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2025-143-Ordinance No. 2025-004 Recorded 5/13/2025REVIEW D LEGAL COUNSEL Recorded in Deschutes County ��ZQZ�a�� Ste,✓e Dennison, County Clerk Cominissioners' Journal 05/13/2025 10:45:07 AM ly 2025-143 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 16, Addresses and Road Names, Title 18, Zoning Ordinance, and Title 19, Bend Urban Area * ORDINANCE NO. 2025-004 Zoning Ordinance, to Allow Recreational Vehicles as Rental Dwellings and Declaring an Emergency. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-23-000700-TA) to the Deschutes County Code ("DCC"), Chapter 16.12 — Address Numbering, Chapter 18.32 — Multiple Use Agricultural Zone, Chapter 18.60 — Rural Residential Zone, Chapter 18.116 — Supplementary Provisions, Chapter 18.120 — Exceptions, Chapter 19.04 — Title, Compliance, Applicability and Definitions, 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; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on November 9, 2023 and issued a recommendation to the Deschutes County Board of County Commissioners ("Board"); and WHEREAS, the Board considered this matter after a duly noticed public hearing on May 8, 2024 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 16, 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDING. Deschutes County Code Chapter 16.12, Address Numbering, 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 stri'��r Section 2. AMENDING. Deschutes County Code Chapter 18.32, Multiple Use Agricultural 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 striket1wough. Section 3. AMENDING. Deschutes County Code Chapter 18.60, Rural Residential Zone, 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 stri'- -;gh. PAGE 1 OF 3 - ORDINANCE NO.2025-004 Section 4. AMENDING. Descbutes County Code Chapter 18.116, Supplementary Provisions, 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 � ��. Section 5. AMENDING. Deschutes County Code Chapter 18.120, Exceptions, 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 stfikethFaugh. Section 6. AMENDING. Deschutes County Code Chapter 19.04, Title, Compliance, Applicability and Definitions, 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 stFik�gh. Section 7. AMENDING. Deschutes County Code Chapter 19.12, Urban Area Reserve 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 strilrtethfough. Section 8. AMENDING. Deschutes County Code Chapter 19.20, Suburban Low Density Residential Zone, 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 stril-ems. Section 9. AMENDING. Deschutes County Code Chapter 19.22, Westside Transect Zone, 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 s1rilethrou-gh. Section 10. AMENDING. Deschutes County Code Chapter 19.76, Site Plan Review, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik�n Section 11. AMENDING. Deschutes County Code Chapter 19.92, Interpretations and Exceptions, 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 stfikethrough. Section 12. FINDINGS. The Board adopts as its findings Exhibit "L", attached and incorporated by reference herein. PAGE 2 OF 3 - ORDINANCE NO.2025-004 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 on its passage. Dated this of 2025 BOARD OF COUNTY COMMISSIONERS e OF DESCHUTES COUNTY, OREGON ,�d 90Q-�� A THONY DEBONE, Chair P TTI ADAIR, Vice Chair ATTEST: Recording Secretary PHILIP CHANG, qAmissioner Date of 1st Reading: F day of r 2025. f Date of 2°d Reading: ? day of 2025. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone Patti Adair Philip Chang _ Effective date: day of A , 2025. PAGE 3 OF 3 - ORDINANCE NO.2025-004 EXHIBIT A CHAPTER 16.12 ADDRESS NUMBERING 16.12.020 Procedures And Standards For Assigning New Address Numbers The procedures for assigning new address numbers are as follows: A. When a building permit is issued for a new dwelling unit or other structure on a lot or parcel that does not have an address, the Community Development Department shall assign an address number based on the street location of the structure's access and its location in the Deschutes County Grid System. B. A new dwelling unit or structure with its access point on a North/South road will be assigned an address number based on its relationship to the grid system and where the access meets the road. C. A new dwelling unit or structure with its access point on an East/West road will be assigned an address number based on its relationship to the grid system and where the access meets the road. D. A new dwelling unit or structure with access on a North/South road will have an even address number assigned to it if it is on the East side of the road, and an odd address number assigned to it if it is on the West side of the road. E. A new dwelling unit or structure with access on an East/West road will have an even address number assigned to it if it is on the North side of the road, and an odd address number assigned to it if it is on the South side of the road. F. The numbers assigned to new dwelling units or structures shall increase sequentially going North on a North/South road, and shall increase sequentially going East on an East/West road. G. New dwelling units or structures on cul-de-sacs shall be numbered in a consecutive alternating sequence with even and odd numbers, as illustrated in Appendix "B," attached hereto. H. New dwelling units or structures on circles or loops shall be numbered as illustrated in Appendix "C," attached hereto. I. Each new s;Ry—dwelling unit or recreational vehicle as rental dwelling shall have one address number. J. New duplexes,— or multi -unit dwellings t4pkxe n 9 - p1e es shall be given an address number for each living unit. K. New apaFt ient multi -unit complexes, mobile home parks and other multi -unit complexes shall be given an address number as one dwelling. The owner of each such multi -unit establishment shall assign unit address numbers in a manner that is acceptable to the Community Development Department. L. After the effective date of Ordinance 2011-009, for the areas served by Redmond Fire and Rescue: 1. A new dwelling unit or structure with access on an Fast/West road will have an odd number assigned to it on the North side of the road, and an even number assigned to it on the South side of the road, to the extent possible, consistent with existing addresses in the immediate area; and 2. The addresses shall increase going north of Antler Avenue and shall increase going south of Antler Avenue. 3. Numbers shall increase going east of 1st Street, and shall increase going west of 1st Street. HISTORY Adopted by Ord. 89-010 §1 on 1212011989 Amended by Ord. 2012-009 §2 on 51212012 Amended by Ord. 2025-004 §1 on 51712025 EXHIBIT B 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 -unit dwelling, or a manufactured dwelling subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. A historic accessory dwelling unit, subject to DCC 18.116.350. K. A residential accessory dwelling unit, subject to DCC 18.116.355. L. Residential home. M. A recreational vehicle as a rental dwelling, subject to DCC 18.116.095(D). HISTORY Adopted by Ord. PL_45 on 111111979 Amended by Ord. 91-002 §6 on 2/6/1991 Amended by Ord. 91-005 §18 on 31411991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §1 on 913011991 Amended by Ord. 93-001 §1 on 112711993 Amended by Ord. 93-043 §4 on 8/25/1993 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 9/3/2019 Adopted by Ord. 2023-01.4 §1 on 121112023 Amended by Ord. 2024-008 §4 on 101912024 Amended by Ord. 2025-002 §6 on 212612025 Amended by Ord. 2025-004 §2 on 51712025 EXHIBIT C 18.60.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright. A. A single -unit dwelling, or a manufactured dwelling subject to DCC 18.116.070. B. Utility facilities necessary to serve the area including energy facilities, water supply and treatment and sewage disposal and treatment. C. Community center, if shown and approved on the original plan or plat of the development. D. Agricultural use as defined in DCC Title 18. E. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. F. Class III road or street project. G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events. H. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to DCC 18.116.280. K. A historic home accessory dwelling unit, subject to DCC 18.116.350. L. A residential accessory dwelling unit, subject to DCC 18.116.355. M. Residential home. N. A recreational_ vehicle as rental dwelling, subject to 18.116.095 D HISTORY Adopted by Ord. PL-15 on 111111979 Amended by Ord. 91-005 §§30 & 31 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 93-043 §8 on 812511993 Amended by Ord. 94-008 §12 on 6/8/1994 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 9/3/2019 Recorded by Ord. 2019-009 §2 on 91312019 Adopted by Ord. 2023-014 §2 on 121112023 Adopted by Ord. 2024-008 §7 on 101912024 Amended by Ord. 2025-002 §12 on 212612025 Amended by Ord. 2025-004 §3 on 51712025 CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.095 Recreational Vehicle As A Temporary Dwelling On An Individual Lot Or Parcel A. A single recreational vehicle, as defined in DCC Title 18, maybe located on a lot or parcel in a manufactured dwelling park, manufactures dwelling subdivision, mobile home park or recreational vehicle park, consistent with ORS 197.493(1), provided that: 1. The recreational vehicle is occupied as a dwelling unit; and 2. The recreational vehicle is lawfully connected to water and electrical supply systems and a sewage disposal system. B. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling unit and not within in a manufactured dwelling park, mobile home park or recreational vehicle park and used as a temporary dwelling unit: 1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel. C. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel containing a manufactured dwelling or single -unit dwelling, where such dwelling is uninhabitable due to damages from natural disasters, including wildfires, earthquakes, flooding or storms, until no later than the date: 1. The single -unit dwelling or manufactured dwelling has been repaired or replaced and an occupancy permit has been issued; 2. The local government makes a determination that the owner of the single -unit dwelling or manufactured dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or 3. Twenty-four months after the date the single -unit dwelling or manufactured dwelling first became uninhabitable. D. In the RR-10 and MUA-10 Zones, a single recreational vehicle, as defined in DCC Title 18, may be established as a rental dwelling provided the following requirements are met: 1. Prior to locating any recreational vehicle as a rental dwelling on a lot or parcel, the property owner must obtain County siting approval for the area of the lot or parcel upon which the recreational vehicle will be located and demonstrate compliance with the followine standards: a. The subject lot or parcel contains a single -unit dwelling or manufactured dwelling that is occupied as the primary residence of the property owner; j. As used in this section, "siting approval" includes County approval and/or property owner application for review of the proposed area for a recreational vehicle as a rental dwelling; and ii. As used in this section, "primary residence" means a dwelling unit occupied by the property owner on a long-term or permanent basis. b. The lot area is at least two acres, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21S and 22S and Ranges 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres; c. There are no other dwelling units, guest houses, or occupied recreational vehicles on the lot or parcel and no portion of the single -unit dwelling or manufactured dwelling is rented for residential tenancy. This prohibition does not apply to a recreational vehicle under 18.116.095(C). d. The lot or parcel is not within an area designated as an urban reserve in the Deschutes County Comprehensive Plan; e. The recreational vehicle shall maintain a setback of at least 10 feet from any structure and must be located no farther than 100 feet from the single -unit dwelling. This distance shall be measured from the closest wall of the single -unit dwelling existing on May 7, 2025 to the closest wall of the recreational vehicle; f. The property owner will provide essential services to the recreational vehicle space including: i. Sewage disposal, listed frost protected water supply, electrical supply and if required by applicable law, any drainage system, all installed with permits and to applicable codes; and ii. Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant's health, safety or property or makes the rented space unfit for occupancy; g. At the time of application, the property owner must demonstrate an application has been made to the Onsite Wastewater Division for any necessary onsite wastewater disposal permits. h. At the time of application, a letter confirming that the supplier of water is "Willing and Able to Serve" the recreational vehicle shall be provided if the recreational vehicle is to be served by any water source other than an onsite domestic well. i. At the time of application, the property owner must demonstrate an application has been made to the Deschutes County Address Coordinator for an address for the recreational vehicle. a-j. The property owner shall provide a parking pad for the recreational vehicle with a surface material of compacted gravel with a minimum thickness of 4", concrete with a minimum thickness of 3.5", or asphalt with a minimum thickness of 3", k. If the recreational vehicle will be located within a structure the structure shall be entirely open on two or more sides; I. The property owner shall demonstrate compliance with one of the following defensible space requirements: i. The property owner shall maintain a 20-foot radius of non-combustible ground cover consisting of gravel, concrete, asphalt, grass mowed to less than four inches or a combination of these; or ii. Prior to the siting of a recreational vehicle on the property, the property owner 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 recreational vehicle on land that is owned or controlled by the owner. M. The property owner shall demonstrate compliance with one of the following emergency access requirements: i. Access to the recreational vehicle must be provided by 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; ii. The property owner shall provide written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the recreational vehicle meets minimum fire district requirements to provide emergency services to the property. n. Prior to siting any recreational vehicle as a rental dwelling, the property owner shall sign and record with the County Clerk a restrictive covenant stating a recreational vehicle allowed under DCC 18.118.095(D) cannot be used for vacation occupancy, as defined in DCC 18.116.095(D)(1)(n)(i) and consistent with ORS 90.100 or other short-term uses. i. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: 1. The occupant rents the unit for vacation purposes only, not as a principal residence; and 2. The occupant has a principal residence other than at the unit; and 3. The period of authorized occupancy does not exceed 45 days. o. For properties located in the Wildlife Area Combining Zone, a recreational vehicle approved under this section is subject to the dwelling siting standards of DCC 18.88.060(B); and p. For properties located in the Surface Mining Impact Area Combining Zone, a recreational vehicle approved under this section is subject to site plan approval pursuant to DCC 18.56. 2. Each recreational vehicle used as a rental dwelling must comply with the following standards: a. The recreational vehicle is subiect to a written residential rental agreement as defined in ORS 90.100(39); b. The recreational vehicle shall be owned or leased by the tenant; c. The recreational vehicle shall include an operable toilet and sink; d. The recreational vehicle has not been rendered structurally immobile; and e. The recreational vehicle shall be titled with a Department of Transportation. P-.E.AII necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. F. All required permits shall be obtained from the Deschutes County Onsite Wastewater c„ „„,enta! Wealth Division before disposing any wastewater or sewage on -site. F:G. A recreational vehicle allowed under this section used as a dwelling unit eF tempeFaFy dwell* shall meet the same setbacks required of a manufactured dwelling or single-family dwelling on the subject lot or parcel. Fr.H. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. Nd. As identified in this section, a &4%e-recreational vehicle located within a special flood hazard area is subject to the standards and criteria established by DCC 18.96. I:I1.1 to] :yI Amended by Ord. 91-038 §3 on 913011991 Amended by Ord. 95-075 §1 on 1112911995 Amended by Ord. 98-062 §1 on 121911998 Amended by Ord. 2007-019 §4 on 912812007 Amended by Ord. 2023-001 §16 on 513012023 Amended by Ord. 2025-002 §30 on 212612025 Amended by Ord. 2025-004 §4 on 51712025 *:/ MM CHAPTER 18.120 EXCEPTIONS 18.120.020 Nonconforming Lot Areas A. Any lot or parcel or portion thereof, which is to be dedicated to a public or other entity for a road, canal, railroad, utility or other public use shall be exempt from the minimum lot area requirements set forth by DCC Title 18. B. Whereas land sections in the County are affected by survey adjustments, minimum requirements relative to lot areas, where applicable, shall be considered as standard metes and bounds land section division, (i.e., 160 acres, 80 acres, 40 acres, 20 acres, etc.); lot areas, therefore, may be reasonably smaller than set forth by DCC Title 18 if a total section acreage reduction is due to a survey adjustment or other man made barriers over which the applicant has had no control. C. Any lot or parcel that is smaller than the minimum lot area required in any zone may be occupied by an allowed use in that zone provided that: 1. The lot or parcel is a lot of record, as defined in DCC 18.04.030, Lot of record. 2. The use conforms to all other requirements of that zone. 3. If there is a lot area deficiency, duplexes and multi -unit dwellings are prohibited. rooirdor i ofureshall he limited to a ciRglo_unit d w elliRg 4. All necessary permits are obtained. D. Lots or parcels within the Rural Residential Zone (RR-10) that are separated by an arterial right of way created after June 30, 1993, shall be exempt from the minimum lot area of 10 acres. Such lots or parcels may be partitioned only as separated by the right of way and shall not have a lot area less than one acre. HISTORY Adopted by Ord. PL-15 §6.020 on 111111979 Amended by Ord. 87-015 §§1 and 2 on 611011987 Amended by Ord. 93-034 §2 on 613011993 Amended by Ord. 2017-015 §2 on 111112017 Amended by Ord. 2025-002 §31 on 212612025 Amended by Ord. 2025-004 §5 on 51712025 EXHIBIT F CHAPTER 19.04 TITLE, COMPLIANCE APPLICABILITY AND DEFINITIONS 19.04.040 Definitions "Recreational vehicle" means a vehicle with or without motive power that is designed for human occupancy and as further defined, by rule, by the Director of Transportation, at OAR 735-022-0140. HISTORY Adopted by Ord. 80-217 §1 Exhibit A on 1211811980 Amended by Ord. 82-011 on 81911982 Amended by Ord. 83-041 §2 on 61111983 Amended by Ord. 86-032 §1 on 41211986 Amended by Ord. 86-033 §1 on 41211986 Amended by Ord. 86-017 §1 Exhibit a on 613011986 Amended by Ord. 86-055 §1 on 613011986 Amended by Ord. 86-058 §1 on 613011986 Amended by Ord. 88-042 §3 on 1211911988 Amended by Ord. 90-038 §1 on 101311990 Repealed & Reenacted by Ord. 90-007 §1 on 121711990 Amended by Ord. 91-001 §1 on 112811991 Amended by Ord. 91-029 §§1, 8, 9 and 10 on 81711991 Amended by Ord. 92-043 §1 on 512011992 Amended by Ord. 93-018 §1 on 511911993 Amended by Ord. 94-005 §§1 & 2 on 611511994 Amended by Ord. 95-045 §15 on 612811995 Amended by Ord. 96-071 §1D on 1213011996 Amended by Ord. 97-017 §1 on 311211997 Amended by Ord. 97-038 §1 on 812711997 Amended by Ord. 99-001 §§2-4 on 111311999 Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009 Amended by Ord. 2013-013 §1 on 712512013 Amended by Ord. 2014-016 §1 on 1212912014 Amended by Ord. 2016-016 §1 on 61112016 Amended by Ord. 2017-009 §7 on 712112017 Amended by Ord. 2020-001 §17 on 412112020 Amended by Ord. 2020-010 §8 on 71312020 Amended by Ord. 2021-009 §2 on 611812021 Amended by Ord. 2024-008 §17 on 101912024 Amended by Ord. 2025-002 §37 on 212612025 Amended by Ord. 2025-004 §6 on 51712025 EXHIBIT G 19.12.020 Permitted Uses The following uses are permitted: A. Farm uses as defined in DCC Title 19. B. A single -unit 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. A historic home accessory dwelling unit, subject to DCC 19.92.150. H. A residential accessory dwelling unit, subject to DCC 19.92.160. I. Residential home. J. A recreational vehicle as a_rental dwelling, subject to DCC 19.92.170.. HISTORY Adopted by Ord. PL-11 on 711111979 Amended by Ord. 88-04_..2 §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 121112023 Amended by Ord. 2024-008 §18 on 11712025 Amended by Ord. 2025-002 §39 on 212612025 Amended by Ord. 2025-004 §7 on 51712025 19.20.020 Permitted Uses. The following uses are permitted: A. A single -unit 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. A historic home accessory dwelling unit, subject to DCC 19.92.150. F. Child care facility and/or preschool G. A residential accessory dwelling unit, subject to DCC 19.92.160. H. Residential home. 1— A recreationalvehicle as a rental dwelling, subject to DCC 19.92.170. HISTORY Adopted by Ord. PL-11 on 711111979 Amended by Ord. 88-042 §6 on 1211911988 Repealed & Reenacted by Ord. 90-036 §1,2 on 101311990 Amended by Ord. 91-001 §4 on 112811991 Amended by Ord. 93-018 §3 on 5/19/1993 Repealed & Reenacted by Ord. 200_9-002 §1,2 on 211112009 Amended by Ord. 2019-009 §5 on 9/3/2019 Recorded by Ord. 2019-009 §5 on 9/3/2019 Amended by Ord. 2020-001 §20 on 412112020 Amended by Ord. 2020-010 §9 on 71312020 Amended by Ord. 2023-014. §6 on 121112023 Amended by Ord. 2024-008 §19 on 11712025 Amended by Ord. 2025-002 §41 on 212612025 Amen dedbyOrd. 2025-004 §8 on 5/7/2025 EXHIBIT I CHAPTER 19.22 WESTS I DDE TRAWSECT Z0NE9 WTZ 19.22.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. A single -unit dwelling. B. Home occupation subject to DCC 19.88.140. C. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. D. A residential accessory dwelling unit, subject to DCC 19.92.160. E. Residential home. F. A recr Tonal vehicle as rental dwelling, subject to DCC 19.92.170. iMIRMIiT:11'/ Adopted by Ord. 2019-001 §8 on 411612019 Amended by Ord. 2023-014 §7 on 121112023 Amended by Ord. 2024-008 §20 on 11712025 Amended by Ord. 2025-002 §42 on 212612025 Amended b -Ord. 2025-004 §9 on 517/2025. EXHIBIT J CHAPTER 19.76 SITE PLAN REVIEW 19.76.020 Site Plan Reauirements In all zones,—: A. , , or pareei,{l-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. A-. B. __ Single -unit dwellings, du lexes, multi -family dwellings, an accessory dwellin nit or a recreational vehicle as rental dwelling on one lot or parcel are not subject to the provisions of DCC 19.76. HISTORY Adopted by Ord. PL-11 on 711111979 Repealed & Reenacted by Ord. 90-038 §1 on 10/3/1990 Amended by Ord. 2023-014 §8 on 121112023 Amended by Ord. 20.25-002 §46 on 212612025 Amended by Ord. 2025-004 §10 on 51712025 �I NNIi:1 CHAPTER 19.92 INTERPRETATIONS AND EXCEPTIONS 19.92.170 Recreational Vehicles as Rental Dwellings In UAR-10, SR-2 Y2, And WTZ Zones 19.92.170 Recreational Vehicles as Rental Dwellings In UAR-10, SR-2 %, And WTZ Zones A. In the UAR-10, SR 2 %, and WTZ Zones, a single recreational vehicle as defined in DCC 19.04 may be established as a rental dwelling provided the following requirements are met: 1. Prior to locating any recreational vehicle as a rental dwelling on a lot or parcel the property owner must obtain County siting approval for the area of the lot or parcel upon which the recreational vehicle will be located and demonstrate compliance with the following standards: a. The subject lot or parcel contains a single -unit dwelling or manufactured dwelling that is occupied as the primary residence of the property owner; L As used in this section, "siting approval" includes County approval and/or property owner application for review of the proposed area for a recreational vehicle as a rental dwelling; and ii. As used in this section, "primary residence" means a dwelling occupied by the property owner on a long-term or permanent basis. b. The lot area is at least two acres, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S 20S 21S, and 22S and Ranges 9E, 10E and 11E. Within these exception areas the lot area is at least five acres; c. There are no other dwelling units, guest houses, or occupied recreational vehicles on the lot or parcel and no portion of the single -unit dwelling or manufactured dwelling is rented for residential tenancy; d. The lot or parcel is not within an area designated as an urban reserve in the Deschutes County Comprehensive Plan; e. The recreational vehicle shall maintain a setback of at least 10 feet from any structure and must be located no farther than 100 feet from the single -unit dwelling. This distance shall be measured from the closest wall of the single -unit dwelling existing on May 7, 2025 to the closest wall of the recreational vehicle; f. The property owner will provide essential services to the recreational vehicle space including: i. Sewage disposal, listed frost protected water supply, electrical supply and, if required by applicable law, any drainage system, all installed with permits and to applicable codes; and ii. Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant's health, safety or property or makes the rented space unfit for occupancy; g. At the time of application, the property owner must demonstrate an application has been made to the Onsite Wastewater Division for any necessary onsite wastewater disposal permits. h. At the time of application, a letter confirming that the supplier of water is "Willing and Able to Serve" the recreational vehicle shall be provided if the recreational vehicle is to be served by any water source other than an onsite domestic well. i. At the time of application, the property owner must demonstrate an application has been made to the Deschutes County Address Coordinator for an address for the recreational vehicle. j. The property owner shall provide a parking pad for the recreational vehicle with a surface material of compacted gravel with a minimum thickness of 4", concrete with a minimum thickness of 3.5", or asphalt with a minimum thickness of 3", k If the recreational vehicle will be located within a structure the structure shall be entirely open on two or more sides; I. The property owner shall demonstrate compliance with one of the following defensible space requirements: i. The property owner shall maintain a 20-foot radius of non-combustible ground cover consisting of gravel, concrete, asphalt, grass mowed to less than four inches, or a combination of these; or ii. Prior to the siting of a recreational vehicle on the property, the property owner 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 recreational vehicle on land that is owned or controlled by the owner. M. The property owner shall demonstrate compliance with one of the following emergency access requirements: i. Access to the recreational vehicle must be provided by 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; ii. The property owner shall provide written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the recreational vehicle meets minimum fire district requirements to provide emergency services to the property. n. Prior to County approval of a recreational vehicle as a rental dwelling, the property owner shall sign and record with the County Clerk a restrictive covenant stating a recreational vehicle unit allowed under DCC 19.92.170 cannot be used for vacation occupancy, as defined in DCC 19.92.170(A)(3)(a) and consistent with ORS 90.100 or other short-term uses. i. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: 1. The occupant rents the unit for vacation purposes only, not as a principal residence; and 2. The occupant has a principal residence other than at the unit; and 3. The period of authorized occupancy does not exceed 45 days. 2. Each recreational vehicle used as a rental dwelling must comply with the following standards: a. The recreational vehicle is subiect to a written residential rental agreement as defined in ORS 90.100(39); b. The recreational vehicle shall be owned or leased by the tenant; c. The recreational vehicle shall include an operable toilet and sink; d. The recreational vehicle has not been rendered structurally immobile; and e. The recreational vehicle shall be titled with a Department of Transportation. 3. All necessary permits shall be obtained from the Deschutes Countv Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. 4. All required permits shall be obtained from the Deschutes County Onsite Wastewater Division before disposing any wastewater or sewage on -site. S. A recreational vehicle shall meet the same setbacks required of a manufactured dwelling or single-family dwelling on the subject lot or parcel. 6. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. 7. As identified in this section, a recreational vehicle located within a special flood hazard area is subject to the standards and criteria established by DCC 19.72. HISTORY Adopted by Ord. 2025-004 §11 on 51712025 FINDINGS PROPOSAL This is a legislative text amendment to Deschutes County Code (DCC), Title 16, Address Numbering, Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance. The primary purpose of the amendments is to allow RVs as rental dwellings subject to certain criteria per the adoption of SB 1013. The proposal creates two new subsections (effectively the same but pertaining to different zones in Titles 18 and 19) that govern the criteria for RVs as rental dwellings. 11. BACKGROUND A. Senate Bill 1013 The Oregon Legislature adopted SB 1013 into law on July 23, 2023; the law becomes effective January 1, 2024. SB 1013 authorizes a county to allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement and additional criteria outlined below. SB 1013 does not obligate a county to allow RVs as rental dwellings. SB 1013 shares some criteria with recent rural ADU legislation in SB 391, such as the requirement to provide sewage disposal, and differs in other ways —for instance, no fire hardening requirements are written into SB 1013. Rural residential exception areas and their corresponding zones exist throughout Oregon. By definition, rural residential zones exist outside of urban growth boundaries (UGBs) but are excluded from the state's resource land (farm and forest zone) protections. With certain exceptions, those protections allow residential uses only in conjunction with a farm or forest use. However, in rural residential zones, a dwelling can be a primary use of the land. State law allows counties to permit an additional dwelling on a property containing a house built prior to 1945 and SB 391 more generally allows accessory dwelling units in rural residential areas. However, unlike in urban zones, rural residential zones do not have any other by -right accessory dwelling options, making inter - generational and alternative housing options difficult to achieve. SB 1013 only authorizes RVs as rental dwellings in "rural areas." For the purposes of SB 1013, a rural area has two definitions: either an area zoned for rural residential use as defined in ORS 215.501, or land that is within the urban growth boundary of a metropolitan service district, but not within the jurisdiction of any city, and zoned for residential use. Deschutes County's jurisdiction only includes lands outside of UGBs, so only the first component of the definition applies. 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 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 kti(541)388-6575 @cdd9deschutes.org 0www.deschutes.org/cd 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. Deschutes County Residential RV Amendments In addition to only applying to lands recognized as rural residential exception areas, SB 1013 also contains minimum criteria that must be met for a lot or parcel to qualify for an RV residential dwelling. As noted above, SB 1013 shares some similarities with SB 391, which allows for rural accessory dwelling units. In certain cases, the proposed amendments echo components of the zoning code developed in Deschutes County for rural ADUs. Lastly, the proposed amendments also contain additional criteria not included in SB 1013, for reasons of safety as well as compatibility. Table 1 provides a summary of each provision of the amendments that are required by SB 1013. Table 1 — SB 1013 Requirements Topic SB 1013 Requirements Comment SB 1013 Section 2(2)(b) requires one single- DCC 18.116.095(D)(1)(a) and DCC Single Family Dwelling unit dwelling that is occupied as the primary 19.92.170(A)(1)(a) are consistent with residence to be located on the lot or parcel. SB 1013. SB 1013 Section 2(2)(a) requires that the lot DCC 18.116.095(D)(1)(d) and DCC Urban Reserve Area or parcel is not located within an area 19.92.170(A)(1)(d) are consistent with designated as an urban reserve as defined in SB 1013.' ORS 195.137, DCC 18.116.095(D)(1)(n) and DCC SB 1013 Section 2(2)(d) prevents an RV 19.92.170(A)(1)(n) are consistent with Vacation Occupancy allowed in this law from being used for SB 1013. vacation occupancy as defined in ORS 90.100 or other short-term uses. Both require a restrictive covenant be recorded to ensure compliance. SB 1013 Section 2(2)(c) requires that there DCC 18.116.095(D)(1)(c) and DCC Other Dwelling Units are no other dwelling units on the property 19.92.170(A)(1)(c) are consistent with and no portion of the single-family dwelling is SB 1013.` rented as a residential tenancy. DCC 18.116.095(D)(2)(b) and DCC SB 1013 Section 2(2)(e) requires the RV to be 19.92.170(A)(2)(b) are consistent with RV Ownership owned or leased by the tenant. SB 1013. The RV may either be owned by the tenant or leased by the tenant from the property owner. SB 1013 Section 2(2)(f) requires that the DCC 18.116.095(D)(1)(f) and DCC property owner provides essential services to 19,92.170(A)(1)(f) are consistent with the RV space, as defined in ORS 90.100(13)(b). SB 1013. Essential Services ORS 90.100(13)(b) defines "essential services" In addition, these sections require the as: "For a tenancy consisting of rental space for a water supply to be frost protected and manufactured dwelling, floating home or for a "Will Serve" letter to be provided recreational vehicle owned by the tenant or if the recreational vehicle is to be Exhibit L to Ord. No. 2025-004 Page 2 of 39 Topic SB 1013 Requirements Comment that is otherwise subject to ORS 90.505 served by any water source other than ' (Definitions for ORS 90.505 to an onsite domestic well 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility): (A) Sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system; and (B) Any other service or habitability obligation imposed by the rental agreement or ORS;' 90.730 (Landlord duty to maintainrented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant's health, safety or property or makes the rented space unfit for occupancy." DCC 18.116.095(D) and DCC 19.92.170(A) contain the following appearance, repair, inspection, or siting standards developed at the local level: DCC 18.116.095(D)(1)(b) and DCC 19.92.170(A)(1)(b) require the lot area to be at least two acres in size in most areas, and 5 acres or more in specified areas of South County due to groundwater/septic concerns. DCC 18.116.095(D)(2)(c) and DCC 19.92.170(A)(2)(c) require that the SIB 1013 Section 2(3)(d) allows counties to recreational vehicle include an Reasonable appearance, require that the RV complies with any operable toilet and sink. repair, inspection, or reasonable appearance, repair, inspection, or siting standards siting standards adopted by the county. DCC 18.116.095(D)(1)(k) and DCC 19.92.170(A)(1)(k) require that if the recreational vehicle is located within a structure, the structure must be entirely open on two or more sides. DCC 18.116.095(D)(1)(e) and DCC 19.92.170(A)(1)(e) require that the recreational vehicle maintains a setback of at least 10 feet from any structure and must be located no farther than 100 feet from the single - unit dwelling. DCC 18.116.095(D)(1)0) and DCC 19.92.170(A)(1)0) require that the Exhibit L to Ord. No. 2025-004 Page 3 of 39 Topic SB 1013 Requirements Comment property owner provide a parking pad for the recreational vehicle. DCC 18.116.095(D)(1)(o) requires that for properties located within the Wildlife Area Combining Zone, recreational vehicles are considered a structure and therefore must comply with the siting standards in 18.88.060(B). DCC 18.116.095(D)(1)(1) and DCC 19.92.170(A)(1)(1) require that the property owner meet defensible space requirements, either establishing a 20- foot radius of non-combustible ground cover, or consult with the local fire protection service provider. DCC18.116.095(D)(1)(m) and DCC 19.92.170(A)(1)(m) require that the property owner demonstrate compliance with emergency access requirements, either by meeting specific driveway dimensional and material standards, or by confirmation from the local fire protection service provider. Using the baseline eligibility criteria of SB 1013 plus the lot size criteria determined during deliberations (2 acres in most areas of the County, and 5 acres in certain areas of South County — this is same as the lot size requirements for Rural Accessory Dwelling Units) approximately 7,590 properties would be eligible. This number does not account for individual site conditions, including dimensions, septic availability, and other variables that occur on a property -by -property basis. 111. REVIEW 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 one, the County bears the responsibility forjustifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. IV. FINDINGS CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Exhibit L to Ord. No. 2025-004 Page 4 of 39 Hearing Required FINDING: This criterion will be met because a public hearing was held before the Deschutes County Planning Commission and Board of County Commissioners. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed legislative amendments do not apply to any specific property, no individual notices were sent. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion is met. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners and has received a fee waiver. This criterion is met. Exhibit L to Ord. No. 2025-004 Page 5 of 39 Section 22.12.040. Hearin�_s_=aodv A. The following shall serve as hearings or review body -for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Deschutes County Planning Commission held the initial public hearing on November 9, 2023. The Board then held a public hearing on May 8, 2024. 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. 2025-004 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 PlanninZ: 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 October 4, 2023. The Planning Commission held a public hearing on November 9, 2023 and the Board of County Commissioners held a public hearing on May 8, 2024. 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 1013 in 2023, the Oregon Legislature added a new use, recreational vehicle as residential tenancy (or rental dwelling), to rural residential exception areas. Local governments can choose to allow this use by amending their zoning codes and complying with SB 1013's development standards. Goal 5 does not apply. Exhibit L to Ord. No. 2025-004 Page 6 of 39 However, to the extent it is determined that Goal 5 does apply, 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 MUM 0 and RR-10 contain Goal 5 resources because they are overlaid with a Wildlife Area Combining Zone. These two zones are being amended to allow RVs as rental dwellings and are therefore subject to an ESEE Analysis. No other changes to the code warrant specific ESEE Analysis as they are not adding new uses that conflict with Goal 5 resources. The ESEE analysis is included in AppendixA which is attached to this document. Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. However, it is worth noting that the amendments require a minimum lot size of 2 acres in most areas, and 5 acres in sensitive groundwater areas, in an effort to protect sensitive groundwater resources that can be further stressed by the wastewater disposal of denser development patterns. To further protect these resources, SB 1013 requires that the property owner provide sewage disposal, and applicants must receive a permit from Deschutes County Onsite Wastewater Division before disposing any wastewater or sewage on -site. Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change the County's Comprehensive Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in compliance. Goal 8: Recreational Needs: Recreational vehicles as rental dwellings are not a recreational use or need, but rather are intended to provide housing. This goal does not apply. Goal 9: Economic Development: Recreational vehicles as rental dwellings 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: Recreational vehicles as rental dwellings 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 1013 in 2023, the Oregon Legislature added a new use, recreational vehicles as rental dwellings, to rural residential exception areas. Local governments can choose to allow this use by amending their zoning codes and complying with SB 1013's development standards. Staff does not anticipate that the addition of recreational vehicles as rental dwellings on approximately 7,590 currently eligible lots will create a significant or adverse effect to the County transportation system and thus complies with the TPR. Goal 13: Energy Conservation: The proposed text amendments do not propose to change the County's implementing regulations regarding energy conservation. This goal does not apply. Exhibit L to Ord. No. 2025-004 Page 7 of 39 Goal 14: Urbanization: The purpose of Goal 14 is to direct urban uses to areas inside UGBs. As the proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. Goals 15 through 19: Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore, these goals do not apply. C. Deschutes County Comprehensive Plan Section 3.3, Rural Housing Goal 1 Maintain the rural character and safety of housing in unincorporated Deschutes County, Policy 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 1013, which allows recreational vehicles as rental dwellings to be sited in rural residential exception areas, is consistent with Policy 3.3.5, providing a needed housing option in the rural county. 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 site a recreational vehicle as rental dwelling subject to certain restrictions and limitations. Exhibit L to Ord. No. 2025-004 Page 8 of 39 Recreational Vehicles �' � s :,�f '' i', Rental " Fit.. i, •. �� Text Amendment Appendix A: ESEE Analysis Document to File No. 247-23-000700-TA Deschutes County Community Development May 7, 2025 Exhibit L to Ord. No. 2025-004 Page 9 of 39 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 Exhibii L to Ord. No. 2025-004 Page 10 of 39 Chapter 1: Overview of Goal 5 and ESEE Analyses Introduction This appendix report was prepared to supplement the findings document associated with File No. 247-22-000700-TA. Deschutes County is amending Deschutes County Code (DCC), Titles 18 and 19 to allow recreational vehicles (RV) as rental dwellings consistent with Senate Bill (SB) 1013 (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 RV as rental dwelling is a new conflicting use in the WA Combining Zone, Deschutes County is applying Goal 5 in consideration of this Post Acknowledgment Plan Amendment (PAPA). The full findings document provides additional detail and background information regarding the intent of the amendments and compliance with other applicable local and state regulations outside of Statewide Land Use Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. Deschutes County Goal 5 Program The purpose of Goal 5 is "to protect natural resources and conserve scenic and historic areas and open spaces." Local governments, as part of the Comprehensive Planning process, are required to inventory the extent, location, quality, and quantity of significant natural resources within their jurisdictional boundaries. Following this inventory, local governments then conduct an economic, social, environmental, and energy (ESEE) analysis to determine the extent to which land uses should be limited in order to adequately protect significant resources. Following an ESEE analysis, governments then establish a program to protect significant natural resources. Deschutes County established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs between the years of 1988-1994, as part of periodic review. In reviewing this document, it is important to acknowledge there are six policies and development standards within the Deschutes County Comprehensive Plan and DCC that were established through ESEEs over time that could still limit the development of RVs as rental dwellings near inventoried Goal 5 resources. Deschutes County finds the proposed amendments do not alter the following existing protections. 1. Setback Protections: 100-foot structural setback from the ordinary high water mark (OHWM) of rivers and streams. Exhibit L to Ord. No. 2025-004 Page 11 of 39 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, regard4ess 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 recreational vehicles as rental dwellings consistent with SB 1013 (2023). Residential RVs 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. RVs as rental dwellings 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 1 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 Exhibit L to Ord. No. 2025-004 Page 12 of 39 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."' 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. 2 OAR 660-023-0040(1) Exhibit L to Ord. No. 2025-004 Page 13 of 39 Chapter 2: Deschutes County Gaul 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 RVs as rental dwellings 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.3 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 3 There are 386 RR-10 tax lots that are two acres or larger that abut the Little Deschutes River or Deschutes River. There are 505 tax lots that are split -zoned RR-10 or MUM 0 with the Flood Plain Zone. The Flood Plain Zone is not recognized as a rural residential exception area. RR-10 and MUA-10 split zoned properties will be required to contain the minimum lot or parcel area to qualify for an RV as rental dwelling. Exhibit L_ to Ord. No. 2025-004 Page 14 of 39 Corridor, Deer Winter Range, and 'significant Elk Habitat. The proposed amendments add a conflicting use, RVs as rental dwe-flings, 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). Protection of these resources is focused on mitigating visual impacts of individual development proposals. Staff finds these resources are not impacted by the proposed amendments and therefore are not reviewed in this document. Exhibit L to Ord. No. 2025-004 Page 15 of 39 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 RVs as rental dwellings in the MUM 0 and RR-10 zones in the WA Combining Zone. RVs could be a conflicting use to significant Goal 5 resources as they generate vehicle trips and noise. Other uses that are allowed in the two zones are shown below. Table 3: Allowed Uses Zoning Outright Uses Conditional Uses Public use Semipublic use Dude ranch Kennel and/or veterinary clinic Guest house Manufactured home as a secondary accessory farm dwelling Exploration for minerals Private parks Personal use airstrip Agricultural uses Golf course Single family dwelling or Type 2 or 3 Home occupation manufactured home Destination resorts Harvesting a forest product Planned developments Class I and II road or street projects Cluster developments subject to land division standards Landfills MUA-10 Class III road or street project Timeshare Noncommercial horse stables Hydroelectric facility Horse events Storage, crushing and processing of minerals Operation, maintenance and piping of Bed and breakfast inn canals Excavation, grading and fill Type I Home occupation Religious institutions Historic accessory dwelling units Private or public schools Utility facility Cemetery Commercial horse stables Horse events Manufactured home park or RV park Wireless telecommunication facilities Guest lodge Surface mining in conjunction with operation and maintenance of irrigation system Exhibit L to Ord. No. 2025-004 Page 16 of 39 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 RVs as rental dwellings 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,,.4 In reviewing the proposed amendments, Deschutes County finds that the impacts from RVs 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 RVs as a secondary dwelling may distress inventoried wildlife, as they seek to avoid noise and light. Habitat Removal Preparing an appropriate site on a lot for an RV could 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. 4 OAR 660-023-0040(4) Exhibit L to Ord. No. 2025-004 Page 17 of 39 Introduction of Invasi✓e, ;%lonnative Plants RVs 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 is provided below. Exhibit L to Ord. No. 2025-004 Page 18 of 39 Chapter 4: Impact Area: 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 within the areas of significance noted above, an estimate of the number of parcels in those areas that meet the baseline RV as rental dwelling criteria in terms of zone and acreage, and are non-federal (i.e. subject to Deschutes County zoning) is shown in Table 4 below. Table 4: Number of Affected Non -Federal Properties in Impact Area Zone Deer Migration Deer Winter Elk Multiple Use Agricultural Zone 0 9 0 Rural Residential Zone 1,293 446 39 Total 1,293 455 39 Exhibit L to Ord. No. 2025-004 Page 19 of 39 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 RVs as rental dwellings could have very similar impacts to both riparian areas and fish and wildlife that depend on the riparian area 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 RVs as a rental dwelling may distress inventoried wildlife, as they seek to avoid noise and light. • Habitat Removal Preparing an appropriate site on a lot for an RV could 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 RVs 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. Exhibit L to Ord. No. 2025-004 Page 20 of 39 This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventories that are currently in place. Scenario (8) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are both important when compared to each other, and the use should be allowed with limitations to balance the impacts to the inventory site(s). RVs as Rental Dwellings ESEE Analysis Scenario (A) Allow the Conflicting Use In this scenario, Deschutes County would allow RVs as rental dwellings in MUM 0 and RR-10 zones without any additional requirements to protect the inventoried resources. Economic Consequences: Permitting RVs as rental dwellings would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing RVs, which are generally small in size and cannot be used as vacation rentals, could help address work force housing shortages in the region and provide a housing type that has not historically been readily available in the rural county. It could reduce commuting costs for those workers that live in adjoining Crook,jefferson and Klamath counties, and coupled with other workforce housing strategies, attract businesses and employment opportunities in Central Oregon. Allowing RVs could also have negative consequences. The development of RVs as rental dwellings in MUM 0 and RR-10 zones could 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 Exhibit L to Ord. No. 2025-004 Page 21 of 39 annually. Deschutes County is proposing to allow RVs in some areas that contain riparian areas and species that rely on the riparian area for habitat including fish, furbearers, upland game birds, and waterfowl. Allowing RVs 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 RVs 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 RVs as rental dwellings could have positive consequences by allowing property owners with an existing single family dwelling to rent out an RV 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 RVs as rental dwellings in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to more residents with higher automobile dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts due to the potential loss of wildlife habitat. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, however 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, RVs as rental dwellings would be permitted with no additional restrictions. As stated previously, RVs 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 appropriate site for an RV may 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. Given the relatively small footprint of RVs, however, these impacts may be minor compared to other development types. Permitting RVs 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 Exhibit L to Ord. No. 2025-004 Page 22 of 39 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. 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. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non- residential structure, or an accessory building in a designated Flood Plain shall obtain a conditional use permit. 6. Combining Zone Requirements: Deer Migration Corridor, Deer Winter Range, Significant Elk Habitat and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and seasonal construction requirements to prevent impact to sensitive species and habitat. Existing protections would prevent riparian areas from being developed with RV rental dwellings 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 RVs near these areas will be neutral. Energy Consequences: RVs as rental dwellings are unlikely to cause any major energy consequences. Per SB 1013, the property owner must provide essential services, which includes electricity and wastewater disposal, to the RV site. 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 RV, it could lead to additional Vehicle Miles Traveled and greater congestion on county -owned roads for employment, education, and basic services. Exhibit L to Ord. No. 2025-004 . Page 23 of 39 Scenario LB) Prohibit the Conf'fictio4g-Use In this scenario, Deschutes County would not allow RVs as rental dwellings 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 RVs could have negative economic consequences, as it prevents certain property owners from using their land and having a secondary dwelling unit. This could contribute to workforce housing deficiencies in the region that is already experiencing high housing pressure, 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 RVs 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 are major economic assets to the region. Prohibiting RVs could minimize further habitat fragmentation and help maintain wildlife viewing, hunting, and fishing revenues in Deschutes County. Social Consequences: Prohibiting RVs could have negative social consequences. Many residents and multi -generational families in Deschutes County need affordable housing and are rent -burdened. Limiting the potential supply of a unique housing type could exacerbate Central Oregon's housing crisis by forcing some residents to pay higher rents, commute longer distances for basic services, or relocate. Those circumstances could lead to further mental and physical stress. It could also have positive consequences. Many residents express their appreciation for undisturbed landscapes because they contribute to Deschutes County's rural character and quality of life. Prohibiting RVs, 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 larger 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. 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 RVs 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 RVs may be displaced to other areas of rural Deschutes County, which could still have demands on utilities. Exhibit L to Ord. No. 2025-004 Page 24 of 39 Scenario (C) Limit the ConflictineUse In this scenario, Deschutes County would allow RVs as rental dwellings in the MUA-10 and RR-10 zones, with additional limitations to protect the inventoried resources beyond existing protections. The amendments already require the RV rental dwelling to be sited within 100 feet of the primary dwelling in all eligible areas. However, in this scenario, the limitation in impact areas could require the RV to be within a smaller distance of the existing dwelling, or establish other siting restrictions. Economic Consequences: Permitting RVs as rental dwellings would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing RVs, which are generally small in size 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) where the RV must be sited within 100 feet of the primary dwelling, the addition of other siting 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 RV depending on site constraints. This could reduce the number of housing opportunities, but 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 RVs nevertheless may still overall impact wildlife and thereby impact revenue generated from the recreation economy. In comparison to scenario (a), Deschutes County finds that this scenario would provide a limitation to reduce the amount of impacts, even if those impacts still exist, and also reduce the economic benefits of providing additional housing by limiting potential eligibility. Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting RVs could have positive consequences by allowing property owners with an existing single-family dwelling to have a dwelling 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. Allowing RVs as rental dwellings, even with limitations, could create a negative consequence for RVs in rural areas, increasing the number of dwellings 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 Exhibit L to Ord. No. 2025-004 Page 25 of 39 continue to express concerns reg,ardi, �g the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near or within the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationa lists. Environmental Consequences: RVs as rental dwellings 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. Siting of an RV may 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. Given the relatively small footprint of RVs, however, these impacts may be minor compared to other development types. Permitting RVs 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 RVs are nearby. The establishment of RVs in these areas would likely be neutral. By further limiting siting options for the RV, the negative environmental consequences associated with RVs could be mitigated to a certain extent. Energy Consequences: The energy consequences in this scenario are similar to scenario (a). Further restricting siting options for the RV could decrease the amount of energy used to operate the RV, considering the essential services that are required to be provided. Exhibit L to Ord. No. 2025-004 Page 26 of 39 Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve GOal S. Localgovernments shall determine whether to allow, limit, or prohibit identified conflicting uses for significant resource sites. This decision shall be based upon and supported by the ESEE analysis. A decision to prohibit or limit conflicting uses protects a resource site. A decision to allow some or all conflicting uses for a particular site may also be consistent with Goal 5, provided it is supported by the ESEE analysis. One of the following determinations shall be reached with regard to conflicting uses for a significant resource site: (c) A local government may decide that the conflicting use should be allowed fully, notwithstanding the possible impacts on the resource site. The ESEE analysis must demonstrate that the conflicting use is of sufficient importance relative to the resource site, and must indicate why measures to protect the resource to some extent should not be provided, as per subsection (b) of this section. The graphic below is meant to be a simplified representation to balance each of the ESEE factors. As stated in the ESEE analysis, there are a variety of positive, negative, and neutral consequences associated with each scenario. Deschutes County finds that the issue of allowing an RV as rental dwellings in MUA-10 and RR-10 zones are both asocial and economic issue —providing needed housing —that outweighs the other ESEE consequences and no additional restrictions in the impact areas are required. Therefore, the County is choosing scenario (a), which will allow the use without additional restrictions, notwithstanding the possible impacts on the resource sites. Table 5: ESEE Factors Support habitat Support Support functions Affordable Recreational Preserves Rural ESEE Factors (Environmental, Housing Economy Character Transportation economic, (Social, (Economic, (Social, (Energy) social) economic) Social) economic) Prohibit conflicting use 0 - 0 0 0 (No code change) Allow conflicting use Allow RVs with no _ ♦ additional requirements Limit conflicting use Allow RVs with _ ♦ additional limitation Exhibit L to Ord. No. 2025-004 Page 27 of 39 Chapter 7: Program to Achieve Goal 5 660-023-0050(1): For each resource site, local governments shall adopt comprehensive plan provisions and land use regulations to implement the decisions made pursuant to OAR 660-023- 0040(5). The plan shall describe the degree of protection intended for each significant resource site. The plan and implementing ordinances shall clearly identify those conflicting uses that are allowed and the specific standards or limitations that apply to the allowed uses. A program to achieve Goal 5 may include zoning measures that partially or fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)). 660-023-0050(2): When a local government has decided to protect a resource site under OAR 660- 023-0040(5)(b), implementing measures applied to conflicting uses on the resource site and within its impact area shall contain clear and objective standards. For purposes of this division, a standard shall be considered clear and objective if it meets any one of the following criteria: (a) it is a fixed numerical standard, such as a height limitation of 35 feet or a setback of 50 feet; (b) it is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree, or... Deschutes County has determined that allowing RVs as rental dwellings 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 with the same requirements and restrictions in all eligible areas, notwithstanding the possible impacts on the inventoried resources. The implementing measures do not include alternative, discretionary procedures for compliance. Exhibit L to Ord. No. 2025-004 Page 28 of 39 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 88-088-04, 22; Metolius, forage quality and Combining Zone. Requires 40-acre Tumalo, North Yes quantity or cover are minimum lot size for all new 89-009, 92-00, , Paulina, and Grizzly conflicting uses. residential land divisions. 92-04 92-042, ranges identified by Fences which impede Underlying zoning in most of the 92-046 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. Exhibit L to Ord. No. 2025-004 Page 29 of 39 Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances Wildlife Area Combining Zone was recognized as the only program to achieve the goal to protect the elk habitat. Major conflict is the It was amended to require a 160- loss of habitat due to acre minimum lot size for areas increased residential identified as significant elk habitat. densities in the Siting standards are required to habitat areas. minimize conflicts of residences' Elk Habitat Increased human with habitat protection. Ordinance Nos. (Inventory - Ord. disturbance can cause 88-030, 88-031, No. 92-041- page Yes conflict with elk. The Underlying zoning in the elk habitat 89-009, 92-040, 32; identified by use of land which areas is either Floodplain, Forest, or 92-041, 92-042, USFS and ODFW) necessitates the Open Space and Conservation. 92-046 removal of large These resource zones restrict high amounts of vegetative density residential development cover can also alter and prohibit industrial and the quality of elk commercial uses. habitat. * Some lands are zoned RR10, . including lots that are split zoned with flood plain. They are already parcelized, preventing future land divisions. Land use or To achieve the goal to conserve development antelope habitat, uses conflicting Antelope Habitat activities which would with antelope habitat are limited to (Inventory — Ord. result in the loss of the Wildlife Area Combining Zone. Ordinance Nos. No. 92-041— page No habitat, and animal In antelope range, the minimum lot 92-040, 92-041, 38; identified by harassment and size is 320 acres. Except for rural 92-042, 92-046 ODFW) disturbance service centers, the antelope associated with habitat is zoned EFU or F1. human activity. Nest sites are found in Forest, EFU and Open Space and Habitat for Conservation zones. Sensitive Birds Uses that could (Inventory - Ord. conflict with the No. 92-041- page habitat site are 41 and Table S; surface mining, identified by ODFW, residential use, The Sensitive Bird and Mammal Ordinance Nos. ODF, OSU, Oregon No recreation facilities, Combining Zone achieves the goal 92-040, 92-041, Natural Heritage roads, logging, and air to protect sensitive bird sites. 92-042, 92-046_ Data Bases). strips. The area required Any activity which for each nest site would disturb the varies between nesting birds, species. including intensive recreational use or removal of trees or Exhibit L to Ord. No. 2025-004 Page 30 of 39 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, (UPDATE- each nest site needed to protect Inventory —;Ord. No. the nest from conflict varies 94-004 —pages 3 to between species. It's called 4Site specific "sensitive habitat area." Ordinance Nos. ESEE analysis and No See above. 94-004, 94-005 decisions follow Note: Northern bald eagle, osprey, and 94-021 each site. golden eagle, prairie falcon, and great blue heron rookeries are located on federal land. Classified as "2A"Goal 5 Resources. Great Grey owl site no longer exists. Some bald eagle, golden eagle sites are controlled by the Sensitive Bird and Mammal Combining Zone. Floodplain zone recognized as Waterfowl Habitat program to achieve the goal to (Inventory — Ord. Future resort and conserve waterfowl habitat vacation home (Ordinance Nos. 88-030, 88-031, 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' 86-018, 86-054, 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 provides additional vegetation are potential density of development in information) conflicting uses. the areas adjacent to many of the rivers, streams, wetlands, and ponds used for waterfowl habitat. Exhibit L to Ord. No. 2025-004 Page 31 of 39 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Pheasant and quail are affected whenever agricultural For all of the upland game birds land is taken out of except sage grouse, the habitat is production through adequately protected by the Upland Game Bird urban sprawl, road existing :EFU and: Forest zoning and Habitat construction, the provisions to protect wetlands (Inventory - Ord. industrial and riparian areas to achieve the No. 92-041-page development and goal of protecting upland game 60; ODFW did not other land clearing birds. identify critical activities. Ordinance Nos. habitat for any of County provisions to protect 86-018, 86- the upland game Farming practices on an areas and wetlands protect riparian 053,86-054, 86- species except for Yes existing agricultural one of the most significant 056, 88-030, 88- the sage grouse; lands also have an components of upland game 031, 89-009, 92- habitat for upland impact. Fence row, habitat. 040, 92-041, 92- game birds is woodlots, and riparian 042, 92-046 dispersed vegetation are Note:. conflicts with sage grouse are throughout the constantly being `limited by EFU zoning with a 320 county in riparian, removed at the acre minimum parcel size. forest, agricultural, expense of upland Sensitive. Bird and Mammal and .rangeland bird use.. Combining Zone pertaining to sage areas) Chapter 6 of grouse and leks have been 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. ` Exhibit L to Oro'. No. 2025-004 Page 32 of 39 Inventoried --r Flood Plain I 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. No, 92-041—page would degrade or wetlands and riparian areas to Ordinance Nos. 65; ODFW has not destroy habitat, or achieve the goal to protect 86-018, 86- identified any disturb the animals furbearers. 053,86-054, 86- specific habitat sites Yes causing them to 056, 88-030, 88- other than riparian relocate. The farm and forest zones require 031, 89-009, 92- and wetland areas large minimum lot sizes and many 040, 92-041 Conflicts between uses are permitted only as that are critical for furbearers and other conditional uses. The measures to the listed species. land uses are minimal protect riparian and wetland in the county. habitat are detailed in this plan in the Riparian and Wetland Habitat section. Caves located in EFU Habitat Areas for zones. Uses permitted Townsend's Big- in those zones that Eared Bats could conflict with the (Inventory - Ord. i No. 92-041-page habitat site are Program to achieve the goal is Ordinance No. 69; identified by No surface mining, Sensitive Bird and Mammal 92-041 and 042 recreation facilities Combining Zone ODFW, ODF, OSU, including golf courses Oregon Natural and destination Heritage Data resorts, roads, Bases) logging, and air strips. UPDATE - Inventory Habitat areas for Townsend Bats, — Ord. No. 94-004 - adopted in No. 92-041 is repealed pages 140 to 155 and replaced and further amended Ordinance Nos. ` Site specific ESEE No See above. in Exhibit 2. The ESEE for 94-004 and 94- analysis and Townsend's big -eared bats is 021 decisions follow amended for additional bat sites in each site. Exhibit 3. Exhibit L to Ord. No. 2025-004 Page 33 of 39 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses include fill and removal of material, including vegetation which could cause a reduction in the size or quality or function of a wetland, or cause destruction or degradation of the riparian habitat and vegetation. Floodplain zone recognized as program to achieve the goal to Structural conserve wetland and riparian Wetlands and development in habitat (Ordinance Nos. 88-030, 88- Ordinance Nos. Riparian Areas wetlands or riparian 031, 89-009). 86-018, 86-054, (Inventory — Ord. Yes areas would reduce the habitat and the Others include: fill and removal 86-0, 88-0, No. 92-041—page use of the structure permits, wetland removal 88-031, 89-009, 92-0492 041, identified on could cause conflicts regulations, hydro prohibitions, 92 045 USFWS NWI) such as harassment or 100' setback from OHW, 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. Exhibit L to Ord. No. 2025-004 Page 34 of 39 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses: Locating septic systems in riparian Riparian Areas inventory and ESEE UPDATE — Riparian area could cause analysis adopted by Ordinance No. inventorypollution —Ord. of ground 92-041 is deleted and replaced by and surface water No. 94-007; . systemsThe potential an inventory and ESEE contained in Significant riparian for this conflict Exhibit A. habitat is located in depends on the three areas: characteristics of the New parcels meeting the minimum soil. lot size in the resource zones (EFU, Area within 100' of 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. Area adjacent to an reduce the habitat inventoried river or and the use of In RR10, MUA-10, and Floodplain stream and located structures could cause zones found adjacent to within a flood plain conflicts such as inventoried riparian areas, the mapped by FEMA Yes harassment or creation of new 10 acre parcels Ordinance Nos. and zoned disturbance of wildlife would not significantly increase the 94-007 Floodplain by the dependent on habitat. overall density of residential use county (Deschutes adjacent to riparian areas because River, Little Recreational use of the areas where new parcels could Deschutes River, the riparian area 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 Creek, Tumalo informal trails, and 10 acres. Creek, Squaw camping areas can (Whychus) Creek, alter soil composition program to achieve Goal 5 for and Crooked River and cause destruction Riparian Habitat: fill and removal of vegetation. regulations to protect wetlands, Area adjacent to a Increase in density of 100' setback from OHW, Floodplain river or stream and residential lots in or zone (regulates docks too), inventoried as a Landscape Management zone, wetland on the NWI adjacent to riparian Conservation easements, State areas could result in a decrease of habitat Scenic Waterway effectiveness because of disturbance to wildlife. Exhibit L to Ord. No. 2025-004 Page 35 of 39 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. UPDATE — Wetland habitat. 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 B— inventory is NWI development • Fill and removal (Ord. No. 92-045) purposes destroys the regulations to protect hydrological function wetlands of the wetland and • 100' setback from OHW alters the habitat • Flood plain zone (regulates qualities that certain docks too) wildlife depend on. DSL Removal / Fill law Cutting wetland vegetation adjacent to streams can remove important shade for streams, eliminate habitat for various waterfowl, furbearers, and nongame bird species, and can also increase the potential for erosion or bank instability in riparian areas. Exhibit L to Ord. No. 2025-004 Page 36 of 39 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Ecologicallyand Scientifically Significant Natural Programs for resource protection Areas * Little include the zoning of the property, Deschutes River / the provisions of the flood plain, Deschutes River wetlands and the river corridor. Confluence (Inventory - Ord. The implementing measures which No. 92-052, Exhibit Resort and vacation protect and regulate development B, Page 1; home development, in the confluence area are: EFU Ordinance Nos. identified by recreational uses zoning, Floodplain zoning, 86-018, 86-054, Oregon Natural Yes livestock grazing, and conservation easements, and fill 86-056, 88-030, Heritage Program); fill and removal in and removal permits. 88-031, 89-009, Analysis of Pringle wetlands are 92-040, 92-041, Falls and Horse conflicting uses. The confluence area is located in 92-045 Ridge Research the undeveloped open space area Areas, West of the Sunriver development Hampton Butte and (Crosswater). 80% of the property Davis Lakes' is retained as open space. excluded b/c they're on federal Today, zoning is Floodplain and land and/or not Forest Use. related to flood plains. Landscape Management Uses conflicting with Rivers and Streams open space and scenic (Inventory — Ord. resources along the No. 92-052, Exhibit designated Landscape C, Page 3; Management rivers identified by state and streams include and federal wild land management Program for resource protection and scenic activities that result in includes: Floodplain zone and Ordinance Nos. corridors; and habitat loss or restrictions, fill and removal 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, 86-056 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) Exhibit L to Ord. No. 2025-004 Page 37 of 39 Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances Conflicting uses with the open space and scenic values of the land adjacent to the Lakes and inventoried lakes Reservoirs include development (Inventory Ord. which would cause a Conflicting uses around Tumalo No. , Exhibit loss of open space or Reservoir are specifically limited by C, Page 0; ge 10;includes No a decrease in the Title 18.48, Open Space Ordinance No. Upper aesthetic and scenic Conservation Zone and a 100' 91-020 ir; Reservoir; resources, and land setback for any structure from management OHW. remaining are on activities resulting in federal land the removal of natural vegetation which provides wildlife habitat and scenic value. State Scenic Program for resource protection Waterways and See County / City of es: includ includes: Ordinance Nos. Federal Wild and Bend River Study and lain zone and restrictions fill Floodpand 86-018, 86-053, Scenic Rivers 1986 River Study Staff removal permits, wetland 86-054, 86-056, (Inventory — Ord. Yes Report. Both removal regulationshydro ,y 88-030, 88-031, No. 92-052, Exhibit referenced in Ord. 92- prohibitions, rimrock setbacks, 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. Exhibit L to Ord. No. 2025-004 Page 38 of 39 Attachment 2 - Inventory Site ktaps Exhibit L to Ord. No. 2025-004 Page 39 of 39 Taxlots Meeting RV Rental ®welling Criteria - Elk Range BOARD • _. MEETING DATE: May 7, 2025 SUBJECT: Consideration of First and Second Readings and emergency adoption of Ordinance No. 2025-004 to allow RVs as Rental Dwellings RECOMMENDED MOTIONS: 1. Move approval of first and second readings of Ordinance No. 2025-004 by title only. 2. Move to adopt Ordinance No. 2025-004 by emergency, effective immediately. BACKGROUND AND POLICY IMPLICATIONS: On May 7, 2025, staff will present Ordinance No. 2025-004 to the Board of County Commissioners (Board) for consideration of first and second reading and adoption by emergency. On December 18, 2024, the Board conducted deliberations to consider legislative text amendments to consider allowing recreational vehicles (RV) as rental dwellings (File No. 247-23-000700-TA) under Senate Bill 1013. The draft ordinance reflects the decisions made during and since those deliberations, which are outlined in the submitted staff memorandum. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner Will Groves, Planning Manager DATE: April 30, 2025 SUBJECT: Consideration of First and Second Reading - RVs as Rental Dwellings On May 7, 2025, staff will present Ordinance No. 2025-004 to the Board of County Commissioners (Board) for consideration of first and second reading and adoption by emergency. On December 18, 2024, the Board conducted deliberations to consider legislative text amendments to consider allowing recreational vehicles (RV) as rental dwellings (File No. 247-23-000700-TA) under Senate Bill 1013. The ordinance provided here reflects the decisions made during those deliberations, which are outlined below. The entirety of the record can be found at www.deschutes.org/rvamendments. B. PROCEDURAL BACKGROUND Staff submitted a Post -Acknowledgement Plan Amendment notice to the Department of Land Conservation and Development on October 4, 2023. Staff presented information on the proposed amendments at a Planning Commission work session on October 12, 2023.' The Planning Commission held an initial public hearing on November 9, 2023, Z which was continued to December 14, 2023.3 At that time, the hearing was closed, and the written record was held open until December 28 at 4:00 p.m. The Planning Commission began deliberating on January 11, 20244 and elected to continue the discussion to January 23 to form a complete recommendation to forward to the Board. After deliberating, the Planning Commission voted 4-3 to not recommend adoption by the Board. In addition, the Planning Commission chose to provide recommendations concerning the draft amendments if the Board chooses to move forward with adoption. 1 https://www.deschutes.org/bc-pc/page/planning-commission-41 Z https://www.deschutes.org/bc-pc/page/planning-commission-40 s https://www.deschutes.org/bc-pc/page/planning-commission-43 4 https://www.deschutes.ors/bc-pc/Dage/Dlanning-commission-44 Staff provided a summary of the amendments and the process thus far at a February 28 work sessions to the Board and followed up with additional information on several topics on March 27,6 at which time the Board directed staff to proceed with a public hearing. A public hearing was held before the Board on May 8, 2024. At that time, the public hearing was closed, and the written record was held open until 4 p.m. on May 29.7 Staff met with the Board on June 108 to begin the deliberative process, orient the Board to issues raised in the record, and receive feedback on areas of Board interest or concern. During that meeting, the Board directed staff to further research issues relating to fire protection and associated resources, and to gather information about the status of other counties regarding SB 1013 before proceeding with further deliberations. On August 14, staff returned to the Board to request that the record be reopened in order to receive additional information, most notably from the fire districts, which were occupied at the time during the height of fire season. The Board signed Order No. 2024-029, directing staff to reopen the record until November 1, 2024. Staff returned to the Board on November 139 to summarize the additional testimony received and request Board direction concerning matters raised in the record, including concerns from the Building Safety Official and testimony from the fire districts. The Board directed staff to return for continued deliberations on December 18,10 at which time the Board provided direction on several issues before voting to approve the amendments with those changes incorporated. After receiving Board direction for changes to the amendments based on deliberations, staff updated the code and findings to reflect those changes and worked internally within CDD divisions to coordinate implementation, including staff training, website and handout material, and process refinement. II. OVERVIEW OF ORDINANCE During deliberations, staff presented several decision points for Board consideration. A brief summary of the Board decisions and subsequent modifications to the amendments is provided below. 1. Minimum lot size While SB 1013 provides no required minimum lot size, the initial draft code in this proposal utilized a 1- acre minimum. Lot size can serve as a regulating factor for many of the issues brought up in testimony, by effectively controlling the total number of and density of properties eligible for RV rental dwellings. During deliberations, the Board chose to require a 2-acre minimum lot size, except for certain areas of South County, which would require a minimum size of 5 acres. This would follow the same criteria utilized 5 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-157 6 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-161 7 The record, which contains all memoranda, notices, and written testimony received, is available at the following website: www.deschutes.org/rvamendments a https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-175 9 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-203 10 htt s: www.deschutes.org/bcc/page/board-county-commissioners-meeting-209 -2- for accessory dwelling units, which aims to protect areas of South County with groundwater issues by requiring larger lots. Approximately 7,590 properties would be eligible using baseline criteria of zone, lot size, and existence of a single-family dwelling. 2. Placement/setbacks In addition to the criteria in the original draft requiring that the RV must be 10 feet from any structure and the setbacks for dwellings in the underlying zone apply, the Board directed staff to require that the RV must be located within 100 feet of the primary dwelling. The 100-foot siting envelope is the same as the criteria utilized for ADUs. Keeping the RV close to the primary dwelling aims to cluster the potential impacts together rather than spreading them out across the property. This can also provide efficiencies for septic and driveways. 3. Defensible space There were no standards in the original draft for defensible space, nor are there requirements in SB 1013. Aiming to provide clear requirements as well as an option for more customized strategies, the Board directed staff to require a 20-foot radius around the RV of non-combustible ground cover of gravel, concrete, asphalt, grass mowed to 4 inches, or some combination of these or the property owner may consult with the applicable fire district to develop appropriate firebreaks and defensible space. 4. Emergency access There were no standards in the original draft to address emergency access, nor are there requirements in SB 1013. Similar to the approach to regulations for defensible space, the Board aimed to provide clear requirements but also provide a more open-ended option to allow emergency access to the RV. The Board directed staff to require the same access standards as for ADUs: Driveway standards: 12 feet wide, horizontal clearance of 20 feet, vertical clearance of 13.5 feet, all-weather surface or the property owner may receive written confirmation from a fire protection service provider that emergency access is adequate. III. OTHER ISSUES Secondary Modifications Secondary modifications were made to the amendments in order to facilitate implementation of the RV rental dwelling program and provide clear direction for staff and applicants. These minor modifications do not change the legislative intent of the amendments. • Select language was modified to reflect recently adopted clear and objective standards. For example, "single-family dwelling' was changed to "single unit dwelling' throughout. • Language was added to reflect the process for applying for an address and for any onsite wastewater permits. • Requirements were reorganized and clarified to reflect a single stage permitting process; this process was deemed the preferred approach after consultation amongst CDD divisions. -3- IV. NEXT STEPS AND STAFF RECOMMENDATION Owing to the need to synchronize this effort with other active text amendments (primarily the first module of clear and objective text amendments, which contained changes to most chapters of Title 18 and 19), staff coordinated implementation prior to adoption rather than adoption first with an effective date 90 days later. This allowed for any pending text amendments to be captured in the final ordinance. As a result, staff recommends adoption by emergency with an immediate effective date, as the implementation work for the amendments has already been completed. This proposed action requires a unanimous vote. Alternatively, if the vote is not unanimous, 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. Attachments 1. Ordinance No. 202.5-004 and Corresponding Exhibits - Emergency Exhibit A - DCC 16.12 Exhibit B - DCC 18.32 Exhibit C - DCC 18.60 Exhibit D - DCC 18.116 Exhibit E - DCC 18.120 Exhibit F - DCC 19.04 Exhibit G - DCC 19.12 Exhibit H - DCC 19.20 Exhibit I - DCC 19.22 Exhibit J - DCC 19.76 Exhibit K - DCC 19.92 Exhibit L - Findings M