Agenda Packet - 2023-12-05 AGENDA
04LA E ps CITY COUNCIL MEETING
Tuesday, December 5, 2023
row City
5:30 p.m.
City Hall Council Chamber- 3rd Floor
380 A Avenue, Lake Oswego, OR 97034
Staff Contact: Kari Linder, CityRecorder@lakeoswego.city
Virtual Access ADA Accommodation Requests Translation Services
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person.To participate remotely, 503-635-0282; Relay 711 i* M i
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503-534-5738
This meeting will be livestreamed on the City's YouTube Channel and at lakeoswego.city.The meeting will also be
broadcasted live on Tualatin Valley Community TV;check tvctv.org for details.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. EXECUTIVE SESSION: The Lake Oswego City Council will meet under authority of
ORS 192.660 (2)(d) Conduct deliberations with persons designated to carry on
labor negotiations and (f) consider records that are exempt by law from public
inspection.
Remaining agenda items to begin approximately at 6:00 p.m.
5. PUBLIC COMMENT
The purpose of Public Comment is to allow community members to present information or raise an
issue regarding items not on the agenda or regarding agenda items that do not include a public
hearing.A time limit of three minutes per individual shall apply. Public Comment will not exceed
thirty minutes in total, unless changed by the Mayor. If you are unable to attend the meeting and
prefer to provide public comment in writing, by phone or electronically, please email the City
Recorder by noon the day of the meeting.
6. CONSENT AGENDA
The Consent Agenda allows the City Council to consider items that require no discussion.
An item may only be discussed if it is pulled from the Consent Agenda.
The City Council makes one motion covering all items included on the Consent Agenda.
Motion: Move to adopt the Consent Agenda.
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6.1 Naming the Lake Oswego Recreation &Aquatic Center and Renovated Clubhouse
and Golf Course.
Motion: Move to initiate the process to name the recreation center, renovated
clubhouse, and golf course in accordance with the City-wide naming policy related
to city areas and facilities (Resolution 22-43).
7. PUBLIC HEARING
7.1 Resolution 23-35, A Resolution of the City Council of the City of Lake Oswego
Revising Fees and Charges and Updating the Lake Oswego Master Fees and Charges
Schedule.
Public Hearing Process:
1. Review of hearing procedure by Ellen Osoinach, City Attorney
2. Staff Report by Shawn Cross, Finance Director
3. Testimony—the following time limits shall be observed, but may be
changed by the Council: 10 minutes for representatives of recognized
neighborhood associations, homeowner associations, government
agencies, or other incorporated public interest organizations; and
5 minutes per individual
4. Questions of Staff
Motion: Move to adopt Resolution 23-35.
8. COUNCIL BUSINESS
8.1 Ordinance 2928,An Ordinance of the City of Lake Oswego Amending LOC 50.03.002,
50.03.003, 50.03.004,and 50.10.003 of Chapter 50(Community Development Code)
Establishing Psilocybin Time, Place and Manner Land Use Regulations; and Adopting
Findings (LU 23-0001).
Motion: Move to enact Ordinance 2928 and adopt findings.
9. STUDY SESSION
9.1 Citywide Parking Reform (PP 22-0001).
10. INFORMATION FROM COUNCIL
11. REPORTS OF OFFICERS
12. ADJOURNMENT
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6.1
o�c�'�` E 4\ COUNCIL REPORT
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Subject: Request for Naming Lake Oswego Recreation & Aquatic Center and Renovated
Clubhouse and Golf Course
Meeting Date: December 5, 2023 Staff Member: Ivan Anderholm CPRE, Director
Report Date: November 22, 2023 Department: Parks and Recreation
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution 0 Not Applicable
❑ Information Only Comments:
❑ Council Direction
0 Consent Agenda
Staff Recommendation: City Council initiate and approve of the process to name the facilities
being built and renovated on the Municipal Golf Course site following City Council adopted
Resolution 22-43.
Recommended Language for Motion: Move to initiate the process to name the recreation
center, renovated clubhouse, and golf course in accordance with the City-wide Naming Policy
related to City Areas and Facilities (Resolution 22-43).
Project/ Issue Relates To: Policy adherence.
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ONot Applicable
ISSUE BEFORE COUNCIL
The Parks and Recreation Department requests that City Council initiate the naming/re-naming
of the new recreation center, renovated clubhouse, and renovated golf course. Additionally,
staff recommends that Council direct the Parks, Recreation, and Natural Resource Advisory
Board to recommend names for these facilities in accordance with the City-Wide Naming Policy
Related to City Facilities, Resolution 22-43.
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BACKGROUND
During the December 20, 2022 meeting, City Council adopted Resolution 22-43 creating a City-
wide Naming Policy Related to City Areas and Facilities. The policy provides a systematic and
consistent approach, utilizing public participation, for the naming of City areas and facilities.
DISCUSSION
The Parks and Recreation Department requests City Council consideration for names for the
new recreation center, renovated clubhouse, and golf course in advance of the opening (or
reopening) of these City facilities.
In accordance with Resolution 22-43, the City Council can seek counsel and refer the naming
process to the appropriate Board or Commission. All three of the areas/facilities are on park
land and managed by the Parks and Recreation Department. Staff recommends that the naming
be referred to the Parks, Recreation, and Natural Resource Advisory Board following the
adopted policy.
Once referred to the appropriate Board or Commission, the designated Board may solicit input
from community groups and the public. The Board will make a naming recommendation to the
City Council. At that time, the City Council may accept the recommendation for the three
facilities, select a different name, or return the proposed name to the Advisory Board for
additional work.
FISCAL IMPACT
There is no fiscal impact related to this recommendation.
RECOMMENDATION
Staff recommends City Council initiate the process to name the recreation center, renovated
clubhouse, and golf course, and direct the Parks, Recreation, and Natural Resource Advisory
Board to return with name recommendations for Council consideration.
ATTACHMENTS
1. Resolution 22-43 —Adoption of City-wide Naming Policy Related to City Areas and
Facilities (with Exhibit A)
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ATTACHMENT 1
RESOLUTION 22-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADOPTING A CITY-WIDE
NAMING POLICY RELATED TO CITY AREAS AND FACILITIES.
WHEREAS, the City of Lake Oswego has an adopted Parks and Recreation Naming Policy for
naming parks and recreation facilities with participation from the Parks, Recreation, and Natural
Resources Advisory Board; and
WHEREAS, recognizing that the City may choose to name other City-owned areas and facilities
beyond Parks and Recreation areas and facilities, the naming policy expands to include City
areas and facilities; and
WHEREAS, Resolution 22-43 expands on the current process for Parks and Recreation facilities
and developing it into a City-wide policy; and
WHEREAS, the expanded policy provides a systematic and consistent approach, utilizing public
participation, for the naming of City areas and facilities.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City-wide Naming Policy Related to City Areas and Facilities, attached as
Exhibit A, is adopted.
Section 2. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on
the 20th day of December, 2022.
AYES: Mayor Buck, Wendland, Nguyen, Verdick, Manz, Mboup
NOES: None
EXCUSED: Rapf
ABSTAIN: None
Joseph . Buck, Mayor
ATTEST:
Kari Linde , City Recorder
APPR9VED AS TO ORM:
Evan Boone, ity Attorney Pro Tem
Resolution 22-43
Page 1 of 1
Fps EXHIBITA MEMORANDUM
0 ,f\
City-wide Naming Policy
Related to City Areas and Facilities
PURPOSE
This policy is to establish a systematic and consistent approach, utilizing public participation,for the
naming of City areas (including subareas),facilities, infrastructure, equipment, public art, buildings and
rooms ("City areas and facilities").
OBJECTIVES
The objectives of this policy include:
• Ensuring that City areas and facilities, are easily identifiable.
• Ensuring that given names to City areas and facilities are acceptable to the community.
• Encouraging the dedication of lands,facilities, or donations by individuals and/or groups.
GENERAL GUIDELINES
The following general guidelines should be pursued for the naming of City areas and facilities:
1. Facilities should be named within six months after the City has acquired title to the land and/or
structure.
2. A request for the naming of a City area or facility can be submitted to the City Council. Should
the Council seek advice on the proposal of the item be (re)named, it will be referred to the
appropriate Board or Commission, in writing, with a brief statement describing why the request
is being advanced. Requests may be initiated by community members or groups, recognized
Neighborhood Associations,Advisory Boards, City Commissions or Committees, City Staff or City
Council.
3. The designated Board or Commission, as assigned by Council, may solicit input from community
groups and the public.
4. If suggestions have been received by the Board or Commission,the Board or Commission will
forward the suggestions and its recommendation to the City Council.The City Council may
accept the recommendation of the Board or Commission, or may select an alternative name for
the City area or facility.
5. In unusual or exceptional circumstance, as deemed by the Council in its sole discretion,the City
Council may deviate from this policy.
6. The following will be considered when naming City areas and facilities.
a. Places and Feature Names
i. Recognizable area, neighborhood or major street.
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ii. Assumed name.
iii. Use only if the area has been known by this name for an extensive period of
time.
iv. Horticultural.
v. If the particular subject enhances the area.
vi. Natural phenomena.
vii. Combination of the above.
b. Historical Event Names
i. Can be of local, regional, or national significance.
c. Person or Persons Names
i. Deceased. No submission of a (re)naming request may be made to Council until
the person has been deceased for at least three years.
1. Civic leader.
2. Historic group or person.
3. Civilian state and national heroes.
ii. An asset may be named after a member of the city staff only if the person dies
while on duty or performed an act of exceptional service to the Lake Oswego
community.
d. Groups
i. Religious,veteran, fraternal and civic groups that have donated the land,
money, or equipment for the City area or facility shall be eligible for area
dedications.
e. Discouraged Practices
i. Names that are overrepresented.
ii. Names that are derogatory or discriminatory against protected classes, political
affiliations or similar categories.
iii. Duplicate or overly similar names to existing facilities.
f. Naming City Assets for Donations and City Sponsorships.
i. Should be considered with consultation with the City Manager on a per project
basis, with input from a Board or Commission or similar body. Details related to
any agreement should be included in a separate contractual agreement
approved by City Council.
7. Plaques or other appropriate types of markers may be used when a City area or facility is
dedicated.
Responsibility/Contacts: Director Parks& Recreation, Deputy Directors,Administrative Assistant, City
Manager, City Council.
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7.1
o�c t COUNCIL REPORT
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Subject: Resolution 23-35, 2024 Master Fees and Charges
Meeting Date: December 5, 2023 Staff Member: Shawn Cross, Finance Director
Report Date: November 22, 2023 Department: Finance
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
O Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
O Resolution 0 Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Adopt Resolution 23-35, establishing, revising and updating the fees
and charges as shown in Exhibit A of the Resolution.
Recommended Language for Motion: Move to adopt Resolution 23-35.
Project/ Issue Relates To: 2024 Master Fees and Charges
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ONot Applicable
ISSUE BEFORE COUNCIL
Conduct a required Public Hearing on 2024 Master Fees & Charges and adopt Resolution 23-35
to establish and change the fees as shown in Exhibit A of the Resolution.
BACKGROUND
The annual Master Fees & Charges Resolution, Exhibit A, which is made into a booklet, lists all
fees charged by the City for a variety of services, such as utility services, usage of fields and
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recreational classes, or building permits and plan inspections, to name a few. It is a
comprehensive list that is available to the public.
The Master Fees & Charges (MF&C) fee listings for 2024 came before Council in a study session
on November 21, 2023 so that Council and the public could review and comment on suggested
changes. If adopted as proposed, all fees go into effect on January 1, 2024, except for the
utilities. New utility fees for services go into effect as of July 1, 2024, the first day of the new
fiscal year. It allows staff time for public education and customer notification.
DISCUSSION
Several departments increased their fees by an index, either the Construction Cost Index
published in Engineering News and Report or the Consumer Price Index published by the U.S.
Bureau of Labor Statistics. For the departments that usually raise their fees by the West Region
— B/C Consumer Price Index as published at the Bureau of Labor Statistics website, this year's
increase would be 3.6%.
Service fee increases in the utilities and their effect on a typical customer bill were described in
the Council Report for November 215t, and will not be repeated here. The proposed increases
as shown in Exhibit A to the resolution (the draft booklet) are applied to each service, customer
category and volumetric fee equally within each utility.
RECOMMENDATION
Adopt Resolution 23-35.
ATTACHMENTS
1. Resolution 23-35, with Exhibit A — Master Fees & Charges (draft booklet with track
changes)
2. Master Fees & Charges, with Exhibit A (without markups)
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ATTACHMENT 1
RESOLUTION 23-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO REVISING FEES AND
CHARGES AND UPDATING THE LAKE OSWEGO MASTER FEES AND CHARGES SCHEDULE.
WHEREAS,the City has adopted from time to time various fees and charges for services; and
WHEREAS,the City has found it necessary to add, revise, or delete various fees.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The revisions to fees and charges shown in Exhibit A are hereby adopted
effective January 1, 2024, except where noted otherwise.
Section 2. The revision to fees and charges shall be incorporated into the City's Master
Fees and Charges schedule.
Section 3. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the
5th day of December, 2023.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
EXHIBIT A
Preface
City of Lake Oswego, Oregon
The City provides a full range of municipal services to the community which includes police and fire
protection, emergency medical services,traffic control, street maintenance and improvements,water, sewer,
and stormwater management services, planning and zoning regulation, building inspection and regulation,
parks and recreational activities, and community library service.
This Master Fees and Charges booklet consolidates all City fees and charges, adopted by City Council
resolution,for the various services that the City provides. Typically, it is updated annually and reflects all fee
resolutions passed by Council during the year. For easy reference,the current Master Fees and Charges
booklet, as well as versions from prior years, are available online at: www.lakeoswego.city/fees.
Fee Variance and Waiver Statement
Based upon an unusual circumstance or event, past practices, demonstrated hardship,or public benefit,the
City Manager is authorized to waive or decrease a fee(s)or charge(s), barring requirements by State or local
codes, in a particular matter or establish a fee not yet authorized in this resolution. When a new fee is
established by the City Manager it may be incorporated into this resolution. It shall be communicated to
Council in writing to allow opportunity for comment.
The request for a waiver or reduction must be in writing. If the City Manager or la+s-their designee agrees to
said waiver or reduction, h /shcthey may inform the City Council, in writing, of the request and his/her their
decision, except in minor matters such as non-profit signed fee waivers and City tree removal applications.
Effective Dates and Resolution
The 2023 2024 Master Fees and Charges effective dates:
• Utility Fees are effective July 1, 20243.
• All other Fees are effective January 1,20243(unless otherwise noted)
Resolution#232-2-9-35 —Adopting the 20243 Master Fees&Charges
Cover photo of Sunset at Luschcr Farmstormwater street drainage-is courtesy of Corina
LawsDave Arpin,2023. the first place winner
of the 2020 Lake Oswego photo contest in the category Places in Lake Oswego
20243 Master Fees and Charges Page 1
Table of Contents
Section 1: General 5
Utility Rates: Water,Sewer,Stormwater,and Street 5
Business License and Liquor License 14
Dog License 15
Rights of Way Usage Fee 16
Franchise Fees 17
Public Records Fees 18
Miscellaneous Fees 19
Section 2: City Attorney's Office 20
Discovery Fees and City Code 20
Section 3: Fire Department 21
General Fees 23
Medical Services and Transport Fees 21
Emergency Services Rates 22
Fire and Life Safety Plan Reviews 22
Fire and Life Safety Inspections 22
Section 4: Library 23
General Fees 23
Section 5: Municipal Court 24
General Fees 24
Section 6: Parks& Recreation 25
Recreation Services and Activities 25
Lake Oswego Recreation &Aquatics Center(LORAC) 26
Lake Oswego Golf Course 27
Indoor Tennis Center 28
Athletic Field User Charges 28
Adult Community Center Fees 29
Swim Park 30
Water Sports Center 30
Park Reservation Fees 31
Miscellaneous Fees 32
Commercial Photography and Filming in City Parks 32
Page 2 20243 Master Fees and Charges
Table of Contents, continued
Section 7: Police Department 33
Security Alarm Permit and Fees 33
Security Alarm Code Violation Fines 33
Police Reports 33
Miscellaneous Police Fees 33
Section 8: Public Works Support Services 34
General Fees 34
Section 9: Building Division 35
Building Permits 35
Electrical Permits 36
Mechanical Permits Residential 38
Mechanical Permits Commercial 39
Plumbing Permits 40
Grading and Fill Permits 41
Demo and Deconstruction Permits 41
Manufactured Home Permits 42
Manufactured Dwelling/RV Parks 42
Community Development Code Enforcement Charges 42
Record Retention and Archiving Fees 42
Research and Consultation Fees 43
Other Inspections and Fees 43
Additional Miscellaneous Fees 43
Refunds 43
Section 10: Engineering Division 44
Minor Utility Facilities, Installed or Constructed by Public or Private Entities 44
General Engineering Fees 44
Other Engineering Fees 45
Section 11: Planning Division 47
Ministerial Developments 47
Minor Developments 47
Sign Code Fees 48
20243 Master Fees and Charges Page 3
Table of Contents, continued
Comprehensive Plan and Community Development Code Amendments 48
Major Developments 49
Sensitive Lands Overlay Districts 49
Fees Relating to Historical Preservation 49
Appeals 49
Pre-Application Conference/Consultations 49
Research Fees 50
Tree Code Fees 50
Fee Exemptions for Affordable Housing 51
Other Planning Fees 51
Section 12: Systems Development Charges 53
Systems Development Charges 53
APPENDIX
Systems Development Charges Methodologies 59
2023 2024 Master Fees and Charges Resolution 69
Page 4 20243 Master Fees and Charges
Section 1: General
General
Utility Rates: Water, Sewer, Stormwater, and Street (LOC 37 and 38)
Water and sewer charges for customers outside of the City may be set by specific agreement. For customers
outside the City(including Forest Highlands Water District), but not covered by a special agreement,the charge is
150%of standard "in-City" rates. For bulk water users,the City Manager may set"peak"season rates. (LOC
38.04.015)
The utility user charge shall be due and payable on the date specified on the bill,and shall be delinquent
thereafter.A late charge shall be imposed on delinquent utility user charges in addition to the amount billed.
(LOC 38.06.030)
A late charge of$5 may be assessed for utility bills not paid within 30 days after billing. If the utility bill is$200 or
more,the late charge is 2.5%of the total amount due.The late charge is divided proportionately among the
amounts due for water,sewer,stormwater,and street fee and becomes part of the total user charge amount due
for each utility.
Lake Oswego's Typical Monthly Utility Bill
$220
$200 194.78
188.21
$180 176.91
$160 155.41 160.15
164.83 170.52
140.85 146.38 150.78
$140$100 . . . . . . . . .$100 . . . . . . . . .$80 El . . . . . . I. .
$60 III. . . . . . . .
El El I. . El I. .
$40 . . III III . . III III .
$20 .
$0
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
■Water 53.46 55.88 56.96 58.14 59.32 60.51 61.73 62.97 64.22 65.48
■Sewer 66.37 68.39 70.45 72.56 74.72 76.93 79.97 83.10 86.32 89.72
■Stormwater 12.58 13.46 14.40 15.41 16.49 17.64 18.87 20.19 21.60 23.11
■Street Maintenance 8.44 8.65 8.97 9.30 9.62 9.75 9.95 10.65 16.07 16.47
Based on typical use for a single-family home-10 ccf for water and 8 ccf for sewer
Past and projected average utility rate increases
7/1/19 7/1/20 7/1/21 7/1/22 7/1/23 7/1/24 7/1/ *
Water 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0%
Sewer 3.0% 3.0% 3.9% 3.9% 3.9% 3.9% 3.9%
Stormwater 7.0% 7.0% 7.0% 7.0% 7.0% 7.0% 7.0%
Street maintenance 3.4% 1.3% 2.0% 7.0% 50.9% 3-0%2.5% 3.0%
Average increase of 3.0% 2.9% 3.5% 3.7% 6.4% 3.99.3.5% 3.6%
total utility bill
*Adopted rates will be implemented the first full billing cycle following the effective date.
20243 Master Fees and Charges Page 5
Section 1: General
Components of the Typical Monthly Lake Oswego Utility Bill
$100
$90
$80
$70
$60
$50 - -
$40
$30
$20 _ •
a • •
$10 • - - • • •
$0
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
•Water Sewer - • Stormwater - - - Street Maintenance
Comparison of Neighboring Cities'Typical Monthly Utility Bills
Based on a September 20232 survey of typical single-family homes in other Portland metropolitan area cities.
$300
$250
$200 194 78
171.75
165.02
157.80
$150 148 16 148 31
142.15
135.73
125.57 130.30
$100
$50
-
$ Beaverton Tualatin Hillsboro West Linn Oregon City Sherwood Wilsonville Milwaukie Tigard Lake Gresham Portland
Oswego
•Water 74.00 50.00 56.43 40.64 50.42 69.22 60.43 51.39 80.88 65.48 94.90 126.28
•Sewer 38.49 57.23 56.27 54.39 63.51 54.47 72.94 72.56 57.67 89.72 80.08 103.68
•Stormwater 13.08 11.47 13.92 9.08 12.66 18.31 11.90 29.47 16.05 23.11 32.52 32.45
•Street - 6.60 9.11 16.81 15.07 4.94 9.64 5.49 8.52 16.47 -•Other - 5.00 - 21.23 6.50 1.37 2.89 6.11 8.63 - 30.00 0.34
Page 6 20243 Master Fees and Charges
Section 1: General
Water Rates
1. Water connection charger-this charge is in addition to the Water SDC fee, if applicable(LOC 38.10.113).
Meter size larger than 2" are charged at cost and materials plus 20%overhead ($2,7402,795 minimum).
NOTE: If the water conncction needs to be made on a moratorium street(one that has been paved within the
past five years),the cost for the pavement restoration is charged at cost and materials plus 20%overh ad.
Meter Size Charge
5/8"-3/4" $ 917
935
1" $ 1,306
1,332
1 1/2" $ 3,290
3,357
2„ $ 3,682
3,756
On moratorium streets(paved within the past five years),the trench patch replacement requirement is
significantly larger.Therefore, if a meter installation is required on a moratorium street, an additional charge will
be retained to account for the larger pavement patch.
$3,000(indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City-Average.
2. Monthly water standard minimum and volume charges.
a. Standard minimum monthly water rates for customers within the City. LOC 38.06.020(2a).
For all meter sizes: 7/1/22 7/1/23 7/1/2
$ 29.96
Single family residential customers $29.37 $ 29.96 30.56
$ 32.70
Multi-family customers-First unit $32.06 $ 32.70 33.35
$29.51
Multi-family customers-Each additional dwelling unit $28.93 $29.51 30.10
Meter Non-residential Services Irrigation customers
Size 7/1/22 7/1/23 7/1/ 7/1/2022 7/1/2023 7/1/202
5/8"-3/4" $32.06 $ 32.70 $ 32.70 $29.37 $29.96 $29.96
33.35 30.56
1" $40.64 $ 41.45 $ 41.15 $37.22 $37.96 $37.96
42.28 38.72
1 1/2" $48.35 $ 49.32 $ 49'32 $44.31 $45.20 $45.20
50.31 46.10
2" $73.17 $ 74.63 $ 74.63 $67.02 $68.36 $68.36
76.12 69.73
3" $82.15 $ 83.79 $ 83.79 $75.31 $76.82 $76.82
85.47 78.36
4" $ 106.98 $ 109.12 $ 109.12 $98.04 $ 100.00 $398
111.30 102.00
1 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average.
20243 Master Fees and Charges Page 7
Section 1: General
6" $ 131.57 $ 134.20 $ 134.20 $ 120.55 $ 122.96 $ 122.96
136.88 125.42
8" $ 198.07 $ 202.03 $ 202.03 $ 181.49 $ 185.12 $ 185.12
206.07 188.82
10" $228.63 $ 233.20 $ 233.20 $209.52 $213.71 $213.71
237.86 217.98
12" $323.53 $330.00 $330.00 $296.45 $302.38 $302.38
336.60 308.43
b. Volume charges in addition to charges in 2a.
USAGE: Per 100 cubic feet(ccf)2 7/1/2022 7/1/2023 7/1/202
Single family residential customers:
Tier 1: 0- 8 ccf monthly $3.09/ccf $3.15/ccf $3.15 3.21/ccf
Tier 2: 9-16 ccf monthly $4.44/ccf $4.53/ccf $21.53 4.62/ccf
Tier 3: over 17 ccf monthly $8.31/ccf $8.48/ccf $8 8.65/ccf
Multi-family customers $3.56/ccf $3.63/ccf $3,64 3.70/ccf
Non-residential customers $4.02/ccf $4.10/ccf $41.10 4.18/ccf
Irrigation customers $6.36/ccf $6.49/ccf $6,49 6.62/ccf
3. If a customer's water is turned off because of noncompliance with the proper use of water or for non-
payment of utility bills,a charge of$60 will be assessed:$30 for turning the water off and another$30 for
a water turn-on. (LOC 38.16.170).
The City shall turn off and turn on the customer's water supply at the customer's request.The City shall
provide this service for free during working hours one time each calendar year.The City shall charge for
additional requests and service during non-working hours except in cases of emergency. (LOC 38.16.175)
For customer turn off and turn on requests,after the first turn off then on request in a calendar year,a
charge of$60 will be assessed:$30 for turning the water off and another$30 for a water turn-on.
There is a charge for reading meters or making service turn-ons or turn-offs at other than regular working
hours. In order to suit the convenience of water purchasers,whenever a City employee is required to read
a meter or make a water service turn-on or turn-off during hours other than the regular work hours
established for City employees,a flat charge of$80 shall be required for such service, in addition to all
other charges provided for in this resolution,to be payable as other charges for water services.
4. Rates for the temporary use of a fire hydrant include a $50 installation fee,a $10 per day charge for meter
rentals with a maximum charge of$50 per month, plus the usage fee for water based on non-residential
water rates. In addition, a $475 refundable deposit will be collected. The deposit is refundable if the
meter is returned in good condition and fees have been paid in full.
5. Failure to test backflow prevention assemblies between January 1 to July 15 and submit the test results by
July 25 shall be cause for the City to arrange for and conduct the required test.The cost of such a test
shall be added to the customer's monthly utility bill at the actual incurred cost plus overhead utilizing a
billing multiplier of 2.4 times direct costs. (LOC 38.12.126).
6. If the City is requested to conduct a fire flow test, a flat fee will be charged for each test. (See Section 3).
2 Based on water delivered during the period between meter read dates.
Page 8 20243 Master Fees and Charges
Section 1: General
IWater Rate History- Monthly
Typical Typical water
Effective Fixed Usage usage in portion %
Date Rate Rate ccf of bill change
7/1/2015 $24.96 $2.62/$3.77 10 $53.46 4.5%
7/1/2016 $26.08 $2.74/$3.94 10 $55.88 4.5%
7/1/2017 $26.61 $2.79/$4.02 10 $56.96 2%
7/1/2018 $27.14 $2.85/$4.10 10 $58.14 2%
7/1/2019 $27.68 $2.91/$4.18 10 $59.32 2%
7/1/2020 $28.23 $2.97/$4.26 10 $60.51 2%
7/1/2021 $28.79 $3.03/$4.35 10 $61.73 2%
7/1/2022 $29.37 $3.09/$4.44 10 $62.97 2%
7/1/2023 $29.96 $3.15/$4.53 10 $64.22 2%
7/1/20243 $29.96 $3.15 3.21/$ 10 $64,22 65.48 2%
30.56 4:5-3 4.62
Fixed portion of Monthly Water Bill
$40 -
$30
$20
$10
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
Water Usage Rate per ccf
S9
$8
S7
$6
Ss
$4
S3
$2
$1
$-
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
•Tier 1: 0-8 ccf/month Tier 2:9-16 ccf/month •Tier 3:over 16 ccf/month
20243 Master Fees and Charges Page 9
Section 1: General
Sewer Rates
1. Sewer monthly rates for customers within the City,served by the City,and outside Clean Water Services
(CWS)shall be charged the following rates for sewer service LOC 38.06.020(2b):
Residential for all meter sizes: 7/1/2022 7/1/23 7/1/2
First dwelling unit $64.14 $66.64 $66.64 69.23
Each additional dwelling unit $57.86 $60.12 $60.12 62.46
Meter Non-residential services
Size 7/1/22 7/1/23 7/1/2
5/8"-3/4" $ 57.22 $ 59.45 $ 59.45
61.77
1" $ 72.43 $ 75.25 $ 75.25
78.18
1 1/2" $ 86.11 $ 89.47 $ 89.47
92.96
2" $ 130.29 $ 135.37 $ 135.37
140.65
3" $ 146.31 $ 152.02 $ 152.02
157.95
4" $ 190.45 $ 197.88 $ 197.88
205.60
6" $ 234.28 $ 243.42 $ 213.12
252.91
8" $ 278.51 $ 289.37 $ 289.37
300.66
10" $ 322.71 $ 335.30 $ 335.30
348.38
12" $ 454.84 $ 472.58 $ 472.58
491.01
USAGE: Per 100 cubic feet(ccf)of average winter water usage
7/1/22 7/1/23 7/1/2
Residential customers $2.37/ccf $2.46/ccf $2.46 2.56/ccf
Non-residential customers $3.56/ccf $3.70/ccf $3.70 3.84/ccf
a. The above Sewer Usage Rate per 100 cubic feet of average monthly water consumption is based on a
customer's average water use during three applicable winter billing cycles. If the full three winter
billing cycles are not available,whatever billing record is available shall be used for the computation.
b. Where no average winter water usage is available or where it is deemed inappropriate to use in some
unusual circumstance for residential, use the standard City-wide average of 8ccf per month multiplied
by the standard sewer rates listed above.
c. The monthly sewer utility user charge for property within the City and served by Clean Water Services
(CWS)of Washington County shall be equal to the monthly service charge established by the agency
for similar uses served by the Agency system.The City Manager shall keep on file for public inspection
a copy of the current rate structure.
Page 10 20243 Master Fees and Charges
Section 1: General
Clean Water Services Charge 7/1/21 7/1/22 7/1/23 7/1/2 3
CWS Sewer-fixed base charge $31.38 $32.64 $ 67.90 n/a
CWS Sewer-usage charge $ 2.08 $ 2.16 $ 2.25 n/a
2. If the City is requested to conduct a sewer connection verification test, a fee of$60 will be charged for
each test. Homeowners requesting the test and residing at the residence are exempt from this fee.
3. A line charge shall be assessed upon connection to portions of the sewer system. The City Engineer is
authorized to establish additional benefited project areas upon completion of new projects that are
constructed under the City's Sewer Extension Program. Customers within the project area shall be
assessed the line charge as a condition of receiving a connection permit. The line charge will be reviewed
annually and adjusted to reflect actual construction costs of eligible projects or the change in the
Engineering News Record Construction Cost Index(20-City Average)as published in October of the
preceding year.
The charges shown below are for eligible projects already completed through the date of this resolution:
a. For the following project areas,the cost per single family connection $ 27,34728,017 4
Sundeleaf Drive Deemar Way Country Club Road
Mardee Avenue Bryant Road/Old Gate Road Stonebridge Way
Jean Road Upper Drive west of Bryant Carman Drive
b. A multiple of the above fee in 3a with the multiplier equal to the number of single family connections
that could be developed on the subject property under R-5 zoning, as determined by the City
Engineer.
4. Special Sewer Connection Charges:
a. Fairway Road Project (pursuant to Ordinance#2262) $ 46,74547.152 s
b. Rivergrove Sewer Connection Charges(pursuant to Zone-of-Benefit[ZOB] Ordinance#2352)
Refer to final ZOB ordinance for fees by lot. Various s
3 Not known at this time,usually becomes available on June 15t
4 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average.
Amount is rounded to the nearest dollar.
s Indexed annually by the Engineering News Record Construction Cost Index(CCI)for Seattle.
Amount is rounded to the nearest dollar.
Note: For items 3 through 4,SDC charges may apply and are in addition to the line charges shown.
20243 Master Fees and Charges Page 11
Section 1: General
Stormwater Rates
1. The stormwater management utility user charge shall be as follows{LOC 38.06.020 2(c)}:
a. Each customer using a location for a single-family home or a duplex shall be charged the fee as shown
in the table below.
b. All other parcels shall be charged per the table below per Equivalent Service Unit(ESU).Total ESUs
charged is determined by dividing the total impervious area by 3,030 and rounding to the nearest
whole number.
7/1/22 7/1/23 7/1/2
$ 20.19 $ 21.60 $ 21.60
Fixed monthly rate 23.11
2. Tampering Fine.The fine for tampering with the City utility system shall be equal to the total of the cost of
correcting the tampering, plus any utility fee revenue estimated by the City to have been lost or affected
by the tampering,and a $100 fine. (LOC 38.26.915).
Page 12 20243 Master Fees and Charges
Section 1: General
Street Maintenance Fee (LOC 37)
LOC 37.02.015
A Street Maintenance Fee was established by Ordinance No. 2373 in an amount to be adjusted from time to time,
by resolution of the City Council. The fee is based upon the relative direct and indirect use of,or benefit from,the
City street system that results from activities within the City,and shall be imposed upon the persons responsible
for each developed property upon which such activities occur.
LOC 37.02.020
All funds collected pursuant to this Chapter shall be used to pay costs of operation, maintenance, repair,
engineering, improvement, renewal, replacement and reconstruction of the City street system.
LOC 37.04.010
The Street Maintenance Fee shall be billed and collected with and as part of the combined utility user charge
billing pursuant to LOC 38.06.020 and LOC 38.06.030. In the event funds received from the City's utility billings are
inadequate to satisfy in full all of the water,sewer,stormwater,and street maintenance fees,credit shall be first
given in this order: street maintenance fee,stormwater,sewer,and then water.
Rates6 and Effective Dates(Per Resolution 10-19 and 10-20):
a. Residential groups will be billed 100%of the following per resident fees monthly:
Effective Effective Effective
July 1,2022 July 1,2023 July 1,
202
$ 10.65 $ 16.07 $ 16.07
Single family 16.47
$ 7.61 $ 11.48 $ 11.48
Multi-family(per unit) 11.77
b. Non-Residential groups will be billed the following fees monthly, multiplied by their square footage:
Effective Effective Effective
July 1,2022 July 1,2023 July 1,202
Group I $ 6.51 $ 9.82 $ 9.82
10.07
Group II $ 14.65 $ 22.11 $ 22.11
22.66
Group III $54.70 $ 82.55 $ 82.55
84.61
General"Group"classification defined as:
Group I: less than 29 vehicle trip miles per day, per 1,000 sq ft
Group II: from 29 to 90 vehicle trip miles per day, per 1,000 sq ft
Group III: greater than 90 vehicle trip miles per day, per 1,000 sq ft
6 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average.
Per Resolution 10-20,index adjustment shall not be less than a two percent increase or more than a seven percent increase.
The increase this in prior year of 50.9%includes both an increase of 5.7%for CCI as well as for an increase of 45.2%or$1.5M
for annual pathway funding.
20243 Master Fees and Charges Page 13
Section 1: General
Business License and Liquor License
Business License
A business with anticipated or established gross revenue during a calendar year of no more than$1,000 and at
least 50%owned by a person under 19 years of age, are exempt from the following annual business license fees
(LOC 20.02.025):
3 or fewer 4—10 11 or more
Business License Fees employees employees employees
Initial issue fee $80 $ 110 $ 150
Renewal fee received on or before renewal date $64 $ 84 $ 110
Renewal fee received after renewal date $80 $ 110 $ 150
Additional review fee' $20 $ 30 $ 45
1. Renewal Period:
Applications for new business licenses should be submitted at least 30 days before the business opens.
New business licenses are in effect for the full twelve months after the month of initial issuance.
They are renewed annually thereafter.
2. Appeal Fees:
Appeal of issue, denial,suspension,or revocation of license $200
3. Temporary Business License:
License shall be valid for no more than two successive weeks during a calendar year.They are non-
renewable with a minimum fee of$25 per week(or portion thereof)and a maximum fee of$50 per
two-week period. Applicants are restricted to two temporary licenses per year.
4. Business License Violation Fee $550
Liquor License
The Oregon Liquor Control Commission (OLCC)solicits the City's recommendation on applications for new,
renewed,or changed liquor licenses.The City will no longer charge a fee for this service.
'Additional review fee applies to any application(initial or renewal)that requires additional review.
Page 14 20243 Master Fees and Charges
Section 1: General
Dog License (LOC 31.02.115)
Every person keeping a dog that has a set of permanent canine teeth or is 6 months old,whichever comes first,
shall procure a license for the dog. The license must be procured by paying the following fee to the City, not later
than 30 days after the person becomes keeper of the dog. A dog license shall be valid for up to 1,2,or 3 years,
and shall expire on the appropriate month end of the respective year.To stay within State Law, no license may be
issued with an expiration date that is beyond the end of the month of the applicable rabies vaccination expiration
date. Licenses are not prorated for partial years.
Expires on the appropriate month end
Dog license fees One year Two years Three years Rabies
Infertile $30 $60 $90 vaccination
Fertile $50 $100 $150 required
Delinquent license charge(after 2mo. past due) $20 plus license fee
Replacement dog tag $ 5
Dog impounded without license License fee plus impoundment fee
Impoundment fee(first pickup) $30
Impoundment fee(additional within 90 days) $60
Shelter fee Set by Clackamas County Dog Control Shelter
Dog license exceptions
1. Seeing-eye or other assistance dog: No fee is charged for certified seeing-eye or other assistance dogs as
defined in ORS 346.659A,such as"in-training", hearing-ear,or other assistance types recognized by a
qualified organization.
2. Rabies vaccination due to medical reasons: No rabies vaccination certificate is required as long as(1)the
examining veterinarian certifies that the dog should be exempted from the rabies vaccination due to
medical reasons and (2)states whether the reason is permanent or the date when exemption ends.
3. Kenneled for commercial sale(and not at large): The fee for a dog that is kept primarily in kennels for
commercial sale(and not permitted to run at large)as part of a dog breeder's inventory is$0;a dog that is
kept primarily in kennels(and not permitted to run at large), but is removed from the dog breeder's
inventory is$5. The keeper must provide evidence that the keeper is a dog breeder and that the dog is a
part of the breeder's inventory and/or is kept primarily in kennels for commercial sale and not permitted
to run at large.
4. New resident or new dog: New dogs are required to be licensed within 30 days of the owner becoming a
resident,of acquisition,or of first rabies shot,and for a one,two or three year license,depending on the
expiration of the rabies shot.After an additional 60 days,the delinquent license charge is added to the
regular license fee.
5. New dog licensed elsewhere: No fee is charged to owners of new dogs currently licensed elsewhere, but
are required to register the dog and obtain a City of Lake Oswego dog tag.
20243 Master Fees and Charges Page 15
Section 1: General
Rights of Way Usage Fee
On January 2, 2019,the Lake Oswego City Council adopted Ordinance 2804, adding Lake Oswego Code Chapter 51
("Utilities Facilities in Public Rights of Way").Chapter 51 established uniform regulations for utility operations in
the City's right of way, as well as a licensing and registration process that replaced individually negotiated franchise
agreements. Fees associated with Ordinance 2804 and Chapter 51 of Lake Oswego City Code were established via
Resolution 19-03,also adopted January 2, 2019.
Utility Service Annual Rights of Way Usage Fee*
Electric 5%of gross revenue
Natural Gas 5%of gross revenue
Cable 5%of gross revenue,or maximum amount permitted by applicable law
Communications 5%of gross revenue, $3.38 3.48 per linear foot of utilities in the rights-
of-way,or a minimum annual fee of $5,628 5,797,whichever is
greater;or the maximum amount permitted by applicable law.
The per-linear-foot fee and the minimum fee shall increase 3%
annually on January 1st of each year, beginning January 1,20208
Any utility operator that does not Based on Total Linear Feet of Utility Facilities in the Rights-of-Way:
earn gross revenue within the City.
Up to 5,000: $6,7536,956
5,001-10,000: $9,0049,274
10,001-20,000: $13,50513,910
More than 20,000: $22,51123,186
The minimum fee shall increase 3%annually on January 1st of each
year, beginning January 1,2020.
"Gross Revenue" means any and all revenue,of any kind, nature or form without deduction for expense, less net
uncollectibles,derived from the operation of utility facilities in the City,subject to all applicable limitations in
federal or state law.
Rights of Way License Application fee $250 for a five-year license
Rights of Way Annual Registration fee $150
*Government provided water,sewer, and stormwater utilities are not charged this fee.
8 Fees listed incorporate 3%escalator as of January 1,20212023
Page 16 20243 Master Fees and Charges
Section 1: General
Attachment Fees
As per City of Lake Oswego Ordinance 2820 and established in Resolution 19-03,wireless providers that deploy
infrastructure within the city right of way are subject to the following fees:
Utility Service Attachment Fees
Wireless Facility permit fee, charged for each wireless facility $996.191,026.08 per
application submitted to the City application
Additional attachment fee, if placed on City owned pole $868.88894.95 annually
Additional fee for optional permit pre-application meeting $533.63549.64 per occurrence
Additional fee for knockdown of any pole with wireless facility $4110.27453.48 per occurrence
attachment
All fees shall increase 3%annually on January 1st of each year, beginning January 1, 2020 9
9 Fees listed incorporate 3%escalator as of January 1,20232
20243 Master Fees and Charges Page 17
Section 1: General
Franchise Fees (as set by franchise agreements)
Electricity and Natural Gas
Portland General Electric
Franchise fee: 3.5%of defined gross revenue
Expires January 17,2023 (Ordinance 2610)
Garbage/Solid Waste
Republic Services
Franchise fee: 5%of gross cash receipts
Expires December 13, 2022 2032 (Ordinance
26002901)
Cable
Comcast(MACC) Ziply Fiber(MACC)
Franchise fee: 5%of gross revenue Franchise fee: 5%of gross revenue
Expires June 30, 2025 (Ordinance 2681) Expires May 25, 2022 (Ordinance 2486)
Telecommunication Services
Clackamas County Astound Broadband
No franchise fee(City receives use of 4 strands of Franchise Fee:A minimum of$1,500 per quarter
fiber) Expires August 4,2025 (Ordinance 2691) or 5%of gross revenue—whichever is greater
Expires December 17,2025 (Ordinance 2693)
Page 18 20243 Master Fees and Charges
Section 1: General
Public Records Fees'°
1. Copies of finance documents:
Biennial Budget $25 per copy Available online
Annual Audit(Comprehensive Annual Financial $25 per copy Available online
Report)
Biennial LORA Budget $ 5 per copy Available online
Annual LORA Audit(Year-end Financial Report) $ 5 per copy Available online
2. Copies of planning and engineering documents:
Capital Improvement Plan (CIP) $56 per copy Available online
Community Development Code(City Code Ch 50) $64 per copy Available online
Comprehensive Plan $56 per copy Available online
Public Facilities Plan $29 per copy Available online
Public Facilities Plan Appendix $56 per copy Available online
Neighborhood Plans $ 19 per copy Available online
3. Copies of maps:
Zoning map $20 per copy Available online
Comprehensive Plan map $20 per copy Available online
City Limits map $20 per copy Available online
City Atlas with binder $50 per copy
City Atlas(update w/o binder) $0.25 per page
4. Copies of Lake Oswego City Code:
Copies of Lake Oswego City Code— $55 Available online
excludes Ch 50(no binder)
Copies of City Code in PDF format(CD) $20 Available online
Copies of Community Development Code $20 Available online
in PDF format(CD)
5. Copies of community surveys $ 10 per copy Available online
6. General service copies $0.25 per page
7. Flash Drives $ 8 8 AA-BGB
$ 9 16 M GB
$13 32 MBGB
8. Records research $25 per 15 minutes/request(minimum $25)
plus copies and materials charges
9. Blueprints $ 1 to$7 depending on map size plus
$0.50 to$3.50 for overlays
10 Unless otherwise specified under individual department section.
20243 Master Fees and Charges Page 19
Section 1: General
Miscellaneous Fees
1. Employment application fee(including assessment tools&testing): Time&materials, not to exceed $25.
2. Administration Fee of 20%for insurance claims related to damage to City property.
3. Use fees(as shown in the Administrative Procedures Manual, Procedure No. 2): First use of City facilities
shall be by City or other governmental entities.These use fees will be applicable to private parties using
City facilities. Fee will include, but is not limited to, a facility supervisor fee, a janitorial fee, and a building
use fee.A security and/or cleaning deposit may also be required. Fee may be waived at the discretion of
the City Manager, barring requirements by State or local codes.
City Hall building use fee for weekend requests for Class III users:
• Community Room(Council Chambers and Courtroom)$100 for the first hour and$50 per
additional hour
• Conference Room$50 for the first hour and$25 per additional hour
• Park facilities have separate fees,see Section 6.
, facility supervisor fee: Rased upon employee's hourly rate plus benefits and applicable overhead charges.If overtime is
involved,the overtime rate will be charged.
Janitorial fcc: Hourly rate plus benefits of the custodial staff and applicable overhead charges will be charged to the user.
e Building use fee:
Community Room(Council Chambers and Courtroom)$100 for the first hour and$50 per additional hour
Conference Room$50 for the first hour and$25 per additional hour
Park facilities have separate fees,sec Section 6.
4. Request for construction contract bidding documents: As established in the Invitation to Bid.
5. Filming permit processing fee(LOC 20.06.400) $ 1,000
Filming permit processing fee appeal $ 100
See Commercial Filming in City Parks in Section 6 for additional fees(page 3332)
6. Lien search fee
Initial search per tax lot $58 for initial search
Subsequent search of same tax lot $ 15 for next 90 days
7. NSF check charges $20 for first offense
$35 for repeat offenses
8. Parking stall fee $ 1 per hour per stall
(Stalls could be located in public right-a-way or public parking lots)
9. EV Charging $0.11/kWh and a$0.75/HR after two hours of
use.
410. Passport Fees made payable to U.S. Department of State
a. For"minor"applications(under 16 years old) $ 80
b. For"adult"applications(16 years or older) $ 110 All passport fees are
c. To EXPEDITE any passport application ... add $ 60 set by the U.S.
d. For"minor" Passport Card only(under 16 years old) $ 15 Department of State
e. For"adult" Passport Card only(16 years or older) $ 30 1
4011. Passport Fees made payable to"City of Lake Oswego"
a. For regular passport applications $ 35 per passport application
Page 20 20243 Master Fees and Charges
Section 1: General
b. For Passport Card applications $ 35 per PASS Card only
Only one fee charged if applying for both
4412. Passport photo fee $ 15 per set of two
20243 Master Fees and Charges Page 21
Section 2: City Attorney's Office
City Attorney's Office
The following fees shall be charged for the services of the City Attorney's Office in providing discovery to retained
defense attorneys:
Discovery Fees
1. Copies up to 10 pagesE-discovery11 $401-
flat rate one-time fee
Each additional page $--0 5
2. Audio and video copiesElectronic $0 50 first DVD/CD/USB
transmission of E-discovery
$ 15 each additional copy
3. Review and Redaction of Audio and $ 10-8 8 P11-8GB
VidcoFlash Drives $ 154 161148GB
$204-3 32Md�BGB
$30 64GB
$60/hour after first 30 m utes(billed at 15_mi. ute� nts)
4. Copies of photographsPaper Copies $ 15 1 per letter size page (4 color print to a page)
up to 10 pages
Each additional Page $0.25 50 burned to CD(for up to 30)
5. Flash DrivesAudio and Video $50 first DVD/CD/USB
unavailable through e-discovery1z
6. Review and Redaction of Audio and $60/hour,after first 30 minutes(billed at 15-minute increments)
Video to comply with ORS 135.815
7. Copies of photographs unavailable $ 1 per letter-sized page(4 color print to a page)
through e-discovery $50 burned to a CD(for up to 30)
City Code
1. See Section 1:General, Public Record Fees,on page 19.
11 In general, e-discovery includes police reports and city-created digital visual materials(e.g. body worn camera,
vehicle mobile-audio-video, photographs, etc.)directly associated with the case.
12 In general,video materials not created by the City--such as cell phone videos—are not included in the flat rate
and must be separately requested.
Page 22 20243 Master Fees and Charges
Section 3: Fire Department
Fire Department
The following fees shall be charged for the Fire Department activities of the City.Any non-listed expenses to
provide services in Section 3 will be charged at cost.
General Fees
1. Fire and Inspection Reports
a. Reports up to 10 pages $25
Each additional page over 10 $0.25
b. Additional research time past first 15 minutes $25 per 15 minutes
charged to nearest quarter hour.
2. Fire Investigation Information and Other
a. Narrative report up to 10 pages $25
Each additional page over 10 $0.25
b. Digital disk flash drive copies $25
Each additional copy same diskflash drive $ 16
Plus charge for each picture $0.25
c. Photo log $25 each
d. Staff time past first 15 minutes charged to the $25 per 15 minutes
nearest quarter hour
3. Non-listed expenses to provide services in Section 3 Charged at cost
Medical Services and Transport Fees
1. Advanced Life Support Tr atment and Transport $1,448.091,523.39
{i mil age}Advanced Life Support(ALS), Level One,
Emergency
2. Non Emergent Transport ALS(+mil age}Advanced Life $991.521,523.39
Support(ALS), Level One
3. Non Emergent Transport BLS(+mil age)Advance Life $667.681,523.39
Support(ALS), Level Two
4. Basis Life S pport(BLS), Emergency $1,523.39
5. Basic Life Sport(BLS) $1,523.39
46. Tr atment without Transport(per hour, rounded to $316.35800
the quarter hour; 1 hour minimum,) plus supplies used
at costAdvanced Life Support On-Scene Treatment
57. Emergent Patient-Loaded Mileage $30.33 31.91 per mile
6, Non Emergent Patient Loaded Mil age $23.28 per mile
(Mileage charges begin at the location of the
emergency/incident scene and end at the destination
facility,and arc rounded up to the next tenth of a mile.)
8. Extra Attendant $101.21
(When a patient's condition warrants the presence of
additional medic support personnel to assist crew
during transport.)
79. Ambulance/Medical Standby Fees
20243 Master Fees and Charges Page 23
Section 3: Fire Department
(Standby fees are assessed on an hourly bases from the
time personnel arrive at the event until the conclusion of
onsitc functions in X hour increments.)
a. Paramedics{2 paramedic minimum, 3 hour $67.11 per paramedic257 per hour
minimum
13, Ambulance $55 per hour
eb. Billing/Administration $ 100
Emergency Services Rates
1. Apparatus costs: Per current Oregon Fire Service Mobilization Plan fee schedule.
2. Personnel costs: Fire employee's actual hourly rate plus benefits or the actual personnel costs to
replace on-shift firefighters in their assigned capacity.
3. Dive team and boat team operations:Apparatus and personnel costs apply; plus$60 per hour for
specialty equipment maintenance and miscellaneous costs associated with the use of specialty
equipment.
4. Emergency standby for hazardous utility incidents where Fire needs to protect life and property:
$289.81 per hour after the first half hour.
5. Non-emergency standby for special events: $289.81 per hour for Fire Apparatus
6. Calls for emergency services for accidents on highways, public right-of-ways, railways,or resulting from
other transportation incidents exceeding 0.5 hours may be billed according to the current payment
schedule in the Oregon State Mobilization Plan adopted by the Oregon State Fire Marshal's Office.
Fire and Life Safety Plan Reviews
1. Preliminary water and emergency access evaluation for all pre-applications $ 70
2. Detailed water and emergency access evaluation for all development and building permit applications:
a. Minor partitions(up to 3 lots) $ 140
b. Subdivisions $250
c. Commercial $250
d. All other applications requiring fire review $ 140
3. All fire code construction permits requiring fire review $250
4. All Fire Code Operational Permits $200
5. Mobile Emergency Responder Radio Coverage(MERRC)
a. 0 to 50,000 sq.ft. $0.50 per sq.ft.
b. Additional sq.ft.from 50,001 to 100,000 $0.30 per sq.ft.
c. Additional sq.ft.exceeding 100,000 $0.10 per sq.ft.
Fire and Life Safety Inspections
1. Initial inspection and 1st follow-up No fee
2. Each additional inspection, required for compliance $ 107 per hour
3. After-hours inspections $ 150 per hour(1 hour minimum)
4. Re-inspection fee for new construction after the second violation $ 107 per hour
Page 24 20244 Master Fees and Charges
Section 4: Library
Library
The following fees shall be charged for the Library Department activities of the City:
General Fees (LOC 16.08.310)
1. Uniform Library Network Fees
Non-resident card $95 per family per year
2. Library Penalty Fees
Lost and damaged library items Replacement cost,as determined by staff
3. Sale of withdrawn/surplus items Varies;typically$0.10-$3
4. Overdue fine $0.10 per item per day,with a $1 maximum fine per item
$ 1.00 per item per day,with a maximum fine equal to the
replacement cost of the item,for Library of Things material
5. Photocopy charges
General photocopy charges $0.10 per page
Reference collection photocopies $0.10 per page(first 5 pages are free)
Black and white internet printing charges $0.10 per page(first dollar used in any combination of
color and/or black&white is waived)
Color internet printing charges $0.25 per page(first dollar used in any combination of
color and/or black&white is waived)
20243 Master Fees and Charges Page 25
Section 5: Municipal Court
Municipal Court
The following fees shall be charged for the Municipal Court activities of the City:
General Fees
1. Delayed Payment Fee
This fee is assessed in order to help defray the costs of deferred payment of fines.
Duration of Payments Amount added to fine
0 to 60 days $ 0
Over 60 days $ 15
2. Vacate Fee $20
This is a fee charged when someone requests the Municipal Court Judge to review a file,
change the status,and/or vacate a charge from the DMV record.
4. Fix-it-ticket Administrative Fee $35
This fee is charged when the citing officer has designated the citation as one that will be
dismissed if proof of correction is provided before the initial appearance date.
5. Good Driver Deferred Sentencing Program Administrative Fee
Fee shall be the equivalent of the reduced presumptive fine for the charged offense.
6. Seatbelt and Child Restraint Violation
Deferred Sentencing Program Administrative Fee $ 100
7. Civil Compromise Administrative Fee $ 150
8. Court Appearance Audio Recording $25 each
9. Certified Copies of Court Documents $5 each
10. Copies up to 10 pages $ 15
Each additional page $0.25
Page 26 20243 Master Fees and Charges
Section 6: Parks & Recreation
Parks & Recreation
The following fees shall be charged for the Parks& Recreation activities of the City:
Recreation Services and Activities
The services and activity programs within Parks&Recreation are designed to meet the expectations of the Lake
Oswego community.A wide range of recreational activities are offered to all ages and ability levels.Services and
activity programs are offered to families and individuals at an affordable price and well within market value.
Fees
Each division shall determine fees based upon marketability and associated expenses for the specific program or
service.
1. Lake Oswego residents are given priority in registration and pricing for recreation services and activities.
Non-residents are charged additional fees of up to 1.5 times the base activity rate.
2. Fees are designed to cover 100%of the expenses associated with activities. Factors included in rates are:
Instructor wages and benefits,supplies/materials,entrance/admission fees, advertising, and
transportation.
3. Contract service provision of activities include fees to cover total expense plus a program administrative
percentage. Service providers are paid a negotiated sum per participant.
4. Lake Oswego Parks& Recreation (LOPR) Refund Policy
• 100%refund to ach registered and paid participant if LOPR cancels an activity,class or event.
requested seven calendar days prior to start date of
activity.
• Refunds requested within seven calendar days prior to thc start date of thc activity arc subject to$10
processing fcc(fcc applies to ach activity withdrawal).
• In lieu of a refund,the$10 processing fcc is waived with an option for activity fcc credit on customer
account.All credits arc non refundable a„d , ^' cable for OPR activity r trat;
issued.
Exceptions to thc refund policy may be made at staff's discretion depending upon extenuating
circumstances.
• 100%of refund if LOPR cancels an activity
• 100%refund for an activity fee if requested refund is seven (7)calendar days prior to the start date
of activity.
• Refunds requested after seven (7)calendar days prior to activity start date are processed upon
approval of the programmer and/or contractor and are subject to$10 processing fee(fee applies to
each activity withdrawal).
• In lieu of a check or credit card refund,and after seven (7)calendar days prior to start date of the
activity,the$10 processing fee is waived and activity fee credit is placed on customer account.All
credits are non-refundable and applicable for LOPR activity registration or user fees.
20243 Master Fees and Charges Page 27
Section 6: Parks & Recreation
Lake Oswego Recreation & Aquatics Center (LORAC) User Fee Schedule*
*Fees subject to change
Adult(18-59) $7.00 $11.00 $63.00 $99.00
Youth (3-18) $5.00 $8.00 $45.00 $72.00
Senior(60+) $5.00 $8.00 $45.00 $72.00
Adult (18-59) $125 $188 $400 $600 $35 $51
Youth (3-18) $106 $160 $340 $510 $29 $44
Senior (60+) $106 $160 $340 $510 $29 $44
Household** $234 $352 $750 $1,125 $64 $95
Add'I Youth $10 $15
Note: Resident status includes anyone who lives,attends,or works within the boundaries of the Lake Oswego School
District.
3 Month rates are the annual rate divided by 4 time 125%.
Monthly installment payments on annual memberships are based on automatic withdrawal(auto renew)from a
bank account or credit card.
**Household includes 2 adults and up to 3 youth. Each additional youth is another$10/$15 per month
3 Month/Annual/Annual Paid Monthly membership fees include:
• Lap Swimming and Independent Lane Workouts
• Open swim for individuals and families
• Parent/Preschool Swim
• Senior Swim
• Shallow/Deep Water Aerobics and/or Studio Aerobics classes***
• Access to Workout Room for ages 18+
• Open Play Gym Use
Drop in Rate:
Aerobics Classes $8.00/$10.00 (Water or Studio)
***Specialty water and studio fitness classes are NOT included in membership fee.
13 10 visit passes are a 10%discount over the daily fee.
Page 28 20243 Master Fees and Charges
Section 6: Parks & Recreation
Group Swim Lessons $75/Session $95/Session 1/2 hour 8 classes
Semi-Private Lessons(2) $100/Session $115/Session % hour 4 classes
Private Lessons $150/Session $175/Session 1/2 hour 4 classes
Water Therapy $40/Half Hour $60/Half Hour
Lifeguard Training $400/Session $475/Session
Water Safety Instructor Training $200/Session $250/Session
Water Fitness Instructor Training $200/Session $250/Session
Senior Swim Time $5/Session
Teen Time $5/Session
Parent/Preschool Swim $5/Session
Birthday Party Packages $250/Event $300/Event 2 hrs room and 12 swim
admissions
Oswego Hall Room 1 or Room 2 $150/Hour
Oswego Hall Rooms 1&2 $300/Hour
Oswego Hall Rooms 1&2 weekends $1800/6 Hours Event OLCC Server$150 per hour
Birthday Party Packages $250/Event 2 hours
LORAC Event Room $125/Hour 2 hour minimum
Fitness Studio $125/Hour 2 hour minimum
Gymnasium per court $75/Hour
Gymnasium (all courts) $150/Hour
Lane $22/Hour
6 Lanes $135/Hour
Recreation Pool $350/Hour 2 hour minimum
Competition Pool $450/Hour 2 hour minimum
Entire Aquatic Facility After Hours $1,000/Hour 2 hour minimum
Lake Oswego Golf Course (Name TBA)
Green Fees
Weekdays(Monday—Thursday) $23 $39
Weekdays Junior/Senior Rates $ 11 $21
Weekends/Holidays $26 $48
Range Fee
Club Rentals $ 18 $ 28
Pull Cart Rentals $ 5 Sil
Power Cart Rentals $12 PP $18 PP
Range Balls
Bucket Size $ 6 $ 9 $ 12
20243 Master Fees and Charges Page 29
Section 6: Parks & Recreation
Indoor Tennis Center
1. Court Fees
$24-$32/hour
Seasonal $22-$26/hour
2. Activity Rates
a. Staff Instructed Activities—Fees established by determining the instruction hourly rate charged plus an
additional administrative program percentage determined by market.
b. Private Lessons—Instructors who are employees of the City may teach private lessons. Instructors must
pay the City for the use of the courts at the seasonal rate.
c. Lake Oswego residents are given priority in registration and pricing for recreation classes and activities.
Non-residents are charged additional fees of up to 1.5 times the base class or activity rate.
3. Card Key Fee—A non-refundable fee of$20 resident, $30 non-resident annually.
4. Additional Fees—The Tennis Center shall be able to add new activities or programs during the year in order to
promote marketability of the facility.As with other activities,fees will be based on instruction hourly rate
charged plus an additional program administrative percentage determined by market.
Room Rental Fees
Dibbins Room Non Profit up to 3 hours all Others
Non Refundable Cleaning Fee $10 $10
Non Refundable CI oning Fee (with Food) $25 $25
Refundable Deposit $25 $100
Hourly Usage Fee $25/Hour $50/Hour
Exceptions to the rental policy may be made at staff's discretion depending upon extenuating
circumstances.
Athletic Field User Charges
1.
Turf Field fees
Natural Turf Artificial Turf
Category Daytime With lights Daytime With lights
Category 1 (LOPR Programs) No Charge No Charge No Charge No Charge
Category 2 (Recognized local youth $ 13/hr $ 18/hr $ 15/hr $20/hr
organizations, LOSD)
Category 3 (locally sponsored, LOSD) $30/hr $40/hr $30/hr $40/hr
Category 4(non-local&for-profit) $80/hr $ 100/hr $80/hr $ 100/hr
Category 1
Applies to all LORP&City of Lake Oswego affiliated activities.
Category 2-Applies to recognized local youth organizations.
Applies to recognized local youth organizations and Lake Oswego School District.
• 70%of participants are local residents. Participants considered local residents have a local home address
and/or attend a public school in the Lake Oswego School District.
Page 30 20244 Master Fees and Charges
Section 6: Parks & Recreation
• Additionally,these Organizations must maintain a "good standing"with LOPR in order to remain in this
category.
• Organizations must be based in Lake Oswego. Local youth organizations under the Community Schools
Program are considered category 3
Local youth organizations under the Community Schools Program arc included.
Category 3—This categories applies to tournaments, events,camps,clinics,and activities that are hosted by
recognized local youth leagues/organizations.
Applies to tournaments, events,camps,clinics,and activities that arc hosted by local youth I agues/organizations.
.—This includes other School Districts,athletics/sport leagues,civic groups,churches, business organizations,
neighborhood associations,and individual residents for non-profit purposes.
Category 4—This category applies to all clinics, camps,tournaments, and activities hosted by non-local
organizations.
Applies to all clinics,camps,tournaments, and activities hosted by non local organizations.
• This category also applies to all for-profit entities, regardless of location address or local participation
percentage.
1. League Cleaning&trash disposal fee $200 per session
_$200 per session
(Covers cost of trash pick-up on athletics fields over and above regular trash disposal)
2. Field IightLights turn off fcc:
Acharge:A field-lights turn off fcc charge of$50 per occurrence will be applied to billing when lights are
not turned off by field users and must be turned off by City Staff.This fcc charge applies in the following
circumstances:
$50 per occurrence
a. Cancelled field use,without notification for the purpose of turning off field lights or to cancel requested
field lights programming.
b. Leaving field earlier than the scheduled reserved time without turning off lights.
3. Additional Fees:
City may charge field usoadditional fees for category 3 and 4 users,without notification for the purpose of
turning of turning off field lights or to cancel requested field lights programmingover and above the hourly
rates listed,to cover costs such as concession stand use, cleaning,garbage,etc.
4. Tournament and Camp Refund
.—Tournaments and Camps will not be issued a refund or credit due to unused fields or hours
•
• Cancellations made at least 7 days in advance will receive a full refund minus a$25 cancellation fee.
• A refundable damage deposit of$500 will be assessed to all tournament rentals.
Field Preparation Fees Local Organizations:
Baseball/Softball Fields No charge for initial set up
Soccer League Field:, No charge for initial set up
Additional lining(large field) $200*
20243 Master Fees and Charges Page 31
Section 6: Parks & Recreation
Additional lining(small field) $200*
Football Fields No charge for initial set up
Additional lining $200*
*Subject to written approval by the Parks and Recr ation Director or designee
5, Admission/Event Fees:
Or.anizations which charge admission or event fees at any City athletic field must notify the Parks and
Recr ation Department ten days before the scheduled event and will be charged 10%of the gross income
received.The group will be required to provide Parks and Recr ation with financial records of their event
within five working days after the completion of the event.Spectators who do not wish to pay admission
or make a donation arc to be ADMITTED FREE.
Drop in gym programs $4 Resident
$8 Non resident
Adult Community Center Fees
1. Human Services Programs
a. A per participant donation may be suggested for specified human service programs.
b. Fees are designed to cover up to 100%of the expenses associated with the Social Services trips
and Respite Program.
c. A$30-$50 per session (per participant) resident, $35-$55 per session (per participant) non-resident
fee is designed to cover direct expenses associated with the respite program.
d. Classes and other programs generating revenue for another entity, but held at LOACC may be
charged a per person fee.
2. Shuttle Bus Transportation to and from the Center.
Suggested donation is$1 per one-way ride.
3. Refund Policy
• 100%refund to each registered and paid participant if LOPR cancels an activity,class or event.
• 100%refund for an activity fee if refund is requested seven calendar days prior to start date of
activity.
• Refunds requested within seven calendar days prior to the start date of the activity are subject
to$10 processing fee(fee applies to each activity withdrawal).
• In lieu of a refund,the$10 processing fee is waived with an option for activity fee credit on
customer account.All credits are non-refundable and applicable for LOPR activity registration
or user fees.
• After an activity start date(day of or after),only a prorated refund credit on customer account
is issued.
4. Trip Refund Policy
Trip Refund Policy:There are no refunds for trips that include expenses prepaid by the ACC unless a
replacement participant can be found.All other trips may be canceled with a refund per the L.O.
Park& Recreation refund policy.
Page 32 20248 Master Fees and Charges
Section 6: Parks & Recreation
5 Room Rental Fees14
Adult Community Center Non-Profit Organization All Others
Up to 3 hours
Oak/Acorn Rooms:
Non-Refundable Cleaning Fee $25 $25
Non-Refundable Cleaning Fee(with food) $50 $50
Refundable Deposit $75 $200
Hourly Usage Fee $50/hr $ 100/hr
Trillium/Hazel/Dogwood/Birch/Cedar/Madrone
Rooms:
Non-Refundable Cleaning Fee $ 10 $ 10
Non-Refundable Cleaning Fee(with food) $25 $25
Refundable Deposit $25 $ 100
Hourly Usage Fee $25/hr $50/hr
TV Monitor w/HDMI access $20 per use $20 per use
Microphone and speakers $40-30 per use $4-0-30 per
use
Hybrid Equipment $ 20 25 per use $20 25 per
use
Podium $20 per use $20 per use
White Board Easel w/paper $20 per board $20 per board
After hour staff $25 per hour $25 per hour
Exceptions to the rental policy may be made at staffs discretion depending upon extenuating
circumstances.
6 Additional Fees
The Adult Community Center shall be able to add new activities or programs during the year
in order to promote marketability of the facility.As with other activities,the fee will be based
on a base rate plus overhead.
Swim Park
Daily usage is free to local residents in compliance with an agreement between the Lake Corporation and
the City of Lake Oswego
Water Sports Center
Lake Oswego Rowing Club Foundation has an agreement with the City to operate the Water Sports Center.
User activity fees are set by the Lake Oswego Rowing Club Foundation.
14 Non-residents are charged fees 1.5 times the resident fees for all rental fees.
20243 Master Fees and Charges Page 33
Section 6: Parks & Recreation
Park Reservation Fees15
1. Facility Rental—Exceptions to Section 1, Miscellaneous Fees, page 20.
Facility Rate I Rate II Rate III
Park Picnic Shelters $85/3 hrs $ 100/3 hrs $ 190/3 hrs
Millennium Park pergola area $ 110/hr $ 160/hr $460/hr
Millennium Stage/grassy knoll $ 60/hr $ 110/hr $310/hr
Foothills Park Pavilion $ 110/hr $ 160/hr $360/hr
Foothills Amphitheater $ 110/hr $ 160/hr $310/hr
Foothills Pavilion Grass Area $ 60/hr $ 110/hr $310/hr
Foothills Viewing Dolphins $ 60/hr $ 80/hr $220/hr
Roehr Park Amphitheater&Viewing $ 160/hr $230/hr $520/hr
Dolphin
Roehr Excursion boat dock for— $ 60/hr $ 80/hr $220/hr
commercial dockinguse
Non-shelter Parks Areas16 $ 60/hr $ 80/hr $220/hr
Refundable damage deposit
Park Shelters George Rogers,
East Waluga,West Waluga $ 100/use
Premier Parks: Millennium Plaza $500/use
Park, Foothills Park and Roehr
Park
Special Events $500/use
Rate I: Open or closed to the public; events with no sales, no admission fees, no concession sales,
no entry fees,and no pledges of future revenues; no sponsor signage allowed.
Rate II: Open to the public;events which generate sales, admission fees,concessions,entry fees
and/or pledges of future revenues;sponsor signage allowed.
Rate III: Closed to the public;events which generate sales,admission fees,concessions,entry fees,
and/or pledges of future revenues;sponsor signage allowed.
2. Food trucks with facility reservation $60/hr
3. Special Event Application Fees and Special Event Park Reservations
• Special Event Application Fee-other than for City Sponsored Events
Application must be received 60 days prior to the event. Fee is$150200.
• For reservations that are tied to a Special Event Permit that use park areas,standard
Park/Premier Park fees apply and are in addition to the Special Event Fee.
• Additional City Staff maybe needed to support an event. In such case there is an additional
$150/hr per person for the need time at the event.
is Non-residents are charged fees 1.5 times the resident fees for all rental fees.
16 Includes other park areas not listed such as lawn areas,plazas,gardens, historical sites,or use of ball fields or parking lots for
special events.
Page 34 20243 Master Fees and Charges
Section 6: Parks & Recreation
4. Refund Policy
• 100%refund of reservation fee if LOPR cancels the reservation.
Shelter Reservation Refund:
• If a reservation is canceled 14 days prior to reservation date,a full refund is given, less
the$10 processing fee.
• If a reservation is canceled less than 14 day prior to the reservation date only the
refundable deposit will be refunded.
Premier Park and Special Event Park Refund:
• If a reservation is canceled 30 days prior to reservation date a full refund is given, less
the$10 processing fee.
• If a reservation is canceled less than 30 days prior to the reservation date 50%of the full
payment will be refunded. The Special Event Permit Application fee is not refundable.
Miscellaneous Fees
1. All Parks Plans $30 per copy
2. Research fee $25 per 15 minutes($25 minimum)
plus copy and material charges
Commercial Photography and Filming in City Parks
See also Filming Permit in Section 1 for the additional processing fees, page 20.
1. Film/Video rate per venue
a. One day fee-no park closure required $ 250
b. One day fee-park closure required $ 1,000
Damage deposit may be required,depending on scope of filming.
2. Still Photography day pass rate per venue
a. 1 to 5 hours $ 55
b. 6 to 24 hours $ 110
3. Annual Photo Pass(All Parks) $ 150
4. Long-term shoot:Any shoot over 24 hours will be considered a long shoot. Fees will be assessed for each
24 hour period.
5. For ..asses that need full park closure, park reservation fees will apply. Fees found on page 31.
Personnel Fees: City employees needed to assist with Special Events and/or Film Permits
$105150/hour/person,subject to availability.
20243 Master Fees and Charges Page 35
Section 7: Police Department
Police Department
The following fees shall be charged for the Police Department activities of the City:
Security Alarm Permit and Fees (LOC 20.08.606)
Voluntary Annual Alarm Permit Fee $25
Security Alarm Code Violation Fines (LOC 20.08.612)
Fines for excessive false alarms in a permit year shall be as follows:
Second false alarm in any year $ 100
Third false alarm in any year $ 125
Fourth false alarm in any year $ 175
Fifth false alarm in any year $275
Sixth and any additional false alarms $425
Fines for excessive false alarms WITH a voluntary alarm permit shall be as follows:
Third and succeeding false alarm in any year $ 100
Police Reports (LOC 14.06.220)
1. Copies up to 10 pages $ 15
Each additional page $0.25
2. 911 audio recording $50 per recording
Audio and Video Copies $50 first recording(DVD/CD/USB) &$ 15 each
additional copy
CAD Incident Report $10
3. Review and Redaction of Audio and Video $60/hour,after first 30 minutes(billed at 15-minute
increments)
Miscellaneous Police Fees
1. Records research (LOC 14.06.220) $25 per 15 minutes($25 minimum)
plus copy and material charges
2. Copies of photographs (LOC 14.06.220) $ 1 per color print
$50(for up to 30) burned to CD, plus$ 1 each
thereafter
3. Storage fee at P.I.T.for vehicles&equipment $50 per day
4. Hazmat quarantine/investigation $250 per day
5. Police impounded vehicle fee $350 per vehicle
6. Overtime charge*for special events requiring police services are determined based upon which of the
following positions are utilized for a minimum of 4 hours:
Community Services Officer(CSO), Police Officer,Sergeant, Lieutenant,and/or Captain.
*Contact the Police Department for this charge.
Page 36 20243 Master Fees and Charges
Section 8: Public Works Support Services
Public Works Support Services
The following fees shall be charged for the Public Works Support maintenance activities of the City:
General Fees
1. Public facilities damage(street signs,water lines,etc.) Billed at cost plus 20%for overhead plus lost revenue
2. Sign installation for new subdivisions Billed at cost plus 20%for overhead
Second inspection at cost plus 20%for overhead
3. Citizen-requested items(hydrant relocation,water
service relocation,etc.) Billed at cost plus 20%for overhead
20243 Master Fees and Charges Page 37
Section 9: Building
Building Division
A 12%surcharge fee as mandated by the State Building Codes Division is applied to all permit fees.
The following fees''shall be charged for the Building Division activities of the City(LOC 45.01.040):
Building Permits
Valuation is based on the tables referenced in Oregon Administrative Rule 918-050-0100 and 0110.
1. Total Valuation
$ 1 to$2,000 $102.82 up to and including$2,000
$2,001 to$25,000 $102.82 for the first$2,000 plus$9.40 for each additional $1,000
or fraction thereof, up to and including$25,000
$25,001 to$50,000 $319.02 for the first$25,000 plus$6.75 for each additional$1,000
or fraction thereof, up to and including$50,000
$50,001 to$ 100,000 $487.77 for the first$50,000 plus$4.70 for each additional$1,000
or fraction thereof, up to and including$100,000
$ 100,001 to$500,000 $722.77 for the first$100,000 plus$3.00 for each additional$1,000
or fraction thereof, up to and including$500,000
$500,001 to$ 1,000,000 $1,922.77 for first$500,000 plus$2.55 for each additional $1,000
or fraction thereof, up to and including$1,000,000
$ 1,000,001 and up $3,197.77 for first$1,000,000 plus$1.65 for each additional$1,000
or fraction thereof
2. Minimum Structural Permit $102.82
Fee
3. Plan review fees 65%of structural permit fee
4. Fire&life safety review fee 40%of structural permit fee (on commercial only)
5. Other inspections — see also Other Inspection and Fees(pg.4443)
a. Inspections for which no fee is specifically indicated $ 102.82 per hour
b. Additional plan review required by changes,additions,or revisions to plans $ 102.82 per hour
6. Phased Plan Review
Phased Plan Review fees shall be$250 plus 10%of the total project building permit fee and shall not
exceed $1,500 pursuant to the authority of OAR 918-050-0160.This is in addition to standard plan review
fees.
17 The Building Division Permit Fees and Plan Review Fees were modified and increased in response to implementation of the
State of Oregon Permitting System,per Resolution 20-27.
Page 38 20243 Master Fees and Charges
Section 9: Building
7. Deferred submittals Plan Review
The fee for processing and Plan Review of deferred submittals shall be 10%of the
building permit fee, using the value of the particular deferred portion or portions
of the project but not less than $275.This fee is in addition to standard Plan
Review fees.
Architects and Engineer's exemption for plan review of"conventional light frame construction"
(allows architects and engineers to perform plan reviews in lieu of the jurisdiction) pursuant to the
authority of ORS 455.628
8. Administration fee for processing and facilitating issuance $250
9. Commercial Fire Systems— based on valuation, see Structural Permit Fee Table
10. Residential Fire System —Standalone System, includes plan review
Square footage Permit fee
0 to 2,000 $231.00
2,001 to 3,600 $313.50
3,601 to 7,200 $372.25
7,200 and above $437.25
11. Prescriptive Solar Panel Installation Permit— includes plan review(does not $ 125
include Electrical Permit) *
12. Non-Prescriptive Solar Panel Installation — See Building Permit Fee Valuation Schedule
13. Change of Occupancy $250
14. Temporary Certificate of Occupancy $ 125 per month
*Fee is required by Oregon Administrative Rule#918-050-0180
Electrical Permits
1. New residential,one-and two-family dwelling unit
1,000 square feet or less $293.60
Each additional 500 square feet or portion thereof $ 59.80
Each manufactured home, modular dwelling service,or feeder $ 118.50
Limited energy $ 100.00
New multi-family largest unit is calculated as per square footage
rates above and each additional unit calculated at 50%of the fee for
the largest unit
2. Service or feeders: installations, alterations,or relocation
200 amps or less $ 175.05
201 amps to 400 amps $231.60
401 amps to 599 amps $349.05
600 amps $349.05
601 amps to 1,000 amps $524.10
Over 1,000 amps or volts $958.45
Reconnect only $ 110.00
20243 Master Fees and Charges Page 39
Section 9: Building
3. Temporary services or feeders: installations,alterations,or relocation
200 amps or less $ 102.20
201 amps to 400 amps $ 217.45
401 amps to 599 amps $ 293.60
600 amps $ 293.60
601 amps to 1,000 amps $ 430.00
Over 1,000 amps or volts $ 814.65
4. Branch circuits: new,alteration,or extension per panel
With purchase of service or feeder, each $ 13.45
Without purchase of service or feeder
First circuit $ 97.85
Each additional circuit $ 13.45
5. Miscellaneous(service or feeder not included)
Each pump or irrigation circle $ 118.50
Each sign or outside lighting $ 118.50
Signal circuit(s)or a limited energy panel, alteration, or extension $ 118.50
Renewable energy for electrical systems-5kva or less $ 151.15
Renewable energy for electrical systems-5.01kva through 15kva $ 180.45
Renewable energy for electrical systems-15.01kva through 25kva $ 293.85
Renewable energy-solar generation over 25kva $ 293.85 +$ 11.74
(permit charge will not increase beyond the calculation for 100kva) per added kva
Renewable energy for wind system-25.01kva through 50kva $ 587.75
Renewable energy for wind system-50.01kva through 100kva $ 1,175.55
Renewable energy for wind system-misc.fee, hourly rate $ 110.00
6. Each additional inspection over the allowable in any of the above, per $ 110.00
inspection
-see also Other Inspections and Fees(pg.4443)
7. Special inspections per hour $ 110.00
8. Master Electrical Permit-on time applications fee $ 100.00
9. Master Electrical Inspections-per hour $ 110.00
10. Initial Electrical permit plan review fee is 25%of the electrical permit fee.
11. Addition plan review-electrical-per hour $ 110.00
Page 40 20243 Master Fees and Charges
Section 9: Building
Mechanical Permits (Residential)
Unit Fee Schedule
1. Furnace
Less than 100,000 BTU input $36
Greater than 100,000 BTU input $36
2. For the installation or relocation of each floor furnace, including vent $36
3. Furnace/burner including duct work/vent/liner $20
4. For the installation or relocation of each suspended heater, recessed wall heater,or
floor mounted unit heater $29
5. For the installation, relocation,or replacement of each appliance vent or chimney
installed and not included in an appliance permit $20
6. For the repair,alteration,or addition of an Air Handler or Heat Exchanger
up to 10,000 cfm $36
10,001 cfm and over $36
7. Wood or Pellet stove, including hearth and wall shield $36
8. Gas or wood fireplace insert $36
9. Pool or spa heaters/kilns $20
10. Flue vent for water heater or gas fireplace $20
11. Decorative gas fireplace $36
12. Oil tank/gas/diesel generators $21
13. Installation or relocation of domestic type incinerator $20
14. Hydronic hot water system $50
15. Ventilation fan connected to a single duct $ 14
16. Installation of hood served by mechanical exhaust, including ducts for hood $22
17. Range hood/other kitchen equipment $22
18. Heat pumps $50
19. Air conditioners $50
20. Mini split system $50
21. Evaporative cooler other than portable $50
22. Water heater includes vent/flue only $21
23. Repair,alteration,or addition to mechanical appliance including installation of $21
controls
24. Ventilation system not a portion of heating or air conditioning authorized by permit $21
25. Attic/crawl space fans $ 14
26. Radon mitigation $ 14
27. Clothes dryer exhaust $ 13
28. Ductwork-no appliance/fixture $20
29. Barbecue $21
30. Chimney/line/flue/vent $20
31. Other heating/cooling $21
20243 Master Fees and Charges Page 41
Section 9: Building
32. Other fuel appliance $21
33. Other environment exhaust/ventilation $21
34. Permit fees for fuel gas-piping shall be
For each gas-piping system of one to four outlets $ 14
For each gas-piping system of more than four outlets, per outlet $2.20
35. Appliance or equipment regulated by code, but not classified in other appliance $21
categories
36. A minimum charge for mechanical permits $ 102.82
37. Each additional inspection over the allowable, per inspection —see also Other $ 102.82
Inspections and Fees(pg.44)
38. Residential Plan Review 25%of total permit fee
Mechanical Permits (Commercial)
Use this section for commercial installation, replacement,or relocation of non-portable mechanical equipment or
mechanical work not covered previously. Indicate the value of all mechanical labor, materials, and equipment.
Value Permit Fee Amount
$ Less than $5,000 $ 102.82
$5,001 to$ 10,000 $ 102.82 plus$ 1.50 for each additional$ 100 over$5,000
$ 10,001 to$ 100,000 $ 177.82 plus$ 10.20 for each additional$ 1,000 over$ 10,000
$ 100,001 and above $ 1,095.82 plus$7.00 for each additional $ 1,000 over$ 100,000
Plan review Fees A mechanical plan review shall be paid.The fee is equal to 25%
of the total permit fee.
Page 42 20243 Master Fees and Charges
Section 9: Building
Plumbing Permits (LOC 46.02) These fees do not apply when solely replacing
fixtures without re-plumbing and/or relocating
1. Fixture fees are as follows—note,there is a minimum them (except for water heaters, item ee.).
Residential Plumbing permit fee of$97
a. Roof Drains(commercial) $24
b. Absorption valve $24
c. Hose bibb $24
d. Backwater valve $24
e. Catch basin or area drain $24
f. Drinking fountain $24
g. Trench drain, per 100'or any portion thereof $ 102.82
h. Expansion tank $24
i. Fixture cap off $24
j. Storm water retention/detention tank/facility $24
k. Manufactured home utilities, per 100' or any portion thereof $ 102.82
I. Ice maker $24
m. Rainwater harvesting $24
n. Alternate potable water heating system $24
o. Other—plumbing $24
p. Septic abandonment $24
q. Interceptor/grease trap $24
r. Manhole $24
u. Sink/basin/lavatory $24
v. Swimming pool piping to backflow only per 100' or any portion thereof $ 102.82
w. Tub/shower/shower pan $24
x. Urinal $24
y. Water closet $24
z. Dishwasher $24
aa. Garbage disposal $24
bb. Clothes Washer $24
cc. Floor drain/floor sink/hub drain $24
dd. Sewer, per 100'or any portion thereof $ 102.82
ee. Water heater $24
ff. Water service, per 100'or any portion thereof $ 102.82
gg. Storm drain, per 100'or any portion thereof $ 102.82
hh. Sewage ejector pump and sump pump $24
ii. Primer $24
jj. Backflow prevention device or anti-pollution device $24
kk. Any trap or waste not connected to a fixture $24
II. Any other plumbing installation, not otherwise listed in this schedule,
having a sanitary waste or potable water supply $24
mm. Re-piping of existing fixtures
First fixture $ 17
Each additional fixture $ 10
20243 Master Fees and Charges Page 43
Section 9: Building
nn. Minimum fee for plumbing permits—Commercial/Residential $ 102.82
2. For NEW one-and two-family dwellings only,the fees are per bathroom as follows
(this fee includes 100 feet for each utility connection, hose bibbs, icemakers,
underfloor low-point drains, and rain drain packages that include piping,gutters,
downspouts,and perimeter system):
a. One bath $333.50
b. Two baths $362.25
c. Three baths $402.50
d. Each additional bath/kitchen $ 130.80
3. Each additional inspection over the allowable, per inspection—see also Other $ 102.82
Inspections and Fees(pg.44)
4. Plumbing Plan Review-Add 30%of fees as calculated above for plan review, if required.
5. Commercial Plumbing-Medical gas fees:
a. Medical gas permit fees shall be based on the value of installation costs and the system
equipment, including but not limited to inlets,outlets,fixtures,and appliances, Med Gas
permits are subject to the Commercial Plumbing minimum permit fee. Medical gas plan review
—see Commercial Plumbing plan review.
6. Residential Fire System—Multipurpose/Continuous Loop system, includes plan review
Square footage Permit Fee Amount
0 to 2,000 $231.00
2,001 to 3,600 $313.50
3,601 to 7,200 $372.25
7,200 and above $437.25
Grading and Fill Permits
Plan Review $ 125
50 to 1,000 cubic yards $ 150
1,001 to 10,0000 cubic yards $250
10,001 to 100,0000 cubic yards $350
100,001 cubic yards or more $450
Demo and Deconstruction Permits
Residential one-and two-family structures $300
Commercial buildings $400
Page 44 20243 Master Fees and Charges
Section 9: Building
Manufactured Home Permits
Installation permit fee includes the concrete slab, runners or foundations when prescriptive,electric feeder and
plumbing connections and all cross-over connections.
Installation Permit Fee $445
State Fee $ 30
ORS 446.176(1)and OAR 918-5000105 require all local governments providing construction permits or inspections
for manufactured dwelling and cabana installations to collect and remit to the Department of Consumer and
Business Services a$30 fee for each installation permit issued.This fee is to be added to manufactured dwelling
and cabana installation permits only and should not be added to accessory structures or building,electrical,
plumbing, mechanical permits or plan reviews.
Manufactured Dwelling/RV Parks
The Area Development Permit fee to be calculated based on the valuations shown in Table 2 of OAR
918-600-0030 for Manufactured Dwelling/Mobile Home Parks and Table 2 of OAR 918-650-0030 for
Recreational Park&Organizational Camp—and applying the valuation amount to Table 1 as referenced
for each.
Community Development Code Enforcement Charges
Single family $ 163
Multi-family $ 163 plus$163 per each 12 units
Office/Retail
0—5,000 square feet $ 163
5,001- 10,000 square feet $326
10,001-25,000 square feet $487
25,001-50,000 square feet $648
50,001+square feet $811
Industrial/Public/Institutional
0—20,000 square feet $ 163
20,001-30,000 square feet $326
30,001+square feet $487
Enforcement
Stop Work $550
Building Violation (LOC Chapter 45) $550
Record Retention and Archiving Fees
For purposes of archiving records per State mandate $31.00 Flat fee on all permits
20243 Master Fees and Charges Page 45
Section 9: Building
Research and Consultation Fees
Records Research $25 per 15 minutes/request, minimum 15 minutes
Fee Estimates - new residential and commercial projects $ 100 per hour per request, minimum one-hour
Consultation for code review, hypothetical projects $ 100 per hour, minimum 1/2 hour
Supplemental Plan Review $ 100 per hour, minimum 1/2 hour
Other Inspections and Fees
1. Inspections outside of normal business hours(minimum charge= 1 hour) $ 120 per hour
2. Re-inspection fee assessed under provisions Section 305 (f) $ 102.82 per inspection
3. Inspections for which no fee is specifically indicated $ 102.82 per hour
4. Additional plan review required by changes,additions,or revisions to $ 102.82 per hour
approved plans (minimum charge= 1 hour)
5. Work commencing before permit issuance
Any person who commences any work on a building or structure before obtaining the necessary
permits shall be subject to an investigation fee of$125 per hour,which is equal to the average cost of
an inspection.
Exception: A one-time exemption shall apply to homeowners applying for their own permits.
Seismic Surcharge—Structural/Mechanical—review 1%of building permit fee
required on all essential structures
Additional Miscellaneous Fees
1. The fee to a governmental agency shall be determined by the provisions set
forth under ORS 190.003 to 190.110 for the purpose of carrying out the $ 102.82 per hour
respective responsibilities of each agency. or portion thereof
2. Re-inspection fee for structural,electrical, mechanical,and plumbing permits
shall be charged for inspection of violations found by the Building Official after
the second violation. $ 102.82 per hour
3. The fee to any governmental agency or person for specifically requested $ 102.82 per hour
inspections or surveys. or portion thereof
4. Housing moving permit (LOC 45.12.510):
Relocating within Lake Oswego $452
Moving out of Lake Oswego $224
Refunds
1. Permit Refunds
a. Where a permit has been issued and no inspections have been completed,80%of the permit fee will
be refunded.
b. There are no refunds when a permit has been issued and inspections performed or permit has
expired.
2. Plan Review Refund
a. Where a permit has not been issued,80%of the plan review fee will be refunded.
b. There are no refunds when a plan review has been started by any department.
Page 46 20243 Master Fees and Charges
Section 10: Engineering
Engineering Division
The following fees shall be charged for the Engineering Division activities of the City:
Minor Utility Facilities, Installed or Constructed by Public18 or Private Entities
Street Opening Permit Fee* Improved Unimproved
surfaces surfaces
1. Minor utility structures,except substations, but including poles, lines,
pipes or other such facilities $300 $ 150
2. Sewer,storm drainage,or water system structures, excluding treatment
plants, reservoirs or pump stations; but including reconstruction of
manholes,valves, hydrants,or other portions of the collection,treatment,
and distribution systems located within public property, right-of-way,or
easements. This includes sewer,storm and water lateral installations or
taps $300 $300
3. Street improvements within existing development, including sidewalks,
curbs,gutter,catch basins, paving,signs, and traffic control devices and
street lights $300 $ 150
4. Permit and inspection of new driveway approach or relocation of an existing approach $50
General Engineering Fees
1. Engineering plan review and — 9% of the final estimated construction costs, as approved by
inspection of public or private the City Engineer or $1,000 whichever is greater. A deposit of
infrastructure,grading,or other $1,000 must be submitted with the initial plan submittal prior
incidental work that is not to review beginning. Fee will include the cost for City to install
reviewed and inspected under any sign or pavement marking installations within the right-of-
State Building Specialty Codes and way,as delineated in Section 8: Public Works Support Services,
delegated to Engineering. unless extenuating circumstances require the City Engineer to
recover the cost of such items for large public improvement
projects. Final payment of the balance of the 9% fee will be
based on final estimated construction costs, and must be
received by the City prior to issuance of the permit for
construction. *Performance bonds may be required for large
projects.
2. Appeal of a staff decision or hearing
body to the next higher authority. $ 100
3. Street vacation $ 1,500
4. Quitclaim $200
5. Blasting Permit $250 application fee plus engineering costs to administer
and observe blasting operations billed at labor and
materials plus overhead billed at 2.4 times direct costs.
6. Document recording to comply with
conditions of development approval
(i.e.,easements, agreements, etc.) Actual County recording costs
18 Quasi-public agencies other than the City and Franchise Utilities.
20243 Master Fees and Charges Page 47
Section 10: Engineering
Other Engineering Fees
1. Drinking water analysis $ 60
2. Encroachment Permit
Type 1—Minor $300
Easily removable structures,such as fences, driveway,
entrances, monument walls,or timbers, less than 3'tall,or
other non-loadbearing structures.
Type 2—Major $750
Relatively large structures that may need engineering,
such as driveway decking, reinforced concrete structures,
boathouses, decks and hatches over in-lake manholes,or
other structures that are not typically found in rights-of-
way or public easements.
3. Encroachment Appeal $500 per appeal
4. Zone of Benefit Formation, exclusive of LID Boundaries $2,000
5. Rivergrove Sewer Connection Fee 19 $200
6. Lien segregation
One parcel into two $200
Each additional parcel $ 100
7. Street widening $300
8. Street name change $250
9. Change of address request for reasons other than fire and life $500
safety,or as a result of land use procedures.
10. Erosion control permit, plan review and inspection fee20
Dwelling Type:
Single family residential $350
Multi-family/Commercial 500 sf up to 1 acre $ 700
1 acre21 or greater $ 1,500
11. Single-family residential landscaping erosion control
permit, plan review and inspection fee $ 100
12. Site re-inspection fee (after two inspection site visits) $ 100
13. Investigation fees: Work without a permit
Investigation - Whenever any work for which an erosion control permit is required has commenced
without first obtaining said permit, a special investigation shall be made before a permit may be issued
for the work.
Fee-An investigation fee equal in amount and in addition to the permit fee shall be collected whether
or not a permit is issued.
19 Check with engineering department for additional connection fee related to new zone of benefits established for certain
properties.
20 Check with engineering department for additional connection fee related to new zone of benefits established for certain
properties.
21 Effective 1/1/03,impact areas 1 acre and greater will require a 1200-C permit per the Oregon Department of Environmental
Quality(ODEQ).
Page 48 20243 Master Fees and Charges
Section 10: Engineering
14. Erosion control enforcement fees:
For violations of LOC Chapter 52 and in addition to penalties prescribed under LOC 52.06, enforcement
fees may also be assessed on a time and materials basis plus overhead billed at 2.4 times direct costs.
15. Illicit Discharge Enforcement Fees:
For violations of LOC Chapter 38(Utility Code)and in addition to penalties prescribed under LOC
38.26.930 and LOC 38.26.935, enforcement fees may also be assessed on a time and materials basis plus
overhead billed at 2.4 times direct costs.
20243 Master Fees and Charges Page 49
Section 11: Planning
Planning Division
The following fees shall be charged for the Planning Division activities of the City(LOC 50.07.003.2):
Ministerial Developments (LOC 50.07.003.13)22,23
1. Accessory building which requires a building permit(e.g.,garage, No Fee
carport)
2. Accessory structure or use(e.g.,driveway,fence) No Fee
3. Duplex No Fee
4. Exterior remodeling of duplex or single-family dwelling requiring a No Fee
building permit
5. Home Occupations Business License
6. Lot Line Adjustment $2,1052,181
Process to correct an illegal Lot Line Adjustment $2,1052,181
7. Temporary Structures, Use Business License&Sign Permit,
if applicable
8. Sidewalk Display $ 36 37
9. Accessory dwelling unit No Fee
Minor Developments (LOC 50.07.003.14)23,24
1. Change of use $/1,1674,628
2. Development in DD Zone:
Duplex in R-DD zone (hearing body action) $6,2816,507
Exterior remodeling of duplex or single-family dwelling
requiring a building permit in R-DD Zone(hearing body action) $6,2816,507
Single-Family Dwelling in R-DD Zone(hearing body action) $6,2816,507
Zero lot line dwelling in R-DD Zone(hearing body action) $66,507
3. Development within the Greenway Management Overlay District
Boundary' $/1,7114,912
4. Development Review:
Multi-family, Commercial, Industrial, Institutional,Townhouses $6,2816,507+37%of building
permit fee.
Substantial revisions to a complete application requiring 33%of the original application fee
new public notice
5. Alterations with minimal impacts such as exterior exit stairs;
exterior remodeling that does not expand building footprint or
increase height; and accessory structures 300 square feet or less $2,0812,156
6. Exterior painting of any structure that was the subject of a Major
or Minor Development Permit including all structures in the R-DD
zone,with the exception of detached single-family dwellings,
duplexes,zero lot line dwellings,or structures accessory to those
dwelling types.
Exception: Exterior painting that is the same color palette as $ 1,0161,053
the existing color(s).
7. Lot Line Adjustment $2,1052,181
22 See page 5-2-51 for Affordable Housing.
23 Site review and inspection fees may apply at building permit review.See page 52-51 under Other Planning Fees.
24 See page 50-49 Historical Preservation.
25 No fee applies for the Greenway Management Overlay review associated with dead,hazardous,emergency,or invasive tree
removal.
Page 50 20243 Master Fees and Charges
Section 11: Planning
8. Minor Partition $5,1725,358
Expedited Minor Partition $8 8,470
Process to correct creation of an illegal lot $3,7563,891
9. Major Partition (includes the creation of a street) $5,9276,140+$294305/lot
Expedited Major Partition $9,0589,384+$294305/lot
Process to correct creation of an illegal lot $3,7563,891
10. Modification of approved minor development permits
Without public hearing $ 2,1052,181
With public hearing $3,7563,891
11. Request for formal Code interpretation under LOC 50.01.005 and
Authorization for Similar Use Application under LOC 50.03.002 $ 715 741
12. Residential Infill Design (RID)Variance $41,7104,911 for 1st plus$609
631 for each additional variance
13. Subdivision (with or without P.D.) $ 6,7737,016+$2921305/lot
Expedited Subdivisions $ 12,64513,100+$294305/lot
14. Middle Housing Land Divisions $ 5,1725,358
15. Minor Variances $ 41,1124,260 for 1st+$4151 467
for each additional variance
Fence and Wall Variance $ 1,7351,797 for 1st+$189 196
for each additional variance
16. Major Variance $ 41,710 4,911for 1st+$64 9-631
for each additional variance
17. Seasonal Restaurant Enclosure $ 2,0812,156
Seasonal Restaurant Enclosure(During State of Oregon Emergency $0
Covid-19 Restrictions)
Sign Code Fees (LOC 47)
Signs $ 528 547
Signs(awning,window, blade) $ 145 150
Special event sign $ 22 23
Variance to Sign Code $ 1,7351,797
Refundable deposit for Public Notice Signs $ 109 113
Comprehensive Plan and Community Development Code Amendments
1. Legislative amendments to a map
Comprehensive Plan amendments only $ 13,76514,261
Comprehensive Plan amendments and Zone Change $ 13,76514,261
Zone Change only $ 13,76514,261
2. Legislative amendments to a text
Comprehensive Plan text amendment $ 6,8857,133
Community Development Code text amendment $ 6,8857,133
3. Quasi-judicial amendments to a map
Comprehensive Plan amendments only $ 13,76514,261
Zone change only26 $ 13,76514,261
Comprehensive Plan amendments and Zone Change $ 13,76514,261
Minor modifications to approved amendment $ 1,8431,909
Substantial modifications to approved amendments $ 2,3702,455
26 Not required for zone changes that conform to the Comprehensive Plan following annexations.
20243 Master Fees and Charges Page 51
Section 11: Planning
Major Developments (LOC 50.07.003.15)27
1. Conditional Uses $6,7566,999
2. Overall Development Plan and Schedule $6,2816,507
3. Modification of approved major development permits
Without public hearing $2,1052,181
With public hearing $3,7563,891
Sensitive Lands Overlay Districts (LOC 50.05.010 and LOC 50.07.004.8)
There are no fees for actions relating to Sensitive Lands Overlay Districts(Council action 10/21/14).
Fees Relating to Historical Preservation (LOC 50.06.009 and LOC 50.07.004.4)
1. Designation of Landmark No fee
2. Exterior alteration of Landmark, including building paint color change No fee
3. Historic District Designation No fee
4. New construction (not attached to historic structure;e.g.,detached No fee
garage,secondary dwelling,garden shed)
5. Removal or deconstruction of Landmark $5,2375,426
6. Withdrawal of historic landmark designation $5,2375,426
Appeals28
1. Appeals of a formal Code Interpretation to a Hearing Body $ 746 773
2. Appeals of a staff decision to a Hearing Body $ 746 773
3. Appeals of a Hearing Body decision to City Council 1/2 original Application Fee not to
exceed $6,883
Pre-Application Conference/Consultations29
1. Pre-application Conference:3°
Residential Infill Design Review:
Pre-application with Planning Staff $ 451 467
Pre-application with the Infill Advisors Team $2,415 2,502
All other applications $ 451 467
2. Pre-application Consultation:
One follow-up meeting with staff to discuss issues addressed at the No fee
pre-application conference.
For any meetings after the follow-up (3rd meeting on) 50%of pre-application fee
3. Consultation Fee
A private meeting to discuss a project outside the context of a
pre-application conference or at-the-counter services by a planner $ 113117/hour
27 Site review and inspection fees may apply at building permit review.See page 5-2-51 under Other Planning Fees.
28 Appeal fee shall not apply to appeals filed by DLCD or to appeals filed by recognized Neighborhood Association entitled to
receive notice of a pre-application neighborhood meeting pursuant to LOC 50.07.003.1.f.iii(1)(a)and(b).
29 In addition to planning fees noted in this sub-section,the Fire Department also levies a pre-application fee. Please refer to
Fire Department,Section 3 for the correct amount.
3o There is no pre-application conference fee for a permit for an ADU,actions relating to Sensitive Lands,Greenway
Management Overlay review associated with dead,hazardous,emergency,or invasive tree removal,or designation of Historic
Landmark.
Page 52 20243 Master Fees and Charges
Section 11: Planning
Research Fees
1. Letter of zoning verification $ 113117/hour
2. Letter of verification of compliance with Community Development Code
of an existing development $37-4180/hour
3. Deed research to determine the legality of a lot of record $ 171180/hour
4. Research/Interpretation of old planning files and informal Code
Interpretation (often requested by the applicants before filing of a
development application) $ 113117/hour
Tree Code Fees (Resolution 00-07)
1. Tree Cutting Permit Fees
Type I Permit $ 23 24
Dead or Hazard Tree Permit $ 23 24
Type II Permit $ 187 194+$23-24 per tree
Emergency Tree Permit $ 0
Type II Permit in conjunction with major or minor development
application $ 0
Minor Forest Management $ 23 24
Major Forest Management $ 187 194+$224 per tree,
not to exceed $638 661
Verification Permit $ 3-7-38+$ 10 per tree
Topping Permit $ 24 per request
2. Mitigation [as provided in LOC 55.02.084(3)] $ 162 168
3. Public Hearing Review31
Request for DRC Hearing on Tree Cutting Permit $ 232 240
Appeal of DRC's decision to City Council 'A of original application fee
4. Heritage Tree Program
The City may charge for providing the plaque marking a heritage tree.
The fee will be the actual cost of providing the plaque.
5. Tree Protection Inspection Fee $ 113 117 per inspection
6. County Tree Removal Certification
Type 2 Permits $ 119 123+$ 11 for each
additional tree
Over-the-Counter Permits -Type 1 $ 2 24
Over-the-Counter Permits -Dead $ 2-324
Over-the-Counter Permits -Hazard $ 2-324
Invasive and/or Emergency tree removal permits No Fee
31 Fee shall not apply to requests/appeals filed by City of Lake Oswego recognized Neighborhood Associations.
20243 Master Fees and Charges Page 53
Section 11: Planning
Fee Exemptions for Affordable Housing
No Ministerial Development, Minor Development, Major Development,Sign Code, Historic Preservation,Tree
Code(for tree removal and mitigation for development of the structure)or Pre-application Conference fees will be
charged under this Section 11 for developments where the proposed dwelling units are affordable to those earning
80%or less of Area Median Income and spending not more than 30%of household income on housing,consistent
with Clackamas County Housing Authority's"Income Limits"for Affordable Housing, provided that all of the
requirements of the covenant required by LOC 39.06.105(5)are met.
Other Planning Fees (Resolution 04-12)
1. Annexation Application Fee'
Parcel less than 3 times minimum lot area for the zone
designation that will apply upon annexation. $0+Applicable Metro Fees
Parcel 3 times or greater than the minimum lot area for the $975 1,010 per no. of lots into
zone designation that will apply upon annexation. which the parcel could be divided
under the zone designation that
will apply upon annexation+
Metro fees
Parcel for which there is no minimum lot area for the zone
designation that will apply upon annexation. $ 1,9512,021+Applicable Metro
Fees
Expenses related to additional noticing caused by delays
brought on by the applicant(s). $ 281 291
2. Copies of Planning Documents
See Section 1, Public Records Fees, page 19.
3. Site review and inspection fees
a. Single family dwelling or middle housing on infill lots(i.e., lots
or parcels not approved as part of a land partition/subdivision) $ 260 269
b. Single family dwelling or middle housing approved as a part of
a land partition/subdivision/planned development application $ 654 678
c. Non-single family residential development, including multi-
family,commercial, industrial,and institutional uses $ 1,306 1,353
d. Re-inspection fee $ 137 142
e. Residential remodels
Interior remodels and accessory structures $ 144 149
Exterior addition of no more than 500 sq ft $ 192 199
Exterior addition exceeding 500 sq ft(same fee as if new
construction) See a.—c.above
32 See Annexation Application Form.
Page 54 20243 Master Fees and Charges
Section 11: Planning
4. Plat Review Fee
a. Final Plat Review Fee $ 545 565
b. Lot Line Adjustment Plat Review Fee $ 56 58
5. Ballot Measure 49 Claims
Fees for claims under LOC Article 12.55 (Resolution 05-31)
Pre-filing conference fee $ 418 433
Filing fee $ 1,432 1,484
6. Application Mailing List Fee $ 80 83
7. Records Retention Fees-For purposes of archiving records per
State mandate
a. Ministerial land use applications $ 41 46
b. Minor land use applications(without public hearing) $ 73 76
c. Minor land use applications(with public hearing)and major $ 153 159
land use applications
d. Type II and verification tree removal permits $ 28 29
e. Sign permits $ 28 29
8. Demolition (Notice of Demolition Approval) $ 64-63
9. Additional Plan Review Fee for Issued Building $ 113117/hour
Permits(minimum 1 hour)
Code Enforcement Violation Fees
1. Nuisance violation LOC 34.08&34.10 $ 550570
2. Community Development violation LOC Chapter 50 $ 550570
3. Sign violation LOC Chapter 47 $ 550570
4. Sign Retrieval violation-Moving from Sign Code Fees(LOC47) $ 3637
5. Sign Removal Hearing Fee(refundable if sign was removed improperly) $ 3-637
6. Tree Enforcement Fees-For violations under LOC 55.02.130(3),enforcement fees will be assessed as follows:
Type I Permits violations,dead or hazard tree violations $ 148 153
All other Permit Type violations $ 712 738+$47-49 per tree
Tree Protection Enforcement fee for violations under LOC 55.08.050(3)
Standard tree protection enforcement fee $ 691 716
Enhanced tree protection enforcement fee $ 1,3821,432
7. Tree Restoration Fees [as provided in LOC 55.02.130(4)(a)&(b)]
Standard City Tree Fund Fee $ 9-9-103 per caliper inch
Increased City Tree Fund Fee $ 202 209 per caliper inch
20243 Master Fees and Charges Page 55
Section 12: Systems Development Charges
Systems Development Charges
Fees shall be assessed for Systems Development Charges(SDC)and will reflect the following:
• For each type of SDC,the fees assessed to each unit of a duplex shall be the same as those assessed to a
single-family residence.
• For an Accessory Dwelling Unit(ADU)each type of SDC will be waived, even if a larger meter is required to
accommodate an ADU, provided that the ADU complies with all the requirements of the covenant
required by LOC 39.06.105(5) as amended by Ordinance 2810.
If within 10 years from the first use of the ADU as a dwelling unit,the requirements of this covenant
are not maintained,the City may declare the ADU exemption from payment of all System
Development Charges(SDCs) revoked and the Owner shall immediately pay to the City the monies
due under LOC 39.06.105(5),to wit:
Processing fee per Council Resolution;and
• SDC amounts for ADU per Lake Oswego Master Fees and Charges at time of payment
(previously exempted system development charges, with interest based upon inflation rate
using the Engineering News—Record Construction Cost Index 20-City Average, are reflected
in the SDC amounts then due).
• Processing fee$500
• Pursuant to and following the procedure set forth in LOC 39.06.105(5)(f)(iii), (iv), (v),the processing fee
and SDC amounts shall be a lien upon the Real Property, entered in the municipal lien docket,and are
enforceable in the manner provided by ORS Ch. 223. Exempt from SDCs are developments where the
proposed dwelling units are affordable to those earning 80%or less of Area Median Income and spending
not more than 30%of household income on housing,consistent with Clackamas County Housing
Authority's"Income Limits"for Affordable Housing, provided that the development complies with all of
the requirements of the covenant required by LOC 39.06.105(5).
• The rate for Hotel/Transient Lodging includes Short-Term Rentals(Transient Lodging in residential zones).
These SDC's shall be indexed for inflation annually using the Engineering News—Record Construction Cost Index
(20-city average). Accordingly,as of January 1, 2024,the SDC fees have been increased by 5,7 2.5%which is equal
to the last recorded change in this index as based on October 2022 to October 2023 data. Calculated amount is
rounded to the nearest dollar.
Page 56 20243 Master Fees and Charges
Section 12: Systems Development Charges
Systems Development Charges (LOC 39.04)
Water SDC
Reimbursement Improvement Administrative Total
Water Meter Size Fee 14.79% Fee 78.72% Fee 6.49% 100%
5/8-3/4 inch $ 1,416 $ 7,53'I $ 621 637 $ 9,571 9,810
1,451 7,722
3/4 inch $ 1,416 $ 7,531
1451 7722 $ 621637 $ 9,5719,810
1 inch $ 2,359 $ 12,556 $ 1,035 $ 15,950
2,418 12,870 1,061 16,349
1 1/2 inch $ /1,718 $ 25,114 $ 2,071 $ 31,903
4,836 25,742 2,123 32,701
2 inch $ 7,558 $ /10,225 $ 3,316 $ 51,099
7,747 41,230 3,399 52,376
3 inch $ 15,133 $ 80,546 $ 6,640 $ 102,319
15,511 82,560 6,806 104,877
4 inch $ 23,666 $ 125,964 $ 10,385 $ 160,015
24,258 129,112 10,645 164,015
6 inch $ 417,370 $252,125 $ 20,786 $320,281
48,554 258,428 21,306 328,288
8 inch $ 75,839 $4103,656 $ 33,279 $512,771
77.735 413,747 34,111 525,593
10 inch $ 109,122 $580,798 $ /17,883 $737,803
111,850 595,317 49,081 756,248
Sewer SDC
Reimbursement Improvement Total
Water Meter Size Fee 22.16% Fee 77.84% 100%
5/8-3/4 inch $ 772 791 $ 2,712 2,780 $ 3,484 3,571
3/4 inch $ 772
791 $ 2,712 2.780 $ 3,181 3,571
1 inch $ 1,287 1,319 $ 4,522 4,635 $ 5,809 5,954
1 1/2 inch $ 2,574 2,638 $ 9,043 9,269 $ 11,617 11,907
2 inch $ 18,084
$ 5,149 5.278 18.536 $ 23,233 23,814
3 inch $ 12,357 $ 413,109
12.666 44,494 $ 55,766 57,160
4 inch $ 21,627 $ 75,967
22,168 77,866 $ 97,591100,034
6 inch $ /17,373 $ 166,401
48,557 170,561 $213,774 219,118
8 inch $ $289,395
82,38784,447 296,630 $371,782 381,077
10 inch $ 128,728 $/152,175
131,946 463,480 $580,903 595,426
20243 Master Fees and Charges Page 57
Section 12: Systems Development Charges
Stormwater Management SDC
Reimbursement Improvement Total
Fee 0% Fee 100% 100%
Single family $0 $ 190 195 $ 190 195
Multi-family,commercial/industrial, institutional,and other land use fees are determined as follows:
Improvement Fee equals the total impervious area of the property in units of 3,030 square feet or
portion thereof multiplied by the fee.
Transportation SDC
Refer to methodology and rate schedule in the Appendix
Parks&Recreation SDC
Reimbursement Improvement Total
Fee 0% Fee 100% 100%
Residential
Single family $0 $ 16,565
$ 16,56516,979 16,979
Multi-family/secondary dwellings $0 $ 9,211 9,444 $ 9,214 9,444
"Congregate Housing" units are charged at 50%of the Multi-family rate*.
Non-residential $0 $ 1,065 1,092 $ 1,065 1,092
per employee
"Residential Care Housing" units are charged at 100%of the Non-residential rate*.
*See Appendix for definitions of Congregate Housing and Residential Care Housing.
Page 58 20243 Master Fees and Charges
Section 12: Systems Development Charges
Comparison of Neighboring Cities' New Single-Family Systems Development Charges
Based on a 2,000 sq.ft. house with 500 sq.ft.garage, and $200,000 value.
60,000
49,300
50,000 50,934 51,062
45,190
43,063 43,253I
40,000 - 38 674 40,024
34,402
30,000
27,418
20,000
14,092
10,000
Milwaukie Gresham Tigard Tualatin Oregon City Hillsboro Portland Beaverton Wilsonville Lake Oswego Sherwood
•Water SDC 2,297 5,603 5,973 8,290 11,035 14,862 4,563 10,329 12,401 9,571 10,544
•Sewer SDC 1,114 7,451 6,825 6,825 2,962 6,824 10,237 6,824 6,929 i 3,484 7,795
•Stormwater SDC 1,086 1,420 660 660 1,182 660 1,543 1,394 2,327 190 660
•Street SDC 2,470 4,847 8,374 10,599 13,886 10,599 5,882 10,599 16,823 17,984 12,718
•Park SDC 3,985 4,957 9,430 9,160 7,819 6,978 17,887 12,904 7,680 16,565 16,204
•METRO Excise Tax 240 240 240 240 240 240 240 240 240 240 240
•School Excise Tax 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900
20243 Master Fees and Charges Page 59
Section 12: Systems Development Charges
Comparison of Neighboring Cities' New Commercial Systems Development Charges
Based on a 30,000 sq.ft. commercial office building,a total 50,000 sq.ft impervious area,and $3,200,000 value.
700,000 - -
632,982
600,000
557,146 561,243 574,461
495,638
500,000 507,818
432,062
400,000 382,176 384.495
302,026
300,000
251,44
230,583
200,000
100,000
-
Milwaukie Gresham Lake West Linn Portland Beaverton Tualatin Tigard Sherwood Wilsonville Hillsboro Oregon City
Oswego
■Water SDC 7,666 22,402 31,903 106,565 22,814 51,643 41,448 47,774 47,719 61,119 68,286 55,174
■Sewer SDC 75,350 29,788 11,617 94,928 54,600 27,296 27,300 27,300 31,180 19,404 27,296 23,696
■Stormwater SDC 12,040 28,400 3,135 29,873 15,975 23,712 12,500 12,500 12,500 43,500 12,500 12,127
•Street SDC 105,222 145,410 143,580 125,370 182,400 251,430 333,750 333,750 390,108 388,920 333,750 490,895
■Park SDC 4,865 - 86,351 - 83,266 52,541 55,200 61,054 50,200 22,860 107,189 25,650
•METRO Excise Tax 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840
•School Excise Tax 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600
Page 60 20244 Master Fees and Charges
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20243 Master Fees and Charges Page 61
Appendix
Systems Development Charges Methodologies (LOC 39.04.041)
Water Systems Development Charge Methodology 60
Sewer Systems Development Charge Methodology 62
Stormwater Systems Development Charge Methodology 63
Transportation Systems Development Charge Methodology 64
Parks and Recreation Systems Development Charge Fee Methodology 66
Resolution
Resolution—Updating the Master Fees and Charges Schedule 69
Page 62 20243 Master Fees and Charges
Appendix
Water Systems Development Charge Methodology
Reimbursement Fee
[A] Eligible cost of unused capacity in the existing water system.
[B] Current(2009)customer base expressed as 3/4" meter equivalents.
[C] Future customer base expressed as 3/4" meter equivalents.
[C][A]IB] _ [D] Water SDC Reimbursement Fee
Reimbursement Fee Calculation
[A] _ $6,148,588
[B] = 15,204 MEs
[C] = 21,695 MEs
[A] _ [D] $947
[C]—[B]
20243 Master Fees and Charges Page 63
Appendix
Improvement Fee
[E] Cost in current(2009)dollars of water system capital improvements that
will increase system capacity to meet the needs of future users.
[B] Current(2009)customer base expressed as 3/4" meter equivalents.
[C] Future customer base expressed as 3/4" meter equivalents.
[C][E]IB] _ [F] Water SDC Improvement Fee
Improvement Fee Calculation
[E] _ $32,714,947
[B] = 15,204 MEs
[C] = 21,695 MEs
[E] _ [F] $5,041
[C]—[B]
Water System Development Charge
[D] Water SDC Reimbursement Fee
[F] Water SDC Improvement Fee
[G] Water SDC Administrative Fee
[H] Water System Development Charge
[D] +[F] +[G] = [H]
Page 64 20243 Master Fees and Charges
Appendix
Sewer Systems Development Charge Methodology
Sewer SDC Fee
[M] Value of the sewer collection system capital improvement program to provide capacity to serve new
customers.
[N] Value of the sewer wastewater treatment plant capital improvement program to provide capacity to
serve new customers.
[0] Current dry weather demand.
[P] Future dry weather demand.
[Q] Future WWTP capacity dedicated to Lake Oswego.
[R] Average single family home dry weather demand.
[P]—[°]x [M]x[R]=[s] Portion of fee for collection system capital improvements to provide
[P] [P] capacity to serve new customers.
[Q]x [N] x[R]=[T] Portion of fee for wastewater treatment plant capital improvements to
[Q] [Pilo] provide capacity to serve new customers.
[S]+[T]=[U] Sewer Fee.
Sewer SDC Fee Calculation
[M] = $ 19,351,000 [P]—[o]x[M]x[R]=rs] $244
[P] [P] L
[N] _ $ 11,499,000 [11 x [N] x[R]_[T] $ 1,186
[Q] [ ]—[6]
[0] = 3.9 mgd
[P] = 5.69 mgd
[Q] = 7.025 mgd
[R] = 0.000228 mgd [S]+[T]=[U] $ 1,430
Sewer System Development Charge
[U] * 22.16%= [V] Sewer SDC Reimbursement Fee
[U] * 77.84%= [W] Sewer SDC Improvement Fee
[X] Sewer System Development Charge
[V] + [W] = [X]
Page 66 2023 2024 Master Fees and Charges-Attachments
Appendix
Stormwater Systems Development Charge Methodology
Improvement Fee—Water Quantity Portion
[A] Portion of the Stormwater quantity management capital improvement program attributable to future
development. Determined on a project-by-project basis and equal to the percentage increase in the
design flow of each project in the Stormwater quantity management capital improvement multiplied by
project cost.
[B] Projected increase in Equivalent Service Units(ESUs). One ESU is equal to 3,030 square feet of impervious
area.Total projected increase in ESUs is determined by dividing the total projected increase in impervious
area of the City of Lake Oswego by 3,030.
[A]/[B] = [C] Improvement Fee—quantity portion, per ESU.
Improvement Fee—Quality Portion
[D] Portion of the stormwater quality management capital improvement program attributable to future
development. Equal to the percentage increase in total runoff multiplied by the total cost of the
stormwater quality management capital improvement program.
[D]/[B] = [E] Improvement Fee—quality portion, per ESU.
Improvement Fee Calculation
[C] + [E] = [F] Stormwater improvement fee.
Stormwater Management System Development Charge
Only includes an Improvement Fee-No Reimbursement Fee.
Page 66 20244 Master Fees and Charges
Appendix
Transportation Systems Development Charges Rate Tables
Transportation SDC
Maximum
Allowable Approved
SDC Rate SDC Rate
ITE per Unit33 per Unit
Code Land Use Unit[A] [B] [C=B x.30134
$10,022 $37997
110 General Light Industrial 1,000 SFGFA 10,273 3082
10,163 37949
130 Industrial Park 1,000 SFGFA 10,417 3,125
5,768 439
140 Manufacturing 1,000 SFGFA 55 912 1,774
41,518 1,355
151 Mini-Warehouse 1,000 SFGFA 44 631 1589
4-889i 566
160 Data Center 1,000 SFGFA 11 933 580
Single-Family Detached 17,984 14 984
210 Housing/Duplex Dwelling unit 18,434 18,434
12,374 3,712
220 Apartment/ADU Dwelling unit 12,683 33 805
Residential 10,759 3,222
230 Condominium/Townhouse Dwelling unit 11,028 3,308
9,330 2,799
240 Mobile Home Park ODU 9 563 2,869
4,879 17464
254 Assisted Living Bed 5 001 1500
14,954 44.86
310 Hotel/Transient Lodging Room/Unit 15,328 4,598
10,717 3,215
320 Motel Room 10,985 3796
117676 3,503
411 City Park Acre 11,968 3590
9,502 2,851
417 Regional Park Acre 9 740 22 922
10,035 3,011
430 Golf Course Acre 10,286 3086
57,723 17,317
492 Health/Fitness Club 1,000 SFGFA 59,166 17,750
Recreational Community 1,000 SFGFA 52,161 457648
495 Center 53,465 16,040
13,562 47069
520 Elementary School 1,000 SFGFA 13,901 4 170
Middle School/Junior High 1,000 SFGFA 12,113 37634
522 School 12,416 3 725
11,330 3,399
530 High School 1,000 SFGFA 11,613 3584
410,765 1-2 239
540 Junior/Community College 1,000 SFGFA 41,784 12,535
25 369 7,551
560 Church 1,000 SFGFA 25,798 7,739
34,314 10,294
565 Day Care Center 1,000 SFGFA 35,172 10,552
96,065 287839
590 Library 1,000 SFGFA 98,467 29,540
23,167 679-59
610 Hospital 1,000 SFGFA 23,746 77 124
33 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average,per Resolution 17-08.
34 The 30%factor for the approved SDC Rate per Unit applies to all codes except ITE Code 210.Maximum Allowable was
phased-in for ITE Code 210(Single-Family Detached Housing/Duplex),per Resolution 17-65.
20243 Master Fees and Charges Page 67
Appendix
13,728 11,118
620 Nursing Home 1,000 SFGFA 14,071 44 221
15,953 47786
710 General Office Building 1,000 SFGFA 16,352 4 906
Medical-Dental Office 1,000 SFGFA 51,987 596
720 Building 53,287 15,986
State Motor Vehicles 1,000 SFGFA 230,155 697047
731 Department 235,909 70,773
1,000 SFGFA 168,192 50,152
172,397 51,719
732 United States Post Office
16,182 4,855
1,000 SFGFA 44 976
16,587
750 Office Park
37
11,8h84
760 Research and 1,000 SFGFA 33 643
Development Center 12144
17,962 5,389
1,000 SFGFA 18,411 5523
770 Business Park
82,101 21,631
812 Building Materials and 1,000 SFGFA g4,157 25,247
Lumber Store
Transportation SDC
Maximum
Allowable Approved
SDC Rate SDC Rate
ITE per Unit35 per Unit
Code Land Use Unit[A] [B] [C=B x.30]
Free-Standing Discount 1,000 SFGFA 73,221 966
813 Superstore 75,052 22,516
58,204 17/161
814 Variety Store 1,000 SFGFA 59,659 17,898
Free-Standing Discount 1,000 SFGFA 53,714 16,114
815 Store 55,057 16,517
419,331 11,799
816 Hardware/Paint Store 1,000 SFGFA 50,564 15,169
157,737 47,321
817 Nursery(Garden Center) 1,000 SFGFA 161,680 48,504
39,3680
820 Shopping Center 1,000 SFGLA 40,352 12,106
77,255 23,177
826 Specialty Retail Center 1,000 SFGLA 79,186 23,756
55,713 14744
841 Automobile Sales 1,000 SFGFA 57,106 17,132
51,857 15,557
843 Automobile Parts Sales 1,000 SFGFA 53,153 15,946
32,510 9464
848 Tire Store 1,000 SFGFA 33,323 9 997
90,126 27,038
850 Supermarket 1,000 SFGFA 92,379 27,714
Convenience Market 1,000 SFGFA 469,841 110,952
851 (Open 24 Hours) 481,587 144,476
80,612 24484
857 Discount Club 1,000 SFGFA 82,627 24,788
Home Improvement 1,000 SFGFA 31,855 9,557
862 Superstore 32,651 9995
Pharmacy/Drugstore 1,000 SFGFA 72,573 21,773
880 without Drive-Through 74,392 22,318
35 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average,per Resolution 17-08.
Page 68 20243 Master Fees and Charges
Appendix
Pharmacy/Drugstore with 1,000 SFGFA 70,104 21,031
881 Drive-Through 71,857 21,557
1,000 SFGFA 3,479 47044
890 Furniture Store 3 566 1 070
1,000 SFGFA 63,851 19,155
912 Drive-in Bank 65,447 19,634
1,000 SFGFA 71,230 21,369
931 Quality Restaurant 73,011 21,903
932 High-Turnover(Sit-Down) 1,000 SFGFA 100,098 307023
Restaurant 102,600 30,780
934 Fast-Food Restaurant with 4117,049 125,115
Drive-Through 1,000 SFGFA 427 475 128,243
937 Coffee/Donut Shop with 638,047 191,914
Drive-Through 1,000 SFGFA 653,998 196,199
938 Coffee/Donut Kiosk 1,000 SFGFA 582,530 171,759
597,093 179,128
944 Gasoline/Service Station VFP 112,310 33,693
115,118 34,535
945 Gasoline/Service Station '9,597 11,879
with Convenience Market VFP 40,587 12,176
946 Gasoline/Service Station 9,507 20 852
with Car Wash VFP 71,245 21,374
Source:ITE Trip Generation Manual,9th Edition,compiled by FCS GROUP
Abbreviations: SFGFA-square feet of gross floor area ODU-occupied dwelling unit VFP-vehicle fueling position
20243 Master Fees and Charges Page 69
Appendix
Parks and Recreation Systems Development Charge Fee Methodology
Residential Development
a. An applicant for a building permit should complete a Lake Oswego Parks System Development
Charges Application and SDC Calculation Worksheet indicating the type and number of new Dwelling
Units to be included in the project.
b. The Building Department enters the SDC rates per dwelling on the application form and calculates the
SDCs to be paid by the Applicant.
SDC Improvement Fee*
Type of Dwelling Unit per Dwelling Unit
Single Family Dwelling Unit $ 16,56516,979
Multi-Family Dwelling Unit $ 9,2111 9,444
II. Non-Residential Development
a. An applicant for a building permit should complete a Lake Oswego Parks System Development
Charges Application and SDC Calculation Worksheet indicating the type and number of square feet of
building space for each non-residential use to be included in the project. Guidelines for the number
of square feet required for each employee are included in the table on the following page for major
Standard Industry Classifications. Where a proposed use does not specifically match one of the
classifications listed in the table,the listed classification which most closely matches the proposed
use,as determined by the City Manager, may be substituted.
b. The Building Department calculates the non-residential SDC Improvement Fee by:
i. Dividing the building space(square feet)for each non-residential use in the development by
the number of square feet per employee (from the guidelines in the Square Feet Per
Employee table),and
ii. Multiplying the result(from step 1) by the SDC rate Per New Employee($ 1,008 1,033-as of
January 1, 20222023).Any proposed use which constitutes 10%or less of the total building
space should be considered an ancillary use and does not require a separate calculation;
however,the building space for such uses must be included in the total for other non-
residential uses.
*Rates are based on Improvement Fee only(no Reimbursement Fee).
Page 70 20244 Master Fees and Charges
Appendix
III. Senior and Affordable Housing Definitions(Per Resolution 08-42):
a. "Congregate Housing" is defined as"multi-unit housing with self-contained apartments that contain
cooking facilities which support independent lifestyles for those that have life-function disabilities
due to age, medical,or mental condition,which do not require residential care or skilled nursing
services. Congregate housing provides varying levels of support services,such as meals, laundry,
housekeeping,transportation,and social, recreation,cultural and education activities. The full range
of services normally associated with residential care facility,are not provided in association with
congregate housing." (Section 50.02.005 Definitions,City Code)
Rate Provision: Charged at 50%of the Multi-Family residential rate.
b. "Residential Care Housing" is considered to be non-residential in nature and is defined as a facility
that houses and provides services for 6 or more persons who may have a range of physical and
mental health problems, including chronic and debilitating conditions requiring assistance with daily
activities. This term is synonymous with other terms such as"assisted living facilities"and "adult care
housing" used to describe housing which provides the range of services described below. Living units
within residential care housing do not have cooking facilities. A range of services is provided
including staff supervised meals, housekeeping and personal care medication supervision, recreation,
cultural,social activities and transportation. Residential care housing facilities may include housing
for persons needing intermediate care. These are persons who do not require around-the-clock
nursing, but who do need preventative care,therapies at levels less than continuous licensed nursing
care or observation. Intermediate care emphasizes personal,social and emotional/mental health
care, but involves the availability of 24 hour service with physicians and nurses in supervisory roles.
Skilled nursing services, including convalescent care, may be provided as an accessory and
subordinate use in conjunction with residential care facilities. (Section 50.02.005 Definitions,City
Code).
Rate Provision: Charged at 50%of the Non-Residential rate.
20243 Master Fees and Charges Page 71
Appendix
SQUARE FEET PER EMPLOYEE
(Recommended guidelines from Metro Employment Density Study)
Standard Industry Square Feet Standard Industry Square Feet
Classification(SIC)* Per Employee Classification(SIC)* Per Employee
1-19 590 37 700
Agriculture., Fish & Forest Services; Transportation Equipment
Construction; Mining
20 630 40-42,44,45,47 3,290
Food & Kindred Products Transportation and Warehousing
22,23 930 43,46,48,49 460
Textile&Apparel Communications and Public
Utilities
24 640 50,51 1,390
Lumber&Wood Wholesale Trade
25,32,39 760 52-59 470
Furniture; Clay,Stone, &Glass; Misc. Retail Trade
26 1,600 60—68 370
Paper and Allied Finance, Insurance&Real Estate
27 450 70—79 770
Printing, Publishing&Allied Non-Health Services
28—31 720 80 350
Chemicals, Petroleum, Rubber, Leather Health Services
33,34 420 81-89 740
Primary& Fabricated Metals Educational,Social, Membership
Services
35 300 90—99 540
Machinery Equipment Government
36,38 400
Electrical Machinery, Equipment
* Source: U.S. Department of Commerce Standard Industrial Classification Manual
IV. Modification, Expansion,or Redevelopment
If the development is a modification or expansion of an existing structure,or redevelopment of a property
from a previous use,the SDC amount is based on the net increase in the number of Dwelling Units and/or
employees,calculated as follows:
a. Calculate an SDC on the development as though the entire development was subject to the SDC;
b. Calculate an SDC on the existing development, before modification, expansion, or
redevelopment,as though the existing development was subject to the SDC;
c. Calculate the net SDC amount by subtracting the result of Step b from the result of Step a; if the
result is zero or less than zero, no SDC is due.
Page 72 20243 Master Fees and Charges
Appendix
Master Fees and Charges Resolution
RESOLUTION 232-
2-935
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO REVISING FEES AND
CHARGES AND UPDATING THE LAKE OSWEGO MASTER FEES AND CHARGES SCHEDULE
WHEREAS, the City has adopted from time to time various fees and charges for services;
and
WHEREAS,the City has found it necessary to add, revise, or delete various fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The revisions to fees and charges shown in Exhibit A are hereby adopted
effective January 1, 20243, except where noted otherwise.
Section 2. The revision to fees and charges shall be incorporated into the City's Master
Fees and Charges schedule.
Section 3. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake
Oswego on the 5th day of December, 2023.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Evan Ellen OsoinachBeene, City Attorney Pro Tcm
20243 Master Fees and Charges Page 73
ATTACHMENT 2
Preface
City of Lake Oswego, Oregon
The City provides a full range of municipal services to the community which includes police and fire
protection, emergency medical services,traffic control, street maintenance and improvements,water, sewer,
and stormwater management services, planning and zoning regulation, building inspection and regulation,
parks and recreational activities, and community library service.
This Master Fees and Charges booklet consolidates all City fees and charges, adopted by City Council
resolution,for the various services that the City provides. Typically, it is updated annually and reflects all fee
resolutions passed by Council during the year. For easy reference,the current Master Fees and Charges
booklet, as well as versions from prior years, are available online at: www.lakeoswego.city/fees.
Fee Variance and Waiver Statement
Based upon an unusual circumstance or event, past practices, demonstrated hardship,or public benefit,the
City Manager is authorized to waive or decrease a fee(s)or charge(s), barring requirements by State or local
codes, in a particular matter or establish a fee not yet authorized in this resolution. When a new fee is
established by the City Manager it may be incorporated into this resolution. It shall be communicated to
Council in writing to allow opportunity for comment.
The request for a waiver or reduction must be in writing. If the City Manager or their designee agrees to said
waiver or reduction,they may inform the City Council, in writing, of the request and their decision, except in
minor matters such as non-profit signed fee waivers and City tree removal applications.
Effective Dates and Resolution
The 2024 Master Fees and Charges effective dates:
• Utility Fees are effective July 1, 2024.
• All other Fees are effective January 1, 2024(unless otherwise noted)
Resolution#23-35 —Adopting the 2024 Master Fees&Charges
Cover photo of stormwater street drainage is courtesy of Dave Arpin,2023.
2024 Master Fees and Charges Page 1
Table of Contents
Section 1: General 5
Utility Rates: Water,Sewer,Stormwater,and Street 5
Business License and Liquor License 13
Dog License 14
Rights of Way Usage Fee 15
Franchise Fees 17
Public Records Fees 18
Miscellaneous Fees 19
Section 2: City Attorney's Office 20
Discovery Fees and City Code 20
Section 3: Fire Department 21
General Fees 21
Medical Services and Transport Fees 21
Emergency Services Rates 22
Fire and Life Safety Plan Reviews 22
Fire and Life Safety Inspections 22
Section 4: Library 23
General Fees 23
Section 5: Municipal Court 24
General Fees 24
Section 6: Parks& Recreation 25
Recreation Services and Activities 25
Lake Oswego Recreation &Aquatics Center(LORAC) 26
Lake Oswego Golf Course 27
Indoor Tennis Center 28
Athletic Field User Charges 28
Adult Community Center Fees 29
Swim Park 30
Water Sports Center 30
Park Reservation Fees 31
Miscellaneous Fees 32
Commercial Photography and Filming in City Parks 32
Page 2 2024 Master Fees and Charges
Table of Contents, continued
Section 7: Police Department 33
Security Alarm Permit and Fees 33
Security Alarm Code Violation Fines 33
Police Reports 33
Miscellaneous Police Fees 33
Section 8: Public Works Support Services 34
General Fees 34
Section 9: Building Division 35
Building Permits 35
Electrical Permits 36
Mechanical Permits Residential 38
Mechanical Permits Commercial 39
Plumbing Permits 40
Grading and Fill Permits 41
Demo and Deconstruction Permits 41
Manufactured Home Permits 42
Manufactured Dwelling/RV Parks 42
Community Development Code Enforcement Charges 42
Record Retention and Archiving Fees 42
Research and Consultation Fees 43
Other Inspections and Fees 43
Additional Miscellaneous Fees 43
Refunds 43
Section 10: Engineering Division 44
Minor Utility Facilities, Installed or Constructed by Public or Private Entities 44
General Engineering Fees 44
Other Engineering Fees 45
Section 11: Planning Division 47
Ministerial Developments 47
Minor Developments 47
Sign Code Fees 48
2024 Master Fees and Charges Page 3
Table of Contents, continued
Comprehensive Plan and Community Development Code Amendments 48
Major Developments 49
Sensitive Lands Overlay Districts 49
Fees Relating to Historical Preservation 49
Appeals 49
Pre-Application Conference/Consultations 49
Research Fees 50
Tree Code Fees 50
Fee Exemptions for Affordable Housing 51
Other Planning Fees 51
Section 12: Systems Development Charges 53
Systems Development Charges 53
APPENDIX
Systems Development Charges Methodologies 59
2024 Master Fees and Charges Resolution 69
Page 4 2024 Master Fees and Charges
Section 1: General
General
Utility Rates: Water, Sewer, Stormwater, and Street (LOC 37 and 38)
Water and sewer charges for customers outside of the City may be set by specific agreement. For customers
outside the City(including Forest Highlands Water District), but not covered by a special agreement,the charge is
150%of standard "in-City" rates. For bulk water users,the City Manager may set"peak"season rates. (LOC
38.04.015)
The utility user charge shall be due and payable on the date specified on the bill,and shall be delinquent
thereafter.A late charge shall be imposed on delinquent utility user charges in addition to the amount billed.
(LOC 38.06.030)
A late charge of$5 may be assessed for utility bills not paid within 30 days after billing. If the utility bill is$200 or
more,the late charge is 2.5%of the total amount due.The late charge is divided proportionately among the
amounts due for water,sewer,stormwater,and street fee and becomes part of the total user charge amount due
for each utility.
Lake Oswego's Typical Monthly Utility Bill
$220
$200 194.78
188.21
$180 176.91
$160 155.41 160.15
164.83 170.52
140.85 146.38 150.78
$140$100 . . . . . . . . .$100 . . . . . . . . .$80 El . . . . . . I. .
$60 III. . . . . . . .
El El I. . El I. .
$40 . . III III . . III III .
$20 .
$0
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
■Water 53.46 55.88 56.96 58.14 59.32 60.51 61.73 62.97 64.22 65.48
■Sewer 66.37 68.39 70.45 72.56 74.72 76.93 79.97 83.10 86.32 89.72
■Stormwater 12.58 13.46 14.40 15.41 16.49 17.64 18.87 20.19 21.60 23.11
■Street Maintenance 8.44 8.65 8.97 9.30 9.62 9.75 9.95 10.65 16.07 16.47
Based on typical use for a single-family home-10 ccf for water and 8 ccf for sewer
Past and projected average utility rate increases
7/1/19 7/1/20 7/1/21 7/1/22 7/1/23 7/1/24 7/1/25*
Water 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0%
Sewer 3.0% 3.0% 3.9% 3.9% 3.9% 3.9% 3.9%
Stormwater 7.0% 7.0% 7.0% 7.0% 7.0% 7.0% 7.0%
Street maintenance 3.4% 1.3% 2.0% 7.0% 50.9% 2.5% 3.0%
Average increase of 3.0% 2.9% 3.5% 3.7% 6.4% 3.5% 3.6%
total utility bill
*Adopted rates will be implemented the first full billing cycle following the effective date.
2024 Master Fees and Charges Page 5
Section 1: General
Components of the Typical Monthly Lake Oswego Utility Bill
$100
$90
$80
$70
$60
$50 - -
$40
$30
$20
•
$10 • - - • � • •
$0
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
•Water Sewer - • Stormwater - - - Street Maintenance
Comparison of Neighboring Cities'Typical Monthly Utility Bills
Based on a September 2023 survey of typical single-family homes in other Portland metropolitan area cities.
$300
$250
$200 194 78
171.75
165.02
157.80
$150 148 16 148 31
142.15
135.73
125.57 130.30
$100
$50
-
$ Beaverton Tualatin Hillsboro West Linn Oregon City Sherwood Wilsonville Milwaukie Tigard Lake Gresham Portland
Oswego
•Water 74.00 50.00 56.43 40.64 50.42 69.22 60.43 51.39 80.88 65.48 94.90 126.28
•Sewer 38.49 57.23 56.27 54.39 63.51 54.47 72.94 72.56 57.67 89.72 80.08 103.68
•Stormwater 13.08 11.47 13.92 9.08 12.66 18.31 11.90 29.47 16.05 23.11 32.52 32.45
•Street - 6.60 9.11 16.81 15.07 4.94 9.64 5.49 8.52 16.47 -•Other - 5.00 - 21.23 6.50 1.37 2.89 6.11 8.63 - 30.00 0.34
Page 6 2024 Master Fees and Charges
Section 1: General
Water Rates
1. Water connection charge'-this charge is in addition to the Water SDC fee, if applicable(LOC 38.10.113).
Meter size larger than 2" are charged at cost and materials plus 20%overhead ($2,795 minimum).
Meter Size Charge
5/8"-3/4" $ 935
1" $ 1,332
1 1/2" $ 3,357
2" $ 3,756
On moratorium streets(paved within the past five years),the trench patch replacement requirement is
significantly larger.Therefore, if a meter installation is required on a moratorium street, an additional charge will
be retained to account for the larger pavement patch.
$3,000(indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City-Average.
2. Monthly water standard minimum and volume charges.
a. Standard minimum monthly water rates for customers within the City. LOC 38.06.020(2a).
For all meter sizes: 7/1/22 7/1/23 7/1/24
Single family residential customers $29.37 $29.96 $30.56
Multi-family customers-First unit $32.06 $32.70 $33.35
Multi-family customers-Each additional dwelling unit $28.93 $29.51 $30.10
Meter Non-residential Services Irrigation customers
Size 7/1/22 7/1/23 7/1/24 7/1/2022 7/1/2023 7/1/2024
5/8"-3/4" $ 32.06 $ 32.70 $ 33.35 $ 29.37 $ 29.96 $ 30.56
1" $ 40.64 $ 41.45 $ 42.28 $ 37.22 $ 37.96 $ 38.72
1 1/2" $ 48.35 $ 49.32 $ 50.31 $ 44.31 $ 45.20 $ 46.10
2" $ 73.17 $ 74.63 $ 76.12 $ 67.02 $ 68.36 $ 69.73
3" $ 82.15 $ 83.79 $ 85.47 $ 75.31 $ 76.82 $ 78.36
4" $ 106.98 $ 109.12 $ 111.30 $ 98.04 $ 100.00 $ 102.00
6" $ 131.57 $ 134.20 $ 136.88 $ 120.55 $ 122.96 $ 125.42
8" $ 198.07 $ 202.03 $ 206.07 $ 181.49 $ 185.12 $ 188.82
10" $228.63 $ 233.20 $ 237.86 $209.52 $213.71 $ 217.98
12" $323.53 $ 330.00 $ 336.60 $296.45 $302.38 $ 308.43
1 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average.
2024 Master Fees and Charges Page 7
Section 1: General
b. Volume charges in addition to charges in 2a.
USAGE: Per 100 cubic feet(ccf)2 7/1/2022 7/1/2023 7/1/2024
Single family residential customers:
Tier 1: 0— 8 ccf monthly $3.09/ccf $3.15/ccf $ 3.21/ccf
Tier 2: 9—16 ccf monthly $4.44/ccf $4.53/ccf $ 4.62/ccf
Tier 3: over 17 ccf monthly $8.31/ccf $8.48/ccf $ 8.65/ccf
Multi-family customers $3.56/ccf $3.63/ccf $ 3.70/ccf
Non-residential customers $4.02/ccf $4.10/ccf $ 4.18/ccf
Irrigation customers $6.36/ccf $6.49/ccf $ 6.62/ccf
3. If a customer's water is turned off because of noncompliance with the proper use of water or for non-
payment of utility bills,a charge of$60 will be assessed:$30 for turning the water off and another$30 for
a water turn-on. (LOC 38.16.170).
The City shall turn off and turn on the customer's water supply at the customer's request.The City shall
provide this service for free during working hours one time each calendar year.The City shall charge for
additional requests and service during non-working hours except in cases of emergency. (LOC 38.16.175)
For customer turn off and turn on requests,after the first turn off then on request in a calendar year,a
charge of$60 will be assessed:$30 for turning the water off and another$30 for a water turn-on.
There is a charge for reading meters or making service turn-ons or turn-offs at other than regular working
hours. In order to suit the convenience of water purchasers,whenever a City employee is required to read
a meter or make a water service turn-on or turn-off during hours other than the regular work hours
established for City employees,a flat charge of$80 shall be required for such service, in addition to all
other charges provided for in this resolution,to be payable as other charges for water services.
4. Rates for the temporary use of a fire hydrant include a $50 installation fee,a $10 per day charge for meter
rentals with a maximum charge of$50 per month, plus the usage fee for water based on non-residential
water rates. In addition, a $475 refundable deposit will be collected. The deposit is refundable if the
meter is returned in good condition and fees have been paid in full.
5. Failure to test backflow prevention assemblies between January 1 to July 15 and submit the test results by
July 25 shall be cause for the City to arrange for and conduct the required test.The cost of such a test
shall be added to the customer's monthly utility bill at the actual incurred cost plus overhead utilizing a
billing multiplier of 2.4 times direct costs. (LOC 38.12.126).
6. If the City is requested to conduct a fire flow test,a flat fee will be charged for each test. (See Section 3).
2 Based on water delivered during the period between meter read dates.
Page 8 2024 Master Fees and Charges
Section 1: General
IWater Rate History- Monthly
Typical Typical water
Effective Fixed Usage usage in portion %
Date Rate Rate ccf of bill change
7/1/2015 $24.96 $2.62/$3.77 10 $53.46 4.5%
7/1/2016 $26.08 $2.74/$3.94 10 $55.88 4.5%
7/1/2017 $26.61 $2.79/$4.02 10 $56.96 2%
7/1/2018 $27.14 $2.85/$4.10 10 $58.14 2%
7/1/2019 $27.68 $2.91/$4.18 10 $59.32 2%
7/1/2020 $28.23 $2.97/$4.26 10 $60.51 2%
7/1/2021 $28.79 $3.03/$4.35 10 $61.73 2%
7/1/2022 $29.37 $3.09/$4.44 10 $62.97 2%
7/1/2023 $29.96 $3.15/$4.53 10 $64.22 2%
7/1/2024 $30.56 $ 3.21/$4.62 10 $65.48 2%
Fixed portion of Monthly Water Bill
$40
$30
$20
$10
$-
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
Water Usage Rate per ccf
$9 r
$8
$7
$6
$5
$4 M-
$2 r r I I I I
$1
$1 I I I I I I I I I
$-
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
•Tier 1: 0-8 ccf/month Tier 2:9-16 ccf/month •Tier 3:over 16 ccf/month
2024 Master Fees and Charges Page 9
Section 1: General
Sewer Rates
1. Sewer monthly rates for customers within the City,served by the City,and outside Clean Water Services
(CWS)shall be charged the following rates for sewer service LOC 38.06.020(2b):
Residential for all meter sizes: 7/1/2022 7/1/23 7/1/24
First dwelling unit $64.14 $66.64 $69.23
Each additional dwelling unit $57.86 $60.12 $62.46
Meter Non-residential services
Size 7/1/22 7/1/23 7/1/24
5/8"-3/4" $ 57.22 $ 59.45 $ 61.77
1" $ 72.43 $ 75.25 $ 78.18
1 1/2" $ 86.11 $ 89.47 $ 92.96
2" $ 130.29 $ 135.37 $ 140.65
3" $ 146.31 $ 152.02 $ 157.95
4" $ 190.45 $ 197.88 $ 205.60
6" $ 234.28 $ 243.42 $ 252.91
8" $ 278.51 $ 289.37 $ 300.66
10" $ 322.71 $ 335.30 $ 348.38
12" $ 454.84 $ 472.58 $ 491.01
USAGE: Per 100 cubic feet(ccf)of average winter water usage
7/1/22 7/1/23 7/1/24
Residential customers $2.37/ccf $2.46/ccf $2.56/ccf
Non-residential customers $3.56/ccf $3.70/ccf $3.84/ccf
a. The above Sewer Usage Rate per 100 cubic feet of average monthly water consumption is based on a
customer's average water use during three applicable winter billing cycles. If the full three winter
billing cycles are not available,whatever billing record is available shall be used for the computation.
b. Where no average winter water usage is available or where it is deemed inappropriate to use in some
unusual circumstance for residential, use the standard City-wide average of 8ccf per month multiplied
by the standard sewer rates listed above.
c. The monthly sewer utility user charge for property within the City and served by Clean Water Services
(CWS)of Washington County shall be equal to the monthly service charge established by the agency
for similar uses served by the Agency system.The City Manager shall keep on file for public inspection
a copy of the current rate structure.
Clean Water Services Charge 7/1/21 7/1/22 7/1/23 7/1/243
CWS Sewer-fixed base charge $31.38 $32.64 $67.90 n/a
CWS Sewer-usage charge $ 2.08 $ 2.16 $ 2.25 n/a
3 Not known at this time,usually becomes available on June lst.
Page 10 2024 Master Fees and Charges
Section 1: General
2. If the City is requested to conduct a sewer connection verification test, a fee of$60 will be charged for
each test. Homeowners requesting the test and residing at the residence are exempt from this fee.
3. A line charge shall be assessed upon connection to portions of the sewer system. The City Engineer is
authorized to establish additional benefited project areas upon completion of new projects that are
constructed under the City's Sewer Extension Program. Customers within the project area shall be
assessed the line charge as a condition of receiving a connection permit. The line charge will be reviewed
annually and adjusted to reflect actual construction costs of eligible projects or the change in the
Engineering News Record Construction Cost Index(20-City Average)as published in October of the
preceding year.
The charges shown below are for eligible projects already completed through the date of this resolution:
a. For the following project areas,the cost per single family connection $ 28,017 4
Sundeleaf Drive Deemar Way Country Club Road
Mardee Avenue Bryant Road/Old Gate Road Stonebridge Way
Jean Road Upper Drive west of Bryant Carman Drive
b. A multiple of the above fee in 3a with the multiplier equal to the number of single family connections
that could be developed on the subject property under R-5 zoning,as determined by the City
Engineer 4.
4. Special Sewer Connection Charges:
a. Fairway Road Project(pursuant to Ordinance#2262) $ 47,152 5
b. Rivergrove Sewer Connection Charges(pursuant to Zone-of-Benefit[ZOB] Ordinance#2352)
Refer to final ZOB ordinance for fees by lot. Various'
Stormwater Rates
1. The stormwater management utility user charge shall be as follows{LOC 38.06.020 2(c)}:
a. Each customer using a location for a single-family home or a duplex shall be charged the fee as shown
in the table below.
b. All other parcels shall be charged per the table below per Equivalent Service Unit(ESU).Total ESUs
charged is determined by dividing the total impervious area by 3,030 and rounding to the nearest
whole number.
7/1/22 7/1/23 7/1/24
Fixed monthly rate $ 20.19 $ 21.60 $ 23.11
2. Tampering Fine.The fine for tampering with the City utility system shall be equal to the total of the cost of
correcting the tampering, plus any utility fee revenue estimated by the City to have been lost or affected
by the tampering,and a $100 fine. (LOC 38.26.915).
4 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average.
Amount is rounded to the nearest dollar.
5 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for Seattle.
Amount is rounded to the nearest dollar.
Note: For items 3 through 4,SDC charges may apply and are in addition to the line charges shown.
2024 Master Fees and Charges Page 11
Section 1: General
Street Maintenance Fee (LOC 37)
LOC 37.02.015
A Street Maintenance Fee was established by Ordinance No. 2373 in an amount to be adjusted from time to time,
by resolution of the City Council. The fee is based upon the relative direct and indirect use of,or benefit from,the
City street system that results from activities within the City,and shall be imposed upon the persons responsible
for each developed property upon which such activities occur.
LOC 37.02.020
All funds collected pursuant to this Chapter shall be used to pay costs of operation, maintenance, repair,
engineering, improvement, renewal, replacement and reconstruction of the City street system.
LOC 37.04.010
The Street Maintenance Fee shall be billed and collected with and as part of the combined utility user charge
billing pursuant to LOC 38.06.020 and LOC 38.06.030. In the event funds received from the City's utility billings are
inadequate to satisfy in full all of the water,sewer,stormwater,and street maintenance fees,credit shall be first
given in this order: street maintenance fee,stormwater,sewer,and then water.
Rates6 and Effective Dates(Per Resolution 10-19 and 10-20):
a. Residential groups will be billed 100%of the following per resident fees monthly:
Effective Effective Effective
July 1,2022 July 1,2023 July 1,2024
Single family $ 10.65 $ 16.07 $ 16.47
Multi-family(per unit) $ 7.61 $ 11.48 $ 11.77
b. Non-Residential groups will be billed the following fees monthly, multiplied by their square footage:
Effective Effective Effective
July 1,2022 July 1,2023 July 1,2024
Group I $ 6.51 $ 9.82 $ 10.07
Group II $ 14.65 $ 22.11 $ 22.66
Group III $54.70 $ 82.55 $ 84.61
General"Group"classification defined as:
Group I: less than 29 vehicle trip miles per day, per 1,000 sq ft
Group II: from 29 to 90 vehicle trip miles per day, per 1,000 sq ft
Group III: greater than 90 vehicle trip miles per day, per 1,000 sq ft
6 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average.
Per Resolution 10-20,index adjustment shall not be less than a two percent increase or more than a seven percent increase.
The increase in prior year of 50.9%includes both an increase of 5.7%for CCI as well as for an increase of 45.2%or$1.5M for
annual pathway funding.
Page 12 2024 Master Fees and Charges
Section 1: General
Business License and Liquor License
Business License
A business with anticipated or established gross revenue during a calendar year of no more than$1,000 and at
least 50%owned by a person under 19 years of age, are exempt from the following annual business license fees
(LOC 20.02.025):
3 or fewer 4—10 11 or more
Business License Fees employees employees employees
Initial issue fee $80 $ 110 $ 150
Renewal fee received on or before renewal date $64 $ 84 $ 110
Renewal fee received after renewal date $80 $ 110 $ 150
Additional review fee' $20 $ 30 $ 45
1. Renewal Period:
Applications for new business licenses should be submitted at least 30 days before the business opens.
New business licenses are in effect for the full twelve months after the month of initial issuance.
They are renewed annually thereafter.
2. Appeal Fees:
Appeal of issue, denial,suspension,or revocation of license $200
3. Temporary Business License:
License shall be valid for no more than two successive weeks during a calendar year.They are non-
renewable with a minimum fee of$25 per week(or portion thereof) and a maximum fee of$50 per
two-week period. Applicants are restricted to two temporary licenses per year.
4. Business License Violation Fee $550
Liquor License
The Oregon Liquor Control Commission (OLCC)solicits the City's recommendation on applications for new,
renewed,or changed liquor licenses.The City will no longer charge a fee for this service.
'Additional review fee applies to any application(initial or renewal)that requires additional review.
2024 Master Fees and Charges Page 13
Section 1: General
Dog License (LOC 31.02.115)
Every person keeping a dog that has a set of permanent canine teeth or is 6 months old,whichever comes first,
shall procure a license for the dog. The license must be procured by paying the following fee to the City, not later
than 30 days after the person becomes keeper of the dog. A dog license shall be valid for up to 1,2,or 3 years,
and shall expire on the appropriate month end of the respective year.To stay within State Law, no license may be
issued with an expiration date that is beyond the end of the month of the applicable rabies vaccination expiration
date. Licenses are not prorated for partial years.
Expires on the appropriate month end
Dog license fees One year Two years Three years Rabies
Infertile $30 $60 $90 vaccination
Fertile $50 $100 $150 required
Delinquent license charge(after 2mo. past due) $20 plus license fee
Replacement dog tag $ 5
Dog impounded without license License fee plus impoundment fee
Impoundment fee(first pickup) $30
Impoundment fee(additional within 90 days) $60
Shelter fee Set by Clackamas County Dog Control Shelter
Dog license exceptions
1. Seeing-eye or other assistance dog: No fee is charged for certified seeing-eye or other assistance dogs as
defined in ORS 346.659A,such as"in-training", hearing-ear,or other assistance types recognized by a
qualified organization.
2. Rabies vaccination due to medical reasons: No rabies vaccination certificate is required as long as(1)the
examining veterinarian certifies that the dog should be exempted from the rabies vaccination due to
medical reasons and (2)states whether the reason is permanent or the date when exemption ends.
3. Kenneled for commercial sale(and not at large): The fee for a dog that is kept primarily in kennels for
commercial sale(and not permitted to run at large)as part of a dog breeder's inventory is$0;a dog that is
kept primarily in kennels(and not permitted to run at large), but is removed from the dog breeder's
inventory is$5. The keeper must provide evidence that the keeper is a dog breeder and that the dog is a
part of the breeder's inventory and/or is kept primarily in kennels for commercial sale and not permitted
to run at large.
4. New resident or new dog: New dogs are required to be licensed within 30 days of the owner becoming a
resident,of acquisition,or of first rabies shot,and for a one,two or three year license,depending on the
expiration of the rabies shot.After an additional 60 days,the delinquent license charge is added to the
regular license fee.
5. New dog licensed elsewhere: No fee is charged to owners of new dogs currently licensed elsewhere, but
are required to register the dog and obtain a City of Lake Oswego dog tag.
Page 14 2024 Master Fees and Charges
Section 1: General
Rights of Way Usage Fee
On January 2, 2019,the Lake Oswego City Council adopted Ordinance 2804, adding Lake Oswego Code Chapter 51
("Utilities Facilities in Public Rights of Way").Chapter 51 established uniform regulations for utility operations in
the City's right of way, as well as a licensing and registration process that replaced individually negotiated franchise
agreements. Fees associated with Ordinance 2804 and Chapter 51 of Lake Oswego City Code were established via
Resolution 19-03,also adopted January 2, 2019.
Utility Service Annual Rights of Way Usage Fee*
Electric 5%of gross revenue
Natural Gas 5%of gross revenue
Cable 5%of gross revenue,or maximum amount permitted by applicable law
Communications 5%of gross revenue, $3.48 per linear foot of utilities in the rights-of-
way,or a minimum annual fee of $5,797,whichever is greater;or the
maximum amount permitted by applicable law.
The per-linear-foot fee and the minimum fee shall increase 3%
annually on January 1st of each year, beginning January 1,20208
Any utility operator that does not Based on Total Linear Feet of Utility Facilities in the Rights-of-Way:
earn gross revenue within the City.
Up to 5,000: $6,956
5,001-10,000: $9,274
10,001-20,000: $13,910
More than 20,000: $23,186
The minimum fee shall increase 3%annually on January 1st of each
year, beginning January 1,2020.
"Gross Revenue" means any and all revenue,of any kind, nature or form without deduction for expense, less net
uncollectibles,derived from the operation of utility facilities in the City,subject to all applicable limitations in
federal or state law.
Rights of Way License Application fee $250 for a five-year license
Rights of Way Annual Registration fee $150
*Government provided water,sewer, and stormwater utilities are not charged this fee.
8 Fees listed incorporate 3%escalator as of January 1,2023
2024 Master Fees and Charges Page 15
Section 1: General
Attachment Fees
As per City of Lake Oswego Ordinance 2820 and established in Resolution 19-03,wireless providers that deploy
infrastructure within the city right of way are subject to the following fees:
Utility Service Attachment Fees
Wireless Facility permit fee, charged for each wireless facility
application submitted to the City $ 1,026.08 per application
Additional attachment fee, if placed on City owned pole $894.95 annually
Additional fee for optional permit pre-application meeting $549.64 per occurrence
Additional fee for knockdown of any pole with wireless facility $453.48 per occurrence
attachment
All fees shall increase 3%annually on January 1st of each year, beginning January 1, 2020
9 Fees listed incorporate 3%escalator as of January 1,2023
Page 16 2024 Master Fees and Charges
Section 1: General
Franchise Fees (as set by franchise agreements)
Electricity and Natural Gas
Portland General Electric
Franchise fee: 3.5%of defined gross revenue
Expires January 17,2023 (Ordinance 2610)
Garbage/Solid Waste
Republic Services
Franchise fee: 5%of gross cash receipts
Expires December 13, 2032 (Ordinance 2901)
Cable
Comcast(MACC) Ziply Fiber(MACC)
Franchise fee: 5%of gross revenue Franchise fee: 5%of gross revenue
Expires June 30, 2025 (Ordinance 2681) Expires May 25, 2022 (Ordinance 2486)
Telecommunication Services
Clackamas County Astound Broadband
No franchise fee(City receives use of 4 strands of Franchise Fee:A minimum of$1,500 per quarter
fiber) Expires August 4,2025 (Ordinance 2691) or 5%of gross revenue—whichever is greater
Expires December 17,2025 (Ordinance 2693)
2024 Master Fees and Charges Page 17
Section 1: General
Public Records Fees'°
1. Copies of finance documents:
Biennial Budget $25 per copy Available online
Annual Audit(Comprehensive Annual Financial $25 per copy Available online
Report)
Biennial LORA Budget $ 5 per copy Available online
Annual LORA Audit(Year-end Financial Report) $ 5 per copy Available online
2. Copies of planning and engineering documents:
Capital Improvement Plan (CIP) $56 per copy Available online
Community Development Code(City Code Ch 50) $64 per copy Available online
Comprehensive Plan $56 per copy Available online
Public Facilities Plan $29 per copy Available online
Public Facilities Plan Appendix $56 per copy Available online
Neighborhood Plans $ 19 per copy Available online
3. Copies of maps:
Zoning map $20 per copy Available online
Comprehensive Plan map $20 per copy Available online
City Limits map $20 per copy Available online
City Atlas with binder $50 per copy
City Atlas(update w/o binder) $0.25 per page
4. Copies of Lake Oswego City Code:
Copies of Lake Oswego City Code— $55 Available online
excludes Ch 50(no binder)
Copies of City Code in PDF format(CD) $20 Available online
Copies of Community Development Code $20 Available online
in PDF format(CD)
5. Copies of community surveys $ 10 per copy Available online
6. General service copies $0.25 per page
7. Flash Drives $ 8 8 GB
$ 9 16 GB
$ 13 32 GB
8. Records research $25 per 15 minutes/request(minimum $25)
plus copies and materials charges
9. Blueprints $ 1 to$7 depending on map size plus
$0.50 to$3.50 for overlays
10 Unless otherwise specified under individual department section.
Page 18 2024 Master Fees and Charges
Section 1: General
Miscellaneous Fees
1. Employment application fee(including assessment tools&testing): Time&materials, not to exceed $25.
2. Administration Fee of 20%for insurance claims related to damage to City property.
3. Use fees(as shown in the Administrative Procedures Manual, Procedure No. 2): First use of City facilities
shall be by City or other governmental entities.These use fees will be applicable to private parties using
City facilities. Fee will include, but is not limited to, a facility supervisor fee, a janitorial fee, and a building
use fee.A security and/or cleaning deposit may also be required. Fee may be waived at the discretion of
the City Manager, barring requirements by State or local codes.
City Hall building use fee for weekend requests for Class III users:
• Community Room (Council Chambers and Courtroom)$100 for the first hour and$50 per
additional hour
• Conference Room$50 for the first hour and $25 per additional hour
• Park facilities have separate fees,see Section 6.
4. Request for construction contract bidding documents: As established in the Invitation to Bid.
5. Filming permit processing fee(LOC 20.06.400) $ 1,000
Filming permit processing fee appeal $ 100
See Commercial Filming in City Parks in Section 6 for additional fees(page 32)
6. Lien search fee
Initial search per tax lot $58 for initial search
Subsequent search of same tax lot $ 15 for next 90 days
7. NSF check charges $20 for first offense
$35 for repeat offenses
8. Parking stall fee $ 1 per hour per stall
(Stalls could be located in public right-a-way or public parking lots)
9. EV Charging $0.11/kWh and a $0.75/HR after two hours of
use.
10. Passport Fees made payable to U.S. Department of State
a. For"minor"applications(under 16 years old) $ 80
b. For"adult"applications(16 years or older) $ 110 All passport fees are
c. To EXPEDITE any passport application ... add $ 60 set by the U.S.
d. For"minor" Passport Card only(under 16 years old) $ 15 Department of State
e. For"adult" Passport Card only(16 years or older) $ 30
11. Passport Fees made payable to"City of Lake Oswego"
a. For regular passport applications $ 35 per passport application
b. For Passport Card applications $ 35 per PASS Card only
Only one fee charged if applying for both
12. Passport photo fee $ 15 per set of two
2024 Master Fees and Charges Page 19
Section 2: City Attorney's Office
City Attorney's Office
The following fees shall be charged for the services of the City Attorney's Office in providing discovery to retained
defense attorneys:
Discovery Fees
1. E-discoveryll flat rate one-time fee $40
2. Electronic transmission of E-discovery $ 0
3. Flash Drives $ 10 8 GB
$ 15 16 GB
$20 32 GB
$30 64 GB
4. Paper Copies up to 10 pages $ 15
Each additional Page $0.25
5. Audio and Video unavailable through $50 first DVD/CD/USB
e-discovery12
6. Review and Redaction of Audio and $60/hour,after first 30 minutes(billed at 15-minute
Video to comply with ORS 135.815 increments)
7. Copies of photographs unavailable $ 1 per letter-sized page(4 color print to a page)
through e-discovery $50 burned to a CD(for up to 30)
City Code
1. See Section 1:General, Public Record Fees,on page 18.
11 In general, e-discovery includes police reports and city-created digital visual materials(e.g. body worn camera,
vehicle mobile-audio-video, photographs,etc.)directly associated with the case.
12 In general,video materials not created by the City--such as cell phone videos—are not included in the flat rate
and must be separately requested.
Page 20 2024 Master Fees and Charges
Section 3: Fire Department
Fire Department
The following fees shall be charged for the Fire Department activities of the City.Any non-listed expenses to
provide services in Section 3 will be charged at cost.
General Fees
1. Fire and Inspection Reports
a. Reports up to 10 pages $25
Each additional page over 10 $0.25
b. Additional research time past first 15 minutes $25 per 15 minutes
charged to nearest quarter hour.
2. Fire Investigation Information and Other
a. Narrative report up to 10 pages $25
Each additional page over 10 $0.25
b. Digital flash drive copies $25
Each additional copy same flash drive $ 16
Plus charge for each picture $0.25
c. Photo log $25 each
d. Staff time past first 15 minutes charged to the $25 per 15 minutes
nearest quarter hour
3. Non-listed expenses to provide services in Section 3 Charged at cost
Medical Services and Transport Fees
1. Advanced Life Support(ALS), Level One, Emergency $1,523.39
2. Advanced Life Support(ALS), Level One $1,523.39
3. Advance Life Support(ALS), Level Two $1,523.39
4. Basis Life Support(BLS), Emergency $1,523.39
5. Basic Life Support(BLS) $1,523.39
6. Advanced Life Support On-Scene Treatment $800
7. Patient-Loaded Mileage $31.91 per mile
8. Extra Attendant $101.21
(When a patient's condition warrants the presence of
additional medic support personnel to assist crew
during transport.)
9. Ambulance/Medical Standby Fees
a. Paramedics 3 hour minimum $257 per hour
b. Billing/Administration $ 100
2024 Master Fees and Charges Page 21
Section 3: Fire Department
Emergency Services Rates
1. Apparatus costs: Per current Oregon Fire Service Mobilization Plan fee schedule.
2. Personnel costs: Fire employee's actual hourly rate plus benefits or the actual personnel costs to
replace on-shift firefighters in their assigned capacity.
3. Dive team and boat team operations:Apparatus and personnel costs apply; plus$60 per hour for
specialty equipment maintenance and miscellaneous costs associated with the use of specialty
equipment.
4. Emergency standby for hazardous utility incidents where Fire needs to protect life and property:
$289.81 per hour after the first half hour.
5. Non-emergency standby for special events: $289.81 per hour for Fire Apparatus
6. Calls for emergency services for accidents on highways, public right-of-ways, railways,or resulting from
other transportation incidents exceeding 0.5 hours may be billed according to the current payment
schedule in the Oregon State Mobilization Plan adopted by the Oregon State Fire Marshal's Office.
Fire and Life Safety Plan Reviews
1. Preliminary water and emergency access evaluation for all pre-applications $ 70
2. Detailed water and emergency access evaluation for all development and building permit applications:
a. Minor partitions(up to 3 lots) $ 140
b. Subdivisions $250
c. Commercial $250
d. All other applications requiring fire review $ 140
3. All fire code construction permits requiring fire review $250
4. All Fire Code Operational Permits $200
5. Mobile Emergency Responder Radio Coverage(MERRC)
a. 0 to 50,000 sq.ft. $0.50 per sq.ft.
b. Additional sq.ft.from 50,001 to 100,000 $0.30 per sq.ft.
c. Additional sq.ft.exceeding 100,000 $0.10 per sq.ft.
Fire and Life Safety Inspections
1. Initial inspection and 1st follow-up No fee
2. Each additional inspection, required for compliance $ 107 per hour
3. After-hours inspections $ 150 per hour(1 hour minimum)
4. Re-inspection fee for new construction after the second violation $ 107 per hour
Page 22 2024 Master Fees and Charges
Section 4: Library
Library
The following fees shall be charged for the Library Department activities of the City:
General Fees (LOC 16.08.310)
1. Uniform Library Network Fees
Non-resident card $95 per family per year
2. Library Penalty Fees
Lost and damaged library items Replacement cost,as determined by staff
3. Sale of withdrawn/surplus items Varies;typically$0.10-$3
4. Overdue fine $0.10 per item per day,with a $1 maximum fine per item
$ 1.00 per item per day,with a maximum fine equal to the
replacement cost of the item,for Library of Things material
5. Photocopy charges
General photocopy charges $0.10 per page
Reference collection photocopies $0.10 per page(first 5 pages are free)
Black and white internet printing charges $0.10 per page(first dollar used in any combination of
color and/or black&white is waived)
Color internet printing charges $0.25 per page(first dollar used in any combination of
color and/or black&white is waived)
2024 Master Fees and Charges Page 23
Section 5: Municipal Court
Municipal Court
The following fees shall be charged for the Municipal Court activities of the City:
General Fees
1. Delayed Payment Fee
This fee is assessed in order to help defray the costs of deferred payment of fines.
Duration of Payments Amount added to fine
0 to 60 days $ 0
Over 60 days $ 15
2. Vacate Fee $20
This is a fee charged when someone requests the Municipal Court Judge to review a file,
change the status,and/or vacate a charge from the DMV record.
4. Fix-it-ticket Administrative Fee $35
This fee is charged when the citing officer has designated the citation as one that will be
dismissed if proof of correction is provided before the initial appearance date.
5. Good Driver Deferred Sentencing Program Administrative Fee
Fee shall be the equivalent of the reduced presumptive fine for the charged offense.
6. Seatbelt and Child Restraint Violation
Deferred Sentencing Program Administrative Fee $ 100
7. Civil Compromise Administrative Fee $ 150
8. Court Appearance Audio Recording $25 each
9. Certified Copies of Court Documents $5 each
10. Copies up to 10 pages $ 15
Each additional page $0.25
Page 24 2024 Master Fees and Charges
Section 6: Parks & Recreation
Parks & Recreation
The following fees shall be charged for the Parks& Recreation activities of the City:
Recreation Services and Activities
The services and activity programs within Parks& Recreation are designed to meet the expectations of the Lake
Oswego community.A wide range of recreational activities are offered to all ages and ability levels.Services and
activity programs are offered to families and individuals at an affordable price and well within market value.
Fees
Each division shall determine fees based upon marketability and associated expenses for the specific program or
service.
1. Lake Oswego residents are given priority in registration and pricing for recreation services and activities.
Non-residents are charged additional fees of up to 1.5 times the base activity rate.
2. Fees are designed to cover 100%of the expenses associated with activities. Factors included in rates are:
Instructor wages and benefits,supplies/materials,entrance/admission fees, advertising,and
transportation.
3. Contract service provision of activities include fees to cover total expense plus a program administrative
percentage. Service providers are paid a negotiated sum per participant.
4. Lake Oswego Parks& Recreation (LOPR) Refund Policy
• 100%of refund if LOPR cancels an activity
• 100%refund for an activity fee if requested refund is seven (7)calendar days prior to the start date
of activity.
• Refunds requested after seven (7)calendar days prior to activity start date are processed upon
approval of the programmer and/or contractor and are subject to$10 processing fee(fee applies to
each activity withdrawal).
• In lieu of a check or credit card refund,and after seven (7)calendar days prior to start date of the
activity,the$10 processing fee is waived and activity fee credit is placed on customer account.All
credits are non-refundable and applicable for LOPR activity registration or user fees.
2024 Master Fees and Charges Page 25
Section 6: Parks & Recreation
Lake Oswego Recreation & Aquatics Center (LORAC) User Fee Schedule*
*Fees subject to change
Classification Daily 10 Visit Pass/3
Res. N. Res. Res. N. Res.
Adult(18-59) $7.00 $11.00 $63.00 $99.00
Youth (3-18) $5.00 $8.00 $45.00 $72.00
Senior(60+) $5.00 $8.00 $45.00 $72.00
Classification 3 Month Annual Annual Paid Monthly
Res. N. Res. Res. N. Res. Res. N. Res.
Adult(18-59) $125 $188 $400 $ 600 $35 $51
Youth (3-18) $106 $160 $340 $ 510 $29 $44
Senior(60+) $106 $160 $340 $ 510 $29 $44
Household** $234 $352 $750 $1,125 $64 $95
Add'I Youth $10 $15
Notes: Resident status includes anyone who lives,attends,or works within the boundaries of the Lake Oswego School
District.
3 Month rates are the annual rate divided by 4 time 125%.
Monthly installment payments on annual memberships are based on automatic withdrawal(auto renew)from a
bank account or credit card.
**Household includes 2 adults and up to 3 youth.Each additional youth is another$10/$15 per month
3 Month/Annual/Annual Paid Monthly membership fees include:
• Lap Swimming and Independent Lane Workouts
• Open swim for individuals and families
• Parent/Preschool Swim
• Senior Swim
• Shallow/Deep Water Aerobics and/or Studio Aerobics classes***
• Access to Workout Room for ages 18+
• Open Play Gym Use
Drop in Rate:
Aerobics Classes $8.00/$10.00(Water or Studio)
***Specialty water and studio fitness classes are NOT included in membership fee.
13 10 visit passes are a 10%discount over the daily fee.
Page 26 2024 Master Fees and Charges
Section 6: Parks & Recreation
Aquatic Programs Fees Res Rates Non-Res Rates Notes
Group Swim Lessons $75/Session $95/Session %hour 8 classes
Semi-Private Lessons(2) $100/Session $115/Session %hour 4 classes
Private Lessons $150/Session $175/Session %hour 4 classes
Water Therapy $40/Half Hour $60/Half Hour
Lifeguard Training $400/Session $475/Session
Water Safety Instructor Training $200/Session $250/Session
Water Fitness Instructor Training $200/Session $250/Session
Senior Swim Time $5/Session
Teen Time $5/Session
Parent/Preschool Swim $5/Session
Birthday Party Packages $250/Event $300/Event 2 hrs room and
12 swim
admissions
Building Rentals Fees
Oswego Hall Room 1 or Room 2 $150/Hour
Oswego Hall Rooms 1&2 $300/Hour
Oswego Hall Rooms 1&2 weekends $1800/6 Hours Event OLCC Server
$150 per hour
Birthday Party Packages $250/Event 2 hours
LORAC Event Room $125/Hour 2 hour minimum
Fitness Studio $125/Hour 2 hour minimum
Gymnasium per court $75/Hour
Gymnasium (all courts) $150/Hour
Aquatic Rentals Fees
Lane $22/Hour
6 Lanes $135/Hour
Recreation Pool $350/Hour 2 hour minimum
Competition Pool $450/Hour 2 hour minimum
Entire Aquatic Facility After Hours $1,000/Hour 2 hour minimum
Lake Oswego Golf Course (Name TBA)
Green Fees
Day Pass 9 Holes 18 Holes
Weekdays(Monday—Thursday) $23 $39
Weekdays Junior/Senior Rates $ 11 $21
Weekends/Holidays $26 $48
Range Fee
Category 9 Holes 18 Holes
Club Rentals $ 18 $ 28
Pull Cart Rentals $ 5 $ 7
Power Cart Rentals $ 12 PP $ 18 PP
Range Balls
Category Small Medium Large
Bucket Size $ 6 $ 9 $ 12
2024 Master Fees and Charges Page 27
Section 6: Parks & Recreation
Indoor Tennis Center
1. Court Fees
$24-$32/hour
Seasonal $22-$26/hour
2. Activity Rates
a. Staff Instructed Activities—Fees established by determining the instruction hourly rate charged plus an
additional administrative program percentage determined by market.
b. Private Lessons—Instructors who are employees of the City may teach private lessons. Instructors must
pay the City for the use of the courts at the seasonal rate.
c. Lake Oswego residents are given priority in registration and pricing for recreation classes and activities.
Non-residents are charged additional fees of up to 1.5 times the base class or activity rate.
3. Card Key Fee—A non-refundable fee of$20 resident, $30 non-resident annually.
4. Additional Fees—The Tennis Center shall be able to add new activities or programs during the year in order to
promote marketability of the facility.As with other activities,fees will be based on instruction hourly rate
charged plus an additional program administrative percentage determined by market.
Athletic Field User Charges
1.
Turf Field fees
Natural Turf Artificial Turf
Category Daytime With lights Daytime With lights
Category 1 (LOPR Programs) No Charge No Charge No Charge No Charge
Category 2 (Recognized local youth $ 13/hr $ 18/hr $ 15/hr $20/hr
organizations)
Category 3 (locally sponsored, LOSD) $30/hr $40/hr $30/hr $40/hr
Category 4(non-local&for-profit) $80/hr $ 100/hr $80/hr $ 100/hr
Category 1
Applies to all LORP&City of Lake Oswego affiliated activities.
Category 2-Applies to recognized local youth organizations.
• 70%of participants are local residents. Participants considered local residents have a local home address
and/or attend a public school in the Lake Oswego School District.
• Additionally,these Organizations must maintain a "good standing"with LOPR in order to remain in this
category.
• Local youth organizations under the Community Schools Program are considered category 3.
Category 3—This categories applies to tournaments, events,camps,clinics,and activities that are hosted by
recognized local youth leagues/organizations.
• This includes other School Districts,athletics/sport leagues,civic groups,churches, business organizations,
neighborhood associations, and individual residents for non-profit purposes.
Page 28 2024 Master Fees and Charges
Section 6: Parks & Recreation
Category 4—This category applies to all clinics,camps,tournaments, and activities hosted by non-local
organizations.
• This category also applies to all for-profit entities, regardless of location address or local participation
percentage.
1. League Cleaning&trash disposal fee(Covers cost of trash pick-up on athletics fields $200 per session
over and above regular trash disposal)
2. Lights turn off charge:A lights turn off charge of$50 per occurrence will be applied to billing when lights
are not turned off by field users and must be turned off by City Staff.This charge applies in the following
circumstances:
a. Cancelled field use,without notification for the purpose of turning off field lights or to cancel requested
field lights programming.
b. Leaving field earlier than the scheduled reserved time without turning off lights.
3. Additional Fees:
City may charge additional fees for category 3 and 4 users,over and above the hourly rates listed,to cover
costs such as concession stand use,cleaning,garbage, etc.
4. Tournament and Camp
• Tournaments and Camps will not be issued a refund or credit due to unused fields or hours
• Cancellations made at least 7 days in advance will receive a full refund minus a $25 cancellation fee.
• A refundable damage deposit of$500 will be assessed to all tournament rentals.
Adult Community Center Fees
1. Human Services Programs
a. A per participant donation may be suggested for specified human service programs.
b. Fees are designed to cover up to 100%of the expenses associated with the Social Services trips
and Respite Program.
c. A$30-$50 per session (per participant) resident, $35-$55 per session (per participant) non-resident
fee is designed to cover direct expenses associated with the respite program.
d. Classes and other programs generating revenue for another entity, but held at LOACC may be
charged a per person fee.
2. Shuttle Bus Transportation to and from the Center.
Suggested donation is$1 per one-way ride.
3. Refund Policy
• 100%refund to each registered and paid participant if LOPR cancels an activity,class or event.
• 100%refund for an activity fee if refund is requested seven calendar days prior to start date of
activity.
• Refunds requested within seven calendar days prior to the start date of the activity are subject
to$10 processing fee(fee applies to each activity withdrawal).
• In lieu of a refund,the$10 processing fee is waived with an option for activity fee credit on
customer account.All credits are non-refundable and applicable for LOPR activity registration
or user fees.
• After an activity start date(day of or after), only a prorated refund credit on customer account
is issued.
2024 Master Fees and Charges Page 29
Section 6: Parks & Recreation
4. Trip Refund Policy
Trip Refund Policy:There are no refunds for trips that include expenses prepaid by the ACC unless a
replacement participant can be found.All other trips may be canceled with a refund per the L.O.
Park& Recreation refund policy.
5 Room Rental Fees14
Adult Community Center Non-Profit Organization All Others
Up to 3 hours
Oak/Acorn Rooms:
Non-Refundable Cleaning Fee $25 $25
Non-Refundable Cleaning Fee(with food) $50 $50
Refundable Deposit $75 $200
Hourly Usage Fee $50/hr $ 100/hr
Trillium/Hazel/Dogwood/Birch/Cedar/Madrone
Rooms:
Non-Refundable Cleaning Fee $ 10 $ 10
Non-Refundable Cleaning Fee(with food) $25 $25
Refundable Deposit $25 $ 100
Hourly Usage Fee $25/hr $50/hr
TV Monitor w/HDMI access $20 per use $20 per use
Microphone and speakers $30 per use $30 per use
Hybrid Equipment $25 per use $25 per use
Podium $20 per use $20 per use
White Board Easel w/paper $20 per board $20 per board
After hour staff $25 per hour $25 per hour
Exceptions to the rental policy may be made at staffs discretion depending upon extenuating
circumstances.
6 Additional Fees
The Adult Community Center shall be able to add new activities or programs during the year
in order to promote marketability of the facility.As with other activities,the fee will be based
on a base rate plus overhead.
Swim Park
Daily usage is free to local residents in compliance with an agreement between the Lake Corporation and
the City of Lake Oswego
Water Sports Center
Lake Oswego Rowing Club Foundation has an agreement with the City to operate the Water Sports Center.
User activity fees are set by the Lake Oswego Rowing Club Foundation.
14 Non-residents are charged fees 1.5 times the resident fees for all rental fees.
Page 30 2024 Master Fees and Charges
Section 6: Parks & Recreation
Park Reservation Fees15
1. Facility Rental—Exceptions to Section 1, Miscellaneous Fees, page 19.
Facility Rate I Rate II Rate III
Park Picnic Shelters $85/3 hrs $ 100/3 hrs $ 190/3 hrs
Millennium Park pergola area $ 110/hr $ 160/hr $460/hr
Millennium Stage/grassy knoll $ 60/hr $ 110/hr $310/hr
Foothills Park Pavilion $ 110/hr $ 160/hr $360/hr
Foothills Amphitheater $ 110/hr $ 160/hr $310/hr
Foothills Pavilion Grass Area $ 60/hr $ 110/hr $310/hr
Foothills Viewing Dolphins $ 60/hr $ 80/hr $220/hr
Roehr Park Amphitheater&Viewing $ 160/hr $230/hr $520/hr
Dolphin
Roehr Excursion boat dock for— $ 60/hr $ 80/hr $220/hr
commercial use
Non-shelter Parks Areas16 $ 60/hr $ 80/hr $220/hr
Refundable damage deposit
Park Shelters George Rogers,
East Waluga,West Waluga $ 100/use
Premier Parks: Millennium Plaza $500/use
Park, Foothills Park and Roehr
Park
Special Events $500/use
Rate I: Open or closed to the public; events with no sales, no admission fees, no concession sales,
no entry fees,and no pledges of future revenues; no sponsor signage allowed.
Rate II: Open to the public;events which generate sales, admission fees,concessions,entry fees
and/or pledges of future revenues;sponsor signage allowed.
Rate III: Closed to the public;events which generate sales,admission fees,concessions,entry fees,
and/or pledges of future revenues;sponsor signage allowed.
2. Food trucks with facility reservation $60/hr
3. Special Event Application Fees and Special Event Park Reservations
• Special Event Application Fee-other than for City Sponsored Events
Application must be received 60 days prior to the event. Fee is$200.
• For reservations that are tied to a Special Event Permit that use park areas,standard
Park/Premier Park fees apply and are in addition to the Special Event Fee.
• Additional City Staff maybe needed to support an event. In such case there is an additional
$150/hr per person for the need time at the event.
15 Non-residents are charged fees 1.5 times the resident fees for all rental fees.
16 Includes other park areas not listed such as lawn areas,plazas,gardens, historical sites,or use of ball fields or parking lots for
special events.
2024 Master Fees and Charges Page 31
Section 6: Parks & Recreation
4. Refund Policy
• 100%refund of reservation fee if LOPR cancels the reservation.
Shelter Reservation Refund:
• If a reservation is canceled 14 days prior to reservation date,a full refund is given, less
the$10 processing fee.
• If a reservation is canceled less than 14 day prior to the reservation date only the
refundable deposit will be refunded.
Premier Park and Special Event Park Refund:
• If a reservation is canceled 30 days prior to reservation date a full refund is given, less
the$10 processing fee.
• If a reservation is canceled less than 30 days prior to the reservation date 50%of the full
payment will be refunded. The Special Event Permit Application fee is not refundable.
Miscellaneous Fees
1. All Parks Plans $30 per copy
2. Research fee $25 per 15 minutes($25 minimum)
plus copy and material charges
Commercial Photography and Filming in City Parks
See also Filming Permit in Section 1 for the additional processing fees, page 19.
1. Film/Video rate per venue
a. One day fee-no park closure required $ 250
b. One day fee-park closure required $ 1,000
Damage deposit may be required,depending on scope of filming.
2. Still Photography day pass rate per venue
a. 1 to 5 hours $ 55
b. 6 to 24 hours $ 110
3. Annual Photo Pass(All Parks) $ 150
4. Long-term shoot:Any shoot over 24 hours will be considered a long shoot. Fees will be assessed for each
24 hour period.
5. For passes that need full park closure, park reservation fees will apply. Fees found on page 31.
Personnel Fees: City employees needed to assist with Special Events and/or Film Permits
$150/hour/person,subject to availability.
Page 32 2024 Master Fees and Charges
Section 7: Police Department
Police Department
The following fees shall be charged for the Police Department activities of the City:
Security Alarm Permit and Fees (LOC 20.08.606)
Voluntary Annual Alarm Permit Fee $25
Security Alarm Code Violation Fines (LOC 20.08.612)
Fines for excessive false alarms in a permit year shall be as follows:
Second false alarm in any year $ 100
Third false alarm in any year $ 125
Fourth false alarm in any year $ 175
Fifth false alarm in any year $275
Sixth and any additional false alarms $425
Fines for excessive false alarms WITH a voluntary alarm permit shall be as follows:
Third and succeeding false alarm in any year $ 100
Police Reports (LOC 14.06.220)
1. Copies up to 10 pages $ 15
Each additional page $0.25
2. 911 audio recording $50 per recording
Audio and Video Copies $50 first recording(DVD/CD/USB) &$ 15 each
additional copy
CAD Incident Report $10
3. Review and Redaction of Audio and Video $60/hour,after first 30 minutes(billed at 15-minute
increments)
Miscellaneous Police Fees
1. Records research (LOC 14.06.220) $25 per 15 minutes($25 minimum)
plus copy and material charges
2. Copies of photographs (LOC 14.06.220) $ 1 per color print
$50(for up to 30) burned to CD, plus$ 1 each
thereafter
3. Storage fee at P.I.T.for vehicles&equipment $50 per day
4. Hazmat quarantine/investigation $250 per day
5. Police impounded vehicle fee $350 per vehicle
6. Overtime charge*for special events requiring police services are determined based upon which of the
following positions are utilized for a minimum of 4 hours:
Community Services Officer(CSO), Police Officer,Sergeant, Lieutenant,and/or Captain.
*Contact the Police Department for this charge.
2024 Master Fees and Charges Page 33
Section 8: Public Works Support Services
Public Works Support Services
The following fees shall be charged for the Public Works Support maintenance activities of the City:
General Fees
1. Public facilities damage(street signs,water lines,etc.) Billed at cost plus 20%for overhead plus lost revenue
2. Sign installation for new subdivisions Billed at cost plus 20%for overhead
Second inspection at cost plus 20%for overhead
3. Citizen-requested items(hydrant relocation,water
service relocation,etc.) Billed at cost plus 20%for overhead
Page 34 2024 Master Fees and Charges
Section 9: Building
Building Division
A 12%surcharge fee as mandated by the State Building Codes Division is applied to all permit fees.
The following fees''shall be charged for the Building Division activities of the City(LOC 45.01.040):
Building Permits
Valuation is based on the tables referenced in Oregon Administrative Rule 918-050-0100 and 0110.
1. Total Valuation
$ 1 to$2,000 $102.82 up to and including$2,000
$2,001 to$25,000 $102.82 for the first$2,000 plus$9.40 for each additional $1,000
or fraction thereof, up to and including$25,000
$25,001 to$50,000 $319.02 for the first$25,000 plus$6.75 for each additional$1,000
or fraction thereof, up to and including$50,000
$50,001 to$ 100,000 $487.77 for the first$50,000 plus$4.70 for each additional$1,000
or fraction thereof, up to and including$100,000
$ 100,001 to$500,000 $722.77 for the first$100,000 plus$3.00 for each additional$1,000
or fraction thereof, up to and including$500,000
$500,001 to$ 1,000,000 $1,922.77 for first$500,000 plus$2.55 for each additional $1,000
or fraction thereof, up to and including$1,000,000
$ 1,000,001 and up $3,197.77 for first$1,000,000 plus$1.65 for each additional$1,000
or fraction thereof
2. Minimum Structural Permit $102.82
Fee
3. Plan review fees 65%of structural permit fee
4. Fire&life safety review fee 40%of structural permit fee (on commercial only)
5. Other inspections — see also Other Inspection and Fees(pg.43)
a. Inspections for which no fee is specifically indicated $ 102.82 per hour
b. Additional plan review required by changes,additions,or revisions to plans $ 102.82 per hour
6. Phased Plan Review
Phased Plan Review fees shall be$250 plus 10%of the total project building permit fee and shall not
exceed $1,500 pursuant to the authority of OAR 918-050-0160.This is in addition to standard plan
review fees.
17 The Building Division Permit Fees and Plan Review Fees were modified and increased in response to implementation of the
State of Oregon Permitting System,per Resolution 20-27.
2024 Master Fees and Charges Page 35
Section 9: Building
7. Deferred submittals Plan Review
The fee for processing and Plan Review of deferred submittals shall be 10%of the
building permit fee, using the value of the particular deferred portion or portions
of the project but not less than $275.This fee is in addition to standard Plan
Review fees.
Architects and Engineer's exemption for plan review of"conventional light frame construction"
(allows architects and engineers to perform plan reviews in lieu of the jurisdiction) pursuant to the
authority of ORS 455.628
8. Administration fee for processing and facilitating issuance $250
9. Commercial Fire Systems— based on valuation, see Structural Permit Fee Table
10. Residential Fire System —Standalone System, includes plan review
Square footage Permit fee
0 to 2,000 $231.00
2,001 to 3,600 $313.50
3,601 to 7,200 $372.25
7,200 and above $437.25
11. Prescriptive Solar Panel Installation Permit— includes plan review(does not $ 125
include Electrical Permit) *
12. Non-Prescriptive Solar Panel Installation — See Building Permit Fee Valuation Schedule
13. Change of Occupancy $250
14. Temporary Certificate of Occupancy $ 125 per month
*Fee is required by Oregon Administrative Rule#918-050-0180
Electrical Permits
1. New residential,one-and two-family dwelling unit
1,000 square feet or less $293.60
Each additional 500 square feet or portion thereof $ 59.80
Each manufactured home, modular dwelling service,or feeder $ 118.50
Limited energy $ 100.00
New multi-family largest unit is calculated as per square footage
rates above and each additional unit calculated at 50%of the fee for
the largest unit
2. Service or feeders: installations, alterations,or relocation
200 amps or less $ 175.05
201 amps to 400 amps $231.60
401 amps to 599 amps $349.05
600 amps $349.05
601 amps to 1,000 amps $524.10
Over 1,000 amps or volts $958.45
Reconnect only $ 110.00
Page 36 2024 Master Fees and Charges
Section 9: Building
3. Temporary services or feeders: installations,alterations,or relocation
200 amps or less $ 102.20
201 amps to 400 amps $ 217.45
401 amps to 599 amps $ 293.60
600 amps $ 293.60
601 amps to 1,000 amps $ 430.00
Over 1,000 amps or volts $ 814.65
4. Branch circuits: new,alteration, or extension per panel
With purchase of service or feeder, each $ 13.45
Without purchase of service or feeder
First circuit $ 97.85
Each additional circuit $ 13.45
5. Miscellaneous(service or feeder not included)
Each pump or irrigation circle $ 118.50
Each sign or outside lighting $ 118.50
Signal circuit(s)or a limited energy panel, alteration, or extension $ 118.50
Renewable energy for electrical systems-5kva or less $ 151.15
Renewable energy for electrical systems-5.01kva through 15kva $ 180.45
Renewable energy for electrical systems-15.01kva through 25kva $ 293.85
Renewable energy-solar generation over 25kva $ 293.85 +$ 11.74
(permit charge will not increase beyond the calculation for 100kva) per added kva
Renewable energy for wind system-25.01kva through 50kva $ 587.75
Renewable energy for wind system-50.01kva through 100kva $ 1,175.55
Renewable energy for wind system-misc.fee, hourly rate $ 110.00
6. Each additional inspection over the allowable in any of the above, per $ 110.00
inspection
-see also Other Inspections and Fees(pg.43)
7. Special inspections per hour $ 110.00
8. Master Electrical Permit-on time applications fee $ 100.00
9. Master Electrical Inspections-per hour $ 110.00
10. Initial Electrical permit plan review fee is 25%of the electrical permit fee.
11. Addition plan review-electrical-per hour $ 110.00
2024 Master Fees and Charges Page 37
Section 9: Building
Mechanical Permits (Residential)
Unit Fee Schedule
1. Furnace
Less than 100,000 BTU input $36
Greater than 100,000 BTU input $36
2. For the installation or relocation of each floor furnace, including vent $36
3. Furnace/burner including duct work/vent/liner $20
4. For the installation or relocation of each suspended heater, recessed wall heater,or
floor mounted unit heater $29
5. For the installation, relocation,or replacement of each appliance vent or chimney
installed and not included in an appliance permit $20
6. For the repair,alteration,or addition of an Air Handler or Heat Exchanger
up to 10,000 cfm $36
10,001 cfm and over $36
7. Wood or Pellet stove, including hearth and wall shield $36
8. Gas or wood fireplace insert $36
9. Pool or spa heaters/kilns $20
10. Flue vent for water heater or gas fireplace $20
11. Decorative gas fireplace $36
12. Oil tank/gas/diesel generators $21
13. Installation or relocation of domestic type incinerator $20
14. Hydronic hot water system $50
15. Ventilation fan connected to a single duct $ 14
16. Installation of hood served by mechanical exhaust, including ducts for hood $22
17. Range hood/other kitchen equipment $22
18. Heat pumps $50
19. Air conditioners $50
20. Mini split system $50
21. Evaporative cooler other than portable $50
22. Water heater includes vent/flue only $21
23. Repair,alteration,or addition to mechanical appliance including installation of $21
controls
24. Ventilation system not a portion of heating or air conditioning authorized by permit $21
25. Attic/crawl space fans $ 14
26. Radon mitigation $ 14
27. Clothes dryer exhaust $ 13
28. Ductwork-no appliance/fixture $20
29. Barbecue $21
30. Chimney/line/flue/vent $20
31. Other heating/cooling $21
Page 38 2024 Master Fees and Charges
Section 9: Building
32. Other fuel appliance $21
33. Other environment exhaust/ventilation $21
34. Permit fees for fuel gas-piping shall be
For each gas-piping system of one to four outlets $ 14
For each gas-piping system of more than four outlets, per outlet $2.20
35. Appliance or equipment regulated by code, but not classified in other appliance $21
categories
36. A minimum charge for mechanical permits $ 102.82
37. Each additional inspection over the allowable, per inspection —see also Other $ 102.82
Inspections and Fees(pg.43)
38. Residential Plan Review 25%of total permit fee
Mechanical Permits (Commercial)
Use this section for commercial installation, replacement,or relocation of non-portable mechanical equipment or
mechanical work not covered previously. Indicate the value of all mechanical labor, materials, and equipment.
Value Permit Fee Amount
$ Less than $5,000 $ 102.82
$5,001 to$ 10,000 $ 102.82 plus$ 1.50 for each additional$ 100 over$5,000
$ 10,001 to$ 100,000 $ 177.82 plus$ 10.20 for each additional$ 1,000 over$ 10,000
$ 100,001 and above $ 1,095.82 plus$7.00 for each additional $ 1,000 over$ 100,000
Plan review Fees A mechanical plan review shall be paid.The fee is equal to 25%
of the total permit fee.
2024 Master Fees and Charges Page 39
Section 9: Building
Plumbing Permits (LOC 46.02) These fees do not apply when solely replacing
fixtures without re-plumbing and/or relocating
1. Fixture fees are as follows—note,there is a minimum them (except for water heaters, item ee.).
Residential Plumbing permit fee of$97
a. Roof Drains(commercial) $24
b. Absorption valve $24
c. Hose bibb $24
d. Backwater valve $24
e. Catch basin or area drain $24
f. Drinking fountain $24
g. Trench drain, per 100'or any portion thereof $ 102.82
h. Expansion tank $24
i. Fixture cap off $24
j. Storm water retention/detention tank/facility $24
k. Manufactured home utilities, per 100' or any portion thereof $ 102.82
I. Ice maker $24
m. Rainwater harvesting $24
n. Alternate potable water heating system $24
o. Other—plumbing $24
p. Septic abandonment $24
q. Interceptor/grease trap $24
r. Manhole $24
u. Sink/basin/lavatory $24
v. Swimming pool piping to backflow only per 100' or any portion thereof $ 102.82
w. Tub/shower/shower pan $24
x. Urinal $24
y. Water closet $24
z. Dishwasher $24
aa. Garbage disposal $24
bb. Clothes Washer $24
cc. Floor drain/floor sink/hub drain $24
dd. Sewer, per 100'or any portion thereof $ 102.82
ee. Water heater $24
ff. Water service, per 100'or any portion thereof $ 102.82
gg. Storm drain, per 100'or any portion thereof $ 102.82
hh. Sewage ejector pump and sump pump $24
ii. Primer $24
jj. Backflow prevention device or anti-pollution device $24
kk. Any trap or waste not connected to a fixture $24
II. Any other plumbing installation, not otherwise listed in this schedule,
having a sanitary waste or potable water supply $24
mm. Re-piping of existing fixtures
First fixture $ 17
Each additional fixture $ 10
Page 40 2024 Master Fees and Charges
Section 9: Building
nn. Minimum fee for plumbing permits—Commercial/Residential $ 102.82
2. For NEW one-and two-family dwellings only,the fees are per bathroom as follows
(this fee includes 100 feet for each utility connection, hose bibbs, icemakers,
underfloor low-point drains, and rain drain packages that include piping,gutters,
downspouts,and perimeter system):
a. One bath $333.50
b. Two baths $362.25
c. Three baths $402.50
d. Each additional bath/kitchen $ 130.80
3. Each additional inspection over the allowable, per inspection—see also Other $ 102.82
Inspections and Fees(pg.43)
4. Plumbing Plan Review-Add 30%of fees as calculated above for plan review, if required.
5. Commercial Plumbing-Medical gas fees:
a. Medical gas permit fees shall be based on the value of installation costs and the system
equipment, including but not limited to inlets,outlets,fixtures,and appliances, Med Gas
permits are subject to the Commercial Plumbing minimum permit fee. Medical gas plan review
—see Commercial Plumbing plan review.
6. Residential Fire System—Multipurpose/Continuous Loop system, includes plan review
Square footage Permit Fee Amount
0 to 2,000 $231.00
2,001 to 3,600 $313.50
3,601 to 7,200 $372.25
7,200 and above $437.25
Grading and Fill Permits
Plan Review $ 125
50 to 1,000 cubic yards $ 150
1,001 to 10,0000 cubic yards $250
10,001 to 100,0000 cubic yards $350
100,001 cubic yards or more $450
Demo and Deconstruction Permits
Residential one-and two-family structures $300
Commercial buildings $400
2024 Master Fees and Charges Page 41
Section 9: Building
Manufactured Home Permits
Installation permit fee includes the concrete slab, runners or foundations when prescriptive,electric feeder and
plumbing connections and all cross-over connections.
Installation Permit Fee $445
State Fee $ 30
ORS 446.176(1)and OAR 918-5000105 require all local governments providing construction permits or inspections
for manufactured dwelling and cabana installations to collect and remit to the Department of Consumer and
Business Services a$30 fee for each installation permit issued.This fee is to be added to manufactured dwelling
and cabana installation permits only and should not be added to accessory structures or building,electrical,
plumbing, mechanical permits or plan reviews.
Manufactured Dwelling/RV Parks
The Area Development Permit fee to be calculated based on the valuations shown in Table 2 of OAR
918-600-0030 for Manufactured Dwelling/Mobile Home Parks and Table 2 of OAR 918-650-0030 for
Recreational Park&Organizational Camp—and applying the valuation amount to Table 1 as referenced
for each.
Community Development Code Enforcement Charges
Single family $ 163
Multi-family $ 163 plus$163 per each 12 units
Office/Retail
0—5,000 square feet $ 163
5,001- 10,000 square feet $326
10,001-25,000 square feet $487
25,001-50,000 square feet $648
50,001+square feet $811
Industrial/Public/Institutional
0—20,000 square feet $ 163
20,001-30,000 square feet $326
30,001+square feet $487
Enforcement
Stop Work $550
Building Violation (LOC Chapter 45) $550
Record Retention and Archiving Fees
For purposes of archiving records per State mandate $31.00 Flat fee on all permits
Page 42 2024 Master Fees and Charges
Section 9: Building
Research and Consultation Fees
Records Research $25 per 15 minutes/request, minimum 15 minutes
Fee Estimates - new residential and commercial projects $ 100 per hour per request, minimum one-hour
Consultation for code review, hypothetical projects $ 100 per hour, minimum 1/2 hour
Supplemental Plan Review $ 100 per hour, minimum 1/2 hour
Other Inspections and Fees
1. Inspections outside of normal business hours(minimum charge= 1 hour) $ 120 per hour
2. Re-inspection fee assessed under provisions Section 305 (f) $ 102.82 per inspection
3. Inspections for which no fee is specifically indicated $ 102.82 per hour
4. Additional plan review required by changes,additions,or revisions to $ 102.82 per hour
approved plans(minimum charge= 1 hour)
5. Work commencing before permit issuance
Any person who commences any work on a building or structure before obtaining the necessary
permits shall be subject to an investigation fee of$125 per hour,which is equal to the average cost of
an inspection.
Exception: A one-time exemption shall apply to homeowners applying for their own permits.
Seismic Surcharge—Structural/Mechanical—review 1%of building permit fee
required on all essential structures
Additional Miscellaneous Fees
1. The fee to a governmental agency shall be determined by the provisions set
forth under ORS 190.003 to 190.110 for the purpose of carrying out the $ 102.82 per hour
respective responsibilities of each agency. or portion thereof
2. Re-inspection fee for structural,electrical, mechanical,and plumbing permits
shall be charged for inspection of violations found by the Building Official after
the second violation. $ 102.82 per hour
3. The fee to any governmental agency or person for specifically requested $ 102.82 per hour
inspections or surveys. or portion thereof
4. Housing moving permit(LOC 45.12.510):
Relocating within Lake Oswego $452
Moving out of Lake Oswego $224
Refunds
1. Permit Refunds
a. Where a permit has been issued and no inspections have been completed,80%of the permit fee will
be refunded.
b. There are no refunds when a permit has been issued and inspections performed or permit has
expired.
2. Plan Review Refund
a. Where a permit has not been issued,80%of the plan review fee will be refunded.
b. There are no refunds when a plan review has been started by any department.
2024 Master Fees and Charges Page 43
Section 10: Engineering
Engineering Division
The following fees shall be charged for the Engineering Division activities of the City:
Minor Utility Facilities, Installed or Constructed by Public18 or Private Entities
Street Opening Permit Fee* Improved Unimproved
surfaces surfaces
1. Minor utility structures,except substations, but including poles, lines,
pipes or other such facilities $300 $ 150
2. Sewer,storm drainage,or water system structures, excluding treatment
plants, reservoirs or pump stations; but including reconstruction of
manholes,valves, hydrants,or other portions of the collection,treatment,
and distribution systems located within public property, right-of-way,or
easements. This includes sewer,storm and water lateral installations or
taps $300 $300
3. Street improvements within existing development, including sidewalks,
curbs,gutter,catch basins, paving,signs, and traffic control devices and
street lights $300 $ 150
4. Permit and inspection of new driveway approach or relocation of an existing approach $50
General Engineering Fees
1. Engineering plan review and — 9% of the final estimated construction costs, as approved by
inspection of public or private the City Engineer or $1,000 whichever is greater. A deposit of
infrastructure,grading,or other $1,000 must be submitted with the initial plan submittal prior
incidental work that is not to review beginning. Fee will include the cost for City to install
reviewed and inspected under any sign or pavement marking installations within the right-of-
State Building Specialty Codes and way,as delineated in Section 8: Public Works Support Services,
delegated to Engineering. unless extenuating circumstances require the City Engineer to
recover the cost of such items for large public improvement
projects. Final payment of the balance of the 9% fee will be
based on final estimated construction costs, and must be
received by the City prior to issuance of the permit for
construction. *Performance bonds may be required for large
projects.
2. Appeal of a staff decision or hearing
body to the next higher authority. $ 100
3. Street vacation $ 1,500
4. Quitclaim $200
5. Blasting Permit $250 application fee plus engineering costs to administer
and observe blasting operations billed at labor and
materials plus overhead billed at 2.4 times direct costs.
6. Document recording to comply with
conditions of development approval
(i.e.,easements, agreements, etc.) Actual County recording costs
18 Quasi-public agencies other than the City and Franchise Utilities.
Page 44 2024 Master Fees and Charges
Section 10: Engineering
Other Engineering Fees
1. Drinking water analysis $ 60
2. Encroachment Permit
Type 1—Minor $300
Easily removable structures,such as fences, driveway,
entrances, monument walls,or timbers, less than 3'tall,or
other non-loadbearing structures.
Type 2—Major $750
Relatively large structures that may need engineering,
such as driveway decking, reinforced concrete structures,
boathouses, decks and hatches over in-lake manholes,or
other structures that are not typically found in rights-of-
way or public easements.
3. Encroachment Appeal $500 per appeal
4. Zone of Benefit Formation, exclusive of LID Boundaries $2,000
5. Rivergrove Sewer Connection Fee 19 $200
6. Lien segregation
One parcel into two $200
Each additional parcel $ 100
7. Street widening $300
8. Street name change $250
9. Change of address request for reasons other than fire and life $500
safety,or as a result of land use procedures.
10. Erosion control permit, plan review and inspection fee20
Dwelling Type:
Single family residential $350
Multi-family/Commercial 500 sf up to 1 acre $ 700
1 acre21 or greater $ 1,500
11. Single-family residential landscaping erosion control
permit, plan review and inspection fee $ 100
12. Site re-inspection fee(after two inspection site visits) $ 100
13. Investigation fees: Work without a permit
Investigation - Whenever any work for which an erosion control permit is required has commenced
without first obtaining said permit, a special investigation shall be made before a permit may be issued
for the work.
Fee-An investigation fee equal in amount and in addition to the permit fee shall be collected whether
or not a permit is issued.
19 Check with engineering department for additional connection fee related to new zone of benefits established for certain
properties.
20 Check with engineering department for additional connection fee related to new zone of benefits established for certain
properties.
21 Effective 1/1/03,impact areas 1 acre and greater will require a 1200-C permit per the Oregon Department of Environmental
Quality(ODEQ).
2024 Master Fees and Charges Page 45
Section 10: Engineering
14. Erosion control enforcement fees:
For violations of LOC Chapter 52 and in addition to penalties prescribed under LOC 52.06, enforcement
fees may also be assessed on a time and materials basis plus overhead billed at 2.4 times direct costs.
15. Illicit Discharge Enforcement Fees:
For violations of LOC Chapter 38(Utility Code)and in addition to penalties prescribed under LOC
38.26.930 and LOC 38.26.935, enforcement fees may also be assessed on a time and materials basis plus
overhead billed at 2.4 times direct costs.
Page 46 2024 Master Fees and Charges
Section 11: Planning
Planning Division
The following fees shall be charged for the Planning Division activities of the City(LOC 50.07.003.2):
Ministerial Developments (LOC 50.07.003.13)22,23
1. Accessory building which requires a building permit(e.g.,garage, No Fee
carport)
2. Accessory structure or use(e.g.,driveway,fence) No Fee
3. Duplex No Fee
4. Exterior remodeling of duplex or single-family dwelling requiring a No Fee
building permit
5. Home Occupations Business License
6. Lot Line Adjustment $2,181
Process to correct an illegal Lot Line Adjustment $2,181
7. Temporary Structures, Use Business License&Sign Permit, if
applicable
8. Sidewalk Display $ 37
9. Accessory dwelling unit No Fee
Minor Developments (LOC 50.07.003.14),24
1. Change of use $4,628
2. Development in DD Zone:
Duplex in R-DD zone (hearing body action) $6,507
Exterior remodeling of duplex or single-family dwelling
requiring a building permit in R-DD Zone(hearing body action) $6,507
Single-Family Dwelling in R-DD Zone(hearing body action) $6,507
Zero lot line dwelling in R-DD Zone(hearing body action) $6,507
3. Development within the Greenway Management Overlay District
Boundary' $4,912
4. Development Review:
Multi-family, Commercial, Industrial, Institutional, $6,507+37%of building permit fee.
Townhouses
Substantial revisions to a complete application requiring 33%of the original application fee
new public notice
5. Alterations with minimal impacts such as exterior exit stairs;
exterior remodeling that does not expand building footprint or
increase height; and accessory structures 300 square feet or less $2,156
6. Exterior painting of any structure that was the subject of a Major
or Minor Development Permit including all structures in the R-DD
zone,with the exception of detached single-family dwellings,
duplexes,zero lot line dwellings,or structures accessory to those
dwelling types.
Exception: Exterior painting that is the same color palette as $ 1,053
the existing color(s).
7. Lot Line Adjustment $2,181
22 See page 51 for Affordable Housing.
23 Site review and inspection fees may apply at building permit review.See page 51 under Other Planning Fees.
24 See page 49 Historical Preservation.
25 No fee applies for the Greenway Management Overlay review associated with dead,hazardous,emergency,or invasive tree
removal.
2024 Master Fees and Charges Page 47
Section 11: Planning
8. Minor Partition $5,358
Expedited Minor Partition $8,470
Process to correct creation of an illegal lot $3,891
9. Major Partition (includes the creation of a street) $6,140+$305/lot
Expedited Major Partition $9,384+$305/lot
Process to correct creation of an illegal lot $3,891
10. Modification of approved minor development permits
Without public hearing $2,181
With public hearing $3,891
11. Request for formal Code interpretation under LOC 50.01.005 and
Authorization for Similar Use Application under LOC 50.03.002 $ 741
12. Residential Infill Design (RID)Variance $4,911 for 1st plus$631 for each
additional variance
13. Subdivision (with or without P.D.) $ 7,016+$305/lot
Expedited Subdivisions $ 13,100+$305/lot
14. Middle Housing Land Divisions $ 5,358
15. Minor Variances $ 4,260 for 1st+$467 for each
additional variance
Fence and Wall Variance $ 1,797 for 1st+$196 for each
additional variance
16. Major Variance $ 4,911for 1st+$631 for each
additional variance
17. Seasonal Restaurant Enclosure $ 2,156
Seasonal Restaurant Enclosure(During State of Oregon Emergency $0
Covid-19 Restrictions)
Sign Code Fees (LOC 47)
Signs $ 547
Signs(awning,window, blade) $ 150
Special event sign $ 23
Variance to Sign Code $ 1,797
Refundable deposit for Public Notice Signs $ 113
Comprehensive Plan and Community Development Code Amendments
1. Legislative amendments to a map
Comprehensive Plan amendments only $ 14,261
Comprehensive Plan amendments and Zone Change $ 14,261
Zone Change only $ 14,261
2. Legislative amendments to a text
Comprehensive Plan text amendment $ 7,133
Community Development Code text amendment $ 7,133
3. Quasi-judicial amendments to a map
Comprehensive Plan amendments only $ 14,261
Zone change only26 $ 14,261
Comprehensive Plan amendments and Zone Change $ 14,261
Minor modifications to approved amendment $ 1,909
Substantial modifications to approved amendments $ 2,455
26 Not required for zone changes that conform to the Comprehensive Plan following annexations.
Page 48 2024 Master Fees and Charges
Section 11: Planning
Major Developments (LOC 50.07.003.15)27
1. Conditional Uses $6,999
2. Overall Development Plan and Schedule $6,507
3. Modification of approved major development permits
Without public hearing 2,181
With public hearing $3,891
Sensitive Lands Overlay Districts (LOC 50.05.010 and LOC 50.07.004.8)
There are no fees for actions relating to Sensitive Lands Overlay Districts(Council action 10/21/14).
Fees Relating to Historical Preservation (LOC 50.06.009 and LOC 50.07.004.4)
1. Designation of Landmark No fee
2. Exterior alteration of Landmark, including building paint color change No fee
3. Historic District Designation No fee
4. New construction (not attached to historic structure;e.g.,detached No fee
garage,secondary dwelling,garden shed)
5. Removal or deconstruction of Landmark $5,426
6. Withdrawal of historic landmark designation $5,426
Appeals28
1. Appeals of a formal Code Interpretation to a Hearing Body $ 773
2. Appeals of a staff decision to a Hearing Body $ 773
3. Appeals of a Hearing Body decision to City Council 1/2 original Application Fee not to
exceed $6,883
Pre-Application Conference/Consultations29
1. Pre-application Conference:3°
Residential Infill Design Review:
Pre-application with Planning Staff $ 467
Pre-application with the Infill Advisors Team $2,502
All other applications $ 467
2. Pre-application Consultation:
One follow-up meeting with staff to discuss issues addressed at the No fee
pre-application conference.
For any meetings after the follow-up (3rd meeting on) 50%of pre-application fee
3. Consultation Fee
A private meeting to discuss a project outside the context of a
pre-application conference or at-the-counter services by a planner $ 117/hour
27 Site review and inspection fees may apply at building permit review.See page 51 under Other Planning Fees.
28 Appeal fee shall not apply to appeals filed by DLCD or to appeals filed by recognized Neighborhood Association entitled to
receive notice of a pre-application neighborhood meeting pursuant to LOC 50.07.003.1.f.iii(1)(a)and(b).
29 In addition to planning fees noted in this sub-section,the Fire Department also levies a pre-application fee. Please refer to
Fire Department,Section 3 for the correct amount.
3o There is no pre-application conference fee for a permit for an ADU,actions relating to Sensitive Lands,Greenway
Management Overlay review associated with dead,hazardous,emergency,or invasive tree removal,or designation of Historic
Landmark.
2024 Master Fees and Charges Page 49
Section 11: Planning
Research Fees
1. Letter of zoning verification $ 117/hour
2. Letter of verification of compliance with Community Development Code
of an existing development $ 180/hour
3. Deed research to determine the legality of a lot of record $ 180/hour
4. Research/Interpretation of old planning files and informal Code
Interpretation (often requested by the applicants before filing of a
development application) $ 117/hour
Tree Code Fees (Resolution 00-07)
1. Tree Cutting Permit Fees
Type I Permit $ 24
Dead or Hazard Tree Permit $ 24
Type II Permit $ 194+$24 per tree
Emergency Tree Permit $ 0
Type II Permit in conjunction with major or minor development
application $ 0
Minor Forest Management $ 24
Major Forest Management $ 194+$24 per tree, not to
exceed $661
Verification Permit $ 38+$ 10 per tree
Topping Permit $ 24 per request
2. Mitigation [as provided in LOC 55.02.084(3)] $ 168
3. Public Hearing Review31
Request for DRC Hearing on Tree Cutting Permit $ 240
Appeal of DRC's decision to City Council 'A of original application fee
4. Heritage Tree Program
The City may charge for providing the plaque marking a heritage tree.
The fee will be the actual cost of providing the plaque.
5. Tree Protection Inspection Fee $ 117 per inspection
6. County Tree Removal Certification
Type 2 Permits $ 123+$ 11 for each
additional tree
Over-the-Counter Permits —Type 1 $ 24
Over-the-Counter Permits —Dead $ 24
Over-the-Counter Permits —Hazard $ 24
Invasive and/or Emergency tree removal permits No Fee
31 Fee shall not apply to requests/appeals filed by City of Lake Oswego recognized Neighborhood Associations.
Page 50 2024 Master Fees and Charges
Section 11: Planning
Fee Exemptions for Affordable Housing
No Ministerial Development, Minor Development, Major Development,Sign Code, Historic Preservation,Tree
Code(for tree removal and mitigation for development of the structure)or Pre-application Conference fees will be
charged under this Section 11 for developments where the proposed dwelling units are affordable to those earning
80%or less of Area Median Income and spending not more than 30%of household income on housing,consistent
with Clackamas County Housing Authority's"Income Limits"for Affordable Housing, provided that all of the
requirements of the covenant required by LOC 39.06.105(5)are met.
Other Planning Fees (Resolution 04-12)
1. Annexation Application Fee32
Parcel less than 3 times minimum lot area for the zone
designation that will apply upon annexation. $0+Applicable Metro Fees
Parcel 3 times or greater than the minimum lot area for the $ 1,010 per no. of lots into which
zone designation that will apply upon annexation. the parcel could be divided under
the zone designation that will
apply upon annexation+Metro
fees
Parcel for which there is no minimum lot area for the zone
designation that will apply upon annexation. $2,021+Applicable Metro Fees
Expenses related to additional noticing caused by delays
brought on by the applicant(s). $ 291
2. Copies of Planning Documents
See Section 1, Public Records Fees, page 19.
3. Site review and inspection fees
a. Single family dwelling or middle housing on infill lots(i.e., lots
or parcels not approved as part of a land partition/subdivision) $ 269
b. Single family dwelling or middle housing approved as a part of
a land partition/subdivision/planned development application $ 678
c. Non-single family residential development, including multi-
family,commercial, industrial,and institutional uses $ 1,353
d. Re-inspection fee $ 142
e. Residential remodels
Interior remodels and accessory structures $ 149
Exterior addition of no more than 500 sq ft $ 199
Exterior addition exceeding 500 sq ft(same fee as if new
construction) See a.—c.above
32 See Annexation Application Form.
2024 Master Fees and Charges Page 51
Section 11: Planning
4. Plat Review Fee
a. Final Plat Review Fee $ 565
b. Lot Line Adjustment Plat Review Fee $ 58
5. Ballot Measure 49 Claims
Fees for claims under LOC Article 12.55 (Resolution 05-31)
Pre-filing conference fee $ 433
Filing fee $ 1,484
6. Application Mailing List Fee $ 83
7. Records Retention Fees-For purposes of archiving records per
State mandate
a. Ministerial land use applications $ 46
b. Minor land use applications(without public hearing) $ 76
c. Minor land use applications(with public hearing)and major $ 159
land use applications
d. Type II and verification tree removal permits $ 29
e. Sign permits $ 29
8. Demolition (Notice of Demolition Approval) $ 63
9. Additional Plan Review Fee for Issued Building $ 117/hour
Permits(minimum 1 hour)
Code Enforcement Violation Fees
1. Nuisance violation LOC 34.08&34.10 $ 570
2. Community Development violation LOC Chapter 50 $ 570
3. Sign violation LOC Chapter 47 $ 570
4. Sign Retrieval violation-Moving from Sign Code Fees(LOC 47) $ 37
5. Sign Removal Hearing Fee(refundable if sign was removed improperly) $ 37
6. Tree Enforcement Fees-For violations under LOC 55.02.130(3),enforcement fees will be assessed as follows:
Type I Permits violations,dead or hazard tree violations $ 153
All other Permit Type violations $ 738+$49 per tree
Tree Protection Enforcement fee for violations under LOC 55.08.050(3)
Standard tree protection enforcement fee $ 716
Enhanced tree protection enforcement fee $ 1,432
7. Tree Restoration Fees [as provided in LOC 55.02.130(4)(a)&(b)]
Standard City Tree Fund Fee $ 103 per caliper inch
Increased City Tree Fund Fee $ 209 per caliper inch
Page 52 2024 Master Fees and Charges
Section 12: Systems Development Charges
Systems Development Charges
Fees shall be assessed for Systems Development Charges(SDC)and will reflect the following:
• For each type of SDC,the fees assessed to each unit of a duplex shall be the same as those assessed to a
single-family residence.
• For an Accessory Dwelling Unit(ADU)each type of SDC will be waived, even if a larger meter is required to
accommodate an ADU, provided that the ADU complies with all the requirements of the covenant
required by LOC 39.06.105(5) as amended by Ordinance 2810.
If within 10 years from the first use of the ADU as a dwelling unit,the requirements of this covenant
are not maintained,the City may declare the ADU exemption from payment of all System
Development Charges(SDCs) revoked and the Owner shall immediately pay to the City the monies
due under LOC 39.06.105(5),to wit:
Processing fee per Council Resolution;and
■ SDC amounts for ADU per Lake Oswego Master Fees and Charges at time of payment
(previously exempted system development charges, with interest based upon inflation rate
using the Engineering News—Record Construction Cost Index 20-City Average, are reflected
in the SDC amounts then due).
■ Processing fee$500
• Pursuant to and following the procedure set forth in LOC 39.06.105(5)(f)(iii), (iv), (v),the processing fee
and SDC amounts shall be a lien upon the Real Property,entered in the municipal lien docket,and are
enforceable in the manner provided by ORS Ch. 223. Exempt from SDCs are developments where the
proposed dwelling units are affordable to those earning 80%or less of Area Median Income and spending
not more than 30%of household income on housing,consistent with Clackamas County Housing
Authority's"Income Limits"for Affordable Housing, provided that the development complies with all of
the requirements of the covenant required by LOC 39.06.105(5).
• The rate for Hotel/Transient Lodging includes Short-Term Rentals(Transient Lodging in residential zones).
These SDC's shall be indexed for inflation annually using the Engineering News—Record Construction Cost Index
(20-city average). Accordingly,as of January 1, 2024,the SDC fees have been increased by 2.5%which is equal to
the last recorded change in this index as based on October 2022 to October 2023 data. Calculated amount is
rounded to the nearest dollar.
2024 Master Fees and Charges Page 53
Section 12: Systems Development Charges
Systems Development Charges (LOC 39.04)
Water SDC
Reimbursement Improvement Administrative Total
Water Meter Size Fee 14.79% Fee 78.72% Fee 6.49% 100%
5/8-3/4 inch $ 1,451 $ 7,722 $ 637 $ 9,810
3/4 inch $ 1,451 $ 7,722 $ 637 $ 9,810
1 inch $ 2,418 $ 12,870 $ 1,061 $ 16,349
1 1/2 inch $ 4,836 $ 25,742 $ 2,123 $ 32,701
2 inch $ 7,747 $ 41,230 $ 3,399 $ 52,376
3 inch $ 15,511 $ 82,560 $ 6,806 $ 104,877
4 inch $ 24,258 $ 129,112 $ 10,645 $ 164,013
6 inch $ 48,554 $ 258,428 $ 21,306 $ 328,288
8 inch $ 77,735 $ 413,747 $ 34,111 $ 525,593
10 inch $ 111,850 $ 595,317 $ 49,081 $ 756,248
Sewer SDC
Reimbursement Improvement Total
Water Meter Size Fee 22.16% Fee 77.84% 100%
5/8-3/4 inch $ 791 $ 2,780 $ 3,571
3/4 inch $ 791 $ 2,780 $ 3,571
1 inch $ 1,319 $ 4,635 $ 5,954
1 1/2 inch $ 2,638 $ 9,269 $ 11,907
2 inch $ 5,278 $ 18,536 $ 23,814
3 inch $ 12,666 $ 44,494 $ 57,160
4 inch $ 22,168 $ 77,866 $ 100,034
6 inch $ 48,557 $ 170,561 $ 219,118
8 inch $ 84,447 $296,630 $ 381,077
10 inch $ 131,946 $ 463,480 $ 595,426
Stormwater Management SDC
Reimbursement Improvement Total
Fee 0% Fee 100% 100%
Single family $0 $ 195 $ 195
Multi-family,commercial/industrial, institutional,and other land use fees are determined as follows:
Improvement Fee equals the total impervious area of the property in units of 3,030 square feet or
portion thereof multiplied by the fee.
Page 54 2024 Master Fees and Charges
Section 12: Systems Development Charges
Transportation SDC
Refer to methodology and rate schedule in the Appendix
Parks&Recreation SDC
Reimbursement Improvement Total
Fee 0% Fee 100% 100%
Residential
Single family $0 $ 16,979 $ 16,979
Multi-family/secondary dwellings $0 $ 9,444 $ 9,444
"Congregate Housing" units are charged at 50%of the Multi-family rate*.
Non-residential $0 $ 1,092 $ 1,092
per employee
"Residential Care Housing" units are charged at 100%of the Non-residential rate*.
*See Appendix for definitions of Congregate Housing and Residential Care Housing.
2024 Master Fees and Charges Page 55
Section 12: Systems Development Charges
Comparison of Neighboring Cities' New Single-Family Systems Development Charges
Based on a 2,000 sq.ft. house with 500 sq.ft.garage, and $200,000 value.
60,000
50,934 51,062
49,300
50,000
45,190
43,063 43,253
40,000 - : .74 40,024
34,402
30,000
27,418
20,000
14,092
10,000
Milwaukie Gresham Tigard Tualatin Oregon City Hillsboro Portland Beaverton Wilsonville Lake Oswego Sherwood
•Water SDC 2,297 5,603 5,973 8,290 11,035 14,862 4,563 10,329 12,401 9,571 10,544
•Sewer SDC 1,114 7,451 6,825 6,825 2,962 6,824 10,237 6,824 6,929 i 3,484 7,795
•Stormwater SDC 1,086 1,420 660 660 1,182 660 1,543 1,394 2,327 190 660
•Street SDC 2,470 4,847 8,374 10,599 13,886 10,599 5,882 10,599 16,823 17,984 12,718
•Park SDC 3,985 4,957 9,430 9,160 7,819 6,978 17,887 12,904 7,680 16,565 16,204
•METRO Excise Tax 240 240 240 240 240 240 240 240 240 240 240
•School Excise Tax 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900
Page 56 2024 Master Fees and Charges
Section 12: Systems Development Charges
Comparison of Neighboring Cities' New Commercial Systems Development Charges
Based on a 30,000 sq.ft. commercial office building,a total 50,000 sq.ft impervious area,and $3,200,000 value.
700,000 - -
632,982
600,000 -
557,146 561,243 574,461
495,638 507,818
500,000 -
432,062
400,000 382,176 384.495
302,026
300,000
251,44
230,583
200,000
100,000
Milwaukie Gresham Lake est Linn Portland Beaverton Tualatin Tigard Sherwood Wilsonville Hillsboro Oregon City
Oswego
■Water SDC 7,666 22,402 31,903 106,565 22,814 51,643 41,448 47,774 47,719 61,119 68,286 55,174
■Sewer SDC 75,350 29,788 11,617 94,928 54,600 27,296 27,300 27,300 31,180 19,404 27,296 23,696
■Stormwater SDC 12,040 28,400 3,135 29,873 15,975 23,712 12,500 12,500 12,500 43,500 12,500 12,127
■Street SDC 105,222 145,410 143,580 125,370 182,400 251,430 333,750 333,750 390,108 388,920 333,750 490,895
•Park SDC 4,865 - 86,351 - 83,266 52,541 55,200 61,054 50,200 22,860 107,189 25,650
•METRO Excise Tax 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840 3,840
•School Excise Tax 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600 21,600
2024 Master Fees and Charges Page 57
Appendix
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Page 58 2024 Master Fees and Charges
Systems Development Charges Methodologies (LOC 39.04.041)
Water Systems Development Charge Methodology 60
Sewer Systems Development Charge Methodology 62
Stormwater Systems Development Charge Methodology 63
Transportation Systems Development Charge Methodology 64
Parks and Recreation Systems Development Charge Fee Methodology 65
Resolution
Resolution 23-25—Updating the Master Fees and Charges Schedule 69
2024 Master Fees and Charges Page 59
Appendix
Water Systems Development Charge Methodology
Reimbursement Fee
[A] Eligible cost of unused capacity in the existing water system.
[B] Current(2009)customer base expressed as 3/4" meter equivalents.
[C] Future customer base expressed as 3/4" meter equivalents.
[C][A][B] _ [D] Water SDC Reimbursement Fee
Reimbursement Fee Calculation
[A] _ $6,148,588
[B] = 15,204 MEs
[C] = 21,695 MEs
[A] _ [D] $947
[C]—[B]
Page 60 2024 Master Fees and Charges
Appendix
Improvement Fee
[E] Cost in current(2009)dollars of water system capital improvements that
will increase system capacity to meet the needs of future users.
[B] Current(2009)customer base expressed as 3/4" meter equivalents.
[C] Future customer base expressed as 3/4" meter equivalents.
[C][E]IB] _ [F] Water SDC Improvement Fee
Improvement Fee Calculation
[E] _ $32,714,947
[B] = 15,204 MEs
[C] = 21,695 MEs
[E] _ [F] $5,041
[C]—[B]
Water System Development Charge
[D] Water SDC Reimbursement Fee
[F] Water SDC Improvement Fee
[G] Water SDC Administrative Fee
[H] Water System Development Charge
[D] +[F] +[G] = [H]
2024 Master Fees and Charges Page 61
Appendix
Sewer Systems Development Charge Methodology
Sewer SDC Fee
[M] Value of the sewer collection system capital improvement program to provide capacity to serve new
customers.
[N] Value of the sewer wastewater treatment plant capital improvement program to provide capacity to
serve new customers.
[0] Current dry weather demand.
[P] Future dry weather demand.
[Q] Future WWTP capacity dedicated to Lake Oswego.
[R] Average single family home dry weather demand.
[P]—[°]x[M]x[R]=[S] Portion of fee for collection system capital improvements to provide
[P] [P] capacity to serve new customers.
[P] [N] x[R]=[7.] Portion of fee for wastewater treatment plant capital improvements to
[Q] [P]—[O] provide capacity to serve new customers.
[S]+[T]_[U] Sewer Fee.
Sewer SDC Fee Calculation
[M] = $ 19,351,000 [P]—[°]x[M]x[R]=[S] $244
[P] [P]
[N] = $ 11,499,000 [P]x [N] x[R]=[T] $ 1,186
[Q] [P]—[°]
[0] = 3.9 mgd
[P] = 5.69 mgd
[Q] = 7.025 mgd
[R] = 0.000228 mgd [S]+[T]=[U] $ 1,430
Sewer System Development Charge
[U] * 22.16%= [V] Sewer SDC Reimbursement Fee
[U] * 77.84%= [W] Sewer SDC Improvement Fee
[X] Sewer System Development Charge
[V] + [W] = [X]
Page 62 2024 Master Fees and Charges
Appendix
Stormwater Systems Development Charge Methodology
Improvement Fee—Water Quantity Portion
[A] Portion of the Stormwater quantity management capital improvement program attributable to future
development. Determined on a project-by-project basis and equal to the percentage increase in the
design flow of each project in the Stormwater quantity management capital improvement multiplied by
project cost.
[B] Projected increase in Equivalent Service Units(ESUs). One ESU is equal to 3,030 square feet of impervious
area.Total projected increase in ESUs is determined by dividing the total projected increase in impervious
area of the City of Lake Oswego by 3,030.
[A]/[B] = [C] Improvement Fee—quantity portion, per ESU.
Improvement Fee—Quality Portion
[D] Portion of the stormwater quality management capital improvement program attributable to future
development. Equal to the percentage increase in total runoff multiplied by the total cost of the
stormwater quality management capital improvement program.
[D]/[B] = [E] Improvement Fee—quality portion, per ESU.
Improvement Fee Calculation
[C] + [E] = [F] Stormwater improvement fee.
Stormwater Management System Development Charge
Only includes an Improvement Fee-No Reimbursement Fee.
2024 Master Fees and Charges Page 63
Appendix
Transportation Systems Development Charges Rate Tables
Transportation SDC
Maximum
Allowable Approved
SDC Rate SDC Rate
ITE per Unit33 per Unit
Code Land Use Unit[A] [B] [C=B x.30134
110 General Light Industrial 1,000 SFGFA $10,273 $ 3,082
130 Industrial Park 1,000 SFGFA 10,417 3,125
140 Manufacturing 1,000 SFGFA 5,912 1,774
151 Mini-Warehouse 1,000 SFGFA 4,631 1,389
160 Data Center 1,000 SFGFA 1,933 580
Single-Family Detached
210 Housing/Duplex Dwelling unit 18,434 18,434
220 Apartment/ADU Dwelling unit 12,683 3,805
Residential 11,028 3,308
230 Condominium/Townhouse Dwelling unit
240 Mobile Home Park ODU 9,563 2,869
254 Assisted Living Bed 5,001 1,500
310 Hotel/Transient Lodging Room/Unit 15,328 4,598
320 Motel Room 10,985 3,296
411 City Park Acre 11,968 3,590
417 Regional Park Acre 9,740 2,922
430 Golf Course Acre 10,286 3,086
492 Health/Fitness Club 1,000 SFGFA 59,166 17,750
Recreational Community 1,000 SFGFA 53,465 16,040
495 Center
520 Elementary School 1,000 SFGFA 13,901 4,170
Middle School/Junior High 1,000 SFGFA 12,416 3,725
522 School
530 High School 1,000 SFGFA 11,613 3,484
540 Junior/Community College 1,000 SFGFA 41,784 12,535
560 Church 1,000 SFGFA 25,798 7,739
565 Day Care Center 1,000 SFGFA 35,172 10,552
590 Library 1,000 SFGFA 98,467 29,540
610 Hospital 1,000 SFGFA 23,746 7,124
620 Nursing Home 1,000 SFGFA 14,071 4,221
710 General Office Building 1,000 SFGFA 16,352 4,906
Medical-Dental Office 1,000 SFGFA 53,287 15,986
720 Building
State Motor Vehicles 1,000 SFGFA 235,909 70,773
731 Department
1,000 SFGFA 172,397 51,719
732 United States Post Office
750 Office Park
1,000 SFGFA 16,587 4,976
760 Research and 1,000 SFGFA 12,144 3,643
Development Center
770 Business Park
1,000 SFGFA 18,411 5,523
812 Building Materials and 1,000 SFGFA 84,157 25,247
Lumber Store
33 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average,per Resolution 17-08.
34 The 30%factor for the approved SDC Rate per Unit applies to all codes except ITE Code 210.Maximum Allowable was
phased-in for ITE Code 210(Single-Family Detached Housing/Duplex),per Resolution 17-65.
Page 64 2024 Master Fees and Charges
Appendix
Transportation SDC
Maximum
Allowable Approved
SDC Rate SDC Rate
ITE per Unit35 per Unit
Code Land Use Unit[A] [B] [C=B x.30]
Free-Standing Discount 1,000 SFGFA 75,052 22,516
813 Superstore
814 Variety Store 1,000 SFGFA 59,659 17,898
Free-Standing Discount 1,000 SFGFA 55,057 16,517
815 Store
816 Hardware/Paint Store 1,000 SFGFA 50,564 15,169
817 Nursery(Garden Center) 1,000 SFGFA 161,680 48,504
820 Shopping Center 1,000 SFGLA 40,352 12,106
826 Specialty Retail Center 1,000 SFGLA 79,186 23,756
841 Automobile Sales 1,000 SFGFA 57,106 17,132
843 Automobile Parts Sales 1,000 SFGFA 53,153 15,946
848 Tire Store 1,000 SFGFA 33,323 9,997
850 Supermarket 1,000 SFGFA 92,379 27,714
Convenience Market 1,000 SFGFA 481,587 144,476
851 (Open 24 Hours)
857 Discount Club 1,000 SFGFA 82,627 24,788
Home Improvement 1,000 SFGFA 32,651 9,795
862 Superstore
Pharmacy/Drugstore 1,000 SFGFA 22,318
880 without Drive-Through 74,392
Pharmacy/Drugstore with 1,000 SFGFA 71,857 21,557
881 Drive-Through
890 Furniture Store 1,000 SFGFA 3,566 1,070
912 Drive-in Bank 1,000 SFGFA 65,447 19,634
931 Quality Restaurant 1,000 SFGFA 73,011 21,903
932 High-Turnover(Sit-Down)
1,000 SFGFA 102,600 30,780
Restaurant
934 Fast-Food Restaurant with
Drive-Through 1,000 SFGFA 427,475 128,243
937 Coffee/Donut Shop with
Drive-Through 1,000 SFGFA 653,998 196,199
938 Coffee/Donut Kiosk 1,000 SFGFA 597,093 179,128
944 Gasoline/Service Station VFP 115,118 34,535
945 Gasoline/Service Station
with Convenience Market VFP 40,587 12,176
946 Gasoline/Service Station
with Car Wash VFP 71,245 21,374
Source:ITE Trip Generation Manual,9th Edition,compiled by FCS GROUP
Abbreviations: SFGFA-square feet of gross floor area ODU-occupied dwelling unit VFP-vehicle fueling position
35 Indexed annually by the Engineering News Record Construction Cost Index(CCI)for 20-City Average,per Resolution 17-08.
2024 Master Fees and Charges Page 65
Appendix
Parks and Recreation Systems Development Charge Fee Methodology
Residential Development
a. An applicant for a building permit should complete a Lake Oswego Parks System Development
Charges Application and SDC Calculation Worksheet indicating the type and number of new Dwelling
Units to be included in the project.
b. The Building Department enters the SDC rates per dwelling on the application form and calculates the
SDCs to be paid by the Applicant.
SDC Improvement Fee*
Type of Dwelling Unit per Dwelling Unit
Single Family Dwelling Unit $ 16,979
Multi-Family Dwelling Unit $ 9,444
II. Non-Residential Development
a. An applicant for a building permit should complete a Lake Oswego Parks System Development
Charges Application and SDC Calculation Worksheet indicating the type and number of square feet of
building space for each non-residential use to be included in the project. Guidelines for the number
of square feet required for each employee are included in the table on the following page for major
Standard Industry Classifications. Where a proposed use does not specifically match one of the
classifications listed in the table,the listed classification which most closely matches the proposed
use,as determined by the City Manager, may be substituted.
b. The Building Department calculates the non-residential SDC Improvement Fee by:
i. Dividing the building space(square feet)for each non-residential use in the development by
the number of square feet per employee (from the guidelines in the Square Feet Per
Employee table),and
ii. Multiplying the result(from step 1) by the SDC rate Per New Employee($ 1,033 as of January
1, 2023).Any proposed use which constitutes 10%or less of the total building space should
be considered an ancillary use and does not require a separate calculation; however,the
building space for such uses must be included in the total for other non-residential uses.
*Rates are based on Improvement Fee only(no Reimbursement Fee).
Page 66 2024 Master Fees and Charges
Appendix
III. Senior and Affordable Housing Definitions(Per Resolution 08-42):
a. "Congregate Housing" is defined as"multi-unit housing with self-contained apartments that contain
cooking facilities which support independent lifestyles for those that have life-function disabilities
due to age, medical,or mental condition,which do not require residential care or skilled nursing
services. Congregate housing provides varying levels of support services,such as meals, laundry,
housekeeping,transportation,and social, recreation,cultural and education activities. The full range
of services normally associated with residential care facility,are not provided in association with
congregate housing." (Section 50.02.005 Definitions,City Code)
Rate Provision: Charged at 50%of the Multi-Family residential rate.
b. "Residential Care Housing" is considered to be non-residential in nature and is defined as a facility
that houses and provides services for 6 or more persons who may have a range of physical and
mental health problems, including chronic and debilitating conditions requiring assistance with daily
activities. This term is synonymous with other terms such as"assisted living facilities"and "adult care
housing" used to describe housing which provides the range of services described below. Living units
within residential care housing do not have cooking facilities. A range of services is provided
including staff supervised meals, housekeeping and personal care medication supervision, recreation,
cultural,social activities and transportation. Residential care housing facilities may include housing
for persons needing intermediate care. These are persons who do not require around-the-clock
nursing, but who do need preventative care,therapies at levels less than continuous licensed nursing
care or observation. Intermediate care emphasizes personal,social and emotional/mental health
care, but involves the availability of 24 hour service with physicians and nurses in supervisory roles.
Skilled nursing services, including convalescent care, may be provided as an accessory and
subordinate use in conjunction with residential care facilities. (Section 50.02.005 Definitions,City
Code).
Rate Provision: Charged at 50%of the Non-Residential rate.
2024 Master Fees and Charges Page 67
Appendix
SQUARE FEET PER EMPLOYEE
(Recommended guidelines from Metro Employment Density Study)
Mr Standard Industry Square Feet Standard Industry Square Feet
Classification (SIC)* Per Employee Classification (SIC)* Per Employee
1-19 590 37 700
Agriculture., Fish & Forest Services; Transportation Equipment
Construction; Mining
20 630 40-42,44,45,47 3,290
Food & Kindred Products Transportation and Warehousing
22,23 930 43,46,48,49 460
Textile&Apparel Communications and Public
Utilities
24 640 50,51 1,390
Lumber&Wood Wholesale Trade
25,32,39 760 52-59 470
Furniture; Clay,Stone, &Glass; Misc. Retail Trade
26 1,600 60—68 370
Paper and Allied Finance, Insurance&Real Estate
27 450 70—79 770
Printing, Publishing&Allied Non-Health Services
28—31 720 80 350
Chemicals, Petroleum, Rubber, Leather Health Services
33,34 420 81-89 740
Primary& Fabricated Metals Educational,Social, Membership
Services
35 300 90—99 540
Machinery Equipment Government
36,38 400
Electrical Machinery, Equipment
* Source: U.S. Department of Commerce Standard Industrial Classification Manual
IV. Modification, Expansion,or Redevelopment
If the development is a modification or expansion of an existing structure,or redevelopment of a property
from a previous use,the SDC amount is based on the net increase in the number of Dwelling Units and/or
employees,calculated as follows:
a. Calculate an SDC on the development as though the entire development was subject to the SDC;
b. Calculate an SDC on the existing development, before modification, expansion, or
redevelopment,as though the existing development was subject to the SDC;
c. Calculate the net SDC amount by subtracting the result of Step b from the result of Step a; if the
result is zero or less than zero, no SDC is due.
Page 68 2024 Master Fees and Charges
Appendix
Master Fees and Charges Resolution
RESOLUTION 23-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO REVISING FEES AND
CHARGES AND UPDATING THE LAKE OSWEGO MASTER FEES AND CHARGES SCHEDULE
WHEREAS, the City has adopted from time to time various fees and charges for services;
and
WHEREAS,the City has found it necessary to add, revise, or delete various fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The revisions to fees and charges shown in Exhibit A are hereby adopted
effective January 1, 2024, except where noted otherwise.
Section 2. The revision to fees and charges shall be incorporated into the City's Master
Fees and Charges schedule.
Section 3. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake
Oswego on the 5th day of December, 2023.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
2024 Master Fees and Charges Page 69
8.1
D�t'p` E � COUNCIL REPORT
r 11 o
OREGO�
Subject: Ordinance 2928, Psilocybin time, place and manner regulations, LU 23-0001
Meeting Date: December 5, 2023 Staff Member: Jessica Numanoglu, Director
Report Date: November 22, 2023 Department: Community Development
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑X Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation based on Council discussion on October 17, 2023:
Adopt Ord. 2928 (Exhibit A-1.2), which establishes time, place, and manner (TPM)
regulations for psilocybin facilities, and leave in place Ord. 2903, which prohibits the Oregon
Health Authority (OHA) from licensing psilocybin facilities in Lake Oswego and automatically
refers the matter to the voters at the November 2024 election.
The effect of this option would be to retain the temporary prohibition of psilocybin facilities
in the City and let the voters decide at the November 2024 election if the prohibition should
be repealed. If Ord. 2903 is repealed by voters, City TPM regulations would be in effect and
would apply in addition to State statute and OHA rules.
Recommended Language for Motion: Move to enact Ordinance 2928 and adopt findings.
Project/ Issue Relates To: City Council enacted Ordinance 2903 in December 2022,
temporarily prohibiting psilocybin facilities in the City. Council also directed the Planning
Commission and staff to develop local TPM restrictions that go beyond those in statute or
administrative rule (Oregon Health Authority rules; OAR Division 333-333).
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
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ISSUE BEFORE COUNCIL
Consider adoption of Ordinance 2928, the Psilocybin TPM regulations recommended by the
Planning Commission, with certain provisions removed as directed by the Council at its
October 17 meeting. If Council approves Ordinance 2928 and does not repeal Ordinance
2903—the temporary prohibition on psilocybin facilities—the question of whether to repeal the
temporary prohibition will be included on the ballot at the November 5, 2024 election1.
EXECUTIVE SUMMARY
The proposed text amendments to the Lake Oswego Community Development Code (CDC) (LOC
Chapter 50) are for the purpose of regulating psilocybin facilities, which are currently not
addressed in the Code. If adopted, the regulations would be in addition to those already
imposed by state law and OHA rules. ORS 475A.530 authorizes cities to impose certain types of
"reasonable regulations" for psilocybin facilities beyond those imposed by state law.
The Planning Commission ("Commission") recommendation to the Council was the adoption of
two ordinances establishing TPM restrictions: one to address land use impacts (Ord. 2928), and
one to address non-land use operating procedures that are related to public safety generally
(Ord. 2933). The Council considered the recommendation at a public hearing in July 2023, and
tentatively voted to approve the Commission's recommendation. The Council also voted to
direct staff to prepare an ordinance repealing Ordinance 2903, the temporary prohibition on
psilocybin facilities in the City.
Prior to scheduling a final vote on the July 2023 package of ordinances, the Mayor consulted
with the full Council on October 17. At that meeting, Council unanimously approved a motion
directing staff to bring forward an alternative to the ordinance package tentatively approved by
the Council on July 18.The motion directed staff to prepare revisions to Ord. 2928 for
consideration at its December 5 meeting. The Council also directed staff to not bring forth an
ordinance repealing Ord. 2903.2
Ordinance 2928, with revisions, is included as Exhibit A-1.2.
BACKGROUND
Measure 1093, approved by voters in 2020, legalized and regulated the manufacture, sale and
administration of psilocybin in Oregon. OHA began taking license applications on January 2,
2023; however, cities are permitted to opt-out of licenses being issued for manufacturers and
service centers, subject to the requirement that any local ordinance banning psilocybin facilities
is referred to the voters at the next general statewide election.
1 Per Measure 109/ORS Ch.475A.718(2), before local TPM regulations can become effective,any previous ban
must be repealed either by Council or the voters at the next statewide election which in this case would be
November 5, 2024.
2 Keeping Ordinance 2903 in place will have the effect of referring the matter of whether to remove the temporary
prohibition on psilocybin facilities to the voters at the November 2024 election.
3 Now codified in ORS Chapter 475A.
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On December 6, 2022, the City Council adopted Ordinance 2903 temporarily prohibiting
psilocybin facilities in the City, subject to Section 3's Referral provision: "unless sooner repealed
by subsequent ordinance by the City Council, this Ordinance shall be referred to the electors ...
at the next statewide general election on Tuesday, November 5, 2024." The Council also
directed the Planning Commission and staff to consider whether local TPM restrictions that go
beyond those in statute (ORS Ch. 475A) and rules (OAR Ch. 333-333) should be adopted in the
event the prohibition is repealed.
The Planning Commission held three public work sessions on January 23, February 27, and April
24, 2023, and held a public hearing on June 12, 2023, voting 4:1 to recommend approval of
Ordinance 2928, adopting Psilocybin TPM land use regulations as reflected in the Findings,
Conclusion and Order for LU 23-0001 (Exhibit B-1).4 The Commission also voted 4:1 to
recommend approval of Ordinance 2933, which contains additional non-land use regulations
pertaining to psilocybin facilities.5
On July 18, 2023, the City Council held a public hearing and tentatively voted 4:3 to adopt
Ordinances 2928 and 2933 as recommended by the Commission. The Council also voted 5:16 to
direct staff to return with a draft ordinance repealing Ordinance 2903, the temporary
prohibition on psilocybin facilities in the City. The final vote on Council's tentative decisions was
initially scheduled for August 1, 2023, but was removed from the agenda because not all of the
Councilors were able to attend that meeting in person. The item was not discussed again until
October 17, 2023.
DISCUSSION
During Council business at the October 17 meeting, the Mayor noted that the Council had not
yet made a final decision on the psilocybin ordinances recommended by the Commission. He
acknowledged that psilocybin is a challenging community issue and that a slim majority of the
Council had voted in July to tentatively approve the Commission's recommendation. He
suggested that the Council consider an alternative path forward in an effort to garner support
from a stronger majority of the Council, and put forward a motion that the Council give
4 Measure 109/ORS 475A.530 authorize cities to adopt time, manner and place restrictions through additional local
ordinances.That statutory authorization does not categorize all restrictions as"land use regulations."Some of
these restrictions would not be"land use regulations" under ORS 197.015(11)and are not a "Legislative Decision"
under the Community Development Code because they do not amend "the policies, procedures,standards,criteria
or map designations of the Comprehensive Plan,and this Community Development Code." LOC 50.07.003.16.a.i.
There are different procedural effects as to whether a restriction is a land use regulation or not, i.e., land use
regulations require written findings and appeal is to the Land Use Board of Appeals.
5 Four Commissioners voted to recommend each proposed form of ordinance to the Council by a vote upon the
entire package of proposed regulations within the proposed ordinance.Thus,while a specific Commissioner that
voted in the affirmative may not have been in favor of each and every regulation within the package,there was a
majority of Commissioners in favor of each regulation and each Commissioner voting in the affirmative was
agreeable to recommending approval of the package.The minutes reflect each Commissioner's discussion
regarding each regulation Commissioner Rigby voted "No"on each ordinance,stating that he found that provisions
in state law and OHA rules are sufficient and no additional local regulations were necessary.
6 Councilor Corrigan,who was participating remotely at the July 18 Council meeting,was unable to vote on this
motion due to connectivity issues.
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direction to staff to return with a different ordinance package for the Council's consideration at
its December 5 meeting, as follows:
• Bring forth Ord. 2928 as recommended by the Commission, with two modifications
("removed provisions"):
o Do not require a buffer between psilocybin facilities or from tenant spaces
occupied by businesses with a liquor license; and
o Do not prohibit psilocybin facilities from locating in the same building as health
care facilities as defined by ORS 442.015(12)(a).
These revisions would address concerns by some councilors that that the collective
locational restrictions for psilocybin facilities as recommended by the Commission
would effectively ban or severely limit the areas where facilities could be located;
• Do not bring forth Ord. 2933, non-land use psilocybin regulations, for adoption.
This addresses concerns by some that the proposed regulations—which require release
of clients to a sober adult at least 21 years old, restricts possession of weapons, and
requires liability insurance—could invite legal challenges, would be difficult to enforce,
and could be adopted at a later time if circumstances warrant; and
• Do not bring forth an ordinance to repeal the temporary prohibition on psilocybin
facilities in the City (Ord. 2903).
This would retain the temporary prohibition and let voters decide whether to allow
psilocybin facilities in the City at the November 5, 2024, election. If voters do not repeal
the temporary ban, psilocybin facilities will not be allowed in the City. If voters repeal
the ban, Ord. 2928 would be in effect and would ensure local TPM regulations apply in
addition to State statute and OHA rules.
The motion passed 6:0. As directed by the Council, Ord. 2928, with the removed provisions
above, is included in Exhibit A-1.2. This version of the ordinance retains the original staff and
Commission commentary for background and shows the removed provisions in track changes
for ease of review.
For more background information, including individual Commissioner positions on each
provision, alternatives considered by the Planning Commission, and discussion of compliance of
the proposed code amendments with all applicable regulations, please refer to the July 7, 2023
Council Report; Exhibit D-3 Planning Commission Staff Memo, April 13, 2023; and, Exhibit D-4
Planning Commission Staff Report, May 17, 2023.
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ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES
Alternatives include:
Alternative 1 -Adopt Ord. 2928 establishing TPM Regulations and Repeal Ordinance 2903 which
prohibits psilocybin facilities:
The effect of this alternative would be to repeal the temporary prohibition on psilocybin
facilities and allow the use in the City, subject to the TPM regulations in Ord. 2928, state law,
and OHA rules. There would be no psilocybin measure on the ballot at the November 2024
election because Council would have repealed the prohibition on psilocybin facilities.
Alternative 2 - Decline to adopt Ord. 2928 and Leave in Place Ordinance 2903 which prohibits
psilocybin facilities:
The effect of this option would retain the temporary prohibition on psilocybin facilities
until the November 2024 election. If voters repeal the prohibition, psilocybin facilities would be
allowed without any additional City TPM regulations (State statute and OHA rules would still
apply).
Alternative 3 -Adopt regulations that are more or less restrictive than the proposal:
If the City adopts regulations that are overly restrictive to the extent that they are
considered 'unreasonable', those regulation(s) could be found outside of the City's adoption
authority under ORS 475A.530(1,2).
FISCAL IMPACT
None.
RECOMMENDATION
Approval of Ordinance 2928, with the removed provisions, for LU 23-0001.
EXHIBITS
A. Draft Ordinance
A-1.2 Draft Ordinance 2928, December 5, 2023 (supersedes version dated June 22,
2023)
Attachment A: City Council Findings and Conclusions, December 5, 2023
Attachment B: Proposed Amendments to Community Development Code,
December 5, 2023 (supersedes version dated June 22, 2023) (with
staff and Planning Commission findings)
B. Findings, Conclusion and Order
B-1 Planning Commission Findings, Conclusion and Order, June 26, 2023
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C. Minutes
C-1 Minutes, January 23, 2023
C-2 Minutes, February 27, 2023
C-3 Minutes, April 24, 2023
C-4 Minutes, June 12, 2023
C-5 Minutes (Draft), June 26, 2023
C. Staff Reports
D-1 Staff Memo, dated January 6, 2023 for Work Session-1 on January 23, 2023
D-2 Staff Memo, dated February 15, 2023 for Work Session-2 on February 27, 2023
D-3 Staff Memo, dated April 13, 2023 for Work Session-3 on April 24, 2023
D-4 Staff Report, dated May 17, 2023 for Public Hearing on June 12, 2023
E. Graphics/Plans
E-1 Map of 1,000 ft. Buffers from Schools and Licensed Child Care Facilities
F. Written Materials
F-1 FAQ Sheet with Answers Updated May 15, 2023
G. Letters
G-1 Email from Chair Helen Leek May 30, 2023
G-2 Email from Metro (Glen Hamburg)July 6, 2023
BACKGROUND MATERIAL AND REFERENCES
Staff reports, staff memos and other materials that were prepared for prior Planning
Commission work sessions can be viewed at the webpage for LU 23-0001.
Use the link below to visit the City's "Project" page. In the "Search" box enter LU 23-0001, then
press "Submit":
https://www.ci.oswego.orus/all-projects
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EXHIBIT A-1
ORDINANCE 2928
AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING LOC 50.03.002, 50.03.003,50.03.004,
and 50.10.003 OF CHAPTER 50 (COMMUNITY DEVELOPMENT CODE) ESTABLISHING PSILOCYBIN
TIME, PLACE AND MANNER LAND USE REGULATIONS;AND ADOPTING FINDINGS(LU 23-0001).
WHEREAS, Measure 109 legalized and regulates the manufacture, sale, and administration of
Psilocybin in Oregon, and authorizes cities to impose certain types of"reasonable regulations"
beyond those imposed by state law; and
WHEREAS, the City Council enacted Ordinance 2903 temporarily prohibiting Psilocybin facilities
and the temporary ban must be referred to the City's voters at the next statewide general
election (November 5, 2024) unless the City Council adopts an ordinance repealing the
prohibition before the election; and
WHEREAS, the City Council has directed the Planning Commission to recommend reasonable
Psilocybin "Time, Place and Manner" regulations in Lake Oswego; and
WHEREAS, the proposed Psilocybin Time, Place, and Manner regulations are in addition to
those already imposed by state law (2020 Measure 109, now codified in ORS 475A.200 - .586)
and rules (OAR Division 333-333), and are necessary to protect public health, safety, and
welfare; and
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 June 12, 2023, at
which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended to the Council the adoption of certain
time, manner and place land use restrictions as set forth in its Findings, Conclusions and Order
for LU 23-0001; and
WHEREAS, a public hearing on LU 23-0001 was held before the City Council of the City of Lake
Oswego on July 18, 2023, at which the staff report, testimony, and evidence were received and
considered; and
WHEREAS,
• The manufacture of psilocybin and the administration of psilocybin to the public
through service centers is a new use in Oregon, having been authorized by initiative
measure in 2020; and
• To date, the only other state that has authorized the administration of psilocybin to the
public is Colorado; however, Colorado has not yet issued any licenses for the
manufacture of psilocybin or for administration of psilocybin in mental healthcare and
Ordinance 2928 PAGE 1 OF 3
therapeutic settings; and
• The Oregon Health Authority issued a license for the first service center on May 5, 2023;
and
• The impacts of psilocybin manufacturers and service centers cannot yet be fully
quantified or analyzed, as to whether more -- or less --time, place and manner
restrictions would be appropriate for their compatibility to surrounding businesses and
nearby residences; and
• Some cities and counties in Oregon are not imposing any time, place and manner
restrictions above those promulgated by the Oregon Health Authority, while other cities
and counties are imposing some additional restrictions, but to-date only a few licenses
have been issued at this time; and
• Therefore, the Council finds it is appropriate to state an intention to review these time,
place and manner restrictions three years from the effective date of this ordinance,
provided however, this statement of intent does not preclude the Council from
reviewing these restrictions sooner—or later--than three years.
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 23-0001), attached
as Attachment A.
Section 2. The Lake Oswego Code is hereby amended by adding the new text shown in double
underlined type and deleting text shown in strikcthrough type in Attachment B, dated
December 5, 2023.
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.
Enacted at the meeting of the Lake Oswego City Council of the City of Lake Oswego held on the
5th day of December, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
EXCUSED:
Ordinance 2928 PAGE 2 OF 3
Joseph M. Buck, Mayor
Dated:
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2928 PAGE 3 OF 3
ATTACHMENT A
1 BEFORE THE CITY COUNCIL
2 OF THE CITY OF LAKE OSWEGO
3 A REQUEST FOR LEGISLATIVE TEXT LU 23-0001
AMENDMENTS TO THE COMMUNITY CITY OF LAKE OSWEGO
4 DEVELOPMENT CODE FOR REGULATING
PSILOCYBIN FACILITIES. FINDINGS AND CONCLUSIONS
5
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
(LOC 50.03.002, 50.03.003, 50.03.004, and 50.10.003) for the purpose of establishing psilocybin
10
time, place and manner land use regulations.
11
HEARINGS
12
The Planning Commission ("Commission") held a public hearing and considered this
13
application at its meeting on June 12, 2023. The Commission adopted its Findings, Conclusion
14
and Order recommending approval of LU 23-0001 on June 26, 2023.
15
The City Council held a public hearing and considered the Commission's
16
recommendation on July 18, 2023.
17
CRITERIA AND STANDARDS
18
A. City of Lake Oswego Comprehensive Plan
19
20 Land Use Planning
21 Policies A-1, B-2, C-1
22 Inspiring Spaces and Places
Goal 1 - Policy 1.b
23
24 Economic Vitality
Policy B-1
25
Community Health and Public Safety
26 Public Safety, Police and Fire Protection Section, Policies 1-4
ATTACHMENT A/PAGE 1— FINDINGS AND CONCLUSIONS (LU 23-0001)
1 B. City of Lake Oswego Community Development Code
2 LOC 50.07.003.16 Legislative Decisions (includes Required Notice to DLCD;
Planning Commission Recommendation Required; and City
3 Council Review and Decision)
4
C. Metro Urban Growth Management Functional Plan
5
Title 4: Protection of Employment Areas, Metro Code Section 3.07.440
6
FINDINGS AND REASONS
7
The City Council incorporates the Commission Staff Report dated May 17, 2023 (Exhibit
8
D-4)for LU 23-0001, with all exhibits, the Findings, Conclusions and Order approved on June 26,
9
2023 (Exhibit B-1), and the staff Council Report dated July 7, 2023, as support for the Council's
10
decision, supplemented by the following further findings and conclusions, except as to those
11
proposed sections that the Council has declined to adopt, which findings are set forth below. In
12
the event of any inconsistency between the Council's supplemental findings and conclusion and
13
the incorporated materials, the supplemental findings and conclusions control. Following are
14
the supplemental findings and conclusions of this Council.
15
The Council finds that, as proposed, the collective regulations in the Commission's
16
proposed time, place and manner restrictions recommended in LU 23-0001 for Ordinance 2928
17
would effectively prohibit or severely limit the locations where psilocybin facilities could be
18
sited. For these reasons, the Council finds that the Commission's recommendations for
19
Ordinance 2928 should be revised as follows (the "removed provisions"):
20
• Do not require a buffer between psilocybin facilities or from tenant spaces
21
occupied by businesses with a liquor license; and
22
• Do not prohibit psilocybin facilities from locating in the same building as health
23
care facilities as defined by ORS 442.015(12)(a).
24
The Council finds that the revisions to the Commission's recommendation continue to
25
comply with all applicable Comprehensive Plan policies because the purpose of the applicable
26
policies is to provide for compatible uses. The Council finds:
• Psilocybin manufacturing and service center uses are new for all jurisdictions in
ATTACHMENT A/PAGE 2— FINDINGS AND CONCLUSIONS (LU 23-0001)
1 Oregon and the potential impacts are unknown at this time;
2 • The Measure 109 provisions (now codified as ORS 475A.200- .586) and Oregon
3 Health Authority rules (OAR Division 333-333) regulate the broad spectrum of
4 the manufacturing and administration of psilocybin, and have time, place and
5 manner restrictions to be applied statewide;
6 • The Oregon Health Authority has issued few licenses for psilocybin facilities since
7 it was eligible to do so beginning on January 1, 2023; and
8 • The Commission forecasted the theoretical impacts of the use as best they could
9 based on the information and testimony presented to them, and the
10 Commission's recommendations regarding the removed provisions were
11 necessarily based on conjecture rather than evidence of incompatibility.
12 The Council finds that it can always reconsider--either before the November 2024
13 election or later-- if evidence from other Oregon jurisdictions show that there is, in fact, a basis
14 to find incompatibility to warrant adoption of the removed provisions from the Commission's
15 recommendations.
16 Until some evidence of incompatibility is presented, recognizing the Council can impose
17 restrictions later if such evidence shows incompatibility, the Council finds that the proposed
18 Ordinance 2928, excluding the removed provisions, would reasonably allow potential psilocybin
19 providers to plan for operation (if the voters repeal the ban). Given the barriers to opening a
20 business already (cost and other restrictions), the extensive requirements of ORS 475A.200
21 - .586 and the Oregon Health Authority rules (OAR Division 333-333), and the remaining
22 recommended provisions of Ordinance 2928 (pending evidence from other jurisdictions), the
23 potential for land use incompatibility is low. The Council finds that the removed provisions—
24 and any other potential restrictions—should be considered at a later date when evidence from
25 other jurisdictions is received, so that any additional restrictions are based on evidence of
26 actual impacts and can be tailored to address these impacts, rather than based on speculation
of impacts.
ATTACHMENT A/PAGE 3— FINDINGS AND CONCLUSIONS (LU 23-0001)
1 Based upon the above findings, the Council further finds that the existing
2 temporary ban on psilocybin facilities (Ordinance 2903) should remain in effect until Ordinance
3 2928, as revised above, is referred to a citywide vote at the next general election on November
4 5, 2024, as required by Measure 109/ORS Ch. 475A.718(2).
5 CONCLUSION
6 The Council concludes that the proposed revised Ordinance 2928, with Attachment B,
7 dated December 5, 2023, complies with all applicable criteria and should be enacted.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ATTACHMENT A/PAGE 4— FINDINGS AND CONCLUSIONS (LU 23-0001)
ATTACHMENT B
Ordinance 2928
Psilocybin Time, Place, and Manner- Proposed Community Development Code Amendments
The following text is from the Lake Oswego Community Development Code (LOC 50). Proposed
additions are shown in bold double-underline text. Removed text is shown with strikeouts. The boxes
beneath the code provisions contain explanatory text and issues that the Planning Commission has
raised for public input and discussion. {Note: non land use psilocybin time, manner and place
regulations will be the subject of a separate ordinance adoption.)
//
3. COMMERCIAL, MIXED USE, INDUSTRIAL, AND SPECIAL PURPOSE DISTRICTS USE TABLE
50.03.002 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
Special Use-Specific
Commercial, Mixed Use, Industrial
Purpose Standards
Use NC WLG L1 FMU
Use Type
Category fg] HC OC EC IP PF
GC CR&D MC f4, I CI PNA
19 uuu OCRMUR-2.5 151 L1
1
//
COMMERCIAL USES L6l 150.03.003.6
//
Lodging Hotels or motels P 1 P P P P
Facilities
Office, business PPPPP P P P P P P P P 50.03.003.6.p
or professional
Business or Research and P P
Professional development
Services laboratories
Psilocybin C , P , P , P , P , P , P C C P P P 50.03.003.6.t
Service Center
Commercial C P P P P P P P P P 50.03.003.5.f
Commercial education
Services
Crematorium P P I
DRAFT 12/05/2023 - Council Report Version
LU 23-0001 ATTACHMENT B (ORDINANCE 2928)/PAGE 1 OF 11
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
Special Use-Specific
Commercial, Mixed Use, Industrial
Purpose Standards
Use 1 NC WLG Li]
FMU
Use Type
Category HC OC EC IP PF
GC CR&D MC j41, I CI PNA
41 al al al OC RM U R-2.5 U L51 11
1
Mortuary P/ P/ 50.03.003.6.o
Cj C
Personal PPPPP P PP P jj P WLG OC and
services CI zones:
50.03.003.6.r
Repair, rental, PPPPP P P P P P 50.03.003.6.tu
and service
Arcade gaming P/ P P P 50.03.003.6.c
C
Recreation
and Commercial PIP P P P P P P C j5
Entertainme recreational ]
nt facility<5,000
sq. ft. gross floor
area
Commercial P j C P C C C P C
recreational
facility>_5,000
sq. ft. and
Recreation < 20,000 sq. ft.
and gross floor area
Entertainme Commercial P j C
nt recreational
(continued) facility>_20,000
sq. ft. gross floor
area
Fitness and PPPPP P P P P
exercise
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LU 23-0001 ATTACHMENT B (ORDINANCE 2928)/PAGE 2 OF 11
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
Special Use-Specific
Commercial, Mixed Use, Industrial
Purpose Standards
Use NC WLG Li]
Use Type FMU
Category HC OC EC IP PF
GC CR&D MC [41, I CI PNA
,L alLlLl OCRMUR-2.5 U I1 11
1
facilities, < 5,000
sq. ft. gross floor
area
Fitness and CPCCC P P C P
exercise
facilities, >_5,000
sq. ft. and <
20,000 sq. ft.
gross floor area
Fitness and P C C C P C
exercise
facilities, >_20,00
0 sq. ft. gross
floor area
•
Theaters, indoor P j P P P P
Retail < 10,000 PPPPP P P P P C j5 50.03.003.6.v
sq. ft. gross floor 1 w
area
Retail >_ 10,000 P P P P P P C j5 50.03.003.6.w
and <20,000 sq. 1 x
Retail Sales
ft. gross floor
area
Retail >_20,000 P/ 50.03.003.6.xy
sq. ft. gross floor C
area
Vehicle and Auto and light PI P P P P P P 50.03.003.6.d
Equipment vehicle rental
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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 Use-Specific
Purpose Standards
Use NC WLG Ell
Use Type FMU
Category al HC OC EC IP PF
GC CR&D MC j41, I CI PNA
41 al al al OC RM U R-2.5 al al
1
Sales and Auto and light PI P P P 50.03.003.6.e
Services vehicle sales
Auto service C P/ P P P P 50.03.003.6.f
station and light C j
vehicle repair
Boat sales and P P
boat repair
Car wash C j P C P 50.03.003.6.i
Heavy vehicle P 50.03.003.6.m
repair
Parking facilities, C P j P P P P 50.03.003.6.q
off-street 10j
Towing service P
and tow yard
Truck and trailer P P
rental and sales
of accessories
INDUSTRIAL/MANUFACTURI 50.03.003.7
NG USES
Dry cleaning or P P 50.03.003.7.b
laundry plant
Industrial General storage P P
•
Service and Lumber yards P
Storage
Nursery stock P
production and
wholesale
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LU 23-0001 ATTACHMENT B (ORDINANCE 2928)/PAGE 4 OF 11
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
Special Use-Specific
Commercial, Mixed Use, Industrial
Purpose Standards
Use NC WLG Ell FMU
Use Type
Category al HC OC EC IP PF
GC CR&D MC 141, I CI PNA
41 al al al OC RMU R-2.5 al al
1
Wholesale P P
distribution
Light C C P C P P 50.03.003.7.a
manufacturing
Manufacturi Heavy P 50.03.003.7.a
ng manufacturing
Psilocybin P P 50.03.003.7.c
Production
Self-storage P
Storage
facility
Railroad facilities P
Transportati
on
Transportation P C
depot
Staff comment: State rules prohibit psilocybin facilities in residential zones. Staff recommends that
Psilocybin Service Centers be allowed in all commercial zones, except that a conditional use permit be
required in the NC,WLG OC, and WLG RMU zones because the purpose of these zones is to provide
land for lower intensity commercial activities that primarily serve the surrounding neighborhood [LOC
50.02.002.1].A conditional use permit is a major development review that requires a neighborhood
meeting and public hearing. Conditions of approval can be imposed by the hearing body in order to
assure that the functional characteristics of the use are reasonably compatible with the uses in the
vicinity[LOC 50.07.005.3a.iv].
Staff recommends that Psilocybin Production use only be permitted in the I and IP zones because the
nature of the use and potential impacts of the use are expected to be similar to uses allowed in those
zones [e.g., light manufacturing, nursery stock production,wholesale distribution].
PC comment: No changes from recommendation.
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//
50.03.003 USE-SPECIFIC STANDARDS
//
6. USE-SPECIFIC STANDARDS FOR COMMERCIAL USES
//
t. Psilocybin Service Center
1. Compliance with Oregon Health Authority(OHA) Rules. Service Centers shall be licensed
by the OHA and comply with all applicable regulations and requirements administered by
OHA per OAR 333-333 and ORS 475A.310.
li. Restrictions on Location. A Psilocybin Service Center shall not locate:
(1) Within 1,000 ft., as measured by a straight-line measurement in a radius extending in
any direction from the closest point anywhere on the boundary line of the real
pro er comprising a school-or registered childcare facilit�C
service ^ nter or production facility to the closest point of the licensed premises of a
service center, of:
(a) A public elementary or secondary school for which attendance is compulsory
under ORS 339.020;
(b) A private or parochial elementary or secondary school teaching children as
described in ORS 339.030; and
(c) A childcare facility registered with the Oregon Department of Educationd.
(da y Daher psilocybin � nter or psilocybin ...duct... facility
EXCEPTION: The 1,000-ft. buffer required by subsection (1)(a)-(c), above, may be reduced
to 500 ft. if there is a physical or geographic barrier capable of preventing children from
traversing to the premises of the psilocybin service center, such as a body of water, an
interstate freeway, or similar barrier that people cannot walk across. A door, fence, wall,
or gate is not a physical or geographic barrier for the purpose of this standard.
Staff comment: The 1,000-ft. buffer required from public, private, and parochial schools is a
state requirement(ORS 475A.904; OAR 333-333-4130(4))and ORS 475A.530(2)permits cities
to require up to a maximum separation of 1,000 ft. between service centers.At the April 24,2023
work session,the Commission was split as to whether a 1,000-ft. buffer should also be required
from licensed childcare facilities and from other psilocybin facilities, but directed staff to include
these buffers in the draft amendments in order to get public feedback for the hearing.
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The reduction of the buffer to 500 ft. is allowed by ORS 475A.310 if there is a physical or
geographic barrier that prevents children from accessing the premises; however, the state
regulations to do not define what a physical or geographic barrier is.The proposed text is drawn
from staff conversation with OHA staff.They stated this is how they would interpret"physical or
geographical barrier" based on a similar phrase regarding marijuana facility siting restrictions. The
proposed code language for this exception, above,would codify what it means.
PC comment:The Commission recommends a 1,000 ft. buffer from a service center to a
licensed childcare facility be required for the same reasons the state requires a 1,000 ft. buffer
from public, private and parochial elementary and secondary schools.The PC also recommends
requiring a 1,000 ft. buffer between service centers as allowed by ORS 475A.530(2).
(2) Within the same building that contains any of the following uses: Marijuana
production, processing, wholesale, laboratory/testing. or retail; health care facilities
ac defined by ORc 442 n1 5r1 wa , or a residential unit,
liquor license to the closest point of the licensed premisee of a s rvice center
EXCEPTION: A psilocybin facility that met the location requirements, above, at the
time of the issuance to the Oregon Health Authority of a land use compatibility
statement may legally remain at that location if it existed before any of the uses listed
in subsections (1)through (2 ). above, later located within a required buffer from the
facility or within the same building.
Staff comment: OAR 333-333-4300 prohibits the businesses listed in subsection (2), above, in
addition to restaurants and areas licensed with a liquor license or retail liquor agent,from
overlapping (interior or exterior)with a psilocybin facility.At the April 24 work session, the
Commission discussed whether further restrictions should be required from these businesses,
such as a minimum setback or prohibiting psilocybin facilities from being in the same building as
some or all of these businesses.The Commission directed staff to include a provision in the draft
amendments prohibiting a psilocybin facility from being in the same building as all of the listed
businesses in subsection (2),as well as restaurants and businesses with liquor licenses, in order
to get public feedback for the hearing. Staff noted that this may preclude psilocybin facilities from
strip mall style developments in the city since the tenant spaces are often all in one building and
most of the zones that would allow service centers allow restaurants.
An exception is included because once a psilocybin service center locates at a site that complies
with all locational restrictions, it will be difficult to assure that a business that is either restricted
from being in the same building or within a certain distance of a service center doesn't later locate
too close to a service center or within the same building. OAR 333-333-4110 requires the licensee
obtain a land use compatibility statement(LUCS)from the City Planning Dept. before OHA will
issue a license. Once issued,the state regulations do not address how the LUCS could be
withdrawn.The owner of a school or licensed day care center may ascertain if there is a psilocybin
facility nearby by inquiry to the Planning Department if they wish to avoid their students being
nearby such facilities, but the owner of a school or day care would not be able to force a licensed
psilocybin facility to relocate by opening within the buffer area.
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PC Comment—subsection 2: The Commission's public hearing version included the following
additional uses as being prohibited in the same building: liquor license or a retail liquor agent, and
restaurants, including temporary or seasonal.The Commission recommends that liquor licensed
areas not be within 500 ft., per subsection (3), above. The Commission does not recommend that
restaurants be excluded as a permissible use within the same building as a service center.
PC Comment—subsection 3: The Commission recommends requiring a 500 ft. buffer between a
service center and businesses with liquor licenses in order to limit the opportunity for a person that
will be or was administered psilocybin to conveniently obtain alcohol,which would further impair
the individual.
iii. In the HC, MC, CR&D, CI and IP zones, the cumulative square footage of commercial retail
businesses, including psilocybin service centers, or buildings on a site shall not exceed
60,000 sq. ft. gross floor area on a single lot or parcel or on adjacent lots or parcels.
Staff comment: This provision is added to comply with Metro Code 3.07.440,which states that a
city or county shall not approve a commercial retail use in an Employment Area with more than
60,000 square feet of gross leasable area in a single building, or commercial retail uses with a
total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on
contiguous lots or parcels, including those separated only by transportation right-of-way.
While"commercial retail uses"are not specifically defined in the Metro Code, other sections of
the Metro code [MC 3.07.420(b)and 3.07.430(a)], refer to"retail commercial uses"as"stores and
restaurants-and retail and professional services that cater to daily customers—such as financial,
insurance, real estate, legal, medical and dental offices."A psilocybin service center is
categorized as a Business or Professional Services in the Use Table[LOC Table 50.03.002-2]
and is proposed to be permitted in Employment Areas (HC, MC, CR&D, CI, and IP zones).
PC comment: No changes to recommendation.
Note to Code Publishing Add following Editor's Note for cross reference; not part of code amendments.
Editor's note: See additional psilocybin regulations in LOC Article 20.18.
ut. Repair, Rental, Service
vu. Restaurant
***
wv. Retail, Under 10,000 Sq. Ft. Gross Floor Area
xw. Retail, 10,000—20,000 Sq. Ft. Gross Floor Area
***
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y[x. Retail, Over 20,000 Sq. Ft. Gross Floor Area
***
zy. Social, Recreational, or Cultural Facilities, Non-profit
***
a.ax. Veterinary Clinic
***
7. INDUSTRIAL USES
//
c. Psilocybin Production
i. Compliance with Oregon Health Authority(OHA) Rules. Psilocybin Production facilities
shall be licensed by the OHA and comply with all applicable regulations and requirements
administered by OHA per OAR 333-333 and ORS 475A.310.
ii. Restrictions on Location. A Psilocybin Production Facility shall not locate:
(1) Within 1,000 ft., as measured by a straight-line measurement in a radius extending in
any direction from the closest point anywhere on the boundary line of the real
prosy comprising a school or, registered childcare facilit�pr nfh^r
production facility n nter to the closest point of the licensed premises of a
service center, of:
(a) a public elementary or secondary school for which attendance is compulsory
under ORS 339.020;
(b) A private or parochial elementary or secondary school teaching children as
described in ORS 339.030;
(c) A childcare facility registered with the Oregon Department of Education; and
(�1-A",y oth^r�ciln��h�n_n rn rin4inn f�nili+, n� r ci�ihin cowiino non4^r
EXCEPTION: The 1,000-ft. buffer required by(1)(a)-(c), above, may be reduced to 500 ft. if
there is a physical or geographic barrier capable of preventing children from traversing to
the premises of the psilocybin production facility, such as a body of water, an interstate
freeway, or similar barrier that people cannot walk across. A door, fence, wall, or gate is
not a physical or geographic barrier for the purpose of this standard.
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Staff comment: There is not a requirement by the initiative measure or the OHA rules for a
1,000-ft. buffer from public, private, and parochial schools for psilocybin production facilities(the
buffer is only required for service centers).At the April 24 work session,there was not consensus
from the Commission as to whether the same 1,000-ft. buffers required for service centers should
also apply to psilocybin production since psilocybin production facilities do not administer
psilocybin to clients; however, the Commission directed staff to include these buffers in the draft
amendments in order to get public feedback for the hearing.
PC comment:The Commission recommends a 1,000 ft. buffer be required from a psilocybin
production facility to a licensed childcare facility for the same reasons the state requires a 1,000
ft. buffer between service centers and public, private and parochial elementary and secondary
schools. The PC also recommends requiring a 1,000 ft. buffer from other production facilities and
service centers (except those with dual licenses as allowed by state law)because the impacts of
production facilities and service centers are not known at this time.
(2) Within the same building that contains any of the following uses: Marijuana
production, processing, wholesale, laboratory/testing, or retail; health facilities
as defined by ORS 442 015(1wa`; or a residential unit.
EXCEPTION: A psilocybin production facility that met the location requirements, above, at
the time of the issuance to the Oregon Health Authority of a land use compatibility
statement may legally remain at that location if it existed before any of the uses listed in
subsection (1)-(2), above, later located within a required buffer or within the same
building.
Staff comment: OAR 333-333-4300 prohibits the businesses listed in subsection (2), above, in addition to
restaurants and areas licensed with a liquor license or retail liquor agent,from overlapping (interior or
exterior)with a psilocybin facility.At the April 24 work session,the Commission discussed whether further
restrictions should be required from these businesses,such as a minimum setback or prohibiting psilocybin
facilities from being in the same building as some or all of these businesses. The Commission directed staff
to include a provision in the draft amendments prohibiting a psilocybin facility from being in the same
building as all of the listed businesses in subsection (2), as well as restaurants and businesses with liquor
licenses, in order to get public feedback for the hearing.
An exception is included because once a psilocybin production facility locates at a site that complies with all
locational restrictions, it will be difficult to assure that a business that is restricted from being within a certain
distance of a production facility or in the same building doesn't later locate too close to a production facility.
The owner of a school or licensed day care center may ascertain if there is a psilocybin facility nearby by
inquiry to the Planning Department if they wish to avoid their students being nearby such facilities, but the
owner of a school or day care would not be able to force a licensed psilocybin facility to relocate by opening
within the buffer area. OAR 333-333-4110 requires the licensee obtain a land use compatibility statement
(LUCS)from the Planning Dept. before OHA will issue a license. Once issued,the state regulations do not
address how the LUCS could be withdrawn.
PC Comment—subsection 2: The Commission's public hearing version included the following additional
uses as being prohibited in the same building: liquor license or a retail liquor agent, and restaurants,
including temporary or seasonal. The Commission does not recommend restaurants and businesses with
liquor licenses be prohibited from being in same building as a production facility because production
facilities don't allow consumption of psilocybin on the premises and because production facilities are limited
to the I and IP zones only,which only allow limited restaurant or retail uses.
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LU 23-0001 ATTACHMENT B (ORDINANCE 2928)/PAGE 10 OF 11
All manufacturing, growing and testing shall be conducted within a fully enclosed
building.
Note to Code Publishing Add following Editor's Note for cross reference; not part of code amendments.
Editor's note: See additional psilocybin regulations in LOC Article 20.18.
50.03.004 ACCESSORY STRUCTURES AND USES
1. ACCESSORY USES
//
b. Home Occupations
A home occupation may be conducted where allowed by other provisions of this Code if the
following conditions are continuously complied with:
//
(6) Marijuana facilities, psilocybin service centers, and psilocybin production are prohibited.
Staff comment: State rules prohibit psilocybin facilities in residential zones.This code amendment
makes it clear that psilocybin services and manufacturing are not allowed as a home occupation.
PC comment: No changes from recommendation.
//
50.10.003 DEFINITIONS
Psilocybin Production
A location licensed by the Oregon Health Authority for the growing, production and testing of
psilocybin mushrooms and products.
Psilocybin Service Center
A location licensed by the Oregon Health Authority for the administration of psilocybin mushrooms
and products to members of the public by licensed facilitators.
- End of code amendments -
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9.1
60vA 4� COUNCIL REPORT
AEG%
Subject: Citywide Parking Reform (PP 22-0001)
Meeting Date: December 5, 2023 Staff Member:
Erik Olson, Long Range Planning Manager
Report Date: November 20, 2023
Department: Community Development
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution 0 Not Applicable
❑ Information Only Comments: At its September 5, 2023 meeting,
0 Council Direction Council directed staff to develop code amendments
❑ Consent Agenda that comply with Phase B of the State's Climate-
Friendly and Equitable Communities rules for parking
reform by December 31, 2024.
Staff Recommendation: Provide direction to staff about the revised project schedule and
public engagement plan to develop code amendments that comply with Phase B of the
State's Climate-Friendly and Equitable Communities parking rules by December 31, 2024.
Recommended Language for Motion: n/a
Project/ Issue Relates To: Implementing requirements for Phase B of the State's Climate-
Friendly and Equitable Communities rules for parking reform.
Council Goals/Priorities: "Combat climate change and strengthen the community's
resilience to climate impact"
ISSUE BEFORE COUNCIL
Provide direction to staff on a revised project schedule and public engagement plan to develop
code amendments that comply with Phase B of the Department of Land Conservation and
Development (DLCD)'s Climate-Friendly and Equitable Communities (CFEC) parking rules by
December 31, 2024.
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Page 2
EXECUTIVE SUMMARY
At the Council's December 5 study session, staff will provide an overview of the following
topics:
• Updates regarding the Land Conservation and Development Commission's (LCDC)
recent adoption of clarifications, corrections, and adjustments to the CFEC program
rules. See Recent Updates to CFEC Rules, below.
• A revised project schedule and public engagement plan to comply with Phase B of the
state's CFEC rules for parking reform (OAR 660-012-04001 to -04502). See Revised
Schedule and Public Engagement Plan, below.
• A high-level analysis of the pros and cons of the different options available to the City
to comply with the applicable CFEC rules. See Pros and Cons of Different CFEC Options,
below.
Staff is seeking direction from Council to proceed with the revised project schedule and public
engagement plan to develop code amendments that comply with CFEC rules by December 31,
2024. Staff also hopes to answer Council questions about the revised CFEC rules and to get
Council feedback on the pros and cons of the options for the City.
BACKGROUND
The City already complies with Phase A of the CFEC parking requirements through the direct
application of OAR 660-012-04303 and 660-012-04404, which involves:
• Applying reduced minimum parking requirements for multifamily residential
development; and
• Not applying minimum parking requirements for:
o Affordable housing,
o Childcare facilities,
o Facilities for people with disabilities,
o Small residential units (< 750 sq. ft.), and
o All development within 1/2 mile of Bus Line #35, effectively eliminating parking
requirements throughout significant portions of the Birdshill, First Addition-
Forest Hills, Foothills, Evergreen, Lakewood, Old Town, Hallinan, Glenmorrie, and
Skylands neighborhoods, as well as a small portion of the McVey-South Shore
neighborhood.
1 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293026.
2 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293036.
3 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307174.
4 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307176.
Respect. Excel'erce. Trust. Service.
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Page 3
The City also complies with DLCD requirements for electric vehicle (EV) conduits through the
direct application of OAR 660-012-04105, which mandates that 40% of all vehicle parking spaces
must have conduit to serve EV charging for:
• New multifamily residential buildings with five or more residential dwelling units; and
• New mixed-use buildings consisting of privately-owned commercial space and five or
more residential dwelling units.
Phase B of the parking reform component of CFEC requires that the City comply with one of
three parking policy reform options, as summarized under Pros and Cons of Different CFEC
Options, below.
On September 5, 2023, the City Council held a study session to receive a presentation from
Evan Manvel, Climate Mitigation Planner at DLCD, with an overview of the purpose of the CFEC
rules for parking reform. During this study session, a majority of Council members expressed
interest in a citywide repeal of parking requirements under CFEC Parking Phase B—Option 1.
The Council also provided direction to staff to simplify the proposed work plan to develop code
amendments that comply with Phase B of the CFEC parking rules by December 31, 2024, and to
place more of an emphasis on targeted public outreach.
RECENT UPDATES TO CFEC RULES
On November 2, 2023, LCDC adopted clarifications, corrections, and adjustments to the CFEC
program rules. Attachment 1 includes a description of the amended rules, which took effect on
November 7, 2023.
The updates adopted by LCDC include:
• Clarifications and corrections to the Transportation Planning Rules (Oregon
Administrative Rules 660-012) originally adopted by LCDC in July 2022, as well as further
refinements to the adjustments the LCDC adopted as temporary rules in April 2023; and
• Other rule changes as recommended by DLCD staff, including a small adjustment to the
bicycle parking requirements in OAR 660-012-06306.
With this recent change, multifamily residential developments will be required by the CFEC
rules to provide one bicycle parking space for every two units, with limited exceptions. Other
updates to the Transportation Planning Rules are primarily intended to formalize the temporary
rules adopted earlier this year, and do not include substantive changes to the requirements for
compliance with OAR 660-012-0400 to -0450.
5 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307171.
6 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307182.
Respect. Excel'erce. Trust. Service.
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REVISED SCHEDULE AND PUBLIC ENGAGEMENT PLAN
In response to the direction provided by City Council to simplify the proposed work plan and
emphasize targeted public outreach, staff has drafted a revised project schedule and public
engagement plan —see Attachment 2. The revised project schedule is excerpted, below.
Project Schedule
Rulemaking Updates& Extension Council Study Session#1 Jun 21, 2022
Request [Jun 2022—Jul 2023]
Planning Commission Update#1 Jun 27
Planning Commission Update#2 Jan 9, 2023
Planning Commission Work Session#1 Jul 24
Project Background and Overview Council Study Session#2 Sep 5
of Alternatives [Aug—Sep 2023]
Planning Commission Work Session#2 Sep 25
Work Plan/Public Involvement Targeted Outreach Oct—Dec 2023
Plan/Scoping [Oct— Dec 2023]
Planning Commission Work Session#3 Nov 27
Council Study Session #3 Dec 5
Initial Concepts/ Targeted Outreach Jan— Mar 2024
Recommendations
[Jan—Apr 2024] Open House/Community Meeting Mar 7, 2024
Joint PC-CC Study Session (#4) Apr 16
Draft Code Amendments Internal Review/ Drafting Apr-Jun
[Apr-Aug 2024]
Planning Commission Work Session #5 Jun 24
Final Code Adoption Planning Commission Public Hearing Oct 14
[Sep— Dec 2024]
Planning Commission Findings Oct 28
City Council Public Hearing Nov 19
City Council Findings Dec 3
Effective Date: Jan 2, 2025
A draft public engagement plan is also included in Attachment 2. It includes a description of the
roles of staff in engagement efforts as well as a working list of the public involvement activities
proposed as part of the project. These engagement efforts are intended to build upon existing
relationships and community networks to the fullest extent possible through targeted outreach,
including the following activities:
• Targeted Outreach to Key Stakeholders: Oct 2023— Mar 2024
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o This outreach would include staff presentations at the Mayor's Roundtable
meeting, as well as presentations at meetings of key community stakeholders
such as the Lake Oswego Sustainability Network (LOSN), the Chamber of
Commerce, including the Lake Grove Business Committee (LGBC), the
Neighborhood Chairs Committee, and the Transportation Advisory Board (TAB).
• Focus Group Discussion with Key Stakeholders: Feb— Mar 2024
o This discussion would include representatives from the Housing Production
Strategy Task Force, the Sustainability Advisory Board, the Diversity, Equity, and
Inclusion Advisory Board, LOSN, the Chamber of Commerce/LGBC, and TAB.
• Project Website+ Updates: ongoing
• Project Email List: ongoing
• Open House/Community Meeting: March 2024
• Hello LO articles: ongoing/ monthly in 2024
• City Council meetings: ongoing
• Planning Commission meetings: ongoing
PROS AND CONS OF DIFFERENT CFEC OPTIONS
In response to a Planning Commissioner's request at their September 25 work session, staff has
developed a high-level analysis of the pros and cons of the different options available to the
City to comply with the CFEC rules. Available options for compliance with Phase B of the CFEC
rules for parking reform include:
1. No Mandates: Repeal parking requirements citywide. No further action necessary.
2. Fair Policies: Implement at least two of five provisions under OAR 660-012-0445(a),
which include either (1) requiring "unbundled" parking for residential development, (2)
requiring "unbundled" parking for commercial development, (3) requiring that flexible
commute benefits be offered by employers of 50 or more employees, (4) establishing a
tax on commercial parking lots, or (5) reducing parking requirements for multifamily
residential development; and comply with one of the following options:
a. Remove parking requirements within and % mile from Town Centers; or
b. Adopt parking management policies within Town Centers
3. Reduced Red Tape: Reduce or eliminate minimum parking requirements for several
types of developments, uses, and locations, including eliminating all parking
requirements within and 1/2 mile from Town Centers. (This analysis includes an
assumption that sub-option (a) (Remove parking requirements within and % mile from
Town Centers) is selected for Option 3, due to the overlap with other Reduced Red Tape
requirements.)
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Staff notes that the "Town Centers" referenced in Options 2 and 3 reference the Town Centers
that were mapped pursuant to the Metro Urban Growth Management Functional Plan. In Lake
Oswego, this includes two Town Centers - Downtown and Lake Grove.
As mentioned above under Background, pursuant to Phase A of the CFEC parking requirements,
the City is no longer enforcing parking requirements within 1/2 mile of Bus Line #35, which
includes the entirety of the Downtown Town Center. Thus, any additional reduction or
elimination of parking mandates within Town Centers pursuant to Option 2a and Option 3
would primarily apply within and adjacent to the City's other town center, the Lake Grove
Town Center. Similarly, any parking benefit district mapped pursuant to Option 2b would
necessitate the introduction of paid parking for 10% of the on-street parking areas within Lake
Grove. These Lake Grove-specific impacts are noted in the analyses for Option 2a, Option 2b,
and Option 3, below.
Option 1: No Mandates
PROS CONS
Ease of Implementation Simple, easy to explain / -
understand
Reduces staff workload
Cost of Implementation Minimal to no additional cost -
Level of Flexibility for Results in the most flexible -
Businesses regulations for new businesses
citywide by eliminating parking
requirements
Level of Flexibility for Results in the most flexible -
Development regulations for all development
types citywide by eliminating
parking requirements
Impact on Likely to reduce the cost of -
Development Costs development—including
housing development—
citywide
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Option 1: No Mandates (continued)
PROS CONS
Impact on Parking Consistent elimination of
Regulations requirements would apply
evenly citywide
Eliminates regulatory barriers
Impact on Existing Mostly applies to new -
Developments development or changes of use
Other Parking provided in response to Could result in neighborhood
market demand parking overflow in some
circumstances. Over the long-
term, the City may need to
implement additional parking
management policies to
mitigate this potential outcome.
Option 2a: Fair Policies + Reduced Mandates
PROS CONS
Ease of Implementation - More difficult to explain and
understand
Increases staff workload
Cost of Implementation - Increased complexity and cost
to implement in comparison to
existing regulations
Requires new regulations and
compliance monitoring
Level of Flexibility for Some flexibility for new -
Businesses businesses
Level of Flexibility for Some flexibility for -
Development development in Lake Grove
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Option 2a: Fair Policies+ Reduced Mandates (continued)
PROS CONS
Impact on Likely to reduce the cost of -
Development Costs development—including
housing development—within
Lake Grove
Impact on Parking Parking only required in Regulations depend on use and
Regulations locations that are further from location / proximity
transit or less walkable Differing impacts in different
Reduces regulatory barriers parts of the City
Impact on Existing - Unbundling and flexible
Developments commuter benefit program
would apply to existing
development
Other Parking reductions for providing Could result in parking overflow
sustainable infrastructure or near Lake Grove, in some
accessible dwelling units instances
Option 2b: Fair Policies+ Parking Management
PROS CONS
Ease of Implementation - Paid on-street parking, unbundling
and flexible commuter benefit
program would be challenging to
implement and would add
complexity to the City's already
complex parking regulations
Cost of Implementation - Requires new regulations and
compliance monitoring
Paid parking would have budget
impacts and require additional staff
resources to implement
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Option 2b: Fair Policies+ Parking Management (continued)
PROS CONS
Level of Flexibility for - Continuation of regulatory barriers
Businesses for new businesses
Flexible commute program would
create new impacts on existing
businesses citywide
Level of Flexibility for - No additional flexibility for
Development development
Impact on - No likely reduction in development
Development Costs costs
Impact on Parking Paid parking for at least 10% of
Regulations street parking in Lake Grove
No reduction or elimination of
regulatory barriers—would result in
the highest possible parking
requirements
Impact on Existing - Paid on-street parking, unbundling
Developments and flexible commuter benefit
program would impact existing
development in Lake Grove
Other Parking reductions for Based on outdated parking
providing sustainable requirements that do not reflect
infrastructure or accessible current market demand or
dwelling units conditions
Option 3: Reduced Red Tape
PROS CONS
Ease of Implementation - The most difficult option to explain
and understand
Increases staff workload
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Option 3: Reduced Red Tape (continued)
PROS CONS
Cost of Implementation - The most complex option
Requires new regulations and
compliance monitoring
Level of Flexibility for Some flexibility for new -
Businesses businesses
Level of Flexibility for Some flexibility for -
Development development in Lake Grove
Impact on Parking Parking only required in Regulations depend on use and
Regulations locations that are further location / proximity
from transit or less walkable Differing impacts in different parts
Reduces regulatory barriers of the city
Impact on Existing - Unbundling and paid on-street
Developments parking would impact existing
development
Other Parking reductions for Could result in parking overflow
providing sustainable near Lake Grove, in some
infrastructure or accessible circumstances
dwelling units
RECOMMENDATION
Direct staff to proceed with the revised project schedule and public engagement plan to
develop code amendments that comply with Phase B of the State's Climate-Friendly and
Equitable Communities parking rules by December 31, 2024.
ATTACHMENTS
1. DLCD Staff Report and Attachments—CFEC Rulemaking Adoption, 10/19/2023
2. CFEC Project Schedule and Public Engagement Plan, 11/14/2023
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ATTACHMENT 1
h' III1Iregon Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
Tina Kotek,Governor
Salem, Oregon 97301-2540
Phone: 503-373-0050
Fax: 503-378-5518
www.oregon.gov/LCD
October 19, 2023 CP,
To: Land Conservation and Development Commission
From: Brenda Ortigoza Bateman, Ph.D., Director
Matt Crall, Planning Services Division Manager
Bill Holmstrom, Land Use and Transportation Planning Coordinator
Subject: Agenda Item 10, November 2-3, 2023, LCDC Meeting
Climate Friendly and Equitable Communities Rulemaking Adoption
I. Agenda Item Summary
Purpose. The Land Conservation and Development Commission (LCDC
or commission) will consider adoption of rule amendments for the Climate-Friendly and
Equitable Communities program. The commission held a hearing on July 28 to take
testimony about draft rules and held the comment period open for written testimony
through September 17, 2023. Staff recommend that the commission adopt the
amendments in Attachment A, which reflect that testimony and work of the rulemaking
advisory committee. This staff report contains an update on the ongoing work in the
Climate-Friendly and Equitable Communities program, a review of the rulemaking
process, and an overview of the recommended rule amendments.
Objective. The commission adopts rule amendments.
For further information about this report, please contact Bill Holmstrom, Land Use and
Transportation Planning Coordinator at 971-375-5975 or
bill.holmstrom(a�dlcd.oregon.gov.
II. Climate-Friendly and Equitable Communities Program Update
The Department of Land Conservation and Development (DLCD or department) and the
Oregon Department of Transportation (ODOT) continue to support cities and counties
through the Climate-Friendly and Equitable Communities program. Staff are developing
guidance, delivering technical assistance, and distributing funds to cities and counties.
Staff also continue to work with local governments who request alternative dates or
exemptions, as allowed in the rules. Staff have included a detailed update in Attachment
B.
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Agenda Item 10
November 2-3, 2023 — LCDC Meeting
Page 2 of 10
III. Corrections and Clarifications Rulemaking Process
The commission initiated the corrections and clarifications rulemaking in April 2023. The
adopted rulemaking charge is included as Attachment C. At this same commission
meeting, commissioners adopted a limited set of temporary amendments to Oregon
Administrative Rules chapter 660, division 12, commonly known as the Transportation
Planning Rules or TPR. These temporary rules are in effect through November 7, 2023.
After the commission initiated the rulemaking, Director Bateman appointed a 20-person
rulemaking advisory committee based on direction from the commission. The
rulemaking advisory committee met four times to review and discuss draft amendments
to the rules. The rulemaking advisory committee reviewed a draft fiscal impact
statement for the draft rule amendments.
The department also convened a technical advisory committee at the request of several
cities and counties. The technical advisory committee was open to the members of the
rulemaking advisory committee and staff from all affected cities and counties. The
technical advisory committee met three times.
The commission held a hearing on draft amendments at its meeting July 28, and
accepted written testimony through September 17. The written testimony is included as
Exhibits 9-21. A summary of the written testimony is included in Attachment D. To be
fair to all interested parties, the commission and department have not accepted any
testimony nor discussed the draft rules with any outside parties after the close of the
public comment period.
This rulemaking process is limited to the scope of the commission's April 2023
rulemaking charge. Staff continue to keep a list of other issues that could be considered
in a future rulemaking process. This includes changes to OAR 660-012-0210, as
described below in this staff report.
The department will update housing planning rules in 2024 as part of the Oregon
Housing Needs Analysis process. That process will include a review of other
administrative rules, including the TPR, to identify any amendments needed for
consistency with updated housing rules. Department staff working on housing,
transportation, and climate change have been coordinating closely to ensure the
Climate-Friendly and Equitable Communities program increases housing. A summary of
how these programs work together to expand housing choices in Oregon is included in
Attachment E.
IV. Recommended Rule Amendments
The recommended rule amendments are in Attachment A, along with explanations for
amendments in each rule or section. A rule-by-rule summary of changes in the division
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Agenda Item 10
November 2-3, 2023 — LCDC Meeting
Page 3 of 10
is included in Attachment F. These amendments respond to each of the elements of the
adopted rulemaking charge in Attachment C, including:
1. Minor clarification and correction amendments; and
2. Further refinement of the temporary amendments adopted in April.
The recommended rule amendments also include changes not explicitly listed in the
charge, but within the corrections and clarifications scope of the rulemaking. Some of
these changes came from suggestions, questions, or concerns from members of the
advisory committees.
Significant issues raised in testimony or discussed in advisory committee meetings are
described below. This includes a set of options for the commission to consider in rule
0630 related to bicycle parking for residential development.
a. Rule 0005: Definitions
This rule defines terms that are used in the division. See pages 1-7 of Attachment A.
1. "Accessible" and "accessible dwelling unit"
Members of the rulemaking advisory committee suggested a broader and more
accurate description of accessibility, as codified in ORS 447.210 through 447.280. The
recommended amendments include federal requirements and state requirements for
accessibility that exceed federal standards.
2. "Metro region 2040 center"
The recommended amendments include a new definition that is used consistently
throughout the division to be clear about which rules apply to town centers, regional
centers, and the central city identified in Title 6 of Metro's Urban Growth Management
Functional Plan. At the request of the City of Portland, the central city, generally the
area of Portland's downtown, south waterfront, and near eastside, is included within the
definition of "Metro Region 2040 Center."
3. "Multi-unit housing"
The recommended amendments include a new definition that is used consistently
throughout the division.
4. "Separated or protected bicycle facilities"
Advisory committee members suggested changes to this definition to clarify which
facility designs would qualify. Pedestrian and bicycle staff at ODOT also suggested
changes to be consist with how ODOT uses terms in plans and guidelines. The
recommended amendments incorporate many of these suggestions.
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Page 4 of 10
b. Rule 0012: Effective Dates and Transition
This rule sets effective dates for certain parts of the division to allow for an orderly
transition from previous requirements to updated ones as shown on pages 7-9 of
Attachment A.
The recommended amendments to subsection (4)(d) would clarify the process for cities
and counties in Metro to adopt town and regional center boundaries. The amendments
improve consistency with Metro's implementation process for its 2040 Growth Concept
and clarify that the requirements apply to areas that have been planned for urban uses
by either a city or a county in the region. The amendment also uses the newly defined
term "Metro Region 2040 Centers" to refer to areas with boundaries adopted by cities
and counties.
c. Rule 0210: Transportation Modeling and Analysis
This rule sets requirements for how cities and counties use transportation modelling to
make land use decisions in the context of meeting climate goals as shown on page 15
of Attachment A.
The rulemaking charge included changing the effective date of this rule from 2024 to
when a city or county adopts a transportation system plan or TSP. There was significant
discussion of this rule at rulemaking advisory committee meetings, technical advisory
committee meetings, and a separate meeting with interested parties focused on just this
rule. Despite that discussion and multiple drafts of the rule, there was no consensus on
corrections or clarifications that could address the concerns. As a result, the
recommended amendments postpone the effective date of this rule until 2027 to allow
time for a collaborative rulemaking process for substantial revisions that go beyond
corrections and clarifications.
d. Rule 0320: Land Use Requirements in Climate-Friendly Areas
This rule sets requirements for cities and counties to adopt land use regulations for
climate-friendly areas as shown on pages 20-22 of Attachment A.
Members of the rulemaking advisory committee commented that the minimum floor area
ratio (FAR) requirement of 2.0 did not provide sufficient flexibility for cities and counties
that used the "outcome-oriented option" for climate-friendly area development
regulations in section (9). Additionally, commenters noted that this FAR requirement
would conflict with the minimum zoned building capacity requirement of at least 60,000
square feet per net acre in subsection (9)(a). To address these concerns, the
recommended amendments reduce the minimum FAR option from 2.0 to 1.0, which is
more consistent with the minimum residential density option and with other parts of the
rule.
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The Oregon Realtors and City of Springfield submitted written comments on the
September 8, 2023 draft. In response, staff recommend further changes to sections (1),
(2), and (3), which are included on pages 20-21 of Attachment A. The amendment to
section (1) provides clarity regarding reduced development expectations when utilizing
the "outcome-oriented" approach described in section (9). The amendment to section
(2) does not allow cities and counties to require ground floor commercial and office uses
if a multi-unit residential building contains regulated affordable housing units. This
change will facilitate funding for affordable housing development, which typically would
not support non-residential development. Lastly, the amendments to section (3) provide
consistency with the modified "outcome-oriented" approach described in Section (9),
which no longer contains requirements for jobs per net acre.
e. Rule 0325: Transportation Review in Climate-Friendly Areas
This rule sets requirements for how cities and counties review changes to land uses in
new, expanded, or existing climate-friendly areas or Metro Region 2040 centers as
shown on pages 23-24 of Attachment A.
Staff recommend rearranging sections of this rule to clarify how the rule applies to
adopting a climate-friendly area or Metro Region 2040 Center and how it applies to
reviewing plan or land use regulations within existing climate-friendly areas or Metro
Region 2040 Centers. The recommended amendments clarify what actions local
governments must take in each circumstance. Section (6) gives cities and counties
options for how to review plan amendments that cross the boundary and thus affect an
area that is both inside and outside a climate-friendly area or Metro Region 2040
Center.
f. Rule 0350: Urban Growth Boundaries
This rule provides additional clarity for how to plan for the transportation system with
urban growth boundary (UGB) expansions.
Advisory committee members and written testimony expressed concerns that this rule
could make future UGB expansions more difficult, particularly expansions needed to
supply land for housing, because the rule requires the city to have an updated TSP prior
to a UGB expansion. The recommended amendment postpones the effective date of
this requirement until 2029 as shown on subsection (5)(f) of rule 0012, on page 9 of
Attachment A. By that time, most or all affected cities and counties will have updated
their TSP to meet the requirements in the rules.
The recommended amendments do not include any amendments to rule 0350 because
the postponement is in rule 0012. Therefore, rule 0350 is not included in Attachment A.
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g. Rules 0430 through 0445: Parking Reform
These rules are the core parking reforms, reducing costly parking mandates for equity
uses (rule 0430), climate-friendly areas (rule 0435), and near transit (rule 0440). Rule
0445 provides two options for parking reform if a city or county decides to not repeal
parking mandates city-wide or county-wide as shown on pages 30-32 of Attachment A.
Staff recommend amendments to clarify these rules and other parking provisions based
on feedback from cities and counties. Specifically, advisory committee members
expressed concern that implementing rule 0440 could be confusing when the transit
provider adjusts bus frequencies. The recommended amendments add an option to
allow cities and counties to adopt a static map of areas near frequent transit and use
that map for a year before updating it. Advisory committee members also expressed
concerns about the feasibility of the reform options under rule 0445. The recommended
amendments make those options easier to implement.
Some testimony raised equity concerns about these provisions; however, other
testimony from equity organizations, affordable housing providers, and a disability
consultant supported parking reforms. Additionally, experience from communities
around Oregon and the United States that have reformed parking and a review of the
academic literature show that parking reform generally improves equity.
h. Rule 0630: Bicycle Parking
This rule sets requirements for cities and counties to adopt development regulations
that require bicycle parking as shown on pages 35-36 of Attachment A.
Staff recommend rearranging this rule to clarify which types of uses require bicycle
parking, and what standards cities and counties must use. The recommended rules no
longer contain a requirement for a minimum number of bicycle parking spaces
calculated based on required off-street motor vehicle parking spaces.
This rule requires cities and counties to require at least one bicycle parking space per
residential unit in multi-unit and mixed-use residential developments. The rulemaking
advisory committee had significant discussion about this requirement, and written
testimony also addressed this issue. Testimony noted that this can be a substantial
expense for housing developers in some cases, and that relatively few trips are taken
by bicycle. The requirement would, however, prepare for a future in which many more
trips are taken by bicycle to reduce climate pollution.
The recommended amendments would add flexibility to allow cities and counties to
reduce the parking requirement for a specific development application (a variance) or
for a type of residential use (for example a care facility). Because of the significant
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controversy on this issue, Attachment A also includes two other options on pages 35-36
that the commission could select.
• Option A: One space per unit
This is what the commission adopted in 2022.
• Option B: One space per unit with flexibility for reductions or exemptions
The department recommends this option.
• Option C: One half space per unit
Cities and counties could choose to set a higher ratio, but they could not reduce
below this ratio.
i. Rule 0830: Enhanced Review of Select Roadway Projects
This rule requires cities and counties to carefully review alternatives if they propose
certain projects that would significantly increase street or highway capacity as shown on
pages 39-42 of Attachment A.
The advisory committees spent significant time discussing this rule, specifically
concerns about projects in existing plans. The rule does not apply when a city or county
starts construction for a project in its existing TSP. The rule would apply if a city or
county proposes to add a project its TSP and to the process for updating a TSP.
Subsection (1)(c) requires the city or county to review projects on the prior TSP before
projects are carried forward to the new TSP. Advisory committee members expressed
concern that this review would be inappropriate for projects that are in ready for
construction at the time of the TSP update, or that were included in a general obligation
bond levy approved by voters.
Staff recommend adding a list of four exceptions to subsection (1)(c) so that some
projects would not need to be reviewed during the TSP update. For projects that do not
fall into one of the exceptions, the city or county would have options during a TSP
update:
• Choose to not carry the project forward into the updated plan;
• Change the proposed project so that it no longer meets the criteria in (1)(a) or
meets an exception in (1)(b) and thus is not subject to the rule; or
• Review alternatives as required in the rule.
Even with exceptions added to (1)(c), some advisory committee members and written
testimony objected to the requirement to review projects in existing plans. Other
members supported fewer and narrower exceptions. The recommended amendments
represent a reasonable middle ground: avoiding excessive review of projects already
underway, while ensuring that projects are carefully reviewed before adding street and
highway capacity.
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V. Assessment of Administrative Rule Requirements
Oregon Revised Statute 197.040(1)(b) directs the Land Conservation and Development
Commission to design its administrative requirements to:
(A) Allow for the diverse administrative and planning capabilities of local
governments;
(B) Consider the variation in conditions and needs in different regions of the state
and encourage regional approaches to resolving land-use problems;
(C) Assess what economic and property interests will be, or are likely to be,
affected by the proposed rule;
(D) Assess the likely degree of economic impact on identified property and
economic interests; and
(E) Assess whether alternative actions are available that would achieve the
underlying lawful governmental objective and would have a lesser economic
impact.
The recommended amendments fulfill these requirements as described below.
(A) Allow for the diverse administrative and planning capabilities of local
governments
The recommended amendments make a variety of corrections and clarifications,
including changes to provide more flexibility and certainty to affected local governments.
The amended rules only apply to local governments within metropolitan areas.
(B) Consider the variation in conditions and needs in different regions of the
state and encourage regional approaches to resolving land-use problems
The recommended amendments provide additional flexibility to cities and counties to set
different schedules for meeting key deadlines in the existing rules. The recommended
amendments provide additional flexibility to determine how to best meet key
requirements locally. The amended rules only apply to local governments within
metropolitan areas.
(C) Assess what economic and property interests will be, or are likely to be,
affected by the proposed rule
The recommended amendments are corrections and clarifications to adopted rules. The
amendments bring more clarity and certainty to local governments. The department has
not identified economic or property interests expected to be affected by the
recommended amendments.
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Page 9 of 10
(D) Assess the likely degree of economic impact on identified property and
economic interests
The recommended amendments are corrections and clarifications to adopted rules. The
amendments bring more clarity and certainty to local governments. The degree of
property or economic impacts are likely to be very minimal.
(E) Assess whether alternative actions are available that would achieve the
underlying lawful governmental objective and would have a lesser
economic impact
The recommended amendments are corrections and clarifications to adopted rules. The
department worked with stakeholders to develop amendments that provide increased
flexibility and certainty. The recommended amendments are likely to have less
economic impact than the presently adopted rules.
VI. Recommended Action
The department recommends that the commission:
1. Review the recommended amendments to administrative rules in Attachment A;
2. Review rulemaking impact statements;
3. Review public comment and testimony received through September 17;
4. Adopt the recommended administrative rules; and
5. Repeal temporary rules upon the effective date of the adopted rules.
a. Sample Motion 1 — Adopt Permanent Rule Amendments
Recommended motion —Approve department recommendation.
I move that the Land Conservation and Development Commission amend rules
in Oregon Administrative Rules chapter 660, division 12, as recommended in
Attachment A of the staff report, using option B in rule 630, section 3.
Alternate motion —Approve recommended rules using a different option for bicycle
parking requirements.
I move that the Land Conservation and Development Commission amend rules
in Oregon Administrative Rules chapter 660, division 12, as recommended in
Attachment A of the staff report, using option [A or C] in rule 630, section 3.
Alternate motion —Approve revised rules.
I move that the Land Conservation and Development Commission amend rules
in Oregon Administrative Rules chapter 660, division 12, as recommended in
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Attachment A of the staff report, using option [A, B, or C] in rule 630, section 3,
with the following revisions: [state proposed revisions]
b. Sample Motion 2 — Repeal Temporary Rules
I move that the Land Conservation and Development Commission repeal the
temporary rules in Oregon Administrative Rule Chapter 660, Division 12, upon the
filing and effective date of the permanent rules.
VII. Attachments
A. Recommended Rule Amendments
B. Implementation Update
C. Rulemaking Charge
D. Summary of Testimony Received
E. Increasing Housing Production and Transportation Choices
F. Rule-by-Rule Summary of Changes to the Transportation Planning Rules
PP 22-0001 ATTACHMENT 1/PAGE 10 OF 71
Transportation Planning Rules OAR Chapter 660,Division 12
Chapter 660—Division 12
Transportation Planning
Recommended Amendments—October 19,2023
This document contains the recommended set of amendments to the Transportation Planning Rules. The
amendments are meant to address the rulemaking charge given to the department and the rulemaking
advisory committee by the Land Conservation and Development Commission on April 20, 2023. This
document includes changes from presently adopted rules (not including rules adopted temporarily by the
commission), and comments about changes within boxes which are not part of the rules themselves.
Table of Contents 660-012-0425:Reducing the Burden of Parking
660-012-0005:Definitions 1 Mandates 29
660-012-0012:Effective Dates and Transition 7 660-012-0430:Reduction of Parking Mandates for
660-012-0100:Transportation System Plans in Development Types 30
Metropolitan Areas 9 660-012-0435:Parking Reform in Climate-Friendly
660-012-0110:Transportation System Planning Area 10 Areas and Centers 30
660-012-0135:Equity Analysis 11 660-012-0440:Parking Reform Near Transit Corridors
660-012-0140:Transportation System Planning in the 31
Portland Metropolitan Area 11 660-012-0445:Parking Management Alternative
660-012-0155:Prioritization Framework 13 Approaches 31
660-012-0180:Financially-Constrained Project List..14 660-012-0505:Pedestrian System Inventory 32
660-012-0210:Transportation Modeling and Analysis 660-012-0510:Pedestrian System Requirements 33
15 660-012-0605:Bicycle System Inventory 34
660-012-0215:Transportation Performance Standards 660-012-0610:Bicycle System Requirements 34
15 660-012-0630:Bicycle Parking 35
660-012-0310: Climate-Friendly Areas 16 660-012-0700:Public Transportation System Planning
660-012-0315:Designation of Climate-Friendly Areas 36
17 660-012-0810: Street and Highway System
660-012-0320:Land Use Requirements in Climate- Requirements 37
Friendly Areas 20 660-012-0830:Enhanced Review of Select Roadway
660-012-0325:Transportation Review in Climate- Projects 39
Friendly Areas and Centers 23 660-012-0905:Land Use and Transportation
660-012-0330:Land Use Requirements 24 Performance Measures 42
660-012-0405:Parking Regulation Improvements 26 660-012-0910:Land Use and Transportation
660-012-0410:Electric Vehicle Charging 28 Performance Targets 43
660-012-0415:Parking Maximums and Evaluation in
More Populous Communities 28
1 660-012-0005:Definitions
2 The change in this rule is due to advice of counsel to add a preamble to the definitions.
3 For the purposes of this division,the definitions contained in ORS 197.015, 197.303,and 197.627 shall apply unless
4 the context requires otherwise.In addition,the following definitions apply:
5 (1)"Access Management"means measures regulating access to streets,roads and highways from public roads and
6 private driveways.Measures may include but are not limited to restrictions on the siting of interchanges,
7 restrictions on the type and amount of access to roadways,and use of physical controls,such as signals and
8 channelization including raised medians,to reduce impacts of approach road traffic on the main facility.
9 The change in this definition is to clarify that these units can accommodate all people, and are often seen
10 as desirable for many reasons and bought/leased/rented by people without disabilities.
11 (2)"Accessible dwelling unit"means a dwelling unit constructed to standards capable of accommodatinge persons
12 with disabilities,in compliance with ORS 447.210 through 447.280.the Americans with Disabilities Act and
13 applicable construction requirements in adopted building codes.
14 (3)"Accessible"means complying with the applicable standards of ORS 447.210 through 447.280,and where
15 applicable,with ORS 447.310.American with Disabilities Act.
16 (4)"Accessway"means a walkway that provides pedestrian and or bicycle passage either between streets or from a
17 street to a building or other destination such as a school,park,or transit stop.Accessways generally include a
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1 walkway and additional land on either side of the walkway,often in the form of an easement or right-of-way,to
2 provide clearance and separation between the walkway and adjacent uses.Accessways through parking lots are
3 generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices
4 and include landscaping,trees,and lighting.Where accessways cross driveways,they are generally raised,paved,
5 or marked in a manner that provides convenient access for pedestrians.
6 (5)"Affected Local Government"means a city,county,or metropolitan service district that is directly impacted by a
7 proposed transportation facility or improvement.
8 (6)"Approach Road"means a legally constructed,public or private connection that provides vehicular access either
9 to or from or to and from a highway and an adjoining property.
10 (7)"Area,net"means the total area of a development site exclusive of proposed or existing public rights of way,
11 public parks,public open space,protected natural features,and any other areas permanently precluded from
12 development due to development constraints,easements,or similar legal instruments.
13 (8)"At or near a major transit stop": "At"means a parcel or ownership that is adjacent to or includes a major transit
14 stop generally including portions of such parcels or ownerships that are within 200 feet of a transit stop."Near"
15 generally means a parcel or ownership that is within 300 feet of a major transit stop.The term"generally"is
16 intended to allow local governments through their plans and ordinances to adopt more specific definitions of these
17 terms considering local needs and circumstances consistent with the overall objective and requirement to provide
18 convenient pedestrian access to transit.
19 (9)"Bicycle boulevard"means bicycle facilities on streets with low motorized traffic volumes and speeds,
20 designated and designed to give bicycle travel priority.Bicycle boulevards use signs,markings,traffic diverters,
21 or other measures to discourage through trips by motor vehicles.A bicycle boulevard may also include traffic
22 control features to create safe,convenient bicycle crossings of intersecting streets.
23 (10)"Climate-friendly area"means an urban mixed-use area containing,or planned to contain,a mixture of higher-
24 density housing,jobs,businesses,and services.These areas are served by,or planned for service by,high-quality
25 pedestrian,bicycle,and transit infrastructure and services to provide frequent and convenient connections to key
26 destinations within the city and region. These areas feature a well-designed and connected pedestrian
27 environment. To maximize community benefits these areas typically do not contain or require large parking lots,
28 and are provided with abundant tree canopy and vegetation to provide shade,cooling,and other amenities to
29 visitors,residents,and employees.Climate-friendly areas will reduce the reliance on light duty motor vehicle trips
30 for residents,workers,and visitors by providing more proximate destinations within climate-friendly areas,
31 improved connectivity to key destinations elsewhere in the community,and enhanced alternative transportation
32 options.
33 This is a new definition added for clarity. There are references to climate pollution throughout the division.]
34 (11)"Climate pollution"means emissions of greenhouse gases as defined in ORS 468A.210.
35 The change in this definition is to reword for clarity.
36 (124)"Commercial parking lot"means a site without a primary use where the primary use is renting or leasing
37 vehicle parking spaces are rented or leased.It does not include shared parking.
38 (132)"Committed transportation facilities"means those proposed transportation facilities and improvements that are
39 consistent with the acknowledged comprehensive plan and have approved funding for construction in a public
40 facilities plan or the Six-Year Highway or Transportation Improvement Program.
41 (144)"Demand management"means actions that are designed to change travel behavior in order to improve
42 performance of transportation facilities and to reduce need for additional road capacity.Methods may include,but
43 are not limited to,the use of non-driving modes,ride-sharing and vanpool programs,trip-reduction ordinances,
44 shifting to off-peak periods,and reduced or paid parking.
45 (154)"Equitable outcomes"means outcomes that burdens underserved populations less than,and benefits
46 underserved populations as much or more as,the city or county population as a whole.Examples of equitable
47 outcomes include:
48 (a)Increased stability of underserved populations,lowering the likelihood of displacement due to gentrification
49 from public and private investments;
50 (b)More accessible,safe,affordable and equitable transportation options with better connectivity to destinations
51 people want to reach;
52 (c)Adequate housing with access to employment,education,fresh food,goods,services,recreational and cultural
53 opportunities,and social spaces;
54 (d)Increased safety for people in public spaces,transportation,and community development;
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1 (e)Equitable access to parks,nature,open spaces,and public spaces;
2 (f)Better and more racially equitable health outcomes across the lifespan,particularly health outcomes connected
3 to transportation choices,air pollution,and food;
4 (g)Recognizing and remedying impacts of past practices such as redlining,displacement,exclusionary zoning,
5 and roadway and other public infrastructure siting decisions that harmed underserved communities;and
6 (h)Fairly-distributed benefits to residents and local governments across cities and counties within metropolitan
7 areas; and
8 The change in this definition is to add an example to encourage engagement of people with disabilities in
9 planning decisions. Decision processes up to this point have often not centered these voices.
10 (i)Increased opportunities for people with disabilities to be actively engaged in community-based decision-
]] making processes,with supports as needed.,
12 (165)"Freeway"means a limited-access highway with access points exclusively from interchanges with other
13 streets and highways.Limited access may be provided for rural land uses in rural areas where no other access is
14 available.
15 (176)"Horizon year"means the final year of the twenty-year planning period.
16 (187)"Influence area of an interchange"means the area 1,320 feet from an interchange ramp terminal measured on
17 the crossroad away from the mainline.
18 (198)"Local streets"means streets that are functionally classified as local streets to serve primarily local access to
19 property and circulation within neighborhoods or specific areas.Local streets do not include streets functionally
20 classified as collector or arterials.
21 (204-9)"Local Street Standards"include but are not limited to standards for right-of-way,pavement width,travel
22 lanes,parking lanes,curb turning radius,and accessways.
23 (210)"Major"means,in general,those facilities or developments that,considering the size of the urban or rural area
24 and the range of size,capacity or service level of similar facilities or developments in the area,are either larger
25 than average,serve more than neighborhood needs or have significant land use or traffic impacts on more than the
26 immediate neighborhood:
27 (a)"Major"as it modifies transit corridors,stops,transfer stations,and new transportation facilities means those
28 facilities that are most important to the functioning of the system or that provide a high level,volume,or
29 frequency of service;
30 (b)"Major"as it modifies industrial,institutional,and retail development means such developments that are larger
31 than average,serve more than neighborhood needs,or that have traffic impacts on more than the immediate
32 neighborhood;
33 (c)Application of the term"major"will vary from area to area depending upon the scale of transportation
34 improvements,transit facilities,and development that occur in the area.A facility considered to be major in a
35 smaller or less densely developed area may,because of the relative significance and impact of the facility or
36 development,not be considered a major facility in a larger or more densely developed area with larger or more
37 intense development or facilities.
38 (224)"Major transit stop"means existing and planned transit stations,including light rail stations and other transit
39 transfer stations,except for temporary facilities;other planned stops designated as major transit stops in a
40 transportation system plan and existing stops that:
41 (a)Have or are planned for an above average frequency of scheduled,fixed-route service when compared to
42 region wide service.In urban areas of 1,000,000 or more population,major transit stops are generally located
43 along routes that have or are planned for 15-minute or better service frequency throughout the day and on
44 weekends;and
45 (b)Are located in a transit-oriented development or within one-quarter mile of an area planned and zoned for:
46 (A)Medium or high-density residential development;or
47 (B)Intensive commercial or institutional uses within one-quarter mile of land uses in paragraph(A);or
48 (C)Uses likely to generate a relatively high level of transit ridership.
49 (232)"Metropolitan area"means the local governments that are responsible for adopting local or regional
50 transportation system plans within a metropolitan planning organization(MPO)boundary.This includes cities,
51 counties,and,in the Portland Metropolitan Area,Metro.
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1 This is a new definition added for clarity. There are references to Metro Region 2040 Centers throughout
2 the division.
3 (24)"Metro Region 2040 Center"means the area within a boundary adopted by a city or county under Title 6 of the
4 acknowledged Metro Urban Growth Management Functional Plan for the central city,regional centers,and town
5 centers on Metro's 2040 Growth Concept map.
6 (235)"Metropolitan Planning Organization(MPO)"means an organization located within the State of Oregon and
7 designated by the Governor to coordinate transportation planning in an urbanized area of the state including such
8 designations made subsequent to the adoption of this rule.The Longview-Kelso-Rainier and Walla Walla Valley
9 MPOs are not considered MPOs for the purposes of this division.
10 (246)"Minor transportation improvements"include,but are not limited to,signalization,addition of turn lanes or
11 merge/deceleration lanes on arterial or collector streets,provision of local streets,transportation system
12 management measures,modification of existing interchange facilities within public right of way and design
13 modifications located within an approved corridor.Minor transportation improvements may or may not be listed
14 as planned projects in a TSP where the improvement is otherwise consistent with the TSP.Minor transportation
15 improvements do not include new interchanges;new approach roads within the influence area of an interchange;
16 new intersections on limited access roadways,highways,or expressways;new collector or arterial streets,road
17 realignments or addition of travel lanes.
18 This is a new definition added to address charge item 1. The new definition of"multi-unit housing"will be
19 used consistently throughout the division.
20 (27)"Multi-unit housing"means five or more attached housing units on a single lot or parcel.A dwelling unit may
21 be attached to another dwelling unit vertically or horizontally.Multi-unit housing does not include middle housing
22 types,as defined in ORS 197.758,but does include five or more attached condominium dwelling units located on
23 a collectively managed lot or parcel.
24 (285)"ODOT"means the Oregon Department of Transportation.
25 (296)"Parking benefit district"means a designated area where some of the revenues from parking fees or permits
26 for public parking within the designated area are dedicated to public improvements in the area.
27 The change in this definition is to reword for clarity and to address historic conditional uses based on
28 providing parking.
29 (3027)"Parking mandates"means requirements to include or retain a carport,garage,or minimum number of off-
30 street parking spaces with development,er-redevelopment,alterations,changes of use,or,for residential
31 development,a fee-in-lieu of providing parking for residential development.It does not include requirements for
32 parking spaces under the Americans with Disabilities Act or ORS 447.233.
33 (3125)"Parking maximums"means limits on the number of off-street parking spaces that can be included in a
34 development.
35 The change in this definition is to exclude spaces for automobiles for sale or rent and fleet vehicles as
36 "parking spaces."
37 (3229)"Parking spaces"means on and off-street spaces designated for automobile parking,other than parking
38 spaces reserved for:
39 reserved for automobiles for sale or rent;
40 (b)fleet vehicles;
41 (c)carpools or vanpools;or
42 (d)or-parking under the Americans with Disabilities Act.
43 (330)"Pedestrian district"means a comprehensive plan designation or implementing land use regulations,such as
44 an overlay zone,that establish requirements to provide a safe and convenient pedestrian environment in an area
45 planned for a mix of uses likely to support a relatively high level of pedestrian activity. Such areas include but are
46 not limited to:
47 (a)Lands planned for a mix of commercial or institutional uses near lands planned for medium to high-density
48 housing;or
49 (b)Areas with a concentration of employment and retail activity;and
50 (c)That have,or could develop,or have planned a network of streets and accessways that provide convenient
51 pedestrian circulation.
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1 (344)"Pedestrian facility"means a continuous,unobstructed,reasonably direct route between two points that is
2 intended and suitable for pedestrian use.Pedestrian facilities include but are not limited to sidewalk_s,walkways,
3 accessways,stairways and pedestrian bridges. On developed parcels,pedestrian facilities are generally hard
4 surfaced.In parks and natural areas,pedestrian facilities may be soft-surfaced pathways.On undeveloped parcels
5 and parcels intended for redevelopment,pedestrian facilities may also include rights of way or easements for
6 future pedestrian improvements.
7 (352)"Pedestrian plaza"means a small semi-enclosed area usually adjoining a sidewalk or a transit stop that
8 provides a place for pedestrians to sit,stand or rest.They are usually paved with concrete,pavers,bricks,or
9 similar material and include seating,pedestrian scale lighting,and similar pedestrian improvements.Low walls or
10 planters and landscaping are usually provided to create a semi-enclosed space and to buffer and separate the plaza
11 from adjoining parking lots and vehicle maneuvering areas.Plazas are generally located at a transit stop,building
12 entrance,or an intersection and connect directly to adjacent sidewalks,walkways,transit stops,and buildings.A
l 3 plaza including 150-250 square feet would be considered"small."
14 (363)"Pedestrian scale"means site and building design elements that are dimensionally less than those intended to
15 accommodate automobile traffic,flow,and buffering.Examples include ornamental lighting of limited height;
16 bricks,pavers,or other modules of paving with small dimensions;a variety of planting and landscaping materials;
17 arcades or awnings that reduce the height of walls;and signage and signpost details that can only be perceived
18 from a short distance.
19 (374)"People with disabilities"means people who have a record or history of physical,mental,intellectual,or
20 sensory impairments that in interaction with various barriers may hinder their full and effective participation in
21 society on an equal basis with others.
22 This is a new definition to address charge item 2.
23 (38)"Performance measure"means an indicator used to evaluate progress towards meeting performance targets in
24 accordance with OAR 660-012-0910.
25 This is a new definition to address charge item 2.
26 (39)"Performance standard"means an indicator used to review comprehensive plan and land use regulation
27 amendments in accordance with OAR 660-012-0060.
28 (403-5)"Planning period"means the twenty-year period beginning with the date of adoption of a TSP to meet the
29 requirements of this division.
30 (4136)"Preliminary Design"means an engineering design that specifies in detail the location and alignment of a
31 planned transportation facility or improvement.
32 (4237)"Priority transit corridor"means a corridor that has a high existing or planned level of transit service relative
33 to other transit service in the community,including service frequency and span of service.The corridor may be
34 described as a series of stations when served by high-capacity transit services with widely spaced stations.
35 (433-8)"Reasonably direct"means either a route that does not deviate unnecessarily from a straight line or a route
36 that does not involve a significant amount of out-of-direction travel for likely users.
37 (4439)"Refinement Plan"means an amendment to the transportation system plan,that resolves,at a systems level,
38 determinations on function,mode or general location which were deferred during transportation system planning
39 because detailed information needed to make those determinations could not reasonably be obtained during that
40 process.
41 (450)"Regional Transportation Plan"or"RTP"means the long-range transportation plan prepared and adopted by a
42 metropolitan planning organization for a metropolitan area as provided for in federal law.
43 (464)"Roads"means streets,roads,and highways.
44 (472)"Rural community"means areas defined as resort communities and rural communities in accordance with
45 OAR 660-022-0010(6)and(7).For the purposes of this division,the area need only meet the definitions contained
46 in the Unincorporated Communities Rule although the area may not have been designated as an unincorporated
47 community in accordance with OAR 660-022-0020.
48 The change in this definition is in response to RAC comments.
49 (483)"Separated or protected bicycle facilities"means bicycle facilities that are physically separated,or that are
50 protected from motor vehicle traffic by barriers elements that designed to inhibit intrusion into the bicycle facility.
51 Protection may include parked motor vehicles,curbs,or a raised elevation of the bicycle facility. Separated or
52 protected bicycle facilities may be unidirectional or two-way. Separated or protected bicycle facilities are
53 designed to address conflicting traffic at intersections and other vehicular accesses to the street or highway.
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1 This change in this definition is a rewording to make it easier to provide shared parking.
2 (494)"Shared parking"means parking spaces used to meet the parking mandates for two or more uses,structures,or
3 parcels of land,
4 by the shared parking.
5 (5045)"Transit-Oriented Development(TOD)"means a mix of residential,retail,and office uses and a supporting
6 network of roads,bicycle,and pedestrian ways focused on a major transit stop designed to support a high level of
7 transit use.The key features of transit-oriented development include:
8 (a)A mixed-use center at the transit stop,oriented principally to transit riders and pedestrian and bicycle travel
9 from the surrounding area;
10 (b)High density of residential development proximate to the transit stop sufficient to support transit operation and
11 neighborhood commercial uses within the TOD;
12 (c)A network of roads,and bicycle and pedestrian paths to support high levels of pedestrian access within the
13 TOD and high levels of transit use.
14 (5146)"Transportation Facilities"means any physical facility that moves or assist in the movement of people or
15 goods including facilities identified in OAR 660-012-0020 but excluding electricity,sewage,and water systems.
16 (5247)"Transportation System Management Measures"means techniques for increasing the efficiency,safety,
17 capacity,or level of service of a transportation facility without increasing its size.Examples include,but are not
18 limited to,traffic signal improvements,traffic control devices including installing medians and parking removal,
19 channelization,access management,ramp metering,and restriping of high occupancy vehicle(HOV)lanes.
20 (5348)"Transportation Needs"means estimates of the movement of people and goods consistent with an
21 acknowledged comprehensive plan and the requirements of this division.Needs are typically based on projections
22 of future travel demand resulting from a continuation of current trends as modified by policy objectives,including
23 those expressed in Goal 12 and this division,and attaining the state's goals for greenhouse gas emissions
24 reduction,especially those for avoiding principal reliance on any one mode of transportation.
25 (5449)"Transportation Needs,Local"means needs for movement of people and goods within communities and
26 portions of counties and the need to provide access to local destinations.
27 (550)"Transportation Needs,Regional"means needs for movement of people and goods between and through
28 communities and accessibility to regional destinations within a metropolitan area,county,or associated group of
29 counties.
30 (564)"Transportation Needs, State"means needs for movement of people and goods between and through regions
31 of the state and between the state and other states.
32 (572)"Transportation Options Provider"means an entity providing services that work to change travel behavior in
33 order to increase transportation system efficiency.
34 (583)"Transportation Project Development"means implementing the transportation system plan(TSP)by
35 determining the precise location,alignment,and preliminary design of improvements included in the TSP based
36 on site-specific engineering and environmental studies.
37 (594)"Transportation Service"means a service for moving people and goods,such as intercity bus service and
38 passenger rail service.
39 (605-5)"Transportation System Plan(TSP)"means a plan for one or more transportation facilities that are planned,
40 developed,operated,and maintained in a coordinated manner to supply continuity of movement between modes,
41 and within and between geographic and jurisdictional areas.
42 (6156)"Urban Area"means lands within an urban growth boundary,two or more contiguous urban growth
43 boundaries,and urban unincorporated communities as defined by OAR 660-022-0010(9).For the purposes of this
44 division,the area need only meet the definition contained in the Unincorporated Communities Rule although the
45 area may not have been designated as an unincorporated community in accordance with OAR 660-022-0020.
46 (62 7)"Unbundled parking"means a requirement that parking spaces for each unit in a development be rented,
47 leased,or sold separately from the unit itself. The parking space(s)must be rented,leased,or sold at market rates
48 for comparable local off-street parking.The renter,lessor,or buyer of the unit must be allowed to opt out of
49 renting,leasing,or buying the parking space.
50 (6358)"Urban Fringe"means:
51 (a)Areas outside the urban growth boundary that are within five miles of the urban growth boundary of an MPO
52 area;and
53 (b)Areas outside the urban growth boundary within two miles of the urban growth boundary of an urban area
54 containing a population greater than 25,000.
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1 (6459)"Vehicle Miles Traveled(VMT)"means all jurisdiction household-based light vehicle travel regardless of
2 where the travel occurs.
3 (650)"Walkway"means a hard surfaced area intended and suitable for use by pedestrians,including sidewalks and
4 surfaced portions of accessways.
5 Statutory/Other Authority:ORS 197.040
6 Statutes/Other Implemented:ORS 197.712,ORS 197.717,ORS 197.732,ORS 197.012
7 660-012-0012:Effective Dates and Transition
8 (1)The rules in this division adopted on July 21,2022,and amendments to rules in this division adopted on that
9 date,are effective August 17,2022,except as provided in this rule.
10 (2)A city or county subject to the requirements as provided in OAR 660-012-0100 may make interim updates to the
11 local transportation system plan using requirements as provided in OAR 660-012-0015 if the city or county:
12 (a)Has submitted notice of the proposed change to the comprehensive plan to the department as provided in
13 OAR 660-018-0020 no later than December 31,2022;or
14 (b)The interim update is not a major transportation system plan update as provided in OAR 660-012-0105,and
15 the city or county has submitted notice of the proposed change to the comprehensive plan to the department
16 as provided in OAR 660-018-0020 no later than June 30,2027.Interim updates must comply with applicable
17 requirements in this division within the scope of the transportation system plan amendment but need not bring
18 the entire transportation system plan in compliance with all applicable regulations.
19 The changes in this section are part of temporary rules adopted by the commission in April.
20 (3)Cities,counties,or Metro may choose to propose alternative dates in lieu of the effective dates or deadlines in
21 section(4)of this rule.
22 (a)A submitted proposal for alternative dates shall include:
23 (A)A description of any work already underway to begin complying with the new or amended requirements of
24 this division;
25 (B)Proposed dates for accomplishing requirements in lieu of effective dates or deadlines provided in this rule;
26 and
27 (C)A schedule for updating local transportation system plans to comply with new or amended requirements of
28 this division.
29 (b)Proposed alternative dates must demonstrate consistent progress toward meeting the updated requirements of
30 this division.Proposed alternative dates must include at least some work implemented by December 31,2023.
31 Proposed alternative dates must include completion of all elements included in the alternative dates,except for a
32 major update to the transportation system plan,by June 30,2027December 31,2029.
33 (c)Proposed alternative dates should be designed to sequence work in a logical progression,considering
34 acknowledged plans,other work,and the work of other jurisdictions within the metropolitan area.Cities and
35 counties in a metropolitan area may submit joint proposed alternative dates for a metropolitan area.
36 (d)Proposed alternative dates may not be submitted to the department after January 31,2023.
37 (ed)Local governments in regions required to submit a work program as provided in OAR 660-044-0015 may
38 submit a single combined work program that proposes alternative dates as provided in this rule and meets the
39 requirements as provided in OAR 660-044-0100.Notwithstanding subsection(d),the combined work program
40 must be submitted by the date provided in OAR 660 Oil'I 0015.
41 (€e)The director shall review the proposed alternative dates to determine whether the proposed alternative dates
42 meet the following criteria:
43 (A)Ensures urgent action;
44 (B)Coordinates actions across jurisdictions within the metropolitan area;
45 (C)Coordinates with work required as provided in OAR 660-044-0100;
46 (D)Sequences elements into a logical progression;and
47 (E)Considers availability of funding and other resources to complete the work.
48 (gf)Upon the director finding the proposed alternative dates meet the criteria in(f),the alternative dates shall be
49 used.
50 (lig)The director may modify alternative dates at any time as necessary to achieve the purposes of this division.
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1 (4)The dates in this section apply unless alternative dates are approved by the director as provided in section(3).
2 (a)Cities outside the Portland Metropolitan Area with a population over 5,000 in the urban area,and counties
3 outside the Portland Metropolitan Area with an unincorporated population over 5,000 in the urban area,must
4 adopt a major transportation system plan update as provided in OAR 660-012-0105 by December 31,2029.
5 The change in this subsection addresses charge item 4. The change matches the date for local
6 governments to meet the requirements of OAR 660-012-0215 with adoption of a local TSP update.
7 (b)The provisions of OAR 660-012-0215 requiring the adoption of multiple transportation performance standards
8 take effect on June 30,2025upon the adoption of a major update to the local transportation system plan.
9 (c)A city or county that is subject to the requirements of OAR 660-012-0310 shall adopt land use requirements
10 for climate-friendly areas and a climate-friendly comprehensive plan element as provided in OAR 660-012-
11 0315 by December 31,2024.
12 The change in this subsection addresses charge item 18 in part. The change clarifies that certain
13 requirements must be met when local governments in the Portland Metropolitan Area adopt Metro Region
14 2040 centers.
15 (d)Metro shall amend itsthe Uerban Ggrowth Mmanagement Functional Pplan in conjunction with its next
16 growth management analysis under ORS 197.296 and no later than December 31,2024,to require each city and
17 county within Metro to:
18 (A)By December 31,2025,local government adopt boundaries for allion of Region 2010 regional and town
19 centers identified on Metro's 2040 Growth Concept map for which the city or county has adopted urban land
20 use designations in their comprehensive plan,except for any portions of centers that have boundaries adopted
21 by another city or county;and land use regulations as described in the acknowledged urban growth
22 management functional plan.Within the Metro urban growth boundary,a county with planning jurisdiction in
23 ,
24
25 December 31,2025.
26 (B)Adopt boundaries for any other regional and town center identified on Metro's 2040 Growth Concept map
27 when the city or county adopts urban land use designations for the area of that center in their comprehensive
28 plan,unless portions of the center have boundaries already adopted by another city or county;and
29 (C)Identify boundaries for regional and town centers that are adopted pursuant to this subsection to be located
30 in the general area of the center as identified in the Metro 2040 Growth Concept map.
31 (e)Cities and counties shall adopt land use regulations to meet the requirements of OAR 660-012-0330 no later
32 than the date of adoption of a major transportation system plan update as provided in OAR 660-012-0105.
33 The change in this subsection is for language consistency.
34 (f)Cities and counties shall adopt comprehensive plan amendments and land use regulations meeting
35 requirements provided in OAR 660-012-0400,OAR 660-012-0405,and OAR 660-012-0415 through OAR 660-
36 012-0450 no later than June 30,2023,except as provided below.If a city or county has not done so,it may not
37 applenforce parking mandates after that date.
38 (A)Cities and counties that pass population thresholds in OAR 660-012-0400,OAR 660-012-0415,or OAR
39 660-012-0450 must adopt comprehensive plan amendments and land use regulations meeting requirements
40 within 12 months of passing those population thresholds.
41 (B)If cities and counties adopt an approach in OAR 660-012-0445,policies must take effect no later than June
42 30,2023.
43 (C)Cities and counties adopting an approach in OAR 660-012-0435 shall do so concurrently with adoption of
44 any climate-friendly area under OAR 660-012-0315.
45 (g)Cities choosing to report on the share of on-street parking spaces that are priced as provided in OAR 660-012-
46 0450(1)(b)must:
47 (A)Demonstrate at least five percent of on-street parking spaces are priced by September 30,2023;and
48 (B)Demonstrate at least 10 percent of on-street parking spaces are priced by September 30,2025.
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1 (5)The following dates and provisions may not be adjusted through proposed alternative dates as provided in
2 section(3):
3 The change in this subsection addresses charge item 4. Staff have changed this subsection to match the
4 recommendation to postpone the effective date of ORS 660-012-0210.
5 (a)The provisions of OAR 660-012-0210 take effect June 30,2024 December 31,2027.
6 (b)A city or county that is subject to the requirements of OAR 660-012-0310 shall submit a study of climate-
7 friendly areas as provided in OAR 660-012-0315(4)and(5)by December 31,2023.
8 (c)The provisions of OAR 660-012-0310(4)(a)and(b)take effect June 30,2023.
9 (d)Cities shall implement the requirements for electric vehicle charging as provided in OAR 660-012-0410 no
10 later than March 31,2023.
11 (e)Cities and counties shall implement the requirements of OAR 660-012-0430 and 660-012-0440 when
12 reviewing development applications submitted after December 31,2022.
13 This new subsection addresses charge item 3. The new subsection means that during the interim period
14 before December 31, 2029, local governments need not adopt a major update to their transportation
15 system plan meeting all updated requirements to expand an urban growth boundary.
16 (f)The provisions of OAR 660-012-0350(1)(a)take effect December 31,2029.
17 This new subsection means that cities and counties need not adopt a new transportation system plan in
18 the case where they need to use to authorization process in OAR 660-012-0830 in the interim period.
19 (g)The provisions of OAR 660-012-0830(2)(b)take effect upon the adoption of a major update to the local
20 transportation system plan
21 (6)Cities and counties with voter-approved bond-funded projects where the election occurred before January 1,
22 2022 may use approved bond funding as a factor when prioritizing projects in an unconstrained project list as
23 provided in OAR 660-012-0170(4).
24 (7)The first reporting year for the reporting requirements provided in OAR 660-012-0900 is 2023,with reports due
25 no later than May 31,2024.
26 Statutory/Other Authority:ORS 197.040
27 Statutes/Other Implemented:ORS 197.712,ORS 197.296,ORS 455.417
28 660-012-0100: Transportation System Plans in Metropolitan Areas
29 This changes in this rule are for clarity.
30 (1)Cities and counties shall develop and adopt a transportation system plan.Cities and counties shall develop a
31 transportation system plan and amendments to that plan consistent with the provisions of OAR 660-012-0105
32 through OAR 660-012-0215.A transportation system plan includes the following elements:
33 (a)The core transportation system plan elements as provided in section(2);
34 (b)Funding projections as provided in OAR 660-012-0115;
35 (c)A transportation options element as provided in OAR 660-012-0145;
36 (d)An unconstrained project list as provided in OAR 660-012-0170;
37 (e)A financially-constrained project list as provided in OAR 660-012-0180;
38 (f)Any refinement plans adopted as provided in OAR 660-012-0190;
39 (g)A pedestrian system element as provided in OAR 660-012-0500;
40 (h)A bicycle system element as provided in OAR 660-012-0600;
41 (i)A public transportation system element as provided in OAR 660-012-0700;and
42 (j)A street and highway system element as provided in OAR 660-012-0800.
43 (2)A transportation system plan shall include the following core elements:
44 (a)The base and planning horizon years as provided in section(3)of this rule;
45 (b)The land use assumptions as provided in OAR 660-012-0340;
46 (c)A list of all elements of the plan,and the date of adoption or amendment of each;
47 (d)The coordinated land use and transportation system planning policies in themes comprehensive plan;
48 (e)The local transportation system plan goals and policies;
49 (f)Areas with concentrations of underserved populations as provided in OAR 660-012-0125,identified using best
50 available data;
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(g)A record of the engagement,involvement,and decision-making processes used in development of the plan,as
2 provided in OAR 660-012-0130;
3 (h)A major equity analysis as provided in OAR 660-012-0135 or an engagement-focused equity analysis as
4 provided in OAR 660-012-0135 for urban areas under 5,000 in population;and
5 (i)The dates of each report made to the director as provided in OAR 660-012-0900,including all applicable city
6 and county reports for the planning area.
7 (3)Cities and counties shall determine the base and horizon years of a transportation system plan as follows:
8 (a)The base year is the present or past year which is used for the development of plan elements.The base year
9 shall be the year of adoption of a major update to the Ttransportation System planUpdatc,or no earlier than
10 five years prior.
11 (b)The horizon year is the future year for which the plan contains potential projects and shall be at least twenty
12 years from the year of adoption of a major update to the transportation system plan.
13 (4)The director may grant a whole or partial exemption from the requirements of this division to cities and counties
14 with a population of less than 10,000 within the urban area.The director may also grant a whole or partial
15 temporary exemption from the requirements of this division to jurisdictions of any size that are newly included in
16 an existing metropolitan area or a newly designated metropolitan area.The director shall use the criteria and
17 process as provided in OAR 660-012-0055(7)to decide to approve an exemption.
18 (5)The development of a transportation system plan shall be coordinated with affected cities,counties,
19 transportation facility owners,and transportation service providers,and transportation options providers.
20 (6)Adoption or amendment of a transportation system plan shall constitute the land use decision regarding the
21 function,mode,general location,and need for transportation facilities,services,and major improvements.
22 (7)Adoption or amendment of a transportation system plan shall include findings of compliance with applicable
23 statewide planning goals,acknowledged comprehensive plan policies,and land use regulations.
24 (8)Cities and counties shall design transportation system plans to achieve transportation performance targets as
25 provided in OAR 660-012-0910.
26 (9)Metro shall adopt a regional transportation system plan provided in OAR 660-012-0140.
27 (10)Cities and counties in the Portland Metropolitan Area shall additionally meet the requirements as provided in
28 OAR 660-012-0140.
29 Statutory/Other Authority:ORS 197.040
30 Statutes/Other Implemented:ORS 197.012,ORS 197.180,ORS 197.200,ORS 197.274,ORS 197.712
31 660-012-0110: Transportation System Planning Area
32 (1)The planning area for transportation system plans is the area within the acknowledged urban growth boundary.
33 The unincorporated area within urban growth boundaries is the urbanizable area.
34 (2)Cities and counties are responsible for cooperatively developing transportation system plans within the urban
35 area,including the urbanizable area. Cities and counties shall jointly determine and agree how transportation
36 system planning will occur in the urbanizable area,including plan adoption.
37 (a)Cities may develop and adopt a single transportation system plan for the entire urban area;
38 (b)A county may choose to develop and adopt a separate transportation system plan for areas in the urbanizable
39 area;or
40 (c)A city and county may jointly determine the geographic extent of each of their transportation system plans
41 within the urban area.
42 The changes in this section address charge items 5 and 6. The changes remove confusing provisions for
43 counties. The rules should be clear throughout when they apply to cities or counties.
44 (3)Counties planning for urban areas as provided in this rule,and associated cities,shall meet these requirements:
45 (a)Counties shall meet the applicable requirements of this division as if they were a city,even when requirement)
46 only refer to cities.
47 (ah)Both the city and county shall meet all applicable requirements of this division based on the population of the
48 entire urban area,except where a population threshold in a rule specifically refers to the population of the urban
49 unincorporated area.
50 (be)When a county develops a transportation system plan for a portion of the urban area within an urban growth
51 boundary,both transportation system plans must have the same planning horizon year.This subsection does not
52 apply in urban areas with more than one city or in the Portland Metropolitan Area.
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1 (4)Counties shall plan areas outside urban growth boundaries as rural,regardless of location within a metropolitan
2 area. Counties planning for unincorporated communities within a metropolitan area must meet requirements
3 provided in OAR chapter 660,division 22.
4 Statutory/Other Authority:ORS 197.040
5 Statutes/Other Implemented:ORS 197.012,ORS 197.712
6 660-012-0135:Equity Analysis
7 (1)Cities and counties shall determine whether the land use and transportation plans required in this division
8 improve outcomes for underserved populations by using an equity analysis.An equity analysis is intended to
9 determine benefits and burdens on underserved populations,as identified in OAR 660-012-0125.
10 This section has been added to address charge item 7. The new section clarifies which circumstances
11 require each type of equity analysis. This does not change which types of analysis are required, only lists
12 them in this rule.
13 (2)A city or county must engage in either a major equity analysis or an engagement-focused equity analysis as
14 provided in this division,including in the following circumstances:
15 (a)A major equity analysis must be conducted when making a major update to a transportation system plan for an
16 urban area of 5,000 in population or larger,as provided in OAR 660-012-0100(2).
17 (b)An engagement-focused equity analysis must be conducted:
18 (A)When making a major update to a transportation system plan for an urban area under 5,000 in population,as
19 provided in OAR 660-012-0100(2);
20 (B)When making a minor update to a transportation system plan,as provided in OAR 660-012-0105(1);
21 (C)When designating a climate-friendly area,as provided in OAR 660-012-0315(4)(c);and
22 (D)When choosing to authorize a proposed facility,as provided in OAR 660-012-0830(2)(f).
23 (33)A city or county engaging in a major equity analysis shall conduct all the actions in the engagement-focused
24 equity analysis in section(34).In addition,a city or county shall:
25 (a)Assess,document,acknowledge,and address where current and past land use,transportation,and housing
26 policies and effects of climate change have harmed or are likely to harm underserved populations;
27 (b)Assess,document,acknowledge,and address where current and past racism in land use,transportation,and
28 housing has harmed or is likely to harm underserved populations;
29 (c)Identify geographic areas with significantly disproportionate concentrations of underserved populations;
30 (d)Develop key performance measures as required in OAR 660-012-0905,or review existing performance
31 measures,for key community outcomes as provided in subsection(34)(a)over time;and
32 (e)Use the best available data in conducting sections(a)through(d).
33 (34)A city or county conducting an engagement-focused equity analysis shall:
34 (a)Engage with members of underserved populations as identified in OAR 660-012-0125 to develop key
35 community outcomes;
36 (b)Gather,collect,and value qualitative and quantitative information,including lived experience,from the
37 community on how the proposed change benefits or burdens underserved populations;
38 (c)Recognize where and how intersectional discrimination compounds disadvantages;
39 (d)Analyze the proposed changes for impacts and alignment with desired key community outcomes and key
40 performance measures under OAR 660-012-0905;
41 (e)Adopt strategies to create greater equity or minimize negative consequences;and
42 (f)Report back and share the information learned from the analysis and unresolved issues with people engaged as
43 provided in subsection(a).
44 Statutory/Other Authority:ORS 197.040
45 Statutes/Other Implemented:ORS 197.012,ORS 197.712
46 660-012-0140:Transportation System Planning in the Portland Metropolitan Area
47 (1)This rule applies to cities and counties in the Portland Metropolitan Area,and Metro.In the Portland
48 Metropolitan Area,cities and counties shall develop and adopt local transportation system plans as provided in
49 OAR 660-012-0100.Metro shall develop and adopt a regional transportation system plan as provided in this rule.
50 (2)Cities and counties shall amend comprehensive plans,land use regulations,and transportation system plans to be
51 consistent with Metro's regional transportation system plan. Consistent means city and county comprehensive
52 plans and implementing ordinances conform with the policies and projects in the regional transportation system
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1 plan.If Metro finds a local transportation system plan is consistent with the Regional Transportation Functional
2 Plan,the transportation system plan shall be deemed consistent with the regional transportation system plan.
3 (3)Metro shall prepare,adopt,amend,and update a regional transportation system plan in coordination the with
4 regional transportation plan required by federal law.Insofar as possible,the regional transportation system plan
5 shall be accomplished through a single coordinated process that complies with the applicable requirements of
6 federal law and this division.
7 (a)When Metro adopts or amends the regional transportation plan to comply with this division as provided in this
8 section,Metro shall review the adopted plan or amendment and either:
9 (A)Adopt findings that the proposed regional transportation plan amendment or update is consistent with the
10 applicable provisions of adopted regional transportation system plan and compliant with applicable
11 provisions of this division;or
12 (B)Adopt amendments to the regional transportation system plan that make the regional transportation plan
13 consistent and compliant with applicable provisions of this division.Necessary plan amendments or updates
14 shall be prepared and adopted in coordination with the federally-required plan update or amendment. Such
15 amendments shall be initiated no later than 30 days from the adoption of the regional transportation plan
16 amendment or update and shall be adopted no later than one year from the adoption of the regional
17 transportation plan amendment or update or according to a work program approved by the commission.A
18 plan amendment is initiated for purposes of this subsection where the affected local government files a post-
19 acknowledgement plan amendment notice with the department as provided in OAR 660-018-0020.
20 (b)Adoption or amendment of the regional transportation plan relates to compliance with this division for
21 purposes of this section if it does one or more of the following:
22 (A)Changes plan policies;
23 (B)Adds or deletes a project from the list of planned transportation facilities,services,or improvements or from
24 the financially-constrained project list required by federal law;
25 (C)Modifies the general location of a planned transportation facility or improvement;
26 (D)Changes the functional classification of a transportation facility;or
27 (E)Changes the planning period or adopts or modifies the population or employment forecast or allocation
28 upon which the plan is based.
29 (c)The following amendments to the regional transportation plan do not relate to compliance with this division
30 for purposes of this section:
31 (A)Adoption of an air quality conformity determination;
32 (B)Changes to a federal revenue projection;
33 (C)Changes to estimated cost of a planned transportation project;or
34 (D)Deletion of a project from the list of planned projects where the project has been constructed or completed.
35 (4)Notwithstanding any requirement in this division,Metro may adopt provisions into a regional functional plan
36 that require cities and counties to meet an additional requirement for transportation system planning where Metro
37 finds that the additional requirement is necessary to meet regional planning objectives and supports the purposes
38 of this division.
39 The changes in this section address charge item 5. The changes provide additional flexibility for setting
40 the horizon year of local transportation system plans in the Portland Metropolitan Area to match the
41 horizon date of the regional transportation plan.
42 (5)Notwithstanding requirements for transportation system planning areasplans provided in OAR 660-012-0100
43 through OAR 660-012-0110:
44 (a)Metro shall work cooperatively with cities and counties to determine responsibility for planning areas in the
45 urbanizable area.Where a county has responsibility for a planning area,the county must meet the requirements
46 as provided for counties in OAR 660-012-0110;
47 (b)Counties planning for unincorporated areas within the urban growth boundary shall meet all applicable
48 requirements based on the population of the planning area;-atd
49 (c)Counties and cities need not have the same planning horizon year. and
50 (d)Cities or counties may set the horizon year of a local transportation system plan to match the horizon year of
51 the adopted regional transportation plan.
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1 (6)Notwithstanding requirements for transportation system inventories as provided in OAR 660-012-0150,Metro
2 shall prescribe inventory requirements in transportation system plans for cities and counties in a regional
3 functional plan.
4 (7)Metro may propose alternative requirements in lieu of requirements provided in this division.
5 (a)The director shall review proposed alternative requirements to make a recommendation to the commission as
6 to whether the proposed alternative requirements would meet the objectives of the original requirements and
7 support the purposes of this division.
8 (b)The commission shall hold a hearing to review the proposed alternative requirements and the director's
9 recommendation.If the commission finds that the proposed alternative requirements meet the objectives of the
10 original requirements and support the purposes of this division,then the commission shall issue an order
11 approving the proposed alternative requirements;otherwise,the commission shall remand the proposed
12 alternative requirements to Metro with specific directions for changes needed to meet the objectives of the
13 original requirement and support the purposes of this division.
14 (c)Upon approval by the commission,Metro may adopt the proposed alternative requirements into a regional
15 functional plan.Upon adoption by Metro,cities and counties that comply with the alternative requirements of
16 the regional functional plan are no longer required to meet the specific requirements of this division as
17 described in the commission order.
18 Statutory/Other Authority:ORS 197.040
19 Statutes/Other Implemented:ORS 184.899,ORS 197.012,ORS 197.274,ORS 197.301,ORS 197.712
20 660-012-0155: Prioritization Framework
21 (1)Cities,counties,Metro,and state agencies shall use the framework in this rule for decision making regarding
22 prioritization of transportation facilities and services.Cities,counties,Metro,and state agencies shall consider the
23 following:
24 (a)Prioritization factors as provided in section(3);
25 (b)Classification of facilities or segments as provided in section(4);
26 (c)The planned land use context as provided in section(5);and
27 (d)Expected primary users as provided in section(6).
28 (2)Cities,counties,Metro,and state agencies may use local values determined through engagement as provided in
29 OAR 660-012-0120 to weight various prioritized factors when making prioritization decisions as provided in this
30 division.
31 (3)Cities,counties,Metro,and state agencies shall prioritize transportation facilities and services based on the
32 following factors:
33 (a)Meeting greenhouse gas reduction targets,including:
34 (A)Reducing per-capita vehicle miles traveled to meet greenhouse gas reduction targets provided in OAR 660-
35 044-0020 or OAR 660-044-0025;
36 (B)Supporting compact,pedestrian-friendly patterns of development in urban areas,particularly in climate-
37 friendly areas;
38 (C)Reducing single-occupant vehicle travel as a share of overall travel;and
39 (D)Meeting performance targets set as provided in OAR 660-012-0910.
40 (b)Improving equitable outcomes for underserved populations identified in OAR 660-012-0125;
41 (c)Improving safety,particularly reducing or eliminating fatalities and serious injuries;
42 (d)Improving access for people with disabilities;
43 (e)Improving access to destinations,particularly key destinations identified as provided in OAR 660-012-0360;
44 (f)Completing the multimodal transportation network,including filling gaps and making connections;
45 (g) Supporting the economies of the community,region,and state;and
46 (h)Other factors determined in the community.
47 The change in this section addresses charge item 8. The change clarifies that local governments may
48 apply mode-specific functional classifications to facilities.
49 (4)Cities,counties,Metro,and state agencies shall consider the functional classification of planned or existing
50 transportation facilities or segments when making decisions about appropriate transportation facilities and
51 services.Cities,counties,Metro,and state agencies may establish different mode-specific functional
52 classifications for each mode on any facility or segment that they own and operate.
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1 (5)Cities,counties,Metro,and state agencies shall consider the planned land use context around an existing or
2 planned transportation facility or segment when making decisions about appropriate transportation facilities and
3 services.
4 (a)Within climate-friendly areas,cities,counties,Metro,and state agencies shall prioritize pedestrian,bicycle,
5 and public transportation facilities and services.Cities,counties,Metro,and state agencies shall ensure facilities
6 are planned for these modes to experience safe,low stress,and comfortable travel for people of all ages and
7 abilities within climate-friendly areas with minimal interference from motor vehicle traffic.
8 (b)In areas with concentrations of underserved populations,cities,counties,Metro,and state agencies shall
9 prioritize transportation projects addressing historic and current marginalization.Proposed transportation
10 projects in these areas must work to rectify previous harms and prevent future harms from occurring.These
11 areas may have suffered from disinvestment or harmful investments,including transportation system
12 investments. Such harms include but are not limited to displacement,increased exposure to pollutants,
13 destruction and division of neighborhoods,heat islands,and unsafe conditions for pedestrians,cyclists,transit
14 users,and others.
15 (6)Cities,counties,Metro,and state agencies shall consider the expected primary users of an existing or planned
16 transportation facility or segment when making decisions about appropriate transportation facilities and services.
17 In particular:
18 (a)In areas near schools or other locations with expected concentrations of children,or areas with expected
19 concentrations of older people or people with disabilities,cities,counties,Metro,and state agencies must
20 prioritize safe,protected,and continuous pedestrian and bicycle networks connecting to key destinations,
21 including transit stops.
22 (b)In industrial areas,along routes accessing key freight terminals,and other areas where accommodations for
23 freight are needed,cities,counties,Metro,and state agencies must consider the needs of freight users.
24 Pedestrian,bicycle,and public transportation system connections must be provided in industrial areas at a level
25 that provides safe access for workers.
26 Statutory/Other Authority:ORS 197.040
27 Statutes/Other Implemented:ORS 197.012,ORS 197.180,ORS 197.712,ORS 468A.205
28 660-012-0180:Financially-Constrained Project List
29 (1)Cities and counties shall include a financially-constrained project list in a transportation system plan. Cities and
30 counties shall use the prioritized unconstrained project list developed as provided in OAR 660-012-0170 and the
31 amount of funding available developed as provided in OAR 660-012-0115 to produce the financially-constrained
32 project list.
33 (2)Cities,counties,Metro,and the state may only develop,fund,and construct projects on the financially-
34 constrained project list.
35 (a)Cities and counties may only submit projects on the financially-constrained project list in their transportation
36 system plan to the financially-constrained list of a federally-required regional transportation plan.
37 The changes to this subsection address charge item 9. The intent of this provision is to allow projects that
38 happen along with development to occur even if they are not on the financially-constrained project list.
39 This is because often these types of projects are opportunistic, depending on property development
40 which may not have been anticipated. The adopted language could be interpreted in ways that were not
41 intended.
42 (b)Cities and counties may permit projects on the unconstrained project list but not on the financially constrained
43 list to be constructed if the projcct is built by a property owner as a requirement of land development and the
44 project would not require review as provided in OAR 660 012 0830.Cities and counties may develop, fund,or
45 construct a project on the unconstrained project list if:
46 (A)The project is required as a condition of land development;
47 (B)A property owner is providing financial or material contributions to the project;and
48 (C)The project would not require review as provided in OAR 660-012-0830.
49 (3)Cities and counties shall create a financially-constrained project list using the top available projects on the
50 prioritized unconstrained project list and the planning-level cost estimates developed as provided in OAR 660-
51 012-0170. The sum of the planning-level cost estimates for projects placed on the financially-constrained project
52 list shall not exceed 125 percent of the funding available as identified in OAR 660-012-0115.Cities and counties
53 shall select projects such that the resulting financially-constrained list would:
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1 (a)Reduce per capita vehicle miles traveled,as provided in OAR 660-012-0160;
2 (b)Burden underserved populations less than and benefit underserved populations as much or more as the city or
3 county population as a whole;and
4 (c)Make significant progress towards meeting the performance targets set for each performance measure as
5 provided in OAR 660-012-0910 or OAR 660-044-0110.
6 (4)If the list of projects cannot meet each test in section(3),the city or county must adjust the project list to find the
7 highest-ranking set of projects that can meet the criteria in section(3).This is the financially-constrained project
8 list.
9 (5)Cities or counties making a major or minor amendment to the transportation system plan as provided in OAR
10 660-012-0105 which includes an update to any project list,shall update the financially-constrained project list as
11 provided in this rule.
12 (6)Cities and counties shall prioritize the implementation of projects from the financially-constrained project list for
13 their ability to reduce climate pollution and improve equitable outcomes using the criteria provided in section(3)
14 of this rule.
15 Statutory/Other Authority:ORS 197.040
16 Statutes/Other Implemented:ORS 184.899,ORS 197.012,ORS 197.712,ORS 468A.205
17 660-012-0210: Transportation Modeling and Analysis
18 The change to this rule postpones the effective date of this rule to allow for a future process to review and
19 refine this rule. The not yet in effect adopted text of the rule will remain for now, but it is staffs intention to
20 review and recommend amendments to this rule prior to the effective date.
21 (1)This rule does not become effective until December 31,2027.
22 (42)A city or county relying on transportation models or mathematical analysis of the transportation system to make
23 a land use decision shall do so consistently with this rule.
24 (23)The model or analysis must account for changes in vehicle miles traveled per capita that would result from any
25 transportation projects proposed as a part of the land use decision.
26 (34)The assumptions and inputs used with the modeling or analysis must be consistent with acknowledged plans.
27 (45)The modeling or analysis must demonstrate that the land use decision will not increase vehicle miles traveled
28 per capita.
29 Statutory/Other Authority:ORS 197.040
30 Statutes/Other Implemented:ORS 197.012,ORS 197.712
31 660-012-0215: Transportation Performance Standards
32 The changes in this rule address charge item 10. The changes fix a numbering error.
33 (1)This rule applies to transportation performance standards that cities and counties use to review comprehensive
34 plan and land use regulation amendments as provided in OAR 660-012-0060.If a city or county requires
35 applicants to analyze transportation impacts as part of development review in acknowledged local land use
36 regulations,then that review must include evaluation of the performance standards established under this rule.
37 This rule applies to transportation performance standards that Metro uses to review functional plan amendments
38 as provided in OAR 660-012-0060.
39 (2)Cities and counties shall adopt transportation performance standards.The transportation performance standards
40 must support meeting the targets for performance measures set as provided in OAR 660-012-0910. The
41 transportation performance standards must include these elements:
42 (3a)Characteristics of the transportation system that will be measured,estimated,or projected,and the methods to
43 calculate their performance;
44 (4b)Thresholds to determine whether the measured,estimated,or projected performance meets the performance
45 standard.Thresholds may vary by facility type,location,or other factors.Thresholds shall be set at the end of
46 the planning period,time of development,or another time;and
47 (5c)Findings for how the performance standard supports meeting the targets for performance measures set as
48 provided in OAR 660-012-0910.
49 The change in this section addresses charge item 11. The change clarifies that Metro may set standards
50 that are to be used across the region.
51 (63)Cities,counties,Metro,and state agencies shall adopt two or more transportation performance standards.Metro
52 may adopt regional performance standards in a functional plan for use across regional and local plans.At least one
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1 of the transportation performance standards must support increasing transportation options and avoiding principal
2 reliance on the automobile.The transportation system plan must clearly establish how to apply the multiple
3 performance standards to a proposal that meets some,but not all,of the transportation performance standards.The
4 transportation performance standards must evaluate at least two of the following objectives for the transportation
5 system,for any or all modes of transportation:
6 (a)Reducing climate pollution;
7 (b)Equity;
8 (c)Safety;
9 (d)Network connectivity;
10 (e)Accessibility;
11 (f)Efficiency;
12 (g)Reliability;and
13 (h)Mobility.
14 Statutory/Other Authority:ORS 197.040
15 Statutes/Other Implemented:ORS 197.012,ORS 197.180,ORS 197.712
16 The title of this rule has been changed to be consistent.
17 660-012-0310: Climate Climate-Friendly Areas
18 (1)This rule,OAR 660-012-0315,and OAR 660-012-0320 apply to cities and counties that:
19 (a)Are within a metropolitan area other than the Portland Metropolitan Area;
20 (b)Are inside incorporated cities or areas within an urban growth boundary as provided in section(3);and
21 (c)Have a population of more than 5,000 within an urban growth boundary.
22 (2)Cities and counties shall study and zone climate-friendly areas for locations that meet the following
23 requirements.
24 (a)Locations able to support development consistent with the land use requirements of OAR 660-012-0320.
25 (b)The locations shall be in existing or planned urban centers,including downtowns,neighborhood centers,
26 transit-served corridors,or similar districts.To the extent practicable,climate-friendly areas should be located
27 within,or in close proximity to,areas planned for,or provided with,high-density residential uses and a high
28 concentration of employment opportunities.
29 (c)The locations shall be in areas that are served,or planned for service,by high quality pedestrian,bicycle,and
30 transit services.
31 (d)The locations shall not be in areas where development is limited or disallowed by provisions adopted pursuant
32 to Statewide Planning Goal 7.Climate-friendly areas may be designated in such areas if the local government
33 has adopted requirements for development that will mitigate potential hazards to life and property,in
34 compliance with Statewide Planning Goal 7.
35 (e)Cities may designate climate-friendly areas within the urban growth boundary,but outside the city limits
36 boundary,if the following requirements are met:
37 (A)The area is contiguous with the city limits boundary;
38 (B)The provision of urban services is contingent upon annexation into the city limits and the area is readily
39 serviceable with urban water,sewer,stormwater,and transportation."Readily serviceable"means that urban
40 infrastructure services are nearby and could be provided to allow construction on the site within one year of
41 an application for a building permit;
42 (C)The zoning that will be applied upon annexation,based on the city's comprehensive plan designation for the
43 area,is consistent with climate-friendly area requirements;
44 (D)The county in which the subject area is located has adopted a consistent comprehensive plan designation for
45 the area;and
46 (E)The city can demonstrate that at least 70 percent of complete annexation applications within the last five
47 years have been approved within one year of the date of complete annexation application.
48 (f)Climate-friendly areas shall have a minimum width of 750 feet,including any internal rights of way that may
49 be unzoned. Contiguous climate-friendly areas with distinct land use requirements may be considered
50 cumulatively to demonstrate compliance with the minimum width requirement.Exceptions to these minimum
51 dimensional requirements are allowed due to natural barriers,such as rivers;or due to long-term barriers in the
52 built environment,such as freeways.Exceptions are also allowed if potential climate-friendly areas are
53 constrained by adjacent areas planned and zoned to meet industrial land needs.
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1 (3)Cities and counties shall designate climate-friendly areas. Counties with planning jurisdiction in unincorporated
2 areas provided with urban water,sanitary sewer,stormwater,and transportation services within an identified
3 urban growth boundary shall coordinate with the respective city or cities to address climate-friendly area
4 requirements for those areas.Areas under county jurisdiction outside urban growth boundaries;or within urban
5 growth boundaries but not provided with urban water,sanitary sewer,stormwater,and transportation services;are
6 not subject to this rule.
7 (4)Cities and counties shall designate climate-friendly areas as they cross the population thresholds in subsections
8 (a)and(b).City population is as determined by the most recently certified Portland State University Population
9 Research Center population estimate.Compliance timelines are based upon the date of the certification of the
10 population estimate. County population within an urban growth boundary may be calculated by interpolating
11 Portland State University Population Research Center's population forecast for the area within an urban growth
12 boundary,then subtracting the certified city population estimate from the total population within the urban growth
13 boundary for the current year.
14 (a)A city or county with a population within an urban growth boundary exceeding 5,000,but less than 10,001
15 shall submit a study of potential climate-friendly areas to the department as provided in OAR 660-012-0315
16 within 545 days of reaching a population exceeding 5,000.The city or county shall subsequently adopt land use
17 requirements as provided in OAR 660-012-0315,and climate-friendly elements to their comprehensive plans
18 within 365 days of the deadline for submittal of the study of potential climate-friendly areas.
19 (b)A city or a county with a population exceeding 10,000 within an urban growth boundary shall submit a study
20 of potential climate-friendly areas to the department as provided in OAR 660-012-0315 within 545 days of
21 reaching a population exceeding 10,000. The city or county shall subsequently adopt land use requirements as
22 provided in OAR 660-012-0315,and climate-friendly elements to their comprehensive plans within 365 days of
23 the deadline for submittal of the study of potential climate-friendly areas.The city or county shall maintain
24 sufficient lands within climate-friendly areas as their population grows,as provided in OAR 660-012-0315.For
25 cities also subject to OAR 660-008-0045,compliance with this requirement shall be demonstrated in each
26 Housing Capacity Analysis following the initial designation of climate-friendly areas.Land use requirements
27 for climate-friendly areas shall be established concurrent or prior to the adoption of the Housing Capacity
28 Analysis as provided in OAR 660-012-0320. Counties subject to this rule shall coordinate with cities to address
29 climate-friendly area requirements within an urban growth boundary.
30 (5)If a city or county has not designated sufficient climate-friendly areas as provided in this rule,the commission
31 may:
32 (a)Initiate periodic review for the city of county to address the requirement;or
33 (b)Issue an enforcement order to the city or county,consistent with ORS 197.646.
34 Statutory/Other Authority:ORS 197.040
35 Statutes/Other Implemented:ORS 197.012,ORS 197.615,ORS 197.646,ORS 197.712
36 The title of this rule has been changed to be consistent.
37 660-012-0315: Designation of Climate-Climate-Friendly Areas
38 (1)The designation of climate-friendly areas refers to the process of studying potential climate-friendly areas and
39 adopting land use requirements and climate-friendly elements into comprehensive plans,as provided in this rule.
40 Cities and counties subject to the requirements of OAR 660-012-0310 with a population greater than 10,000 shall
41 designate climate-friendly areas sufficient to accommodate at least 30 percent of the total identified number of
42 housing units necessary to meet all current and future housing needs by calculating zoned building capacity as
43 provided in section(2),or using an alternative methodology as provided in OAR 660-012-0320(10).
44 (a)A local government may designate one or more climate-friendly areas to accommodate at least 30 percent of
45 housing units.
46 The changes in this subsection are part of the temporary rules adopted by the commission in April.
47 (b)The total number of housing units necessary to meet all current and future housing needs shall be determined
48 from the local government's most recently adopted and acknowledged analysis of housing capacity analysisand
49 needed housing consistent with ORS 197.296 at the time it was adopted,by adding the total number of existing
50 dwelling units identified in the buildable land inventory to the anticipated number of future needed housing
51 units over the planning period of the housing capacity analysis.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 The changes in this section are part of the temporary rules adopted by the commission in April.
2 (2)Cities and counties subject to section(1)shall calculate the housing unit capacity within climate-friendly areas,
3 as follows:
4 (a)Regardless of existing development in a climate-friendly area,determine the potential square footage of zoned
5 building capacity for each net developable area based on existing or anticipatedproposed development standards
6 wfor the climate-friendly area,including applicable setbacks,allowed building heights,open space
7 requirements,on-site parking requirements,and similar all other applicable regulations that would impact the
8 developable site area.Within developed areas with no blocks greater than 5.5 acres,analysis of net developable
9 areas may be conducted for each city block,without regard to property boundaries within the block.Within
10 areas of 5.5 acres or more bounded by streets of 5.5 acres or more,the local government shall assume the same
11 ratio of tetal-gross land area to net land area as that which exists in the most fully developed urban center within
12 the city or county.
13 (b)Where the local government has not established a maximum building height,assumed building height shall be
14 85 feet.For the purpose of calculating zoned building capacity,cities and counties may assume the following
15 number of floors within multistory buildings,based on allowed building heights:
16 (A)Thirty feet allows two floors.
17 (B)Forty feet allows three floors.
18 (C)Fifty feet allows for four floors.
19 (BD)Sixty feet allows for five floors.
20 (E) Seventy-five feet allows for six floors.
21 (GF)Eighty-five feet allows for seven floors.
22 (c)If a local government allows height bonuses above the maximum building heights used for calculations in
23 subsection(b),the local government may include 25 percent of that additional zoned building capacity when the
24 bonuses:
25 (A)Allow building heights above the minimums established in OAR 660-012-0320(8);and,
26 (B)Allow height bonuses for publicly-subsidized housing serving households with an income of 80 percent or
27 less of the area median household income,or height bonuses for the construction of accessible dwelling units,
28 as defined in OAR 660-008-0050(4)(a),in excess of minimum requirements.
29 (d)Local governments shall assume that residential dwellings will occupy 30 percent of the zoned building
30 capacity calculated in subsections(a),(b),and(c)within climate-friendly areas.Public parks and open space
31 areas within climate-friendly areas that are precluded from development shall not be included in calculations of
32 zoned building capacity,but may be counted towards minimum area and dimensional requirements for climate-
33 friendly areas.Zoning and development standards for public parks and open space areas are exempted from
34 compliance with the land use requirements in OAR 660-012-0320 if the existing zoning standards do not allow
35 residential,commercial,or office uses.
36 (e)Local governments shall assume an average dwelling unit size of 900 square feet.Local governments shall use
37 the average dwelling unit size to convert the square footage of zoned residential building capacity calculated in
38 subsection(d)into an estimate of the number of dwelling units that may be accommodated in the climate-
39 friendly area.
40 (3)Cities and counties subject to the requirements of OAR 660-012-0310 with a population of 10,000 or less shall
41 designate at least 25 acres of land as climate-friendly area.
42 (4)Cities and counties must submit a study of potential climate-friendly areas to the department as provided in this
43 rule.The study of potential climate-friendly areas shall include the following information:
44 (a)Maps showing the location and size of all potential climate-friendly areas.Cities and counties shall use the
45 study process to identify the most promising area or areas to be chosen as climate-friendly areas but are not
46 required to subsequently adopt and zone each studied area as a climate-friendly area.
47 (b)Cities and counties subject to section(1)shall provide preliminary calculations of zoned residential building
48 capacity and resultant residential dwelling unit capacity within each potential climate-friendly area consistent
49 with section(2),or using an alternative methodology as provided in OAR 660-012-0320(10),and using land use
50 requirements within each climate-friendly area as provided in OAR 660-012-0320.Potential climate-friendly
51 areas must be cumulatively sized and zoned to accommodate at least 30 percent of the total identified number of
52 housing units as provided in section(1).
53 (c)A community engagement plan for the designation of climate-friendly areas,including the process to adopt
54 associated amendments to the comprehensive plan and zoning code,consistent with the requirements of OAR
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Transportation Planning Rules OAR Chapter 660,Division 12
1 660-012-0120 through 660-012-0130.The community engagement plan shall be consistent with the
2 requirements for an engagement-focused equity analysis as provided in OAR 660-012-0135(34).
3 (d)Analysis of how each potential climate-friendly area complies,or may be brought into compliance,with the
4 requirements of OAR 660-012-0310(2).
5 (e)A preliminary evaluation of existing development standards within the potential climate-friendly area(s)and a
6 general description of any changes necessary to comply with the requirements of OAR 660-012-0320.
7 (f)Plans for achieving fair and equitable housing outcomes within climate-friendly areas,as identified in OAR
8 660-008-0050(4)(a)-(f).Analysis of OAR 660-008-0050(4)(f)shall include analysis of spatial and other data to
9 determine if the rezoning of potential climate-friendly areas would be likely to displace residents who are
10 members of state and federal protected classes.The local government shall also identify actions that may be
11 employed to mitigate or avoid potential displacement.
12 (5)Cities and counties shall submit climate-friendly area study reports required in section(4).Following submittal,
13 the department shall review reports as follows:
14 (a)Within 30 days of receipt of the report,the department shall:
15 (A)Post a complete copy of the submitted report on the department's website along with a statement that any
16 person may file a written comment regarding the submitted report no more than 21 days after the posting of
17 the report.
18 (B)Provide notice to persons described under ORS 197.615(3)(a),directing them to the posting described in
19 paragraph(A)and informing them that they may file a written comment regarding the submitted report no
20 more than 21 days after the posting of the report.
21 (b)Within 60 days of posting of the report on the department's website,the department shall provide written
22 comments to the local government regarding the report information and the progress made to identify suitable
23 climate-friendly areas.The department shall also provide the local government with any written comments
24 submitted by interested persons,as provided in subsection(a).
25 The changes in this section are part of temporary rules adopted by the commission in April.
26 (6)Cities and counties must adopt land use requirements as provided in OAR 660-012-0320,and clearly identify the
27 climate-friendly elements toareas in their comprehensive plan maps,comprehensive plans,zoning maps,or zoning
28 codes;indicated by land use designation,overlay zone,or similar mechanisms.Adoption of land use requirements
29 and findings for the climate friendly element of the comprehensive plan,code,or map amendment shall include
30 the following:
31 (a)Cities and counties subject to section(1)shall provide maps showing the location of all adopted climate-
32 friendly areas,and supplemental materialsincluding calculations to demonstrate that climate-friendly areas
33 contain sufficient zoned residential building capacity to accommodate 30 percent of total housing units as
34 provided in section(2),or using an alternative methodology as provided in OAR 660-012-0320(10),and based
35 on adopted land use requirements in these areas as provided in OAR 660-012-0320. Cities and counties subject
36 to section(3)shall provide maps showing the location of the adopted climate-friendly area.Local governments
37 subject to(1)or(3)shall include findings containing the information and analysis required in section(4)for any
38 climate-friendly areas that were not included in the initial study specified in section(4).
39 (b)Documentation of the number of total existing dwelling units,accessible dwelling units,and income-restricted
40 dwelling units within all climate-friendly areas.Where precise data is not available,local governments may
41 provide estimates based on best available information.
42 (c)Documentation that all adopted and applicable land use requirements for climate-friendly areas are consistent
43 with the provisions of OAR 660-012-0320.
44 (d)Adoption of a climate friendly element into the comprehensive plan containing findings and analysis
45 -summarizing the local government climate friendly area designation decision process and demonstration of
46 compliance with the provisions of OAR 660 012 0310 through 660 012 0325.Additionally,aAdopted findings
47 shall demonstrate compliance with the provisions of OAR 660-012-0310 through 660-012-0325,and shall
48 include:
49 (A)Identification of all ongoing and newly-added housing production strategies the local government shall use
50 to promote the development of affordable housing in climate-friendly areas. The local government may use
51 the Housing Production Strategy Guidance for Cities to review and identify potential strategies,as provided
52 in OAR 660-008-0050(3).These strategies shall be incorporated into future housing production strategy
53 reports,as provided in OAR chapter 660,division 8.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 (B)Identification of all ongoing and newly-added housing production strategies the local government shall use
2 to prevent the displacement of members of state and federal protected classes in climate-friendly areas.
3 Findings shall include a description of how the strategies will be implemented based on consideration of
4 identified neighborhood typologies and the most effective measures to prevent displacement based on
5 typology.The local government may use the Housing Production Strategy Guidance for Cities,along with the
6 department's"Anti-Displacement and Gentrification Toolkit"to identify the most effective measures to
7 prevent displacement based on neighborhood typologies.These strategies shall be incorporated into future
8 housing production strategy reports,as provided in OAR chapter 660,division 8.
9 (7)For cities and counties identified in section(1),the information provided in compliance with subsections(6)(b)
10 and(d)shall provide a basis for subsequent Housing Production Strategy Reports to assess progress towards fair
11 and equitable housing production goals in climate-friendly areas,as provided in OAR 660-008-0050(4)(a).
12 Statutory/Other Authority:ORS 197.040
13 Statutes/Other Implemented:ORS 197.012,ORS 197.712
14 The title of this rule has been changed to be consistent.
15 660-012-0320:Land Use Requirements inclimate-Climate-Friendly Areas
16 The changes to this section provide clarity regarding reduced development expectations when using the
17 outcome-oriented approach in section (9).
18 (1)Cities and counties subject to the provisions of OAR 660-012-0310 shall incorporate the requirements in sections
19 (2)through(7)of this rule into policies and development regulations that apply in all climate-friendly areas.Cities
20 and counties shall either incorporate the provisions in section(8)into development regulations for climate-
21 friendly areas,or shall demonstrate with adopted findings and analysis that alternative development regulations
22 for climate-friendly areas will comply with the requirements in result in equal or higher levels of development in
23 climate friendly areas as provided in section(9).If adopting more than one climate-friendly area,a city or county
24 may demonstrate compliance with either section(8)or section(9)for each climate-friendly area,provided that all
25 requirements for each respective climate-friendly area are met.
26 The changes to this section address charge item 1. The changes incorporate the consistent use of the
27 term "multi-unit housing. Other changes disallow local governments from requiring ground floor and office
28 uses if a multi-unit residential building contains regulated affordable housing units. This change will
29 facilitate funding for affordable housing,which typically would not support non-residential development.
30 (2)Except as noted in subsection(a)and section(3),development regulations for a climate-friendly area shall allow
31 single-use and mixed-use development within individual buildings and development sites,including the following
32 outright permitted uses:
33 (a)Multi-unit housingfamily residential and attached single-unit housingfamily residential. Other residential
34 building types may be allowed,subject to compliance with applicable minimum density requirements in section
35 (8)of this rule,or alternative land use requirements as provided in section(9).Notwithstanding this section,
36 local governments may require ground floor commercial and office uses within otherwise single-use multi:
37 unitfamily residential buildings,unless a multi-unit building will contain units subject to a recorded agreement
38 that runs with the land and requires affordability for an established income level for a defined period of time.
39 (b)Office-type uses.
40 (c)Non-auto dependent retail,services,and other commercial uses.
41 (d)Child care,schools,and other public uses,including public-serving government facilities.
42 The changes to this section provide consistency with the modified outcome-oriented approach described
43 in section (9),which no longer contains requirements for jobs per net acre.
44 (3)Portions of abutting residential or employment-oriented zoned areas within a half-mile walking distance of a
45 mixed-use area zoned as provided in section(1)may count towards climate-friendly area requirements,if in
46 compliance with subsections(a)or(b).Notwithstanding existing development,zoned residential building capacity
47 shall be calculated for the abutting areas based on allowed building heights and existing development standards in
48 these areas,as provided in OAR 660-012-0315(2)or using an alternative methodology as provided in OAR 660-
49 012-0320(10).Residential and employment densities for abutting areas shall correspond to the climate-friendly
50 area type,provided in subsections(8)(a),(b),or(c)or(9)(a),(b),or(c). Employment densities for abutting areas
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Transportation Planning Rules OAR Chapter 660,Division 12
1 shall comply with the thresholds in subsection(b).If subsections(a)or(b)are met,no changes to existing zoning
2 or development standards are required for these areas.
3 (a)Residential areas with minimum residential densities or existing residential development equal to or greater
4 than the densities provided in section(8);or
5 (b)Existing employment uses equal to or greater than the number of jobs per acre provided in paragraphs(A),
6 (B),or(C)as applicablecection(9).
7 (A)Qualifying areas within local governments with a population greater than 5,000 up to 25,000 shall provide
8 at least 20 jobs per net acre.
9 (B)Qualifying areas within local governments with a population greater than 25,000 up to 50,000 shall provide
10 at least 30 jobs per net acre.
11 (C)Qualifying areas within local governments with a population greater than 50,000 shall provide at least 40
12 jobs per net acre.
13 (4)Local governments shall prioritize locating government facilities that provide direct service to the public within
14 climate-friendly areas and shall prioritize locating parks,open space,plazas,and similar public amenities in or
15 near climate-friendly areas that do not contain sufficient parks,open space,plazas,or similar public amenities.
16 Local governments shall amend comprehensive plans to reflect these policies,where necessary. Streetscape
17 requirements in climate-friendly areas shall include street trees and other landscaping,where feasible.
18 (5)Local governments shall establish maximum block length standards as provided below.For the purpose of this
19 rule,a development site consists of the total site area proposed for development,absent previously dedicated
20 rights-of-way,but including areas where additional right-of-way dedication may be required.
21 (a)For development sites less than 5.5 acres in size,a maximum block length of 500 feet or less.Where block
22 length exceeds 350 feet,a public pedestrian through-block easement shall be provided to facilitate safe and
23 convenient pedestrian connectivity in climate-friendly areas. Substantial redevelopment of sites of two acres or
24 more within an existing block that does not meet the standard shall provide a public pedestrian accessway
25 allowing direct passage through the development site such that no pedestrian route will exceed 350 feet along
26 any block face.Local governments may grant exceptions to street and accessway requirements as provided in
27 OAR 660-012-0330(2).
28 (b)For development sites of 5.5 acres or more,a maximum block length of 350 feet or less.Local governments
29 may grant exemptions to street requirements as provided in OAR 660-012-0330(2).
30 (6)Development regulations may not include a maximum density limitation.
31 (7)Local governments shall adopt policies and development regulations in climate-friendly areas that implement the
32 following:
33 (a)The transportation review process in OAR 660-012-0325;
34 (b)The land use requirements as provided in OAR 660-012-0330;
35 (c)The applicable parking requirements as provided in OAR 660-012-0435;and
36 (d)The applicable bicycle parking requirements as provided in OAR 660-012-0630.
37 (8)Local governments shall adopt either the following provisions into development regulations for climate-friendly
38 areas,or the requirements in section(9).Local governments are not required to enforce the minimum residential
39 densities below for mixed-use buildings(buildings that contain residential units,as well as office,commercial,or
40 other non-residential uses)if the mixed-use buildings meet a minimum floor area ratio of 2.0.A floor area ratio is
41 the ratio of the gross floor area of all buildings on a development site,excluding areas within buildings that are
42 dedicated to vehicular parking and circulation,in proportion to the net area of the development site on which the
43 buildings are located.A floor area ratio of 2.0 would indicate that the gross floor area of the building was twice
44 the net area of the site.Local governments are not required to enforce the minimum residential densities below for
45 redevelopment that renovates and adds residential units within existing buildings,but that does not add residential
46 units outside the existing exterior of the building.
47 (a)Local governments with a population greater than 5,000 up to 25,000 shall adopt the following development
48 regulations for climate-friendly areas:
49 (A)A minimum residential density requirement of 15 dwelling units per net acre;and
50 (B)Maximum building height no less than 50 feet.
51 (b)Local governments with a population greater than 25,000 up to 50,000 shall adopt the following development
52 regulations for at least one climate-friendly area with a minimum area of 25 acres.Additional climate-friendly
53 areas may comply with the following standards or the standards in subsection(a).
54 (A)A minimum residential density requirement of 20 dwelling units per net acre;and
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Transportation Planning Rules OAR Chapter 660,Division 12
1 (B)Maximum building height no less than 60 feet.
2 (c)Local governments with a population greater than 50,000 shall adopt the following development regulations
3 for at least one climate-friendly area with a minimum area of 25 acres.Additional climate-friendly areas may
4 comply with the following standards or the standards in subsections(a)or(b):
5 (A)A minimum residential density requirement of 25 dwelling units per net acre;and
6 (B)Maximum building height no less than 85 feet.
7 The changes in this section are part of temporary rules adopted by the commission in April.
8 Typographical errors have been corrected in 9(b)and 9(c). Subsections (a), (b), and (c) have been
9 restructured for improved clarity. The minimum floor area ratio option in Section (9) has been reduced
10 from 2.0 to 1.0 to provide more flexibility for local governments and to be more consistent with the
11 minimum zoned building capacity requirements in subsection (a).
12 (9)As an alternative to adopting the development regulations in section(8),local governments may demonstrate
13 with adopted findings and analysis that their adopted development regulations for climate-friendly areas will
14 provide for equal or higher levels of development in climate-friendly areas than those allowed per the standards in
15 section(8).Additional zoned building capacity of 25 percent may be included for development regulations that
16 allow height bonuses for additional zoned building capacity above established maximums that are consistent with
17 OAR 660-012-0315(2)(c)(B). Specifically,the local government must demonstrate that the alternative
18 development regulations will consistently and expeditiously allow for the levels of development described in
19 subsections(a)-(c).Alternative development regulations must require either a minimum residential density of 15
20 dwelling units per net acre or a minimum floor area ratio of 1.02 0,as described in section(8).below:
21 (a)Local governments with a population greater than 5,000 up to 25,000 shall adopt development regulations to
22 allow a zoned building capacity of at least 60,000 square feet per net acre,based on regulations impacting
23 buildable site area as described in OAR 660-012-0315(2)(a)and(b)and allowed building heights.in climate
24 friendly areas to enable development of at least 20 dwelling units and 20 jobs per net acre.
25 (b)Local governments with a population greater than 25,000 up to 50,000 shall adopt development regulations for
26 at least one climate-friendly area of at least 25 acres to allow a zoned building capacity of at least 90,000 square
27 feet per net acre,based on regulations impacting buildable site area as described in OAR 660-012-0315(2)(a)
28 and(b)and allowed building heights,or at least 90,000 square feet per net acre_enable development of at least
29 30 dwelling units and 30 jobs per net acre.Additional climate-friendly areas may comply with this standard or
30 with the standard in subsection(a).
31 (c)Local governments with a population greater than 50,000 shall adopt development regulations for at least one
32 climate-friendly area of at least 25 acres to allow a zoned building capacity,of at least 120,000 square feet per
33 net acre,based on regulations impacting buildable site area as described in OAR 660-012-0315(2)(a)and(b)
34 and allowed building heights,or at least 120,000 square feet per net acre_enable development of at least 40
35 dwelling units and 40 jobs per net acre.Additional climate-friendly areas may comply with this standard or with
36 the standard in subsections(a)or(b).
37 (10)A local government may provide an alternative methodology for zoned residential building capacity
38 calculations that differs from OAR 660-012-0315(2).The methodology must clearly describe all assumptions and
39 calculation steps,and must demonstrate that the methodology provides an equal or better system for determining
40 the zoned residential building capacity sufficient to accommodate at least 30 percent of the total identified number
41 of housing units necessary to meet all current and future housing needs within climate-friendly areas.The
42 alternative methodology shall be supported by studies of development activity in the region,market studies,or
43 similar research and analysis.
44 Statutory/Other Authority:ORS 197.040
45 Statutes/Other Implemented:ORS 197.012,ORS 197.712
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Transportation Planning Rules OAR Chapter 660,Division 12
1 The title of this rule has been changed to be consistent.
2 660-012-0325: Transportation Review in Climate-Climate-Friendly Areas and Centers
3 The changes to this rule address charge item 12. The changes rearrange some of the provisions of the
4 rule to better clarify the application of the rule to both adopting a climate-friendly area or Region 2040
5 center and reviewing plan or land use regulations within existing climate-friendly areas or Region 2040
6 centers. The changes clarify what actions local governments must take in each circumstance.
7 (1)Cities or counties shall use this rule to review amendments to comprehensive plans or land use regulations within
8 a climate friendly area designated as provided in OAR 660 012 0315 and in Region 2010 centers designated in
9 Title 6 of Metro's Urban Growth Management Functional Plan. Cities and counties shall use this rule to review
10 land use decisions made to implement OAR 660 012 0310 through OAR 660 012 0320.Cities and counties arc
11 exempt from requirements as provided in OAR 660 012 0060 when reviewing amendments to comprehensive
12 plans or land use regulations within a designated climate friendly area and in Region 2040 centers designated in
13 Title 6 of Metro's Urban Growth Management Functional Plan.
14 (1)Cities or counties shall use the provisions of this rule to review amendments to comprehensive plans or land use
15 regulations in lieu of the provisions of OAR 660-012-0060 when the amendment is:
16 (a)To adopt a climate-friendly area as provided in OAR 660-012-0310 through OAR 660-012-0320,or a Metro
17 Region 2040 center;or
18 (b)Within an adopted climate-friendly area or Metro Region 2040 center.
19 (2)Cities and counties making amendments to comprehensive plans or land use regulations to meet requirements as
20 provided in OAR 660 012 0320 must either:
21 (a)Update the transportation system plan as provided in OAR 660 012 0105 and include a multimodal
22 transportation gap summary as provided in section(3)of this rule,considering the proposed land uses in the
23 climate friendly area;or
24 (b)Develop and adopt a multimodal transportation gap summary in coordination with impacted transportation
25 facility providers and transportation service providers as provided in section(3)to meet requirements in OAR
26 660 012 0320.
27 (2)Cities and counties considering amendments to comprehensive plans or land use regulations to adopt or expand a
28 climate-friendly area as provided in OAR 660-012-0310 through OAR 660-012-0320,or a Metro Region 2040
29 center,must make findings,including:
30 (a)A multimodal transportation gap summary as provided in section(4);and
31 (b)The multimodal transportation gap summary must include a highway impacts summary as provided in section
32 (5)if the designated climate-friendly area as provided in OAR 660-012-0315 or Region 2040 center contains a
33 ramp terminal intersection,state highway,interstate highway,or adopted ODOT Facility Plan.
34 (3)Cities and counties considering amendments to comprehensive plans or land use regulations within an adopted
35 climate-friendly area or Metro Region 2040 center must make findings including a highway impacts summary as
36 provided in section(5)if:
37 (a)A city or county is reviewing a plan amendment that includes property in an adopted Interchange Area
38 Management Plan,includes property within one-quarter mile of a ramp terminal intersection,or includes
39 property within one-quarter mile of a state highway segment in an adopted ODOT Facility Plan area;or
40 (b)The city or county is reviewing a plan amendment that would be reasonably likely to result in increasing
41 traffic on the state facility that exceeds the small increase in traffic defined in the Oregon Highway Plan adopted
42 by the Oregon Transportation Commission.
43 (34)A multimodal transportation gap summary must be coordinated between the local jurisdiction,transportation
44 facility providers,and transportation services providers to consider multimodal transportation needs in each
45 climate-friendly area as provided in OAR 660-012-0320 or Region 2040 center.The multimodal transportation
46 gap summary must include:
47 (a)A summary of the existing multimodal transportation network within the climate-friendly area;
48 (b)A summary of the gaps in the pedestrian and bicycle networks in the climate-friendly area,including gaps
49 needed to be filled for people with disabilities,based on the summary of the existing multimodal transportation
50 network;
51 (c)If applicable as provided in section(42),a highway impacts summary as provided in section(5);and
52 (d)A list of proposed projects to fill multimodal network gaps identified in subsection(b).
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Transportation Planning Rules OAR Chapter 660,Division 12
1 ('1)A city or county shall include a highway impacts summary in the multimodal transportation gap summary if the
2 designated climate friendly area as provided in OAR 660 012 0315 or Region 2010 center contains a ramp
3 terminal intersection,state highway,interstate highway,or adopted ODOT Facility Plan.
4 (5)A highway impacts summary must identify how the transportation system may be affected by implementation of
5 the climate-friendly area. The highway impacts summary must include:
6 (a)A summary of the changes between existing and proposed development capacity of the climate-friendly area
7 based on the proposed changes to the comprehensive plan and land use regulations;
8 (b)A summary of the additional motor vehicle traffic generation that may be expected in the planning period,
9 considering reductions for expected complementary mixed-use development,additional multimodal options,
10 and assuming meeting goals for reductions in vehicle miles traveled per capita;and
11 (c)A summary of traffic-related deaths and serious injuries within the climate-friendly area in the past five years.
12 (6)Cities and counties making amendments to adopted land use regulations shall adopt findings including a
13 highway impacts summary as provided in section(5)if:
14 (a)A city or county is reviewing a plan amendment within one quarter mile of a ramp terminal intersection,
15 adopted Interchange Area Management Plan area,or adopted ODOT Facility Plan area,or;
16 (b)The city or county is reviewing a plan amendment that would be reasonably likely to result in increasing
17
18 by the Oregon Transportation Commission.
19 This section has been added to address how plan amendments that affect areas both inside and outside
20 a climate-friendly area or Region 2040 center may be reviewed.
21 (6)Cities and counties considering amendments to comprehensive plans or land use regulations that affect areas
22 both inside and outside an adopted climate-friendly area or Metro Region 2040 center may either:
23 (a)Make separate findings for areas inside the climate-friendly area or Metro Region 2040 center as provided in
24 this rule,and findings for areas outside the climate-friendly area or Metro Region 2040 center as provided in
25 OAR 660-012-0060;or
26 (b)Make findings for all affected areas as provided in OAR 660-012-0060.
27 (7)Cities and counties shall provide notice of proposed adoption of a multimodal transportation gap summary or a
28 revised highway impacts summary to ODOT and other affected transportation facility or service providers prior to
29 submitting notice as provided in OAR 660-018-0020.
30 Statutory/Other Authority:ORS 197.040
31 Statutes/Other Implemented:ORS 197.012,ORS 197.610-197.625,ORS 197.712,ORS 197.717
32 660-012-0330:Land Use Requirements
33 (1)Cities and counties shall implement plans and land use regulations to support compact,pedestrian-friendly,
34 mixed-use land use development patterns in urban areas.Land use development patterns must support access by
35 people using pedestrian,bicycle,and public transportation networks.
36 (2)Cities and counties may allow exemptions to provisions in this rule when conditions on a site or class of sites
37 would make those provisions prohibitively costly or impossible to implement. Cities or counties may adopt land
38 use regulations that provide for exemptions as provided in this section.Any allowed exemption shall advance the
39 purposes of this rule to the extent practical.Conditions that may provide for an exemption include,but are not
40 limited to:
41 (a)Topography or natural features;
42 (b)Railroads,highways,or other permanent barriers;
43 (c)Lot or parcel size,orientation,or shape;
44 (d)Available access;
45 (e)Existing or nonconforming development;
46 (f)To provide for accessibility for people with disabilities;or
47 (g)Other site constraints.
48 (3)Cities and counties shall have land use regulations that provide for pedestrian-friendly and connected
49 neighborhoods.Land use regulations must meet the following requirements for neighborhood design and access:
50 (a)Neighborhoods shall be designed with connected networks of streets,paths,accessways,and other facilities to
51 provide circulation within the neighborhood and pedestrian and bicycle system connectivity to adjacent
52 districts.A connected street network is desirable for motor vehicle traffic but may be discontinuous where
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Transportation Planning Rules OAR Chapter 660,Division 12
1 necessary to limit excessive through-travel,or to protect a safe environment for walking,using mobility
2 devices,and bicycling in the neighborhood.
3 (b)Neighborhoods shall be designed with direct pedestrian access to key destinations identified in OAR 660-012-
4 0360 via pedestrian facilities.
5 (c)Cities and counties shall set block length and block perimeter standards at distances that will provide for
6 pedestrian network connectivity. Cities and counties may allow alleys or public pedestrian facilities through a
7 block to be used to meet a block length or perimeter standard.
8 (d)Cities and counties shall set standards to reduce out-of-direction travel for people using the pedestrian or
9 bicycle networks.
10 (4)Cities and counties shall have land use regulations in commercial and mixed-use districts that provide for a
11 compact development pattern,easy ability to walk or use mobility devices,and allow direct access on the
12 pedestrian,bicycle,and public transportation networks.Commercial or mixed-use site design land use regulations
13 must meet the following requirements:
14 (a)Primary pedestrian entrances to buildings must be oriented to a public pedestrian facility and be accessible to
15 people with mobility disabilities.An uninterrupted accessway,courtyard,plaza,or other pedestrian-oriented
16 space must be provided between primary pedestrian entrances and the public pedestrian facility,except where
17 the entrance opens directly to the pedestrian facility.All pedestrian entrances must be designed to be barrier-
18 free.
19 The changes in this subsection are part of temporary rules adopted by the commission in April.
20 (b)Motor vehicle parking,circulation,access,and loading may be located on site beside or behind buildings.
21 Motor vehicle parking,circulation,access,and loading must not be located on site between buildings and public
22 pedestrian facilities on or along the primary facing street.Bicycle parking may be permitted.
23 (c)On-site accessways must be provided to directly connect key pedestrian entrances to public pedestrian
24 facilities,to any on-site parking,and to adjacent properties,as applicable.
25 (d)Any pedestrian entrances facing an on-site parking lot must be secondary to primary pedestrian entrances as
26 required in this section.Primary pedestrian entrances for uses open to the public must be open during business
27 hours.
28 (e)Large sites must be designed with a connected network of public pedestrian facilities to meet the requirements
29 of this section.
30 (f)Development on sites adjacent to a transit stop or station on a priority transit corridor must be oriented to the
31 transit stop or station.The site design must provide a high level of pedestrian connectivity and amenities
32 adjacent to the stop or station.If there is inadequate space in the existing right of way for transit infrastructure,
33 then the infrastructure must be accommodated on site.
34 (g)Development standards must be consistent with bicycle parking requirements in OAR 660-012-0630.
35 (h)These site design land use regulations need not apply to districts with a predominantly industrial or
36 agricultural character.
37 (5)Cities and counties shall have land use regulations in residential neighborhoods that provide for slow
38 neighborhood streets comfortable for families,efficient and sociable development patterns,and provide for
39 connectivity within the neighborhood and to adjacent districts.Cities and counties must adopt land use regulations
40 to meet these objectives,including but not limited to those related to setbacks,lot size and coverage,building
41 orientation,and access.
42 (6)Cities and counties shall have land use regulations that ensure auto-oriented land uses are compatible with a
43 community where it is easy to walk or use a mobility device.Auto-oriented land uses include uses related to the
44 operation,sale,maintenance,or fueling of motor vehicles,and uses where the use of a motor vehicle is accessory
45 to the primary use,including drive-through uses.Land use regulations must meet the following requirements:
46 (a)Auto-oriented land uses must provide safe and convenient access opportunities for people walking,using a
47 mobility device,or riding a bicycle.Ease of access to goods and services must be equivalent to or better than
48 access for people driving a motor vehicle.
49 (b)Outside of climate-friendly areas,cities and counties may provide for exemptions to this rule in cases where an
50 auto-oriented land use cannot reasonably meet the standards of this rule. Standards developed in cases of an
51 exemption must protect pedestrian facilities.
52 (7)Cities and counties with an urban area over 100,000 in population must have reasonable land use regulations that
53 allow for development of low-car districts. These districts must be developed with no-car or low-car streets,where
54 walking or using mobility devices are the primary methods of travel within the district.Cities and counties must
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Transportation Planning Rules OAR Chapter 660,Division 12
1 make provisions for emergency vehicle access and local freight delivery.Low-car districts must be allowed in
2 locations where residential or mixed-use development is authorized.
3 (8)Cities and counties must implement land use regulations to protect transportation facilities,corridors,and sites
4 for their identified functions.These regulations must include,but are not limited to:
5 (a)Access control actions consistent with the function of the transportation facility,including but not limited to
6 driveway spacing,median control,and signal spacing;
7 (b) Standards to protect future construction and operation of streets,transitways,paths,and other transportation
8 facilities;
9 (c)Standards to protect public use airports as provided in OAR 660-013-0080;
10 (d)Processes to make a coordinated review of future land use decisions affecting transportation facilities,
11 corridors,or sites;
12 (e)Processes to apply conditions to development proposals in order to minimize impacts and protect
13 transportation facilities,corridors,or sites for all transportation modes;
14 (f)Regulations to provide notice to public agencies providing transportation facilities and services,railroads,
15 Metropolitan Planning Organizations,the Oregon Department of Transportation,and the Oregon Depasttatent of
16 Aviation of:
17 (A)Land use applications that require public hearings;
18 (B)Subdivision and partition applications;
19 (C)Other applications that affect private access to roads;and
20 (D)Other applications within airport noise corridors and imaginary surfaces that affect airport operations.
21 (g)Regulations ensuring that amendments to land use designations,densities,and design standards are consistent
22 with the functions,capacities,and performance standards of facilities identified in the TSP.
23 Statutory/Other Authority:ORS 197.040
24 Statutes/Other Implemented:ORS 197.012,ORS 197.712
25 660-012-0405:Parking Regulation Improvements
26 The change in this section clarifies small employee parking lots need not have preferential parking. This
27 is in line with how cities have applied this long-standing rule provision in the past.
28 (1)Cities and counties shall adopt land use regulations as provided in this section:
29 (a)Designated employee parking areas in new developments with more than 50 parking spaces shall provide
30 preferential parking for carpools and vanpools;
31 (b)Property owners shall be allowed to redevelop any portion of existing off-street parking areas for bicycle-
32 oriented and transit-oriented facilities,including bicycle parking,bus stops and pullouts,bus shelters,park and
33 ride stations,and similar facilities;and
34 (c)In applying subsections(a)and(b),land use regulations must allow property owners to go below existing
35 mandated minimum parking supply,access for emergency vehicles must be retained,and adequate parking for
36 truck loading should be considered.
37 The changes in this section clarify the desire to encourage conversion of underused parking areas
38 applies to both on and off-street parking.
39 (2)Cities and counties shall adopt policies for on-street parking and land use regulations for off-street parking that
40 allow and encourage the conversion of existing underused parking areas to other uses.
41 (3)Cities and counties shall adopt policies and land use regulations that allow and facilitate shared parking.
42 The changes in this section addressing tree canopy provisions and exemption of application to parking
43 lots between '/4 and %acre in this section are part of temporary rules adopted by the commission in April
44 and are also charge items 15 and 16. Minor changes in subsection (4)(a)to clarify intent and remove
45 confusing language. There is a clarification the %acre measurement is not just the parking spaces
46 themselves, and another that it is focused on off-street parking. This section also addresses charge item
47 14 to allow counties to have the option of receiving fee-in-lieu payments into a local fund.
48 (4)Cities and counties shall adopt land use regulations for any new development that includes more than one-
49 quarter half acre of new off-street surface parking on a lot or parcel as provided below. The new surface parking
50 area shall be measured based on the perimeter of all new off-street parking spaces,maneuvering lanes,and
51 maneuvering areas,including driveways and drive aisles. as provided below:
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Transportation Planning Rules OAR Chapter 660,Division 12
1 The changes in this subsection clarify that is describes a mitigation action. Changes also clarify that cities
2 and counties may offer only a subset of the actions in the rule if they so wish, and clarifies it applies to
3 new off-street spaces.
4 (a)Developments not required to comply with OAR 330-135-0010 must provide a climate mitigation action.
5 Climate mitigation actions shall include at least one of the following. Cities and counties are not required to
6 offer all these options^^of the f"^wing:
7 (A)Installation of solar panels with a generation capacity of at least 0.5 kilowatt per new off-street parking
8 space on the property.Panels may be located anywhere on the property.In lieu of installing solar panels on
9 site,cities may allow developers to pay$1,500 per parking space in the development into a city or county
10 fund dedicated to equitable solar or wind energy development or a fund at the Oregon Department of Energy
11 designated for such purpose;
12 The change to this paragraph sets$1,500 as a floor, allowing cities and counties to index it for inflation,
13 and clarifies it just applies to off-street parking spaces.
14 (B)_Payment of at least$1,500 per new off-street parking space into a city or county fund dedicated to
15 equitable solar or wind energy development or a fund at the Oregon Department of Energy designated for
16 such purpose;
17 Actions to comply with OAR 330 135 0010;or
18 (C)Tree canopy covering at least 50 40 percent of the new parking lot area at maturity but no more than 15
19 years after planting;or-
20 The change to this paragraph would allow a mixture of actions.
21 (D)A mixture of actions under paragraphs(A)through(C)the city or county deems to meet the purpose of this
22 section.
23 The changes to this subsection clarify it is about trees. The changes also clarify if tree canopy is chosen
24 as the mitigation action under subsection (a) it meets this overlapping requirement.
25 (b)Developments must provide tree canopy.Developments shall provide street either trees along driveways or a
26 minimum of 30 percent tree canopy coverage over new parking areas.Developments but are not required to
27 provide them trees along drive aisles. The tree spacing and species planted must be designed to maintain a
28 continuous canopy except when interrupted by driveways,drive aisles,and other site design considerations.
29 Developments providing 40 percent tree canopy to comply with paragraph(a)(C)comply with this subsection.;
30 and
31 The changes to this subsection clarify pedestrian connections must be included throughout the site, more
32 in line with the previous language and existing TPR; and only need to be made if there are existing or
33 planned pedestrian facilities in the adjacent rights-of-way.
34 (c)Developments must provide pedestrian connections throughout the parking lot,connecting at minimum the
35 following,except where not practical due to site-specific conditions:
36 (A)building entrances;
37 (B)existing or planned pedestrian facilities in the adjacent public rights-of-way;
38 (C)transit stops;and
39 (D)accessible parking spaces.street like design and features along driveways including curbs,pedestrian
40 facilities,and buildings built up to pedestrian facilities.
41 (d)Development of a tree canopy plan under this section shall be done in coordination with the local electric
42 utility,including pre-design,design,building and maintenance phases.
43 The changes to this subsection focus the tree provisions on planting and removes the maintenance
44 provisions.
45 (e)In providing trees under subsections(a)and;(b)and(c),the following standards shall be met.The tree spacing
46 and species planted must be designed to maintain a continuous canopy.Local codes must provide clear and
47 objective standards to achieve such a canopy. Trees must be planted and maintained to maximize their root
48 health and chances for survival,including having ample high-quality soil,space for root growth,and reliable
49 irrigation according to the needs of the species.Trees should be planted in continuous trenches where possible.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 The city or county shall have minimum standards for tree planting and tree care no lower than the 2021
2 American National Standards Institute A300 standards„and a process to ensure ongoing compliance with tree
3 planting and maintenance provisions.
4 (5)Cities and counties shall establish off-street parking maximums in appropriate locations,such as downtowns,
5 designated regional or community centers,and transit-oriented developments.
6 Statutory/Other Authority:ORS 197.040
7 Statutes/Other Implemented:ORS 197.012,ORS 197.712
8 660-012-0410: Electric Vehicle Charging
9 (1)This rule applies to cities within a metropolitan area.
10 (2)Cities shall ensure new development supports electric vehicle charging pursuant to amendments to the state
11 building code adopted pursuant to ORS 455.417.
12 The change in this section makes a minor clarification.
13 (3)As authorized in ORS 455.417(4),for new multifamily residential buildings with five or more residential
14 dwelling units,and new mixed-use buildings consisting of privately owned commercial space and five or more
15 residential dwelling units,cities shall require the provision of electrical service capacity,as defined in ORS
16 455.417,to accommodate serve 40 percent of all vehicle parking spaces.
17 Statutory/Other Authority:ORS 197.040
18 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 455.417
19 660-012-0415: Parking Maximums and Evaluation in More Populous Communities
20 The changes in this section address charge items 17 and 18. The changes include a clarification about
21 which map is being referenced, and about which parking maximum requirements may apply.
22 (1)Cities with populations over 100,000,counties with populations over 100,000 outside city limits but within the
23 urban growth boundary,and cities with populations over 25,000 within the Portland Metropolitan Area,shall set
24 parking maximums in climate-friendly areas,and in Metro Region 2040 centersregional centers and town centers,
25 designated under the Metro Title 6,Centers,Corridors,Station Communities and Main Streets,Adopted
26 Boundaries map.Those cities and counties shall also set parking maximums on lots or parcels within the transit
27 corridors and rail stop areas listed in OAR 660-012-0440.Cities and counties that have designated priority transit
28 corridors under OAR 660-012-0710 may set parking maximums in those corridors in place of the corridors
29 identified in OAR 660-012-0440(3)(b)and(c).
30 (a)Parking maximums shall be no higher than 1.2 off-street parking spaces per studio unit and two off-street
31 parking spaces per non-studio residential unit in a multi-unit housing development in climate-friendly areas and
32 within one-half mile walking distance of priority transit corridors.These maximums shall include visitor
33 parking;
34 (b)Parking maximums shall be no higher than five spaces per 1,000 square feet of floor space for all commercial
35 and retail uses other than automobile sales and repair,eating and drinking establishments,and entertainment
36 and commercial recreation uses;
37 (c)For land uses with more than 65,000 square feet of floor area,surface parking may not consist of more area
38 than the floor area of the building;and
39 The changes in this subsection are part of temporary rules adopted by the commission in April.
40 (d)In setting parking maximums,cities and counties shall consider setting maximums equal to or less than 150
41 percent of parking mandates in their adopted land use regulations in effect as of January 1,2020.A city or
42 county that sets a higher parking maximum must adopt findings for doing so.In no case shall the city or county
43 exceed the limits in subsections(a)through(c)in climate friendly areas and for developments on parcels or lots
44 within one half mile of transit corridors and three quarters mile of rail transit stops listed in OAR 660 012
45 0410;and
46 (ed)Non-surface parking,such as tuck-under parking,underground and subsurface parking,and parking
47 structures may be exempted from the calculations in this section.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 The changes in this section clarify the areas listed are the key areas for parking management, even when
2 a city has taken the path of waiving parking mandates and is therefore not subject to OAR 660-012--0435
3 and OAR 660-012-0440.
4 (2)Cities with populations over 200,000 shall,in addition to the requirements in section(1)of this rule:
5 (a)Study the use of priced on-street timed parking spaces in those areas subject listed in SOAR 660-012-0435w
6 and OAR-er-660-012-0440(2)and(3).This study shall be conducted every three years or more frequently.
7 Cities shall adjust prices to ensure availability of on-street parking spaces at all hours.This shall include all
8 spaces in the city paid by minutes,hours,or day but need not include spaces where a longer-term paid
9 residential permit is required;
10 (b)Use time limits or pricing to manage on-street parking spaces in an area at least one year before authorizing
11 any new structured parking on city-owned land including more than 100 spaces in that area after March 31,
12 2023;
13 (c)Adopt procedures ensuring prior to approval of construction of additional structured parking projects of more
14 than 300 parking spaces designed to serve existing uses,developer of that parking structure must implement
15 transportation demand management strategies for a period of at least six months designed to shift at least 10
16 percent of existing vehicle trips ending within one-quarter mile of the proposed parking structure to other
17 modes;and
18 (d)Adopt design requirements requiring applicants to demonstrate that the ground floor of new private and public
19 structured parking that fronts a public street and includes more than 100 parking spaces would be convertible to
20 other uses in the future,other than driveways needed to access the garage.
21 Statutory/Other Authority:ORS 197.040
22 Statutes/Other Implemented:ORS 197.012,ORS 197.712
23 660-012-0425:Reducing the Burden of Parking Mandates
24 (1)This rule applies to cities and counties that:
25 (a)Are within a metropolitan area;and
26 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420.
27 The changes in this section clarify wording and remove duplication with OAR 660-012-0405(3)
28 requirement on shared parking.
29 (2)Cities and counties shall adopt and enforce land use regulations as provided in this section:
30 (a)Garages and carports may not be required for residential developments;
31 (b)Garage parking spaces shall count towards off-street parking mandates;
32 (c)Provision of shared parking shall be allowed to meet parking mandates;
33 (d)Required parking spaces may be provided off-site,within 2,000 feet pedestrian travel of a site.If any non-
34 loading parking is provided on site,all required parking for parking for people with disabilities shall be on site.
35 If all parking is off-site,parking for people with disabilities must be located within the shortest possible distance
36 of an accessible entrance via an accessible path and no greater than 200 feet from that entrance;
37 (e)Parking mandates shall be reduced by one off-street parking space for each three kilowatts of capacity in solar
38 panels or wind power that will be provided in a development;
39 (f)Parking mandates shall be reduced by one off-street parking space for each dedicated car-sharing parking space
40 in a development.Dedicated car-sharing parking spaces shall count as spaces for parking mandates;
41 (g)Parking mandates shall be reduced by two off-street parking spaces for every electric vehicle charging station
42 provided in a development.Parking spaces that include electric vehicle charging while an automobile is parked
43 shall count towards parking mandates;and
44 (h)Parking mandates shall be reduced by one off-street parking space for every two units in a development above
45 minimum requirements that are fully accessible to people with mobility disabilities.
46 (3)Any reductions under section(2)shall be cumulative and not capped.
47 The deletion of this section is part of temporary rules adopted by the commission in April.
48 ('1)Cities and counties shall require the parking for multi family residential units in the areas in OAR 660 012 0440
49 be unbundled parking.
50 Statutory/Other Authority:ORS 197.040
51 Statutes/Other Implemented:ORS 197.012,ORS 197.712
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Transportation Planning Rules OAR Chapter 660,Division 12
1 660-012-0430:Reduction of Parking Mandates for Development Types
2 (1)This rule applies to cities and counties that:
3 (a)Are within a metropolitan area;and
4 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420.
5 (2)Cities and counties may not require more than one parking space per unit in residential developments with more
6 than one dwelling unit on a single legally-established property.
7 The changes in this section address charge item 13. The changes make language parallel.
8 (3)Cities and counties may not require parking enforce parking mandates for the following development or use
9 types:
10 (a)Facilities and homes designed to serve people with psychosocial,physical,intellectual or developmental
11 disabilities,including but not limited to a:residential care facility,residential training facility,residential
12 treatment facility,residential training home,residential treatment home,and conversion facility as defined in
13 ORS 443.400;
14 (b)Child care facility as defined in ORS 329A.250;
15 (c)Single-room occupancy housing;
16 (d)Residential units smaller than 750 square feet;
17 (e)Affordable housing as defined in OAR 660-039-0010;
18 (f)Publicly supported housing as defined in ORS 456.250;
19 (g)Emergency and transitional shelters for people experiencing homelessness;and
20 (h)Domestic violence shelters.
21 Statutory/Other Authority:ORS 197.040
22 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 329A.250,ORS 443.400,ORS 456.250
23 660-012-0435:Parking Reform in Climate:-Friendly Areas and Centers
24 (1)This rule applies to cities and counties that:
25 (a)Are within a metropolitan area;and
26 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420.
27 The changes in this section address charge items 18 and 20. The changes include a minor clarification
28 about which map is referenced, and other cleaner language and an exemption of townhouses and
29 rowhouses.
30 (2)Cities and counties shall adopt land use regulations addressing parking mandates in climate-friendly areas as
31 provided in OAR 660-012-0310.Cities and counties in Metro shall adopt land use regulations addressing parking
32 mandates in Metro Region 2040 centers regional centers and town centers designated under the Metro Title 6,
33 Centers,Corridors,Station Communities and Main Streets,Adopted Boundaries map.In each such area,cities and
34 counties shall either:
35 (a)Remove all parking mandates within the area and on parcels in its jurisdiction that include land within one-
36 quarter mile distance of those areas;or
37 (b)Manage parking by:
38 (A)Adopting a parking benefit district with paid on-street parking and some revenues dedicated to public
39 improvements in the area;
40 (B)Adopting land use amendments regulations te-requiringe no more than one-half off-street parking space per
41 dwelling unit in the area that is not a townhouse or rowhouse; and
42 (C)Adopting land use regulations without parking mandates for commercial developments.
43 The deletion of this section is part of temporary rules adopted by the commission in April.
44 (3)Cities and counties that opt to retain parking mandates under OAR 660 012 0100 shall require the parking for
45 multi family residential units in the areas listed in section(2)be unbundled parking.
46 Statutory/Other Authority:ORS 197.040
47 Statutes/Other Implemented:ORS 197.012,ORS 197.712
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1 660-012-0440:Parking Reform Near Transit Corridors
2 The changes in this rule address charge items 21 and 22. The changes include clarification about how
3 sections (3)(b)and (c) interact, along with the ability to set areas without mandates once per year.
4 (1)This rule applies to cities and counties that:
5 (a)Are within a metropolitan area;and
6 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420.
7 (2)Cities and counties may not require parking spaces enforce parking mandates for developments on a lot or parcel
8 that includes lands within three-quarters mile of rail transit stops.
9 (3)Cities and counties may not enforce parking mandates for developments on a lot or parcel that includes lands
10 within one-half mile of frequent transit corridors,including:
11 (a)Priority transit corridors designated under OAR 660-012-0710;
12 (b)Corridors with bus transit service arriving with a scheduled frequency of at least four times an hour during
13 peak service;and
14 (c)If a community has no corridor qualifying under subsection(b),cCorridors with the most frequent transit route
15 or routes service in the community if the scheduled frequency is at least once per hour during peak service.
16 (4)Cities and counties may use either walking distance or straight-line distance in measuring distances in this rule.
17 (5)In determining the extent of lands subject to subsection(3)(b)or(c),a city or county shall either:
18 (a)Evaluate current service frequencies on the date a land use application is submitted,provided the application
19 remains valid for review pursuant to ORS 215.427 or ORS 227.178,or
20 (b)Adopt a map designating these lands based on service frequency on the date development codes implementing
21 this rule are adopted. The city or county must update the map at least once per year from the date of adoption if
22 services frequencies change and additional lands become subject to subsection(3)(b)or(c).The city or county
23 must use subsection(5)(a)if additional lands are subject to subsections(3)(b)or(c)and the adopted map is
24 more than one year old.
25 Statutory/Other Authority:ORS 197.040
26 Statutes/Other Implemented:ORS 197.012,ORS 197.712
27 660-012-0445: Parking Management Alternative Approaches
28 (1)In lieu of adopting land use regulations without parking mandates under OAR 660-012-0420,cities and counties
29 shall select and implement either a fair parking policy approach as provided in subsection(a)or a reduced
30 regulation parking management approach as provided in subsection(b).
31 The changes in this subsection are part of temporary rules adopted by the commission in April and
32 address charge item 17. Additional clarification on when unbundling takes effect per charge item 19.
33 (a)A fair parking policy approach shall include at least three two of the following five provisions,including at
34 least one provision from paragraphs(A)through(C):
35 (A)A requirement that parking spaces for each residential unit in multi-unit housing developments that include
36 five or more leased or sold residential units on a lot or parcel be unbundled parking upon lease creation,lease
37 renewal,or sale. Cities and counties may exempt townhouse and rowhouse development from this
38 requirement;
39 (B)A requirement that parking spaces serving leased commercial developments be unbundled parking upon
40 lease creation or renewal;
41 (C)A requirement for employers of 50 or more employees who provide free or subsidized parking to their
42 employees at the workplace provide a flexible commute benefit of$50 per month or the fair market value of
43 that parking,whichever is greater,to those employees eligible for that free or subsidized parking who
44 regularly commute via other modes instead of using that parking;
45 (D)A tax on the revenue from commercial parking lots collecting no less than 10 percent of income,with
46 revenues dedicated to improving transportation alternatives to drive-alone travel;and
47 (E)A reduction of parking mandates for new multifamily multi-unit housing residential development to no
48 higher than one-half spaces per unit,including visitor parking.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 The changes in this subsection are part of temporary rules adopted by the commission in April. Additional
2 changes clarify historic resources references per charge item 23 and that the scope of"change of use
3 and redevelopment" is not unlimited. Clarification on when unbundling must take effect for charge item
4 119.
5 (b)A reduced regulation parking management approach shall include all of the following:
6 (A)A repeal of all parking mandates within one-half mile pedestrian travel of climate-friendly areas;
7 (B)A repeal of parking mandates for transit oriented development and mixed-use development;
8 (C)A repeal of parking mandates for group quarters,including but not limited to dormitories,religious group
9 quarters,adult care facilities,retirement homes,and other congregate housing;
10 (D)A repeal of parking mandates for studio apartments,one-bedroom apartments and condominiums in
11 residential multi-unit housing developments of five or more units on a lot or parcel;
12 (E)A repeal of parking mandates for change of use of,or redevelopment of,buildings vacant for more than two
13 years.Cities and counties may require registration of a building as vacant two years prior to the waiving of
14 parking mandates;
15 (F)A repeal of requirements to provide additional parking for change of use or redevelopment where at least 50
16 percent of the building floor area is retained;
17 (G)A repeal of parking mandates for expansion of existing businesses by less than 30 percent of a building
18 footprint;
19 (H)A repeal of parking mandates for buildings within a National Historic District,on the National Register of
20 Historic Places,or identified as a designated or contributing structure on a local inventory of historic
21 resources or buildings;
22 (I)A repeal of parking mandates for commercial properties that have fewer than ten on-site employees or 3,000
23 square feet floor space;
24 (J)A repeal of parking mandates for developments built under the Oregon Residential Reach Code;
25 (K)A repeal of parking mandates for developments seeking certification under any Leadership in Energy and
26 Environmental Design(LEED)rating system,as evidenced by either proof of pre-certification or registration
27 and submittal of a complete scorecard;
28 (L)A repeal of parking mandates for schools;
29 (M)A repeal of parking mandates for bars and taverns;and
30 (N)Setting parking maximums consistent with OAR 660 012 0115(1),notwithstanding populations listed in
31 that section;and
32 (AN)Implementation of at least one pricing mechanism,either:
33 @Designation of at least one residential parking district or parking benefit district where on-street parking is
34 managed through paid permits,meters,or other payments,or time limits.;or
35 (ii)Requirements that parking for multi-unit housing units be unbundled parking upon lease renewal or sale.
36 (2)Cities and counties may change their selection between subsections(1)(a)and(b)at any time.
37 Statutory/Other Authority:ORS 197.040
38 Statutes/Other Implemented:ORS 197.012,ORS 197.712
39 660-012-0505: Pedestrian System Inventory
40 The change in this section addresses charge item 24. The change clarifies that the inventory requirement
41 applies within '/4 mile of primary and secondary(K-12)schools.
42 (1)Pedestrian system inventories must include information on pedestrian facilities and street crossings for all areas
43 within climate-friendly areas,within Metro Region 2040 centers,within one-quarter mile of all primary and
44 secondary schools,and along all arterials and collectors.Pedestrian system inventories should include information
45 on pedestrian facilities and street crossings for all areas within the planning area.
46 (a)Inventories of pedestrian facilities must include information on width and condition.
47 (b)Inventories of street crossings must include crossing distances,the type of crossing,closed crossings,curb
48 ramps,and distance between crossings.
49 (2)Pedestrian system inventories must include the crash risk factors of inventoried pedestrian facilities,including
50 but not limited to speed,volume,and roadway width.Pedestrian system inventories must also include the location
51 of all reported injuries and deaths of people walking or using a mobility device.This must include all reported
52 incidents from the most recent five years of available data prior to the year of adoption of the pedestrian system
53 inventory.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 Statutory/Other Authority:ORS 197.040
2 Statutes/Other Implemented:ORS 197.012,ORS 197.712
3 660-012-0510:Pedestrian System Requirements
4 The change in this section addresses charge item 8. The change clarifies that local governments may
5 apply mode-specific functional classifications to pedestrian facilities.
6 (1)This rule describes the minimum planned pedestrian facilities that must be included in plans.Cities and counties
7 may choose to exceed the requirements in this rule. Cities and counties may choose to apply pedestrian functional
8 classifications to pedestrian facilities.
9 (2)Pedestrian facility owners must design,build,and maintain pedestrian facilities to allow comfortable travel for
10 all people,including people with disabilities.
11 (3)All streets and highways,other than expressways,shall have pedestrian facilities,as provided in ORS 366.514.
12 (a)Pedestrian facilities must be planned for both sides of each street.
13 (b)Cities shall plan for enhanced pedestrian facilities such as wide,protected sidewalks and pedestrian zones,
14 such as plazas,in the following contexts:
15 (A)Along high volume or high-speed streets;
16 (B)In climate-friendly areas and Metro Region 2040 centers;
17 (C)In areas with concentrations of underserved populations.
18 The change in this subsection addresses charge item 25. The change clarifies that the right-of-way to be
19 considered in this requirement includes right-of-way dedicated to transportation purposes, not necessarily
20 right of way for utilities or other purposes.
21 (c)A substantial portion of the right-of-way dedicated to transportation uses in climate-friendly areas and Metro
22 Region 2040 centers must be dedicated to pedestrian uses,including but not limited to sidewalks,pedestrian
23 plazas,and protective buffers.
24 (d)Cities shall plan for enhanced tree canopy and other infrastructure that uses natural and living materials in
25 pedestrian spaces in climate-friendly areas,Metro Region 2040 centers,and areas with concentrations of
26 underserved populations.
27 (4)Off-street multi-use paths must be designed to permit comfortable joint or separated use for people walking,
28 using mobility devices,and cycling. Separated areas for higher speeds and low speeds shall be provided when
29 there is high anticipated use of the path.
30 (5)Enhanced crossings are pedestrian facilities to cross streets or highways that provide a high level of safety and
31 priority to people crossing the street.Enhanced crossings must have adequate nighttime illumination to see
32 pedestrians from all vehicular approaches.Enhanced crossings must be provided,at minimum,in the following
33 locations:
34 (a)Closely spaced along arterial streets in climate-friendly areas and Metro Region 2040 centers;
35 (b)Near transit stops on local access priority arterial segments,or collector streets in a climate-friendly area or
36 Metro Region 2040 center,or on a priority transit corridor;
37 (c)At off-street path crossings;and
38 (d)In areas with concentrations of underserved populations.
39 (6)Cities may take exemptions to the requirements in this rule through findings in the transportation system plan,
40 for each location where an exemption is desired,for the following reasons:
41 (a)A city may plan for a pedestrian facility on one side of local streets in locations where topography or other
42 barriers would make it difficult to build a pedestrian facility on the other side of the street,or where existing and
43 planned land uses make it unnecessary to provide pedestrian access to the other side of the street. Street
44 crossings must be provided near each end of sections where there is a pedestrian facility on only one side of the
45 street.
46 (b)A city or county may plan for no dedicated pedestrian facilities on very slow speed local streets that are
47 sufficiently narrow,and carry little or no vehicular traffic,so that pedestrians are the primary users of the street.
48 Statutory/Other Authority:ORS 197.040
49 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 366.514
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Transportation Planning Rules OAR Chapter 660,Division 12
1 660-012-0605:Bicycle System Inventory
2 (1)Bicycle system inventories must include information on bicycle lanes,bicycle routes,accessways,paths,and
3 other types of bicycle facilities,including pedestrian facilities that may be used by bicycles.Inventories must
4 include information on width,type,and condition.
5 The change in this section addresses charge item 24. The change clarifies that the inventory requirement
6 applies within 1/4 mile of primary and secondary (K-12)schools.
7 (2)Bicycle system inventories must include information on bicycle facilities of all types within climate-friendly
8 areas,within Metro Region 2040 centers,within one-quarter mile of all primary and secondary schools,on bicycle
9 boulevards,and along all arterials and collectors.Bicycle system inventories should include information on
10 bicycle facilities and street crossings for all areas within the planning area.
11 (3)Bicycle system inventories must include the crash risk factors of inventoried bicycle facilities,including but not
12 limited to speed,volume,separation,and roadway width.Bicycle system inventories must also include the
13 location of all reported injuries and deaths of people on bicycles.This must include all reported incidents from the
14 most recent five years of available data prior to the year of adoption of the bicycle system inventory.
15 Statutory/Other Authority:ORS 197.040
16 Statutes/Other Implemented:ORS 197.012,ORS 197.712
17 660-012-0610:Bicycle System Requirements
18 The change in this section addresses charge item 8. The change clarifies that local governments may
19 apply mode-specific functional classifications to bicycle facilities.
20 (1)This rule describes the minimum planned bicycle facilities that must be included in plans. Cities or counties may
21 choose to exceed the requirements in this rule. Cities and counties may choose to apply bicycle functional
22 classifications to bicycle facilities.
23 (2)Cities and counties shall plan for a connected network of bicycle facilities that provides a safe,low stress,direct,
24 and comfortable experience for people of all ages and abilities.All ages and abilities includes:
25 (a)School-age children;
26 (b)People over 65 years of age;
27 (c)Women;
28 (d)People of color;
29 (e)Low-income riders;
30 (f)People with disabilities;
31 (g)People moving goods,cargo,or other people;and
32 (h)People using shared mobility services.
33 (3)A connected network is comprised of both the ability to access key destinations within a community and enough
34 coverage of safe and comfortable facilities to ensure most people within the community can travel by bicycle.
35 (a)Cities and counties must design the connected network to connect to key destinations identified as provided in
36 OAR 660-012-0360,and to and within each climate-friendly area or Metro Region 2040 center.
37 (b)Cities and counties must design the connected network to permit most residents of the planning area to access
38 the connected network with an emphasis on mitigating uncomfortable or unsafe facilities or crossings.
39 (c)The connected network shall consist of connected bicycle facilities including,but not limited to, separated and
40 protected bicycle facilities,bicycle boulevards,and multi-use or bicycle paths.The connected network must
41 include a series of interconnected bicycle facilities and provide direct routes to key destinations.Cities and
42 counties must design comfortable and convenient crossings of streets with high volumes of traffic or high-speed
43 traffic.
44 The changes in this section address concerns that the application of certain bicycle facilities was unclear.
45 (4)Cities and counties shall plan and design bicycle facilities considering the context of adjacent motor vehicle
46 facilities and land uses.
47 (a)Cities and counties shall must design bicycle facilities with higher levels of separation or protection along
48 streets that have higher volumes or speeds of traffic.
49 (b)Cities and counties shall must plan for separated or protected bicycle facilities on streets in climate-friendly
50 areas,Metro Region 2040 Ceenters,and other places with a concentration of destinations. Cities and counties
51 are not required to plan sSeparated or protected bicycle facilities may not be necessary on streets with very low
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Transportation Planning Rules OAR Chapter 660,Division 12
1 levels of motor vehicle traffic,with slow speeds of motor vehicles,or near where a high-quality parallel bicycle
2 facility on the connected network exists within one block.
3 (c)Cities and counties shall must identify locations with existing bicycle facilities along high traffic or high-speed
4 streets where the existing facility is not protected or separated,or parallel facilities do not exist. Cities and
5 counties shall must plan for a transition to appropriate facilities in these locations.
6 (5)Cities and counties shall adopt standards for bicycle system planning and facilities that will result in a safe,low
7 stress,and comfortable experience for people of all ages and abilities.In adopting standards,cities and counties
8 may use one or more of the following:
9 (a)The Urban Bikeway Design Guide,second edition,published by the National Association of City
10 Transportation Officials;
11 (b)Designing for All Ages&Abilities,December 2017,published by the National Association of City
12 Transportation Officials;and
13 (c)For state facilities,The Blueprint for Urban Design,2019,published by the Oregon Department of
14 Transportation.
15 (6)Cities and counties shall use the transportation prioritization framework in OAR 660-012-0155 when making
16 decisions about bicycle facilities.
17 Statutory/Other Authority:ORS 197.040
18 Statutes/Other Implemented:ORS 197.012,ORS 197.712
19 660-012-0630: Bicycle Parking
20 The changes in this rule address charge item 17. The rule has also been reorganized to be clearer about
21 which uses need to have required bicycle parking (section 2), minimum parking requirements for some
22 residential uses (section 3), and standards for required bicycle parking (section 4). The updated rule also
23 removes the existing requirements for a certain number of bike parking spaces for uses where off-street
24 motor vehicle parking is required.
25 (1)Cities and counties shall require and plan for adequate parking to meet the increasing need for travel by bicycle
26 and other small-scale mobility devices.
27 (2)Cities and counties shall require bicycle parking for the following uses:
28 (a)All new multi-unit development or mixed-use development of five residential units or more as provided in
29 section(3);
30 (b)All new retail development;
31 (c)All new office and institutional developments;
32 (d)All major transit stops,and any park-and-ride lots that require land use approval;and
33 (f)Any land use where off-street motor vehicle parking is mandated.
34 This section provides that cities and counties must have required bicycle parking for multi-unit and mixed-
35 use residential uses. Staff presents three options to the commission for this section based on
36 conversations at the rulemaking advisory committee and testimony received.
37 OPTION A: This option prescribes a minimum of one bicycle parking space per residential unit.
38 (3)Cities and counties shall require a minimum of one covered bicycle parking space per unit for multi-unit and
39 mixed-use residential uses.
40 OPTION B: This is the staff recommended option. This option provides for a minimum of one bicycle
41 parking space per residential unit and provides for cities and counties to allow case-by-case adjustments
42 as well as different requirements in some situations.
43 (3)Cities and counties shall require a minimum of one covered bicycle parking space per unit for multi-unit and
44 mixed-use residential uses. Cities and counties may:
45 (a)Allow for reductions or exemptions to the minimum parking requirement based on development-specific
46 considerations;and
47 (b)Exempt or reduce the minimum parking requirement for certain types of residential uses that are likely to have
48 less future demand for bicycle parking.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 OPTION C: This option prescribes a minimum of one half of a bicycle parking space per unit.
2 (3)Cities and counties shall require a minimum of one-half of a covered bicycle parking space per unit,rounded up
3 to the next nearest whole number,for multi-unit and mixed-use residential uses.
4 (4)Cities and counties shall adopt development regulations requiring all required bicycle parking provided must:
5 (a)Either allow ways to lock at least two points on a bicycle,or be within a lockable space only available to
6 authorized users;
7 (b)Be installed in a manner to allow space for the bicycle to be maneuvered to a position where it may be secured
8 without conflicts from stairs,other parked bicycles,walls,or other obstructions;
9 (c)Be in a location that is convenient and well-lit;and
10 (d)Include bicycle parking spaces to accommodate large bicycles,including family and cargo bicycles.
11 (5)Cities and counties shall provide for public bicycle parking and allow and provide for parking and ancillary
12 facilities for shared bicycles or other small-scale mobility devices in climate-friendly areas,Metro Region 2040
13 centers,and near key destinations identified as provided in OAR 660-012-0360.
14 (2)Cities and counties shall require covered,secure bicycle parking for all new multifamily development or mixed
15 use development of four residential units or more,and new office and institutional developments. Such bicycle
16 parking must include at least one bicycle parking space for each residential unit.
17 (3)Cities and counties shall require bicycle parking for all new retail development. Such bicycle parking shall be
18 located within a short distance from the main retail entrance.
19 (1)Cities and counties shall require bicycle parking for all major transit stations and park and ride lots.
20 (5)Cities and counties shall require bicycle parking in climate friendly areas,Metro Region 2040 centers,and near
21 key destinations identified as provided in OAR 660 012 0360.
22 (6)Cities and counties shall allow and provide for parking and ancillary facilities for shared bicycles or other small
23 scale mobility devices in climate friendly areas,Metro Region 2010 centers,and near key destinations identified
24 as provided in OAR 660 012 0360.
25 (7)Cities and counties shall require bicycle parking for any land use where off street motor vehicle parking is
26 mandated.The minimum number of bicycle parking spaces shall be no less than the greater of:
27 (a)Twice the number of mandated motor vehicle parking spaces,raised to the power of 0.7,rounded to the next
28 highest whole number;or
29 (b)As otherwise provided in this rule.
30 (8)Cities and counties shall ensure that all bicycle parking provided must:
31 (a)Allow ways to secure at least two points on a bicycle;
32 (b)Be installed in a manner to allow space for the bicycle to be maneuvered to a position where it may be secured
33 without conflicts from other parked bicycles,walls,or other obstructions;
34 (c)Be in a location that is convenient and well lit;and
35 (d)Include sufficient bicycle parking spaces to accommodate large bicycles,including family and cargo bicycles.
36 Statutory/Other Authority:ORS 197.040
37 Statutes/Other Implemented:ORS 197.012,ORS 197.712
38 660-012-0700: Public Transportation System Planning
39 The changes in this section address charge item 26. The changes clarify how local governments are to
40 work with transit service providers. There are also changes to use terms consistently.
41 (1)Transportation system plans must include a public transportation system element that meets the requirements of
42 this rule. Cities and counties must work in close cooperation with transit service providers in order to complete the
43 public transportation system element of the transportation system plan.
44 (a)Cities and counties shall coordinate with public transportation service providers to develop the public
45 transportation system plan element.
46 (b)The public transportation system plan element must include elements of the public transportation system that
47 are in the control of the city,county,and coordinating transportation facility owners.
48 (c)The public transportation system plan element must identify elements of the public transportation system that
49 the city or county will work with transit service providers to realize or improve,including transit priority
50 corridors,transit supportive infrastructure,and stop amenities.
51 (d)Cities and counties must coordinate with transit service providers to align the public transportation system plan
52 transit element with Transit Development Plans,goals,and other strategic planning documents developed
53 adopted by-a transit service providers to the extent practical.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 (e)Transportation system plans do not control public transportation elements exclusively controlled by transit
2 service providers.These include funding or details of transit service provision,including timetables and routing.
3 (2)A public transportation system element must include the following elements:
4 (a)The complete public transportation system as described in section(3)that includes the full buildout and
5 provision of services of the public transportation system within the urban growth boundary;
6 (b)Identification of gaps and deficiencies in the public transportation system as described in section(4);
7 (c)Locations of key public transportation destinations identified as provided in OAR 660-012-0360;and
8 (d)A list of prioritized public transportation system projects developed as provided in OAR 660-012-0720.
9 (3)The complete public transportation system is the full buildout of a complete public transportation system within
l 0 the planning area.The city or county determines the complete public transportation system plan by:
11 (a)Using the public transportation system inventory developed under OAR 660-012-0705 as a base;and
12 (b)Adding the minimum public transportation services and facilities to places that do not presently meet the
13 minimum public transportation system requirements in OAR 660-012-0710.
14 (4)Cities and counties shall identify gaps and deficiencies in the public transportation system by comparing the
15 complete public transportation system with the public transportation system inventory developed under OAR 660-
16 012-0705. Cities and counties must include any part of the complete public transportation system not presently
17 built or operated to the standards in the complete public transportation system plan as a gap or deficiency. Cities
18 and counties must identify gaps in the transit supportive facilities provided on priority transit corridors and other
19 transit corridors identified as provided in OAR 660-012-0710.Transit supportive facilities include,but are not
20 limited to:
21 (a)Stations,hubs,stops,shelters,signs,and ancillary features;and
22 (b)Transit priority infrastructure,including signals,queue jumps,and semi-exclusive or exclusive bus lanes or
23 transitways.
24 Statutory/Other Authority:ORS 197.040
25 Statutes/Other Implemented:ORS 197.012,ORS 197.712
26 660-012-0810: Street and Highway System Requirements
27 (1)Cities and counties shall plan,design,build,and maintain a connected streets and highway network in a manner
28 that respects the prioritization factors in OAR 660-012-0155.
29 (a)Cities and counties shall plan streets and highways for the minimum size necessary for the identified function,
30 land use context,and expected users of the facility.
31 (b)Cities and counties shall consider and reduce excessive standards for local streets and accessways in order to
32 reduce the cost of construction,increase safety,provide for more efficient use of urban land,provide for
33 emergency vehicle access while discouraging inappropriate traffic volumes and speeds,provide for utility
34 placement,and support connected and safe pedestrian and bicycle networks.
35 (c)Cities and counties shall plan for an equitable allocation of right-of-way consistent with the prioritization
36 factors as provided in OAR 660-012-0155. Streets in climate-friendly areas,Metro Region 2040 centers,and
37 along priority transit corridors must be designed to prioritize pedestrian,bicycle,and transit systems,as
38 provided in OAR 660-012-0510,OAR 660-012-0610,and OAR 660-012-0710.
39 (2)Cities and counties shall plan local streets to provide local access to property and localized circulation within
40 neighborhoods.
41 (a)Cities and counties shall plan and design local streets for low and safe travel speeds compatible with shared
42 pedestrian and bicycle use.
43 (b)Cities and counties shall establish standards for local streets with pavement width and right-of-way width as
44 narrow as practical to meet needs,reduce the cost of construction,efficiently use urban land,discourage
45 inappropriate traffic volumes and speeds,improve safety,and accommodate convenient pedestrian and bicycle
46 circulation.Local street standards adopted by a city or county must be developed as provided in ORS 368.039.
47 A local street standard where the paved width is no more than 28 feet on streets where on-street parking is
48 permitted on both sides of the street shall be considered adequate to meet this requirement.Wider standards
49 may be adopted if the local government makes findings that the wider standard is necessary.
50 (c)Cities and counties shall plan and design a complete and connected network of local streets. Cities and
51 counties may plan for chicanes,diverters,or other strategies or devices in local street networks where needed to
52 prevent excessive speed or through travel.These measures must continue to provide for connected and
53 pedestrian and bicycle networks.
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Transportation Planning Rules OAR Chapter 660,Division 12
1 (d)Cities and counties shall avoid planning or designing local streets with a dead end.Dead end local streets may
2 be permitted in locations with topographic or other barriers,or where the street is planned to continue to a
3 connected network in the future.
4 (e)Cities and counties shall plan for multimodal travel on local streets as provided in OAR 660-012-0510,OAR
5 660-012-0610,and OAR 660-012-0710. Cities and counties must plan local streets in climate-friendly areas and
6 Metro Region 2040 centers to prioritize pedestrian and bicycle systems,and be limited to local access for motor
7 vehicles.
8 (f)A city or county may plan for local streets to be wider than otherwise allowed in this rule when used
9 exclusively for access to industrial or commercial properties outside of climate-friendly areas or Metro Region
10 2040 centers,and where plans do not allow residential or mixed-use development.
11 (g)Transportation system plans need not include the specific location of all planned local streets but must
12 describe areas where they will be necessary.
13 (3)Cities and counties shall plan collector streets to provide access to property and collect and distribute traffic
14 between local streets and arterials.Cities and counties must plan and design a collector street network that is
15 complete and connected with local streets and arterials.
16 (a)Cities and counties must plan for multimodal travel on collector streets as provided in OAR 660-012-0510,
17 OAR 660-012-0610,and OAR 660-012-0710.
18 (b)Cities and counties must plan collectors in climate-friendly areas and Metro Region 2040 centers to prioritize
19 pedestrian,bicycle,and public transportation systems.
20 (4)Cities and counties shall plan arterial streets and highways to provide travel between neighborhoods and across
21 urban areas.Cities and counties must plan an arterial street network that is complete and connected with local
22 streets and collectors.
23 (a)Cities and counties shall designate each segment of an arterial as one of the three categories below in the
24 transportation system plan.These designations must be made considering the intended function,the land use
25 context,and the expected users of the facility.Cities and counties must address these considerations to ensure
26 local plans include different street standards for each category of arterial segment.
27 (A)Cities and counties shall plan for local access priority arterial segments to prioritize access to property and
28 connected streets when balancing needs on the facility.Local access priority arterial segments will generally
29 allow for more access locations from property,more opportunities to make turns,more frequent intersections
30 with other streets,and slower speeds.
31 (B)Cities and counties shall plan for through movement priority arterial segments to prioritize through
32 movement of traffic when balancing needs on the facility.Through movement priority arterial segments will
33 generally prioritize access limited to intersections with the street network,limited access to individual
34 properties,and safe speeds.
35 (C)Cities and counties shall plan for arterial segments in a climate-friendly area to prioritize multimodal travel
36 as provided in subsection(b).This includes prioritizing complete,connected,and safe pedestrian,bicycle,
37 and public transportation facilities.
38 (b)Cities and counties shall plan for multimodal travel on or along arterial streets as provided in OAR 660-012-
39 0510,OAR 660-012-0610,and OAR 660-012-0710.
40 (A)Cities and counties shall plan arterials in climate-friendly areas to prioritize pedestrian,bicycle,and public
41 transportation systems.
42 (B)Cities and counties shall plan arterials along transit priority corridors to prioritize transit service reliability
43 and frequency over general-purpose traffic.
44 The changes in this section address charge item 27. The changes make some clarifications about how
45 local governments must consider planning for freeways as part of the transportation planning process.
46 (5)Cities and counties shall,as part of the transportation planning process,carefully consider new or expanded
47 freeways considering goals for reductions in vehicle miles traveled per capita.
48 (a)Cities and counties shall consider high-occupancy vehicle lanes,including transit lanes,and managed priced
49 lanes on freeways.
50 (b)Pedestrian and bicycle facilities should be parallel to freeways,rather than on them.Transit facilities on or
51 along freeways must should be designed for direct transit vehicle access.
52 (6)Notwithstanding other provisions of this rule,where appropriate,cities and counties shall plan and design streets
53 and highways to accommodate:
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1 (a)Transit vehicles on a segment of a priority transit corridor or transit corridor without dedicated transit lanes or
2 transitway.
3 (b)Freight travel on designated freight routes and key freight terminals inventoried as provided in OAR 660-012-
4 0805.
5 (c)Agricultural equipment on streets or highways connecting to agriculturally zoned land used for agricultural
6 purposes where equipment access is necessary.
7 Statutory/Other Authority:ORS 197.040
8 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 368.039
9 660-012-0830:Enhanced Review of Select Roadway Projects
10 (1)Cities and counties shall review and may authorize certain proposed facilities to be included as a planned project
11 or unconstrained project in any part of the local comprehensive plan,including the transportation system plan.
12 (a)The following types of proposed facilities must be reviewed as provided in this rule:
13 (A)A new or extended arterial street,highway,freeway,or bridge carrying general purpose vehicle traffic;
14 (B)New or expanded interchanges;
15 (C)An increase in the number of general purpose travel lanes for any existing arterial or collector street,
16 highway,or freeway;and
17 (D)New or extended auxiliary lanes with a total length of one-half mile or more.Auxiliary lane means the
18 portion of the roadway adjoining the traveled way for speed change,turning,weaving,truck climbing,
19 maneuvering of entering and leaving traffic,and other purposes supplementary to through-traffic movement.
20 (b)Notwithstanding any provision in subsection(a),the following proposed facilities need not be reviewed or
21 authorized as provided in this rule:
22 (A)Changes expected to have a capital cost of less than$5 million;
23 (B)Changes that reallocate or dedicate right of way to provide more space for pedestrian,bicycle,transit,or
24 high-occupancy vehicle facilities;
25 (C)Facilities with no more than one general purpose travel lane in each direction,with or without one turn lane;
26 (D)Changes to intersections that do not increase the number of lanes,including implementation of a
27 roundabout;
28 (E)Access management,including the addition or extension of medians;
29 (F)Modifications necessary to address safety needs;or
30 (G)Operational changes,including changes to signals,signage,striping,surfacing,or intelligent transportation
31 systems.
32 The changes in this subsection are part of temporary rules adopted by the commission in April. This
33 version is slightly changed to use parallel language and to incorporate some changes from advisory
34 committee input.
35
36 660 012 0015,a city or county shall review that facility under this rule at the time of a major update to its
37 transportation system plan.
38 (c)Notwithstanding subsection(a),a city or county may carry forward a proposed facility in a major
39 transportation system plan update without review as provided in this rule if it is a planned project in a
40 transportation system plan acknowledged prior to January 1,2023,and the project meets any of the following at
41 the time of adoption of the update:
42 (A)The project is included in a general obligation bond approved by voters prior to January 1,2022;
43 (B)The project is included as a project phase other than planning in the State Transportation Improvement
44 Program adopted by the Oregon Transportation Commission,or a metropolitan planning organization's
45 transportation improvement program;
46 (C)The project has received a decision under the National Environmental Policy Act of 1969;or
47 (D)The project has been advertised for construction bids.
48
49 (2)Cities and counties choosing to authorize a proposed facility as provided in this rule shall:
50 (a)Initiate the authorization process through action of the governing body of the city or county;
Recommended Amendments—October 19,2023 Page 39 of 43
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Transportation Planning Rules OAR Chapter 660,Division 12
1 A proposed added provision in OAR 660-012-0012(5)(g) postpones the effective date on this subsection
2 until the adoption of a transportation system plan.
3 (b)Include the authorization process as part of an update to a transportation system plan to meet the requirements
4 as provided in OAR 660-012-0100,or have an existing acknowledged transportation system plan meeting these
5 requirements;
6 (c)Have met all applicable reporting requirements as provided in OAR 660-012-0900;
7 (d)Designate the project limits and characteristics of the proposed facility,including length,number of lanes,or
8 other key features;
9 (e)Designate a facility impact area and determine affected jurisdictions as provided in section(3);
10 (f)Conduct an engagement-focused equity analysis of the proposed facility as provided in OAR 660-012-0135;
11 (g)Develop a public involvement strategy as provided in section(4);
12 (h)Conduct an alternatives review as provided in sections(5)and(6);
13 (i)Choose to move forward with an authorization report as provided in section(7);
14 (j)Complete an authorization report as provided in section(8);and
15 (k)Publish the authorization report as provided in section(9).
16 (3)A city or county designating a facility impact area and determining affected jurisdictions shall:
17 (a)Coordinate with all cities and counties with planning jurisdictions within two miles of the limits of the
18 proposed facility to determine the extent of the facility impact area;
19 (b)Review the extent of the impact of the proposed facility by including all areas where implementation of the
20 proposed facility is expected to change levels or patterns of traffic or otherwise change the transportation
21 system or land use development patterns;
22 (c)Take particular care when reviewing the facility impact area in places with concentrations of underserved
23 populations.The city or county must consider the special impact of new facilities in the context of historic
24 patterns of discrimination,disinvestment,and harmful investments;
25 (d)Designate a facility impact area to include,at minimum,areas within one mile of the proposed facility;and
26 (e)Determine affected jurisdictions by including all cities or counties with planning jurisdictions in the designated
27 facility impact area.
28 (4)A city or county developing a public involvement strategy shall,in coordination with affected jurisdictions:
29 (a)Develop the public involvement strategy as provided in OAR 660-012-0130.
30 (b)Require that the public involvement strategy provides for opportunities for meaningful public participation in
31 decision-making over the course of the authorization process;
32 (c)Require that the public involvement strategy includes regular reports to the affected governing bodies,
33 planning commissions,and the public on the progress of the authorization process;and
34 (d)Coordinate the public involvement strategy with other public involvement activities that may be concurrent,
35 including updates to a transportation system plan or authorizations for other proposed facilities.
36 (5)A city or county choosing to undertake an alternatives review shall,in coordination with affected jurisdictions:
37 The change in this subsection addresses charge item 28. The change makes the term "public
38 involvement strategy" consistent throughout the rule.
39 (a)Have designated the facility impact area,determined affected jurisdictions,transit service providers,and
40 transportation options providers;and developed a public consultation involvement strategy as provided in this
41 rule;
42 (b)Develop a summary of the expected impacts of the proposed facility on underserved populations identified as
43 provided in OAR 660-012-0125,particularly,but not exclusively,in neighborhoods with concentrations of
44 underserved populations.These impacts must include,but are not limited to,additional household costs,and
45 changes in the ability to access jobs and services without the use of a motor vehicle;
46 (c)Develop a summary of the estimated additional motor vehicle travel per capita that is expected to be induced
47 by implementation of the proposed facility over the first 20 years of service,using best available science;
48 (d)Investigate alternatives to the proposed facility,as provided in subsections(e)through(h). Cities and counties
49 must use a planning level of analysis,and make use of existing plans and available data as much as practical;
50 (e)Investigate alternatives to the proposed facility through investments in the pedestrian and bicycle systems.The
51 city or county must:
52 (A)Review the transportation system plan for identified gaps and deficiencies in pedestrian and bicycle
53 facilities within the facility impact area;
Recommended Amendments—October 19,2023 Page 40 of 43
PP 22-0001 ATTACHMENT 1/PAGE 50 OF 71
Transportation Planning Rules OAR Chapter 660,Division 12
(B)Determine how much of the need for the proposed facility may be met through enhanced investments in the
2 pedestrian and bicycle networks;
3 (C)Identify pedestrian and bicycle system investments that could contribute to meeting the identified need
4 which do not require implementation of the proposed facility;and
5 (D)Identify pedestrian and bicycle system investments that could contribute to meeting the identified need
6 which may be implemented without the proposed facility,and may be retained if the proposed facility is
7 implemented.
8 (f)Investigate alternatives to the proposed facility through investments in the public transportation system.The
9 city or county must:
10 (A)Review the transportation system plan for identified gaps and deficiencies in public transportation facilities
11 and services within the facility impact area;
12 (B)Coordinate with transit service providers to identify opportunities for providing additional transit service
13 within or to the facility impact area;and
14 (C)Identify potential transit facility and service investments that contribute to meeting the identified need
15 which may be implemented without the proposed facility.
16 (g)Investigate alternatives to the proposed facility through investments in transportation options programs;or
17 other means to reduce demand for motor vehicle travel.The city or county must:
18 (A)Review the transportation system plan for identified existing and needed transportation demand
19 management services within the facility impact area;
20 (B)Coordinate with transportation options providers to identify opportunities for providing transportation
21 demand management services in and around the facility impact area;and
22 (C)Identify potential transportation options program investments that contribute to meeting the identified need
23 which may be implemented without the proposed facility.
24 (h)Investigate alternatives to the proposed facility that include system pricing.The city or county must:
25 (A)Determine if various types of pricing could substantially reduce the need for the proposed facility;
26 (B)Investigate a range of pricing methods appropriate for the facility type and need,which may include,but are
27 not limited to:parking pricing,tolling,facility pricing,cordon pricing,or congestion pricing; and
28 (C)Identify pricing methods where it is reasonably expected to meet the need for the facility,may reasonably
29 be implemented,and can be expected to generate sufficient revenue to cover the costs of operating the
30 collection apparatus.
31 (6)A city or county completing an alternatives review must,in coordination with affected jurisdictions:
32 (a)Review the projects identified in section(5)to determine sets of investments that may be made that could
33 substantially meet the need for the proposed facility without implementation of the proposed facility.A city or
34 county must consider adopted state,regional,and local targets for reduction of vehicle miles traveled to reduce
35 greenhouse gas emissionsclimate pollution when making determinations of substantially meeting the need for
36 the proposed facility;and
37 (b)Complete an alternatives review report upon completion of the alternatives review phase.The alternatives
38 review report must include a description of the effectiveness of identified alternatives.The alternatives review
39 report must include the summaries developed in subsections(5)(b)and(c). The alternatives review report must
40 be provided to the public,and the governing bodies and planning commissions of each affected city or county.
41 The alternatives review report must also be included in the next annual report to the director as provided in
42 OAR 660-012-0900.
43 (7)The governing body of the city or county shall review the alternatives review report and may either:
44 (a)Select a set of investments reviewed in the alternatives review report intended to substantially meet the
45 identified need for the proposed facility.These investments may be added to the unconstrained project list of the
46 transportation system plan as provided in OAR 660-012-0170;or
47 (b)Choose to complete the authorization report for the proposed facility,as provided in section(8).
48 (8)A city or county choosing to complete an authorization report as provided in section(7)shall,after completion
49 of the alternatives review,include the following within the authorization report:
50 (a)A record of the initiation of the authorization process by the governing body;
51 (b)The public involvement strategy developed as provided in section(4),and how each part of the public
52 involvement strategy was met;
53 (c)The alternatives review report;
Recommended Amendments—October 19,2023 Page 41 of 43
PP 22-0001 ATTACHMENT 1/PAGE 51 OF 71
Transportation Planning Rules OAR Chapter 660,Division 12
1 (d)A summary of the estimated additional long-term costs of maintaining the proposed facility,including
2 expected funding sources and responsible transportation facility operator.
3 (9)A city or county shall publish the authorization report upon completion and provide it to the public and
4 governing bodies of each affected jurisdiction.
5 (10)A city or county,having completed and published an authorization report,may place the proposed project on
6 the list of street and highway system projects with other projects as provided in OAR 660-012-0820.A proposed
7 project authorized as provided in this rule may remain on a project list in the transportation system plan as long
8 there are no significant changes to the proposed project or the land use context as described in the authorization
9 report.
10 Statutory/Other Authority:ORS 197.040
11 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 468A.205
12 660-012-0905:Land Use and Transportation Performance Measures
13 The changes in this rule are for clarity.
14 (1)Cities,counties,and Metro that have a land use and transportation scenario approved by the commission as
15 provided in OAR 660-044-0050 or OAR 660-044-0120 shall report on the performance measures from the
16 approved regional scenario plan.
17 (2)Cities and counties that do not have a land use and transportation scenario approved by the commission as
18 provided in OAR 660-044-0120 shall report on the specific actions,including capital improvements and the
19 adoption of policies or programs that they have or will undertake to reduce pollution and increase equitable
20 outcomes for underserved populations.At a minimum,this report must include the following performance
21 measures:
22 (a)Compact Mixed-Uutse Development
23 (A)Number of publicly supported affordable housing units in climate-friendly areas.
24 (B)Number of existing and permitted dwelling units in climate-friendly areas and percentage of existing and
25 permitted dwelling units in climate-friendly areas relative to total number of existing and permitted dwelling
26 units in the jurisdiction.
27 (C)Share of retail and service jobs in climate-friendly areas relative to retail and service jobs in the jurisdiction.
28 (b)Active Transportation
29 (A)Percent of collector and arterials streets in climate-friendly areas and underserved population
30 neighborhoods with bicycle and pedestrian facilities with Level of Traffic Stress 1 or 2.
31 (B)Percent of collector and arterial roadways streets in climate-friendly areas and underserved population
32 neighborhoods with safe and convenient marked pedestrian crossings.
33 (C)Percent of transit stops with safe pedestrian crossings within 100 feet.
34 (c)Transportation Options
35 (A)Number of employees covered by an Employee Commute Options Program.
36 (B)Number of households engaged with Transportation Options activities.
37 (C)Percent of all Transportation Options activities that were focused on underserved population communities.
38 (d)Transit
39 (A)Share of households within one-half mile of a priority transit corridor.
40 (B)Share of low-income households within one-half mile of a priority transit corridor.
41 (C)Share of key destinations within one-half mile of a priority transit corridor.
42 (e)Parking Costs and Management:Average daily public parking fees in climate-friendly areas.
43 (f)Transportation System
44 (A)Vehicle miles traveled per capita.
45 (B)Percent of jurisdiction transportation budget spent in climate-friendly areas and underserved population
46 neighborhoods.
47 (C)Share of investments that support modes of transportation with low pollution.
48 Statutory/Other Authority:ORS 197.040
49 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 468A.205
Recommended Amendments—October 19,2023 Page 42 of 43
PP 22-0001 ATTACHMENT 1/PAGE 52 OF 71
Transportation Planning Rules OAR Chapter 660,Division 12
1 660-012-0910:Land Use and Transportation Performance Targets
2 The changes to this rule address charge item 29. The change clarifies that Metro, rather than cities or
3 counties, sets regional performance targets for the Portland Metropolitan Area, consistent with OAR 660-
4 012-0900.
5 (1)Cities and,counties,and Metro must set performance targets for each reporting year for each performance
6 measure provided in OAR 660-044-0110 and OAR 660-012-0905 in their local transportation system plan.
7 Performance targets for the performance measures provided in OAR 660-012-0905 must be set at levels that are
8 reasonably likely to achieve the regional performance targets from an approved land use and transportation
9 scenario plan as provided in OAR 660-044-0110 or the regional performance targets from the Statewide
10 Transportation Strategy as adopted by the Oregon Transportation Commission.
11 (2)Cities,and-counties,and Metro that have a land use and transportation scenario approved by the commission as
12 provided in OAR 660-044-0120 must set targets for equity performance measures in a transportation system plan
13 as provided in OAR 660-044-0110(9)(c).
14 (3)Cities,and-counties,and Metro shall set performance targets in any major update to their transportation system
15 plan as provided in OAR 660-012-0105.If a city or county has not yet set targets and is submitting a major report
16 as provided in OAR 660-012-0900(7),then the city or county shall set performance targets through a minor
17 update to their transportation system plan.
18 Statutory/Other Authority:ORS 197.040
19 Statutes/Other Implemented:ORS 184.899,ORS 197.012,ORS 197.712,ORS 468A.205
20
Recommended Amendments—October 19,2023 Page 43 of 43
PP 22-0001 ATTACHMENT 1/PAGE 53 OF 71
Vie..�`
`' I1Iregon\ -.,--_ .,.. ./
Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
Tina Kotek,Governor
Salem,Oregon 97301-2540
Phone:503-373-0050
Fax:503-378-5518
www.oregon.gov/LCD
Implementation Update Cal
Climate-Friendly and Equitable Communities Program ►
October 19, 2023
DLCD and the Oregon Department of Transportation (ODOT) continue to support cities and
counties through the Climate-Friendly and Equitable Communities program. To date, the
departments have secured roughly $22 million to implement the program including:
• Nearly $800,000 in grants from DLCD to cities and counties for studies of potential
climate-friendly areas spent during the 2021-2023 biennium.
• $3 million appropriated by the legislature to DLCD for the 2023-2025 biennium, nearly
$2.7 million of which will be grants to cities and counties.
• Roughly $18.5 million from ODOT to fund local transportation system plans (TSPs) over
the next 5-7 years, to fund regional scenario planning in the Eugene-Springfield region
and the Salem-Keizer region, and to develop performance measures and targets for
smaller metropolitan areas.
DLCD and ODOT will also provide advice, guidance documents, code reviews, and one-on-one
consultation. DLCD will focus on parking reform and climate-friendly areas. ODOT will lead on
updating the guidance and data for transportation system plans and updating the ODOT
Analysis and Procedures Manual.
Program Updates
Parking Reform
Eight cities have repealed parking mandates citywide:
• Albany
• Beaverton
• Bend
• Central Point
• Corvallis
• Portland
• Salem
• Tigard
With department assistance, many other cities and counties are moving towards removing
parking mandates citywide, while others are exploring the fair policies reform option (Sherwood)
or the reduced red tape option (Medford, Phoenix). Ashland, Cornelius, Eugene, Grants Pass
and Springfield are scheduled to complete their reforms this year.
PP 22-0001 ATTACHMENT 1/PAGE 54 OF 71
Implementation Update — Climate-Friendly and Equitable Communities Program
October 19, 2023
Page 2 of 5
As a result, local housing builders and businesses previously stymied by parking mandates are
now able to develop. The Sightline Institute reported on several examples in articles published
February 2 and June 30, and anecdotes continue to emerge, including moving forward on
scores of affordable housing units in Troutdale, an expansion of a hair salon in Grants Pass,
and an expansion of a dog genetics facility in Gladstone.
Staff have worked with cities to draft and finalize code changes and adopt the various parking
reforms into their codes.
Climate-Friendly Areas
DLCD provided funding to the 15 local governments that are required to designate climate-
friendly areas (CFAs) in the 2021-2023 biennium. DLCD awarded grants and contracts totaling
nearly $800,000 to support community engagement and technical analysis of potential locations
for the CFAs. Cities and counties will use that analysis to prepare a report and submit it to
DLCD by the end of 2023. Then the cities and counties must amend their zoning and
development regulations to create CFAs by the end of 2024.
Local governments are preparing their CFA studies for review by the department and public.
The studies must be submitted by December 31, 2023, but two have already been submitted.
• The City of Eagle Point was the first community to submit its CFA study for review and
comment. Their study was published on the CFEC website on August 31, 2023, and one
public comment was received. Department comments on the study were provided to
Eagle Point on October 17, 2023.
• The City of Salem submitted its study on September 26, 2023, and the study was
published on the CFEC website on October 4, 2023. Public comments are due by
October 25, 2023, and the department's comments will be provided prior to December 3,
2023.
Department staff prepared an October 26, 2023, session for the annual conference of the
Oregon Chapter of the American Planning Association, entitled "Housing Planning is Climate
Planning". The session will be moderated by Commission Vice-Chair Nick Lelack, with brief
presentations by department staff, as well as from planners from three implementing cities
(Eugene, Corvallis, and Bend). The focus of the discussion will be how CFA implementation fits
in with ongoing mixed-use planning and other local planning efforts. Among other topics, Bend
staff will discuss lessons learned from the department-funded CFA market study, which
evaluated the market feasibility of seven housing prototypes in potential CFA areas in Bend.
Department staff continue to work with local governments to implement CFA requirements and
to support related work in the 2023-2025 biennium, including additional market studies, as
resources are available. More detailed information on funding support for local government
implementation is provided below.
PP 22-0001 ATTACHMENT 1/PAGE 55 OF 71
Implementation Update — Climate-Friendly and Equitable Communities Program
October 19, 2023
Page 3 of 5
Alternative Dates and Exemptions
The rules allow cities and counties to request alternative dates for some timelines in the rules.
The temporary rules adopted in April extended the opportunity to request alternate dates. At the
end of June, cities and counties in the Salem-Keizer and the Eugene-Springfield regions
submitted regional work plans which included additional requests for alternative dates. Director
Bateman has approved alternative dates for 30 cities and counties. A report of approved
alternative dates is on the program website.
Smaller jurisdictions may also request a temporary exemption from some or all of the
requirements in the Transportation Planning Rules. Director Bateman has approved exemptions
for nine cities and one county. A report of approved exemptions is on the program website.
2023-2025 Funding
The 2023 legislature appropriated $3 million to support cities and counties through the Climate-
Friendly and Equitable Communities program. This funding will be allocated in two categories:
Required work: Non-competitive allocation for all rule requirements with a deadline within this
biennium, and for requirements triggered by a local update of a transportation system
plan (TSP).
Open grants: Competitive process open to cities and counties within metropolitan areas to
support other work required by the rules and work consistent with the intent of the CFEC
program.
Required Work
This category consists of work directly required by rule with a specific deadline within the
biennium and requirements triggered by a major update of a transportation systems plan (TSP).
The required deadlines included climate-friendly areas (OAR 660-012-0310), parking reform
and management (660-012-0400 series), and land use regulations (660-012-0330) triggered by
a TSP update. ODOT is leading implementation on TSP updates, inventories, scenario
planning, performance measures, and performance standards. Staff reviewed the rule to list all
of the tasks required during the 2023-2025 biennium and then contacted each city and county to
discuss what funding they would need to meet the requirements. This category is non-
competitive and does not require an application from affected local governments.
• Land Use Regulations (OAR 660-012-0330)
This rule updates requirements for land use code to support compact, pedestrian-friendly,
mixed-use land use development patterns in urban areas. Local codes are required to be
updated with a major update to a TSP.
Model Code
Many local governments expressed interest in receiving funding and model code from
DLCD during this biennium to help them prepare for the upcoming requirements. The
model code will be developed through the guidance and input of local government
practitioners.
PP 22-0001 ATTACHMENT 1/PAGE 56 OF 71
Implementation Update — Climate-Friendly and Equitable Communities Program
October 19, 2023
Page 4 of 5
Code Audits
This work will provide code audits using the model code to identify needed areas of work
in existing land use regulations in order to comply with the updated requirements. DLCD
will provide consultant support to jurisdictions.
Code Amendments
This work will provide consultant support to implement needed changes identified
through code audits for local governments to meet updated requirements.
• CFA Zoning Updates (OAR 660-012-0315)
This work will provide consultant and grant funding support to jurisdictions to adopt updated
land use regulations to meet Climate-Friendly Area requirements. Staff have offered
assistance with code writing, public engagement, and market feasibility studies to local
governments. ODOT is providing further assistance to complete the required multi-modal
gap analysis and highway impacts summary.
• Regional Scenario Planning Grants (OAR 660-044-0015)
This work will provide grant funding to reimburse local staff time for their participation in work
tasks identified in their regional scenario planning work plans with ODOT's consultants. This
work is occurring over the next two years for jurisdictions in the Salem-Keizer and Central
Lane metropolitan areas.
• Equitable Engagement Toolbox (OAR 660-012-0130)
This work will be done in conjunction with other agency work on equitable engagement and
result in guidance, templates, and tools for local governments to implement equitable
engagement requirements in OAR 660-012-0130 and 660-012-0135.
• Enhanced Engagement (OAR 660-012-0130)
This work will provide grants to cities who are updating their transportation system plans in
the near term to perform enhanced community engagement. Deliverables from cities would
include hiring staff to specialize in engagement, mini-contracts with representatives, co-
creating curriculum on transportation issues, disability consultants to improve disability
engagements, and design charettes.
• Parking Management Jump Start Guide (OAR 660-012-0400)
This work will develop a parking management program jump start guide for communities that
have identified a need for on-street parking management to address the impacts of spillover
parking, where developments have more parking demand than met by off-street supply. This
guide will help communities understand the costs and benefits of various parking
management tools, as well as identify and implement parking management program
elements they deem appropriate.
PP 22-0001 ATTACHMENT 1/PAGE 57 OF 71
Implementation Update — Climate-Friendly and Equitable Communities Program
October 19, 2023
Page 5 of 5
Open Grants
Cities and counties in the CFEC program will have an opportunity to apply for funding for tasks
directly required by rule or work that achieves the overall intent of the program. The application
process will start during fall 2023, with work starting in early-to-mid-2024. Successful applicants
will have the choice to receive a grant or receive direct services from consultants selected
through a DLCD procurement process.
Eligible Projects:
o Code audits and code amendments
o Parking reform and management
o Market feasibility studies
o Equitable engagement
o Transportation system planning
o Staff time reimbursements
o Disability consultants
o Other similar work
PP 22-0001 ATTACHMENT 1/PAGE 58 OF 71
i
regonDepartment of Land Conservation and Development
Vpoll•
635 Capitol Street NE, Suite 150
f'k Tina na Kntel€,[;nvernor
Salem, Oregon 97301-2540
Phone: 503-373-0050
Fax: 503-378-5518
www.oregon.gov/LCD
Charge to the Department and the Rulemaking Advisory Committee
for Amendments to the Climate-Friendly and Equitable Communities rules
by the Land Conservation and Development Commission
April 2023
Summary
This charge from the Land Conservation and Development Commission is intended to provide
guidance to the department and the Rulemaking Advisory Committee (RAC) for amendments to
the Climate-Friendly and Equitable Communities rules. LCDC initiates this rulemaking activity,
guides it, and will ultimately decide what rules to adopt. The rules are meant to implement
climate pollution reduction actions to comply with Oregon's climate pollution reduction targets.
The commission expects that the rulemaking process will take seven months from initiation to
adoption.
Rulemaking Scope
The rulemaking is expected to focus on amendments to the Transportation Planning Rules
("TPR"), Oregon Administrative Rules ("OAR") chapter 660, division 12. The scope of this
rulemaking activity is narrow, and includes two categories of amendments:
1. Minor clarifications and corrections as listed in this charge; and
2. Review of temporary amendments adopted by the commission in April 2023.
The department and rulemaking advisory committee may propose other minor changes as
necessary to make the rules work effectively or changes recommended by legal counsel.
Desired Outcomes
The commission charges the department and the Rulemaking Advisory Committee with
recommending amendments to rules that will advance these outcomes:
1. Continue to confirm and advance the outcomes of the Climate-Friendly and Equitable
Communities Rulemaking;
2. Continue to work toward ensuring underserved populations guide decision making
processes that are built to accommodate them;
3. Continue to clarify rules that can be successfully implemented by local governments and
the state; and
4. Continue to help meet Oregon's climate pollution reduction goals, specifically the
division 44 climate pollution reduction targets and Statewide Transportation Strategy
targets.
PP 22-0001 ATTACHMENT 1/PAGE 59 OF 71
LCDC Rulemaking Charge — Permanent Amendments
April 2023
Page 2 of 3
Expected Clarifications and Corrections
The following is a list of minor clarifications and corrections expected to be addressed as part of
this rulemaking process. Proposed amendments may include the listed rules or other rules as
needed to meet the objective of the listed issue. All listed rules are within the TPR (OAR chapter
660, division 12).
Item Clarification or Correction Affected Rule or Rules
1 Define multi-unit housing consistently. 0005, 0300, 0630
2 Add definitions of performance standards and 0005
performance measures
3 Clarify provisions for TSP requirements related to 0012, 0350
UGB expansions during the interim period.
4 Modify effective dates of some rules to line up with 0012, 0210, 0215
a major TSP update.
Clarify how the horizon year may be determined.
5 Clearly allow flexibility for coordinated horizon 0100(3)(b), 0140(5)(c)
years with the Metro RTP.
6 Clarify requirements for counties; remove overly 0110(3)
broad language.
Clarify in the rule when each type of equity7 0135
analysis should be performed.
Clarify language of functional classification for
8 each mode. This provision may need to be 0155(4)
repeated or referenced elsewhere in the rules.
9 Clarify intent, remove confusing language. 0180(2)
10 Fix numbering. 0215
11 Clarify how rule 0215 works in the Portland 0215, 0140
metropolitan area.
Clarify confusing language, particularly concerning
12 comprehensive plan and land use regulation 0325
amendments.
13 Amend to use consistent terminology. 0400 through 0450
14 Clarify to allow counties to use this provision. 0405(4)(a)(A)
15 Clarify carpool and vanpool requirements only 0405(1)(a)
apply to large parking lots
16 Clarify underused parking policies are for both on 0405(2)
and off-street parking.
PP 22-0001 ATTACHMENT 1/PAGE 60 OF 71
LCDC Rulemaking Charge — Permanent Amendments
April 2023
Page 3 of 3
Item Clarification or Correction Affected Rule or Rules
Clarify language with differing references and
17 0415
"multiunit" terms.
18 More specifically identify the referenced map. 0415(1), 0435
19 Clarify unbundled parking requirements would 0425, 0435
apply to new leases.
20 Add exemptions for townhomes and rowhomes for 0435(3), 0445(1)(a)(A)
consistency across these rules.
21 Clarify how requirements for parking along transit 0440(3)
work together.
22 Allow annual code adjustment based on transit 0440(3)
frequency instead of constant adjustment.
23 Clarify language on historic buildings. 0445(1)(b)(H)
24 Clarify that "all" schools means K-12 schools, not 0505(1), 0605(1)
preschools.
Clarify the definition of"right-of-way" to exclude
25 right of way used for utilities or other non- 0510(3)(c)
transportation purposes.
Clarify how jurisdictions are expected to align
26 TSPs with plans developed or adopted by a transit 0700(1)(d)
service provider.
27 Clarify to differentiate between TSP requirements 0810(5)
and project development.
28 Clarify terminology, use "public involvement
strategy" consistently in rule. 0830(5)(a)
29 Clarify how this rule functions in the Portland Metro 0910
area.
PP 22-0001 ATTACHMENT 1/PAGE 61 OF 71
II1Iregon
_. 14.___:-__,„,
,..des:.;:1- 7i.00k
Department of Land Conservation and Development
(pi� P P
635 Capitol Street NE, Suite 150
Tina Kotek,Governor
Salem, Oregon 97301-2540
Phone: 503-373-0050
Fax: 503-378-5518
www.oregon.gov/LCD
Summary of Written Testimony
Received after the Hearing on July 28, 2023
("4"")
October 6, 2023
A. Topics addressed by multiple commenters
The staff report has additional details about these topics and how they are addressed in the recommended amendments.
I— Topics Overall Align 0005 0210 0315 - 0350 0430- 0630 0830
support with Bicycle Modelling 0320 UGB 0445 Bicycle Vehicle
OHNA facilities VMT Minimum Parking parking capacity
Testimony definition densities projects
Exhibit 09:
Sightline Institute _ X_
Exhibit 10:
Oregon Climate X X X X X X X
Action Coalition
Exhibit 11: X X
Wilsonville
Exhibit 12: X
Eugene
Exhibit 13: X
Tigard
Exhibit 14:
Cornelius& X X X X X X
Hillsboro
Exhibit 15:
League of X X
Oregon Cities
Exhibit 16: X X X X
Springfield
Exhibits 17 & 18: X X X X X X
Oregon Realtors
Exhibit 19:
Washington X X X
County
Exhibits 20& 21: X
Portland
OHNA= Oregon Housing Needs Assessment
VMT=Vehicle miles travelled
UGB = Urban growth boundary
PP 22-0001 ATTACHMENT 1/PAGE 62 OF 71
Summary of Written Testimony Received after the Hearing July 28, 2023
Page 2 of 3
B. Topics addressed by individual commenters
Testimony Topic Recommendation
Exhibit 10: 0012 Alternate dates The rule amendments adopted in April allow cities and counties to propose
Oregon Climate alternate dates at any time.The recommended amendments make minor
Action Coalition conforming changes. No further changes recommended in response to this
comment.
Exhibit 14: 0100(3) Base year The recommended amendments to 0140(5) provide the flexibility that the
Cornelius & commenter suggested in the Portland metropolitan area.
Hillsboro
Exhibit 14: 0215(2) Performance The suggested change is not necessary as provisions for jurisdictions with adopted
Cornelius & measures scenario plans are in the adopted rules at OAR 660-012-0905(1) and OAR 660-
Hillsboro 012-0910.
Exhibit 14: 0405(4)(e)Tree The recommended amendments already remove the requirement for cities and
Cornelius & planting counties to ensure ongoing compliance with tree maintenance.This was included
Hillsboro in the June 30 draft. No further changes recommended in response to this
comment.
Exhibit 14: 0505(1) & 0605(2) The recommended amendments already narrow the scope of schools included in
Cornelius & Public schools the requirement for a detailed pedestrian inventory.This comment suggests
Hillsboro limiting the scope further to exclude religious and other private schools. Student
safety is important regardless of the type of school they attend. No further
changes recommended in response to this comment.
Exhibit 14: 0610(4) Bicycle The recommended amendments provide considerable flexibility within the
Cornelius & facility design requirement to "plan and design bicycle facilities considering the context" No
Hillsboro exceptions further changes recommended in response to this comment.
Exhibit 14: 0630(2) & (5) Bicycle The recommended amendments provide considerable flexibility for locating
Cornelius & parking in CFA's and bicycle parking. Climate-friendly areas and Metro Region 2040 Centers will
Hillsboro centers generally have higher than average bicycle mode share, so it would be counter-
productive to reduce bicycle parking in these areas. No further changes
recommended in response to this comment.
Exhibit 14: 0810(2) Street width The recommended amendments provide flexibility for cities and counties to
Cornelius & determine where a narrow street would be inappropriate. No further changes
Hillsboro recommended in response to this comment.
Exhibit 14: 0810(4) Local access The recommended amendments provide flexibility for cities and counties to
Cornelius & priority arterials classify streets. No further changes recommended in response to this comment.
Hillsboro
Exhibit 16: 0180(2)(b) The recommended amendments incorporate the suggestion to remove a phrase
Springfield Unconstrained that could be confusing.
project list
PP 22-0001 ATTACHMENT 1/PAGE 63 OF 71
Summary of Written Testimony Received after the Hearing July 28, 2023
Page 3 of 3
Testimony Topic Recommendation
Exhibit 16: 0315(2)(a) potential The recommended amendments clarify which local regulations must be
Springfield square footage considered when estimating building capacity. The comment expresses a concern
that the rule could still be unclear in some situations, but does not suggest
clarifying language. No further changes recommended in response to this
comment.
Exhibit 19: 0180 Financially Updates to 0140(5) provide additional flexibility for planning horizon years in the
Washington constrained list Portland metropolitan area. Changes to the local financially-constrained list may
County or may not be needed in coordination with a regional plan update.
Exhibit 19: 0330 Ambiguous and The recommended amendments use general terms to give flexibility to cities and
Washington subjective terms counties to make decisions appropriate to local conditions.The department can
County provide guidance to help cities and counties find one way to comply with the rule
while preserving the flexibility for other cities and counties to find their own way
to comply. No further changes recommended in response to this comment.
Exhibit 19: 0810 Ambiguous and The recommended amendments use general terms to give flexibility to cities and
Washington subjective terms counties to make decisions appropriate to local conditions. The department can
County collaborate with the Oregon Department of Transportation to provide guidance to
help cities and counties find one way to comply with the rule while preserving the
flexibility for other cities and counties to find their own way to comply. No further
changes recommended in response to this comment.
Exhibits 20 & 21: 0005(31) Parking The recommended amendments incorporate the suggestion to add "fleet
Portland spaces vehicles" to the list of parking areas that are exempt from the definition.
Exhibits 20& 21: 0610 Parallel bike The recommended amendments increase the flexibility in response to discussion
Portland facilities at advisory committee meetings about situations (for example couplets)where
the parallel facility would be more than one block away but would still provide a
safe, low stress, direct, and comfortable experience. Cities and counties have the
ability to set a more specific standard for their own bicycle network. No further
changes recommended in response to this comment.
PP 22-0001 ATTACHMENT 1/PAGE 64 OF 71
,, Increasing Housing Production
•er and Transportation Choices
OREGON The Climate-Friendly and Equitable Communities and Oregon Housing Needs
Department of Analysis Programs Expand Transportation and Housing Options
Land Conservation
& Development
Integrated Planning for Oregon's Current and Future Needs
Oregonians deserve housing they can afford, quality transportation
choices to meet their daily needs, and a healthy climate that supports 11.11111Et
generations to come.
i
Consistent with Oregon's approach of integrated, comprehensive
planning, the Climate-Friendly and Equitable Communities (CFEC) 0111111111611-11
and Oregon Housing Needs Analysis (OHNA) programs work
together to facilitate housing and transportation choice.
As the Department of Land Conservation and Development (DLCD) implements Governor
Kotek's housing executive orders, staff are working with communities across the state to develop
solutions to help facilitate the construction of the 36,000 new housing units per year Oregonians
need while meeting our climate goals. DLCD's housing, transportation, and climate teams work
together to ensure our programs result in housing production, transportation choice, and more
equitable communities.
Creating Climate-Friendly Areas with Affordable Housing and Transportation Choices
The Climate-Friendly and Equitable Communities or CFEC program builds on years of local
planning and investment. The program directs fifteen communities in Oregon's metropolitan
areas to identify and allow walkable areas with significant housing capacity, and
update zoning where needed. In these "climate-friendly areas," Oregonians should
have a range of transportation choices and be able meet most of their daily needs
without having to drive long distances.
The Climate-
Climate-friendly areas create bonus local housing capacity ready for the market to Friendly and
fill. To boost housing production in areas with transportation choice, local Equitable
governments will allow housing choice in these areas, from single-unit housing to Communities and
traditional starter housing including duplexes, triplexes, and townhomes, and Oregon Housing
apartments. As cities update their zoning codes, many are increasing housing Needs Analysis
capacity in other areas as well, to allow for additional housing production and programs work
choice. together to expand
For the purposes of proposed urban growth boundary expansions, the additional housing options for
housing units allowed in climate-friendly areas do not count as housing capacity Oregonians.
unless the market is actually building them. Cities will continue to be able to
facilitate timely urban growth area expansions in response to housing need. In one
example of policy alignment, climate-friendly areas qualify as one of the efficiency measures
required for urban growth boundary (UGB) expansions. Cities implementing updated climate and
housing programs will have a speedier path to future UGB expansions. CFEC staff are engaged
in the OHNA process to ensure the programs are aligned on this policy point.
PP 22-0001 ATTACHMENT 1/PAGE 65 OF 71
Removing Barriers; Increasing Housing Production, Affordability, and Choice
The CFEC program works to remove barriers to producing housing. These modernization
strategies enable developers to build more housing with more units.
Reducing costly parking mandates. One of the most powerful ways CFEC is helping get
needed housing built is by reducing parking mandates. Nearly one-third of households are a
single person, living alone. One of every seven Oregon renter households don't own any cars.
Requiring off-street parking increases the cost of multifamily housing by 10-20 percent and
reduces housing supply.
The CFEC program means builders can provide the amount of parking appropriate for each
unique development. In just the past few months, several previously stalled housing
developments are moving forward under CFEC's parking reforms, in Grants Pass, Beaverton,
Eugene, and Troutdale.
Allowing more housing units. The CFEC program increases the number and types of housing
units allowed in climate-friendly areas and removes obstacles for development in walkable,
mixed-use areas.
Reducing the need for expensive transportation infrastructure, such as road expansions.
Updated planning rules allow local governments to reduce the burden and cost of transportation
analysis and overbuilding of the transportation system.
Helping Oregonians afford housing. Housing and transportation are the top two expenses in
most households' budgets. CFEC aims to reduce transportation costs, thereby increasing budget
available and expanding housing options.
Funding Studies to Discover Housing Opportunities
Market studies of climate-friendly areas are an eligible use of the 2023 legislature's $3 million
investment in the CFEC program. Cities may request market studies, and the department will
provide them as resources allow. Market studies will allow local governments to evaluate the
near-term feasibility of different levels of development in climate-friendly areas and other mixed-
use zones. Recent program changes make it easier for local governments to adopt land use
regulations that are more compatible with the scale of existing developed areas.
Moving Forward
The CFEC, OHNA, and other modernization programs are part of ongoing efforts by local
governments, the Oregon legislature, and state agencies, boards, and commissions to boost
housing production and make sure all Oregonians have a place to call home. These programs
work to allow and facilitate the creation of market-rate and affordable housing options in
neighborhoods where people have a range of transportation choices to get where they live, work,
and play.
Contact and More Information
Kevin Young, Senior Urban Planner, 503-602-0238, kevin.young@dlcd.oregon.gov
Ethan Stuckmayer, Housing Division Manager, 503-302-0937, ethan.stuckmayer@dlcd.oregon.gov
Climate-Friendly and Equitable Communities Program
https://www.oregon.gov/Icd/cl/pages/cfec.aspx
Oregon Housing Needs Analysis and Other Housing Programs
https://www.oregon.gov/LCD/Housing/Pages/index.aspx
Last updated 2023-10-09
PP 22-0001 ATTACHMENT 1/PAGE 66 OF 71
Vie..�`
. '` I1Iregon Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
Tina Kotek,Governor
Salem,Oregon 97301-2540
Phone:503-373-0050
Fax:503-378-5518
www.oregon.gov/LCD
Rule-by-Rule Summary of Proposed Changes to
the Transportation Planning Rules (Vatil
(Oregon Administrative Rules Chapter 660, Division 12) ►
October 19, 2023
This document includes a summary of proposed changes to the adopted rules in chapter 660,
division 12. The changes include those that were temporarily adopted in April 2023.
Rule Proposed Changes
660-012-0000: Purpose No changes proposed.
• Addresses charge items 1 and 2.
660-012-0005: Definitions • Incorporates temporary rule changes.
• Changes for clarity and in response to
advisory committee feedback.
660-012-0010: Transportation Planning No changes proposed.
660-012-0011: Applicable Rules No changes proposed.
• Addresses charge items 3, 4, and 18.
660-012-0012: Effective Dates and Transition • Incorporates temporary rule changes.
• Changes for clarity and in response to
advisory committee feedback.
660-012-0015: Preparation and Coordination No changes proposed.
of Transportation System Plans
660-012-0020: Elements of Transportation
System Plans No changes proposed.
660-012-0025: Complying with the Goals in
Preparing Transportation System Plans; No changes proposed.
Refinement Plans
660-012-0030: Determination of No changes proposed.
Transportation Needs
660-012-0035: Evaluation and Selection of No changes proposed.
Transportation System Alternatives
660-012-0040: Transportation Financing No changes proposed.
Program
660-012-0045: Implementation of the No changes proposed.
Transportation System Plan
PP 22-0001 ATTACHMENT 1/PAGE 67 OF 71
Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules
October 19, 2023
Page 2 of 5
Rule Proposed Changes
660-012-0050: Transportation Project No changes proposed.
Development
660-012-0055: Timing of Adoption and
Update of Transportation System Plans; No changes proposed.
Exemptions
660-012-0060: Plan and Land Use No changes proposed.
Regulation Amendments
660-012-0065: Transportation Improvements
on Rural Lands No changes proposed.
660-012-0070: Exceptions for Transportation No changes proposed.
Improvements on Rural Land
660-012-0100: Transportation System Plans
in Metropolitan Areas • Minor changes for clarity.
660-012-0105: Transportation System Plan No changes proposed.
Updates
660-012-0110: Transportation System • Addresses charge items 5 and 6.
Planning Area
660-012-0115: Funding Projections No changes proposed.
660-012-0120: Transportation System No changes proposed.
Planning Engagement
660-012-0125: Underserved Populations No changes proposed.
660-012-0130: Decision-Making with
Underserved Populations No changes proposed.
660-012-0135: Equity Analysis • Addresses charge item 7.
660-012-0140: Transportation System
•
Planning in the Portland Metropolitan Area Addresses charge item 5.
660-012-0145: Transportation Options No changes proposed.
Planning
660-012-0150: Transportation System No changes proposed.
Inventories
660-012-0155: Prioritization Framework • Addresses charge item 8.
660-012-0160: Reducing Vehicle Miles No changes proposed.
Traveled
660-012-0170: Unconstrained Project List No changes proposed.
PP 22-0001 ATTACHMENT 1/PAGE 68 OF 71
Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules
October 19, 2023
Page 3 of 5
Rule Proposed Changes
660-012-0180: Financially-Constrained
Project List • Addresses charge item 9.
660-012-0190: Transportation System No changes proposed.
Refinement Plans
660-012-0200: Temporary Projects No changes proposed.
660-012-0210: Transportation Modeling and • Change to postpone effective date of the
Analysis rule to allow future revisions.
660-012-0215: Transportation Performance
Standards • Addresses charge items 10 and 11.
660-012-0300: Coordinated Land Use and No changes proposed.
Transportation System Planning
660-012-0310: Climate-Friendly Areas • Minor change to rule title.
660-012-0315: Designation of Climate- • Incorporates temporary rule changes.
Friendly Areas • Minor change to rule title.
• Addresses charge item 1.
660-012-0320: Land Use Requirements in •
Incorporates temporary rule changes.
Climate-Friendly Areas • Changes for clarity and in response to
advisory committee feedback.
• Minor change to rule title.
• Addresses charge item 12.
660-012-0325: Transportation Review in • Changes for clarity and in response to
Climate Friendly Areas advisory committee feedback.
• Minor change to rule title.
660-012-0330: Land Use Requirements • Incorporates temporary rule changes.
660-012-0340: Land Use Assumptions No changes proposed.
660-012-0350: Urban Growth Boundary No changes proposed.
Expansions
660-012-0360: Key Destinations No changes proposed.
660-012-0400: Parking Management No changes proposed.
660-012-0405: Parking Regulation
• Addresses charge items 14, 15, and 16.
Improvements • Changes for clarity and in response to
advisory committee feedback.
660-012-0410: Electric Vehicle Charging • Minor change for clarity.
PP 22-0001 ATTACHMENT 1/PAGE 69 OF 71
Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules
October 19, 2023
Page 4 of 5
Rule Proposed Changes
• Addresses charge items 17 and 18.
660-012-0415: Parking Maximums and • Incorporates temporary rule changes.
Evaluation in More Populous Communities • Changes for clarity and in response to
advisory committee feedback.
660-012-0420: Exemption for Communities No changes proposed.
without Parking Mandates
660-012-0425: Reducing the Burden of • Incorporates temporary rule changes.
Parking Mandates • Changes for clarity.
660-012-0430: Reduction of Parking
Mandates for Development Types •
Addresses charge item 13.
660-012-0435: Parking Reform in Climate • Addresses charge items 18 and 20.
Friendly Areas • Incorporates temporary rule changes.
660-012-0440: Parking Reform Near Transit • Addresses charge items 21 and 22.
Corridors
660-012-0445: Parking Management • Addresses charge items 17, 19, and 23.
Alternative Approaches • Incorporates temporary rule changes.
660-012-0450: Parking Management in More No changes proposed.
Populous Communities
660-012-0500: Pedestrian System Planning No changes proposed.
660-012-0505: Pedestrian System Inventory • Addresses charge item 24.
660-012-0510: Pedestrian System • Addresses charge items 8 and 25.
Requirements
660-012-0520: Pedestrian System Projects No changes proposed.
660-012-0600: Bicycle System Planning No changes proposed.
660-012-0605: Bicycle System Inventory • Addresses charge item 24.
• Addresses charge item 8.
660-012-0610: Bicycle System Requirements • Changes for clarity and in response to
advisory committee feedback.
660-012-0620: Bicycle System Projects No changes proposed.
• Options for Commission
660-012-0630: Bicycle Parking
• Addresses charge item 17.
• Changes for clarity and in response to
advisory committee feedback.
660-012-0700: Public Transportation System • Addresses charge item 26.
Planning • Changes for clarity.
PP 22-0001 ATTACHMENT 1/PAGE 70 OF 71
Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules
October 19, 2023
Page 5 of 5
Rule Proposed Changes
660-012-0705: Public Transportation System No changes proposed.
Inventory
660-012-0710: Public Transportation System No changes proposed.
Requirements
660-012-0720: Public Transportation System No changes proposed.
Projects
660-012-0800: Street and Highway System No changes proposed.
Planning
660-012-0805: Street and Highway System No changes proposed.
Inventory
660-012-0810: Street and Highway System • Addresses charge item 27.
Requirements
660-012-0820: Street and Highway Projects No changes proposed.
• Addresses charge item 28.
660-012-0830: Enhanced Review of Select • Incorporates temporary rule changes.
Roadway Projects • Changes for clarity and in response to
advisory committee feedback.
660-012-0900: Reporting No changes proposed.
660-012-0905: Land Use and Transportation • Minor changes for clarity.
Performance Measures
660-012-0910: Land Use and Transportation • Addresses charge item 29.
Performance Targets
660-012-0915: Review of Reports No changes proposed.
660-012-0920: Compliance Hearings No changes proposed.
PP 22-0001 ATTACHMENT 1/PAGE 71 OF 71
ATTACHMENT 2
City of Lake Oswego—CFEC Parking Reform
11/14/2023
Project Schedule
Rulemaking Updates& Extension Council Study Session#1 Jun 21, 2022
Request [Jun 2022—Jul 2023]
Planning Commission Update#1 Jun 27
Planning Commission Update#2 Jan 9, 2023
Planning Commission Work Session#1 Jul 24
Project Background and Overview Council Study Session#2 Sep 5
of Alternatives [Aug—Sep 2023]
Planning Commission Work Session#2 Sep 25
Work Plan/Public Involvement Targeted Outreach Oct—Dec 2023
Plan/Scoping [Oct—Dec 2023]
Planning Commission Work Session#3 Nov 27
Council Study Session #3 Dec 5
Initial Concepts/ Targeted Outreach Jan— Mar 2024
Recommendations
[Jan—Apr 2024] Open House/Community Meeting Mar 7, 2024
Joint PC-CC Study Session (#4) Apr 16
Draft Code Amendments Internal Review/ Drafting Apr-Jun
[Apr-Aug 2024]
Planning Commission Work Session#5 Jun 24
Final Code Adoption Planning Commission Public Hearing Oct 14
[Sep— Dec 2024] —
Planning Commission Findings Oct 28
City Council Public Hearing Nov 19
City Council Findings Dec 3
Effective Date: Jan 2, 2025
Public Engagement Plan
Introduction:
This Public Engagement Plan describes the roles of City staff in engagement efforts for the City's efforts
to comply with state rules under the Climate-Friendly and Equitable Communities (CFEC) rules (OAR
660-012-0400 to -0450).These engagement efforts are intended to build upon existing relationships and
community networks to the fullest extent possible through targeted outreach.
This document provides a working list of the public involvement activities proposed as part of the
project. It is intended as a living document and may be updated as the project progresses.
PP 22-0001 ATTACHMENT 2/PAGE 1 OF 3
Desired Project Outcomes:
• Inform the public about the requirements of the Governor's Order and the City's work to comply
with CFEC rules;
• Involve stakeholders by asking relevant questions and reporting back to the public how their
feedback influenced the project; and
• Empower participants to help shape City policy on important topics.
Engagement Methods:
• Targeted Outreach to Key Stakeholders: Oct 2023—Mar 2024
o Lake Oswego Sustainability Network(LOSN)—Tues, 9/26
o Chamber of Commerce/Lake Grove Business Association—Thurs, 10/12
o Mayor's Roundtable-TBD
o Neighborhood Chairs Committee—TBD
o Transportation Advisory Board—TBD
o Focus Group Discussion (TBD) with representatives from:
■ HPS Task Force
■ Sustainability Advisory Board
■ Diversity, Equity, and Inclusion Advisory Board
■ LOSN
■ Transportation Advisory Board
■ Chamber of Commerce
■ Lake Grove Business Association
• Project Website+ Updates:ongoing
o The City will host a website that describes the project, includes project updates, and
allows the public to access draft documents as they become available.The website will
provide a link to a comment form and direct email contact for the project.
• Project Email List:ongoing
o The City will maintain an email list for all that are interested in learning more about the
project. Interested members of the public may sign up to receive project updates via
email through a link on the project website.
• Open House/Community Meeting: March 7, 2024
o Either an online open house or in-person community meeting will be held to receive
input from members of the public regarding the options to comply with CFEC.
o The open house is expected to take the form of a presentation that summarizes material
and guides participants through a set of questions.
• Hello LO articles:ongoing/monthly
o The City will include updates and information in its monthly Hello LO publication.
PP 22-0001 ATTACHMENT 2/PAGE 2 OF 3
• City Council: ongoing
o Staff will bring the project forth at meetings of the City Council to receive direction and
guidance at key stages.
o 2 meetings so far (6/21/22, 9/5/23)
o Next study session on 12/5/23
o Joint study session with the Planning Commission on 4/16/24
o Public Hearing on 11/19/24
• Planning Commission: ongoing
o Staff will bring the project forth at meetings of the Planning Commission to provide
information and develop recommendations for Council consideration.
o 3 meetings so far (7/24/23, 9/25/23, 11/27/23)
o Joint study session with City Council on 4/17/24
o 1 more work session on 6/24/24
o Public Hearing on 10/14/24
PP 22-0001 ATTACHMENT 2/PAGE 3 OF 3