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2025-267-Ordinance No. 2025-015 Recorded 8/14/2025REVIEWED LEGAL COUNSEL Recorded in Deschutes County CJ2025-267 Steve Dennison, County Clerk Comrnissioners'Journal 08/14/2025 2A6:51 PM �r�5 � `��:z: II I I I �I II IIII II I I II II IIIII I I II! 2025-267 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Zoning Ordinance, and Title 19, Bend Urban Area Zoning Ordinance, to Repeal Nonconforming Wildfire Hazard Mitigation Standards in Compliance with State Law and Declaring an Emergency. * ORDINANCE NO. 2025-015 WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-25-000425-TA) to the Deschutes County Code ("DCC"), Chapter 18.116 — Supplementary Provisions, Chapter 19.92 — Interpretations and Exceptions; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 24, 2025; and WHEREAS, the Board considered this matter after a duly noticed public hearing on August 13, 2025 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18 and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDING. Deschutes County Code Chapter 18.116, Supplementary Provisions, 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 strikethrough. Section 2. AMENDING. Deschutes County Code Chapter 19.92, Interpretations and Exceptions, 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 strike-t4ough. Section 3. FINDINGS. The Board adopts as its findings Exhibit "C", attached and incorporated by reference herein. Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an emergency is declared to exist, and this Ordinance becomes effective upon adoption by the Board. PAGE 1 OF 2 - ORDINANCE NO.2025-015 'I Dated this I � of 2025 ATTEST: -/hf-N&,,ek-V llnLal Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON lei ANTHONY DEBONIE, Chair Q � kax,// PATTI ADAIR, Vice Chair PHILIP CHANG, C mmissioner Date of 1" Reading: day of A4A` , 2025. 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: d y of 2025. PAGE 2 OF 2 - ORDINANCE NO.2025-015 -CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.010 Authorization Of Similar Uses 18.116.020 Clear Vision Areas 18.116.030 Off -Street Parking And Loading 18.116.031 Bicycle Parkin 18.116.035 Bicycle Commuter Facilities 18.116 036 Special Parking Provisions For The_Sunriver Town Center (TC� District 18.1.16.040 Accessory Uses 18.116.045 Exceptions To Permitted Dwelling Unit Facilities 18.1163.05 MManufactured Dwellings 18.116.070 Placement Standards For Manufactured Dwellings 18.1.16.080 Manufactured Dwelling Or RV As A Temporary Dwelling. -Unit On An Individual Lot Or Parcel During Construction 18.116.090 Manufactured Dwelling Or Recreational Vehicle As A Temporary Hardshia Dwelling 18.116.095. Recreational Vehicle As A Temporary Dwelling On An Individual Lot Or Parcel 18.116.100 Building Projections 18.116.12 -Fences 18.116.130_Hvdroelectric Facilities 18.116.140 Electrical Substations 18.116.150 Endangered Species 18.116.160 Rimrock Setbacks Outside Of LM Combinin Zone. 18.116.170 Solar Height Restrictions 18.116.180 Building Setbacks For The Protection Of Solar -Access 18.116.190 Solar Access Per 18.116.200 (Repeatedl 18.116.210 Residential Homes And Residential Facilities 18.116.215 Family Child Care Provider 18.11622 -Conservation Easements On Property Abutting Rivers And Streams; Prohibitions 18.116.230 Standards For Class I And II Road Projects 18.116.240 Protection Of Historic Sites 18.116.250 Wireless Telecommunications Facilities 18.116.260 Rock Crushing Outside The SM Zone 18.116.270 Conducting FilmingActivities In All Zones_ 18.116.280 Home Occupations 18.116.290 Amateur Radio Facilities 18.116 300 Wind Energy Systems That Generate Less Than_10® KW 18.116.310 Traffic Impact Studies 18 116 320 Medical Marijuana Dispensary 18.116.330 Marihuana Production, Processing, Retailing, And Wholesaling 18.116.340 Marijuana Production Registered By The Ore on Health Authority_(OHAJ 18.116.350 Historic Home Accessory Dwelling Units In RR-10 And MUA Zones 18.116.355 Accessory Dwelling Units In The RR-1 0 -And MUA Zones 18.1..16 360 Nursery Schools 18 116.380 Psilocybin Manufacturing, Service Centers, And Testing Laboratories 18.116.355 Accessory Dwellin Units In The RR-10 And MUA Zones A. As used in this section: 1. "Accessory dwelling unit" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the single-family dwelling on the property, and located on the same lot or parcel as the single-family dwelling. 2. "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. 3. "Rural residential use" means a lot or parcel located in the RR-10 or MUA-10 Zones, consistent with the definition in ORS 215.501.. 4. "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. For the purposes of this chapter, "single-family dwelling" shall be synonymous with "single -unit dwelling" as defined in DCC 18.04.030.. 5. "Useable floor area" means all areas of an accessory dwelling unit defined as floor area in DCC 18.04.030, exclusive of garages, carports, decks, and porch covers. 6. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit is permitted outright on a lot or parcel zoned RR-10 or MUA-10, provided all of the following standards are met: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b. An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single-family dwelling. 2. There is no guest-house, temporary dwelling unit as identified in DCC 18.116.090, or additional dwelling units except the primary single-family dwelling established on the subject property. a. An existing lawfully established guest house, temporary dwelling unit as identified in DCC 18.116.090, or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit. 3. The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137. 4. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 5. The lot area is at least two acres, 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, 21 S, and 22S and Ranges 9E, 10E and 11 E. Within these exception areas, the lot area is at least five acres. 6. The accessory dwelling unit structure will have a minimum setback of 100 feet from all lot lines abutting properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone(s) and combining zone. 7. The accessory dwelling unit will not include more than 900 square feet of useable floor area. 8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single- family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. a. An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before November 1, 2023. 9. Prior to application, the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment. 10. The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181 A.410. 11. The accessory dwelling unit provides for all of the following: a. Adequate access connecting an accessory dwelling unit with afire protection service provider with professionals who have received training or certification described in ORS 181 A.410. Adequate access is met by demonstrating compliance with section 11(a)i and 11(a)(ii), or section 11(a)(iii): 1. A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not less than 13.5 feet. For the purposes of this section, right(s)-of-way are defined as: A. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or B. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and 2. 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: A. Composed of an all-weather surface including asphalt or concrete; or B. Designed and maintained to support a minimum gross vehicle weight (GVW) of 75,000 lbs as certified by a Professional Engineer, registered in Oregon; 3. Written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the property meets minimum fire district requirements to provide emergency services to the property. MEMMMM - WdN&OJRRIRI;� . _ jtwjy _4wii r, , C•a�a•i►�Slr:a�i'yua�i'wniuu�l �r7�C:.u:�rir �:�i►�i..�,7:•:•iq�:G�•:Gi a.�C� _-�-�'�-.w ailing •MI -_ FEE Enwmmawlvm- - - : _ - : - _ - : • • _ • I I w.: UNION I SIMIV • • . I • • • • _ItAINKIFEV - - - -- ---- --- ---- - --- - - - -- -- -- - --- - - - -- --- - - -111 ---- --- - - -- - - - - - - - -- -- - - - - .. . ..OF 12. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. +5-..13. A lot or parcel with an accessory dwelling unit approved under this section is ineligible for: a. A subdivision, partition, other division of the lot or parcel, or a property line adjustment where the result of such application would be to situate the existing single-family dwelling on a different lot or parcel than the accessory dwelling unit; and b. Placement or construction of any additional dwelling unit, guest house, or any other temporary dwelling unit as identified in DCC 18.116.090. 4-6:14. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department. +7-.15. At the time of application, a letter confirming that the supplier of water is "Willing and Able to Serve" the accessory dwelling unit shall be provided if the accessory dwelling unit is to be served by any water source other than an onsite domestic well. +8 16. An existing single-family dweiling and an accessory dweil'sng unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). +9 17. If the water supply source for the accessory dwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission. 2-0-.18. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk, a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 18.116.355(A)(6) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-014 §3 on 121112023 Amended by Ord. 2025-002 §30 (and edit to (8)(20) citation) on 312812025 Amended byOrd. _2025__-0.1.5_§1_an_811312025 . • R. •. • • • • A • �. . 19 92 010 General Exceptions -To Lot Area Requirements 19.92.020 Accessory Uses And Structures 19.92.025 Exceptions To Permitted ®welling Unit Facilities 19.92.030 Exception To Hei ht Re ulations 19.92.040 Establishment And Measure Of Clear Vision Areas 19.92.050 Exceptions To Setback Requirements 19.92.060 Authorization_ For Similar. Uses 19.92.070 Existing Uses 19.92.0080 Pending Building Permits 19 92 090 River Setback (Repealed) 19.92.100 Untitled 19.92.110 Solar Hei ht Restrictions 19.92.120 Conservation s Prohibitions 19.92.130 Fill And Removal__Excepti®ns 19.92.140 Existing Marivana. Pr®duction-.egistered Sy The Ore on Health Authorityij OHA . 19.92.150 Historic_hl®me Accessory ®welling nits In UAR-10_And SR-2 112 Zones 19.92<160 Accessor vvelli Units In _he UAR®�.�. SR-2 � 2. And vVTZZones 19.92.170 Recreational Vehicles A. Rental ®wellies In UAR-10,._SR-2__1/2,_And WTZ Zones 9.92_160 Accessory Dwell n Un1 In T.he UAR-10 SR-2 1/2. And.WTZ Zones. A. As used in this section: "Accessory dwelling unit" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the single-family dwelling on the property, and located on the same lot or parcel as the single-family dwelling. 2. "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. 3. "Rural residential use" means a lot or parcel located in the UAR-10, SR-21h, or WTZ Zones, consistent with the definition in ORS 215.501.. 4. "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common watt with another residence of any type. For the purposes of this chapter, "single-family dwelling" shall be synonymous with "single -unit dwelling" as defined in DCC 19.04.040.. 5. "Useable floor area" means all areas of an accessory dwelling unit defined as floor area in DCC 19.04.040, exclusive of garages, carports, decks, and porch covers. 6. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit is permitted outright on a lot or parcel zoned UAR-10, SR-21/2, or WTZ, provided all of the following standards are met: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b. An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single-family dwelling. 2. There is no guest-house, temporary dwelling unit as identified in DCC 19.88.090, or additional dwelling units except the primary single-family dwelling established on the subject property. a. An existing lawfully established guesthouse, temporary dwelling unit as identified in DCC 19.88.090, or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit. 3. The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137. 4. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 5. The lot area is at least two acres, 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, 21 S, and 22S and Ranges 9E, 10E and 11 E. Within these exception areas, the lot area is at least five acres. 6. The accessory dwelling unit structure will have a minimum setback of 100 feet from all lot lines abutting properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone(s) and combining zones. 7. The accessory dwelling unit will not include more than 900 square feet of useable floor area. 8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single- family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. a. An existing structure converted to an accessory dwelling unit must be Located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before November 1, 2023. 9. Prior to application, the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment. 10. The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181 A.410. 11. The accessory dwelling unit provides for all of the following: a. Adequate access connecting an accessory dwelling unit with afire protection service provider with professionals who have received training or certification described in ORS 181A.410. Adequate access is met by demonstrating compliance with section 11(a)i and 11(a)(ii), or section 11(a)(iii): (1) A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not less than 13.5 feet. For the purposes of this section, right(s)-of-way are defined as: (A) Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or (B) Private roads, as permitted by DCC Title 19, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and (2) 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: (A) Composed of an all-weather surface including asphalt or concrete; or (B) Designed and maintained to support a minimum gross vehicle weight (GVW) of 75,000 lbs as certified by a Professional Engineer, registered in Oregon; (3) Written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the property meets minimum fire district requirements to provide emergency services to the property. ������r�r.�i:����ii\�■\sl�\�l���l!\\1i 11�t-��l�l�\R71�\�\�r1\�P71 I a:.Tii t.A!P Cka 12-15 r�lvmvg :u:,utii►:a■:.[■iiW.[i[�l�l:■•[LL�liildil.:7:7■rRr[•l•�A �• .M70.1. _ - : _ g 0 07.10• : _ • : _ • - - - -' - -' -- - - - - - _ - - - - - - - - ii_�!T_7!��l�Ta r�r utimuuunou•■a.y■n�wu:�.�•r■•is..ntiair..�•i�n�■►Kr■ri�u► WN ffiolj�lll'w rm. Be RLjLwjWx�MwmWAAm ' 7il; -------------- I WE ilti - Q � � UJ71i:l i - -- - - - - - • • .dill\ll��l•loiMILR1•M M.N. �l�t��h =i•' -= - --= -_ - -- --=- i i i it :i i - - Mwitzeng Map i i■ i WE -, OL716, AN W - - = _ - = = _ - - - - - -.........- i : v r • • _ r i i 12. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. 1-5:13. A lot or parcel with an accessory dwelling unit approved under this section is ineligible for: a. A subdivision, partition, other division of the lot or parcel, or a property line adjustment where the result of such application would be to situate the existing single-family dwelling on a different lot or parcel than the accessory dwelling unit; and b. Placement or construction of any additional dwelling unit, guest- house, or any other temporary dwelling unit as identified in DCC 19.88.090. +6-.14. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department. +7-.15. At the time of application, a letter confirming that the supplier of water is "Willing and Able to Serve" the accessory dwelling unit shall be provided if the accessory dwelling unit is to be served by any water source other than an onsite domestic well. +8 16. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). +9 17. If the water supply source for the accessory dwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted bvthe Water Resources Commission. 20-.18. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk, a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 19.92.160(A)(6) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-014 §9 on 121112023 Amended by Ord. 2025-002 §50 (and edit to (B)(20) citation) on 312812025 Amended_ by_ Ord. 2025-015 §2 on 811312025 FINDINGS STATE WILDFIRE HAZARD MAP REPEAL - TEXT AMENDMENTS I. APPLICABLE CRITERIA: Title 22, Deschutes County Development Procedures Ordinance II. BACKGROUND: Pursuant to Senate Bills (SBs) 83 and 75, Text Amendments are required to remove local references to the State Wildfire Hazard Map originally established by SB 762 and SB 80. The text amendments would also remove all wildfire mitigation standards for Rural Accessory Dwelling Units (ADUs), which were previously governed by the Wildfire Hazard Map. III. BASIC FINDINGS: On June 26, 2025, the Oregon Legislature adopted SB 831. This Bill repeals the State Wildfire Hazard Map which was previously adopted and administered pursuant to SBs 7622 and 80'. Additionally, SB 754 was adopted concurrently with SB 83 and removes all wildfire mitigation building and defensible space standards which were previously activated by the State Wildfire Hazard Map. The proposed text amendments are necessary to align Deschutes County Code with state statutes governing wildfire mitigation building standards. Staff initiated the proposed changes and notified the Oregon Department of Land Conservation and Development on June 30, 2025 (File no. 247-25-000425-TA). As demonstrated in the findings below, the amendments remain consistent with Deschutes County Code, the Deschutes County Comprehensive Plan, and the Statewide Planning Goals. IV. FINDINGS: CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB83 z https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB762/Enrolled 3 https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB80/Enrolled 4 https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB75 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes .org ® www.deschutes.org/cd Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. FINDING: This criterion will be met because the proposal was reviewed by the Deschutes County Planning Commission (Commission) on July 24, 2025 and a public hearing was held before the Board of County Commissioners (Board) on August 13, 2025. 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 is met as notice was published in The Bulletin newspaper on July 13, 2025 for the Board 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: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. 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 has been met. Section 22.12.030 Initiation of Legislative Changes. EXHIBIT C - Ordinance No. 2025-015 Page 2 of 4 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 and has received a fee waiver. This criterion has been met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Commission reviewed the proposed amendments on July 24, 2025. The Board held a public hearing on August 13, 2025. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-25-000425-TA will be implemented by ordinances upon approval and adoption by the Board. V. PROPOSED TEXT AMENDMENTS: The proposed text amendments are detailed in the referenced ordinance with additional text identified by underline and deleted text by strikethro ugh. Below are summary explanations of the proposed changes. Title 18, County Zoning_ Chapter 18.116. SUPPLEMENTARY PROVISIONS - (See Exhibit A) Section 18.116.355. Accessory Dwelling Units In The RR-10 And MUA Zones The proposed changes alter the standards for establishing a rural accessory dwelling units (ADUs) within the Multiple Use Agricultural (MUA10) and Rural Residential (RR10) Zones to match the updated state statutory standards put in place by SB 75, and referenced in ORS 215.495. The modified statutory language: EXHIBIT C - Ordinance No. 2025-015 Page 3 of 4 • Removes the mandatory construction provisions from section R327 of the Oregon Residential Specialty Code that apply to rural accessory dwelling units. • Removes the mandatory defensible space provisions as determined by the Oregon State Fire Marshal that apply to rural accessory dwelling units. Title 19 BEND URBAN GROWTH BOUNDARY ORDINANCE: Chapter 19.92. INTERPRETATIONS AND EXCEPTIONS - (See Exhibit B) Section 19.92.160. Accessory Dwelling Units In The UAR-10, SR-2 1/2, And WTZ Zones The proposed changes alter the standards for establishing a rural accessory dwelling unit (ADU) within the Urban Area Reserve (UAR10), Suburban Low Density Residential (SR 2 1/2), and Westside Transect (WTZ) Zones to match the updated state statutory standards put in place by SB 75, and referenced in ORS 215.495. The modified statutory language: • Removes the mandatory construction provisions from section R327 of the Oregon Residential Specialty Code that apply to rural accessory dwelling units. • Removes the mandatory defensible space provisions as determined by the Oregon State Fire Marshal that apply to rural accessory dwelling units. VI. CONCLUSION: Based on the information provided herein, the staff recommends the Board of County Commissioners approve the proposed text amendments that make minor changes necessary to clarify existing standards and procedural requirements based on the repeal of the State Wildfire Hazard Map. EXHIBIT C - Ordinance No. 2025-015 Page 4 of 4 MEETING DATE: August 13, 2025 SUBJECT: Public Hearing: Text Amendments for Repeal of the State Wildfire Hazard Map RECOMMENDED MOTION: Staff recommends that following the public hearing, the Board commence deliberations and adopt Ordinance 2025-015 by emergency, effective immediately. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will conduct a public hearing on August 13, 2025, to consider amendments to the Deschutes County Code (file no. 247-25-000425-TA). The amendments are intended to remove local criteria for wildfire mitigation building code standards as originally governed by the State Wildfire Hazard Map, specifically for the construction of rural accessory dwelling units (ADUs). Due to public concern, the state legislature repealed the State Wildfire Hazard Map and all associated requirements in June 2025 with the passage of Senate Bills 83 and 75. BUDGET IMPACTS: None ATTENDANCE: Kyle Collins, Senior Planner Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Kyle Collins, Senior Planner Will Groves, Planning Manager DATE: August 13, 2025 SUBJECT: Public Hearing: Text Amendments for Repeal of the State Wildfire Hazard Map The Deschutes County Board of Commissioners (Board) will conduct a public hearing on August 13, 2025, to consider amendments to the Deschutes County Code (file no. 247-25- 000425-TA). The amendments are intended to remove wildfire mitigation code standards for rural accessory dwelling units (ADUs) as originally governed bythe State Wildfire Hazard Map (Hazard Map). Attached to this memorandum is a copy of Ordinance 2025-015, which contains both staff findings summarizing the changes and the proposed text amendments. Within the proposed amendments, added language is shown underlined and deleted shown as strikethrough. All record materials can be found on the project website: bit.ly/0425TA I. BACKGROUND During the 2021 state legislative session, Senate Bill (SB) 762' was passed to help modernize and improve wildfire preparedness across Oregon. SB 762 was subsequently modified by the passage of SB 802 in 2023. These pieces of legislation were developed to address wildfire issues through three key strategies: creating fire -adapted communities, developing safe and effective responses, and increasing the resiliency of Oregon's landscapes. One of the primary components of SBs 762 and 80 was the creation of a comprehensive Hazard Map to guide new wildfire regulations for development. Under SBs 762 and 80, once the Hazard Map was finalized, properties included in both a designated Wildland Urban Interface (WUI) boundary and classified as high hazard would be subject to additional 1 https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB762/Enrolled 2 https://olis.oregonleRislature.gov/liz/2023R1/Downloads/MeasureDocument/SB80/Enrolled development regulations. SB 80 required that, at a minimum, local governments ensure that properties meeting both of these classifications would be subject to: 1) Home hardening building codes as described in section R327 of the Oregon Residential Specialty Code. 2) Defensible space standards as determined by the Oregon State Fire Marshal. Additionally, SB 3913 was passed in 2021 which allowed local jurisdictions to adopt standards for rural ADUs pursuant to certain minimum state standards. Subsequently, SB 6444 was passed in 2023 and modified certain standards included within the state rural ADU program, including additional standards for wildfire hazard mitigation before and after final adoption of the Hazard Map. However, due to public concern the state legislature repealed the Hazard Map and all associated requirements in June 2025 with the passage of SBs 83' and 756. Pursuant to SBs 83 and 75, text amendments are required to remove all local references to the Hazard Map. 111. OVERVIEW OF AMENDMENTS The proposed text amendments remove all wildfire mitigation standards for rural ADUs, which were previously governed by the Hazard Map. These standards to be removed are as follows: • Defensible space standards for rural ADUs, both before and after adoption of the Hazard Map ® Home hardening building codes as described in section � R327 of the Oregon Residential Specialty Code, both before and after adoption of the Hazard Map III. AGENCY AND PUBLIC COMMENTS Notice of the Post -Acknowledgement Plan Amendment (PAPA) was submitted to the Department of Land Conservation and Development on July 1, 2025. One public comment has been received expressing support for the proposed amendments. No agency comments have been received. 3 https://olis.oregonlegislature.gov/liz/2021 R1 /Downloads/MeasureDocument/SB0391 /A -Engrossed 4 https://olis.oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB644/Enrolled 5 https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB83/Enrolled 6 https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/SB75/Enrolled Page 2 of 3 IV. PLANNING COMMISSION REVIEW Staff presented the proposed amendments to the Deschutes Countv Planning Commission (Commission) at a work session on July 24, 20257. The Commission broadly discussed the proposed amendments and acknowledged the necessity of changes to maintain compliance with state statute. Additionally, the Commission asked questions concerning the potential for local wildfire mitigation building standards as authorized by SB 83. Staff relayed that the Board has directed staff to begin a public process for evaluating new local wildfire mitigation standards over the coming months. V. NEXT STEPS At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or • Close the hearing and commence deliberations. Attachments Ordinance 2025-015: Findings and Amendments https://www.deschutes.org/bc-pc/page/planning-commission-71 Page 3 of 3