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2023-356-Minutes for Meeting October 18,2023 Recorded 11/6/2023Q`1�vi ES co BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Steve Dennison, County Clerk CJ2023-356 Commissioners, Journal 11 /06/2023 11:53:12 AM O./ II�II'�I'I'III�II�I�IiIII 2023-356 I II III FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY October 18, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were County Administrator Nick Lelack; Assistant County Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www,deschutes.org/meetings. CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Approval of Document No. 2023-906 terminating the Improvement Agreement for Caldera Springs Destination Resort 2. Approval of Chair signature of Document No. 2023-919, a Notice of Intent to Award a contract for the Knott Landfill Cell 9 construction project 3. Approval of a lease with Dr. Anne Onishi and Maureen McCaffrey for the Medical Examiner's Office BOCC MEETING OCTOBER 18, 2023 PAGE 1 OF 12 4. Consideration of Bard Sicgriature or, lette reappointing Donna Mills for service on the Deschutes County Public Safety Coordinating Council Approval of minutes of the BOCC September 20 and 27, 2023 meetings CHANG: Move approval of the Consent Agenda as presented ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ACTION ITEMS: 6. Proclamation: Domestic Violence Awareness Month The Board read the proclamation into the record for presentation to Shannon Ries, Development Director at Saving Grace. Saving Grace offers emergency shelter and other 24-hour help to victims of domestic violence. ADAIR: Move adoption of a proclamation declaring October to be Domestic Violence Awareness Month CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried The Commissioners expressed appreciation for the work Saving Grace does to address the problem of domestic violence. 7. Public Hearing and first reading of Ordinance No. 2023-022, amending Deschutes County Code section 6.12 Dave Doyle, County Attorney, explained that the Deschutes County Sheriffs Office sought an amendment to Deschutes County Code section 6.12 to clarify the required conditions for chickens to be treated as livestock. The proposed amendment would revise the definition of the term "livestock" to include domesticated fowl that is located wholly on private property, whether or not it is in a pen, cage or hutch. Doyle said the purpcse of this change is to allow claims to be pursued against dog owners whose dogs attack fowl on another person's BOCC MEETING OCTOBER 18, 2023 PAGE 2 OF 12 8. 9. properry even iI the fo vl are unpenned.. the proposed amendment was reviewed by the Dog Control Board with no obiection or, opposition. Commissioner Adair expressed strong support for this change. Responding to Commissioner Chang, Doyle said the County learns of dogs attacking unpenned fowl two to four times a year on average. The unamended Code did not allow the County to take any action in such cases. The public hearing was opened at 9:09 am. There being no one who wished to testify, the public hearing was closed at 9:10 am. ADAI R: Move approval of first reading of Ordinance No. 2023-022 amending Title 6.12, Livestock Kills, of the Deschutes County Code by title only CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the title of the ordinance into the record. Road Dedication - Fryrear Butte Road Haleigh King, Associate Planner, presented a request for Board approval of a deed of dedication for new public right-of-way on Fryrear Butte Road. The purpose of the request is to provide for future road frontage for landlocked parcels. CHANG: Move approval of Board signature of Document No. 2023-097 accepting the dedication of a portion of Fryrear Butte Road for roadway and utility purposes ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Ordinance No. 2023-014, amending Deschutes County Code to allow Rural Accessory Dwelling Units Kyle Collins, Associate Planner, reminded that the Board held a public hearing on this matter in July and conducted deliberations in August, at which time it BOCC MEETING OCTOBER 13, 2023 PAGE 3 OF 12 directed several rnodifications un the draft text arnendmenLs as presented by staff. Commissioner Chang spoke to the importance of protecting groundwater quality and said because the County has not recently monitored this in the south county, it is not known if it has degraded or not. He noted staffs recommendation had been to adopt a five -acre minimum threshold for parcels adding an ADU in the south county, but a majority of the Board supported changing that to two acres. He was concerned about the potential impacts of this change on groundwater quality and asked how onsite wastewater systems will be assessed to ensure that they can accommodate the primary residence and an ADU or, if staff determines that a site cannot provide for adequate groundwater protection, if an application for an ADU can be rejected and a permit not issued. Collins said the process will require an on -site evaluation before an application can be submitted seeking a permit to add an ADU. He confirmed that an evaluation could result in disallowing an application to be submitted. Peter Gutowsky, Community Development Director, added that even if an on -site evaluation indicated that a septic system could be modified to accommodate a new ADU, impacts would still result. He noted the vulnerability of the aquifer in the south county and said any increase in density will add nitrates to the system and accelerate nitrate loading. Gutowsky said the DEQ groundwater monitoring report is now expected to be issued early next year. County Administrator Nick Lelack said the County must implement State rules as issued by the Department of Environmental Quality (DEQ). Certain rules may make rural ADUs expensive or not affordable due to the need to adhere to State requirements such as installing a system that could adequately process the added wastewater of an additional residence. In response to Commissioner Adair, Todd Cleveland, Onsite Wastewater Manager, said the DEQ report has been delayed due to staffing limitations, the current drought, and complications related to gaining access to wells. He described the aquifer in the south county as slow -moving and said its loading has not been sufficiently reduced to avoid a problem in the future. He remained concerned about contributing more contamination to this drinking water source. Commissioner Chang said approving a two -acre minimum parcel size in the south county would establish an expectation that ADUs can be built on these parcels, but that may not be true if the property lacks sufficient wastewater capacity. Saying this could lead to disappointment and anger, he supported restricting ADUs in the south county to parcels five acres or larger in size. BOCC MEETING OCTOBER 18, 2023 PAGE 4 OF 12 Commissioner DeBone said rno>t parcels in that area C.re one acre in size. While he understood that some applications would be denied or abandoned due to prohibitive costs, and agreed that groundwater protection is important, he supported a two -acre minimum. Responding to Commissioner Adair, Collins said there are just over 1,100 two - acre or larger parcels in south Deschutes County, and 319 parcels with five or more acres. Commissioner Adair referred to events in Boardman, Morrow County last year when high levels of nitrate contamination in the groundwater resulted in the distribution of bottled water to residents. Cleveland said staff recommends restricting ADUs in southern Deschutes County to parcels at least five acres or larger based on basic loading calculations. He explained that larger parcels provide better diffusion of nitrates and can spread any pollution over a greater area. Commissioner Chang said because all of the groundwater in the south county moves northward through the ground or is discharged as spring flow into the river, a too -high nitrate load in this area would eventually expand to affect other areas. He said groundwater problems in the south county are from onsite wastewater systems and was concerned that nitrates might pose a problem for wells. Discussion ensued regarding amending the ordinance to restrict ADUs in south Deschutes County to parcels five acres or larger in size. Commissioner Adair noted if that amendment is made at this time, it could be changed later if the DEQ study is favorable. CHANG: Move approval of first reading of Ordinance No. 2023-014, amending Deschutes County Code Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures Ordinance, to adopt provisions for Rural Accessory Dwelling Units with the amendment that in southern Deschutes County, rural ADUs are restricted to properties five acres or larger ADAIR: Second VOTE: ADAI R: Yes CHANG: Y 0 s DEBONE: Chair votes yes. Motion Carried BOCC MEETING OCTOBER 18, 2023 PAGE 5 OF 12 Chair DeBone read the ti"le e the ordinance Tito ripe record and said second reading will take place in two weeks. 10. Consideration to hear an appeal of a modification of a previously approved land use permit to change the point of access Dan DiMarzo, Assistant Planner, said the Hearing's Officer denied a request for a modification of a previously approved land use permit to change the point of access for parcels sited in the 41000 block of NE O'Neil Way. DiMarzo explained that the applicant had sought and was issued permits to divide the property from one parcel into three, with the approved point of access for two of the parcels being NE Coyner Avenue. The applicant requests the permit be modified to change the point of access for the two new parcels to NE O'Neil Way, which is State Highway 370 under the jurisdiction of the Oregon Department of Transportation (ODOT). The modification application also seeks to remove the permit's conditions of approval that require road improvements and the dedication of right-of-way to NE Coyner Avenue. The Hearing's Officer denied the applicant's modification request on the grounds that NE O'Neil Way is a principal arterial, and Deschutes County Code Section 17.48.210 states that "The creation of access onto arterials and collectors is prohibited unless there is no other possible means of accessing the parcel." DlMarzo added that after ODOT initially approved the applicant's request to allow the two new parcels to access NE O'Neil Way, ODOT stated that approval had been given in error and subsequently rescinded it. ODOT then re -issued a conditional approval, contingent on receiving local land use approval from the County. DiMarzo concluded that staff recommends the Board decline to hear the appeal. Stephanie Marshall, Assistant Legal Counsel, added that the permit was issued with the approved point of access for the two new parcels being NE Coyner Avenue. That permit was not appealed by the applicant. CHANG: Move approval of Order No. 2023-044 declining to hear an appeal of the Hearings Officer's decision on a modification of a previously approved land use permit to change the point of access ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes BOCC MEETING OCTOBER 18, 202s PAGE 6 OF 12 DEBONE: Chair votes yes. Motion Carried 11. Amendment to a contract with leis Telehealth and Resolution 2023-058 which increases appropriations and reduces reserves within the Health Services Fund Holly Harris, Behavioral Health Director, and Chandra Mola, Program Supervisor, said the County contracts with Iris Telehealth to provide tele-psychiatric treatment for individuals served by Deschutes County Health Services. The proposed amendment to this contract would increase funding by $280,000 to include services of a Psychiatric Mental Health Nurse Practitioner at the North County (Kingwood) clinic. If approved, the associated resolution would formalize the needed adjustments to the County's FY 23-24 Budget. CHANG: Move approval of Board Signature of Document No. 2023-871, amending a contract with Iris Telehealth for tele-psychiatric services ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Move approval of Resolution No. 2023-058 reducing reserves and increasing appropriations within the Health Services Fund and the 2023-24 Deschutes County Budget ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 12.. Oregon Health Authority grant agreement #180009-2 and Resolution No. 2023-060 converting 1.0 limited duration FTE to regular and increasing appropriations in the Health Services Fund Heather Kaisner, Public Health Director, said the proposed amendment to a grant agreement with the Oregon Health Authority (OHA) would modify program element descriptions and result in an additional $922,746 in funding, most of which ($652,283) would be used for leadership, governance and program implementation to further public health modernization efforts. In conjunction with the additional funding, Health Services seeks authorization to convert one Public Health Program Manager from limited duration to regular effective BOCC MEETING OCTOBER 18, 2023 PAGE 7 OF 12 January 1, 2024. Kaisner said this positior would Focus on emergency preparedness, community partnership developrnent and risk communications. Cheryl Smallman, Health Services Business Officer, said because the proposed resolution would free up $150,000 in ARPA funds, Health Services asks that the Board approve extending the end date to use ARPA funding earmarked for Health Services through December 2026. ADAIR: Move approval of Chair signature of Document No. 2023-902, Oregon Health Authority agreement #180009-2 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Move approval of Resolution No.2023-060 to convert 1.0 limited duration FTE to a regular FTE position and increase appropriations within the Heath Services Fund and the 2023-24 Deschutes County Budget ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioners DeBone and Adair were in agreement that the request for authorization to extend the end date to use ARPA funding earmarked for Health Services through December 2026 can be addressed at a later date. 13. Public Health Advisory Board By -Laws Update Public Healih Manager Tom Kuhn, PHAB Chair Rob Ross and PHAB Vice -Chair Colleen Sinsky presented recommended updates to the by-laws of the Public Health Advisory Board, last updated in 2017. Ross explained that some of the changes reflect a desire to become more responsive to the needs of the public. Also, the PHAB believes it can be more impactful by focusing its efforts. Commissioner Chang noted that as an advisory board, it is not PHAB's role to implement solutions to public health problems. He appreciated that collaborative partnerships have emerged from the Board's work. BOCC MEETING OCTOBER 18, 2023 PAGE 8 OF 12 Commissioner Adair advised the by-laws be charged to state that the PHAB meets monthly instead of at least quarterly. CHANG: Move approval of the recommended updates to the Public Health Advisory Board By -Laws with the added revision that PHAB meetings are held monthly ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 14. Deschutes County Employee Benefits Renewal for the 2024 Plan Year Kathleen Hinman, Human Resources Director, said each fall, the County evaluates the employee health benefits plan and the vendor contracts which support it in advance of January 15Y, when these are scheduled to be renewed. Hinman described the process undertaken to offer a benefits plan which offers proven effectiveness, is competitive with benchrnarking against other health plans, aligns with current laws, and is fiscally responsible. Noting that the Health Benefits Fund balance was recently $4.2 million and is now $3.8 million, Commissioner Adair was concerned about the potential devastating effect that health emergencies could have on this fund and questioned why the County is not raising the employee cost share for coverage more. Commissioner Chang said rather than increase the employee premium co -pay amounts, the best way to protect the Health Benefits Fund is to reduce costs by promoting employee health and wellness. Continuing, Hinman said the County solicited bids for a Stop Loss contract and was able to bring the 2024 cost down from a 15% increase to a 7.7% increase. Although this amounts to an approximate $87,000 increase for next year, the County anticipates a rate refund of approximately $100,000. ADAIR: Move approval of renewing with Sunlife, the current Stop Loss provider, and deductible limits for the 2024 plan year CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING OCTOBER 18, 2023 PAGE 9 OF 12 Responding to Commissioner DeBone regarding the recommendation to renew with PacificSource for Third Party Administrator services, Hinman said PacificSource has proposed a 3.9% rate increase for 2024. ADAI R: Move approval of renewing with PacificSource, the current Third Party Administrator, for the 2024 plan year CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Hinman next presented the ten recommended changes to the employee benefit plan as supported by the Employee Benefit Advisory Committee (EBAC). Commissioner DeBone shared that he attended the EBAC meeting where these changes were discussed. With respect to the provision of abortion services, he supported following State law as required under HB 2002. Commissioner Chang supported approving all ten changes recommended by the EBAC. CHANG: Move approval of the staff -recommended Employee Benefit Plan changes #1-10 ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ADAI R: Move approval of County Administrator signature of the final Deschutes County Employee Benefits Health Plan documents and service agreements for the 2024 plan year CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner Change thanked the EBAC for its work on the renewals. 15. FY 2024 Q2 Discretionary grant application review BOCC MEETING OCTOBER 18, 2023 PAGE 10 OF 12 Stephanie Robinson, Administrative Analyst, presented applications submitted to the Deschutes County Discretionary Grant Program for the Board's consideration and determination of award amounts. At 11:25, a break was announced. The meeting reconvened at 11:40. OTHER ITEMS: Dave Doyle, County Attorney, asked that the Board approve a Memorandum of Understanding (MOU) between the County and the Deschutes County Sheriffs Office (DCSO) regarding legal services. Doyle explained that the purpose of the MOU is to clarify the role of legal counsel in DCSO. Sheriff Nelson has signed the MOU. ADAIR: Move approval of Chair signature of Document No. 2023-947, a Memorandum of Understanding between the County and the Sheriffs Office for legal services CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner Adair acknowledged the assistance of Sheriff Shane Nelson in siting billboards which inform the public of the risk and dangers of fentanyl use. Deputy County Administrator Whitney Hale presented a letter drafted for the purpose of submitting comments from the Board on the State's rule -making analysis and process for groundwater allocation. Commissioner DeBone explained that the City of Redmond has asked that the County submit a letter on its behalf. Commissioner Chang agreed that the incorporated cities in Deschutes County should have access to the water they need. At the same time, the County must acknowledge declining groundwater levels and formulate a specific approach for the Deschutes basin. Following discussion, the Board was in consensus to revise the letter as directed and address it to the Governor with copies to legislators and the Water Resource Department. The Board discussed drafting a letter to comment on Measure 110, which some have called to be reformed. BOCC MEETING OCTOBER 18, 2023 PAGE 11 OF 12 Commissioner Adair said thls legislation should be repeaied, and tirne is of the essence as overdoses are increasing and babies are bleing born addicted. She added that sending Measure 110 back to the, voters would take too long. Commissioner DeBone said District Attorney Gunnels and Sheriff Nelson will be invited to co-sign the letter. Commissioner Chang agreed that the increase in public drug use and the fentanyl epidemic are concerns. He supported expanding the capacity of treatment and recovery services and developing appropriate incentives to motivate people to seek treatment. The Board provided direction to staff to use in drafting a letter for its consideration. Commissioner Adair attended the groundbreaking for the Housing Works Spencer Court affordable housing project, noting the County had contributed $2 million for this endeavor. Commissioner DeBone said the County will sponsor a table at the upcoming Bend Chamber of Commerce Impact conference on October 31 sc EXECUTIVE SESSION: At 12:00 noon, the Board moved into Executive Session under ORS 192.660 (2) (h) Litigation. The Board moved out of executive session at 12:06 p.m, with no action taken. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 12:06 pm. DATED this �� day of Y 2023 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY PHIL CHANG, C MMISSIONER BOCC MEETING OCTOBER 18, 2023 PAGE 12 OF 12 E S C0G -A BOARD BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, OCTOBER 18, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. Alternatively, comments may be submitted on any topic at any time by emailing citizen input@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you are called on. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. if you need accommodations to make participation possible, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. CONSENT AGENDA 1. Approval of Document No. 2023-906 terminating the Improvement Agreement for Caldera Springs Destination Resort 2. Approval of Chair signature of Document No. 2023-919, a Notice of Intent to Award a contract for the Knott Landfill Cell 9 construction project 3. Approval of a lease with Dr. Anne Onishi and Maureen McCaffrey for the Medical Examiner's Office 4. Consideration of Board Signature on letter reappointing Donna Mills for service on the Deschutes County Public Safety Coordinating Council. 5. Approval of minutes of the BOCC September 20 and 27, 2023 meetings ACTION ITEMS 6. 9:10 AM Proclamation: Domestic Violence Awareness Month 7. 9:20 AM Public Hearing and first reading of Ordinance No. 2023-022, amending Deschutes County Code section 6.12 8. 9:35 AM Road Dedication -Fryrear Butte Road 9. 9:45 AM Ordinance No. 2023-014, amending Deschutes County Code to allow Rural Accessory Dwelling Units 10. 10:05 AM Consideration to hear an appeal of a modification of a previously approved land use permit to change the point of access October 18, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 11. 10:15 AM Amendment to a contract with Iris Telehealth and Resolution 2023-058 which increases appropriations and reduces reserves within the Health Services Fund 12. 10:25 AM Oregon Health Authority grant agreement #180009-2 and Resolution No. 2023-060 converting 1.0 limited duration FTE to regular and increasing appropriations in the Health Services Fund 13. 10:35 AM Public Health Advisory Board By -Laws Update 14. 10:50 AM Deschutes County Employee Benefits Renewal for the 2024 Plan Year 15. 11:05 AM FY 2024 Q2 Discretionary grant application review OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 16. Executive Session under ORS 192.660 (2) (h) Litigation ADJOURN October 18, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 PROCLAMATION DESCHUTES COUNTY BOARD OF COMMISSIONERS WHEREAS: Domestic violence affects every person in Deschutes County, whether as a victim or survivor, or as a family member, friend, partner, neighbor, educator, employer, or co-worker; and WHEREAS: Now, more than ever, we are being reminded that we are capable of change, and each person makes choices every day that either support or challenge a culture of violence; and WHEREAS: Every individual in Deschutes County has a role to play in promoting health and safety for all people by not tolerating violence, by promoting accountability, and by participating in efforts to end violence; and WHEREAS: New efforts build on foundations laid by dedicated advocates, preventionists, activists, and other partners who have been doing this work for decades; and WHEREAS: By taking action where you work, play, learn, worship, or live, change is possible and domestic violence is preventable when we are all working together to end domestic violence; NOW THEREFORE: The Deschutes County Board of Commissioners hereby proclaims October 2023 to be DOMESTIC VIOLENCE AWARENESS MONTH in Deschutes County. DATED this day of ® U v , 2023. PHIL CHANG, COM SSIONER MEETING DATE: BOARD OF COMMISSIONERS October 18, 2023 SUBJECT: Public Hearing and first reading of Ordinance No. 2023-022, amending Deschutes County Code section 6.12 RECOMMENDED ACTION: First, hold a public hearing to take testimony on the recommended amendments. Thereafter, move approval of first reading (by title only) of Ordinance No. 2023-022. BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Sheriff's Office reached out to County Legal and asked if Deschutes rni intx, r'nrlo cortinn ti 1) rni drl ha amanrlarl to rlarifv tha rani iirarl rnnrlitinnc for rhirkanc to be treated as "livestock" for purposes of County Code. The proposed amendment (section 6.12.020) was reviewed by the Dog Board with no objection or opposition. BUDGET IMPACTS: None ATTENDANCE: Legal REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 6.12, Livestock Kills, of the Deschutes County Code. * ORDINANCE NO. 2023-022 WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through ordinance by Deschutes County and the Deschutes County Board of Commissioners; and WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the DCC; and WHEREAS, staff from the Sheriffs Office have identified a need to amend DCC 6.12 to further define domesticated fowl as livestock; and WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly noticed Board meeting on October 18, 2023, and determined that DCC 6.12 should be amended; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 6.12 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 str-ikethretigh. Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading. 1H PAGE ll OF 2 - ORDINANCE NO.2023-022 Dated this of , 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of 1 st Reading: 18" day of October, 2023. Date of 2nd Reading: Is'day of November, 2023. Commissioner Patti Adair Phil Chang Anthony DeBone Effective date: 1st day of February, 2024. ANTHONY DeBONE, Chair PATTI ADAIR, Vice Chair PHIL CHANG, Commissioner Record of Adoption Vote Yes No Abstainer) F.-1-1sed PAGE 2 OF 2 - ORDINANCE NO.2023-022 EXHIBIT A (To Ordinance 2023-022) CHAPTER 6.12 LIVESTOCK KILLS 6.12.010 Definitions 6 12 012 Definition; Animal Control Officer 6.12.015 Definition; Board 6.12.018 Definition; Chasing 6.12.019 Definition; Injury, Iniures Or Injuring 6 12.020 Definition; Livestock 6 12 025 Definition; Domesticated Fowl 6.12.030 Killing Wounding Or Injuring Livestock; Nuisance 6.12.040 Harboring Of Livestock Killing Dogs Prohibited 6.12.050 Killing Wounding Injuring Or Chasing Livestock; Evidence 6.12.060 Hearing 6.12.065 Payment Of Costs And Penalties; Liens 6.12.070 Killing Wounding Or Injuring Of Livestock; Disputable Presumption 6.12.080 Owner Of Livestock; Damage Claims 6.12.090 Damage Claims Hearing 6.12.100 Damage Claims; Collection 6.12.110 Civil Right Of Action 6.12.120 Microchip Identification Of Dog 6.12.130 Release Of Dog Found To Have Harmed Domesticated Fowl 6.12.010 Definitions As used in DCC 6.12, the words and phrases are defined as set fora in DCC 6.12.012 through DC-C 6.12.025. HISTORY Adopted by Ord. 95-031 §1 on 5/1711995 Amended by Ord. 2012-015 §I on 101312012 6 12 012 Definition; Animal Control Officer "Animal control officer" means the Deschutes County Animal Control Officer or any Deschutes County Sheriff's Deputy performing the functions of the Deschutes County Animal Control Officer. HISTORY Adopted by Ord. 97-011 §I on 311911997 6.12.015 Definition; Board "Board" means the board of supervisors, as defined under DCC 2.50. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-014 §1 on 312911995 6.12.018 Definition; Chasing "Chasing" means causing livestock to move from a place or remain in a place involuntarily. HISTORY Adopted by Ord. 97-011 §2 on 311911997 6.12.019 Definition; Injury. Injures Or Injuring "Injury, injures or injuring" means abrasion or laceration of skin or hide, fracture of bones, impairment of normal gait, and aborting of fetus. HISTORY Adopted by Ord. 97-011 §1 on 311911997 6.12.020 Definition; Livestock "Livestock" means ratitites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, and swine. For purposes of this section 6.12 of the Deschutes County Code, "Livestock" also includes; domesticated fowl, and any fur -bearing animal bred and maintained commercially provided that the domesticated fowl or fur -bearing animal bred and maintained commercially is located wholly on private property that is not also the premises of subject dog(s) owner or keeper. , OF hutc-1l-. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 2012-015 §1 on 101312012 Amended by Ord. 2020-005 §1 on 11112021 Amended by Ord. 2023-022 §1 on 111112023 6.12 025 Definition; Domesticated Fowl "Domesticated Fowl" means chickens, geese, ducks, peafowl, guinea fowl and turkeys. HISTORY Adopted by Ord. 2012-015 §1 on 101312012 6.12.030 Killing, Wounding Or Iniuring Livestock; Nuisance A. Except as provided in DCC 6.12.030(C), any dog, whether licensed or not, that, while off the premises of its owner or keeper, kills, wounds, or injures any livestock not belonging to the owner or keeper of such dog, is a public nuisance and may be killed immediately by any person. However, nothing in DCC 6.12.030 applies to any dog acting under the direction of its owner or keeper, or the agents or employees of such owner or keeper. B. If any dog, not under the control of its owner or keeper, is found feeding upon the warm carcass of livestock not the property of such owner or keeper it shall be deemed prima facie, as engalged in killing, wounding or injuring livestock for purposes of this section 6.12.030. C. No person shall kill any dog for killing, wounding or chasing chickens upon a public place, highway or within the corporate limits of any city. D. Violation of DCC 6.12.030 shall be a class B violation. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-031 §1 on 511711995 Amended by Ord. 2012-015 §I on 101312012 Amended by Ord. 2020-005 §1 on 11112021 6.12.040 Harboring Of livestock Killing Dogs Prohibited A. No person shall own, harbor, or keep any dog with knowledge that it has killed or wounded any livestock except as permitted by the Board, a court of competent jurisdiction, or pursuant to adoption or relocation of the dog as approved by the County or its designee. B. Notwithstanding the foregoing, no person shall be liable for harboring or keeping such dog with knowledge that it has killed or wounded domesticated fowl, unless the owner fails to pay full damages for the domesticated fowl killed or wounded within three days after receipt of a demand for such damages from the owner. C. Violation of DCC 6.12.040 shall be a class B violation. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-031 §1 on 511711995 Amended by Ord. 2012-015 §1 on 101312012 Amended by Ord. 2020-005 §1 on 11112021 6.12-050 Killing; Wounding, Injuring Or Chasing Livestock: Evidence A. Upon observing a dog engaged in killing, wounding, injuring or chasing livestock or upon receipt from a complainant of a written complaint supported by evidence that a dog has been so engaged, the dog control officer or other law enforcement officer shall impound the dog. 1. The written complaint referenced in subsection (A), above, shall be made on a form prepared by the Deschutes County Sheriff's Office. 2. Such form shall clearly state that: The complaint is made upon declaration of the complainant of the truth of the statements contained therein, and b. If the dog is ultimately determined to have not engaged in chasing, killing, injuring or wounding livestock, the complainant may be liable for the impoundment fee and/or the costs of keeping and testing the dog pursuant to DCC 6.12.060(B). If there is reason to believe that reasonable testing of a dog impounded pursuant to DCC 6.12.050(A), including, but not limited to, a fecal examination or examination of the teeth of the dog, will provide substantial further evidence as to whether the dog has been engaged in killing, wounding, injuring or chasing livestock, the County may order administration of tests by a licensed veterinarian. C. The decision whether to order any such testing shall be wholly within the discretion of the County, and the County's failure to order such testing shall not be considered as evidence by the Board. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-031 §1 on 511711995 Amended by Ord. 2012-015 §1 on 101312012 6.12.060 Hearing A. If a dog is impounded pursuant to DCC 6.12.050, the owner or keeper of the dog shall be entitled to a hearing as follows: 1. At the time the dog is impounded, or as soon as practicable thereafter, the County shall provide the dog's owner or keeper notice of the right to request a hearing before the Board. 2. Notice of the right to request a hearing shall be provided in a manner reasonably calculated, under all the circumstances, to apprise the owner or keeper of the specific behavior and incident alleged and the possible penalties, and to provide the owner or keeper with a fair opportunity for making the hearing request. A dog's owner or keeper shall cause a hearing request to be delivered to the County not later than the 14th day after notice is provided under subsection (A)(1), above. 4. If the owner or keeper does not make a timely request for hearing, the owner or keeper may be conclusively presumed to have admitted the matter alleged and the County may immediately take action under subsection (C), below. 5. If the dog's owner of keeper timely request hearing, the Board shall schedule a hearing for the first reasonably available date. a. The owner or keeper of a dog shall be provided with notice of the hearing not less than three days prior to the hearing. b. If the owner or keeper of the dog cannot be found, notice shall be given by mailing a certified or registered letter to the owner's or keeper's last known address at least five days before the date of the hearing, or, if no last known address is known to the County, by publication at least five days before the date of the hearing. c. If the County has ordered that the dog be tested unde• DC:C 6.12.050(B), the hearing shall be convened after completion of those tests. 6. The owner shall be afforded the opportunity to present evidence to the Board during such hearing. Other individuals may present evidence at the hearing. The owner or keeper of the dog shall have a final opportunity to rebut any evidence submitted by others and shall be entitled to cross examine witnesses. 7. The hearing conducted by the Board pursuant to DCC 6.12.060 shall be informal and open to the public. 8. All relevant evidence shall be considered by the Board. 9. The Board may establish reasonable parameters for the conduct of the hearing to ensure an orderly and complete presentation of the evidence. The Board, on reasonable grounds, shall continue the hearing to allow the owner or keeper of a dog sufficient opportunity to prepare a defense. 10. The person presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary to determine the matter alleged. 11. A determination made by the Board shall be supported by reliable, probative and substantial evidence. B. If, after hearing, the Board determines that the dog has not engaged in killing, wounding, injuring or chasing livestock, the dog shall be released to its owner. In such cases, if the dog was impounded upon receipt of a complaint from a complainant, the complainant may be required to pay the impoundment fee and/or the costs of keeping and testing of the dog during its impoundment. C. If, after hearing, the Board determines that a dog has engaged in killing, wounding, injuring or chasing livestock, the Board shall take action in accordance with the following guidelines: 1. If the dog has engaged in chasing livestock and has not previously killed, wounded, injured or chased livestock: a. The Board shall take reasonable measures to prevent a recurrence. Reasonable measures include, but are not limited to, requiring that the dog owner take specific measures to adequately confine the dog and provide a notarized written pledge that the owner will prevent the dog from chasing livestock again; and b. The Board may impose a civil penalty of not more than $500. 2. If the dog has engaged in chasing livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in wounding or injuring livestock and has not previously killed, wounded, injured or chased livestock, the Board shall impose a civil penalty of not less than $250 and not more than $1,000. 3. In addition to imposing the civil penalty, the board may: a. Require the dog owner to surrender the dog for adoption by anew owner approved by the Board; or b. Require the owner to remove the dog to a location where, in the opinion of the Board, the dog does not present a threat to livestock; or require that the dog be put to death in a humane manner. 4. Before requiring that a dog be put to death under this subparagraph, the Board shall make specific findings on the record that other measures are not available, are not adequate to remedy the problem or are otherwise unsuitable. S. If the dog has engaged in wounding or injuring livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in killing livestock and has not previously killed livestock, the Board shall impose a civil penalty of not less than $500 and not more than $1,000. 6. In addition to imposing the civil penalty, the Board shall: a. Require the dog owner to remove the dog to a location where, in the opinion of the Board, the dog does not present a threat to livestock; or b. Require that the dog be put to death in a humane manner. 7. If the dog has engaged in killing livestock and the dog has previously killed livestock, the Board shall impose a civil penalty of not less than $500 and not more than $1,000. 8. In addition to imposing the civil penalty, the Board shall require that the dog be put to death in a humane manner. 9. In establishing the history of a dog for purposes of this section, or the history of an owner for purposes of ORS 609.163, the Board shall consider all known determinations involving the dog or owner by any court, or by a governing body, official or agency of any local or state government, without regard to where or when the incident occurred. D. Notwithstanding any civil penalty imposed upon a dog's keeper or owner under this section, the owner or keeper of a dog that is determined to have chased, injured, wounded or killed livestock shall be responsible for paying the impoundment fee, the cost of implanting a microchip pursuant to 6.12.120, and all costs of keeping and testing the dog during the impounding. E. In lieu of payment of a penalty under DCC 6.12.060(C), the Board may consider a petition of indigence and all other relevant circumstances and allow credit for community service at a rate of $10 per hour for each hour of community service performed. However, credit for community service shall not be allowed with regard to payment of the impoundment fee, the costs of microchip implantation, or the costs of keeping and testing the dog. F. Notwithstanding DCC 6.16.010, a dog impounded pursuant to DCC 6.16.060(A) or DCC 6.16.060(C) shall not be released until a determination is made by the Board pursuant to DCC 6.12.060. G. The County shall notify the dog's owner or keeper and the livestock owner of its determi nation and of any civil penalties or other measures imposed, by delivering or mailing a copy of the Board's written decision to the dog's owner or keeper and the livestock owner. HISTORY Adopted by Ora. 90-019 §:1 on 61611990 Amended by Ord. 95-031 BSI on 511711995 Amended by Ord. 97-011 §1 on 311911997 Amended by Ord. 2002-036 §I on 1111312002 Amended by Ord. 2012-015 §I on 101312012 6.12.065 Payment Of Costs And Penalties; Liens A. When the Board assesses any civil penalty, costs and/or fees against a complainant or a dog's owner or keeper under DCC 16.12.060, if the full amount of the financial obligation is not paid within 21 days after delivery or mailing of the Board's determination the County may record the obligation with the county clerk of any county of this state. 1. The County Clerk shall thereupon record in the County Clerk Lien Record the name of the person incurring the obligation. 2. The County Clerk shall not record an obligation while a request for Board of County Commissioner reconsideration or a petition for judicial review is pending. 3. Immediately upon receipt, Deschutes County Legal Counsel shall provide the County Clerk with a copy of any reconsideration or petition for judicial review. B. In addition to any other remedy provided by law, recording an obligation in the County Clerk Lien Record pursuant to this section has the effect provided for in ORS 205.125 and 205.126, and can be enforced as provided in ORS 205.125 and ORS 205.126. C. When a civil penalty is assessed against a dog's owner under this section, the county shall supply the State Department of Agriculture ("Department") with information identifying the dog owner on forms provided by the Department for this purpose. HISTORY Adopted by Ord. 2012-015 §1 on 101312012 6.12.070 Killing, Wounding Or Iniuring Of Livestock; Disputable Presumption A disputable presumption shall arise that a dog has been engaged in killing, wounding, injuring or chasing livestock within the meaning of DCC 6.12.050 if: A. The dog is found chasing livestock not the property of the owner or keeper of the dog in an area where freshly damaged livestock are found; B. The dog is found feeding upon a warm carcass of a livestock animal; C. An examination of the dog's feces indicates ingestion of portions or covering of the anatomy of livestock; or D. Portions of the anatomy or covering of the anatomy of livestock is found on the teeth of the dog, unless the dog is regularly used for the purpose of herding sheep. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-013 §1 on 3/29/1995 6.12.080 Owner Of Livestock; Damage Claims A. The owner of any livestock killed, wounded, chased or injured by any dog may, within ten (10) days after the killing, wounding, chasing or injuring occurred, or became known to him, present to the Board a verified statement containing a full account of the incident, stating in detail the amount of damage claimed on account thereof, and the name and address of the owner or keeper of the dog, if known. B. The livestock owner's claim shall be supported by the affidavit of at least one disinterested person to all material facts contained in it. The affidavit shall be submitted to the Board at the same time as the verified statement. HISTORY Adopted by Ord. 90-019 §I on 61611990 Amended by Ord. 95-031 §1 on 5/1711995 Amended by Ord. 2012-015 §I on 101312012 6.12.090 Damage Claims Hearing A. All claims presented as provided by DCC 6.12.080 shall be heard promptly. B. If the Board determines that any livestock has been damaged by being injured, chased, wounded or killed, the Board may award the livestock owner compensation for such damage in an amount not to exceed a total of $100.00. C. The Board shall state on the record the basis for its award, and shall order a warrant drawn for the amount of damages awarded, to be paid by the County Treasurer out of the dog fund. D. If the Board determines the claim unjust, it shall disallow it and enter that fact upon its record. E. No claim for damages shall be allowed where it appears that the injury or damage complained of was caused by a dog owned or controlled by the claimant or his agent. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-014 §2 on 312911995 Amended by Ord. 95-031 §1 on 511711995 Amended by Ord. 2012-015 §1 on 101312012 6.12.100 Damage Claims; Collection A. In each case where a claim against the dog fund has been paid by the County, the County shall be subrogated to all the rights of the owner of the livestock killed, wounded, chased or injured against the owner of the dog for damages, and may proceed in a lawful way to collect any amount paid. B. Any money so collected shall be paid over immediately to the County Treasurer and credited to the dog fund. HISTORY Adopted by Ord. 90-019 §1 on 61611990 Amended by Ord. 95-031 §1 on 5/1711995 Amended by Ord. 2012-015 §I on 101312012 6.12.110 Civil Right Of Action Nothing in DCC 6.12 shall be construed to prohibit a livestock owner from pursuing civil redress for the injury or death of livestock through any other available means, including, but not limited to, a civil court action for damages. HISTORY Adopted by Ord. 97-011 §I on 311911997 6.12.120 Microchip Identification Of Dog A. When a dog is determined to have chased, injured, wounded or killed any livestock under DCC 6.12.060, the County shall require that a microchip be implanted into any such dog that is not put to death. Implantation shall be done prior to release, relocation or adoption of the dog. B. The dog's owner or keeper shall be responsible for paying the reasonable costs of such implementation. C. The County shall forward the microchip information to the State Department of Agriculture. HISTORY Adopted by Ord. 2012-015 §1 on 101312012 6.12.130 Release Of Dog Found To Have Harmed Domesticated Fowl A. Notwithstanding DCC 6.12.060(C), a dog found to have killed domesticated fowl may be released back to its owner or keeper if the Board finds by a preponderance of the evidence that: 1. The livestock owner did not make reasonable efforts, under all of the circumstances, to protect the fowl from predation; 2. The dog's owner or keeper made reasonable efforts, under all of the circumstances, to maintain the dog on the owner's or keeper's property; 3. The dog has not previously engaged in chasing, injuring, wounding or killing any livestock; and 4. The dog's owner or keeper will take necessary measures to prevent a reoccurrence. B. This section shall not exempt the dog's owner or keeper from paying a civil penalty, taking necessary measures to prevent a reoccurrence, or satisfying any other obligations reasonably imposed upon the owner or keeper under DCC Chapter 6.12, which obligations may be imposed as a condition to release of the dog. C. In addition to any other penalties, fees or obligations imposed upon a dog owner under this subsection, the Board may order that the dog owner pay reasonable compensation to the livestock owner for the domesticated fowl killed, and may make payment of such compensation a condition to release of the dog. HISTORY Adopted by Ord. 2012-015 §1 on 101312012 Amended by Ord. 2014-019 §1 on 613012014 vT E S Co o BOARD OF COMMISSIONERS MEETING DATE: October 18, 2023 SUBJECT: Ordinance No. 2023-014, amending Deschutes County Code to allow Rural Accessory Dwelling Units RECOMMENDED MOTIONS: 1. Move approval of first and second reading of Ordinance No. 2032-014 by title only. 2. Move adoption of Ordinance No. 2023-014 on an emergency basis to take effect on November 17, 2023, pending final acknowledgement from the Oregon Department of Land Conservation and Development. Alternatively, the Board may elect to approve first reading of Ordinance No. 2032-014 at this time and conduct second reading In two weeks. in that case, the ordinance would Lake effect 90 days after second reading and adoption. BACKGROUND AND POLICY IMPLICATIONS: Ordinance No. 2023-014 would amend Deschutes County Code Titles 18, 19 and 22 to adopt provisions for rural accessory dwelling units (ADUs). If the Board conducts first and second reading and adoption on October 1811, the amendments would take effect on November 17, 2023 provided that final acknowledgement of the amendments has been received by the Oregon Department of Land Conservation and Development. BUDGET IMPACTS: None ATTENDANCE: Will Groves, Planning Manager Kyle Collins, Associate Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Kyle Collins, Associate Planner DATE: October 11, 2023 SUBJECT: Consideration of First and Second Reading - Rural Accessory Dwelling Unit (ADU) Amendments On October 18, 2023, staff will present Ordinance No. 2023-014 to the Board of County Commissioners (Board) for consideration of first and second reading. On August 9, 2023, the Board conducted deliberations to consider legislative text amendments concerning local provisions for rural accessory dwelling units (ADUs) as identified in Senate Bills (SB) 391' and 6442 (file no. 247-22-000671-TA). The ordinance provided here reflects the decisions made during those deliberations. 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, 20223. The Commission held deliberations and provided recommendations on October 27, 20224. 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 805 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, 20236. 1 httos://olis.oreRonleRislature.gov/liz/2021R1/Downloads/MeasureDocument/SB0391/A-Engrossed 2 https://olis oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB644/Enrolled 3 https://olis.oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled 4 See Deschutes County Planning Commission October 27, 2022 Agenda for more information: https://www.deschutes.org/bc- pc/page/planning-commission-21 5 httpss://olis.oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled 6 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, 20238, the Board voted to keep the written record open until Wednesday August 9t", 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 11. 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, 2023.9 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 See Board of County Commissioners July 24, 2023 Agenda for more information: https://www.deschutes.org/bcc/page/board- county-commissioners-meeting-115 8 See Board of County Commissioners July 26, 2023 Agenda for more information: https://www.deschutes.org/bcc/page/board- county-commissioners-meeting-116 9 See Board of County Commissioners August 9, 2023 Agenda for more information: https•//www deschutes.org/bcc/page/board-county-commissioners-meetingAl8 -2- October 18, 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. The October 18, 2023 date is based on a presumption of Board adoption by emergency during the October 18, 2023 work session. Should the Board elect to follow a different path, this language will need to be modified accordingly. 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, staff has modified the code to allow ADU development on qualifying properties 2 acres or larger County -wide, including Southern Deschutes County, pursuant to state statute standards. 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? RatPri on rnncprn-, from Communitv 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 Alerts10 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 As noted in the language of Ordinance No. 2023-014, staff has recommended that the Board vote on and adopt the ordinance by emergency, with an effective date of 30 days and after final acknowledgement 10 https•//www.deschutes.org/911/page/sign-deschutes-alerts -4- by the Department of Land Consei vction and Development (DI -CID), This proposed action requires a unanimous vote. Alternatively, if the vote is not unanir-nous, the Board will hold first and second readings at least 14 days apart, and then the ordinance will be effective 90 days after second reading. Should the Board elect to follow an approach different than that offered by staff, the existing ordinance language will need to be modified for a future Board meeting concerning first reading. Attachments: Ordinance No. 2023-014 and Corresponding Exhibits - Emergency -5- REVIEWED LEGAL COUNSEL 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 — Introductions and Definitions; and 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 tr-ikethr-ough. 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 stFikethrough. 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��n. 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 sti4kethrough. 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 str4kethrough. 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 str-ilethfetigh. 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 str-ikethrough. 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 and language to be deleted in stri-kethr-ough. 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 stFik�g h. 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 gn. 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. PAGE 2 OF 3 - ORDINANCE NO.2023-014 Dated this of 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary ANTHONY DEBONE, Chair PATTI ADAIR, Vice Chair PHILIP CHANG Date of 1st Reading: day of , 2023. Date of 2" ' Reading: day of , 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; IVIUA 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. 1. 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 112711993 Amended by Ord. 93-043 §4 on 812511993 Amended by Ord. 94-008 §10 on 61811994 Amended by Ord. 2001-016 §2 on 312812001 Amended by Ord. 2001-039 §2 on 1211212001 Amended by Ord. 2004-002 §3 on 412812004 Amended by Ord. 2019-009 §1 on 91312019 Recorded by Ord. 2019-009 §1 on 91312019 Amended by Ord. 2023-014 §1 on 1011WO23 Ey iibit 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. V. Noncommercial horse stables as defined in DCC Title 18, excluding horse events. H. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to DCC 18.116.280. K. Historic 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 1011812023 Exhibit C CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.350 Historic Home Accessory Dwelling Units In The RR10 And MUA Zones 18.116.355 Residential Accessory Dwelling Units In The RR10 And MUA 10 Zones 18.116.350 Historic Home Accessory Dwelling Units In The RR10 And MUA Zones A. As used in this section: 1. "Historic ^rresser¢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 (RR10 and MUA zeffesZones) 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: 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. 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 pnrtinn therenf 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 ^^GeSSeFy ^welliRg - 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 1011812023 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. I Theoccupant The ants the unit for vnrntinn nllrnncac only1, not as a nrinrinnl racirlanra- rN�^I Nv 1 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. 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 October 18, 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: uate access connecting an accessory dwelling unit with a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. Adequate access is met by demonstrating compliance with section 10(a)i and 10(a)(ii), or section 10(a)(iii): L 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 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 anall-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 12(b)(i) or 12(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 adiacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed; and 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed; 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 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 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 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. 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 CountV 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 1011812023 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. 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 1011812023 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. 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 1011812023 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. H. Residential Accessory Dwelling Units, subject to DCC 19.92.160 HISTORY Adopted by Ord. PL-11 on 711111979 Amended by Ord. 88-042 §4 on 1211911988 Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990 Amended by Ord. 91-001 §2 on 112811991 Amended by Ord. 2008-014 §3 on 313112008 Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009 Amended by Ord. 2019-009 §4 on 91312019 Recorded by Ord. 2019-009 §4 on 91312019 Amended by Ord. 2023-014 §5 on 1011812023 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. i 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 1011812023 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. CC.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 1011W023 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 1011812023 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 Ar=GesseFy 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. An owner of a lot or parcel within an area zoned for rural residential use (UAR-10 and SR-2 1/2 zGpe.&Zones) may construct a new single-family dwelling on the lot or parcel, provided: 1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137; 2. The lot or parcel is at least two acres in size; 3. A historic home is sited on the lot or parcel; 4. The owner converts the historic home to 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 a.R 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 dame water supply cnwirro a,, the hirtnrir nrreccnry rl%niallinau 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 .dwelli.Rg and the aGGessery , welliRg W it 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 1011812023 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 %2, or WTZ 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 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 perrnitteU outright on a lot or parcel Zoileu vNrt-10, Jrt-L %z, or 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. 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 October 18, 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 10(a)i and 10(a)(ii), or section 10(a)(iii): i. A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not 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 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 Gijon R277 of+kn ( —^m Rocidential Sperinitu r r%r4a 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 12(b)(i) or 12(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 adiacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed; and 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed; 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. 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 1011812023 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. O.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 Adminlstrallye Rule) (0MR1. HISTORY Adopted by Ord. PL-11 on 711111979 Repealed & Reenacted by Ord. 90-038 §1 on 101311990 Amended by Ord. 2023-014 §10 on 1011W023 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; eeln 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 validated 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 1011812023 LwJ ES CO ei s�A A.-: Exhibit L DO 100021MW FILE NUMBER: 247-22-000671-TA STAFF REPORT 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 Ill. BASIC FINDINGS: A. Senate Bill 391 Onjune 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 ' 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 Q% (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 1945.2 However, unlike urban zones, rural residential zones did not have other by -right accessory dwelling options, making inter -generational and alternative housing options difficult to achieve. SB 391 only authorizes ADUs on lands zoned for rural residential use. Areas zoned for rural residential use are defined by ORS 215.501 to mean "land that is not located inside a UGB as defined in ORS 195.060 (Definitions) and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use." The applicable zoning designations in Deschutes County for these lands are Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect Zone (WTZ). B. Senate Bill 644 On May 8, 2023, the Oregon Legislature adopted Senate Bill (SB) 644, which amends requirements relating to wildfire hazard mitigation for development of accessory dwelling units on lands zoned for rural residential use.' Prior to adoption of SB 644, counties were required to wait for final adoption of the Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map) from the Oregon Department of Forestry (ODF) as identified in SB 7624 prior to adoption of any local administering rural ADU standards. SB 644 decouples adoption of the Statewide Map of Wildfire Risk (Statewide %AliIrlfirim i M7.nrri NAnn) frnm tha arinntinn of arni Inrana l ri dinc AIIrwliri iral Ann Ic n, irina -In\/ intarim 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-TA Page 2 of 43 III. PROPOSAL: This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance. The primary purpose of the amendments is to allow rural ADUs per the adoption of SB 391 and SB 644. The proposal creates two new subsections (effectively the same, but pertaining to different zones in Titles 18 and 19) that govern the criteria for rural ADUs. Table 1 provides a summary of each provision of the amendments. Table 1 - SB 391 & SB 644 Requirements Topic SB 391/SB 644 Requirements Comment SB 644 Section 1(2)(c) requires one single-family DCC 18.116.355(13)(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 18.116355(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� �U ` it `11.116�' I LAB IU�IVC 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)(3) and DCC Areas of Critical State critical state concern. Areas of critical state 19.92.160(B)(3) 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)(4) and DCC Minimum Lot Size SB 644 Section 1(2)(b) requires the subject lot or 19.92.160(B)(4) are consistent with parcel be at least two acres in size. p SB 391/SB 644. 247-22-000671-TA Page 3 of 43 Topic SB 391/SB 644 Requirements Comment DCC 18.116.355(B)(5) and DCC 19.92.160(B)(5) 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)(6) and DCC 19.92.160(B)(6) 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)(7) and DCC 19.92.160(B)(7) 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 dwelling. Sanitation and SB 644 Section 1(2)(e) requires the ADU to comply DCC 18.116.355(B)(8) and DCC with applicable sanitation and wastewater 19.92.160(B)(8) are consistent with Wastewater regulations. SB 391/SB 644, SB 644 Section 1(2)(j) requires the lot or parcel be DCC 18.116.355(B)(9) and DCC Fire Protection District served by a fire protection service provider with 19.92.160(B)(9) are consistent with Service professionals who have received training or 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)(10) and DCC 19.92.1 60(B)(1 0) 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 18.116355(B)(12) and DCC parcel is in an area identified on the statewide 19.92.160(B)(12) 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 tand after the established by the State Fire Marshal under ORS adoption Statewide tewide Wildfire 476.392 and any applicable local requirements id 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)(11) and DCC map of wildfire risk described in ORS 477.490, the 19.92.160(B)(11) are consistent � , ADU must comply with R32/ (lire hardening With CR 3Q1 NR 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)(13) and DCC Nuisance subject to an order declaring it a nuisance or 19.92.160(B)(13) are consistent subject to any pending action under ORS 105.550 with SB 391 /SB 644. to 105.600.' SB 644 Section 1(2)(m)(C)(4)(a) and (b) preclude a Subdivision and Other subdivision, partition or other division of the lot DCC 18.116.355(B)(14) and DCC Accessory Dwelling or parcel so that the existing single-family 19.92.160(B)(14)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 18.116355(B)(15) and DCC SB 644 Section 1(2)(m)(C)(5) allows a county to 19.92.160(B)(15) are consistent require that the ADU be served by the same with SB 391 /SB 644. water source or water supply system as the existing single-family dwelling. If the ADU is While not requiring the same Water Supply served by a well, the construction of the ADU water source, DCC shall maintain all setbacks from the well required 18.116.355(B)(15) and DCC by the Water Resources Commission or Water 19.92.160(B)(15) 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)(17) and DCC Water Right Exempt Use a single unit and therefore do not require a 19.92.160(B)(17) 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(6)(18) and DCC Water Right Restrictions` 537545 (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 Commission7. DCC 18.116.355(B)(19)and DCC 19.92.160(B)(19) 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. 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. FINDING: rixrnn thin nrnnncarl laalClatl\ra nmanrlmantc rin not annl%/ to anxr cnarifir nrnnnrt%/ nn 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 5 to a PAPA when the amendment allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list. Certain areas in rural Deschutes County, zoned MUA-10 and RR- 10 contain Goal 5 resources because they are overlaid with a Wildlife Area Combining Zone. Two zoning codes are being amended to allow Rural ADUs and are therefore subject to an ESEE Analysis. No other changes to the code warrant specific ESEE Analysis as they are not adding new uses that conflict with Goal 5 resources. The ESEE analysis is included in Appendix which is attached to this document. Goal 6: Air. Water and Land Resources Quality: The proposed text amendments do not propose changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. 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. 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: 247-22-000671-TA Page 9 of 43 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. 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. 247-22-000671 JA Page 10 of 43 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 of a lot or parcel within a rural residential exception area to construct one accessory dwelling unit (ADU) subject to certain restrictions and limitations. 247-22-000671-TA Page 11 of 43 Appendix A: ESEE Analysis Document to File No. 247-22-000671-TA 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. Dcsciiaita9...aa r..o%.inty GW"a S . .wb. -am 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. The content of the ESEE is discretionary and is intended to be conducted by planning staff using existing information. An ESEE is not meant to focus exclusively on environmental impacts such as an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). Additionally, Goal 5 explains "the ESEE analysis need not be lengthy or complex, but should enable reviewers to gain a clear understanding of the conflicts and the consequences to be expected."9 In utilizing this analytical tool, there are a few steps jurisdictions must include and address in accordance with OAR 660-023 - Procedures and Requirements for Complying with Goal 5: 1. Identify Conflicting Uses -Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? A response to each of these steps is included throughout this report. The relevant page and chapter can be found in the table of contents. 9 OAR 660-023-0040(1) 247-22-000671 JA Page 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 MUM 0 split zoned properties will be required to contain the minimum lot or parcel area to qualify for an ADU. 247-22-000671 JA 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 MUA-10 and RR-10 zones in the WA Combining Zone. ADUs could be a conflicting use to significant Goal 5 resources as they generate vehicle trips, buildable footprints, and noise. Other uses that are allowed in the two zones are shown below. Table 3: Allowed Uses Zoning Outright Uses Conditional Uses Public use Semipublic use Dude ranch Kennel and/or veterinary clinic Guest house Manufactured home as a secondary accessory farm dwelling Exploration for minerals Private parks Agricultural uses Personal use airstrip Single family dwelling or Golf course manufactured home Type 2 or 3 Home occupation Harvesting a forest product Destination resorts Class I and II road or street projects Planned developments subject to land division standards Cluster developments MUA-10 Class 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 Zone naar hAigratinn neer. Winter FIIf 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 5. The analyses of the ESEE consequences shall be adopted either as part of the plan or as a land use regulation. Background Deschutes County is choosing to conduct a single analysis for all resource sites as the impacts from ADUs could have very similar impacts to both riparian areas and fish and wildlife that depend on the riparian for their habitat, and for big game including deer and elk. As described above, the potential impacts fall into four general areas: Noise and Light ADUs as a secondary dwelling may distress inventoried wildlife, as they seek to avoid noise and light. • Habitat Removal ADUs would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. Introduction of Invasive, Nonnative Plants ADUs may the spread of invasive, nonnative plants which could replace and degrade native vegetation of which many species depend. • Habitat Fragmentation Additional human development may result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. 247-22-000671-TA Page 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_0+1 important when compared to narh nthor, nnri tho I Ica chnl Ilr4 ho nI1n%A1nrl Mith limitntinnc to VV111 IIIIpVI IQIII VVIICII l.olllV IGLU 111 _G 11 VLlll.l, ullu Lll� u.J\. .Jlly U- — U11— u VVIu1 11111-U 1- w balance the impacts to the inventory site(s). Accessory Dwelling Unit ESEE Analysis Scenario (A) Allow the Conflicting Use In this scenario, Deschutes County would allow ADUs in MUA-10 and RR-10 zones without any additional requirements to protect the inventoried resources. Economic Consequences: Permitting ADUs would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing ADUs, which are limited to 900- square-feet of useable floor area and cannot be used as vacation rentals, could help address work force housing shortages in the region. It could reduce commuting costs for those workers that live in adjoining Crook, Jefferson and Klamath counties, and coupled with other work force housing strategies, attract businesses and employment opportunities in Central Oregon. Allowing ADUs could also have negative consequences. The development of ADUs in MUA-10 and RR-10 zones could significantly increase land value, which could price out low and middle -income residents from the opportunity to own a home. Previous testimony from ODFW estimates that hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy annually. Deschutes County is proposing to allow ADUs in some areas that contain riparian areas 247-22-000671-TA Page 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 r.�ir.� ... t.... rr�rt-�rrlinrt fhn Incc of fich -�nr) �niili-Ilifn kakifaf-Ain +n the r on's r pid coi i it iuc o expr ess cancer ns i c6gai un ig a is ivaa o f iS) � ai nu vvnun a Ii ia�.ntat uuc to a is i egI i 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 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 I-1a(Jlldl d(lU SCf 151tIVe 61(U aU IVldl 1111 IdI fldlJlldl I IdVe JIIC JpeUl Il, I egl.11l el I lel IlJ 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 SIB 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 LB) Prohibit the Conflicting Use In this scenario, Deschutes County would not allow ADUs in the MUA-10 and RR-10 zones associated with the WA Combining Zone and Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Economic Consequences: Prohibiting ADUs could have negative economic consequences, as it prevents certain property owners from using their land and building a secondary dwelling unit. This could contribute to work force housing deficiencies in the region and compel residents to commute from adjoining areas in Crook, Jefferson, and Klamath counties. It could also have neutral consequences based on previous testimony from ODFW. Prohibiting ADUs could contribute to stabilizing mule deer populations, thereby maintaining economic benefits from wildlife viewing or hunting. Wildlife viewing, hunting, and fishing experiences in Deschutes County is a major economic asset to the region. Continuing with the current regulations could minimize further habitat fragmentation and help maintain wildlife viewing, hunting, and fishing revenues in Deschutes County. Social Consequences: Prohibiting ADUs could have negative consequences. Many residents and multi -generational families in Deschutes County need affordable housing and are rent -burdened. Limiting the potential supply of ADUs could exacerbate Central Oregon's housing crisis by forcing some residents to pay higher rents, commute longer distances for basic services, or relocate. Those circumstances could lI., .J f.. F..r1-k— m nF -�nA nh,irir-�� cfrn ead to IU1 a ici i i lei Mall all iu Ni iysic-aa! au It could also have positive consequences. Many residents express their appreciation for undisturbed landscapes because they contribute to Deschutes County's rural character and quality of life. Prohibiting ADUs, which generate noise and light would continue to limit disturbance to existing fish and wildlife habitats. Environmental Consequences: There are 386 RR-10 tax lots, two acres or greater that abut the Little Deschutes River or Deschutes River and 505 tax lots that are split -zoned RR-10 or MUA-10 with Flood Plain. These properties contain a Goal 5 Riparian Area which is also the habitat for Goal 5 inventoried waterfowl, upland game bird, furbearers, and fish. The WA Combining Zone contains Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. By prohibiting ADUs and maintaining the status quo, these species will continue to be protected against habitat fragmentation and distress from second dwellings. The environmental consequences are therefore neutral. Energy Consequences: Energy consumption would have neutral consequences as this scenario maintains the status quo. Development associated with ADUs may be displaced to other areas of rural Deschutes County, which could still have demands on utilities. 247-22-000671-TA Page 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 11st Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting ADUs could have positive consequences by allowing property owners with an existing single family dwelling to build an ADU that accommodates aging parents or family members, farm help for those that are working on MUA-10 zoned agricultural properties or nearby Exclusive Farm Use zoned properties. By providing affordable housing, it could help lift people out of poverty and increase economic mobility. It could bring a positive impact on the surrounding community, encouraging social connections and lowering crime rates. Adding a limitation requiring the entire ADU to be within a 100 feet of the existing dwelling (or others), could establish a negative consequence of ADUs in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to higher automobile -dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts due to the potential loss of wildlife habitat stemming from the possible removal of habitat areas and construction of structures and their associated human presence. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have 247-22-000671-TA Page 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. By limiting lg the entire ADU vv ithin a 1 vv feet of the exi�iting dvveiiing, tI ie I I negative8 envir onmen to 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 JA 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 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 Fish Habitat removal activities Nos. 88-030, 88-031, 89-009). Ordinance Nos. (Inventory —Ord. within the bed and 86-018, 86-053, No. 92-041, page Yes banks of streams or Others include: fill and removal 86-054, 86-056, creeks, rivers wetlands, permits, wetland removal 88-030, 88-031, an and lakes) hydroelectric, rural regulations, hydro prohibitions, 89-009, 92-040, residential rimrock setbacks, 100' setback 92-041 development and from OHW, conservation water regulation easements and restrictions on 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, 92-04, 0, 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 1t 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 i 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 To achieve the goal to conserve development antelope habitat, uses conflicting Antelope Habitat activities which would with antelope habitat are limited to (Inventory — Ord. result in the loss of the Wildlife Area Combining Zone. Ordinance Nos. No. 92-041— page No habitat, and animal In antelope range, the minimum lot 92-040, 92-041, 38; identified by harassment and size is 320 acres. Except for rural 92-042, 92-046 ODFW) disturbance service centers, the antelope associated with habitat is zoned EFU or F1. human activity. Nest sites are found in Forest, EFU and Open Habitat for Space and Sensitive Birds Conservation zones. Uses that could (Inventory -Ord. conflict with the No. 92-041 - page habitat site are 41 and Table 5; surface mining, identified by ODFOregon residential use, The Sensitive Bird and Mammal Ordinance Nos. Oregon No recreation facilities, Combining Zone achieves the goal 92-040, 92-041, NatuODF,ral al H 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. 14Site 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 (Inventor Ord. Inventory r�4inri kn /nrdi-ce Nos. � 88-03n 88-03 ., .,, No. 92-041— page 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 92-042- 92-045, 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 wheneveragricultural 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 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. conflicting uses with upland bird habitat. Habitat areas for Upland Game Bird Habitat, adopted in No. 92-041 is repealed and replaced and further amended in Exhibit 4 with the ESEE Analysis and inventory for upland game bird habitat. Conflicts with sage grouse are reduced by the limitations on uses UPDATE - Inventory in the EFU and Floodplain zone, by Ordinance Nos. - Ord. No. 94-004 - Yes See above. the 320 acre minimum lot size and 94-004 and 94- pages 156-201. predominance of BLM lands. 021 Note: conflicts with sage grouse are limited by EFU zoning with a 320 acre minimum parcel size. Sensitive Bird and Mammal Combining Zone pertaining to sage grouse and leks have been repealed due to LCDC enacted rules in OAR 660, Division 23. 247-22-000671 JA Page 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, 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 s 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 development in habitat (Ordinance Nos. 88-030, 88- Wetlands and wetlands or riparian 031, 89-009). Ordinance Nos. Riparian Areas areas would reduce 86-018, 86-054, (Inventory — Ord. Yes the habitat and the Others include: fill and removal 86-0, 88-030, No. 92-041—page use of the structure permits, wetland removal 88-031, 89-009, identified on could cause conflicts regulations, hydro prohibitions, 92-0492-041, USFWS NWI) such as harassment or 100' setback from OHW, 92 045 disturbance or wildlife conservation easements, dependent on the restrictions on boats and docks, habitat. Cutting of and landscape management. riparian vegetation can remove important shade for streams, eliminate habitat for various waterfowl, furbearers, and nongame bird species, and can increase the potential for erosion or bank instability in riparian areas. 247-22-000671-TA Page 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 causepollution analysis adopted by Ordinance No. inventory —Ord. 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 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 Deschutes River. be created, with the exception of Paulina Creek, Fall including boat landing Tumalo Creek, are already divided River, Indian Ford areas, formal and into lots considerably smaller than informal trails, and 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 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. Draining wetlands for Wetland Habitat: Ordinance Nos. No. 94-007, 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 • IOU' setback from OH 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 within 660' of OHW development within permits, wetland removal 86-0 86-053, 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 No. ge a decrease in the Title 18,48, Open Space Ordinance No. 10;, inclExhudes 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: 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 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 i. w Iflllllllllllll :01 Legend Wildlife Area - Elk Range Exception Area Taxlots Meeting Criteria Flood Plain Wetland November 4, 2022 \31 ES COG�a BOARD OF COMMISSIONERS MEETING DATE: October 18, 2023 SUBJECT: Public Health Advisory Board By -Laws Update RECOMMENDED MOTION: Move approval of the updates made to the Public Health Advisory Board By -Laws. BACKGROUND AND POLICY IMPLICATIONS: The Public Health Advisory Board (PHAB) periodically updates its By -Laws to better serve Deschutes County Public Health and the Deschutes County Board of County Commissioners. These updates enhance strategic and operational functions to make PHAB more effective in improving the health of Deschutes County residents. The majority of substantive updates recommended to the By -Laws occur in Article III, Responsibilities, with mnctl\i arammatiral iinriatPc mariP in the rPmainriPr of the rinriimPnt ThP iindAtP,; have been reviewed and approved by Public Health leadership as well as County Legal. During this meeting, PHAB leadership will provide an update on the current status of the advisory board and present the recommended updates to the By -Laws. BUDGET IMPACTS: None ATTENDANCE: Tom Kuhn, Manager, Health Services Rob Ross, MD, PHAB Chair Colleen Sinsky, PHAB Vice -Chair Mission Statement: To promote and protect the health and safety of our community. BY-LAWS Article I NAME AND ADDRESS The name of this body shall be the Deschute. RoardPHAB"). The permanent address for t 97701. The BE)afdPHAB shall carry out its Public Health Advisory Board ("the will be 2577.NE Courtney Drive, Bend, Oregon )ilities consistent with ORS 431.447, The n bli Health Advisory ry Bear PHAB is established to enhance community relations with Deschutes County HealthServices (DCHS), to increase public knowledge about public health issues and to assist in the betterment of services provided by DCHS. The RpardPHAB also advises the Board of County Commissioners concerning matters of public health and the operation of the public health system. Article III RESPONSIBILITIES T ie-4o PHAB's responsibilities include providing advice, leadership and guidance in support of the DCHS's Public Health mission. T'nr afdPHAB shall: Page l Advisory Board By -Laws 05/22/2017 Commented [TKI]: Repetitive, this is covered more specifically. in the following. Formatted: No bullets or numberinq A. C-B. Work cooperatively with the Behavioral Health Advisory Board and other DCHS advisory groups to promote service integration, Department benefit and accountability as well as operational efficiency and effectiveness. D C. Promote the public health programs, services, and educational opportunities provided by DCHS within the community. D. _Participate in developing and e sponsored by DCHS, including health development, and strategic planning;. F713. Assist DCHS in fulfilling the r Public Health Accreditation Board AC CIF. Recommend advocacy p essential public health functions G. Monitor health status indicators that will I:I Legislature. g the priorities and services provided or nent review, health improvement plan nents necessary to be designated as a National d Health Department (http://www.phaboard.org/) he resources necessary to assure the provision of les, but is not limited to supporting Public Health ;ounty annual budget process. ) to identify and solve community health problems can be recommended to the BOCC and DCHS in the community in order to be relevant, timelv, 1 Provide relevant information and when appropriate, recommendations to the Board of County Commissioners through presentations and informational letters, 2 Advocate on legislation that may impact public health, 3 Write letters of support for vetted grant applications and programs that will positively impact public health. 4 Respond with appropriate action on information and requests presented to PHAB by persons who are well informed on public health matters, including those brought by PHAB Members. 5 Support and amplify public awareness campaigns from DCHS when requested Page 2 Advisory Board By -Laws 05/22/2017 •---- �___-- Formatted: List Paragraph, No bullets or numbering 6. Support interagency efforts related to public health promotion. 7. Other tasks as requested by the BOCC and DOHS. I-K. Article IV MEETINGS Section I. Regular Meetings: Bea IPHAB meetings will be held, at least, once per calendar quarter. The Boar dPHAB Chairperson, in consultation with ;the BoarIPHAB Coordinator, may call other meetings as necessary. Meetings will be held virtually or in a conference room accessible to BeardPHAB members and the general public. Section II. Special Meetings or Work Sessions: Special meetings and work sessions may be called by the BoardPHAB Chairperson. Public law requires that members of the BearaPHAB and the press receive written notice at least 24 hours prior to holding such a meeting. From time to time, the BearPHAB may meet in Executive Session upon motion by any member of the -Bea PHAB. When an Executive Session is called, all non-PHAB Members will be excused. Section III Quorum: Page 3 Advisory Board By -Laws 05/22/2017 Commented [TK5]: we Are using a new process to determine priorities in order to. be more nimble Commented iTK6]: Moved above. Commented [TK7]: This does not seem to be in PHAB's scope. Commented [TKS]: Moved above. Commented [TK9]: Moved above A majority of the beardPHAB members, including those in actual attendance as well as those attending by proxy, shall constitute a quorum necessary for the transaction of any and all business of the BeardPHAB. Section IV Minutes: T4w-&& r IPHAB shall cause minutes of all meetings to be prepared and approved in accordance with Oregon Public Meetings law. Health Services Department staff shall prepare, maintain and have available minutes of the PHAB meetings, including, without limitation, a recording of all motions and subsequent actions. Announced conflicts of interest shall be noted. Section V. Voting: Each Bea PHAB member shall have one vote. Any matter coming before the beardPHAB shall be decided through voting by a majority of members, either physically present, through virtual platforms, or by proxy,, and voting. The Chairperson— shall —refrain from veting eikEept to break; a tie. While personal attendance is always preferred, each member is entitled to one vote. Members must declare conflict of interest as determined by the membership. Proxy voting is permitted upon any issue Members who are phys -present are addition to their own vote. Members who BeardPHAB Coordinator, or- the-B-oa P to the meeting. Such votes will be docun meeting for which is was noticed, then al. vhich has been included in the notice of the meeting. mited to not more than one absent member's proxy, in :hoose to vote by proxy shall notify the- BeardPHAB chair, lAB member to whom the proxy is assigned via email prior °nted in meeting minutes. If the matter is not voted on at the proxies for such matter shall be deemed to have expired. Notiee will be provided for- other members efthe publio who have requested in wFiting that they be given copies ofthe official n_ee±ing netioes—Unless in Executive Session, all meetings are public and will offer opportunities for public comment (at discretion of BeardPHAB Chair) and listening to BR-ardPHAB deliberations. Article V Page 4 Advisory Board By -Laws 05/22/2017 MEMBERSHIP Section I. Qualifications & Representation: The membership of the Beaf PHAB shall provide a balanced representation of the geographic and social diversity of the County and shall be comprised of lay citizens, health professionals, and others with a sincere interest in advocating for a strong public health system. The RPHAB shall be composed of at least nine (9) and not more than fifteen (15) individuals. These persons shall be qualified by interest, training, or experience to review, n4-make recommendations, and provide guidance for a strong local Public Health system in Deschutes County. 4ie eyelopffwn' aad The membership should attempt to reflect the varying age, race, gender, identity, ethnic, socioeconomic, geographic, and professional interests in the County..Members shall serve without remuneration. Section II. Nominations: T —Beare PHAB shall make nominations for membership on the BE)ardPHAB to the Deschutes County Board of Commissioners for approval and appointment Section III. Ex-Officio Members: In addition to the appointed- Bear-dPHAB members, the Deschutes County Board of Commissioners shall appoint, from among themselves, one member to serve as liaison to the BeardPHAB who is expected but not required to attend at least two (2) Bear #PHAB meetings each calendar year. Additionally, the Public Health Director of the Health Services Department and the County Health Officer will be Ex-officio members of the BeardPHAB. Ex-officio members do not have voting rights. The Boaf dPHAB may appoint other Ex-officio members as appropriate. Section IV. Attendance: BeardPHAB members shall endeavor to attend all meetings in person. Three (3) consecutive unexcused absences shall constitute grounds for -removal. Section V. Removal: Any member may be removed whenever the best interests of the Health C@^^^@s Dapai' •CHS or the-B-o r PHAB will beis not served. Grounds for removal from the--B—o dPHAB include without limitation, taking a position that is in conflict with the mission of the BeardPHAB and/or DCHS and having three (3) consecutive absences from BeardPHAB meetings without prior notification to the BeardPHAB Chair. The member whose removal is placed in issue shall be given prior notice of his/her proposed removal and a reasonable opportunity to appear and be heard at a meeting of the BeardPHAB. A member may Page 5 Advisory Board By -Laws 05/22/2017 be removed pursuant to this section by not less than two-thirds (%) of the total number of members then serving on the-Bem PHAB, or by majority vote of the Board of County Commissioners. Article VI TERMS OF OFFICE AND VACANCIES Section I. Term and Length of Service: BeardPHAB members shall serve staggered terms of office and be assigned a position number with expiration date to assure even rotation. A full term is three (3) Years. The Founding BeardPHAB will be assigned initial terms of 1, 2, or 3 years by the Board of County Commissioners in order to initiate staggered rotation. After a Founding member finishes his or her initial term, they may apply for nomination -for a second term. A member appointed to serve the unexpired term of another member shall begin their membership on the first day of the month immediately following the date it is approved. Regular terms shall begin and expire on September I. A_member may not initiate a new term on the beardPHAB if the member has already served for S-lyears or more. Section II. Vacancies: A vacancy occurs when a BoafdPHAB member's term expires, or when a Bear- PHAB member moves out of the service area, dies, resigns, or is removed from the I eafdPHAB. When a vacancy occurs off the Board, the nominating eefamitt @ shall seleet a replaeoment to eemplete the tmexpire44ermPHAB nd'appointment ef sueh replaeefnei4 of an identified Board of County Commissioners. Article VI OFFICERS Tie4noar PHAB shall elect a Chairperson and vice-C liairperson cacti to serve a two-year term wnlcn can be renewed for a third year upon the consent of theBeardPHAB and acceptance of the nominee. In Addition, The Vice -Chairperson shall be eligible for election to the Chair after Chairperson's term ends or they resign. If no other candidates come forward expressing interest in the Chair position, the Vice -Chair may become Chair upon the consent of t-h®—Boar-dPHAB. In the event of a Chair resignation, the Vice -Chair may assume the Chair position upon consent of the Bear t PHAB, and finish the resigning Chair's term of office or request a full two year term. Section II. Elections: Elections of new officers shall take place prior to the end of the calendar year with the new term beginning at the BeardPHAB's first regular meeting in January. Terns will begin and end January 1, unless the election took place after such date, in which case the term will begin immediately or when Page 6 Advisory Board By -Laws 05/22/2017 feasible. In the event that nominations for Officer positions are not received by the scheduled election, a six (6) month extension will be offered to the current officer. In the event that only one nominee is available for an Officer position, the-BeardPHAB may elect that nominee through consensus. Section III. Duties: Duties of the officers are as follows: 1. �hairpersm: a. Shall prepare the agenda with the assistance of Ilie-BeardPHAB Coordinator. b. Shall conduct the meeting in accordance with parliamentary procedure and comply with C. may cau special inectmgs ab atv itoucaeaAy.. d. Shall serve as an Ex-Officio member of all committees; 2. Vice -Chairperson: a. Shall assist the Chairperson as needed:' b. Shall serve as Chairperson during such time as the Chairperson is absent or unable to serve. Section I. The -dPHAB shall Membership may inch of the4�oar4PHAB. 9 VIII 1. V 1Y11V111 1 L,1;J littees: standing committees and their membership at its discretion. 4PHAB members, staff, and other community members at the discretion Section II. Executive Committee The Executive Committee shall be comprised of the Chairperson, Vice -Chairperson, and the BeardPHAB Coordinator. and . The Executive Committee shall have the authority to act on behalf of the entire B&WPHAB for matters of routine business, but shall report to the entire BeafdPHAB its actions as reflected in carefully maintained minutes. The Health Services BeardPHAB Coordinator shall be a non -voting member of the Executive Committee. Section III. Ad Hoe SubEcommittees Ad Hoo SubGcommittees may be established by *"�^aMPHAB as needed and may consist of additional individuals from the community chosen for their expertise and knowledge and concern about a specific issue or a field of endeavor. Once as Ad Hee SubGcommittee has completed all assigned tasks and reported same to the BeardPHAB, it shall expire. Section IV. Public Meetings: Page 7 Advisory Board By -Laws 05/22/2017 Commented [TK10]: ROB.& COLLEEN -should we add '.) anything here? All Committee meetings shall be open to the public.. Article IX CONFLICT OF INTEREST No Bear-dPHAB member shall be an employee of Deschutes County Health Services DepaAmen Public Health or an immediate family member of an employee. An exception is allowed for individuals who serve in an on -call, temporary, or limited duration capacity with DCHS. Article X PARLIAMENTARY AUTHORITY Meetings shall be conducted using the general guidelines of Robert's Rules of Order. Article XI By -Laws. After BeardPHAB approval, the By -Laws shal Commissioners for final approval and formal adoption. Page 8 Advisory Board By -Laws 05/22/2017 approval and adoption of these vered to the Board of County vT E S Co o MEETING DATE: BOARD OF COMMISSIONERS October 18, 2023 SUBJECT: Deschutes County Employee Benefits Renewal for the 2024 Plan Year RECOMMENDED MOTIONS: 1. Move to approve renewing with Sunlife, the current Stop Loss provider, and deductible limits for the 2024 plan year. 2. Move to approve renewing with PacificSource, the current Third Party Administrator, for the 2024 plan year. 3. Move to approve the staff -recommended Employee Benefit Plan changes #1-10. 4. Approve County Administrator signature of the final Deschutes County Employee Benefits Health Plan documents and service agreements for the 2024 plan year. BACIEGRO�i ikin AND POLICY IRAPI irnT1nlV4Z- The Deschutes County Employee Health Benefits Plan is set to renew January 1 for the 2024 Plan Year. This annual renewal period requires the County to evaluate the health benefits plans and vendor contracts supporting the plans. Deschutes County has established the Deschutes County Group Health Plan (the "Plan") to provide health care coverage for eligible employees and their dependents. Deschutes County is the Plan sponsor. This Plan document contains both the written Plan document and the Summary Plan Description ("SPD") which will be administered by PacificSource, the Third Party Administrator, and will be effective on January 1, 2024. The attached memo and matrix provide additional detail on the recommended changes and proposed contract renewals. BUDGET IMPACTS: The proposed changes are anticipated to be within the currently approved Health Benefit Fund 650 budget for FY24 and will be included in the proposed budget for FY25. ATTENDANCE: Kathleen Hinman, Human Resources Director Trygve Bolken, Human Resources Analyst as subject matter support ES 4t HUMAN RESOURCE!; Date: October 18, 2023 To: Deschutes County Board of County Commissioners From: Trygve Bolken, HR Analyst Kathleen Hinman, HR Director Re: Deschutes County Employee Benefits Renewal for the 2024 Plan Year The Deschutes County Employee Benefits Plan is set to renew for the 2024 Plan Year. The following is a summary of program renewals and considerations for the period of January 1, 2024 - December 31, 2024. In preparation for the annual renewal period, staff meets with the County's legal team, benefit consultant, and Third Party Administrator (TPA) to review proposed changes to the plan. This includes an analysis of changes due to legislative requirements, industry standards, new offerings in the industry, benchmarking against comparable plans, cost impacts, and the impact on the health care needs of our employees and their dependents. It is the County's approach to consider changes that have proven effectiveness, are mandated by law, fiscally responsible, and competitive with benchmarking against other health plans. After review, staff develop recommended renewal changes, and present them to the County's Employee Benefits Advisory Committee (EBAC) for consideration. EBAC is comprised of representation of County management and represented staff. EBAC is responsible for meeting with HR staff, benefit consultants, and insurance representatives, to review possible options with regard to employee benefits. EBAC will make recommendations to the Board of County Commissioners regarding Health benefits. On Tuesday, September 27, EBAC voted 14 yes -1 abstain in support of the following proposed plan changes for the 2024 Plan Year: The summary of the health and benefit program renewal, including: • Employee Health Benefits Plan (Medical/DentalNision/Prescription Drugs) • Flexible Spending Accounts (FSA) Employee Assistance Program (EAP) Livongo Diabetic Management Program Life Insurance, Accidental Death & Dismemberment Insurance, and Long Term Disability 1300 NW Wall Street, Suite201 Bend, Oregon 97703 (541)388-6553 hr@deschutes.org www.deschutes.org Based on claims trends, proposed plan changes, and increases in the cost of healthcare, the overall combined annual employer costs are expected to rise approximately 5.1% or $1,588,608. This renewal recommendation includes retaining the same vendors, increasing the employee contribution rate, and includes the changes to the health plan design as recommended below. The following vendors and renewal rates are recommended: • Employee Health Benefits Plan ✓ Stop Loss Insurance Premium: Preliminary estimate is a 15% fee increase; $178,528 annual cost increase. Final renewal not to exceed this estimate. ✓ Includes TPA PacificSource Services Fee: 3.9% fee increase; estimated $23,938 annual cost increase. • Life and Disability Insurances with New York Life: No increase (rates guaranteed until 1 /1 /2025) • Employee Assistance Program with Canopy: 9.3% fee increase; estimated $3,062 annual cost increase. • Flexible Spending Accounts with PacificSource Administrators: No increase • Livongo Diabetic Management Program: No increase Stop Loss Coverage: The plan continues to see improved experienced related to high -cost claims subject to stop lost coverage. Staff worked with the benefit consultants to obtain competitive bids for coverage and reviewed adjusting the policy deductible. Preliminary bids show a maximum bid of 15% increase, staff expects final bids to come in lower. Staff recommends keeping current deductible levels as well. Third Party Administrator (TPA): Last year saw a 3.1 % rate increase for TPA services with our current vendor, PacificSource. This year, PacificSource has proposed a 3.9% rate increase for TPA services. ➢ Staff recommends and EBAC supports renewing with the current TPA vendor for the 2024 plan year. Employee Health Benefits Plan: This year continued to present challenges in forecasting claims costs due to delayed medical care and increased health care costs in general. In total, overall plan costs are on the rise and are estimated to increase by 5.1 % resulting in an anticipated $1,572,608 increase cost to the plan. This includes the increases associated with the Stop Loss and TPA services mentioned above. ➢ Staff recommends and EBAC supports the following Employee Benefit Plan changes, #1-10, for the 2024 plan year. 1. Confirm Change to National Provider Network from First Choice to Aetna. PacificSource has moved their entire book of business to the Aetna network for areas outside of the regional 4-state Navigator network. This allows for continued in -network coverage throughout the United States. The current plan amendment changing to Aetna expires 12/31/2023, plan change needed to incorporate the amendment. ➢ HR Staff recommends and EBAC supported making this change to the National Provider Network. There is no estimated impact to the cost of the plan. 1300 NW Wall Street, Suite201 Bend, Oregon 97703 (541) 388-6553 hr@deschutes.org www.deschutes.org 2. Language updates throughout the plan for new Aetna national network Plan language is updated to clearly define the benefits available and provide clarification language for services outside of the 4-state Navigator network. ➢ HR Staff recommends and EBAC supported making changes to the National Provider Network plan language. There is no estimated impact to the cost of the plan. 3. Change copay for first three visits per plan year to $5.00 each. The first three visits per plan year combined for Professional Services - Office visits, Telehealth visits, and Mental Health and Substance Use Disorder Services office visits will be $5.00 each. Subsequent visits will follow normal cost share. This is a State mandate under SB 1529 to reduce financial barriers in receiving routine medical care. ➢ HR Staff recommends and EBAC supported making this change to comply with SB 1529. The estimated cost impact to the plan is a savings of $150,000 annually. 4. Update plan language - Diagnostic Breast Examinations A mammogram, MRI, and ultrasound for a Diagnostic Breast Examination or Supplemental Breast Examination are paid at no cost share when provided by an In -network Provider. This is a State mandate under SB 1041. This expands preventative coverage beyond mammograms and now includes MR[ and ultrasounds for diagnostic and/or supplemental breast exams. ➢ HR Staff recommends and EBAC supported making this change to comply with SB 1041. There is no estimated impact to the cost of the plan. 5. Clarify and align plan language - Mental Health and Substance Use Disorders Amend plan language in all sections that cover Mental Health and Substance Use Disorders to clarify and align plan language with State legislation and guidance for mental and behavioral health benefits. This is State legislation under OAR 836-053-0012, Behavioral Health Parity rules, 2021 OR, Laws ch. 629 ➢ HR Staff recommends and EBAC supported making this change to comply with Durable medical Equipment rules. There is no estimated impact to the cost of the plan. 6. Update plan language -Pediatric Hearing Aids Amend plan language to include Pediatric Hearing Aid benefits under the Service/Supply section of the medical plan document. This is a State mandate under HB 2994B due to a requirement of no deductible cost share for hearing aid benefits for pediatric patients. ➢ HR Staff recommends and EBAC supported making this change to comply with Durable Medical Equipment rules. The estimated cost impact for this change is an annual increase of $16,000. 1300 NW Wall Street, Suite201 Bend, Oregon 97703 (541) 388-6553 �.''hr@deschutes.org '?,www.deschutes.org 7. Benefit Exclusions: Remove the plan exclusion for abortion services. PacificSource identifies this as a State mandated covered benefit and recommends removing the exclusion for these services to be in compliance. Deschutes Legal Counsel is of the opinion the abortion coverage may no longer be excluded from the health benefits plan due to HB 2002. ➢ HR Staff and EBAC supports removing the exclusion. The estimated cost impact for this change is an annual increase of $8,000 to $12,000. 8. Update plan language to align with current plan interpretation and TPA best practices. In partnership with our TPA, HR staff have made efforts to clarify plan language. Proposed changes are clarifications to the plan document and do not change benefit coverage. ➢ HR Staff recommended and EBAC supports making the corrections, clarifications and changes as described on the PacificSource Notice of Change PY24 sheet. 9. Establish a two-tier employee cost share structure and increase rates. Establish two tiers for employee cost share for 2024 plan year: • Employee (EE) Only - $95.00/month ($90/medical and $5/dental). • EE + Dependents - $116/month ($111 /medical and $5/dental). Aligns with the recent -29% increase to department charges effective 7/1 /2023. Employee rates have not increased in the past 10 years. ➢ HR Staff recommended and EBAC supports establishing two tiers with increased rates. Estimate $273,000 increase to revenue annually. 10. Continue Livongo Diabetic Management Program Davidson Benefits Planning provided a ROI update on the Livongo Diabetic Management Program. The analysis shows savings on claims for participants in the program with diabetes as a primary diagnosis. ➢ HR Staff recommended and EBAC supports continuing the pilot program for another year. Estimate cost of the program is $10,000 with an estimated claims cost savings of $31,000 ($21,000 net savings). 1300 NW Wall Street, Suite201 Bend, Oregon 97703 (541) 388-6553 hr@deschutes.org www.deschutes.org 1. Confirm change to National Provider Network from First Choice to Aetna Amendment #1— Medical Plans 2. Language updates throughout plan document — Aetna national network (Medical Document Wide) 3. Change copay for first three visits per Fr nn plan year to $5.vu each 4. Diagnostic and Therapeutic Radiology/Laboratory — Diagnostic Breast Examination 5. Mental Health and Substance Use Disorders (Inpatient and Outpatient Services) Changes to Deschutes County Employee Benefits Plan for 2024 Plan Year Adopt the temporary amendment language moving from First Choice to Aetna network outside of the Navigator (Oregon, Washington, Idaho, and Montana) coverage area. Staff supports this change. Adopt additional plan language regarding the new Aetna nation network. Staff supports this change. The first three visits per plan year combined for Professional Services — Office visits, T_I_L __ILL ....J nA....l..l t_1 ....I}I., ....,...I I eleheallll visits, and I meal Flealnl and Substance Use Disorder Services office visits will be $5.00 each. Subsequent visits will follow normal cost share. Staff supports this change. A mammogram, MRI, and ultrasound for a Diagnostic Breast Examination or Supplemental Breast Examination are paid at no cost share when provided by an In - network Provider. Staff supports this change. Amending plan language in all sections that cover Mental Health and Substance Use Disorders to clarify and align plan language with State legislation and guidance for mental and behavioral health benefits. Changes effective 1/1/2024 PacificSource has moved their entire book of business to the Aetna network for areas outside of the regional 4-state Navigator network. This allows for continued in -network coverage throughout the United States. Clearly define the benefits available and provide clarification language for services outside of the 4-state navigator network. Estimate +$150,000 (0.6%) annually. This is a State mandate under SB 1529 to ...J, F�.. ,, ,....i-.1 Imo., ,..-�... reduce llnancla1 val i lel s in receiving routine medical care. This is a State mandate under SB 1041. This expands preventative coverage beyond mammograms and now includes MRI and ultrasounds for diagnostic and/or supplemental breast exams. Estimate no cost to the plan. This is State legislation under OAR 836- 053-0012, Behavioral Health Parity rules, 2021 OR, Laws ch. 629. Estimate no cost to the plan. 6. Pediatric Hearing Aids (Service/Supply — Other Covered Servies) 7. Benefit Exclusions 8. Plan language updates (Medical and Dental Documents Wide) Pediatric hearing aids (ages 1.8 and younger or 19-25 if enrolled in secondary school or an accredited education institution) — limited to one hearing aid per ear every 24 months. The cost share is 20% for in -network and 40% for out -of -network. No deductible applies. Staff supports this change. Remove the plan exclusion for abortion services. Staff supports this change. PacificSource identifies this as a State mandated covered benefit and recommends removing the exclusion for these services to be in compliance. DC legal is of the opinion the abortion coverage may not be excluded from the upcoming health benefits plan year due to HB 2002. Language to be added or changed throughout the plan documents to clarify benefits, the administration of benefits, or to align with PacificSource core plan language. Staff supports this cha 9, Fmnlnyee cost shares I Establish two-tier cost share structure for and tiers. employees: • EE Only— $95/month • EE+Dependents - $116/month Staff supports this change. 10. Continue Livongo Benefits consultant has provided a review of Diabetic the pilot Livongo Diabetic Management Management Program and recommends continuation for Program another year. Staff supports. 11. Supplemental: Maintain current stop loss provider and Stop Loss Insurance deductible at $500,000 with Sun Life. Staff supports. This is a State mandate under HB 2994B due to requirement of no deductible cost share for the hearing aid benefits for pediatric patients. Estimate +$16,000 annually. Estimated +$8,000 to $12,000 cost to plan for abortion services. Current Plan Excludes: Abortion — services, supplies, care or treatment in connection with an abortion unless the life of the mother is endangered by the continued pregnancy or the pregnancy is the result of rape or incest. These changes are clarification and clean-up of plan language. Not a change to the benefit or coverage. Deschutes County Legal has reviewed the changes to assure no change to benefits. Aligns with the recent ^29% increase to department charges effective 7/1/2023. Employee rates have not increased in the past 10 years. Estimate +$273,00 increase to revenue annually. Estimate $10,000 annually. The estimated savings for those with diabetes as primary diagnosis is $31,000. Net savings of-$21,000. Not to exceed Preliminary estimate +$178,538 (15.8%) cost to the plan. County is waiting on bidders to provide final rates after they review September claims. MEETING DATE: BOARD OF COMMISSIONERS October 16, 2023 SUBJECT: FY 2024 Q2 Discretionary grant application review RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant Program and makes awards accordingly. On October 16th, the Board will consider requests made for activities to take place beginning or about the second quarter of 2023-24. BUDGET IIVI PA --re: Discretionary Grants are made available through the Video Lottery Fund, which is supported by state lottery proceeds. Discretionary Grant funds available during the second quarter were budgeted for FY 2023-24. ATTENDANCE: Stephanie Robinson, Administrative Analyst (Dear; Thank you for your stewardship of Oregon's water resources and your efforts to slow declining groundwater levels across the state. We appreciate the Department and the Commission's intent with the ongoing Groundwater Allocation rulemaking process. However, we firmly believe that to meaningfully slow the decline of groundwater levels in the Deschutes Basin, we need to adjust the department's current course and engage in a collaborative, regionally -specific approach that focuses on incentivized reduction in water consumption. The new rules being drafted by OW RD have set the agency on a collision course with other state agencies charged with advancing the Governor's housing production goals and with managing Oregon's land use planning system. They present challenges for many Oregon cities, including those in Central Oregon, because they will effectively prohibit the issuance of new groundwater permits. As drafted, these new rules could make it extremely difficult for incorporated cities to line up an adequate supply of water to match the required land supply. We appreciate the state's continued support for, and longstanding recognition of our basin's strong history of collaborative work to implement local solutions that have resulted in improved flows of water in the middle Deschutes River and provided a structured mitigation plan for groundwater access. The Oregon Legislature has -- on multiple occasions -- passed legislation to create, codify and renew the Deschutes Basin Mitigation and Conservation statutes. That long history of support has resulted in dramatically increased mid -Deschutes flows, restoration of critical areas including Whychus Creek, the ability to respond to federal ESA listings, and a twenty-five year collaborative effort to manage water in a responsible manner. As we move forward, we respectfully ask that you facilitate the same type of collaborative and regionally -specific work. OWRD staff have previously mentioned the possibility of a local planning process or designation of a critical groundwater area to address our unique needs and unique resource in the Deschutes Basin. We are ready to work with you to continue to ensure that key regional water users get the water they need and that existing water users are using groundwater as efficiently as possible. Please work with us, and other partners, to ensure that any rulemaking process accommodates our region's required future growth and the collaborative work that has been occurring here for more than 20 years. Thank you for your continued support and leadership. Commented [WH1]: Consensus is needed on who to address the letter to. The various drafts are addressed to the Governor, Oregon Water Resources Commissioners and Chair Ken Helm, Vice Chair Mark Owens and the House committee on Agriculture and Natural Resources. Based on that decision, additional alignment throughout this draft will be needed. Optional Items to Include / Requested Modifications We would like to ask that as the Water Resources Commission consider new policies that: 1) Provide special consideration and priority for incorporated cities for new groundwater allocations which can be paired with conservation and efficiency efforts. 2) Consider how to motivate and incentivize conservation and efficiency among current groundwater users 3) Provide technical and financial assistance for local planning processes or critical groundwater area designation processes. 4) Wells? 5) We firmly believe that cities' residential development needs should be prioritized over other applicants for new groundwater permits. We understand that this prioritization could be coupled with new requirements that cities continue to pursue current and new conservation and efficiency programs. Measure 110 BOCC Letter **STAFF DRAFT** - October 17, 2023 To: Central Oregon Legislators and Governor Purpose of the letter • Reform M 1110 Problems Trying to Solve 1. Majority of people receiving citations for drug possession are not enrolling in recovery services. 2. Increase in drug use in public. Ask — What Are We Advocating For? 1. Refer M 100 back to the voters — ask voters if they want to repeal M 110 (rescission). 2. Re -criminalize drug possession. Position of Others • Douglas County — letter to Governor and legislature advocating complete rescission of M 110. • Rick Treleaven — Guest Column, M 110 is the right tool for the fentanyl crisis; treatment providers need to adjust, be prepared to offer same -day access to medication -assisted treatment. • Jackson County — Board Order advocating that the state legislature repeal M 110.