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Agenda Item - 2020-11-17 - Number 10.1 - Ordinance 2853 CDC Amendments LU 20-0015 10.1 D 0s COUNCIL REPORT 442, ro OREOOt.4 Subject: LU 20-0015—2020 Annual Code Amendments Meeting Date: 11/17/20 Staff Member: Ellen Davis, AICP, Associate Planner Report Date: 11/09/20 Department: Planning & Building Services Department Action Required Advisory Board/Commission Recommendation ❑X Motion ❑X Planning Commission Recommends Approval ❑ Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Enact Ordinance 2853— including Findings and Conclusions [Note: cohousing has been removed from the Ordinance] Recommended Language for Motion: Move to enact Ordinance 2853 Project/ Issue Relates To: Annual code amendments to clarify and refine LOC Chapter 50 ❑X Council Goals/Priorities ❑X Comprehensive Plan ❑Not Applicable Reduce unnecessary regulations ISSUE BEFORE COUNCIL On November 3, 2020, following a public hearing, the City Council tentatively approved LU 20-0015 annual Community Development Code amendments, with the exception of Policy Item #3 Cohousing, which has been removed from the ordinance. Attached Ordinance 2853 finalizes this tentative decision and adopts Findings and Conclusions. EXHIBITS A. Draft Ordinances A-1 Draft Ordinance 2853, 11/9/20 Attachment 1: City Council Findings 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv Page 2 Attachment 2: Code Text Amendments, 11/9/20 (Supersedes version dated 10/16/20) Staff reports and public meeting materials can be found by visiting the project webpage. Use the link below to visit the City's "Project" page. In the "Search" box enter LU 20-0015 then press "Enter": https://www.ci.oswego.or.us/all-projects 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ORDINANCE 2853 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50 (COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CLARIFYING AND UPDATING VARIOUS PROVISIONS (2020),AND ADOPTING FINDINGS (LU 20-0015). WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the manner required by law; and WHEREAS, a public hearing before the Planning Commission was held on September 14, 2020, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, the Planning Commission has recommended that LU 20-0015 be approved by the City Council; and WHEREAS, a public hearing on LU 20-0015 was held before the City Council of the City of Lake Oswego on November 3, 2020, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, through the application of the Community Development Code and related code provisions, the public and Planning Division staff have found that some sections of the Lake Oswego Code, Chapter 50 (Community Development Code) could be improved by removing ambiguous and conflicting language, correcting provisions, adding clarifying text which is consistent with past interpretations, and updating the Community Development Code; and WHEREAS, the amendments enacted by this Ordinance relate to the following provisions of the Community Development Code: • Platting requirements and expiration of permits for lot line adjustments and resource delineations; • RID variances to the long wall plane standard; • Sensitive lands protection fence height; • Utilities exceptions in RP districts for expansion of existing utilities; • Obsolete fence complaint procedure; • Reduction of Protected Riparian Areas (PRA); • Mitigation requirements for resource restoration resulting from a code violation; • Pre-application conferences for in-stream resource enhancement projects; • Clear and objective option for creation of flag lot access lanes; • No parking requirement for outdoor dining; • Manufactured homes in all residential zones; • Definitions of net developable area and density transfer area; • Annual reporting requirement for sensitive lands map corrections; • Bicycle parking requirements for unlisted uses; • Definition of undisturbed slope; Ordinance 2853 (LU 20-0015) PAGE 1 • Obsolete ADU parking requirement; • Fire Code requirements for fire hydrant placement in new development; • Driveway approach location • Lot Coverage in the R-6 Zone • Definitions of community institution and institutional use; The City of Lake Oswego ordains as follows: Section 1. The City Council hereby adopts the Findings and Conclusions (LU 20-0015), attached as Attachment 1. Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby amended by deleting the text shown by strike-through type and adding new text shown in double underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor deleted by this Ordinance.) Section 3. 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 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter, this ordinance shall take effect on the thirtieth day following enactment. Enacted at the meeting of the City Council of the City of Lake Oswego held on the 3rd day of November 2020. Ordinance 2853 (LU 20-0015) PAGE 2 AYES: NOES: ABSTAIN: EXCUSED: Kent Studebaker, Mayor Dated: ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David D. Powell, City Attorney Ordinance 2853 (LU 20-0015) PAGE 3 ATTACHMENT 1 LU 20-0015 (Ordinance 2853) 1 BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 A REQUEST FOR AMENDMENTS TO THE LU 20-0015 COMMUNITY DEVELOPMENT CODE FOR THE CITY OF LAKE OSWEGO 4 PURPOSE OF CLARIFYING AND UPDATING VARIOUS PROVISIONS (2020), AND ADOPTING FINDINGS AND CONCLUSIONS 5 FINDINGS. 6 NATURE OF PROCEEDINGS 7 This matter came before the Lake Oswego City Council on the recommendation of the 8 Planning Commission for legislative amendments to the Community Development Code (CDC) 9 for the purpose of clarifying and updating various provisions. The proposed amendments are 10 to: 11 LOC 50.07.007.3.a.i — Platting 12 LOC 50.07.003.17— Expiration of Development Permit LOC 50.08.003.2.e— Design Variance Classifications 13 LOC 50.08.003.6— Residential Infill Design (RID) Review Variance Criteria LOC 50.05.010.4.d.i(1) —Generally Applicable Standards for Lands with RP Districts, RC 14 Districts, and HBA Protection Areas 15 LOC 50.05.010.6.c.ii(1)(c)—Standards Applicable to RP Districts LOC 50.09.002.6—Complaint Procedures and Corrective Action - Fences 16 LOC 50.05.010.6.b.iii(3)— Buffer Averaging LOC 50.05.010.2.b.ii —Applicability 17 LOC 50.07.003.1.e(i) and (ii)—Application 18 LOC 50.07.007.2.c(i)— Flag Lots LOC 50.03.005.4.b.ii — In Commercial and Industrial Zones 19 Table 50.06.002-3— Minimum Off-Street Parking Space Requirements LOC 50.03.003.1.b— Residential - Permitted Uses 20 LOC 50.10.003.2— Definition of Terms 21 LOC 50.07.004.8.b.iii(a)—Sensitive Lands Designations, Map Corrections and Delineations LOC 50.06.002.2.b—Standards for Approval 22 LOC 50.10.003.2— Definition of Terms 23 Table LOC 50.06.002-3—Minimum Off-Street Parking Space Requirements LOC 50.06.008.4.h —Standards for Construction 24 LOC 50.06.003.2.b—On-Site Circulation — Driveways and Fire Access Roads LOC 50.04.001.2.f.ii — Residential Medium Density Zones 25 LOC 50.10.003.2— Definition of Terms 26 LOC 50.03.002.2— Residential Use Table HEARINGS The Planning Commission held a public hearing and considered this application at its ATTACHMENT 1/PAGE 1— FINDINGS AND CONCLUSIONS (LU 20-0015) 1 meeting on September 28, 2020. The Commission adopted its Findings, Conclusion and Order 2 recommending approval of LU 20-0015 on October 12, 2020. 3 The City Council held a public hearing and considered the Commission's 4 recommendation on November 3, 2020. 5 The following information was presented to the Council at its hearing and added to the 6 record: 7 G-1 Letter from Home Builders Association of Metropolitan Portland, dated 11/2/20 8 G-2 Presentation by First Addition Neighbors/ Forest Hills Neighborhood Association 9 (Carole Ockert), dated 11/3/2020 10 CRITERIA AND STANDARDS 11 12 A. City of Lake Oswego Comprehensive Plan Land Use Planning - Policies A-1, A-2, B-3, C-1, C-3, C-5, and D-1 13 Community Culture - Policies 1, 2, 3, 4 and 5 14 Inspiring Spaces and Places - Goal 1, Policies 1, 2, 8, and 9; Goal 2, Policies 4 (d and e) Complete Neighborhoods & Housing- Policies A-5, B-1, B-2, and C-7 15 Economic Vitality- Policy B-1 16 B. City of Lake Oswego Community Development Code 17 LOC 50.07.003.3.c. Published Notice for Legislative Hearing 18 LOC 50.07.003.16.a Legislative Decisions Defined LOC 50.07.003.16.b Criteria for Legislative Decision 19 LOC 50.07.003.16.c Required Notice to DLCD LOC 50.07.003.16.d.iii Planning Commission Recommendation Required 20 LOC 50.07.003.16.e City Council Review and Decision 21 FINDINGS AND REASONS 22 The City Council incorporates the Planning Commission staff report dated September 3, 23 2020 for LU 20-0015, with all exhibits, and the Findings and Reasons in the Commission's 24 October 12, 2020 Findings, Conclusions and Order, as support for the Council's decision except 25 for findings related to Policy Item #3—Cohousing, supplemented by the City Council's findings 26 below. In the event of any inconsistency between the supplementary findings herein and the incorporated matters, the supplementary findings control. ATTACHMENT 1/PAGE 2— FINDINGS AND CONCLUSIONS (LU 20-0015) 1 Following are the supplementary findings and conclusions of this Council: 2 1. R-6 Lot Coverage (Policy Amendment#2). 3 The Home Builders Association of Metropolitan Portland (HBA) submitted Exhibit G-1 4 and testified in opposition to proposed Policy Amendment#2, stating that it would result in "a 5 dramatic reduction in allowable square footage," cause fewer homes to be constructed in the 6 R-6 District, block "middle housing" construction, and not preserve trees. The First Addition 7 Neighbors/ Forest Hills Neighborhood Association, the recognized neighborhood association 8 for the R-6 zoned area, testified in favor of the amendment, stating that it would simplify the 9 land use regulations by making the R-6 lot coverage methodology consistent with other 10 residential zones, decrease impermeable surface on R-6 lots, and promote design creativity 11 without reducing overall floor area. Neither cited specific comprehensive plan policies 12 regarding the amendment. 13 The Planning Commission considered the HBA arguments and recommended approval 14 of the proposed R-6 amendment. In addition to adopting the staff findings that the proposed 15 amendment would align lot coverage in the R-6 zone with other residential zones, ensure high- 16 quality development across multiple zones and promote a safe and attractive pedestrian 17 environment, the Commission found that the proposed amendment was already applied to 18 smaller lots in the R-5 zone. (Exhibit B-1, pg. 2-3). 19 The Council finds that the amendment complies with the Comprehensive Plan, Inspiring 20 Spaces and Places chapter, Goal 1, Policies 1(a), 2 and 8. The Council finds the amendment 21 increases consistency within the Community Development Code by ensuring that all residential 22 zones use the same methodology to establish lot coverage, and that this methodology works 23 well as already implemented in similar existing zones, such as the R-5 and R-7.5. The 24 amendment will have a relatively small impact on building footprint and reduce lot coverage by 25 6% at most in rare circumstances. Thus, it will not decrease the number of homes to be 26 constructed in the R-6 zone. The benefit of a more consistent and user-friendly zoning code outweighs the small decrease in maximum allowable lot coverage for sloped lots within the R-6 ATTACHMENT 1/PAGE 3 — FINDINGS AND CONCLUSIONS (LU 20-0015) 1 zone. 2 Having a small impact on building footprint, the amendment will not preclude the 3 opportunity for affordable housing, and is therefore consistent with Policy B-1 of the Complete 4 Neighborhoods and Housing chapter of the Comprehensive Plan. Finally, the Council finds that, 5 for the reasons stated above, amending the R-6 zoning district lot coverage methodology to 6 match all other residential zones will not block middle housing or otherwise impact 7 implementation of 2019 HB 2001 . 8 2. Cohousing (Policy Amendment#3) 9 The First Addition — Forest Hills Neighborhood Association raised concerns regarding the 10 Cohousing amendment and asked that the amendment be deferred until the Planning 11 Commission and City Council consider upcoming code amendments relating to HB 2001 and HB 12 2003. The Evergreen, Waluga, Lake Forest, Old Town Uplands, and North Shore/ Country Club 13 neighborhood associations also requested the amendment be combined with the upcoming HB 14 2001 / HB 2003 amendments (Exhibit G-2). 15 The Council elects to defer consideration of the Cohousing amendment. It may be 16 included for review and consideration with the upcoming amendments implementing 2019 HB 17 2001 and HB 2003. 18 19 CONCLUSION 20 With the exception of Policy Item 3: Cohousing amendment, which is deferred for later 21 consideration, the Council concludes that LU 20-0015 / Ord. 2853, as recommended by the 22 Planning Commission, complies with all applicable criteria and should be approved. 23 24 25 26 ATTACHMENT 1/PAGE 4— FINDINGS AND CONCLUSIONS (LU 20-0015) Ordinance 2853 (LU 20-0015) Attachment 2 LOC 50.03.02.3 / TABLE 50.003.02-2 3. COMMERCIAL, MIXED USE, INDUSTRIAL, AND SPECIAL PURPOSE DISTRICTS USE TABLE TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TABLE P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose Use-Specific Use Category Use Type NC WLG[4] FMU Standards [8], GC HCg OC8 r8] CR&D MC R. [4], I [5] CI [31 1 PNA [9] OC RMU 2.5 [7] RESIDENTIAL USES //// PUBLIC,INSTITUTIONAL,AND CIVIC USES 50.03.003.5 Cemetery C Community garden P/C P/C 50.03.003.6.j Community and [10] Cultural Facility Community P PPP P P P [5] P 50.03.003.5.a institutionslnstitutional [10] Use LOC 50.03.003.1.b 1. RESIDENTIAL— PERMITTED USES /// b. Manufactured Homes i. General Provisions (1) Manufactured Homes Permitted on Individual Lots and Parcels Manufactured homes are permitted on individual lots or parcels in all IRti5, R 10, R 7.5, and R 5 residential zones as permitted in Table 50.03.002-1: Residential Districts Use Table, in accordance with the placement standards below and all other provisions of this Code which apply to conventionally built dwellings. LOC 50.02.005.4.b.ii 4. IN COMMERCIAL AND INDUSTRIAL ZONES The following temporary uses are permitted in commercial and industrial zones. Business licenses are required for all temporary commercial activities. b. Seasonal retail sales as detailed below: i. Christmas tree sales from November 26 to December 31. ii. Outdoor r�tirznt Nees and seasonal enclosures, in conjunction with an existing indoor yc\ar round rwtavrRnt,. No additional parking is required. Fireworks sales for July 4th iii. "Pushcart" vendors in the EC and GC zones. Food vendors will have all required Health Department licenses and certificates. Such uses limited to food and flowers. LOC 50.04.001.2.f.ii 2. RESIDENTIAL MEDIUM DENSITY ZONES f. Lot Coverage/Impervious Surfaces—Additional Standards ii. R-6 Lot Coverage/Impervious Surfaces (1) Lot coverage in the R-6 zone shall not exceed the following: TABLE 50.04.001-8: LOT COVERAGE IN THE R-6 ZON Height of Structure Lot size in sq. ft. 20' or >20' to >21' to >22' to >23' to >24' to >25'to >26' to >27, less 21' 22' 23' 24' 25' 26' 27' 7,000 or 45% 43% 42% 40% 38% 36% 35% 35% 35% less >7,000— 36% 36% 36% 36% 36% 36% 35% 34% 33% 8,500 >8,500— 35% 35% 35% 35% 34% 33% 32% 31% 30% 10,000 TABLE 50.04.001-8: LOT COVERAGE IN THE R-6 ZONE Height of Structure Lot size in sq. ft. 20' or >20' to >21' to >22' to >23' to >24' to >25' to >26' to >27' less 21' 22' 23' 24' 25' 26' 27' >10,000 35% 35% 35% 33% 31% 30% 29% 28% 27% 11,500 >11,500 35% 34% 33% 30% 28% 27% 25% 25% 25% (3) For purposcs of regbbting lot coverage in relation to building height, b ildir�g height shall be- �lishcd by a fly plane m asured from the highest point of the n�t►:r:I grade within tho building envelope; provided, the the hoight is no more than four ft. highor than the base height listed in -rabic 50.04.001 3, Residential Medium Density Zonc Dimensions. (3) necks low: than five ft. above grade, stairs, pergelaa, trellises or other landscaping structures, and concrete ckalc4i c6all be exempt from lot coverage calculations. LOC 50.04.003.10.c 10. EXCEPTIONS TO THE MINIMUM DENSITY REQUIREMENT FOR ALL ZONES // c. The number of lots required by the minimum density provisions may be reduced as necessary in any of the following circumstances: i. Where the most appropriate design and location for a stormwater detention or water quality facility is above ground and outside a required open space; or ii. Where in order to comply with the minimum density requirement it would be necessary to develop in a floodplain; or iii. Where topographic, natural resources and/or soil constraints exist on site, to the extent that an applicant can demonstrate that compliance with LOC 50.06.006.2, Hillside Protection, LOC 50.05.010, Sensitive Lands Overlay Districts, or other soil constraints regulated by the City's Codes or the State of Oregon Uniform Building Code, would preclude development such that the minimum number of lots could not be developed; or iv. Where an application is for land division approval using the HBA incentives in LOC 50.05.010; or v. Where the total number of residential dwelling units resulting from the development will be at least 80% of the maximum number permitted in the zone. For the R-0, R-2 zones, the minimum lots per acre and methodology specified in LOC 50.04.001.3.a, Residential High Density Zones, shall be used for calculating minimum density. For the R-DD zone, the minimum lots per acre and methodology specified in LOC 50.04.001.2.a, Residential Medium Density Zones, shall be used for calculating minimum density; vi. Where the location of an existing dwelling is such that the applicant can demonstrate that other requirements of this Community Development Code cannot be met if the minimum required number of lots is developed. vii. Public Dark land. if transfer of the land from the development site is accepted by the governmental agency. LOC 50.05.010.2.b.ii 2. APPLICABILITY This section applies to all lands designated RP or RC on the Sensitive Lands Map, and lands designated HBA where an HBA protection area is established pursuant to LOC 50.05.010.7. // b. Exceptions—General The provisions in this section shall not apply to: ii. Resource restoration mitigation required as a result of violation of this section or pursuant to settlement of a potential enforcement action by the City Manager, subject to City Manager approval of the restoration plan and procedures and the reauirements of LOC 50.05.010.2.f. iii. Routine maintenance and repair of existing legal development, including nonconforming structures and landscaping. (See also specific exception for normal or emergency replacement of utility, below.) LOC 50.05.010.4.d.i(1) 4. GENERALLY APPLICABLE STANDARDS FOR LANDS WITH RP DISTRICTS, RC DISTRICTS, AND HBA PROTECTION AREAS // d. Construction Standards An owner shall submit a construction plan and narrative to the City Manager prior to any grading, clearing, or construction on a development site which contains an RP or RC district, or where the owner received development review approval under LOC 50.05.010.7 Habitat Benefit Areas (HBA) Incentives. The construction plan and narrative shall demonstrate that the following standards will be met: i. RC protection areas or RC districts where no protection areas have been approved, RP districts, and protection areas within an approved HBA development shall be protected during construction with either: (1) A minimum &four-ft. tall chain link fencing secured with a minimum of&+four- ft. tall steel posts.The fencing shall be in place and maintained for the duration of construction. In addition, temporary signage shall be placed on the fencing which shall clearly identify the resource district and shall state the penalty for violations of this section; or (2) Such alternative method to subsection 4.d.i(1) of this section that is approved by the City Manager to demarcate and protect the RCPA or RC/RP district from the adverse effects of construction activity upon the resources. LOC 50.05.010.6.b.iii(3) and c.ii(1)(c) 6. STANDARDS APPLICABLE TO RP DISTRICTS b. RP District and Construction Setback Requirements iii. Reduction of RP District The reviewing authority may allow the protected riparian area to be reduced when the applicant shows that: (1) The proposed development complies with LOC 50.05.010.4.f, Progressive Mitigation Steps Required; and (2) The reduction in protected riparian area is not solely for the purpose of maximizing development of the site; and (3) Development abuts a Class I or II resource (I) The reviewing authority may allow portions of the protected riparian area abutting a Clssc I rw.aurce to be reduced to a minimum of 15 ft. abutting a Class resource. or 10 ft. abutting a Class II resource if: (al) A qualified professional demonstrates that such an adjustment will not reduce the functions and values of the resource as a whole; and (iib) The width is increased in other areas to maintain a 25-ft., 30-ft., or 50-ft. average width. whichever is applicable: and.- Oa) The reviewing authority may allow portions of the protected riparian wry abutting a Clasc II resource to be reduced to : minimum of ten ft. if: (i) A qualified professional demonstratcx+ham* ✓�ch an adjustment will not reduce the functions and values of the resource as a whole; and (+i) The ‘v.kth is incr ased in other ar as tic maintain a 25 ft. average width; and (4) The reviewing authority may permit a protected riparian area that is less than the average minimums required in the subsections above, when a qualified professional shows that such an adjustment will not damage the system as a whole, and one of the following conditions exists: // c. RP District Development Standards // ii. Except as provided in subsection 6.d of this section, Exceptions Where the RP District Prohibits All Reasonable Development Opportunities, all development listed in subsection 6.c.i of this section is subject to environmental review and shall comply with the following standards: (1) Specific Development Standards // (c) Utilities Placement/New Construction: Public or private utilities shall not be placed or expanded within an RP district unless tunneling under a resource will not cause any adverse effect upon the resource and the functions and values of a resource will be maintained, or there is no other practicable alternative. If a public or private utility is allowed within an RP district, mitigation shall be required pursuant to LOC 50.05.010.4.e through 50.05.010.4.g. When applying the mitigation process to this section: // LOC 50.06.002.2.a / Table 50.06.002-3 2. STANDARDS FOR APPROVAL a. Vehicle Parking /// TABLE 50.06.002-3: MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS Type of Use Parking Space Required [1] FOOTHILLS MIXED USE ZONE I/I OTHER AREAS (A) RESIDENTIAL 2. Accessory dwelling unit 1 space per unit (in addition to 1 space required €x rein dwslling ►:nit). ice LOC 50.03.00/.1.b.vi(1)(a)for siting standard. None (ORS 197.312(5)(b)) [1] Gross floor area does not include any parking area. [2] Seasonal restaurant enclosures: No additional parking spaces required. [3] Farm stands: When accessory use, no additional parking spaces required. F41 No additional narking is reauired for outdoor restaurant uses or seasonal restaurant enclosures. in coniunction with an existing indoor year-round restaurant. 50.06.002.2.b / Table 50.06.002-6 2. STANDARDS FOR APPROVAL b. Bicycle Parking ABLE 50.06.002-6: MINIMUM REQUIRED BICYCLE PARKING SPACE Use Categories Specific Uses Number of Required Spaces FMU ZONE: ABLE 50.06.002-6: MINIMUM REQUIRED BICYCLE PARKING SPACES Use Categories Specific Uses Number of Required Spaces // ALL OTHER ZONES Warehouse and Freight 2, or 1 per 40,000 sq. ft. G.F.A. Movement Manufacturing and Production 2, or 1 per 15,000 sq. ft. G.F.A. Industrial Park Other than manufacturing and 2, or 1 per 10,000 sq. ft. G.F.A. warehousing USES NOT SPECIFICALLY MENTIONED Parking reauirement for Use Categories and/or Specific Uses not specifically listed above shall be determined by the reauirements for bicycle parking spaces for the Use Category/ Specific Use which. as determined by the City Manager. is most similar to the use not specifically listed. Notes: //// LOC 50.06.003.2.b.i 2. ON-SITE CIRCULATION — DRIVEWAYS AND FIRE ACCESS ROADS // b. Standards for Approval i. Driveway Approaches— Locational Limitations and Restrictions // (5) The maximum width of a driveway approach, measured where the edges of the driveway meet the right-of-way, shall be governed as follows: (a) Single-family residential with garage door(s) facing the street: 12 ft. per garage or carport stall, or surface parking space, but not to exceed 30 ft. (b) Single-family residential with side-loading garage: 24 ft. (c) All other uses: 24 ft. unless otherwise justified by the recommendations of a traffic study. 161. The driveway approach shall be within the right-of-way bounded by the extension of the lot's side or street side lot lines. // 50.06.004.1.b.i and ii 1. LANDSCAPING, SCREENING, AND BUFFERING // b. Standards for Approval i. Commercial, institutional, and industrial development, other than in the Office Campus zone, shall provide a minimum of 15% of the net developable area in landscaping and/or open space visible from off site, including courtyards, planters, raised beds, espaliers, etc. Developments involving office campus and major public facilities shall provide a minimum of 20%. Exception: The area of public park land. if transfer of the land from the development site is accepted by the governmental agency. may be deducted from the landscaping area reauirement. ii. Multi-family and manufactured home park development must provide 20% of the net developable area in landscaping in addition to the park and open space requirements. Exception: The area of public park land. if transfer of the land from the development site is accepted by the governmental agency. may be deducted from the landscaping area reauirement. // LOC 50.06.005.3.b 3. STANDARDS FOR APPROVAL b. Required Open Space— How Provided i. Open space land in commercial, institutional, public use, industrial and office campus development may be provided as a combination of reserved land and landscaping. ii. Where no RP or RC district resources sr Ise;lslis 1&\-2,rlc land-is located on the site, the open space requirement can be met by protecting designated Habitat Benefit Area (HBA) area pursuant to LOC 50.05.010.7, by protecting nondesignated natural resource areas, and/or providing landscaping which meets the requirements of the landscaping standard. iii. Public park land. if transfer of the land from the development site is accepted by the governmental agency. LOC 50.06.008.4.h 4. STANDARDS FOR CONSTRUCTION // h. Design, including materials, size and location of water mains, service lines, valves and hydrants, shall be in accordance with City Engineering Division's policies, design standards, technical specifications and standard details and be approved by the City Manager. Hydrants shall be located at intersectievic anc' intervals of no more then 500 ft. from intersections in major developments with the exception thot multi family unity ohe;l locate a hydrant within 500 ft. of residont:l buildings. For mcjor or minor pit t;ons which crc�t2 ,� new lot or lots, a #ydrx t's.hcll be no farther than 1,000 ft. from any of the lotsas reauired by the Oregon Fire Code. LOC 50.07.003.1.e.i 1. APPLICATION // e. Pre-Application Conference i. A pre-application conference with the City Manager is required for: (1) Minor and major development permit applications; and (2) Ministerial permit applications: for any type of accessory dwelling unit (ADU) that is not a conversion of existing floor ar a (including the garage floor arca) in a primary structure. An ADU created by an addition to a primary structure is not c conversion. An ADU that is located in an accessory structure is not a conversion. IA) For any type of accessory dwelling unit (ADU)that is not a conversion of existing floor area (including the garage floor area) in a primary structure.An ADU created by an addition to a primary structure is not a conversion.An ADU that is located in an accessory structure is not a conversion: and JB) Resource enhancement oroiects that involve work within a stream or wetland other than removal of invasive species and planting of vegetation. Exception: Exterior paint color review on nonhistoric buildings; modifications to an approved development permit where there is no increase in the intensity of the use and no new building permit would result; City projects to construct a nonhabitable structure not abutting a residential property; and minor variance to the fence standards when proposed to resolve a code enforcement citation. Pre-application conferences must be scheduled by the applicant prior to submitting an application for development or prior to submitting for a building permit for an ADU that is // LOC 50.07.003.17.a 17. EXPIRATION OF DEVELOPMENT PERMIT a. Except as otherwise provided in LOC 50.07.007.3, 50.07.007.4.f, 50.07.005.5. another provision of this Code, or as specifically stated as a condition of approval of a development permit, any permit issued under this Code shall expire three years following the final decision and effective date of any order constituting or approving the development permit unless: i. If development involves construction of a structure, at least 15% of the structural construction has occurred within three years of the date of final decision. For major public facilities, the three-year limitation does not apply to a Conditional Use Permit (or modification) and a Development Review Permit (or modification) is subject to a five-year deadline; and ii. Development authorized by the permit is commenced and work has reasonably continued to completion of the development. If the permit does not involve physical construction or development on the site (e.g. lot line adjustments and resource delineations). the document finalizing the approved development action must be filed. recorded or such other action as provided in the approval or as reaujred by law to give effect to the approval (e.g. recording the approved adjustment or delineation survey). within the three-year period. If not. the approval expires. // 50.07.004.8.b.iii(a) 8. SENSITIVE LANDS DESIGNATIONS, MAP CORRECTIONS AND DELINEATIONS b. Map Corrections A map correction may be initiated by the City Manager or the owner of any lot containing an RC or RP district. /// iii. Based on information provided by the property owner, as applicable, and such maps, aerial photographs, prior resource delineations, and studies or reports prepared by qualified professionals, etc., the City Manager shall select the applicable review procedure, which shall be: (a) Ministerial Development Decision, for corrections to scrivener's errors. The Sensitive Lands Map shall be updated with each correction and the updates. 0011 b1 reported to the Planning-Gcrmineion and City Council not lore than annc�I�S; (b) Minor Development Decision, for map corrections other than scrivener's errors; or (c) Legislative Decision, for map corrections affecting more than a small number of identified properties. LOC 50.07.007.2.c.iii 2. FLAG LOTS c. Access i. When creating flag lots, the reviewing authority shall require that access to the flag lots is consolidated into a single shared access lane with the non-flag lot(s) or off site,- wherever practicable. If not practicable, then new lots may have individual access points. /// LOC 50.08.003.2.e. 2. DESIGN VARIANCE CLASSIFICATIONS e. Residential Infill Design (RID) Review Except for properties located in the R-DD zone or a design district, variances from any of the following standards for residential dwellings and accessory structures where those standards prevent development that is otherwise compatible with the character of the neighborhood and surrounding residential development: i. Floor area; ii. Lot coverage; iii. Building height; iv. Yard setbacks; v. Street front setback plane; vi. Side yard setback plane; vii. Side yard appearance and screening; viii. Garage appearance and location; ix. Accessory structure standards; x. Oswego Lake setbacks; a-n-el- xi. Oswego Lake setback height and footprint requirements in LOC 50.04.003.7.b; provided, that no accessory structure may exceed 18 ft. in height and no boathouse footprint may exceed 800 sq. ft.: and xii. Lone wall olanes. 50.08.003.6.a and c 6. RESIDENTIAL INFILL DESIGN (RID) REVIEW VARIANCE CRITERIA /// a. Residential Dwelling or Accessory Structure Size A variance to the following standards may be approved when a more compatible, positive relationship between the size of a proposed residential dwelling or accessory structure and the scale and character of a neighborhood can be demonstrated in other ways: Floor area; Lot coverage; Yard setbacks; Building height; Accessory structures; Boathouse footprint in the Lake Oswego setback; a-1,144 Lone wall planes: and Height of accessory structures in the Oswego Lake setback (except as limited by LOC 50.08.003.2.e.xi). /// c. Relationship to the Neighbors A variance to the following standards may be approved when a more compatible, positive relationship between a residential dwelling or accessory structure and the scale, character and privacy of its neighbors can be demonstrated in other ways: Side yard setback; Side yard setback plane; a Side yard appearance and screening; and Lone wall °lanes. LOC 50.09.002.6 G. CVMPLAINT PROC€$UR€S AND COR•R€ETA€-AC—TION _ FENCES Complaint Procedures If a complaint is received by the City that the structural ride of a fence or retaining wall faces the public, the City shall require the property owner to provide evidence to City staff of the written consent of all abuttng property owners to construct the fence or rota ning well in c& a manner and shall provide design plans .-}-lowing both sides of the fence or rcta ning wall in elevation and plan. Based upon the evidence provided, staff shall determine compliance with this Section. If the property owner is unable to provide such evidence, the City shall notify the property owner(s) in writing regarding corrective action requirements. Within 30 days of the date of mailing of the notice, the property owner(eJ, shall provide a corrective action plan subject to the approval of the City. b. Corrective Action Corrective action shall require the strucral :ide of the fence or retaining wall to face the owner's property or the written consent of all cbuttng property ownorc cm described in subsection (a) of this section. 50.10.003.2 2. DEFINITION OF TERMS The following terms shall mean: // A building or buildings occupied 29 a place of worship or for a pubkc or private oal u al, fraternal, or civic in i ton, such as a church, mom, or rotary club, and operated by a public service organization, or a religious or chcx itublc entity. It does not include governmental facilities or educational ins< t'on2 unrelated to tha // Institutional Use Private educational, fraternal, religious facilities and private or public cultural, civic, religious or social welfare facilities. It does not include governmental Governmental facilities or public schools (are defined and regulated as see "Public Facility". // Net Developable Area Gross area (at 43,560 sq. ft. per acre), including density transfer ar a on residentially designated land, less .. Tthe area in street right-of-way or access easements, except that the area of a vehicular access easement created by a minor partition shall not be deducted. For public streets, use the actual area if known or 20% of the gross area. For private streets use actual area if known or 40 ft. right-of-way. For vehicular access easements use actual area of easement; and, h. Public open space easement or dedication, if accepted by the City. Undisturbed Slopes Slopes, or portions of slopes, that have not been previously altered from the of natural topography. vegetation, and soils that have not been previously altered for slope stability, i.e., re- contoured, graded, and/or terraced, and the altered alteration of the slope was either performed in accordance with or subsequently approved by a licensed geotechnical engineer, registered civil engineer experienced in soils engineering, or licensed engineering geologist. Undisturbed slopes consist of natural topography, vegetation, and soils.