HomeMy WebLinkAbout1-Staff Report 12-20-21 PCPH 01-24-22 w-Exh LU 21-0057 STAFF REPORT
CITY OF LAKE OSWEGO
PLANNING AND BUILDING SERVICES DEPARTMENT
APPLICANT FILE NO.
City of Lake Oswego LU 21-0057, Ordinance 2884
LOCATION STAFF
Citywide Evan Fransted, AICP, Senior Planner
DATE OF REPORT PLANNING COMMISSION HEARING DATE
December 20, 2021 January 24, 2022
I. APPLICANT'S REQUEST
The City of Lake Oswego is proposing to amend Chapter 50 (Community Development Code)
of the Lake Oswego Code for the purpose of clarifying and updating various sections. The
draft code amendments, which would enact these changes, are included in Attachment 2 to
Exhibit A-1. The proposed amendments include provisions that will:
CODE MAINTENANCE ITEMS (LOC Chapters 50.06, 50.07, 50.08 & 50.10)
ITEM TITLE CODE SECTIONS)
1. Clarify that the building design standards that require a building LOC 50.06.001.5.b.i
to be complementary to adjacent buildings apply in relation to
other buildings of similar design/characteristics (e.g. commercial
to commercial; commercial to multi-family) but not to nearby
single-family buildings, for example
2. Delete obsolete 180-day extension reference for code LOC 50.07.003.1.h.i
consistency
3. Clarify the required setback from an access lane LOC 50.07.007.2.e.iii
4. Fix conflicting Minor Variance standards for adjusting setbacks to LOC 50.08.002.2.a.iii
preserve a tree
5. Amend definition of "Family" to comply with HB 2583 that will be LOC 50.10.003
effective January 1, 2022
Planning Commission Public Hearing Page 1 of 11 LU 21-0057
1/24/22
CODE POLICY ITEMS & DISCUSSION (LOC Chapters 50.03, 50.04, 50.06 & 50.07 )
1. Expand the hours for Saturday Market Temporary Uses LOC 50.03.005.5.a
2. Reduce the maximum size of boathouses within the Oswego Lake LOC 50.04.003.7.b
Setback from 560 sq. ft. to 500 sq. ft. and clarify that side and
rear yard setbacks do not apply to boathouses
3. Clarify when the building design standards apply to new buildings LOC 50.06.001.5.b.i and ii
added to multi-building sites
4. Allow option for online neighborhood meetings that are required LOC 50.07.003.1.f.ii(1)(b)(iv)
for land use development applications
5. Provide online and in-person public hearings LOC 50.07.003.3.c.iii(5) and
50.07.003.4.f.iv]
II. APPLICABLE REGULATIONS
A. City of Lake Oswego Comprehensive Plan
Land Use Planning
Policies A-1, A-2, C-1, C-3 and D-1
Community Culture
Policies 1, 2, 3, 4, 5 and 8
Inspiring Spaces and Places
Goal 1, Policies 1, 2, 3 and 8
Goal 2, Policies 4 (d and e)
Complete Neighborhoods & Housing
Policies A-4, A-5 and C-7
Economic Vitality
Policy B-1 (b, c, and d)
Community Health and Public Safety
Sound Quality- Policy 1
Access to Local Food — Policy 1
Healthy Ecosystems
Oswego Lake - Policies 1 and 2
B. City of Lake Oswego Community Development Code
LOC 50.07.003.16.a Legislative Decisions Defined
LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d Planning Commission Recommendation Required
LOC 50.07.003.16.e City Council Review and Decision
Planning Commission Public Hearing Page 2 of 11 LU 21-0057
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III. INTRODUCTION / BACKGROUND INFORMATION
The purpose of the proposed code amendments is twofold: 1) to correct errors, eliminate
text redundancy, and clarify text; and 2)to implement minor policy changes intended to
streamline the permit process and implement City Council goals and priorities, consistent
with the Comprehensive Plan. This process is part of the City's ongoing effort to make the
regulations less burdensome on residents and businesses while maintaining community
standards.
Proposed Ordinance 2884 consists of five maintenance amendments and five policy
amendments. The text boxes in Attachment 2 of Exhibit A-1 describe the reason for each
amendment, and include commentary on its background and discussion points. The
commentary and discussion points for each of these items are found in Attachment 2 of
Exhibit A-1.
IV. NOTICE OF APPLICATION
A. Newspaper Notice
On January 6, 2022, public notice of the proposed CDC text amendments and
Planning Commission public hearing will be published in the Oregonian.
B. ORS 227.186 (Measure 56) Notice
The City followed the procedures required by ORS 227.186 (Ballot Measure 56)for
notification of the owners of property potentially affected by changes that "amends
an ordinance in a manner that limits or prohibits land uses previously allowed in the
affected zone." The proposed amendments to reduce the current maximum size of
boathouses (Policy Item 2) requires a Measure 56 notice. The notice was mailed to
all property owners abutting Oswego Lake and the canals where boathouses are
located.
C. DLCD and Metro Notices
Pursuant to ORS 197.610 and LOC 50.003.07.16.c, staff has provided notice of the
proposed CDC text amendments to the Oregon Department of Land Conservation
and Development (DLCD). Staff notified Metro as required by Metro Code
3.07.820(a).
V. COMPLIANCE WITH APPROVAL CRITERIA
A. City of Lake Oswego Comprehensive Plan
Staff has identified the following Comprehensive Plan Policies applicable to this proposal:
Planning Commission Public Hearing Page 3 of 11 LU 21-0057
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Land Use Planning— Development (Community Development Code), Development
Review, Design Standards and Guidelines, and Land Use Administration
Policies A-1, A-2, C-1, C-3, and D-1
Development (Community Development Codel
Policy A-1: Maintain land use regulations and standards to:
//
b. Promote compatibility between development and existing and desired
neighborhood character;
//
g. Promote architectural and site design quality.
Findings: Staff finds that all of the proposed amendments are necessary to
streamline the Code for consistency and efficiency. None of the amendments will
negatively impact the Code's ongoing ability to ensure compatible redevelopment,
preservation of neighborhood character, and quality of architectural or site design.
Policy A-2: Ensure that land use regulations have sufficient flexibility to allow
developers and the City to propose measures to:
a. Adapt development to unique and difficult site conditions;
b. Preserve open space and natural resources; and,
c. Avoid negative impacts on surrounding properties.
Findings: Staff finds that some of the amendments are specifically tailored to allow
flexibility and provide clarity for developers and City staff.
• Maintenance Item #1 and Policy#3 clarify when certain design standards apply
to new commercial, industrial or multi-family buildings, thereby removing
potential development barriers.
• Maintenance Item #4 fixes a conflicting Minor Variance standard for adjusting
setbacks to preserves trees.
• Policy Item #2 clarifies that side and rear setbacks to do not apply to boathouses
located in the Oswego Lake setback.
These amendments, along with all of the others, will not substantially change how
the existing Code preserves open space and natural resources, and avoids negative
impacts of development on surrounding properties.
Design Standards and Guidelines
Policy C-1: Enact and maintain regulations and standards which require:
a. New development to enhance the existing built environment in terms of size,
scale, bulk, color, materials and architectural design;
b. Landscaping;
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c. Buffering and screening between differing land uses;
d. Measures to foster a safe and interesting transit and pedestrian environment;
and,
e. Minimize and/or mitigate adverse traffic impacts generated by new development
on adjacent neighborhoods.
Findings: Staff finds that the proposed amendments either do not impact or help
refine and clarify the existing Code's design regulations and standards listed under
this policy. Maintenance Item #1 clarifies the building design standards that require
a building to be complementary to adjacent buildings apply in relation to buildings
of similar type/characteristics (e.g. commercial to commercial; multi-family to
commercial), and that would be subject to some building design standard, but not to
adjacent single-family buildings, for example. Maintenance Item #4 fixes conflicting
Minor Variance standards for adjusting setbacks to preserve a tree. Policy Item #2
reduces the maximum size of boathouses in Oswego Lake Setback from 560 sq. ft. to
500 sq. ft., which aligns with the Lake Corporation policy and will help create
continuity along Oswego Lake in terms of size, scale and bulk which will positively
enhance the existing built environment.
Policy C-3: Ensure through development and design standards that both public and
private developments enhance the aesthetic quality of the community.
Findings: Staff finds that the proposed Maintenance Item #1 and Policy#3 provides
clarity to the commercial, industrial and multi-family design standards that will help
ensure new development enhances the aesthetics of the community.
Land Use Administration
Policy D-1: Coordinate the development and amendment of City plans and actions
related to land use with other affected agencies, including county, state, Metro,
federal agency, and special districts.
Findings: Staff has provided the required notification to State and Metro
jurisdictions consistent with this policy. Federal agencies and special districts are not
uniquely affected by these amendments.
Conclusion: The proposal is consistent with these Land Use Planning policies.
Community Culture
Policies 1, 2, 3, 4, 5 and 8
Policy 1: Provide opportunities for citizen participation in preparing and revising local
land use plans and ordinances.
Policy 2: Provide citizen involvement opportunities that are appropriate to the scale
of a given planning effort. Large area plans, affecting a large portion of community
Planning Commission Public Hearing Page 5 of 11 LU 21-0057
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residents and groups require citizen involvement opportunities of a broader scope
than that required for more limited land use decisions.
Policy 3: Utilize City boards and commissions, neighborhood associations, and other
community groups to ensure a diverse and geographically broad range of citizen
input in land use issues.
Policy 4: Encourage citizens to participate through their neighborhood without
excluding participation as individuals or through other groups.
Policy 5: Seek citizen input through service organizations, interest groups and
individuals, as well as through neighborhood organizations.
Policy 8: Define how the public will be engaged in each phase of the land use
planning process at the beginning of the process.
Findings: The Community Development Code, which implements the
Comprehensive Plan, contains requirements for a citizen involvement program that
clearly defines the procedures by which the general public will be notified in the on-
going legislative land use planning process and enables citizens to comprehend the
issues and become involved in the development of land use policy. The proposed
code amendments were identified over the past year based on input from the
community, including neighborhood representatives, builders/development
applicants, staff, and the Planning Commission. The Commission held two work
sessions where public input on the scope of the proposed code amendments was
accepted. All required notification measures and opportunities for input as specified
in the Code were provided during this process, including notice to all Neighborhood
Associations and business organizations. Public hearings will be held before the
Planning Commission and City Council. Therefore, the process followed for these
amendments complies with the above cited Comprehensive Plan policies.
The proposed Code amendments that involve changes to citizen involvement
includes Policy Items 4 and 5. Policy Item #4 allows online hearings, which the Code
current does not allow. Policy Item #5 allows neighborhood meetings required for
development applications to be online. Staff finds that both items will make it easier
and more accessible for the public to participate in land use planning.
Conclusion: The City has provided adequate opportunities for public participation
consistent with the applicable Comprehensive Plan policies. The proposed
amendments are consistent with the Community Policies.
Inspiring Spaces and Places
Goal 1, Policies 1, 2, 3, and 8
Goal 2, Policy 4 (d and e)
Planning Commission Public Hearing Page 6 of 11 LU 21-0057
1/24/22
Goal 1:
Policy 1:Adopt implementation measures and guidelines that ensure:
a. New development in residential areas complements the existing built
environment in terms of size, scale, bulk, height, and setbacks.
b. New development in mixed-use, commercial and employment areas:
i. Promotes a safe and attractive pedestrian environment;
ii. Reflects high-quality aesthetics, considering size, scale and bulk, color,
materials, architectural style and detailing, and landscaping; and
iii. Includes buffering and screening to protect residential uses and
neighborhoods.
Findings: Most of the proposed amendments are maintenance amendments or are
minor adjustments necessary to ensure code consistency and to clarify procedural
regulations; this policy is not applicable to these code amendments. Maintenance
Item #1 (complementary building design), Maintenance#4 (minor variances to
preserve a tree), Policy Item #2 (maximum sq. ft. for boathouses and Oswego Lake
setback for boathouses), and Policy Item #3 (building design on multi-building sites)
will help ensure high-quality development across multiple zones and promote a safe
and attractive pedestrian environment.
With these amendments, the Code will continue to promote quality pedestrian
environments and aesthetics while ensuring residential uses are buffered.
Policy 2:Adopt and maintain design standards and provide incentives that
encourage exceptional or high-quality design.
Findings: Maintenance Item #1 (complementary building design), and Policy Item #3
(building design on multi-building sites) ensure code consistency and to clarify when
the design standards apply to new commercial, industrial or multi-family buildings.
The proposed amendments will contribute to the existing regulations that
encourage exceptional or high-quality design.
Policy 3: Establish standards for new development to preserve and enhance the
natural environment, and to integrate natural features and functions.
Findings: Maintenance Item #3 clarifies that a setback variance of 50%, not 20%, is
applicable to preserve a tree. This amendment will make it clearer that there is an
existing incentive to a preserve tree in relation required yard setbacks.
Policy 8: Protect Lake Oswego's village aesthetic by adopting and maintaining
implementation measures and guidelines that preserve the residential character of Lake
Oswego's neighborhoods, safeguard places of historical significance (See also,
Community Culture: Historic and Cultural Resources), and encourage urban form that
Planning Commission Public Hearing Page 7 of 11 LU 21-0057
1/24/22
results in pedestrian friendly retail districts in existing commercial areas, including
buildings oriented to the street and active ground floor uses.
Findings: Adopted standards that ensure quality design and preservation of residential
character are being maintained in the Code, with some of them being modified.
Maintenance Item #1 (complementary building design), and Policy Item #3 (building
design on multi-building sites) ensure code consistency and to clarify when the design
standards apply to new commercial, industrial or multi-family buildings.
Goal 2:
Policy 4 (d and e): Promote carefully organized patterns of growth through land use
regulations, standards, and incentives that:
//
d. Provide design guidelines that enhance and preserve the unique character of Lake
Oswego's neighborhoods and commercial districts.
e. Provide opportunities for local economic growth.
Findings: The existing Code regulations include standards that ensure enhancement and
preservation of the City's unique neighborhoods and commercial districts.
• Maintenance Item #1 and Policy Item #3 helps preserve neighborhood character by
providing clarity on applying the design criteria for new commercial, industrial or
multi-family buildings.
• Policy Item #1 would expand the Saturday Market type sales on Sunday, which would
provide more opportunities for local economic growth.
Conclusion: The proposal is consistent with these Inspiring Spaces and Places policies.
Complete Neighborhoods and Housing— Housing Location and Quality, Housing
Choice and Affordability, and Complete Neighborhoods
Policies A-4 and C-7
Housing Location and Quality:
Policy A-4: Maintain land use regulations and standards that provide for mitigation of
adverse impacts such as noise, traffic, privacy and visual aesthetics, on differing, adjacent
land uses through site and building design.
Findings: The existing Code regulations include standards that mitigate adverse impacts
to noise, traffic, privacy and visual aesthetics on surrounding uses from new
development. Maintenance Item #1 and Policy Item #3 helps mitigate adverse impacts
on visual aesthetics by providing clarity on applying the design criteria for new
commercial, industrial or multi-family buildings.
Planning Commission Public Hearing Page 8 of 11 LU 21-0057
1/24/22
Complete Neighborhoods:
Policy C-7: Require infill housing to be designed and developed in ways to be compatible
with existing neighborhood character.
Findings: The existing Code includes both zone dimensional and structure design
standards that ensure compatible infill development.
Conclusion: The proposed amendments are consistent with Complete Neighborhoods
and Housing policies.
Economic Vitality—Employment Zones
Policy B-1 (b, c, and d)
Policy B-1: Provide opportunities for redevelopment and development in employment
zones while:
//
b. Addressing impacts such as noise, traffic, and visual aesthetics, on adjacent land uses
through site and building design;
c. Complying with design and aesthetic standards to promote compatibility with Lake
Oswego's community character;
d. Preserving natural resources and providing required open space;
//
Findings: Maintenance Item #1 and Policy Item #3 help address visual aesthetics and
design standards by providing clarity on applying the design criteria for new commercial,
industrial or multi-family buildings. Maintenance Item #3 clarifies that a greater variance
of up to 50% of the yard setback compared to 20% is applicable to preserve a tree.
Conclusion: The proposal is consistent with this Economic Vitality policy.
Community Health and Public Safety
Sound Quality- Policy 1
Access to Local Food — Policy 1
Sound Quality- Policy 1: Preserve and maintain the quiet character of residential
neighborhoods, public open spaces, natural parks and parks with natural elements
through zoning regulations and development standards.
Findings: Policy Item #1 would expand the "Saturday Market" type hours on Sunday
(change from 1:00 PM —5:00 PM, to 10:00 AM —5:00 PM) in order to increase
attendance at the Lake Grove Farmer's Market while avoiding early morning hours.
"Saturday Market" type uses require a special event permit, are allowed only in
nonresidential zones and must have sufficient parking [LOC 50.03.005.5.a]. The Market
use will continue to be permitted in the East End Commercial District and Lake Grove
Planning Commission Public Hearing Page 9 of 11 LU 21-0057
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Village Center Overlay provided these requirements are met, thereby mitigating
potential adverse traffic and noise impacts on nearby properties. The existing
regulations ensure the expansion in hours for "Saturday Market" type uses on Sunday
will preserve the quiet character of residential neighborhoods, public open spaces,
natural parks and parks.
Access to Local Food — Policy 1: Allow farmers'markets,farm/produce stands and
community gardens where they are compatible with the surrounding uses.
Findings: Policy Item #1 would expand the "Saturday Market" type uses hours of
operation from 1:00 p.m. to 5:00 p.m. on Sunday to 11:00 a.m. to 5 p.m. Sunday. The
expansion in hours on Sunday will not change the already permitted "Saturday Market"
type uses that are allowed only in nonresidential zones, must have sufficient parking and
all produce/debris must be removed at the end [LOC 50.03.005.5.a]. The existing
regulations ensure the expansion in hours for "Saturday Market" type uses on Sunday
will be compatible with surrounding uses.
Healthy Ecosystems
Oswego Lake— Policies 1 and 2
Oswego Lake— Policy 1: Cooperate with the Lake Oswego Corporation to protect the
natural resource, energy, aesthetic and recreation values of Oswego Lake.
Findings: Policy Item #2 would align with the Lake Oswego Corporation aesthetic
regulations that limits the maximum size of boathouse to 500 square feet.
Oswego Lake— Policy 2: Require all development proposed within or adjacent to Oswego
Lake to:
a. Minimize negative impacts on vegetation, slopes,fish and wildlife habitat, wetlands,
stream corridors and scenic views, while allowing reasonable recreational use by
landowners;
b. Incorporate and maintain natural features,functions and values in the project design;
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Findings: Policy#2 reduces the maximum size of boathouses. Boathouses are used for
recreational use of Oswego Lake, its bays and canals. Policy Item #2 would help minimize
negative impacts to natural areas and resources by reducing the development size of
these structures along Oswego Lake. Other existing regulations such as Tree Protection
(Chapter 55) and Erosion Control (Chapter 52) will ensure negative impacts on
vegetation, slopes, fish and wildlife habitat, wetlands, stream corridors are minimized.
Likewise, the smaller size of a boathouse will make it easier to incorporate and maintain
natural features.
Planning Commission Public Hearing Page 10 of 11 LU 21-0057
1/24/22
VI. RECOMMENDATION
Based on the information presented in this report, staff recommends approval of the
proposed code amendments.
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2884, draft 12/20/21
Attachment 1: Reserved for City Council Findings (not included)
Attachment 2: Community Development Code Amendments, draft
12/20/21
B. Findings, Conclusions and Order [No current exhibits; reserved for hearing use]
C. Minutes [No current exhibits; reserved for hearing use]
D. Staff Reports [No current exhibits; reserved for hearing use]
E. Graphics/Plans [No current exhibits; reserved for hearing use]
F. Written Materials [No current exhibits; reserved for hearing use]
G. Letters [No current exhibits; reserved for hearing use]
Staff reports and public meeting materials that were prepared for these code amendments can be
found by visiting the project web page for LU 21-0057. Use the link below to visit the City's
"Project" page.
https://www.ci.oswego.or.us/all-proiects
(Under "Search" enter LU 21-0057, then press "Enter")
Planning Commission Public Hearing Page 11 of 11 LU 21-0057
1/24/22
DRAFT 12/20/2021
ORDINANCE NO. 2884
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CLARIFYING AND UPDATING
VARIOUS PROVISIONS (2021); AND, ADOPTING FINDINGS (LU 21-0057).
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 January 24, 2022, at
which the staff report, testimony, and evidence were received and considered; and
WHEREAS, the Planning Commission has recommended that LU 21-0057 be approved by the
City Council; and
WHEREAS, a public hearing on LU 21-0057 was held before the City Council of the City of Lake
Oswego on March 15, 2022, at which the staff report, testimony, and evidence were received
and considered; and
WHEREAS, these amendments to the Lake Oswego Code, Chapter 50 (Community Development
Code) are intended to remove ambiguous and conflicting language, correct the text, and add
clarifying text which is consistent with past interpretations;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 21-0057), attached
as Attachment 2 of Exhibit A-1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikcthrough type and adding new text shown in double
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 15th day of
March 2022.
Ordinance 2884 (LU 21-0057) EXHIBIT A-1/PAGE 1
DRAFT 12/20/2021
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joe Buck, Mayor
Dated:
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Jason Loos, City Attorney
Ordinance 2884 (LU 21-0057) EXHIBIT A-1/PAGE 2
ATTACHMENT 2
LU 21-0057
ANNUAL CODE AMENDMENTS
Maintenance
ITEM 1: LOC 50.06.001.5.b.i/Commercial, Industrial, and Multi family
Building Design
b. Design Standards
Buildings shall be designed and located to complement and preserve existing buildings, streets and paths,
bridges and other elements of the built environment, and to assure accessibility for bicyclists, pedestrians, and
users of other transportation modes.
i. Design buildings to be complementary in appearance to adjacent structures of good design that, if
newly constructed. would either be subject to this standard or to a design overlay buildine design
standard with regard to:
(1) Materials;
(2) Setbacks (for retail/commercial part specifically);
(3) Rooflines;
(4) Height; and
(5) Overall proportions.
Exception: This standard does not apply to seasonal restaurant enclosures.
Mil
Item 1 (M): Clarifies that the standard to design buildings to be complementary in appearance to adjacent
structures of good design only applies to other structures of similar design/characteristics, such as commercial
to commercial or commercial to multi-family, but not to adjacent single-family buildings.The amendments
would codify that building design is to be complementary in appearance to adjacent structures of good design
that would, if newly constructed, be subject to either this standard or to a design overlay building design
standard with regard to materials, setbacks (for retail/commercial part specifically), rooflines, height, and overall
proportions. In other words, although an existing adjacent building may have predated being subject to a
building design standard, it would still be considered (if of good design) in determining if the subject building is
complementary to that existing adjacent building.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 1 OF 10
ITEM 2: LOC 50.07.003.1.h.i/Completeness Review 180-day Extension
h. Extensions or Continuances
i. Extension to File Completed Application. The applicant for a major or minor development may request
one additional 180 day extension for filing a complete application. No extension or continuance is
available to file a completed application. ner ORS 227.178(3. 4).
iL i. Extension to Complete Review and Decision on Application. The applicant for a major or minor
development may request in writing a specified period of time for a continuance of review of a complete
application. A request for an extension or continuance shall be deemed a waiver of the applicable Maximum
Review Period Rule deadline contained in ORS 227.178 for the period of the extension or continuance, and
for any additional time required for rescheduling or renoticing review proceedings. The total of all extensions
for review of a complete application may not exceed 245 days.
Item 2(M): Per ORS 227.178(3,4), the statute that this subsection is based on, the application is void if the
information or a request to proceed based upon the application as previously submitted is not submitted by the
180th day.The proposed amendment deletes the obsolete 180-day extension reference for code consistency.
Note to Codifier: Upon codification, remove the Editor's Note:
[Editor's Note: ORS 227.178(3), the statute that this subsection is based on, declares the application
void if the information or a request to proceed based upon the application as previously submitted is not
submitted by the 180th day. The City Attorney's Office concludes that this subsection is therefore
superseded by ORS 227.178(3), and no extensions to the 180-day"additional information" period are
permissible.]
ITEM 3. LOC 50.07.007.2.e.iii/Flag Lots —Access Lane Siting
iii. Access Lane Siting
The access lane shall be located no closer than five ft. to any existing dwellings. measured from the access
easement boundary.
Item 3(M):Add language to expressly state for public readability of the code requirement that the five-foot
setback is measured from the edge of the 20-foot access easement.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 2 OF 10
ITEM 4: LOC 50.08.002.2.a/Minor Variance Classifications
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a. A variance of 20% or less from yard setbacks or the Oswego Lake setback for a single-family dwelling, zero lot
line dwelling, or an associated accessory structure that does not comply with LOC 50.03.004.2.b, Reduction of Side
or Rear Yard Setbacks for Accessory Structures, provided:
i. 20%or less reduction from yard setbacks or the Oswego Lake setback:
(1)1. The resulting side yard setback is not less than five ft.; and
(2)ii. If located in the R-6 zone, a minor variance to front yard setbacks shall be limited to two ft. or less;
or
If the request is necessary to preserve a tree:
(1) The request is the minimum necessary to preserve the tree; and
(2) The resulting yard setback is not less than 50% of the required standard; and
(3) Side yards are not reduced to less than five ft., and if located in the R-6 zone, the required front
yard setback is not reduced by more than two ft.
Item 4(M):The amendment fixes a conflict that was created when the lead paragraph for LOC 50.08.002.2.a
was amended to include "A variance of 20%or less", which used to be under subsection 2.a.i only.This directly
conflicts with subsection 2.a.iii, which allows up to a 50% reduction in a setback in order to preserve a tree. Per
the legislative history in LU 14-0018,there was no intention to change the setback variance allowed in order to
preserve a tree from a 50%to 20%. Proposed amendment fixes the conflicting standards by inserting language
that if the request is necessary to preserve a tree, a variance greater than 20%from yard setbacks or the
Oswego Lake setback is allowed if the criteria are met.
ITEM 5: LOC 50.10.003.2/Definition of "Family"
////
Family
°^ d fiPersons related-by-blood, marriage, legal adoption, or associated by guardicinchil
living together in a dwelling unit as a single housekeeping unit.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 3 OF 10
////
Item 5 (M): Removes a maximum occupancy limit from the definition of"Family"to comply with HB
2583.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 4 OF 10
POLICY CODE AMENDMENTS
Item 1: LOC 50.03.005.5.a/Saturday Market Temporary Use
////
a. "Saturday Market"type sales of produce from temporary sales shelters (including vehicles)subject to the
following standards:
i. Weekends: From 8:00 a.m. to 4:00 p.m. on Saturdays and 11:00 a.m. 1:00 p.m. to 5:00 p.m. on
Sundays.
ii. Weekdays: On one designated weekday from 8:00 a.m. to 4:00 p.m.
////
Item 1 (P): The City of Lake Oswego Parks Department has received comments from vendors and
neighbors that indicated a desire to explore an earlier start time in order to increase attendance at the
Lake Grove Farmer's Market.The amendment would expand the hours for Saturday Market Temporary
Use on Sunday from a start time of 1:00 p.m. to 11:00 a.m. The Market use will continue to be allowed
in both the East End Commercial District and Lake Grove Village Center Overlay subject to approval of a
Special Events Permit.The Community Development Code applies only to real property (lots) and not
public right-of-way locations where these Markets may also be held.
ITEM 2: LOC 50.04.003.7.b/Boathouse Maximum Size and Setbacks
7. OSWEGO LAKE SETBACK
a. Except as permitted under LOC 50.04.003.7.b, a structure shall be set back a minimum of 25 ft. from the
property line of the parcels which constitute Oswego Lake, its bays and canals in all zones except in the R-W
zone, as shown in Figure 50.04.003-A: Measurement of Oswego Lake Setback. The exception in
LOC 50.03.004.2.b for siting accessory structures within setbacks shall not apply to this Oswego Lake setback.
b. The following uses and structures are permitted within the Oswego Lake setback:
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 5 OF 10
TABLE 50.04.003-2: USES AND STRUCTURES PERMITTED WITHIN OSWEGO LAKE SETBACK
Uses and
Maximum Height Height Limitations Other Standards
Structures
Barbeque; fireplace Height exceptions in
6 ft. LOC 50.04.003.4 are NOT
applicable
Lights; steps; dock; Height exceptions in
deck; pool; 30 in. LOC 50.04.003.4 are NOT
spa/Jacuzzi applicable
Outdoor shower Height exceptions in
8 ft. LOC 50.04.003.4 are NOT
applicable
Boathouse •Wall height: 10 ft., measured
from Oswego Lake surface
elevation, to eave
13.5 ft., measured from Height exceptions in • Maximum 500560 sq. ft.
Oswego Lake surface LOC 50.04.003.4 are NOT footprint
elevation applicable • Side and rear yard
setbacks do not aaaly
within Oswego Lake
setback.
Lake-related
infrastructure None None
structures and uses
Fences and
retaining walls See LOC 50.06.004.2 Only as permitted by
(including seawalls) LOC 50.06.004.2
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 6 OF 10
Item 2 (P):The amendment reduces the maximum allowed size of boathouses to 500 square feet and
clarifies that boathouses are permitted in the side and rear yard setbacks.The proposed 500 square
feet maximum size would align with the Lake Corp. private standard that limits boathouses to 500
square feet. Also, per the recent Flood Management Overlay District amendments recommended (LU
20-0005), if a boathouse would not qualify as an "accessory structure" per FEMA definition (< 200 sq.
ft., located outside of setbacks),then the owner would apply for a ministerial "boathouse variance," if<
500 sq. ft., under amendments to LOC 50.05.011 to the Flood Management Area Overlay.
For the setback issue, LOC 50.04.003.1.a states that "structures which are permitted within the Oswego
Lake setback(LOC 50.04.003.7) are similarly permitted within the setbacks in LOC 50.04.001 to the
extent the setback area is co-terminus with the Oswego Lake setback." For reader's convenience, LOC
50.04.003.7.b should also state that the rear or side yard setbacks do not apply to a boathouse within
the area of the Oswego Lake Setback. LOC 50.04.003.1.a will continue to state that other structures
permitted within the Oswego Lake setback, such a permanent barbeque or fireplace, are also allowed
within the side and rear yard setbacks.
ITEM 3: LOC 50.06.001.5.b.i and ii/Commercial, Industrial, and Multi-
family Building Design
b. Design Standards
Buildings shall be designed and located to complement and preserve existing buildings, streets and paths,
bridges and other elements of the built environment, and to assure accessibility for bicyclists, pedestrians, and
users of other transportation modes.
i. Design buildings to be complementary in appearance to adjacent structures of good design with regard
to:
(1) Materials;
(2) Setbacks (for retail/commercial part specifically);
(3) Rooflines;
(4) Height; and
(5) Overall proportions.
Exceptions:
fl This standard does not apply to seasonal restaurant enclosures.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 7 OF 10
If there are existina buildinas on a multi-buildina site. the new buildina is exempt from this standard
and must comply with Subsection ii. below.
ii. Where existing buildings are to remain on site, new development shall be designed to:
(1) Integrate the remaining buildings into the overall design; or
(2) Provide separate landscaping, remodeling or other treatment which establishes a distinct
character and function for the remaining buildings.
Item 3 (P): Changes to make Subsections i and ii in the alternative to provide clarity that when a new building
is to be added to a multi-building site, the new building is required to integrate with the remaining buildings
and not be complementary to the neighborhood.
Item 4: LOC 50.07.003.1.f.ii(1)(b)iv/Online Neighborhood Meetings for
Development Projects
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(b) Date, Time, and Location
Unless approved by the chair of a recognized neighborhood association:
(i) The meeting shall not be held on a legal holiday or the day before, as defined in
ORS 187.010 (Sundays and listed holidays are "legal holidays").
(ii) The meeting shall be scheduled to commence during the evening between 6:00 and 8:00 p.m. not less
than 20 days from the date of mailing of the notice.
(iii) The meeting shall be held at a location open to the public within the boundaries of the association,
County CPO, or homeowners association, as applicable under subsection 1.f.ii(1)(a)(i)and (ii) of this
section, in which the proposed development is predominately located or at a public facility within the City of
Lake Oswego.
(iv) If the meeting is held at a private residence or business, it shall be posted at the time of the meeting
at the meeting place and shall note that the meeting is open to the public and all interested persons may
attend. or if approved by the chair of the recognized neighborhood association. may be held via an
online meetine platform.
Item 4(P):Additional language provides the option for an applicant of a land use application to hold a
required neighborhood meeting online if approved by the chair of the recognized neighborhood association.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 8 OF 10
Item 5: LOC 50.07.003.4.c.ii, 50.07.003.3.c.iii(5) and 50.07.003.4.f.iv/
Online Public Hearings
LOC 50.07.003.4.c.ii:
c. Testimony, Exhibits, and Other Evidence
i. Any person may present testimony at a public hearing before a hearing body on a major development
application or appeal of a minor development decision.
ii. Any person may submit exhibits or written comments prior to or-at the public hearing. Written comments
or exhibits submitted prior to the public hearing must be received by the City Manager by noon on the day of
the scheduled hearingto be submitted by staff at the hearing. Written comments or srthil is suknittad at the
heacifis mi;st Ise filer!w th the Reeecd'n`r Cerro+o ri end planed befece the heating body Exhibits or written
comments that are merely referred to in testimony but which are not placed before the hearing body
pursuant to this section shall not become part of the record of the proceedings.
iii. The hearing body may take official notice of all adjudicative facts and law which may be judicially
noticed pursuant to ORS 40.060 to 40.090, including an ordinance, comprehensive plan, resolution, order,
written policy or other enactment of the City of Lake Oswego. Matters officially noticed need not be
established by evidence and may be considered by the hearing body in determination of the matter.
LOC 50.07.003.3.c.iii(5):
iii. Except as otherwise provided in subsection 3.c.iv of this section, the notice shall:
(1) Explain the nature of the application and the use or uses which could be authorized;
(2) List the applicable criteria from the ordinance and plan that apply to the application at issue;
(3) Set forth the street address or other easily understood geographical reference to the subject property;
(4) If the application concerns a specific location, include a map identifying the subject site in relation to the
nearby neighborhood and streets;
(5) State the date,time and location of the hearing,or if the hearing is to be held by telephonic or
electronic means. date.time and the method to telephonically or electronically access the hearing:"
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LOC 50.07.003.4.f.iv:
iv. Notice
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 9 OF 10
No additional notice of a continued hearing is required if the hearing body continues the hearing to a date,time
and place location or telephonic/electronic means of attendance certain. If a public hearing must be
continued due to lack of a quorum of the hearing body, no additional notice of the continued hearing is required
if all entrances to the hearing location are posted by the time and date of the originally scheduled hearing with a
conspicuous written notice setting forth a date, time and place certain for the continued hearing. or if the
hearing was to be held by telephonic or electronic means.the continuance is so announced at that time in the
designated telephonic or electronic manner. In all other cases, public notice of a continued hearing shall be
given pursuant to LOC 50.07.003.3.c.
Item 5 (P): HB 2560 requires a "governing body" of a public body,to extent reasonably possible, to make all
meetings accessible remotely through technological means ("telephone,video or other electronic or virtual means"
and provide opportunity for members of general public to remotely submit oral and written testimony. "Governing
body" is broadly defined in ORS 192.610(3) to include the Planning Commission and DRC: "any public body which
consists of two or more members, with the authority to make decisions for or recommendations to a public body on
policy or administration."The proposed changes would allow"hybrid" hearings.The changes would also require
written submittal of evidence and requesting virtual meeting login information by noon the day of hearing and
prohibiting the submission of in-person written materials.This is because it is practically difficult for staff to perform
intake of materials at the hearing while also conducting a hybrid meeting and for the Commission to review written
materials while they are also listening to testimony. Staff notes that anyone can request for the mandatory
continuance of the first hearing if they want to submit comments.
LU 21-0057 (DRAFT 12/20/21) ATTACHMENT 2 (Ordinance 2884)/PAGE 10 OF 10