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2811 Effective Date: February 1, 2019 ORDINANCE 2811 An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating LOC 15.06.610 (Oregon Fire Code), LOC 34.10.535 and LOC 42.08.410 (Relating to Keeping Sidewalks Clear), LOC 42.19.050 (Removal of City Manager policies for Sidewalk Cafés and Sidewalk Displays) and the following sections of the Tree Code: LOC 55.02.050 (Application), 55.02.084 (Mitigation), and 55.08.055 (Type II Hearing Procedures), and repealing LOC 34.06.155 (Begging). Whereas, through the application of the Lake Oswego Code, staff of the City Manager's Office, City Attorney's Office, and the Engineering Dept. and Planning and Building Services Dept. have found that some sections of the Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting provisions, and updating the certain articles of the Lake Oswego Code; and removing permitting requirements for sidewalk cafes and sidewalk displays; The City of Lake Oswego ordains as follows: Section 1. The Lake Oswego Code is hereby amended by adding the text shown in bold, double- underlined type and deleting the text shown in strikethrough type as set forth on Exhibit 1. (Section or subsections within the Lake Oswego Code that are not marked for deletion or addition are neither amended nor deleted by this Ordinance.) Section 2. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Pursuant to Section 35.0 of the Lake Oswego Charter, this ordinance shall take effect on the thirtieth (30th) day following enactment. // // // Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 2nd day of January, 2019. AYES: Mayor Studebaker, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff, Manz NOES: None ABSTAIN: None EXCUSED: None Kent Studebaker, Mayor Dated: 3, 020( ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell City Attorney Ordinance 2811 Page 2 of 2 Exhibit 1 to Ord. 2811 Non-CDC Annual Code Updates LOC 15.06.610 Oregon Fire Code Adopted. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the 2014 Oregon Fire Code (as adopted by OAR 837-040). Such a code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section. 3. Section 503.2.1 is amended to read as follows: Dimensions. Fire apparatus access roads shall have an unobstructed width and uniform surface of not less than 15 feet one way, 20 feet if two way and a vertical clearance of 13'6", unless an exception is approved by the City Engineer and Fire Chief. Private roads or public streets where landscaping islands are used shall be considered one way each direction at the island. Exceptions—Single family dwellings on lots: a. Driveway serving one lot: a 12 ft. paved driveway surface, with a 1.5 ft. shoulder on each side, is permitted. b. Minimum dimensions for an Access access lane serving 2—43 lots: a 12 ft. paved access lane surface,with a 4 ft. shoulder on each side, is permitted if the habitable structures on all lots provide an alternative suitable method of fire suppression, i.e., automatic fire sprinkler systems, approved by the Fire Marshal. c. Access lane serving 5 8 lots: a 16 ft. paved access lane surface, with a 2 ft. shoulder on och side, is permitted if the habitable structures on all lots provide ar} alternative suitable method of fire suppression, i.e. automatic fire sprinkler systems, approved by the Fire Marshal. Note: No parking is permitted on fire apparatus access roads that have a width less than 26 feet wide. 31.06.155 Begging. [Repealed]. 1. It shall be unlawful and a civil violation for any person to beg, solicit alms or other gratuities upon the streets or in any public place, provided, however, that this section shall not apply to the solicitation of gratuities by a charitable, fraternal or religious organization. 2. As used in this section, "charitable, fraternal or religious organization" m ons any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educations, civil,fraternal or other non profit purposes and who is also exempt from payment of federal income taxes because of its charitable, fraternal or religious purposes. 34.10.535 Sidewalks to be Kept Clear of Water,Snow, Debris, Etc. It shall be unlawful for the owner, lessee or occupant of any building or structure to permit water, ice or snow to fall from any such building or structure upon any streets or—sidewalk or public pathway,to flow across any such streets er—sidewalk,or public pathway or to collect upon any sidewalk or public pathway. Every such owner, lessee or occupant shall at all times keep and maintain in a proper state of repair adequate drain pipes or a drainage system sufficient to carry to the sewer, gutter, drywell or drainage ditch any overflow water accumulating on the roof or about such building. A violation of this section is a civil violation and a public nuisance. Page 1 - Exhibit 1 to Ord. 2811 42.08.410 Sidewalks to be kept in repair and clean by owner. 1. It shall be the duty of owners of property: a. -aAbutting or lying adjacent to sidewalks constructed upon the public streets to keep such sidewalks, and the property lying between such sidewalks and the adjacent and abutting property, or b. When a public sidewalk or pathway is within a public easement on the property,to keep such sidewalks and pathways, abutting property, in good repair and free from obstruction and to keep the same clean of debris, leaves and any growing material and ice and snow, and free of any other object or matter which may impede or render hazardous the use of the sidewalk/pathway and, if applicable, property lying between the same and abutting and adjoining property. 2. A property owner shall remove ice and snow from such sidewalks/pathways as hereinbefore required within four hours after daylight when the same shall have accumulated during the night hours or within two hours after the end of a snow fall occurring during daylight hours. 3. A violation of this section is a civil violation and shall be enforced pursuant to the provisions of LOC 34.04.101 to 34.04.145. 42.19.050 General Provisions. 1. A sidewalk cafe may be located only in the following zones: NC, GC, HC, EC, MC, WLG OC, CR&D, or FMU. A sidewalk display may be located only in the following commercial zones: NC, GC, EC, or FMU. 11. Upon termination of a sidewalk cafe or sidewalk display, all furniture, equipment and other items placed on the sidewalk pursuant to the operation of the sidewalk cafe or sidewalk display shall immediately be removed and the sidewalk returned to its original condition. 12. In the event that the person operating the sidewalk cafe or sidewalk display fails to comply with any provision of this article,the City Manager may summarily abate the noncompliance and the person shall pay the City all costs incurred in relation to such abatement. 13. In addition to the specific requirements of this article, sidewalk cafes and sidewalk displays shall or operation of the sidewalk cafe or sidewalk display. 4-413. By operating a sidewalk cafe or sidewalk display,the operator agrees to and shall indemnify, defend, and hold the City of Lake Oswego, its officers and employees harmless from any and all claims or causes of action arising out of or relating to the operator's use of the public sidewalk. 55.02.050 Application for Permits. 1. An application for a tree cutting permit shall be made upon forms prescribed by the City. a. Invasive Tree Species Removal Permit. An application for an invasive tree species removal permit shall contain: i. Photograph(s)that positively identify the tree species; ii. The number, DBH, species, and location of the trees proposed to be cut on a site plan of the property. For large forested tracts, the City Manager may accept an estimate of the number of invasive trees to be removed with a site plan indicating the estimated number, location, DBH, and species; Page 2 - Exhibit 1 to Ord. 2811 iii. Information as to whether the tree is located in a public right-of-way, is within a Resource Conservation or Resource Protection overlay district, or a required protection area for a Habitat Benefit Area, or is part of an approved landscape or mitigation plan; and iv. A mitigation plan, if rcquircd pursuant to LOC 55.02.084(1), with information showing proposcd planting of any new trees to replace the invasive trees to be removed; and iv. Any other information reasonably required by the City. b. Other Tree Removal Permits. An application for a tree cutting permit that is not for an invasive tree species removal permit shall contain: i. The number, DBH, species and location of the trees proposed to be cut on a site plan of the property, except as provided for a major forest management permit application under LOC 55.02.072(4); ii. A forest management plan, where an application is for a major forest management permit under LOC 55.02.072(4).The application shall provide an estimate of current and proposed stocking levels (number and basal area) of trees six in. or greater DBH by general categories of trees(e.g., evergreen-conifer, evergreen-broadleaf, deciduous, etc.), and identify the names of the predominate tree species representing each category; iii. The anticipated date(s) of removal (starting and stopping dates); A statement of the reason(s) for removal; v. A mitigation plan, if required pursuant to LOC 55.02.084(1), with information showing any trees to replace the trees to be removed; ivi. A landscape plan for Type II tree removal if the purpose is to carry out the plan; and vii. Any other information reasonably required by the City. [Subsections 2 and 3 not reproduced here as there is no change in those subsections.] 55.02.084 Mitigation Required. 1. An applicant shall provide mitigation for any tree permitted for removal,with the exception of the following: a. Dead trees; b. Hazard trees; c. Emergency trees; d. Trees that are removed under a Type I permit; e. Invasive tree species, except as provided in subsection (2) of this section; f. Tree removal under an approved minor forest management permit pursuant to LOC 55.02.072; restocking may be required for major forest management permit under LOC 55.02.072(4); g. When part of a resource enhancement project,the species, number, and size of mitigation trees shall follow the resource enhancement plan approved under LOC 50.05.010.5.c.iii(7) or 50.05.010.6.c.ii(1)(f). 2. Mitigation for invasive tree species removal is required when: a. The removal is from a public right-of-way and replanting is recommended by the Public Works Director; b. The removal is from an RP or RC district, or HBA protection area, except as approved as part of a resource enhancement project; or c. The tree was planted as part of a previously approved mitigation plan or landscaping. 3. Mitigation shall be required for any tree removal in violation of the Tree Code, excluding trees removed without permit by topping. Page 3 - Exhibit 1 to Ord. 2811 4. The mitigation requirement shall be satisfied as listed belowfollows:. Except where subsection c below applies, a mitigation plan shall be submitted showing the location, size, and species of mitigation trees, or in the case of large forested tracts, restocking of any new trees to replace the trees to be removed. a. Replanting on Site.The applicant shall plant, for each tree removed: i. Invasive Tree Species Removal Permit: Removal from a public right-of-way or from an approved landscape plan, either a minimum 1.5 in. caliper deciduous tree (measured six in. above the root ball) or a minimum six-foot-tall evergreen tree for each tree removed. Removal from a Resource Conservation or Resource Protection overlay district, or Habitat Benefit Protection Area, either a minimum 0.5 in. caliper deciduous tree or a minimum two-foot-tall evergreen tree. ii. Type II Permit: Either a minimum 1.5 in. caliper deciduous tree or a six-foot-tall evergreen tree for each tree removed. Mitigation for the removal of a native tree on the City's Master Plant List shall be with a species from the Native Mitigation Tree List. A. Exception: Removal of a tree identified as a significant tree for development purposes shall require two minimum 1.5 in. caliper deciduous trees (measured six inches above the root ball) or a minimum of two six-foot-tall evergreen trees for each tree removed. B. Exception: If tree removal is for the landscaping purpose of thinning to improve the health of other trees, mitigation shall be reduced to the extent there is insufficient space to replant elsewhere on the site and maintain tree health. iii. Other Tree Cutting Permits: Either a minimum 1.5 in. caliper deciduous tree or a six-foot- tall evergreen tree for each tree removed. Mitigation for the removal of a native tree shall be with a native species. The tree shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. b. Replanting Off Site. If in the City's determination there is insufficient available space on the subject property,the replanting required in this section shall occur on other property in the applicant's ownership or control within the City, or in an open space tract that is part of the same subdivision. Such mitigation planting is subject to the approval of the authorized property owners. The City may specify the species and size of the tree. c. Payment in Lieu of Planting. If in the City's determination no feasible alternative exists to plant the required mitigation,the applicant shall pay into the tree fund an amount as established by resolution of the City Council. 5. Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees. 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit. 1. The applicant, neighborhood association, or any person who submitted written comments may request a hearing on a Type II tree cutting permit following issuance of the tentative decision by filing a written request for hearing, along with the applicable hearing fee as established by resolution of the City Council,with the City Recorder, within seven days of the date the notice of tentative decision was given pursuant to LOC 55.02.082. Failure to file within the seven-day period shall preclude such a request. 2. Requests for hearing shall be heard by the Development Review Commission (DRC), which shall hold a public hearing on the request.The City shall send notice of the hearing to the applicant,the recognized neighborhood association for the area in which the subject property is located, and to any person who submitted written comments.The notice shall be sent at least 10 days in advance of the hearing. 3. The DRC hearing procedures shall be as follows: Page 4- Exhibit 1 to Ord. 2811 a. The DRC shall hear testimony from the applicant,followed by those in favor of the application,those opposed to the application (beginning with the person who requested the hearing if different from the applicant), and concluding with rebuttal by the applicant; b. Any person may testify before the DRC-; and c. Except as provided in subjection (a) above, the hearing shall be conducted in the same manner as provided in LOC 50.07.003.4.a.i-x, and 4.b-e. Following the close of the public testimony, the DRC shall determine, based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC 55.02.080.The findings, conclusions, and order shall contain the DRC's reasons for approving, approving with conditions, or denying the permit. 4. A decision of the DRC shall not become final for 10 days from the date of adoption of written findings. Any person who appeared before the DRC either orally or in writing may appeal the decision of the DRC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by resolution of the Council, with the City Recorder within 10 days of the date of adoption of the DRC's written findings, conclusions and order.The findings, conclusions, and order and minutes of the DRC's meeting, along with any written staff reports or testimony, shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least 10 days in advance of the Council hearing to those persons who appeared before the DRC. The hearing before the City Council shall be on the record established before the DRC and only persons who appeared before the DRC orally or in writing may testify.The appellant shall testify first, followed by persons in favor of the appeal, persons in opposition to the appeal (beginning with the applicant if different from the appellant), and concluding with rebuttal by the appellant.The Council's hearing shall follow the same procedures set forth in LOC 50.03.007.7.d-f(except the minimum time the staff report must be available for review prior to the appeal hearing is three days), 7.h-I, m (except any land use review deadline is not applicable), 7.n, and 7.o(i—iv)and dccision shall othcrwisc comply with subscction (3) of this scction.The decision of the Council shall be final. Page 5 - Exhibit 1 to Ord. 2811