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Agenda Item - 2022-12-20 - Number 6.02 - Ordinance 2917, Clarifying, Revising, and Updating the Lake Oswego Code 6.2 o�c t COUNCIL REPORT �� 0 AEG% Subject: Ordinance 2917, Annual Updates for Non-CDC Code Provisions (2022) Meeting Date: December 20, 2022 Staff Member: Evan Boone and representatives of City Manager's Office, Planning and Fire Departments Report Date: December 11, 2022 Department: City Attorney's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial 0 Ordinance ❑ None Forwarded ❑ Resolution 0 Not Applicable ❑ Information Only Comments: ❑ Council Direction 0 Consent Agenda Staff Recommendation: Second Reading of Ordinance 2917 by title only: "An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022)," and enact Ordinance 2917. Recommended Language for Motion: Move that the second reading of Ordinance 2917 by title only: "An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022)" be enacted. Project/ Issue Relates To: N/A Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) Not Applicable BACKGROUND This is an annual update of the Lake Oswego Code chapters other than LOC Ch. 50 Community Development Code (CDC) to clarify and revise various code sections. These amendments are proposed by various departments in on-going effort to update the code and make regulations Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 more usable for residents and City staff. (Updates to the CDC are brought to the Council separately by the Planning Department through the land use legislative public hearing process.) The proposed Code amendments are combined into a single Ordinance for public and Council review. No prior study session was held before the Council. On December 6, the Council removed the code amendment relating to LOC 12.02.060 Council Expense Allowance and read Ord. 2917 for the first time by title only. At this December 20 meeting, the second reading by title only (within the recommended motion) and enactment may occur. DISCUSSION The proposed revisions affect the following provisions of the Code: • LOC 12.20.805 ("Emergency" explained) • LOC 12.20.820 (Authority) • LOC 12.20.830 (Regulation and Control of Persons and Property) • LOC 14.02.055 (Threshold Inquiry; Protective Search) • LOC 15.06.610 (Oregon Fire Code Adopted) • LOC 47.06.205 (Permanent Signs Exempt from Permit and Fee) • LOC 47.06.415 (Permanent signage Requiring Permit ... (PF zones)). • LOC 55.02.085 (Request for Public Hearing on a Type II Tree Cutting Permit) Below is a list of the respective staff contact person for Councilor inquiries: • Megan Phelan, City Manager's Office, (503) 635-0281, mphelan@lakeoswego.city o LOC 12.20.805 ("Emergency" explained) o LOC 12.20.820 (Authority) o LOC 12.20.830 (Regulation and Control of Persons and Property) • Evan Boone, City Attorney's Office, (503) 635-0225, eboone@lakeoswego.city o LOC 14.02.055 (Threshold Inquiry; Protective Search) o LOC 55.02.085 (Request for Public Hearing on a Type II Tree Cutting Permit) • Gert Zoutendijk, Fire Department, (503) 699-7454, gzoutendijk@lakeoswego.city o LOC 15.06.610 (Oregon Fire Code Adopted) • Jessica Numanoglu, Planning Department, (503) 635-0283 jumanoglu@lakeoswego.city o LOC 47.06.205 (Permanent Signs Exempt from Permit and Fee) o LOC 47.06.415 (Permanent signage Requiring Permit ... (PF zones)) Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 3 (The City Attorney's Office's role has been to compile the Code maintenance revisions from other affected departments and to assist in preparing the commentary; the department representatives can respond to any detailed questions.) ALTERNATIVES Remove the matter from the Consent Agenda and direct staff to revise the ordinance to enact some of the proposed code amendments. RECOMMENDATION Second Reading of Ordinance 2917 by title only: "An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Various Provisions of the Lake Oswego Code (Other Than LOC Chapter 50)(2022)," and enact. ATTACHMENTS 1. Code Amendments with Commentary 2. Ordinance 2917, with Exhibit 1 Code amendments (no commentary) Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 Ord. 2917 Page 1/9 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 12.20 EMERGENCY CODE 12.20.805 "Emergency" explained. The state of emergency exists whenever the City or any area therein is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare; such an event shall include, but not be limited to, the following: 1. A civil disturbance or riot; 2. A disaster such as flood, windstorm, earthquake,or fire, explosion or 3. An epidemic pandemic,or public health emergency; 34. The declaration of a war caused national emergency; 5. Any other emergency declared by the State,or Clackamas, Multnomah,or Washington counties; 46. Any major disruption of community services such as transportation, power supply, water service or communications. Staff Comment: Expands categories of emergencies, as the COVID 19 pandemic has shown that there are names for different degrees of health emergencies, all of which can have the same effect in terms of the need to declare a state of emergency. Adds emergencies that may be called by the State of Oregon or the counties in which Lake Oswego is located. 12.20.820 Authority. When, in the judgment of the City Manager or designee, a state of emergency exists,the emergency shall forthwith be declared in writing and the existence of same publicized. Upon that declaration,the City Manager or designee is empowered to assume centralized control of and have authority over all departments, bureaus and other offices of the City in order to implement the purpose of this Code. The state of emergency declared by the City Manager or designee shall exist for the period set forth in the declaration, but shall not exceed 3-6 72 hours in duration, and may not be extended, unless within that time the City Council (or so many members thereof as may be able and available within the City to perform the duties of their office) passes a resolution shall ratify and confirming the City Manager's or designee's declaration of a state of emergency.The Council shall also set the expiration date of the state of emergency as part of the resolution. A declared emergency may be modified by the City Council at any time.; in which event the Council shall declare the period for which the emergency shall exist, not to the City Council. Staff Comment: Eliminates stated authority of the City Manager to assume control over city departments;the City Manager normally has that authority, per Charter, Section 20.B. Expands duration of City Manager-declared emergency from 36 hours to 72 hours to extend Ord. 2917 Page 2/9 Attachment 1 to Council Report Code Amendments with Staff Commentary over weekends. Enables Council to set date or conditions under which the declaration expires, rather than 2 weeks at a time. 12.20.830 Regulation and Control of Persons and Property. Whenever a state of emergency has been declared to exist within the City,the City Manager is empowered to order the following measures in the interests of public health, safety or welfare: 7. Suspend the applicable public procurement requirements, and,to the extent sufficient funds are available and budgeted,to redirect city funds to pay expenses incurred as a result of responding to the emergency, Staff Comment: Expressly states within this Emergency Code that public procurement processes may be suspended ("emergency" contracts already authorized in Public Contract provisions). Allows City Manager to move budgeted funds as needed to respond to emergency. 78. Order such other measures as are imminently necessary for the protection of life or property. ART. 14.02 POLICE/IN GENERAL 14.02.055 Threshold Inquiry; Protective Search. *** 2. Protective Search: If during the temporary detention authorized above the officer reasonably believes himself they areto be in danger of attack or assault by the person thus detained,the officer may frisk such person for dangerous or concealed weapons without arrest. Any such weapon found on the person may be kept by the officer during the period of detention, and at the end of such period shall be returned to the person thus detained, unless at that time the person is arrested for a crime or breach of ordinance involving the use, possession or concealment of such weapon. Staff Comment: Last year staff went through the Code to remove gender-specific references. This search term was overlooked. *** // Ord. 2917 Page 3/9 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 15.06 FIRE PREVENTION CODE 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 2019 2022 Oregon Fire Code (as adopted by OAR 837-040). Such 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. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 5704.2.9.6.1: residential zones (including areas with split zones which include residential zones). b. Section 6104.2: residential zones (including areas with split zones which include residential zones). 2. The City of Lake Oswego hereby adopts Sections 105.5.1 through 105.5.52 and 105.5A 105.6A through 105 6.595.E of the Oregon Fire Code. 4. Section 603.3605.4 is amended to add, as additional subsections,the following: A. Subsection 603.3.1.2605.4.1.3 Storage may be permitted in residential zones subject to the following requirements: B. Subsection 603.3.1.3605.4.1.4.Screening.Above ground tanks are to be surrounded by fences, walls, or plant materials that are sufficient to fully screen their appearance from neighboring properties. If plant materials are used to provide the screening,they shall meet the requirements of Section 50.06.004.1.c of the Community Development Code. C. Subsection 603.3.1.4605.4.1.5. Setbacks. All structures supporting tanks shall be located a minimum of five (5) feet from any property line. For tanks larger than 275 gallons,the minimum setback shall be increased to ten feet. Additional setbacks shall be as specified in the Oregon Fire Code. D. Subsection 603.3.1.5605.4.1.6.Tank Requirements. All above ground tanks shall display a sticker indicating acceptance by Underwriters Laboratories or a comparable organization (e.g.,ASME or Factory Mutual).Tanks shall be double- walled or shall otherwise provide containment for leaks.Tanks must be manufactured, installed, and maintained in compliance with the manufacturer's instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be approved by the Fire Chief. Ord. 2917 Page 4/9 Attachment 1 to Council Report Code Amendments with Staff Commentary E. Subsection 603.3.1.6605.4.1.7. Clean-up.The property owner shall bear the responsibility for the prompt and thorough clean-up and proper disposal of any fuel oil that is spilled on or around any tank,whether the tank is located under ground or above ground. F. Subsection 603.3.1.7605.4.1.8. Closed System.Above ground tanks shall be closed systems,fueling only oil-fired appliances.All other distributions of fuel from such tanks shall be unlawful. 5. A new Section 5601.1.2A5601.1.1.1 is added to Oregon Fire Code Chapter 56 as follows: 5601.1.2A 1.1 Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606. Staff Comment: OAR 837-040-0010 (2)was revised to adopt the 2021 International Fire Code with Oregon amendments to be known as the Oregon Fire Code, 2022 edition, with an effective date of October 1, 2022. In addition, 837-040-0010(3) changes new construction plan review phase-in dates. Code section numbering updated with new version. // Ord. 2917 Page 5/9 Attachment 1 to Council Report Code Amendments with Staff Commentary ART.47.06 SIGN CODE/REGULATION OF PERMANENT SIGNS 47.06.205 Permanent Signs Exempt From Permit and Fee. The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required: 6. Athletic Field Signs. a. =Rigid signs located on the outfield fence of athletic fields may be installed. Each individual sign shall be no more than 32 square feet in area.There shall be no more than 32 square feet of area for any eight linear feet of fence.The maximum height shall not exceed eight feet above grade.The signs shall be placed so as to be visible from the interior of the field and/or viewing stands. b. One sign located at one end of the each field visible to spectators shall subject to the following requirements: i. 100 ft.or More from Residential Zone: The sign shall be set back a minimum of 100 feet from residentially-zoned property,with a maximum height of 25 feet above grade, except that the height may be increased one foot for every additional 25 feet of distance from the sign to the lot line of the nearest residentially zoned property,to a maximum height of 28 ft.; or ii. Less than 100 ft.from Residential Zone:The sign may be set back less than 100 feet from a residentially-zoned property if it is have a maximum height of 4-5-18 feet above grade}_ not more than 100and shall be a maximum of 61 square feet in area,the illuminated side faces away from the residentially-zoned property less than 100 feet away, and the back of the sign is painted a dark or earth-tone color, Screening and buffering of the sign may be required as a condition of approval if the illuminated side of the sign is visible from residential properties or public right-of-way to mitigate light impacts or distraction to motorists. Staff Comment: Currently,Athletic Scoreboards are restricted in size to 15' in height and 64 square feet in size. As shown in the attached inventory table of all the Lake Oswego School District scoreboard signs (Attachment 1-A), only one scoreboard (Lakeridge soccer/JV football field) complies with the current size limitations.All other scoreboards have either received a Sign Variance or are non-compliant with the size limitations.The inventory table also shows that all of the scoreboards are set back significant distances from residential properties and are situated in large fields,which in most cases, have substantial screening and/or distance from Ord. 2917 Page 6/9 Attachment 1 to Council Report Code Amendments with Staff Commentary surrounding properties. Staff is not aware of any complaints with regard to any of the existing scoreboards. The athletic sign standards also apply to City parks. East Waluga Park is the only City athletic field with a scoreboard. While no scoreboards are currently proposed for other City Athletic fields,the Parks Dept. has indicated that it may consider installing scoreboards in the future at Hazelia Field, George Rogers Park, or Westlake Park.All of these parks have sufficient space to locate a scoreboard a substantial distance from residentially-zoned properties. The proposed amendments would exempt athletic scoreboard signs from size limitations, except height, provided the sign is set back at least 100 feet from residentially-zoned property and includes provisions to require screening or buffering, if necessary. Scoreboards that cannot meet the 100-foot setback would be subject to size limitations and more restrictive height limits, or could apply for a Sign Variance for a larger sign, which includes public notice and opportunity for appeal. Lake Oswego School District(LOSD)staff has reviewed the proposed amendments and confirmed the requirements are sufficiently flexible to accommodate scoreboard signs for the needs of different types of athletic fields,while assuring minimal visual impacts to surrounding properties. ART.47.10 SIGN CODE/PERMIT REQUIREMENTS 47.10.415 Permanent Signage Requiring Permit Allowed in Commercial, Public Facility and Campus Institutional Zones (MC, HC,CR&D, OC, PF and CI). In addition to the temporary and permanent signage allowed without permit in the commercial, public facility, and campus institutional zones the following signage is allowed in the MC, HC, CR&D, OC, PF, and CI zones subject to permit and fee: *** 4. Sign Features/Restrictions. a. Except as provided in subsection (3)(e) of this section, no pole signs shall be allowed. b. Signs shall not be attached to parking structures, or to portions of buildings that serve as parking facilities. c. Off-site signs shall not be placed along arterial streets except at their intersection with another arterial, collector street or access entrance for multiple buildings. Ord. 2917 Page 7/9 Attachment 1 to Council Report Code Amendments with Staff Commentary d. Monument signs shall not exceed eight feet in height. e. All developments shall have sign criteria affecting the development as a whole approved as part of any master plan (overall development plan and schedule/planned development) approval to insure compatibility between signs on individual development parcels or on individual structures. f. Within the PF Zone: i. Except at otherwise indicated, signs may be indirectly or internally illuminated. ii. Changeable copy, manual or electronic, is allowed provided the copy does not change more frequently than 15 seconds at a time.Animated, moving,scrolling,flashing and similar changes in copy are prohibited. iii. Lighting that is within 200 feet of a residential zone and is substantially visible from any residential unit or vacant residential lot shall be extinguished between 10:00 p.m. and 7:00 a.m. Staff Comment: The Public Functions (PF) zone was adopted in 2002 (Ord. 2334) and was applied to publicly-owned properties, including public schools and City-owned facilities. Several years after the new zone was adopted, it was discovered the PF zone had not been added to the Sign Code. In 2013,the PF zone was added to the Sign Code (Ord. 2617) under the sign provisions for the MC, HC, CR&D, OC, and CI zones in LOC 47.10.415. Prior to the PF zone, the sign provisions in LOC 47.10.425, which included a "Sign Features/Restrictions" section that allowed changeable copy and restricted the hours of lighting for signs, applied to all institutional and public uses; however, the "Sign Features/Restrictions" section is not included in LOC 47.10.415 and so no longer applied to institutional and public uses. Changeable copy is a customary sign feature for schools and other public facilities in order to communicate events, school closures, and other important information.The above amendment restores sign features and restrictions that previously applied to institutional (school) and public uses before the Public Function (PF) zone was adopted, except that changeable copy is not restricted to only 50%of the sign area, electronic change of copy is clarified to limit it to 15- second intervals with no animation or flashing allowed, and the lighting of the sign is to be extinguished between 10pm and 7am instead of 10pm and 8am, since school activities can begin as early as 7am. Ord. 2917 Page 8/9 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 55.02 TREE CODE/TREE REMOVAL 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit. 4. A decision of the DRC shall not become final for ten 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 ten 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 ten 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 app al, persons with rebuttal by the appellant.The Council's hearing shall follow the same procedures set forth in LOC 50.07.003(7)(d)through (f) (except the minimum time the staff report must be available for review prior to the appeal hearing is three days), (7)(h)through (I), (7)(m) (except any land use review deadline is not applicable), (7)(n), and (7)(o)(i)through (iv).The decision of the Council shall be final. Staff Comment: The order of testimony where the applicant is NOT the appellant is contrary to the land use code: LOC 50.07.003.7.i [Land Use Appeal Hearing] i. Conduct of the Appeal Hearing Before City Council The Mayor shall conduct a hearing on appeal pursuant to the requirements of LOC 50.07.003.4.a.i through x and 50.07.003.4.a.xiii. LOC 50.07.004.a.vi—x states the owner of testimony as: vi. The Chair shall call for the applicant's testimony. vii. The Chair shall call for other evidence or testimony in support of the application. viii. The Chair shall call for evidence or testimony in opposition to the application. ix. The Chair shall call for neutral evidence or testimony. x. The Chair shall call for rebuttal by the applicant.The applicant's rebuttal is limited to responding to testimony previously submitted and shall be based solely on the evidence in the record. If the applicant submits new evidence in aid of rebuttal,the Chair shall allow any person to respond to that evidence, and provide for final rebuttal by the applicant. *** The Council's appeal hearing is not like an appellate court, in that (a)the appeal is not constrained to "assignments of error" in the notice of appeal (LOC 50.07.007.k.i), and (b)the Council is not constrained to determine if the DRC"erred" but is re-examining the evidence in the record to determine if the application complies with the applicable criteria and standards (LOC 50.07.007.n.ii). By deleting the Tree Code-specific order of testimony on appeal, and Ord. 2917 Page 9/9 Attachment 1 to Council Report Code Amendments with Staff Commentary leaving it to reference the land use code, then it will be consistent with land use,which will eliminate confusion by the participants and staff in conducting the appeal hearing. The time for testifying is not affected. ATTACHMENT 1-A Lake Oswego School District Athletic Scoreboard Signs School Field Type Year Backlit Non-Backlit Non- Total Total Approx. Variance Existing Vegetation/ Streetview Photo of Scoreboard Sign Installed Scoreboard Identification Backlit Height Sign Distance to Received? Obscuring Factors Sponsor Size Nearest Residential Property Line 1. Lakeridge HS Varsity2022 8' x 18' None None 18' 200 s 136' to the Yes Street trees along Cloverleaf _' - -; • t.• . 7 ' g q F'� 1 Football ft. north 499-22-000998- provide buffering, but not a j : r' ' ' PLNG solid screen ;"'r' � .'' Ori inal: 4 ;: : 4. r„_ g fir':<y .. ;It: .:�_ r_.:=r `: VI 2008 144 sq. Original: SP 08- ' _y ft. 0013 ,0. • •. 4 ,i.• -c- -.a -. -- ... :4 , . sti. — ,_,, . ,,_.; = "ate"". Sign as viewed from Cloverleaf Rd. 2. Lakeridge HS Baseball 2014 7' x 25' 4' x 25' 2.5'x 25' 26.6' 337.5 175' to the Yes, Arborvitae hedge approx. 90' -_ sq.ft. south VAR 4-94 planted as a requirement of Original: allowed a 115.6 sign variance. Sign is visible s"'' 1994 sq. ft. sign, 21 ft. from Overlook Dr., but at a `0. ` tall, but sign was distance. . -r:. ::„ either replaced or installedAll larger than i ita44 1� propmm. ----i- ,- approved. ,_ - -- . = _ - ___ C Sign as viewed from Overlook Dr. School Field Type Year Backlit Non-Backlit Non- Total Total Approx. Variance Existing Vegetation/ Streetview Photo of Scoreboard Sign Installed Scoreboard Identification Backlit Height Sign Distance to Received? Obscuring Factors Sponsor Size Nearest Residential Property Line 3. Lakeridge HS Turf 2— 2008 4.5'x 14' None None 14.5' 63 sq. 207' to the No, complies Mainly obscured by a building _ ." ; �, - ,;. 'v ,.,,, HOME �E�s... Soccer/JV (Relocated ft. north between the sign and � - _ •�,,� • . u �_ Football from Cloverleaf Rd. � i `.. S, Varsity •,;,li, .,"`..f• 1� Football, y ��� w=.. I o rs ,.'.r ..-.tom J; ___^_-___ probably ; • I : ' _,)r : .„ Building — Permit 20090879) j :L a!n 3- -- —,— -kiir l . 4. Lakeridge HS Softball 2017 5' x 14' 2.6'x 14' None 15' 106.4 217' to the No, doesn't Mainly obscured by a building - __ _ use � .�.. f �'' s ft. north comply between the sign and i ' q pY : T r , ' .:2.,,'",.' Cloverleaf Rd. - i. a C ; l'� .-n School Field Type Year Backlit Non-Backlit Non- Total Total Approx. Variance Existing Vegetation/ Streetview Photo of Scoreboard Sign Installed Scoreboard Identification Backlit Height Sign Distance to Received? Obscuring Factors Sponsor Size Nearest Residential Property Line 5. Lake Oswego Varsity 2008 8' x 25' 3' x 25' None 22' 275 sq. 316' to the Yes, Fully screened from nearby • q 7a,3 86p HS Football ft. south VAR 28-87 for a residential properties. .. - -- 270 sq.ft. sign. 1,-.- 1; r rn k A. r eda \ . ..,' ' 1 '-' - -,, 6. Lake Oswego Baseball 2005 6.5'x 20' 2' x 20' 2' x 20' 14.5' 210 sq. 159' to the Yes, Fully screened from nearby Cannot be seen on streetview or aerial photos due HS ft. south VAR 5-94 residential properties. to tree cover. approved a 14'x Original 5.5', 77 sq.ft. 1994, sign in the same replaced in location. 2012. Replaced by 70 Current sq. ft. sign in sign 2012 per permit unknown. 499-12-02522; however,the existing sign does not comply. 7. Lake Oswego Softball 2012 5' x 14' 2' x 14' None 16' 98 sq. 304' to the No, does not Fully screened from nearby -- - ,-. MS ft. east comply residential properties. I z . i - Y � , ' iii S �+ -•.; tiOV. '4'4. -1 • .,,A FUTURE ATHLETIC FIELD SIGNS PLANNED School Field Type Year Backlit Non-Backlit Non- Total Total Approx. Variance Existing Vegetation/ Streetview Photo of Scoreboard Sign Installed Scoreboard Identification Backlit Height Sign Distance to Received? Obscuring Factors Sponsor Size Nearest Residential Property Line Lakeridge MS Multi- Likely 2023 A sign can be sited in a "ui p �V' I yyy ft; '' ��`99c Future Sign purpose location that provides screening and separation from '- - 'u $7.e residential properties. E —'I= . 514 , .3 r -. ;. !urn V IV =, ,y 1 - l 1 1141 1 18143 '� Muhi-purpose field 1$151 I 'f 1 ' I 18153 1 II x '16161 '. . r :L 18163 - �LkJ fl k8171 ` -r ` •. , 18173 !r 18181 18183: Located in SE area of site. Lake Oswego MS Multi- Likely 2023 Sign likely to be located in SW V ! l 40 .. ,•,�Iliii:ii� ' _a Future Sign purpose area of field next to Springbrook Park,which has JJ l H I�.1_ extensive vegetative W162 �` ' .. I. .. ., I screening. - r4190 F •,-:- li Mutti-purpose p field k 1 f • Located in SW area of site ATTACHMENT 2 ORDINANCE 2917 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL CLARIFYING, REVISING, AND UPDATING VARIOUS PROVISIONS OF THE LAKE OSWEGO CODE (OTHER THAN LOC CHAPTER 50)(2022). WHEREAS, through the application of the Lake Oswego Code, staff of the City Attorney's Office, City Manager's Office, Planning Department and Fire Department have found that some sections of the Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting provisions, and adding to or repealing certain articles of the Lake Oswego Code; and WHEREAS, this year the affected sections are: • LOC 12.20.805 ("Emergency" Explained); LOC 12.20.820 (Authority); LOC 12.20.830 (Regulation and Control of Persons and Property) of the Emergency Code; • LOC 14.02.055 (Threshold Inquiry; Protective Search); • LOC 15.06.610 (Oregon Fire Code Adopted); • LOC 47.06.205 (Permanent Signs Exempt From Permit And Fee) and LOC 47.06.415 (Permanent Signage Requiring Permit ... (PF Zones); and • LOC 55.02.085 (Request for Public Hearing on a Type II Tree Cutting Permit). The City of Lake Oswego ordains as follows: Section 1. The Lake Oswego Code is hereby amended by adding the section and text shown in bold, double-underlined type and deleting the text shown in strikcthrough 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. // //[Signatures on Next Page] Ordinance 2917 Page 1 of 2 Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 20th day of December, 2022. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Evan Boone, City Attorney Pro Tern Ordinance 2917 Page 2 of 2 EXHIBIT 1 TO ATTACHMENT 2 Ord. 2917 Page 1/7 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 12.20 EMERGENCY CODE 12.20.805 "Emergency" explained. The state of emergency exists whenever the City or any area therein is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare; such an event shall include, but not be limited to, the following: 1. A civil disturbance or riot; 2. A disaster such as flood, windstorm, earthquake, or fire, explosion or 3. An epidemic, pandemic, or public health emergency; 34. The declaration of a war caused national emergency; 5. Any other emergency declared by the State, or Clackamas, Multnomah, or Washington counties; 46. Any major disruption of community services such as transportation, power supply, water service or communications. 12.20.820 Authority. When, in the judgment of the City Manager or designee, a state of emergency exists, the emergency shall forthwith be declared in writing and the existence of same publicized. Upon that declaration, the City Manager or designee is empowered to assume centralized control of and have authority over all departments, bureaus and other offices of the City in order to implement the purpose of this Code. The state of emergency declared by the City Manager or designee shall exist for the period set forth in the declaration, but shall not exceed 36 72 hours in duration, and may not be extended, unless within that time the City Council (or so many members thereof as may be able and available within the City to perform the duties of their office) passes a resolution shall ratify and confirming the City Manager's or designee's declaration of a state of emergency.The Council shall also set the expiration date of the state of emergency as part of the resolution. A declared emergency may be modified by the City Council at any time.; in which event the Council shall declare the period for which the emergency shall exist, not to the City Council. 12.20.830 Regulation and Control of Persons and Property. Whenever a state of emergency has been declared to exist within the City, the City Manager is empowered to order the following measures in the interests of public health, safety or welfare: Ord. 2917 Page 2/7 Attachment 1 to Council Report Code Amendments with Staff Commentary 7. Suspend the applicable public procurement requirements, and,to the extent sufficient funds are available and budgeted,to redirect city funds to pay expenses incurred as a result of responding to the emergency, 78. Order such other measures as are imminently necessary for the protection of life or property. ART. 14.02 POLICE/IN GENERAL 14.02.055 Threshold Inquiry; Protective Search. 2. Protective Search: If during the temporary detention authorized above the officer reasonably believes himsclf they areto be in danger of attack or assault by the person thus detained,the officer may frisk such person for dangerous or concealed weapons without arrest. Any such weapon found on the person may be kept by the officer during the period of detention, and at the end of such period shall be returned to the person thus detained, unless at that time the person is arrested for a crime or breach of ordinance involving the use, possession or concealment of such weapon. *** // Ord. 2917 Page 3/7 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 15.06 FIRE PREVENTION CODE 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 2019 2022 Oregon Fire Code (as adopted by OAR 837-040). Such 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. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 5704.2.9.6.1: residential zones (including areas with split zones which include residential zones). b. Section 6104.2: residential zones (including areas with split zones which include residential zones). 2. The City of Lake Oswego hereby adopts Sections 105.5.1 through 105.5.52 and 105.5A 105.6A through 105.6.505.E of the Oregon Fire Code. *** 4. Section 603.3605.4 is amended to add, as additional subsections,the following: A. Subsection 603.3.1.2605.4.1.3 Storage may be permitted in residential zones subject to the following requirements: B. Subsection 603.3.1.3605.4.1.4. Screening.Above ground tanks are to be surrounded by fences, walls, or plant materials that are sufficient to fully screen their appearance from neighboring properties. If plant materials are used to provide the screening,they shall meet the requirements of Section 50.06.004.1.c of the Community Development Code. C. Subsection 603.3.1.11605 4 1.5. Setbacks. All structures supporting tanks shall be located a minimum of five (5) feet from any property line. For tanks larger than 275 gallons,the minimum setback shall be increased to ten feet. Additional setbacks shall be as specified in the Oregon Fire Code. D. Subsection 603.3.1.5605.4.1.6.Tank Requirements. All above ground tanks shall display a sticker indicating acceptance by Underwriters Laboratories or a comparable organization (e.g.,ASME or Factory Mutual).Tanks shall be double- walled or shall otherwise provide containment for leaks.Tanks must be manufactured, installed, and maintained in compliance with the manufacturer's instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be approved by the Fire Chief. Ord. 2917 Page 4/7 Attachment 1 to Council Report Code Amendments with Staff Commentary E. Subsection 603.3.1.6605.4.1.7. Clean-up. The property owner shall bear the responsibility for the prompt and thorough clean-up and proper disposal of any fuel oil that is spilled on or around any tank,whether the tank is located under ground or above ground. F. Subsection 603.3.1.7605.4.1.8. Closed System.Above ground tanks shall be closed systems,fueling only oil-fired appliances. All other distributions of fuel from such tanks shall be unlawful. 5. A new Section 5601.1.2A5601.1.1.1 is added to Oregon Fire Code Chapter 56 as follows: 5601.1. 1.1 Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606. // Ord. 2917 Page 5/7 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 47.06 SIGN CODE/ REGULATION OF PERMANENT SIGNS 47.06.205 Permanent Signs Exempt From Permit and Fee. The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required: 6. Athletic Field Signs. Rigid signs located on the outfield fence of athletic fields may be installed. Each individual sign shall be no more than 32 square feet in area.There shall be no more than 32 square feet of area for any eight linear feet of fence.The maximum height shall not exceed eight feet above grade.The signs shall be placed so as to be visible from the interior of the field and/or viewing stands. b. One sign located at one end of the-each field visible to spectators chall subject to the following requirements: i. 100 ft.or More from Residential Zone: The sign shall be set back a minimum of 100 feet from residentially-zoned property,with a maximum height of 25 feet above grade, except that the height may be increased one foot for every additional 25 feet of distance from the sign to the lot line of the nearest residentially zoned property,to a maximum height of 28 ft.; or ii. Less than 100 ft.from Residential Zone:The sign may be set back less than 100 feet from a residentially-zoned property if it is have a maximum height of 1S18 feet above grade, not more than 100and shall be a maximum of 6/1 square feet in area,the illuminated side faces away from the residentially-zoned property less than 100 feet away, and the back of the sign is painted a dark or earth-tone color. Screening and buffering of the sign may be required as a condition of approval if the illuminated side of the sign is visible from residential properties or public right-of-way to mitigate light impacts or distraction to motorists. *** Ord. 2917 Page 6/7 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 47.10 SIGN CODE/ PERMIT REQUIREMENTS 47.10.415 Permanent Signage Requiring Permit Allowed in Commercial, Public Facility and Campus Institutional Zones (MC, HC, CR&D, OC, PF and CO. In addition to the temporary and permanent signage allowed without permit in the commercial, public facility, and campus institutional zones the following signage is allowed in the MC, HC, CR&D, OC, PF, and CI zones subject to permit and fee: 4. Sign Features/Restrictions. a. Except as provided in subsection (3)(e) of this section, no pole signs shall be allowed. b. Signs shall not be attached to parking structures, or to portions of buildings that serve as parking facilities. c. Off-site signs shall not be placed along arterial streets except at their intersection with another arterial, collector street or access entrance for multiple buildings. d. Monument signs shall not exceed eight feet in height. e. All developments shall have sign criteria affecting the development as a whole approved as part of any master plan (overall development plan and schedule/planned development) approval to insure compatibility between signs on individual development parcels or on individual structures. f. Within the PF Zone: i. Except at otherwise indicated, signs may be indirectly or internally illuminated. ii. Changeable copy, manual or electronic, is allowed provided the copy does not change more frequently than 15 seconds at a time.Animated, moving, scrolling,flashing and similar changes in copy are prohibited. iii. Lighting that is within 200 feet of a residential zone and is substantially visible from any residential unit or vacant residential lot shall be extinguished between 10:00 p.m. and 7:00 a.m. Ord. 2917 Page 7/7 Attachment 1 to Council Report Code Amendments with Staff Commentary ART. 55.02 TREE CODE/TREE REMOVAL 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit. 4. A decision of the DRC shall not become final for ten 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 ten 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 ten 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 app al, persons with rebuttal by the appellant.The Council's hearing shall follow the same procedures set forth in LOC 50.07.003(7)(d) through (f) (except the minimum time the staff report must be available for review prior to the appeal hearing is three days), (7)(h)through (I), (7)(m) (except any land use review deadline is not applicable), (7)(n), and (7)(o)(i)through (iv).The decision of the Council shall be final.