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HomeMy WebLinkAbout3-EXH 1 Attach A to Resolution 24-24 UFCP FINAL 06-10-24 w-Appendices-R PP 21-0008 ATTACHMENT A TO RESOLUTION 24-24 URBAN & COMMU s' vP FORESTRY PLAN o UPDATE 1111 -.%.....'ikl...'lliAt:'Ill'-'''''',-, o • „.,,..„.4" N•w" 1 ...._ . . .F, .., ...: .. ,.\„„,,„„,,,,\,..„..........„........._____ . . ..... . ..,..., ...,.. .. •,.,., .:..... • ,.... ., . . ..„... ...,.. +,,,:. ,4.. ,.. . • 0 R \--\ , .....,,, is •• • P .. ' �.. .+ ��, y,. •• ram -— ti-;��, .:: w.• .. 4 - , ,j �• 5 7 _ - ` - - •- .,.. '• + 4^ ., ,asp • .'Y • _ c.. - `BEAN - r it,r4t-'' III _..: _ • .• _ .... . ---...-.lg.-.1144471- :, ' "'` 5 ' , of �. a a .r-r� o- • ' ��rm : w . - ir- � iwA• f PREPARED BY: DUDEI( -. te vxm. TABLE OF CONTENTS ACKNOWLEDGEMENTS 6 3. URBAN FOREST MANAGEMENT 50 VISION 8 Tree Management Practices 51 EXECUTIVE SUMMARY 10 Management Responsibilities 58 Key Findings 13 Funding 59 1. INTRODUCTION 18 Staff and Contractors 62 Land Acknowledgement 19 4. URBAN FOREST CODES, PLANS, AND POLICIES 66 Historical and Environmental Context 19 Municipal Code 67 Plan Development 21 City and Community Plans 74 Analysis of Current Plans, Policies, and 5. STRATEGIC PLAN 82 Ordinances 21 Department Interviews 21 Vision Statement 83 Techncical Advisory Commitee 21 Guiding Principles and Actions 84 Community Engagement 24 6. IMPLEMENTATION PLAN 100 Why the City of Lake Oswego Needs 7. MONITORING PLAN 114 an Updated Urban and Community REFERENCES 116 Forestry Plan 25 APPENDIX A: COMMUNITY ENGAGEMENT MEMO 2. URBAN FOREST SUSTAINABILITY 30 APPENDIX B: PEST RISK ASSESSMENT Benefits of Urban Trees 31 APPENDIX C: MUNICIPAL CODE REVIEW Tree Inventory 34 APPENDIX D: MONITORING PLAN Sustainability Indicators 34 Inventory Background 38 Recommended Inventory Approach 38 Opportunities for Private Tree Inventory 41 Pest Management and Invasive Species Preparedness 42 LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 3 TABLES Area Summary 64 1-1 List of Interviews 22 4-1 Tree Permits in Lake Oswego Code Chapter 55: Tree Code 68 1-2 Technical Advisory Committee 23 1 3 Urban Forest Threats 26 4-2 Quantity of Approved Permits and Trees Permitted for Removal by Permit Type 2-1 Tree Inventory Sustainability Indicators 36 between 2020-2023 70 2-2 Recommended Types of Inventories and Frequency 4-3 Summary and Gaps Identified in the by Tree Location 40 Reviewed City Documents 71 2-3 Cost Estimates for the City of 5-1 Guiding Principles of the Urban and Community Lake Oswego's Inventory 40 Forestry Plan Update 84 2-4 Important Invasive Pest and Pathogens that EXHIBITS Threaten the City of Lake Oswego's Trees 43 2-1 How Trees Help Mitigate the Urban Heat 2-5 Results of the City of Lake Oswego's Pest Island Effect 32 Risk Assessment 46 2-2 Benefits of Urban Trees 33 2-6 Important Invasive Plant Species that Threaten 2-3 City of Lake Oswego Tree Canopy Cover 39 the City of Lake Oswego's Trees 48 4-1 Total Quantity of Trees Permitted for Removal 3-1 2021-2023 Biennium Budget Related to Tree by Permit Type between 2020-2023 69 Management and City of Lake Oswego Funding Sources 58 3-2 Estimated Work Activities and Biennium Budget Allocated Towards In-House Tree Maintenance Tasks 60 3-3 Estimated Work Activities and Biennium Budget Allocated Towards Contracted Tree Maintenance Tasks 61 3-4 City of Lake Oswego Tree-Related In-House Staff Positions 63 3-5 City of Lake Oswego's Tree Management 4 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE • _ r t C �` o: 4.t., • y,' • - f •,�!'.4. r, _. .a,,l, li a. l.air.pA45.v. r. � i. . i- a,mow. 1Pa..'0 ;;t. w... ..,,'/;,,. 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[ 7 . x- n.i-1.- . • y 'mow.. s • • a " ^fir �', .-- r i_r� r r+ p '� r ACKNOWLEDGEMENTS CITY OF LAKE OSWEGO STAFF TECHNICAL ADVISORY COMMITTEE MEMBERS Jessica Numanoglu, Community Development Director Jeff Munro, Parks & Recreation Deputy Director Jessica Numanoglu, Planning Daphne Cissell, Associate Planner Daphne Cissell, Planning Sonja Johnson, Associate Engineer Bill Youngblood, Code Enforcement Erik Olson, Long Range Planning Manager Amanda Watson, Sustainability Kristine Ashton, Public Works Quin Brunner, City Manager's Office Amanda Watson, Sustainability Program Manager Jeff Munro, Parks & Recreation Bill Youngblood, Senior Code Enforcement Specialist Sonja Johnson, Engineering Kristine Ashton, Public Works CITY OF LAKE OSWEGO COUNCIL MEMBERS Greg Barnum, Fire Morgan Nolen, City Consulting Arborist Joe Buck, Mayor Jack Halsey, Oswego Lake Watershed Council Ali Afghan Scott Altenhoff, Oregon Department of Forestry Trudy Corrigan Brittany Oxford, Oregon Department of Forestry Massene Mboup Aaron Rapf MORGAN HOLEN & ASSOCIATES Rachel Verdick Morgan Nolen, Consulting Arborist John Wendland PREPARED BY Dudek— Urban Forestry Division (eT O OREGO� LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 7 VISION A Lake Oswego's urban forest is a sustainable ecosystem that harmoniously balances nature and urban life, is resilient to and combats the effects of climate change, and is managed as an essential environmental, economic, and cultural asset that contributes to the health and happiness of all members of our community. EXECUTIVE SUMMARY A The City of Lake Oswego's Urban and Community residents that identify with the benefits and services of the urban Forestry Plan (UCFP) is a planning and policy tool forest and who strive to be active stewards. intended to provide a framework for ensuring that the forest is appropriately cared for according to industry The City adopted its first UCFP in 2007. Since that time, plans, best management practices and community goals. The policies, and codes relating to urban forest management have been plan identifies guiding principles and recommended updated or adopted by the City, including the 2016 adoption of the actions to protect, restore, and improve forests in parks and on Healthy Ecosystems Chapter of the Comprehensive Plan; 2020 public lands, to educate and encourage property owners to be Sustainability and Climate Action Plan; 2022 Natural Areas Habitat stewards of the urban forest on private land, and to better manage Management Plan; and 2022 State of the Urban Forest Report. In the intersection of public and private interests for trees located in addition, there are issues, such as climate change, and emerging public rights-of-way. threats, like invasive pests (emerald ash borer and Mediterranean oak borer) and wildfire risks that were not addressed in the 2007 Anyone who has walked through a shower of cherry blossoms at UCFP. The purpose of this updated UCFP is to bring together Millennium Plaza Park, admired a centenarian Oregon White Oak policies, plans, and best management practices related to urban in Iron Mountain Park, or heard an out-of-town guest marvel at the forest management to support natural resource stewardship on height of Douglas-fir trees in Lake Grove, knows something about both public and private property with an integrated and cooperative the value of trees in our city. They define the sense of place for much approach. of Lake Oswego and play an important role in the environmental, economic, social and health benefits provided to residents and While managing trees is a main focus of the UCFP, the urban visitors. They beautify our streets and parks, provide shade, help forest is comprised of much more than trees. The urban forest to conserve energy and manage stormwater, improve air quality, also includes understory vegetation and ground cover plants, soil, increase property values, provide food and shelter for wildlife, riparian corridors, wetlands, wildlife habitat and more. Healthy soil improve mental health, and enhance quality of life. is vital to tree health and growth and a connected and robust tree canopy is critical for shading riparian corridors to moderate stream The high value of our urban forest is reflected in the fact that the temperature and support fish habitat. A diverse stratum of dominant City of Lake Oswego has a 53.4% city-wide tree canopy cover, the mature trees, shade-tolerant understory trees, smaller shrubs, highest of any city of comparable size in the region. Approximately ground cover plants, and even snags (standing dead trees) are vital 20% of the city-wide tree canopy is located on city-owned and to supporting a variety of local wildlife including mammals, birds, managed properties and public rights-of-way. The remaining 80% insects, amphibians and more. These are just a few examples of the of Lake Oswego's tree canopy is located on private properties ways managing trees helps support the health and resilience of the and non-city owned or managed public properties, highlighting entire urban forest ecosystem. the importance of continuing to foster a community of engaged LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 11 The UCFP outlines a Strategic Plan aimed at increasing operational State of the Urban Forest Report provides an in-depth analysis of efficiencies and encouraging streamlined coordination between the city-wide tree canopy cover, but much is unknown about tree departments, decisionmakers, and community members for a species diversity and health of our urban forest. A more detailed sustainable urban and community forestry program. The Strategic tree inventory will better inform management decisions for long- Plan is based on the following Guiding Principles: term health and sustainability. With data collected through a combination of individual tree inventory in developed rights-of-way, • The urban forest is cared for through sufficient financial parks and City-owned and managed properties, sample inventory investment and adequate staffing resources. in undeveloped rights-of-way and City-owned and managed natural • Trees are managed according to best management practices to areas, and partnerships with other organizations, such as the improve the health, longevity, safety, and functional capacity. Oswego Lake Watershed Council, universities and Metro,to analyze private property tree data,the City can further understand the • The quality of life in the City is enhanced by the benefits and overall health and resilience of the community's entire urban forest services provided by the urban forest. and adapt management strategies accordingly. In the meantime, • The urban forest can withstand and recover from impacts of many of the recommended actions in the UCFP can still be taken, climate change and continues to provide essential ecosystem such as prioritizing planting large stature trees where possible, benefits. updating the native tree species mitigation list to include non-native but climate-adapted species, implementing scouting programs for • The urban forest is integrated with the urban needs of the city invasive insect pests, and much more. to include housing, infrastructure, businesses, schools, and transportation. While many of the actions in the Strategic Plan are the responsibility Implementation of the actions in the UCFP will take time and is of specific City departments, other actions will require the dependent on available resources. The Strategic Plan assigns a involvement of residents and community partners to achieve the timeframe for implementation of each action; however,the UCFP objectives; everyone in the City has a role to play in making the is intended to be a living document that is continually reviewed Strategic Plan successful. Additionally, allocation of sufficient and updated to meet the emerging priorities of the community. funding and resources to implement priority actions in the Strategic The UCFP also includes a monitoring plan for measuring progress Plan will need to be considered during the City's biennial budget towards a more sustainable urban forest and making adaptive process. management decisions. Primary threats to the health and sustainability to the urban forest include climate change, severe weather events, development, wildfire, invasive plants, invasive insects, and diseases. The 2022 12 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE KEY FINDINGS 4=71001..„.,\ 1 . The City needs an updated public tree inventory to make informed urban forest management decisions. A complete tree inventory provides the building block of management decisions. The City's most recent inventory was collected in 2007 as a 5% sample inventory of street trees, estimating 41,000 trees in the City's rights-of-way(ROWs). However, the City does not have a current understanding of tree species diversity, age distribution, health condition, and infrastructure conflicts of its City-owned and managed trees. With an updated and complete inventory of these trees, the City will be better able to prioritize and budget for tree maintenance and management. 2. The City's tree management responsibilities must be clarified. The 2007 UCFP included a goal to clarify management responsibilities between departments on how the City manages trees in the ROWs. However, the discrepancy among departments as to who is responsible for management persists. This goal can be achieved through coordination among departments to facilitate conversations about the pros and cons of different styles of management responsibilities. The outcome of this coordination will dictate several resulting actions, including the trees to be included in the inventory and the funding assigned to the Urban and Community Forestry Program. LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 13 - 3. Portions of the City's Tree Code lack clear and objective standards. Oregon Revised Statute 197.307(4) requires the City to adopt and apply clear and objective standards, conditions, and procedures regulating the development of housing,to ensure that the City does not use discretionary or subjective criteria to deny housing projects or discourage housing through unreasonable cost or delay. When the City makes required updates to the Tree Code, significant outreach and engagement will be needed to ensure that community members understand the ways this statute may impact trees in the City and how they can participate in the development of clear and objective standards that balance the goals and objectives of a healthy and resilient urban forest. n 4. The City has a dense canopy and should prioritize canopy management and maintenance rather than continued and perpetual expansion. Increasing canopy cover, or replacing lost canopy cover, uses more time and resources when compared to maintaining and proper management existing canopy. With 53.4% city-wide canopy cover, managing the urban forest to maintain dense canopy cover is a top priority, while efforts to further increase tree canopy should be focused on portions of public rights-of-way that lack tree canopy and in riparian areas where shade is most critical. Enforcing tree protection guidelines, ensuring mitigation trees are planted when trees are removed, and considering mature stature of tree species to be planted all help preserve and manage existing canopy cover. Managing a high percentage of canopy cover puts the City in a proactive situation to adapt to the future needs of the community and urban forest. 14 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE cn (9 Z_ a z I 5. Climate Change Effects on Lake Oswego's Urban Forest. } w • Longer, warmer, drier summers and shorter, wetter winters, and more frequent severe weather events such as heat I domes and ice storms are becoming more common in the Western Cascade Region. Planting the right tree species in the right place and a diverse mix of species, including both native and climate adapted species, while conducting routine maintenance to maintain strong and healthy trees are all strategies to manage for a more resilient urban forest. 6. Invasive Pest and Plant Management. O / Due to a warmer climate, native tree species have less resources to function normally, resulting in stress. Stressed trees must conserve their resources, which typically leads to stunted growth, and creates a negative feedback loop since stunted growth reduces the ability of trees to receive resources. This feedback loop, or death spiral, weakens the tree and its protective processes, opening itself as an easier target for invasive pests to nest and expand from. When a small group of trees becomes contaminated with a quick spreading pest, they can infest a large number of trees and cause a die off. When trees die off, invasive plants can capitalize on the new growing space and sunlight that has opened due to gaps in the canopy. Preventing invasive pest and plants from spreading is the best course of action. This is done through early warning detection, pest management plans, and preplanned actions based on scenarios to limit the spread once an area has been contaminated. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 15 I) 7. Most of the city-wide tree canopy cover is located on private property and non-city owned or managed public property. I Just"8% of the city-wide tree canopy cover is located on city-owned and managed properties, most of which is managed for improved ecological health and resiliency by the Parks Department, guided by the City's Natural Areas Habitat Management Plan. Another 12% of the city-wide tree canopy cover is located in public rights of way(streets), which further highlights the need to clarify responsibility for management of street trees (see Key Finding 2, above). The vast majority of city-wide tree canopy cover, "80%, is located on private properties and non-city owned or managed public properties. While much of this plan is directed at managing the urban forest on city-owned or managed properties, there are many actions included in this plan aimed at encouraging the care and maintenance of the urban forest on private properties. Engaging the community to be active stewards of the urban forest is critical. A community that identifies with the benefits and services the urban forest provides will be more engaged. Prioritizing public education and outreach, offering resources, and providing support are essential to fostering active stewardship of natural resources beyond city owned and managed lands. 1 ai+ ,... oWete- , \„ • . ,• , ' ,: /.. ,-_-;....,:,S; .-,.. ,, ...,1- , -, w'''�°+ �J JA I !d.-.1 t,\YJ ! ..-Ht // I-. r • t T,, f L, _ -..:.. T' -. 1, •.;-*_^, '" ':?k' ;`. 'j 'A.. ,•�r .lay - - .. •x` ..e �' ..--.r. it .. -- _� '�y�. A..-r .F-4;' �. i,' •,h=- .-�.G - 7- �- �--i3xl-:� - _ • Ar .fix ",F.� _ r'.�. 6 i > s'.. ' _ 4 .- Via:' 7 r. I4.• '4 .r -ai ..' 's �`y, air •"fie}'¢ _ - - . ..fin-x�: ,YL!4,t .-1',�i_".,?.9f: -: _ .T. - _ a .,.-3 +a, 16 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE cn (9 Z_ El Oli8. Threats to the short- and long-term health and sustainability of Lake Oswego's urban Z Q forest are not well-understood by the public and more transparency in tree removal w permit data is needed. The 2022 State of the Urban Forest Report identifies insects and disease as the number one threat to urban forest sustainability. Other identified threats include increased air temperature and aridity, severe storm events, invasive plants, wildfire and development. Community member responses from outreach events, focus groups, and the survey repeatedly mentioned that they do not think the Tree Code is effective at preserving trees,that the biggest threat to the urban forest in the City is development, and that developers are treated differently and almost always granted a permit for tree removal. These opinions illuminate the need for the City to increase transparency in the ways it grants tree removal permits, including tracking all removal permits that are submitted, approved, withdrawn, or denied, and reporting these statistics annually. Based on Planning Department permit application records for the 4-year period between 2020-2023, 16% of all trees permitted for removal were development related, including 762 trees (6%) permitted for removal through Type II tree removal permits for the purposes of development and 1,229 trees (10%) permitted for removal through Verification applications for previously approved land use decisions such as a partition or subdivision. Additional tree removal permit data is provided in Section 4.1. Future code updates can better address trees and development, but regulations are just one tool to help manage the urban forest. 9. The Lake Oswego community is active, engaged, and strongly values the City's natural resources. The results from all outreach activities showed that the city's urban forest is an important part of the community's identity. They believe trees contribute to community character and should be managed and maintained for the future. During the implementation phase of the UCFP, it will be critical to continue to engage with the community to inform them of the Strategic Plan, involve them in the overall strategic goals and actions and solicit feedback to ensure that diverse perspectives are heard and valued. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 17 1 INTRODUCTION LAND ACKNOWLEDGEMENT the Kalapuya Treaty of 1855. Today, descendants live on, carrying on traditions and cultures, and honoring their ancestors. Lake Oswego is built on land that was originally inhabited by The City of Lake Oswego shares an ongoing responsibility to Indigenous people since time immemorial. There are many safeguard this land along with honoring the indigenous peoples of Indigenous communities that have a historical, cultural, and spiritual this land. connection to what is now Lake Oswego, including the Kalapuya, Siletz, Multnomah, Atfalati and Clackamas peoples; however, we will never be able to name every tribe that lived upon this land because HISTORICAL AN D these communities frequently traveled for trade and other reasons. The City of Lake Oswego recognizes traditional territories and ENVIRONMENTAL CONTEXT honors Indigenous people as rightful stewards of the land. The Willamette Valley and surrounding areas -from the mountain The Town of Oswego was founded in 1847 and until the late 1920s range to the ocean —were honored by Indigenous groups for its developed around three main industries: a sawmill, the iron works, diversity, beauty, and abundance. Oswego Lake and Creek were and a cement plant(Kuo 2020; City of Lake Oswego 2023a). Many important fishing, hunting, and berry picking grounds and the lake areas of Lake Oswego were logged to support these industries and was used as a transportation route. for settlement, including areas around the lake and what is today, George Rogers Park, Iron Mountain, Downtown, Old Town and Many of the original stewards of this land died from disease, brought Foothills. on by early European settlers and French fur trappers. Those who survived were forced to move to the Grande Ronde Reservation after '• •• • 't_ ti fh . • LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 19 The Town of Oswego was originally only accessible by river boats and narrow dirt roads, which limited the amount of residential development. That changed in 1886 when a railroad between "What is the Urban Forest? What Portland and Oswego was built, spurring residential development is a Community Forest? Why are around the perimeter of Oswego Lake that accelerated through the 1940s and 1950s to other areas of the city. Oswego's reputation as they both needed?" a place to "Live Where You Play" added to its appeal as a family- oriented suburb, and the residential population continued to grow after World War II. With the annexation of part of Lake Grove in 1960, Oswego's name was changed to Lake Oswego (City of Lake • An urban forest consists of the trees, Oswego, 2023). The City's urban forest gradually rebounded from understory, and ecosystems reliant on logging by early industries and the subsequent boom in residential development. Beginning in the 1970s, the City of Lake Oswego (City) traditional forest systems in an urbanized areas took an active role managing its trees, tree preservation programs, managed through research, policy, practice, and other natural resources. In 1971, the City adopted its first Tree and community engagement. Code, which has helped protect the City's urban forest for the past • A community forest is where local people play a several decades. significant role in cooperatively managing trees, Today, the City's urban forest is a highly valued asset that has understory, and its ecosystem. become a vital part of the community's identity. Currently, 645 acres • is dedicated to City parks and open spaces, providing residents Both terms are sometimes used opportunity to engage with the natural environment (City of Lake interchangeably, but urban forest covers the Oswego, 2022a). Citywide tree canopy cover increased from quantitative, scientific methods of managing 48.6%to 53.4%from 2014-2019, the highest tree canopy cover in natural land, the community forest speaks to the Portland region among cities of comparable size (City of Lake the engagement of people who work, live, Oswego, 2022a). The City has also taken progressive measures and play within the urban forest environment. to manage its natural environment and create a baseline to inform Having no community forest leaves the urban forest management practices. The City's first urban and community forest in a state of just another managed asset forestry plan (UCFP) was adopted in 2007 and the first State of the that a city must maintain and will most likely be Urban Forest (SURF) Report was completed in 2009. The SURF funded as such. Report was recently updated in 2022 and formed the basis for the data included in this 2024 UCFP Update. 20 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z 0 PLANDEVELOPMENT PROCESS baseline to compare current actions against best management U practices (BMPs) and goals, and to identify areas for improvement D a to ensure the City meets the standards of sustainable urban forest The update to the City's 2007 UCFP was initiated in response to the 0 management. Information from this review was collected, analyzed, Et 2023 City Council goal to `combat climate change and strengthen i— the community's resilience to climate impacts." The City Planning and incorporated into the UCFP. z Department is the main entity responsible for overseeing UCFP development and implementation. The Planning Department provided key insights into City practices, coordinated with internal DEPARTMENT INTERVIEWS and external interested parties, and participated in community engagement events. The plan was also developed in collaboration In May 2023, Dudek conducted interviews with various City staff with the Technical Advisory Committee (TAC) and community input to understand the effectiveness of the Urban and Community through community engagement activities. The plan development Forestry Program. Seven individuals were invited to attend group process is detailed below. interviews, which were conducted via Zoom. The staff positions that participated in the interviews are listed in Table 1-1. The interviews explored the role each staff member had in influencing City tree ANALYSIS OF CURRENT PLANS, POLICIES, AND management, clarified internal City procedures, informed areas ORDINANCES where the City could improve management of the urban forest, and identified progress on goals and actions since the 2007 UCFP. The City's Urban and Community Forestry Program comprises interconnected efforts led by the City's Planning, Public Works, and Parks & Recreation Departments. An extensive review of the TECHNICAL ADVISORY COMMITTEE City's urban forest policies, funding mechanisms,tree management practices, ordinances, and procedures was conducted to fully The City's TAC was formed to bring together City staff, nonprofit understand how trees are managed and planned for in the City. leaders, and technical experts to help advise on the UCFP's Long-range planning documents related to the urban forest were development. A list of the TAC members is included in Table 1-2. identified by the City Project Team and TAC and were reviewed Six TAC meetings were held between May 2023 and April 2024, as part of the UCFP, including the Comprehensive Plan: Healthy facilitated by the consultant team. Each TAC member brought a Ecosystems, Total Maximum Daily Load (TMDL) Implementation unique perspective to the group, providing context for City policy, Plan; 2020 Sustainability and Climate Action Plan (SCAP); 2022 regulatory perspectives, challenges relating to trees throughout the Natural Areas Habitat Management Plan (NAHMP);the 2007 UCFP; City, and community urban forestry priorities. 2022 SURF Report; and several others. Understanding the existing conditions that were researched for the 2022 SURF provided a A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 21 Table 1-1. List of Interviews City Department Position Beautification Specialists Public Works Stormwater Quality Coordinator Parks & Recreation Manager Interim Director Community Development Associate Planner Consulting Arborist The interviews highlighted reoccurring themes of the Urban and F -1Prii, fi µ r p• Community Forestry Program and areas of greatest needs and -' ,-----. •j. ,.tip Rom.. concerns. The following is a sample of the questions discussed `c( '°� during these interviews: ;'r ' , "� 1 T.`' ,�. • How do you envision the Lake Oswego urban forest over the s �: • � ;�.+ next 30 years? � f _ . . # . . - . • -44 41i4 • Do you have suggestions/thoughts for improving your . ,-kUW ,-,.,...'Pr' :'.._.- ,_. '7 ^. ;...,,, ..„%. department's role regarding tree management? V. ' ' ;- • Are existing policies considered appropriate for efficient tree '' ". �`,j•$a management? `.' i- ,, • , � `= • Are there specific locations that need to be prioritized for tree F— si' r planting? .. �_ f.-- 41 k.`tr•t, xry- _ l'' #,. 0 • What are the biggest challenges facing the urban forest? — s 11P11111111111.r___>w--------- 22 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Z _O Table 1-2.Technical Advisory Committee I U D Technical Advisory Committee Members a O a: I— Member Title/Organization Z Jessica Numanoglu Community Development Director, City of Lake Oswego Daphne Cissell Associate Planner,City of Lake Oswego Bill Youngblood Senior Code Enforcement Specialist, City of Lake Oswego Amanda Watson Sustainability Program Manager, City of Lake Oswego Quin Brunner Management Analyst, City of Lake Oswego Jeff Munro Deputy Director of Parks& Recreation, City of Lake Oswego Sonja Johnson Stormwater Quality Coordinator,City of Lake Oswego Kristine Ashton City Beautification Specialist, City of Lake Oswego Greg Barnum Battalion Chief, City of Lake Oswego Morgan Holen City Consulting Arborist, Morgan Holen &Associates Jack Halsey Executive Director, Oswego Lake Watershed Council Scott Altenhoff Urban and Community Forestry Program Manager,Oregon Department of Forestry Brittany Oxford Urban and Community Forestry Program Specialist, Oregon Department of Forestry A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 23 COMMUNITY ENGAGEMENT * ,'� I � - . Meaningful community engagement is essential to developing a �;,� ,„ rI _ ► � UCFP that reflects the goals, needs, and priorities of the City's entire ��[.�� community. During the UCFP development process, the City and the consultant team conducted community engagement activities to s.. ` .«.4 better understand the views community members hold about trees \ ��} -Y in the City and how these perceptions affect the City's urban forest. _` ?r •i A series of in-person and virtual outreach events helped identify ' y core values for the urban forest in the City. The engagement strategy ;. ; . .. ._ .5 included the following activities: • Public survey that was circulated online and in-person (582 \ J � , _- r- responses) -"- -- _ • Tabling booth at the Luscher Farm's Pollinator Celebration event - � -+.-- with educational materials, interactive boards, and other urban - k , forestry resources k, . +\ • Tabling booth at the Lake Oswego Farmers Market with similar educational materials, interactive boards, and resources • • Online outreach through the City's social media channels and networks (website, E-newsletter, social media, and Next Door) • Eight focus group meetings consisting of community members, „ , - - __ commission members, nonprofits, and other interested parties to ' . \, '' = k understand local priorities and concerns about the urban forest - ;{ a ' ti. _ Information from all community engagement activities was collected, 4-. ---'"`#- `'° analyzed, and incorporated into the UCFP. A full discussion of all community engagement activities and results is described in Appendix A: Community Engagement Memo. _ _ . 77 f 24 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Z o WHY THE CITY OF LAKE OSWEGO NEEDS urban forest will face without continued investment, which are AN UPDATED URBAN AND COMMUNITY expected to become more costly to manage in the future. Additional U FORESTRY PLAN information about the threat of wildfire is provided in the City of Lake O Oswego Addendum to the Clackamas County Multi-Jurisdictional Et Lake Oswego's 2007 UCFP provided the City with its first roadmap Natural Hazard Mitigation Plan; action items pertaining to wildfire Z_ designating how to manage and steward its urban forest into risk reduction contained in that Plan have been incorporated into the future. Today,the need to have an equitable, connected tree this UCFP. canopy that is resilient against changing environmental conditions is increasingly important. Trees provide numerous benefits that help 0 >:-1, V ... . ; . _.9 1 f mitigate the environmental risks experienced in urban areas, such •. "� r , as air pollution and the urban heat island effect. A resilient urban 'i 'ram � 111r.,4,.. • . forest that is well-managed and maintained can provide solutions `\ •�.. ; .-.A ,•, , r with multiple benefits to alleviate environmental issues, resulting in a ,,'.. ;;qt,► i pli ,,'•-'�`;, a higher quality of life for all community members. With a population s ..� 4 t �, , �." • people city-widecanopyA i 'k! r1e; :; T of more than 40,000 eo le and a 53.4% cover116.7• 1: , �, . • Ef. �''rt ,irf'f (City of Lake Oswego 2022a), investments to manage and monitor ; ': '' G. ` °z "'�`' 'llkl • the urban forest are critical. Because this document covers the t'a. '�' _ ,' -' entire urban forest, it is necessary to discuss all trees within theri , l �, i ' �+ �' forest be they public or private. While the natural environment does , 4-.+ • ;,A 4, I 4' not recognize human imposed boundaries, this document does , ' ii.�„' l '� ''" not introduce new regulations on private property trees, but does '41,-z. . At .i*,-; include actions to provide public education and encourage care and 4. 4.,�.� i •� kr maintenance of the urban forest on private property. , • ` 9� ,r Si. ! ► 147 Some common ideas and concerns that were expressed throughout lit' ti p g �4 ..- _ ,� �,,_,� ';�, ��+ 1.,',i,;.,.. .;,47,-: Tthe development of the UFCP were the need for a complete ~- 4 _ , i, _ City-managed tree inventory, draftingpolicyon the urban forest - j t - +• •'�,.._ , t'%0 ' � � ' �, ~ '', .z. ecosystem rather than individual tree protection, invasive plant " i.-" •, `.` '�-•. _ '' `j "', }v it any . a .i _.a, species management, wildfire preparation and mitigation, and ., .,,„..E. _ , = „ .,._(4 ... ..... 1 ; invasive pests and pathogen prevention and management. Some { existing and projected threats highlighted in the City's 2022 SURF could be addressed by diversifying the urban forest and its resources. Table 1-3 covers the threats and consequences the A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 25 Table 1-3. Urban Forest Threats Threats Description Effects on the Urban Forest if Left Unaddressed Tree species have evolved within certain climate zones with Increasing temperatures Certain tree species may decline and die, leading specific temperature ranges and rainfall patterns. If the climate and extended periods of to loss of tree canopy, lower species diversity, and shifts outside the tree's natural tolerance to heat and drought,the drought less urban forest resilience to threats. tree's health may decline. Tree removal from development projects can negatively impact Less room for trees makes designing space for Increased development neighborhood character. Construction activities can also limit root trees more challenging.With less room to grow, for housing and the built growth, compact soil, and create a harsh environment that makes it smaller trees may be necessary,which may result environment difficult for a tree to survive. in decreased canopy cover. Limb and whole tree failure during extreme weather events may increase risk to pedestrians When an extreme weather event happens,wind, rain, ice, or and result in property damage, power service snow can increase the likelihood of branch or whole tree failure. Severe Weather Events disruptions, and commerce disruptions if limbs Mature trees are especially at risk when they have not been well or trees block roadways or building entrances; maintained or have over-extended branches. severe storms may also result in decreased canopy cover. Unmanaged fuel loads and low-lying branches, invasive species infestations, and tree canopy Increased temperatures, longer periods of drought,drier natural over dwellings all create risk for fire that starts Wildfire* areas, and a lack of management and maintenance leads to an on the ground to spread to the greater biomass increased fire risk. fuel source in the canopy.Without preventative management,the risk increases. 26 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Z 0 1— Threats Description Effects on the Urban Forest if Left Unaddressed D 0 O Et Invasive plants can dramatically change the H Native plants evolve in competition with other plants around them. Z natural ecosystem of a given area and prevent — When plants from outside of their natural range are introduced, Invasive plants natural regeneration and forest succession. invasive species can outcompete endemic plants for sunlight, English ivy,for example,can overgrow native moisture, nutrients, and space. trees and kill them. Insects and diseases can cause increased mortality rates,which leave standing dead trees. Insects and diseases,once established,can quickly spread to Dead and dried out trees are a greater risk to neighboring trees or kill entire stands and species of trees.Trees the City due to their increased chances of failure Insects and diseases that are already stressed from other threats have a decreased and combustible biomass. Pests and pathogen ability to defend against and survive an infestation. infestations can result in decreased canopy cover, change the composition of the urban forest, and reduce tree species diversity. *The threats highlighted in this section focus specifically on threats to the health and sustainability of the urban forest in Lake Oswego.The Lake Oswego Addendum to the Clackamas County Multi-Jurisdictional Natural Hazard Mitigation Plan identifies wildfire, earthquakes, and winter storms as top tier hazards that pose the greatest risk to the entire County, its infrastructure, private property,and ecological systems. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 27 Concerned about Wildfire? Check out how you can get involved in your community. The Lake Oswego Fire Department offers home assessments for homes in the Wildland-Urban Interface (WUI). LO Fire Department Assessments focus on the home ignition zone on your property and provide recommendations on ways to eliminate the Wildland Urban Interface fire's potential relationship with the house. Sign up for a WUI Home Assessment at: https://www.ci.oswego.or.us/formslf/ (WUI) Home Assessment WUTARequest The Firewise USA® program provides a collaborative framework to help neighbors get organized,find direction, and take action to to reduce wildfire risks at the local level. Forming a Firewise community is voluntary and led by residents, Firewise with support and resources from community partners including the Lake Oswego Fire Department and Oswego Lake Watershed Council. Learn more at: https://www.oswegowatershed.org/explore-the-watershed/land-resilience/ The MPHOA Land Resilience Management Plan identifies objectives and actions to mitigate wildfire risks,address deferred maintenance issues, and enhance forest health through selective vegetation management for wildfire risk reduction across 120-acres of private natural area greenspace in Mountain Park. In 2022,Oswego Lake Watershed Council secured a Forestland Grant from the Oregon Department of Forestry(ODF), bringing in over$300,000 in funding to support implementation of the Plan. To date, invasive species have been removed from 100-acres of forest understory and ivy and clematis vines have been Mountain Park Fuels cut from trees to reduce ladder fuels and improve tree health. Small debris was chipped, bucked, and scattered,while Reduction and Land large logs and snags were retained for wildlife habitat. Over 500 native trees have been planted,along with 4,000 Resilience Project bare-root and live stake native trees,shrubs and ground covers. Riparian zones, notably along Springbrook Creek in Tanglewood Park, received special attention during replanting efforts.Additional funding has been secured from the City of Lake Oswego's Habitat Enhancement Program and the Oregon Watershed Enhancement Board's Small Grant Program. Project partners include Mountain Park Homeowners Association, Clackamas Soil and Water Conservation District, ODF,the Lake Oswego Fire Department, Portland Community College Sylvania, and numerous volunteers.Through collaborative partnerships and well-executed planning,this project is a tremendous example of managing to improve the health and resilience of urban forests on private properties. 28 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE 7111191111111111111111191111111111 ,4 -Z.4,7-, --- - 4 • :xT L-, E• pit s - _ . =lam_ �_` +� - - 2 URBAN FOREST SUSTAINABILITY BENEFITS OF URBAN TREES Urban areas have been converted from their natural state to As trees mature and grow larger, the ecosystem services they accommodate needs of humans, infrastructure, and housing. provide significantly increase. Furthermore, a tree's growth Natural processes and ecological relationships are threatened by is reliant on taking in carbon to add to its biomass. A young the development of streets, homes, and commercial and industrial population of trees within an urban forest will sequester more areas. Forests near urban areas are fragmented due to urban carbon at a greater rate when compared to mature trees that are development. Paved, impermeable surfaces limit the areas that not growing as tall or wide as when they were younger. Once stormwater can infiltrate into the soil, altering the area's hydrology mature, a tree goes from sequestering carbon to becoming a and increasing the chances for flooding events, vegetation storage unit for the past decades of growth. Similarly, carbon is damage, and water pollution. also stored underground, within the urban forest's soil, to a greater degree than in the trees themselves. An estimated total of 530,100 The City's urban forest, as described in the vision statement of the megagrams of carbon is stored within the City's urban forest, with City's 2007 UCFP (City of Lake Oswego 2007), "is a thriving and 327,809 and 202,291 megagrams of carbon being stored below sustainable mix of tree species and age classes that contribute and above ground, respectively(City of Lake Oswego 2022a). to a healthy ecosystem. The forest is valued and cared for by the community as an essential environmental, economic, and cultural Since 1900, Oregon has warmed by 2.5°F, and projections indicate asset." The value of the City's urban forest is greater than the that the climate will continue to trend warmer (Chang et al. 2023). sum of its parts; urban trees help decrease fragmentation and As global temperatures continue to rise, trees play an integral role habitat loss by providing an ecosystem for insects, birds, and in the global response to climate change. Exhibit 2-1 shows how other wildlife. Tree canopies along creeks contribute to water trees serve as effective agents in cooling urban environments temperature regulation, sustaining habitable conditions for aquatic and fostering sustainable, livable communities. The shade they life. The urban forest can also provide significant benefits for its provide can reduce surface temperatures by 20°to 45°F and human inhabitants, too, by increasing property values, providing air temperatures by 10°F (U.S. Environmental Protection Agency recreational opportunities, improving physical and mental well- 2008). being, and shade to cool the urban environment. Furthermore, trees improve air quality by absorbing particulates and harmful gases, and intercept and absorb stormwater, slowing runoff and Since 1900, Oregon has warmed by2.5°F, reducing water pollution. The City's urban forest helps prevent and projections indicate that the climate will approximately 155 million gallons of stormwater runoff annually continue to trend warmer(Chang et al. 2023). (City of Lake Oswego 2022a). This critical ecosystem service is0 As global temperatures continue to rise, trees valued at$1.38 million. play an integral role in the global response to climate change. LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 31 Exhibit 2-1. How Trees Help Mitigate the Urban Heat Island Effect HOW TREES HELP NEGATE THE URBAN HEAT ISLAND EFFECT Moreover, the urban forest has been consistently associated with positive impacts on mental well- NO TREES DR GREENERY being, crime reduction, and cardiovascular health ElSolar energy is © Heat is absorbed and © Heat is slowly emitted increased temperatures (Donovan et al. 2022; Tsai et al. 2018; Wolf et al. emitted by the retained by dark, throughout the day and 4 discourage pedestrian traffic, 2020). Multiple studies emphasize the mental and sun. urban surfaces, evening,increasing negatively impacting the local temperatures. economy physical health benefits of urban forest exposure (Taylor et al. 2015; Kardan et al. 2015). Trees contribute to an increased sense of community No trees to absorb and raise property values, as much as $12,624 auto emissions in Portland, while decreasing a property's time • -. on market by 1.7 days (Donovan 2010)*. Business revenue has also been shown to increase when `'w --- a quality urban forest canopy covers business 1 r --...4 "i.„„ districts; shoppers are willing to pay 12% more in large cities and 9% more in small cities (Sander et 7.w al. 2010; Wolf et al. 2020). Trees serve as essential tools for mitigating some of the greatest threats that urban environments face. Exhibit 2-2 further WITH TREES AND GREENERY describes various benefits that urban communities RESolar energy emitted by Shaded surfaces Auto emissions Cleaner air,cooler weather creates a receive from having a robust urban forest. the sun is partially © absorb and retain ©are partially 4 pedestrian-friendly environment absorbed by trees. less heat. absorbed by trees. positively impacting local businesses. • .. ... .. *Price adjusted from$8,870 in 2010 to$12,624 in 2024 to account inflation,by the Consumer Price Index Inflation Calculator(US Bureau of Labor Statistics 2024) w+—'N.— y y rr� ~ .. 4IMC ...... � 1 �— Trees serve as essential tools ' � „1 for igatin the n 411k- *ow greatestmit threatsgsome thatof urba . 40 •.744- lei environments face. 32 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Exhibit 2-2. Benefits of Trees H J_ m Q BENEFITS OF TREES IN AN URBAN ENVIRONMENT Z 1- tn HEALTH ENVIRONMENTAL/INFRASTRUCTURE SERVICES D tn I— CLEANER AIRCii) SAVING ENERGY Trees absorb pollutants and filter O z Shade trees can lower air-conditioning particulates out of the air by trapping costs 56%annually, burning fewer them on their leaves and bark. fossil fuels. ce m ce CONNECTINGGI BEAUTY WITH NEIGHBORS .� Trees add character to city Trees can encourage civic \0 streets and residential areas pride while tree plantings as they radiate with colors, provide opportunities for = flowers, textures, and shapes. community involvement. RAINWATER0 '� FRESH FOOD CAPTURE ` `'' Trees provide food Trees capture F in the form of fruits, rainfall, recharging / nuts, leaves, bark, groundwater 1 �" —0 and roots. supplies and , '`'' .41ilo ai "', .0;. .. , help prevent �'`i,._- '_ . k stormwater from , ' [ carrying '' ' WILDLIFE HABITAT pollutants to Trees support the the ocean. ,4%• lives of many SHADE wildlife and insect Trees cool cities by up to species and provide 74C : 10°F and shaded areas HEALTHIER COMMUNITIES them with food, can be 20-40°F cooler a Trees improve mental health and shelter, and than peak libe public health by decreasing respiratory nesting sites. temperatures. illnesses and encouraging outdoor recreation. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 33 A TREEINVENTORY resilient urban forest: no more than 10% of any one genus and 5% of any one species should be represented in an inventory(Ball et al. 2007). SUSTAINABILITY INDICATORS CLIMATE RESILIENCE Climate change is leading the Pacific Northwest region toward longer, The sustainability of urban forests can be measured using several dryer summers and shorter, wetter winters (Andrus 2021). These key indicators that include species diversity, climate resiliency, age conditions affect the traditional species within the region, such as distribution,tree condition, relative performance index (RPI), ecological western red cedar which have higher mortality rates than most other impact, tree vigor, canopy health, and importance value. Table 2-1 species. These longer, more intense periods of drought and more describes the thresholds and descriptions of these sustainability variable periods of precipitation, along with increased flooding, will metrics for the urban forest. These indicators can be measured make finding additional irrigation water a challenge and allocating accurately through a tree inventory that identifies a tree's species, funding for irrigation improvements for street trees a priority(McBride height, diameter at standard height(DSH), canopy health, condition, and Lacan 2018). The City can prepare for these expected changes and other attributes. An inventory can be used to guide management by selecting and planting species that are drought tolerant, resilient decisions and to create work plans and policy recommendations. to high heat events, and adapted to conditions of predicted future climate conditions. There are many considerations when looking at SPECIES DIVERSITY the climate appropriateness of urban tree species, including drought and shade tolerance, susceptibility to sun scald, and how well the tree The genus and species diversity of a tree inventory is an indicator species can manage increased heat. of overall resilience to threats. Because biological diversity is often regarded as the basis for ecological stability(Tilman and Downing 1994), urban forests with uniform tree species are more susceptible AGE DISTRIBUTION to catastrophic loss when invasive pests and pathogens enter a The most common and least invasive method to approximate the landscape or when significant weather events occur. Historical best age class of a living tree is to measure the trunk diameter at 4.5 practices for species diversity standards in public tree inventories of feet above the ground (Diameter at Standard Height; DSH) and infer directly managed street trees include a representation of no more general age based on trunk size. General age recommendations than 10% of any one species, 20% of any one genus, or 30% of any suggest an urban forest have a distribution of immature trees (40%) one family(Santamour 1990; Miller and Miller 1991; Richards 1993). to replace failing or aging ones, young (30%) and middle-aged (20%) With anticipated increased threats from invasive pests and pathogens, trees to provide the bulk of economic and environmental benefits, and using a more stringent metric is recommended for planning a more relatively fewer mature trees (10%)that have most of their life behind 34 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- J them but that provided significant environmental benefits for many higher risk of failure, Lake Oswego's natural areas need to manage m years (Morgenroth et al. 2020; Richards 1983). Since trees vary in a healthy population of snags. Z maximum stature and growth patterns, using DSH to determine age can only be considered an estimate. This age range ensures that a TREE VIGOR & CANOPY HEALTH v) city will not see a massive age cohort die at once, leaving greater v) than 10% of the canopy missing for years to come. Tree vigor indicates overall health and resilience in terms of a tree's w capacity to grow and resist stress. Live crown ratio (LCR), the ratio of ce TREE CONDITION AND RELATIVE PERFORMANCE INDEX live crown length to total tree height, or the percentage of a tree's U- total height that has foliage, is the most useful indicator of tree Z Q Tree condition ratings can show how individual trees are performing vigor. A tree with high vigor is a robust individual with a full, healthy m ct but do not aggregate performance by species. The RPI is used canopy, that has greater potential to resist stress, pest and disease D to better understand how individual species are performing and pressures, and reach its capable mature size to maximize benefits. identify species that may need further analysis to determine Conversely, a tree with low vigor has a declining canopy(i.e., crown appropriate management actions to improve health and inform dieback,thin or chlorotic foliage) and is more susceptible to stress, management decisions about which species may be less suitable pests and disease pressures, with less chance of long-term survival for future planting. Species RPI is calculated by taking the or ever maximizing benefits. percentage of trees in a single species that are assessed in good or better condition and dividing it by the percentage of all trees in the IMPORTANCE VALUE inventory that are assessed as being in a good or better condition. Tree species with an RPI of 1.0 or higher are performing as well or The importance value of trees is another way to measure a species' better than the tree inventory average, and tree species with an RPI total value to the City's urban forest and is calculated in i-Tree Eco less than 1.0 are performing below the tree inventory average. by combining the percentage of the species in the inventory and its corresponding percentage of leaf area. These two percentages are ECOLOGICAL IMPACT added together to determine the importance value of the species, which is a method used to stratify the City's various trees to set Certain tree species enable greater wildlife habitat, understory management goals. development, or other attributes that encourage an increase of desired wildlife. Incidence of tree species with greater ecological impact, such as regionally native species, can result in a greater abundance of various wildlife. Dead tree that are still standing, called snags, have their ecological uses as well. Snags provide nesting habitat and resources for various species. While snags are not desired within the Rights of Way or high traffic areas due to a LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 35 Table 2-1.Tree Inventory Sustainability Indicators Sustainability Recommended Metric Description Metrics The genus and species diversity of a directly managed street tree No more than 5%of one species inventory is an indicator of overall resilience to threats. Urban forests Species No more than 10%of one genus with uniform tree species are more susceptible to catastrophic loss Diversity No more than 20%of one family when invasive pests and pathogens enter a landscape or when significant weather events occur(Ball et al. 2007). A combination of shade,drought, and heat tolerance determines how well suited a species will be in predicted future climates. Some species can perform better in conditions that will be common Climate in the future. Trees that require a dense forest with shade, lower Resiliency Generally, in the Northern Hemisphere,the next temperatures,and more water will have a harder time establishing southern region species is considered acceptable and staying alive (Insight 2022)for integration into the current region's planting palette. 40%- Immature trees (1"—6" DSH) A diverse age range allows a city's urban forest to be resilient to 30%-Young trees(7"—16" DSH) events that can be catastrophic to one age range. (Morgenroth et al. Age Distribution 20%- Middle aged (17"—24" DSH) 2020). Diverse age class distribution also helps to maintain canopy 10%- Mature trees (25" DSH and greater) cover over time as trees naturally die. Tree Condition Used to better understand how individual species are performing and Relative and identify species that may need further analysis to determine Top six species have an RPI >1.0 Performance appropriate management actions to maintain vigor to improve health Index(RPI) and inform future planting palettes. 36 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- - J_ m Sustainability Recommended Metric Description Z Metrics Q I— u) Predominately native species with V) Certain tree species enable greater wildlife habitat, understory v7 a diverse strata of overstory, understory and ground (— development, or other attributes that encourage an increase of w cover,free of invasive vegetation and including snags o= desired wildlife. Incidence of tree species with greater ecological Ecological (standing dead trees)where there is low risk to people 0 impact, such as regionally native species, can result in a greater Impact or property and downed woody debris that is in Z abundance of various wildlife. Layered canopy, understory Q contact with the forest floor and scattered rather than in m vegetation and ground cover, snags and downed woody debris all Ct piles. D provide important wildlife habitat. Species resilience, growing space and individual tree maintenance influence tree vigor and canopy health.Trees with low to moderate vigor and poor to fair canopy health are more susceptible to 80-100%Canopy: High Vigor and Good Health stress and pest and disease pressures and have a higher risk of Tree Vigor and 50-80%Canopy: Moderate Vigor and Fair Health mortality.Tree species have average growth rates for their historical Canopy Health <50%Canopy: Low Vigor and Poor Health locations. Factors such as the space to grow,sunlight or shade,soil compaction, health of the soil, and others will dictate how well a tree will grow.Tree vigor below its growth rate indicates a potential tree health issue. The importance value combines the percentage of the species in the Importance No established threshold, but the importance value population of city-owned trees with its corresponding percentage of Value helps indicate the resiliency of a city's canopy. leaf area to determine how important a given species is to an urban forest. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 37 INVENTORY BACKGROUND method for forested areas with dense numbers of trees and varying land topography; however, cities may prefer to use the sampling Between 2007 and 2008, the City completed a 5% sample inventory, method for street trees as well because the costs associated with described in the 2009 SURF Report(City of Lake Oswego 2009). this type of inventory are lower than a complete inventory. An estimated 40,327 trees comprised the street tree population. The sample inventory included more than 100 species, but over 55% Other options include using aerial imagery and geographic information system (GIS) processing to determine what is or is not of the sampled trees comprised 10 species, leaving the remaining a tree based on color bands that are trained to detect and isolate species poorly represented in the inventory analysis. similar bands. This is a top-down method of conducting tree Without an updated inventory, understanding current urban forest inventories and is generally faster and cheaper but less accurate. conditions and proactively managing the urban forest for predicted Top-down inventories are a good tool to identify general trends forest issues is difficult. The inventory can be used to guide within a landscape and answer questions that lead to further urban forest management, maintenance plans, develop a deeper investigation and produce better management prescriptions. understanding of green infrastructure disparity, and develop policies based on quantitative findings. RECOMMENDED INVENTORY APPROACH There are two standard methods for tree inventories, including a complete inventory and randomized sampling. A complete inventory The City's 2020 SCAP Natural Resources Goal 1 recommends involves data collection and assessment of all individual trees in a implementing a public tree inventory to monitor and inform given area or population of interest. The second option is a fixed- ongoing adaptive management. This goal was targeted to be radius stratified random plot sample where tree assessment and completed within a 4-year time frame. An inventory can guide data collection is limited to trees located within 37.2-foot radius the City's management practices to offsetting future loss of tree (0.1-acre) plots scattered across a defined area. The resulting data canopy. An inventory can help determine if one or more species provides a subset that is then extrapolated to fit the remaining are overrepresented, how current or predicted pests or pathogens land area within the same habitat type. The quantity of plots could impact the tree population, potential canopy loss due to poorly needed is variable, but generally, one-tenth-acre (1/10th) sized plots climate-adapted tree species,tree risk hazard and mitigation efforts representing 10% of all trees in a given area will provide sufficient to prevent tree failure and property damage, and age baseline for information for a statistically valid and cost-efficient inventory. Fewer the City's trees to prepare for new plantings and removals. plots may be needed in small areas, but a greater number of plots decreases error in the sample. The actual number of plots will be Exhibit 2-3 shows the city-wide tree canopy cover on city owned and determined using GIS once each area and homogenous habitat managed properties (N8%), within public ROWs (N12%), and on private type is identified, and based on budget constraints and an identified and non-city owned or managed public properties (N80%). Based acceptable level of error. Random sampling is often the preferred on the 5% sample inventory estimates (City of Lake Oswego 2009) 38 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- Exhibit 2-3. City of Lake Oswego Tree Canopy Cover CO <:( Z - . 4I k (/) ' --T\L'*'•41%,V. .8--- I _ .„... --. . , .',1440-, -IZ _ . IV 11', • 1---.__ . .- H :.1 .[ _ .7...4..i.npi ;;1,,,....,_. .,• , ___, , - , ..1"EIF•4. a - •,,, -., T. .. ..., • . E----2"--ja------L. - . . _ .,,.._... ., Ct -1'..',!'„irrtki,„Rf- -464...5721.• - ' ' ' '. '4: ' 1-1-.."V-.-.'L 01.'' _ ..41 -. ,,„L;, •...!.•'. ....,,,'• J ; LL 4 ,' x i•' !'":e alt VA P` 10). -.:=;Ntar. .,• ' .4' -• -'''ft,'_&k.- '=”Itd. 4° Ilk 1''' `;'4.' , AP , - .... . - • _ •--. . fel,_ - f;,_ .a6.) ,.... -gr = . lido -. liltcov, -, Pie, CO • 1- . _ 4:I,Vr";',4, i ,,!ir 17..,,,,,.7--• ','.'P. . --*-c' 44.. - 'Wt. i ' a - . f ..1-... - 'i Rik;PO.,,:: - "1 ,m,..... .4u17. 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NW "if* — ,,,e,Ar....ro, fp--eekon-r....—Ar.Art—. ,_-:;1--- - _:-;. j: .-r-:- •'• -,..i,-,-,, :,_!.a., - ,... ., --_-*„. ,--, , • , _„,„........ -• ,__,...„..._ ,..„.. , ., • r-.„,,. ,s-7...07-_,7,,t,-.' - ...iii- ,,,k!?:_t4.,• , ra ,_ .,1- 'Ago , 1 , As, IM... ilk..., ,..,,,_ "....y1,,,,,vp. It-ipkt. ,, d wrii _., allik , ..—.11410 .. _._-, .4,• ,riv,LisF4, .itaw,, v ..r• to-Ali_tI,,,-, LL--,z, ...---- • '- P --,.] 1 r . i.,----L-...,,,i-pl‘apP 41•1.• v. ,,IN .,..0...40..,.....,, c ...iio ., ,L,L...,.,...„ 0.1,.k 15 . • - . ' -. - . . - PE:61:L''' ' ''' '''''..:111-41-f- %:''''44'Ar7::67w::'r''-'%"7HI!::'fir'w'h''(.5_::-.'4.:1:4:55.-11-ar -'4''''''.,:471:.":',..:1.-:'e-,.::.--':':::: qg. I I.-, 41 41 Ili:- Atl. oie--te-- . -e -;—r---- - , - .0.;. Fkatie,r_-4,,.E_ ;cow 1'gw 4— 11 ' : " 13 ' '-'• _,:- It.'--12: :- _ ! '- . • -4F,1--irie 1 ; Aiwit ' Y - - qivinr--"r-rrItr;0.., 1...._ ..,. - ..w,,,,..„ .. .... -,•f..4::_ \ ;,3_".g, • 4 -b. _ . ' - . if od i --,,,,,-. :-...L , •r,k_rf: ,_ .. 760164 • 4...**1014v4 LF.1/4 . ,4 '-. ils-. -..'" 1gr Fe '4r i.":./-r.k".'t•,4f.w gVit..-,..1'i..PA_..,g-,_..4 .ii,NI•4?./.4.',-..-tAi.a 4:t --1-/ - - .° . . i, . [ ____ - - _ p .. .. =City Owned and Managec PrDpert es(8%) 111111 Public Rigits-cf-Way 12`,,.). ' =9. Private aid Non City 0...fled or Managed Public.Properties IC ,; =Lak,..020..a.go I:11y 12. urcary N I Urban Se-Ace Boundaly '-' .mar i Source: City of Lake Oswego GIS Data. LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 39 Table 2-2. Recommended Types of Inventories and Frequency by Tree Location Tree Location Type of Inventory Update frequency Developed City rights-of-way Complete inventory Every 5 years Developed parks Complete inventory Every 5 years (Parks with sidewalks, play structures, etc.) City properties (City hall, Luscher Farm, etc.) Complete inventory Every 5 years Undeveloped City rights-of-way 10% randomized sample Every 15 years (Forest patches on sides of roadways) City owned natural areas 10% randomized sample Every 15 years Table 2-3. Cost Estimates for the City of Lake Oswego's Inventory Inventory Option Size of Inventory Estimated Cost Estimated Total Sample inventory of undeveloped rights-of-way and City owned natural areas trees (10% sample 100 plots $100 per plot $10,000 size, approximately 1,000 acres)* Complete inventory 50,000 trees $5 per tree $250,000 Total $260,000 Notes: *1,000 acres of urban canopy, at 10%inventory=100 plots. Each plot is estimated to take 0.5 hours of sampling= 50 hours labor. Labor rate: $200/hour=$10,000. 40 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- and accommodating new tree planting and canopy growth over the • .*j`' t f„ - . ,10 last 15 years, an estimated 50,000 trees are recommended to be ' �' _„ • ' , Q inventoried along the City's developed ROWs, developed parks, and ,t ,- ti> _. t.� ,, �� cx-`; Z City properties. I .,�` 1- x} , • , 1 • (n The recommended types of inventories are presented in Table 2-2. .S ' � �,�'* ,�. • ', 0,/`Y' Cl) Using two methods allows for a more accurate inventory for trees ' �` ,, ,, w that have higher interaction with the public while loweringcosts for - ' • ►' �'" . ?. !11j. '' '•'''' ii..( f f-74 ct larger forested areas. To prepare for the inventories,the City should .•, 4.• `' �'t`•,,. u_ update its GIS layer that delineates categories of Developed ROW, :its' ,; �> 1. • , • 1 �� ` - . . is?` Z • m Developed Parks, Undeveloped ROW, and Natural Areas to clarify f�!. i -� .. ',. •• M •the inventory collection procedures. Table 2-3 provides estimated i _ `r'' • . "' costs associated with the inventory. #. OPPORTUNITIES FOR PRIVATE TREE INVENTORY ,.Ar ...' , • ,1- Trees on city owned property and in public ROWs comprise 20% of '*. 41- " •-i ; ': ', •,fir the city-wide tree canopy cover, while the other 80% of tree canopy �• '• s -, •??i is on private property and non-city owned or managed property. ��� s • Other organizations, universities, and Oregon Metro have made %< .. . { �` : .•. y ilr+,'� efforts in both Lake Oswego and the region to inventory trees s ' •"".. }' :• ;' ".•7 ,• on private property. Oswego Lake Watershed Council launched 'r - a LOTree, a community science program that trains volunteers to _i� etr .� '' - ` _.n ft.:. t : ,e �t collect tree attribute information on private property. These efforts '. .1) ' •'.- 0 . 14 i elk have generated data on hundreds of trees in the area. Oregon Metro s� 1. �, • ': 1111r • +0.e , and Oswego Lake Watershed Council have collaborated to identifylif' ' ° '� s ,�.2. . 1 the locations of Oregon white oaks (Quercus garryana), through both ', '�" tlig 1 •., on-the-ground efforts and aerial imagery modeling. During the City's - '� inventory efforts, mechanisms to analyze private property inventory ..j;.� �`�.,� i Ai?' - .- data alongside City-managed tree inventory data could be explored tor„, _Is ! . t to further understand the overall health, resilience, and management 410r. - - s needs of the community's entire urban forest. ,�, n -' olf. ;,r•. . ,._ _ . E . • LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I Al PEST MANAGEMENT AND the City's urban forest and includes associated management recommendations and resources for further information. Any INVASIVE SPECIES PREPAREDNESS suspected identifications of these species should be reported to the Oregon Invasive species hotline. The Oregon Department of The City's pest, disease, and invasive species risk varies based on Forestry and Oregon Department of Agriculture have prepared an several different factors. Environmental stressors such as drought, Emerald Ash Borer Readiness and Response Plan for Oregon (ODF extreme heat, or heavy rains can create conditions that provide an and ODA 2021)to be used as a guide for response to this species. ideal opportunity for pests and pathogens to infest susceptible trees. Certain tree genera or species are known to be at increased risk to To better understand the urban forest's pest risk, a pest risk particular pests and pathogens; this is a good reason to increase assessment was completed, generated from the Washington species diversity, but also to understand what percentage of these Department of Natural Resources (DNR) Urban Forest Pest trees species comprise the City's urban forest through inventory and Readiness Playbook, summarized in Table 2-5. For a complete analysis. assessment, refer to Appendix B: Pest Risk Assessment. The benchmarks in the table are based on "a hypothetical assessment of a community engaged in a mid-range planning effort who has INVASIVE PESTS demonstrated institutional buy-in to pest readiness" (Washington DNR 2019). The benchmarks are not intended to be a grade for a A forest is greater than just its trees, as with any major change within community's compliance with state or federal regulations, but a the forest, whether reduced canopy, species diversity, or having measurement of progress on improving pest risk. The City exceeds enough space for individual trees to thrive, forest understory is benchmarks for Capacity to Support a Response, Ability to Expediate impacted by changes that pests can have on a forest. A fractured Informed Decision Making, and Community Support to Expand forest that comes from invasive pests create vulnerabilities that allow Impact. The City falls below the benchmark for Understanding Risk, invasive plants to gain a foothold and begin expanding. which further underscores the need for an updated inventory. Currently, the City does not implement a formal preventative pest and pathogen treatment program and manages infestations on a case-by-case basis. The City's Parks & Recreation staff conducts routine management in several parks to address known invasive plant species issues and has worked with local watershed councils to - remove invasive plants through the Habitat Enhancement Program. The City has also begun preventative emerald ash borer(EAB; Agrilus planipennis)treatments on selected ash trees in Foothills aas cr jFS , .• l • tf. Park. Table 2-4 presents a list of important pests that threaten ' sa+ , err 42 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- - Table 2-4. Important Invasive Pest and Pathogens that Threaten the City of Lake Oswego's Trees m Q Common Scientific Important Signs and Symptoms Management Actions Resources Z Name Name Host 1- Species u7 U) I— V) Lu • Review the Oregon ce • Crown dieback Emerald Ash Borer 2 https://extension. u_ • D-shaped holes made by Action Plan for detailed Z oregonstate.edu/ Q Emerald ash Agrilus emerging adult beetles management actions m Ash collection/emerald-ash- Ct borer planipennis • Bark splits • Report any individuals D borer-resources • Epicormic shoots to the Oregon Invasive Species Hotline • Dieback of entire branch https://www.oregon.gov/ or portion of canopy • Report any individuals odf/Documents/ • Pale-colored boring dust Mediterranean Xyleborus to the Oregon Invasive forestbenefits/fact-sheet- Oak along trunk or base oak borer monographus Species Hotline prior to mediterranean-oak-borer. • Black-stained branching wood disposal pdf galleries in sapwood A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 43 Common Scientific Important Signs and Symptoms Management Actions Resources Name Name Host Species • No chemical control • On bark, cankers form Oak, larch, measures available and often "bleed"on the https://catalog.extension. big leaf • Infected plants should trunks and branches; oregonstate.edu/ maple, be removed and Sudden oak Phytophthora droplets of dark reddish- sites/catalog/files/ Oregon disposed death ramorum brown liquid project/pdf/ec1607. myrtle, • Report any individuals • Cankers will girdle trunk or pdf Pacific to the Oregon Invasive branch, causing death madrone Species Hotline Over 200 • Defoliation of trees, often https://www.oregon. plant species repeated from year to year • Kill adults and squish or gov/oda/shared/ including • 1-inch brown and fuzzy scrape any egg masses Documents/ Lymantria Spongy moth oak, elm, egg masses on tree trunks • Report any individuals Publications/IPPM/ dispar birch, apple, • Caterpillars that dangle to the Oregon Invasive SpongyMothFactSheet. pine, and on silks and have red and Species Hotline pdf maple blue dots when large Over 300 plant • Pheromone lure species, • Skeletonized leaves • Bag-a-bug traps(away including • Defoliation from plants) https://www. Japanese Popillia trees, • Green and brown adult • Report any individuals japanesebeetlepdx.info/ beetle japonica ornamental scarabs to the Oregon Invasive faq.html shrubs, Species Hotline vegetables, and grasses 44 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE 1— Common Scientific Important Signs and Symptoms Management Actions Resources Q Name Name Host Z Species Q v7 D • Spores of this pathogen N I— are harmful to humans, w • Numerous small dead and personal protective ce 0 twigs on one side of the equipment(gloves, u_ Maples, trunk goggles, and face mask) Z https://pnwhandbooks. Q Pacific • Epicormic shoots should be worn when Ct Sooty bark Cryptostroma org/plantdisease/host- dogwood, • Bark blisters or dark removing trees D disease corticale disease/maple-acer-spp- and horse patches • Remove and burn sooty-bark-disease chestnut • Bark cracks or peeling infected plant material park • Report any suspected cases to the Oregon Invasive Species Hotline A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 45 Table 2-5. Results of the City of Lake Oswego's Pest Risk Assessment* Topic Risk of Falling Below Benchmark Benchmark Lake Oswego's Score Understanding Risk Not knowing/understanding the natural resource(s) that need protection and the risk to those resources Tree resources, pests of concern, 12 8 increases vulnerability to tree loss and pest risk analysis, pest pathways, pest introductions. prevention Capacity to Support a Response Disorganized planning processes drain local resources Emergency preparedness, response and decrease your ability to effectively respond to 8 10 experience, knowing who to call, pests and protect natural resources. supporting organizations, sufficient funding,tree management Ability to Expedite Informed Decision- Making Misinformed or slow-paced decision-making diminishes your ability to effectively respond to pests and protect 7 10 Urban forestry staff, local authority, natural resources. permitting process, leadership Community Support to Expand Impact Poor communication, adversarial relationships with community members, and/or inexperienced team Diverse team, messaging, public 4 6 members make it increasingly difficult to detect and awareness, early detection respond to pest threats. *Note: The Pest Assessment was completed by the consultant team, with review by the City's Planning Department, Consulting Arborist, and the UCFP's Technical Advisory Committee. 46 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- J INVASIVE PLANTS r-•- -•�',. - - m . , z Invasive plants tend to dominate plant communities, crowding out 1 = ' • • a other native plants. They generally have low value to wildlife, and • ""�_ N some are considered harmful to humans. Table 3-6 lists notable _ N�. '!" � invasive plant species that threaten the City's trees, as specified t �rw t• ,f i • • r•'�4e W by Clackamas Soil and Water Conservation District's WeedWise i ' ce O program. It is important to note that this table does not include the 12 • �t C 1 , species of trees on the City's invasive tree list(City of Lake Oswego111 {. ,; Z 2023b), which require a no-cost invasive tree species removal t ce 1 permit through the Planning Department before removal. The Parks I ll ` ,s - & Recreation Department and many volunteers and community `i _i groups spend thousands of hours manually removing ivy and other `: .t invasive plants in the City's urban forest. These efforts are detailed t NO on pages 14-16 of the 2022 State of the Urban Forest Report. The ' most prevalent species are English ivy(Hedera helix) and Himalayan ,ii • 4 blackberry(Rubus armeniacus). The City has established several at."A _ 7 working groups to combat their spread and has made measurable a :. progress toward this goal. With so much focus on the worst •/ I- ' offenders, other invasives also need to be addressed. The most .•• - prevalent that can be handled by working groups are scotch broom Vf�-; _i, , (Cytisus scoparius) and garlic mustard (Alliaria petiolata), both of which will grow faster than native plants and prevent smaller native k •� —^. plants from getting enough resources. Additional species of concern0 y c are included in Clackamas Soil and Water Conservation District's • -�;. • Woody Weeds of Clackamas County Guide (Lesh 2019) and the /11141- Oregon Department of Agriculture's regional invasive species lists, .91_ it .... which are updated periodically and reviewed by City staff each year. rr t t LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 47 Table 2-6. Important Invasive Plant Species that Threaten the City of Lake Oswego's Trees Common Scientific Forest-Related Impacts Management Actions Resources Name Name • Manual removal with hands, saws, loppers,and clippers is • Weighs down large trees making the most effective means of them more susceptible to failure control. • Smothers forest floor vegetation. • English ivy is resistant to https://weedwise. • Rapid and intense vegetative growth chemical control methods. English ivy Hedera helix conservationdistrict.org/ • Can serve as a reservoir for • An acre of ivy-infested forest english-ivy pathogens takes approximately 300 hours • Increases erosion of labor for initial clearing. • Prioritize critical sites for removal. • Manual removal with loppers • Highly invasive plant that displaces and saws is the most effective native vegetation means of control. https://weedwise. • Spent canes may serve as fuels for • Brush mowing of large Himalayan Rubus conservationdistrict.org/ wildfire infestations must be repeated blackberry armeniacus himalayan-blackberry • Dense,thorny thickets make sites frequently. inaccessible to people and animals • Herbicides may be necessary to control a dense infestation. • Hand pull,taking care to fully remove the taproot. https://weedwise. • Severely reduces biodiversity in • Target second year plants to conservationdistrict.org/ Alliaria forests Garlic mustard prevent seed production. management/ petiolata • Outcompetes native plants for light • Bag removed material and garlic-mustard dispose(do not compost). 48 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE 1— Common Scientific Forest-Related Impacts Management Actions Resources Z Name Name 1- u) • Hand pull seedlings and D U) shrubs in Jan—May. I— • Grows rapidly and forms dense u7 • Cut more established shrubs https://weedwise. uj stands ce back during Jul—Aug before conservationdistrict.org/ 0 Cytisus • Prevents reforestation by out- u_ Scotch broom seed pods mature. management/ scoparius competing conifer seedlings Z • Mowing can be effective but scotch-broom Q • Increases risk and intensity of fires m must be repeated biweekly for j adequate control. • Hand pull ground plants, taking care to completely • Perennial, climbing vine that can remove roots. grow 10 feet per year and up to 90 https://weedwise. • Cut vines growing on trees— feet in height conservationdistrict. Old man's the plant needs its ground Clematis • Densely blankets the ground, org/clvi6#::text beard/ roots to survive and will die vitalba shading out understory plants =Description%3A end%20 clematis above the cut. • Can cause tree failure if left of%20 20the%20 • Bag all rooted plant material unmanaged Willamette%20Valley and dispose as yard waste, do not compost at home. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 49 3 URBAN FOREST MANAGEMENT TREEMANAGEMENT PRACTICES occurs without tree removal, requiring street trees is an opportunity to increase trees planted with minimal added burden The following section reviews the management practices of the to City staff. City's Urban and Community Forestry Program. Current levels of Planting trees with the largest mature stature suitable for the tree management practices were measured against industry and available planting space is preferred. Selecting large-stature International Society of Arboriculture (ISA) BMPs and American trees may reduce the quantity of trees planted; however, large- National Standards Institute standards. Gaps in management stature trees provide more canopy cover and associated benefits practices were identified, and recommendations to improve urban at maturity than small-stature trees and should be prioritized for forest sustainability and resilience through tree care activities planting when space allows. City staff understand the increase in follow. Current management of trees located in public ROWs is benefits provided when planting large-stature trees and have the in response to requests or storm-related events and is therefore authority to condition large-stature tree species when there is a considered reactive management, but proactive tree planting and suitable site for a large-stature tree. restoration has been a focus in parks and natural areas. Tree canopy from private property trees contributes to -80% of canopy cover in the City. Tree selection, tree planting, and the Tree Planting "right tree, right place" concept support managing tree canopy for Tree planting was a major focus in the City's parks and natural the City. "Right tree, right place" should be considered for each areas between 2017 and 2021, evidenced by the net 25,821 trees viable planting site, with a goal to encourage planting large-stature planted. The 2020 SCAP stated goals related to urban forestry in trees on private property. the "Protecting Natural Resources" category but does not provide The NAHMP (City of Lake Oswego 2022b) outlines goals to a goal for tree planting. manage existing wildlife corridors or utilize native trees to create When tree removal permits are approved, mitigation trees are wildlife corridors. Selecting trees to create wildlife corridors and required for Type II permits, verification permits, and some framing tree planting in this area as a habitat restoration initiative invasive tree permits. If no trees are removed for development, further supports the goals of the NAHMP and increases native tree there is generally no tree planting requirement, unless the benefits to the region. Selecting the right tree for the right place development site is located in the R-6 zone, is part of a land in this context is imperative, but when analyzing species diversity division, or located in a design district. Providing guidelines of for the City's entire urban forest, diversity goals should align with what trees may be appropriate for the site and assigning the BMPs to foster a resilient urban forest. applicant of the removal permit the responsibility for planting and Current practice: The City plants new trees each year in maintaining mitigation trees for a specified period will ensure lost public ROWs and in park lands. When tree removal permits canopy cover from tree removal is mitigated. If new development LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 51 are approved, mitigation tree(s) are required for Type II permits, 15%to 55%, with an average of 31% (Nowak et al. 1996). In forested verification permits, and some invasive tree permits. The cities, park and vacant lands had the highest percent tree cover. City prioritizes maintaining existing wildlife corridors and has Cities in historically forested regions should strive to have a canopy guidelines for native tree selection to promote habitat restoration of at least 40%-60% (Leahy 2017). through the NAHMP. The 2022 SURF report identified that the City's current canopy Recommended practice: Update the 2020 SCAP Protecting cover is 53.4%, which increased from 48.6% in 2009. This canopy Natural Resources category to mirror the goals in this UCFP cover percentage may not be capturing current tree planting efforts to specify tree planting goals. Utilize the concept of"right in park lands, as the 10-foot LiDAR data was not able to detect these tree, right place"to strategically implement habitat restoration new plantings. As such, canopy cover percentage may continue to goals outlined in the NAHMP, such as enhancement of wildlife grow over time. corridors between parks. Private property is often involved when increasing shade in riparian areas. To encourage tree planting The City's commitment to comply with its temperature requirements in these areas, provide community education and outreach from Oregon Department of Environmental Quality is to perform a about the importance of streamside shade and wildlife corridors. canopy cover analysis every five years to track progress towards Consider species diversity for the greater urban forest when canopy cover goals. Canopy cover for the City is the highest in the planting trees outside of natural areas. Require street trees as region among comparable cities (City of Lake Oswego 2022a), and a part of development to increase canopy with little additional tree protection, tree planting efforts, and requiring mitigation trees burden for City staff. Provide guidelines for private property for tree removal are all actions that help manage canopy cover over owners and developers including BMPs for species selection, time. tree planting, and "right tree, right place" to prioritize large- Although overall canopy cover increased in all neighborhoods from stature trees to support maintaining canopy cover percentage. 2014 to 2019, and 50% of census block groups in the City have All departments involved in tree planting should follow ISA achieved Street Tree Equity based on their 40% urban tree canopy BMPs for tree planting, and City staff should ensure contractors benchmark, the other 50% of census block groups have not met and in-house staff follow these planting standards to support the 40% benchmark goal (City of Lake Oswego 2022a). Focusing establishment in the landscape. tree planting efforts in the areas that have not met the goal can contribute to equitable distribution of canopy cover throughout the Using Canopy Cover as Goal Metric City; however,the majority of the block groups with the lowest tree equity score are located along the west side of the city and have Canopy cover refers to the layer of leaves, branches, and stems that significant portions that are unincorporated. The 2021 Effective provide tree coverage of the ground when viewed from above. Two Shade Report(City of Lake Oswego 2021) identifies additional areas important factors that impact the amount of potential canopy cover for the City to plant trees along riparian corridors. are the natural environment and land use. Cities that developed in naturally forested areas range in canopy cover percentage from 52 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I— Z The City's on-going tree planting and tree protection efforts will While utilizing canopy cover as snapshot of overall success, other w 2 be captured in the canopy cover analysis. The canopy cover data- metrics that are not as easy to summarize are relevant, and should w gathering LiDAR flight is generally scheduled to occur every five be measured and analyzed, including the health of the individual Z years, with the next flight expected in 2024 or 2025, and analysis tree, wildlife diversity, desired forest understory, and water quality Q to follow. Utilizing canopy cover percentage as the progress and and soil health. These additional metrics all have the capacity to be H success measuring metric ensures shade increase goals and measured during the inventory collection happening on a periodic v7 w equitable canopy cover goals are met and allows for further goal basis. Every layer of data added has the potential to highlight zones ce O setting. Utilizing canopy cover percentage also shows growth of within the urban forest as hot spots, high risk zones, or an area in u- canopies over time on both private and public land, giving a fuller need of more management resources. Q picture of the City's overall tree canopy. ce Should the City choose to increase and maintain canopy cover to D Current practice: The City has a canopy cover percentage of 55% over time, the City would be a leader in canopy cover through 53.4%, which has increased since 2009. Canopy cover studies forested regions. Private property continues to be an opportunity to are performed every five years or so based on the availability of increase canopy cover and educating residents about the benefits regional high-resolution aerial imagery and LiDAR data and are of large-stature trees, benefits of shade trees in riparian areas, and used to assess City-wide canopy cover. 50% of census block the Habitat Enhancement Program, as well as providing guidelines groups in the City have achieved Street Tree Equity based on for "right tree, right place," would support long-term management of the 40% urban tree canopy benchmark, and the 2021 Effective the high percentage of private property canopy cover. Shade Report identified how more trees along riparian corridors will help the City achieve freshwater biodiversity goals. Establishment Care Recommended practice: Continue to use canopy cover as a Establishment tree care includes staking, mulching, watering, and success-measuring metric of urban forest goals. To increase young tree structural pruning. Establishing a newly planted tree equitable canopy cover,target areas with lower canopy cover in the landscape is the first step in ensuring the tree survives. To that were identified in the 2022 SURF. Target increasing tree minimize transplant shock and support healthy growth of the root canopy in areas identified by the 2021 Effective Shade Report structure and therefore tree stability, within the first two years and provide education on the values of trees planted in these of planting, supplemental watering and proper installation and areas to private landowners. When the next canopy cover removal of stakes may be necessary. Young tree structural pruning assessment is completed, evaluate canopy cover to determine (the removal of defects to optimize branching structure) reduces the if an increase is necessary, or if management of the future likelihood of failure from improper branch attachments and unstable percentage is an adequate goal. Consider assessing additional branching structure as the tree matures. Young tree pruning also canopy cover metrics, such as overall health and fragmentation, allows a tree to compartmentalize wounds faster than a mature and use the Oregon Department of Forestry's statewide tree, decreasing the time frame the tree is vulnerable to pests and assessment tool as it becomes available. disease through the pruning wound. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 53 Current practice: The responsibility for establishment care falls inventoried, a cyclical pruning cycle can be established for trees to on the entity who planted the tree. When trees are planted by be pruned every five to seven years, reflecting the industry BMPs City staff, the City is responsible for all tree care for the first one for a safe urban forest. Since the City does not maintain most street to three years of the tree's life, depending on the department and trees, a pruning cycle for street trees is not applicable. The City does project. After this establishment period, tree care responsibilities not have an established pruning cycle for City-maintained trees in for trees planted in the ROWs generally fall to the adjacent parks and other City facilities. A complete tree inventory allows for property owner. This transfer of responsibility is not widely proactive management by establishing which trees are the City's understood among residents or City staff. Consequently, the City responsibility to manage them, informing areas of improvement in inconsistently maintains some trees post-establishment but not tree care, and ensuring that benefits lost with tree removals are others. replaced for the City and its community. The City hosts annual workshops on tree protection and removal regulations. Ensuring The City actively promotes education materials for young all materials used in these workshops adhere to ISA BMPs and tree care, including information about tree selection, proper monitoring or checking contractor work for quality control will help planting, staking, watering, and pruning. The Parks & Recreation the City maintain safe trees with proper pruning cuts, allowing for Department has considered developing a young tree structural compartmentalization of wounds. pruning program, but it is not currently implemented. Current practice:After the establishment period, trees in the Recommended practice: Any City planted tree receives ROWs are to be maintained by the abutting property owner. establishment care for the first three years after planting. After Topping permits are granted only to utility companies, when this period, the maintenance responsibility shifts to the property necessary,to avoid contact between vegetation and utility lines. owner. At that time, adjacent property owners need adequate notification that City-planted trees will become their responsibility Recommended practice: Use the tree inventory proposed to maintain. Continue to promote educational materials to property in Section 2 to identify all trees that the City is responsible owners about young tree care,tree selection, proper planting, for maintaining. Establish a five to seven year pruning cycle staking, watering, pruning, and mulching. for all City-managed trees in ROWs, in the high-use areas of developed parks, and City facilities. Adjust urban forestry Tree Pruning funding to accommodate for pruning cycle. Host an workshops for contractors with ISA BMPs for tree pruning and monitor for Section 2: Urban Forest Sustainability describes the recommended quality. The City should develop a clear definition for situations tree inventory approach for the City. A tree inventory allows the City where the City will assist a community member with tree to identify publicly owned and maintained trees to allow for efficient maintenance. The City should circulate resources to community management of trees, plan for tree planting and tree care, and allows members to encourage proper tree care, such as guidance on the City to provide further analysis of tree assets. When trees are proper tree pruning, pruning frequency, and a list of local tree 54 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE >- care companies. It is recommended that the City limits topping Tree Removal and Mitigation by utility companies as much as possible. In some cases, it may m Lake Oswego Code Chapter 55 regulates tree removals through Q be beneficial to encourage removal of trees that do not belong Z under utility lines and to plant mitigation trees utilizing the various tree permits outlined in Section 5.1: Municipal Code. Only H concept of"right tree, right place" by planting trees that remain Type II and Verification tree removal permits require tree-for-tree cn small at maturity under power lines. mitigation, or an in-lieu fee if staff determines there is insufficient cn space to replant on site. The City tracks the number of tree removals iii for all permit types, as well as the number of mitigation trees planted ce Tree Risk Assessment for Type II and Verification tree removal permits. Inspections for 0 proper mitigation from Type II removals are performed at random Z A tree risk assessment program enables a City to practice Q for single-family landowners but are conducted for all permits m proactive management by assessing trees that may have an ct elevated level of risk and potentially provide risk abatement efforts associated with development. Tree removal guidelines are found D prior to an emergency. A tree risk assessment program allows in multiple locations and can cause confusion for residents as managing departments to identify trees and areas with potential they seek information on removals. On city owned and managed for elevated risk and prioritize tree removal or treatment based on property,the ratio of planted trees to removed trees by the City from risk assessment. High risk trees should be replaced as they are 2017 to 2021 was about 18 to 1, with 27,356 trees planted and 1,535 removed. An inventory that includes a Level 1 Tree Risk Assessment trees removed during that period (City of Lake Oswego 2022a). In will provide information on areas that may be at higher risk and can 2022,the City planted 1,147 trees and removed 256 trees (4:1) and in be targeted for increased risk reduction methods. The ISA qualifies 2023, the City planted 10,553 trees and removed 119 trees (88:1). professionals as Tree Risk Assessment Qualified arborists. Using From 2020 through 2023, an annual average of 1,349 tree removal this framework, an ISA tree risk program provides a systematic applications were approved, and an average of 3,023 trees were process of assessment and provides mitigation options that may permitted for removal each year. Type II and verification permits retain trees by reducing levels of risk. account for 30% of the quantity of trees permitted for removal Current practice: The City does not currently have a tree risk during this 4-year period, yet these are the only permit types that currently require mitigation planting, except for invasive tree species assessment program. permits in limited circumstances. Over this four-year period, a total Recommended practice: Implement a tree risk assessment of 3,581 mitigation trees were required for the removal of 3,661 program following the ISA BMP for Qualitative Tree Risk trees permitted for removal under Type II and Verification permits, Assessment to provide a systematic tree risk abatement process along with 367 (9%) payments into the Tree Fund in-lieu of planting. to protect more trees in the City. Note that the total mitigation trees planted plus tree fund payments exceeds the total count of trees permitted for removal because 2:1 mitigation is required for removal of"significant trees" for the A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 55 purposes of development. Data on the quantity of mitigation trees Lands Code, but current practices lack consistency between required for invasive tree species removal permits is unknown. implementation of the Tree Code, especially in uplands. City staff have noted challenges in determining which kind of tree removal Despite the lower percentage of trees permitted for removal is permitted in Sensitive Lands. The TMDL Implementation Plan under Type II and verification permits relative to all other permit explains the role vegetation and trees can play in improving types, Type II and verification permits are the only removals that water quality and provides additional educational opportunities require mitigation, except for invasive tree species permits in through the Watershed Councils and the Habitat Enhancement limited circumstances. When mitigation is required, large stature Program. The Lake Oswego Comprehensive Plan, Healthy tree species are required as a condition of approval, where site Ecosystems chapter, encourages protection and enhancement of conditions allow,to prioritize canopy cover and associated benefits existing vegetation including mature trees and native plants and received from large-stature trees. Paying a Tree Fund fee in lieu recommends development of educational outreach materials and of planting is only allowed when growing-space limitations will not programs that emphasize the importance of trees. This section accommodate healthy tree establishment. outlines the importance of updating the Tree Code but does not The City and the State of Oregon consider freshwater streams high- provide specific goals, ratios, or guidelines that support these priority areas for habitat enhancement (City of Lake Oswego 2018; recommended actions. Sensitive ecological areas, such as riparian Oregon Department of Forestry 2022). Tree removal in riparian habitats, are especially important when protecting existing trees and areas, coupled with rising air temperature trends, may result in ensuring removed trees are mitigated in the same area. Strategically freshwater areas that are above habitable temperatures for salmon planting trees along stream corridors was identified as a priority rearing and migration. The City acknowledges the importance of by the Oregon Department of Forestry and by the City's TMDL trees as temperature buffers in riparian zones, especially those on Implementation Plan, as watershed health is significant to the City the south and west sides of streams, where they provide optimal and its constituents. shade against the afternoon sun (City of Lake Oswego 2018). Current practice: The City provides several types of tree According to findings in the City's 2021 Effective Shade Report, removal permits. Mitigation trees are required for Type II and vegetation disturbance and removal along riparian corridors is a Verification permits, and only in limited circumstances for invasive primary threat to freshwater habitat. These findings suggest that tree species removal permits. For all other tree removals, no current tree protections may not be sufficient in protecting the City's mitigation trees are required to be planted. The City has planted freshwater habitats. The City's tree policies regarding riparian trees more trees than it has removed from city owned and managed should be amended to reflect the City's effective shade goals set properties every year for at least the last seven years. When forth in the City's TMDL Implementation Plan. For more information tree removal permits are approved, large-stature tree species about tree policy recommendations, see Section 5.1: Municipal Code are recommended for mitigation if appropriate for the site. and Appendix C: Municipal Code Redline. Information for tree removals is found in multiple places, causing The City recognizes the shade and cooling benefits of trees in confusion. riparian zones and provides protection through the Sensitive 56 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I— Z w Recommended practice: Collect all tree removal policy into creating a wood product out of removed wood are all methods to w one chapter of a document. Require mitigation for all types of further sequester carbon and utilize natural resources to their next Q tree removal permits, with allowed exceptions (in-lieu fee or highest use. Z waivers) when the site cannot accommodate a mitigation tree. 2 Tree debris sent to landfill for disposal generates greenhouse Continue to require Tree Fund payments in lieu of mitigation i- planting for Type II and Verification permits when mitigation gas emissions through need of transport, incurs disposal costs w ce for the City, and removes an opportunity to utilize tree debris planting is not practical. Support and expand the current practice 0 of recommending the largest-stature mitigation tree for tree material within the local landscape. City staff are interested in Z removals by developing a policy. Expand the native species developing standards for internal operations of tree debris disposal. m tree mitigation list to include non-native but climate adapted The simplest reutilization of tree maintenance debris is typically ce species. Add vine maple to the native species tree mitigation chipping for mulch. Mulch chips in public spaces and for tree wells list to allow a small-stature and highly beneficial alternative to help rebuild soil structure as the mulch decays. Improved soil native dogwood. Establish guidelines for spending Tree Fund structure helps a tree absorb nutrients and water throughout its life, payments on tree planting, care, and maintenance, including a increasing tree longevity. program to support tree giveaways to private property owners. Tree debris management has various considerations depending on Update the Tree Code to support goals identified in the TMDL the intended next use, including potential pest infestations and the Implementation Plan and the Comprehensive Plan's Healthy condition of tree debris. With increased concern of invasive pests Ecosystems chapter by providing specific guidelines, ratios, and spreading to unimpacted areas, if a removed tree is identified as actions for the community to support shared goals. Manage, infested, proper disposal procedures are a necessity. Urban wood update in policy, and clarify for staff the tree protection policies reuse of infested tree debris is often limited to mulch, as the priority for trees in sensitive freshwater habitat areas, such as riparian is to limit the spread of pests. However, depending on the pest, zones, and for trees that provide shade for aquatic habitat in solar treating, kiln drying, or chipping debris are important control ephemeral streams and storm drains and consistently implement methods to prevent further spread. Identifying the pest will inform the Sensitive Lands Ordinance. disposal management practices to limit spread. When tree debris is collected from storm damage, usage is also limited to mulch. Wood Disposal and Reuse Both pest-infested trees and storm damage debris can be utilized as mulch if proper treatment is performed prior to utilizing in the Trees sequester and store carbon as they mature. Once a tree is landscape. removed from the landscape, decay of wood releases carbon back into the atmosphere. Preserving standing dead trees (snags)with Utilizing tree maintenance debris as mulch continues to store negligible risk potential as wildlife habitat, converting removed carbon, increasing the longevity of the carbon sequestration material into mulch chippings, processing mulch into biochar, or benefits of the City's tree inventory. By utilizing tree debris as mulch, the City can increase diversion from landfill, decrease A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 57 transportation emissions, and utilize removed trees as a bioresource. framework for future discussions in urban forest management, such Utilizing tree debris within the local environment in which the tree as those about which trees to include in the inventory and budget matured creates an urban forest story: a City of Lake Oswego tree allocations. providing benefits throughout its biological life and continuing to provide benefits through its next usage. . Y,- , Current practice: The City currently does not have a standard 5:Ape .. > - - .• ...et> -_ L practice for disposal of tree maintenance debris. However,the - 4* ::.- '1.#. .:•.-.` ., ar ?} *MA ' T Department of Parks and Recreation creates mulch from their tree ,,V� :-' ' •;.µ debris. -- :.?"". y, . _, ;+. U1 "' Recommended practice: Create a tree debris utilization - ,= ��'•"'. "^� ' � �• w .. x 4Zpro ram that helps retain carbon sequestration benefits and �, ,' provides hyperlocal bioresources to the community. Utilize tree " - 1. �f maintenance debris for mulching publicly owned trees and AA, ~.' h develop a program for community members to pick up mulch �' ,11 " ' : `��-' $t"t"10 t, . 4011.4r, 7 produced by the City to use on trees on private property. Tree may' .. debris collected from storm damage or with known pests should ! - i �-� be treated prior to utilizingas landscape mulch. .' �. ' " , ``\_. • . ,.-. tir-iii?!.., i jir I f$4,1.,,,.-.).1.14 ),,•,,_A, , # _, ,•,,,•-...' 1, dt.0,,.s.N v Via;. . ;�c. MAINTENANCE MANAGEMENT " ,fi a'=r. ' ` ` :'_ r y` ` 3, +` 4•cami `ry=�'- .. RESPONSIBILITIES '� e,y - �� x off. .�• .i� ;�,' �� _ .i��f^. p d7. The 2007 UCFP included a goal to clarify the management 4 t s ?A�. '"' �' I ' • • • w responsibilities of departments regarding management of trees • mo ' `:` .. ,' 'in the ROWs (Strategic Plan Goal B1 . There is still a discrepancy ,, . between departments regarding management responsibilities. # R Achieving the goal of clarification requires an ongoing dialogue ;, `•. . .' +''",° ,.r • . • - ', between all tree-management departments to establish a common r,..' "` ;4 `. �° ' goal144 for tree management, define the Citys scope of management ' '-- • 1` responsibility, and delineate roles on a department and staff level. , ` = • ^- � ,�� . m The outcome of this conversation will serve as a foundational • L . : • 58 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I- Z FUNDING Parks & Recreation's top three contracted tree activities include tree w 2 removal, tree pruning, and invasive species removal. Public Works' uU 0 top contracted activities are tree removal, storm cleanup, and tree 4 The 2021-2023 biennium budget related to tree management Z is shown in Table 3-land is derived from several sources. The planting. All of the Planning Department's contracted work is spent 4 on private property and planning activities. operating budget was approximately $2,127,802, with $170,000 i- for in-house services, $1,103,802 for in-house salaries related to It is difficult to determine if the City's urban forestry budget is ce tree work, and $854,000 for contractor services. Tables 3-2 and sufficient to cover its current and future tree activity needs without 0 3-3 further breakdown the tree management activities that are additional data. A public tree inventory can help the City create a Z attributed to in-house employees and contractors and calculate the management plan that covers needs of an aging tree population, for m ce estimated budget spent on each activity. These tables provide a example. According to staff interviews, several departments noted j baseline for the City's current departmental distribution of work and that their budget was adequate for their current needs. However, show where the activities differ between departments. The Parks & this Plan highlights areas where tree management activities may be Recreation Department's top three in-house tree activities include strengthened, improved, or clarified, which will result in a need for tree removal,tree planting, and storm cleanup, while in-house Public additional budget and staff time. Works staff spend most of their time on storm cleanup (Table 3-4). Table 3-1. 2021-2023 Biennium Budget Related to Tree Management and City of Lake Oswego Funding Sources In-House Allocation Contractor Allocation Funding Source Parks & Recreation Public Works Parks & Recreation Public Works Planning General Fund $ 124,000 $ 0.00 $313,000 $101,000 $ 180,000 Street Fund $ 0.00 $ 46,000 $ 0.00 $260,000 $ 0.00 Subtotal $ 124,000 $46,000 $313,000 $361,000 $ 180,000 Staff Salaries Spent on Tree Activities $1,103,802 — (Table 3-4) Grand Total $2,127,802 A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 59 Table 3-2. Estimated Work Activities and Biennium Budget Allocated Towards In-House Tree Maintenance Tasks Parks & Recreation Public Works Estimated Estimated Activity Estimated Time (%) Estimated Time (%) Budget($) Budget($) Tree planting 5% $6,200 10% $4,600 Tree pruning 20% $24,800 10% $4,600 Tree removal 25% $31,000 10% $4,600 Stump removal 0% $0.00 10% $4,600 Storm cleanup 20% $24,800 60% $27,600 Habitat restoration 15% $18,600 0% $0.00 Invasive species removal 15% $18,600 0% $0.00 Total 100% $124,000 100% $46,000 60 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I— Z w Table 3-3. Estimated Work Activities and Biennium Budget Allocated Towards Contracted Tree Maintenance Tasks 2 w 0 Parks & Recreation Public Works Planning a Z a Estimated Estimated Estimated Estimated Estimated Estimated Activity Time (%) Budget($) Time (%) Budget($) Time (%) Budget($) v7 w ce Tree planting 16% $48,000 15% $54,150 0% $0.00 2 Z $0.00 0% $0.00 Tree pruning 20% $64,000 0% a� 3 Tree removal 41% $129,000 70% $252,700 0% $0.00 Stump removal 0% $0.00 0% $0.00 0% $0.00 Storm cleanup 8% $24,000 15% $54,150 0% $0.00 Habitat restoration 0% $0.00 0% $0.00 0% $0.00 Invasive species removal 15% $48,000 0% $0.00 0% $0.00 Planning-related activities 0% $0.00 0% $0.00 100% $180,000 Totals 100% $313,000 100% $361,000 100% $180,000 A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 61 STAFF AND CONTRACTORS 0 '. `-, . * , : _ , . 1 ' The City uses a combination of in-house staff from the Parks & ,46,"" : ,..f, V .; • •,•":f •,,a'' •,�. i } to Recreation, Public Works, and Planning Departments, as well as : • ":, ` ' f yr r external contractors, to manage trees, enforce the Tree Code, and ti implement the Urban and Community Forestry Program. A summary \lit • ',,' ' , ' .-'' . 11..4 of all in-house staff positions is listed in Table 3-4. is '11 N 1AN,/ Full-time equivalents (FTEs) represent the percentage of staff time < p/ ri �&' y �'for those involved with the municipal tree management program /7 based on a 40-hour work week. The salaries of each position are ' r� , . calculated to show the estimated amount of salary and benefits ',+}-,e,„ _ R f i r, f� t/ '' # 01 spent toward their tree activities. Collectively, the total number of in- , S •• •' ,it c, .!`.- , house FTEs is 2.69, with 0.79 involved directly with tree maintenance s►.; - \ - - (Public Works and Parks & Recreation). Staff who spend the most � ' , ',' r` , - l' time dedicated to tree-related activities include the City's Associate :. ; Planner (0.7 FTE), who manages the Tree Code permitting process, -,4�. '" { and the two enforcement officers (0.5 FTE each) who enforce the %*11 �� . . ; Tree Code. };, ' The tree management areas that in-house employees and ..- 4- =-4•_ ''sir_ ' Olit ; ,9; contractors work and their associated work distribution are listed in + r ' Air Table 3-5. For in-house services,the Parks & Recreation Department • `l;wf "-5.44 '� 5` ',,•'\ estimates it spends 10% of its time on park trees and 20% on trees , . .}' ''� -. in natural areas. Public Works estimates it spends 10% of its time on `� :' ;`' = '' ROW trees. The remaining time for both departments is spent on fir. t ' ,.4� ., `" k, non-tree-related activities. The Planning Department spends 100% , 1l of its in-house and contractor time on planning-related activities 'tom` `•$` ' t • 't40e7 '�.• n' '' :`'' �-F and private property. Contractors for Parks & Recreation spend `A* ` " 4 approximately 30% of their time on park trees and 70% on natural .,t , ' i .,{,. ' I *' ,.;;; ,,'` \‘ i -. areas trees. All Public Works' contractor time is spent on ROW trees. '1...v.} friti. ' •• , :40•.� -40 . ,-VI' 1. \.,\. .i. '.. t - 62 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Table 3-4.City of Lake Oswego Tree-Related In-House Staff Positions and Allocation of Annual Salary Spent on Urban Forest Work I- Z w City Total Salary, Estimated Total FTE Salary Spent on 2 Title Positions w Department Benefits, Fringe (full-time equivalent) Urban Forest Work 0 Q Z Crew Leader 2 $288,150 0.1 $28,815 Q 2 Laborer 4 $507,776 0.1 $50,778 N w ce Public Works Management 1 $213,574 0.15 $32,036 0 u_ Z Beautification Specialist 1 $152,000 0.2 $30,400 m ce Subtotal 8 $1,161,500 0.55 $142,029 D Utility Worker 7 $822,051 0.1 $82,205 Sr. Utility Worker/Ranger 6 $586,966 0.05 $29,348 Crew Leader 3 $286,381 0.03 $8,591 Parks& Recreation Parks Manager 1 $160,021 0.05 $8,001 Asst. Director 1 $197,247 0.01 $1,972 Subtotal 18 $2,843,756 0.24 $130,118 Associate Planner 1 $146,379 0.7 $102,465 Planning Manager 1 $196,863 0.1 $19,686 Clerical/Office Support 1 $53,304 0.1 $5,330 Planning Code Enforcement Specialist 1 $146,912 0.5 $73,456 Sr. Code Enforcement Specialist 1 $157,632 0.5 $78,816 Subtotal 5 $701,090 1.9 $279,754 Grand Total 31 $4,616,346 2.69 $551,901 A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 63 Table 3-5. City of Lake Oswego's Tree Management Area Summary In-House Services Contracted Services Parks & Parks & Public Tree Management Areas Public Works Planning Planning Recreation Recreation Works Right-of-Way Trees 0% 10% 0% 0% 100% 0% Park Trees 10% 0% 0% 30% 0% 0% Natural Area Trees 20% 0% 0% 70% 0% 0% Public Grounds Trees* See note Non-tree-Care Duties 70% 90% 0% 0% 0% 0% Planning/Private Property 0% 0% 100% 0% 0% 100% Total 100% 100% 100% 100% 100% 100% Note: *Public grounds trees at Parks& Recreation building sites(Adult Community Center,Tennis Center, Luscher Farm, etc.)are maintained by staff members at each facility,and the maintenance funding comes out of that facility's budget. Public Works manages the maintenance of all other trees at City-owned facilities.Should an issue arise that causes Public Works to use a contractor for tree maintenance,the maintenance funding comes out of the budget of the Department where the tree is located. 64 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE 4 URBAN FOREST CODES , PLANS, & POLICIES MUNICIPAL CODE Oswego 2022a; LOC Chapter 55). Additional requirements regarding trees in certain zoning districts can be found in Lake One of the best things a municipality can do to enhance their Oswego Code Chapter 50: Community Development Code. urban forest is to preserve existing trees. Although tree planting All trees of 6-inches DSH or greater are protected in the City is important to long-term urban forest sustainability, it may take and must undergo a permitting process for removal. The City's years or decades for recently planted trees to reach the value of Planning Department reviews the application using a set of the large canopy sizes prevalent in the City today. Over time, if criteria based on the tree's size, health, location, and other factors. healthy large trees are continuously removed and replaced with Permits may be approved, denied, or withdrawn, with some small-stature trees, tree benefits to the community will be limited. approvals also requiring mitigation through tree planting or fees. It is critical that existing canopy is preserved. Penalties exist for unpermitted tree removals. The types of tree The City's Tree Code was originally adopted in 1971 and has permits are included in Table 4-1. been amended several times to preserve the City's trees while also accommodating reasonable removal requests (City of Lake ' ,! t F .,` , .� _r s' 7r. - _ r+ _, !'f` 7 L .-j•- - r -�,� 4. i".47 `-• 't ' E. i';'2,� .rtt� Yr.° 4 +.x� -:� -r i 4 :!, r ,3 p� S r-J �{•'i' D�c, V 1�• ' _ tf, w� ♦z_ .�! 5� ?4 l� s1, .: ��y- ]t;w' 'X• sr .?^i` _,-�c ,( i �+ :.: !.J _ 2 -1-1'c" `fir• - r:.i - Ott t !'' t. $.+' S f-- w :"� •'^ ` -,"-�Y• �'c r a i .- c�,:it ; -'1 Y,:r. A ' _ , rF .7 �,ixk'�M , g kA . ;, r-1 i ! n , T'' V, -_ —. tr (. �,' i 4s T a � ' ti x ' ti j '' ? > �>r " '. vf1 `+ ��-> a rcr4 ��y r '� _- r•r ,a '', ,:.• - .P -� .k or:: ',- r �'a_�..^ t .�'rt�- ..a `* `'.�v' z. F � tt �,1'�- ,„ .' " .1-`'_'- ' ,d"� .'..IR` iit :r,� �'..✓.i • '�-�' ,dq3 ':3ilr fA `s' rF e� - Y�`t- df -'u;�',:r yt .-:rd_ t i. . ` r 1 r ,. ,r '�Y. fi r. r �'fIF.. T w- YjpY IP y.Y FR t "' y. - >3'° `r r�� ,,. .S1`�': C°`!"�1� ,�+�z�,7 ` � �" 1". - �, -}'.� � �.' � --,_�''T, ti al_ ,"�'' b 4. .-..',:....,,,I, rY1 1 :•:fa lam!' y::-• 'et* -, ati..• r ,_3 y . F�Sa,,11''-ti s . . d{.. /, .1�,. '. ., , .. .: iI t 'R,• fs'�.�•,:S „_e`Y � _, ".' y-,5 .a..- i' t , ',� _' RV r_ r ‘:`, uk' I. 4Yw�i ' s �f 4 °t s t: .�1. .4 dry y 'Y:# ?+' •R; '..p.....` r ^ t r !^ ,i Ltd r a 4 y�$ _ r y' .ems( r 4 . '`/tfi Y •7' it; 'M J J Cãnà1ArR • .0— ,,,,,A,....:::::: _ EA Cr :'`4 L , a. _ ' � _ 'tarr-r '$ �:- ... �,,, , :t ar J' - • .µ _""'. Sty;y�Y, k1. r '' t 1Y IBC r.1.' 6 • _:g y s.y t , 4,a 7 +/t' r • J t ,'Y' k5 �,� 'L- ` a.. b yor tea'i ( ."' '✓ ', -- _ 1 a , ,• ,(ems -,�_ '• �. tea LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 67 Table 4-1.Tree Permits in Lake Oswego Code Chapter 55: Tree Code Permit Type Description For removal of up to two trees of up to 15-inch trunk diameter per year on residentially zoned lots occupied by Type I Permit a single-family dwelling permitted. No limits on fruit tree removals. Special restrictions apply, such as for trees in Sensitive Lands. For trees that do not qualify for other tree removal permit types and that are being removed for landscaping or Type II Permit development purposes. For trees that are high or extreme risk according to an International Society of Arboriculture Qualified Tree Risk Hazard Tree Permit Assessor. Trees damaging private utility services or public facilities may also be considered hazard trees. Snag creation may be required in Sensitive Lands to provide wildlife habitat. For trees that are lifeless or in a state of progressive and irreversible decline. Special restrictions apply, such as Dead Tree Permit for trees in Sensitive Lands. Emergency Permits For emergency situations such as a tree actively failing or interrupting a utility service. Invasive Permit For the removal of trees on the City's Invasive Tree List. Verification Permit For trees previously approved for removal through a land use decision, such as a subdivision or partition. Topping Permit Issued only to utility provider to allow pruning of trees to prevent conflicts with overhead utilities. Forest Allows tree removal for the purposes of improving forest health (e.g., preventing overcrowding of trees in a Management forested area). Applies in a variety of contexts, including residential, recreational, and open space properties. Permit 68 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE cn The community survey identified that 50% of all respondents either in the City, and the current tree removal permit data shows that most V disagreed or strongly disagreed that the City was effective at trees permitted for removal over the combined 4-year period are J O preserving trees in the City. When asked for comments about the invasive or dead, which demonstrates that the community is already a 06 permit process, many comments (17%) highlighted the perception doing a lot to manage the urban forest. vi that developers seemed to be exempt from the application process Z Based on discussions with City staff and the TAC, community 4 or that the City uses a different standard for individual homeowners. a Developers and arborists expressed challenges with the Tree engagement, and a comprehensive technical review by the vi consultant team, the following amendments to the Tree Code and w Code as well, noting that the process can be difficult to understand 0 Community Development Code are recommended and summarized and too ambiguous, can result in loopholes, or make necessary development in the City more uncertain and costly. in Table 4-2. For a complete redline, refer to Appendix C: Municipal U Code Redline. CA w These opinions illuminate the need for the City to increase ce 0 transparency in its approval process of tree removal permits, Exhibit 4-1.Total Quantity of Trees Permitted for Removal including tracking all removal permits that are submitted, approved, by Permit Type between 2020-2023. Z 41 withdrawn, or denied. Additionally, Oregon Revised Statute im ct 197.307(4) requires the City to adopt and apply clear and objective D Emergency Forest Management, 110,1% standards, conditions, and procedures regulating the development Hazard 153,1/y \ I of housing,to ensure that the City does not use discretionary or 1063,9% subjective criteria to deny housing projects or discourage housing Invasive through unreasonable cost or delay. 2579,21% Verification Table 4-2 provides the quantity of approved permits and the 1229,lo% quantity of trees permitted for removal by permit type between 2020-2023 and Exhibit 4-1 shows a summary of the total quantity Type II for of trees permitted for removal by permit type over this same 4-year Development 762,6% period. On average, 3,023 trees were permitted for removal each year. Between 2020-2023, Invasive, Dead, Type I and Hazard trees account for 68% of trees permitted for removal, while 14% are Type II for landscaping purposes, 16% are Verification and Type II Dead for development purposes, and 2% are for Emergency and Forest Type II for 2490,21% Landscaping Management. Despite the quantity of trees removed each year, the 1670,14% city-wide canopy cover has continued to increase, demonstrating that the Tree Code is at least somewhat effective at preserving trees Type I 2037,17% A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 69 Table 4-2. Quantity of Approved Permits and Trees Permitted for Removal by Permit Type between 2020-2023. Type of Tree Removal Permit Quantity of Approved Permits Quantity of Trees Permitted for Removal e 2021 2022 2023 2020 2021 2022 2023 Invasive 173 190 133 111 838 528 901 312 Dead 410 387 312 301 727 665 539 559 Type I 476 451 322 220 614 640 458 325 Hazard 152 296 132 95 247 431 244 141 Type II for Landscaping 218 292 183 160 433 532 327 378 Type II for Development 57 52 57 26 283 169 180 130 Verification 9 12 24 11 506 187 425 111 Emergency 20 58 31 21 27 65 37 24 Forest Management 0 1 2 2 0 16 78 16 Total 1515 1739 1196 947 3675 3233 3189 1996 70 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Table 4-3. Summary of Recommended Amendments to the Tree Code(LOC Ch. 55)and Community Development Code(LOC Ch. 50) Change Explanation p a When native trees are removed under a Type II permit, replacement trees are required to be a native uj species from the City's Native Mitigation Tree List. This requirement has resulted in two issues: 1. Although natives generally provide greater environmental benefits than non-natives, a native a tree often does not thrive in an urban environment(Bassuk and Sutton 2012), as growing vS conditions in its natural environment are often profoundly different. Additionally, changing a climate conditions are impacting the ability of some native species to thrive in their historic range. 0 Expand tree list to include Therefore,there are instances when a native-for-native approach is not appropriate, and a non- cn suitable non-native tree native tree is better suited for the site. Rather than uniformly requiring native trees, the right tree ce alternatives and stature should be planted for the right site. 0 requirements. 2. The 2022 SURF identified that,when presented with the choice to replace native trees, many Z large-stature trees (i.e., Douglas fir) have been replaced with small-stature trees (i.e., Pacificce dogwood). While technically compliant with the native-for-native requirement,this practice may eventually result in a decrease in canopy in certain areas of the City. The native-for-native requirement should be updated to require mitigation trees to be replanted with species of similar stature when adequate space for replanting exists. State legislation (ORS 197.307[4]) requires local governments to adopt clear and objective criteria for any regulation that affects housing. The definition of"Significant Tree" and the Type II permit criteria in LOC 55.02.080 are highly subjective and need to be updated to be clear and objective for all Update the code standards development involving housing. for Type II tree permits to be clear and objective, to ensure Exception criteria for Type II removals are currently difficult to interpret and implement. The compliance with Oregon state exception criteria for development involving housing must be updated to adhere to the clear and legislation (ORS 197.307[4]). objective language requirements in ORS 197.307(4). Clarify the types of removals that are permitted in Sensitive Lands. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 71 Change Explanation Add a time frame requirement Per ISA industry best practice,the City should specify a time frame for which the likelihood of a tree for tree risk assessment. failure of hazard potential, such as "the hazard potential of the tree within a 3-year time frame..." Some municipalities, such as Renton or Vancouver, WA, have established minimum tree canopy Consider developing minimum retention requirements, or minimum tree density requirements on new development in commercial, canopy cover on commercial industrial, and multifamily zones. It may be beneficial for the City of Lake Oswego to implement this and industrial lots. requirement into the Tree Code. When medium to large mature-stature trees are removed and replanted at a 1:1 ratio with small- stature trees,the urban forest canopy may diminish over time. This is especially true when a municipality does not have the capacity to ensure that replacement trees are properly maintained Increase tree removal into maturity. It is recommended that the right tree is planted for the right place,with a preference mitigation to requiring planting for tree species with the largest mature stature to be planted for every tree removed to maintain a of the largest-stature tree vibrant and sustainable urban tree canopy. When site conditions do not allow for mitigation trees, suitable for the site, especially an in-lieu fee may be considered. Funds from the City's Tree Fund could be used to help private in riparian areas. property owners increase canopy cover in these areas. Replacement ratios are especially important for establishing shaded riparian areas, as recognized by the Oregon DOF and the City's TMDL Implementation Plan. Add a requirement that Planting trees that have been removed is the first step, next is providing the resources needed inspects the mitigation for mitigation trees to thrive. Requiring a semi-annual inspection, that can be completed during trees during their three-year watering/pruning times, provides assurance for the community that trees that are removed are being establishment period. properly established. 72 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Cr) w_ U Change Explanation 0 Tree mitigation removal vi Current fee structure for mitigation trees do not cover the actual cost of supplying, planting, and Z fee align with the costs of Q establishing new trees. Aligning these costs put the cost burden on the person removing the tree, replacement, and three-year a rather than the city having to fund those expenses. establishment care. cii w 0 Consider revisions to the U U Minor Forest Management i— The definition of"large, forested tract" may contribute to loopholes that allow areas that are not to Permit and/or amendment w ce normally considered to be a forest to qualify for the permit. of the "large, forested tract" 0 definition. Z Q m Notes: LOC= Lake Oswego Code;SURF=2022 State of the Urban Forest Report; ORS=Oregon Revised Statute; ISA= International Society of D Arboriculture;ODF=Oregon Department of Forestry;TMDL=total maximum daily load. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 73 -01.. 114k, 4111411 4, rk I,,,- -)JLigo r 0:1----11 I:,________,------------ , . III ..,', t„,-,-,--.7-.„------___________ ilk 411111.k S. b. r - -'=- 11.1 II I Ift `r-..4 111 I I I I I I I I I I I I I I I I I I I I I I 41. k. k Allirir"liilliIIIIIII Aum....4.116.444 \\ .1-4Pi Ausia . _ I ileir ttii„._i-t,..__-aL_b____ -1"_„-_-,ist,..__f____y______,1- , -!,. 7_r-------_------_, ,‘44„._-,,14-I11_11„4_.._._11„11„.,, •--i-.,.-.-l.k w imi iktv -„t-,,b,., cam' ....s....................... -,, .. ,,-i 1; its =~ .tom _ kit II 111.11.111111111, ORIliw _ J �_ 1 N `, 11:1 ~ T ly ma`s ` �i-� t V:.:. �� «� i 11 I'.6 a hit VIII 1 I T C > 1�N i.T�i. 1. Syr 7.7:..,..-16::......,.....11,,LIIIILmJ.1,i.,.... ,:,_.. . 1'''.;:.7..#-:11"II's7::.1 1 icti„..1:171-...'.� , .. 'vim ..' •(I"... ' d . ,.„. , , w� IlYili : i " m=amr �mw��' �iri +r�. all, s �� * AM�r orri'Tf v) w CITY AND COMMUNITY PLANS J 0 a The following City plans and documents were identified as relevant to the City's urban forest management. In these documents, trees and °6 the urban forest are generally not the main topic but are addressed as they relate to the primary topic of the document. Table 4-4 provides Z Z summaries of each document, how it relates to trees, and identifies areas within each document that can provide more protection, funding, or Q J alignment of goals with this UCFP. a vS w a 0 Table 4-4. Summary and Gaps Identified in the Reviewed City Documents U I— (I) Plan Purpose How It Relates to Trees Recommended Change(s) w a! 0 u_ z The 2013 Comprehensive m The urban forests and vegetation a: Plan was updated in 2016 to D section explains how the largest include a Healthy Ecosystems contributor to the City's livability and chapter, which replaced Goals natural beauty is the City's urban Evaluate all the tree policies 5, 6, and 15 of the 2013 plan. forest. This section outlines how trees in this plan and determine This chapter focuses on natural Comprehensive benefit the community with reduced if any revisions or additions resource programs, urban forests Plan: Healthy energy costs, cleaner air and water, are needed based on BMPs and vegetation, open spaces, or issues that are Ecosystems aesthetic value, reduced erosion, important Oswego Lake, air quality, and and more wildlife. The overarching to urban forest management the Willamette River Greenway. goal of this section is to "protect and and not currently addressed. The plan is implemented by the enhance the functions and values City of Lake Oswego's Planning Department and is used to guide of Lake Oswego's urban forests and beneficial vegetation." future development. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 75 Plan Purpose How It Relates to Trees Recommended Change(s) This plan reviews how the City Although the SCAP can prepare for the effects of outlines goals that support Trees are very prevalent in this climate change, reduce GHG tree planting, actions do document because they contribute emissions, and become more not specify tree planting to solutions to many of the issues sustainable in the future. The main requirements to support outlined in the plan. In addition, the 2020 topics covered in this plan include these goals. The second plan notes the City's 28-year Tree City Sustainability reducing transportation-related goal in the Protecting USA certification. The plan explains and Climate emissions, protecting natural Natural Resources category how proper management of forests Action Plan resources, promoting energy states to update the Urban will reduce the risk of wildfire events Report. Up dating and water conservation, Forestry p datin g and protect natural resources. Many reducing waste and exposure to the SCAP goals to match the other benefits of trees are noted in toxins, educating the public, and updated UCFP goals will aid this document. improving City employee health in reaching goals of both the and engagement. SCAP and the UCFP. This plan explains how different This plan focuses on improving habitats within the City and their ecological resiliency for 27 corresponding tree types can be natural areas within the City. enhanced or restored to provide safe The plan covers who manages and heathy ecosystems. Included This plan is comprehensive 2022 Natural different natural areas in the City in the plan are recommendations and accurately explains how Areas Habitat and includes partnerships with on how to protect forests, such each recommendation will Management volunteer groups and watershed as controlling noxious weeds, be carried out. No further Plan councils. Seven general habitat diversifying forests, reducing wildfire recommendations. types were classified to specifically hazards, selective tree removal, address the ecological status of removing invasive species, and each habitat. minimizing habitat fragmentation, which supports forest health. 76 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE w_ 0 Plan Purpose How It Relates to Trees Recommended Change(s) 0 a 06 The general purpose of the Open Trees and forests contribute cri Z significantly to the community Space Management Plan is to 4 character and natural resource This plan includes many a prepare the City for projected inventory of the City. Trees are recommendations that vS growth and urbanization in the w mentioned in almost every section have been accomplished. 0 2001 Lake early 2000s while also maintaining 0 of the plan, other than water access However, the plan is over U Oswego its unique community character and regional connections. The 20 years old, and several i- Open Space by protecting natural resources. recommendations in this document goals and policies from w Management The plan addresses water include prohibiting clear-cuts on this plan have not yet been 0 Plan access, heritage landscapes, hillsides, adding protection for implemented and would Z scenic resources, natural Q tree groves, creating both green benefit from a review and m resources, green neighborhoods, ce neighborhoods and green boulevard update process. D and regional connections by programs, establishing an Urban implementing action measures. Forestry Program, and others. The Effective Stream Shade Analysis measures changes This report details how canopy in effective shade and canopy cover lowers or stabilizes stream cover using LiDAR data. The This report is designed changes are used to track the temperatures to provide optimum to present current 2021 Effective City's progress in meeting its conditions for aquatic health. conditions, which could Shade temperature allocation set Effective shade is canopy cover be used to assist with Analysis by DEQ and the Willamette that provides direct benefits to creating actionable steps River's temperature TMDL. streams and aquatic life; it is the for forest management By lowering or stabilizing primary measurement of this implementation. stream temperatures, aquatic report, although overall canopy life in general, but specifically cover is also discussed. salmonid health, is protected. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 77 Plan Purpose How It Relates to Trees Recommended Change(s) The 2022 Stormwater Management Plan contains the strategies and metrics that the The UCFP, in conjunction City will use to implement its This plan mentions the Planning with the Effective Shade Department's urban forestry 2022 DEQ-issued stormwater permit. Analysis and the City's Stormwater An annual report is submitted to workshops as a method for TMDL Implementation providing public education Management DEQ summarizing the activities Plan will provide ways in Plan completed and tracking the regarding stormwater. Trees are which trees and canopy not referenced specifically in this progress the City makes cover can positively affect plan. each year to comply with the water quality. requirements of its stormwater permit. 78 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE o w_ 0 Plan Purpose How It Relates to Trees Recommended Change(s) 0 o This plan was drafted in a vi z response to Governor Brown's Q Executive Order 20-04, which a vi directed state agencies to w reduce climate pollution. The This document focuses on p parking, transportation, 0 Department Oregon Land Conservation and housing, but does not F of Land and Development Commission v7 address how trees can w Conservation then required cities within a and Oregon's eight largest Trees are only mentioned in reduce climate pollution. O The UCFP includes Development: metropolitan regions to update this plan in relation to new or Z discussion of how co their comprehensive plans redeveloped parking lots. co Friendly and with regulations that reduce trees support climate- D Equitable GHG emissions. Although friendly and equitable Communities the City has already aligned communities, such as with many of the outlined mitigating the urban heat climate mitigation goals, the island effect. City will still have to amend its development code and update its Transportation System Plan. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 79 Plan Purpose How It Relates to Trees Recommended Change(s) Preserving trees and forests is one of the main objectives of the Clackamas Community Wildfire This plan was drafted by Protection Plan. The plan explains The goals and policies in the Clackamas County how dead and dying trees this plan mainly focus on contribute to the likelihood and Commissioners Board to community preparedness, address risks from wildfires. intensity of wildfires. Furthermore, education, developing The document serves as a the Lake Oswego Fire Department partnerships, and support recognized the balance between consolidated, localized, and services in relation to Clackamas more accurate approach the benefits of increasing urban wildfires. The Enhancing tree canopy and the risk to life Community to wildfire prevention and Natural Systems section Wildfire response efforts. Five main and property from wildfires. The talks about forest BMPs. plan stresses the importance of Protection goals were created, including Overall, this plan is creating defensible spaces around Plan protecting life and property, comprehensive and properties, which may require increasing public awareness, accurate)exemptions to the Tree Ordinance. y explains how enhancing natural systems, each recommendation will Lastly, the plan explains how developing partnerships and there are many Christmas tree be carried out. Therefore, support implementation, and there are no further farms in the County that burn strengthening support services, recommendations for excessive amounts of woody each with specific strategies. policy implementation. material. A chipper program could be implemented to reduce the excessive burning of woody material. Notes: City= City of Lake Oswego; BMP= best management practice; TMDL=total maximum daily loads; DEQ= Department of Environmental Quality; BHCP= Backyard Habitat Certification Program; GHG =greenhouse gas; SCAP=2020 Sustainability and Climate Action Plan; UCFP= urban and community forestry plan; HEP=Habitat Enhancement Plan 80 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE • i • - . .-. -.••, ' r.' . . , . ,,..„1 .. 0.. ._., , 1 ii...ti •.!4.:, 1.0:411.4,... 1.1;•__.% •1.• ,4 or •4- •-,:•• -4,.. c(..„.._. . .,r. Ar ' 7,• ....( 1..r....H:....so' •,::k.,..--..-40,1....... 4 .•••t,:•:•• .. .,..;:ir.......,'77• ' ...‘ t ii• . 4 •".:......•......... .a.?.7%. .,.,.:14, ,... • • .:JrAli ,-..i.•.-..]. ..:' '..::.:L;. iX,'`' --,^ _ .f..."-... :-.::::.,k1;_,Ir.'- -- ,teit 4'-- - '• y. •••• . , '• '.• V'..;-r ijit. .' 4 l'Y tilli;t S . 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Nin-.. • -4., .... -.:*•••• .--- ----, 411. ft...."- ‘..- . _ 11.11.1"killimilL- • --.„,k.: ,. . - ' ‘‘Nh. N. im -4, ite_o OfiriA Cf ifil - . --... -.i.'- , , . ,• -1,rIIIIIIIA. ‘11',.....‘;•,_ ,._ L'-*le ,,. ' IL _ lig Illie.61P.--,,.....0e7Alle ..-• Ar14 Al' J r• A • 1..allriMr.- aft.-'M. ..... 5 STRATEGIC PLAN This UCFP requires participation from the entire Lake Oswego community to help achieve the City's overall vision for its urban forest. The Strategic Plan aims to increase operational efficiencies and encourage streamlined coordination between departments, , decisionmakers, and community members for a sustainable urban .. and community forestry program. While certain urban-forest-relatedh. actions are the responsibility of specific City departments, other �' 1 `" actions may require the involvement of different community partners r• to achieve the objectives for the City's urban forest. Everyone in the ' City has a role to play in making the Strategic Plan successful and for :' the Strategic Plan's vision to be realized. d' - , i g _ ,ed r'�.�� • VISION STATEMENT i _3P, ' r: • 17�-• 1 :3 -i YL: alik -wr Written comments from 468 respondents to a community survey ...r �: s { • \- '�.._ i suggested full vision statements, vision statement fragments, or ' .- `'.�l;t� , , , ;4 -4 ideas to consider describing their ideal vision for the City's urban t,. . .--• . . ,, . , forest for the 2024 UCFP. The community responses formed the ` ' y basis of the vision statement, which was then further refined by the '' = 1 - , =r .... UCFP's TAC and based on feedback received from Focus Group participants, Boards and Commissions and City Council. A Lake Oswego's urban forest is a sustainable ecosystem that harmoniously balances nature and urban life, is resilient to the effects of climate change, and is managed as an essential environmental, economic and cultural asset that contributes to the health and happiness of all members of our community. LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 83 GUIDING PRINCIPLES AND ACTIONS Table 5-1 presents the guiding principles of the UCFP Update, which set the tone for the UCFP's Strategic Plan and guide the City's implementation of the document in managing the City's urban forest. These five principles encompass feedback collected during the community engagement phase of the project and throughout the plan development process. Table 5-2 presents action items associated with the guiding principles, each with an estimated cost to achieve (each $ =-$25,000) and timeframe (short= <1 year, medium =1-5 years, and long =>5 years). Table 5-1. Guiding Principles of the Urban and Community Forestry Plan Update Guiding Principle Description A sufficiently funded urban The urban forest is cared for through sufficient financial investment and adequate staffing 1 forest resources. Trees are managed according to best management practices to improve the health, longevity, 2 A managed living asset safety, and functional capacity of the existing urban forest and to ensure that the future urban forest can reach its potential to provide the full range of environmental benefits and services. 3 An enhanced quality of life for The quality of life in the City is enhanced by the benefits and services provided by the urban all in Lake Oswego forest. The thriving urban forest is able to withstand and recover from impacts of climate A resilient urban forest that is change, such as storms, drought, heat, pests, and diseases, and contributes to reducing 4 postured to adapt to climate climate impacts, including mitigating urban heat islands, reducing carbon emissions, and change sequestering carbon. An urban forest that integrates with the urban needs of Trees are considered and prioritized in the beginning of the planning process to provide 5 a city to include housing, landscaped settings and habitat, maximize environmental benefits, and reduce infrastructure infrastructure, businesses, conflicts such as solar access, overhead utility lines, and sidewalks. schools, and transportation. 84 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE ' '1 i., • ..i41 . • • t ' • , .•''.. •,410' ( •: ,..y.• ••' •le . z r•• r (• !Pi, • .. .•••/' •f••••i '.-r r.t.ti)•;4?.• '.1 4' ;.11. . 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'-_i .•414‘:!:•:•1-i.• , ''. •:.-• : .!..,,,• ... ..,,,,, - • • ••..... m.• g : ',- •• 2:- - .• -44N, :---• ;-- f••••••"" •-•-..- --,-.7.°0-X '• , ."•-• .. • • ':., • ' .• . .71. .... . g . • - 1 - ' , 1• - -..•., •• 7!• 4..x-.1,•:::" • :•••-'.; .. •g• ...•4• .-\ s • s•V . • Ir. .• .. • , '.91.-4'S.'--.'7--• •••') '• .!•j:• '1:--•‘41.•P..x..•..%''....0'&...4.r::1:•.,1;.2•. '.•_ •• - *-. ". ,.1imp i.•'•, . ,.. k .. ••. .N'''-',••••••-••.. ...-''./.-"•itr,77..-.-- •.•• .. . . , Guiding Principle 1 A Sufficiently Funded Urban Forest Action Action Time Frame* Number Strategy: The urban forest is cared for through sufficient financial investment and adequate staffing resources Develop a budget proposal for consideration during the next regular budget cycle, la Short term based on the findings from the Urban and Community Forestry Plan (UCFP). Pursue Oregon Department of Agriculture (ODA) and Oregon Department of Forestry lb (ODF) grant funding to conduct a tree inventory, create a wood reuse program, and Short term prepare a pest action plan. Pursue tree planting opportunities through community volunteer events or lc collaborating with local organizations to reduce the cost of tree planting. Ongoing Develop a strategy to increase tree management funds because as the City's trees age they will require increased maintenance costs, and the looming arrival of invasive 1d Medium term pests such as emerald ash borer (Agrilus planipennis) and Mediterranean oak borer (Xyleborus monographus) will require costly removal or treatment programs. le Increase tree planting budgets to reflect tree planting goals for existing City plans Ongoing and documents. g g 86 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z 4 J d Action Action Time Frame* U Number 0 w Q a: Establish guidelines for utilizing the City's existing Tree Fund for tree planting, care, 0 1f and management, and a program to support tree giveaways to private property Short term owners. Increase funding for the Habitat Enhancement Program (HEP) to support and expand 1g ongoing restoration efforts through partnerships between qualified organizations and Ongoing private land owners. Note: * The time frame denotes the intended amount of time the action will need for completion. The time frame of each action can also be interpreted as a prioritization scale, as reflected in the Implementation Plan (Section 7). Short term =1-5 years; Medium term = 5-10 years; Long term=10+years. "Ongoing" actions are those that will need to be continuously implemented and do not necessarily have a term when they will be completed. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 87 Guiding Principle 2 A Managed Living Asset Action Action Time Frame* Number Strategy: Trees are managed according to best management practices to improve the health, longevity, safety, and functional capacity of the existing urban forest and to ensure that the future urban forest can reach its potential to provide the full range of environmental benefits and services. Create an updated GIS layer that delineates categories of developed ROW, 2a developed parks, undeveloped ROW, and City-owned natural areas to clarify the Short term inventory collection procedures. Complete a 100% inventory of trees in developed City rights-of-way (ROWs), 2b developed City parks, and City-owned and managed properties, and a 10% sample Short term inventory of trees in City-owned natural areas and unimproved ROWs. Update the City's tree inventories (2b) according to the recommended time 2c frame in Section 2, to ensure the City has accurate information on which to base Ongoing management decisions. Standardize establishment care period requirements for City-planted trees. Ensure consistency among all City departments. Create a notification system for adjacent 2d Short term property owners who will adopt maintenance responsibilities for City-planted trees after the 3-year establishment period. Collaborate with the Oswego Lake Watershed Council to continue training citizen scientists to collect tree inventory data voluntarily on private properties. Explore 2e mechanisms to analyze private property inventory data alongside City-managed tree Ongoing inventory data to understand overall health of the City's entire urban forest. 88 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Time Frame* U Number 3 w Q a! Conduct a hazardous tree survey to identify hazardous, dead, or otherwise tn 2f Medium term undesirable street trees and trees along public trails. 2g Establish a pruning cycle goal of five to seven years for all City-managed ROW trees. Long term Create a tree risk management program that includes risk assessments every 3 to 2h 5 years of City-managed trees and trees in directly managed City parks and City Medium term facilities. Prioritize the removal of hazard trees. Align tree practices, such as planting, establishment care, and pruning with ISA Best 2i Management Practices (BMPs) and American National Standards Institute (ANSI) Short term Standards. Ensure that guidelines are followed by City staff and its contractors. 2j Develop a tree replacement program for targeted ROWs. Medium term Implement a formative structural pruning program for young and newly planted trees 2k Medium term to mitigate potential tree structure and safety issues for trees in parks. 2m Prioritize planting large-stature trees where possible. Ongoing 2n Quantify acreage goals of invasive species removal in specific open space, parks, or Short term neighborhoods. Require mitigation trees to be planted for more tree removal permit types when 2o there are viable planting areas on site or allow payment into the Tree Fund if staff Short term determines there is insufficient space to replant. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 89 Action Action Time Frame* Number Limit topping permits to utility companies as much as possible and consider 2p Medium term replacing trees using "right tree, right place" concept. 2q Clarify ROW tree management responsibilities of City departments. Short term Conduct tree maintenance workshops targeted at contractors working in the City. 2r Ensure program follows ISA best management practices. Ongoing As part of the City's budgeting process, consider funding an urban forester position, 2s either through an on-call consultant or City staff position, to implement tasks within Medium term the strategic plan. 90 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE .•.,.,. . - •.. I-. ...' 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Ni, •- - - ..., jiir. litl.;-- • .. .1.:-•, .,--.- "...NI'• •:'17'...---'.:-_ _.• ...• J d• ''' ' • .\ Guiding Principle 3 Enhance the Quality of Life for all in Lake Oswego Action Action Time Frame* Number Strategy: The quality of life in Lake Oswego is enhanced by the benefits and services provided by the urban forest. 3a Continue to promote an urban forestry stewardship ethic in the community through Ongoing general education events. g g Conduct tree protection workshops targeted at builders, arborists, and other 3b contractors working in the City. Ongoing Maintain status as a Tree City USA and continue to celebrate Arbor Month as a key 3c public outreach period each year for education and encouraging stewardship of Ongoing trees in the City. 3d Continue to celebrate Heritage Trees and provide tree care assistance through the Ongoing Heritage Tree Preservation Grant Program. g g Update educational materials every 3 years to ensure information is aligned with 3e current arboricultural knowledge. Create new stewardship and educational materials Ongoing as needed to address emerging issues. Create a State of the Urban Forest report in conjunction with, or subsequent to, the effective shade analysis, which is generally completed within a year of when new LiDAR data becomes available to align with the availability of regional lidar 3f data and the City's effective shade/canopy cover analysis, resulting in consistent Ongoing measurement of the urban canopy. Communicate the findings to the community along with the importance of tree canopy and effective shade in lowering or stabilizing stream temperatures. 92 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Time Frame* U Number 0 w Q Identify additional incentives for homeowners and builders to preserve trees, to a: 1- 3g ensure that existing trees are given extensive thought in the planning process and Medium term integration into the development plan. 3h Establish an internship program to enhance the urban forestry workforce. Medium term Increase transparency of the tree removal permit process by tracking all applications 3i that are submitted (approved, denied, and withdrawn), as well as required mitigation. Short term Report tree removal permit data to the public annually. 3j Consolidate all tree removal information in one location for clarity. Short term Clearly describe if and when the City may provide tree care assistance to trees 3k on private property. Ensure that tree care limitations are consistent across City Short term departments. Create a tree debris utilization program to utilize debris from management activities and storm damage and to help encourage management activities to reduce fuel 31 Medium term loads, while also retaining carbon sequestration benefits and providing hyperlocal bioresources to the community. Target increasing tree canopy in areas identified in the 2021 Effective Shade Report 3m Medium term by providing education on the value of trees planted in these areas. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 93 Action Action Time Frame* Number Encourage tree planting in riparian areas by providing community education and outreach to connect planting native trees to creating wildlife corridors, stabilizing 3n stream temperatures for salmonids, and the importance to the region. Use the Lake Ongoing Oswego Effective Shade report as a reference. Provide guidelines for private property owners and developers including best 3o management practices for species selection, tree planting, and "right tree, right Ongoing place" to prioritize large-stature, mature trees to support maintaining canopy cover g g percentage. 94 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE • � • i fi. • • ' ■ g L - . • = '� ' ""; • • e ms • • f 4A a.�.: - .01.-,..� _ ._fr'?.. r iT� r t1• ,w_y ..,...„,...... ,...,..0....„4,1V-,...vick.,,t_.....i.?,....-i.--..,.,.!.P:.,...,.....7..c.4-1.e,.7..:.., . � • '\. fie.,-. fi ." y" ":` ,w� ` i-"56.201,• - '"t �, .rc. �:Y�� "''ate. 1 .''f!• 9. y 1.;: i' .c' vi4Lisit, -4'.-:.`.•r..n...:.....:ta.:%.-•'.:'•1..:.i.'..•,--i: " ,..:L: . r... 1 .mow .: ':;,• .r —�.� _ ..,.;c- ---x •• " I, s' r • • r y :. err',_ ,-" .•':4' ..rry.-e i 6^ L ve a"• r-. -_ " - .-. ` . - Aa 1," .F` -'IC": •- 4 "� _ i."..tip '•' r• • .. l .. T� ,. 6' .. 1 C ''�:•..•..i'a:-- '� •iy�.,.. 1 G. , ';..7n .1 - 1 yp j.. ' ' w` i �'' L 1 ~' r•fir' _-'. r } ..h ', •.;�]}^. ` ''Sr atrh Y:' ` i ': . ic ': . -•.1^• .:..� fir. 1 p�.:.V. O+n► F' f /'. '. 'ytyrx 'V- • „�` `f .4y�:•r I•. X•:.�. .?;''- �.�,� k -.t ~l ..' 2. • ' - •'=,.y,w .•, •. , ,. 4,.v ". ,Y-0,� ';!1s.`.: -^ i" '!k- *.Lh.•`-•' =nk •.• i tip_. • rim-- _ :. J►i- +• • _ ' '^ 7 E' ■rA 'i./r.`•,yr.`~ '" • 4'^ �•f fir- / n�C 0' 1` = ,� fir' - 5.. - ';. . : r - ,. N ,:_ .•V .,y , Z%-ter'. 5 . *' " i ti .K_ ,; j' i0 :',�jL..�, {S''' ,'fi�ee .X 'S.•' rc Z •Y.. Jti o • ' i `'•'4r:1 N,'.i?fi• T'., �y2.+'.}',:•'•:-a t'r . I'r..• .,� •. i' fi ` ;�a �: .T bG Sn .+" 5 n .o-�i 5 ` w $ . . yam:..; • .r • L �'` i !lL�r� ..': `' '��i.'v.r "1�'.'Y +/ � 1� .K'- :SCF.•� `r t Guiding Principle 4 A Resilient Urban Forest That Is Postured to Adapt for Climate Change Action Action Time Frame* Number Strategy: The thriving urban forest is resilient to storms, drought, heat, pests, and diseases and contributes to reducing climate impacts. Establish soil volume standards for street trees and parking lots. In areas where soil 4a volume standards cannot be met, use structural soils and other technologies like Medium term suspended pavement systems. 4b Ensure that age classes of trees are sufficiently distributed to ensure environmental Ongoing benefits continue by consistently planting trees every year. g g Implement a scouting program for invasive beetles, such as emerald ash borer and Mediterranean oak borer, to better prevent or intercept a pest that could cause 4c severe damage to the urban forest and to help inform state agency efforts to track Ongoing the movement of these pests. Periodically review the City-recommended tree species list and update it as 4d appropriate with the following attributes: climate resiliency or drought tolerance, Ongoing pest/disease susceptibility, allergen factor, water use, native status, root damage g g potential, and overstory or understory canopy layer. Require street tree planting for all new development and provide guidelines for 4e Medium term mitigation trees planted on site to maintain canopy cover. 96 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z 4 J a Action Action Time Frame* U Number cD w 4 a: Continue to use canopy cover as a success-measuring metric of urban forest goals, 1— tn 4f and target areas with low shade cover to increase equitable shade canopy. Consider Ongoing establishing a 55% canopy cover goal to maintain over time. Treat tree debris collected from storm damage or with known pests with Oregon 4g Department of Agriculture's guidelines prior to using as landscape mulch throughout Ongoing the City. Increase awareness of the Lake Oswego Fire Department's Wildland Urban Interface 4h Home Assessment Program to assist private property owners on ways to reduce fuel Ongoing loads and eliminate the fire's potential relationship with the house. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 97 Guiding Principle 5 An Urban Forest Integrates with the Urban Needs of a City to Include Housing, Infrastructure, Businesses, Schools, and Transportation Action Action Time Frame* Number Strategy: Trees are considered and prioritized in the beginning of the planning process to provide landscaped settings and habitat, maximize environmental benefits, and reduce infrastructure conflicts. Update Lake Oswego Code (LOC) Chapters 50 and 55 per recommendations in 5a Section 4 of the UCFP to be in compliance with Oregon State Regulations to apply Short term clear and objective standards to applications involving housing. 5b Update the Comprehensive Plan's Healthy Ecosystems chapter as described in Medium term Section 4. 5c Update the TMDL Implementation Plan as described in Section 4. Medium term 5d Update the 2020 Sustainability and Climate Action Plan as described in Sections 4. Medium term Consider including analyses and recommendations in future Effective Shade Reports 5e Medium term as described in Section 4. 5f Update the 2022 Stormwater Management Plan as described in Section 4. Medium term 98 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Time Frame* U Number cD w Q Encourage regular meetings between Planning, Parks & Recreation, and Public ce 1- 5g Works Departments to ensure work activities are effectively coordinated and Short term operating as intended. 5h Clarify tree protection policies in sensitive areas such as riparian zones. Short term Strive to ensure tree planting exceeds tree removal performed by all City 5i departments each year. Ongoing A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 99 6 IMPLEMENTATION PLAN Z Q IMPLEMENTATION PLAN 0 The Implementation Plan assigns all Strategic Plan actions a timeline, responsible party and or department(s), recommended partners, and the estimated budget to accomplish the work. 2 ONGOING ACTIONS 2 Action Action Responsible Party Recommended - No. Partner(s) Strive to ensure tree planting exceeds tree removal 5i performed by all City departments each year. Parks, PW Planning $$ Create a State of the Urban Forest report in conjunction with, or subsequent to, the effective shade analysis, which is generally completed within a year of when new LiDAR data becomes available to align with the availability of regional lidar data and 3f the City's effective shade/canopy cover analysis, Planning Parks, PW, GIS $$$$ resulting in consistent measurement of the urban canopy. Communicate the findings to the community along with the importance of tree canopy and effective shade in lowering or stabilizing stream temperatures. Increase tree planting budgets to reflect tree planting le City Parks, PW $$$$ goals for existing City plans and documents. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 101 Action Action Responsible Party Recommended Cost No. Partner(s) Pursue tree planting opportunities through community volunteer events or collaborating PW, Planning, 1c Parks Watershed $$$$ with local organizations to reduce the cost of tree planting. Councils, FOT Implement a scouting program for invasive beetles, such as emerald ash borer and Mediterranean oak borer, to better prevent or intercept a pest that could Planning, 4c cause severe damage to the urban forest and to help Parks OLWC, PW, City $$ inform state agency efforts to track the movement of these pests. Update the City's tree inventories (2b) according to 2c the recommended time frame in Section 2, to PW Planning, Parks $$$$ ensure the City has accurate information on which to base management decisions. Increase funding for the Habitat Enhancement Program (HEP) to support and expand ongoing Parks, 1g City Watershed $$$$ restoration efforts through partnerships between qualified organizations and private land owners. Councils 102 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Responsible Party Recommended Cost z No. Partner(s) O Q Collaborate with the Oswego Lake Watershed Z Council to continue training citizen scientists to g collect tree inventory data voluntarily on private Watershed a 2e properties. Explore mechanisms to analyze private Planning Councils, PW, $$ 2 property inventory data alongside City-managed tree Parks inventory data to understand overall health of the City's entire urban forest. 2m Prioritize planting large-stature trees where possible. PW, Planning, Parks -- $ Conduct tree maintenance workshops targeted at 2r contractors working in the City. Ensure program Planning PW, Parks $ follows ISA best management practices. Continue to promote an urban forestry stewardship 3a ethic in the community through general education Planning Parks $ events. Conduct tree protection workshops targeted at 3b builders, arborists, and other contractors working in Planning PW, Parks $ the City. Maintain status as a Tree City USA and continue to celebrate Arbor Month as a key public outreach 3c Parks City $ period each year for education and encouraging stewardship of trees in the City. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 103 Action Action Responsible Party Recommended Cost No. Partner(s) Continue to celebrate Heritage Trees and provide 3d tree care assistance through the Heritage Tree Planning City $ Preservation Grant Program. Update educational materials every 3 years to ensure information is aligned with current arboricultural 3e knowledge. Create new stewardship and educational Parks Planning, PW $$ materials as needed to address emerging issues. Encourage tree planting in riparian areas by providing community education and outreach to connect PW, Planning, planting native trees to creating wildlife corridors, 3n Parks Watershed $ stabilizing stream temperatures for salmonids, and the importance to the region. Use the Lake Oswego Councils Effective Shade report as a reference. Provide guidelines for private property owners and developers including best management practices 3o for species selection, tree planting, and "right tree, Planning -- $$ right place" to prioritize large-stature, mature trees to support maintaining canopy cover percentage. Ensure that age classes of trees are sufficiently 4b distributed to ensure environmental benefits continue Parks, PW -- $$ by consistently planting trees every year. 104 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Responsible Party Recommended Cost z No. Partner(s) O Q Continue to use canopy cover as a success- Z measuring metric of urban forest goals, and target g 4f areas with low shade cover to increase equitable Planning Parks, PW, GIS $$ w shade canopy. Consider establishing a canopy cover 2 goal to maintain over time. Increase awareness of the Lake Oswego Fire Department's Wildland Urban Interface Home Fire 4h Assessment Program to assist private property Planning $ Department owners on ways to reduce fuel loads and eliminate the fire's potential relationship with the house. Treat tree debris collected from storm damage or with known pests with Oregon Department of 4g Agriculture's guidelines prior to using as landscape PW, Parks $$ mulch throughout the City. Periodically review the City-recommended tree species list and update it as appropriate with the following attributes: climate resiliency or drought 4d PW, Parks Planning $ tolerance, pest/disease susceptibility, allergen factor, water use, native status, root damage potential, and overstory or understory canopy layer. Notes: PW= Public Works; Parks= Parks& Recreation; City=City council action required; FOT= Friends of Trees Costs: $ Low(0—$25,000); $$ Medium ($25,000—$50,000); $$$ High ($50,000—$100,000); $$$$Very High (>$100,000) A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 105 SHORT-TERM ACTIONS: 1 TO 5 YEARS Action Action Resp• Recomm- No. Partner Clarify ROW tree management responsibilities of City 2q Planning, PW, Parks City $ departments. Develop a budget proposal for consideration during la the next regular budget cycle, based on the findings Planning PW, Parks $ from the Urban and Community Forestry Plan (UCFP). Create an updated GIS layer that delineates 2a categories of developed ROW, developed parks, GIS Parks, PW, undeveloped ROW, and City-owned natural areas to Planning clarify the inventory collection procedures. Complete a 100% inventory of trees in developed City rights-of-way (ROWs), developed City parks, and City- Parks, Planning, 2b owned and managed properties, and a 10% sample PW GIS $$$$ inventory of trees in City-owned natural areas and unimproved ROWs. Standardize establishment care period requirements for City-planted trees. Ensure consistency among all City departments. Create a notification system 2d PW Parks, Planning $ for adjacent property owners who will adopt maintenance responsibilities for City-planted trees after the 3-year establishment period. 106 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Responsible Party Recommended Cost z No. Partner(s) 0 Q Require mitigation trees to be planted for more tree Z removal permit types when there are viable planting g 2o Planning -- $ w areas on site or allow payment into the Tree Fund if J staff determines there is insufficient space to replant. 2 Pursue Oregon Department of Agriculture (ODA) and Oregon Department of Forestry (ODF) grant funding lb PW, Parks Planning $ to conduct a tree inventory, create a wood reuse program, and prepare a pest action plan. Align tree practices, such as planting, establishment care, and pruning with ISA BMP Best Management 2i Practices (BMPs) and American National Standards PW Parks, Planning $$ Institute (ANSI) Standards. Ensure that guidelines are followed by City staff and its contractors. Establish guidelines for utilizing the City's existing Parks, PW, Tree Fund for tree planting, care, and maintenance, 1f Planning Watershed $ and a program to support tree giveaways to private property owners. Councils Consolidate all tree removal information in one 3j Planning -- $ location for clarity. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 107 Action Action Responsible Party Recommended Cost No. Partner(s) Clearly describe if and when the City may provide tree care assistance to trees on private property. 3k Ensure that tree care limitations are consistent across Planning, PW, Parks -- $ City departments. Clarify tree protection policies in sensitive areas such 5h Planning Parks, PW $ as riparian zones. Quantify acreage goals of invasive species removal in Parks, PW, 2n Planning Watershed $ specific open space, parks, or neighborhoods. Councils Increase transparency of the tree removal permit process by tracking all applications that are 3i submitted (approved, denied, and withdrawn), as well Planning -- $ as required mitigation. Update Lake Oswego Code (LOC) Chapters 50 and 55 per recommendations in Section 4 of the UCFP to 5a be in compliance with Oregon State Regulations to Planning -- $$$$ apply clear and objective standards to applications involving housing. Encourage regular meetings between Planning, Parks & Recreation, and Public Works Departments to 5g ensure work activities are effectively coordinated and Parks, Planning, PW -- $ operating as intended. Notes: PW= Public Works; Parks= Parks& Recreation; City=City council action required; Costs: $ Low(0—$25,000); $$ Medium ($25,000—$50,000); $$$ High ($50,000—$100,000); $$$$Very High (>$100,000) 108 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE .L ti S 41 • I f; . • f..1 1. • - ► ,�- . •�f • • , _ , t .. 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C. ,•.'i�• } y, •rr• _ r `ems •,S`. •e - ` 1. -.i• �,i`i'=. iii • .lif • ,, ---„, - -4-....q.-:-.-. ..11'Pror, •...,....1..,e, • •.. or .... . .•*- - ..• ' I:z.:7.ti--:::.:,•.4- • y ti i. .,. 4 y,. I �� r .¢ tom; •r .,• rill„' ef .r -• .. ^ C ■. _ - 4F •".5 4:'-^r ti +- •• r • r T ,; .+\ .Y - Jcr; yes.,' ; ,`;y,r` ` :` +' F 7 �f i4 -, r J7 -v ., �y '- �yo,,.+� •. .A + -,'L.� - .'74 r-' •tL�'7' � - , ^ �• ��� • �•J 0. --.f`•1 ••• -]•••• • � �rC ti, r.• Jk._ Wit.i. _ • s r sires"'ti�+ �.. iaY.• 1 •y+ f ,' . .f •4'S�1 ¢ Y �- • r �,Ff} . • • A r • 1 4 . ate.. ' ','' i � f�. 'ij4 _17 ,L• - _y + .t,! -`.. 4 , • •=Jr- . - ' } t_ +• ' - th ' • ' • Fes?.-. 7, .1 ..Y .1: ii. r, . 4 try • r7 ram' �. r Y • �'• r' s: J .} - w� ,i. / - ''"ti • F {. !�r _ •�i o ,i I - r __ -• _ ,Y r' yr , , MEDIUM-TERM ACTIONS: 5 TO 10 YEARS Action Action Responsible Party Recommended Cost No. Partner(s) Conduct a hazardous tree survey to identify 2f hazardous, dead, or otherwise undesirable street PW, Parks Planning $$$$ trees and along public trails. Limit topping permits to utility companies as much 2p as possible and consider replacing trees using "right Planning -- $ tree, right place" concept. Create a tree risk management program that includes risk assessments every 3 to 5 years of City-managed 2h PW Parks $$$$ trees and trees in directly managed parks and City facilities. 2j Develop a tree replacement program for targeted PW Parks $$$$ ROWs. Implement a formative structural pruning program for 2k young and newly planted trees to mitigate potential Parks -- $$$$ tree structure and safety issues for trees in parks. Identify additional incentives for homeowners and builders to preserve trees, to ensure that existing 3g trees are given extensive thought in the planning Planning -- $ process and integration into the development plan. 110 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J a Action Action Responsible Party Recommended Cost z No. Partner(s) 0 Q Develop a strategy to increase tree management Z w funds because as the City's trees age they will require g w increased maintenance costs, and the looming arrival a 1d of invasive pests such as emerald ash borer (Agrilus Parks, Planning, PW City $ 2 planipennis) and Mediterranean oak borer (Xyleborus monographus) will require costly removal or treatment programs. As part of the City's budgeting process, consider 2s funding an urban forester position, either through an Parks Planning $$$$ on-call consultant or City staff position, to implement tasks within the strategic plan. Establish an internship program to enhance the urban Planning, PW, 3h Parks Watershed $$$$ forestry workforce. Councils Create a tree debris utilization program that helps Parks, 31 retain carbon sequestration benefits and provides PW Watershed $$$$ hyperlocal bioresources to the community. Councils Target increasing tree canopy in areas identified 3m in the 2021 Effective Shade Report by providing PW Planning, Parks $$$$ education on the value of trees planted in these areas. A LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 111 Action Action Responsible Party Recommended Cost No. Partner(s) Establish soil volume standards for street trees and parking lots. In areas where soil volume standards 4a PW Planning $$ cannot be met, use structural soils and other technologies like suspended pavement systems. Require street tree planting for all new development 4e and provide guidelines for mitigation trees planted on Planning -- $ site to maintain canopy cover. Update the Comprehensive Plan's Healthy 5b Planning City $$ Ecosystems chapter as described in Section 4. Update the TMDL Implementation Plan as described 5c in Section 4. PW City $$ Update the 2020 Sustainability and Climate Action 5d City Manager's Office City $$ Plan as described in Sections 4. Consider including analyses and recommendations 5e in future Effective Shade Reports as described in Planning Parks $ Section 4. Update the 2022 Stormwater Management Plan as 5f described in Section 4. PW City $$ Notes: PW= Public Works; Parks= Parks& Recreation;City=City council action required; Costs: $ Low(0—$25,000); $$ Medium ($25,000—$50,000); $$$ High ($50,000—$100,000); $$$$Very High (>$100,000) 112 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE z Q J A LONG-TERM ACTIONS: 10-PLUS YEARS a z O Action A ction Responsible Party Recommended Q ir No. Partner(s) wz Establish a pruning cycle goal of 5-7 years for all w 2g PW Parks $$$$ City-managed ROW trees. Notes: PW= Public Works; Parks= Parks& Recreation; City=City council action required; Costs: $ Low(0-$25,000); $$ Medium ($25,000-$50,000); $$$ High ($50,000-$100,000); $$$$Very High (>$100,000) PAN ' .c-•- - — _ter- _‘ „Aly a , . _ . - t _ ,�` • LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 113 7 MONITORING PLAN Z MONITORING PLAN Q J d An Urban and Community Forestry Plan is intended to be a living document, that is continually reviewed and updated to meet the emerging Z Fe priorities of the City and challenges it faces, such as shifting environmental or economic conditions. The monitoring plan for the UCFP utilizes p the Community Assessment and Goal-Setting tool (Assessment tool) developed by the Vibrant Cities Lab to measure progress towards ~ Z a sustainable urban forest. The initial evaluation (as pictured below) was completed by City staff and the Consultant team in March 2024. 0 The assessment tool includes 28 questions related to various aspects of urban forest sustainability and asks the user to select the current state and goal state. The current and goal state each have a numerical value and the difference between them is referred to as the "Gap" to sustainability. This tool gives the City a quantifiable method to track progress and reflect improvements in urban forest program efforts. Even though Lake Oswego scored perfect in ten categories and has a higher than the average score compared to other cities, the City should strive to continually improve and should retake the Assessment tool every two years to measure progress towards the sustainability indicators. The full Assessment taken by City staff can be found in Appendix D. FINAL SCORECARD TOTAL CURRENT TOTAL GOAL SCORE GAP COMMUNITY ASSESSMENT & GOAL-SETTING 60 109 49 Section Current Goal Measure Your Current Tree Canopy and Set Goals 4 4 Urban Forest Inventory and Assessment 5 8 Know What's Happening to Trees in Your Community 9 12 Urban Forest Characteristics 3 8 Engaging Peers and Residents in Process 11 16 Creating Essential, Effective Public/Private Partnerships 7 11 Resource Management: Planning 3 12 Resource Management: Implementation 13 24 Resource Management: Monitoring and Maintenance 5 14 LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 115 REFERENCES REFERENCES CITED Andrus, R. A., Chai, R. K., Harvey, B. J., Rodman, K. C., and Veblen, T. T. (2021). "Increasing Rates of Subalpine Tree Mortality Linked to Warmer and Drier Summers." Journal of Ecology, 109(5): 2203-2218. Ball, J., S. Mason, A. Kiesz, D. McCormick, and C. Brown. 2007. "Assessing the Hazard of Emerald Ash Borter and Other Exotic Stressors to Community Forests." Arboriculture & Urban Forestry 33(5): 350-359. Bassuk, N. and Sutton, M. 2012. "Moving Beyond the Natives/Exotics Debate." Urban Habitats 7: March 2012. Chang, M., L. Erikson, K. Araujo, E.N. Asinas, S. Chisholm Hatfield, L.G. Crozier, E. Fleishman, C.S. Greene, E.E. Grossman, C. Luce, J. Paudel, K. Rajagopalan, E. Rasmussen, C. Raymond, J.J. Reyes, and V. Shandas. 2023. Chapter 27, Northwest. In Fifth National Climate Assessment. Crimmins, A.R., C.W. Avery, D.R. Easterling, K.E. Kunkel, B.C. Stewart, and T.K. Maycock, eds. U.S. Global Change Research Program, Washington, DC, USA. https://doi.org/10.7930/NCA5.2023.CH27. City of Lake Oswego. 2007. Lake Oswego Urban and Community Forestry Plan. Accessed online at: https://www.ci.oswego.or.us/sites/default/ files/fileattachments/planning/webpage/12279/urban_forestry_plan_dec07.pdf. City of Lake Oswego. 2009. Lake Oswego's State of the Urban Forest Report. Accessed December 21, 2023. https://www.ci.oswego.or.us/ sites/default/files/fileattachments/planning/webpage/12279/state_of_the_urban_forest_report jun09.pdf City of Lake Oswego. 2018. TMDL Implementation Plan 2019-2023. October 31, 2018. Accessed December 21, 2022. https://www.ci.oswego. or.us/WebLink/DocView.aspx?id=1585301&repo=CityOfLakeOswego&cr=1. City of Lake Oswego. 2021. Effective Shade Report. Prepared for Lake Oswego Parks and Recreation. Portland, Oregon: AECOM. December 2022. Accessed December 21, 2023. https://www.ci.oswego.or.us/sites/default/files/fileattachments/Effective%20Shade%20Report%20 with%20Appendix%20-%20Dec%202021.pdf. LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE I 117 City of Lake Oswego. 2022a. State of the Urban Forest Report. December 2022. Accessed December 21, 2023. https://www.ci.oswego.or.us/ WebLink/DocView.aspx?id=2169481&repo=CityOfLakeOswego&cr=1. City of Lake Oswego. 2022b. Natural Areas Habitat Management Plan. December 2022. Accessed December 21, 2023. https://www.ci.oswego.or.us/sites/default/files/fileattachments/LO_NatAreas_HMP_12.09.2022.pdf. City of Lake Oswego. 2023a. "A Brief History of Our City..." Accessed December 12, 2023. https://www.ci.oswego.or.us/library/brief-history- our-city. City of Lake Oswego. 2023b. "Invasive Tree Species." City of Lake Oswego Planning & Building Department. Accessed December 20, 2023. https://www.ci.oswego.or.us/sites/default/files/fileattachments/trees/webpage/24966/attachment 5 invasive tree species id guide_ lowres_11-3-11.pdf. Donovan, G. H., J. P. Prestemon, D. Gatziolis, Y. L. Michael, A. R. Kaminski, and P. Dadvand. 2022. "The Association Between Tree Planting and Mortality: A Natural Experiment and Cost-Benefit Analysis." Environment International 170, 2022, 107609. https://www.sciencedirect. com/science/article/pii/S0160412022005360?via%3Dihub. Insight, Columbia. 2022. "The Forest Service is Experimenting with Relocating Tree Species to Save Them from Climate Change." Investigate West. Accessed December 21, 2023. https://www.invw.org/2022/09/15/the-forest-service-is-experimenting-with-relocating-tree- species-to-save-them-from-climate-change/. Kardan, O., P. Gozdyra, B. Misic, F. Moola, L. J. Palmer, T. Paus, and M. G. Berman. 2015. "Neighborhood Greenspace and Health in a Large Urban Center." Scientific Reports 5, 11610. https://doi.org/10.1038/srep11610. Kuo, S.C. 2020. "Racial Diversity in Early Oswego: African Americans and Native Americans." Lake Oswego Preservation Society. November 10, 2020. Accessed November 12, 2023. https://lakeoswegopreservationsociety.org/racial-diversity-in-early-oswego-african- americans-native-americans/. 118 I LAKE OSWEGO URBAN &COMMUNITY FORESTRY PLAN UPDATE Leahy, I. 2017. "Why We No Longer Recommend a 40 Percent Urban Tree Canopy Goal." American Forests. January 12, 2027. Accessed December 21, 2023. https://www.americanforests.org/article/why-we-no-longer-recommend-a-40-percent-urban-tree-canopy-goal/. Lesh, J. 2019. Woody Weeds of Clackamas County. WeedWise Program, Clackamas Soil and Water Conservation District. Oregon City, Oregon. Accessed December 20, 2023. https://weedwise.conservationdistrict.org/wp-content/uploads/sites/2/2019/06/Woody- Weeds-of-Clackamas-County-web-8.5.pdf. McBride, J.R., & Lacan, I. (2018). The impact of climate-change induced temperature increases on the suitability of street tree species in California (USA) cities. Urban Forestry& Urban Greening. Miller, R.H., and R.W. Miller. 1991. "Planting Survival of Selected Tree Taxa." Journal of Arboriculture 17(7): 185-191. Morgenroth, J. et al. "DBH Distributions in America's Urban Forests —An Overview of Structural Diversity." Forests,vol. 11, no. 2, February 2020. https://www.fs.usda.gov/nrs/pubs/jrnl/2020/nrs_2020_morgenroth_001.pdf Nowak, D. J., R. A. Rowntree, E. G. 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In Reducing Urban Heat Islands: Compendium of Strategies. Draft. Accessed December 21, 2023. https://www.epa.gov/sites/default/files/2017-05/documents/reducing_urban_heat_islands_ch_6. pdf. Washington DNR 2019. The State of Washington Urban Forest Pest Readiness Playbook. October 2019. Accessed December 21, 2023. https:// invasivespecies.wa.gov/wp-content/uploads/2020/01/UrbanForestPestReadinessPlaybook.pdf. Wolf, K. L. 2020. "City Trees And Property Values." Arborist News 16(4): 34-36. Wolf, K. L., S. T. Lam, J. K. McKeen, G. Richardson, M. Van Den Bosch, and A. C. Bardekjian. 2020. "Urban Trees and Human Health: A Scoping Review." International Journal of Environmental Research and Public Health 17(12): 4371. U.S. Bureau of Labor Statistics. 2024. 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Table of Contents SECTION PAGE NO. 1 Introduction 1 2 Outreach Events 3 2.1 Results 3 3 Focus Groups 9 3.1 Results 10 4 Online Survey 13 4.1 Results 13 5 Key Findings and Recommendations 19 TABLES 1 Where Do We Need More Trees Board Results 3 2 What Do You Love Most About Trees Board Results 4 3 What Threats to Trees are You Most Concerned About Board Results 5 4 Community Brainstorming Activity Responses 6 5 Focus Group Participant Groups 9 6 Percentage of Survey Respondents Who Live or Work in Lake Oswego 13 7 Demographics of Survey Respondents Compared to Demographics of the City of Lake Oswego 14 EXHIBITS A Where Do We Need More Trees? Board Results 3 B What Do You Love Most About Trees Board Results 4 C What Threats to Trees Are You Most Concerned About? 5 D Outreach Event at the Lake Oswego Farmers Market. 7 E Level of Agreement with Tree Code 16 F Type of Tree Permit 17 G Responses for Permit Interaction 17 H Highest Priority Benefit that Trees Provide 18 I Threats to Trees within your Neighborhood 18 APPENDIX A Complete Survey Results D U D E K 15267 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO INTENTIONALLY LEFT BLANK D U D E K 15267 SEPTEMBER 2023 ii 1 Introduction Meaningful community engagement is essential to developing a UCFP that reflects the goals, needs, and priorities of the entire City's community. During the UCFP development process,the City and the consultant team conducted community engagement activities to better understand the views community members hold about trees in Lake Oswego and how these perceptions affect the City's urban forest. A series of in-person and virtual outreach events helped determine the core values in Lake Oswego. The engagement strategy included the following activities: • Public tree survey that was circulated online and in-person (582 responses) • Tabling booth at the Luscher Farm's Pollinator Celebration event with education materials, interactive boards, and other urban forestry resources • Tabling booth at the Lake Oswego Farmers Market with similar educational materials, interactive boards, and resources • Online outreach through the City's social media channels and networks (Website, E-newsletter, social media, and Next Door) • Eight Focus Group meetings consisting of community members, commission members, nonprofits, and other interested parties to understand local priorities and concerns about the urban forest l> Y t 4.4 y.�4 - V.',, & RECR�.aT1� - -_ mtf . room, --M, '% NA, ..... me , m..„..‘, I y .;.-.,._:.t.,-- --" ' •a'' -1'' —*.itV ,-'.4‘4A1-kr. TrAts'"N.. '.. =it-Airircrki - '11— :;:vi x D U D E K 15267 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO INTENTIONALLY LEFT BLANK D U D E K 15267 2 SEPTEMBER 2023 2 Outreach Events The planning team hosted two community outreach events for the Urban and Community Forestry Plan update.The first event was held at the Luscher Farm's Pollinator Celebration event on June 22nd, 2023. This event included various educational booths, kids' activities, and live music. Approximately 100 community members were reached and discussed the benefits of trees, where tress should be planted, the biggest threats to trees, and their desires for the future of the urban forest. The second outreach event was held on August 12th, 2023, at the Lake Oswego Farmers Market, located at Millenium Plaza City Park. Approximately 150 community members were reached at this event. Both events used multiple interactive boards and open dialogue to gain insight into community values and beliefs surrounding the urban forest in Lake Oswego. Many individuals provided personal experiences involving the tree code, their frustrations with tree removal permits, or why they appreciate the urban forest. Results from both events were combined and discussed in the following section. 2. 1 Results Where do we need more trees? The first activity instructed participants to place a pin on the category where Lake Oswego needed more trees (Table 1, Exhibit A). Of the total responses, the top three categories were schools (15.9%), parking lots (14%), and a tie between apartment communities and biking/walking paths(12.2%each).Additional options were included on post it notes by participants,including"all of the above",disadvantaged communities,and along I-5.One participant mentioned that Lake Oswego did not need anymore trees. Table 1. Where Do We Need More Exhibit A.Where Do We Need More Trees? Trees Board Results Board Results # of lwiersmammiw Category Responses Percentage Schools 26 15.9% Parking Lots 23 14% gMERENOWE NEED MOPE TREES? Apartment 20 12.2% Communities Biking& 20 12.2% - " . Walking Paths 3 _. "„ ." 1). • • I Sidewalks 19 11.6% -) . Front& Back 17 10.4% "°" Yards Retail Areas 14 8.5% I R Parks 14 8.5% IP " Transit Stops 11 6.7% ® ,,,� Total 164 100% 111 V15. MI III DU D E K 15267 3 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO What Do You Love Most about Trees? The second activity instructed participants to place a pin on a board of what they love most about trees (Table 2, Exhibit B). Of the total responses, the top three categories included a tie between wildlife habitat and cleaner air (21.6%), and shade (18.3%). Additional options were included on post it notes by participants including five participants said, "all of the above," cooling, and climbing. Table 2. What Do You Love Most Exhibit B.What Do You Love Most About Trees about Trees Board Results Board Results # of Category Responses Percentage - " Wildlife Habitat 33 21.6% Cleaner Air 33 21.6% Shade 28 18.3% MT no TO LOVE MOST ABOUT TOWS? Beauty 17 11.1% c:'hwB Alh • =, Healthier 16 10.5% Communities �^ P • " Rainwater 10 6.5% Capture " 4 W.AD Food 6 3.9% Connecting 5 3.3% h,w„ with Neighbors . ` NFHINIEN • • � CONNNNIIli3 Energy savings 5 3.3% �y ` • E� tiWWIEJ Total 153 100% CNIIhECIM . WI TOVIA160AC r D U D E K 15267 4 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO What Threats to Trees are You Most Concerned About? The third activity instructed participants to place a pin on which threat to trees are the most concerning in Lake Oswego (Table 3, Exhibit C). Of the total responses, the top three categories were removal for property development(25.9%), increased temperature (15.5%), and wildfire (13.8%). Exhibit C.What Threats to Trees Are You Most Concerned About Board Results Table 3. What Threats to Trees are You Most Concerned About . Board Results WKATTHREATS TO TREES ARE YOU MOST CONCERNED ABOUT? # of Category Responses Percentage Removal for 45 25.9% , 7:1 I Property i164 . .s.F "" )!. . Development =' 6H1 ' Increased 27 15.5% "' .) • Temperature ``v ^ `' Wildfire 24 13.8% � rr � �j Drought 23 13.2% ° ,� [O EAN w, 6.� Invasive Plant 23 13.2% �r Species .11 Pests& 17 9.8% Disease ` "' Ice Storms 15 8.6%Total 174 100% D U D E K 15267 5 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Community Brainstorming Participants were asked a series of questions about tree management, planting, maintenance, and the role of the City with tree protection. Participants wrote responses on post-its and added them to a poster board (Exhibit D). A summary of responses is presented in Table 4. Responses mentioned by more than one participant are denoted with a parenthesis. Table 4. Community Brainstorming Activity Responses If you have trees on How can he help How can we plant more your property, how do preserve, maintain, What role should the trees on non-City- you provide care and and protect tees in City play in protecting owned property? maintenance for them? Lake Oswego? the urban forest? • Provide education on • Trim trees as they • Make the process to • Have a minimum the importance of grow close to removing requirement for the trees for carbon buildings(3) "dangerous"trees number of trees per capture • Deep water during easier acre • Replace tree as dry spells (6) • Limit developer • Provide tax breaks for needed and thin for • Eliminate invasives funding of council people with a high view corridors like ivy campaigns percentage of tree • Work with Friends of • Utilize arborists for • Revise the building cover on of their land Trees consultation (3) code to enforce tree and tax increases for • Preserve the natural • Utilize mulch and protection those who have a low beauty while also compost • Provide education on percentage of tree optimizing fire safety • Proper irrigation the benefits of trees, cover • Work with the systems (2) proper tree care, and • Utilize shade Oswego Lake • Utilize City run debris backyard habitats(6) producing trees in Watershed Council to drop off after ice • Improve replacement reach out to property storms management of • Understand the owners about • Plant low water existing trees ecological impacts of planting trees(2) plants when irrigation • Remove vegetation tree removal • Tree-related systems are not that poses fire risk including erosion and incentives at feasible • Offer incentives for other watershed community events homeowners and impacts • Work with Oregon developers to save • Prioritize protection Dept. of mature trees(2) of old-growth trees Transportation to • Build developments that sequester more plant trees along around trees to limit carbon transportation clear cuts (2) • Place trees in parks, corridors • Encourage public areas, and • Work with underground utilities commercial strips neighborhood • Make it harder and • Utilize effective associations to more expensive to planning and survey homeowners cut down trees landscaping code who have room for • Incentivize mitigation requirements additional trees, and requirements related • Provide education on pick from an to tree removal tree maintenance approved tree list and care (4) with assistance from the City on planting and maintenance D U D E K 15267 6 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Table 4. Community Brainstorming Activity Responses If you have trees on How can he help How can we plant more your property, how do preserve, maintain, What role should the trees on non-City- you provide care and and protect tees in City play in protecting owned property? maintenance for them? Lake Oswego? the urban forest? ■ Provide a free native • Update the tree program with development code to incentives sponsored incorporate tree by the City and preservation with connect people with development(3) volunteers to teach • Ensure proper tree maintenance (3) amounts of water and nutrients are provided to trees • Recommend appropriate trees for specific locations • Control and eliminate invasives Exhibit D. Outreach Event at the Lake Oswego Farmers Market. a it `� � d� fgT_7� I s` O®C1L a® . j_. . a T = ciao, _ s _.,... _ t ad _ , ( $ `'sat 4-1 an linew ,_IL_•=- Vi c -_ - ; 1 t Vile kii D U D E K 15267 7 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO INTENTIONALLY LEFT BLANK D U D E K 15267 8 SEPTEMBER 2023 3 Focus Groups Eight focus group sessions were held between July 2Oth and August 1st, 2023, to elicit meaningful discussion and feedback from identified participant groups on the Lake Oswego UCFP update. The focus groups were organized into themed interest groups to better understand community organizations and agencies' opinions, perceptions, and considerations about the City's urban forest(Table 5). Each virtual meeting lasted approximately one hour and began with a short presentation introducing the UCF. The majority of each Focus Group session was spent collaborating on a Strengths, Weaknesses, Opportunities, and Threats (SWOT) exercise about the urban forest. Strengths and weaknesses reflected what was within the City's control,whereas opportunities and threats reflected external forces affecting the urban forest. Participants shared their thoughts verbally and in the Zoom meeting chat, and their comments were transcribed and tabulated for further analysis. To spur conversation, participants were prompted to consider the following questions in advance of the Focus Group session: • What role do you believe the City should play in protecting the urban forest? • How can we help preserve, maintain, and protect trees in Lake Oswego? • How can we plant more trees on non-City-owned property? Table 5. Focus Group Participant Groups Focus Group #/ Theme Participant groups 1-City Council/Commissions • City Councilors • Planning Commission Members • Development Review Commission Members 2-Arborists, Fire, &WUI • Local arborists • Firewise programs • Oregon State Fire Marshall Offices • Oregon Dept of Forestry • PGE Forester 3-Sustainability • Sustainability Advisory Board Members • Lake Oswego Sustainability Network 4-Neighborhoods • Neighborhood Chairs committee • Lake Oswego Neighborhood Associations • Homeowners Associations(Lake Corporation, Mountain Park, etc.) 5-Neighborhoods • Neighborhood Chairs committee • Lake Oswego Neighborhood Associations • Homeowners Associations (Lake Corporation, Mountain Park, etc.) 6-Natural environment • Backyard Habitat Program (Friends of Tryon Creek) • Lake Oswego Friends Groups(Parks Volunteers) • Watershed Councils (Oswego Lake WC,Tryon Creek WC,Tualatin River WC, Willamette Riverkeepers) 7-Parks& Education • Urban Forest committees • Schools/youth green teams • Parks and Natural Resources Advisory Board Members 8-Business and development • Businesses(Lake Oswego Chamber of Commerce, Lake Grove Business Association) D U D E K 15267 9 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Table 5. Focus Group Participant Groups Focus Group #/ Theme Participant groups ■ Building Industry(Home Builders Association-Metro Portland, and HBA local members) 3.1 Results Among the eight Focus Group sessions, 214 comments were recorded, and 25 of these comments were repeated by multiple focus groups. This section includes a summary of the comments that were discussed across all focus groups, and are categorized by the strengths, opportunities, weaknesses, and threats of the City's urban forest. In addition, specific themes that were repeatedly heard in multiple focus groups are highlighted, and the groups that mentioned the comments are included in parentheticals. Strengths All groups mentioned that the Lake Oswego community loves trees. Community members are involved in canopy preservation and believe it is important to maintain a healthy tree stock and canopy cover. Many groups mentioned the strengths of the Oswego Lake Watershed Council and Lake Oswego Sustainability Network, and associated community partnerships.There are several groups of individuals who work on behalf of the urban forest by providing informational workshops, outreach, and best management information to the public. Common themes across groups • The community should work to increase the total tree canopy cover in Lake Oswego (Sustainability, Arborists, Fire &WUI, Council/Commissions, Natural Resources) • Citizens are concerned, involved, and dedicated to the urban forest(Sustainability, Council/Commissions, Parks& Education) • The Tree Code and other ordinances work well for various purposes (Sustainability, Arborists, Fire&WUI) • The Heritage Trees program does a good job at protecting protects significant trees in the City (Sustainability, Neighborhoods Group 2) • Public and private partnerships are frequently leveraged to ensure proper management of the urban forest (Sustainability, Neighborhood Group 1) Weaknesses Many focus groups centered the weaknesses of the City's urban forest on the City's Tree Code. Participants mentioned a general frustration about how the Tree Code,tree permitting process, and associated ordinances are applied or implemented. Participants noted a general lack of clarity around interpretation of the Tree Code and wished that clarification could reduce improper or illegal tree removal. They believed making the code more transparent, easily digestible, and educational would increase the number of trees in the area and improve tree maintenance and protection. Participants agreed that management and multi-department coordination needed improvement, as having all involved parties on the same page allows a more efficient and comprehensive forest management strategy. D U D E K 15267 10 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Some participants thought the Tree Code should have better preservation for trees, and that the Tree Code should explain the benefits that trees provide to homes. Several participants also felt the City should prioritize tree maintenance on larger more established trees, because these trees contribute more benefits to the community, such as carbon sequestration and canopy cover, when compared to small trees. Common themes across groups • Removal permit fees are too low for taking out trees,especially large trees(Sustainability, Neighborhood group 2) • The Tree Code is applied differently to individuals and developers(Neighborhood group 1, Neighborhood group 2) • The Tree code is too ambiguous, and can result in loopholes when exploring alternate options for tree removal (also noted as an opportunity, Neighborhood group 2, Development & Business, Council/ Commissions, Natural Resources) Opportunities Participants described increasing education surrounding tree care, preservation, proper tree removal,tree benefits, and various City tree-related resources as opportunities to better manage the urban forest. Partnering with nonprofits and working with groups such as Backyard Habitat could provide individuals with the proper support and education to care for and maintain trees and vegetation. In addition, participants voiced a desire to manage the urban forest as a system, rather than on an individual tree-by-tree basis. To achieve this, recommendations from participants included setting an ultimate canopy cover goal to shift the focus from individual trees, and to focus mitigation trees in low canopy areas. Participants believed that to protect and enhance the entire urban forest, a broad view needs to be established to ensure the forest is uniformly progressing. Lastly, participants voiced that this canopy view would help support mindful development including infill and affordable housing. Common themes across groups • Lake Oswego should promote climate resilient trees and species (Sustainability, Arborists, Fire & WUI, Council/Commissions) • The City should provide incentives and update code for large tree management and protection (Neighborhood group 1, Neighborhood group 2, Council/Commissions) • Lake Oswego should utilize the "Right tree, right place program" for long term mitigation (Development & Business, Parks & Education, Council/Commissions) • Lake Oswego needs to diversify the trees in the urban forest to combat a declining number of species and biodiversity collapse(also noted as a threat,Arborists, Fire&WUI,Council/Commissions, Neighborhoods group 1) • Mitigate the risks of fire with options such as hardscape design (also noted as a threat, Sustainability, Natural Resources, Council/Commissions) Threats Many of the focus groups noted that the biggest threats to the urban forest came from development.These threats included conflict between trees and development or existing infrastructure development standards. The way that development threatened trees differed among groups.Some groups thought that new development maximizing lot coverage and density standards were a key threat to the urban forest, whereas other focus groups felt that uncertainty and conflicts with lot coverage,setbacks, and other City standards made development in the City more D U D E K 15267 11 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO uncertain and costly. Lastly, participants voiced concern for the natural environment as a threat in general, addressing yard culture in the area and associated pesticide use, loss of critical habitat, poor management of streamlined trees, and erosion problems. Common themes across groups • Climate change will have negative effects on the urban forest (Sustainability, Parks & Education, Council/Commissions, Neighborhood group 2, Natural Resources) • Home pesticide use may contribute to degradation of local ecosystems and the natural environment (Sustainability, Neighborhood group 1) • There is a conflict between tree maintenance, removal, and a desire for a view (Sustainability, Council/Commissions) • Utilize native climate resilient trees in Lake Oswego, especially in replacement (also noted as an opportunity, Arborists, Fire&WUI, Neighborhood group 1) • The community lacks hazard awareness for fire or ice storms(also noted as an opportunity, Neighborhood group 1, Parks and Education) D U D E K 15267 12 SEPTEMBER 2023 4 Online Survey An online survey was created to understand the public's perception of the City's urban forest, and to offer a space for public feedback as the City develops its UFMP.The 22-question survey was open between June 2023 and August 2023, and was distributed through various City social media outlets, outreach events, neighborhood association meetings and communications sent by City staff. Major themes of the survey questions included the attitudes and feelings respondents have towards trees as a City asset, willingness to support the City's tree planting efforts and policies to protect trees, and opinions on the vision statement for the UCFP. A complete list of all responses is included in Attachment A. 4. 1 Results Respondent demographics In total, 582 survey responses were recorded. Of the respondents, 88%(511) live in Lake Oswego, 27%(160)work in Lake Oswego, 2%(10) neither live nor work in Lake Oswego and 49 skipped the question (Table 6).The top two neighborhoods that responded were Palisades(11%)and Lake Grove(9%).Table 7 highlights other relevant survey respondent demographics, and how they compare to US Census Bureau data. Survey respondents are skewed towards are older (65% of respondents are 55+ years old vs. 35%), homeowners (84% respondents vs. 71% census), and college degree holders (89% respondents vs 73%census). It is important to note that the opinions of renters, multifamily homeowners, non-college degree holders, and younger community members are less likely to be represented in this survey. Table 6. Percentage of Survey Respondent Who Live or Work in Lake Oswego Neighborhood Percent of Respondents Live in Lake Oswego 88% Neither live nor work in Lake Oswego 2% Respondents by Neighborhood Palisades 10.50% Lake Grove 8.78% Forest Highlands 8.21% First Addition- Forest Hills 7.63% Mountain Park 6.68% Evergreen 6.49% Bryant 5.53% Lake Forest 5.53% Blue Heron 5.34% Uplands 4.96% McVey-South Shore 4.01% Hallinan 2.86% Waluga 2.48% Lakeview Summit 2.29% D U D E K 15267 13 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Table 6. Percentage of Survey Respondent Who Live or Work in Lake Oswego Neighborhood Percent of Respondents Oak Creek 2.29% Rosewood 2.10% Westlake 2.10% Westridge 2.10% Foothills 1.34% I do not live in Lake Oswego 1.34% Lakewood 1.34% North Shore Country Club 1.34% Marylhurst 1.15% Glenmore 0.76% Holly Orchard 0.76% Childs 0.57% Not sure 0.57% Old Town 0.38% Birdshill 0.19% John's Woods 0.19% Skylands 0.19% Source: Lake Oswego Urban Tree Public Survey 2023 Table 7. Demographics of Survey Respondents Compared to Demographics of the City of Lake Oswego U.S. Census Demographics of Category Demographics of Survey Respondents City of Lake Oswego 2022 Ethnicity African American or Black 0.4% African American or 0.8% Black American Indian 1.7% American Indian 0.6% Asian 3.9% Asian 8.4% Hispanic, Latinx, or 2.1% Hispanic, Latinx, or 5.5% Spanish origin Spanish origin Native Hawaiian or Pacific 0.4% Native Hawaiian or 0.5% Islander Pacific Islander White or Caucasian 77.7% White or Caucasian 79.7% Prefer not to say 16.5% Prefer not to say N/A Age Under 18 1% Under 18 22% 18-24 1% 18-24 5% 25-34 3% 25-34 9% 35-44 15% 35-54 28% 45-54 17% 55-64 23% 55-64 14% 65+ 42% 65+ 21% Housing Type Single family home 86% Single Family Home 71% D U D E K 15267 14 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Table 7. Demographics of Survey Respondents Compared to Demographics of the City of Lake Oswego U.S. Census Demographics of Category Demographics of Survey Respondents City of Lake Oswego 2022 Apartment/Duplex/Condo 4% 29% Condo/Duplex 6% Multi-unit Town house 4% Housing Status Homeowner 84% Homeowner 71% Renter 5% Renter 29% Living with others, 1% assisting with payments N/A Living with others, not 1% paying Education Graduate degree 52.2% Graduate degree 33% Bachelor's degree 36.6% Bachelor's Degree 40% Some college but no 5.3% 20% degree Some College Associate degree 4.4% No high school diploma 0.8% No degree 1% High school diploma or 0.8% High School diploma 6% equivalent(e.g., GED) Source:U.S.Census 2022;Census Reporter 2022;Lake Oswego Public Tree Survey 2023* Results Overview Vision Statement Four hundred and sixty-eight respondents provided written comments that suggested full vision statements,vision statement fragments,or ideas to consider describing their ideal vision for Lake Oswego's urban forest for the 2024 UCFP.Comments were categorized according to themes, and the most discussed topics included tree preservation (42%), stopping development (25%), and climate change (11%). Within the tree preservation category, strengthening the tree ordinance increasing maintenance activities, and holding property owners and developers accountable for removals were frequently mentioned.Within the halting development category, comments focused on the amount of development in the City and the perception that it is easy for a tree removal permit submitted by a developer to be approved. Within the climate change category, the concern for the number of trees appearing unhealthy or dead,the recent increase in temperatures, and the desire for more shade was frequently mentioned. While these three categories were the most mentioned, ecosystem services and an ecosystem approach, as well as considerations for wildlife were mentioned as well. Based solely on community feedback,the following Vision Statement is offered for consideration. The City of Lake Oswego's community forest is a well maintained, protected, and sustainable forest ecosystem that is a dominant mitigator against climate change and contributes to Lake Oswego's thriving community now and into the future. D U D E K 15267 15 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Tree Code Respondents were asked a series of questions about their interaction with the Tree Code. Notably, 50% of all respondents either disagreed or strongly disagreed that the City was effective at preserving trees in Lake Oswego. 50%of respondents said they disagree or strongly disagree,with 26%agree or strongly agree that the LO Tree Code is effective at protected and preserving trees (Exhibit E). Exhibit E. Level of Agreement with Tree Code Level of Agreement with "I think Lake Oswego's Tree Code is effective at protecting and preserving trees." 30% 25% 20% - 15% - 10% 5% 0% Strongly Agree Agree Neither Agree Disagree Strongly I have no I'm not sure nor Disagree Disagree experience with the Tree Code Of the respondents,50%had applied for a tree removal permit,while 50%had not applied for a tree removal permit. Of those 50%that had submitted a permit application, 48%submitted for a hazard tree removal permit, 29%for a Type II removal permit, and 24% for a Type I removal permit (Exhibit F). Approximately 33% agreed the permit application was easy to understand, 40% thought the process was easy to understand but had some questions, 10% were confused by the permit application, required documents, and the process, and 8% stated an arborist company handled the paperwork (Exhibit G). D U D E K 15267 16 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Exhibit F.Type of Tree Permit What type of tree removal permit were you seeking? 60% 50% 40% 30% 20% 10% 0% Type I Type II Hazard Tree Exhibit G. Responses for Permit Interaction How would you rate the removal permit application process? 50% 40% 30% 20% 10% 0% The removal permit was easy I had some questions,but I was confused by the removal Contractor Prepaired to understand generally understood permit application Application When asked for comments about the permit process, many comments (17%) highlighted the perception that developers seemed to be exempt from the application process or that the City used a different standard than individual homeowners.Additional concerns centered on the neighbor review process(that allowed a review period for neighbors to object and halt the process of the owner removing their tree) and the general theme of private property rights versus governmental oversight, and how residents can interact with their trees on their property. Benefits and Threats to the Urban Forest When asked the most important benefits that trees provide to the community, the top three answers were shade and cooling, improving the environment, and habitat for wildlife (15%, 15%, 14%, respectively; Exhibit I). Respondents were asked about the threats they perceive affecting their urban forest. Removals due to development, increased temperature, and invasive species being the top three (21%, 16%, and 15% respectively). D U D E K 15267 17 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO Exhibit H. Highest Priority Benefit that Trees Provide Select the Most Important Benefit that Trees Provide in your Neighborhood 16% 14% 12% 10% 8% 6% 4% 2% 0% i Shade/cooling Improving the Habitat for Aesthetics or Carbon storage Protecting Living privacy Improving environment wildlife appearance to mitigate for human health screen/natural property value climate change fence Exhibit I.Threats to Trees within your Neighborhood Select the Threats Facing Trees in your Neighborhood 25% 20% 15% 10% 5% 0% i Removal due to Increased Invasive plant Drought Ice storms Pests and Wildfire Other(please property temperature species diseases specify) development D U D E K 15267 18 SEPTEMBER 2023 5 Key Findings and Recommendations 1. The Lake Oswego community is active, engaged, and vocal about their desire for tree preservation in the City. The results from all activities showed that the community cares about, and has a love for, the City's trees. They believe trees contribute to community character, and that they should be protected, managed, and maintained for the future. They generally view trees in public spaces as being in fair or good condition and recognize the importance of increasing community education about proper tree maintenance, benefits of trees, and City tree-related educational resources as opportunities to better manage the urban forest. During the implementation phase of the UCFP,it will be critical to continue outreach to community members to inform them of the strategic plan,the ways they can contribute to the overall strategic goals and actions and provide feedback to ensure that diverse perspectives are heard and valued. 2. The Tree Code and the way it is applied results in contentious issues throughout the City. Community member responses from outreach events, focus groups, and the survey repeatedly mentioned that they do not think the Tree Code is effective at preserving trees,that the biggest threat to the urban forest in the City is development,and that developers are treated differently and almost always granted a permit for tree removal. Developers and arborists expressed challenges with the Tree Code as well, expressing that the process can be difficult to understand,too ambiguous,and can result in loopholes or made needed development in the City more uncertain and costly. These opinions illuminate the need for the City to increase transparency in the ways it grants tree removal permits, including tracking all removal permits that are submitted, approved, or denied. Additionally, Oregon Revised Statute(ORS) 197.307(4)will require the City to adopt and apply clear and objective standards, conditions,and procedures regulating the development of"needed housing,"to ensure that the City does not use discretionary or subjective criteria to deny housing projects or discourage housing through unreasonable cost or delay. When the City makes required updates to the Tree Code, significant outreach and engagement will be needed to ensure the community understands the ways this statute will impact trees in the City. 3. The community places a high importance on managing the urban forest as an ecological system rather than on an individual per-tree basis. The City's forested natural areas contributes to its high canopy cover There is a concern that by design, the Tree Code only makes decisions on a lot-by-lot basis, which could contribute to overall canopy loss in neighborhoods if canopy cover is not monitored.The City could consider an ultimate canopy cover goal for the entire City and neighborhoods to shift the focus from individual trees, and to focus mitigation trees in lower canopy areas. 4. The survey provided the community with the first opportunity to write the vision statement for the 2024 UCFP. The vision statement prioritizes tree preservation into the future and discusses the need for sustainability and climate considerations when managing the urban forest. A UCFP is more likely to be implemented when it reflects the needs and priorities of the community. City staff,Technical Advisory Committee, elected officials, and other interested parties will have additional opportunities to further refine the UCFP's vision statement. 5. The community is concerned about climate change and its effects on the urban forest. Climate change and its effects on the urban forest emerged as a common theme across all outreach activities. Many individuals involved with the planning process voiced their concern on the impact of climate change and how they could personally work to combat its effects, including increased heat, drought, wildfire threats, ice storms, and invasive plants, pests, and pathogens. Climate change and its impacts will need to be considered in all aspects of the UCFP, including management practices,tree code,funding, canopy cover, D U D E K 15267 19 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO and other topics. Climate change and the way that the City prioritizes sustainable management actions may emerge as a unifier among groups that share differing opinions. D U D E K 15267 20 SEPTEMBER 2023 UCFP UPDATE/COMMUNITY ENGAGEMENT SUMMARY MEMO INTENTIONALLY LEFT BLANK D U D E K 15267 21 SEPTEMBER 2023 Appendix A Complete Survey Results Lake Oswego Tree Survey Q1 Of the following options, select the most important benefits that trees provide in your neighborhood (select all that apply). Answered: 580 Skipped: 2 Improving the environment... Shade/cooling neighborhood... Protecting human health... Aesthetics or appearance Improving property value Habitat for wildlife Carbon storage to mitigate... Living privacy screen/natur... Other(please■ specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Improving the environment (such as air quality, water pollution) 84.31% 489 Shade/cooling neighborhoods and homes 85.86% 498 Protecting human health (physical and mental) 61.55% 357 Aesthetics or appearance 71.03% 412 Improving property value 46.03% 267 Habitat for wildlife 79.83% 463 Carbon storage to mitigate for climate change 66.72% 387 Living privacy screen/natural fence 60.86% 353 Other(please specify) 7.93% 46 Total Respondents: 580 OTHER(PLEASE SPECIFY) DATE 1 / 86 Lake Oswego Tree Survey 1 All of the above 8/21/2023 10:04 AM 2 As a retired Principal for Windermere, trees def. a big plus for property value! 8/21/2023 7:15 AM 3 These are all important!! 8/20/2023 9:49 PM 4 "We never could design a building as beautiful as the trees."—Portland Architect Pietro 8/20/2023 6:23 PM Belluschi 5 Soil stability 8/20/2023 2:33 PM 6 Natural noise barriers 8/19/2023 7:27 PM 7 So many benefits to prioritizing our trees! 8/19/2023 7:58 AM 8 Trees do ALL of the above. I'm glad the city understands this. 8/19/2023 7:10 AM 9 all of the above 8/17/2023 11:58 AM 10 good for hugs 8/12/2023 1:40 PM 11 Noise buffer 8/12/2023 12:23 PM 12 All of the above 8/1/2023 11:26 AM 13 Sound and wind buffer, great sounds of wind through the trees, retaining trees on east, west 8/1/2023 10:49 AM and north sides but only low trees south side enables enough sun for rooftop solar---my system the equivalent of 415 trees so allow removable south side to get MUCH MORE TREES CO2 removal equivalent from solar m solar 14 Surface water mitigation 7/31/2023 10:36 PM 15 Trees do a lot to dampen sound and also to absorb excess rain 7/31/2023 5:17 PM 16 Cultural/Spiritual/Community Connection 7/31/2023 1:29 PM 17 Trees make our neighborhood stand out from the areas w/less trees. 7/25/2023 12:52 PM 18 Stormwater management, historical value, neighborhood character, wind break 7/23/2023 11:59 AM 19 Wind screen to slow or break ups high winds 7/22/2023 9:29 PM 20 Allow children to see what trees can bring such as fruit.nuts and other edible offerings 7/21/2023 9:22 AM 21 Property values are secondary to all others. 7/20/2023 8:22 PM 22 Stormwater mitigation 7/18/2023 7:27 PM 23 Preserving history 7/16/2023 3:40 PM 24 reduce flooding 7/15/2023 5:34 PM 25 For pathways 7/14/2023 3:06 PM 26 Provides a life-affirming connection to nature. 7/12/2023 4:25 PM 27 Summer Blooms for Bees in landscapes is an awesome public goal. 7/11/2023 1:05 PM 28 Privacy, noise mitigation, soil retention, water management 7/10/2023 10:27 PM 29 Wind protection, fun for kids to climb or play in (treehouses) 7/10/2023 4:42 PM 30 Protecting sloping environments from erosion 7/8/2023 4:52 PM 31 Trees are a critical component in our rich ecological intertwined environment. From the strands 7/7/2023 1:34 PM of fungus that help them communicate to the leaves at the top that provide our lungs with needed oxygen and that provide birds and other animals with protections, homes, and shelter trees are essential! 32 They've been around for longer than most of us. Respect them 7/7/2023 12:02 AM 33 A lot with mature trees provides a sense of serenity 7/6/2023 6:15 PM 34 Of the seven checked, the top 3 on my list are carbon storage, aesthetics, and protecting 7/6/2023 5:18 PM 2 /86 Lake Oswego Tree Survey human mental health 35 Too many to count! 7/6/2023 2:23 PM 36 Lowering heat index 7/6/2023 8:58 AM 37 All the above! Also helps reduce un natural sound such as vehicles, trains, machinary 7/5/2023 10:31 PM 38 Trees keep each other alive and should be considered as one when very close together. 7/5/2023 5:00 PM 39 Some are irreplaceable! 7/5/2023 10:37 AM 40 it is not just one of these items. multiple benefits!!! 7/5/2023 10:02 AM 41 Noise buffering 7/5/2023 8:40 AM 42 Protecting environmental future with irreplaceable large trees 7/1/2023 4:26 AM 43 general community wellness 6/28/2023 9:42 AM 44 Increasing the value of private property 6/26/2023 5:44 PM 45 Become a child's best friend 6/26/2023 7:51 AM 46 Noise reduction and surface water mitigation 6/22/2023 10:08 PM 3/86 Lake Oswego Tree Survey Q2 Of the following options, select the threats facing trees in your neighborhood (select all that apply). Answered: 578 Skipped: 4 Pestsand diseases 71111111 Increased temperature Drought Removal due to property... Ice storms Wildfire Invasive plant species... Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Pests and diseases 35.64% 206 Increased temperature 50.87% 294 Drought 44.64% 258 Removal due to property development 70.07% 405 Ice storms 42.39% 245 Wildfire 21.45% 124 Invasive plant species (English ivy, Himalayan blackberry, etc.) 47.75% 276 Other(please specify) 13.49% 78 Total Respondents: 578 # OTHER(PLEASE SPECIFY) DATE 1 The way the city favors developers over property owners. 8/20/2023 9:49 PM 2 The city is allowing too many trees to be removed for developers.. 8/20/2023 9:48 PM 3 Removal due to property developmentm -Removal due to property development'1""1"" - 8/20/2023 6:23 PM 4/86 Lake Oswego Tree Survey Removal due to property developments" "t 4 Renaissance Homes is the worst. They are cutting down so many trees to build their crap 8/20/2023 4:46 PM homes 5 City Council and current tree ordinance 8/20/2023 4:44 PM 6 The city disregarding rules already in place on property it controls. The habitat for humanity is 8/20/2023 4:33 PM a prime example and the Boone's ferry expansion are a couple 7 Home builders get priority pass on tree cutting 8/20/2023 4:12 PM 8 Leaning and dying 8/20/2023 3:24 PM 9 Really do not know other than development 8/20/2023 2:35 PM 10 Human blindness to their value and care. 8/20/2023 2:33 PM 11 Underbrush in parks/forests create wildfire danger. 8/19/2023 8:26 PM 12 I'm Springbrook Park there are piles of branches and sticks (just waiting for a Match or 8/19/2023 4:22 PM cigarette 13 Please increase the setbacks and disallow any developers who cut trees without approved 8/19/2023 7:58 AM applications! 14 Old trees collapsing with no removal 8/18/2023 11:00 AM 15 IVY IVY IVY IVY IVY IVY IVY IVY... 8/17/2023 11:58 AM 16 there seems to be a dangerous trend -removing large old healthy trees for development-and 8/14/2023 12:34 PM mitigation requirements are meaningless 17 Ensuring neighbors understand their responsibility in keeping the trees in good health, trimmed, 8/13/2023 2:08 PM etc. 18 City of Lake Oswego development projects 8/4/2023 6:28 PM 19 They probably all apply but the permits given to Developers is the most egregious and obvious 8/4/2023 4:03 PM in the First Addition 20 New in First Addition is houses taking down big fir trees in order to do less "work" or perceived 8/1/2023 10:49 AM danger of very rare BIG ice storms---if folks take one down, they should plant 10-20 like I did 21 Developers and their greed to build the biggest most lot consuming home as possible with no 7/31/2023 10:36 PM consideration of preservation of trees on the property. If any trees remain they will most likely die due to disturbance or lack of space. Developers are destroying our mature tree canopy. 22 Instead of maintaining the removal of perfectly healthy trees 7/31/2023 7:31 PM 23 Wind storms 7/31/2023 3:56 PM 24 Prioritization of gray infrastructure over green infrastructure, loss due to public improvements 7/31/2023 1:29 PM 25 Neighbors wanting others to cut or top trees for views 7/26/2023 11:19 AM 26 Damage to home nearby 7/25/2023 2:52 PM 27 Chemical spraying of yards and open spaces and the continued use of aerial chemical 7/21/2023 9:22 AM spraying such as the program make sunsets look it up 28 We need to save the heritage trees 7/21/2023 7:49 AM 29 City of Lake Oswego planning department giving contractors privileges 7/20/2023 9:35 PM 30 Property owners oblivious to their complicity in creating hazard trees due to lack of 7/18/2023 7:27 PM stewardship. 31 commercial pesticides 7/16/2023 3:40 PM 32 removal due to new property owners buying properties with trees, but not wanting trees on their 7/15/2023 5:34 PM property for various reasons 33 Unhealthy tree branches/Trees falling on pedestrians 7/14/2023 3:06 PM 5 /86 Lake Oswego Tree Survey 34 Removal by property owners who violate laws 7/13/2023 9:08 PM 35 It seems far too easy to get a permit to remove our mature trees ("landscaping"). 7/12/2023 4:25 PM 36 New Plants And Trees Need Water. We must figure out early life watering...3yrs. 7/11/2023 1:05 PM 37 Lack of ongoing maintenance that leads to premature preventable damage and death 7/10/2023 10:27 PM 38 Poor maintenance around power and telephone wires deforming trees 7/10/2023 3:42 AM 39 vandalism 7/9/2023 9:06 AM 40 removal due to property development particularly concerning 7/7/2023 7:28 PM 41 Every block in our neighborhood has lost trees in the past three years. It's as if the trees get 7/7/2023 1:34 PM COVID and die. And so many are obviously in distress. 42 Lake Oswego council needs to apply the same stringent policy of the home owner on 7/7/2023 10:47 AM developers 43 improper pruning as by utility companies 7/7/2023 10:41 AM 44 People removing them 7/7/2023 5:36 AM 45 Homeowners placing non-pours surfaces over root systems of mature trees 7/6/2023 6:15 PM 46 Wind 7/6/2023 5:42 PM 47 Property reconstruction/additional square footage 7/6/2023 4:04 PM 48 very lenient enforcement and protection over the last 40 years for a city that calls itself"Tree 7/6/2023 4:03 PM City" 49 OVER development-greedy developers!! 7/6/2023 3:14 PM 50 Lack of care/maintenance 7/6/2023 2:53 PM 51 Clueless property owners 7/6/2023 2:28 PM 52 Trees too big to be near houses 7/6/2023 2:28 PM 53 I worry when the 50 mph winds come through 7/6/2023 2:25 PM 54 The City of LO is way too generous issuing tree removal permits. 7/6/2023 2:23 PM 55 Humans cutting down healthy trees 7/6/2023 8:58 AM 56 Poor grove management due to type 2 removal permits 7/6/2023 7:50 AM 57 City of LO-#theMuni &#IoGolf and more 7/5/2023 7:54 PM 58 Overgrowth 7/5/2023 7:53 PM 59 People need to water their trees and LO needs to give guidelines! 7/5/2023 5:00 PM 60 Our trees are in danger from all of these 7/5/2023 11:31 AM 61 Mostly thoughtless development, siting 7/5/2023 10:37 AM 62 developers 7/5/2023 10:02 AM 63 Wind storms 7/5/2023 8:57 AM 64 English Ivy is a problem but we just cut it at the base of tree snd keep it off the tree. 7/5/2023 8:40 AM 65 Housing/Developers 7/5/2023 6:40 AM 66 flooding 6/30/2023 6:25 PM 67 no threat noted 6/28/2023 10:06 AM 68 Randy Sebastian and his shitty houses 6/27/2023 7:31 PM 69 Our neighborhood's street trees are the#1 invasive tree species in LO. They need to be 6/27/2023 1:07 PM replaced. They grow in hell strips too narrow for them, they get into our water and sewer lines 6/86 Lake Oswego Tree Survey and break them. 70 topping off 6/27/2023 12:33 PM 71 Excessive tree density inhibiting healthy growth. 6/26/2023 5:44 PM 72 The biggest threat is large homes being built on small lots. 6/26/2023 4:29 PM 73 Real Estate Developers 6/26/2023 10:42 AM 74 Development 6/26/2023 9:31 AM 75 People afraid to live in forest shouldn't buy a home in the forest 6/26/2023 7:51 AM 76 Trees not being planted in logical locations on site in relation to development 6/25/2023 10:47 PM 77 Development 6/22/2023 10:08 PM 78 Mismanagement of the overall forest 6/21/2023 5:46 AM 7 /86 Lake Oswego Tree Survey Q3 Lake Oswego's 2007 Urban & Community Forestry Plan included the following vision statement: "The City of Lake Oswego's community forest is a thriving and sustainable mix of tree species and age classes that contribute to a healthy ecosystem. The forest is valued and cared for by the community as an essential environmental, economic, and cultural asset."How would you describe your ideal vision for Lake Oswego's urban forest into the future, as we prepare the 2024 Urban & Community Forestry Plan Update? (Limit to 100 words or less) Answered: 46E Skipped: 114 # RESPONSES DATE 1 Development Stop developers from stripping land of all the trees. It should be criminal. It 8/21/2023 10:04 AM seems if they are given building permits they have free rein to destroy our city. 2 Ecosystem Services I would add"contribute to a healthy and stable ecosystem."Without 8/21/2023 9:59 AM these trees the water table is disrupted, the solar profile changes, the animals lose even more habitat and so on. I love the current protections for the trees. To me, this is what living in Oregon should feel like. Life amongst these giant trees. I support the removal of invasive trees and requirement to plant a new tree in its place. I would love for a suggestion of trees that are local to the area. 3 Proper Pruning I would love to see trees trimmed properly along corridors. Currently they get 8/21/2023 8:05 AM hacked around telephone wires in a wacky, unattractive way. It would be much more appealing if they were cut back or removed in an aesthetically appealing way. Even the removel of a tree here and there would be okay.... along South Shore, it looks messy with the weird limbs extending across the road and hanging sideways. I'd also love to see all the invasive vines cut out of the trees along the major street routes. I do love more open green space for us and the aesthetic use of trees in our parks and forest areas. I appreciate when they are trimmed properly, rather than hacked. A lot of our trees are invasive and get crowded and messy. I love beautiful specimen trees that enhance our greenspace area. We do have a lot of trees to take care of, and I know it's not an easy task. 4 Development Stop allowing developers to take the easy path and cut trees down. 8/21/2023 7:30 AM 5 Proper Pruning Provide routine maintenance to trees to make sure they can withstand 8/21/2023 7:29 AM weather conditions 6 Development This City is for too loose with developers, allowing them to remove far too 8/21/2023 7:15 AM many trees, especially Renaissance Homes. They wiped out , illegaly an entire section of trees for a home at the corner of Fernwood and Greentree with little or no penalties -very wrong! Their permits for that new home should have been cancelled for that misdeed! Where is the City's accountability??There is none! 7 Development Leave the trees alone. Quit developing 8/21/2023 5:41 AM 8 Fruit trees in public spaces 8/21/2023 4:43 AM 9 Tree protection I would like to see that if a large tree is cut down in one area, there are no 8/20/2023 10:16 PM other ones also cut down as well. You don't need to deforest the whole entire city of Lake Oswego. The large trees and a big part of the personality of Lake Grove especially. 10 Development The"community forest" is in danger of overdevelopment. If you plan to develop 8/20/2023 9:49 PM property in Lake Oswego it will take careful consideration and extra cost to protect the existing trees that enhance your property and the overall community. 11 Tree protection The city of Lake Oswego must protect and defend a thriving and sustainable 8/20/2023 9:48 PM 8/86 Lake Oswego Tree Survey mix of tree species and classes. These tree species and classes are in danger from over development, climate change, and invasive species. The forest must be cared for by the community to protect the health and well-being of our citizenry. This is an essential goal of the plan. 12 Climate Change Trees provide tangible benefits to neighborhoods including shade and wildlife 8/20/2023 8:43 PM habitat that help our community be more resilient in the face of climate change 13 Development Stop cutting down trees to build more homes !! 8/20/2023 7:55 PM 14 Proper Pruning Trim the trees regularly so they don't break down in the storms. Stop letting 8/20/2023 7:47 PM developers mow down as many trees as they want. Leave some for aesthetic purposes. 15 Climate Change The 2007 statement is accurate. In addition, I suggest to add text stating 8/20/2023 6:29 PM the climate imperative of carbon emissions mitigation by our urban forest as well as the economic value to LO for its rich forested landscape as a differentiation from most other local communities. The robust trees canopy is a sought after asset for many emigrating from elsewhere. It certainly was a daring factor for me when leaving the Bay Area. 16 Tree protection Supporting and encouraging public and private property owners to protect and 8/20/2023 6:27 PM preserve significant trees; especially during development projects. To this end, development projects should be required to disclose the*total number*and complete inventory of tree removals for the*entire project*at each approval phase of development (not just the number of tree removals for that phase, which masks the total number of tree removals for the entire project). 17 Development City should plants more trees; developers should be required to plants more 8/20/2023 6:23 PM trees and cut down fewer trees; city should limit development on natural/wild areas. "We never could design a building as beautiful as the trees."—Portland Architect Pietro Belluschi 18 The vision statement already looks good. 8/20/2023 5:20 PM 19 Zero native tree loss over the next five years in the City of Lake Oswego. 8/20/2023 5:11 PM 20 Ecosystem Services We need more forest pockets to augment many of our larger forested 8/20/2023 5:08 PM areas, It seems we are removing more trees every year for development. Neighborhood reserves keep neighborhoods cooler and provides refuge without needing to get into our cars. Also I'd like to see more areas preserved for wildlife corridors. 21 An actual practice of the above mission statement. Stop developers!!!! 8/20/2023 4:44 PM 22 I think this reflects my idea of what the vision should be. 8/20/2023 4:42 PM 23 Tree protection Start saving the significant trees! The habitat for humanity project is an 8/20/2023 4:33 PM example for complete disregard for saving significant trees. Most importantly are old established natives like Douglas fir, red cedar, western hemlock to name a couple. The most important trees to protect are native oaks (Quercus garriana)these trees are disappearing from climate change and disregard. They improve soil, live for centuries, provide dappled shade and provide habitat for many species. They will be cut down soon on the habitat for humanity project soon. They are very slow growing and there are few young trees 24 N/A 8/20/2023 4:29 PM 25 Tree protection Stop developers from clear cutters. It seems like developers get away with 8/20/2023 4:12 PM more tree cutting than individuals. 26 Tree protection The City of LO's community forest will be protected from further urban 8/20/2023 4:05 PM development as its benefits are our priority. 27 Tree protection The DRC has standards around landscape mitigation that they are willing to 8/20/2023 4:04 PM ignore for development. The City has tree codes for type II permits that they are willing to ignore for development. Individual property owners are held to a higher standard on these things than developers, this is not equitable. As a result of lax enforcement of standards for development, heat islands exist throughout downtown LO and Lake Grove areas, this represents regressive planning policy given challenges presented by climate change. 28 Tree protection I'm disgusted that habitat for humanity is allowed to cut down more than 33 8/20/2023 3:56 PM trees in the name of low income housing. The trees provide much needed shade, habitat, aesthetics, climate change mitigation etc. there are two owls nesting in those trees &the city's failure to do a nesting study as prescribed by an arborist is shockingly heart breaking. They 9/86 Lake Oswego Tree Survey should work within property& not have been allowed to cut that many down.. because city doesn't care I honestly do feel this survey has little or no value but rather is done only to appease people. 29 Stop approving so many permits to property owners to remove Douglas Firs. 8/20/2023 3:37 PM Lake"Grove"and Lake"Forest"should stay that way. And the tree planning meeting should not be in the middle of a weekday for working people, especially in summer while kids are all home out of school. I hope it is at the very least recorded for everyone. The mayor's round table is in the evening; why not the tree meeting? 30 Climate Change In addition to the LO vision (which I would agree with everything in it) I would 8/20/2023 3:36 PM add something about community education regarding the value of trees in the environment as well as how to maintain the health of the trees in our neighborhoods. It's not always clear, especially now with the summer droughts that we experience, on how to keep the trees healthy. 31 If trees need to be cut down due to safety it should be easy to do and you should be helping 8/20/2023 3:24 PM not hindering 32 Tree protection Older and larger trees need to be protected from removal. Mitigation with 8/20/2023 3:20 PM twice the number of trees removed with new trees planted . recognition of importance of tree cover for health of the community 33 Lake Oswego's urban forest, free from invasive trees and vines and brush. 8/20/2023 3:16 PM 34 Please help save our trees, especially old growth trees. There needs to be a 8/20/2023 3:11 PM balance between construction/development and saving trees. New developments of large homes over 3,000 s.f do not significantly help the housing shortage. In most cases in L.O. they are just replacing an existing home. 35 Climate Change Similar to the above, but reference the important role City trees play in 8/20/2023 2:58 PM addressing climate change, directly (thro'carbon capture)and indirectly (tho'shade& reducing energy usage) 36 Stop allowing developers to cut down large trees. Do not give in to them ans 8/20/2023 2:37 PM you seem to ALWAYS do. 37 Keep things as they are. We have so much more wonderful environment than a lot of suburbs. 8/20/2023 2:35 PM 38 Tree protection I moved into LO for the trees (2008)and I have been shocked by the 8/20/2023 2:33 PM careless destruction of the tallest trees and the lack of care of the remaining trees. 39 Proper Pruning All dead trees and tree limbs get removed right away for safety 8/20/2023 2:00 PM 40 I agree with this vision, and I urge LO governance to value our trees over short 8/20/2023 12:59 PM sighted profits for property development and developers. 41 x 8/20/2023 12:37 PM 42 Please add more trees! 8/20/2023 12:34 PM 43 Must be protected from developers 8/20/2023 12:04 PM 44 Tree protection Stricter laws on tree removal, especially in residential developments that are 8/20/2023 11:52 AM trying to maximize the house square footage for financial gain. 45 The vision statement, above is just fine. 8/19/2023 8:26 PM 46 Tree protection I'd like to see tougher laws protecting trees and local parks from developers. 8/19/2023 7:27 PM They've already killed an enormous quantity of old trees. 47 My pet peeve in Springbrook is the number of people who immediately unleash their dogs as 8/19/2023 4:22 PM soon as they enter the park despite posted signs that dogs must be on leash 48 I would like LO to value and prove they support what they claim to support. I do not feel like 8/19/2023 9:01 AM the forest is valued by the city at all. 49 Tree protection Please increase setbacks so that trees can survive. Currently, homes have 8/19/2023 7:58 AM such small setbacks that trees have to be cut down and those that remain standing don't have enough room to stay healthy. Also, survey the trees every 2 years instead of 10. 10/86 Lake Oswego Tree Survey 50 Proper Pruning In addition: Tree species should include species that add visual beauty and 8/19/2023 7:50 AM variety. They should be pruned and spaced to maintain their health. 51 The City of Lake Oswego and our community work hard to preserve the trees that make our 8/19/2023 7:10 AM city so beautiful and one of the healthiest cities to live in. Lake Oswego is visionary and prioritizes protecting its unique and magnificent tree canopy for the health and wellbeing of its residents for today and for all future generations of residents lucky enough to call this beautiful city home. Lake Oswego prides itself in being a national leader for its innovative approach which ensures the city continues to add housing without losing its precious trees. 52 Trees are protected members of our community that need to be cared for. Keep owners and 8/19/2023 1:17 AM developers from cutting them down or Lake Oswego will no longer have our established trees. 53 Proper Pruning In the forested parks there needs to be more management. Cleaning and 8/18/2023 10:03 PM removing branches that pose a risk for wildfire 54 Proper Pruning I would love to see more cleanup of downed trees in parks like Springbrook. 8/18/2023 11:36 AM There are some trees leaning in others that are at risk for falling into walking paths. 55 Proper Pruning Springbrook Park needs immediate attention—the forest floor is full of 8/18/2023 11:00 AM debris presenting a real fire danger. I would like the fire Marshall to assess the fire risk to the neighborhoods surrounded this forgotten park. 56 Tree protection We should remove as few mature trees as possible and only when 8/18/2023 10:51 AM necessary. 57 Provide incentives for home owners to retain and plant trees. 8/18/2023 10:43 AM 58 Climate Change A mixture on native tree species with a variety of age and size classes 8/18/2023 9:29 AM actively managed to promote vegetative health, wildlife habitat, aesthetic values and fire safe conditions. Give climate change, canopy closure featuring overstocked multi layered tree crowns should not be a primary metric for success. Wildfire conditions benefit from ladder fuels and multi storied canopy's in closure proximity to structures. Basal area with a variety of stem diameters may be a better metric. A Plan that allows for more management in wildfire susceptible areas (MP) is important ,I.e thinning, ground fuel's reduction and pruning are important 59 That we manage our trees and the risks associated with them in a whole and thought process. 8/18/2023 8:44 AM Tree and undergrowth removal/maintenance must be a part of this plan. 60 A healthy forest is defined by a mixture of native, and additionally more drought tolerate plants, 8/17/2023 11:58 AM e.i. oaks, pines, trees and shrubs, snags left in place, limited human access. Removal of invasive ivy is tantamount to success. 61 Increase the sense of urgency: Change the wording from "the forest is valued" to something 8/17/2023 11:37 AM like"the forest is necessary for the survival of the community, wildlife, and the environment". 62 Tree protection Stop allowing large trees to be removed unless they are damaging property or 8/14/2023 10:19 PM are diseased. Make developers work around those trees. Lake Oswego despite what many think has absolutely NO obligation whatsoever to appease them. We have plenty of taxed properties we don't need more at the expense of removing 100 year old trees. And stop thinking that replacing any tree with a"Magnolia" or similar that is not native and will not add to the canopy we have now. Plant natives Oaks, Pines, Spruce and more. There is a joke among the arborists in the metro area that no permit for tree removal is ever denied. They know it's true. Be a real steward for our trees and environment. Look at what's best for our city instead of what helps developers that have no best interests for us. 63 Tree protection Stricter rules around developers cutting down trees to make money. Making 8/14/2023 6:54 PM fines out way the benefits when they accidentally kill the tap root. 64 Tree protection Acknowledge that a top priority must be to maintain existing large trees. 8/14/2023 12:34 PM Emphasis on protecting old trees, and reforestation, particularly established natives/keystone species. Every effort should be made to avoid removing healthy mature trees for sake of development, private and public. Mitigation code should be re-written to be meaningful and expanded to include neighboring properties. 65 Nothing to add 8/14/2023 9:34 AM 66 Our trees should be seen the same way as indigenous people, as descendants of the original 8/14/2023 7:22 AM 11 /86 Lake Oswego Tree Survey creatures inhabiting our land, not to be displaced, but revered and cared for as neighbors. 67 More trees please 8/13/2023 4:37 PM 68 Educate the public to NOT use invasive plants for having a quick solution to have green 8/13/2023 2:08 PM converage in their lawn or public space. Hold those who do this to receive a warning to remove and fine them if they don't. And, place a lien or some action that will stall any sell, rental of the home. Unless the owner feels the burn, they will not make the necessary updates, changes, etc. 69 Preserve the current native species and habitat of the forest and bring in additional beneficial 8/12/2023 3:07 PM tree and plant species to help it thrive. 70 More trees 8/12/2023 1:40 PM 71 the above vision statement looks ok to me. 8/12/2023 1:08 PM 72 I agree with the LO vision statement. 8/12/2023 12:54 PM 73 8/12/2023 12:33 PM 74 Lake Oswego's urban forest should be of primary importance, as it contributes to the short and 8/12/2023 12:23 PM longterm health of our city. Any future development projects—commercial and residential— must be held to the strictest standards, forcing developers to use creative methods to achieve their goals without sacrificing*any*old-growth trees or those taller than 15 feet. Too many developers remove these essential components of our tree canopy and plant"mitigation" saplings that fall woefully short—literally and figuratively. 75 Climate Change I agree with the 2007 vision statement, that the forest is an essential 8/12/2023 10:24 AM environmental, economic, and cultural asset that should be cared for and protected. 76 allow development of land WHILE PROTECTING trees -allow substitutions and new planting 8/11/2023 6:03 PM to supplement existing situation. 77 No change 8/9/2023 1:35 PM 78 Continue to preserve, protect, renew and grow the trees and forests 8/8/2023 5:54 PM 79 maintain existing tree canopy levels, eliminate invasive species trees, plant native trees, allow 8/5/2023 3:14 PM property owners more control on trees on their own property 80 A wide and resilient variety of native tree species. 8/5/2023 2:40 PM 81 Maximum percentage of lot razing should be capped. Keep more big trees for canopy. This will 8/5/2023 11:40 AM promote more birds singing. More kids playing outside and people walking in the shade of the trees. 82 As a community we continue to be good stewards of the beauty we have, we continue to 8/5/2023 11:35 AM replant, to connect our neighborhoods and community with greenways and strive for a balance between population growth, economic needs and the reality that the nature around us is vital to quality of life. 83 Lake Oswego's forested areas serve as a bastion of nature in a sea of development blight. The 8/4/2023 6:28 PM City and its citizens commit to protecting and expanding natural and wild areas. 84 Provide measures and means to preserve and promote healthy trees in Lake Oswego's urban 8/4/2023 4:25 PM forest 85 Making the tree code stronger to allow for more trees to be saved. There are many citizens 8/4/2023 4:03 PM who object when old and significant trees are threatened but the process gives all the power to the developers. At one meeting the developer actually said "don't let the tree code get in the way of the development code". It needs to at least have a chance. 86 Preservation of tall tree canopy 8/4/2023 1:58 PM 87 Continue to care for this urban forest and make sure that it maintains it's rugged appearance 8/4/2023 12:28 PM within the homes. Green space maintenance is a must 88 Education which focuses on the value and benefits of trees. Strengthen the tree code to 8/4/2023 9:14 AM protect our mature trees on both public and private land. Currently the development code 12 /86 Lake Oswego Tree Survey trumps the tree code. Actual careful and thoughtful stewardship of our tree canopy should be a priority, especially because of increased temperatures and climate change. 89 2007 statement still looks okay to me. 8/3/2023 9:30 PM 90 This is only true for some people. We need their support 8/3/2023 4:22 PM 91 A city where development and tree protection live in balance. 8/3/2023 8:49 AM 92 The City of Lake Oswego recognizes and prioritizes the protection of mature native trees, 8/2/2023 6:15 PM which create the unique atmosphere of our city, provides valuable habitat for birds and native animals and increases the value of our properties. 93 Stop cutting trees unless they are diseased. Plant more trees. 8/2/2023 11:21 AM 94 8/2/2023 9:42 AM 95 Plant more trees each year than are cut down. Over time the city benefits. 8/1/2023 3:39 PM 96 Understanding climate change and effects on type of trees that are selected. Be open to new 8/1/2023 11:32 AM data and be flexible. 97 I think that Lake Oswego has not been working toward its vision statement from 2007. Perhaps 8/1/2023 11:26 AM the city should not change the statement, but protect the trees. 98 We need to keep existing forests all over the world including in Lake Oswego to combat the 8/1/2023 10:49 AM global heating emergency and biodiversity crash. Developers can design better around major trees and lot edge trees should all stay. "Tree hassle" removal should not be allowed unless owner plants 10 for 1. South side Tree removal --allow to enable solar PV equivalent of Hundreds of trees. 99 The vision statement written in 2004 was well written however the city of Lake Oswego has 7/31/2023 10:36 PM completely ignored this vision. Instead the city has permitting thousands of trees to be removed since 2004. The trees are unhealthy covered in Ivy, not valued by the city for environmental benefits or for the urgent climate emergency. The large historical fir trees are being removed at an alarming rate. It is clear the city doesn't value the trees as a cultural asset. The city has made the fees to remove a large tree so low no developer would have any incentive to save a tree. The tree code doesn't exist for the protection of trees because evidently the development code overrides the tree code. The code of which was initially written to protect our unique large trees from development. The updated vision should include include protecting the majestic large trees that make this area unique and are its distinctive characteristic. The trees are irreplaceable due to climate change and space would not be kept on a lot for even smaller trees.The vision should include that development codes will revised and combined with the tree code with preservation of majestic large trees a priority. Before it's too late! 100 It's a joke that the city values trees. Sure they may plant a few small trees to replace the 7/31/2023 9:15 PM many large trees that they allow to be removed for unnecessary McMansions. You can say whatever you want but it's what you do that counts. 101 Add some words about protecting our urban forests from over development and the importance 7/31/2023 8:26 PM of having forests to mitigate the damages from climate change. 102 Keep and maintain trees healthy in LO's urban forest. Too many healthy trees are being 7/31/2023 7:31 PM removed because it is too easy to get a removal from city 103 There needs to be much more diligent enforcement of the Type II tree code at the City level in 7/31/2023 7:24 PM order to protect the irreplaceable big trees that are still standing. The plan should be based on a definition of"tree canopy"which clearly shows how much the tree canopy is being reduced due to the removal of Type II trees and one that isn't convoluted by the inclusion of smaller newer trees that were planted a year or two ago. 104 The current version is good. I would want to the Tree code to be changed to reflect that the 7/31/2023 5:17 PM diameter of a tree is not the main thing, but the overall spacial footprint. A 200'fir may only have a diameter of 20" but that is not the same as a 20" oak, but they are treated the same. 105 Lake Oswego is covered by a connected and healthy canopy on public and private lands that 7/31/2023 1:29 PM is invested in and maintained by the community as critical community infrastructure with environmental, economic, cultural, and resiliency benefits for current and future generations. 13/86 Lake Oswego Tree Survey 106 stop sacrificing trees to development 7/31/2023 12:41 PM 107 Dense forestation is an essential characteristic of our city. Losing tree canopy will alter our 7/29/2023 5:53 PM character and not for the better. 108 Ideally I would like people to stop cutting down our beautiful trees for land developers and 7/29/2023 4:42 PM builders 109 Continued diversity and appreciation of trees. 7/29/2023 1:11 PM 110 That are trees are used to create a city agro-forestry center that feed the people. This brings 7/29/2023 12:28 PM more awareness of how trees can be used to help create shade for certain crops and more beauty. Large houses would not be valued over trees, instead the environment in which you live becomes more important. 111 Increasing the planting of trees to increase the forest canopy for the community. Place severe 7/28/2023 7:27 PM restrictions on the removal of trees from private property to facilitate/increase housing development. We need all the trees we have and many more to combat the effects of climate change on our community, the state and the nation. Encourage the planting of trees on private property with property tax abatement. Encourage the planting of trees on public property by petition drives submitted to the city council and active engagement by citizens in the public planning process. 112 I like this vision. I think developers are often not part of the community and not keeping with 7/28/2023 11:49 AM the vision, though. 113 An equal balance between the needs of the owners, progress and our community 7/28/2023 9:01 AM 114 Pragmatic and balanced management. 7/28/2023 8:51 AM 115 Plan that resents owners rights and works positively for the environment 7/28/2023 8:28 AM 116 Continue to prioritize the health and well-being of the urban forest, in partnership with private 7/27/2023 3:42 PM owners and public entities. 117 We need to tend to our natural lands/parks through reforestation&wild fire mitigation. 7/26/2023 3:00 PM Particularly Springbrook Park. 118 I think that is fine, but it should take into account that trees have viable life spans, and should 7/26/2023 1:11 PM be managed over time-therefore, just because a tree is there, doesn't mean it should be removed and replaced. 119 Quit cutting down our huge trees to build mega homes!!! Lake Oswego prides itself in being the 7/26/2023 11:42 AM "City of Trees"our motto. But we are letting every developer cut down all our beautiful old Douglas Firs to build mega homes. We need to live with the trees we have and replant Douglas firs if old ones need to be removed. 120 Above works for me 7/26/2023 11:19 AM 121 Keeping the old growth pine trees and adding more pine trees to LO. Stop removing trees just 7/26/2023 9:23 AM to build huge mansions. Halt all tree removal from huge homes. Plant more trees along the lake. 122 Your vision is great (above) but you do not follow it. You remove way too many trees in this 7/26/2023 4:16 AM city for development. We live in a forest, keep it that way 123 No change 7/25/2023 5:56 PM 124 Keeping what little natural habitat of this region healthy and thriving is not only important but 7/25/2023 3:59 PM benefits us greatly. With the ever increasing climate change we need to have clean air and shade. 125 Same as above but add while allowing property owners to create a wildfire defensive space 7/25/2023 3:48 PM around their home 126 Allow owners to remove trees that impact their view or are a mess for owners and the sewer 7/25/2023 3:16 PM system in the fall. Replace with evergreen trees. 127 Keep and maintain present status. 7/25/2023 2:52 PM 128 An equal balance of private property and a healthy ecosystem. Limit the number of people 7/25/2023 2:05 PM 14/86 Lake Oswego Tree Survey getting involved with other peoples property and use common sense as a guide. 129 One that allows the property owners more freedom to determine which trees to remove and 7/25/2023 1:51 PM which trees to plant. 130 Plant trees in our parks, around soccer field, and open spaces that we already own . Replace 7/25/2023 1:47 PM the weeds at the Iron Mt. park with trees....ugliest park in the city. We need forests (meaning more than 1 tree in a planting strip) 131 Agree with the current vision-add a goal to increase number of trees by 50% over next 10 7/25/2023 1:45 PM years 132 Protection of existing trees. This includes enforcing restrictions on cutting trees for 7/25/2023 1:33 PM development and aggressive removal of English ivy. Encourage planting of native species that can survive climate change. 133 I have lived here 35 years and continue to see so many trees cut down due to developers 7/25/2023 1:29 PM building HUGE homes with no yards. Please plant more trees and limit tree cutting! 134 the 2007 statement is strong 7/25/2023 1:03 PM 135 I would add something that says the city's development code recognizes the value of its urban 7/25/2023 12:52 PM forest by prioritizing and emphasizing the importance of trees. One way this is done is granting allowances to preserve significant trees. 136 A few more benches, maintain existing flora and fauna, remove non-native plants. Maybe add 7/24/2023 5:56 PM a water feature. 137 Our vision for the urban forest within Lake Oswego is continued protection of the current forest, 7/24/2023 8:17 AM expansions of protections to keep the trees we have, investment in planting more species, investment in native species including other types of native plants that support the forest ecosystem. 138 The city needs to understand that no forest will remain if development continues unchecked. 7/23/2023 10:01 PM 139 The trees are what makes living in LO so special. 7/23/2023 2:16 PM 140 Keeping a balance between city growth needs, aesthetics, tree maintenance and value of 7/23/2023 2:15 PM forests. 141 It is critical that we update the City of Lake Oswego code to incorporate more tree preservation 7/23/2023 11:59 AM with development for single family and multi-family housing. It is important to look at the effect of climate crisis and plant the correct trees for climate change. An example is to not plant new Western Red Cedars since they are not doing well with increasing temperatures and heat. It is important that this plan looks at the overall benefits of trees, understory and ecosystems including healthy soil and habitat. 142 Forest and the trees that make them great for our community need management, right 7/23/2023 9:29 AM protection where homes, parks, paths are improved and made better. 143 Our city is a cool, lush oasis set apart from the hot, dry sameness of solely buildings and 7/22/2023 9:29 PM paved roadways being created around us. 144 I think how the plan currently sits, it is still a bit too stringent. Homeowners and large parcel 7/22/2023 4:34 PM property owners should have the ability to maintain and even possibly remove trees they see fit to improve their property. All of this in accordance with FAIR rules set forth by the city. Our town has a large canopy of trees and I feel we can maintain this with a FAIR tree code for all property owners and fair mitigation. 145 The City of Lake Oswego's community forest needs to be protected and improved in order to 7/22/2023 7:26 AM contribute to a healthy ecosystem. The forest is valued and cared for by the community as an essential environmental to combat climate change, economic, and cultural asset. 146 The City of Lake Oswego's community forest is valued by the community as the foundation of 7/21/2023 8:04 PM sustainable development, shared culture and economic longevity. City law protects the trees that make up the forest and recognizes a new tree is not a replacement for an old one. 147 Recognition of real value of native canopy trees (i.e. Douglas firs, big-leaf maples)over 7/21/2023 5:09 PM ornamentals and smaller trees as far as carbon sequestration, shade, and home value enhancements worth preserving over development. 15 /86 Lake Oswego Tree Survey 148 Plant trees wherever viable. We need all the trees we can get! Also, preserve trees during 7/21/2023 4:36 PM property development. Replace dead or diseased city trees. Increase the number of trees planted in Lake Oswego and maintain them. 149 Lake Oswego should continue to honor the space that we live in which was first and foremost 7/21/2023 3:52 PM home to the indigenous peoples. Let us live in the community with ultimate respect to the land and environment for all living species. 150 Accessible Walkways through tree areas and forests 7/21/2023 2:51 PM 151 I would add protecting old growth trees to the statement above. 7/21/2023 2:06 PM 152 Stop developers from cutting down trees! 7/21/2023 1:32 PM 153 It needs to be fire-safe. I've had several arborists to my property in Lake Grove over the past 7/21/2023 1:24 PM several years, and they have all stated that the area is at serious risk for a catastrophic crown fire that could endanger the homes and people in the area. 154 We're unable to adequately care for the trees in our green spaces. Invasive English Ivy is 7/21/2023 10:14 AM throttling mature trees along Iron Mountain Boulevard. Compromised trees become a fire and safety hazard, less able to survive storms, drought, fires, and climate change. 155 Less ornamental trees and landscape and for fruit,nut and edible and useful trees 7/21/2023 9:22 AM 156 Having grown up here, it is hard to watch the big ones be cut down. I wish that we could 7/21/2023 7:49 AM somehow work with city planners to incorporate some of these trees into the new plan. It was hard to watch some of the big ones go in front of the Lake Grove Post Office. All along Boones Ferry Rd. trees have been cut down. Beautiful old trees that must be 100 years old. People need to look up. LOOK UP and see how beautiful they are and that they are safe because they have been strong for so long. We have trees that the Lake Grove peacocks build their big nests in way up high. What a treasure. The big trees at and around the Lake Grove Volunteer Fire Station where my father used to work are amazing too. And of course the famous Peg Tree downtown L.O. and all the cherry trees that Mary Goodall had everyone plant years ago are so beautiful in the spring. Remember to LOOK UP and plant more trees. Diane Jarrett 157 I would add sustainability to the existing vision. We need new approaches to managing trees in 7/21/2023 7:24 AM increasingly extreme weather, and new varieties of trees more suited to changing climate. 158 The bison would include creative development that would minimize removal of old growth trees 7/21/2023 7:17 AM 159 No more cutting of healthy 100 year old cedars, oaks and Douglas firs for any reason. Property 7/21/2023 7:14 AM owners cannot"just pay a fine"if they want to remove these trees. No exemption for new construction. Serious penalties for removing old trees. 160 More trees around public area. 7/21/2023 6:06 AM 161 Selective tree trimming and removal in Csnal Acres to reduce fire risk and improve 7/21/2023 5:57 AM appearance. The area is quite overgrown. 162 Lake oswego values our forest ecosystem and needs to address the increased risk of wildfire 7/21/2023 4:47 AM potential to all community members. We should take necessary steps to ensure the targeted and selective reduction of fuel near resident homes and buildings to mitigate that risk while continuing to provide forest canopy for the environment. 163 I hope that our urban forest remains just as robust and cared for as it is today. I hope for every 7/20/2023 10:56 PM tree that is felled for development, two are planted in its place. It's a shame how the city is allowing our irreplaceable trees to disappear. 164 More trees, less rich white men 7/20/2023 10:34 PM 165 Replacing some of the overly-tall, dangerous, or diseased trees with safer, shorter trees that 7/20/2023 10:30 PM will provide the same benefits but won't fall during ice or wind storms. 166 Property owners should have a clearer, fairer, more simple and reasonable process to make a 7/20/2023 9:35 PM case for tree removal. Contractors and the city have priority for cutting while home owners with common sense needs for removal struggle to be heard or gain cooperation. Replacement should continue to be encouraged and assisted. Trees planted by the city for beauty should be balanced with the cost of city water and maintenance personnel. 167 I echo the above and add: our students are encouraged early and often by direct contact and 7/20/2023 8:22 PM 16/86 Lake Oswego Tree Survey education to appreciate and to value trees as much as man-made products, goods and experiences. THEY are the ones who will either benefit or suffer from the loss or degradation of forests. 168 Maintained, nurtured, expanded 7/20/2023 8:10 PM 169 All tree cutting should be more thoroughly justified in the future then it is now. 7/20/2023 7:48 PM 170 That trees, especially large, old and native trees, would be protected from all risks and life 7/20/2023 7:46 PM preserved whenever possible. That dead or dying trees would be replaced and new trees playfully planted, nourished and protected. 171 Big, beautiful pines and sequoia trees as well as a mix of deciduous trees 7/20/2023 7:34 PM 172 A multi storied dense canopy of native trees, supporting the cities' critters and citizens, 7/20/2023 6:38 PM cooling the local bodies of water for fish habitats and trees available from the city for planting on property in the city. 173 I envision a community that respects nature and the exsistin flora rather than the almighty 7/20/2023 6:36 PM dollar. Im against large scale developments that are the wave of the future 174 Take care of the trees we have and not allow cutting trees to build huge houses. 7/20/2023 6:13 PM 175 I think trees on neighboring properties must need to be maintained and trimmed to prevent 7/20/2023 6:08 PM property damage with potentially more ice storms in the future. 176 No more cutting old growth trees! 7/20/2023 5:54 PM 177 Please allow reasonable removal of dying or damaged trees. 7/20/2023 5:40 PM 178 It is clear that cities without trees are suffering more as they become heat bubbles. Lake 7/20/2023 5:39 PM Oswego should grow its status as an oasis, maintain current green spaces and have a plan for property development that includes solar and other positive replacements if trees need to be cut 179 Skip 7/20/2023 5:11 PM 180 Trimming trees that are interfering with overhead utility lines and obstructing traffic visibility at 7/20/2023 5:07 PM intersections. Also inforceing existing ordinances regarding treas and shrubs overhanging sidewalks and streets. Many trees and shrubs in my neighborhood are hanging too low for people and vehicles to pass. Also planting trees that have shorter maximum full growth hights as appropriate under and near utility poles and street lights. 181 Keep adding more trees, as dense as possible. I love the rainforest atmosphere of the PNW 7/20/2023 4:46 PM and it's the main reason I choose to live here. 182 The beauty of Lake Oswego and the reason we moved to Lake Oswego is because city's 7/20/2023 4:46 PM commitment to preserve green space and trees. Last several years, I've witnessed too many trees being removed due to home developers needing to build multiple home. In the long run, this will be harmful for the community both environmentally and financially. Let's preserve our trees. 183 Maintain as many of our established"old"trees as possible! 7/20/2023 4:45 PM 184 Protect our parks and don't let developers and internet/cell companies use our parks and cut 7/20/2023 4:41 PM down our trees 185 Continue to plant Douglas Fir and Big Leaf Maple to mitigate continued loss of our large trees 7/20/2023 4:37 PM 186 Preserve trees but allow flexibility in removing trees and replacing with native trees 7/19/2023 6:05 PM 187 My ideal urban forest would be a mix of old growth& new trees surrounded by native plants 7/18/2023 9:12 PM that help them retain water and keep the soil healthy. I think keeping our tree canopy is very important to keep the serene& beautiful appearance. I would love for our tree canopy to increase&to add in trees that will do well in our increasing warm summers. The new growth would also help to draw down more carbon and continue to keep our air clean. 188 The City of Lake Oswego's community forest is more than trees since it includes multiple 7/18/2023 7:27 PM layers of canopy (trees, shrubs, forts and herbs, vines, etc. and the soil or structural surfaces that support it. An urban forest needs attentive and committed stewardship in this time of 17/86 Lake Oswego Tree Survey challenges with climate change. Citizens desire a healthy, integral, sustainable forest that offers ecosystem benefits for all users--human and creatures. 189 The urban forest is a vital part of our community's lifestyle and natural habitat. 7/18/2023 2:19 PM 190 Healthy, maintained and with a future roadmap to follow 7/18/2023 6:40 AM 191 The vision, if followed, would hold true today. But unfortunately, developers and tax revenue, 7/17/2023 9:26 PM are more important to the city than our trees. This is evidenced by the cities failure to enact a tree code that protects trees. Instead, the tree code favors development of new homes. 192 Stop clear cutting for new development 7/17/2023 5:15 PM 193 That we worry more about human life than the trees... we are going to have a major problem in 7/17/2023 3:47 PM then city if we have a severe weather event- it's only a matter of time. Trees hanging over lines, encroaching on pathways for walking/biking... the overgrowth is horrendous. 194 First of all, there needs to be major changes to the tree code to disallow developers free reign 7/17/2023 3:05 PM in cutting down trees. Along with that, the planting of young trees in no way ameliorates the loss of a mature tree. I also have concern for the natural areas that were saved from "improvement" by a City ballot measure. The citizens voted that those areas should be left as natural areas. I don't want the Forestry Plan to impinge on those areas. 195 Creating and maintaining forests that are healthy, welcoming and accessible. Removing trees 7/17/2023 2:05 PM that are unhealthy or pose a fire hazard. 196 1. Protect the existing canopy 2. Keep canopy well distributed throughout the city boundaries 7/17/2023 10:12 AM 3. Increase impervious surface requirements for all new developments 4. like for like tree replacement where absolutely necessary with minimum size requirements 197 Keep it a forest. Thst is why we all live here. Stop cramming development down our throats 7/17/2023 5:59 AM 198 Stop favoring developers and enforce the tree code 7/16/2023 7:30 PM 199 Trees should be INCORPORATED into new construction, not removed to make way for it. And 7/16/2023 3:40 PM more people should be educated on trees'importance, as well as that of permaculture and a (drought-resistant) native landscape... in lieu of a 1950's turf grass scenario. 200 Plan for management and funding prior to acquisition of new parklands Rate tree species for 7/16/2023 1:53 PM ability to survive with projected changes in climate and 02 release Fund removal of invasive species Require street trees in ROW unless overhead wires do not permit Consider the balance between density initiatives and trees Change the development code to save older trees require planting of native fir, oak, and cedars Reforest parks with dying species faster- Springbrook Park to avoid wild fire risk 201 It's imperative for ensuring the quality of life in Lake Oswego that the tree policies prohibit 7/16/2023 10:35 AM harvesting for the benefit of housing development. This has never been more important than now with climate change. 202 Forcing residents to keep trees and then not affording them access to reasonably priced tree 7/15/2023 8:11 PM care is genuinely short sighted. Trees in setbacks are languishing and will cause serious property damage 203 Keep those big beautiful trees! 7/15/2023 5:57 PM 204 The City of Lake Oswego's community forest is a thriving and sustainable mix of tree species 7/15/2023 5:34 PM and age classes that maintains historic native tree canopy cover that contribute to a healthy ecosystem and provides a sense of place that is Lake Oswego. The forest is protected, valued and cared for by the community as an essential environmental, economic, and cultural asset. 205 Limit removal of trees just for development. Also, trim extensively along roadways where 7/15/2023 2:22 PM electrical kind are present! 206 Let people do what they want on their own property and mind your own business 7/15/2023 1:29 PM 207 The City's tree population is an essential part of our ecosystem providing many benefits. We 7/15/2023 1:08 PM must husband our trees to preserve ourselves. 208 Apply the same values to developers as the City does to individuals on the 7/15/2023 1:00 PM removal/replacement of trees 18 /86 Lake Oswego Tree Survey 209 Less development and less removal of trees for developers 7/15/2023 10:12 AM 210 Protect, Preserve, Restore, and Expand LKOs urban forest. 7/15/2023 8:29 AM 211 The community forest is a vital part of a healthy ecosystem and helps to offset the impacts of 7/14/2023 7:14 PM climate change. Climate change must be mentioned. 212 The City of Lake Oswego's community forest is a thriving and sustainable mix of native tree 7/14/2023 4:22 PM species of varying age classes that contribute to a diverse, native-based ecosystem. The forest uses traditional ecological knowledge, community input, and community needs in order to preserve a vital space for the environment, leisure, and culture. 213 Remove invasive species and underbrush surrounding all of the trees so people can enjoy 7/14/2023 3:06 PM them and walk near them... So many areas with trees in accessible. Cottonwood's taking over waluga West, falling over every season, etc.. 214 A more stringent tree policy so developers can't remove so many mature trees. 7/14/2023 11:11 AM 215 Multi tiered, composed entirely of natives, growing in scale, fully protected from development 7/14/2023 10:36 AM 216 a vibrant ecosystem, respectfully maintained 7/14/2023 10:07 AM 217 We need to maintain the urban forest for environmental, aesthetic, and other reasons, but we 7/13/2023 9:44 PM also need to recognize many trees are much more mature now and pose more threats to fires, solar access, and views. I believe selective thinning is necessary in L.O. 218 A segment of"the community"values and cares for the forest, but not everyone. 7/13/2023 9:08 PM 219 I would like for more large mature trees to be saved when development occurs. Too many 7/13/2023 8:45 PM trees are being cut down to put up housing or city improvements just to make it easier for developers. I would like more areas permanently saved in their natural state for future generations to enjoy. 220 Two items: There needs to be a healthy balance between a health community forest and solar 7/13/2023 12:22 PM exposure for solar generation of electrity. There is as need for balance of the community forest that is better prepared for a warmer climate of the future. 221 As above and add: As we face the real threat of Climate Change, it is more important than 7/13/2023 9:48 AM ever that we protect this valuable asset in our efforts to protect our environment. 222 We'd actually protect trees! The city approves most permits and this is having a detrimental 7/13/2023 8:21 AM impact on our community. Why not ask developers to come up with home plans with a smaller foot print so we can save trees? 223 I would like to see the City of LO not pander to developers who want to cut trees down to build 7/13/2023 7:13 AM HUGE homes...we have a beautiful city and have an oppportunity right now to be at the forefront of fighting climate change and implementing innovative policies to save our trees and fight climate change....it means not allowing private citizens and developers to cut down old growth trees.... 224 Tree removal for developers should be almost completely banned. As should teee removal for 7/12/2023 8:15 PM expanding a single family home. Fines for damaging roots and killing a tree should be steep. 225 To truly value that community forest and do all possible to keep them in place and healthy. 7/12/2023 4:25 PM Challenge the architects and planners to come up with "work arounds". 226 Actively protect the groves and single large, old trees from increasing development to ensure 7/12/2023 12:30 PM our forest is thriving and sustainable. 227 Save the trees. Mature trees are invaluable. 7/12/2023 11:42 AM 228 I would like to see an added component about keeping the trees healthy to help reduce the risk 7/12/2023 11:32 AM of a fast spreading wildfire. Living in California it is overwhelmingly clear that the lack of forest care has contributed to extremely fast burning huge fires. We have to strike a balance between preserving our trees, and culling the ones that may be unsafe to people and their properties. Planting of new trees on new development should reflect the native species that grows in our area. This should also be true for the beautification of our area. Native plants should be a priority. 229 To add to the vision statement above....I would include a phrase related to the sustainable mix 7/12/2023 9:08 AM of tree species...'that emphasize native and drought-resistent trees' 19/86 Lake Oswego Tree Survey 230 1. Preserve our native trees and existing forest area 2. limit and restrict removal of trees due 7/11/2023 11:30 PM to new housing development. 3. Plant more and bigger trees at safe areas for environmental protection for the future 4. Invest in natural area for diversified species and provide habitat for wildlife 5. More restrictions on harmful pesticides and rodenticide that would harm wildlife which in turn disturb the ecosystem 231 The more trees the merrier, they provide essential life for all the earth and removing them 7/11/2023 9:49 PM should be a challenge unless they are a threat to the community or dying. 232 Roads being lined with many local tree species homes with dense trees in their front and back 7/11/2023 9:37 PM yards. City planning revolving around local plant species. I'd ideally like to see 1-3 trees on every property keeping our neighborhood cool and beautiful and our environment clean. 233 I would like to see a greater mix of species and sizes. 7/11/2023 8:26 PM 234 Value and safely maintain existing trees. Encourage and support mixed species and ages of 7/11/2023 7:09 PM trees. Discourage removal of trees while promoting increased planting of trees on private properties and public lands. 235 I would publicly recognize and celebrate the 2007 Plan (its roots), and establishment. The 7/11/2023 1:05 PM success its had and in the media use it to gain in current popularity, Edu, etc. Work builds on the backs, minds, and hearts of people and we can use them as Urban Forest usage stars. Credit our neighborhoods that share county lines. Foster the indiginus, next generation and elders by incorporating a public/private Horticulture Therapy element. It has huge potential here and I would love to help. 236 Maintain the current approach. 7/11/2023 6:20 AM 237 I would like to see the city include more slow growing, long lasting trees that will someday 7/10/2023 10:27 PM becom the heritage trees of the future. 238 I like the look and feel of the trees in our urban forest. I'd like it to stay close to the same. 7/10/2023 4:42 PM 239 Ideally, the trees would be largely native species, suitable to the sites and geological/soil 7/10/2023 10:31 AM conditions. 240 Trees need to be trimmed or removed on a regular basis. Wind and ice storms are going to 7/10/2023 9:09 AM cause a major disaster to property. 241 Trees matter more than big houses. 7/10/2023 9:02 AM 242 limit the government's ability to control private property owners'tree, resend the tree ordinance, 7/10/2023 8:10 AM and let owners decide what, when, and how trees should be cut removed or otherwise taken care of. 243 Preserve as much of the large and older trees as possible. The new homes are being built 7/10/2023 7:11 AM where we have groves and forests. We need to build better protections into the code for large old trees. 244 We are not afraid to put the needs of our natural environment before the whims of people. 7/10/2023 3:42 AM 245 Stop cutting the fir trees. Plan development around them. Much smaller homes 7/9/2023 4:25 PM 246 As climate change takes hold, we prioritize planting species that will thrive in our warmer 7/9/2023 4:10 PM climate for new planting and to replace species that are no longer well suited to our area. 247 Find balance between healthy forests and safety for citizens by allowing right to remove trees 7/9/2023 1:25 PM to property owner 248 planting should focus on native trees, shrubs, and perennials that are best adapted to the soil 7/9/2023 11:42 AM locally, because natives evolved to support native birds, insects, and animals 249 Same as but even more significant going forward 7/9/2023 10:04 AM 250 The ideal Vision would be to put trees before builders. We are losing lots of trees to houses 7/9/2023 9:52 AM that take up whole lots. It's ridiculous. Completely changing what LO has been known for. Soon LO would've changed so much it will not be the same. Native trees, mature trees that ar healthy need to stay. Period. So the vision needs to back the trees. Period. 251 The Lake Oswego urban forest represents a biodynamic asset sustaining and sustained by 7/9/2023 9:06 AM 20/86 Lake Oswego Tree Survey people of all ages. 252 I would keep the vision statement above. 7/9/2023 8:26 AM 253 Trees are a renewable resource and people need access to housing. Save where we can, but 7/8/2023 10:52 PM housing must be priority number one 254 That the city not permit every site to be completely clear cut 7/8/2023 10:02 PM 255 The City of Lake Oswego's community forest is an integral part of it's identity and cultural 7/8/2023 4:21 PM heritage. It needs to be cherished, nourished, and nurtured in a way that it continues to economically and environmentally benefit the current and future generation/residents of this city. 256 The Lake Oswego are dedicated to providing resources for a thriving and sustainable urban 7/8/2023 3:57 PM forest. Placing a priceless value on our healthy ecosystem, the City of Lake Oswego is an essential partner in our ecosystem. 257 The urban forest needs to be cared for by the people whose residences they reside. If there is 7/8/2023 12:45 PM a dying tree or one that is dead, the home owner should be allowed to remove the tree. Also the trees need to be thinned out from time to time and should not have to go through a bunch or red tape to have that done. 258 City of Lake Oswego is tree friendly community allowing as many trees as possible without 7/8/2023 11:13 AM creating a hazardous conditions to private property while keeping healthy habitat 259 The City of Lake Oswego's community forest is valued and protected to ensure future 7/8/2023 10:31 AM generations of people and wildlife. 260 The City of Lake Oswego's community forest is a thriving and sustainable mix of tree species 7/8/2023 9:55 AM and age classes that contribute to a healthy ecosystem. Our trees and woodlands are valued and cared for by the community as essential environmental, economic, and cultural assets." 261 Remove less Douglas Fir, plant more evergreen trees. 7/8/2023 9:33 AM 262 The trees are one of the beautiful benefits of living in LO. we have a special community and 7/8/2023 7:38 AM with developers and or homeowners removing trees just for the sake of removing them instead of working with the is apauling. 263 Greenbelts protected! Prop Owners like One Jeff Apts who slashed MASSIVE amounts of 7/8/2023 7:37 AM trees in 2017 many unecessarily, held accountable for environmental damage. Beauty and Cimate so important!!! 264 Maintain and increase tree canopy city-wide 7/8/2023 6:40 AM 265 Manage tree removal. 7/8/2023 6:29 AM 266 Focus on trees that can survive climate change(ice and heat events), maintain and leave 7/7/2023 10:06 PM more natural areas (don't develop all into developed parks), continue to cherish old trees. 267 Balance development and preservation of our urban forest. Eliminate nonnative and diseased 7/7/2023 9:54 PM trees. 268 After an assessment to take actions to improve the health of our urban forests. 7/7/2023 8:27 PM 269 I would like to protect AND expand existing forests and trees. Limit development. 7/7/2023 7:28 PM 270 I'd like for Lake Oswego to be known as a community that truly values its trees, yet works with 7/7/2023 7:21 PM residents to mitigate or limit potential wildfire damage. 271 A healthy, well-maintained mix of trees by species and age. We have over focused on 7/7/2023 4:24 PM protecting the oldest trees, but need to realize that many are very poorly maintained, and present a threat to property and people. 272 Careful mitigation of old or dangerous trees. 7/7/2023 2:26 PM 273 We need to protect our trees, stop cutting them down, and plan for'more' trees. We should hire 7/7/2023 1:34 PM several specialized arborists whose one job would be to protect and increase the health of our urban forests. 274 The City of Lake Oswego's community forest is a protected and nurtured ecosystem of native 7/7/2023 1:10 PM species that provide shelter for our wildlife, shade for our homes and fresh air for our lungs. We 21/86 Lake Oswego Tree Survey are committed to preserving and growing our tree canopy and finding creative ways to develop land without losing this valuable asset. 275 7/7/2023 12:47 PM 276 Tree code is too stringent 7/7/2023 10:49 AM 277 Lake Oswego needs a better plan for maintaining the urban forest. I live near Iron Mountain 7/7/2023 10:47 AM Park and Beth Ryan Park. Neither are maintained. Overgrowth and out of control ivy raise the risk if there were a fire. The city is more concerned about limited tree thinning on a residence than the health of the forest. 278 'City of Trees'comprised of private and public tree canopies throughout residential and 7/7/2023 10:41 AM commercial areas of the city. 279 I hope that we can provide more education to the public. It seems like homeowners are 7/7/2023 10:15 AM removing healthy trees for no apparent reason. I think some homeowners think that trees are bad near their homes. 280 Ideal vision would be more flexibility to cut down trees. Not so strict. 7/7/2023 10:13 AM 281 Continued preservation of the community forest with consideration for the growing population 7/7/2023 8:58 AM and increased development occurring in the Portland Metro Area. 282 Ideally, Lake Oswego would continue to be an oasis of green. Urban trees and green spaces 7/7/2023 8:49 AM are one of the(visually)striking differences you see in LO as compared to other municipalities in the area. I would like to see the continued support of that vision. 283 Focus on natives and the"right tree in the right place,"especially with consideration of a 7/7/2023 8:33 AM changing climate. Create supports/resources/campaigns around community ivy and invasive removal on private property as well as public. 284 Maintain the NATURAL vegetation. 7/7/2023 8:05 AM 285 trees are too close to many homes, and overgrown or not properly thinned out. Many have ivy 7/7/2023 7:55 AM encroaching other overall health 286 I concur with the existing vision statement 7/7/2023 7:42 AM 287 Actions speak louder than words. When development is involved, trees come down. 7/7/2023 7:40 AM 288 Lake Oswego's forests are threatened by climate change, invasive plant species, drought and, 7/7/2023 7:33 AM in some cases, lack of thinning. 289 Whether in parks or in any other setting, trees are a public asset, and will be protected in the 7/7/2023 7:09 AM matter of invasive vines by volunteers. Those volunteers by definition are self-starting, not to be turned on or off by some gatekeeper. Gatekeepers oif volunteers are a terrible problem when puffed up proudly in an aggrandizing title, and worse when this is with a salary. Workers in our forests must be all-volunteer and fully honored for just showing up regularly in an accountable way. Showing up must be fun, safe, respected, honored-every-time. SOLVE is our example in achieving prosperity of our forests, and broad public happiness of participation. Our leader is David Kleinke, and the region of success so far, is in City of West Linn. Let Lake Oswego volunteers form under leadership of Mike Buck, and by example of David Kleinke and City of West Linn. Let LOPL maintain a Tools Libray resource for individual self-starters well- guided by information resources, working perhaps in their back yards and yet accountable, in finite but perpetual commitment. In City Hall UFP hearings, HOAs are noted as players. I invite early action toward big declarations in 2024, respecting my exempary work in Tryon woods, honoring my example to Red Fox Hills Townhomes Association of resident joy of achievement in a fifteen acre region accessible only from our grounds. Start a practice in SOLVE leadership and HOA engagement. Phillip Norman 503-255-4350 290 Our forest is cared for in light of the changing environment to be heat and drought resistant. 7/7/2023 6:58 AM 291 The community forest is managed to provide a mix of trees that can thrive and adapt to the 7/7/2023 6:32 AM change in our climate. This will require education and am well funded management program. 292 I would love to see a program where residents can get a free native tree to plant in their yards. 7/7/2023 5:36 AM 293 It would be great to see the city honor the statement above by prioritizing trees in their 7/7/2023 12:02 AM development planning. Sidewalks can move around trees, houses/apartments can be built 22 /86 Lake Oswego Tree Survey around existing trees. ""People rely on these forests for their well-being, their culture, food and medicines. The science is clear that keeping them standing is our best bet to prevent climate catastrophe." Richard Robertson 294 The urban forest would not have any invasive species, like ivy growing up the trees unabated, 7/6/2023 9:32 PM and blackberry would be gone. It would have a good mix of tree types suitable for our environment and climate. 295 Diverse ecosystem that is well kept and cleared of underbrush on an annual basis to prevent 7/6/2023 9:11 PM disease, pests, wildfire 296 As Lake Oswego continues to grow, it will be of the utmost importance to protect the existing 7/6/2023 8:32 PM trees. of course, trees can be taken down and new ones planted, but rarely are we planting large trees. The beauty of Lake Oswego is dependent on the large alder trees. It would be very sad to see Lake us. We go become another subdivision looking suburb. Let's protect the beauty we have, and not let developers strong arm the city. 297 Na 7/6/2023 8:12 PM 298 Tree removal only if diseased or a danger/hazard. Removal of ivy from trees on public property 7/6/2023 7:40 PM and in parks. 299 Same 7/6/2023 7:39 PM 300 When providing homeowners with Approval Letters to cut down multiple trees that may affect 7/6/2023 7:18 PM neighboring properties, the city should ensure that the owners of the neighboring properties have notice and an opportunity to object to the letter. I was not given such an opportunity regarding the 2479 Palisades Crest letter and was unfairly treated by Daphne Cissell in that process. Forty trees were cut down over many weeks and have not been replaced per the letter's terms. The city needs to ensure the terms of its letters are complied with follow-up inspections and penalties where appropriate, not just giving simple lip service to protect this vital resource. 100 words are not sufficient to describe the situation. 301 What I love about Lake Oswego is that the integrity of the natural habitat has been maintained 7/6/2023 7:10 PM with homes built to coexist with it. The wildlife and ecosystem in our town is such a precious gift that residents are able to enjoy, and I want to keep seeing that as a priority. 302 Expand and maintain our urban forest to insure future livability. 7/6/2023 6:28 PM 303 Better enforcement of tree removal code....Increase fines for those that do not go through the 7/6/2023 6:19 PM process and arbitrarily take down trees 304 Believe the 2007 vision statement should still apply and each of the stated points should be 7/6/2023 6:15 PM covered in future vision statements such that it is functionally equivalent 305 I think it's important for trees to be properly pruned and shaped every other year. To me this 7/6/2023 6:06 PM keeps the trees healthy and it helps to avoid breakage during stormy weather. 306 Trees lining all streets with climate change in mind that are chosen to be drought resistant and, 7/6/2023 5:30 PM if possible those that are tolerant to wildfire. Some oaks from California may be good choices. 307 Protect big, old trees of all species from destruction by residential and commercial 7/6/2023 5:18 PM development. 308 I would like to see better forest management all around Lake Oswego. Not just parks but 7/6/2023 5:16 PM neighborhoods. Cleaning up dead wood (so much still from ice storm) prescribed burnings and reforestation to keep our forests beautiful and healthy as our climate continues to change. 309 Ideally we continue to car for the older growth around that provides beauty, shade and clean 7/6/2023 5:12 PM air. The ivy around LO is really prevenant and from my POV the biggest threat to the trees we have. 310 Taking care of our trees has become extremely expensive. I would like to see some help from 7/6/2023 5:09 PM the city please. 311 Shade and privacy for all, stewardship for the future 7/6/2023 5:06 PM 312 To plant as many trees as possible as quickly as possible to mitigate the heat from 7/6/2023 4:58 PM anthropogenic global warming. 313 The forestry plan should strike a balance between the urban plan vision and the rights of 7/6/2023 4:52 PM 23/86 Lake Oswego Tree Survey property owners to manage the trees on their property. 314 Trees should be taken care of, not taken down. 7/6/2023 4:42 PM 315 Include"mature native tress provide important habitat and are protected by the city's 7/6/2023 4:37 PM development code" 316 "The City of Lake Oswego seeks to protect its community forest by maintaining a thriving and 7/6/2023 4:18 PM sustainable mix.... The forest is an essential environmental, economic, and cultural asset." (I'm not sure that it is thriving right now, and also not sure it is valued and cared for by the community, at least not in my neighborhood where development has had a very large impact.) 317 To continue to protect and improve the urban forest of Lake Oswego, recognizing that 7/6/2023 4:18 PM protecting the trees and growing the forest will be our survival as our climate warms and we continue to deforest for human development 318 I think the Mt Park neighborhood is taking great care of our forest. Perhaps they could serve 7/6/2023 4:08 PM as a model for other neighborhoods. 319 Save the trees. Too too many are cut down for unnecessary basements. Truly require 7/6/2023 4:04 PM alternative floor plans from developers that save trees. Do not loose any more tree canopy 320 Protect more wetlands, undeveloped areas , community education programs and newsletters 7/6/2023 4:03 PM educating people how to help and get involved in things that will support our green areas and trees 321 Work to eradicate native species, and plant native trees of all types in urban and natural areas 7/6/2023 3:58 PM 322 Stop cutting trees down to build more/bigger houses! Plant more trees proper for environment 7/6/2023 3:55 PM 323 An urban treed environment rich in trees for the NW. 7/6/2023 3:54 PM 324 The trees are routinely trimmed along the power lines. Granted they are trimmed back to a safe 7/6/2023 3:51 PM distance, but they are also trimmed in a most unnatural disfigured shape. Just remove the trees that are hazardous all together. 325 Don't cut down trees 7/6/2023 3:45 PM 326 That it is expanding as well as thriving, and new trees are being protected and encouraged. 7/6/2023 3:43 PM 327 Ideally maintain existing old growth trees and implementing stricter standards for developers. 7/6/2023 3:39 PM 328 Encourage native trees in city natural areas and actively remove non natives. 7/6/2023 3:38 PM 329 (I think the current vision statement is fine, as is.) 7/6/2023 3:37 PM 330 I think the statement above is fine. 7/6/2023 3:34 PM 331 Please save more trees! Stop removing our biggest trees! Development should work around 7/6/2023 3:27 PM them as much as possible please! 332 A focus on trees that are native as well as trees that are drought tolerant. 7/6/2023 3:24 PM 333 The city is letting developers take down too many trees for too big of houses. In one block 7/6/2023 3:16 PM area on Sunset Dr. Over 60 large trees were taken down just to replace torn down houses with larger ones. Now you have given permission to apartment buildings on Lower Boones Rd. In Lake Grove to tear more. 334 DO your job-live the values of your vision statement-too many trees are being removed! 7/6/2023 3:14 PM 335 Allow removel of undesirable species and poorly placed tree's regardless of size! Aim to plant 7/6/2023 3:11 PM the most beneficial species, not just a tree of a certain size. 336 I agree with the current statement. 7/6/2023 3:07 PM 337 I'm fine with the City's vision statement 7/6/2023 3:05 PM 338 Lake Oswego urban forest areas should be manicured and not allowed to grow unfettered for 7/6/2023 3:05 PM decades. 339 Preserve and enhance the green belt in and around LO 7/6/2023 2:56 PM 340 Do everything we can to let our urban forest thrive. 7/6/2023 2:53 PM 24/86 Lake Oswego Tree Survey 341 Lake Oswego encourages healthy and well balanced landscapes that meet community 7/6/2023 2:53 PM members and home owners desired design. Balance is key. 342 Subsidized care for care and and maintenance of trees for lower income folks. Nom toxic weed 7/6/2023 2:53 PM and invasives control. 343 I think it's important to restore and preserve existing forests and to create connections 7/6/2023 2:51 PM between islands of habitat so wildlife can move safely. Paths for people to access forest spaces are important as well. 344 Require all new building remove all ivy; plant only trees and shrubs indigenous to our area. Do 7/6/2023 2:49 PM not allow any builders who defy cutting permits to access future building permits. The trees are what give our community the wonderful aesthetics and natural shade. 345 Plan that leaves heritage trees wherever possible and tracts of undisturbed/ untouched forest. 7/6/2023 2:45 PM Not everywhere needs accessible trails or playgrounds and picnic tables. 346 Manage the tree density to accommodate development but not reduce overall number of trees. 7/6/2023 2:41 PM Assist homeowners in understanding the complexities of maintaining healthy trees. 347 It used to be extremely difficult to remove a tree in LO. Now it is extremely easy. We need to 7/6/2023 2:39 PM go back to making it difficult or we will not recognize our city in near future. 348 Continue to ensure that there is a range of age classes in the urban forest and that our large 7/6/2023 2:33 PM native trees are planted to replace removed trees. My concern is that smaller trees are being used to replace the large specimen trees that are being removed. 349 I think the above statement still rings true. 7/6/2023 2:29 PM 350 Observing the 2007 vision statement would be a good start. Doug firs thrive in groups, such as 7/6/2023 2:28 PM groves. The City has not shown itself to value our amazing mature growth canopy. Downtown and the First Addition have been ravaged, all requests for removal of these trees seem to be granted. The sight of a lone remaining mature tree without its grove is very sad. 351 Having a healthy mix of trees of the right variety to be near homes as well as the home owner 7/6/2023 2:28 PM deciding what to do with the trees on their property that they are liable for. The city also needs to do a better job clearing trees by power lines and trees by roadways that are in danger of falling. 352 I think LO needs to rethink zoning in general, preserving the scale and feel of older 7/6/2023 2:25 PM neighborhoods, and access to affordable housing. Stop building behemoth houses! Make all kinds of regulations, restrictions, penalties, taxes to discourage tearing down older homes and replacing them with office building sized residential properties. That will do a lot to preserve our trees. 353 We need sensible measures to protect and preserve our trees. Remove large trees where there 7/6/2023 2:25 PM are overhead powerlines, as we have had numerous outages due to limbs falling on lines during wintertime. Also, transformer blew and set a large tree on fire. 354 I would like more freedom to remove trees from my property. I have a number of tall firs, and 7/6/2023 2:25 PM one day they are going to fall on someone's house ... 355 Foster increasing and continuing tree care throughout LO. 7/6/2023 2:23 PM 356 A balance between preserving the urban forest while encouraging infill development. Designing 7/6/2023 2:22 PM development to incorporate trees rather than remove them. 357 It needs to be maintained and thinned to address wildfire threats. PGE needs to be trimming 7/6/2023 2:20 PM more. Trees are great, but they need to be in the right places. Ones encroaching on the power lines need to be addressed to avoid a catastrophy. This seems to be a huge blind spot. 358 Stop allowing developers to take down so many trees. They should be able to work around and 7/6/2023 1:46 PM save trees with better house designs. 359 I agree with the current vision statement. Protect the trees! 7/6/2023 1:10 PM 360 Add to the end: that is maintained as a continuous urban forest ecosystem for benefit of 7/6/2023 12:01 PM people and nature 361 Update the tree code to require more and larger replacement trees in the event that a permit to 7/6/2023 10:33 AM 25/86 Lake Oswego Tree Survey cut is issued. 362 Keeping large conifers since they are the basic tree forming the skyline and the feel of Lake 7/6/2023 10:27 AM Oswego. This is one of the primary factors in our choice of Lake Oswego as our home. 363 Maintain an equal or increased carbon sequestation rate within the community. Place a carbon 7/6/2023 8:58 AM sequestation value for each tree. Contract with a carbon exchange company which provides revenue based on sequestation values. 364 The above would be an adequate vision however the city and individuals requesting tree 7/6/2023 7:50 AM removals do not observe or really give much consideration to this vision. 365 One idea I think would help is educating new homeowners about the expectations of clearing 7/5/2023 10:33 PM invasives from their property and protecting the mitigation plants. (This idea is speaking to new homeowners of new construction). Ideally all citizens would have good information on hand to help them understand the importance of dealing with invasives and native plants. Ideally educated homeowners would be a help to a healthy urban environment. 366 ? 7/5/2023 10:31 PM 367 Add something about maintaining or expanding our forest area. The current vision doesn't 7/5/2023 9:27 PM include anything about how much tree coverage there is 368 Take care of, weed, water and address mobility issues in Woodmont Park and various other 7/5/2023 7:54 PM projects that have been neglected. 1.5 million dollars of abandoned park. 369 There are too many large unhealthy trees that threaten our homes and look very unattractive 7/5/2023 7:53 PM 370 Please keep our big trees as much as possible- im so disappointed in the new trees on 7/5/2023 7:51 PM Boones Ferry-it looks discombobulated compared to the old majestic trees that were taken down 371 To look for alternative building plans when development will require removal of large trees. 7/5/2023 6:58 PM 372 Prioritize protecting our healthy trees and get creative with development plans to prevent 7/5/2023 6:34 PM unnecessary removal of healthy, thriving trees. As humans, we need to remind ourselves -we can adapt to a change in floor plan better than we can to a catastrophic climate event. 373 fully prioritize and protect mature, adult trees and wetland areas from excessive removal, 7/5/2023 6:33 PM invasive species, non-ecologically friendly landscaping, etc. in order to better support the active wildlife that are coming to this lake city for shelter as the surrounding areas pave over vital environmental sites and increased human traffic pushes them away. 374 Stop allowing variances to builders! Thanks for your time. 7/5/2023 5:00 PM 375 No cutting trees over 50 years old-we are robbing future generations 7/5/2023 3:47 PM 376 Many of us moved to Lake Oswego for its beauty. A big part of that is the trees. With temps 7/5/2023 1:37 PM increasing the shade of the trees becomes even more important. Trees are a vital part of our health and life force. Anyone questioning please read, The Hidden Life of Trees. 377 To protect our tree canopy. Once they're removed for development, there is no going back. 7/5/2023 1:30 PM Think ahead and protect our environment and our wildlife. 378 I believe that the current statement is ok if the city planners actually followed the sentiment of 7/5/2023 1:24 PM the statement. Currently, the statement is just a bunch of meaningless words with a period at the end. 379 Maintain our tree canopy so Lake Oswego continues to be a pleasant and outstanding place to 7/5/2023 11:31 AM live, we can connect with nature, and enjoy the lovely outdoors. 380 Provide privacy and shade but removal and replanting MUST be allowed per owner's property 7/5/2023 11:08 AM rights. 381 Maintain and hire INDEPENDENT arborists with NO tie to developers, city employees or 7/5/2023 10:37 AM council people. Mitigate by planting some of the BIG trees. Replacing the old overstory with white oak, other small forest trees is not in keeping with historic tree overstory! Keep and preserve old Douglas Firs and Sequoia and seek to protect them! 382 i agree with statement but don't allow people to cut multiple trees to build new houses. also 7/5/2023 10:02 AM look at areas instead just individual properties 26/86 Lake Oswego Tree Survey 383 A moratorium on cutting down significant trees unless a tree's health is compromised. 7/5/2023 9:23 AM Prioritize trees!!! 384 I would not change that statement. 7/5/2023 9:23 AM 385 Preserve old growth trees. Replacing them with sticks is not acceptable. 7/5/2023 9:11 AM 386 Our community forest needs to remain a forest. We cannot get back mature trees once they 7/5/2023 8:48 AM are cut down for development. Someone from the City needs to work with developers to spare and question all trees set for removal and look at alternatives. 387 As climate change accelerates, so will heat, drought, air and water pollution. Trees are one of 7/5/2023 8:40 AM our best mitigators—but only the large established trees. The science shows that young trees and street trees provide minimum if any ecosystem services. The same is true for biodiversity collapse. Trees (especially large established trees) provide essential habitats. 388 Better tree canopy, more native trees, less deforestation. Implementation of staggering 7/5/2023 8:30 AM replacement of trees ie planting/establishing new trees before removing old trees. Filling in more empty space with trees. Better tree health and maintenance. Educate public of benefits, care and importance of trees to our environment, health and aesthetic. 389 If you need to tear down a tree for a home just plant more 7/5/2023 8:30 AM 390 I cannot improve on the current statement 7/5/2023 8:26 AM 391 Continued support for old growth trees and spaces 7/5/2023 8:25 AM 392 Cooling, shade, environment, wildlife habitat 7/5/2023 7:58 AM 393 N/A 7/5/2023 7:37 AM 394 Keep as many trees as possible as neighborhoods develop and change and continue to 7/5/2023 7:30 AM replace those removed. 395 Stricter rules regarding tree removal for new or remodeled homes for both developers and 7/5/2023 7:15 AM homeowners even if it results in smaller homes. We are seeing an increasing amount of trees being removed so the largest homes can be built. 396 Lake Oswego cares for and respects our living forest in an effort to protect our local 7/5/2023 6:40 AM environment and the planet for the next generation(s). Each and every tree is considered a valuable asset. 397 I think Lo has but t000000o much emphasis on building and especially cookie cutter houses. I 7/5/2023 6:35 AM think more effort should take place to require builders be creative with their plans to optimize trees remaining on properties. I recognize times change and a few trees may need to go with rebuilds but the alarming number that are sacrificed just so a builder doesn't have to use a non stock design is shocking. Please do better LO! Or at the least don't post that we are an award winning tree community if we don't actually value the tree more than the$. 398 To maintain our current old growth trees and add younger species to ensure continued canopy 7/5/2023 6:32 AM for future generations 399 Preserve the trees and the environment! 7/5/2023 6:24 AM 400 No more cutting of trees. 7/5/2023 6:19 AM 401 Urban Forest is important part of LO' environment, and is a critical element of the ecosystem - 7/4/2023 12:46 PM our advocacy group LOEJC, defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. 402 Preserve and plant trees. Remove invasive species. 7/3/2023 5:59 AM 403 The city of Lake Oswego must protect and defend a thriving and sustainable mix of tree 7/2/2023 10:13 PM species and classes. these tree species and classes are in danger from overdevelopment, climate change, and invasive species. The forest must be cared for by the community to protect the health and well-being of our citizenry. This is an essential goal of this plan. 404 I like the existing statement. 7/2/2023 9:55 AM 27/86 Lake Oswego Tree Survey 405 Encourage planting of more native trees. Stop making it so easy for developers to remove so 7/1/2023 3:43 PM many large old native trees. 406 Diversity of native plants and fines to owners who do not remove ivy Maybe it will prevent a 7/1/2023 2:53 PM home from being sold or higher raves if they do not remove ivy in a specified timeframe 407 Current vision statement is good 7/1/2023 2:26 PM 408 LO has a unique opportunity to creative and future-oriented by revising the DRC standards and 7/1/2023 4:26 AM updating the tree code to reflect development's effect on trees and natural space. The preservation and health of mature trees needs priority. Current DRC standards do not allow neighborhoods to protect their character verses huge homes. Please address this inequity. 409 It would be protected! Development would happen on a way that preserved as many trees as 6/30/2023 9:08 PM possible 410 It reflects the original environment in Lake Oswego before higher density development was 6/30/2023 8:31 PM introduced 411 The urban forest should be diverse and strong with the ability to withstand high temperatures, 6/30/2023 6:25 PM winds, ice and snow. It should also be able to provide shelter from sun and also give aesthetic benefits to people. It needs to be maintained not just protected ad hoc. Tree requirements for caliper inches should be based on the new tree's ability to survive, not just size. That way new trees that are planted will continue to grow and add to the canopy throughout the city. 412 Add statement re Lake Oswego. It's support as needed 6/30/2023 12:47 PM 413 Diversity but ensuring non invasive plants and/or plants that are not indigenous species 6/29/2023 4:56 PM 414 Increase incentives to keep all health, established trees but especially large, healthy old 6/29/2023 4:56 PM growth trees. Give developers incentives to keep more trees. Update tree code to make it more difficult for NEW developments to remove trees. Encourage bridge foundations. 415 Reduced number of diseased trees &trees over 40 ft tall 6/29/2023 3:32 PM 416 To continue to be prosperous 6/29/2023 3:04 PM 417 Take down the trees! The pruning of hacking off the tops of trees is ugly and dumb! This city 6/29/2023 9:39 AM has plenty of trees and each day as I drive Southshore, Lake View, Country Club and my own street there are trees leaning or branches hanging out over the roads! They are covered with ivy and not even attractive! I imagine it won't be until one of the trees drop and kill someone that the city will do something! Each year it seems the city is paying tree companies to"trim" the trees! Here's a concept... take the trees down so those same trees aren't being"trimmed" every year! By removing trees the pretty, not dangerous trees can get some sunlight and allow for deeper stronger roots! Tree are beautiful and important but this city has taken its tree hugging too far! Get rid of some trees! 418 Stop removal of Old Growth trees to build multiple house complex homes. 6/29/2023 7:18 AM 419 All mature trees are left alone to the largest extent possible. 6/28/2023 6:16 PM 420 We should focus on preparing for a climate-changed future by increasing canopy of native and 6/28/2023 3:20 PM drought-tolerant species throughout the city. 421 The urban forest is managed and maintained in such a way that it contributes the livability of 6/28/2023 12:33 PM community through positive impact on the environment and quality of life for all residents 422 Less mature tree removal due to housing development 6/28/2023 12:28 PM 423 Stop allowing the cutting of old/ large trees if there is no damage or disease. Stop allowing 6/28/2023 12:00 PM golf courses to cut trees! Trees over 15' that are removed should be replaces by LARGE box trees at owners expense, within 6 months. 424 The urban forest prepares for a warming climate, balances the need for affordable housing and 6/28/2023 11:11 AM density, provides shade and cooling, and substantial tree cover. 425 A more strategic and context-based approach to what trees stay and which ones go. Some 6/28/2023 10:06 AM trees can be replaced with natives. cutting down a tree could allow a home to run on solar. We should practice a responsible approach to urban forests that considers the scenario and encourages planting natives instead of criticizing every tree removal. 28/86 Lake Oswego Tree Survey 426 Maintain and grow urban forests for future generations 6/28/2023 9:48 AM 427 Natural settings with accessible pathways and integrated educational facilities. The forest 6/28/2023 9:42 AM should easily integrate with the daily lives of the community. 428 continually planting native species while allowing trees that are so large& old that community 6/28/2023 9:24 AM property owners need/want to remove. Difficult balance I know 429 Much of our tree canopy seems to be disappearing either due to development or aging. As 6/28/2023 5:48 AM climate change increases diversification of species will be important. Ivy is a significant problem in parks. 430 We will stop cutting down trees because replacing a 100 year old fir tree with something from a 6/27/2023 7:31 PM local nursery is a joke. 431 No change 6/27/2023 6:12 PM 432 Over trees to support wildlife and protect environment. 6/27/2023 4:32 PM 433 The Urban Forest is essential for the health and well-being of the human and animal 6/27/2023 3:40 PM community of Lake Oswego. The loss of the Urban Canopy is an existential threat to our very survival. The Urban Forestry Plan is a blueprint to direct the city in the protection of its urban forest habitat. The plan prioritizes the health of the urban forest and describes the care that we as citizens of Lake Oswego must take to protect that health. The plan should inform good building practices, building codes, and care of the forest to preserve this precious resource. 434 Lake Oswego's community forest is not thriving and likely not sustainable. We need to take 6/27/2023 3:23 PM actions to make the community forest as resilient as possible to temperature increases, pests and diseases, and other environmental stresses. This will likely mean planting new tree species that are drought tolerant and able to defend themselves against pests and diseases. 435 Preserving mature trees, particularly our stand of tall Douglas Fir trees 6/27/2023 3:19 PM 436 The City of Lake Oswego's community forest is a thriving and sustainable mix of tree species 6/27/2023 3:04 PM and age classes that contribute to a healthy ecosystem. The forest is valued, cared for and protected by the community as an essential environmental, economic, and cultural asset. 437 I see a mixture of native growth of varying maturity to create a bio diverse habitat. It is valued 6/27/2023 2:55 PM and cared for by the community and is an essential part environmental, economic, and cultural asset. 438 Provide better management of the trees in our parks. Esp. Springbrook park. 6/27/2023 1:07 PM 439 Have as many trees as possible along with a proper budget for maintenance, clean up, 6/27/2023 12:48 PM clearing, watering/nutrition, etc. to keep a healthy biome. 440 Ideally, Lake Oswego's urban forest is valued for its diversity, resilience, and contributions to 6/27/2023 11:58 AM community health and well being. In every measure, the city's urban forest is increasing in health and vibrancy as compared to the previous millennium. 441 The vision provided is great. 6/27/2023 11:19 AM 442 Ideally it would take into account the consideration of more preservation of trees with regards 6/27/2023 10:52 AM to real estate development 443 I cherish the large, old and HEALTHY trees we have. When trees are sick they must be 6/26/2023 10:58 PM removed so as not to infect other trees, and to avoid property damage from falls. The current rules have us keeping sick trees for too long. Once a tree is in irreversible decline it must be removed. Our tree code should keep the healthy trees and remove/replace the sick trees. Also, there's a double standard: The sick trees stay in place for a long time while the City and Builders remove too many healthy trees (golf course is but one example) in the name of "progress" 444 Keep it clean and managed 6/26/2023 9:52 PM 445 No comment 6/26/2023 9:30 PM 446 I'd like to see a sincere effort to maintain and nurture existing large trees and an educated 6/26/2023 9:10 PM effort to plant trees that can survive in coming years of a hotter planet 447 My vision includes groves and parks where the giant old trees are allowed to grow and then a 6/26/2023 8:55 PM 29/86 Lake Oswego Tree Survey secondary collection along all streets, residential and business, where a mix of well managed trees can provide for shade and aesthetics. 448 For land use development applications it should be required that property owners/developers to 6/26/2023 7:31 PM downsize their proposed build structure portion of their application in order to save and protect trees whether insignificant or significant. Further, go on to relook at the current LO Tree Code. This code should also apply and include commercial developments. 449 In matters of strangulation by invasive vines, let volunteers freely participate, such that no tree 6/26/2023 6:48 PM of significance is uncared-for. 450 Preserve as many trees as possible while continuing to plant more. 6/26/2023 6:46 PM 451 Street trees in right of way need to be trimmed (remove dead limbs &thinned to minimize 6/26/2023 6:26 PM wind/winter damage). 452 I agree with the 2007 vision. 6/26/2023 5:53 PM 453 The City should concentrate of City property and allow private property owners the freedom to 6/26/2023 5:44 PM develop their property as they see fit. 454 The city needs to listen to the homeowner and their needs. Especially if trees are damaging 6/26/2023 5:25 PM the foundation 455 We should rationalize the size and footprint of new homes being built from existing lots. 6/26/2023 4:29 PM Keeping the trees on the lots must receive higher priority. Developers should have to place keeping trees alive and in place as part of the permitting process and provide serious alternative plans to do so. 456 I think that's pretty much still true. Need to account for climate change, though. 6/26/2023 3:47 PM 457 Add to last sentence"in balance with development desires." 6/26/2023 10:42 AM 458 City does everything to protect remaining trees. Developers need to substantiate why they 6/26/2023 10:42 AM have to cut a tree down, not just default on an "unenforceable tree code" 459 healthy ecosystem is key with varieties and native species -drought resistance is critical as 6/26/2023 10:31 AM well with the encroachment of climate change 460 The City of Lake Oswego's community forest is endangered by human activity, specifically lax 6/26/2023 10:30 AM code which enables developers virtually remove any tree they deem in the way, and overall climate change. If we as a community truly value our urban forest, we will enact code change to restore decision power of tree removal to the community. 461 It must be a high priority that all trees 20" in diameter or larger simply cannot be removed 6/26/2023 9:31 AM unless they are literally dead or manifestly dying. 462 Prioritizing old mature trees, especially the large Douglas firs. The city has a reputation of 6/26/2023 8:52 AM valuing trees but since I've moved here I've noticed it's lip service. We don't have to choose between trees or people—there can be both. 463 Proactive maintenance of big native trees. Stop planting invasive species of trees and plants. 6/26/2023 7:51 AM Mitigate even dying and hazard trees. Mitigate removal of big natives with big natives only. Move type II tree apps into preapp. 464 Would love for various mitigation options relative to proposed tree removal. Replacement 6/25/2023 10:47 PM dwelling sites with existing small homes or vacant lots should not be held to the same tree standards as replacement dwellings with large homes as the area for development in relation to trees is not as large or even realistic. 465 The city does not appear to uphold or honor the forestry plan. The city allows developers to cut 6/24/2023 7:58 AM down all trees for ease of building. In addition there is no follow through on ensuring the mitigation plans are adhered to when taking down trees. 466 Keep as many trees as possible while allowing for growth in residential housing. Strike a 6/22/2023 5:57 PM balance. Incorporate felled trees into the environment or use them for neighborhood enhancements such as benches, sculpture, etc. 467 The vision should include more protections for older, developed trees, even if new ones are 6/22/2023 4:22 PM being planted, because the are better for carbon capture, aesthetics, the soil, and environmental protection. 30/86 Lake Oswego Tree Survey 468 The urban forest is a sustainable and thriving mix of tree species and healthy soil that 6/21/2023 5:46 AM contributes to a balanced ecosystem in cooperation housing, human health and community livability. 31/86 Lake Oswego Tree Survey Q4 Please rate your level of agreement with the following statement: "I think Lake Oswego's Tree Code is effective at protecting and preserving trees." Answered: 574 Skipped: 8 I Strongly Agree ■ Agree Neither Agree ■ nor Disagree Disagree Strongly Disagree I have no ■ experience w... I'm not sure . 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Strongly Agree 7.67% 44 Agree 17.94% 103 Neither Agree nor Disagree 7.84% 45 Disagree 25.26% 145 Strongly Disagree 25.26% 145 I have no experience with the Tree Code 9.76% 56 I'm not sure 6.27% 36 TOTAL 574 32 /86 Lake Oswego Tree Survey Q5 Have you ever applied for a tree removal permit? Answered: 578 Skipped: 4 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 50.00% 289 No 50.00% 289 TOTAL 578 33 /86 Lake Oswego Tree Survey Q6 What type of tree removal permit were you seeking? Answered: 272 Skipped: 310 Type I Type II Hazard Tree Emergency Permit Invasive Permit Verification Permit Topping Permit I Forest h Management... I don't know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Type I 24.26% 66 Type II 28.68% 78 Hazard Tree 47.79% 130 Emergency Permit 4.04% 11 Invasive Permit 13.97% 38 Verification Permit 2.57% 7 Topping Permit 1.47% 4 Forest Management Permit 0.74% 2 I don't know 19.49% 53 Total Respondents: 272 34/86 Lake Oswego Tree Survey Q7 How would you rate the removal permit application process? (Select all that apply) Answered: 273 Skipped: 309 The removal permit... I had some questions,b... I was confused by the remov... My application was rejected... Something else (please... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES The removal permit application, required documents, and process was easy to understand 32.60% 89 I had some questions, but generally understood the removal permit application, required documents, and process 39.93% 109 I was confused by the removal permit application, required documents, and process 10.26% 28 My application was rejected because my removal permit was incomplete 0.00% 0 Something else (please specify) 17.22% 47 TOTAL 273 # SOMETHING ELSE (PLEASE SPECIFY) DATE 1 Prof. Arborist submitted 8/21/2023 5:48 AM 2 Over 20 years ago--the process may have chcanged 8/20/2023 5:19 PM 3 Applied first as an emergency permit but then had to apply for a hazardous permit. What?? It's 8/20/2023 4:49 PM either a hazardous or emergency but how is it both? 4 I applied for certain tree removal(s)& it was easy. An arborist helped me apply for other 8/20/2023 3:56 PM requests. 5 Mitigation criteria should not be 1:1 removal/replace. Existing tree density should be a factor 8/20/2023 3:48 PM 6 process was too cumbersome and should be streamlined. no neighbor review. If you qualify 8/5/2023 3:18 PM you qualify 7 I relied on an arborist 8/4/2023 5:34 PM 8 It was fine. THe tree was dead and I had to pay$20 seemed like a money making scheme 8/4/2023 12:31 PM 35/86 Lake Oswego Tree Survey 9 I had to wait a year to get pictures to prove the condition of the trees and the continued 8/3/2023 4:32 PM damage to my house and deck. The trees were 30-year old alders. Please have someone who knows tress make decisions. Somehow, my arborist's word/documentation wasn't good enough. Seriously. 10 too hard to remove trees on my property 7/28/2023 9:04 AM 11 Lengthy and cumbersome. 7/25/2023 1:54 PM 12 has been a while 7/25/2023 1:47 PM 13 The tree trimmer applied. 7/24/2023 6:00 PM 14 A tree company did it for me 7/24/2023 4:40 PM 15 I feel the permit process was too broadly reaching and allowed excess public opinion on my 7/22/2023 4:44 PM own personal property. I don't think it is fair that individuals who spend their personal time to fight every tree permit in the city such have such an influence on my own personal property. If they rules are clear what a homeowner or large parcel property owner has has to follow(that is FAIR)outside public opinion on ones personal property should not influence an approval. Let the city arborist/tree management officials make it 16 It's considered double taxation 7/21/2023 9:32 AM 17 I understood what was needed but the process was arduous. I was just trying to remove some 7/21/2023 7:26 AM old ornamental pear trees which were right under the power lines. Finally received a permit after second try. 18 A disregard for home owners needs for safety. 7/20/2023 5:46 PM 19 Has a non native tree at 45° growing over a structure and requested cut and replant with native 7/19/2023 6:23 PM tree . All I got was rejection after rejection. Never any suggestions on what to do. Meanwhile my parents old property had DOZENS of 60+ yr old native trees cut down. 20 I thought the process was unnecessarily complicated 7/17/2023 3:14 PM 21 It's ridiculous and people should be able to remove trees on their property that they've spent 7/15/2023 1:31 PM hundreds of thousands of dollars on 22 The permit was too easy to get and didn't require a committee review 7/15/2023 8:35 AM 23 It was too much for me to handle so I asked our tree person to do it for us 7/14/2023 3:10 PM 24 it was easy as the tree was hitting my house--very long time ago 7/12/2023 9:12 AM 25 The arborist completed my permit application, so I don't know what the process is 7/11/2023 11:34 PM 26 I have been around the permit process in several kinds settings. I recall one being easy for us 7/11/2023 1:32 PM but I was a contractor and just picked it up. 27 Should not be within the Government's scope of responsibility to govern trees on private 7/10/2023 8:32 AM property 28 Too cumbersome. More rights to property owners 7/9/2023 1:28 PM 29 it was a serious hazard, but your tree guy disagreed so i had to pay for professional opinion. 7/9/2023 10:19 AM 30 I applied for tree removal permits in Multnomah County when I lived there. It was for seven 7/7/2023 10:18 AM nuisance trees that were on my property. It was easy to apply for the permit and get approved. But I'm not sure how relevant that is since it was multnomah county. 31 Originally it seemed simple, the rejected, the resubmitted per request, then rejected, then 7/6/2023 5:50 PM resubmitted something silly as requested, and approved. It was stupid! 32 I would like someone from the city to come and access my trees. 7/6/2023 5:15 PM 33 It was rotten and we still had to hire an arborist to verify 7/6/2023 3:26 PM 34 The permit process requirements did not consider species, level of decline, future problems , 7/6/2023 3:23 PM all allowing replacement of better trees. Very short- 35 The removal permitting process is easy to understand, however it is unnecessarily strict for 7/6/2023 2:59 PM 36/86 Lake Oswego Tree Survey private property 36 Too easy to get approved 7/6/2023 2:46 PM 37 The questions on the type II application is excessive and not needed. 7/6/2023 2:41 PM 38 HOA submitted permit to remove three trees shading my home. All were healthy. I objected. 7/6/2023 9:21 AM Objections denied. Trees were cut down. No air conditioning, My home is now 15 degrees warmer in summer. Thanks a lot! 39 Arborist handled process 6/29/2023 3:36 PM 40 The requirements for a removal permit were too strict and unrealistic. 6/29/2023 6:13 AM 41 Arborist handled process 6/28/2023 5:55 AM 42 It's effectively a revenue stream for the city that does little to actually preserve trees. 6/27/2023 7:37 PM 43 Certified Arborist submitted my application 6/26/2023 11:08 PM 44 I had a dead tree. Seemed like the city only wanted my$20 6/26/2023 9:56 PM 45 In the end good but excessively cumbersome and expensive. 6/26/2023 5:54 PM 46 Takes to long and the staff has major attitude 6/26/2023 5:28 PM 47 The process is fairly clear but the steps involved prolong the review process by a significant 6/25/2023 11:00 PM amount and a lot of the application is left up to staff interpretation. The Type 2 process is very flawed definitely needs a re-boot. 37/86 Lake Oswego Tree Survey Q8 Do you have any comments about the tree removal permit process? Answered: 425 Skipped: 157 # RESPONSES DATE 1 It's easy for developers to remove trees in the way for large projects, but hard for homeowners 8/21/2023 8:13 AM to remove their own trees in their own yards. Sometimes a tree seed is dropped or you planted a tree that is no longer working for you in your yard. It would be nice to have to ability to easily remove a tree, you planted and now wish to remove for whatever reason, on your own property. 2 The process was well-managed. I do believe developers and homeowners are treated 8/21/2023 7:34 AM differently however, and developers get preferential treatment. 3 After discussing this with several neighbors, you appear to be much harder on its application to 8/21/2023 7:21 AM individual, existing homeowners then you are with builders and developers. As soon as their lawyers threaten, you cave in, on so many issues. 4 One tree under 15"diameter at 6' height should be allowed to be removed annually by 8/21/2023 5:48 AM homeowner. Current Process is too restrictive. Onerous process results in needed removals not happening. 5 Not at this time 8/21/2023 5:43 AM 6 No 8/21/2023 4:46 AM 7 There should be a policy that applies to all permit submittals. There should be a requirement 8/21/2023 1:07 AM that the design ALWAYS considers the existing trees and designs around all substantial trees. There should be a strenuous threshold for anyone suggesting there is a hardship and an exception should be made. The city should be militant about protecting the trees. Housing AND trees should always be the goal. Not housing instead of trees. The city seems to apply the permit requirements inconsistently across the board. 8 I just don't think it should be something that should be so easy to get a permit for. Removing 8/20/2023 10:19 PM trees, that is. 9 The tree removal process is harder for a property owner than a developer. It is so unfair that 8/20/2023 10:11 PM developer can move into our community that is known for its trees and cut them all down. This has got to stop. Lake Oswego"Tree City" award should to taken away. It is so hard to live in a city that is so clearly in favor of developers. 10 The City is allowing developers to cut down most or all of trees for properties being developed. 8/20/2023 10:09 PM The City should record how many trees are cut every year and compare that with the total inventory to track the percent loss of trees each year. 11 Takes a long time when the tree has been dead awhile. 8/20/2023 7:50 PM 12 I believe that developers have too much leeway to remove nearly all significant trees on a 8/20/2023 6:39 PM property. When projects are currently reviewed the number of tree removals seems to only include the specific phase of the project (eg sewer installation) rather than a total account of all trees. There are many ways to retain more trees for community benefit when evaluating a property/ project in its entirety. 13 Balancing development with sustainability is very difficult. But, replacing legacy trees with 8/20/2023 6:37 PM small deciduous trees is not like for like. The city must do a better job of not allowing developers to piece-meal their removal permits. Far too often, we see tree removal applications occur in stages which seems to be"tricking"the public into thinking that tree removal is not as egregious. Mature sizable tree removal permits should be exponentially more expensive in order for developers to better consider the cost of tree loss to the general public. 14 It should be stricter, delimiting tree removal. "We never could design a building as beautiful as 8/20/2023 6:28 PM the trees."—Portland Architect Pietro Belluschi 15 Not yet. 8/20/2023 5:25 PM 38 /86 Lake Oswego Tree Survey 16 No 8/20/2023 5:19 PM 17 None, other than it seems more trees are being removed for the sake of development. 8/20/2023 5:12 PM 18 The city seems to favor development and developers over our our trees. Planting a new tree 8/20/2023 4:49 PM does not replace an old tree which takes decades to grow to their current heights. 19 Favors wealthy developers who know how to use the current language in the permitting 8/20/2023 4:49 PM process to remove trees 20 For my purposes, removing 2 dead trees, the process was very smooth. 8/20/2023 4:44 PM 21 No 8/20/2023 4:42 PM 22 No, since I have never applied for a permit 8/20/2023 4:32 PM 23 Developers know how to work the system and clear cut lots. 8/20/2023 4:15 PM 24 no 8/20/2023 4:09 PM 25 No one but a developer would receive permission to remove 33+trees, most of which are Doug 8/20/2023 4:09 PM Fir, many of which are considered"significant"by type II code, as recently occurred with the Habitat for Humanity development. This is not an isolated instance either. Tree code exists to reasonably preserve resources for the community, not to be ignored for development. 26 No 8/20/2023 4:02 PM 27 When replacement trees are required as part of the removal process, I think developers should 8/20/2023 3:56 PM be guided on tree placement. I live next door to property where trees were removed as part of a flag lot development. There really weren't any good areas to place the new trees so they are jammed on a small strip running along the driveway...and touched my fence when they were planted. If this was an arborvitae, I would have no problem with that. But these are maple trees which were almost immediately too big for the spot as well as compromising the long-term condition of my fence. So, just requiring a tree to be replaced is not enough...the property should be able to accommodate the replacement tree. 28 The amount of Douglas Firs that LO is approving to cut down is appalling and ludicrous. And it 8/20/2023 3:53 PM seems that anyone that is in a neighborhood but unincorporated doesn't even have to apply. The lot next to me was sold with the MLS description touting how easy it would be for the buyer to get city approval to remove their fir trees to develop the lot. It is just downright greedy and disrespectful how these lots are being developed with so little regard as to what makes our neighborhood special: the trees and their wildlife. 29 Mitigation criteria should not be 1:1 removal/replace. Existing tree density should be a factor 8/20/2023 3:48 PM Apply penalties or stronger penalties for developers who raze and remove all trees 30 I have been involved in our neighborhood association for over 12 yrs. I've reviewed many tree 8/20/2023 3:42 PM removal applications from developers as well as private home owners. It seems odd to me that it is consistently so difficult for a private homeowner to remove a tree while it is so easy for developers to take out dozens. Additionally, the fines for taking out trees illegally seems to be low enough that some developers seem to simply include it in their budget as, "cost of doing business". New development is inevitable and can improve the value of the property. However, by removing so many trees to accomodate the development (often for oversized homes)you are reducing the quality of the neighborhood overall. Please visit Glen Haven Rd. between Canyon and Fernwood. Our street that was formerly full of trees is now full of cookie cutter builder level homes where almost all the trees were removed from the building site. I urge you to find a balance re: tree removal and also increase the fines for healthy, non-invasive trees that were taken out illegally. Example, among others: new home on the corner of Fernwood and Greentree Rd. Also, replacement trees are often not equitable to those removed. A couple of dogwoods, while pretty, in no way replaces the tree canopy, animal habitat, shade and neighborhood character that a mature dogwood, pine, oak or similar tree, even when mature. Also, there is little oversight as to the ongoing health of the replacement tree and/or subsequent removal of the tree within a few years of being planted. 31 Make it easier Afraid to ask based on friend's experience and need to 8/20/2023 3:27 PM 32 For invasive trees (sweet cherry)and hazard trees, the permit process was quick (less than 1 8/20/2023 3:22 PM day) and the staff, very responsive and helpful. 33 Lots. It is way too weak. Mitigation measures are woefully insufficient, especially for the 8/20/2023 3:12 PM 39 /86 Lake Oswego Tree Survey removal of multiple trees. It doesn't matter if it's a small or large DBH tree removed, it is not scaled, and you only have to replace the removed tree with a one young tree or a small payment, regardless of the size of the extracted tree. No consideration on tree canopy removal, or the negative impact of removing trees on the remaining trees. Also, mitigation is not required in the same area and is too often provided far away, thus altering neighborhoods. The measures in the code are too subjective, and extremely hard to assess, such as impact to the skyline. Suggest looking at the City of Portland's or the City of Palo Alto's tree code. 34 No as I really don't know much about it. However we do have some lovely tree filled areas in 8/20/2023 2:46 PM town. 35 These permits do not do enough to consider the overall impact of tree removal on the 8/20/2023 2:44 PM surrounding area. Plus, tree-keepers should be rewarded for their environmental contributions to the community! Furthermore, developers seem to have an ecocidal approach to development, meaning they completely wipe out the trees on a property before they develop the land. Then we lose our big trees and especially our evergreens! Why can't they be required to find ways to work around the trees, especially the large trees? 36 It is not kind to homeowners 8/20/2023 2:05 PM 37 No 8/20/2023 1:05 PM 38 I was denied the removal because of aesthetics to my waterfront neighbors. I was going to 8/20/2023 12:41 PM mitigate it with a prettier tree. I see what is going on today and it was very biased in favor of builders. No to homeowners and yes to builders. 39 No. 8/20/2023 12:40 PM 40 More strict laws 8/20/2023 11:55 AM 41 The staff at city hall were extremely helpful. The process was quick and easy. 8/19/2023 8:28 PM 42 No 8/19/2023 7:32 PM 43 No 8/19/2023 4:24 PM 44 No, but that is because we are officially in the county and do not need a permit. 8/19/2023 9:04 AM 45 Please make construction companies comply with the permitting process. I was told by the 8/19/2023 8:07 AM person who worked there that they cut first, pay fines later. Disallow anyone who does this from building here for a time(maybe a year) 46 It seems fair to me. 8/19/2023 7:53 AM 47 That process works for private residents. But there is very limited tree removal in Springbrook 8/18/2023 11:13 AM Park which was severely damaged by the ice storm 2 years ago 48 Limit removal of mature trees and require equitable replacement/mitigation whenever mature 8/18/2023 11:06 AM trees are removed. 49 I thought the city arborist did a good job explaining the various options for removal 8/18/2023 9:34 AM 50 The process must take into account the risks of the trees e.g. property, power lines, and the 8/18/2023 8:51 AM impacts of drought. 51 Mainly where to locate, what type of trees as replacement, would be helpful. 8/17/2023 12:10 PM 52 If it is easy to remove trees then I would it make harder. 8/17/2023 11:42 AM 53 N 8/14/2023 10:24 PM 54 We are in an up and coming area where the trees mean so much and yet because people want 8/14/2023 6:59 PM to. expand homes the whole neighborhood loses atmosphere and animals lose their homes. 55 It doesn't appear that neighborhood comments as part of approval process carry weight. DRC 8/14/2023 12:43 PM and City Council members are dismissive and have communicated that the process is a nuisance to them, alienating and discouraging a large portion of the community from involvement as citizens. Members of DRC and City Council are not asked to visit sites as part of appeals process. The Tree Code needs to be ammended to discourage removal of large trees for private and public development. 56 Seems efficient 8/14/2023 9:37 AM 40/86 Lake Oswego Tree Survey 57 I didn't know there was one 8/13/2023 4:39 PM 58 Was a reputable tree company and they helped educate us --a good process overall. 8/13/2023 2:12 PM 59 No 8/12/2023 3:14 PM 60 No 8/12/2023 1:44 PM 61 not yet 8/12/2023 1:11 PM 62 No 8/12/2023 12:38 PM 63 It's laughable. Anyone who wants to remove a healthy tree to improve their view, build a patio 8/12/2023 12:31 PM or construct a new McMansion will have no problem convincing the city to allow it. In the event a tree-removal permit is denied, the applicant keeps looking until they find someone who will say the tree has a disease, pest or fungus requiring its removal. And it seems the city has given larger home developers a free pass when it comes to tree removal for the sake of building yet another giant home. 64 I know nothing about the tree removal permit process. 8/12/2023 10:27 AM 65 the type ID is a bit confusing. It's super helpful that the representatives at the city are helpful 8/11/2023 6:08 PM and hope they keep in mind the added value that they can provide residents.. the process is a bit overwhelming to those of us who aren't developers. 66 Worked well, city employees were all helpful 8/9/2023 1:39 PM 67 Developers are removing too many trees. Don't replace paradise with parking lots 8/8/2023 5:56 PM 68 The city always allows developers to clear lots of trees. They are replaced with home depot 8/6/2023 12:11 PM trees in 5 or ten gallon pots. 69 keep forest management permit. helpful for large property owners to maintain their property. 8/5/2023 3:18 PM Eliminate neighbor review for certain permits. Continue to protect the city and the beautiful trees within reason 70 No 8/5/2023 2:44 PM 71 It was awhile ago but easy 8/5/2023 1:48 PM 72 I am tired of the"business-friendly" approach currently in place. It reeks of greed and short- 8/5/2023 11:45 AM sightedness. 73 No 8/5/2023 11:37 AM 74 Requiring the addition of a small tree to replace a huge one does not go far enough. Maybe 8/4/2023 5:34 PM need more discussion especially to take down trees to build huge houses. 75 N/A 8/4/2023 4:26 PM 76 I have been involved in the process which was very instructive. The developers wished to 8/4/2023 4:17 PM clear cut 8 trees for two new houses The neighborhood's objection to his not even trying to find an alternative plan that would have saved at least some of the trees, he of course got his way even though the code required him to but at the end of the day, there was an out for him and the trees came down. The same thing happened on D Avenue where a home owner was allowed to take down to make his garage bigger instead of revising his plans. There are people in my neighborhood who have spent years attending tree meetings and city meetings. They have educated themselves on every aspect but they have no say. They believe that the City wants to hear from them. It's a waste of time until the code puts some teeth in the code. 77 Developers have no restrictions on removing trees. Developers should be restricted to the 8/4/2023 2:11 PM same tree removal standards residents. No more, no less. 78 When a tree is dead, it should not require me to pay the city to remove it (I have to pay 8/4/2023 12:31 PM someone to remove it on top of that). Money making scheme. 79 Type II Tree Removal Applications should require an arborist report and engineering report 8/4/2023 9:23 AM when applicable. Actual to scale site plans should be required to show the exact location of the tree(s). In regards to development; tree removal should be discussed in a pre-application hearing instead of filing tree removal applications when plans are too far along, and it's too late 41 /86 Lake Oswego Tree Survey for the trees. In most cases when a tree removal application is appealed to the DRC, the appeal is denied. 80 Seems to delay cutting heritage trees, but development money ultimately wins out. 8/3/2023 9:34 PM 81 Few people obtain permits. It would be nice to have the arborists require a copy of the permit 8/3/2023 4:32 PM on record before beginning work 82 No 8/3/2023 8:52 AM 83 It should be harder for developers who are profiting from the removal of a tree. Native trees 8/2/2023 6:18 PM (Oaks, Spruce, Redwoods, Douglas Firs, big leaf maples)should enjoy more protection than other species. 84 Trees should not be removed unless they are diseased. 8/2/2023 11:25 AM 85 No 8/2/2023 9:45 AM 86 Just right. A good balance. 8/1/2023 3:42 PM 87 It seems too permissive based on the declining number of trees in First Addition. 8/1/2023 11:28 AM 88 Our tree removed was a 70 foot old ragged crab apple-missile tree on the SE side within 5 feet 8/1/2023 11:07 AM of the street. It enabled and made more efficient 54 solar panels on my house which avoid 415 trees of CO2 every day and year. I also planted 20 trees on my lot--some low south side, most cedar North side and I already have over 100 large trees on the East and North side of my lot. So my tree removal INCREASED the positive effects of trees by over 500 fold. PUT That in the tree code. 89 It should cost more to cut down a large tree. 7/31/2023 10:43 PM 90 I've been intimately involved with the project and the city seems to only respond to the dollar. 7/31/2023 9:19 PM In other words they cave to developers. 91 Please see my previous comment. There are a lot of issues tied to the tree removal process. 7/31/2023 7:54 PM For example, decisions on whether or not to approve a permit should be handled by a neutral party. Also, the DRC members should visit sites and be required to read comments of residents. Also, it would help implement disincentives that discourage people from cutting down trees like a much higher fee. Don't allow complex reinterpretations of terms like"Street trees". Clarify definitions of Tree Code related terminology. Require developers to present alternative plans and require them to implement that plan. Reword the Tree code so that it's more difficult to get a permit if the reason given is "for the purpose of development". 92 I reveiw these for our Neighborhood Association and we see a lot of people removing large 7/31/2023 5:26 PM trees for marginal reasons. It is the homeowner's property and I want homeowner's rights. But the language on the form itself leads to mushy logic and permissive results. There is not a clear decision making tree(no pun intended)that tells people if they really should or should not be taking down a tree. The problem is that it then falls on the NA to do enforcement and challenge our neighbors on the validity of their requests instead of it being handled in the code and by the application itself. Tighten up the language and when it is and is not permissible to take down a tree. Quit passing the buck to the citizens to be the bad guys. 93 Too complicated Too strict 7/31/2023 4:00 PM 94 Consider adjusting healthy tree removal fees to reflect cost benefits of tree retention for public 7/31/2023 1:38 PM (iTree, etc.). Expand protections for trees in development and public improvement projects. Consider making code similar to other portland metro municipalities for regional consistency. 95 Concerned about trees lost to developers. 7/31/2023 12:49 PM 96 It was efficient 7/31/2023 12:44 PM 97 Developers should have the same rigor and review that individual property owners must 7/29/2023 6:03 PM contend with. 98 Stop allowing so many trees to be cut down. It's ridiculous how little Lake Oswego cares about 7/29/2023 4:46 PM its trees 99 It was good 7/29/2023 1:14 PM 100 No 7/29/2023 12:36 PM 42 /86 Lake Oswego Tree Survey 101 It should be more difficult to remove healthy trees. 7/28/2023 7:36 PM 102 As a homeowner, I thought it was fine and clear. It appears to me that developers get a 7/28/2023 11:53 AM different process and are more likely to get approval, which I think is wrong. 103 I find it absurd that people who don't own my property have say in what I can do with it 7/28/2023 9:04 AM 104 I think the current process is fine 7/28/2023 8:53 AM 105 As a former DRC member it seems to me the code makes it easier for developers and really 7/28/2023 8:31 AM hard for home owners. 106 I do not own private property here and am not familiar with this process. 7/27/2023 3:48 PM 107 When a person has documentation that a tree's roots could impact a structure or maybe cause 7/26/2023 3:10 PM work for neighbors to clean up fallen fruit or leaves it seems like the tree should be able to be removed. Also many times trees group much larger than intended&due to location could fall causing damage. 108 No 7/26/2023 1:14 PM 109 No 7/26/2023 11:47 AM 110 Tree topping or in your terminology, pruning (it's actually topping), should not be permitted at 7/26/2023 11:27 AM all. 111 It feels way too easy to remove a tree and too hard to save the trees. The cost limits most 7/26/2023 9:26 AM residences ability to save the trees. It feels that big business almost always wins. 112 No 7/26/2023 4:19 AM 113 no 7/25/2023 5:59 PM 114 I believe too many tree's are being removed. I think they need to start denying tree removals 7/25/2023 4:04 PM more frequently. 115 Too difficult for existing homes to get to create a wildfire defensive space. Yet are easy for 7/25/2023 3:52 PM new builds of greatly oversized homes to get 116 Takes way too long and it's MY property, not people walking through the neighborhood. 7/25/2023 3:20 PM 117 Just make sure property owner signs 7/25/2023 2:58 PM 118 The permit process lacks common sense and efficiency. 7/25/2023 2:10 PM 119 No 7/25/2023 1:57 PM 120 Make it easier to remove trees on our own properties. 7/25/2023 1:54 PM 121 The arborist requirement is expensive $200 to tell me the tree is dead.... 7/25/2023 1:54 PM 122 no 7/25/2023 1:47 PM 123 No. 7/24/2023 6:00 PM 124 In general, almost all requests for removal are approved, making a mockery of the system. 7/23/2023 10:04 PM 125 - 7/23/2023 2:18 PM 126 I see value in having a process, but I believe our City process is cumbersome, too lengthy and 7/23/2023 2:18 PM expensive. 127 That would be good to have mitigation requirements for hazard trees and invasive trees. I think 7/23/2023 12:09 PM it would be easier for people to understand if they measured circumference and not DBH which is more difficult to calculate. I also think the mitigation tree list should be updated to include climate change tree suggestions and to require a larger caliber tree. I also think the fee that developers and home owners pay to remove type II trees should be significantly higher that would correlate to the actual value of trees. 128 Have not applied for a permit, but my neighbors have. The cost, our tax applied to remove 7/23/2023 9:32 AM larger trees I find to be unnecessary and excessive. 129 The tree removal permit process is too easy to acquire. All that is necessary is to have money 7/22/2023 9:33 PM 43/86 Lake Oswego Tree Survey and a tree removal permit is granted. No thought given to the value of our tree canopy as a whole. 130 As mentioned above. There is too much weight put on public opinion of tree removals on 7/22/2023 4:44 PM personal property. Put it in the hands of the professionals not those with passionate opinions. They can do whatever they want with their own property. 131 I focus need to be on preserving and increasing the tree canopy especially during 7/22/2023 7:30 AM development. 132 Tree mitigation is great, but the science of removing established trees and replacing them with 7/21/2023 8:15 PM 6'saplings ignores ecological science. When someone buys property in Lake Oswego, they are not buying or entitled to control of the surrounding ecology, which can extend for miles beyond their property. The permit process does not do enough to protect established trees. The city clearly favors development for development's sake over the long-term economy of the city. 133 We are too liberal in granting permits to remove mature native trees. The development code 7/21/2023 5:13 PM needs to be revised to reflect the true benefits of keeping trees over building McMansions for families of 1 or 2. 134 no 7/21/2023 4:39 PM 135 Permit process is not stringent enough for builders who are looking at their profit margin and 7/21/2023 3:57 PM building oversized homes on an old growth treed lot. 136 Sometimes it seems like the process is not consistently administered. 7/21/2023 2:08 PM 137 No 7/21/2023 1:34 PM 138 Due to climate change, there is a quickly emerging fire danger that was not present in previous 7/21/2023 1:26 PM years. The permitting process seems to be geared towards preservation, which made sense before. This needs to be balanced out with fire protection for people and structures in Lake Oswego. 139 None 7/21/2023 10:19 AM 140 Its additional taxes on what is already paid To justify a city job Which could be overseen by 7/21/2023 9:32 AM neighbor associations and not government body We live here not you 141 Whatever efforts made by the city to protect trees before construction seemingly aren't known 7/21/2023 7:35 AM to excavators. Some trees are too close to homes, and are not considered hazardous until they are in decline and dangerous to climb for removal. I have such trees, so rendered by neighbor add-on development. 142 No 7/21/2023 7:26 AM 143 Why would someone be able to take out a stand of healthy cedars just to put in a 3 car 7/21/2023 7:26 AM garage? Especially when we're facing such severe climate change? 144 The existing process is necessarily bureaucratic. 7/21/2023 6:01 AM 145 I have never applied for a tree removal permit but driving around Lake Oswego makes me 7/21/2023 4:55 AM nervous to think about the potential harm that could happen if there was a fire in our community. The city/community needs to do a better job of eliminating fuel, which includes some trees, and underbrush near homes and buildings. I worry that because of the cities tree policies that we're ignoring the impact of climate change and human behaviors that could have disastrous consequences in highly forested areas of our community. Appropriate thinning of trees is healthy for our forest ecosystem and prevents disease as well as mitigates fire risk. 146 I am unfamiliar with it, but I've heard no one abides by it and they remove trees at will. 7/20/2023 10:59 PM 147 Mature trees are often sacrificed based on the footprint of a proposed building. We should take 7/20/2023 10:53 PM greater care to preserve significant trees or require replanting to compensate for tree removal. 148 The permit process is too much work and is unnecessary considering the majority of trees 7/20/2023 10:36 PM being removed are diseased or unsafe. 149 Home owners should not have to pay the city to remove a tree that is a problem. 7/20/2023 9:37 PM 150 na 7/20/2023 8:24 PM 44/86 Lake Oswego Tree Survey 151 No. I am not familiar with the permit process. 7/20/2023 7:57 PM 152 No 7/20/2023 7:51 PM 153 N/A 7/20/2023 7:39 PM 154 We were asked to provide more details several times which cost us extra money. It would 7/20/2023 7:35 PM have been helpful to know at the start exactly what information was needed to avoid additional arborist fees. 155 It seems that developers get to remove trees easier than citizen with diseased trees. Provide 7/20/2023 6:43 PM affordable options for people wanting to remove dead or dying trees at a reasonable price and make it more expensive and more difficult for developers to remove massive groves of trees. 156 Its too lenient 7/20/2023 6:38 PM 157 no, it is a good thing 7/20/2023 6:16 PM 158 It seems very opaque. Suddenly a bunch of trees get cut down out of the blue! Like the golf 7/20/2023 6:15 PM course renovation. What a disaster to lose all those beautiful trees with no warning! 159 No 7/20/2023 6:11 PM 160 Obviously it isn't very rigorous -seems like anyone can cut one down, any where, for any 7/20/2023 5:57 PM reason 161 It's is a system for failure. It is totally does not make sense. Some 18 year old is making 7/20/2023 5:46 PM decisions based unpin emotions. 162 It is ridiculous in that it seems everyone gets one or just pays the fine. What about saying yes 7/20/2023 5:43 PM cut down this tree. BUT YOU MUST HAVE Percent Solar/wind energy on-site. Or replace with x trees or or or 163 I applied in person for a permit for a smaller tree (catagory 1?). I provided pictures to back up 7/20/2023 5:34 PM my request and they said they didn't care about that. They just collected the fee which was $19 at the time and said they didn't want to look at the pictures. Why require a permit for that sized tree if they don't care to have documentation for the request? 164 No 7/20/2023 5:14 PM 165 While the permit process serves a purpose, requires by a permit to remove a dead tree or 7/20/2023 5:01 PM compromised tree after the last ice storm is quite cumbersome. 166 Stupid to jump through hoops and pay a fee for a diseases tree that broke in two, with one half 7/20/2023 5:00 PM laying on the ground. 167 No 7/20/2023 4:56 PM 168 I was led to believe City of Lake Oswego protected trees. It seems they make it hard for 7/20/2023 4:51 PM individual home owners to remove, but very easy for developers. 169 From observation many of the protected trees during construction are still cut down. It's tragic. 7/20/2023 4:49 PM There need to be higher penalties for that 170 No. 7/20/2023 4:48 PM 171 No 7/20/2023 4:43 PM 172 Thank you for not needing a permit to remove invasive Laurels 7/20/2023 4:40 PM 173 It sucks. Have to be flexible to let bad non native trees be replaced especially when talking 7/19/2023 6:23 PM about a single tree on the property 174 No 7/19/2023 12:20 PM 175 NA 7/18/2023 9:16 PM 176 I appreciated Staff and the consultant arborist who provided clarity on some specific aspects 7/18/2023 7:36 PM regarding tree removal. 177 Was easy to understand and provide necessary information. 7/18/2023 2:23 PM 45/86 Lake Oswego Tree Survey 178 no 7/18/2023 6:45 AM 179 No 7/17/2023 5:17 PM 180 Again- I think the city/process cares more for the trees than the risk they create! 7/17/2023 3:51 PM 181 I think I had to jump through too many hoops to remove a tree that obviously had to come 7/17/2023 3:14 PM down. 182 I am aware of some citizens complaining about valuable trees being sacrificed so that a 7/17/2023 2:16 PM developer can squeeze the maximum building envelope out of a site. 183 I think the process should be much stricter. The trees are a citizen asset, not just a land owner 7/17/2023 12:04 PM asset. When neighbors remove their trees it affects us all. 184 Development should adapt design to the environs and not force the environs into adaptation to 7/17/2023 10:17 AM development. 185 Yes. How does it work? 7/17/2023 6:05 AM 186 no 7/16/2023 7:32 PM 187 I don't know anything about it. Our next door neighbors removed a giant Port Orford cedar last 7/16/2023 3:43 PM year(I am not clear why) but it was heartbreaking to behold. 188 No 7/16/2023 2:35 PM 189 People in the neighborhood should not be given an opinion about someone else's property. 7/15/2023 8:17 PM Particularly when the complaining neighbor has no old growth trees on their own property. 190 I understand if someone buys a property with trees they can remove all the trees if it is a new 7/15/2023 3:49 PM build. I don't agree with this. We lost our designation of being"Tree City" 191 Yes, it's absolutely ridiculous that random people who aren't even your neighbors can have a 7/15/2023 1:31 PM say about what you do on your own property 192 It appears to be a cumbersome process that skilled individuals can circumvent. 7/15/2023 1:17 PM 193 If it's not dead leave it be 7/15/2023 10:16 AM 194 A board of volunteer citizens is needed to review each type 2 application to protect and 7/15/2023 8:35 AM preserve LKOs urban forest. 195 No 7/14/2023 4:24 PM 196 No 7/14/2023 3:10 PM 197 It seems to focus on blocking people who live in the area from removing their trees... However, 7/14/2023 3:10 PM with corporations with money and lawyers who come in and clear entire lots... They have the power to fight it and thus it's an effective at holding companies accountable for clearing entire lots 198 No 7/14/2023 11:12 AM 199 Too lax for developers. 7/14/2023 10:41 AM 200 no 7/14/2023 10:10 AM 201 No 7/13/2023 9:49 PM 202 I have no director experience other than seeing the yellow signs in my neighborhood. I think 7/13/2023 9:11 PM the enforcement could be more rigorous and the penalties more severe for developers and property owners who violate the code. Scofflaws in Lake Forest are not too worried about enforcement from the City. 203 Make it harder to remove large,healthy mature trees just for developments sake. 7/13/2023 8:50 PM 204 No 7/13/2023 9:54 AM 205 It's clearly a way for the city to make money because I rarely see a permit denied. 7/13/2023 8:23 AM 206 Often it seems like an exercise in futility to oppose a permit to cut trees...I think 10 is doing a 7/13/2023 7:17 AM poor job of saving trees and am disappointed in leadership and the LO city planners 46/86 Lake Oswego Tree Survey 207 No 7/12/2023 8:20 PM 208 The process was very easy to follow and the staff were unbelievably helpful. 7/12/2023 12:33 PM 209 No 7/12/2023 11:44 AM 210 If there is a tree that poses a hazard to people or property that already exist, then there should 7/12/2023 11:39 AM be flexibility in having it safely removed. New developments should not be allowed to chop down precious older native trees, especially. It is extremely shortsighted to do this on many levels. I also don't think that people who buy properties with the intention of cutting down trees to build a pool house, for example, is a good idea. They may benefit from increase property values, but the community, as a whole does not benefit from the removal of that tree. 211 It must be getting easier as I see ALOT of healthy mature trees coming down in my 7/12/2023 9:12 AM neighborhood 212 No 7/11/2023 11:34 PM 213 My mom doesn't talk about it much but it seems okay, I think it should be harder to remove 7/11/2023 9:52 PM trees for aesthetic purposes 214 It seems too weak when it needs to be strong and too strong when it needs to be week. It has 7/11/2023 9:42 PM many loopholes for developers and the wealthy as they have expendable income to battle out tree removals with the city/environmental groups. 215 I don't know about it, but I wish that trees that block the view could be cut at times and new 7/11/2023 8:40 PM trees planted to increase diversity of species 216 No 7/11/2023 7:12 PM 217 Yes-Thank you for having it available and maintaining it! After its important value today, The 7/11/2023 1:32 PM management of a TRP has good potential to transverse into the public school system and other community groups. Have we had the Scouts work with them at all? 218 No 7/10/2023 10:31 PM 219 It is incredibly confusing unless you are an arborist. It is difficult for a home owner to be able 7/10/2023 4:48 PM to identify and request permits for their property with an arborist. If the permit process stays as-is, then the city should provide the option for the city arborist to come out and help identify a particular permit needed (this could be at cost of owner, but at least it should be offered as an option). It seems to be simple for a company demoloshing a lot, such as Renessaince Homes, to get trees removed, but very more expensive and restrictive for a homeowner that wants to do some sort of remodel or backyard improvement project. 220 It was long ago, so I don't remember details. It cost me about$200 for one not-too-large tree 7/10/2023 10:36 AM that was dying in my front yard overhanging the sidewalk. Other neighbors have removed trees without getting permits. 221 No 7/10/2023 9:13 AM 222 1. Hazard tree permits need to be listed on the city website. 2. The city should have a fund 7/10/2023 9:13 AM that homeowners in financial need should be able to apply to for tree maintenance. 3. City Council keeps saying they don't have code authority to direct a rework of a building footprint design to save trees they think are worth saving-this needs to be addressed directly. 223 Government overreach to make citizens beg for a permit to remove their own property upon 7/10/2023 8:32 AM which they pay taxes. Stick to the responsibilities of the Oregon Constitution and stay out of citizens rights. 224 It appears to be to easy to remove large trees. 7/10/2023 7:19 AM 225 no 7/10/2023 5:51 AM 226 My neighborhood seems to be able to remove trees too easily. Housing development seems to 7/10/2023 3:47 AM cut more than necessary. 227 It seems a bit lenient 7/9/2023 6:52 PM 228 No 7/9/2023 4:31 PM 229 The people are friendly and efficient, but the online guidance could be much clearer. Given that 7/9/2023 4:16 PM 47 /86 Lake Oswego Tree Survey climate change is happening, I would like to see accommodation made for the removal of trees that are not thriving due to warmer temperatures and also more allowance made for removing trees that pose a fire risk. 230 Does not allow property owners right to take safety into their own hands 7/9/2023 1:28 PM 231 removal should only be approved for dangerous or diseased trees, or for non-native or invasive 7/9/2023 11:45 AM species that should then be replaced by natives when possible 232 Was glad that you told nghr they had to talk with me about the"hazardous"one they removed 7/9/2023 10:19 AM from propert line but there should have been a requirement that it be replaced because they quibbled about that despite the fact that i paid and did the work and let them choose the tree. 233 It's too easy for anyone to get a type II permit. 7/9/2023 9:55 AM 234 Instead of entire tree removal, consider pruning by knowledgeable persons. Discourage 7/9/2023 9:25 AM removal of healthy trees whose only defect is reduced visibility [which pruning can remedy]. 235 Our tree removal request was for a dead tree, there was no issue. It was fast and easy. 7/9/2023 8:31 AM 236 My permit request was denied, but I think the process was fair. 7/9/2023 7:43 AM 237 No 7/8/2023 10:55 PM 238 It seems too easy to remove trees on properties being newly developed. I feel there should be 7/8/2023 5:00 PM some kind of rigorous criteria for removing older trees other than just paying a fine. 239 No, pretty straightforward. 7/8/2023 4:31 PM 240 Yes it is too restrictive 7/8/2023 12:48 PM 241 No, process is good. It might be long for some cases. 7/8/2023 11:20 AM 242 No 7/8/2023 9:37 AM 243 I can't say that I really know what it is fully. What I do know is that trees are being cut down all 7/8/2023 7:43 AM to frequently so it must need some adjustments. 244 I have not done it, but would love to see it incl wuestiins of is it destroying wildlife habitat 7/8/2023 7:40 AM unnecessarily 245 Too easy to remove important neighborhood trees for development or household aesthetics 7/8/2023 6:45 AM 246 No. 7/8/2023 6:33 AM 247 It has been sad to see how easy it is for new builds /renaissance homes to demolish all 7/7/2023 10:14 PM established trees on the property. I appreciate that new trees are planted, but replacing a beautiful 50+year old conifer with a small ornamental tree doesn't feel right. 248 I initiated the tree code 50 years ago. As a builder I modified design and layout to preserve 7/7/2023 8:31 PM trees. That needs to continue. 249 No-we had a diseased Doug fir, and permit process was clear. We replanted a young tree to 7/7/2023 7:30 PM replace the fir removed. 250 Too rigid, city makes decisions without viewing property. 7/7/2023 2:30 PM 251 No. 7/7/2023 1:38 PM 252 We need to prioritize preserving our tree canopy by requiring developers to find creative 7/7/2023 1:14 PM solutions to design that keeps trees on property and intact. There are thousands of architectural design ideas that preserve trees on properties. We are taking the lazy way out with our suburban design. 253 I know it's not easy to get a permit, which by itself is discouraging. My property has many 7/7/2023 12:51 PM trees and one that I would love to remove to avoid damage to my house should it(ever)fall, but our Arborist is confident it'd be a losing battle. 254 Too stringent. There are trees in a public park leaning towards my house and I'm unable to get 7/7/2023 10:53 AM them removed. Creating a safety issue during ice storms, and losing light in my garden without an ability to keep the encroaching public park forest at bay. (Springbrook Park). Additionally, 48/86 Lake Oswego Tree Survey my neighbor planted about 5 trees that now are so big they shade my garden. Tree planting that impacts neighbor property amount of light should be considered 255 Consider the pruning of trees. Some trees have been so badly disfigured through poor pruning 7/7/2023 10:48 AM practices that they should be removed. Maybe that was the tree owners initial intent: disfigure until it becomes necessary to remove a tree. 256 No 7/7/2023 10:18 AM 257 Yes, too strict. Should be allowed more flexibility based on size of my lot (-2 acres) SHouldn't 7/7/2023 10:16 AM be one size fits all for everyone. 258 We had professional arborist help us. 7/7/2023 10:08 AM 259 The process is straightforward, however, several of the responses are opinion based and not 7/7/2023 9:01 AM black and white. 260 NA 7/7/2023 8:58 AM 261 I found it fairly easy. 7/7/2023 8:37 AM 262 No 7/7/2023 8:17 AM 263 Large#of dead and dying trees are unable to be removed, especially on properties near 7/7/2023 8:04 AM "sensitive lands". These are liabilities to the homeowners. Hazardous in falling. Hazardous in potential fires. And the current process does not allow for a homeowner to be responsible and take preemptive action. 264 many of the rules are too restrictive and don't take into account the damage trees are doing to 7/7/2023 8:01 AM the home with root invasion, falling debris etc 265 I think it's necessary even though some people dodge it. 7/7/2023 7:45 AM 266 The tree removal process should be a simpler and less costly method of obtaining approval for 7/7/2023 7:38 AM selected tree thinning. 267 I think developers have inordinate power. Restraints are good. 7/7/2023 7:16 AM 268 No 7/7/2023 7:00 AM 269 I don't have any experience with it 7/7/2023 6:36 AM 270 no 7/7/2023 5:39 AM 271 It was super easy. 7/7/2023 1:41 AM 272 no 7/6/2023 9:39 PM 273 City employee was very helpful. Permit issued with documentation of tree hazard. No delay. 7/6/2023 9:15 PM 274 it actually seemed too easy to sway an arborist to allow a tree to come down 7/6/2023 8:35 PM 275 No 7/6/2023 8:24 PM 276 No 7/6/2023 8:14 PM 277 Sign posting is good, but if the property is on a dead end street or cul de sac, most people 7/6/2023 7:48 PM don't see it for an opportunity to comment. An online site listing current requests would be nice. If there is one, it's not well publicized. 278 No 7/6/2023 7:45 PM 279 no 7/6/2023 7:22 PM 280 It was equitable 7/6/2023 6:23 PM 281 N/a 7/6/2023 6:12 PM 282 See prior 7/6/2023 5:50 PM 283 It is ineffective in protecting large trees and gives priority to developer's plan. See Randy 7/6/2023 5:47 PM Sebastian's views and comments to understand. 284 I am not familiar with the process. 7/6/2023 5:32 PM 49/86 Lake Oswego Tree Survey 285 In First Addition, count square footage of basements in the allowable square footage of the 7/6/2023 5:29 PM building footprint. Do not grant an extra four feet of excavation for a basement, make the allowable square footage equal the square feet inside the limits of proposed excavation including all foundations and basements. Grant more variances on setbacks if that will protect big, old trees. Require more thought in design alternatives by developers to protect big, old trees. Make the developer think creatively. Charge the permit requester$20,000 for every significant tree that is approved for cutting. 286 Not familiar enough to comment 7/6/2023 5:23 PM 287 For the areas in Lake Forest just outside LO, in unincorporated CC, existing incentives have 7/6/2023 5:19 PM not been enough to preserve many mature firs. Without further action, the character of the neighborhood will change as so many are removed. 288 No 7/6/2023 5:17 PM 289 I would like to have some help in accessing my 60+ trees. I have had many tree companies 7/6/2023 5:15 PM here but all have a differing opinion about what to do with taking care of my trees. 290 No I'm not familiar with it. Have not needed one. 7/6/2023 5:01 PM 291 Was ok for me but could be too much for some people. 7/6/2023 5:00 PM 292 No 7/6/2023 4:44 PM 293 Too easy to remove a native tree esp for developers. The penalties are too light. Oak trees in 7/6/2023 4:41 PM particular are important for native species and should never be removed. Builders should be made to modify their plan. 294 Please make more difficult or more expensive to remove healthy trees that don't pose a 7/6/2023 4:24 PM hazard. 295 No 7/6/2023 4:11 PM 296 The permit process does not work. Planning staff does not really require alternative floor plans. 7/6/2023 4:09 PM The developer develops one plan and is only required to move it around the lot. Developers must actually adjust the floor plans. Eliminate basements that impact trees. Count basements in square footage. 297 It could be improved considerably 7/6/2023 4:08 PM 298 Based on what is happening in my neighborhood, it appears to not be very stringent 7/6/2023 4:01 PM 299 Why does every healthy tree removed need to be replaced on a property that is already dense 7/6/2023 4:00 PM with trees? 300 Feel the permit process gives approval to those expanding a structure and developers but not 7/6/2023 4:00 PM to residents who want to remove a tree that is too big and causes yearly damage 301 We purchased land with a dozen large fir trees on it. We love the trees and wanted to preserve 7/6/2023 3:50 PM most of them. However there were a few that we wanted to remove. One in particular is massive, close to the house, and looks out-of-balance. We would have appreciated a dialogue with the city to discuss the situation. Instead, we were pointed directly to a permit form. The process was extremely impersonal and I was made to feel like a villain. I felt like my voice was drowned by loud objections from people who don't even live in my neighborhood. I wondered if I had asked to remove only one tree whether my request would have been approved. I was told that answering this question involved starting the permit process over from the beginning. (We had already waited over two months for the first response.)We were very frustrated. I work very hard to maintain the large fir trees that are on my property--for my benefit and for the community's. I believe in the importance of preserving the trees of Lake Oswego. I would have appreciated a better dialogue with the city during the removal permit process. 302 no 7/6/2023 3:48 PM 303 From viewing many new developments in my neighborhood, it appears that very little is done 7/6/2023 3:44 PM to require builders to come up with alternate plans that would preserve the many old growth trees that provide the character of the neighborhood. 304 No 7/6/2023 3:41 PM 50/86 Lake Oswego Tree Survey 305 I'm not experienced with it. I think it should be strict; large trees are a great part of this 7/6/2023 3:37 PM community. I should find out more about the process. 306 You allow developers to take down trees you would never allow a home owner. 7/6/2023 3:26 PM 307 It equates tree size rather than health, state of decline, species, and placement with 7/6/2023 3:23 PM desirability. Very short-sighted. 308 Stop giving these permits to the developers!! 7/6/2023 3:16 PM 309 You didn't include"Dead"trees in your question regarding type of removal permit. I had a dead 7/6/2023 3:14 PM tree removed. 310 N/A 7/6/2023 3:07 PM 311 Having to plant a native after removal needs to be reviewed on a case by case basis. 7/6/2023 3:05 PM Sometimes it does not make sense to replant. 312 N/a 7/6/2023 3:03 PM 313 The tree removal process is strict and harder for large trees lots to adhere to. It reinforces to 7/6/2023 2:59 PM keep the old trees and not plant new because they will not be able to be adjusted if needed in the future. 314 I need to know more. 7/6/2023 2:57 PM 315 Having to draw a map of my property and label all the trees was fairly time intensive. I did it 7/6/2023 2:56 PM because I needed a dead tree taken out, but it would be cool if there were a digital tool to map trees with a few clicks. 316 Takes a long time and staff was not very helpful. 7/6/2023 2:48 PM 317 I understand the purpose and hope the process is working. Seems like a lot of old growth firs 7/6/2023 2:47 PM are being eliminated in the Lake Grove area. 318 Too easy to get a tree removed now. In 1988 the process was extremely difficult and the trunk 7/6/2023 2:46 PM was up against the house and touching power lines. It was still not a quick approval. We need that again now. 319 I have a lot of comments. It is over-regulated, it is unreasonably impacted by individuals that 7/6/2023 2:41 PM are not familiar with the valid reasons to remove a tree to just start. 320 I think it could be more stringent. I think developers should possibly be limited to the 7/6/2023 2:36 PM percentage(or something similar)of trees they can remove for construction. Or the city should provide incentive to developers that work to maintain trees by providing thoughtful building layouts and locations. 321 Why even bother with the process when the result is always a permit granted?The City does 7/6/2023 2:35 PM not value its trees. The performance is a sham. 322 Not an easy process to understand. I am a 40 year resident/tax payer of Lake Oswego and the 7/6/2023 2:33 PM codes have become very cumbersome. There are large trees that are so close to buildings but cannot be removed because they are protected. Case in point... a Western Red Cedar that has dropped huge limbs on our roof and side yard and is dangerously close to the condo building. We cannot remove it because it is protected. Yet, when something big happens we will have to pay to fix it. There is no being pro-active in this scenario. Whenver the wind howls and ice forms I hold my breath, praying it doesn't come crashing through my bedroom window. You need common sense exceptions. 323 Yes it's too restrictive. We are home owners and property tax payers and deserve to have final 7/6/2023 2:31 PM day of what happens to the trees on our property that we are liable for if they fall. The trees are entirely too large to be near houses 324 It seems like any resident who wants a tree removed gets approval to do so. 7/6/2023 2:30 PM 325 Too many large, mature trees are being removed with permits issued by the City. 7/6/2023 2:25 PM 326 Seems like it should only apply to the most valuable types of trees. Not all trees are created 7/6/2023 2:24 PM equal. Property owners should have more leeway 327 No- I have never removed a tree. 7/6/2023 1:50 PM 51 /86 Lake Oswego Tree Survey 328 There should be more effort to protect the trees in areas being developed, such as replanting 7/6/2023 1:19 PM same species of trees removed, and finding alternatives to the removal of evergreen species. e.g. Fir& Cedar. 329 It's great, I'm an arborist. 7/6/2023 12:09 PM 330 The permit process is not rigorous enough resulting in too many mature trees being removed 7/6/2023 10:39 AM from the canopy. The replacement trees are too small and will take a generation to replace the shade properties of the trees that have been cut. Developers have too much influence. 331 Permit legitimate tree cutting for actual problems not manufactured ones. 7/6/2023 10:32 AM 332 It's not fair and just. More politics than concern for community and environmental benefits. 7/6/2023 9:21 AM Three 40 year old apple and cherry trees provide more carbon benefit than a single 5 ft red cedar sapling that will take 30 years to replace the benefits of the trees removed. Could have been managed better? plant replacement tree (red cedar or doug fir)first, wait a few years, then remove one 40 year old tree. 333 This process is flawed in that it looks at individual parcels rather than the existing 7/6/2023 8:45 AM environment. Applicants state we are removing one tree, there are 5 trees remaining on the site. Well that is 16% of the trees removed from the trees on the site, that doesn't account for the trees surrounding the property which may have been previously removed. By looking at tree removal parcel by parcel we don't see the entire landscape and we don't have a good assessment of the total tree health in the city. The system also seems to poorly mitigate for trees that are removed. A 50-100 year old tree has much more ecological value than a new tree that is proposed for replacement, it is not a 1 for 1 exchange. I don't disagree that we need to provide space for more housing in order to have more affordable communities but what is the point of a more affordable community if the community becomes unlivable. 334 No 7/5/2023 10:37 PM 335 Why is there seemingly one rule for home ownerships and another for property developers? 7/5/2023 9:29 PM Home owners are limited to one tree a year whereas developers can eliminate entire groves 336 No 7/5/2023 9:22 PM 337 Ridiculous and favoring some citizens. 7/5/2023 7:59 PM 338 No 7/5/2023 7:55 PM 339 Much harder on home owner to get permits for dead tree removal than developers ripping them 7/5/2023 7:55 PM down for building structures 340 NO 7/5/2023 7:01 PM 341 From personal experience I am aware that the program is understaffed and follow up 7/5/2023 5:07 PM inspections often don't happen. 342 I wonder if the City EVER denies a permit request 7/5/2023 3:49 PM 343 The trees we removed were not significant and had not been cared for by the previous owners. 7/5/2023 1:43 PM For us the permit process was very straight forward. I communicated openly with all my neighbors prior to removing trees. Then we gave away firewood and brought stumps to several preschools for them to use on their playground. 344 It's clearly too easy for developers to get what they want. 7/5/2023 1:33 PM 345 I believe that there should be fewer situations for which a permit application could even be 7/5/2023 1:29 PM filled out. 346 In the past I applied for a permit to remove one poorly planned tree in my yard. Though I was 7/5/2023 11:39 AM eventually granted the permit, the process was difficult and the initial evaluation and denial was completely arbitrary. It's ridiculous that a homeowner should have so much difficulty removing one tree, then developers are allowed to remove large quantities of trees, thereby completely changing the landscape. This is NOT RIGHT!!! 347 We had a nuisance tree growing too close to foundation, cracking foundation. 7/5/2023 11:14 AM 348 it was not difficult to understand and city employees were helpful 7/5/2023 10:05 AM 52 /86 Lake Oswego Tree Survey 349 It's totally ineffective at saving trees. Even when the city's own arborist says there is no 7/5/2023 9:30 AM reason to take out healthy trees the DRC allows it- it's futile and we are losing our big trees and growing McMansions instead. 350 my questions were answered quickly and clearly 7/5/2023 9:26 AM 351 Always challenge a developer's request to remove trees. Force the architects to work around 7/5/2023 9:20 AM trees. 352 I am not sure how it works or if someone just pays for a permit& is able to remove any trees 7/5/2023 9:03 AM they want. 353 More areas should be designated as wildlife habitat and forested conservation areas. 7/5/2023 8:55 AM 354 The tree code as interpreted and applied places developers interests above that of our 7/5/2023 8:51 AM ecosystem and livability. The city blames the tree code foe this. But the tree code could be interpreted and applied in a much more protective way than it is. The buck stops at the city council and the mayor who give direction to the city attorney, the city staff and the DRC. They are to blame for the reckless removal of the city's trees and will have this as their legacy while the world around us burns, dries up and flash floods. And while we lose species and Individual populations of wildlife including insect life at accelerated rates. The lack of scientific input in the city's decision making is inexcusable. 355 Remove a tree plant 2 trees, but also if we are going to have big tall trees the city/county 7/5/2023 8:32 AM should maintain them better off power lines 356 No 7/5/2023 8:29 AM 357 No 7/5/2023 8:27 AM 358 It seems like developers are being granted preference. They are clearing legacy trees for 7/5/2023 8:03 AM esthetics and ignoring the concerns of neighbors. 359 Way too easy to get a permit approved. The vast majority are approved. Defeats the purpose. 7/5/2023 7:40 AM 360 It seems like there is a strict process for homeowners, but a not-so-strict process for 7/5/2023 7:23 AM developers. It is hard for a homeowner to cut one tree, but it seems like developers can cut as many as they want in order to build the largest home they can. There is a process, but it seems like if the developer goes through the posting and appeal process, they get approved and the trees come down. We have written countless letters against developer's plans to cut down massive amounts of trees to no avail. Again, it seems like there is one set of rules for homeowners wanting to cut down one tree and one set of rules for developers. 361 It should be reworded to apply more strongly to building/development that has committed the 7/5/2023 6:45 AM worst of the damage/destruction to our urban forest. 362 Growth is good for our community. We need new development in our city. I would encourage 7/5/2023 6:39 AM city leaders to challenge developers to be more thoughtful with designs that don't require the removal of so many trees. 363 No 7/5/2023 6:25 AM 364 Unless it is an emergency, tree removal should not be permitted. 7/5/2023 6:21 AM 365 There are hardly any controls built into the process, thus limiting substantial community 7/4/2023 12:52 PM feedback .. 366 Lately I have seen several large, legacy trees removed (Doug fir type) in my immediate 7/3/2023 3:17 PM neighborhood, so I'm unsure how effective the tree code is at protecting these large, older trees 367 The removal process makes it more difficult for the homeowner to remove a tree than a 7/2/2023 10:51 PM developer. The developers take down too many trees. The loss of trees for development is dealt with in the Land Use Application. The removal of trees on the already developed property is dealt with in the Type II Tree REmoval Application. The city needs to help the developer preserve more trees by helping them redesign the home to preserve said trees. Incentives for preserving older trees need to be created for the developers to encourage them to preserve more trees. Trees not only sequester carbon but cool the home in the summer nd warm the home in the winter decreasing the need for energy expenditures. Heat sinks caused by the 53 /86 Lake Oswego Tree Survey loss of the urban canopy are well documented. A decrease in mental health and an increase in crime is associated with the loss of urban canopy. 368 I think it's too easy for property developers, such as home builders, to get tree removal 7/2/2023 10:01 AM permits. 369 Valid reasons should be required for removal of large native trees. 7/1/2023 3:49 PM 370 No 7/1/2023 2:55 PM 371 It's harder for established private citizens than it is for new development. This inequity is 7/1/2023 4:36 AM demonstrated over and over with tree removal comments by the hundreds not able to influence tree removal*by the hundreds *to make way for large homes that dominate new development. The tree code is impotent in the face of this conflict. LO citizens keep trying, to little effect. 372 I see very few permits denied so I do t think it really serves to protect trees 6/30/2023 9:11 PM 373 It is too lenient and does not properly mitigate for the loss of mature trees 6/30/2023 8:35 PM 374 It was fine. 6/30/2023 6:28 PM 375 Keep the process thorough 6/30/2023 12:52 PM 376 No 6/29/2023 5:00 PM 377 From neighbor conversations it seems too restrictive 6/29/2023 3:36 PM 378 No 6/29/2023 9:42 AM 379 I was informed that the code said that 10 feet was considered the"canopy" in Lake Oswego. I 6/29/2023 7:22 AM have bushes that tall in my yard and they do not provide shade. 380 Should be revised to make removal easier and less expensive for private property. 6/29/2023 6:13 AM 381 It is almost wholly ineffective. 6/28/2023 6:18 PM 382 Neighborhood associations should have more input in the permitting process 6/28/2023 3:23 PM 383 Trees are critical but when the process allows them to be used as weapons preventing growth 6/28/2023 12:37 PM and diversity, it is ineffective 384 There needs to be more tree planting to offset tree removal 6/28/2023 12:31 PM 385 We have watched 6 trees removed from our street in 2.5 years -only 2 were sick. At this time, 6/28/2023 12:04 PM only 2 are in the process of being replanted by "twigs in 5 gallon buckets". Recently we were told that over 70 trees were cut down by Oswego Country Club because"they shadow the grass"and are a nuisance. These were HUGE trees with no replanting. It appears to me there is NO PERMIT PROCESS in LO 386 It was generally fair and the Lake Oswego City personnel were helpful. 6/28/2023 11:16 AM 387 no 6/28/2023 9:49 AM 388 The planning department was extremely helpful and professional in dealing with us. 6/28/2023 9:45 AM 389 I had heard very negative things about the city process - It was not as difficult as I expected, 6/28/2023 9:27 AM but my expectations had been set pretty low 390 Make it much harder and create a sliding cost scale that makes it impossible to strip lots. 6/27/2023 7:37 PM 391 No 6/27/2023 6:17 PM 392 No 6/27/2023 4:38 PM 393 The tree removal process is slanted against the private owners of the property and toward 6/27/2023 3:46 PM large developers and city projects. The large number of trees being removed for the middle school project, the Goodell development, and the outdoor education space/greenhouse at LOHS illustrates the disregard for tree preservation when the projects are large or city- sponsored 394 The Tree Code does not go far enough to limit development in order to save healthy large trees 6/27/2023 3:29 PM (likely greater than 50 years old) 54/86 Lake Oswego Tree Survey 395 It's a balancing act to protect trees and provide for all the other important needs of the city. 6/27/2023 3:29 PM 396 The site plans seem to be developed without trees--trees are an afterthought. The trees can 6/27/2023 3:23 PM often be saved by shifting the building footprint a little. 397 LO People were helpful, efficient, and easy to work with. 6/27/2023 3:01 PM 398 Would have to ask the arborists who get more of these than we do. 6/27/2023 1:12 PM 399 N/A 6/27/2023 12:50 PM 400 Years ago, I considered removing a Norway maple, when I learned it was invasive. The 6/27/2023 12:39 PM process seemed simple enough. I ended up not pushing through because it provides a lot of shade in the summer. 401 no 6/27/2023 12:02 PM 402 No 6/27/2023 11:22 AM 403 Not the process, just the rules in place. We maintain sick trees and the City and Builders cut 6/26/2023 11:08 PM healthy ones. The assistant dean of Lewis & Clark environmental law program tells me L.O. has an uninformed tree code that both goes too far, and not far enough. 404 I should be able to remove a dead tree without having to ask the city and pay 6/26/2023 9:56 PM 405 No 6/26/2023 9:35 PM 406 I think the Plannng Dept. could make more of an initial effort in guiding developers to protect 6/26/2023 9:17 PM trees when making their development plans 407 On paper it appears to be fair but in practice I'm not so sure. 6/26/2023 9:04 PM 408 No, except, don't just take the word of a tree removal company. Go out physically to the 6/26/2023 7:59 PM property to inspect any trees requesting to be removed. Often times the tree(s) haven't been maintained all along and that means regular pruning often, but not limited to professional arborists and tree care companies. The City needs to hire not contract with a professional licensed and certificated arbor consultant. 409 The permit process is relatively easy to navigate. 6/26/2023 6:50 PM 410 You keep arborists fully employed 6/26/2023 6:28 PM 411 Consider eliminating all the various types of permits for development and create one unified 6/26/2023 5:57 PM process. 412 As above. 6/26/2023 5:54 PM 413 Too complicated, too long & have to deal with attitude from city workers 6/26/2023 5:28 PM 414 Any changes to a tree removal application should reset the clock for the permit approval and 6/26/2023 4:35 PM all who commented on the application should be notified of any changes and the reset time period. 415 It seems like the controversies usually surround housing development. Other permits don't 6/26/2023 3:49 PM seem to generate much controversy. 416 There are two standards in effect: concerned residents must follow the rules but developers 6/26/2023 10:45 AM can get away with anything they want to do. 417 seems to be easier if you are a developer 6/26/2023 10:37 AM 418 It is ridiculously easy to get, too easy. 6/26/2023 9:36 AM 419 From what I can see happening in my neighborhood, a developer can easily clear cut a lot to 6/26/2023 9:01 AM build as many homes as possible. Very little has to be shown to prove old trees should be cut down. I hear from individual home owners that tree removal is difficult and this makes me think the system is skewed. The city prioritizes developers, people that don't live in the neighborhood, and don't listen to those that are effected by tree removal. If the city doesn't apply a strict tree code, the character of this city will be lost. 420 Greater than 95 percent of tree removal permits are quickly approved, easier for developers. 6/26/2023 8:02 AM Even the last LiDAR study showed a loss of mature native trees. This has to stop. This is the 55/86 Lake Oswego Tree Survey city's chance to step up to the plate in addressing the climate crisis:the one free thing we can do is leave the trees alone, especially the big natives. At 80-120 years old they're sequestering carbon at a staggering rate. The tiny 6 foot"seedlings won't do that work for at least 7decades. And we may have extincted Homo sapiens by then. Please leave the big trees alone so our children and grandchildren can have a good life. 421 I have several. Mitigation should be relative to the project and more options offered depending 6/25/2023 11:00 PM on scope of removal and project Type. Wording of the Type 2 removal code needs to be more black&white. The criteria for a"significant tree" is unclear as well as "reasonable alternatives". Projected timeline and expectations for application and site visits should be made available upon staff setting up application at intake. 422 Enforce the policies to mitigate tree removal 6/24/2023 8:02 AM 423 No as I am not familiar with it. 6/22/2023 5:59 PM 424 I don't know much about it, but based on what I have seen in neighbors yards, I think it's too 6/22/2023 4:27 PM easy to remove old trees being replaced by young, and often non-native species. 425 The process puts needed housing against tree preservation. Better mitigation is needed to 6/21/2023 5:57 AM properly handle both. Process for needed middle housing should be less onerous due to positive climate impact of denser housing than for the development of large single family homes which have a negative climate impact. Also, entities like the Oswego Lake Country Club who are permitted to cut many trees without a public process makes the system feel inequitable. 56/86 Lake Oswego Tree Survey Q9 In Lake Oswego, the adjacent private property owner is responsible for maintaining a tree planted in the public right-of-way (area between the sidewalk and the curb). Please select the option that most closely aligns with your understanding: Answered: 544 Skipped: 3E I manage trees adjacent to... I am aware I need to mana... I am not aware that I need... I do not have an opinion Not applicable to me(I do... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES I manage trees adjacent to my property in the public right-of-way, and do not need support from the City 21.69% 118 I am aware I need to manage trees adjacent to my property in the public right-of-way, but I have not yet needed to 19.12% 104 I am not aware that I need to manage trees adjacent to my property in the public right-of-way, and I would like more 13.05% 71 support/guidance from the City I do not have an opinion 4.60% 25 Not applicable to me(I do not have trees in the public right-of-way adjacent to my property) 41.54% 226 TOTAL 544 57 /86 Lake Oswego Tree Survey Q10 How would you rate trees' overall appearance in the following spaces in the City (Good, fair, poor)? Answered: 535 Skipped: 47 100% 90% 80% 70% 60% 50% 40% 30% 20% 0% Sidewalk Streets Medians Parks Apartmen Commerci Schools Biking s and and t al Areas and roadway natural Communit Walking lands... areas ies Paths il Good II Fair Poor GOOD FAIR POOR TOTAL WEIGHTED AVERAGE Sidewalks 59.50% 35.08% 5.43% 307 181 28 516 1.46 Streets 59.65% 33.59% 6.76% 309 174 35 518 1.47 Medians and roadway landscaped areas 67.05% 27.05% 5.90% 352 142 31 525 1.39 Parks and natural areas 73.02% 21.89% 5.09% 387 116 27 530 1.32 Apartment Communities 42.89% 42.89% 14.23% 205 205 68 478 1.71 Commercial Areas 39.64% 42.86% 17.51% 197 213 87 497 1.78 Schools 42.54% 45.73% 11.73% 214 230 59 503 1.69 Biking and Walking Paths 59.10% 34.83% 6.07% 302 178 31 511 1.47 58/86 Lake Oswego Tree Survey Q11 Where would you like to see more trees planted in Lake Oswego? Select all that apply. Answered: 521 Skipped: 61 Sidewalks/stree is/medians Parks and natural areas Front yards Apartments Commercial areas Schools Biking and walking paths Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Sidewalks/streets/medians 54.51% 284 Parks and natural areas 57.01% 297 Front yards 42.61% 222 Apartments 47.79% 249 Commercial areas 67.37% 351 Schools 58.16% 303 Biking and walking paths 47.22% 246 Other(please specify) 21.88% 114 Total Respondents: 521 # OTHER(PLEASE SPECIFY) DATE 1 It's also nice to see some sky! We have lots of trees, which is great. I think we need to 8/21/2023 8:13 AM maintain properly what we have, and plant new trees as areas become developed into shared puplic greenspaces. 2 The replacement tree planting at the new Lakeridge Junior High is a joke, needs a lot of 8/21/2023 7:21 AM 59/86 Lake Oswego Tree Survey improvement. 3 More tree canopy in multi use parks such as farmers market and foothills park 8/21/2023 4:46 AM 4 It isn't just more trees but they should be trees that are native and will one day be tall enough 8/21/2023 1:07 AM to add canopy protection. 5 More trees everywhere. Greatest return for city dollars! Lasting value that is immearsurable.. 8/20/2023 10:11 PM 6 Cut down less trees. Plant more trees everywhere. 8/20/2023 10:09 PM 7 Where needed to replace aging trees 8/20/2023 9:30 PM 8 On private property in areas between front yards at street line, where development has 8/20/2023 6:39 PM removed the wooded character of our neighborhoods. While I realize planting on private property is up to the owners choice, the City could support the effort by offering to plant trees or partnering with Friends of Trees to plant on properties where homeowners are unable but interested. 9 Please just don't allow developers to cut down as many trees as currently allowed 8/20/2023 6:37 PM 10 "We never could design a building as beautiful as the trees."—Portland Architect Pietro 8/20/2023 6:28 PM Belluschi 11 More sidewalks! 8/20/2023 5:25 PM 12 New housing 8/20/2023 5:19 PM 13 As much as I like trees (I have about 10 on my property)and appreciate the value of them in 8/20/2023 3:56 PM any community, I think tree placement should also consider the risk of wildfire. There are many parts of our community where hillsides combined with an east wind and summer drought would create fast moving fires that could trap us. My street is lined with an abundance of trees; it's a beautiful neighborhood. But we would be hard-pressed to get out if we had a fire storm coming down the hill behind us. So, I think risk should be considered in a future plan...identifying higher risk areas &creating contingency plans for the neighborhoods. 14 It's not about planting more tiny deciduous trees. It's about keeping the evergreens we already 8/20/2023 3:53 PM have. Walking in the Lake Grove business district is hot& sunny because it's bald. 15 Front yards but little dogwood, while pretty, don't really help that much. 8/20/2023 3:42 PM 16 We should be putting in trees wherever we can and it doesn't risk property/safety 8/20/2023 3:12 PM 17 keep on as currently managed 8/20/2023 2:46 PM 18 First keep the BIG TREES and plant more trees! 8/20/2023 2:44 PM 19 x 8/20/2023 12:41 PM 20 Along south shore. Those trees were butchered from last ice storm. 8/20/2023 12:40 PM 21 Maintained natural tree and wetlands 8/20/2023 12:22 PM 22 As I have stated several times, fewer tree removals for construction. 8/19/2023 8:07 AM 23 Maintain the natural spaces you have 8/18/2023 11:13 AM 24 Natural areas. More native species such as Quercia garryana 8/18/2023 9:34 AM 25 This effort seems bias to adding trees and not asking the question of managing the risk that 8/18/2023 8:51 AM trees or undergrowth pose to the community. Veg. Fuels must be managed in attempt to minimize wildfire. 26 Everywhere 8/14/2023 10:24 PM 27 Empty lots that are an eye sore. Mandate the owner put in trees instead of an empty parking 8/13/2023 2:12 PM lot generating alot of heat with the sun bouncing off the cement 28 not experienced enough with trees planted in L.O. to answer 8/12/2023 1:11 PM 29 Is anyone replacing the trees that have to come down after ice storms? 8/12/2023 12:31 PM 30 Areas that currently lack tree adequate tree cover 8/5/2023 2:44 PM 60/86 Lake Oswego Tree Survey 31 Study the new Lake Grove medians on Boones Ferry for the ideal 8/4/2023 5:34 PM 32 City Parks 8/2/2023 11:25 AM 33 North sides so south sides gradually open to permit much more sun to qualify for 75% 8/1/2023 11:07 AM exposure for rooftop solar 34 Development 7/31/2023 10:43 PM 35 Parking lots. I think it is a benefit to the patrons of businesses and helps cool our city. 7/31/2023 5:26 PM 36 New developments to have more stringent requirements about replacing removed trees 7/29/2023 6:03 PM 37 More native trees wherever ecologically sensible. 7/28/2023 11:53 AM 38 I dont think we need more trees 7/28/2023 9:04 AM 39 I think the level of trees is fine currently 7/28/2023 8:53 AM 40 None 7/25/2023 3:20 PM 41 No where. We have plenty of trees and one of the highest tree canopies in the State. 7/25/2023 1:54 PM 42 Na 7/23/2023 9:32 AM 43 I don't think we need additional trees planted. We already have a very healthy canopy over 7/22/2023 4:44 PM Lake Oswego. Believe in the mitigation process if a tree is lost or allowed to be removed to improve a property 44 Businesses where forest was clearly cut for development, and no obvious mitigation tree 7/21/2023 8:15 PM planted. 45 Again, I'd like to see a greater awareness of balancing the benefits of trees and the increasing 7/21/2023 1:26 PM fire risks to which hey can contribute. 46 Not for you to decide leave it to the neighborhood associations not the city's job we live here 7/21/2023 9:32 AM 47 schools 7/21/2023 7:59 AM 48 Everywhere 7/21/2023 7:26 AM 49 You can't replace an old cedar by planting 10 paper bark maples. 7/21/2023 7:26 AM 50 More shade trees on school campuses. 7/20/2023 8:24 PM 51 Any areas that are empty or devoid of trees. This area was once a rain forest and we should 7/20/2023 7:57 PM try to return it to rain forest. 52 Where shade is needed due to increased temperatures 7/20/2023 5:14 PM 53 Planting only if taken care of and watered. 7/18/2023 7:36 PM 54 I wouldn't 7/17/2023 3:51 PM 55 I don't think the City should plant additional trees in the natural areas. The point is that they are 7/17/2023 3:14 PM natural. 56 All of the above!! 7/17/2023 12:04 PM 57 Anywhere there is an excess of concrete 7/17/2023 6:05 AM 58 After removing invasives 7/16/2023 2:35 PM 59 Just planting more trees is not the issue. The species of trees being planted is the issue. 7/15/2023 5:48 PM Additional native trees need to be planted in areas where native trees are being removed. We are losing our native tree canopy (which makes Lake Oswego the place to live). A perfect example of this is the Boones Ferry Road Improvement Project. 60 Maintain what we have remove invassives from public lands 7/15/2023 1:17 PM 61 General urban tree canopy 7/14/2023 4:24 PM 62 New builds should plant trees, especially if they are removing them 7/14/2023 3:10 PM 61/86 Lake Oswego Tree Survey 63 As stated, I don't think we need MORE trees, rather thinning what we have! 7/13/2023 9:49 PM 64 I don't have the expertise to answer this question. I do think on new land that is being 7/12/2023 11:39 AM developed. There should be pretty strict limitations on what trees can be cut down. 65 Everywhere!! 7/12/2023 9:12 AM 66 I think that the more trees the better 7/11/2023 9:52 PM 67 Trees are always wanted in any planning and if they are an obstacle they should be engineered 7/11/2023 9:42 PM around. 68 In greenhouses and small canyards for public use later-on. 7/11/2023 1:32 PM 69 No additional trees. 7/10/2023 9:13 AM 70 Trees grow naturally, no need to plant more. 7/10/2023 8:32 AM 71 You can not plant old growth. 7/10/2023 7:19 AM 72 Unincorporated areas 7/9/2023 4:31 PM 73 Away from homes 7/9/2023 1:28 PM 74 present tree population is adequate 7/9/2023 9:25 AM 75 We do not have enough light in winter, need to keep some sunshine in 7/8/2023 11:20 AM 76 It seems like we have enough trees in our city overall. 7/7/2023 9:58 PM 77 Concrete parking lots (like along Kruse way) 7/7/2023 1:38 PM 78 7/7/2023 12:51 PM 79 None 7/7/2023 9:56 AM 80 Tree planting tends to be done as single specimens, spaced too far apart. Rather than placing 7/7/2023 8:04 AM a set#of trees equally across a set area, it would be more natural (healthier for trees)to be planted in clusters. 81 It depends on the type of tree. Many are planted without an eye to long term aesthetics 7/7/2023 8:01 AM 82 An ugly blackberry patch at my HOA. A sensitive, growing gully of trees strangled and fallen. 7/7/2023 7:16 AM 83 Parking lots 7/6/2023 7:48 PM 84 Luscher Farm fields need many more trees. 7/6/2023 7:22 PM 85 Planting new Young trees where the existing ones are clearly getting towards the end of their 7/6/2023 5:23 PM lives 86 Tree canopy seems more than sufficient 7/6/2023 5:00 PM 87 None 7/6/2023 4:10 PM 88 Around large black parking lots. 7/6/2023 4:08 PM 89 My big concern is fire. We are not in a good position because of the trees. How about slowing 7/6/2023 4:00 PM down the process? 90 We used to be known for our beautiful big trees. We have lost too many to over development 7/6/2023 3:32 PM 91 Public spaces to alleviate the responsibility put on private property 7/6/2023 2:59 PM 92 Open areas not developed 7/6/2023 2:46 PM 93 We already have 54% canopy coverage. We need to figure out what is the maximum possible 7/6/2023 2:41 PM canopy coverage could be before we start asking where more tree should be planted. 94 Nowhere 7/6/2023 2:31 PM 95 Trees and plantings are abundant here and that's awesome! 7/6/2023 2:30 PM 96 Single family Residential developments, remodels or new builds should have a requirement for 7/6/2023 12:09 PM number and size of trees on propery 62 /86 Lake Oswego Tree Survey 97 Green spaces -replanting areas with downed storm damaged trees 7/6/2023 9:21 AM 98 Preserved open spaces as required by small home development sites. 7/6/2023 8:45 AM 99 Spend more time taking care of the parks we paid for. #woodmont 7/5/2023 7:59 PM 100 i would less trees removed for no reason except building huge houses 7/5/2023 10:05 AM 101 The newly landscaped Boones Ferry in LO looks horrible. Messy, no design and too mishmash 7/5/2023 9:09 AM of style 102 And not just street trees which are treated as a cosmetic commodity. We need trees that 7/5/2023 8:51 AM provide true ecosystem services. 103 Just stop allowing developers to remove so many to pack the neighborhoods with 7/5/2023 8:22 AM megamansions 104 Woodmont Park needs more native trees planted in the open areas recently cleared of invasive 7/3/2023 6:02 AM Hawthorne. 105 Boones Ferry along Casa del Polio area 7/1/2023 4:36 AM 106 Wherever possible, whilst still preserving open areas for recreation 6/30/2023 8:35 PM 107 None 6/29/2023 9:42 AM 108 None 6/29/2023 6:13 AM 109 dont know 6/28/2023 9:27 AM 110 Appropriately sized and species and native trees planted along riparian areas: creeks, bio- 6/26/2023 7:59 PM swales, rain gardens, streams, sensitive lands areas, etc. 111 An ecosystem can have too many trees. Plus, trees, like people have a life cycle, and must 6/26/2023 5:54 PM be managed. The concept that all trees must be maintained and no tree should be cut down is antiquated. Often the landscape architect will over plant to get a certain look with early plantings. Often people fail to thin these planting out after a few years resulting in crowded unhealthy and unsightly trees. 112 in order to be"tree city"we need to maintain exisiting stock and plant new trees 6/26/2023 4:35 PM 113 Don't plant more trees to obscure pedestrians and cyclists from the terrible drivers we have in 6/26/2023 8:02 AM town. 114 Street trees in general 6/21/2023 5:57 AM 63/86 Lake Oswego Tree Survey Q12 Have you observed tree-related damage to infrastructure in your neighborhood? Select all that apply: Answered: 533 Skipped: 49 No,I have not observed... Yes,damage to a street or... Yes,damage to 111 overhead... Yes,damage to underground... Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES No, I have not observed tree-related damage to infrastructure 34.52% 184 Yes, damage to a street or sidewalk 44.84% 239 Yes, damage to overhead utilities (power lines, phone lines, etc.) 37.52% 200 Yes, damage to underground infrastructure(pipes, sewer lines, underground power lines, etc.) 15.01% 80 Other(please specify) 11.63% 62 Total Respondents: 533 # OTHER(PLEASE SPECIFY) DATE 1 The stormwater requirements have caused more damage to trees that any benefits achieved. 8/20/2023 10:11 PM 2 There is more damage to trees from infrastructure development verses the other way around. 8/20/2023 10:09 PM 3 "We never could design a building as beautiful as the trees."—Portland Architect Pietro 8/20/2023 6:28 PM Belluschi 4 I've noticed all items above over the last 20 years of living here but it is not extreme. Happens 8/20/2023 3:42 PM in all communities. I hope this answer does not deter from planting trees but I do understand using the right trees in the right place and maintaining them properly. 5 Driveways and foundations 8/20/2023 3:22 PM 6 minor problems on paths that could be addressed without removing a tree! 8/20/2023 2:44 PM 7 Damage to homes during the ice storm 8/20/2023 11:55 AM 8 Springbrook park paths are kept open but downed trees and branches are simply left laying. 8/18/2023 11:13 AM Over the next few months—the amount of unattended debris will become very visible. The 64/86 Lake Oswego Tree Survey park is heavily used by neighborhood, teachers, and track team. 9 Trees dying from ivy burden, falling over 8/17/2023 12:10 PM 10 Neighbors roof was damaged as a result of a street tree falling over. 8/5/2023 2:44 PM 11 Big leaf maples on city property (island)dropping branches onto street regularly 8/3/2023 4:32 PM 12 I suggest not repairing every root bump in a road or sidewalk. My parents had old tree roots 8/1/2023 11:07 AM grow through their sewer line. Those things always have to be fixed and the tree has to go and another several planted to make up for it. 13 There are pathways at West Waluga Park and other places that have significant bumps due to 7/31/2023 5:26 PM roots pushing up. These are safety hazards. Especially at West Waluga where many elderly like the short .2 mile loop to do laps. I've raised this but no one has been out to grind down the asphalt and make it safer. 14 the difficulty with ciutting trees leads to increased damage to houses and public facilities in 7/28/2023 9:04 AM times of storms 15 Ice storm lots of damage right a way trees not trimmed 7/28/2023 8:31 AM 16 A neighbor's fence. 7/26/2023 3:10 PM 17 to homes 7/26/2023 1:14 PM 18 Ice Storm Damage to cars 7/26/2023 4:19 AM 19 Overhang on homes 7/25/2023 3:52 PM 20 Take care of the sidewalk damage on south state street 7/21/2023 9:32 AM 21 Tree roots heaving up sidewalks 7/21/2023 6:01 AM 22 There is also neighborhood infrastructure damage to trees. 7/20/2023 7:57 PM 23 Damage to my home, neighboring fencing and power lines 7/20/2023 7:35 PM 24 Shrubs at intersections that are either too close to the corner or not trimmed low enough to 7/20/2023 5:34 PM permit viewing of cross traffic. 25 Trees and or branches fallen on homes 7/20/2023 5:14 PM 26 Damage to roofs 7/20/2023 4:49 PM 27 Closure of streets due to fallen trees (ivy laden). 7/18/2023 7:36 PM 28 Blocking access to sidewalks and other access illegalities 7/15/2023 8:17 PM 29 Yes, storm damage to my property and adjacent space. 7/13/2023 9:49 PM 30 I see some hazards after a storm. Big limbs fall. At our property. We have also encountered 7/12/2023 11:39 AM underground electrical problems, which I imagine have been exasperated by the big tree root system that is close by having said that PGE is running a new underground electrical line since ours is dated anyway. 31 We did lose power during those ice storms 7/11/2023 11:34 PM 32 Arborists, landscapers, can require funds that effect structural maintenance elsewhere. 7/11/2023 1:32 PM 33 Icing of limbs and damage from falling 7/10/2023 2:16 PM 34 I have seen it managed, which is to be exspected. 7/10/2023 7:19 AM 35 They cut around some wires but made a mess of the trees. 7/10/2023 3:47 AM 36 Damage to homes, with people inside 7/9/2023 1:28 PM 37 signage is obscured ie First Addition neighborhood 7/9/2023 9:25 AM 38 Damage to several houses, roofs, electrical wires 7/8/2023 11:20 AM 39 House 7/8/2023 6:45 AM 65 /86 Lake Oswego Tree Survey 40 Damage to homes hit by fallen trees 7/7/2023 12:51 PM 41 Damage to roofs from falling branches and damage to foundations from roots 7/7/2023 7:38 AM 42 tree falling on a home 7/6/2023 9:39 PM 43 Damage to houses. (storms) 7/6/2023 3:50 PM 44 Damage to driveway and possibly house foundation 7/6/2023 3:26 PM 45 Yes to my neighbors car and house 7/6/2023 3:05 PM 46 The path around Freepons is dangerous to roots growing under the path. Total tripping hazard. 7/6/2023 2:58 PM Trees all in the wires along Cherry/Chapin 47 damage to buildings 7/6/2023 2:36 PM 48 Yes damage to roofs and fences 7/6/2023 2:31 PM 49 A tree fell through two of my neighbors roofs. 7/6/2023 2:28 PM 50 No physical damage but mental anguish when removed 7/6/2023 2:24 PM 51 Hallinan hasn't been overbuilt yet... 7/5/2023 5:07 PM 52 Sidewalk up Heaval, wires down from storms 7/5/2023 11:14 AM 53 building foundation 7/5/2023 10:36 AM 54 Minor lifting of sidewalks and driveways by root systems. A small price to pay for ecosystem 7/5/2023 8:51 AM services. And if the city did better tree education, people would understand that these inconveniences are well worth what we receive in the form of ecosystem services. 55 Storm damage only 7/5/2023 7:23 AM 56 Damage to one structure 7/5/2023 6:41 AM 57 I have seen more damage to the trees to protect infrastructure than the other way around. 7/2/2023 10:51 PM Wires need to be underground. 58 Yes our neighbors house was severely damaged with a failed tree. The city should be more 6/28/2023 9:45 AM proactive in trimming trees that get into utility lines. 59 sidewalk, asphalt 6/28/2023 9:27 AM 60 Sterling Hts is FULL of Big Leaf Maple street trees that wer mandated by the city to be planted 6/27/2023 1:12 PM by the developer 35 years ago. A travesty if ever there was one. They have lifted sidewalks, caused untold thousands of dollar in water line and sewer line breakage. 61 $3,000 damage to my home by my sick tree I cannot remove 6/26/2023 11:08 PM 62 Also damage to asphalt pathways not just concrete sidewalks 6/26/2023 7:59 PM 66/86 Lake Oswego Tree Survey Q13 Would you be willing to plant, maintain, and care for a large tree on your property? Answered: 544 Skipped: 38 Yes,I am in! Yes,but ONLY if the City... Yes,but ONLY if the City... No,I do not want to plan... Not Applicable (I do not ow... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES I RESPONSES Yes, I am in! 42.46% 231 Yes, but ONLY if the City provides labor support to maintain the tree 8.46% 46 Yes, but ONLY if the City can provide financial support to buy and plant the tree 6.62% 36 No, I do not want to plant more trees on my property 32.54% 177 Not Applicable(I do not own a yard or land to plant on) 9.93% 54 TOTAL 544 67/86 Lake Oswego Tree Survey Q14 What kind of education and outreach would you like to see the City provide about trees? Answered: 526 Skipped: 56 Arbor month celebrations Heritage tree celebrations Tree tabling events at... Free public workshops Tree themed contests Guided forest walks Tree care and maintenance... Volunteer stewardship... Tree planting events Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 68/86 Lake Oswego Tree Survey ANSWER CHOICES RESPONSES Arbor month celebrations 35.55% 187 Heritage tree celebrations 44.68% 235 Tree tabling events at farmer's markets 33.27% 175 Free public workshops 47.53% 250 Tree themed contests 17.68% 93 Guided forest walks 40.87% 215 Tree care and maintenance advice 73.57% 387 Volunteer stewardship events 34.60% 182 Tree planting events 59.32% 312 Other(please specify) 16.54% 87 Total Respondents: 526 OTHER(PLEASE SPECIFY) DATE 1 Great question, thanks for asking it. 8/21/2023 7:21 AM 2 education around global warming and why trees are so critical to our ecosystem. Also, 8/21/2023 1:07 AM education around why Lake Oswego thinks trees are important and why they protect them from developers and over development. 3 The Mayor's Bike Ride. Or any public city person! Please do it again, Mayor Joe Buck. 8/20/2023 10:11 PM 4 Promoting native species 8/20/2023 9:30 PM 5 "We never could design a building as beautiful as the trees."—Portland Architect Pietro 8/20/2023 6:28 PM Belluschi 6 A better way to preserve trees is for the city not to cut them down! The city has been for clear 8/20/2023 4:42 PM cutting the poor habitat for humanity project with no regard to saving the significant trees 7 Stop allowing so many trees to be cut down. 8/20/2023 4:02 PM 8 Give talks at schools so the children understand their value and purpose so the next 8/20/2023 3:53 PM generation can be stewards of the trees too. 9 These are all great ideas. No idea what tree tabling'is. 8/20/2023 3:42 PM 10 Not government job 8/20/2023 3:27 PM 11 Greater education on the importance of trees, and the benefits they provide. Information on 8/20/2023 3:12 PM how trees are interdependent and how to look after them. 12 no opinion as to the need 8/20/2023 2:46 PM 13 A city-wide campaign to bury electrical wires to prevent fires. This will stop the butchering of 8/20/2023 2:44 PM trees and improve community resilience during extreme weather events! 14 All of the above. I read that the top 10% $$makers use 40% of energy and a lot of this is from 8/19/2023 8:07 AM so much energy use from these homes. More education and public information about the environmental affects of having huge homes. They don't allow for trees, either. 15 Implement FEMA wildfire risk reduction plan for Springbrook Park by removing excess fuel on 8/18/2023 11:13 AM forest floor 16 Insect damage and disease identification 8/18/2023 9:34 AM 17 the importance of managing vegetation. We as a society have prevented the natural cycle of 8/18/2023 8:51 AM 69/86 Lake Oswego Tree Survey forest fires and now have large amount of fuels that allow for wildfires to burn hotter and longer causing more destruction. We must educate on this so the City and its residents can make informed decisions. 18 Financially support more ivy/invasive removal events. 8/17/2023 12:10 PM 19 We found the Sustainability Fair was useful and we got seeds from them and the LO Library for 8/13/2023 2:12 PM seeds that allowed us to have a diverse veggie garden 20 Offer neighborhoods specific grants to fund tree planting in their area. 8/12/2023 12:31 PM 21 Real imput from citizens on the permit process for development 8/6/2023 12:11 PM 22 none 8/5/2023 3:18 PM 23 Invasive species removal 8/4/2023 6:29 PM 24 There is not much point in outreach unless the code isn't meaningless 8/4/2023 4:17 PM 25 Prioritizing maintaining habitat (i.e. pruning a tree) rather than cutting it down 8/2/2023 6:18 PM 26 School programs, student volunteer tree planting services (Teen Service Corp) 8/2/2023 11:25 AM 27 Open house at a rooftop solar PV house that cut down a south side tree to get more sun 8/1/2023 11:07 AM exposure so that the solar PV equivalent of 415 trees every year could be installed. And 10-1 new trees should be planted N side for every S Side tree taken down. South side tree removal should be allowed to enable rooftop solar PV that gains 100s of tree equivalent CO2 avoidance. 28 Tour of homes and developments that preserve trees 7/31/2023 10:43 PM 29 I am worried about the removal of many fir trees in our Lake Forest neighborhood by 7/31/2023 5:26 PM development, only to be mitigated by much smaller, lower spacial volume trees. Please help us replant our fir forest so that 50-100 years from now we will still have a healthy, strong grove of trees 30 fires becoming more common&closer to LO each year, a discussion of tree care to avoid fire 7/31/2023 11:33 AM spread 31 How about education around the impact of cutting down our trees and putting in new mega 7/29/2023 4:46 PM homes is not good 32 nothing more on our love of trees 7/28/2023 9:04 AM 33 Just take care of the trees that fall within your maintenance schedule in a timely manner. 7/28/2023 8:53 AM 34 None 7/25/2023 2:10 PM 35 Training on how to remove trees 7/25/2023 1:54 PM 36 That would be great to partner with Friends of Trees to help organize and plant trees in the 7/23/2023 12:09 PM community. 37 Neighborhood-wide awards for tree stewardship and tree planting. 7/21/2023 8:15 PM 38 Direct communications and enforcement with property owners who do not maintain traffic 7/21/2023 2:08 PM visibility like 10th and Evergreen 39 Balancing fire prevention and the benefits of LO's trees. 7/21/2023 1:26 PM 40 People can educate themselves the city does not need to be in this area of governance 7/21/2023 9:32 AM 41 ALL good! 7/21/2023 7:59 AM 42 All the above are nice but what I would really like from the city is a strict, reflective, no loop- 7/21/2023 7:26 AM hole tree code. 43 Tree give away 7/20/2023 6:43 PM 44 Trees are blocking street passage and complaints go unanswered. 7/20/2023 5:46 PM 45 Hire teenagers to lead these walks 7/20/2023 5:43 PM 70/86 Lake Oswego Tree Survey 46 I'd like to see the city update the tree code to protect Crete trees in the neighborhoods. All of 7/17/2023 9:30 PM these other efforts is just lips service when they allow developers to constantly take down trees. 47 How to trim trees back off paths etc! Take one drive around the lake on SouthShore and look 7/17/2023 3:51 PM up! 48 The need. For health, environment and habitat 7/17/2023 6:05 AM 49 Help with maintaining established large trees 7/16/2023 3:43 PM 50 Access to low cost tree maintenance with trees in setbacks 7/15/2023 8:17 PM 51 City funds for private homeowners who can't afford it to maintain their own trees to prevent 7/15/2023 6:00 PM storm damage 52 More access to information on heritage and century trees 7/15/2023 10:16 AM 53 Give a$50 rebate for each planted tree on your property. 7/14/2023 3:10 PM 54 Would rather than money to be spent on maintenance 7/14/2023 3:10 PM 55 We have enough trees! 7/13/2023 9:49 PM 56 I have some very old trees on my property. With the extremely high temperatures in the 7/12/2023 11:39 AM summer, they do seem to get a bit stressed and I would like to know how to care for them properly. Last summer I ran a hose that served as a drip system to support them during the hotter days of the year. I'm not sure this helped, but it would be good to learn more about what could. 57 Environmental Engineering and Trees/ Our Faith Community Praying About It/State 7/11/2023 1:32 PM Leadership Day, here and there. 58 Cut the budget, people should be able to make their own decisions about the trees on their 7/10/2023 8:32 AM property, Government should not be in the business of Educating people about trees. 59 Identify and give heritage status to large stands, forested lots and big trees in the city. 7/10/2023 7:19 AM 60 educational project adopted by LO sustainability committee 7/9/2023 9:25 AM 61 Native tree discount sales, natural habitat education 7/8/2023 11:20 AM 62 Internet resources, YouTube videos, a Reddit subgroup, A tree festival, free onsite tree 7/7/2023 1:38 PM planting advice and assistance. 63 None of above. 7/7/2023 10:16 AM 64 Lake Oswego used to be proud of being the Tree City 7/7/2023 8:17 AM 65 Seems like the City already does all of the above? Large#of LO homeowners use landscaping 7/7/2023 8:04 AM services and have little involvement in the nurturing/upkeep of their yard. Homeowners who are involved in gardening either know this information or know how to find out. Rather than "teaching"the City should "show"the public good tree policy they it's own actions. And, yes, I think the City is inconsistent with its current policy 66 Climate education related to tree health/maintenance/ 7/7/2023 1:41 AM 67 Getting advice on type of tree and placement on a resident's property; or a link on LO website 7/6/2023 9:39 PM recommending types of trees to consider. 68 Less tree removal for building new large structures 7/6/2023 8:24 PM 69 Honestly,jump in and do it all. Ask for help if needed. I really think people will see the value for 7/6/2023 5:20 PM everyone. There is zero downside to this endeavor. 70 Individual site consultation 7/6/2023 3:23 PM 71 A PR campaign to make having and caring for a heritage tree a status symbol, like owning a 7/6/2023 2:30 PM posh car or having lake access 72 Tree section in Hello LO- how many removed by species, how many replaced by species, 7/6/2023 9:21 AM carbon sequestation levels (gains and losses)graph/chart based on total LO tree canopy. 71/86 Lake Oswego Tree Survey Trees are not being replaced in the same areas at the rate their being removed. 73 Tree care and maintenance advice should include information on why limbing trees is poor for 7/6/2023 8:45 AM overall tree health. 74 Maintain the park's citizens pay for in bond measures. 7/5/2023 7:59 PM 75 Educate the city government and public about the importance of keep our trees 7/5/2023 1:33 PM 76 All of the above are meaningless unless developers aren't allowed to cut as many trees 7/5/2023 1:29 PM 77 Let be adjacent to Bryant Woods. Don't need more trees. 7/5/2023 11:14 AM 78 tighter restrictions on tree removal 7/5/2023 10:05 AM 79 The Arbor Day and heritage tree celebrations are great but they don't address the real problem. 7/5/2023 8:51 AM It's like celebrating Mother's Day one day a year then abusing/neglecting your mother the other 364 days of the year. These single day celebrations ring hollow without substantive education and incentive programs. 80 None 7/5/2023 8:27 AM 81 Heritage Tree Program is woefully underutilized 7/1/2023 4:36 AM 82 Awareness of need to care for mature trees--occasional watering in summer and no 6/27/2023 3:23 PM compaction of roots. 83 None. Don't waste tax money on this 6/26/2023 9:56 PM 84 Lectures on the value of urban trees. 6/26/2023 9:04 PM 85 Tree thinning and trimming events. 6/26/2023 5:54 PM 86 The city needs to stop having well intentioned but seriously lacking in any bona fides people 6/26/2023 9:36 AM being their spokespersons. Everyone knows that a big tree will lose every time to development. 87 Provide education on planting the"right tree in the right place" concept. 6/25/2023 11:00 PM 72 /86 Lake Oswego Tree Survey Q15 Do you live or work in the City of Lake Oswego? (select all that apply) Answered: 533 Skipped: 49 Live 111rMa Work Neither 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES , RESPONSES Live 95.87% 511 Work 30.02% 160 Neither 1.88% 10 Total Respondents: 533 73/86 Lake Oswego Tree Survey Q16 If you live in Lake Oswego, in which neighborhood do you live? Answered: 524 Skipped: 58 Palisades 10.50%(55) Lakeview Summit 2.29%(12) Lake Grove 8.78%(46) Waluga 2.48%(13) Hallinan 2.86%(15) `, --- Forest Highlands 8.21%(43) McVey-South Shore 4.01%(21) �/ Uplands 4.96%(26) Ilk First Addition-Forest Blue Heron 5.34%(28) \ Hills 7.63%(40) Bryant 5.53%(29) j Mountain Park 6.68%(35) Lake Forest 5.53%(29) Evergreen 6.49%(34) 74/86 Lake Oswego Tree Survey ANSWER CHOICES RESPONSES Palisades 10.50% 55 Lake Grove 8.78% 46 Forest Highlands 8.21% 43 First Addition- Forest Hills 7.63% 40 Mountain Park 6.68% 35 Evergreen 6.49% 34 Lake Forest 5.530/0 29 Bryant 5.53% 29 Blue Heron 5.34% 28 Uplands 4.96% 26 McVey-South Shore 4.01% 21 Hallinan 2.86% 15 Waluga 2.48% 13 Oak Creek 2.29% 12 Lakeview Summit 2.29% 12 Westlake 2.10% 11 Rosewood 2.10% 11 Westridge 2.10% 11 Foothills 1.34% 7 Lakewood 1.34% 7 North Shore Country Club 1.34% 7 I do not live in Lake Oswego 1.34% 7 Marylhurst 1.15% 6 Holly Orchard 0.76% 4 Glenmore 0.76% 4 Childs 0.57% 3 Not sure 0.57% 3 Old Town 0.38% 2 Birdshill 0.19% 1 John's Woods 0.19% 1 Skylands 0.19% 1 TOTAL 524 75 /86 Lake Oswego Tree Survey Q17 Which of the following best describes your housing type? Answered: 534 Skipped: 48 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Apartmen Single Duplex Condomin Group Mobile Unhoused Other t family ium home home (please home specify) ANSWER CHOICES RESPONSES Apartment 3.75% 20 Single family home 85.77% 458 Duplex 1.31% 7 Condominium 5.24% 28 Group home 0.00% 0 Mobile home 0.00% 0 Unhoused 0.00% 0 Other(please specify) 3.93% 21 TOTAL 534 # OTHER(PLEASE SPECIFY) DATE 1 1960 Architect designed/built Mid-Century Modern single family home on heavily wooded lot 8/20/2023 6:34 PM with approx. 2 dozen 100ft+ fir trees and abundant other heritage mature natural shrubs/bushes. 2 Townhome 8/17/2023 2:21 PM 3 other 8/5/2023 3:20 PM 4 Maryswood 7/21/2023 2:55 PM 5 What concern is that to trees 7/21/2023 9:35 AM 6 Townhome 7/21/2023 4:56 AM 7 CCRC Senior housing at Mary's Woods at Marylhurst 7/20/2023 8:10 PM 8 Townhome 7/20/2023 7:40 PM 9 Greenridge Townhomes 7/17/2023 2:18 PM 76/86 Lake Oswego Tree Survey 10 Public Housing! 7/11/2023 1:39 PM 11 townhouse 7/7/2023 1:16 PM 12 Townhouse 7/6/2023 4:14 PM 13 Townhome 7/6/2023 2:31 PM 14 Work here, business located here 7/6/2023 12:11 PM 15 Townhome-triplex 7/6/2023 9:23 AM 16 townhome 7/5/2023 10:37 AM 17 CCR 6/30/2023 12:54 PM 18 Townhouse 6/27/2023 11:23 AM 19 Townhouse condominium 6/26/2023 9:07 PM 20 Townhouse Rows 6/26/2023 6:55 PM 21 House Boat 6/25/2023 11:01 PM 77 /86 Lake Oswego Tree Survey Q18 Which of the following best describes your current housing situation? Answered: 535 Skipped: 47 Homeowner Renter I Living with others but n... Living with others but... Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Homeowner 90.84% 486 Renter 5.79% 31 Living with others but not paying rent 0.93% 5 Living with others but assisting with paying rent 0.56% 3 Other(please specify) 1.87% 10 TOTAL 535 # OTHER(PLEASE SPECIFY) DATE 1 Maryswoods 7/21/2023 2:55 PM 2 Why should trees care 7/21/2023 9:35 AM 3 CCRC, Senior housing, living with spouse, paying fees 7/20/2023 8:10 PM 4 I don't see the relevance 7/17/2023 6:07 AM 5 Live with my parents 7/11/2023 9:43 PM 6 Public Housing Advocate. Working on practel housing to solve homelessness and to get us to 7/11/2023 1:39 PM offer it at costs down overall. PREVENTION of homelessness long term. 7 Resident caregiver for my partner of 35 years. 7/7/2023 7:18 AM 8 Work 7/6/2023 12:11 PM 9 CCRC 6/30/2023 12:54 PM 10 I am the life partner of a owner/ resident 6/26/2023 6:55 PM 78/86 Lake Oswego Tree Survey Q19 Which of the following best describes you? (select all that apply) Answered: 533 Skipped: 49 100% 90% 80% 70% 60% 50% 40% 30% 20% 10c/o 0% American Asian African Hispanic Native White Prefer Somethin Indian American , Hawaiian or not to g else or Black Latinx, or Caucasia say (please or... Pacif... n specify) ANSWER CHOICES RESPONSES American Indian 1.69% 9 Asian 3.94% 21 African American or Black 0.38% 2 Hispanic, Latinx, or Spanish origin 2.06% 11 Native Hawaiian or Pacific Islander 0.38% 2 White or Caucasian 77.67% 414 Prefer not to say 16.51% 88 Something else (please specify) 3.56% 19 Total Respondents: 533 SOMETHING ELSE (PLEASE SPECIFY) DATE 1 Human 8/20/2023 5:27 PM 2 From India 8/12/2023 12:39 PM 3 Human, judged by the content of my character 8/9/2023 1:41 PM 4 American why should trees care about race and color 7/21/2023 9:35 AM 5 mixed 7/20/2023 4:53 PM 6 I don't think my heritage has anything to do with tree preservation 7/17/2023 3:16 PM 7 Why is this relevant? 7/16/2023 2:36 PM 8 Indigenous (Latin America) 7/14/2023 4:25 PM 9 What does this have to do with this survey about urban forests? 7/13/2023 9:50 PM 10 Its always checked White, but lately I am thinking about how I can check prefer not to say. 7/11/2023 1:39 PM 79/86 Lake Oswego Tree Survey 11 Stop segregating the population, we are all Americans. 7/10/2023 8:34 AM 12 American -what does this have to do with trees? 7/7/2023 12:53 PM 13 Why do you need to know this? 7/7/2023 10:17 AM 14 0.2% Sub-Saharan African 7/6/2023 5:49 PM 15 Jewish, Eastern European 7/6/2023 2:59 PM 16 This question is insulting, this is a survey regarding trees 7/5/2023 1:31 PM 17 Scandinavian 7/5/2023 11:40 AM 18 Race is a human not a biological construct. Not sure how race is relevant to a discussion 7/3/2023 6:03 AM about trees. 19 Mediterranean 6/26/2023 9:07 PM 80/86 Lake Oswego Tree Survey Q20 What is your age group? Answered: 531 Skipped: 51 Under 18 18-24 25-34 35-44 45-54 55-64 65+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Under 18 0.56% 3 18-24 0.94% 5 25-34 2.82% 15 35-44 14.69% 78 45-54 16.57% 88 55-64 22.60% 120 65+ 41.81% 222 TOTAL 531 81/86 Lake Oswego Tree Survey Q21 What is the highest level of education you have attained? Answered: 527 Skipped: 55 No high school diploma High school diploma or... Some college but no degree Associate degree Bachelor degree Graduate degree 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES No high school diploma 0.76% 4 High school diploma or equivalent(e.g., GED) 0.76% 4 Some college but no degree 5.31% 28 Associate degree 4.36% 23 Bachelor degree 36.62% 193 Graduate degree 52.18% 275 TOTAL 527 82 /86 Lake Oswego Tree Survey Q22 How did you hear about this survey? Answered: 534 Skipped: 48 Email Social media (Facebook,... Other(please specify) HelloLO City of Lake Oswego Website Pollination Celebration Farmer's Market Other Public Event 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Email 49.06% 262 Social media(Facebook, Instagram, Nextdoor, etc.) 23.03% 123 Other(please specify) 17.79% 95 HelloLO 8.43% 45 City of Lake Oswego Website 6.74% 36 Pollination Celebration 1.87% 10 Farmer's Market 1.69% 9 Other Public Event 0.56% 3 Total Respondents: 534 # OTHER(PLEASE SPECIFY) DATE 1 PNA email 8/21/2023 10:08 AM 2 The Palisades Neighborhood Association 8/21/2023 7:23 AM 3 Flyer at the LO library checkout desk. Did NOT hear about it anywhere else. Might consider 8/20/2023 10:15 PM extended response deadline. Thank you for this opportunity to comment! 83/86 Lake Oswego Tree Survey 4 Neighborhood Association 8/20/2023 6:34 PM 5 Friends from the neighborhood concerned about the city's deforestation projects going on 8/20/2023 4:44 PM 6 Palisades Neighborhood Association 8/20/2023 4:33 PM 7 Neighbor 8/20/2023 3:50 PM 8 PNA newsletter 8/20/2023 3:49 PM 9 Neighbor 8/20/2023 3:38 PM 10 Palisades Neighborhood website 8/20/2023 3:23 PM 11 Nextdoor 8/20/2023 2:45 PM 12 Facebook 8/20/2023 12:42 PM 13 Next Door 8/19/2023 8:08 AM 14 Neighborhood association email 8/19/2023 7:55 AM 15 Friend 8/18/2023 10:06 PM 16 Neighbor 8/18/2023 11:39 AM 17 Posted in park 8/18/2023 11:14 AM 18 Parks Board 8/18/2023 9:36 AM 19 Only heard about as i proactively reached out to the City on my concerns related to a lack of 8/18/2023 8:54 AM vegetation fuels management in our green spaces. 20 During type 2 permit application 8/14/2023 9:38 AM 21 Tree identification forest walk 8/14/2023 7:26 AM 22 word of mouth 8/13/2023 2:39 PM 23 not sure...I just have the postcard...maybe Farmer's Market 8/13/2023 2:14 PM 24 handed survey by Arborist when she was examining permits 8/11/2023 6:09 PM 25 signage in park 8/8/2023 5:57 PM 26 neighborhood association 8/6/2023 12:12 PM 27 friend 8/5/2023 3:20 PM 28 LO newspaper 8/5/2023 2:49 PM 29 Library 8/5/2023 11:38 AM 30 Neighborhood Association 8/4/2023 4:27 PM 31 Palisades Neighborhood Association website 8/4/2023 2:12 PM 32 Neighborhood Association email 8/3/2023 8:53 AM 33 Friend 8/1/2023 11:29 AM 34 The Lede 7/31/2023 8:37 PM 35 Flyer in park 7/29/2023 6:05 PM 36 from being on the Evergreen Neighborhood Assoc Board 7/29/2023 12:38 PM 37 a friend 7/28/2023 9:05 AM 38 Poster in Roehr Park 7/27/2023 3:53 PM 39 Review 7/26/2023 3:11 PM 40 Neighborhood association 7/25/2023 6:01 PM 41 Iron Mountain park 7/25/2023 4:05 PM 84/86 Lake Oswego Tree Survey 42 Evergreen news letter 7/25/2023 3:29 PM 43 Neighborhood Asso 7/25/2023 3:21 PM 44 Neighbor/Friend Flier from a friend 7/24/2023 4:41 PM 45 Poster at Waluga park. 7/23/2023 9:34 AM 46 person on committee 7/21/2023 3:59 PM 47 Lake Grove Homeowners Association 7/21/2023 12:26 PM 48 Sundaleaf park bathroom poster 7/21/2023 10:43 AM 49 email Email 7/21/2023 9:35 AM 50 Neighborhood association forwarded it 7/19/2023 6:25 PM 51 Flyer 7/19/2023 12:21 PM 52 neighborhood assoc. 7/18/2023 2:25 PM 53 iron mountain park poster 7/18/2023 6:46 AM 54 Neighbor/Friend Family member 7/17/2023 3:53 PM 55 Neighborhood Chairs Committee meeting 7/17/2023 3:16 PM 56 Neighborhood app 7/17/2023 6:07 AM 57 email Blue heron email 7/15/2023 8:18 PM 58 Neighborhood association 7/15/2023 5:58 PM 59 Neighborhood Chairs Meeting 7/15/2023 1:18 PM 60 Mayor Buck's Instagram 7/14/2023 4:25 PM 61 Friend 7/11/2023 9:54 PM 62 Family member 7/11/2023 9:43 PM 63 Library 7/11/2023 8:41 PM 64 Neighbor/Friend Neighbor 7/10/2023 2:18 PM 65 LO Down/newsletter 7/10/2023 7:21 AM 66 Poster 7/9/2023 1:29 PM 67 LODown 7/9/2023 7:45 AM 68 Neighbor/Friend Neighbor 7/7/2023 12:53 PM 69 Neighbor/Friend wife 7/7/2023 10:17 AM 70 email email from Mayor Buck 7/6/2023 9:40 PM 71 email email letter from Mayor Buck 7/6/2023 4:10 PM 72 email LODown City email 7/6/2023 3:49 PM 73 Some of these questions are extremely poorly written and leading. 7/6/2023 2:42 PM 74 NextDoor App 7/5/2023 10:38 PM 75 Nextdoor 7/5/2023 7:55 PM 76 i live on berwick road. not sure name of neighborhood 7/5/2023 10:06 AM 77 Bryant neighborhood association 7/3/2023 3:19 PM 78 Tree group 7/1/2023 4:37 AM 79 Nextdoor 6/30/2023 9:12 PM 85 /86 Lake Oswego Tree Survey 80 Neighbor/Friend Forwarded by a friend 6/30/2023 8:37 PM 81 Member of an advisory group 6/30/2023 12:54 PM 82 Library 6/29/2023 3:37 PM 83 Senior Advisory Board meeting 6/28/2023 12:05 PM 84 Neighbor/Friend Referred 6/28/2023 5:56 AM 85 Neighbor/Friend Neighbor 6/27/2023 3:03 PM 86 Planning Commission Meeting 6/27/2023 1:13 PM 87 Parks and Rec Advisory Board 6/27/2023 12:40 PM 88 email Library Advisory Board Email 6/27/2023 11:23 AM 89 Palisades Neighborhood Association 6/26/2023 11:09 PM 90 City Council Meeting 6/20/23 6/26/2023 9:19 PM 91 email Urban Forest email list 6/26/2023 6:55 PM 92 I don't know 6/26/2023 5:29 PM 93 Neighbor/Friend From friends 6/26/2023 10:46 AM 94 Neighbor/Friend friend 6/26/2023 9:37 AM 95 City staff 6/26/2023 8:03 AM 86/86 UCFP Update Pest Risk Assessment DECEMBER 2023 Prepared for: CITY OF LAKE OSWEGO Contact: Jessica Numanoglu Prepared by: DUDEI( 92 Lenora Street, Suite 108 Seattle, Washington Contact:Abby Beissinger DUDEK.COM Urban Forest Pest Ready Assessment This short self-assessment answers the question: "Are you Urban Forest Pest Ready?"Once the assessment is completed,you will have an Urban Forest Pest Ready score and a list of actions to prioritize. Instructions 1. Review the assessment metrics to understand the urban forestry and risk management experts you would like to convene. Assessment metrics include Understanding Risk, Capacity to Support a Response, Ability to Expedite Informed Decision-Making and Community Support to Expand Your Impact. 2. Complete the assessment with urban forestry experts that have the institutional knowledge of your jurisdiction. If your community does not employ an urban forestry expert, include other staff with tree-related responsibilities or community members with relevant knowledge of trees and the local environment. 3. If you can definitively answer 'yes' to the question, check the box and move to the next question. If you answer 'not sure', see the related action for more information before answering. If you answer 'no' do not check the box and move to the next question. 4. Tally your score. 5. Rank your priority assessment metrics based on where you have the greatest point gap from meeting the benchmarks and start with those actions first. 6. Share the results with decision makers and leadership as needed for launching your planning efforts. Disclaimer: The following benchmarks provide guidance towards prioritizing the action you can take and understanding general risk. It is not intended to grade compliance with local,state or federal laws or rate otherwise enforceable regulations. This Assessment is adapted from Washington Department o f Natural Resources's Urban Forest Pest Readiness Playbook PAGE 25 URBAN FOREST PEST READINESS PLAYBOOK Urban Forest Pest Ready Assessment o- UNDERSTANDING RISK QUESTION YES POINTS NO/NOT SURE? Tree Resources la. Has your community ever conducted a tree canopy analysis? X +� Has your city ever performed or does your city currently have a lb. tree-by-tree inventory containing data on individual trees' ❑ +3 species, sizes,conditions,and locations? 1c. Is the inventory less than io years old? ❑ +1 Id. Is the inventory less than 5 years old? +1 See Action 6 le. Does your inventory data include all or a significant majority of +2 all managed street and park trees? Is your inventory held in a geospatial database with location If. +2 data? Is your data able to be shared with others outside your 1g. +2 organization? Pests of concern Have you identified priority pest species that are a concern for 2. your community based on an understanding of common tree X +1 See Action 3 species in your urban canopy? Risk analysis Have you considered neighboring jurisdictions and/or nearby 3. natural resource economies like agriculture and forestry as part X +1 See Action 7 of your assessment of priority pests? URBAN FOREST PEST READINESS PLAYBOOK PAGE 26 Urban Forest Pest Ready Assessment Pest Pathways QUESTION YES POINTS NO/NOT SURE? Do you have an understanding of local hot spots for pest introduction to your community including (check yes if no hot spots exist): Locations where there is an influx of new residents or popular +1 4a. destinations for out-of-state visitors Transportation corridors and storage facilities for commercial +1 movement of forest and agriculture products Commercial ports (check yes if there are no commercial posts) X +1 See Action 4 Have you documented the locations and supplementary 4b. +1 information about size of these pest introduction hot spots? Has your community identified trees or locations that are 4c. +1 particularly pest vulnerable? Pest Prevention Does your city staff use Best Management Practices to prevent ❑ 5a. +1 the spread and introduction of pests? Do you or partners provide training for local contractors on See Action 13 5b. tree care or Best Management Practices to prevent the spread ❑ +1 and introductions of pests? Actions 3, 4, 6, 7, 13 Understanding risk subtotal 8 of 21 Continue to the next section to calculate your "Capacity to Support a Response" PAGE 27 URBAN FOREST PEST READINESS PLAYBOOK Urban Forest Pest Ready Assessment 411 CAPACITY TO SUPPORT A RESPONSE QUESTION YES POINTS NO/NOT SURE? Emergency Preparedness Do you have one or more staff that have been trained in 1. +1 See Action 18 Incident Command Systems (ICS)? Response Experience Have you participated in an invasive forest pest response in the 2a. last-2o years? See Action 17&20 Do you know the basic components of a pest response that a �y 2b. +z lead action entity would run in the event of a pest confirmation? Know Who to call Have you integrated the contact information for USDA-APHIS- PPQ, USDA Forest Service,Washington Invasive Species See 3 Council,Washington Department of Natural Resources, +2 Detection& Washington Department of Agriculture and/or Washington Reporting State University into your own systems so that a team member Section can easily know who to call if a pest is detected in your area? Supporting Organizations Have you worked with Washington Invasive Species Council, Washington State Department of Agriculture, or Washington 4a. State Department of Natural Resources state agency staff in the X +1 See Playbook overview past to support your program (could include training, consultation,workshops,grants,one-on-one discussions)? Do you know which partners and stakeholders to engage in 4b. X +1 See Action 9 order to garner support for a response? Sufficient Funding Do you know what funding options,both internal and external, 5. L +1 See Action 5 are available to you to respond to a pest? URBAN FOREST PEST READINESS PLAYBOOK PAGE 28 Urban Forest Pest Ready Assessment QUESTION YES POINTS NO/NOT SURE? Tree Management Are you actively enhancing your managed street trees,parks, and natural areas: To prevent invasive species establishment 6. To diversify tree plantings X +1 See Action 16 and 19 To restore areas after significant tree removal(for example removal of +1 damaged trees,invasive trees,hazard trees,or a forest pest response) Actions 5, 9, 16, 17, 18, 19, 20 Capacity to Support a Response subtotal 10 of 12 210 ABILITY TO EXPEDITE INFORMED DECISION-MAKING Urban Forestry Staff Do you have a staff person(s) or department(s) responsible for la. v +1 urban tree management? Y`� Would you consider most of your non-urban forestry-related See Action 1 lb departments to be informed on how their work impacts your X +1 urban forests? Local Authority Do you have any urban forestry management: Plan(s) X +1 2a. Policies X +1 See Action 2 City Code X +2 2b. Does your urban forestry management plan,policy, or codes +3 See Action 12 include information on pest management? Continue to the next section to calculate your "Community Support to Expand Your Impact" PAGE 29 URBAN FOREST PEST READINESS PLAYBOOK Urban Forest Pest Ready Assessment QUESTION YES POINTS NO/NOT SURE? Permitting Processes Are you familiar with permitting processes regarding (+1 for at least 4 of 7): • Public involvement/notices • Environmental and water quality a • Endangered species v +1 See Action • Property access requirements !� 8 and 15 • Pesticide registrations and applicator licenses • Plant quarantine compliance • Waste management practices • Historical site/archaeological permitting Leadership Do you have elected officials currently serving that have 4. demonstrated concern for urban forest pests or invested in +3 See Action 11 urban forest pest-related initiatives? Actions 1, 2, 8, 11, 12, 15 Ability to expedite informed decision-making subtotal 10 of 13 ':.8..: COMMUNITY SUPPORT TO EXPAND YOUR IMPACT Diverse Team la. Do you have experience bringing together diverse groups of �/ +1 stakeholders across departments and topics? /� lb. Do you have access to people with the following expertise or role involved in this assessment (+1 for each category filled): See Action 9 Tree or urban forest expert +1 City planner ' +1 Tree care professional or other community stakeholders +1 URBAN FOREST PEST READINESS PLAYBOOK PAGE 3o Urban Forest Pest Ready Assessment Messaging Do you know the appropriate messaging and languages/ channels/forums to use when communicating with the 2. X +1 See Action 10 populations and neighborhoods most likely to be impacted by a pest detection? Public Awareness Do you have information in public outreach materials that you 3. X +1 See Action 10 distribute that covers the issues and risk of urban forest pests? Early Detection Do you promote the implementation of and recruitment to early 4. pest detection network (such as Master Gardeners,Washington , : +2 See Action 14 Pest Watch)? Actions 9, 10, 14 Community Support subtotal 6 of 8 Continue to the next section to see where your scores fall on the Urban Forest Pest Ready benchmarks and determine which actions to take next! URBAN FOREST PEST READY SCORECARD eUnderstanding Risk 8 of 21 C Capacity to Support a Response 10 _ of 12 0 Ability to Expedite Informed Decision-Making 10 of 13 lepCommunity Support to Expand Your Impact 6 of 8 Continue to the next section to see where your scores fall on the readiness benchmarks and determine which actions to take next! PAGE 31 URBAN FOREST PEST READINESS PLAYBOOK Urban Forest Pest Ready Assessment How do your scores compare to the Urban Forest Pest Ready benchmarks? Rank your priority assessment metrics based on where you have the greatest point gap from meeting the benchmarks on the next page and start with those actions first.You can track your priority actions using the Readiness Items Tracking Table in online playbook resources. The benchmarks are based on a hypothetical assessment of a community engaged in a mid-range planning effort who has demonstrated institutional buy-in to pest readiness. The benchmarks were developed with input from Urban Forest Pest Readiness Steering Committee,which consists of representatives from experienced federal and state agencies,universities, and municipalities. Disclaimer: The following benchmarks provide guidance towards prioritizing the action you can take and understanding general risk. It is not intended to grade compliance with local,state or federal laws or rate otherwise enforceable regulations. URBAN FOREST PEST READINESS PLAYBOOK PAGE 32 Urban Forest Pest Ready Assessment Urban Forest Pest Ready Benchmarks BENCHMARK Understanding Risk II 0=�_ Risk of falling below benchmarks: Not knowing the natural resources you are trying to protect and the risks to those resources increases vulnerability to tree loss and pest introductions. 0 12 21 pts Actions addressed:3,4,6,7,13 C BENCHMARK t7 Capacity to Support I M ��ti a Response 79 Risk of falling below benchmarks: Disorganized 0 planning processes drain local resources and decrease your ability to effectively respond to U 8 12 pts pests and protect natural resources. N el. Actions addressed:5,9,16,17,18,19,zo BENCHMARK V Ability to Expedite Informed ®0 0 Decision-Making Risk of falling below benchmarks: Misinformed or m slow-paced decision-making diminishes your CU ability to effectively respond to pests and protect 7 13 pts natural resources. CL Actions addressed: i,2,8, it,ia,i5 BENCHMARK Community support to Expand your Impact •'S'• Risk of falling below benchmarks: Poor communication, adversarial relationships with community members, and/or inexperienced 0 4 8 pts team members makes it increasingly difficult to detect and respond to pest threats. Actions addressed:9,10,14 Scoring above the Urban Forest Pest Ready benchmarks? Great! Review the actions which you have not yet completed and review the Checklist of Readiness Actions to create a schedule for when and how often to revisit your actions. PAGE 33 URBAN FOREST PEST READINESS PLAYBOOK UCFP Update Municipal Code Redline DECEMBER 2023 Prepared for: CITY OF LAKE OSWEGO Contact:Jessica Numanoglu Prepared by: DUDEK 92 Lenora Street,Suite 108 Seattle,Washington Contact:Abby Beissinger LOC Chapter 55 Tree Code Redline Article 55.02 Commented[JD1]:Oregon Revised Statute(ORS) Tree Removal.Revised 1/23 197.307(4)requires that local governments adopt and apply clear and objective standards,conditions,and procedures Sections: regulating the development of"needed housing."This is to ensure that communities do not use discretionary or 55.02.010 Purpose. subjective criteria to deny housing projects or discourage 55.02.020 Definitions. housing through unreasonable cost or delay. 55.02.025 Exempt Activities. The suggested revisions in this ordinance review align with 55.02.030 Prohibited Activities. this requirement for the City's Tree Code. 55.02.035 Tree Removal in Conjunction with Major or Minor Development Permit. 55.02.040 Repealed.Ord.No.2059,06-16-92. 55.02.041 Repealed.Ord.No.2221,01-18-00. 55.02.042 Permit Classifications and Review Procedures. 55.02.045 Repealed.Ord.No.2221,01-18-00. 55.02.050 Application for Permits. 55.02.060 Fees. 55.02.061 Repealed.Ord.No.2097, 12-20-94. 55.02.065 Repealed.Ord.No.2221,01-18-00. 55.02.067 Repealed.Ord.No.2097, 12-20-94. 55.02.070 Repealed.Ord.No.2059,06-16-92. 55.02.071 Repealed.Ord.No.2097, 12-20-94. 55.02.072 Forest Management Permit. 55.02.075 Repealed.Ord.No.2221,01-18-00. 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits. 55.02.082 Staff Decision and Notice Requirements for Type II Permits and Major Forest Management Permits;Issuance of Permit. 55.02.084 Mitigation Required. 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit.Revised 1/23 55.02.090 Repealed.Ord.No.1807,09-15-81. 55.02.092 Expiration of Tree Cutting Permits. 55.02.094 Conditions of Approval for Tree Cutting Permits. 55.02.100 Repealed.Ord.No.1807,09-15-81. 55.02.110 Repealed.Ord.No.1807,09-15-81. 55.02.120 Repealed.Ord.No.1807,09-15-81. 55.02.125 Evidence of Violation. 55.02.130 Penalties. 55.02.135 Repealed.Ord.No.2221,01-18-00. Appendix 55.02-1 Native Mitigation Tree List. 55.02.010 Purpose. S}#RRE The purpose of this chapter is to regulate the removal of trees,encourage and assist property owners in managing large forested properties,and prescribe preventative protection measures to avoid damage to trees during site development in order to preserve the wooded character of the City of Lake Oswego and to protect trees as a natural resource of the City. (Ord.2721,Amended,07/19/2016;Ord.2664,Amended,04/07/2015;Ord.2221,Amended,01/18/2000; Ord.2097,Amended,12/20/1994;Ord.2059,06/16/1992;Ord.1429,05/18/1971) 55.02.020 Definitions. '0 SNORE Arborist means a person who has met the criteria for certification from the International Society of Arboriculture and maintains accreditation. Basal Area means the cross-sectional area(in square ft.)of the trunk of a tree measured 54 in.(4.5 ft.) above mean ground level at the base of the trunk,calculated from the diameter at that height(DBH); basal area equals tree diameter squared,times 0.005454.This is the same as radius divided by 12, squared,times Pi(approximately 3.14159).For an explanation of how to calculate the tree diameter,see definition of"Caliper Inch"below. Caliper or Caliper Inch.Where this Code requires a minimum caliper or caliper inch tree,the caliper inch of the tree proposed to meet the requirement is determined by: a. If the required caliper inch is less than four in.,the circumference of the tree trunk is measured six in. above the root ball(for nursery stock or other trees not in ground),or if planted,the ground. b. If the required caliper inch is four in.or more,the circumference of the tree trunk is measured 12 in. above the root ball(for nursery stock or other trees not in ground),or if planted,the ground. The circumference(in inches)is divided by 3.14 to determine the caliper inch of the tree. City Manager means the City Manager or the City Manager's designee. Dead or Declining Tree means a tree is lifeless or is in a state of progressive and irreversible decline. Among the factors that could be considered to determine if the tree is lifeless include unseasonable lack of foliage,brittle dry branches,or lack of any growth during the growing season.Among the factors that could be considered to determine if the tree is in progressive and irreversible decline include chlorotic foliage,an overall thinning of the crown,significant branch mortality,top dieback,premature fall coloration and defoliation,or abnormally abundant fruit and flower production. Diameter at Breast Height or DBH means the tree trunk diameter measured at 4.5 ft.(54 in.)above mean ground level at the base of the trunk,except that if a tree splits into multiple trunks above ground but below 4.5 ft.,the trunk is measured at its most narrow point beneath the split.The diameter is calculated by dividing the circumference by 3.14. Dripline means an imaginary vertical line extending downward from the outermost tips of a tree's branches to the ground. Forest Management Professional means a certified or licensed(as applicable)arborist,forester, landscape architect,forest ecologist,or similar natural resource professional,with expertise in developing silvicultural prescriptions. Forested Tract,Large means a lot,parcel,or tract,or a portion thereof,one acre or larger in area containing not less than one acre of tree canopy or meeting the applicable stocking level for high/medium/low site class(es),as applicable,under the Oregon Forest Practices Act(OFPA).Where stocking level is used(e.g.,for a forest management permit)site class is determined by a qualified forest management professional at the time of application submittal.A property may have more than one large forested tract on it,and forest land on contiguous tracts under the same ownership may be considered together in calculating the minimum area of one acre. Fruit Tree means the tree is of a species that can bear an annual crop of edible fruit that is grown for human consumption.For the purposes of this chapter,trees that produce fruits comprised of a hard shell and a seed,commonly referred to as nuts,are excluded(e.g.,walnut,chestnut,oak). Invasive Tree Species means a tree species listed on the Invasive Tree Species List on file with the Planning Department.The Invasive Tree Species List shall include: a. Tree species listed by resolution of the City Council;and b. Tree species added by the City Manager from time to time,upon finding that the tree species has been introduced to locations outside of its native range,the tree species has spread and now persists over large areas,and the tree species negatively impacts natural ecosystems by displacing native species,reducing biological diversity and interfering with natural succession. Native Mitigation Tree List means the list of trees listed in Appendix 55.02-1,which are suitable mitigation for the removal of a native tree approved by a Type II permit(LOC 55.02.080;LOC 55.02.084(4)(a)(ii)). Native Tree means a tree identified as native in the City's Master Plant List(LOC 50.11.004 Appendix D). Person means any individual or legal entity. Removal means to cut down a tree or remove all or 50%or more of the crown,trunk,or root system of a tree;or to damage a tree so as to cause the tree to decline,die,or to qualify as hazardous (LOC 55.02.042(4))."Removal"includes but is not limited to topping,damage inflicted upon a root system by application of toxic substances,operation of equipment and vehicles,storage of materials,change of natural grade due to unapproved excavation or filling,or unapproved alteration of natural physical conditions."Removal"does not include normal trimming or pruning of trees. 'Significant Tree means a healthy,noninvasive tree over 15 in.DBH that is considered significant to the neighborhood due to size,species,or distinctive character,or the only remaining tree on a property.' Commented[JD2]:Heritage tree determination is dependent on subjective criterion.It is recommended that Single-Family Dwelling for the purpose of this chapter means any of the following:a detached home,a this definition is updated to depend on clear and objective criteria. townhouse or rowhouse,a zero lot line dwelling,duplex,or a condominium unit where the tree cutting permit relates to a tree located in the'private yard 'of such a unit. Commented[AB3]:Consider adding ROW to this definition as well Stand(of trees)means a group of trees(of the same species or a mixture of species)that forms a visual and biological unit at least 15 ft.in height with a contiguous crown width of at least 120 ft. Stocking means the number of trees on a given area,as in the case of trees per acre required to be retained or planted after removal under a forest management permit."Restocking"means trees planted under a forest management permit for reforestation.Stocking counts trees of all sizes and ages,including seedlings and young trees. Street Tree means a tree 1.5 in.or larger in diameter at breast height(DBH)located within the public right-of-way,a pedestrian easement abutting a right-of-way,or within a street tree easement,or used to meet the street tree requirements for a prior development permit. Stump means a tree of six ft.in height or less whose top was removed either under a tree removal permit or by an act of nature. 'Topping means the severe cutting back of a tree's limbs to stubs three in.or larger in diameter within the Commented[AB4]:Add a topping permit definition tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. 'Tree means any woody plant having a trunk six in.or larger in diameter at breast height(DBH),except Commented[ABS]:Street tree defines a tree as 1.5"or that for purposes of restocking,"tree"means a woody perennial plant,often but not always with one larger.This tree definition says a tree is 6"or larger.This dominant trunk,with the capacity to achieve a mature height greater than 16 ft.If a tree splits into multiple definitions should be aligned. trunks above ground,but below 4.5 ft.,it is considered one tree.If the tree splits into multiple trunks below ground,each trunk shall be considered one tree.For the purposes of this chapter,stumps,shrubs,and hedges that otherwise meet the above description(common examples include rhododendrons,camellia, English laurel,Portuguese laurel,photinia,arborvitae,and hazelnuts)shall not be considered a"tree." Tree Canopy means the total ground area covered by a tree or a stand of trees,as measured at the outer limit of tree branches or crown(tree's dripline),projected to the ground_.'This is alto rcfcrrcd to as the trcc dripline.' [Commented[AB6]:As written,Tree canopy and tree dripline are conflated to be the same thing. See edit. Tree Cutting Permit means written authorization from the City for a tree removal to proceed as described in an application,such authorization having been given in accordance with this chapter. Tree Risk Assessor Qualified Arborist means a person who has met the criteria for qualification in tree risk assessment from the International Society of Arboriculture and maintains accreditation. Utilities means water,sewer,gas,electric,and telecommunications services,including all infrastructure required for an exchange. (Ord.2890,Amended,03/17/2022;Ord.2830,Amended,10/01/2019;Ord.2772,Amended,02/06/2018; Ord.2721,Amended,07/19/2016;Ord.2664,Amended,04/07/2015;Ord.2649,Amended,07/29/2014; Ord.2576,Amended,11/15/2011;Ord.2221,Amended,01/18/2000;Ord.2097,Amended,12/20/1994; Ord.2059,06/16/1992;Ord.1631,07/20/1976;Ord. 1429,05/18/1971) 55.02.025 Exempt Activities! SHARE This chapter does not apply to the removal of trees less than six in.DBH. (Ord.2721,Amended,07/19/2016;Ord.2664,Added,04/07/2015) 55.02.030 Prohibited Activities. SHRl 1. No person shall remove a tree without first obtaining a tree cutting permit from the City pursuant to this chapter. 12. No person shall top a tree without first obtaining a topping permit from the City pursuant to this chapter. ... Commented[JD7•Clarify that top ping permits are limited to utility providers.Anyone else who wants to top a (Ord.2830,Amended, 10/01/2019;Ord.2721,Amended,07/19/2016;Ord.2221,Amended,01/18/2000; tree is required to obtain a tree removal permit. Ord.2097,Amended,12/20/1994;Ord.2059,06/16/1992;Ord.1429,05/18/1971) 55.02.035 Tree Removal in Conjunction with Major or Minor Development Permit.° $HARE 121 1. If a major or minor development permit applied for pursuant to LOC 50.07.003.15 or 50.07.003.14, respectively,would require or result in tree removal and/or a tree cutting permit as defined in this chapter, compliance with LOC 55.02.080 shall be a criterion of approval of such development permit.Tree removals in conjunction with a major or minor development permit shall be considered in conjunction with such permit and shall be subject to the application,notice,hearing and appeal procedures applicable to the proposed major or minor development.The required notice for major or minor developments that would require or result in tree removals shall include a site plan indicating the location of any trees proposed for removal on the subject site.The proposed trees shall also be flagged with yellow flagging tape on site.Such flagging shall be maintained until a final decision on the proposal is rendered.The remaining notice,hearing and appeal procedures in LOC Chapter 55 shall not apply to tree removals considered in conjunction with a major or minor development request.Subsequent tree removals that have not been reviewed through either major or minor development procedures shall be reviewed as provided in this chapter. 2. Once a final decision has been rendered on the major or minor development permit,trees that have been approved for removal as part of that decision shall be subject to the verification permit process. Applications for verifications shall be made on the application forms as prescribed by the City Manager and be accompanied by an application fee as established by resolution of the City Council.The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval will be considered a violation of this chapter.The criteria contained in LOC 55.02.080 shall not apply to verification applications for tree cutting permits. 3. If a tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code, the tree removal application shall be processed as a modification to that land use action and shall be reviewed subject to the criteria of LOC 55.02.080 by the body responsible for reviewing such land use actions.Such modification procedure shall not be required in cases of an emergency as provided in LOC 55.02.042(5),or when the tree is dead as provided in LOC 55.02.080(1)or is a hazard as provided in LOC 55.02.080(2). (Ord.2727,Amended, 11/01/2016;Ord.2721,Amended,07/19/2016;Ord.2579,Amended,03/20/2012; Ord.2316,Amended,03/05/2002;Ord.2221,Amended,01/18/2000;Ord.2097,Enacted,12/20/1994) 55.02.040 Repealed.Ord.No.2059,06-16-92. SHARE 55.02.041 Repealed.Ord.No.2221,01-18-00.:7 sHRRE 55.02.042 Permit Classifications and Review Procedures.e 0 sIRRE A person who desires to remove a tree shall first apply for and receive one of the following tree cutting permits before tree removal occurs: 1. Type 1 Permit is required for: a. A property that is located in a residential zone and is occupied by a single-family dwelling; b. Removal of up to two trees,15 in.DBH or less per tree within a calendar year,and removal of any number of fruit trees regardless of size;and c. A tree that is not: i. Protected by a condition of approval of a development permit pursuant to the Lake Oswego Community Development Code; ii. Located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC 50.06.009; iii. A heritage tree per LOC Article 55.06; iv. Located within an IRC or RP district or an HBA protection areal; [Commented[AB8]:Define these acronyms v. Located within the Willamette River Greenway(WRG)overlay district; vi. Located within the 25-foot Oswego Lake Special Setback; vii. Located on property owned by the City of Lake Oswego or dedicated to the public, including parks,open space and public rights-of-way. Type I permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a Type I permit pursuant to this subsection. 2. Type II Permit: a. A Type II permit is required prior to any tree removal application that does not qualify for issuance of a Type I permit,dead tree removal permit,hazard tree removal permit,emergency permit,verification permit,topping permit,invasive tree species removal permit,or forest management permit as described in this section. b. Type II permits shall be reviewed and approved by the City Manager pursuant to LOC 55.02.080(approval criteria)and 55.02.082(notice requirements). 3. Dead Tree Removal Permit: a. The City shall issue a tree cutting permit for a dead tree,except as provided by subsection (3)(b)of this section,if the applicant demonstrates that a tree is dead or is in progressive and irreversible decline and warrants removal.The City may require the applicant to submit a report from an arborist substantiating that the tree is dead or in progressive and irreversible decline. lb. lln order to provide for wildlife habitat and natural processes,the City Manager may require the Commented[JD9]:The past two centuries fire retention of a dead tree.Dead trees shall not be removed if located in wetlands,RC protection suppression tactics in the American West have increased the fire return interval and created an unnatural fuel load in areas(LOC 50.05.010.5.b),HBA protection areas,stream corridors,parks or open space areas forest ecosystems,including riparian areas. required to be preserved as a condition of development approval unless the tree presents a potential hazard to persons or property as determined by a Tree Risk Assessment Qualified Snags serve as important habitat for numerous wildlife species.However,in some instances it may be beneficial to arborist. selectively remove fuels in high fire risk areas such as dry, steep,south-facing perennial stream banks and uplands. 4. Hazard Tree Removal Permit:The City shall issue a tree cutting permit for a hazard tree if the Small dead trees and shrubs that serve as ladder fuels should be prioritized for removal. applicant demonstrates that a tree is a hazard and warrants removal. It is recommended to grant more discretion for dead tree a. A hazard tree is a tree that is likely to fall and injure persons or property as evidenced by removals in the interest of wildfire preparedness. cracking,splitting,leaning or physical damage.A hazard tree may also include a tree that is causing damage to existing public or private services or public facilities and such facilities or services cannot reasonably be relocated or repaired.The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a lforeseeablel danger of Commented[AB10]:Per ISA industry best practice,the property damage to an existing structure and such hazard or danger cannot reasonably be City should specify a time frame for which the tree presents alleviated by treatment or pruning or moving the service or facility. a clear public safety hazard or danger.The City should specify the length of time. lb. The City may require the'applicant to submit a report from a Tree Risk Assessor Qualified Commented[JD11]:Ensure that the tree risk claimed in Arborist,confirming the hazard potential of the tree indicated by a high or extreme hazard rating in the application is accurate by verifying with the city's the International Society of Arboriculture qualitative tree risk assessment,along with an analysis of • contract arborist or requiring a TRAQ report alternative methods to alleviate the hazard without removal,and submit a completed hazard Commented[AB12]:Specify the time frame for the risk assessment,such as"the hazard potential of the tree within evaluation form as provided by the City. a three-year time frame..." 5. Emergency Permit: a. If the condition of a tree presents an immediate danger of collapse,and represents a clear and present hazard to persons or property,an emergency tree cutting permit may be issued.For the purposes of this subsection,"immediate danger of collapse"means that the tree is already leaning, and there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree cutting permit could be obtained through the nonemergency process."Immediate danger of collapse"does not include hazardous conditions that can be alleviated by pruning or treatment. b. An emergency permit shall be issued if a tree is leaning such that it rests either: i. On a structure;or ii. On another tree and there is a significant likelihood that the tree will topple or otherwise fail. c. If a utility service has been interrupted such that the applicant can demonstrate that repairs cannot be completed without the removal of a tree,an emergency permit shall be issued.If the tree is a significant tree or a heritage tree,the applicant must also demonstrate that the utility cannot practicably be relocated. d. Emergency tree cutting permits must be approved by the City Manager.If an emergency situation arises at a time when the City Manager is unavailable,and such emergency creates a significant likelihood that the tree will topple or otherwise fail before such official becomes available, the owner of the tree shall photograph the tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard.Within seven days of such removal,the owner of the tree shall apply for a retroactive emergency tree cutting permit and shall submit with the application evidence to demonstrate the emergency nature of the tree. e. The City may require the applicant to hire an arborist to review the evidence to ascertain whether the tree presented an immediate danger of collapse.The person or entity performing the removal shall not be eligible to provide this review.If there is no evidence or if the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this chapter,the application shall be denied and the owner of the tree shall be subject to penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084. 6. Invasive Tree Species Removal Permit:The City may issue a tree cutting permit for a tree that is on the Invasive Tree Species List upon the applicant's compliance with the requirements of LOC 55.02.050(1)(a). 7. Verification Permit: a. If a site has received development approval through a major or minor development process or for a ministerial resource enhancement project pursuant to LOC 50.05.010.5.c.iii(7) or 50.05.010.6.c.ii(1)(f),then a verification permit shall be issued for those trees approved for removal through that process.To obtain a verification permit,an applicant must clearly identify in the field the trees to be removed by tying yellow tagging tape around each tree and submitting a site plan indicating the location of the requested trees.The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The City Manager will then verify that the requested trees match the site plan approved through the major or minor development process or resource enhancement project.The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084.Such mitigation requirements shall be a condition of approval of the original development permit. b. Any tree not approved for removal through the original major or minor development review process or resource enhancement project shall not be approved as part of the verification permit process,unless the subject tree is located within an approved building footprint,public/private utility or improvement area,and no feasible alternative exists to preserve the tree.In such cases,the City may allow the tree to be removed without a Type II tree cutting permit process;however,the mitigation requirements of LOC 55.02.084 shall still apply. c. Verification permits shall be issued upon application and demonstration by the applicant that the request complies with this section.Verification permits shall not be issued prior to the issuance of a building permit for the subject property without prior authorization by the City Manager. 8. Topping Permit: a. A topping permit may be issued only if the following apply: i. A utility,public agency,or other person who routinely tops trees in furtherance of public safety may apply for a topping permit pursuant to this section based upon an arborist or forester report establishing a methodology for topping in compliance with this subsection. ii. Trees under utility wires may be topped only where other pruning practices are impractical. b. The City,in granting approval for tree removal in an open space or undeveloped area,may allow a tree to be topped to a designated height in order to maintain a"snag"for wildlife habitat. c. A tree cutting permit obtained for tree removal shall not authorize topping unless said tree cutting permit specifically authorizes such action. 9. Forest Management Permit,Minor or Major:The City shall issue a permit for tree cutting on a large forested tract upon the applicant's compliance with the requirements of LOC 55.02.072. (Ord.2772,Amended,02/06/2018;Ord.2721,Amended,07/19/2016;Ord.2687,Amended,12/15/2015; Ord.2664,Amended,04/07/2015;Ord.2579,Amended,03/20/2012;Ord.2576,Amended,11/15/2011; Ord.2316,Amended,03/05/2002;Ord.2260,Amended,09/05/2000;Ord.2221,Amended,01/18/2000; Ord.2097,Enacted,12/20/1994) 55.02.045 Repealed.Ord.No.2221,01-18-00.=' =4"kE 55.02.050 Application for Permits.0 SHARE El 1. An application for a tree cutting permit shall be made upon forms prescribed by the City. a. Invasive Tree Species Removal Permit.An application for an invasive tree species removal permit shall contain: i. Photograph(s)that positively identify the tree species; ii. The number,DBH,species,and location of the trees proposed to be cut on a site plan of the property.For large forested tracts,the City Manager may accept an estimate of the number of invasive trees to be removed with a site plan indicating the estimated number, location,DBH,and species; iii. Information as to whether the tree is located in a public right-of-way,is within a Resource Conservation or Resource Protection overlay district,or a required protection area for a Habitat Benefit Area,or is part of an approved landscape or mitigation plan;and iv. Any other information reasonably required by the City. b. Other Tree Removal Permits.An application for a tree cutting permit that is not for an invasive tree species removal permit shall contain: i. The number,DBH,species and location of the trees proposed to be cut on a site plan of the property,except as provided for a major forest management permit application under LOC 55.02.072(4); ii. A forest management plan,where an application is for a major forest management permit under LOC 55.02.072(4).The application shall provide an estimate of current and proposed stocking levels(number and basal area)of trees six in.or greater DBH by general categories of trees(e.g.,evergreen-conifer,evergreen-broad leaf,deciduous,etc.),and identify the names of the predominate tree species representing each category; iii. A statement of the reason(s)for removal; iv. A landscape plan for Type II tree removal if the purpose is to carry out the plan;and v. Any other information reasonably required by the City. 2. The applicant shall have the burden of proving that the application complies with the criteria for approval of the applicable class of permit. 3. Misrepresentation of any fact necessary for the City's determination for granting a tree cutting permit shall invalidate the permit.The City may at any time,including after a removal has occurred, independently verify facts related to a tree removal request and,if found to be false or misleading,may invalidate the permit and process the removal as a violation.Such misrepresentation may relate to matters including,without limitation,tree size,location,health or hazard condition,and owner's authorized signature. (Ord.2811,Amended,01/02/2019;Ord.2721,Amended,07/19/2016;Ord.2664,Amended,04/07/2015; Ord.2576,Amended,11/15/2011;Ord.2221,Amended,01/18/2000;Ord.2097,Amended,12/20/1994; Ord.2059,06/16/1992;Ord.1631,07/20/1976;Ord. 1429,05/18/1971) 55.02.060 FeeS'P.. SNRRE An application for a tree cutting permit shall be accompanied by a filing fee as established by resolution of the City Council. (Ord.2721,Amended,07/19/2016;Ord.2221,Amended,01/18/2000;Ord.2059,06/16/1992;Ord. 1429, 05/18/1971) 55.02.061 Repealed.Ord.No.2097,12-20-94.0 SNARE ig 55.02.065 Repealed.Ord.No.2221,01-18-00.0 SHARE El 55.02.067 Repealed.Ord.No.2097,12-20-94.p SHARE 55.02.070 Repealed.Ord.No.2059,06-16-92.:.7 SHARE El 55.02.071 Repealed.Ord.No.2097,12-20-94.0 SHARE El 55.02.072 Forest Management Permit.❑ SHARE 21 1. Purpose.The criteria for approval of forest management permits are intended to sustain forest cover and health,and assist property owners in managing forested properties,while minimizing the risk of catastrophic events such as wildfire,drought,pest and disease infestations,storms(tree blow-down),and landslides.In addition,large forested tracts can provide thermal comfort and energy conservation(where stands of trees provide summer shade and windbreaks);water quality(through reduced storm water runoff and erosion);air quality;noise reduction(e.g.,in areas of dense trees and shrubs);wildlife and biodiversity;income for property owners;and aesthetics,which can contribute positively to community identity,real estate values,commerce,recreation,and individual health and well-being. 2. Applicability.An owner of a large forested tract or the owner's authorized agent may apply for removal of one or more trees from the subject tract provided the tract is not subject to a pending application for minor or major development,and the subject trees are not: a. Noteworthy landscape features included in the Cultural Resources Inventory Field Form for a property that has been placed on the Historic Landmark Designation List pursuant to LOC 50.06.009,except if the"Statement of Significance"indicates the features are not significant to the landmark; b. A heritage tree per LOC Article 5506; c. Located within an RP or RC district,or HBA protection area; d. Located within the Greenway Management(GM)overlay district(LOC 50.05.009);or e. Located within the 25-foot Oswego Lake Special Setback(LOC 50.04.002). 3. Minor Forest Management Permit.An owner of a large forested tract or the owner's authorized agent may apply for a minor forest management permit to remove trees under the following criteria: a. Removal of up to six trees or four square ft.of basal area,whichever is greater,within one calendar year for every one acre(43,560 sq.ft.)of a large forested tract(round to the closest whole number of trees). b. Removal of any number of trees that meet the criteria in LOC 55.02.042 for a dead tree removal permit,hazard tree removal permit,emergency permit,topping permit,or invasive tree species removal permit may be combined in one minor forest management permit.The City Manager may require a report from a qualified forest management professional to address the respective criteria. c. Soil,felled trees,and debris shall be contained within the subject tract;forest management activities shall not cause erosion or alter the flow of surface waters onto an adjacent property.An erosion control permit approved by the City Manager pursuant to LOC Chapter 52 is required prior to tree removal activities that disturb 500 sq.ft.or more of land surface area,or any land area within 50 ft.of a stream corridor boundary. d. If the site was subject to a development permit,the removal of trees shall not be contrary to the development permit pursuant to LOC Chapter 50. Minor forest management permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a minor forest management permit pursuant to this subsection. 4. Major Forest Management Permit(Forest Management Plan).An owner of a large forested tract or the owner's authorized agent may apply for a major forest management permit to remove more trees than would be permitted under a minor forest management permit.An application for a major forest management permit shall be accompanied by a forest management plan prepared by a qualified forest management professional,which shall be reviewed and approved by the City Manager pursuant to the notification requirements in LOC 55.02.082 and the following criteria: a. The forest management plan shall include a description of the existing conditions and identify and describe the forest management objectives that it is intended to implement for each tree stand type proposed for treatment.Forest management objectives include pest and disease management;dic asc prevention and tr atmcnt;protection against catastrophic events,such as wildfire and storms(tree blow-down);removal of individual hazard trees;water quality protection or improvement;removal of invasive species;and routine pruning,thinning,and replanting of trees for forest health and diversity; b. Forest management shall not include the felling and removal of all trees from a stand (clearcutting),except where a stand is predominately comprised of diseased trees,treatment by other means is not practicable,and the forest management plan provides for restocking with non: susceptible species; c. Forest management activities will not have a significant negative impact on erosion,soil stability,flow of surface waters,protection of adjacent trees,or existing windbreaks; d. Forest management activities will not result in removal of more than 50%of the basal area of trees within a required setback yard under the applicable zoning district(LOC Chapter 50).The reviewing authority may grant an exception to this criterion when alternatives to tree removal have been considered and no reasonable alternative exists but to allow the proposed forest management activities.In making this determination,the reviewing authority shall consider the advice of a qualified forest management professional; e. Removal of the tree(s)is not for the sole purpose of providing or enhancing views.Thinning and pruning of trees to provide a fuel break next to an existing dwelling is allowed subject to compliance with the criteria of this section; f. Removal of trees shall substantially conform to any development permit issued for the site pursuant to LOC Chapter 50. g. The application shall contain a forest management plan(narrative and site plan)that: i. Identifies all proposed areas of tree removal,stocking,and other forest practices,as applicable; ii. Identifies all proposed forest management activities,including timing,duration,method of application(e.g.,manual or equipment),temporary and permanent disturbance areas(e.g., any roads,stockpiles,etc.),and,where applicable,erosion control measures under LOC Chapter 52; iii. Describes how existing trees to be retained,including trees not in the area to be thinned, and those on abutting property,will be protected during all proposed forest management activities; iv. Demonstrates how any adverse impacts,per subsections(4)(c)and(4)(d)of this section, will be avoided;or,where impacts are unavoidable,how they will be minimized or mitigated; v. Provides silvicultural prescriptions and maintains site-appropriate stocking levels as recommended by a qualified forest management professional to achieve the stated forest management objectives.The reviewing authority may refer to the Oregon Forest Practices Act for guidance on recommended stocking levels,as applicable;and vi. Preserves exemplary specimen trees for their aesthetic or educational value where preservation does not conflict with the proposed forest management objectives. (Ord.2721,Amended,07/19/2016;Ord.2687,Amended, 12/15/2015;Ord.2664,Added,04/07/2015) 55.02.075 Repealed.Ord.No.2221,01-18-00. SHARE. 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits.Q SNARE 1® An applicant for a Type II tree cutting permit shall demonstrate that the following criteria are satisfied.The City Manager may require an arborist's report to address the criteria for a permit. 1. The tree is proposed for removal because it has outgrown its landscape area or the removal is part of a landscape plan,or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulations.The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application; a. For the purposes of this section,a tree that has outgrown its landscape area may include,but is not limited to,a tree that has grown such that damage to a structure or facility cannot be avoided by pruning or other maintenance,a tree that has grown too large within a constrained space such as a deck or other built feature that was constructed around the tree,or thinning to improve the health of other trees. Commented[AB13]:Are there instances where a b. For purposes of this section,a"landscape plan"shall consist of plantings,b,Land also landscape plan should not include walkways,patios,and other landscape features if they exist on the property?I include Ewalkways patios and other landscape features as applicable;the plan must include more suggest changing to`must" than removing the tree for which the Type II permit is requested and planting required mitigation trees; 2. Removal of the tree,considering proposed mitigation measures,will not have a significant negative impact on erosion,soil stability,flow of surface waters,protection of adjacent trees,or existing windbreaks; 13. Removal of the tree will not have a significant negative impact on the character or aesthetics of the neighborhood.This standard is met when removal of the tree(s)does not involver Commented[JD14]:#3 is challenging to interpret.Please clarify by including some version of the following: If any a. A significant tree; trees meet the criteria in items 3 a through e,then the exceptions criteria must be satisfied to obtain a permit.If the exceptions criteria cannot be satisfied,the permit is b. Alterations to the distinctive features or continuity of the neighborhood skyline,as viewed from denied. all public streets and properties within 300 ft.of the property; c. A tree that serves as a visual screen between a residential zone and an abutting nonresidential zone,or between a low density residential zone and a medium or high density residential zone,or between a medium and high density residential zone; d. A street tree;or e. Greater than 50%of a stand of trees. (Exceptions:This subsection(3)is not applicable when:1 Commented[JD75]:These exceptions are not clear and objective.This section will need to be updated a. A tree is likely to or will continue to cause damage to a permanent,viable existing structure,or to infrastructure,such as utilities or paved landscape features,that cannot be remedied through reasonable tree maintenance or pruning;or b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone.In making this determination,the City may consider alternative site plans or placement of structures(development purpose)or alternate landscaping designs(outgrown landscape area;landscape plan)that would lessen the impact on trees,so long as the alternatives continue to comply with other provisions of the Lake Oswego Code; 4. Removal of the tree is not for the sole purpose of providing or enhancing views; 5. Removal of the tree is not contrary to another section of the Lake Oswego Code;and 6. The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084.Such mitigation requirements shall be a condition of approval of the permit. (Ord.2830,Amended, 10/01/2019;Ord.2721,Amended,07/19/2016;Ord.2260,Amended,09/05/2000; Ord.2221,Amended,01/18/2000;Ord.2097,Amended,12/20/1994) 55.02.082 Staff Decision and Notice Requirements for Type II Permits and Major Forest Management Permits;Issuance of Permit.CO'D SHARE 1. An applicant for a Type II tree cutting permit or a major forest management permit shall: a. Complete a public notice form.City staff shall distribute the notice to the neighborhood association whose boundaries include the proposed tree removal site; b. Complete a certification that the property will be posted and the trees will be marked pursuant to this section; c. Within 24 hours of applying for a tree cutting permit,post a public notice sign of a pending tree cutting permit as provided by the City on the subject property or associated access easement in a location that is clearly visible and readable to vehicles traveling on a public street and to pedestrians walking or biking by the property.The public notice sign shall state that a tree cutting permit is pending for trees on the property marked by yellow plastic tagging tape(or other means approved by the City,in the case of forest management permits),and shall include: i. The date of posting and the pending permit number as assigned by the City Manager,and state that City staff will consider any comments on the pending permit that are received within 14 days of the date of posting.For pending forest management permits,the notice shall include a brief summary of the proposed tree removal and forest management activities; ii. The following dates regarding the application: A. Last date to submit written comments; B. Expected date for issuance of tentative decision; iii. Telephone number,City website address,and Planning Department location and hours to obtain information about the application,submit comments,obtain the tentative decision, and determine the last date to request a hearing. d. Mark each tree proposed to be removed by tying or attaching a yellow plastic tagging tape to the tree at 4.5 ft.above mean ground level at the base of the trunk,on or prior to the same day that the property is posted;and i. Exception:For tree removal under a forest management permit,trees may be identified with tree marking paint,flagging,or other methods recommended by a forest management professional and identified in the permit; e. Maintain the tree marking until the final decision is issued. 2. After the close of the 14-day comment period: a. If the tree cutting permit application is associated with development that is the subject of a building permit application,review of the tree cutting permit application shall be suspended until the associated building permit application is reviewed and the development is found to be in conformance with the Community Development Code standards.City staff shall then promptly make a tentative decision approving the permit,approving the permit with conditions,or denying the permit.(If the development in the associated building permit is materially different than the development as described in the tree cutting permit application,the applicant shall modify the tree cutting permit application so that the proposed development is materially consistent with the development in the associated building permit;the tree cutting permit application shall then be re: noticed for a new comment period.) b. If the tree removal permit application is not associated with development that is the subject of a building permit,City staff shall promptly make a tentative decision approving the permit,approving the permit with conditions,or denying the permit. c. The tentative decision shall be posted on a Planning Department internet case file webpage, referencing the address stated in the posted notice.A notice of tentative decision shall state the deadline to file a request for hearing. d. The notice of tentative decision shall be given to the applicant,neighborhood association,and persons that submitted written comments.The notice of tentative decision shall be provided by email to the person's/association's submitted email address,or if no email address is provided by a person but a mailing address is provided,then by first class mail. 3. If no request for a hearing is received within seven days after the tentative decision is issued and notice of tentative decision is given to the applicant,neighborhood association,and to persons that submitted written comments pursuant to LOC 55.02.085,the tentative decision shall be the final decision. 4. If a request for hearing is timely filed,City staff shall immediately post a red sign on the subject property in the same manner as the posted notice under subsection(1)(c)of this section,stating a tentative decision on an application for tree removal was issued,a timely request for hearing was filed, and the location,time and date of the hearing.The applicant shall maintain the posting of this sign and the tree marking,until the date of the hearing. 5. Failure to install or maintain the required notice and marking may result in denial or delay in issuance of the permit or revocation of an approved permit. 6. The tree cutting permit shall be issued promptly after the decision approving the tree cutting removal application is final,except if the tree cutting permit application is associated with a building permit application,the tree cutting permit shall be issued concurrently with the building permit. (Ord.2854,Amended, 11/03/2020;Ord.2721,Amended,07/19/2016;Ord.2664,Amended,04/07/2015; Ord.2260,Amended,09/05/2000;Ord.2221,Added,01/18/2000) 55.02.084 Mitigation Required.° SHRRE 1. An applicant shall provide mitigation for any tree permitted for removal,with the exception of the following: a. Dead trees; lb. Hazard trees;) Commented[AB16]:Recommend adding mitigation for hazard trees c. Emergency trees; Id. Trees that are removed under a Type I permit;) r Commented[AB17]:Recommend adding mitigation for type 1 trees e. Invasive tree species,except as provided in subsection(2)of this section; f. Tree removal under an approved minor forest management permit pursuant to LOC 55.02.072; restocking may be required for a major forest management permit under LOC 55.02.072(4); g. When part of a resource enhancement project,the species,number,and size of mitigation trees shall follow the resource enhancement plan approved under LOC 50.05.010(5)(c)(iii)(7) or 50.05.010(6)(c)(ii)(1)(f). 2. Mitigation for invasive tree species removal is required when: a. The removal is from a public right-of-way and replanting is recommended by the Public Works Director; b. The removal is from an RP or RC district,or HBA protection area,except as approved as part of a resource enhancement project;or c. The tree was planted as part of a previously approved mitigation plan or landscaping. 3. Mitigation shall be required for any tree removal in violation of the Tree Code,excluding trees removed without permit by topping. Commented[JD18]:When planting space is available,it is recommended that nonpermitted tree topping requires 4. The mitigation requirement shall be satisfied as listed below.Except where subsection(4)(c)of this mitigation to align with the LO's stance that topping irreparably harms trees. section applies,a mitigation plan shall be submitted showing the location,size,and species of mitigation trees,or in the case of large forested tracts,restocking of any new trees to replace the trees to be removed. a. Replanting on Site.The applicant shall plant,for each tree removed: i. Invasive Tree Species Removal Permit.Removal from a public right-of-way or from an approved landscape plan',either a minimum one-and-one-half-in.caliper deciduous tree (measured six in.above the root ball)or a minimum six-ft.-tall evergreen tree for each tree removed.1Removal from a Resource Conservation or Resource Protection overlay district,or Commented[JD79]:Evaluate whether the City would Habitat Benefit Protection Area,either a minimum one-half in.caliper deciduous tree or a prefer to use a singular metric system for tree size minimum two-ft.-tall evergreen tree. requirements. ii. Type II Permit.Either a minimum one-and-one-half-in.caliper deciduous tree or a six-ft.- tall evergreen tree for each tree removed.kvlitigation for the removal of a native tree on the Commented[JD20]:Consider requiring species that grow City's Master Plant List shall be with a species from'the Native Mitigation Tree List. large in stature to replace the removal of large trees. Commented[JD21]:In some instances,a native-for- A. Exception:Removal of a tree identified as a significant tree for development native approach would not align with best management purposes shall require two minimum one-and-one-half-in.caliper deciduous trees practices and lead to overall canopy loss. (measured six in.above the root ball)or a minimum of two six-ft.-tall evergreen trees for each tree removed. IB. Exception:If tree removal is for the landscaping purpose of thinning to improve the health of other trees,mitigation shall be reduced to the extent there is insufficient space to replant elsewhere on the site and maintain tree health. Commented[AB22]:Recommend adding an"in-lieu mitigation fee"clause to this requirement to ensure the City iii. Other Tree Cutting Permits.Either a minimum one-and-one-half-in.caliper deciduous can reinvest these funds into tree management activities. tree or a six-ft.-tall evergreen tree for each tree removed.Mitigation for the removal of a native tree shall be with a native species...,, Commented[AB23]:same comment as above The tree shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. b. Replanting off Site.If in the City's determination there is insufficient available space on the subject property,the replanting required in this section shall occur on other property in the applicant's ownership or control within the City,or in an open space tract that is part of the same subdivision.Such mitigation planting is subject to the approval of the authorized property owners. The City may specify the species and size of the tree. c. Payment in Lieu of Planting.If in the City's determination no feasible alternative exists to plant the required mitigation,the applicant shall pay into the tree fund an amount as established by resolution of the City Council. 5. Trees identified as invasive on the Invasive Tree Species List are prohibited as mitigation trees. (Ord.2811,Amended,01/02/2019;Ord.2772,Amended,02/06/2018;Ord.2721,Amended,07/19/2016; Ord.2687,Amended,12/15/2015;Ord.2664,Amended,04/07/2015;Ord.2649,Amended,07/29/2014; Ord.2576,Amended,11/15/2011;Ord.2260,Amended,09/05/2000;Ord.2221,Added,01/18/2000) 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit.Revised 1/2II S RRE 121 1. The applicant,neighborhood association,or any person who submitted written comments may request a hearing on a Type II tree cutting permit following issuance of the tentative decision by filing a written request for hearing,along with the applicable hearing fee as established by resolution of the City Council,with the City Recorder,within seven days of the date the notice of tentative decision was given pursuant to LOC 55.02.082.Failure to file within the seven-day period shall preclude such a request. 2. Requests for hearing shall be heard by the Development Review Commission(DRC),which shall hold a public hearing on the request.The City shall send notice of the hearing to the applicant,the recognized neighborhood association for the area in which the subject property is located,and to any person who submitted written comments.The notice shall be sent at least ten days in advance of the hearing. 3. The DRC hearing procedures shall be as follows: a. The DRC shall hear testimony from the applicant,followed by those in favor of the application, those opposed to the application(beginning with the person who requested the hearing if different from the applicant),and concluding with rebuttal by the applicant; b. Any person may testify before the DRC;and c. Except as provided in subsection(3)(a)of this section,the hearing shall be conducted in the same manner as provided in LOC 50.07.003(4)(a)(i)through(x),and(4)(b)through(e). Following the close of the public testimony,the DRC shall determine,based upon the evidence and testimony in the record,whether or not the application complies with the criteria contained in LOC 55.02.080.The findings,conclusions,and order shall contain the DRC's reasons for approving, approving with conditions,or denying the permit. 4. A decision of the DRC shall not become final for ten days from the date of adoption of written findings.Any person who appeared before the DRC either orally or in writing may appeal the decision of the DRC to the City Council by filing a written notice of intent to appeal,along with an appeal fee as established by resolution of the Council,with the City Recorder within ten days of the date of adoption of the DRC's written findings,conclusions and order.The findings,conclusions,and order and minutes of the DRC's meeting,along with any written staff reports or testimony,shall be forwarded to the City Council.Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the DRC.The hearing before the City Council shall be on the record established before the DRC and only persons who appeared before the DRC orally or in writing may testify.The Council's hearing shall follow the same procedures set forth in LOC 50.07.003(7)(d)through(f)(except the minimum time the staff report must be available for review prior to the appeal hearing is three days),(7)(h)through(I),(7)(m)(except any land use review deadline is not applicable),(7)(n),and(7)(o)(i)through(iv).The decision of the Council shall be final. (Ord.2917,Amended, 12/20/2022;Ord.2811,Amended,01/02/2019;Ord.2721,Amended,07/19/2016; Ord.2614,Amended,02/19/2013;Ord.2458,Amended,05/16/2006;Ord.2260,Amended,09/05/2000; Ord.2221,Amended,01/18/2000;Ord.2097,Enacted, 12/20/94) 55.02.090 Repealed.Ord.No.1807,09-15-81. SHAREEl 55.02.092 Expiration of Tree Cutting Permits. SHARE 21 1. Dead and invasive tree species removal permits shall have no expiration date. 2. A properly issued tree cutting permit,other than a dead or invasive tree species removal permit and forest management permit,shall remain valid: a. For tree cutting permits issued in conjunction with a development permit or building permit,for the duration of the development permit or building permit;or b. For other than subsection(2)(a)of this section,for no more than 60 days from the date of issuance or date of final decision by a hearing body,if applicable.A 60-day extension shall be automatically granted by the City Manager if requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be granted. Permits that have lapsed are deemed void.Trees removed after a tree cutting permit has expired shall be considered a violation of this chapter. 3. A minor forest management permit shall remain valid for no more than 180 days from the date of issuance. 4. A major forest management permit shall remain valid for the period specified by the approved forest management plan,except as required under subsection(5)of this section. 5. Minor and major forest management permits automatically expire upon approval of an application for a land division or development on the tract subject to forest management activities such that the tract would no longer meet the criteria for a large forested tract. (Ord.2854,Amended, 11/03/2020;Ord.2721,Amended,07/19/2016;Ord.2664,Amended,04/07/2015; Ord.2576,Amended,11/15/2011;Ord.2260,Amended,09/05/2000;Ord.2221,Added,01/18/2000) 55.02.094 Conditions of Approval for Tree Cutting Permits.'O SHARE 1. The reviewing authority may impose conditions of approval on any tree cutting permit if the condition is reasonably related to preventing,eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is as created or contributed to by the approved tree removal. 2. Conditions of approval may include,but are not limited to: a. Cutting a tree or stump flush with the grade instead of grinding or fully removing a stump; b. Requiring modifications in the location,design or intensity of a development or activities on a site or to require or prohibit certain construction methods; lc. Requiring vegetation not requiring a tree removal permit to remain in place or be planted; [Commented[JD24]:Revise sentence for clarity c. Requiring the removal of invasive vegetation l(e g English Ivy Himalayan blackberry) Commented[AB25]:Does LO maintain a list of invasive from other trees on the property.1 vegetation that could be referenced here instead? Commented[JD26]:An invasive tree species list has been (Ord.2721,Amended,07/19/2016;Ord.2221,Added,01/18/2000) mentioned above.Is there a city resource for other types of invasive plants?If so,it would be beneficial to point to that 55.02.100 Repealed.Ord.No.1807,09-15-81.-3 SHARE ® resource here. 55.02.110 Repealed.Ord.No.1807,09-15-81. SHARE 55.02.120 Repealed.Ord.No.1807,09-15-81. SHARE21 55.02.125 Evidence of Violation:U_ SHARE El 1. If a tree is removed without a tree cutting permit,a violation shall be determined by measuring the stump.A stump that is eight caliper in.or more in diameter shall be considered prima fade evidence of a violation of this chapter. 2. Removal of the stump of a tree removed without a tree cutting permit prior to the determination provided in subsection(1)of this section is a violation of this chapter. 3. Proof of violation of this chapter shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the violation was committed.Prosecution of or failure to prosecute the owner shall not be deemed to relieve any other responsible person. 4. Tree removal caused by natural weather conditions shall not be deemed a violation of this chapter and shall be exempt from all penalties set forth in LOC 55.02.130. (Ord.2721,Amended,07/19/2016;Ord.2221,Amended,01/18/2000;Ord.2097,Amended, 12/20/1994; Ord.2059,06/16/1992) 55.02.130 Penalties:C s"" 1. Civil Violation.A violation of any provision of this chapter,or the breach of any condition of a permit granted under this chapter shall be a civil violation as defined by LOC 34.04.105,enforceable pursuant to LOC Article 34.04.The unlawful removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall be a separate offense each day the failure to comply continues.The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in subsections(3)and (4)of this section. 2. Nuisance Abatement.The removal of a tree in violation of this chapter is hereby declared to be a public nuisance,and may be abated by appropriate proceedings pursuant to LOC Article 3408. 3. Enforcement Fee.A person who removes a tree without first obtaining a tree cutting permit from the City pursuant to this chapter,removes a tree in violation of an approved tree cutting permit,or violates a condition of an approved tree cutting permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. 4. Restoration. a. A person who removes a tree without first obtaining a required tree cutting permit from the City pursuant to this chapter,removes a tree in violation of an approved tree cutting permit,or violates a condition of such a permit shall pay into the City's tree fund a standard fee per caliper inch for the total number of caliper inches of the tree removed in violation of this chapter in an amount as established by resolution of the City Council. b. The City'may requirelithe person to pay into the City's tree fund an increased fee per caliper Commented[AB27]:Are there instances where the City inch for the total number of caliper inches of the tree removed in violation of this chapter in an would not require these payments? amount as established by resolution of the City Council or the value of the tree as determined by an arborist in accordance with the methods set forth in the"Guide for Plant Appraisal,"an official publication of the International Society of Arboriculture,whichever is greater,if any of the following apply: i. The person has committed a previous violation of a provision of this chapter,or ii. Tree protection measures as required by LOC Article 5508 were not installed or maintained,or iii. The tree removed was any of the following: A. Thirty-six in.(caliper)in diameter or greater, B. A heritage tree,per LOC Article 55.06, C. Expressly protected or required to be preserved as a condition of approval of any permit pursuant to the Lake Oswego Community Development Code,or this Tree Code, D. Located within the Willamette River Greenway per LOC 50.05.009, E. Part of an RP or RC district,or HBA protection area,per LOC 50.05.010, F. Located on public right-of-way,City-owned or dedicated property,a public or private open space area or conservation easement. 5. Injunction.Upon request of the City Manager or direction from Council,the City Attorney may institute appropriate action in any court to enjoin the removal of trees in violation of this chapter. 6. Loss of City Privileges. a. A person hired to perform tree removal within the City,upon request,shall provide evidence to the City Manager of a valid license to conduct business in Lake Oswego.The person is subject to business license revocation pursuant to LOC 20.02.085 if the person violates any provision of this chapter. b. Any arborist,builder,landscaper,contractor,or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter,shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report. 7. Arborist Report and Required Treatment.Upon request by the City,a person who violates any provision of this chapter shall submit a report prepared by an arborist or qualified forest management professional,as applicable,to evaluate the damage to a tree and/or make recommendations to remedy the violation.The City upon evaluating these recommendations may,at the City's discretion,require that the recommended measures be implemented. 8. Cumulative Remedies.The rights,remedies,and penalties provided in this chapter are cumulative, are not mutually exclusive,and are in addition to any other rights,remedies and penalties available to the City under any other provision of law. (Ord.2721,Amended,07/19/2016;Ord.2687,Amended,12/15/2015;Ord.2664,Amended,04/07/2015; Ord.2579,Amended,03/20/2012;Ord.2576,Amended,11/15/2011;Ord.2316,Amended,03/05/2002; Ord.2260,Amended,09/05/2000;Ord.2231,Amended,03/21/2000,Editorial correction-Paragraph 1 - word"tree removal"changed to"violation";Ord.2221,Amended,01/18/2000;Ord.2097,Amended, 12/20/1994;Ord.2059,Sec.1,06/16/1992;Ord.1880,Sec.1,02/07/1984;Ord. 1429,Sec.1, 05/18/1971) 55.02.135 Repealed.Ord.No.2221,01-18-00. s"ape El Appendix 55.02-1 Native Mitigation Tree List. a"AFE El Native Mitigation Tree List LESS THAN 50 FT(15 M)HIGH CONIFERS Baker Cypress,Modoc Cypress(Cupressus bakeri) western juniper(Juniperus occidentalis) Rocky mountain juniper(Juniperus scopulorum) whitebark pine(Pinus albicaulis) knobcone pine(Pinus attenuata) shore pine(Pinus contorta var.contorta) limber pine(Pinus flexilis) Pacific or western yew(Taxus brevifolia) DECIDUOUS Pacific dogwood(Cornus nuttallii)[Note:Acceptable disease(anthracnose)-resistant cultivar substitutes: Starlight®dogwood(Cornus kousa x nuttallii'Starlight'),Venus®dogwood(Cornus kousa x nuttallii'Venus')and Eddie's White Wonder dogwood(Cornus nuttallii x florida)'Eddie's White Wonder).] Douglas hawthorn(Crataegus douglasii) Oregon crabapple, Pacific crabapple(Malus fusca) bitter cherry(Prunus emarginata) cascara,chittam,cascara buckthorn(Rhamnus purshiana) Pacific willow(Salix lasiandra) Scouler's willow(Salix scouleriana) Sitka willow(Salix sitchensis) 50-75 FT(15-23 M)HIGH CONIFERS subalpine fir,Rocky Mountain fir(Abies lasiocarpa) Port-Orford-cedar,lawson falsecypress(Chamaecyparis lawsoniana)[Note:acceptable disease (Phytophthora lateralis)-resistant cultivar if no height requirement of greater than 30 ft.:silver queen Port- Orford-cedar(Chamaecyparis lawsoniana'Silver Queen').] Brewer spruce(Picea breweriana) DECIDUOUS AND*BROAD-LEAVED EVERGREEN white alder(Alnus rhombifolia) red alder(Alnus rubra) paper birch(Betula papyrifera) narrowleaf cottonwood(Populus angustifolia) quaking aspen(Populus tremuloides) *canyon live oak(Quercus chrysolepis) Oregon white oak(Quercus garryana) California black oak(Quercus kelloggii) 75-100 FT(23-30 M)HIGH CONIFERS incense-cedar(Calocedrus decurrens) Alaska cedar,yellow cypress(Chamaecyparis nootkatensis(syn.Xanthocyparis nootkatensis)) Engelmann spruce(Picea engelmannii) lodgepole pine(Pinus contorta var.latifolia) mountain hemlock(Tsuga mertensiana) DECIDUOUS AND*BROAD-LEAVED EVERGREEN bigleaf maple(Acer macrophyllum) *Pacific madrone(Arbutus menziesii) Oregon ash(Fraxinus latifolia) *tanoak(Lithocarpus densiflorus) *Oregon myrtle,California bay(Umbellularia californica) MORE THAN 100 FT(30 M)HIGH CONIFERS Pacific silver fir(Abies amabilis) white fir(Abies concolor) grand fir(Abies grandis) California red fir(Abies magnifica) noble fir(Abies procera) western larch(Larix occidentalis) Sitka spruce(Picea sitchensis) Jeffrey pine(Pinus jeffreyi) sugar pine(Pinus lambertiana) western white pine(Pinus monticola) Willamette Valley ponderosa pine(Pinus ponderosa var.willamettensis) Douglas fir(Pseudotsuga menziesii) coast redwood(Sequoia sempervirens) western red cedar(Thuja plicata) western hemlock(Tsuga heterophylla) DECIDUOUS AND*BROAD-LEAVED EVERGREEN *golden chinkapin(Chrysolepis chrysophylla) black cottonwood(Populus trichocarpa) (Ord.2830,Amended, 10/01/2019;Ord.2772,Added,02/06/2018) Article 55.06 Heritage Trees. Sections: 55.06.010 Purpose;Definition. 55.06.020 Nomination. 55.06.030 Review Process. 55.06.040 Protection of Heritage Trees. 55.06.050 Recognition of Heritage Trees. 55.06.060 Removal of Heritage Tree Designation. 55.06.010 Purpose;Definition.0 ARE 1. The purpose of this article is to recognize,foster appreciation and provide for voluntary protection of Heritage Trees. 2. For the purpose of this article,a"Heritage Tree"is a tree or stand of trees that is of landmark importance due to age,size,species,horticultural quality or historic importance. (Ord.2721,Amended,07/19/2016;Ord.2159,Enacted,11/04/1997) 55.06.020 Nomination.° SHARE 1. Any person may nominate a particular tree or trees as a Heritage Tree.If the proposed Heritage Tree is located on property other than City property or public right-of-way under City or county jurisdiction,the nomination shall be submitted by the property owner or accompanied by the property owner's written consent.If the proposed Heritage Tree is located on City property or public right-of-way under City or county jurisdiction,the nomination shall be submitted to the City Manager or County Administrator,as appropriate;if the nomination is consented to by the City or county,the City Manager or County Administrator shall submit the nomination to the Parks,Recreation and Natural Resources Advisory Board(PNAB)pursuant to LOC 55.06.030. 2. Nomination shall be made on such form as required by the City Manager.The nomination form shall include a narrative explaining why the tree qualifies for Heritage Tree status pursuant to the description in LOC 55.06.010 and the written consent of the property owner as described in subsection(1)of this section. (Ord.2721,Amended,07/19/2016;Ord.2708,Amended,02/16/2016;Ord.2289,Amended,06/05/2001; Ord.2159,Enacted,11/04/1997) 55.06.030 Review Process.0 SHARE 1. The PNAB shall review all Heritage Tree nominations at a public meeting.Notice of the meeting shall be provided to the nominating applicant,the property owner(unless the nominated tree is located on public right-of-way under City or county jurisdiction,in which event notice shall be given to the respective City Manager or County Administrator)and the Chair of any recognized neighborhood association in which the tree is located. 2. Staff shall prepare a report for the PNAB analyzing whether the tree complies with the requirements for designation. 3. After considering the staff report and any testimony by interested persons,the PNAB shall vote on the nomination.The PNAB may designate a tree as a Heritage Tree if the Board determines that the following criteria are met: a. IThe tree or stand of trees is of landmark importance due to age,size,species,horticultural quality or historic importance;and Commented[JD28]:Consider revising to include objective criteria b. The tree is not irreparably damaged,diseased,hazardous or unsafe,or the applicant is willing to have the tree treated by an arborist and the treatment will alleviate the damage,disease or hazard; 4. Following approval of the nomination by the PNAB: a. If the tree is located on private property,the designation shall be complete upon the property owner's execution of a covenant running with the land suitable for recordation by the City.The covenant shall describe the subject property,generally describe the location of the Heritage Tree, and covenant that the tree is protected as a"Heritage Tree"by the City of Lake Oswego and is therefore subject to special protection as provided in this chapter. b. If the tree is located on public right-of-way,the designation shall be complete upon the staffs listing of the tree on the City Heritage Tree records. 5. If the tree is located on the public right-of-way,the City or county,as appropriate,shall condition any future Property Owner-requested vacation of the public right-of-way upon the execution of a covenant in accordance with subsection(4)of this section,which shall be recorded by the City upon the vacation of the right-of-way. (Ord.2721,Amended,07/19/2016;Ord.2708,Amended,02/16/2016;Ord.2289,Amended,06/05/2001; Ord.2159,Enacted,11/04/1997) 55.06.040 Protection of Heritage Trees.D. SIiRRE 1. Unless the tree qualifies for an emergency,dead or hazard tree removal permit,a permit to remove a designated Heritage Tree shall be processed as a Type II Tree Removal Permit subject to the criteria contained in LOC 55.02.080,as modified by subsection(2)of this section. 2. If an application to remove a Heritage Tree is sought pursuant to LOC 55.02.080 the applicant shall demonstrate that the burden imposed on the property owner,or,if the tree is located within the public right-of-way under City or county jurisdiction,then the burden imposed on the respective City or county by the continued presence of the tree outweighs the public benefit provided by the tree in order to comply with 55.02.080(3).For the purposes of making this determination,the following tree impacts shall not be considered unreasonable burdens on the property owner,or if appropriate,the City or county: a. View obstruction; b. Routine pruning,leaf raking and other maintenance activities;and c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning or maintenance. 3. Unless the permit is to remove an emergency,Idead,or hazard!tree pursuant to LOC 55.02.042(3)or Commented[AB29]:Consider requiring mitigation for (4),the applicant to remove a heritage tree shall be required to mitigate for the loss of the tree pursuant to dead and hazard trees LOC 55.02.084. 4. Any person who removes a Heritage Tree in violation of this article shall be subject to the penalties provided in LOC 55.02.130.In addition,the violator shall be subject to double the enforcement fee established pursuant to LOC 55.02.130(3). (Ord.2721,Amended,07/19/2016;Ord.2289,Amended,06/05/2001;Ord.2260,Amended,09/05/2000; Ord.2159,Enacted,11/04/1997) 55.06.050 Recognition of Heritage Trees.0 SHFiRE 1. A Heritage Tree plaque shall be designed and may be furnished by the City to the property owner,or if the tree is in the public right-of-way,to the appropriate City or county official,of a designated Heritage Tree.The City may charge a fee to cover the costs of providing the plaque.The plaque shall be posted at a location at or near the tree and,if feasible,visible from a public right-of-way. 2. The Planning Department shall maintain a list and map of designated Heritage Trees. (Ord.2721,Amended,07/19/2016;Ord.2289,Amended,06/05/2001;Ord.2159,Enacted,11/04/1997) 55.06.060 Removal of Heritage Tree Designation:Q SHARE A Heritage Tree shall be removed from designation if it falls or is removed pursuant to LOC 55.06.040.If removed from private property,the City shall record a document extinguishing the covenant. (Ord.2721,Amended,07/19/2016;Ord.2289,Amended,06/05/2001;Ord.2159,Enacted,11/04/1997) Article 55.08 Tree Protection. Sections: 55.08.010 Applicability. 55.08.015 Definitions. 55.08.017 Prohibited Activities. 55.08.020 Tree Protection Plan Required. 55.08.030 Tree Protection Measures Required. 55.08.040 Inspection(Repealed by Ord.2830,10/01/2019). 55.08.045 Evidence of Violation. 55.08.050 Penalties. 55.08.010 Applicability:0 -SHHFE This article applies: 1. When a person is required to obtain or has obtained: a. A building permit or demolition permit pursuant to LOC Chapter 45; b. An erosion control permit pursuant to LOC 52.02.040; 2. To activities authorized by a development permit,pursuant to LOC Chapter 50; 3. To street and sidewalk construction and repairs pursuant to LOC Chapter 42; 4. To excavation related to stormwater structures,water and sewer lines/laterals pursuant to LOC Chapter 38;or 5. To excavation for irrigation that requires a plumbing permit,pursuant to LOC Chapter 46. (Ord.2830,Amended, 10/01/2019;Ord.2772,Amended,02/06/2018;Ord.2721,Amended,07/19/2016; Ord.2221,Added,01/18/2000) • 55.08.015 Definitions. SHARE 1. Except as provided below,the definitions of the terms contained in this article shall have the same meaning as the term is defined in LOC Article 55.02 and LOC Chapter 50.In the event of conflict,the definition in LOC Article 55.02 shall prevail. 2. Specific Definitions for This Article. a. "Development"/"Development activities"shall include,but is not limited to: i. Actions that are"development"as defined in LOC 50.10.003.2(except land division and establishment or termination of a right of access); ii. Tree removal; iii. Grading; iv. Excavation; v. Preparing the development area(s)for activities(exception:brush clearing for surveying and for installing tree protection fencing); vi. Work in the development area(s)in preparation for or as part of development activities; vii. Construction; viii. Demolition; ix. Parking,storage,or movement of construction equipment/materials in the development area(s);and x. Removal or placement of soil. b. "Development area(s)"means the areas for demolition,construction,staging,parking,and off- site utility work for the development. c. "Dripline"shall be as defined in LOC 55.02.020. d. "Plan"means approved tree protection plan. e. "Tree"shall be as defined in LOC 55.02.020. f. "Tree protection zone"means the area reserved around a tree or group of trees in which no grading,equipment access,stockpiling or other construction activity shall occur.The tree protection zone is the greater of:(i)the edge of the dripline(including trees where the canopy extends onto development area(s)from abutting properties),or(ii)one-ft.protection radius per inch of trunk DBH. Exception:The area of the tree protection zone may be altered by the City Manager,based on documented tree protection measures recommended by a certified arborist that will reasonably protect the tree against construction activities causing the health of the tree to decline or die. (Ord.2830,Added,10/01/2019) 55.08.017 Prohibited Activities.O. SitARE '® 1. Except as provided in subsection(2)of this section,no person shall: a. Perform any development activities within a development area when a tree is present in a development area: i. Prior to the tree protection plan's approval by the City;or ii. Not in accordance with the requirements of the approved plan. b. Perform any act or activity that is prohibited under the terms of an approved plan. 2. No arborist shall direct any person,including the applicant,owner,contractor or developer,to conduct any act in violation of this article or a plan. 3. Pre-construction activities beneath a tree canopy,such as digging of test pits for soil testing,hand digging exploratory excavation to locate tree roots,cutting of vegetative understory to install protection fencing,and similar activities,are allowed when a certified arborist is present and the person follows the direction of the arborist in performing the work so that it will not damage or injure the tree. 4. No person shall,within a tree protection zone: a. Dump or store construction materials such as building supplies,soil,or waste items. b. Park vehicles,or place portable toilets,or place equipment. c. Place or apply chemically injurious materials and liquids such as paints,thinners,cleaning Commented[JD30]:Bill Youngblood(Code Enforcement) solutions,petroleum products,concrete or dry wall excess,construction debris,or run-off. suggested additions: •Compliance with the arborist's recommendations in their report d. Except as permitted by the plan,excavate,trench,grade,root prune or other activity within the •Adding a site inspection(s)when follow-up inspections tree protection zone. are needed to document changes in tree protection measures •Requiring Arborist review and sign-off of landscaping, (Ord.2830,Added,10/01/2019) hardscape,etc.proposed within the tree protection zone of a tree 55.08.020 Tree Protection Plan Required. C7 SHARE 1211 •Requiring maintenance for tree protection measures to maintain their effectiveness 111. A tree protection plan approved by the City Manager is required prior to conducting development •Requiring soil treatment,watering,etc.to ease tree activities in a development area. stress during construction •Limiting excavation to"hand digging"only 2. An applicant shall submit to the City Manager the following: •Limiting pruning to Best Management Practices and following ANSI A300 Standards •Requiring a mitigation plan to comply with sensitive a. A scaled site plan that includes the following: lands construction standards •Requiring a tree trunk protection barrier when i. The development area(s); construction is very near a tree Commented[JD31]:Bill Youngblood(Code Enforcement) ii. Location,species,diameter at breast height(DBH),and crown radius for each tree that suggested addition: Add to Tree Removal and Tree Protection:3.Violation Fees. has tree canopy located over development area(s); A violation of any provision of this article is enforceable by the assessment of violation fees as contained in the current iii. Location of the tree protection zone of each tree; Master Fees and Charges document approved by the City Council.(something to that affect) iv. Location of existing and proposed roads,stormwater structures,water and sewer lines/laterals,irrigation,and other utility lines/facilities and easements; v. Location of stormwater facilities; vi. Location of proposed and existing structures; vii. Grade change or cut and fill proposed for the development; viii. Existing and proposed impervious surfaces;and ix. Identification of trees proposed or approved for removal; b. Identification of a person who will be responsible for implementing and maintaining the approved plan,and contact information for the person; c. When an arborist is used to establish(or with City approval alter)a tree protection zone, identification of the project arborist,and contact information for the arborist; d. Location and type of proposed tree protection measures to be installed including the horizontal distance of tree protection fencing from the face of each tree trunk(or group of trees)on each side; e. An inventory of all trees on site,their health or hazard condition,prepared by a certified arborist; f. When a tree protection zone is altered upon recommendation by a certified arborist,the specific proposed tree protection measures for the tree,including recommendations for protection action for each tree. The City Manager may waive one or more of the requirements listed in subsections(2)(a)through(e)of this section based upon the scope of proposed development activities or site-specific circumstances. 3. The City Manager may impose conditions of approval on any plan if the condition is reasonably related to preventing,eliminating or mitigating injury or damage to trees protected per the plan that is created or contributed to by the approved development activity.Conditions of approval may include,but are not limited to: a. Requiring a report from a certified arborist outlining the protection measures proposed to prevent and/or limit tree damage or injury from development activities; b. Requiring oversight by a certified arborist of all development activities outside the location of approved tree protection fencing and within the greater of(i)the edge of the dripline(including trees where the canopy extends onto the development area from abutting properties),or(ii)one-ft. protection radius per inch of trunk DBH of the tree to preserve its health or long term viability; c. Requiring status reports from a certified arborist documenting,with text and photographs,each visit made to the development area(s),the condition,reinstallation,and effectiveness of the tree protection measures,the number,size and actions taken when roots are encountered,and recommendations for tree health and protection actions; c. Limiting material transport to hand work only; (Commented[JD32]:Clarify sentence e. Use ofUsinq a pier and grade beam design,or other techniques to protect tree roots; f. Limiting excavation depth for pathways,sidewalks,driveways,etc.,to the removal of the vegetative layer only,with the construction subgrade built up from native grade; g. Requiring a report from a certified arborist of likely tree damage or injury resulting from changes in hydrology; h. Phasing construction or demolition to limit damage or injury to trees,such as requiring existing asphalt or concrete to remain in place until near the end of work; i. Limiting the type and location of permanent irrigation beneath mature tree species; j. Requiring the applicant and the arborist, required to suspend development activities when...... Commented[AB33]:2 appearances of"require"in the those activities are likely to cause the tree to decline or die,or to cause the tree to become same sentence.Consider revising physically unstable or a hazard;and �k. Waiving the requirement of tree protection fencing when impractical,e.g.,access constraints, type of development,limited development.) (Commented[AB34]:k.does not appear to be a condition lof approval 4. The City Manager shall inspect the installed tree protection measures,and upon approval of their installation,the plan will be issued. (Ord.2830,Amended, 10/01/2019;Ord.2721,Amended,07/19/2016;Ord.2221,Added,01/18/2000) 55.08.030 Tree Protection Measures RequiredJO. SJ RE 1. Except as otherwise determined by the City Manager,all required tree protection measures set forth in this section shall be instituted prior to any applicable development activities. 2. Protective metal fencing,a minimum of four ft.tall with steel posts placed no farther than eight ft. apart and anchored a minimum of two ft.into the ground,shall be installed(unless waived by condition). Fence panels may be used if the base of each panel is anchored a minimum of two ft.into the ground with a metal post attached to the fence.This fencing shall be installed at: a. The edge of tree protection zone(s)within the development area(s);or b. The boundary of any open space tracts,sensitive lands,or conservation easements that abut the development area(s). 3. The fencing shall be flush with the initial undisturbed grade. 4. The applicant shall obtain the tree protection sign template from the City and attach laminated sign(s) to the protection fencing on a minimum of every third fence section/panel. 5. Protection fencing and other protection measures shall only be removed after the lattermost of the following,as applicable: a. Installation of utilities and stormwater improvements; b. Construction of the driveway/access lane;and c. Completion of the exterior building walls,e.g.,siding,painting,etc.(Protection fencing is typically removed at the time of landscaping.) (Ord.2830,Amended, 10/01/2019;Ord.2772,Amended,02/06/2018;Ord.2721,Amended,07/19/2016; Ord.2221,Added,01/18/2000) 55.08.040 Inspection(Repealed by Ord.2830,10/01/2019)!QSII !E 12 55.08.045 Evidence of Violation!D $►!ARE Proof of a violation of this article,or approval issued or granted hereunder,shall be deemed prima fade evidence that such violation is that of the owner of the property upon which the prohibited activities exist. Prosecution,or lack thereof,of the owner of the property,the occupant,or other person in possession or control of property shall not be deemed to relieve any other responsible person. (Ord.2830,Added,10/01/2019) 55.08.050 Penalties.O SNARE 1. Civil Violation.A violation of any provision of this article,or the breach of any condition of a plan,shall be a civil violation as defined by LOC 34.04.105,enforceable pursuant to LOC Article 34.04.Failure to comply with the provisions of this article or a condition of approval shall be a separate offense each day the failure to comply continues.Any prohibited activity that damages or injures a tree or causes a tree removal shall be a separate violation for each tree damaged,injured,or removed.The violation shall be punishable by a fine set forth by the Municipal Court and the enforcement fee.(If a tree removal occurs due to the violation,the removal would be enforced by LOC Article 55.02.) 2. Nuisance Abatement.The damage,injury or removal of a tree in violation of this article is hereby declared to be a public nuisance,and may be abated by appropriate proceedings pursuant to LOC Article 34.08. 3. Enforcement Fee. a. A person who violates a provision of this article or a condition of a tree protection plan shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. b. Enhanced Enforcement Fee.The City may require the person to pay into the City's tree fund an increased fee for the tree damaged or injured in violation of this article in an amount as established by resolution of the City Council if any of the following apply: i. The person has committed a previous violation of a provision of this article;or ii. The tree damaged or injured was any of the following: A. Thirty-six in.DBH or greater; B. A heritage tree,per LOC Article 5506; C. Located within the Willamette River Greenway per LOC 50.05.009; D. Part of an RP or RC district,or HBA protection area,per LOC 50.05.010;or E. Located on public right-of-way,City-owned or dedicated property,a public or private open space area or conservation easement. 4. Arborist Report and Required Treatment.Upon request by the City Manager,a person who violates any provision of this article shall submit a report prepared by a certified arborist to evaluate the damage or injury to a tree and make recommendations to mitigate the damage or injury.Upon the City Manager's evaluation and approval of the mitigating measures,the person shall implement the mitigating measures as directed by the City Manager.Failure to implement the mitigating measures as directed by the City Manager is a separate offense as to each mitigating measure not implemented. 5. Cumulative Remedies.The rights,remedies,and penalties provided in this article are cumulative,are not mutually exclusive,and are in addition to any other rights,remedies and penalties available to the City under any other provision of law. (Ord.2830,Amended,10/01/2019;Ord.2721,Added,07/19/2016) LOC Chapter 50 Community Development Code Redline CHAPTER 50:COMMUNITY DEVELOPMENT CODE Revised 4/23 LOC 50.01:GENERAL PROVISIONS Revised 4/23 50.01.001 TITLE AND PURPOSE 50.01.002 APPLICATION OF CODE 50.01.003 AUTHORITY 50.01.004 ZONING DESIGNATIONS,BOUNDARIES,MAPS,AND ANNEXATION 50.01.005 AUTHORITY TO INTERPRET CDC,ZONING MAP AND COMPREHENSIVE PLAN 50.01.006 NONCONFORMING USES,STRUCTURES,LOTS AND SITE FEATURES Revised 4/23 LOC 50.02:BASE ZONING DISTRICTS 50.02.001 RESIDENTIAL DISTRICTS 50.02.002 COMMERCIAL,INDUSTRIAL,MIXED USE ZONES 50.02.003 SPECIAL PURPOSE DISTRICTS LOC 50.03:USE REGULATIONS AND CONDITIONS Revised 4/23 50.03.001 INTRODUCTION TO THE USE TABLE 50.03.002 USE TABLE Revised 4/23 50.03.003 USE-SPECIFIC STANDARDS Revised 4/23 50.03.004 ACCESSORY STRUCTURES AND USES Revised 4/23 50.03.005 TEMPORARY STRUCTURES AND USES LOC 50.04:DIMENSIONAL STANDARDS Revised 4/23 50.04.001 DIMENSIONAL TABLE Revised 4/23 50.04.002 SPECIAL STREET SETBACKS 50.04.003 EXCEPTIONS,PROJECTIONS,AND ENCROACHMENTS Revised 4/23 50.04.004 SOLAR ADJUSTMENTS LOC 50.05:OVERLAY AND DESIGN DISTRICTS Revised 4/23 50.05.001 GLENMORRIE R-15 OVERLAY DISTRICT 50.05.002 EVERGREEN R-7.5 OVERLAY DISTRICT 50.05.003 LAKE GROVE R-7.5/R-10 OVERLAY DISTRICT 50.05.004 DOWNTOWN REDEVELOPMENT DESIGN DISTRICT Revised 4/23 50.05.005 WEST LAKE GROVE DESIGN DISTRICT Revised 4/23 50.05.006 OLD TOWN NEIGHBORHOOD DESIGN Revised 4/23 50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT Revised 4/23 50.05.008 SOUTHWEST OVERLAY DISTRICT 50.05.009 GREENWAY MANAGEMENT OVERLAY DISTRICT 50.05.010 SENSITIVE LANDS OVERLAY DISTRICTS Revised 4/23 50.05.011 FLOOD MANAGEMENT AREA 50.05.012 UPLANDS R-10 OVERLAY DISTRICT Revised 4/23 LOC 50.06:DEVELOPMENT STANDARDS Revised 4/23 50.06.001 BUILDING DESIGN Revised 4/23 50.06.002 PARKING 50.06.003 CIRCULATION AND CONNECTIVITY 50.06.004 SITE DESIGN Revised 4/23 50.06.005 PARK AND OPEN SPACE CONTRIBUTIONS 50.06.006 GEOLOGIC HAZARDS AND DRAINAGE 50.06.007 SOLAR ACCESS 50.06.008 UTILITIES Revised 4/23 50.06.009 HISTORIC PRESERVATION 50.06.010 MAINTENANCE AND OPERATION 50.06.011 VISION CLEARANCE LOC 50.07:REVIEW AND APPROVAL PROCEDURES Revised 4/23 50.07.001 SUMMARY PROCEDURES TABLE 50.07.002 LIST OF DECISION-MAKERS 50.07.003 REVIEW PROCEDURES Revised 4/23 50.07.004 ADDITIONAL SUBMISSION REQUIREMENTS Revised 4/23 50.07.005 CONDITIONAL USE PERMITS 50.07.006 OVERALL DEVELOPMENT PLAN AND SCHEDULE 50.07.007 LAND DIVISIONS Revised 4/23 LOC 50.08:VARIANCES Revised 4/23 50.08.001 INTRODUCTION 50.08.002 MINOR VARIANCES Revised 4/23 50.08.003 DESIGN VARIANCES 50.08.004 MAJOR VARIANCES LOC 50.09:ENFORCEMENT AND PENALTIES 50.09.001 VIOLATIONS 50.09.002 ENFORCEMENT 50.09.003 PENALTIES LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Revised 4/23 50.10.001 RULES OF CONSTRUCTION 50.10.002 RULES OF MEASUREMENT 50.10.003 DEFINITIONS Revised 4/23 LOC 50.11:APPENDICES 50.11.001 APPENDIX A—LAKE OSWEGO STYLE 50.11.002 APPENDIX B—INDUSTRIAL LAND USE POLICY ELEMENT(Repealed by Ord.2706, 06/07/2016) 50.11.003 APPENDIX C—OLD TOWN STYLES DESCRIPTION 50.11.004 APPENDIX D—LAKE OSWEGO MASTER PLANT LIST 50.11.005 APPENDIX E—COMMERCIAL LAND USE POLICIES(Repealed by Ord.2732,02/21/2017) 50.11.006 APPENDIX F—MARYLHURST CAMPUS INSTITUTIONAL AREA 50.11.007 APPENDIX G—FOOTHILLS BUILDING AND SITE DESIGN STANDARDS Lake Oswego Municipal Code Page 44/669 LOC 50.01:GENERAL PROVISIONS LOC 50.01:GENERAL PROVISIONS Revised 4/23 50.01.001 TITLE AND PURPOSE 50.01.002 APPLICATION OF CODE 50.01.003 AUTHORITY 50.01.004 ZONING DESIGNATIONS,BOUNDARIES,MAPS,AND ANNEXATION 50.01.005 AUTHORITY TO INTERPRET CDC,ZONING MAP AND COMPREHENSIVE PLAN 50.01.006 NONCONFORMING USES,STRUCTURES,LOTS AND SITE FEATURES Revised 4/23 50.01.001 TITLE AND PURPOSE 1. TITLE Lake Oswego Code Chapter 50 may be referred to as"the Community Development Code of the City of Lake Oswego"and is referred to herein as"the CDC"and"this Code." (Ord.2579,Repealed and Replaced,03/20/2012) 2. PURPOSE a. Generally Applicable Purposes This Code has been drafted in accordance with the policies set forth in the Comprehensive Plan for the City of Lake Oswego.It is the general purpose of this Code,therefore,to provide the principal means for the implementation of the Comprehensive Plan.To fulfill this general purpose this Code is intended to: i. Protect and promote the public health,safety,convenience and general welfare; ii. Guide future land uses,growth and development in accordance with the Comprehensive Plan; iii. Provide for review of those uses determined to carry the potential for adverse impact on surrounding uses; iv. Assure prompt review of development applications for compliance with this Code's requirements,and the application of clear and specific standards; v. Provide for public review and comment on development proposals which may have a significant impact on the community; vi. Guide public and private policy and action to assure provision of adequate water,sewerage,transportation, drainage,parks,open space and other public facilities and services for each development and to implement Comprehensive Plan policies concerning the distribution of costs of public facilities and services required to serve development,and coordinate the timing of development with the provision of adequate public facilities and services; vii. Provide the opportunity for a mixture of housing types which meet the needs of the City residents; viii. Establish procedures,standards,and review of uses assuring that the design of site improvements and building improvements are consistent with applicable standards and minimize adverse impacts on surrounding land uses,and yet allow for and encourage flexibility in the design and layout of site improvements and buildings,and innovation in design and construction; ix. Provide for review and approval of the relationship between land uses and traffic circulation in order to minimize congestion,with particular emphasis on not exceeding the planned capacity of residential streets to carry projected traffic;to provide for safe pedestrian and bicycle circulation;to provide for the proper location of street rights-of-way,easement and building lines;to assure provision of adequate internal vehicle circulation; parking,loading and pedestrian walkways; x. Minimize pollution and damage to waterways and Oswego Lake;to assure the adequacy of drainage facilities and to protect the natural character and functions of waterways; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 45/669 LOC 50.01:GENERAL PROVISIONS xi. Provide standards to regulate the impacts of development upon soils,trees and vegetation,sensitive lands and other natural features; xii. Assure reasonable safety from fire,flood,landslide,erosion or other natural hazards; xiii. Provide opportunities for economic development of the City; xiv. Protect the City's aesthetic beauty and character;and xv. Promote the conservation of energy through site and building design and orientation; b. Historic Preservation Purposes This Code incorporates the City's historic preservation regulations that are intended to: i. Promote the historic,educational,architectural,cultural,economic,and general welfare of the public through the identification,preservation,restoration and protection of those structures,sites,objects,and districts of historic and cultural interest within the City; ii. Foster community and neighborhood pride and sense of identity based on recognition and use of historic and cultural resources; iii. Identify and designate as historic resources only those structures,sites and objects which possess historic features and characteristics viewed by this community as having true historical significance; iv. Strengthen the economy of the City by enhancing the historic and cultural resources for tourists,visitors and residents; v. Encourage public knowledge,understanding and appreciation of the City's history and culture; vi. Promote the enjoyment and use of historic and cultural resources appropriate for the education and recreation of the people of Lake Oswego; vii. Preserve diverse architectural styles reflecting periods of the City's historical and architectural development;and encourage complementary design and construction impacting historic resources; viii. Enhance property values and increase economic and financial benefits to the City and its inhabitants; ix. Identify and resolve conflicts between the preservation of historic or cultural resources and alternative conflicting uses; x. Integrate the management of historic and cultural resources into public and private land management and development processes; xi. Provide the principal means to implement and carry out the provisions of Statewide Planning Goal 5 and the Comprehensive Plan Policies relating to historic resources and support the enforcement of all federal and state laws relating to the protection of National Register resources,archaeological sites and archaeological objects; xii. Recognize the importance of Oswego Lake to this community and the attendant and long-standing use of the lake and appurtenant assets for recreational,water quality and electrical power generation purposes; xiii. Provide clear procedures and standards to ensure that the ongoing operation and maintenance of residential,commercial and industrial uses are not affected in a manner that jeopardizes the economic viability of such uses;and xiv. Protect private property owners against extraordinary cost occasioned by the application of this chapter. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 46/669 LOC 50.01:GENERAL PROVISIONS c. Ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees. [Editor's Note:From time to time,new state and federal laws,regulations,or court decisions are issued.The reader is advised that federal or state law may be determined to supersede portions of this Community Development Code,either generally or as applied to a specific situation.] (Ord.2841,Amended,09/01/2020;Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced, 03/20/2012) 50.01.002 APPLICATION OF CODE 1. APPLICABILITY Development of real property within the corporate limits of the City of Lake Oswego shall be governed by this Code.All provisions in other sections of the Lake Oswego Code which conflict with applicable provisions of this Code are hereby superseded. (Ord.2579,Repealed and Replaced,03/20/2012) 2. COMPLIANCE Except as otherwise specifically provided by this Code,no building or other structure shall be constructed, reconstructed,improved,altered,enlarged or moved,nor shall any use or occupancy of premises within the City be commenced or changed,nor shall any condition of or upon real property be caused or maintained after December 16,1982,except in conformity with the requirements prescribed for each of the several zones and general regulations established hereunder.It shall be unlawful for any person to erect,construct,reconstruct,establish, occupy,alter,enlarge or use,or cause to be used,any building,structure,improvement or use of premises located in any zone described in this Code contrary to the provisions of this Code.Where this Code imposes greater restrictions than those imposed or required by other rules or regulations or Code provisions,the provisions of this Code shall control. (Ord.2579,Repealed and Replaced,03/20/2012) 3. MAINTENANCE OF MINIMUM ORDINANCE REQUIREMENTS No lot area,yard,or other open space,existing on or after December 16,1982,shall be reduced in area,dimension, or size below the minimum required by this Code,nor shall any lot area,yard,or other open space which is required by this Code for one use be used as the lot area,yard,or other open space requirement for any other use,except as provided in this Code. (Ord.2579,Repealed and Replaced,03/20/2012) 4. RELATIONSHIP TO OTHER LAWS AND PRIVATE AGREEMENTS;PRIOR APPROVALS AND CONDITIONS OF APPROVAL It is not an intent of this Code to interfere with,abrogate or annul any easement,covenant or agreement between parties;provided,however,that where this Code imposes a greater restriction upon the use of buildings and premises,upon height of buildings,or requires larger open spaces or similar restrictions than are imposed or required by private agreements,easements and covenants,the provisions of this Code shall govern. a. Approvals Granted Before December 16,1982 Planned unit development approvals,conditional use permits,variances and Development Review Commission approvals,and conditions attached to those approvals,and conditions attached to zone change approvals,granted prior to December 16,1982,shall remain in effect until specifically amended or deleted by action pursuant to this Code.A request to amend approvals or delete or amend conditions of approvals is classified as a request to amend the zoning map and shall be considered as such unless the subject matter of the request is regulated by LOC 50.07.003.11.a,Modification of Approved Permit,in which case the request will be processed pursuant to that section.Those conditions imposed or approvals granted by ordinance under the prior zoning code may be amended or deleted by order of the hearing body,or,on appeal,by order of the City Council,without the necessity of adopting an amending ordinance. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 47/669 LOC 50.01:GENERAL PROVISIONS (Ord.2732,Amended,02/21/2017;Ord.2579,Repealed and Replaced,03/20/2012) 50.01.003 AUTHORITY 1. OFFICIAL ACTION a. All officials,departments,employees,and commissions of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this Code,and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this Code. b. Any permit or approval issued or granted in conflict with the provisions of this Code,whether intentional or otherwise,is void.It is the duty of the person receiving such permit to bring the structure or use subject to the permit into compliance with the terms of this Code immediately upon gaining knowledge that the permit is in conflict with the provisions of this Code. (Ord.2579,Repealed and Replaced,03/20/2012) 2. AUTHORITY OF CITY MANAGER a. Interpret,Implement,Enforce Code i. The City Manager shall have the authority to interpret,implement,and enforce the requirements of this Code,subject to review by the hearing body and/or the City Council pursuant to this Code. ii. The City Manager may request an advisory opinion from the First Addition Neighborhood Association or the Old Town Neighborhood Association regarding interpretation or application of standards and requirements of the R-6 and R-DD zones,respectively. b. Administrative Rules The City Manager may adopt administrative rules to aid in implementing this Code. c. Delegation of Authority The City Manager may delegate any authority or responsibility identified in this Code to any suitable person. d. Interpretation of Approvals The City Manager shall interpret the meaning and scope of approvals granted based on the record of the proceeding. [Cross-Reference:See LOC 50.05.010.4.d,Construction Standards—Grading,Clearing or Construction in RP or RC zone.] e. Concurrent Hearings When more than one approval is sought for a particular property the City Manager may allow the requests to be processed concurrently.The City Manager may refuse to allow concurrent consideration if it is determined that such a process would be impractical or cumbersome,tend to create confusion before the hearing body or require a potentially unnecessary use of City resources. f. Historic Resources i. The City Manager shall have the authority to make a decision to approve,approve with conditions,or deny applications for: (1) Minor alterations to a landmark; (2) Major alterations to a landmark if the application includes other minor development; (3) Alterations,moving or demolition of a contributing resource. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 48/669 LOC 50.01:GENERAL PROVISIONS ii. At the discretion of the City Manager,an application under subsection 2.f.i of this section may be referred to the DRC for hearing and decision. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 3. AUTHORITY OF HEARING BODY The hearing body shall be the Planning Commission,the Development Review Commission(DRC)or the Historic Resources Advisory Board(HRAB). a. Planning Commission Except as provided by LOC 50.01.003.3.d,the Planning Commission shall hear: i. Applications to develop pursuant to a mixed use Overall Development Plan and Schedule(ODPS);and ii. Applications for a quasi-judicial zone change or quasi-judicial Comprehensive Plan or Code amendment. b. Historic Resources Advisory Board Except as provided by subsection 3.d of this section,HRAB shall hear applications and shall have the authority to make a decision to approve,approve with conditions,or deny an application for the following: i. Designation or removal of a designation of a historic resource; ii. Establishment,modification or abolishment of a historic district; iii. Demolition or moving of a landmark; iv. Demolition(as defined in LOC 50.06.009.9.b)or relocation of a National Register property. c. Development Review Commission i. Except as provided by subsection 3.d of this section,the Development Review Commission shall hear all other applications for development,including: (1) Conditional use; (2) Single use ODPS; (3) Appeals of decisions of the City Manager on minor development applications;and (4) Any application referred by the City Manager pursuant to LOC 50.07.003.14.d.i. d. Consolidated Review If a person desires to apply for a development which requires hearings before the Planning Commission,DRC, and/or HRAB,the City Manager may either consolidate the proceedings before one hearing body or schedule the hearings in such a manner that a decision on the development can be made within the time period for fmal action established by state law.The City Manager has the sole discretion to determine which hearing body shall hear the application.As a nonbinding guideline,the City Manager should refer the consolidated proceeding to the Planning Commission if the City Manager believes that the application raises significant policy issues.The City Manager should refer the consolidated proceeding to the DRC if the City Manager believes the primary issue involves siting or design. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 49/669 LOC 50.01:GENERAL PROVISIONS 4. DEVELOPMENT PERMITS RESTRICTED FOR UNLAWFUL USES No development permit shall be issued for a development or use of land in violation of this Code,unless the violation is rectified as part of the development. (Ord.2579,Repealed and Replaced,03/20/2012) 5. DEVELOPMENT RESTRICTED ON ILLEGAL LOT 0 a. No development permit shall be issued for the development or use of an illegal lot unless the lot is made legal pursuant to the applicable requirements for creation of a lot in effect at the time of application.The applicant shall demonstrate conformance with applicable legal requirements.This restriction applies regardless of whether the applicant was responsible for creation of the illegal lot. b. If an illegal lot cannot be made legal pursuant to subsection 5.a of this section because it does not comply with lot area or dimensional requirements in effect at the time of application,an application for the creation of the lot shall be exempted from compliance from such lot area or dimensional requirements if the applicant demonstrates that the lot would have complied with lot area and dimensional requirements applicable at the time of creation. c. If an illegal lot cannot be made legal pursuant to subsection 5.a or 5.b of this section because it does not comply with applicable lot area or dimensional requirements at the time of application and did not comply with applicable lot area or dimensional requirements at the time of creation,an application for the creation of the lot shall be exempted from compliance with such lot area and dimensional requirements if the applicant demonstrates that development that would be allowed by legal creation of the lot will not have a significant negative impact on the neighborhood in terms of scale,noise,traffic,parking,loss of privacy,obstruction of views,or buffers from existing properties.In determining the degree of impact,the City shall consider the consistency of potential development on a lot with the existing development pattern in the vicinity.The City may impose conditions on development of the lot in order to ensure that legalization of the lot does not have a significant negative impact on the neighborhood. Public notice of an application to legalize a lot pursuant to this subsection shall contain a map of the property illustrating the building envelope.If the lot proposed to be made legal pursuant to this subsection has a lot area or dimension which is less than 65%of the size or length required by the zone at the time of application,the application to create the legal parcel shall be referred to the Development Review Commission for public hearing. (Ord.2579,Repealed and Replaced,03/20/2012) 50.01.004 ZONING DESIGNATIONS,BOUNDARIES,MAPS,AND ANNEXATION 1. ZONING DISTRICTS The City is divided into the following zoning designations: TABLE 50.01.004-1:Zoning Designations Zone District Category Map Designation Residential Residential—Low Density R-15 Residential—Low Density R-10 Residential—Low Density R-7.5 Residential—Medium Density(FAN) R-6 Residential—Medium Density R-5 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 50/669 LOC 50.01:GENERAL PROVISIONS TABLE 50.01.004-1:Zoning Designations Zone District Category Map Designation Residential—Design District(Old Town) R-DD Residential—High Density R-3 Residential—High Density R-2 Residential—High Density R-0 Residential—Waterfront Cabanas R-W Commercial Neighborhood Commercial NC General Commercial GC Highway Commercial HC Office Campus OC East End General Commercial EC Campus Research and Development CR&D Mixed Use Foothills Mixed Use FMU Mixed Commerce MC West Lake Grove Districts WLG Townhome Residential WLG R-2.5 WLG Residential Mixed Use WLG RMU WLG Office Commercial WLG OC Industrial Industrial I Industrial Park IP Special Purpose Districts Campus Institutional CI Public Functions PF Park and Natural Areas PNA Overlay Districts—Area Specific Glenmorrie R-15 Overlay District GO Evergreen R-7.5 Overlay District EO Lake Grove R-7.5/R-10 Overlay District LGO Downtown Redevelopment Design District DRD West Lake Grove Design District WLG The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 51/669 LOC 50.01:GENERAL PROVISIONS TABLE 50.01.004-1:Zoning Designations Zone District Category Map Designation Old Town Neighborhood Design OTN Lake Grove Village Center Overlay District LGVCO Southwest Overlay District SWO Overlay Districts—Resource Specific Greenway Management Overlay District GM Sensitive Lands Overlay Resource Conservation(Tree Groves) RC Resource Protection(Streams and Wetlands) RP Habitat Benefit Area(Tree Groves) HBA Flood Management Area FMA (Ord.2783,Amended,06/19/2018;Ord.2723,Amended,10/18/2016;Ord.2687,Amended,12/15/2015;Ord.2668,Amended,12/01/2015;Ord. 2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. ZONING DISTRICTS MAP a. The boundaries of the zoning districts established in this Code are indicated on the City zoning map. b. Amendments to the City zoning map maybe made pursuant to LOC 50.07.003.16,Legislative Decisions. Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change,together with the adopting document,on file in the office of the City Recorder. c. The City Manager shall maintain an up-to-date copy of the City zoning map to be revised from time to time so that it accurately portrays changes of zone boundaries.A separate map shall also be maintained and show the location of conditional use permits,planned developments and variances.The City Manager shall index on the appropriate map adjacent to such zone change,conditional use,planned developments,or variance,the file number of the document authorizing the same. (Ord.2579,Repealed and Replaced,03/20/2012) 3. INTERPRETATION OF ZONE DISTRICT BOUNDARIES S a. Guidelines for Interpretation Where due to the scale,lack of detail or illegibility of the City zoning map or due to any other reason,there is uncertainty,contradiction or conflict as to the intended location of any zone district boundary,the exact location of district boundary lines shall be determined by the City Manager in accordance with the following guidelines: i. Street Lines Where district boundaries are indicated as approximately following the centerline or right-of-way line of streets,such lines shall be construed to be such district boundaries. ii. Street Vacations The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 52/669 LOC 50.01:GENERAL PROVISIONS Whenever any street is lawfully vacated,and the lands within the boundaries thereof attach to and become a part of lands adjoining such street,the lands formerly within the vacated street shall automatically be subject to the same zoning district designation that is applicable to lands to which same attaches. iii. Lot Lines Where district boundaries are indicated as approximately following lot lines,such lot lines shall be construed to be said boundaries.If a district boundary divides a lot into two or more districts,the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary;provided,that the boundary adjustment is for a distance of less than 20 ft.If an adjustment of more than 20 ft.is required,the change in the district boundary shall be treated as a change of zone. iv. Water Courses District boundary lines are intended to follow the centerlines of water courses and the shore line of Oswego Lake unless such boundary lines are otherwise fixed on the City zoning map. (Ord.2579,Repealed and Replaced,03/20/2012) 4. ZONING OF ANNEXED AREAS a. Zoning designations on newly annexed territories shall be imposed as provided in LOC 50.01.004.5. b. The City may consider the zoning for any area proposed for annexation at the same time the question of annexation for the area is considered.The notice and hearing procedures shall be the same as if the area in question were located within the City limits.The zoning decision shall not be a final decision for the purposes of judicial review until the date that the approval of the annexation of the area has become effective,or the date of the zoning order if that date is later in time. (Ord.2579,Repealed and Replaced,03/20/2012) 5. COMPREHENSIVE PLAN MAP DESIGNATIONS AUTOMATICALLY APPLIED UPON ANNEXATIONS;EXCEPTIONS a. The Lake Oswego Comprehensive Plan Map provides for the future City zoning of all property within the City's Urban Service Boundary.In cases where the Comprehensive Plan Map requires a specific zoning map designation to be placed on territory annexed to the City of Lake Oswego,such a zoning designation shall automatically be imposed on territory as of the effective date of the ordinance annexing such territory to the City. The City Manager shall modify the zoning map accordingly.In cases where the Comprehensive Plan Map does not require a specific zoning map designation to be placed on territory annexed to the City,the City Manager shall prepare an application and recommend a specific zoning map designation to the Planning Commission with all due speed following the effective date of an ordinance annexing such territory to the City of Lake Oswego.The Planning Commission shall hear the application pursuant to LOC 50.07.003.16,Legislative Decisions. b. Where the Comprehensive Plan Map indicates an RP,RC,or HBA District designation on territory proposed for annexation,the City shall notify the owners of the annexing territory that they have 20 days prior to the initial public hearing on the annexation to contest the designation pursuant to LOC 50.07.004.8.b,Sensitive Lands Overlay Districts.No fee shall be charged for such review.If,following review,the decision-maker determines the property was improperly designated,the RP,RC,or HBA designation shall be removed. c. When evidence indicates that a resource that potentially qualifies for an RP or RC District or HBA overlay designation pursuant to LOC 50.07.004.8 exists on territory to be annexed,the City may conduct an Economic, Social,Environmental,and Energy(ESEE)Analysis and determine whether such a zone should be imposed pursuant to LOC 50.07.004.8,Sensitive Lands Overlay Districts.City staff may request a delay in the effective date of annexation to complete review. (Ord.2687,Amended,12/15/2015;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 53/669 LOC 50.01:GENERAL PROVISIONS 6. EFFECT OF CONDITIONS OF APPROVAL OR DEVELOPMENT OR DESIGN REGULATIONS IMPOSED PRIOR TO ANNEXATION a. Purpose The purpose of this section is to require owners of nonconforming uses,structures,or parcels annexed into the City of Lake Oswego to continue to comply with the use,design or development standards imposed by the prior jurisdiction until such time as the use,structure,or parcel is modified or developed under City development standards. b. Definition of Prior Jurisdiction For purposes of this section,"prior jurisdiction"shall mean the county or city that had zoning jurisdiction upon the parcel prior to its annexation to the City of Lake Oswego. c. Compliance with Prior Jurisdiction Requirements Following annexation of a parcel into the boundaries of the City of Lake Oswego,the owner of a parcel shall comply with the use limitations,development or design regulations,or conditions of approval applicable to the use, structure or parcel imposed by the prior jurisdiction prior to annexation of the parcel into the boundaries of the City. d. Interpretation of Prior Jurisdiction Requirements In the event it is necessary to interpret the design or development standards,or use limitations of a prior jurisdiction, or any condition of approval granted by a prior jurisdiction,the interpretation shall be made in the manner provided by LOC 50.01.005,Authority to Interpret CDC,Zoning Map and Comprehensive Plan. e. Modification of Conditions of Approval The owner's obligation to comply with the conditions of approval of a development permit issued by a prior jurisdiction may be modified following annexation of the parcel into the City boundaries the same as if the conditions were imposed by the City,in the same manner as provided in LOC 50.07.003.11,Modification of Development Permits.Except to the extent a condition of approval is modified pursuant to this subsection,the prior jurisdiction's use limitations,and development or design regulations,shall continue to apply to the use,structure or parcel. f. Modification of Use,Structure or Parcel to Comply with Applicable City Use,Design,or Development Regulations A property owner may seek modification of the requirements of a development permit,including use,design or development regulations,issued or imposed by the prior jurisdiction for the purpose of complying with comparable City use,design or development regulations.Such modification shall be in accordance with LOC 50.07.003.11, Modification of Development Permits.Except to the extent the use,structure or parcel complies with City requirements following modification of development permit as provided under this subsection,the owner shall comply with the prior jurisdiction's use limitations,and development or design regulations. g. Effect of Compliance with Prior Jurisdiction Requirement or Modification Upon Nonconforming Status This section shall not be construed as remedying the nonconformance of any use,structure or parcel with the use limitations,design and development requirements of this Code.Notwithstanding the compliance of the owner with this section,the structure or use shall nevertheless be deemed nonconforming and shall be subject to the provisions of LOC 50.01.006.1.b,50.01.006.3.a.i,50.01.006.3.a.iv and LOC 50.01.006.4,Nonconforming Uses,Structures, Lots and Site Features. [Cross-Reference:LOC 50.01.006.1—Nonconforming Defined;Rights Granted.] (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 54/669 LOC 50.01:GENERAL PROVISIONS 50.01.005 AUTHORITY TO INTERPRET CDC,ZONING MAP AND COMPREHENSIVE PLAN 1. CITY MANAGER INTERPRETATIONS A person may request an interpretation of the City Comprehensive Plan or land use regulations from the City Manager.Such an interpretation may be formal or informal,as follows: a. Formal Interpretation An applicant may request a formal interpretation as it relates to the proposed development of a specific property owned by the applicant or by a person for whom the applicant is the agent.The application shall be in writing and shall set forth the issues the applicant desires interpreted.A fee set by resolution of the City Council may be charged for an application for a formal interpretation.Notice of a request for a formal interpretation shall be sent in the manner provided for a minor development pursuant to LOC 50.07.003.3.a and 50.07.003.14.c,and notice of the interpretation shall be sent in the same manner as notice of a decision on a minor development pursuant to LOC 50.07.003.14.d.iii(3),Notice of Final Decision.A formal interpretation may be appealed in the same manner as a minor development.Once a formal interpretation becomes final,it shall be binding on the City as it applies to a future application for development of the subject property unless the provision that is the subject of the interpretation is amended,repealed or construed differently by LUBA or a court of competent jurisdiction prior to the filing of the application for development.Such an interpretation shall not be binding as it relates to development of other properties. b. Informal Interpretation Any person may request the planning staff or the City Attorney for an informal interpretation.Such a request may either be oral or in writing,and is not subject to notice,appeal or a fee.Such an interpretation is not a final land use decision,however,and is not binding on City staff or City appellate authorities as it applies to future land use applications on the subject property or in general. (Ord.2579,Repealed and Replaced,03/20/2012) 50.01.006 NONCONFORMING USES,STRUCTURES,LOTS AND SITE FEATURES Revised 4/23 1. NONCONFORMING DEFINED;RIGHTS GRANTED 0 a. Nonconforming;Illegal i. A use,structure,lot,or site feature(e.g.,landscaping,parking,etc.;see Sign Code,LOC Chapter 47 for nonconforming signs)is nonconforming if the use,structure,lot,or site feature was initially lawfully established,but does not comply with or would not be permitted to exist under this Code due to a subsequent enactment or amendment to this Code,or due to annexation. ii. An illegal use,structure,lot or site feature is one that was not lawfully established because it does not comply with or would not be permitted under this Code or any prior versions of this Code.A use,structure,lot or site feature that was lawfully established under a prior jurisdiction but did not comply with this Code at the time of annexation is not illegal.An illegal use,structure,or site feature is a violation of this Code and may be subject to abatement or penalties pursuant to LOC Article 50.09.An illegal lot may obtain legal status only if it meets the requirements set forth in LOC 50.01.003.5,Development Restricted on Illegal Lot. b. Approved Variance A use,structure,lot,or site feature for which a variance was granted is not considered nonconforming solely because the characteristic of the use,structure,lot,or site feature for which the variance was granted fails to comply with the requirements of this Code.However,the existence of an approved variance does not prevent the use, structure,lot,or site feature from being classified as nonconforming as to another characteristic that fails to comply with the requirements of this Code. c. Applicability to Approvals and Incomplete Construction The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 55/669 LOC 50.01:GENERAL PROVISIONS If a use,structure,or site feature that received final development approval becomes nonconforming within a year after approval,but before construction is completed,no change in plans,construction or use for which a final development approval was received is required.All rights granted by this section are extinguished if the development permit or building permit is revoked or becomes void.The structure,use,or site feature shall thereafter conform to all applicable provisions of this Code. [Cross-Reference:LOC 50.07.005.1—Uses Under Conditional Use Provisions Not Nonconforming Uses.] (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. CONTINUATION AND MAINTENANCE OF NONCONFORMITIES Revised 4/23 a. Continuation of Nonconformity Subject to the provisions of this section,and except as otherwise provided by this Code,a nonconforming use, structure,lot,or site feature may be continued in use so long as it remains otherwise lawful. b. Demolition or Alteration of a Nonconforming Dwelling In a residential zone,an existing nonconforming residential dwelling shall be removed or brought into conformance with this Code upon: i. Demolition of the dwelling under LOC 45.12.100(1)(d),except where demolition results from the Building Official ordering the reconstruction of a wall under subsection 2.c of this section because it is unsafe;or ii. An increase in floor area of the dwelling by 50%or more where the total floor area of the dwelling after the addition exceeds 90%of maximum allowed floor area,except as provided in subsection 3 of this section. EXCEPTION:In calculating whether the increase in floor area of the dwelling is 50%or more,new floor area resulting from conversion of existing unfinished and enclosed space within the structure is excluded,provided the conversion does not expand the building or increase roof height(including dormers). c. Maintenance On any nonconforming structure or site feature,maintenance may be performed in a manner not in conflict with the other provisions of the City Code.Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure,or portion thereof,or site feature declared to be unsafe by any official charged with protecting the public safety,upon the order of that official. (Ord.2891,Amended,02/21/2023;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 3. EXPANSION OR CHANGE OF NONCONFORMITIESRevised 4/23 a. Nonconforming Structures A nonconforming structure may only be expanded or changed in accordance with the provisions of this subsection. i. Nonconforming structures may only be expanded if: (1) The expansion does not increase the degree of any existing nonconformity;and (2) The expansion does not create any new nonconformity. ii. Portions of a nonconforming structure that are not being altered as part of the expansion are not required to be brought into conformance with this Code. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 56/669 LOC 50.01:GENERAL PROVISIONS iii. Extensions of nonconforming walls may be approved through the Minor Variance process set forth in LOC 50.08.002.2.k. iv. For residential structures,a change in roof pitch on a nonconforming portion of the structure may be permitted if the roof height is not increased by more than six ft.above the existing wall top plate and does not exceed the base zone height. v. A nonconforming dwelling in a residential zone may maintain its nonconformity notwithstanding the requirement in subsection 2.b of this section to either demolish or conform to the Code,where: (1) The dwelling is located on publicly owned property;or (2) The development maintains a native tree 30 in.DBH or greater,or a native tree greater than 15 in. DBH if the lot contains no other native tree 30 in.or greater,within the building envelope of the lot.In both cases,the native tree must not be dead,invasive,or hazardous,as defined in LOC 55.02.020.The owner shall record a notice of development restriction requiring preservation of the native tree prior to issuance of a building permit. (Commented[JD35]:Consider rewriting for clarity vi. Use of Expansion Area (1) If the building being expanded contains a permitted use,that use may also occupy the building expansion area. (2) If the building being expanded contains a conditional use,that use may only be enlarged to also occupy the building expansion area with a modification of the conditional use permit. (3) If the building being expanded contains a nonconforming use,that nonconforming use may be enlarged to also occupy the expanded area with a conditional use permit,but the conditional use criterion in LOC 50.07.005.3.a.i,Authorization to Permit or Deny Conditional Uses,as it relates to uses in the zone shall not apply. b. Nonconforming Uses i. A nonconforming use may only be expanded with a conditional use permit,but the conditional use criterion in LOC 50.07.005.3.a.i,Authorization to Permit or Deny Conditional Uses,as it relates to uses in the zone shall not apply. ii. A nonconforming use with outdoor operations may only expand its outdoor operations to new areas of the property with a conditional use permit. iii. A nonconforming use may only be changed to: (1) A permitted use;or (2) A conditional use,with a conditional use permit. c. Nonconforming Site Features i. If a property is nonconforming with respect to landscaping or open space and the expansion of a structure on the property is proposed,the applicant shall install new landscaping and/or open space in an amount equal to the lesser of: (1) The footprint of the new building addition multiplied by the percentage of landscaping and/or open space prescribed by this Code;or (2) The amount of landscaping and/or open space needed to bring the property into compliance with the minimum amounts of landscaping and/or open space required by this Code. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 57/669 LOC 50.01:GENERAL PROVISIONS (Ord.2891,Amended,02/21/2023;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 4. DAMAGE AND RECONSTRUCTION OF NONCONFORMING STRUCTURES 110 a. Single-Family and Middle Housing Dwellings,Accessory Structures,and Historic Landmarks This subsection is applicable to nonconforming single-family dwellings,middle housing dwellings,historic landmarks designated or listed upon the Landmark Designation List,and accessory structures to a single-family dwelling,middle housing dwelling,or historic landmark. i. Nonconforming Structures Not Located in the Flood Management Area Subject to the time limitation in subsection 4.c of this section,when all or any portion of a nonconforming structure listed above is damaged by any cause other than an intentional act of the owner,and no part of the structure is located in the flood management area,the reconstruction of the nonconforming structure shall be exempt from the provisions of this Code to the extent that the damaged portions of the structure failed to conform. ii. Nonconforming Structures Located in the Flood Management Area Subject to the time limitation in subsection 4.c of this section,when all or any portion of a nonconforming structure is damaged by any cause other than an intentional act of the owner,and part of the structure is located in the flood management area,the reconstruction of the nonconforming structure shall be exempt from the provisions of this Code to the extent that the damaged portions of the structure failed to conform,except that no part of the structure shall be reconstructed within the flood management area. iii. Nonconforming Single-Family or Duplex Dwelling or Landscaping Located in an RP or RC District or Construction Setback (1) Nonconforming Structures See LOC 50.05.010.4.a,Rebuilding Nonconforming Single-Family or Duplex Dwelling Located in RP or RC District or Construction Setback,and LOC 50.05.010.2.b and c,General and Specific Exceptions. (2) Nonconforming Landscaping See LOC 50.05.010.5.c.iii(8)(e),Landscaping in an RC district,and LOC 50.05.010.6.c.ii(1)(a)(v), Landscaping in an RP district. iv. Damage to a Nonconforming Structure by an Intentional Act of an Owner When all or any portion of a nonconforming structure is damaged by an intentional act of the owner,all reconstruction of the structure shall conform to this Code. b. Structures Other Than Single-Family or Middle Housing Dwellings,Accessory Structures,and Historic Landmarks i. Applicability This subsection is applicable to structures other than those listed in subsection 4.a of this section. ii. Ability to Construct or Reconstruct Nonconforming Structure (1) Damage to Nonconforming Structures of Less than 50%of the Structure Replacement Cost The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 58/669 LOC 50.01:GENERAL PROVISIONS If a nonconforming structure is damaged from any cause to the extent that the cost of rebuilding the damaged portions is less than 50%of the current replacement cost of the entire building,the rebuilding may be reconstructed to the extent that it was nonconforming,except that no portion of the structure shall be reconstructed in the flood management area. (2) Damage to Nonconforming Structures of More than 50%of the Structure Replacement Cost If a nonconforming structure is damaged from any cause to the extent that the cost of rebuilding the damaged portions is 50%or more of the current replacement cost of the entire building,the rebuilding shall conform to City codes and standards. c. Time Limitation i. In order to use any rights to reconstruct a damaged nonconforming structure without full compliance with this Code,above,the building permit for the new construction or reconstruction must be issued within one year from the date of damage.If the building permit is not issued within the one-year period,or if the building permit is issued but later expires,the ability to reconstruct a nonconforming structure not in compliance with this Code shall cease. ii. On demonstration that a good faith effort has been made by the owner to be able to apply for the building permit to reconstruct the damaged structure(including obtaining funding and completion of architectural work) and a written request for extension is submitted prior to expiration,the City Manager may extend the construction rights for an additional year.Construction shall be completed within two years of the issuance of the building permit or extension granted by the City Manager. iii. The time limitations in subsections 4.c.i and 4.c.ii of this section,may be extended by the City Manager if the owner can demonstrate that the reconstruction of a damaged nonconforming structure is pending review under an insurance claim or litigation.Construction shall be completed within two years of the settlement date or decision of the insurance claim or litigation. (Ord.2892,Amended,06/07/2022;Ord.2832,Amended,01/07/2020;Ord.2644,Amended,04/07/2015;Ord.2579, Repealed and Replaced,03/20/2012) 5. NONCONFORMING LOTS 0 a. Development Permitted A nonconforming lot that does not meet the minimum size or dimensional requirements of the zone in which it is located may be developed as permitted in that zone;provided,that(i)the structure complies with all applicable Code standards or(ii)the applicant obtains a variance pursuant to LOC Article 50.08,Variances. Exception:No middle housing except a duplex and accessory structures to a duplex shall be developed on a nonconforming lot that does not meet the minimum size or dimensional requirements of the zone. b. Lot Line Adjustment Lot lines may be adjusted;provided,that the degree of any existing nonconformity is not increased and no new nonconformity is created on any of the lots involved as a result of the adjustment. (Ord.2892,Amended,06/07/2022;Ord.2644,Amended,04/07/2015;Ord.2599,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 6. DISCONTINUATION OF NONCONFORMING USE a. One-Year Time Limit The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 59/669 LOC 50.01:GENERAL PROVISIONS If a nonconforming use is discontinued for a period of at least one year,the nonconforming use may not be restarted and future use shall comply with the requirements of this Code.For the purpose of this standard,"discontinued" means the use has vacated or ceased operation on the site. b. One-Year Extension Up to two one-year extensions may be granted by the City Manager if the owner demonstrates that they are actively marketing the property for continuation of the nonconforming use but have been unable to fmd a buyer or tenant for that use.The owner shall file each request for a one-year extension separately.After three years,the nonconforming use may not be restarted,and any future use of the structure shall comply with the requirements of this Code. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 60/669 LOC 50.02:BASE ZONING DISTRICTS LOC 50.02:BASE ZONING DISTRICTS 50.02.001 RESIDENTIAL DISTRICTS 50.02.002 COMMERCIAL,INDUSTRIAL,MIXED USE ZONES 50.02.003 SPECIAL PURPOSE DISTRICTS 50.02.001 RESIDENTIAL DISTRICTS 1. RESIDENTIAL-LOW DENSITY ZONES a. Districts The residential-low density zone districts are R-15,R-10,and R-7.5. b. Purpose To provide lands for single-family residential development with densities ranging from two to five dwelling units per gross acre,and to provide lands for middle housing development. (Ord.2892,Amended,06/07/2022;Ord.2579,Repealed and Replaced,03/20/2012) 2. RESIDENTIAL-MEDIUM DENSITY ZONES a. Districts The residential-medium density zone districts are R-6,R-5,and R-DD. b. Purpose i. R-5 To provide lands for single-and multi-family residential development with densities ranging from seven to eight dwelling units per gross acre,and to provide lands for middle housing development. ii. R-DD Zone (1) The purpose of the R-DD zone is to assure that both single-family homes and middle housing are protected from noise,light,glare and reduction in privacy to the maximum extent possible during the area's transition to higher density residential use,to facilitate good architectural design and site planning which maintains residential choices of unit size,cost and other amenities and supports the economic feasibility of new construction and development,and to assure protection and compatibility of all land uses,including commercial,residential,park,open space and historic sites. (2) The R-DD zone is intended for use in low density residential districts which are undergoing transition to increased densities,and which have scenic,historic,natural or residential features which should be preserved and integrated with new development. iii. R-6 Zone The FAN R-6 zone is intended to implement the land use policies of the First Addition Neighborhood Plan.The purpose of this zone is to ensure the design quality of proposed development in the neighborhood by: (1) Ensuring that proposed building designs are visually compatible with the character of existing structures,maintain adequate light and air between structures,and complement the neighborhood's architectural character. (2) Minimizing the visual impact of garages from the street,and to continue established alley uses and functions such as access to garages,off-street parking and trash removal. (3) Encouraging compatible and sensitive remodeling and renovation of existing residences. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 61/669 LOC 50.02:BASE ZONING DISTRICTS (4) Preserving the small-town character of the existing streetscape by allowing single-family and middle housing development that is human scale and pedestrian oriented. (5) Enhancing the natural environment of the neighborhood as one of the dominant characteristics. (6) Preserving FAN's historical and architectural character by encouraging infill development that is compatible in design character to landmark structures on abutting lots. (Ord.2892,Amended,06/07/2022;Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced, 03/20/2012) 3. RESIDENTIAL-HIGH DENSITY ZONES a. Districts The residential-high density zone districts are R-3,R-2,R-0,and R-W. b. Purpose To provide lands for single-and multi-family residential development with densities of at least 12 dwelling units per gross acre,and to provide lands for middle housing development. (Ord.2892,Amended,06/07/2022;Ord.2579,Repealed and Replaced,03/20/2012) 50.02.002 COMMERCIAL,INDUSTRIAL,MIXED USE ZONES 1. PURPOSES a. Neighborhood Commercial(NC) To provide land near residential areas for lower intensity commercial activities that primarily serve the surrounding neighborhood,smaller public facility uses,and residential uses. [Cross-Reference:Uses in Mt.Park and Monroe/Boones Ferry neighborhood commercial areas,LOC 50.02.002.c.i and 50.02.002.c.ii have also been determined to implement the Neighborhood Commercial polices of the Comprehensive Plan.] b. General Commercial(GC) To provide lands for a mix of higher intensity commercial activities supplying a broad range of goods and services to a market area approximately equal to the planning area identified in the Comprehensive Plan,as well as residential,public facilities,and cultural uses. c. Highway Commercial(HC) To provide lands for commercial activities which meet the needs of the traveling public as well as other highway- oriented retail uses which require access to a market area larger than the general commercial zone.This zone is not intended for regional shopping centers. d. Mixed Commerce(MC) To provide for a mix of uses requiring highway access and which provide a strong visual identity.Intended uses include local and regional convention type facilities,office uses and supporting retail uses. e. Office Campus(OC) To provide lands for major concentrations of regionally-oriented offices and employment opportunities for a market area larger than the planning area. f. Campus Research and Development(CR&D) To provide a mix of clean,employee-intensive industries,offices and high-density housing with associated services and retail commercial uses in locations supportive of mass transit and the regional transportation network. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 62/669 LOC 50.02:BASE ZONING DISTRICTS g. East End General Commercial(EC) To implement Comprehensive Plan policies applicable to the Downtown Town Center and to provide land for a mix of higher intensity commercial,residential,and cultural uses and public facilities that support a traditional downtown commercial core. h. West Lake Grove Zones i. Districts The West Lake Grove zone districts are:Townhome Residential(WLG R-2.5),Residential Mixed Use(WLG RMU),and Office-Commercial(WLG OC). H. Purpose To provide zoning for townhome residential,commercial,and mixed-use development in the West Lake Grove District that accommodates lower intensity commercial,public facility and residential uses;and to provide a transition between the Lake Grove Village Center and adjacent residential neighborhoods.These districts are intended to supply services to a market area that is comprised of adjacent neighborhoods. i. Industrial Zone(I) The purpose of the industrial zone is to provide land where general industrial development can be located. j. Industrial Park Zone(IP) To provide lands where primarily light industrial and employment uses can occur in a campus-like setting under controls to make activities mutually compatible and also compatible with existing uses bordering the zone. k. Foothills Mixed Use(FMU) To foster a mix of housing,retail and office uses in a central location proximate to downtown and along the Willamette River.Commercial uses are allowed but are not intended to dominate the character of the area.Retail uses are limited in size to complement the downtown core and facilitate the development of neighborhood-focused retail served by transit.The design and development standards are intended to create a unique Lake Oswego community.The emphasis of the zone is on residentially related uses. The Foothills Mixed Use code provisions are intended to: i. Connect the FMU area with downtown,Tryon Creek,Old Town,the Willamette River and Oswego Lake; ii. Create a sustainable walkable neighborhood that possesses a thriving,active,and comfortable pedestrian environment; iii. Create visual interest through varied building heights that are urban in character,yet include detailed amenities at the ground floor that enhance the pedestrian environment; iv. Create high quality buildings,of long lasting materials,to promote the permanence of the community; v. Allow for a mix of residential uses,with urban density,and neighborhood scale retail and office development;and vi. Establish a standard of design that reinforces Lake Oswego's sense of place. (Ord.2723,Amended,10/18/2016;Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 2. SPECIFIC STANDARDS FOR COMMERCIAL,MIXED USE,AND INDUSTRIAL ZONES a. Standards Applicable in Commercial Zones The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 63/669 LOC 50.02:BASE ZONING DISTRICTS i. Residential Screening All business,service,repair,processing,and storage,or the display of merchandise on property abutting or adjacent to a residential zone shall be conducted wholly within an enclosed building unless screened from the residential zone by a buffer area by either constructing a fence at least six ft.high or the buffer area is planted to create year-round sight-obscuring landscaping that will reach six ft.high within two years from the date of planting.Driveway access is permitted through the buffer area. ii. Vehicle Rental or Sales Lots Motor vehicle,recreational vehicles,boat or trailer rental or sales lots shall be drained and surfaced with pavement except in those portions of the lot maintained as landscaped areas. in. Unified Site Plan All development in any commercial zone will be developed under a unified site plan.The site plan will identify circulation patterns and access points,method of provision of public services and general placement of lots and structures,general area and type of uses.Proposals with multiple ownerships shall include a written agreement of all owners that development of the site will occur pursuant to the site plan approved. b. Standards Applicable in Specific Zones i. MC and CR&D Zones (1) Access No direct access from a lot shall be allowed to Kruse Way or to Kruse Woods Drive. (2) Major Tree Removal Prohibited INo major trees(a tree with a trunk diameter of at least eight in.at 24 in.above grade)located within 30 ft. of the Kruse Way right-of-way may be removed for landscaping or development purposes under LOC 55.02.080... . Commented[JD36]:The community and the planning department would likely benefit from a resource that ii. OC Zone Development Plan and Schedule consolidates all tree removal regulations in one place.With other municipalities,Dudek's urban forestry team has Development of any site in the Office Campus zone requires an Overall Development Plan and Schedule, approached this in two ways: pursuant to LOC 50.07.006,showing the distribution of the proposed use(s),the general circulation pattern within all lots included in the site and general utility and drainage provisions.The site may be developed in 1.Include an"area-specific regulations"chapter within phases,based on the overall site plan. the tree code.Policy written here are intentionally redundant with tree regulations found elsewhere in the iii. Specific Standards in the Industrial and Industrial Park Zones municipal code. (1) Uses in the IP and I zones emitting noise,smoke,glare,vibration,or fumes,or having similar 2.Create a separate resource,such as a web page or environmental effects,shall mitigate for those effects such that their impacts on people,property and uses handout,that organizes all tree-related policies in one beyond the property lines of the subject site are avoided or minimized to the greatest extent practicable. place. (2) Accessory retail uses in IP sites within 200 ft.of residentially zoned property may be open from 8:00 a.m.to 10:00 p.m.Sunday through Thursday and 8:00 a.m.to 12:00 a.m.on Friday and Saturday. iv. Marijuana Facilities [Editor's Note:Ord.2689 bans all marijuana facilities in the City,and the voters approved continuation of the ban on Nov.8, 2016.] Marijuana production,processing,wholesale,laboratory/testing,and retail(includes medical dispensary) facilities shall comply with the following standards: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 64/669 LOC 50.02:BASE ZONING DISTRICTS (1) The facility shall be licensed by the Oregon Liquor Control Commission(OLCC)or Oregon Health Authority(OHA)as applicable; (2) The operator and owner of the facility shall comply with the OLCC licensee prohibitions(OAR 845- 025-1300),security regulations(OAR 845-025-1400 through 845-025-1470),health and safety regulations (OAR 845-025-1600 through 845-025-1620),transportation and delivery(OAR 845-025-7700),waste management(OAR 845-025-7750),responsibility of licensee,responsibility for conduct of others(OAR 845-025-8500),and prohibited conduct(OAR 845-025-8520),and the following specific marijuana facility requirements applicable to the type of facility: (a) Producers:OAR 845-025-2000 through 845-025-2080. (b) Retailers:OAR 845-025-2800 through 845-025-2880. (c) Processors:OAR 845-025-3200 through 845-025-3230,845-025-3250 through 845-025-3290. (d) Testing laboratories:OAR 845-025-5060 through 845-025-5075; (3) Production,processing,and wholesale are limited to the Industrial(I)zone,and laboratory/testing facilities are limited to the I and IP zones; (4) Marijuana retail is prohibited in the NC,CR&D,and OC zones,and shall not be located within: (a) One thousand five hundred ft.from a lot containing a public elementary or secondary school for which attendance is compulsory under ORS 339.020;or a lot containing a private elementary or secondary school teaching children as described in ORS 339.030(1)(a); (b) One thousand five hundred ft.from a lot containing a public recreation facility(athletic field, court,gym,swim pool,Oswego Lake swim park,etc.),public playground,public library or public community center;or (c) Five hundred ft.from a lot containing a day care facility or preschool licensed by the Oregon Department of Education,Early Learning Division,Office of Child Care; (5) A marijuana retail use shall not be located within 1,000 ft.from another marijuana retail use; (6) For purposes of compliance with the siting standards of subsection 2.b.iv(4)of this section,distance shall be measured from the lot line of the affected property(e.g.,a school)to the closest lot line of the lot occupied by the marijuana retail use; (7) Marijuana facilities shall be fully enclosed in a building and not have a walk-up window or drive- thru window service; (8) Marijuana retail facilities shall receive marijuana only through a limited access area that is physically separated from any area where the general public is permitted; (9) Marijuana retail facilities shall contain a designated area where customers and other visitors enter and are checked in,which shall be separated from any space where marijuana is displayed or sold by a secondary wall and door; (10) A development permit for a marijuana production facility shall not be granted where water, wastewater,or transportation facilities are not adequate,and cannot be made adequate through mitigation, to serve the facility; (11) Light emitted by grow lights used in production facilities shall not be visible outside the facility; (12) Marijuana facilities shall be equipped with an air filtration system designed by a mechanical engineer licensed in the state of Oregon that meets the following standards: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 65/669 LOC 50.02:BASE ZONING DISTRICTS (a) Air leaving the building through an exhaust vent shall first pass through an activated carbon filtration system,consisting of one or more fans and activated carbon filters; (b) At a minimum,the fan(s)shall be sized for cubic feet per minute(CFM)equivalent to the volume of the building(length multiplied by width multiplied by height)divided by three.The filter(s)shall be rated for the applicable CFM; (c) The filtration system shall be maintained in working order and shall be in use at all times.The filters shall be changed a minimum of once every 365 days or as specified by the manufacturer; (d) Maintains negative air pressure inside the building; (e) The engineer shall stamp the design and certify that it complies with this subsection 2.b.iv(12); Exception:An alternative odor control system is permitted if the applicant submits a stamped design and report by a mechanical engineer licensed in the state of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required; (13) All doors and windows to the marijuana facility shall remain closed,except doors may be open for the minimum length of time needed for ingress to and egress from the facility; (14) Security cameras shall be directed to record only the subject property,except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA as applicable; (15) Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant,as applicable,and disposed of in compliance with state requirements and City regulations; (16) A marijuana retailer may only sell to consumers between the hours of 10:00 a.m.and 9:00 p.m.and may only permit consumers to be present in the building space occupied by the marijuana retailer between the hours of 10:00 a.m.and 9:00 p.m.; (17) Marijuana retailers and wholesalers shall maintain a safe drop-box for storage of cash receipts.For purposes of this subsection,a safe drop-box is a receptacle for cash that locks and is affixed to the building. c. Standards Applicable to Specific Locations i. Mountain Park Town Center Site A maximum of 40,000 sq.ft.of retail and service use building area is allowed on the 32-acre site for the uses. The building height limitation is 45 ft.and lot coverage is 50%.There are no floor area ratio(FAR) requirements.The uses allowed are those allowed in the NC zone plus the following:adjustments and collection agencies;advertising agencies(including commercial artists);credit agencies;duplicating, addressing,blueprinting,photocopying,mailing and stenographic services;employment agencies;office equipment rental and repair,equipment service and repair places(appliance,small engine);services to building (cleaning,exterminating);financial and banking(no more than 3,500 sq.ft.);regional offices,corporate headquarters;offices of all types of service and membership organizations.A maximum of 492 dwelling units are permitted at a density equal to that allowed in the R-0 zone.A maximum of 3.55 acres on the site will be allowed for church parking facilities.The requirements of the R-0 zone apply to the residential use. ii. Monroe/Boones Ferry Site A maximum of 131,535 sq.ft.of retail,service uses and office uses is allowed on the 13-acre site.Retail uses shall not exceed 60,000 sq.ft.The uses allowed are those allowed in the NC zone,plus the retail,service and office uses listed in subsection 2.c.i of this section,and a totally enclosed veterinarian facility.Building height limitation is 45 ft.,lot coverage is 50%.There are no floor area ratio(FAR)requirements. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 66/669 LOC 50.02:BASE ZONING DISTRICTS I-5/Kruse Way Highway Commercial Site A maximum of 20 acres of the 35-acre site may be developed.A minimum of 15 acres of the site,including stream corridors and associated wetlands,shall be retained as open space.As a part of the development process, floor area maximums shall be placed upon the development.The site shall be developed by methods that ensure that the traffic generated by the 35-acre site will not exceed the capacity of the intersection of the site with Kruse Way.The City Manager may require traffic management plans in conjunction with any development request for this site in order to preserve the capacity of Kruse Way. The maximum building height on the site is 75 ft.with the overall average building height on the 35-acre site not to exceed 60 ft.Buildings which exceed 60 ft.in height shall be located no closer than 120 ft.to the boundary of the site.The boundary of the site is defined as the centerline of Kruse Oaks Boulevard on the east, the Kruse Way right-of-way boundary on the south,the State of Oregon right-of-way boundary on the west and the centerline of Ball Creek on the north.The traffic management provisions of subsection 2.d of this section apply to this site. iv. Kruse Way/Carman Drive Site The site consists of properties located at 4403 Kruse Way and 4580 Carman Drive located northeast of the intersection of Kruse Way and Carman Drive(Tax Lots 4900 and 5500 of Tax Map 21E08BB). (1) An irrevocable,executed,recordable joint access easement for the benefit of the site consistent with the conceptual site plan in LU 17-0070,Exhibit E-011 shall be submitted with any development application for either property. (2) The combined uses of the site are limited to the p.m.peak hour trip generation of 98 trips,as stated in the traffic impact study submitted in LU 17-0070,Exhibit F-005. (3) A traffic impact study shall be submitted with any development application for the site,documenting existing p.m.peak hour traffic exiting the site and identifying traffic management measures consistent with LOC 50.02.002.2.d,to ensure the functioning of Kruse Way and the adjacent street intersections do not exceed Service Level"E"during the p.m.peak hour. (4) The maximum building height on the site is 45 feet. [Editor's Note:4580 Carman Dr.(NE corner of Kruse Way and Carman Dr.)—see use,GFA,height,and access limitations per Ord.2466.] [Cross-References:In EC zone,see also Downtown Redevelopment District Design,LOC 50.05.004;Height Limitation:see also LOC 50.06.001.5.b.] v. Marylhurst Campus Subarea I The uses in Subarea I(as shown on the Marylhurst Campus Map in LOC 50.11.006:Appendix F)are limited to those that collectively generate 327 or fewer trips during the a.m.weekday peak hour and 351 or fewer trips during the weekday p.m.peak hour per the traffic memo submitted in LU 20-0016,Exhibit F-002. d. Traffic Management Requirements for Specific Locations The following traffic management requirements apply to all uses in the CR&D,MC,OC,GC and HC zones located in the Kruse Way Corridor(the area north of Bonita Road,south of Melrose-Carman,west of Boones Ferry Road and east of I-5,including the S.W.Quadrant of the Kruse Way/Boones Ferry intersection and the property located between Kruse Way and Galewood Drive). i. It is the purpose of these transportation management provisions to require that traffic generation limitations will be placed on all development in order to assure the functioning of Kruse Way and the adjacent street system within Service Level"E"at p.m.peaks. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 67/669 LOC 50.02:BASE ZONING DISTRICTS ii. A Traffic Management Program(TMP)shall be submitted with each initial or revised development application.The program may include,but is not limited to,the following TM mechanisms:physical site controls on existing traffic,p.m.peak hour exiting traffic limitations,traffic monitoring,restrictions on the number of parking spaces,flextime,staggered working hours,transit ridership programs,car and van pools, and similar ride share programs. iii. At the time of review of any phase of a development,the developer will provide information from a registered traffic engineer on the then current p.m.peak service level status and volume to capacity ratio of the intersections affected by the development,and also provide information on the p.m.peak traffic that will be generated by the proposed phase of the development and the total development constructed to date. iv. Owners and employers shall be encouraged to implement TMP's at time of approval.However,when the traffic at an affected intersection consistently exceeds"C"level of service,the TMP must be implemented. v. A Traffic Management Plan Task Force will be formed,including a representative of each major complex within the Kruse Way Corridor,employers of more than 50 employees,major landowners,representatives of the City,Tri-Met and any other person identified by the City.The task force will have authority to review TMP's of members and recommend TM when appropriate. vi. Notwithstanding the traffic management achievements reached by implementation of the provisions of subsections 2.d.i through 2.d.v of this section,as development increases along the Corridor and the traffic flow on the street system,the City may assert its authority to regulate the use of land to assure all affected property owners,as well as through traffic,are allowed their appropriate share of the traffic capacity. vii. Necessary measures will be taken to assure a functioning traffic system at Service Level"E"or better and may include,but are not limited to: (1) Green time regulation to facilitate through traffic; (2) Access fees;or (3) Fines related to access volumes exceeding allocations. e. Effect of Multiple Zone Designations If a lot has been designated with both a commercial zone and a residential zone,e.g.,R-0/EC,the requirements of residential density and FAR relating to the designated residential zone shall apply for residential uses on the lot;the commercial zone requirements shall be applied for all other purposes. (Ord.2855,Amended,12/15/2020;Ord.2829,Amended,11/19/2019;Ord.2723,Amended,10/18/2016;Ord.2713, Amended,09/20/2016;Ord.2612-A,Amended,05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 50.02.003 SPECIAL PURPOSE DISTRICTS 1. CAMPUS INSTITUTIONAL ZONE a. Purpose The purpose of the CI zone is to provide zoning regulations for the Marylhurst Campus in order to provide land where permitted or conditional uses can be provided for in a unified campus setting. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 68/669 LOC 50.02:BASE ZONING DISTRICTS Figure 50.02.003-A:MARYLHURST CAMPUS • • • ' OS F�1S Marylhurst Campus I.....d IAaMhusi Dour& *• 1.4111cr.o • b. Site Development Limitations i. Required yards are those needed to maintain the appearance and character of the Marylhurst Campus. Exception:No yard setback is required for residential development,except that residential buildings shall be set back from the common line of abutting residentially zoned lots a distance equal to the height of the proposed residential building. ii. There is no minimum lot area or dimensions. iii. Maximum height of a structure is 45 ft. c. Special Requirements The approved plan for the Marylhurst Campus Institutional Area is contained in LOC 50.11.006:Appendix F.The land use designations and conditions of that portion of the plan are by this reference made a part of this Code and are conditions and limitations of the zone. Exception:Multifamily residential development shall be exempt from the requirements of LOC 50.11.006: Appendix F. (Ord.2855,Amended,12/15/2020;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 69/669 LOC 50.02:BASE ZONING DISTRICTS 2. PUBLIC FUNCTIONS ZONE a. Purpose The Public Functions(PF)zone is intended to specify appropriate land uses and development standards for public uses,such as government services,education,and similar activities. b. Site Development Limitations i. Setbacks The following setbacks shall be required for the construction of any structure in this zone: (1) The setback of any respective yard(front,side,street side,or rear)shall be equal to the minimum required yard for the property adjacent to the respective yard's lot line,except as provided below. (2) In cases where the PF-zoned property is adjacent to properties with two or more different yard requirements,the required setback for the yard adjacent to the properties with the two or more different yard requirements shall be equal to the average of the minimum yards required for the two or more adjacent properties. (3) Additional setback requirements for any yard may be established through the conditional use permit process for any development that is subject to conditional use approval,pursuant to LOC 50.07.005, Conditional Use Permits. ii. Height of Structure Except as otherwise permitted by LOC 50.04.003.4,General Exception to Structure Height Limitations,the maximum height of any portion of a structure shall be the greater of: (1) 35 ft.,or (2) A height as determined by the ratio of one ft.in height for every three and one-half ft.of distance from the portion of the structure to the lot line of the nearest residentially zoned property,to a maximum height of 75 ft. iii. Lot Coverage The maximum lot coverage shall not exceed 50%,except: (1) Lot coverage shall not exceed 35%if the lot abuts residentially zoned properties on two or more sides; (2) Lot coverage shall not exceed 30%for a school,including a mixed use development with a school as a component. (Ord.2579,Repealed and Replaced,03/20/2012) 3. PARK AND NATURAL AREA ZONE a. Purpose The purposes of the Park and Natural Area(PNA)zone are to: i. Protect,preserve,conserve and enhance natural areas,greenways and parks; ii. Permit a wide range of passive and active recreational uses,and accessory uses,on property for the future use and enjoyment of the City and its residents; iii. Implement Statewide Planning Goal 8,Recreational Needs;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 70/669 LOC 50.02:BASE ZONING DISTRICTS iv. Establish a master plan process for park planning and development. b. Master Plans A master plan,including master plan modifications,may be used by the park/natural area provider to plan for uses on PNA-zoned land,to provide for a coordinated plan that considers community needs,infrastructure and land use. PNA master plans are created pursuant to LOC 50.07.004.6,Parks and Natural Areas Master Plan.A master plan is a plan that is: i. Established by a park/natural area provider and the hearing body authorized to adopt the master plan,at the time of adoption or thereafter,found that it met the following requirements described in this section: (1) The minimum master plan element requirements; (2) The procedural requirements; (3) The master plan criteria requirements;and (4) If a modification of a master plan,the master plan modification requirements. ii. Established by a park/natural area provider and the City Manager found that it was a minor modification of a master plan and complied with the requirements of LOC 50.07.004.6.e,Master Plan Modification,or iii. One of the following master plans adopted before December 12,2006: (1) Canal Area Master Plan; (2) Luscher Farm Master Plan; (3) George Rogers Park Master Plan;and (4) Lake Oswego Trails and Pathways Master Plan. c. Site Development Limitations i. Setbacks The following setbacks shall apply: (1) Except as provided below,the setback of any respective yard(front,side,street side,or rear)shall be equal to the minimum required yard for the property adjacent to the respective yard's lot line. (2) In cases where PNA-zoned property is adjacent to properties with two or more different yard requirements,the required setback for the yard adjacent to the properties with the two or more different yard requirements shall be equal to the average of the minimum yards required for the two or more abutting properties. (3) Setback requirements for any yard may be modified by the master plan. ii. Lot Coverage The maximum lot coverage shall not exceed 35%or as established by the master plan. iii. Height of Structure Except as otherwise permitted by LOC 50.04.003.4,General Exception to Structure Height Limitations,the maximum height of any portion of a structure shall be the greater of: (1) 35 ft.,or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 71/669 LOC 50.02:BASE ZONING DISTRICTS (2) A height as determined by the ratio of one ft.in height for every three and one-half ft.of distance from the portion of the structure to the lot line of the nearest residentially zoned property,to a maximum height of 75 ft.[Height=Setback from Residential Zone/3.5]. (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 72/669 50.03 USE REGULATIONS AND CONDITIONS 50.03 USE REGULATIONS AND CONDITIONS Revised 4/23 50.03.001 INTRODUCTION TO THE USE TABLE 50.03.002 USE TABLE Revised 4/23 50.03.003 USE-SPECIFIC STANDARDS Revised 4/23 50.03.004 ACCESSORY STRUCTURES AND USES Revised 4/23 50.03.005 TEMPORARY STRUCTURES AND USES 50.03.001 INTRODUCTION TO THE USE TABLE 1. INTRODUCTION TO THE USE TABLE Tables 50.03.002-1,Residential Districts Use Table,and 50.03.002-2,Commercial,Mixed Use,Industrial,and Special Purpose Districts Use Table,list land uses and indicate whether they are allowed by right or with a conditional use permit,or prohibited in each base zone district.The use table also includes references to any additional regulations applicable to that use. (Ord.2579,Repealed and Replaced,03/20/2012) 50.03.002 USE TABLE Revised 4/23 1. HOW TO USE a. Permitted Uses A"P"in a cell of a use table indicates that the land use is allowed by right in that base or overlay zone,subject to compliance with the use-specific standards referenced in the final column of the use table.Permitted uses are subject to all other applicable requirements of this Code,including those set forth in LOC 50.06,Development Standards. Uses accessory to a permitted use are allowed regardless of whether they are listed separately in the use table. b. Conditional Uses A"C"in a cell of a use table indicates that the land use is allowed in that base or overlay zone only upon approval of a conditional use permit as described in LOC 50.07.005,Conditional Use Permits,including the specific conditions listed in LOC 50.07.005.3,and compliance with any use-specific standards referenced in the use table.Uses subject to a conditional use permit are subject to all other applicable requirements of this Code,including those set forth in LOC 50.06,Development Standards.Uses accessory to a conditional use are allowed regardless of whether they are listed separately in the use table. c. Accessory Uses An"A"in a cell of a use table indicates that the land use is expressly allowed in that base or overlay zone as an accessory use to a permitted use or an approved conditional use.In addition to those expressly listed,all uses that are secondary and subordinate to a permitted or approved conditional use,and are frequently found in connection with that permitted or approved conditional use,are allowed as accessory uses.A use is"accessory,"when the use is (i)generally accepted as accessory to a primary use based on state of the industry,(ii)the accessory use is secondary to the primary use,(iii)the impacts of the accessory use do not significantly alter the impacts of the primary use (e.g.,traffic volume),and(iv)the accessory use is not the same size or scale as would be found for a primary use elsewhere. d. Prohibited Uses A blank cell in a use table indicates that the land use is prohibited in that base or overlay zone district. e. Overlay Districts Provisions Govern When a property is located within the boundaries of an overlay district,the use table provisions for that overlay district prevail over those in the base zone district.For example,if a use is prohibited in the base zone district where The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 73/669 50.03 USE REGULATIONS AND CONDITIONS the property is located,but is a permitted use in an overlay district applicable to the same property,then the use is allowed on that property.On the other hand,if a use is listed as a permitted use in the base zone district but is listed as a conditional use in an overlay zone district applicable to the same property,then the use is a conditional use for that property.Where a property is located in more than one overlay district,then the most restrictive use provision in those overlay zone districts shall apply to the property. f. Use-Specific Standards and Table Notes There may be additional standards that apply to specific permitted or conditional uses.Those additional standards are either identified in a note at the end of the table or cross-referenced under the"use specific standards"column in the use table.The cross-referenced standards appear in LOC 50.03.003,Use-Specific Standards,immediately following the use table. g. Authorization for Similar Uses The City Manager may authorize that a use not specifically named in the permitted,conditional or prohibited uses of a district be included among the allowed uses,if the use 1)is similar to and of the same general type as the uses specifically allowed;2)is consistent with the Comprehensive Plan;and 3)has similar intensity,density,off-site impacts and impacts on community facilities as uses permitted in the zone.However,the City Manager may not authorize a use already specifically permitted in any other zoning district.A person disagreeing with the City Manager's decision may appeal that decision to the Planning Commission pursuant to LOC 50.07.003.7.b,Appeal of Minor Development Decision. (Ord.2723,Amended,10/18/2016;Ord.2579,Repealed and Replaced,03/20/2012) 2. RESIDENTIAL USE TABLE Revised 4/23 TABLE 50.03.002-1:RESIDENTIAL 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 Residential Use Category Use Type Use-Specific R-15 R-10 R-7.5 R-6 R-5 R-DD R-W R-3 R-2 R-0 Standards [31 [3]141 RESIDENTIAL USES Dwelling,single- PP P P P P P[1] P P P family detached dwelling(one per lot) Dwelling,duplex P P P P P PPP P P (one per lot) Townhouse project P P P P P PPP P P 50.03.003.1.e Cottage cluster(one P P P P P PPP P P 50.03.003.1.d Household per lot) Living Dwelling,multi- P P P P family Dwelling,quadplex P P P P P PPP P P Dwelling,triplex P P P P P PPP P P Manufactured home P P P P P P P P P P 50.03.003.1.6 (one per lot) Manufactured home P P I' 50.03.003.1.c park or subdivision The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 74/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-1:RESIDENTIAL 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 Residential Use Category Use Type Use-Specific R-15 R-10 R-7.5 R-6 R-5 R-DD R-W R--� R-2 [R-f4l Standards Congregate housing C C C P P P P 50.03.003.4.aand b; R-2 zone: 50.03.003.3 Group care home P P P P P P P P P Group and Institutional Residential care C C C P P P P 50.03.003.4.aand Housing housing b; R-2 zone: 50.03.003.3 Skilled nursing C C C C C 50.03.003.4.c; facility R-2 zone: 50.03.003.3 PUBLIC,INSTITUTIONAL, 50.03.003.5 AND CIVIC USES Day Care Certified or P P P P P P P P P P registered family child care home Day care center C C C C C C C C C 50.03.003.5 Institutional Institutional use C C C C C C C C C 50.03.003.5; Uses R-2 and R-6 zones: 50.03.003.3 Education Educational C C C C C C C C C 50.03.003.5 institutions,private Major C C C C C C C C C 50.03.003.5.c; R-2 and R-6 zones: 50.03.003.3 Minor P P P P P P P P P P 50.03.003.5.6 Public Facility/Utility Telecommunications C C C C C C C C C 50.03.003.5.g; facilities,new R-2 and R-6 zones: 50.03.003.3 Telecommunications P P P P P P P P P 50.03.003.5.g facility,collocated NONRESIDENTIAL USES Community garden P/C P/C P/C P/C P/C P/C 50.03.003.6.j;R- Agricultural 6 zone: 50.03.003.3 Office,business,or C C C C C C C C C 50.03.003.6.p; Office Uses professional R-2 and R-6 zones: 50.03.003.3 Recreation Golf course,hunt C C C C R-6 zone: and club,or similar open 50.03.003.3 Entertainment land private recreational uses The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 75/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-1:RESIDENTIAL 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 Residential Use Category Use Type Use-Specific R-15 R-10 R-7.5 R-6 R-5 R-DD R-W R--� R-2 [R-f4] Standards Social,recreational, P/C P/C P/C P/C 50.03.003.6.y; or cultural facilities, R-2 zone: nonprofit 50.03.003.3 ACCESSORY USES Community garden A A A A A A A A A A 50.03.003.6.j Home occupation A A A A A A A A A A 50.03.004.1.b.ii Short-term rental A A A A A A A A A A 50.03.004.1.b.ii lodging Accessory Large animals kept A A 50.03.004.1.b.iii Uses for owner's personal use Small animals kept A A A A A A A A A A for owner's personal use[2] Accessory dwelling A A A A A A A A A 50.03.004.1.b.vi unit [1]Erected on pilings over the water of Oswego Lake. [2]No commercial activity allowed. Notes: [3]If lot has multiple zones,e.g.,R-0/EC,see LOC 50.02.002.2.e. [4]Site-specific use limitations,see LOC 50.02.002.2.c. (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2815,Amended,07/16/2019;Ord.2784,Amended,07/03/2018;Ord. 2723,Amended,10/18/2016;Ord.2668,Amended,12/01/2015;Ord.2667,Amended,10/20/2015;Ord.2643,Amended,11/04/2014;Ord.2526, Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. COMMERCIAL,MIXED USE,INDUSTRIAL,AND SPECIAL PURPOSE DISTRICTS USE TABLERevised 4/23 0 TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TABLE P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose Use Category Use Type H O WLG[4] FM p Use-Specific C EC CR& M U IP C F PN Standards [8], GC [91 181 [8] D C OC RM [4], I PI I [3 A [9] U [7] RESIDENTIAL USES The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 76/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TAB P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose N p Use Category Use Type H 0 WLG[4] FM Use-SpecificStandards C GC C C EC CR& M R U I IP C F PN [S], [9] [Sl [S] D C OC RM 2. [4], [5] I [3 A [91 U 5 [7] 1 Residential use at P P PPP P P P[1] P P P WLG zones: R-5 density or [10 [11 [2] 50.03.003.1.a; greater ] ] NC,GC,EC Household and CI zones: Living 50.03.003.2 Dwelling,live- P P PPP P P work [10 1 Congregate C C C P P 50.03.003.4.a housing [10 1 Continuing care P retirement community Group and (CCRC) Institutional Housing Group care home P P Residential care C C C P P P 50.03.003.4.a housing [10 1 Skilled nursing P P facility PUBLIC,INSTITUTIONAL,AND 50.03.003.5 CIVIC USES Cemetery C Community garden P/ P/C 50.03.003.6.j Community and C [10 Cultural Facility 1 Institutional Use P PPP P P P [5] P 50.03.003.5.a [10 1 Day care centers P P PPP P P P P 50.03.003.5.f Day Care Certified or PPPPP P PP P P P PP registered family child care home Education Educational C P P P P P 50.03.003.5.f institutions,private Ambulance P P P P P services Health Care Hospitals P P Facilities []0 1 Medical and dental P P PPP P P P P P P P 50.03.003.6.n clinic or laboratory The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 77/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TAB P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose N p Use Category Use Type H 0 WLG[4] FM Use-SpecificStandards C GC C C EC CR& M R U I IP C F PN [S], 191 [Sl [S] D C OC RM 2. [4], [5] I [3 A 191 U 5 [7] Major C P PPP P P C C C P P PCC P/C 50.03.003.5.c, 50.03.003.5.d Minor PPPPP P PP P P P PPPPP 50.03.003.5.b, Public 50.03.003.5.d Facilities/Utilitie Telecommunicatio C C C C C 50.03.003.5.g ns facilities,new Telecommunicatio P P PPP P P P P P P P PPP P 50.03.003.5.g ns facilities, collocated COMMERCIAL USES [6] 50.03.003.6 Agriculture P P 50.03.003.6.b Agricultural Farm stand P P P 50.03.004.1.b. Equestrian facility C Kennel C C Animal and Pet day care C P/C P/ C P/ C C P/C P/ P/ 50.03.003.6.s Related Services C C C C [5] Veterinary clinic P/C P/ P/C P/ P/ 50.03.003.6.z C C C Bakery PPPPP P P P P P 50.03.003.6.g Bar P P P P P 50.03.003.6.h [10 1 Food markets< P P P P P P Food and 25,000 sq.ft.gross Beverage floor area Services Food markets P/C P P P P/C 50.03.003.6.1 25,000 sq.ft.gross floor area or more Restaurant P P/C PPP P P P P 50.03.003.6.0 [10 Lodging Hotels or motels P P P P P Facilities []0 Office,business or P P PPP P P P P P P P P 50.03.003.6.p Business or professional Professional Research and P P Services development laboratories The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 78/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TAB P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose N p Use Category Use Type H 0 WLG[4] FM Use-SpecificStandards C GC C C EC CR& M R U I IP C F PN [8], [91 [81 [8] D C OC RM 2. [4], [5] I [3 A 191 U 5 [7] 1 Commercial C P PPP P P P P P 50.03.003.5.f education Crematorium P P Mortuary P/C P/ 50.03.003.6.o Commercial [10 C Services Personal services P P PPP P P P P [5] P WLG OC and CI zones: 50.03.003.6.r Repair,rental,and P P PPP P P P P P 50.03.003.6.t service Arcade gaming P/ P P P 50.03.003.6.c C Recreation and Commercial P PPP P P P P C Entertainment recreational facility [10 [5] <5,000 sq.ft.gross floor area Commercial P C P C C C P C recreational facility [10 >5,000 sq.ft.and ] <20,000 sq.ft. gross floor area Commercial P C recreational facility [10 >20,000 sq.ft. gross floor area Fitness and P P PPP P P P P exercise facilities, Recreation and <5,000 sq.ft.gross Entertainment floor area (continued) Fitness and C P CCC 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, >20,000 sq.ft. gross floor area Theaters,indoor P P P P P [10 1 Retail Sales Retail<10,000 sq. P P PPP P P P P C 50.03.003.6.v ft.gross floor area [5] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 79/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TAB P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose N WLG[4] FM p Use-Specific Use Category Use Type H 0 GC C C EC CR& M R U I IP C F PN Standards [8], 191 [Sl [S] D C OC RM 2. [4], [5] I [3 A [91 U 5 [7] 1 Retail>10,000 and P P P P P P C 50.03.003.6.w <20,000 sq.ft. [5] gross floor area Retail>20,000 sq. P/C P P P [5] 50.03.003.6.x ft.gross floor area Auto and light P PPP P P P 50.03.003.6.d vehicle rental [10 Auto and light P P P P 50.03.003.6.e vehicle sales [10 Auto service C P/C P P P P 50.03.003.6.f station and light [10 vehicle repair ] Boat sales and boat P P repair Vehicle and Car wash C P C P 50.03.003.6.i Equipment Sales [t0 and Services ] Heavy vehicle P 50.03.003.6.m repair Parking facilities, C P P P P P 50.03.003.6.q off-street [10 1 Towing service and P tow yard Truck and trailer P P rental and sales of accessories INDUSTRIAL/MANUFACTURIN 50.03.003.7 G USES Dry cleaning or P P 50.03.003.7.b laundry plant General storage P P Industrial Lumber yards P Service and Storage Nursery stock P production and wholesale Wholesale P P distribution Manufacturing Light C C P C P P 50.03.003.7.a manufacturing The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 80/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TAB P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose N p Use Category Use Type H 0 WLG[4] FM Use-SpecificStandards C GC C C EC CR& M R U I IP C F PN [8], [91 181 [8] D C OC RM 2. [4] [5] I [3 A [91 U 5 [7] Heavy P 50.03.003.7.a manufacturing Storage Self-storage facility P Railroad facilities P Transportation Transportation P C depot General ACCESSORY USES standards: 50.03.004.1.a Community garden A A A A A A A A A 50.03.003.6.j Dwelling,caretaker A A or watchperson Farm stand A A A A A A 50.03.004.1.b. Food services A Accessory Uses concessions Minor park A improvements Retail A A A A A A A A A A A 50.03.004.1.b. Restaurant A 50.03.004.1.6. iv TEMPORARY USES Temporary private C Temporary Uses uses of public properties [1]At a net site density of 2,500 sq.ft./lot area per unit area allowed in conjunction with office uses in the same building. [2]Attached townhomes only. [3]Wholly conducted within an enclosed structure. [4]No drive-through businesses are allowed in the West Lake Grove Design District or FMU zone. [5]In the portion of the IP zone depicted on Figure 50.03.003-B,additional permitted uses are: institutional use,personal services,commercial recreational facility<5,000 sq.ft.gross floor area,and retail<35,000 sq.ft.gross floor area subject to use-specific limitations in LOC 50.03.003.6.Additional conditional uses are:pet day care partially conducted outside during daytime hours. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 81/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.002-2:COMMERCIAL,MIXED USE,INDUSTRIAL AND SPECIAL PURPOSE DISTRICTS USE TAB P=Permitted Use I Blank=Not Permitted I C=Conditional Use I A=Accessory Use [x]Table notes located at the end of the table Commercial,Mixed Use,Industrial Special Purpose N WLG[4] FM p Use-Specific Use Category Use Type H 0 GC C C EC CR& M R U I IP C F PN Standards [8], [91 [81 [8] D C OC RM 2. [4], [5] I [3 A [91 U 5 [7] 1 [6]Outright permitted use if the gross floor area and exterior display area are 5,000 sq.ft.or less; conditional use if the gross floor area and exterior display are more than 5,000 sq.ft. [7]FMU uses allowed only if the primary building on site was constructed after January 17, 2013. [8]If lot has multiple zones,e.g.,R-0/EC,see LOC 50.02.002.2.e. [9]Site-specific use limitations,see LOC 50.02.002.2.c. [10]In the GC-zoned area in the vicinity of Jean Way and Boones Ferry Road,as depicted on Figure 50.03.003-C,the following uses are not permitted:residential,congregate housing, community institution,residential care housing,community garden,hospitals,mortuaries,bars, drive-through restaurants,hotels,commercial recreational facilities,theaters,auto and light vehicle rental and sales,auto service station,car wash,and parking facilities(primary use). Editor's note:Italicized text is added for reader's convenience.It will be proposed for adoption in a future code update. [11]Limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive,as depicted on Figure 50.03.003-A.1. (Ord.2909,Amended,02/07/2023;Ord.2872,Amended,10/05/2021;Ord.2855,Amended,12/15/2020;Ord.2853,Amended,11/03/2020;Ord. 2783,Amended,06/19/2018;Ord.2736,Amended,03/07/2017;Ord.2723,Amended,10/18/2016;Ord.2707,Amended,05/17/2016;Ord.2668, Amended,12/01/2015;Ord.2643,Amended,11/04/2014;Ord.2639,Amended,06/03/2014;Ord.2612-B,Amended,08/13/2013;Ord.2612-A, Amended,05/21/2013;Ord.2611,Amended,04/16/2013;Ord.2599,Amended,12/18/2012;Ord.2526,Amended,12/18/2012;Ord.2583, Amended,06/19/2012;Ord.2579,Repealed and Replaced,03/20/2012) 50.03.003 USE-SPECIFIC STANDARDS Revised 4/23 1. RESIDENTIAL—PERMITTED USES ,,` t� a. Attached,Residential Townhome Uses in West Lake Grove i. Subject to the following conditions,in addition to the other provisions of this Code: (1) The minimum net density area for attached townhome housing is 2,500 sq.ft./lot area per unit. (2) The minimum required lot width shall be 17 ft.The maximum lot coverage shall be 60%,excluding parking. (3) Each unit of attached townhome housing shall be constructed on a separate lot. ii. Within the WLG AMU zone: (1) Attached townhomes are allowed solely or in conjunction with office uses in the same building. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 82/669 50.03 USE REGULATIONS AND CONDITIONS (2) When a combination of office-commercial and attached townhome residential uses are proposed together on the same site and in separate buildings,the commercial structure(s)shall front on Boones Ferry Road.Residential buildings shall occupy the rear portion of the parcel which is most proximate to the surrounding residential zoning districts. Hi. Within the WLG R-2.5 zone: (1) The use is"Attached for-sale residential townhomes." (2) When subdivisions are proposed in the WLG R-2.5 zone,a minimum density of 80%of the maximum allowed by the zone is required.For purposes of this subsection,the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone,and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003.10,Exceptions to the Minimum Density Requirement for All Zones. b. Manufactured Homes i. General Provisions (1) Manufactured Homes Permitted on Individual Lots and Parcels Manufactured homes are permitted on individual lots or parcels in all residential zones as permitted in Table 50.03.002-1:Residential Districts Use Table,in accordance with the placement standards below and all other provisions of this Code which apply to conventionally built dwellings. (2) Deed Covenants or Restrictions Nothing in these provisions shall be interpreted as superseding deed covenants or restrictions. (3) Manufactured Housing Construction and Safety Standards(HUD Code) Title VI of the 1974 Housing and Community Development Act(42 USC 5401 et seq.)as amended and rules and regulations adopted thereunder;and including information supplied by the manufacturer which has been stamped and approved pursuant to HUD Rules by a"Design Approval Primary Inspection Authority";and regulations and interpretations of the Act by the Oregon Department of Commerce;all of which became effective for mobile/manufactured home construction on June 15,1976,shall be utilized as the minimum construction standard of the City of Lake Oswego to which all manufactured home placements shall comply except as provided otherwise by this section. (4) State Standards Where standards for manufactured home construction and placement are established by state law or Department of Commerce Administrative Rules,such requirements shall apply in addition to those of this section. (5) Terms and Definitions For purposes of this section only,the definitions of terms used herein and not defined in this Code shall be as defined in ORS Chapter 446 or OAR Chapter 918,Div.500 as amended. ii. Manufactured Home Placement Standards(Individual Lots) (1) The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 sq.ft. (2) Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code and be: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 83/669 50.03 USE REGULATIONS AND CONDITIONS (a) A new or not previously occupied unit;or (b) Be found upon inspection to be in excellent condition and free of structural,electrical, mechanical,and plumbing defects,any of which must be corrected prior to placement. (3) Transportation mechanisms including wheels,axles and hitch must be removed.The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the finished floor elevation of the manufactured home is located not more than 12 in.above grade.The perimeter enclosure shall be a nonreflective material and give the outward appearance of a concrete,stone or masonry foundation.This material shall be of weather resistant,noncombustible or self extinguishing materials.The materials below grade and for a distance of six in.above finish grade shall be resistant to decay or oxidation. All load bearing foundations,supports,and enclosures shall be installed in conformance with the Oregon Department of Commerce regulations(OAR,Chapter 814,Division 23)and with the manufacturer's installation specifications. (4) Have utilities connected in accordance with City of Lake Oswego and Oregon Department of Commerce requirements and manufacturer's specifications. (5) The manufactured home shall have a pitched roof at a minimum of three ft.in height for each 12 ft. in width.Eaves must extend at least one ft.from the intersection of the roof and the exterior walls. (6) The manufactured home shall have exterior siding and roofing which is similar to the exterior siding and roofing material commonly used in the community or which is comparable to the predominant materials used on surrounding dwellings(greater than 50%)within 300 ft.of the subject property. (7) The manufactured home shall have either an attached or detached garage constructed at the same time the manufactured home is placed on the site or prior to occupancy.The garage shall be constructed of like materials as the manufactured home.An attached carport shall be allowed if more than 50%of homes within 300 ft.of the subject do not have garages. Garages and carports shall be constructed to the Oregon State Structural Specialty Code. (8) If new or previously unoccupied,the manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce heat loss levels equivalent to the performance of single-family dwellings constructed under the State Building Code as defined by ORS 455.010. iii. Placement Permit (1) Requirements Prior to the location,relocation,or establishment of any manufactured home,the homeowner or authorized representative shall secure from the Building Official a placement permit which states that the building and its location conform with these and other relevant standards of this Code.Each application for a placement permit shall be accompanied by: (a) A plot plan as required for all dwelling units and elevations or photographs of all sides of the home;drawings showing exterior dimensions;information illustrating the type of roofing and siding materials,foundation support system;and foundation enclosure method and materials. (b) A copy of the manufacturer's approved instructions to be used for installation purposes. (c) An agreement signed by the homeowner or authorized representative pledging compliance with the terms set by the Building Official in the placement permit and other information as may be required for enforcement of these standards. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 84/669 50.03 USE REGULATIONS AND CONDITIONS (2) Issuance of Permit Following receipt of the required information,the placement permit shall be issued by the Building Official within ten days if all requirements have been met. (3) Denial and Revocation of Placement Permit The Building Official shall deny a placement permit which does not provide the proper information or which proposes to site a manufactured home not in conformance with the requirements of this Code. The Building Official shall revoke a placement permit when such permit was issued on the basis of incorrect or misleading information.In this case the applicant shall cease work on the placement and/or occupancy of the unit and reapply for a placement permit and pay the required fees within five days of written notification of revocation by the Building Official.If the Building Official determines that it is not possible for placement of the manufactured home or the unit itself to meet the requirements of this Code, then it shall be removed from the site within 15 working days of written notice. iv. Occupancy Certificate Occupancy Requirement:Prior to the occupancy of any manufactured home,the homeowner or authorized representative shall request from the Building Official a Certificate of Completion stating that all requirements of this Code have been complied with.The Building Official shall inspect the property and if all requirements have been complied with,an occupancy certificate shall be issued. If the applicant has not met the required conditions and standards,the Building Official may issue a temporary occupancy certificate along with a written statement of requirements to be met.The temporary occupancy permit shall not exceed 30 days. The Building Official may also elect not to issue the certificate of occupancy if there is a substantial degree of noncompliance with the standards of this Code.The manufactured home shall not be occupied until these standards have been complied with. c. Manufactured Home Park or Subdivision i. Must be located in the R-0,R-3 or R-5 zones. ii. Maximum project size of ten acres;one-half acre minimum project size. iii. Must be located on arterial or collector street. iv. Public services must have the capacity to serve the proposed development. v. Must be separated from other manufactured home parks or subdivisions by either: (1) A distance of one mile;or (2) By a permanent topographic or vegetative buffer such as a hill or wooded area which completely screens one manufactured home park from another or from existing residential development.If newly planted,the screening must be of a size to form an effective screen in five years. d. Cottage Clusters In addition to the standards above,the following design standards shall be applied to cottage cluster developments: i. Individual cottage cluster dwellings must have a footprint of no more than 900 sq.ft.each. ii. Common Courtyard Design Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 85/669 50.03 USE REGULATIONS AND CONDITIONS Figure 50.03.003-D:Cottage Cluster Orientation and Common Courtyard Standards Alley I I Cottage X7 \7( X I I I I O Porch 0 Pedestrian Path I I 6471) Courtyar Commodn I I y , 15'MIN �' /N._ L `-- - Proprty l,in"------------------------- Sideo !k Street Parking Public Street The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 86/669 50.03 USE RREGULATIONS AND CONDITIONS 4 A 1 A minimum of 50%of cottages must be oriented to the common courtyard. 0 Cottages onented to the common courtyard must be within 10 feet of the courtyard. 0 Cottages must be connected to the common courtyard by a pedestrian path. 1 LJ I Cottages must abut the courtyard on at least two sides of the courtyard. [ 1 The common courtyard must be at least 15 feet wide at it narrowest width. (1) Each cottage cluster shall include no more than one common courtyard per lot that meets the following standards: (a) The common courtyard must be a single,contiguous piece on one lot; (b) Cottages must abut the common courtyard on at least two sides of the common courtyard; (c) The common courtyard must contain a minimum of 150 sq.ft.per cottage within the associated cluster; (d) The common courtyard must be a minimum of 15 ft.wide at its narrowest dimension; (e) The common courtyard shall be developed with a mix of landscaping,lawn area,pedestrian paths,or paved area,and may also include recreational amenities.Impervious elements shall not exceed 75%of the total common courtyard area; (t) Pedestrian paths must be included in a common courtyard; (g) Paths that abut a courtyard shall count toward the courtyard's minimum dimension and area. Parking areas,required setbacks,and driveways do not qualify as part of a common courtyard. (2) A common courtyard may function as a community yard.Hard and soft landscape features may be included in a common courtyard,such as pedestrian paths,lawn,ground cover,trees,shrubs,patios, benches,or gazebos. iii. Cottage Orientation (1) Each cottage within a cluster must either abut a common courtyard or must be connected to it by a pedestrian path. (2) A minimum of 50%of cottages within a cluster must be oriented to the common courtyard by: (a) Having a primary entrance into the living area of the cottage facing the common courtyard; (b) Being within ten ft.from the common courtyard,measured from the wall or front porch of the cottage to the nearest edge of the common courtyard;and (c) Being connected to the common courtyard by a pedestrian path. (3) Cottages within 20 ft.of a property line abutting a public street must have a primary entrance into the living area of the cottage facing the street,unless required otherwise by subsection I.d.iii(2)of this section. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 87/669 50.03 USE REGULATIONS AND CONDITIONS (4) Cottages not facing the common courtyard or the street must have their primary entrance into the living area of the cottage facing a pedestrian path that is connected to the common courtyard. See Figure 50.03.003-D:Cottage Cluster Orientation and Common Courtyard Standards. iv. Community Buildings (1) Cottage cluster developments may include community buildings for the shared use of residents that provide space for accessory amenities such as community meeting rooms,guest housing,exercise rooms, day care,or community eating areas.Community buildings must meet the following standards: (a) Each cottage cluster is permitted one community building,which shall count towards the maximum average floor area,pursuant to LOC 50.04.001.1.d.iv,2.d.iv,and 3.c.iii;and (b) A community building that meets this Code's definition of a dwelling unit must meet the maximum 900 sq.ft.footprint limitation that applies to cottages,unless a covenant is recorded against the property stating that the structure is not a dwelling unit and will not be used as a primary dwelling. v. Pedestrian Access (1) A pedestrian circulation plan is required that provides accessible paths connecting the main entrance of each cottage to the following: (a) The common courtyard; (b) Shared parking area(s); (c) Community building(s);and (d) Sidewalks or public pathways in public rights-of-way abutting the site or rights-of-way if there are no sidewalks. (2) The pedestrian path must be hard-surfaced and a minimum of four ft.wide. vi. Parking Design The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 88/669 50.03 USE REGULATIONS AND CONDITIONS Figure 50.03.003-E:Cottage Cluster Parking Design Standards May CAttagr rX CA 41�i_andscap� Buller >_< _aetlestnen �p6rch G !/ Path arport Common0 —r j 'S courtyaw I�[G, r onveway B <I7 ff ! i20'20- t MIN Y SCreeiunn; \\,—Garage L Line Sldewatk Street Parking— / Public Street O Parking allowed in Ousters of up to 5 spaces"Clusters separated by minimum 4 feel of landscaping" Q No parking or vehicle area walla 20 feel from street property line(except alley). O No parking within 10 feet from other properly lines(except alley).Driveways and drive aisles permitted within 10 feet. {f 7}Screening required between clustered parking areas or parking structures antl public slreels or common courlyartls. t C 1)Garages aridcourtyards. carports must riot abut common crtyards.Garage doors for individual garages must not exceed 20 feet in width" �f (1) Clustered Parking Off-street parking shall be arranged in clusters,subject to the following standards: (a) Cottage cluster developments with fewer than 16 cottages are permitted parking clusters of not more than five abutting spaces. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 89/669 50.03 USE REGULATIONS AND CONDITIONS (b) Cottage cluster developments with 16 cottages or more are permitted parking clusters of not more than eight abutting spaces. (c) Parking clusters must be separated from other parking spaces by at least four ft.of landscaping. (d) Clustered parking areas may be covered. (2) Parking Location and Access (a) Off-street parking spaces and vehicle maneuvering areas shall not be located within 20 ft.of any front or side street lot line,except for lot lines abutting alleys. (b) Off-street parking spaces and vehicle turnaround areas shall not be located between a front or side street lot line and the front facade of cottages located closest to the front or side street lot line. (c) Off-street parking spaces shall not be located within ten ft.of any other lot line,except for lot lines abutting alleys.Driveways and drive aisles are permitted within ten ft.of other property lines. (3) Screening Landscaping screening that consists of a minimum of 50%evergreen shrubs or trees that can obtain a minimum height of three ft.within two years of planting,fencing,or walls at least three ft.tall shall separate clustered parking areas and detached garages from common courtyards and public streets. (4) Garages (a) Garages(whether shared or individual)shall not abut common courtyards. (b) Individual detached garages must not exceed 400 sq.ft.in floor area. (c) Garage doors for attached and detached individual garages must not exceed 20 ft.in width. (d) Garages with opening(s)that face the street must comply with LOC 50.06.001.4,Garage Appearance and Location. vii. Accessory Structures Accessory structures shall not exceed 400 sq.ft.in gross floor area. viii. Existing Structures On a lot or parcel to be used for a cottage cluster development,an existing detached single-family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster development area under the following standards: (1) The existing dwelling maybe nonconforming with respect to the requirements of this subsection 1.d. (2) An existing dwelling that is less than the maximum height of the underlying zone or the maximum building footprint of 900 sq.ft.may be expanded up to the maximum height or footprint. (3) The floor area of the existing dwelling shall not count towards the maximum average floor area of a cottage cluster. (4) The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard,per subsection 1.d.ii(1)of this section. ix. Shared Facilities The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 90/669 50.03 USE REGULATIONS AND CONDITIONS All shared garbage and storage facilities and mechanical equipment shall be screened from view so that garbage containers and equipment are not visible from the street. e. Townhouse Projects In addition to the standards in subsections l.a through 1.c of this section,no more than four units shall be allowed in an attached townhouse structure. (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2732,Amended,02/21/2017;Ord.2723, Amended,10/18/2016;Ord.2668,Amended,12/01/2015;Ord.2643,Amended,11/04/2014;Ord.2612-A, Amended,05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. RESIDENTIAL USES IN COMMERCIAL AND SPECIAL PURPOSE ZONES a. GC and NC Except as specifically allowed in LOC 50.02.002.2,Specific Standards for Commercial,Mixed Use,and Industrial Zones,a residential use may occupy the ground floor in the GC or NC zones only if a commercial use is located along the street frontage and the residential use is located behind the commercial use with the following exceptions: (i) A residential use may occupy the ground floor in the GC zone at street frontage designated Park Lane, Crossroads Gateway or Campus Woods within the Lake Grove Village Center Overlay District(see Village Character Map,LOC Figure 50.05.007-D). (ii) On a corner site,the residential use is behind the commercial use as viewed from the higher classification street. b. EC Zone With a maximum 3.0:1 FAR(four unit minimum)on parcels>6,000 sq.ft.in size.For parcels<6,000 sq.ft.in size,there is no minimum unit requirement.Use not allowed on ground floor within the area depicted on Figure 50.03.003-A:Area of Ground Floor Residential Use Prohibition in EC District. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 91/669 50.03 USE REGULATIONS AND CONDITIONS Figure 50.03.003-A:Area of Ground Floor Residential Use Prohibition in EC District .1—~ 3p • _I� R AVENUE r z —_ 4- � _ 49 1 y y II '' I _ A - - AVENUE • -_-. — ' 4.-11 — li I . =1 -� 137 138 z : , :.,0//' „,.. EVERGREEN ROAD c. CI Zone Multifamily housing use is limited to Subarea I as shown on the Marylhurst Campus map in LOC 50.11.006: Appendix F,and shall consist of 20 or more units where at least 10%of the units are continuously rented,leased or made available for an amount of rent plus expenses associated with occupancy,such as utilities and fees,totaling not more than 30%of the income level that is 80%of area median income according to the Clackamas County Housing Authority's income limits for affordable housing,adjusted for household size. d. WLG OC Zone Residential uses are limited to multifamily residences in the vicinity of Boones Ferry Road and West Sunset Drive, as depicted on Figure 50.03.003-A.1,and shall consist of 20 or more units where at least ten percent of the units are continuously rented,leased or made available for an amount of rent plus expenses associated with occupancy,such as utilities and fees,totaling not more than 30%of the income level that is 80%of area median income according to the Clackamas County Housing Authority's income limits for affordable housing,adjusted for household size. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 92/669 50.03 USE REGULATIONS AND CONDITIONS Figure 50.03.003-A.1:Area of Residential Use Allowance in WLG OC Zone s6 est Sunset Dr 4lrest S n5et Dr �<`�eF� drQ V (Ord.2872,Amended,10/05/2021;Ord.2855,Amended,12/15/2020;Ord.2723,Amended,10/18/2016) 3. CONDITIONAL USES IN THE R-2 AND R-6 ZONES In addition to the criteria contained in LOC 50.07.005,Conditional Use Permits,an application to establish a new conditional use in the R-2 or R-6 zones must comply with the following criteria: a. A new conditional use shall not be located on a street with a traffic level that exceeds the functional classification of the street as set forth in the Lake Oswego Comprehensive Plan connected community chapter. b. If the street upon which the new use will be located is an arterial or collector and is currently operating within the parameters of its functional classification as set forth in the Lake Oswego Comprehensive Plan connected community chapter,the use shall not cause the street to exceed the allowable amount of traffic for its functional classification. c. If the street upon which the new use will be located is a local street and is currently operating within the parameters of its functional classification as set forth in the Lake Oswego Comprehensive Plan connected community chapter,the use shall not have a traffic impact(TI)of greater than 10.Traffic impact is based on the increase in average daily trips(ADT)and is calculated as follows: i. In the R-2 Zone:TI=ADT Increase/(lot size/2,000); ii. In the R-6 Zone:TI=ADT Increase/(lot size/6,000). d. Where available,a conditional use shall take access from collector or arterial streets and not from local streets. Exception:A conditional use may take access from a local street if a traffic evaluation indicates that access to the local street would improve public safety or traffic management when compared to access from the available collector or arterial. (Ord.2725,Amended,12/06/2016;Ord.2723,Added,10/18/2016) 4. CONDITIONAL USE STANDARDS FOR GROUP AND INSTITUTIONAL HOUSING a. Residential Care Housing and Congregate Housing i. Generally Applicable Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 93/669 50.03 USE REGULATIONS AND CONDITIONS (1) Any site to be used for residential care housing or congregate housing shall be at least one-half acre in size.All abutting property,which is in one ownership or the subject of a joint application involving more than one ownership,shall be considered as the site. (2) All requirements of the underlying zone,such as lot coverage,height limitations,setbacks and of the Lake Oswego Code generally,shall be complied with unless modified by this section.However,there are no density limitations on the number of residential care or congregate housing living units,which may be developed,provided all the other requirements of the Code and other governmental regulatory agencies are met. (3) Within the allowed zones,residential care housing and congregate housing shall be permitted only on those properties which abut a major or minor arterial or a major collector or neighborhood collector. Access to the development site shall be by the street with the highest classification unless prohibited by access constraints. (4) Any building to be occupied for residential care housing and congregate housing shall be designed or renovated specifically for this use.Any required regulatory licenses shall be obtained before residents occupy the building. (5) All public services shall be available and have the capacity to serve the facility. (6) Site design shall illustrate the accommodation of the special accessibility needs of those with varying levels of disabilities such as grade and width of walkways,exterior lighting,signage,resident parking,and orientation of entrances,which emphasize easy recognition. (7) Buffering and screening of the facility with fences,walls and landscaping shall be required to mitigate external noise and other disruptive conditions from surrounding uses such as light glare. (8) At least 20%of the development site exclusive of areas required for park land and Sensitive Lands protection shall be landscaped.The required landscaped area is inclusive of landscaping required for parking lots,and within required buffer areas.Landscaping may include courtyards,raised beds and planters,espaliers,arbors and trellises. (9) Large expanses of paving,including surface off-street parking and loading areas but excluding underground parking and loading,shall be landscaped.These areas shall be buffered and screened from adjoining land uses with landscaping.Trees shall be integral to the landscaping plan and incorporated into parking lot design to provide for shade and surface water runoff and quality benefits.) Commented[JD37]:Consider including bioswale style planting pits for trees in parking lots to enhance surface (10) Buildings and the development site shall be designed with a residential character and theme. water capture Development in the EC zone is subject to the requirements of LOC 50.05.004,Downtown Redevelopment Design District.If a conflict exists between LOC 50.05.004 and the requirements below,LOC 50.05.004 shall prevail.To achieve a residential character and theme,the reviewing authority may require design elements including,but not limited to,any or all of the following: (a) Complex massing and asymmetrical building composition; (b) Use of masonry,wood or wood appearing composites as exterior cladding materials; (c) Use of harmonious building materials and earth and muted tone colors and compatible color accents; (d) Lush landscaping including the use of border plantings and trees throughout the development site. (11) Monotony of design in single or multiple buildings shall be avoided.Variation of detail,form,and building siting shall be used to enhance design quality.To achieve these objectives,the reviewing authority may impose requirements including,but not limited to,any or all of the following: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 94/669 50.03 USE REGULATIONS AND CONDITIONS (a) No continuous blank walls shall be allowed along the public front of the buildings and shall not exceed 25 linear ft.without windows,recess,or change of plane.Appropriate use of windows shall be made to provide scale with the amount of fenestration or glazing proportional to the mass of the building facade. (b) Architectural features and accents such as bay windows,gables,dormers and projecting eaves shall be used to break up roof expanses.Verandas and projecting balconies shall be used where safe and practical. (c) Roof materials shall consist of cedar shingles,tiles,or three tab composite shingles in dark gray, green or black colors.Metal roofs and colored roofs,other than those mentioned above,and mansard or decorative roof forms are prohibited. (12) Buildings shall use materials that are architecturally harmonious for all walls and exterior components.To achieve this objective,the reviewing authority may impose requirements including,but not limited to,the following: (a) Materials for building walls may consist of wood shingle,brick,horizontal wood or composite wood siding,stone,masonry,concrete block which mimics stone,brick or other masonry.Stucco and timbers shall be allowed on gable ends only. (b) The following exterior materials are not allowed:EIFS or other synthetic stucco material;metal panels;flagstone;plywood paneling;vinyl cladding;mirrored glass;standard form concrete block; backlit fabrics. (13) Building vents and mechanical devices shall be screened from view with materials harmonious to the building.Exterior site elements such as storage,trash collection areas and noise generating equipment shall be located away from abutting property lines and sight-obscuring fencing and landscaping shall be used to screen and buffer these areas. (14) Access to public and commercial services,parks and other recreation areas,churches,shopping,and other places frequented by the public in the course of daily life shall be made available to the residents through a transport service privately provided by the residential care housing facility. (15) Access to public sidewalks and/or pathways shall be provided.Street crossings bordering on streets three lanes and larger shall be located at traffic light controlled crossings.Crossings on two lane streets classified as either collectors or arterials may occur at sign controlled intersections.All other crossings may occur at noncontrolled intersections provided that safe sight distance per the AASHTO Standards is present.When projects are located on streets greater than 10,000 ADT and it can reasonably be expected that future residents will cross these streets,a traffic study shall be required to show that safe sight distance and adequate traffic"gaps"exist to allow safe crossing. b. Residential Care Housing Facilities and Congregate Housing in R-7.5,R-10 and R-15 Zones i. Any site to be used for residential care housing or congregate housing in an R-7.5,R-10 or R-15 zone shall be at least one-half acre in size. ii. Any site to be used for residential care housing or congregate housing and proposed to be located on a neighborhood or major collector street shall also have the following characteristics in addition to the other specific standards in this section: (1) There are higher intensity land uses the vicinity of the site proposed for residential care housing such as: (a) Commercial uses; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 95/669 50.03 USE REGULATIONS AND CONDITIONS (b) Institutional uses such as schools,churches;or (c) Multi-family residential development; (2) The proposed residential care housing or congregate housing project would be a transitional land use between more intense land uses and the collector street(s)and abutting or adjacent residential uses; (3) Public parks or useable public open spaces are easily accessible via public or private bus service or are within walking distance;and (4) Retail and professional services and churches are within a short distance from the development site and can be walked to or are easily accessible by public or private bus service. iii. All abutting property,which is in one ownership or the subject of a joint application involving more than one ownership,shall be considered as one site. iv. All setback and height requirements of the underlying zone shall be complied with unless modified by this section.However,there are no limitations on the number of residential care or congregate housing living units which may be developed,provided all the other requirements of the Code and other governmental regulatory agencies are met. v. Maximum lot coverage shall be 40%. vi. Except as modified by this section,all of the requirements of subsection 2.a of this section shall also be applied to applications for residential care or congregate housing. vii. Minimize to the extent practicable the effects of traffic caused by shift changes,particularly noise and the safety of pedestrians,particularly school children. viii. Maintain any existing surrounding residential neighborhood scale and character in regard to lot coverage, design and size of structures,landscaping,buffering and screening,location and width of driveways,signage, exterior lighting,and location of parking,loading and service facilities. c. Skilled Nursing Facilities in the R-0,WLG R-2.5,R-3 and R-5 Zones i. Any site to be used for a skilled nursing facility shall abut a major or minor arterial street.Access to the development site shall be by the street(s)with the highest classification unless prohibited by access constraints. ii. Any site to be used for a skilled nursing facility shall be at least one-half acre in size.All property,which is in one ownership or the subject of a joint application involving more than one ownership,shall be considered as the site. iii. All requirements of the underlying zone,such as lot coverage,height limitations,setbacks and of the Lake Oswego Code generally shall be complied with unless modified by this section.However,there are no density limitations on the number of beds or rooms within a skilled nursing facility provided all the other requirements of the Lake Oswego Code and other governmental regulatory agencies are met. iv. Any building(s)to be occupied as a skilled nursing facility shall be designed or renovated specifically for this use. v. All public services shall be available and have the capacity to serve the facility. vi. Minimum setbacks shall be as follows: (1) 25 ft.for the front and rear yards and 15 ft.for side yards. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 96/669 50.03 USE REGULATIONS AND CONDITIONS (2) 25 ft.from property lines abutting or adjacent to a residential zone or the setback required by the zone,whichever is greater.If an abutting or adjacent residential zone has been developed for a use other than for residential purposes the smaller setbacks shall apply. vii. The maximum height of a skilled nursing facility shall conform to the height requirements of the applicable zone. viii. Any of the requirements of subsection 2.a of this section,Residential Care Housing and Congregate Housing,may also be applied to applications for skilled nursing facilities by the reviewing authority as necessary to comply with conditional use permit requirements. ix. On sites bordered by residential zones,the approval authority may apply additional conditions to: (1) Mitigate the effects of traffic caused shift changes,particularly noise and the safety of pedestrians, particularly school children. (2) Maintain residential neighborhood scale in regard to size of structures,location and width of driveways,signage,exterior lighting,and location of parking,loading and service facilities. x. Any buildings and the development site to be used for a skilled nursing facility shall be designed with a residential character and theme.To achieve a residential character and theme,the reviewing authority may require design elements including,but not limited to,any or all of the following: (1) Complex massing and asymmetrical building composition; (2) Use of masonry,wood or wood appearing composites as exterior cladding materials; (3) Use of harmonious building materials and earth and muted tone colors and compatible color accents; (4) Lush landscaping including the use of border plantings and trees throughout the development site. xi. Monotony of design in single or multiple skilled nursing facility buildings shall be avoided.Variation of detail,form,and building siting shall be used to enhance design quality.To achieve these objectives,the reviewing authority may impose requirements including,but not limited to,any or all of the following: (1) No continuous blank walls shall be allowed along the public front of the buildings and shall not exceed 25 linear ft.without windows,recess,or change of plane.Appropriate use of windows shall be made to provide scale with the amount of fenestration or glazing proportional to the mass of the building facade. (2) Architectural features and accents such as bay windows,gables,dormers and projecting eaves shall be used to break up roof expanses.Verandas and projecting balconies shall be used where safe and practical. (3) Roof materials shall consist of cedar shingles,tiles,or three tab composite shingles in dark gray, green or black colors.Metal roofs and colored roofs,other than those mentioned above,and mansard or decorative roof forms are prohibited. xii. Buildings to be used for a skilled nursing facility shall use materials that are architecturally harmonious for all walls and exterior components.To achieve this objective,the reviewing authority may impose requirements including,but not limited to,the following: (1) Materials for building walls may consist of wood shingle,brick,horizontal wood or composite wood siding,stone,masonry,concrete block which mimics stone,brick or other masonry.Stucco and timbers shall be allowed on gable ends only. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 97/669 50.03 USE REGULATIONS AND CONDITIONS (2) The following exterior materials are not allowed:EIFS or other synthetic stucco material;metal panels;flagstone;plywood paneling;vinyl cladding;mirrored glass;standard form concrete block;backlit fabrics. (Ord.2892,Amended,06/07/2022;Ord.2723,Amended,10/18/2016;Ord.2713,Amended,09/20/2016;Ord.2707, Amended,05/17/2016;Ord.2668,Amended,12/01/2015;Ord.2643,Amended,11/04/2014;Ord.2639,Amended, 06/03/2014) 5. STANDARDS FOR PUBLIC,INSTITUTIONAL AND CIVIC USES Revised 4/23 a. Religious Institution and Related Facilities i. Access streets have capacity to carry the projected traffic volumes. ii. The structure may exceed the maximum height limitation of the zone,to a structure height of no more than 50 ft. iii. The lot is sufficient size to allow all required yards to be equal to at least two-thirds the height of the principal structure. b. Minor Public Facilities i. In the WLG RMU zone,a minor public facility building shall be limited to a total floor area of 8,000 sq.ft. in a multi-story building,with no more than 5,000 sq.ft.on any floor. c. Major Public Facilities and Institutional Uses Not Covered by Other Specific Standards i. Utilities,streets or other necessary improvements to the public facility or institutional use shall be provided by the agency constructing the use. ii. When located in a residential zone,access should be located on a collector street if practical.If access is to a local residential street,consideration of a request shall include an analysis of the projected average daily trips to be generated by the proposed use and their distribution pattern,and the impact of the traffic on the capacity of the street system which would serve the use.A traffic study will be required of the applicant to identify the projected average daily trips to be generated and their distribution pattern.Uses which are estimated to generate fewer than 20 trips per week shall be exempted from the requirements of this subsection. iii. When located in a residential zone,lot area shall be sufficient to allow required yards which are at least two-thirds the height of the principal structure. iv. The height limitation of a zone maybe exceeded to a maximum height of 50 ft. v. Noise-generating equipment shall be sound buffered when adjacent to residential areas. vi. Lighting shall be designed to avoid glare on adjacent residential uses. vii. Levels of operations shall be adjusted to avoid conflict with adjacent uses where practical. d. Park,Public i. Parks are a permitted use in the PNA zone,except activities defined as`major park improvements'shall be allowed by conditional use only. ii. Uses authorized under a Parks Master Plan are permitted uses. e. Social,Recreational,or Cultural Facilities,Non-Profit In the R-0,R-3,and R-5 zones,an application for a conditional use permit to locate a nonprofit social,recreational or cultural facility shall comply with the following standards. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 98/669 50.03 USE REGULATIONS AND CONDITIONS i. The proposed facility or use shall be located on property adjacent on at least one side to a property of equal or larger size that is already developed with a nonprofit use permitted outright or as a conditional use in the zone. ii. Members of the organization proposing and which will use the nonprofit facility or use shall reside in adjacent planned developments or within one-fourth mile of a planned development with participating residents and shall not be separated from the proposed development or each other by a freeway,a major or minor arterial or the urban service boundary of the City of Lake Oswego. iii. Adequate utilities,streets or other improvements shall be provided by the developer of the facility or use. iv. When located in a residential zone,lot area shall be sufficient to comply with the lot coverage,setbacks and yards required by the zone. v. Sound barriers,buffers or reduction techniques shall be required for noise generating activities,facilities or equipment located on properties adjacent to residential areas. vi. Lighting shall be designed to avoid glare on adjacent residential uses. vii. The time,manner or nature of operation shall be adjusted to avoid conflict with adjacent uses. f. Educational Institution and Day Care Center Uses i. All educational institutions and day care centers shall provide on-site circulation as required by LOC 50.06.003.3.b,walkways as required by LOC Chapter 42,and safe loading,ingress,and egress on and to the site. ii. In the WLG OC zone,this use is limited to 5,000 sq.ft.of gross floor area. g. Telecommunications Facilities i. Purpose The purpose of this section is to establish design and siting standards for telecommunication facilities that: (1) Reduce visual impacts of antennas,towers and ancillary facilities through careful design,siting,and vegetative screening; (2) Avoid damage to adjacent properties from tower failure and falling ice,through engineering and careful siting of tower structures; (3) Maximize use of any new transmission tower and any existing suitable structures to reduce the need for additional towers;and (4) Allow transmission towers in residential areas only when necessary to meet functional requirements of the telecommunications industry. ii. Applicability These standards shall apply to new telecommunication facilities and collocated telecommunication facilities and not pre-existing towers or pre-existing antennas. iii. Approval Criteria for Collocated Facilities (1) Site Size No minimum lot size shall apply when a telecommunications facility is collocated on an existing building or structure. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 99/669 50.03 USE REGULATIONS AND CONDITIONS (2) Facilities for Collocation (a) Priorities for Facilities.Collocation shall occur in the following order of facilities: (i) Facilities where the collocated facility will project not more than ten ft.higher than the highest point of the existing facility: (A) Previously approved telecommunications tower; (B) Existing nonconforming telecommunications tower; (C) Existing buildings; (D) Utility(electric,cable,telephone,etc.)and light poles. (ii) Facilities where the collocated facility will project more than ten ft.higher than the highest point of the existing facility: (A) Previously approved telecommunications tower; (B) Existing nonconforming telecommunications tower; (C) Utility(electric,cable,telephone,etc.)and light poles; (D) Existing buildings. (b) Suitability of Facility for Collocation.To determine the suitability of the existing facility for the proposed collocation facility or structure,the applicant must show that: (i) There are no reasonably feasible telecommunication facilities in a higher classification under subsection 5.g.iii(2)(a)of this section that can meet the requirements of this subsection for a collocated facility and provide the necessary telecommunication service; (ii) The addition of the antenna equipment will not interfere with the normal operation of utilities or existing transmission facilities and the collocated facility complies with the height limit in subsection 5.g.iii(3)of this section; (iii) The collocation improvements must satisfy the standards for the underlying zone,except as provided by subsection 5.g.iii(3)of this section; (iv) The existing structure,if structurally enhanced in order to permit collocation,does not result in a decrease of the setback of the reconstructed structure as described in subsection 5.g.iii(1)of this section and the height of the reconstructed facility complies with the height limit contained in subsection 5.g.iii(3)of this section as applied to the existing structure prior to replacement or reconstruction;and (v) The collocation may not involve the removal of any previously approved landscaping/buffering. (3) Height Limit Collocated facilities are exempt from the height limits of the underlying zone,but shall be no more than ten ft.taller than the existing structure in a residential zone,a mixed residential/commercial zone,or Public Functions zone,or no more than 20 ft.taller than the existing structure in a commercial,public use, or industrial zone. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 100/669 50.03 USE REGULATIONS AND CONDITIONS Exceptions:A collocated facility shall be no taller than the existing facility where the height of the existing facility has previously been increased in excess of the height limit of the underlying zone as a result of approval of a prior collocation application pursuant to this section. (4) Visual Impact (a) All ancillary facilities shall be screened,hidden or disguised. (b) Antennas shall be screened,hidden or disguised,or shall be painted or colored to blend into the structure or surroundings. (5) Processed as New Facility A proposed collocated facility that does not comply with the approval criteria for collocated facilities shall be processed as a new facility. iv. Approval Criteria for New Facilities (1) Site Size A new facility shall be sited on a parcel of a size and shape that complies with the following criteria: (a) Setbacks—Tower The tower footprint shall be set back at least two-thirds the tower height from any property line.This setback may be reduced if the applicant can demonstrate that: (i) The shape or configuration of the parcel prevents compliance with the setback standard or that a reduction in setback is necessary to take advantage of screening opportunities(such as tall trees,tree groves,buildings,or other tall elements)not available within the required setback area; (li) The reduction in setback is the minimum required to best camouflage the facility; (iii) Adequate clearance between the facility and property line can be provided to accommodate landscaping and fencing;and (iv) The reduction in setback will not cause a greater visual impact to adjacent uses. (b) Setbacks—Ancillary Facilities Ancillary facilities shall be set back the same as required for primary structures of the zone,except that the side or rear yard setback may be reduced in a residential zone if the ancillary facilities meet the criteria in LOC 50.03.004.2.b. (c) The tower pad shall be sited in a location that permits additional expansion to accommodate future collocated ancillary facilities.The tower shall be located centrally on this pad.This standard shall not apply to antennas attached to existing structures or towers located on rooftops. (d) A licensed structural engineer's analysis shall be submitted to demonstrate that the potential impact of tower failure and ice falling from the tower will be accommodated on site. (e) Separation from Pre-Existing Towers New towers shall be separated from existing towers by at least the following distances,measured in a straight line from the base of the proposed new tower to the base of any pre-existing tower: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 101/669 50.03 USE REGULATIONS AND CONDITIONS TABLE 50.03.003-1:SEPARATION FROM PRE-EXISTING TOWERS Lattice(ft.) Guyed(ft.) Monopole>80 ft.in Monopole<80 ft.in height(ft.) height(ft.) Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole>80 ft.in 1,500 1,500 1,500 750 height Monopole<80 ft.in 750 750 750 750 height (2) Collocation to Be Explored;Accommodated (a) Before an application for a new transmission tower is accepted,applicants shall demonstrate that they have exhausted all practicable collocation options within the proposed service area pursuant to LOC 50.07.004.12.a.i and 50.07.004.12.a.iv including placement of antennas on existing tall structures and placing multiple antennas or attachments on a single tower.To demonstrate that all practicable collocation options have been exhausted,the applicant shall demonstrate that: (i) No existing towers or support structures,or approved but not yet constructed towers or support structures,are located within the geographic area required to meet the applicant's engineering requirements; (ii) Existing towers or support structures are not of sufficient height to meet the applicant's engineering requirements; (iii) Existing towers or support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment; (iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing tower or support structure,or the existing antenna would cause interference with the applicant's proposed antenna;or (v) There are other limiting factors that render existing towers and support structures unsuitable. (b) Accommodation of Future Collocation New towers shall be constructed so as to accommodate future collocation,based on expected demand for transmission towers in the service area.Towers shall be designed so as to accommodate a minimum expansion of three two-way antennas for every 40 vertical ft.of tower. (c) Multiple Attachments on Utility Towers In conformance with the Telecommunication Act of 1996,Section 703,a utility shall provide any telecommunications carrier with nondiscriminatory access to any pole,duct,conduit,or right-of-way owned or controlled by it,unless there is insufficient capacity or access cannot be granted for reasons of safety,reliability,and generally applicable engineering purposes. (d) Ancillary facilities for collocated facilities shall be set back the same as required for primary structures of the zone,except that the side or rear yard setback may be reduced in a residential zone if the ancillary facilities meet the criteria in LOC 50.03.004.2.b. (3) Height The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 102/669 50.03 USE REGULATIONS AND CONDITIONS New telecommunication facilities shall not exceed the height limits of the underlying zone,unless the applicant demonstrates that: (a) There is a service area need for the proposed facility at the proposed location; (b) The increase in height above the maximum allowed height for the zone is the minimum increase necessary to eliminate service shadows; (c) That providing coverage with telecommunications facilities which comply with the height requirements of the zone would result in unacceptable proliferation of such facilities.For the purposes of this subsection,"unacceptable proliferation"means an increase in the number of transmission towers by a factor of four in order to achieve the same level of adequate service.An increase in the number of transmission towers shall not include facilities or towers that would qualify as collocated facilities; (d) The negative visual impacts on adjacent properties can be minimized by screening or disguising the facility. The applicant may be required to pay for an independent radio frequency engineer or similar consultant to verify the need for this request. (4) Visual Impact The applicant shall demonstrate that telecommunications facilities will have the least practicable visual impact on the environment,considering technical,engineering,economic,and other pertinent factors. (a) The height and mass of the telecommunications facilities shall not exceed that essential for its intended use and public safety,as demonstrated in a report prepared by a licensed structural engineer. (b) Telecommunications facilities 200 ft.or less in height shall be camouflaged to ensure the facility is visually subordinate to surrounding objects and colors. (c) Towers more than 200 ft.in height shall be painted in accordance with the Oregon State Aeronautics Division and Federal Aviation Administration.Applicants shall attempt to seek a waiver from OSAD and FAA marking requirements.When a waiver has been granted,towers shall be painted and/or camouflaged in accordance with subsection 3.e.iv(4)(b)of this section. (5) Accessory Uses Accessory uses shall include only building facilities that are necessary for transmission function and associated satellite ground stations,and shall not include broadcast studios(except for emergency broadcast),offices,vehicle storage areas,nor other similar uses not necessary for the transmission or relay function.No unenclosed storage of materials is allowed. (6) Lighting No lighting shall be permitted on transmission towers except that required by the Oregon State Aeronautics Division or Federal Aviation Administration.This standard shall not prevent shared use or replacement of an existing light pole.For collocation on existing or replaced light poles,the transmission tower shall have no net increase to the spread,intensity,or direction of the existing light source. (7) Fences and Landscaping (a) The tower(s)and ancillary facilities shall be enclosed by a six ft.fence meeting the requirements of LOC 50.06.004.2. (b) Landscaping shall be placed outside of fences and shall consist of fast growing vegetation placed densely so as to form a solid hedge with a minimum planted height of six ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 103/669 50.03 USE REGULATIONS AND CONDITIONS (c) For new towers,landscaping and fencing shall be compatible with other nearby landscaping and fencing. (d) Where antennas or towers and ancillary facilities are to be located on existing buildings or structures and are secure from public access,landscaping and fencing requirements may be waived. (8) Signs One non-illuminated sign,not to exceed two sq.ft.,shall be provided at the main entrance to the facility stating a contact name and phone number for emergency purposes.Signs shall not be placed on towers and antennas. v. Abandoned Facilities A telecommunication facility that is unused for a period of six consecutive months or longer is hereby declared abandoned.Abandoned facilities shall be removed by the property owner no later than 90 days from date of abandonment.Failure to remove an abandoned facility is declared a public nuisance and is subject to the penalties established by LOC Article 34.04.Upon written application,prior to the expiration of the six-month period,the City Manager shall,in writing,grant a six-month extension for reuse of the facility.Additional extensions beyond the first six-month extension may be granted by the City Manager subject to any conditions required to bring the project or facility into compliance with current law(s)and make compatible with surrounding development. h. Telecommunications Facilities in Residential or Mixed Residential/Commercial Zones In addition to compliance with the approval standards in LOC 50.03.003.5.g.iv and 50.07.004.12,and the general conditional use criteria in LOC 50.07.005,Conditional Use Permits,telecommunications facilities designated as a conditional use in residential or mixed residential/commercial zones shall comply with the following standards: i. New telecommunications facilities shall not be located on a parcel containing an existing single-family dwelling or middle housing. ii. Antenna(s)must be located no closer than 35 ft.from any habitable structure.Tower guy anchors must meet the normal setbacks of the underlying zone. iii. If the proposed facility will exceed the 50 ft.height limitation of the Lake Oswego Charter in a residential zone,the applicant shall demonstrate that: (1) The facility could not feasibly be located outside of a residential zone; (2) There are no alternatives available to meet the required coverage area;and (3) The height is no taller than necessary to provide adequate transmission. (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2783,Amended,06/19/2018;Ord.2723, Amended,10/18/2016;Ord.2643,Amended,11/04/2014;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 104/669 50.03 USE REGULATIONS AND CONDITIONS 6. USE-SPECIFIC STANDARDS FOR COMMERCIAL USES Figure 50.03.003-B:IP Zone Additional Use Area ,,,,4._. - ,,,,:.,:,,...:,eli\--,;--\,. rk .„--7.-----.-----1:. %, —. 'e, \ --. n0 Y{14 p{ J°' f.'. rna l 01. 5b"5'w 4" Tff f wrB''!_ g �:Al //\ .p"%C,e :. �. a .::.E�bIt��E A.'i d ,Ir.:1 .S'E° / d ,ram 1/4,L, 1---J____ i 1. _ 1 Af Egultle �11 2 ie�• Div,of lake Oswego FiburrinT:ora. I �li nwrr • Ar7usfrnel Rerk 6 onW-Song I I I +sra ,r,�a J._ ... Figure 50.03.003-C:GC Zone Limited Use Area The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 105/669 50.03 USE REGULATIONS AND CONDITIONS �' 17350 1738Q ... / f 17390 �ti'y • /17400 �� r 4.6 j l--- 17430 .t f TO f '''' t, , Lq' 440 J +l5935 -- -" GO¢� � 5eD � I 2" g] 's — — . G 1. I 0 `' 177DA I 17711 ' L.O. I MEDICAL — -- - - PLAZA Qs a 58d5 ' 5837 — 5835 • i' ��_ 17720 5�623fl • N 5825 LO • 5921 I EXECL TIVE ox 5817 J PLAZlq / �" g 5813 m + `" a, 5808 N ' —I N 5005 . gn Jearl Rd �" rt� n GC Zoning nesgnation N I '"' I o i n Lake Oswego Ciy Beuneay I BLPn f- - '' 0 100 200 300 Poet I .,. g -- ".miL a. Conditional Uses Listed in Commercial or Industrial Zones and Not Covered by Other Specific Standards i. The site will be designed so that ingress and egress will not cause hazardous turning movements,traffic slow-downs or blockages due to storage of vehicles waiting for services. ii. Public services are or can be provided at the site. iii. All outdoor lighting except security lighting shall be extinguished at the close of business hours. iv. Any adverse impacts on adjoining residential uses such as noise,lights,or loss of privacy will be mitigated by landscaping,screening or increased setbacks. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 106/669 50.03 USE REGULATIONS AND CONDITIONS v. Parking shall meet the parking standards and may be increased if additional spaces are shown to be necessary. b. Agriculture The raising of livestock requires approval of a conditional use permit. c. Arcade,Gaming In the NC zone,uses exceeding 2,000 sq.ft.in gross floor area require approval of a conditional use permit. d. Auto and Light Vehicle Rental In the GC,EC,CR&D,MC and FMU zones,all vehicle storage shall be off site. e. Auto and Light Vehicle Sales i. This use is not permitted on properties located in the Lake Grove Village Center Overlay district. ii. In the IP zone,the storage and display of vehicles shall be within fully enclosed buildings. f. Auto Service Station and Vehicle Repair i. If the primary use is an auto service station with vehicle repair as an accessory use,the use is only permitted in the Lake Grove Village Center Overlay(LGVCO)district with the approval of a conditional use permit and if the following additional criteria are met: (1) The use is located no closer than 1,000 linear ft.to another auto service station; (2) No more than two auto service stations are located within a distance of 5,000 linear ft.; (3) The use does not include more than eight auto fueling devices;and (4) The use is not located in a Village Transition Area. ii. If the primary use is for vehicle repair with no auto fuel sales,or fuel sales as an accessory activity,the use is only permitted in the Village Transition Areas(VTA)of the LGVCO district with the approval of a conditional use permit,and if the following additional criteria are met: (1) The use is an expansion of an existing vehicle repair use; (2) The facility includes a retail or office use and a storefront appearance along fronting collector and local streets; (3) No direct vehicle access is provided from streets adjacent to residential zones;and (4) No operational repair doors face any collector or local street. iii. In the GC and EC zones,vehicle repair activities shall be conducted wholly within an enclosed structure. iv. In the I zone,vehicle repair activities shall be screened by sight-obscuring fence from public rights-of- way. v. In the IP zone,light vehicle repair is only a permitted use without an associated auto service station. g. Bakery i. In the WLG OC zone,the seating area shall not exceed 700 sq.ft.of gross floor area. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 107/669 50.03 USE REGULATIONS AND CONDITIONS ii. Where on-site baked goods are sold within the building in the NC,HC,OC,CR&D,MC,and WLG OC zones,the business shall not exceed 5,000 sq.ft.gross floor area. iii. Where the baked goods that are sold are manufactured elsewhere the cumulative square footage of retail businesses 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 in the MC zone.In the CR&D zone,cumulative retail uses shall not exceed 20,000 sq. ft.gross floor area or 20%of the total building floor area per lot,whichever is less.The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site. iv. In the IP zone,retail and on-site consumption of bakery goods shall not exceed 2,000 sq.ft.of gross floor area and must either be co-located within a building with another permitted use or be accessory to a production bakery.The cumulative square footage of retail businesses 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.No drive-through service is allowed. h. Bar In the MC zone,bars shall not exceed 20,000 sq.ft.in gross floor area and the cumulative square footage of retail businesses 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. i. Car Wash Car washes in the GC zone in the Lake Grove Village Center Overlay District shall not exceed a total combined area of 4,200 sq.ft.in gross floor area and shall not be located in Village Transition Areas. j. Community Garden i. Community gardens are allowed as a permitted or accessory use if the total planting area is less than 4,000 sq.ft.Community gardens with greater than 4,000 sq.ft.of planting area require a conditional use permit. ii. The accessory sales of crops by a public entity or nonprofit organization is allowed between the hours between 7:00 a.m.to 8:00 p.m. iii. Community gardens with a planting area less than 4,000 sq.ft.are exempt from parking requirements. Parking requirements for gardens larger than 4,000 sq.ft.shall be determined by the conditional use permit. iv. Fencing is required and shall be no greater than six feet in height and no more than 40%opacity. v. Composting areas shall be actively managed to control odors,pests,and all other potential nuisances to neighbors.Use of best management practices(BMP),as established by the Parks and Recreation Department,is recommended. vi. Accessory community garden structures are permitted pursuant to the standards in this Code,but shall not exceed 500 sq.ft.cumulatively. k. [Reserved] 1. Food Market i. In the CR&D zone,cumulative retail uses shall not exceed 20,000 sq.ft.or 20%of the total building floor area per lot,whichever is less.The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site. ii. For food markets over 25,000 sq.ft.in gross floor area,the use may not exceed 35,000 sq.ft.of gross floor area per business,except that: (1) In the GC zone,uses over 35,000 sq.ft.and up to 45,000 sq.ft.of gross floor area require a conditional use permit. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 108/669 50.03 USE REGULATIONS AND CONDITIONS (2) In the MC zone,the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq.ft.on a single lot or parcel or on adjacent lots or parcels. (3) In the FMU zone,a use larger than 35,000 sq.ft.of gross floor requires a conditional use permit. m. Heavy Vehicle Repair This use is subject to the following conditions: i. The use is limited to 18 or less service bays. ii. The use is located in an enclosed building. iii. No outdoor storage of parts,materials,or partially or totally dismantled vehicles is allowed. iv. The use shall not emit noise,smoke,glare,vibration,fumes or other environmental effects which adversely affect people,property or uses beyond the property lines of the IP site. n. Medical Clinic In the area depicted on Figure 50.03.003-B,this use shall be limited to less than 20,000 sq.ft.in floor area. o. Mortuary In the GC and EC zones,on-site cremation requires a conditional use permit. p. Office i. In the R-15,R-10,R-7.5,R-6,R-5,R-DD,R-3,R-2,and R-0 zones,the following standards apply. (1) Office use is only permitted in structures that are on the City's Historic Landmark List and are located on an arterial street. (2) Public services are adequate to serve the facility. (3) Notwithstanding LOC 50.06.002.2,the required parking for office uses in historic landmarks shall be determined in the conditional use approval.In applying the general conditional use criteria under LOC 50.07.005.3.a.iii and iv,the on-site parking may be reduced to protect the historic character of the landmark. (4) Access should be located on an arterial street,if practicable.If access is to a local residential street, the applicant shall include an analysis of the projected average daily trips to be generated by the proposed use and their distribution pattern,and the impact of the traffic on the capacity of the street system that would serve the use.A traffic study will be required to identify the projected average daily trips to be generated and their distribution pattern.Uses that are estimated to generate fewer than 20 trips per week shall be exempted from the requirements of this subsection. (5) Noise generating equipment shall be sound buffered when abutting a residential use. (6) Exterior lighting and lighted signage shall be designated to avoid glare onto adjacent residential uses. (7) Levels of operations shall avoid conflict with adjacent uses,where practicable. (8) The historical designation of the property shall be maintained throughout the period of the conditional use.The property owner shall record a deed restriction that ensures that the property shall not be removed from the Historic Landmark List for the duration of the conditional use permit.Request for removal from the list shall void the conditional use permit. ii. In the WLG OC and WLG RMU zones,the following standards apply: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 109/669 50.03 USE REGULATIONS AND CONDITIONS (1) Office uses shall be limited to those with limited customer or client traffic intended to attract and serve customers or clients on premises,such as:attorneys,physicians,dentists,counselors,insurance, travel agents,investment and financial services,real estate,studios(photography,commercial art, advertising),architects,landscape architects,engineers or other design businesses,research,software development,corporate offices,medical testing laboratories,and specialty medical services. (2) A single building with office use shall be limited to a maximum 5,000 sq.ft.footprint and in the WLG RMU zone,the total floor area shall be limited to 8,000 sq.ft. iii. In the GC and OC zones in the Lake Grove Village Center Overlay district,the following standards apply: (1) Financial and banking institutions with drive-through facilities are allowed only when no more than one access to the site from a public street is provided on the parcel.Additional access through abutting parcels is permitted. (2) Financial and banking institutions with drive-through facilities are prohibited in Village Transition Areas. iv. In the CI zone,this use is limited to commercial office space in buildings existing on December 16,1982. v. In the PF zone,this use is limited to uses related to public or quasi-public facilities. q. Public Parking Facilities in the NC Zone—Conditional Use A publicly owned(City or LORA)surface parking facility is conditionally allowed as the sole use on a lot in the NC zone,only within the Lake Grove Village Center Overlay(LGVCO)District and only as specifically identified in Figure 50.05.007-U:Parking Facilities and Access Coordination Map.Public garages are not a similarly allowed use to a public surface parking facility. r. Personal Services i. In the WLG OC zone,this use is limited to 1,000 sq.ft.or less in gross floor area. ii. In the CI zone,this use shall directly and primarily provide goods and services to persons employed in the CI zone. s. Pet Day Care This use must be conducted in a fully enclosed building,except that in the NC,GC,and MC zones,and the portion of IP zone depicted on Figure 50.03.003-B,pets may be kept outside during daytime hours with a conditional use permit. t. Repair,Rental,Service In the NC zone,this use is limited to 5,000 sq.ft.of gross floor area. u. Restaurant i. Drive-through service is only allowed in the following: (1) In the HC and FMU zones. (2) In the GC zone,outside of the Lake Grove Village Center,after approval of a conditional use permit. (3) In the Lake Grove Village Center Overlay district,a maximum of two restaurants with drive-through service windows are permitted with a conditional use permit,but no restaurant with drive-through service may be located in a Village Transition Area. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 110/669 50.03 USE REGULATIONS AND CONDITIONS ii. In the WLG OC zone,service of food and beverages shall be primarily for consumption on the premises. The total size of indoor and outdoor seating areas of any restaurant shall be limited to 1,500 sq.ft.of gross floor area. iii. In the CR&D and MC zones,this use shall not exceed 20,000 sq.ft.gross floor area.In the MC zone,the cumulative square footage of retail businesses or buildings on a site shall not exceed 60,000 sq.ft.on a single lot or parcel or on adjacent lots or parcels.In the CR&D zone,cumulative retail uses shall not exceed 20,000 sq.ft.or 20%of the total building floor area per lot,whichever is less.The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site. iv. In the OC and CR&D zones,specialty food stores,e.g.,coffee shops and juice bars,shall not exceed 5,000 sq.ft.of gross floor area. v. One seasonal dining restaurant enclosure and one entrance vestibule per restaurant business are allowed from November 1 to April 30.The enclosures must be removed by May 1.The seasonal restaurant enclosures shall meet the required dimensional standards(e.g.,building setbacks,maximum lot coverage,etc.)of the zone. v. Retail,Under 10,000 Sq.Ft.Gross Floor Area i. In the WLG OC zone,this use is limited to 5,000 sq.ft.or less in gross floor area. ii. For conditional uses in the IP zone,this use is limited to those that directly and primarily provide goods and services to persons employed in the IP zone. w. Retail,10,000—20,000 Sq.Ft.Gross Floor Area i. For conditional uses in the IP zone,this use is limited to those that directly and primarily provide goods and services to persons employed in the zone. x. Retail,Over 20,000 Sq.Ft.Gross Floor Area This use may not exceed 35,000 sq.ft.of gross floor area per business,except that: i. In the GC-zoned area in the vicinity of Jean Way and Boones Ferry Road,as depicted on Figure 50.03.003- C,retail use up to 45,000 sq.ft.is permitted,except as limited by subsection 50.03.003.6.x.iv of this section. ii. In the GC zone,except as provided in subsection 6.x.i of this section,a business over 35,000 sq.ft.and up to 45,000 sq.ft.of gross floor area requires a conditional use permit. iii. In the EC zone,the cumulative square footage of a single commercial business on a site shall not exceed 35,000 sq.ft. iv. In the MC zone,the portion of IP zone depicted on Figure 50.03.003-B,and the GC-zoned area in the vicinity of Jean Way and Boones Ferry Road,as depicted on Figure 50.03.003-C,the cumulative square footage of retail businesses or buildings shall not exceed 60,000 sq.ft.on a single lot or parcel or on adjacent lots or parcels. v. In the CR&D zone,cumulative retail uses shall not exceed 20,000 sq.ft.or 20%of the total building floor area per lot,whichever is less.The maximum numerical limitation on cumulative retail uses shall not exceed the retail square footage amount approved for the site. y. Social,Recreational,or Cultural Facilities,Non-profit This use is permitted if associated with a planned development and designed for use by residents of that development.If not associated with a planned development,this use requires a conditional use permit. z. Veterinary Clinic The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 111/669 50.03 USE REGULATIONS AND CONDITIONS This use must be conducted within a fully enclosed building,except that an outdoor run is permitted outright if the standards below are met.A larger outdoor run or other outdoor facilities may be approved with a conditional use permit.This does not preclude incidental activities such as dog walking. i. An outdoor run shall be limited to 200 sq.ft.in area or five percent of lot area,whichever is greater; ii. An outdoor run shall be enclosed by a six-foot-tall sight-obscuring fence for the portions facing the exterior site boundaries.A see-through fence may be permitted facing the building(s)on the site; iii. Active use of the outdoor run(training,play,etc.)shall be limited to the hours between 8:00 a.m.and 6:00 p.m.Use of the run to allow a dog to relieve itself outside of these hours is permitted; iv. Animals in the outdoor run shall be supervised by staff of the facility at all times; v. The outdoor run shall be cleared of waste daily;and vi. It shall be a violation to permit unreasonable annoyance,alarm or noise disturbance at any time of the day or night by repeated barking,whining,screeching,howling,braying or other like sounds which may be heard beyond the boundary of the veterinary clinic property. (Ord.2851,Amended,09/15/2020;Ord.2736,Amended,03/07/2017;Ord.2723,Amended,10/18/2016) 7. INDUSTRIAL USES a. Prohibited Uses in Any Industrial Zone Uses where the primary function is the storing or manufacturing of explosive materials are prohibited in the I and IP zones. b. Dry Cleaning or Laundry Plant i. In the I zone,this use shall be a minimum of 3,000 sq.ft.of gross floor area. ii. In the IP zone,this use shall contain less than 5,000 sq.ft.in gross floor area. (Ord.2723,Amended,10/18/2016;Ord.2579,Repealed and Replaced,03/20/2012) 50.03.004 ACCESSORY STRUCTURES AND USES Revised 4/23 1. ACCESSORY USESRevised 4/23 S a. General Standards i. Accessory uses are allowed in conjunction with the principal use and shall comply with the requirements of this section and all requirements for the principal use,except where specifically modified by this Code. H. A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales. iii. A guesthouse. b. Standards for Specific Uses i. Farm Stand As an accessory use,farm stands are limited to one per site with a maximum size of 800 sq.ft.floor area. ii. Home Occupation The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 112/669 50.03 USE REGULATIONS AND CONDITIONS A home occupation may be conducted where allowed by other provisions of this Code if the following conditions are continuously complied with: (1) The use does not alter the residential character of the neighborhood nor infringe upon the right of residents in the vicinity to the peaceful enjoyment of the neighborhood. (2) A current and valid business license is maintained. (3) No persons other than family members who reside at the dwelling may be employed or otherwise work in the home occupation,except persons performing housekeeping,yard maintenance,or other domestic services for the dwelling where the business occurs. (4) No outside storage of goods or materials other than vegetation. (5) No more than 25%of the aggregate floor area on the lot is devoted to nonresidential use,except that an entire dwelling unit or portion thereof may be used for short-term rental lodging;an accessory structure may be used,provided the provisions of this subsection are met. (6) Marijuana facilities are prohibited. (7) Short-term rentals shall meet the following additional standards: (a) A person who owns a lot containing a short-term rental(primary or secondary dwelling unit) must maintain their primary residence on the lot.The owner is not required to be on the lot when the dwelling is rented. (b) No other commercial uses are allowed in conjunction with or accessory to a short-term rental. The short-term rental shall not be marketed for group events such as weddings,classes,or similar events,for example. Large Animals Kept for Owner's Personal Use This use may be permitted with no commercial activity under the following conditions: (1) The lot area shall be a minimum of one acre.The total number of large animals allowed on a specific property shall be determined by dividing the total area of the property by 15,000 sq.ft.per animal over the age of six months. (2) Animal runs or barns shall not be closer than 70 ft.from the front property line and not closer than 35 ft.from a side or rear property line. (3) Animals shall be properly housed and proper sanitation shall be maintained with food,other than hay or fodder,stored in metal or other rodent-proof receptacles. iv. Restaurant In the IP zone,this use shall not exceed 2,000 sq.ft.in gross floor area and shall be co-located within a building with another permitted use.No drive-through service allowed. v. Retail In the IP zone,this use is limited to 25%of gross floor area,not to exceed 5,000 sq.ft.per business. vi. Accessory Dwelling Unit (1) Generally Applicable Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 113/669 50.03 USE REGULATIONS AND CONDITIONS An accessory dwelling unit(ADU)may be allowed in conjunction with a single-family dwelling by conversion of existing floor area,by means of an addition,or as an accessory structure on the same lot with an existing dwelling,when the following conditions are met: (a) Public services are to serve both dwelling units. (b) The maximum size of the ADU is limited to 800 sq.ft.of gross floor area,except where a portion of a dwelling existing as of August 2,2018,is converted to an ADU up to 200 sq.ft.of floor area consisting of circulation areas(halls,stairs,etc.),chimneys,and heating and ventilation systems is excluded from the gross floor area calculation. (c) No more than one additional unit is allowed. (d) The unit is in conformance with the site development requirements of the underlying zone, including any allowed adjustments and additions listed in the base zone,or is located within a lawful nonconforming structure,or the ADU is located in a structure that was previously granted a variance pursuant to LOC Article 50.08.Per LOC 50.08.002.2,a minor variance is allowed to the ADU design standards per subsection 1.b.vi(1)(e)of this section,to applicable zone dimensional standards,or to the Oswego Lake setback in order to locate an ADU on the site.Major variances and design variances solely to locate an ADU on the site are not allowed. (e) The following standards shall be met where a detached ADU is placed less than ten ft.to a property line: (i) The ADU entrance shall be placed no closer than ten ft.to any property line; (ii) A six-foot-tall sight-obscuring wood fence shall be provided along the subject property line(s),from the ADU back to the closest side/rear property corner;and (iii) Where a wall that is less than ten ft.from a property line contains window(s),the window panes on that wall shall be at least 72 inches above the finished floor of the ADU. (f) For an internal conversion ADU,the required separate entrance to the ADU shall not be placed on the front facade of the existing house.No variance to this limitation is permitted. (2) Standards for Specific Zones (a) In the R-5,R-3,R-2,and R-0 zones this use shall be associated with a detached single-family unit only. (b) In the R-15,R-10,R-7.5,R-6,and R-DD zones this use is limited to one per lot. (Ord.2909,Amended,02/07/2023;Ord.2832,Amended,01/07/2020;Ord.2815,Amended,07/16/2019;Ord.2784, Amended,07/03/2018;Ord.2732,Amended,02/21/2017;Ord.2723,Amended,10/18/2016;Ord.2526,Amended, 12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. ACCESSORY STRUCTURESRevised 4/23 S a. Structure Specific Regulations i. Pool Covers and Equipment. (1) Pool covers shall not exceed 15 ft.in height. (2) Pool equipment shall be located within an enclosed structure. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 114/669 50.03 USE REGULATIONS AND CONDITIONS ii. Parabolic antennas that have a diameter greater than 40 in.may only be placed in rear yards,on the ground, and must be screened by landscaping. iii. Except as provided in LOC 50.05.010,Sensitive Lands Overlay Districts,boathouses and docks along Oswego Lake and its canals may be placed on a property line. iv. Residential heat pumps,air conditioners or similar noise-producing mechanical equipment shall meet the required front setbacks of the zone.The equipment shall be set back from the side,street side and rear property lines as follows: (1) Interior Side Yard:5 ft. (2) Street Side Yard,Local Street:10 ft. (3) Street Side Yard,All Other:15 ft. (4) Rear:10 ft. Exception:if the minimum required side,street side,or rear setbacks of the zone are less than the setbacks listed above,then the less restrictive setback(s)shall apply. b. Reduction of Side or Rear Yard Setbacks for Accessory Structures i. Regular Lot.On a nonflag lot,a rear yard setback may be reduced to three ft.and a side yard setback may be reduced to five ft.for an accessory structure in a residential zone if the structure complies with the following criteria: (1) The accessory structure is erected more than 40 ft.from any street.For the purposes of this subsection,an alley shall not be considered a street.The side and rear setbacks for a detached garage obtaining access from an alley may be reduced to three ft.or to the degree the garage maintains access that provides an outside front wheel turning radius of at least 25 ft.,whichever is greater. (2) For an accessory structure greater than four ft.in height,the accessory structure is detached from other buildings by three ft.or more. (3) The accessory structure does not exceed a height of ten ft.nor an area of 600 sq.ft.footprint. ii. Flag Lots.A side or rear yard setback may be reduced to six ft.on a flag lot when the criteria in subsections 2.b.i(1)through(3)of this section are met. iii. The setback exception authorized by subsection 2.b.i or 2.b.ii of this section does not apply to: (1) Setbacks required by LOC 50.04.002,Special Street Setbacks; (2) Noise-producing accessory structures such as heat pumps,air conditioners,swimming pool motors, etc.; (3) Lot is zoned R-6; (4) Accessory structures used as accessory dwelling units. [Cross-Reference:LOC 50.04.001.2.e.ii—R-6 Yard Setback Standards.] (Ord.2909,Amended,02/07/2023;Ord.2784,Amended,07/03/2018;Ord.2766,Amended,02/06/2018;Ord.2732, Amended,02/21/2017;Ord.2612-A,Amended,05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 50.03.005 TEMPORARY STRUCTURES AND USES Temporary structures and uses are permitted only as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 115/669 50.03 USE REGULATIONS AND CONDITIONS 1. IN ANY ZONE a. Temporary structures and use of recreational vehicles for temporary shelter for relief of victims of a disaster or emergency. b. One temporary construction office not to exceed 1,000 sq.ft.located on the construction site.This use does not include real estate sales or promotion. c. Temporary structures and uses in conjunction with installation or maintenance of utilities. d. Upon property for which the primary existing use is other than residential,temporary uses and nonsubstantial structures*for public or nonprofit education,fund-raising,weekend fair,athletic events or jamborees/toumaments, artistic,musical/concert performances,or other similar uses,subject to obtaining a special event permit pursuant to LOC 20.06.500.Such use shall not exceed 15 days within any calendar year unless approval is granted by the City Manager,upon a determination that the public interest is not adversely affected and that the impact upon the surrounding neighborhood is minimal;in no event shall the use exceed 120 days.Any weekend fair shall occur between Friday and the following Monday,provided the number shall not exceed one in any calendar quarter. Examples of weekend fairs include Festival of the Arts and classic car shows.All produce and debris will be removed at the end of the business day.Temporary security facilities for the weekend fair,including overnight security by the occupancy of a caretaker or security personnel in trailers or recreational vehicles,is permitted. e. In addition to LOC 50.03.005.5.a,below,a tent canopy of any nature may be placed in a setback yard or special street setback of any lot for not more than three days(any portion of a day,between 12:00 a.m.and ending at 11:59 p.m.,shall be counted as a day)within any 30-day period.Tent canopies are typically composed of fabric or light metal roofs and sides,if any;they are also known as"cover-it garage,"car or boat canopy,car shed,quick-up folding canopy,and/or portable carport.Examples of these canopies are illustrated in the pictures below. II f. Portable Outdoor Storage Units(Portable On-Demand Storage).Portable outdoor storage units may be placed on a lot,including within the setback areas,for not more than 60 days(any portion of a day,between 12:00 a.m.and ending at 11:59 p.m.,shall be counted as a day)within any 12-month period. i. Six-Month Renewal with Building Permit Exception A permit for a portable outdoor storage unit may be extended by the City Manager for up to six months upon written request by a building permit holder,demonstrating the storage unit is used in conjunction with an active building permit on the site.This extension may be renewed for successive six-month periods. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 116/669 50.03 USE REGULATIONS AND CONDITIONS (Ord.2579,Repealed and Replaced,03/20/2012) 2. IN RESIDENTIAL ZONES a. Overnight use of tent or similar structure,but not a trailer or recreational vehicle,for family use within the rear yard of a dwelling. b. The showing of model or"showcase"homes,and nonsubstantial structures*for uses related thereto,within a subdivision for a fee is allowed for a period not to exceed one month,subject to obtaining a special event permit. Only one showing is allowed per phase of a subdivision. *Examples of nonsubstantial structures include:tents or three-sided booths,stages,and removable decks,secured to the ground by no more than stakes or pins,and that can be easily disassembled and removed from the site without significant damage to the site. (Ord.2579,Repealed and Replaced,03/20/2012) 3. USE OF RECREATIONAL VEHICLE AS A DWELLING UNIT PROHIBITED A recreational vehicle shall not be used as a dwelling unit.This section prohibits any use of such facilities for dwelling purposes for more than 72 hours in any seven-day period. (Ord.2579,Repealed and Replaced,03/20/2012) 4. IN COMMERCIAL AND INDUSTRIAL ZONES The following temporary uses are permitted in commercial and industrial zones.Business licenses are required for all temporary commercial activities. a. A tent,trailer or other portable structure for sales,promotional or educational events;such use shall not exceed two consecutive weeks and a total of 14 days(any portion of a day,between 12:00 a.m.and ending at 11:59 p.m.,shall be counted as a day)in any six-month period. b. Seasonal retail sales as detailed below: i. Christmas tree sales from November 26 to December 31. ii. Outdoor restaurant uses in conjunction with an existing indoor year-round restaurant.No additional parking is required for the outdoor use. iii. "Pushcart"vendors in the EC and GC zones.Food vendors will have all required Health Department licenses and certificates.Such uses limited to food and flowers. c. In the GC and EC zones,one sidewalk sale,not exceeding three days during each calendar quarter,when located in area abutting the seller's permanent business. d. A tent or similar temporary structure for restaurant seating or customer waiting,pickup or drop-off area, but excluding merchandise display,sales(other than food and drink),and promotional and educational events; such use shall be set back no less than ten feet from any residential zone,except where a larger setback is required for compliance with fire and life safety codes,and is limited to the months of October through May and not more than 180 consecutive days during years when Lake Oswego businesses are subject to an emergency or temporary State regulation related to the COVID-19 pandemic.Any lighting within the tent or similar temporary structure shall be directed downward and shielded or screened to prevent lighting off- premises areas. (Ord.2879,Amended,11/16/2021;Ord.2856,Amended,01/19/2021;Ord.2853,Amended,11/03/2020;Ord.2851, Amended,09/15/2020;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 117/669 50.03 USE REGULATIONS AND CONDITIONS 5. IN COMMERCIAL,INDUSTRIAL,AND PF/PNA ZONES 111) The following temporary uses are permitted in commercial,industrial,and PF/PNA zones.Business licenses are required for all temporary commercial activities. 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.to 5:00 p.m.on Sundays. ii. Weekdays:On one designated weekday from 8:00 a.m.to 4:00 p.m. iii. Special Event Permit:Subject to obtaining a special event permit pursuant to LOC 20.06.500. iv. Products:The type of products sold may include additional products,such as art,crafts,and food for consumption at the market,so long as such nonproduce sales are secondary to the market's sale of produce. v. Location:"Saturday Market"uses are allowed only in nonresidential zones within the following districts and overlays and may occur one at the same time in each district or overlay:Downtown Redevelopment Design District(see Figure 50.05.004-A),Lake Grove Village Center Overlay(see Figure 50.05.007-A)or Southwest Overlay District(see Figure 50.05.008-A). vi. Parking:Markets shall have sufficient parking on site or shall arrange to utilize the parking areas of an adjacent business. vii. Cleanup:All produce and debris will be removed at the end of the business day. b. Fairs,carnivals,and other similar major public gatherings,and nonsubstantial structures*for uses related thereto,not to exceed 30 days in any 12-month period,and subject to the"Saturday Market"criteria above regarding special event permit,location,and cleanup.Major public gatherings shall have sufficient parking on site or shall arrange to utilize the parking areas of an adjacent business and/or provide a shuttle service from remote parking lots. Temporary security facilities for the fair,carnival,or other major public gathering,including ovemight security by the occupancy of a caretaker or security personnel in trailers or recreational vehicles,is permitted. *Examples of nonsubstantial structures include:tents or three-sided booths,stages,and removable decks,secured to the ground by no more than stakes or pins,and that can be easily disassembled and removed from the site without significant damage to the site. (Ord.2884,Amended,04/05/2022;Ord.2783,Amended,06/19/2018;Ord.2723,Amended,10/18/2016;Ord.2579, Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 118/669 LOC 50.04:DIMENSIONAL STANDARDS LOC 50.04:DIMENSIONAL STANDARDS Revised 4/23 50.04.001 DIMENSIONAL TABLE Revised 4/23 50.04.002 SPECIAL STREET SETBACKS 50.04.003 EXCEPTIONS,PROJECTIONS,AND ENCROACHMENTS Revised 4/23 50.04.004 SOLAR ADJUSTMENTS 50.04.001 DIMENSIONAL TABLERevised 4/23 S The following dimensional regulations apply to the base zones as identified in each table.These dimensions may have exceptions or modifications as identified in LOC 50.04.003.1,Additional Dimensional Exceptions. 1. RESIDENTIAL LOW DENSITY ZONESRevised 4/23 S a. Dimensional Standards Development in the R-7.5,R-10,and R-15 zones shall conform to the dimensional standards in Table 50.04.001-1 except as modified below. TABLE 50.04.001-1:RESIDENTIAL LOW DENSITY ZONES DIMENSIONS 45) R-7.5 R-10 R-15 Comments/Additional Standards DENSITY 50.04.001.1.6 Minimum[1] 80%of max 80%of max 80%of max Maximum(units/acre) [2] [2] [2] MIN.LOT DIMENSIONS[3] 50.04.001.1.c Single-Family,Duplex,Triplex,Quadplex, and Cottage Cluster Developments; Townhouse Projects Area(sq.ft.) 7,500 10,000 15,000 Width(ft.) 50 65 80 Except PD[3] Depth(ft.) Townhouses(one per lot) Area(sq.ft.) 1,500 1,500 1,500 Width(ft.) 15 15 15 Depth(ft.) MAX.FLOOR AREA[7][8] 50.04.001.1.d Base Calculation: Additional floor area allowance per primary residential unit providing a garage(sq.ft.) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 119/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-1:RESIDENTIAL LOW DENSITY ZONES DIMENSIONS R-7.5 R-10 R-15 Comments/Additional Standards 3,000 sq.ft.+[(actual lot size—5,800 sq.ft.)x 600 750 850 0.19] YARD SETBACKS 50.04.001.1.e Primary Structure Front(ft.) 25 25 25 Side Adjacent to Street(ft.) Arterial/Collector 20 20 20 Local 15 15 15 Interior Side(ft.) Total 15,5 min. 10 10 Rear(ft.) 30 30 30 Accessory Structure Front(ft.) 25 25 25 Side Adjacent to Street(ft.) Arterial/Collector 20 20 20 Local 15 15 15 Side 5 10 10 Height 5 18 ft. Rear 10 15 15 Side 5 10 10 Height>18 ft. Rear 15 15 15 Cottage Clusters Front(ft.) 10 10 10 Interior Side/Side Adjacent to 10 10 10 Street(ft.) Rear(ft.) 10 10 10 MAX.LOT COVERAGE 50.04.001.1.f MAX.BASE HEIGHT(FT.) Primary Structure [4] [4] [4] 50.04.001.1.g Flat Lot 28 30 35 Lot with Sloping Topography 28—32[5] 30—34[5] 35 Footprint,Sloped 35 35 35 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 120/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-1:RESIDENTIAL LOW DENSITY ZONES DIMENSIONS R-7.5 R-10 R-15 Comments/Additional Standards Lesser of 24 ft.or Lesser of 24 ft.or Lesser of 24 ft.or Accessory Structure height of roof form of height of roof form of height of roof form of 50.04.001.1.g[6] primary structure primary structure primary structure Additional Standards and Modifications 50.04.001.1.b—g [I]When subdivisions are proposed,the number of lots required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone,and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this section are subject to the exceptions contained in LOC 50.04.003.10,Exceptions to the Minimum Density Requirement for All Zones. [2]Net developable area divided by the minimum lot area per unit and rounded down to the nearest whole number. The actual density allowed on a site will be determined at the time of development review.Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards.Duplexes,triplexes,quadplexes,and cottage cluster developments are exempt from maximum density standards.For townhouse projects,the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [3]Up to a 25%reduction in minimum required lot area for each dwelling unit shall be allowed to permit the relocation of a designated historic landmark,when relocation has been approved by the designated hearing body. [4]Base building height of single-family and middle housing dwellings maybe increased by one ft.for every five additional ft.in yard setback on all sides. [5]Maximum base height across the site shall be established by a flat plane measured at 28 ft.(R-7.5 zone)or 30 ft. (R-10 zone)above the highest point of the natural ground surface within the building envelope,unless the natural ground surface is lowered,in which case the height is measured from the lowered ground surface per the definition of"height of building"in LOC 50.10.003.2.In no case shall the base height exceed 32 ft.(R-7.5 zone)or 34 ft.(R-10 zone).See Figure 50.04.001-A:Height Adjustment for Sloping Topography. [6]Building height exceptions shall not exceed the building height of the primary structure. [7]Cottage cluster developments are exempt from maximum floor area standards,but maximum average floor area standards shall be applied to individual cottage cluster dwellings.See LOC 50.04.001.1.d.iv,Maximum Average Floor Area of Units in a Cottage Cluster,and LOC 50.03.003.1.d,use-specific standards for cottage clusters. [8]Maximum floor area standards for townhouses shall be applied to a townhouse project,and not to individual townhouse lots or dwellings.See also LOC 50.04.001.1.d.v,Maximum Floor Area of Townhouses. [Cross-References:Height Limitation:see Charter Section 46A for 50 ft.Maximum Height of Structures in Residential Areas;Height Measure: see LOC 50.04.003.4,General Exception to Structure Height Limitations.] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 121/669 LOC 50.04:DIMENSIONAL STANDARDS Figure 50.04.001-A:Height Adjustment for Sloping Topography rpm.ar+, owild COMM MR .�.o. b. Density—Additional Standards There are no additional standards for density in this section. c. Lot Dimensions—Additional Standards There are no additional standards for lot dimensions in this section. d. Floor Area—Additional Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 122/669 LOC 50.04:DIMENSIONAL STANDARDS i. Floor Area of Garages and Accessory Structures (1) Garage and Accessory Structures Included in Calculation For purposes of calculating maximum floor area for dwellings in the R-7.5,R-10,and R-15 zones,the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section. (2) Exceptions Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations: (a) For lots less than or equal to 10,000 sq.ft.in area—up to 200 sq.ft. (b) For lots greater than 10,000 sq.ft.in area—up to 400 sq.ft. ii. Maximum Floor Area of Accessory Structures An accessory structure<18 ft.in height shall not exceed a total 800 sq.ft.in size,or the square footage of the footprint of the primary structure,whichever is less.An accessory structure>18 ft.in height shall not exceed a total 600 sq.ft.in size or the square footage of the footprint of the primary structure,whichever is less. iii. Maximum Floor Area of Nonresidential Structures Maximum floor area for uses other than residential structures and their accessory structures shall be as follows: (1) Conditional uses:Established as part of the conditional use process. (2) Other nonresidential uses:No greater than 1:1. iv. Maximum Average Floor Area of Units in a Cottage Cluster Maximum average floor area for dwelling units within a cottage cluster development shall be as follows: R-7.5:1,000 sq.ft. R-10 and R-15:1,200 sq.ft. v. Maximum Floor Area of Townhouses Maximum floor area standards for townhouses shall be applied to a townhouse project,and not to individual townhouse lots or dwellings. e. Yard Setback—Additional Standards i. Zero Lot Line Units Two lots that have zero lot line units are considered a unified site for the purposes of meeting all required setbacks. ii. Planned Development Setbacks for a planned development will be determined at the time of review.The maximum setback that can be required is 35 ft. iii. Special Setbacks for Steeply Sloped Lots The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 123/669 LOC 50.04:DIMENSIONAL STANDARDS On steeply sloped lots the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft. iv. Corner Lots Front lot lines on corner lots may face either street.The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots,the ability to meet setbacks without variances,and physical site or solar access limitations.Street access should be to local streets. v. Measurement of Side Yard Setback For purposes of this section,the width of the side yard setback shall be measured from that portion of the side property line that is nearest to any portion of the structure to that portion of the structure. vi. Common Party Walls Prohibited—Accessory Structures Except for boathouses within the Oswego Lake setback,accessory structures on abutting lots may not be built with common party walls. vii. Cottage Cluster Building Separation Cottages shall be separated from each other by a minimum distance of ten ft. f. Lot Coverage—Standards i. Maximum Lot Coverage Maximum lot coverage for the R-7.5,R-10,and R-15 districts shall be based on the"height of building"as defined in LOC 50.10.003.2,as follows: FABLE 50.04.001-2:RESIDENTIAL LOW DENSITY LOT COVERAGES Height(ft.)of primary Maximum Lot Coverage(%) structure R-7.5 R-10 R-15 22 or less 35 35 35 >22 to 23 33 34 34 >23 to 24 30 32 33 >24 to 25 28 30 32 >25 to 26 25 28 30 >26 to 27 25 27 29 >27 to 28 25 25 28 >28 to 29 25 25 27 >29 to 30 25 25 25 >30 to 31 25 25 25 >31 to 32 25 25 25 >32 to 33 25 25 25 >33 to 34 25 25 25 >34 25 25 25 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 124/669 LOC 50.04:DIMENSIONAL STANDARDS (1) Cottage clusters are exempt from maximum lot coverage standards. (2) Maximum lot coverage standards shall be applied to a townhouse project,and not to individual townhouse lots or dwellings. il. Special Requirements for Schools (1) Lot coverage shall not exceed 30%for a school built to accommodate at least 100 students and that has at least two grades within the range of K-12; (2) Lot coverage shall not exceed 30%for a mixed use development that includes a school built to accommodate at least 100 students and that has at least two grades within the range of K-12; iii. Garage Footprint Exemption The garage footprint,including any area directly above or below the garage,shall be exempt from lot coverage as provided below: (1) Up to a cumulative maximum of 200 sq.ft.shall be exempt for garages that are: (a) Rear-or side-loading,or (b) Located 20 ft.or more back from the closest point of the dwelling to the front lot line,or (c) In the case of corner lots,20 ft.or more back from the closest point of the dwelling to the front and street side lot lines. (2) Up to a cumulative maximum of 400 sq.ft.shall be exempt for a detached garage that meets subsection 1.f iii(1)of this section,and the lot is greater than 10,000 sq.ft.in area. g. Height—Additional Standards A greater height than otherwise permitted is allowed for: i. Single-Family Dwellings and Middle Housing Base building height may be increased by one ft.for every five additional ft.in yard setback on all sides, beyond the minimum code standards provided in Table 50.04.001-1 above. ii. Any Structure Roof forms or architectural features(such as cupolas or dormers)of any structure provided that these roof forms or features: (1) Do not extend more than six ft.above the maximum specified base height; (2) Do not,in total,exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections;and (3) Do not,in total,cover more than 20%of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30%for multiple roof forms or projections. Examples of permitted exceptions are illustrated in Figure 50.04.001-B:Height Exceptions. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 125/669 LOC 50.04:DIMENSIONAL STANDARDS Figure 50.04.001-B:Height Exceptions .--- ----- -- • R,aiimi•m Rau MPEI[ Ir,di,ndUs Rooffr,rm-PlanVIss Llultlpl0itaolrains-Wan 5iiuJ =t'J.51 s rf]HF [Cross-References:Height Limitation:see Charter Section 46A for 50 ft.Maximum Height of Structures in Residential Areas; Height Measure:see LOC 50.04.003.4,General Exception to Structure Height Limitations.] (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2732,Amended,02/21/2017;Ord. 2612-A,Amended,05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. RESIDENTIAL MEDIUM DENSITY ZONESRevised 4/23 a. Dimensions The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 126/669 LOC 50.04:DIMENSIONAL STANDARDS Development in the R-DD,R-5,and R-6 zones shall conform to the dimensional standards in Table 50.04.001-3 except as modified below: TABLE 50.04.001-3:RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS R-6 R-5 R-DD Comments/Additional Standards DENSITY 50.04.001.2.6 SF Subdivisions 5 lots/acre; Minimum[1] 80%of max 80%of max Duplex Subdivisions:10 units/acre; Multi-Family Subdivisions:14 units/acre Maximum(units/acre) — [2] [2],[3] MIN.LOT 50.04.00 L2.c DIMENSIONS Single-Family,Duplex and Triplex Dwellings; Townhouse Projects Area(sq.ft.) 6,000 5,000 5,000[4] Except PD Width(ft.) 50 Cottage Clusters and Quadplexes Area(sq.ft.) 7,000 7,000 7,000 Width(ft.) 50 Townhouses(one per lot) Area(sq.ft.) 1,500 1,500 1,500 Width(ft.) 15 15 15 MAX.FLOOR AREA[6] 50.04.001.2.d Lot k 5,000 sq.ft. 2,850 sq.ft.+[(actual lot R-5 and R-6 districts: 2,750 sq.ft.+[(actual lot size—5,000 sq.ft.)x 0.28] +500 sq.ft.floor area size—6,000 sq.ft.)x 0.19] allowance per primary Lot<5,000 sq.ft. residential unit providing a garage 2,850 sq.ft.+[(actual lot size—5,000 sq.ft.)x 0.48] YARD SETBACKS See 50.04.001.2.e MAX.LOT COVERAGE See 50.04.001.2.f MAX.BASE HEIGHT (FT.) 50.04.001.2.g Primary Structure 28 28 Flat Lot 28 28 Lot with Sloping 28—32[5] 28—32[5] Topography The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 127/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-3:RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS R-6 R-5 R-DD Comments/Additional Standards Footprint,Sloped 32 35 Accessory Structure Lesser of 24 ft.or height of Lesser of 24 ft.or height of roof form of primary roof form of primary 28 structure structure [1]When subdivisions are proposed in the R-5 and R-6 zones or multi-family development is proposed in the R5 zone,the number of lots or dwelling units required shall be determined by dividing the net developable area by the minimum lot size per unit required in the underlying zone,and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this section are subject to the exceptions contained in LOC 50.04.003.10,Exceptions to the Minimum Density Requirement for All Zones.When subdivisions are proposed in the R-DD zone,the density is computed by multiplying the net developable area by either five,ten,or 14 per the applicable type of development. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. [2]Net developable area divided by the minimum lot area per unit and rounded down to the nearest whole number. The actual density allowed on a site will be determined at the time of development review.Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards.Duplexes,triplexes,quadplexes,and cottage clusters in residential zones are exempt from maximum density standards.For townhouse projects in residential zones,the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [3]R-DD zone maximum density expressed in number of dwelling units per net developable area is computed by dividing the net developable area by 2,000 sq.ft.and rounding down to the nearest whole number.Duplexes, triplexes,quadplexes,and cottage clusters in the R-DD zone are exempt from maximum density standards.For townhouse projects in the R-DD zone,the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [4]Except for structures that have been determined by the State or National Register of Historic Places as being of historic significance. [5]Lots with sloping topography—Maximum base height across the site shall be established by a flat plane measured at 28 ft.above the highest point of the natural ground surface within the building envelope,unless the natural ground surface is lowered,in which case the height is measured from the lowered ground surface per the definition of"height of building"in LOC 50.10.003.2.In no case shall the base height exceed 32 ft.See Figure 50.04.001-A:Height Adjustment for Sloping Topography. [6]Cottage cluster developments are exempt from maximum floor area standards,but maximum average floor area standards shall be applied to individual cottage cluster dwellings.See LOC 50.04.001.2.d.iv,Maximum Average Floor Area of Units in a Cottage Cluster,and LOC 50.03.003.1.d,use-specific standards for cottage clusters. [Cross-Reference:Height Limitation:see Charter Section 46A for 50 ft.Maximum Height of Structures in Residential Areas;LOC 50.04.003.4, General Exception to Structure Height Limitations;LOC 50.06.001.5.b.] b. Density—Additional Standards In the R-5 and R-DD zones,applicants may request up to a 25%density bonus for public agency rental housing projects.In the R-5 zone this request is processed as a conditional use and may not include residential care housing or accessory dwelling units.In the R-DD zone this may not include accessory dwelling units. c. Lot Dimensions—Additional Standards i. PD Designation (1) R-5 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 128/669 LOC 50.04:DIMENSIONAL STANDARDS For projects reviewed for approval as planned developments,pursuant to LOC 50.07.007.4,Planned Development Overlay,there is no required minimum lot area.Units may be placed on any portion of the site as long as the project complies with other requirements of this Code. (2) R-6 (a) Lot sizes and dimensions may be reduced for projects reviewed as planned developments and as provided by subsection b,below.However,the overall density allowed on the site may not be exceeded except as allowed by subsection 2.c.i(2)(b)of this section. (b) Up to a 25%reduction in minimum required lot area for each dwelling unit shall be allowed in the R-6 zone to permit the relocation of a designated historic landmark,when relocation has been approved by the designated hearing body in conformance with the provisions of LOC 50.07.004.4. ii. R-5,R-6,and R-DD with Sensitive Lands Designation For projects on properties subject to a Sensitive Lands designation,lot areas may be modified as provided in LOC 50.05.010,Sensitive Lands Overlay Districts. d. Floor Area—Additional Standards i. Both R-5 and R-6 Zones (1) For purposes of calculating maximum floor area for dwellings,the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section. (2) Maximum FAR for uses other than residential uses and their accessory uses shall be as follows: (a) Conditional uses:established as part of the conditional use process. (b) Other nonresidential uses:No greater than 1:1. ii. R-5 Zones (1) Garages Floor area of attached garage located at the rear of the primary structure or for side-loading garages—up to 200 sq.ft.is exempt from floor area. (2) Garages and Other Accessory Structures Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations as follows: (a) For lot sizes up to 10,000 sq.ft.—up to a cumulative maximum of 200 sq.ft. (b) For lot sizes greater than 10,000 sq.ft.—up to a cumulative maximum of 400 sq.ft. R-6 Zones (1) Habitable Areas of Accessory Structures Provided only one garage is located on the site,habitable areas of detached accessory structures that would normally be counted as floor area for purposes of floor area calculations shall be exempt as follows in the floor area calculations,as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 129/669 LOC 50.04:DIMENSIONAL STANDARDS (a) For lots less than or equal to 10,000 sq.ft.in area—up to 200 sq.ft. (b) For lots greater than 10,000 sq.ft.in area—up to 400 sq.ft. (2) Size of Accessory Structures An accessory structure<18 ft.in height shall not exceed a total of 800 sq.ft.in size or the square footage of the footprint of the primary structure,whichever is less.An accessory structure>18 ft.in height shall not exceed a total of 600 sq.ft.or the square footage of the footprint of the primary structure,whichever is less. iv. R-6,R-5,and R-DD Zones (1) Maximum Average Floor Area of Units in a Cottage Cluster Maximum average floor area for dwelling units within a cottage cluster development shall be 1,000 sq.ft. e. Yard Setback—Additional Standards i. R-5 Yard Setback Standards (1) Required Setbacks TABLE 50.04.001-4:YARD SETBACK REQUIREMENTS Structure Type Front(ft.) Side(ft.) Rear(ft.) Attached Dwellings, 10—Exterior Wall Including Duplexes, 10 10 Triplexes,Quadplexes,and 0—Attached Wall Townhouse Projects Detached Dwelling 5—Side Yard 20 20 10—Street Side Yard Cottage Clusters 10 10 10 Other Types of Primary Structures and All 10 10 10 Accessory Structures (2) Additional Setback Standards and Modifications (a) Where a lot zoned R-5 abuts a lot zoned R-6,7.5,10,or 15,the building on the R-5 lot shall be set back from the common line a distance equal to the required R-5 yard setback or the height of the primary building on the R-5 lot,whichever is greater. (b) Special Setbacks for Steeply Sloped Lots On steeply sloped lots,the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft. ii. R-6 Yard Setback Standards (1) Required Setbacks The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 130/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-5:MINIMUM YARD SETBACKS—R-6 ZONE Primary Structures Cottage Clusters Accessory Structures Other Accessory Garage-Vehicle (ft.) (ft.)[11 Structures(ft.) Opening(ft.) Front 20[3] 10 20[3] 20[3] 15[2] Side Adjacent to a Arterial/Collector:20; 10 Arterial/Collector.20; Arterial/Collector:20 Arterial/Collector:20; Street Local:7.5 Local:7.5 Local:7.5 Local:15 Side 7.5—Exterior Wall 10 5 7.5 7.5 0—Attached Wall Rear 15 10 5 15 15 Notes: [1]<600 sq.ft.and with walls<10 ft.in height below the eave. [2]Behind the front building line of the house(excluding a porch). [3]On corner lots,the front setback shall be measured on the narrow street frontage. (2) Additional Setback Standards and Modifications (a) A projecting covered front porch may extend into the front yard setback up to six ft. (b) Additions to primary and accessory structures built before July 1,2010,are subject to the following minimum side yard setbacks: TABLE 50.04.001-6:MINIMUM SIDE YARD SETBACKS Structures 5 18 ft.in height Structures>18 ft.in height 5 ft.minimum width on a side,15 ft.cumulative,except a multi- story structure may have a smaller side yard setback than required 5 ft. by this section where the ground floor is set back a minimum of 5 ft.and the remainder of the stmcture is stepped back from the building line by at least 4 ft.on each side. iii. R-DD Yard Setback Standards (1) Required Setbacks (a) Except as otherwise provided in this section,the required setback in the R-DD zone is ten ft. (b) Structures shall be set back from a street right-of-way line a minimum of ten ft.,or such greater distance required to accommodate off-street parking. (i) Exception On lots abutting Durham Street,front yard setbacks for new structures may be reduced to three ft.for up to 50%of the building facade along Durham Street.The remaining 50%of the building may be between five ft.and ten ft.from the front property line. (2) Additional Standards and Modifications (a) Zero Lot Line Unit Setbacks The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 131/669 LOC 50.04:DIMENSIONAL STANDARDS (i) Zero lot line units must comply with all required setbacks except for the area of the common wall or walls. (b) Landscape Buffer Required Where a lot zoned R-DD abuts a lot zoned EC or R-0/EC,a landscaped buffer a minimum of five ft.in width is required on the lot zoned R-DD in the setback area abutting the EC or R-0/EC zone.The purpose of the landscaped area is to provide a vegetative screen.Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening. (3) Multi-Family Dwelling Development in R-DD (a) When a new multi-family development or the expansion or reconstruction of an existing multi- family development occurs in an R-DD zone subject to minor development review which abuts an existing less intensive residential use,the proposed multi-family structure shall be set back from the boundary of the less intensive use by at least the amount of feet equal to the height of the multi-family structure. (b) Developments subject to subsection 2.e.iii(3)(a)of this section shall provide a landscaped area at least five ft.wide within the setback area abutting the less intensive use.The purpose of the landscaped area is to provide a vegetative screen.Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening. (4) Corner Lots Front lot lines on corner lots may face either street.The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots,the ability to meet setbacks without variances,and physical site or solar access limitations.Street access should be to local streets. iv. Cottage Cluster Building Separation in the R-6,R-5 and R-DD Zones Cottages shall be separated by a minimum distance of ten ft. f. Lot Coverage/Impervious Surfaces—Additional Standards i. R-5 Lot Coverage (1) Maximum Lot Coverage (a) The following maximum lot coverage percentages are applicable to townhouse projects and single-family detached,duplex,triplex,and quadplex structures in the R-5 zone and shall be based on the"height of building"as defined in LOC 50.10.003.2,as follows: TABLE 50.04.001-7:R-5 MAXIMUM LOT COVERAGE Height(ft.) Maximum Lot Coverage(%) 22 or less 45 >22 to 25 42 >25 to 28 38 >28 to 30 35 >30 35 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 132/669 LOC 50.04:DIMENSIONAL STANDARDS (b) Cottage clusters and individual townhouse lots are exempt from maximum lot coverage standards. (c) The maximum lot coverage for all other structures in the R-5 zone is 50%. (2) Garage Footprint Exemption The garage footprint,including any habitable area directly above or below the garage,shall be exempt from lot coverage as provided below: (a) Up to a cumulative maximum of 200 sq.ft.shall be exempt for garages that are: (i) Rear-or side-loading;or (ii) Located 20 ft.or more back from the closest point of the dwelling to the front lot line;or (iii) In case of corner lots,20 ft.or more back from the closest point of the dwelling to the front and street side lot lines. (b) Up to a cumulative maximum of 400 sq.ft.shall be exempt for a detached garage that meets subsection 2.f.i(2)(a)of this section,and the lot is greater than 10,000 sq.ft.in area. (3) Detached Accessory Structures Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows: (a) For lots less than or equal to 10,000 sq.ft.in area—up to 200 sq.ft. (b) For lots greater than 10,000 sq.ft.in area—up to 400 sq.ft. ii. R-6 Lot Coverage/Impervious Surfaces (1) Lot coverage in the R-6 zone shall be based on the"height of building"as defined in LOC 50.10.003.2,and shall not exceed the following: TABLE 50.04.001-8:LOT COVERAGE IN THE R-6 ZONE Lot size in Height of Structure sq.ft. 20'or less >20'to 21' >21'to 22' >22'to 23' >23'to 24' >24'to 25' >25'to 26' >26'to 27' >27' 7,000 or less 45% 43% 42% 40% 38% 36% 35% 35% 35% >7,000— 36% 36% 36% 36% 36% 36% 35% 34% 33% 8,500 >8,500— 35% 35% 35% 35% 34% 33% 32% 31% 30% 10,000 >10,000— 35% 35% 35% 33% 31% 30% 29% 28% 27% 11,500 >11,500 35% 34% 33% 30% 28% 27% 25% 25% 25% (2) No more than 60%of the lot may be covered with impervious surfaces. (3) Provided it is the only garage on the site,the garage footprint,including any habitable area above or below the garage,of a detached garage area shall be exempt from lot coverage calculations as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 133/669 LOC 50.04:DIMENSIONAL STANDARDS (a) Up to a cumulative maximum of 200 sq.ft.for lots less than or equal to 10,000 sq.ft.in area. (b) Up to a cumulative maximum of 400 sq.ft.for lots greater than 10,000 sq.ft.in area. (4) Cottage clusters are exempt from maximum lot coverage standards. (5) Maximum lot coverage standards shall be applied to a townhouse project,and not to individual townhouse lots or dwellings. iii. R-DD Lot Coverage (1) The following maximum lot coverage shall be permitted in the R-DD zone: TABLE 50.04.001-9:R-DD MAXIMUM LOT COVERAGE Dwelling Type Maximum Lot Coverage Single-Family Detached 35% Middle Housing 45% Multi-Family Dwelling 55% (2) Impervious surface coverage shall be limited to a maximum of 60%in the R-DD zone for all structures other than cottage clusters.See LOC 50.03.003.1.d.ii(1)for maximum impervious surface coverage standards applicable to cottage clusters. (3) Cottage clusters are exempt from maximum lot coverage requirements of the zone. (4) Maximum lot coverage standards shall be applied to a townhouse project,and not to individual townhouse lots or dwellings. g. Height—Additional Standards i. R-5 Height Restrictions for Primary Structures (1) Projects Greater Than One-Half Acre For attached development in the R-5 zone,the primary structure height shall not exceed: No.of Primary Structures on Maximum Base Height for Primary Site Structures One: 50 ft. Two ar more: 40 ft.average,with no individual primary structure exceeding 50 ft.base building height. (2) Base Height Except as provided in subsections 2.g.i(1),2.g.i(4)and 2.g.ii of this section,the base height of a structure in the R-5 zone shall not exceed: (a) Flat Lots—28 ft. (b) Lots with Sloping Topography—See subsection 2.g.iii of this section. (c) Sloped Lots—35 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 134/669 LOC 50.04:DIMENSIONAL STANDARDS (3) In the R-5 zone,a structure shall not exceed the base height standards set forth in subsection 2.g.i(2) of this section if the structure is closer than 60 ft.to a lot carrying a residential designation other than R-0, R-3,or R-5. (4) Exceptions to Base Building Height A greater height than otherwise permitted is allowed for single-family and middle housing dwellings— building height may be increased by one ft.for every five additional ft.in yard setback on all sides, beyond the underlying zone code standards provided in subsections 2.g.i(1)and(2)of this section. ii. Exceptions to the Base Building Height Applicable to All Zones and to Projects Greater Than One- Half Acre in R-5 Zone A greater height than otherwise permitted is allowed for roof forms,or architectural features,such as cupolas or dormers;provided,that these roof forms or features: (1) Do not extend more than six ft.above the maximum specified base height; (2) Do not,in total,exceed one-third of the width of the building for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections,as measured on any elevation drawing;and (3) Do not,in total,cover more than 20%of the roof area on which they are located,as viewed from directly above for an individual roof form or projection or 30%for multiple roof forms or projections. Examples of permitted exceptions are illustrated in Figure 50.04.001-B. iii. R-5 and R-6 Height Exceptions and Adjustments (1) Height Adjustment for Sloping Topography Base building height across the site shall be established by a flat plane measured at 28 ft.above the highest point of the natural ground surface within the building envelope,unless the natural ground surface is lowered,in which case the height is measured from the lowered ground surface per the definition of "height of building"in LOC 50.10.003.2.In no case shall the base height exceed 32 ft.See Figure 50.04.001-A:Height Adjustment for Sloping Topography. iv. R-DD Additional Height Standards (1) Primary Structures Average height may increase to 40 ft.over the entire site,with no individual structure exceeding 50 ft.,in the following circumstances: (a) The lot or lots developed are one-half acre or greater in area;and (b) 25%or more of the gross site area is constrained by steep slopes,floodplain,or mapped Sensitive Lands;and (c) Any portion of structures taller than 35 ft.is set back at least 50 ft.from a public street. (2) Detached Single-Family Dwelling and Middle Housing/Greater Height Due to Greater Setback In addition to the building base height exceptions in this section,the building base height for detached single-family dwellings and middle housing maybe increased by one ft.for every five additional ft.in yard setback on all sides,beyond the minimum code standards for the zone. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 135/669 LOC 50.04:DIMENSIONAL STANDARDS (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2784, Amended,07/03/2018;Ord.2732,Amended,02/21/2017;Ord.2687,Amended,12/15/2015;Ord.2668,Amended, 12/01/2015;Ord.2648,Amended,02/17/2015;Ord.2643,Amended,11/04/2014;Ord.2612-A,Amended, 05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. RESIDENTIAL HIGH DENSITY ZONESRevised 4/23 a. Dimensions Development in the R-W,R-3,R-2,and R-0 zones shall conform to the development standards in Table 50.04.001- 11 except as modified below: TABLE 50.04.001-11:RESIDENTIAL HIGH DENSITY ZONES DIMENSIONS R-W R-3 R-2 R-0[6] Comments/Additional Standards DENSITY 50.04.001.3.6 Minimum 80%of max.[I] 80%of max.[I] 12 lots or 201ots or units/acre[2] units/acre[2] Maximum(units/acre) [3] [3] MIN.LOT DIMENSIONS 50.04.001.3.c Single-Family and Duplex Dwellings;Townhouse Projects Area(sq.ft.) 3,375 3,375 No min. No min. No min.for PD Triplexes Area(sq.ft.) 5,000 5,000 5,000 5,000 Cottage Clusters and Quadplexes Area(sq.ft.) 7,000 7,000 7,000 7,000 Townhouses(one per lot) Area(sq.ft.) 1,500 1,500 1,500 1,500 Multi-Family Dwellings Area(sq.ft.) — 3,375 — No min. Per Dwelling — 3,375 — No min. MAX.FLOOR AREA[7] 50.04.001.3.c Residential No max. 1:1 1.2:1 1.2:1 Conditional Use Established as part of the conditional use process Nonresidential 1:1 1:1 1:1 1:1 MAX.LOT COVERAGE 50.04.001.3.d 50.10.003.2 Lot Coverage ]00 50 Table 50.04.001- 55 See Definition"Height 12 of Building" YARD SETBACKS 50.04.001.3.e The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 136/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-11:RESIDENTIAL HIGH DENSITY ZONES DIMENSIONS 1.11 R-W R-3 R-2 R-0[6] Comments/Additional Standards Primary Dwelling(Detached) Front(ft.) 0 20 20 Side Adjacent to Street(ft.) 0 10 Table 50.04.001- 10 Side(ft.) 0 5 13 5 Rear(ft.) 0 20 20 Primary Dwelling(Attached) Front 0 10 10 10(exterior wall); Table 50.04.001- Side 0 0(attached wall) 13 10 Rear 0 10 10 Other Types of Primary Structures and All Accessory Structures Front(ft.) 0 10 10 Side Adjacent to Street(ft.) 0 Arterial/Collector 0 Table 50.04.001- Local 0 13 Side 0 10 10 Height Rear 0 10 10 Cottage Clusters Front(ft.) 0 10 10 Interior Side/Side Adjacent to Street 0 10 Table 50.04.001- 10 ) ft 13 Rear(ft.) 0 10 10 MAX.BASE HEIGHT(FT.) 50.04.001.3.f Flat Lot 28 28 28 Lots with Sloping Topography 28—32[4] 28—32[4] 28—32[4] Footprint,Sloped 35 35 35 From Oswego Lake Surface Elevation 25/27[5] Lesser of 24 ft.or Lesser of 24 ft.or Lesser of 24 ft.or Accessory Structure height of roof height of roof height of roof form of primary form of primary form of primary structure structure structure [II When subdivisions are proposed in the R-W and R-3 zones or multi-family development is proposed in the R-3 zone,the number of lots or dwelling units required shall be determined by dividing the net developable area by the minimum lot size or units required in the underlying zone,and multiplying this number by 0.8.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003,Exceptions, Projections,and Encroachments. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 137/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-11:RESIDENTIAL HIGH DENSITY ZONES DIMENSIONS R-W R-3 R-2 R-0[6] Comments/Additional Standards [2]When subdivisions are proposed in the R-2 or R-0 zones or multi-family development is proposed in the R-0 zone,minimum density is computed by multiplying the net developable area by either 20 or 12 per the applicable zone.The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5.The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003,Exceptions,Projections and Encroachments. [3]Computed by dividing the net developable area by the minimum lot arm per unit and rounding down to the nearest whole number.Duplexes,triplexes,quadplexes,and cottage clusters are exempt from maximum density standards.For townhouse projects,the maximum density is four dwelling units per equivalent minimum lot area required per single-family dwelling in that zone. [4]Maximum base height across the site shall be established by a flat plane measured at 28 ft.above the highest point of the natural ground surface within the building envelope,unless the natural ground surface is lowered,in which case the height is measured from the lowered ground surface per the definition of"height of building"in LOC 50.10.003.2.In no case shall the base height exceed 32 ft.See Figure 50.04.001-A:Height Adjustment for Sloping Topography. [5]For any portion of the lot above the Oswego Lake surface elevation,maximum building height shall not exceed 25 ft.For any portion of the lot at or below the Oswego Lake surface elevation,maximum building height shall not exceed 27 ft.above the Oswego Lake surface elevation.The maximum building height of 27 ft.above the Oswego Lake surface elevation shall extend landward until it meets the 25 ft.height limit for the portion of the lot above the Oswego Lake surface elevation.See Figure 50.04.001-11[5]. [6]Site-specific dimensional standards,see LOC 50.02.002.2.c. [7]Cottage cluster developments are exempt from maximum floor area standards,but maximum average floor area standards shall be applied to individual cottage cluster dwellings.See LOC 50.04.001.2.d.iv,Maximum Average Floor Area of Units in a Cottage Cluster,and LOC 50.03.003.1.d,use-specific standards for cottage clusters. Figure 50.04.001-11[5]:Height Measurement for R-W Zoned Lots [G:/inetpub/wwwroot/public_html/OR/LakeOswego/htmllimages/50.04.001-11%5B5%5D.133123.jpg not found] [Cross-References:Maximum Density:See LOC 50.03.003.1.b—Conditional Uses in the R-2 and R-6 Zones;LOC 50.03.003.2, Conditional Use Standards for Residential Uses—Group and Institutional Housing.Height Limitation:See Charter Section 46A for 50 ft.Maximum Height of Structures in Residential Areas;LOC 50.04.003.4,General Exception to Structure Height Limitations;LOC 50.06.001.5.b.] b. Density—Additional Standards In the R-0,R-2,and R-3 zones,applicants may request up to a 25%density bonus for public agency rental housing projects.This request is processed as a conditional use and may not include residential care housing or accessory dwelling units. c. Lot Area and Floor Area—Additional Standards i. For projects on properties with a Sensitive Lands overlay designation,lot areas and floor areas may be modified as provided in LOC 50.05.010,Sensitive Lands Overlay Districts. ii. Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations up to a maximum of: (1) For lot sizes up to 10,000 sq.ft.—up to a cumulative maximum of 200 sq.ft. (2) For lot sizes greater than 10,000 sq.ft.—up to a cumulative maximum of 400 sq.ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 138/669 LOC 50.04:DIMENSIONAL STANDARDS iii. Maximum average floor area for dwelling units within a cottage cluster shall be 1,000 sq.ft. iv. Maximum floor area standards for townhouses shall be applied to a townhouse project,and not to individual townhouse lots or dwellings. d. Lot Coverage—Additional Standards i. R-2 Lot Coverage TABLE 50.04.001-12:R-2 MAXIMUM LOT COVERAGE Structure Type Max.Lot Coverage(%) Single-Family Detached 35 Townhouse Project 55 Duplex,Triplex,and Quadplex 55 Other Structures 50 ii. R-0,R-2,and R-3 Exemptions (1) Garage Footprint Exemption The garage footprint,including any habitable area directly above or below the garage,shall be exempt from lot coverage as provided below: (a) Up to a cumulative maximum of 200 sq.ft.shall be exempt for garages that are: (i) Rear-or side-loading,or (ii) Located 20 ft.or more back from the closest point of the dwelling to the front lot line,or (iii) In the case of corner lots,20 ft.or more back from the closest point of the dwelling to the front and street side lot lines. (b) Up to a cumulative maximum of 400 sq.ft.shall be exempt for a detached garage that meets subsection 3.d.ii(1)(a)of this section,and the lot is greater than 10,000 sq.ft.in area. (2) Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows: (a) For lots less than or equal to 10,000 sq.ft.in area—up to 200 sq.ft. (b) For lots greater than 10,000 sq.ft.in area—up to 400 sq.ft. (3) Cottage clusters are exempt from maximum lot coverage requirements. (4) Maximum lot coverage standards for townhouses shall be applied to a townhouse project,and not to individual townhouse lots or dwellings. e. Yard Setback—Additional Standards i. Corner Lots The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 139/669 LOC 50.04:DIMENSIONAL STANDARDS Front lot lines on corner lots may face either street.The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots,the ability to meet setbacks without variances,and physical site or solar access limitations.Street access should be to local streets. ii. R-2 Yard Setbacks Development in the R-2 districts shall meet the following setbacks: TABLE 50.04 001-13:R-2 YARD SETBACKS Side(ft.) Structure Type Front(ft.) Rear(ft.) Exterior Attached Duplex 10 7 0 10 Townhouse 10 7 — 10 Project Triplex 10 7 — 10 Quadplex 10 7 — 10 Cottage Cluster 10 10 — I 0 Detached 20 Single-story dwelling:5 ft. 20 Dwelling Multi-story dwelling:15 ft. cumulative,5 ft.minimum on a side [I] Other Primary 10 10 10 I 0 Structures Accessory Same as for Same as for primary structure type 1(1 Structures primary structure type Notes: [1]Multi-story dwelling:Cumulative yard may be reduced where ground floor is set back minimum of 5 ft.and the remainder of the dwelling is set back a minimum of 9 ft.from the side lot line. iii. Abutting Low Density Residential Where a lot zoned R-0,2,or 3 abuts a lot zoned R-6,7.5,10,or 15 or abuts a lot that would be zoned R-7.5,10 or 15 upon annexation into the City per LOC 50.01.004.5,the building on the R-0,2,or 3 lot shall be set back from the common line a distance equal to the required yard setback for the zone in Table 50.04.001-13 or the height of the primary building on the R-0,2,or 3 lot,whichever is greater. iv. Special Setbacks for Steeply Sloped Lots On steeply sloped lots,the minimum required front yard setback for detached dwellings and middle housing shall be 18 ft. v. Cottage Cluster Building Separation Cottages shall be separated by a minimum distance of ten ft. f. Height—Additional Standards i. Projects Greater Than One-Half Acre (1) On a lot or lots developed as one project of one-half acre or greater in total area for the R-0 and R-3 zones,the primary structure height shall not exceed: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 140/669 LOC 50.04:DIMENSIONAL STANDARDS No.of Primary Structures on Maximum Base Height for Primary Site Structures One: 50 ft. Two or more: 40 ft.average,with no individual primary structure exceeding 50 ft.base building height. (2) On a lot or lots being developed as one project of one-half acre or greater in total area for the R-2 zone,the primary structure height shall not exceed: No.of Primary Structures on Maximum Base Height for Primary Site Structures One: 35 ft. Two or more: 32 ft.average,with no individual primary structure exceeding 35 ft.base building height. ii. Base Height Except as provided in subsections 3.f.i and 3.f.v of this section,the base height of a structure in the R-0,R-2, and R-3 zone shall not exceed: (1) Flat lots—28 ft. (2) Lots with sloping topography—Maximum base height across the site shall be established by a flat plane measured at 28 ft.above the highest point on the natural ground surface within the building envelope,unless the natural ground surface is lowered,in which case the height is measured from the lowered ground surface per the definition of"height of building"in LOC 50.10.003.2.In no case shall the base height exceed 32 ft. (3) Sloped lots—35 ft. in. In the R-0 or R-3,a structure shall not exceed the base height standards set forth in subsection 3.f.ii of this section if the structure is closer than 60 ft.to a lot carrying a residential designation other than R-0,R-3 or R-5. iv. Exceptions to Base Building Height In addition to the maximum structure height determined by subsections 3.f.i through 3.f.iii of this section,a greater height than otherwise permitted is allowed as follows: (1) Single-family and middle housing dwellings—Building height,inclusive of projections permitted by the building height exceptions under subsection 3.f.iv(2)of this section,may be increased by one ft.for every five additional ft.in yard setback on all sides,beyond the underlying zone code standards provided in subsections 3.f.i and 3.f.ii of this section;or (2) Any primary structure—For roof forms,or architectural features,such as cupolas or dormers; provided,that these roof forms or features: (a) Do not extend more than six ft.above the maximum specified base height; (b) Do not,in total,exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections;and (c) Do not,in total,cover more than 20%of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30%for multiple roof forms or projections. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 141/669 LOC 50.04:DIMENSIONAL STANDARDS (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2797,Amended,11/06/2018;Ord.2784, Amended,07/03/2018;Ord.2732,Amended,02/21/2017;Ord.2687,Amended,12/15/2015;Ord.2668,Amended, 12/01/2015;Ord.2612-A,Amended,05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 4. COMMERCIAL,MIXED USE,AND INDUSTRIAL ZONES a. Dimensions Development in the commercial,mixed use,and industrial zones shall conform to the following dimensional standards except as modified below: TABLE 50.04.001-14:COMMERCIAL,MIXED USE,AND INDUSTRIAL DIMENSIONS WLG Standard Ill NC 119] GC 119] HC 119] OC EC FMU See CR&D MC I IP 50.04.001.4.6 If a dimension or requirement is not shown it means there is no minimum or maximum,but that a requirement may be established at the time of Development Review Commission review. FLOOR AREA RATIO Maximum 0.25:1 — — 0.30:1 3.0:1 4.0:1[16], — 1.0:1 1.0:1 [17] Minimum 1.0:1[15], [17] LOT COVERAGE (%) Maximum 100 50 50 25 100 100 55[5] 100 Minimum None None None None None 50 None None None None None SETBACK [14] (FT.) Front Front 20 min. and any 15[12] 15[6] adj.to R yard with zone;see street LOC frontage: Article 20[10] Side 15 45' [4][12] 0[7] Building 10[9] Code Rear 15 0[7] [10] 10[9] [4][12] Location— From Lot See Line to: 50.06.001.6 When Adjacent to R-DD,R-5,R-6,R-7.5,R-10 or R-15 Structure 25 25 25 25 25 Surface 10 10 10 10 10 Parking Vehicular 5 5 5 5 5 Accessway The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 142/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-14:COMMERCIAL,MIXED USE,AND INDUSTRIAL DIMENSIONS WLG Standard[1] NC[19] GC[19] HC[19] OC EC FMU See CR&D MC I IP 50.04.001.4.13 When Adjacent to R-0,R-2 or R-3 Zone Structure 10 10 10 10 10 Surface 10 10 10 10 10 Parking Vehicular 5 5 5 5 5 Accessway When Not Adjacent to Residential Zone All Setbacks 0 I 0 0 0 0 HEIGHT See 50.04.001.4.c, (FT.) Additional Standards and Exceptions Max.Height 35[3] 45[3] 60[3] 45[3] 50.04.001.4.c.i 45[18];90 [11] 95[13] 60[8] 45 Accessory 24 60 Structures [1]Standards in this table may be modified by the Lake Grove Village Center Overlay District. [2][reserved]. [3]Structures placed closer than 60 ft.to the property line of a lot which carries any residential zone designation have a maximum height of 28 ft.or 40 ft.minus one ft.for each ft.less than 60 ft.the portion of the structure is from the residential zone,whichever is greater. [4]Except along interior lot lines on a unified site. [5]Percent of the net site area after any required dedications for roadway purposes.A minimum of 25%of the site area shall be used for landscaping,natural areas,or outdoor recreational use areas. [6]Structures on corner lots shall observe the minimum setback on both streets. [7]When a side or rear yard abuts a more restrictive zone setbacks shall be 15 ft.Ten ft.shall be added to the side or rear yard setback for each ten-ft.increment in building height over 35 ft. [8]Structures placed closer than 60 ft.from the property line of a lot which carries any residential zone designation shall have a maximum height of 40 ft.minus one ft.for each ft.less than 60 ft.the structure is from the residential zone. [9]Zero for common wall development. [10]Front lot lines on corner lots may face either street.The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots,the ability to meet setbacks without variances,and physical site or solar access limitations.Street access should be to local streets. [11]See LOC 50.04.001.4.c.ii. [12]See LOC 50.04.001.4.c.iii. [13]See LOC 50.04.001.4.c.iv. [14]Oswego Pointe Setback.Structures in the FMU zone shall maintain the following minimum setback measured from the structure listed below(as they existed on January 17,2013): a.Habitable structures—85 ft.; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 143/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-14:COMMERCIAL,MIXED USE,AND INDUSTRIAL DIMENSIONS WLG Standard[1] NC[19] GC[19] HC[19] OC EC FMU See CR&D MC 1 IF 50.04.001.4.b b.Nonhabitable structures—ten ft. [15]Applies only to sites abutting a primary street. [16]FMU FAR Transfer.FAR may be transferred from any site zoned FMU to another site zoned FMU as follows: a.The total FAR averaged between transfer sites shall not exceed 4.0:1. b.The FAR shall not be less than 1.0:1 on any site abutting a primary street. c.The property owner(s)shall execute and record a covenant with the City on all sites reflecting the respective increase and decrease of the FAR. [17]In the FMU,"Floor Area":(1)Includes the area devoted to structured parking that is above ground level;(2) Does not include areas where the elevation of the floor is four ft.or more below the lowest elevation of an adjacent right-of-way. [18]FMU State Street Height.For any area of a site that is located within 100 ft.of the centerline of State Street,the maximum height is 45 ft. [19]Site-specific dimensional standards,see LOC 50.02.002.2.c. [Cross-References:In EC zone,see also Downtown Redevelopment Design District,LOC 50.05.004;Height Limitation:see also LOC 50.06.001.5.b.] b. West Lake Grove Zones The following dimensions are applicable in the West Lake Grove zone districts. i. WLG Townhome Residential(WLG R-2.5) (1) Site Development Limitations Yard Setbacks.The following exterior wall setbacks shall be required in the WLG R-2.5 zone,except as modified by LOC 50.04.003.1,Additional Dimensional Exceptions. TABLE 50.04.001-15:WLG R-2.5 YARD SETBACKS Structure Type Yard Type Setback Distance Abutting Single-Family Residential Zone Front(from property line) 10 ft. Primary Use Rear and Side 25 ft. Accessory Structures Front,Rear,and Side 15 ft. Not Abutting Single-Family Residential Zone Front 10 ft. Rear 10 ft. Primary Use Side—exterior wall 10 ft. Side—common wall 0 ft. Accessory Structures Front 10 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 144/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-15:WLG R-2.5 YARD SETBACKS Structure Type Yard Type Setback Distance Rear and Side 0 ft. (2) Height of Structures (a) Primary Structures.The maximum height of any primary structure in the WLG R-2.5 zone shall not exceed 35 ft. (b) Accessory Structures.The height of the roof form of the primary structure or 24 ft.,whichever is less. [Cross-References:(1)Height Limitation:See also LOC 50.03.003.4.e.iii(3)for collocated telecommunication facilities,and LOC 50.06.001.5.b for non-single-family dwellings;(2)see WLG Overlay Figures 50.05.005-I(discretionary track)and 50.05.005-W(clear and objective track)for min/max setbacks requirements.] ii. WLG Residential Mixed Use(WLG RMU) (1) Site Development Limitations (a) Professional Office Uses and Minor Public Facilities A single building which provides for professional office uses or minor public facilities shall be limited to a total floor area of 8,000 sq.ft.in a multi-story building,with no more than 5,000 sq.ft.on any floor. (b) Yard Setbacks The following yard setbacks are required in this zone,except as modified by LOC 50.04.003.1, Additional Dimensional Exceptions. TABLE 50.04.001-17:WLG RMU YARD SETBACKS Structure Type Yard Type Setback Distance Special Setback Distance Front(from property line) 10 ft. Rear and Side(abutting a 25 ft. Attached Townhomes single-family residential zone) Rear and Side(not abutting a 10 ft. single-family residential zone) Setbacks of structures abutting Structures shall be set back at residential zones 25 ft. least six ft.from the meandering Setbacks of structures not pathway or sidewalk along Primary Structures(all other) Boones Ferry Road(see Figure abutting residential zones 0 ft. 50.05.005-D,WLG Street Pedestrian Facilities and Pathways) Accessory Structures—Not Front 10 ft. Abutting Residential Zones Rear 0 ft. Side 0 ft. Accessory Structures— Front 15 ft. Abutting Residential Zones Rear 15 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 145/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.001-17:WLG RMU YARD SETBACKS Yard Type Setback Distance Special Setback Distance Side 15 ft. (c) Height of Structures (i) Primary Structures:35 ft. (ii) Accessory Structures:24 ft.,or the height of the roof form of the primary structure, whichever is less. [Cross-References:(1)Height Limitation:See also LOC 50.03.003.4.e.iii(3)for collocated telecommunication facilities,and LOC 50.06.001.5.b for non-single-family dwellings;(2)see WLG Overlay Figures 50.05.005-J(discretionary track)and 50.05.005-W(clear and objective track)for minimum setbacks requirements.] iii. WLG Office Commercial(WLG OC) (1) Site Development Limitations (a) Setbacks Buildings shall be set back at least six ft.from the sidewalk along Boones Ferry Road(see Figure 50.05.005-D,WLG Street Pedestrian Facilities and Pathways).The provisions of LOC 50.04.003.1, Additional Dimensional Exceptions,shall not be applied in this zone. (b) Height of Structures (i) Primary Structures.The maximum height of any primary structure shall not exceed 35 ft., except an additional five ft.of height is permitted for multifamily development when located in the area of residential use allowance,as depicted in Figure 50.03.003-A.1,and is at least 80 ft. from all R-7.5 zoned properties.The maximum height of the wall plane shall be no greater than 30 ft.measured from grade at the exterior wall of the building to the gutter line. (ii) Accessory Structures.The height of the roof form of the primary structure or 24 ft., whichever is less. [Cross-References:(1)Height Limitation:See also LOC 50.03.003.4.e.iii(3)for collocated telecommunication facilities,and LOC 50.06.001.5.b for non-single-family dwellings;(2)see WLG Overlay Figures 50.05.005-J(discretionary track)and 50.05.005-W(clear and objective track)for min/max setbacks,build-to lines,and building orientation requirements.] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 146/669 LOC 50.04:DIMENSIONAL STANDARDS Figure 50.04.001-C:Grimm's Corner Neighborhood Commercial 0- y' 1 47 z r, cr _, 1 1 1 r11— 1 „it. it = l._.l 1 [r 7- . T.Iii,.1-.4. -da-Eilk-11 , -.... _1 , „-i-_--7-1_ FS Ii-r- rf ii NM 1 ■� p . _ z_r,0 , RLIT � . ■ . _ . iii I Ilfll h4 Ll. ■ ?t--r • 1 . A-::,-. .,1940 _ [El- _ .. -Lj —7' \ , "?' 3_1_1 1 T.11.1 '.- < L - -'. I-Grimm's Corner Neighborhood " .z:4� � [ Commercial District ;�-- •L "'L i c. Additional Standards and Exceptions i. EC Zone Height Measurement TABLE 50.04.001-18:EC MAXIMUM HEIGHT Structure Location Max.Height(ft.) Lot abuts R-DD zone 40 Structure is within 120 ft.of a lot zoned R-6 or R-7.5 35 for the portion of the structure within 120 ft.of a lot zoned R-6 or R-7.5[2] Structure is within 120 ft.to 240 ft.of a lot zoned R-6 or 45 for the portion of the structure within 120 ft.to 240 ft. R-7.5 of a lot zoned R-6 or R-7.5[2] All other lots and those portions of structures beyond 240 60 ft.of a lot zoned R-6 or R-7.5 Notes: [1][Reserved]. [2]The measured distance is exclusive of intervening public right-of-way if any exists. ii. CR&D Zone Height Measurement For each CR&D zone the average height of all structures shall not exceed 78 ft.One structure is allowed a maximum structure height of 158 ft.No other structure shall exceed 104 ft.For the purpose of applying these The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 147/669 LOC 50.04:DIMENSIONAL STANDARDS height restrictions,all abutting lots with a Comprehensive Plan designation of CR&D,regardless of ownership, shall be considered as being located in one CR&D zone. Within 120 ft.of property zoned R-7.5,R-10,or R-15 no structure shall exceed 60 ft. iii. CR&D Zone Uses Allowed in Setback (1) The following uses may be allowed within a setback area which fronts a public road: (a) Landscaping; (b) Bikeways,trails,pedestrian walks and plazas; (c) Access driveways; (d) Bus shelters and other pedestrian amenities;and (e) Identification signs. (2) The following uses may be allowed within setback areas which are adjacent to other site areas: (a) Landscaping; (b) Bikeways,trails,pedestrian walks and plazas; (c) On-site directional signs; (d) Coordinate joint-use circulation drives,parking,loading,recreational activity areas;plazas;and (e) Coordinated joint-use structures,subject to provisions of the Building Code. iv. MC Zone Height Measurement The maximum height limit shall be 95 ft.except in the MC zone located south of Kruse Way and east of Bangy Road,within which zone for no more than two structures the maximum allowable height is 175 ft.For the purpose of applying these height restrictions all adjacent lots zoned MC,regardless of ownership,shall be considered as being located in one MC zone. (Ord.2872,Amended,10/05/2021;Ord.2723,Amended,10/18/2016;Ord.2668,Amended,12/01/2015;Ord. 2612-A,Amended,05/21/2013;Ord.2599,Amended,12/18/2012;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 50.04.002 SPECIAL STREET SETBACKS 1. PURPOSE To assure an adequate front yard setback is available in the event of possible future street improvements,such as additional lanes,pedestrian and bicycle facilities,transit facilities,drainage management improvements,lighting, and street landscaping. (Ord.2893,Amended,05/17/2022;Ord.2768,Amended,01/16/2018;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 2. ESTABLISHMENT OF SPECIAL STREET SETBACK REFERENCE LINE The City Engineer establishes the centerline from which the special street setback reference line is measured, pursuant to LOC 50.04.002.3. (Ord.2893,Amended,05/17/2022;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 148/669 LOC 50.04:DIMENSIONAL STANDARDS 3. METHOD OF MEASUREMENT The special street setback(SSS)shall be measured from the SSS reference line(as established pursuant to LOC 42.03.135),the prescribed special setback distance in LOC 50.04.002.5.On these streets,the front yard begins at either the front lot line or the SSS,whichever is furthest from the reference line. (Ord.2893,Amended,05/17/2022;Ord.2832,Amended,01/07/2020;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 4. PRIORITY OF OTHER PLANS Special street setbacks are minimums.If a greater amount of additional right-of-way is warranted by improvements identified in a traffic impact study,corridor study,or transportation system plan,then the greater amount shall prevail. (Ord.2893,Amended,05/17/2022;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 5. SPECIAL STREET SETBACK LIST The special street setbacks set forth in Table 50.04.002-1 shall not be reduced,except as provided in the table. TABLE 50.04.002-1:SPECIAL STREET SETBACKS Affected Streets From To Special Setback Bangy Rd. South of Alyssa Terrace 30 ft. Bergis Rd. Cornell St. Stafford Rd. 30 ft. Bergis Rd. Cornell St. Skylands Rd. 25 ft. Boones Ferry Rd. Mercantile Dr. Madrona St. 50 ft.,unless reduced by the City Engineer,finding that the purpose is met by a lesser amount. Boones Ferry Rd. Madrona St. West Sunset Dr. 50 ft. Bonita Rd. 30 ft. Bryant Rd. Boones Ferry Rd. Lake View Blvd. 40 ft. Bryant Rd. Lake View Blvd. Childs Rd. 30 ft. Burma Rd. 25 ft. "C"Ave. State St.alley Country Club Rd. 30 ft. Carman Drive South and west of Kruse Way 40 ft. Cornell St. Larch St. Bergis Rd. 30 ft. Egan Way East/west leg only 20 ft. Fielding Rd. 20 ft. Firwood Road 30 ft.between Boones Ferry Rd.and Waluga Dr.;20 ft.west of Waluga Dr. Gassner Ln. 20 ft. Inverurie Rd. North of Washington Ct. 20 ft. Knaus Rd. 30 ft. Lake Grove Ave. 20 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 149/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.002-1:SPECIAL STREET SETBACKS Affected Streets From To Special Setback Lake View Blvd. Bryant Rd. Iron Mt.Blvd. 25 ft.,except between South Shore Blvd.and Summit Ct. Lamont Way 20 ft. Lanewood St. Through south leg of Douglas 20 ft. Circle Laurel St. Dyer St. Hallinan St. 30 ft. Lower Dr. 25 ft. McVey Ave. State St. South Shore Blvd. 40 ft. Madrona St. 25 ft. North Shore Rd. Abutting the railroad right-of- 30 ft.measured from the south way line of the railroad right-of-way. Oakridge Rd. Quarry Rd. Bonaire Ave. 25 ft. Oakridge Rd. Quarry Rd. Boones Ferry Rd. 30 ft. Overlook Dr. 30 ft. Pilkington Road South of Rosewood St. Special street setback line shall be measured 30 ft.from the east line of Rosewood Plat. Quarry Rd. Boones Ferry Rd. Galewood St.and extension to 30 ft. Carman Dr. Reese Rd. Boones Ferry Rd. Upper Dr. 30 ft. Rosewood St. Pilkington Rd. Tualatin St. 25 ft. South Shore Blvd. 40 ft.,except between Lakeview Blvd.and Blue Heron Road. Stafford Rd. 40 ft. State Street 50 ft.,unless reduced by the City Engineer through the minor development procedure, finding that applicable ODOT standards and the purpose in LOC 50.04.002.1 are met by a lesser amount. Summit Dr. Lake View Blvd. Ridgewood Rd. 20 ft. Sunset Dr. 20 ft. Tualatin St. 20 ft. Twin Fir Rd. Boones Ferry Rd. Upper Dr. 30 ft. Upper Dr. 25 ft. Waluga Dr. South of Oakridge Rd. North of Madrona St. 20 ft. West Sunset Dr. West of West Lake Grove 20 ft. Design District Boundary (Ord.2893,Amended,05/17/2022;Ord.2768,Amended,01/16/2018;Ord.2753,Amended,11/07/2017;Ord.2526,Amended,12/18/2012;Ord. 2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 150/669 LOC 50.04:DIMENSIONAL STANDARDS 50.04.003 EXCEPTIONS,PROJECTIONS,AND ENCROACHMENTS Revised 4/23 1. ADDITIONAL DIMENSIONAL EXCEPTIONS The following section may include exceptions to the dimensional standards of LOC 50.04.001. a. Adjustments The setbacks set forth in LOC 50.04.001 may be adjusted or excepted by LOC 50.05.010.4.b(Sensitive Lands Setback Modifications),LOC 50.04.003.3(General Exceptions to Yard Requirements),LOC 50.04.003.6(Special Determination of Yards and Yard Requirements),LOC 50.04.003.8(General Exceptions for Building Projections, Decks,and Walkways and Pathways to Setbacks),and LOC 50.03.004.2.b(Accessory Structures).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. b. Additional Setbacks The following setbacks are in addition to the setbacks in LOC 50.04.001:LOC 50.04.003.7(Oswego Lake Setback) and LOC 50.04.002(Special Street Setbacks). (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. GENERAL EXCEPTION TO LOT AREA AND DIMENSION REQUIREMENTS 0 a. Exceptions If a proposed partition or subdivision would result in any existing structure becoming noncomplying with any regulation of this Code,and the structure was constructed three or more years prior to the filing of the application for the partition or subdivision,the following adjustments are allowed:a 15%deviation from lot coverage,floor area, yard setback or height requirements(adjustment to yard setbacks and height may only be applied to the lot upon which the existing structure is located);or 10%deviation from the lot area,lot width,lot depth,or lot frontage standard;provided the following criteria are met: i. After taking into consideration any proposed mitigation efforts,the adjustment will not have a significant negative impact on the neighborhood and adjacent properties,in terms of: (1) Scale; (2) Noise; (3) Parking; (4) Loss of privacy; (5) Buffers from existing properties;and (6) Neighborhood character. ii. If more than one adjustment is requested,the cumulative effect of the adjustments will not cumulatively have a significant negative impact on the neighborhood and adjacent properties in terms of the criteria listed in subsection 2.a.i of this section. iii. City-designated historic resources are preserved in accordance with LOC 50.06.009. iv. Any impacts resulting from the adjustment are mitigated to the extent practicable. v. If in an RC or RP district,the partition or subdivision shall comply with LOC 50.05.010,Sensitive Lands Overlay Districts. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 151/669 LOC 50.04:DIMENSIONAL STANDARDS b. Substandard Lots or Dimensions A lot which does not comply with the minimum lot area or dimensional requirements required by this Code at the time of application for development may be occupied by a permitted use in the zone in which the lot is located.Any proposed use of the lot must comply with all other applicable code provisions,including but not limited to setbacks, height limits,and lot coverage requirements.The lot lines of a lot which does not comply with the minimum lot area or dimensional requirements of this Code at the time of application may be adjusted as long as the adjustment does not increase the degree of noncompliance. [Cross-Reference:See LOC 50.07.007.2.e.iii for flag lot height requirements.] (Ord.2579,Repealed and Replaced,03/20/2012) 3. GENERAL EXCEPTIONS TO YARD REQUIREMENTS a. Front Yard Setback Averaging Except as otherwise provided in this section,the following exception to the front yard requirement for a dwelling or detached garage is authorized for a lot in any zone.If there are lawful dwellings or detached garages(including dwellings or garages deemed lawful nonconforming or through a variance approval)on both abutting lots on the same block face with front yards of less than the required depth for the zone,the front yard for the lot need not exceed the average front yard of the abutting dwellings and/or detached garages.If there is a lawful,nonconforming dwelling or detached garage on one abutting lot on the same block face with a front yard of less than the required depth for the zone,the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.The front yard setback in the R-5,R-7.5,R-10 or R-15 zone shall not be reduced to less than 15 ft. b. Front Porch Except as provided in LOC 50.04.001.2.e.ii(2),a front porch may project up to five ft.into the front yard setback required by the zone or as adjusted in subsection 3.a of this section,provided the front porch is no more than ten ft. in width and,if covered,the roof peak is no greater than 16 ft.in height. c. R-DD Yard Setback Adjustment For exterior modifications of a single-family detached dwelling in the R-DD zone built before 1960,minimum setbacks maybe reduced by two ft.if the modification maintains at least 50%of the exterior walls(measured by sq. ft.)and does not increase height by more than 100%. d. Solar Access Yard Setback Adjustment In any zone district,side yard setbacks may be reduced by up to 50%and/or the front or rear yard setbacks by up to 25%if the construction of a proposed structure that complies with either the shade point height standard in LOC 50.06.007.2.c,the allowed shade on a solar feature standard in LOC 50.06.007.2.d,or the solar balance point standard in LOC 50.06.007.2.e is not possible without that reduction. (Ord.2732,Amended,02/21/2017;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 4. GENERAL EXCEPTION TO STRUCTURE HEIGHT LIMITATIONS 0 a. General Exceptions The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 152/669 LOC 50.04:DIMENSIONAL STANDARDS In addition to any other exceptions permitted to the maximum building height limitation of a zone,the following type of structures or structural parts are not subject to the structure height limitations of this Code in the following zones: TABLE 50.04.003-1:EXCEPTIONS TO HEIGHT LIMITATIONS Zone Structures or Structural Parts Exempt from Height Limitations Residential Zones—Residential Uses a. Chimneys,flagpoles,radio and television antennas,ham radio aerials,and other structures. b. Roof-mounted solar energy system'. Residential Zones—Nonresidential Uses a. Chimneys,church spires,belfries,domes, monuments,radio and television antennas,fire and hose towers,flagpoles, and other similar structures. b. Roof-mounted solar energy system'. Commercial,Public Use,and Industrial a. Chimneys,tanks,church spires,belfries, Zones domes,monuments,radio and television antennas,fire and hose towers, observation towers,masts,ham radio aerials,cooling towers,elevator shafts, smokestacks,flagpoles,radio and television towers,and other similar structures. b. Roof-mounted solar energy system'. FMU Zone a. Radio and television antennas and other similar structures,and public safety facilities. b. Any structure exempt from height limitation in residential zone(residential or nonresidential use)in subsection(a) above that has a width,depth,or diameter of five ft.or less may exceed the zone's height limitation by no more than ten ft., or five ft.above the highest point of the roof,whichever is greater. c. Rooftop elevator mechanical equipment may extend up to 16 ft.above the height limit. d. Stairwell enclosures and rooftop mechanical equipment(excluding elevator mechanical equipment)which cumulatively covers no more than 10%of the roof area may extend ten ft.above the height limit. e. Small wind turbines'. f. Roof-mounted solar energy system'. 'See LOC 50.04.003.4.b.ii for maximum height exception. 'See LOC 50.04.003.4.b.iii for maximum height exception. b. Aerials and Collocated Telecommunications Facilities and Solar Panels;Wind Turbines in the FMU Zone i. Aerials other than ham radio aerials are permitted to ten ft.over the building height maximum in a residential zone.Collocated telecommunication facilities in residential zones may exceed the height limits of the underlying zone,but shall not exceed ten ft.above the existing structure height.Collocated The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 153/669 LOC 50.04:DIMENSIONAL STANDARDS telecommunication facilities in commercial,public use,and industrial zones may exceed the height limits of the underlying zone,but shall not exceed 20 ft.above the existing structure height. ii. Roof-mounted solar energy systems may exceed the maximum building height limitation by the following: (1) Roof slopes 2:12 or less—no more than four ft.above the maximum building height or existing building height,whichever is less,or (2) Roof slopes greater than 2:12—no more than one ft.above the maximum building height or the existing roof height,whichever is less. iii. In the FMU zone,small wind turbines are permitted and are not subject to the height requirements subject to the following standards: (1) Wind turbine poles must be no greater than 30 ft.high; (2) Wind turbine poles shall have a maximum outside diameter of 2.5 ft.; (3) Wind turbines shall have a maximum fan diameter of ten ft.; (4) All wind turbine components shall be painted white;and (5) No more than four wind turbines may be installed per site. [Cross-Reference:LOC 50.04.003.8—General Exceptions for Building Projections,Decks,and Walkways and Pathways to Setbacks.] (Ord.2732,Amended,02/21/2017;Ord.2648,Amended,02/17/2015;Ord.2599,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 5. [RESERVED] (Ord.2526,Repealed,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 6. SPECIAL DETERMINATION OF YARDS AND YARD REQUIREMENTS;SETBACK PLANE EXEMPTION a. Lots with More Than Two Street Frontages In the case of lots with more than two street frontages,the City Manager shall determine the front yard requirements, subject to the following limitations:(1)at least one front yard shall be provided having the full depth required generally in the zone;(2)other front yards on such lot shall have setbacks equal to the street side yard setback of the zone;and(3)for sites where street front setback planes are required,only one frontage shall be required to meet the front yard setback plane standards.The other frontages shall comply with the setback plane requirements for side yards abutting a street. b. Through Lots Unless the prevailing front yard pattern on abutting lots on the same block face indicates otherwise,front yards shall be provided on all street frontages.Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern,the City Manager may waive the requirements for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on abutting lots. c. Determination of Front Yard for Flag Lots Created Prior to September 6,1998,and Lots Accessing by Easement The front yard shall be the area abutting the property line of the"flag"portion of the lot parallel to the street providing access to a flag lot created prior to September 6,1998.If this standard is not practical due to placement of The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 154/669 LOC 50.04:DIMENSIONAL STANDARDS structures on adjacent lots,topography or similar reasons,then the front yard will be that portion of the lot abutting the property line of the greatest length abutting the access portion of the flag or easement. (Ord.2797,Amended,11/06/2018;Ord.2783,Amended,06/19/2018;Ord.2579,Repealed and Replaced, 03/20/2012) 7. OSWEGO LAKE SETBACKRevised 4/23 S 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. Figure 50.04.003-A:Measurement of Oswego Lake Setback Oswego take 1k' 25 leraaci 8'CC. .$ b. The following uses and structures are permitted within the Oswego Lake setback: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 155/669 LOC 50.04:DIMENSIONAL STANDARDS TABLE 50.04.003-2:USES AND STRUCTURES PERMITTED WITHIN OSWEGO LAKE SETBACK Uses and Structures Maximum Height Height Limitations Other Standards Barbeque;fireplace Height exceptions in LOC 6 ft. 50.04.003.4 are NOT applicable Lights;steps;dock;deck;patio; 30 Height exceptions in LOC pool;spa/Jacuzzi 50.04.003.4 are NOT applicable Outdoor shower 8 ft Height exceptions in LOC 50.04.003.4 are NOT applicable Boathouse •Wall height:10 ft.,measured from Oswego Lake surface 13.5 ft.,measured from Oswego Height exceptions in LOC elevation,to cave Maximum 560 sq.ft.footprint Lake surface elevation 50.04.003.4 are NOT applicable ' •Side and rear yard setbacks do not apply within Oswego Lake setback Lake-related infrastructure None None structures and uses Fences and retaining walls Only as permitted by LOC (including seawalls) See LOC 50.06.004.2 50.06.004.2 (Ord.2909,Amended,02/07/2023;Ord.2884,Amended,04/05/2022;Ord.2579,Repealed and Replaced,03/20/2012) 8. GENERAL EXCEPTIONS FOR BUILDING PROJECTIONS,DECKS,AND WALKWAYS AND PATHWAYS TO SETBACKSRevised 4/23 a. Projections from Buildings Cornices,eaves,gutters,bay windows located on the ground floor(but not more than six ft.wide,with a maximum of two bay windows per building elevation),decorative metal balconies(but not more than six ft.in length),flower boxes,belt courses,leaders,sills,pilasters,lintels,ornamental features,and other similar architectural features may project not more than two ft.into a required yard(as adjusted by LOC 50.04.003.3.a)or into required open space as established by lot coverage standards.Canopies,sunshades,chimneys,and flues may project not more than two ft. into a required yard or into required open space as established by coverage standards,but in no event may the projection be within five ft.of a side lot line. b. Patios and Decks;Offset from Property Lines Uncovered patios and decks that are no more than 30 in.above grade may not be closer than three ft.to any property line.(Patios and decks above 30 in.,either covered or uncovered,shall be subject to the zone setbacks.) c. Access Walkways and Pathways,Driveway Bridges,Trams and Staircase i. Walkways and pathways,regardless whether on grade or elevated,that provide principal access from the adjacent public right-of-way to a dwelling or as a public entrance(s)to a commercial,industrial,or public facility building are permitted in the required yard,so long as(a)the elevation of the walkway or pathway is at or below the elevation of the driveway or parking area for the dwelling or building,or(b)if the walkway or pathway is elevated,it shall be the most direct route practicable. ii. Bridges that form the driveway from the abutting street to the garage are permitted in the required yard, provided the driveway bridge is used for the most direct route practicable. iii. Trams and staircases that provide access to Oswego Lake,and its bays and canals,and to the Willamette River are exempt from the Oswego Lake setback,if applicable,and rear yard setback. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 156/669 LOC 50.04:DIMENSIONAL STANDARDS d. Equipment for public service,e.g.,utility meters,transformers,telephone switching equipment(but excluding such structures as pump houses)are permitted in a required yard provided the service provider can show that another location or undergrounding of equipment is not possible. (Ord.2909,Amended,02/07/2023;Ord.2644,Amended,04/07/2015;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 9. EXCEPTIONS FOR SURVEY/CONSTRUCTION ERRORS,TREE PROTECTION,AND ALIGNMENT FOR ADDITIONS TO EXISTING STRUCTURES a. Exceptions The following exceptions to underlying zoning standards are permitted provided the criteria listed in subsection 9.b of this section are satisfied: i. Up to 2.5%exception to lot area;or ii. Up to six in.to dimensional standards. b. Criteria i. The exception is for an alteration or addition to an existing structure(conforming or nonconforming);and ii. At least one of the following circumstances applies: (1) The adjustment is necessary to address survey or construction errors; (2) The adjustment will result in greater tree protection,including root protection;or (3) The adjustment for the alteration or addition will allow the alteration or addition to align with the existing portion of the structure. (Ord.2579,Repealed and Replaced,03/20/2012) 10. EXCEPTIONS TO THE MINIMUM DENSITY REQUIREMENT FOR ALL ZONES a. The minimum density requirements are not applicable to sites identified on the City's Historic Landmark Designation List. b. The minimum density requirements are not applicable to publicly owned open space lands. c. The number of lots required by the minimum density provisions may be reduced as necessary in any of the following circumstances: i. Where the most appropriate design and location for a stormwater detention or water quality facility is above ground and outside a required open space;or ii. Where in order to comply with the minimum density requirement it would be necessary to develop in a floodplain;or iii. Where topographic,natural resources and/or soil constraints exist on site,to the extent that an applicant can demonstrate that compliance with LOC 50.06.006.2,Hillside Protection,LOC 50.05.010,Sensitive Lands Overlay Districts,or other soil constraints regulated by the City's Codes or the State of Oregon Uniform Building Code,would preclude development such that the minimum number of lots could not be developed;or iv. Where an application is for land division approval using the HBA incentives in LOC 50.05.010;or v. Where the total number of residential dwelling units resulting from the development will be at least 80%of the maximum number permitted in the zone.For the R-0,R-2 zones,the minimum lots per acre and methodology specified in LOC 50.04.001.3.a,Residential High Density Zones,shall be used for calculating The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 157/669 LOC 50.04:DIMENSIONAL STANDARDS minimum density.For the R-DD zone,the minimum lots per acre and methodology specified in LOC 50.04.001.2.a,Residential Medium Density Zones,shall be used for calculating minimum density;or vi. Where the location of an existing dwelling is such that the applicant can demonstrate that other requirements of this Community Development Code cannot be met if the minimum required number of lots is developed;or vii. Public park land,if transfer of the land from the development site is accepted by the governmental agency. (Ord.2853,Amended,11/03/2020;Ord.2687,Amended,12/15/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 50.04.004 SOLAR ADJUSTMENTS 1. EXEMPTIONS FROM SOLAR DESIGN STANDARD A development is exempt from the requirements of LOC 50.06.007.1.c,Solar Design Standard,if the reviewing authority finds the applicant has shown that one or more of the following conditions apply to the site.A development is partially exempt from LOC 50.06.007.1.c to the extent the reviewing authority finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site.If a partial exemption is granted for a given development,the remainder of the development shall comply with the solar access requirements. a. Slopes The site,or a portion of the site for which the exemption is sought,is sloped 20%or more in a direction greater than 45°east or west of true south,based on a topographic survey by a licensed professional land surveyor. b. Off-Site Shade The site,or a portion of the site for which the exemption is sought,is within the shadow pattern of off-site features, such as but not limited to structures,topography,or solar-unfriendly vegetation,which will remain after development occurs on the site from which the shade is originating. i. Shade from an existing or approved off-site dwelling in a residential zone and from topographic features is assumed to remain after development of the site. ii. Shade from an off-site structure in a zone other than a residential zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land,whether or not that structure now exists. iii. Shade from off-site vegetation is assumed to remain after development of the site if:the trees that cause it are situated in a required setback;or they are part of a developed area,public park,or legally reserved open space;or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature;or they are part of landscaping required pursuant to a development permit issued pursuant to this Code. iv. Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable development permits have been approved on the date a complete application for the development is filed. c. On-Site Shade The site,or a portion of the site for which the exemption is requested,is: i. Within the shadow pattern of on-site features such as,but not limited to,structures and topography which will remain after the development occurs;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 158/669 LOC 50.04:DIMENSIONAL STANDARDS ii. Contains solar-unfriendly trees at least 30 ft.tall and more than six in.in diameter measured four ft.above the ground which have a crown cover over at least 80%of the site or relevant portion.The applicant can show such crown cover exists using a scaled survey or an aerial photograph.If granted,the exemption shall be approved subject to the condition that the applicant preserve at least 50%of the trees that cause the shade that warrants the exemption.The applicant shall file a note on the plat or other documents in the office of the County Recorder binding the applicant to comply with this requirement.The City shall be made a party of any covenant or restriction created to enforce any provision of this section.The covenant or restriction shall not be amended without written City approval. (Ord.2892,Amended,06/07/2022;Ord.2797,Amended,11/06/2018;Ord.2612-A,Amended,05/21/2013;Ord. 2579,Repealed and Replaced,03/20/2012) 2. ADJUSTMENTS TO SOLAR DESIGN STANDARD The reviewing authority shall reduce the percentage of lots that must comply with LOC 50.06.007.1.c,Solar Design Standard,to the minimum extent necessary if it finds the applicant has shown one or more of the following site characteristics apply: a. Density and Cost If the solar design standard in LOC 50.06.007.1.c is applied,either the resulting density is less than that proposed,or on-site development costs(e.g.grading,water,storm drainage and sanitary systems and roads)and solar related off- site development costs are at least 5%more per lot than if the standard is not applied.The following conditions, among others,could constrain the design of a development in such a way that compliance with LOC 50.06.007.1.c would reduce density or increase per lot costs in this matter.The applicant shall show which if any of these or other similar site characteristics apply in an application for a development. i. The portion of the site for which the adjustment is sought has a natural grade that is sloped 10%or more and is oriented greater than 45°east or west of true south based on a topographic survey of the site by a professional land surveyor. ii. There is a significant natural feature on the site,identified as such in the Comprehensive Plan or development standard,that prevents given streets or lots from being oriented for solar access,and it will exist after the site is developed. iii. Existing road patterns must be continued through the site or must terminate on site to comply with applicable road standards,future street plans,or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access. iv. An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access. b. Development Amenities If the solar design standard in LOC 50.06.007.1.c applies to a given lot or lots,significant development amenities that would otherwise benefit the lot(s)will be lost or impaired.Evidence that a significant diminution in the market value of the lot(s)would result from having the lot(s)comply with the solar access requirement is relevant to whether a significant development amenity is lost or impaired. c. Existing Shade Solar-unfriendly trees at least 30 ft.tall and more than six in.in diameter measured four ft.above the ground have a crown cover over at least 80%of the lot and at least 50%of the crown cover will remain after development of the lot.The applicant can show such crown cover exists using a scaled survey of solar-unfriendly trees on the site or using an aerial photograph. i. Shade from solar-unfriendly trees is assumed to remain if:the trees are situated in a required setback;or they are part of an existing or proposed park,open space,or recreational amenity;or they are separated from the developable remainder of their parcel by an undevelopable area or feature;or they are part of landscaping The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 159/669 LOC 50.04:DIMENSIONAL STANDARDS required pursuant to LOC 50.06.004,Site Design;and they do not need to be removed for a driveway or other development. ii. Also,to the extent the shade is caused by on-site trees or off-site trees on land owned by the applicant,it is assumed to remain if the applicant files in the office of the County Recorder a covenant binding the applicant to retain the trees causing the shade on the affected lots. (Ord.2797,Amended,11/06/2018;Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced, 03/20/2012) 3. EXEMPTION FROM THE MAXIMUM SHADE POINT HEIGHT STANDARD S The City Manager shall exempt a proposed structure or solar-unfriendly vegetation from LOC 50.06.007.2.c, Maximum Shade Point Height Standard,if the applicant shows that one or more of the conditions in this section exist,based on plot plans or plats,corner elevations or other topographical data,shadow patterns,suncharts or photographs,or other substantial evidence submitted by the applicant. a. Exempt Lots When created,the lot was subject to LOC 50.04.004.1 and 50.04.004.2,LOC 50.06.007.1.a through 1.d,and was not subject to the provisions of LOC 50.06.007.1.d,Protection from Future Shade. b. Pre-Existing Shade The structure or applicable solar-unfriendly vegetation will shade an area that is shaded by one or more of the following: i. An existing or approved building or structure; ii. A topographic feature; iii. A solar-unfriendly tree that will remain after development of the site.It is assumed a tree will remain after development if it: (1) Is situated in a required building setback; (2) Is part of a developed area or landscaping required by this Code,a public park or landscape strip,or legally reserved open space; (3) Is in or separated from the developable remainder of a parcel by an undevelopable area or feature;or (4) Is on the applicant's property and[not affected the development. Commented[JD38]:Community members and planners who don't have arboricultural experience or certifications A duly executed covenant also can be used to preserve trees causing such shade. may not have a clear idea of what affects development may have on trees. c. Slope Consider replacing"not affected by"with"is adequately The site has an average slope that exceeds 20%in a direction greater than 45°east or west of true south based on a protected,according to tree protection standards,from topographic survey by a licensed professional land surveyor. adverse affects caused by"and include reference to LOC d. Insignificant Benefit 55.08.030,Tree Protection Measures Required' The proposed structure or solar-unfriendly vegetation shades one or more of the following: i. An undevelopable area;or ii. The wall of an unheated space,such as a typical garage;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 160/669 LOC 50.04:DIMENSIONAL STANDARDS iii. Less than 20 sq.ft.of south-facing glazing. e. Public Improvement The proposed structure is a publicly owned improvement. (Ord.2797,Amended,11/06/2018;Ord.2579,Repealed and Replaced,03/20/2012) 4. ADJUSTMENTS TO THE MAXIMUM SHADE POINT HEIGHT STANDARD The City Manager shall increase the maximum permitted height of the shade point determined using LOC 50.06.007.2.c,Maximum Shade Point Height Standard,to the extent it is found that applicant has shown one or more of the following conditions exist,based on plot plans or plats,corner elevations or other topographical data, shadow patterns,suncharts or photographs,or other substantial evidence submitted to the applicant. a. Physical Conditions Physical conditions preclude development of the site in a manner that complies with LOC 50.06.007.2.c due to such things as a lot size less than 3,000 sq.ft.,unstable or wet soils,or a drainage way,public or private easement,or right-of-way. b. Conflict between the Maximum Shade Point Height and Allowed Shade on the Solar Feature Standards A proposed structure may be sited to meet the solar balance point standard described in LOC 50.06.007.2.e if: i. When the proposed structure is sited to meet the maximum shade point height standard,its solar feature will potentially be shaded as determined using LOC 50.06.007.2.c;and ii. The application includes a form provided by the City that: (1) Releases the applicant from complying with the maximum shade point height standard and agrees that the proposed structure may shade an area otherwise protected by that section;and (2) Releases the City from liability for damages resulting from the adjustment;and (3) Is signed by the owner(s)of the properties that would be shaded by the proposed structure more than allowed by the provisions of LOC 50.06.007.2.c,Maximum Shade Point Height Standard; iii. Before the City issues a permit for a proposed structure for which an adjustment has been granted pursuant to this subsection 4.b,the applicant shall file the form provided for in subsection 4.b.ii of this section in the office of the County Recorder with the deeds to the affected properties. (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 161/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS LOC 50.05:OVERLAY AND DESIGN DISTRICTS Revised 4/23 50.05.001 GLENMORRIE R-15 OVERLAY DISTRICT 50.05.002 EVERGREEN R-7.5 OVERLAY DISTRICT 50.05.003 LAKE GROVE R-7.5/R-10 OVERLAY DISTRICT 50.05.004 DOWNTOWN REDEVELOPMENT DESIGN DISTRICT Revised 4/23 50.05.005 WEST LAKE GROVE DESIGN DISTRICT Revised 4/23 50.05.006 OLD TOWN NEIGHBORHOOD DESIGN Revised 4/23 50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT Revised 4/23 50.05.008 SOUTHWEST OVERLAY DISTRICT 50.05.009 GREENWAY MANAGEMENT OVERLAY DISTRICT 50.05.010 SENSITIVE LANDS OVERLAY DISTRICTS Revised 4/23 50.05.011 FLOOD MANAGEMENT AREA 50.05.012 UPLANDS R-10 OVERLAY DISTRICT Revised 4/23 50.05.001 GLENMORRIE R-15 OVERLAY DISTRICT 1. PURPOSE The purpose of the overlay is to ensure that new residential development occurs in a way that is compatible with the unique character of the Glenmorrie Neighborhood by not adversely impacting the privacy of adjacent neighbors and by preserving the country character. (Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICABILITY This overlay section applies to all land within the Glenmorrie Overlay District,as shown in Figure 50.05.001-A: Glenmorrie Overlay District Boundaries. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 162/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.001-A:Glenmorrie Overlay District Boundaries t 16 i_ . . I\ . /... • :i Ff ilet • ✓ '` ti .. --- ▪__ if" i- • a / f — 's� Glenmarrie Neighborhood l`^r--�I �L _uMmn,hL R.15Ci.mia9 D I'ip L • _�_ • o xu cb� aq nr iouo I I / • -.. (Ord.2579,Repealed and Replaced,03/20/2012) 3. RELATIONSHIP TO OTHER STANDARDS To the extent that any requirement of this overlay section imposes a regulation relating to the same matter as the use, dimensional or development regulations in the LOC,this overlay shall prevail. (Ord.2579,Repealed and Replaced,03/20/2012) 4. LIMITATION ON CERTAIN ELEMENTS S No more than 50%of a lot shall be covered with any of the following elements:structures,patios,paving or impervious walks.However,pervious decks and natural-appearing constructed ponds shall not be included within this limitation.Where a paved area contains mixed nonplant and plant elements,only the nonplant portions of the area shall be included within this limitation.(See Figure 50.05.001-B:Illustrative Mixed Paved Areas and Natural- Appearing Ponds for illustrations of natural-appearing constructed ponds and paved areas with mixed nonplant and plant elements.) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 163/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.001-B:Illustrative Mixed Paved Areas and Natural-Appearing Ponds y §. " -71:1, • I . . + 1 - •- ue • . • • •• • • F •r• ym� 1 - -cy. • : ST (Ord.2579,Repealed and Replaced,03/20/2012) 5. PLANTINGS AND BUFFERING a. Applicability A Plantings and Buffering Plan shall be submitted when a building permit is required for: i. Construction of new structures; ii. Remodeling that increases the footprint of an existing structure by more than 400 sq.ft.and is not the creation of new middle housing through conversion or addition to an existing single-family dwelling;or iii. Construction of a retaining wall four ft.tall or higher. b. Plantings and Buffering Plan i. At the time of submission of the building permit application,the applicant shall file a Plantings and Buffering Plan. ii. The Plantings and Buffering Plan shall meet the following requirements: (1) Plant units,as described in Table 50.06.001-2:Standard Plant Units,Standard Units A through D, plus Alternative Glenmorrie Standard Unit E consisting of 25 three-ft.high shrubs,shall be provided parallel and adjacent to the side yard and rear yard planes of the proposed structure or retaining wall as follows: (a) If a structure exists on an abutting lot:one plant unit for every 50 linear ft.of the side yard and rear yard planes of the proposed retaining wall or structure plus the abutting plane of the structure on the abutting lot; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 164/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) If no structure exists on an abutting lot:one plant unit for every 50 linear ft.of the side yard and rear yard planes of the proposed retaining wall or structure extended ten ft.beyond the structure or retaining wall.See Figure 50.05.001-C:Plant Unit Placement. Figure 50.05.001-C:Plant Unit Placement Existing Structure -- 1 Plartting Area • existing SaU[ture .� U MAIM lot � New Structure z r SisEet (2) Where the linear measurement of the side or rear yard plane(plus the ten-ft.extension,if required)is less than 50 ft.,or where dividing the linear measurement into 50-ft.segments results in a remainder segment of less than 50 ft.,the planting density for that plane or remainder segment shall consist of a corresponding percentage of a planting unit.If the percentage results in a fraction of a plant,the fraction shall be rounded up to the next whole number. (3) Where required plant unit areas overlap,the plants in the overlapped area may satisfy both plant unit requirements. (4) Existing plants may be used to fulfill plant unit requirements. (5) Native plants are encouraged(consult Lake Oswego's Master Plant List). c. Installation and Maintenance of Plantings i. Plantings consistent with the Plantings and Buffering Plan shall be installed prior to the earlier of: (1) A request for final inspection; (2) Occupancy of the dwelling or substantial use of the structure;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 165/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (3) Completion of the retaining wall. ii. The required plantings shall be successfully maintained for a period of not less than three years. (Ord.2892,Amended,06/07/2022;Ord.2783,Amended,06/19/2018;Ord.2579,Repealed and Replaced, 03/20/2012) 50.05.002 EVERGREEN R-7.5 OVERLAY DISTRICT 1. PURPOSE The purpose of the overlay is to ensure that residential development occurs in a way that is compatible with the unique character of the Evergreen Neighborhood by assuring greater consistency in style and scale between buildings. (Ord.2726,Amended,01/03/2017;Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICABILITY This section applies to all land within the Evergreen Overlay District,as shown on Figure 50.05.002-A:Evergreen R-7.5 Overlay Boundaries. Figure 50.05.002-A:Evergreen R-7.5 Overlay Boundaries 1 1fl1$111; f y u meat A ,,,„ ��.R- E • F/ f '4 i Evergreen Neighborhood \� -;. /?, `'14 Evergreen R-7.5 Overlay Distrid o zr a (Ord.2726,Amended,01/03/2017;Ord.2579,Repealed and Replaced,03/20/2012) 3. RELATIONSHIP TO OTHER DEVELOPMENT STANDARDS To the extent that any requirement of this section imposes a regulation relating to the same matter as the use, dimensional,or development regulations in the LOC,this section shall prevail. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 166/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (Ord.2726,Amended,01/03/2017;Ord.2579,Repealed and Replaced,03/20/2012) 4. DIMENSIONS AND DEVELOPMENT STANDARDS a. Accessory Structure Roof Pitch Roof pitch on new accessory structures exceeding 100 sq.ft.in size shall match the roof pitch of the primary structure.Boathouses are exempt from this requirement. b. Yard Setbacks The side yard setback adjacent to a street for portions of any structure that exceed 16 ft.in height shall be 25 ft.on arterial and collectors. c. Front Setback Plane i. Application The front profile of a structure shall fit behind a plane that starts at the front yard setback line and extends upward to 16 ft.in height,then slopes toward the rear of the lot at a slope of 6:12,up to the maximum allowed height at the peak,as illustrated in Figure 50.05.002-B:Front Setback Plane. Figure 50.05.002-B:Front Setback Plane street front setback piano slope 6:12 _44 5 12 \ max base hepht le required front yard setback ---- abutting a street ii. Exceptions (1) Any individual roof form may penetrate the front setback plane if it is less than one-third of the total structure width at 16 ft.in height. (2) Two or more separate and distinct roof forms,such as dormers,may project into the front setback plane if they are less than one-half of the total structure width at 16 ft.in height. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 167/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS d. Height—Additional Standards The additional height allowed in the R-7.5 zone pursuant to LOC 50.04.001.1.g.ii is not permitted in the Evergreen R-7.5 Overlay District. (Ord.2726,Amended,01/03/2017;Ord.2579,Repealed and Replaced,03/20/2012) 50.05.003 LAKE GROVE R-7.5/R-10 OVERLAY DISTRICT 1. PURPOSE The purpose of the overlay is to ensure that development in the overlay district promotes the unique character of the Lake Grove Neighborhood. (Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICABILITY This article applies to lands zoned R-7.5 or R-10 within the Lake Grove Overlay District,as shown on Figure 50.05.003-A:Lake Grove R-7.5/R-10 Overlay District. Figure 50.05.003-A:Lake Grove R-7.5/R-10 Overlay District JI I F Y rr7 • 'I' Ate' k :µ.r k - .-46, ; (Ord.2579,Repealed and Replaced,03/20/2012) 3. RELATIONSHIP TO OTHER STANDARDS To the extent that any requirement of this overlay imposes a regulation relating to the same matter as a regulation applicable to the residential low density zones,this section shall prevail. (Ord.2579,Repealed and Replaced,03/20/2012) 4. YARD SETBACKS a. The yard setbacks within the Lake Grove Overlay District shall be as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 168/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.003-1:LAKE GROVE OVERLAY DISTRICT YARD SETBACKS rPrimary and Accessory Primary Structures Accessory Structures Structures Other Side Yards Rear Yard Side and Rear Yards Side Yard Zone Front Yard Adjacent to a Portions of Portions of Street Structures< Structures> Structures< Structures> 18 ft.in height 18 ft.in height 18 ft.in height 18 ft.in height 20 ft.on R-7.5 25 ft. arterial and 10 ft.[1] 10 ft. 30 ft. 5 ft.,side 10 10 tt,side 15 collector,15 ft. ft.,rear ft,rear on local 20 ft.on R-10 25 ft. arterial and 10 ft. 15 ft. 30 ft. 10 ft.,side 15 15 ft. collector,15 ft. ft.,rear on local [1]Different than LOC 50.04.001.1. b. All other provisions of LOC 50.04.001.1,Residential Low Density Zones,are applicable. (Ord.2579,Repealed and Replaced,03/20/2012) 5. LIMITATION ON CERTAIN ELEMENTS No more than 50%of a lot shall be covered with any of the following elements:structures,patios,paving or impervious walks.However,pervious decks and natural-appearing constructed ponds shall not be included within this limitation.Where a paved area contains mixed nonplant and plant elements,only the nonplant portions of the area shall be included within this limitation.See Figure 50.05.001-B:Illustrative Mixed Paved Areas and Natural- Appearing Ponds for examples. (Ord.2579,Repealed and Replaced,03/20/2012) 50.05.004 DOWNTOWN REDEVELOPMENT DESIGN DISTRICT Revised 4/23 1. PURPOSE The purpose of this section,the Downtown Redevelopment Design District,is to guide the redevelopment of downtown Lake Oswego in a manner that creates a feeling of vitality and sense of place in order to attract private investment and redevelopment of the area and create a community center that reflects and enhances the character of the City of Lake Oswego. (Ord.2668,Amended,12/01/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICABILITY Except as otherwise expressly provided below,the following developments within the Downtown Redevelopment Design District(shown in Figure 50.05.004-A)are subject to the requirements of this section: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 169/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-A:Downtown Redevelopment Design District a e.s4kaiv N{ `+ a�Q F i z 95 AYo- � 4w - Y ' IER,AyFT a. / 'A�'a PaoMut W xaG taR� _ r % 9; of er wa-h SI Rd RN yy .Z Off JrSll r x ... ar ry. a q a r.. al ;o' a. Construction of a new building; b. Substantial remodeling of an existing building.For the purposes of this section,"substantial remodeling" means: i. Exterior remodeling that changes the appearance of more than 50%of any building elevation;or ii. A restaurant building expansion of more than 100 sq.ft.or any other expansion of a building of more than 300 ft. Exceptions: (1) Expansion is solely designed and constructed: (a) To provide for accessibility to the disabled; (b) To provide for energy conservation(e.g.,addition of an entry vestibule); (c) To provide for screened recycling or trash storage;or (d) To relocate or screen visible exterior mechanical equipment so that such equipment is no longer visible; (2) Seasonal restaurant enclosures. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 170/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS c. In the R-2 zone,household living residential development and group care homes shall comply with the following DRDD standards in addition to the structure design standards of LOC 50.06.001.2 and 50.06.001.4: i. Building Siting and Massing,LOC 50.05.004.5:Complex Massing and Roof Forms. ii. Building Design,LOC 50.05.004.6:Lake Oswego Style;Materials;and Molding Design. iii. Landscaping and Site Design Requirements,LOC 50.05.004.8:Street Trees;Brick Paving;and Walls. (Ord.2851,Amended,09/15/2020;Ord.2732,Amended,02/21/2017;Ord.2668,Amended,12/01/2015;Ord. 2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 3. RELATIONSHIP TO OTHER DEVELOPMENT STANDARDS a. LOC 50.05.004.5 to 50.05.004.7 supersede LOC 50.06.001.5,Commercial,Industrial,and Multi-Family Development Standards for Approval,in its entirety for developments subject to this overlay district. b. LOC 50.05.004.8 supersedes LOC 50.06.004.1,Landscaping,Screening and Buffering,in its entirety for developments subject to this overlay district. [Cross-Reference:The Open Space Development Standard is not applicable to downtown development.LOC 50.06.005.1.b.i.] c. The parking standards(LOC 50.06.002)apply in full,but the requirements may be modified as provided in LOC 50.05.004.9,and exceptions may be granted as provided in LOC 50.08.003.2.b,Downtown Redevelopment Design District Variance. d. LOC 50.05.004.12 shall apply in addition to street standards contained in the remainder of this Code. e. In the event of conflict between this overlay section and any other provision of this Code,the provisions in this section shall apply. (Ord.2644,Amended,04/07/2015;Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced, 03/20/2012) 4. DEFINITION OF VILLAGE CHARACTER As used in this section,"village character"means a community of small-scale structures that appears and operates like a traditional small town.A village is typically composed of an assembly of smaller mixed used structures often centered on a square or other public space or gathering area,such as a body of water,a transportation route or a landmark building.Adherence to village character is not intended to require an historical reproduction of a turn of the century small town,but rather to encourage the development of a sophisticated small city that is pedestrian friendly,creates a sense of community and attracts people to the downtown in the same manner and using similar design concepts as historic small towns and neighborhood centers. (Ord.2579,Repealed and Replaced,03/20/2012) 5. BUILDING SITING AND MASSING Building siting and massing shall create a village character by compliance with the following requirements: a. Complex Massing Required New buildings shall use the siting and massing characteristics of the Lake Oswego Style such as complex massing and asymmetrical composition.See 50.11.001,Appendix A—Lake Oswego Style. b. Pedestrian-Oriented Siting New commercial buildings shall be sited in order to maximize the amount of building frontage abutting pedestrian ways. c. Roof Forms The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 171/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS New buildings shall use gable or hipped roof forms.Flat-roofed building shall only be allowed pursuant to LOC 50.08.003. d. Number of Stories New buildings shall be at least two stories tall,and new and remodeled building shall be no greater than three stories tall,except: i. Fourth Story A fourth story may be permitted subject the following: (1) The fourth story is residential and is contained within a gabled or hipped roof; (2) The site is sloping and the structure has three or fewer stories on the uphill side; (3) The fourth story is significantly stepped back from the building plane created by the lower stories;or (4) Fourth story design elements are used to break up the mass of a building,create visual interest and variety,hide mechanical equipment,define an entry or define a particular building's function.Examples of such design elements include dormers,towers,turrets,clerestories,and similar features. ii. Single Story Single story construction may be permitted subject to the following: (1) It is limited to a small portion of a taller structure,such as an entry area,canopy over an outdoor restaurant,building ends or wings which relate to open space or as a step down to an adjacent one story viable existing structure;or (2) When a minimum height of 20 ft.is maintained at the right-of-way or street side building edge. e. Height Limit No building shall be taller than 60 ft.in height.No flat roofed building shall be taller than 41 ft.in height.Height shall be measured pursuant to this Code. f. Entrances When a new building is constructed or an existing building is substantially remodeled,the primary building entrances shall be oriented to pedestrian ways along streets to encourage increased pedestrian density on existing streets,sidewalks and other public ways.Secondary building entrances or tenant space shall be required along alleys to take advantage of and enhance the intimate scale of the alley space,as illustrated in Figure 50.05.004-B:Alley with Entrances and Figure 50.05.004-C:Alley without Entrances,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 172/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-B:Alley with Entrances MI rfit n, . • a�' or,./.-- t, a 16". __. .. „. :.:„; ,„: ., -. . 1 , .. -0014,4770- 002...,s . rl Aral . 911.11 Figure 50.05.004-C:Alley without Entrances \ ti � 011. A' J\ 01 4 yL . rJ r l i. N. i'i �- ti� 4 111111 -------__:, ~_ . .. g. Street Corners New structures shall be located to preserve or create strong building edges at street corners.Structures may"cut the corner"to create a building entry or to provide pedestrian space but shall use building design elements to create a structured comer as illustrated in Figure 50.05.004-D:Building Design at Street Corners,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 173/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-D:Building Design at Street Corners $��iAwalk r A, p. G 18111 �� Sidewalk l�\4 y • maybe free standing m]umn or nEellak A• E lb 11. Building \\.\\J= Column supporting building above (Ord.2783,Amended,06/19/2018;Ord.2579,Repealed and Replaced,03/20/2012) 6. BUILDING DESIGN Revised 4/23 Building elements shall be designed to create a village character through compliance with the following requirements: a. Lake Oswego Style Required Buildings shall be designed using building design elements of the Lake Oswego Style to create distinctive buildings which have richly textured,visually engaging facades.See LOC 50.11.001,Appendix A—Lake Oswego Style. b. Storefront Appearance Required Buildings fronting on streets,and alleys designed for pedestrian use shown in Figure 50.05.004-EE:Compact Shopping District,below,shall create a storefront appearance for commercial uses on the ground floor.This may be accomplished by changing building planes,materials or window patterns,or by creating a break in awning or canopy construction at intervals of about 25 ft.as illustrated in Figure 50.05.004-E:Break in Awning or Canopy Construction. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 174/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-E:Break in Awning or Canopy Construction :0.11 V "0 Q ( ) it t n n } I1 F.11 '''i.,, ‘ g , -Ili 1 ri: :,, . u.., f 0.: .... 1,__ 1 2 i 11 Figure 50.05.004-EE:Compact Shopping District i . , _ K s� ,_. _ _, f:...,,..,. _____ ,T L____L__ ! k...- . .,''''..............f.i. 1 , , ./ .... „, ' F... rieN___:„:„.........§01a ihasiss... In addition,such design shall maximize the opportunity for window shopping through compliance with the following requirements: i. A minimum of 80%of the exterior ground floor facade abutting pedestrian ways shall be designed as storefront with display windows and entry features. ii. The bottom edge of windows along pedestrian ways shall be constructed no more than 30 in.above the abutting walkway surface and shall be no closer than 12 in.above the walkway surface. iii. Sufficient interior or soffit lighting to allow night-time window shopping shall be provided. c. Materials The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 175/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i. Ground Floor Buildings shall use masonry as the predominant building material for walls on the ground floor."Masonry" includes fabricated bricks,blocks,stucco and glass.The design of these materials shall create an historic or vernacular Lake Oswego Style appearance as shown in LOC 50.11.001,Appendix A—Lake Oswego Style. ii. Upper Stories Buildings shall use wood(including engineered/composite wood)and glass as the predominant building materials for upper stories.These materials are intended to soften the appearance of a building that sits on a heavier-appearing masonry/glass base and thereby effectively creating a mixed use village appearance. iii. Roof Roofs shall use the following roofmg materials: (1) Slate,tile,shakes or wood shingles,or synthetic materials(e.g.,concrete,pressed wood products, metal or other materials)that are designed to and do appear to be slate,tile,shake,or wood shingles. (2) Copper or zinc roofing materials in styles representative of period architecture in the Lake Oswego Style.Metal roofs other than copper and zinc shall only be allowed in subdued colors and on small roof sections,not as a whole roof application. (3) If new or substantially remodeled building utilizes a flat roof,materials that will not cause roof repairs(patching)to be readily visible. iv. Prohibited Materials The following exterior building materials or finishes are prohibited: (1) Plastic,except when used to replicate old styles(e.g.,vinyl clad windows,polyurethane moldings, plastic columns,etc.); (2) Metal or vinyl siding; (3) Mirrored glass; (4) T-111 Type plywood; (5) Corrugated metal or fiberglass; (6) Standard form concrete block(not including split faced,colored or other block designs that mimic stone,brick or other similar masonry);and (7) Backlit fabrics,except that awning signs may be backlit fabrics for individual letters or logos. d. Ground Floor Design Buildings shall have a strong ground floor cornice designed to separate the ground floor functions and materials from the upper story or stories and to provide continuity with cornice placement on abutting buildings as shown in Figure 50.05.004-F:Ground Floor Design. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 176/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-F:Ground Floor Design � °mud Errp g Ialrsr-- ii WIT MITIlin Ll.� Methods for compliance with this requirement include but are not limited to: i. Use of the same or similar building materials and/or colors from storefront to storefront or building to building;or ii. Painting the wood elements in the first floor storefront areas white,black,dark brown,dark green or gray- blue.This color range is not intended to be an exclusive list,but is recommended to create compatibility and design strength at the ground floor storefront level while encouraging diversity with multi-tenant buildings and in large lot(whole block)developments. e. Molding Design Moldings,window casings and other trim elements shall be designed in a dimension and character reflecting the Lake Oswego Style.Larger dimensions may be used to exaggerate or illustrate a creative design concept or to match the scale of the new building.Moldings shall match or complement the detailing of adjacent buildings that comply with this section. f. Enclosure or Screening of Mechanical Equipment Mechanical equipment shall be mounted within gable or hip roof attics where possible.Roof mounted mechanical equipment on flat roofed structures shall be screened by parapet walls to the maximum degree possible.Site located mechanical equipment shall be installed in below grade vaults where possible.Other building mounted mechanical equipment shall be screened from view to the maximum degree possible. g. Awnings and Canopies for Weather Protection Buildings with more than one story shall provide awnings or canopies extending six ft.horizontally over windows and doors that face a public street,as shown in Figure 50.05.004-G:Awning Design and Brick Pavement Panel, except when a window abuts landscaping or where ground floor residential units face a public street,no awning or canopy is required.Bullnose,dome,circular,quarter-round and waterfall awnings shall not be allowed. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 177/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-G:Awning Design and Brick Pavement Panel i }� 0NI NCI'". 115113°111111 — 1 �I `x \ _ --::---xs, h. Outdoor Relationships Buildings shall be designed to open up to outdoor seating and display areas that are intended to be accessory to an indoor use,such as a restaurant or cafe. i. Mixed Use Residential Mixed use buildings with a residential component shall define the residential portion of the structure through the use of design elements such as decks,balconies,landscaping,chimneys,dormers,gable or hipped roofs or step backs above the second story to provide upper story deck areas as shown in Figure 50.05.004-F:Ground Floor Design and Figure 50.05.004-H:Mixed Use Residential.Masonry should be used for chimney construction. Figure 50.05.004-H:Mixed Use Residential li .'I�f 1� rE :ItI; . iliFc---F-'-011- . 7•7-.--,.. for, '10; , ._,,,[ . .. . _WI - =____=, '- : mo-Fotiiiii,liz ilill :rim _ I,. r . ,,e. .ria. .., till. ,-i'71!,,,qpi..7 iiiii: AI aw i _ ''...:-".-T. - raG .lVI r 'F+-- } j. Corner Buildings Buildings located on street comers shall: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 178/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i. Be designed to complement and be compatible with other corner buildings at the same intersection by repeating or echoing the same pattern of corner treatment by creating similar focal points such as entries, towers,material or window elements,signage,etc. ii. Reinforce building corners by repeating facade elements such as signs,awnings and window and wall treatments on both"Avenue"and"Street"sides. Hi. If the building"cuts"the corner at ground level,anchor the corner with a column supporting the upper levels or roof or with a free-standing column or obelisk.The area of the"cut"corner shall be equal to or greater than the public area in the abutting sidewalk as shown in LOC 50.11.001,Appendix A—Lake Oswego Style, Figure 2. k. Alley Space Alley space shall be designed to minimize service functions,to screen trash/storage areas and to enhance pedestrian/patron use.Outdoor cafe seating,landscaping,signage,lighting and display features shall be included in alley design where feasible. (Ord.2909,Amended,02/07/2023;Ord.2832,Amended,01/07/2020;Ord.2732,Amended,02/21/2017;Ord. 2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 7. VIEW PROTECTION New development shall preserve and enhance any available views of Mount Hood and Lakewood Bay by compliance with the following requirements.These regulations are not intended as a guarantee that a view will be preserved or created,only to require special and significant efforts to maintain and provide views. a. Street trees on"A"Avenue shall be selected and located to preserve views of Mt.Hood. b. New structures shall be designed and located to preserve and enhance views of Lakewood Bay from the south end of Block 138 and from the Lakewood Bay bluff. c. Restaurants,outdoor cafes,housing and hotels shall be oriented to available views,especially views of Lakewood Bay,where feasible.Public gathering places shall be designed to maximize any available toward Lakewood Bay. d. Staff may require site sections,photographs,view diagrams,survey spot elevations,view easements and other similar tools in order to ensure compliance with the requirements of this section. (Ord.2579,Repealed and Replaced,03/20/2012) 8. LANDSCAPING AND SITE DESIGN REQUIREMENTS 410 a. Purpose.Landscaping shall be designed to enhance building design,enhance public views and spaces,define the street,provide buffers(screening)and transitions,and provide for a balance between shade and solar access. b. Amount of Landscaping Required. i. Landscaping on the site,visible from the ground,shall comply with the following amounts: (1) Residential and live/work:15%of the lot. (2) Nonresidential development:10%of the lot. ii. Vines on espaliers shall be placed along at least one building wall. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 179/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS iii. In addition to the landscaping required in subsection 8.b.i of this section,landscaping for screening and buffering shall be required: (1) To screen public or private utility and storage areas and parking lots. (2) As a separation between dissimilar uses. c. Style and Design. i. Landscaping shall be coordinated with the building design so that landscaping complements the building design.Landscape design shall incorporate elements such as iron/steel plant balconies,metal fences,railing and gates,masonry walls,window boxes,hanging plant brackets and other similar features that complement the character of the building design. ii. Landscaping may be placed in pots,raised planters,or flower boxes. M. Courtyards visible from the public street shall be provided on new commercial,multi-family and residential mixed use structures along any facade greater than 200 ft.Required courtyards shall be at least 225 sq.ft.in area with no single dimension less than 15 ft.and shall contain landscaping or features that complement the design of the building and the surrounding structures and landscaping.Courtyard amenities, including art or fountains,may be required as part of the design by the reviewing authority. iv. Landscaping design shall be compatible with abutting or adjacent properties and shall consider the relationship of plantings,site furnishings and materials on those properties and the proposed site. d. Street Trees.Street trees shall be planted in conformance with the Street Tree List in the Lake Oswego Plant List,and City/LORA specifications for spacing,planting,root barriers,irrigation,lighting(uplighting and holiday lighting),etc. e. Ground Floor Residential Use.Residential uses at the ground floor shall be separated from sidewalks by a landscaped buffer(see LOC 50.05.004.6.d).The landscape buffer may include stairs,railings,walls,pilaster columns or other similar features. f. Green Landscaping. i. Landscape design shall incorporate the following environmentally friendly design and planting concepts to the maximum degree possible: (1) Use plant materials that are best suited for the areas of the site,e.g.,water,soil,sun and shade. (2) Use plant materials,soils,and soil amendments which minimize the use of fertilizers,particularly ones containing phosphate. (3) Use drought-tolerant plants,when possible,to minimize water usage. (4) Incorporate native plantings and utilize plant materials which are grown in the Pacific Northwest; nuisance and invasive plants,as identified in the Lake Oswego Master Plant list in LOC 50.11.004, Appendix D,and the Invasive Tree Species List on file at the Planning Department are prohibited. (5) Use plant materials that are pest and disease resistant to minimize or avoid the use of pesticides and fungicides. (6) Irrigation shall use methods and watering schedules which minimize water consumption.These may include drip,micro-spray or bubbler emitters for trees and shrub beds.Irrigation systems shall be designed with solar powered controllers when practicable. (7) Design tree and vine placement to provide shade on ground and wall surfaces during warm months. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 180/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. The landscape plans shall include instructions for the continued maintenance of the landscaping,which shall include the following: (1) When necessary,utilize soil amendments and soil mulches to preserve moisture content. (2) Irrigation shall avoid systems which throw water into the air especially during high wind or high temperature periods.Watering should occur between 6:00 p.m.and 9:00 a.m. (3) Plant during seasons when plants will be less stressed and requires less initial watering. (4) Plant trees"bare root"when possible. (5) When possible,plant turf by seed(not sod),to promote deep root development which will make the turf more drought tolerant. g. Street Furniture and Lighting Buildings shall incorporate street furniture and lighting within the public right-of-way and in private areas open to public pedestrian activity.Street furniture and lighting shall comply with designs approved by the City of Lake Oswego as shown in Figure 50.05.004-I:Street Furniture and Lighting. Figure 50.05.004-I:Street Furniture and Lighting a ii LI dr,1 I . .71' A ' ' h. Brick Paving Where a development is proposed abutting to a sidewalk or intersection,brick paving shall be required for sidewalk surface detail panels on numbered streets and at primary building entrances as shown in the paving detail diagrams. Brick pavers shall be used to provide color and texture on north-south streets.The use of brick,cobbles or flagstones as pavement for other pedestrian ways,courtyards or parking lots is encouraged,but is not required.See Figure 50.05.004-J:Paving Materials and Design,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 181/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-J:Paving Materials and Design Brick basket i+eave Herringbone Running Crpeg Diagonal niii= :.::_.-",:',:':•,.-.....c..' 21 illimimi IlL,11.1 :.: .:,:::.-......:,....,:.:...:•:::::..1: " _f_ I . ;44%0' 401;.',. iv'. . F. T i ! � 'I '� ill iii ' 1 _IAll 4 -ill- i:,• _:.-L,,--, ,,L...-- - : L t..., i...., _.• . „..„. ,--,,....1 6.mi-ff. 1 i T 4SV. F VL , . I iiiiro 0.014" -- • lililli I 0 L . --i - am 1,41111. RFS* dim . . W ,� IIII I A 4, . Illits„ * a...„ ,iiir Rik ......h . ,y ► � � ail Ail - ii .- 0. Plkett Rectangular Random semi-irregular 1cregular Crazy Pauiog Rectangular (fitted) (irregular Stonea unitcteal i. Walls New and substantially remodeled buildings shall use natural stone(preferably Columbia River Basalt)for retaining walls,courtyard walls or similar landscape applications as illustrated in Figure 50.05.004-K:Wall Materials and Design. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 182/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-K:Wall Materials and Design I[ II fl 1 I II JI aahlue with Clamfered.quoins Sus lea t ion Ir 1 III I. Mums Ce red RurtICatsCel Handed Rustic.cion ._._ 1_ I !iM 111 ■■IN ■ r �; i at-eased Stone Cytlppe.n [rock-1.ced] Scone 1111.1140 .--1201 Specked Stone Randoe Rubble j. Gates and Hangers Decorative iron gates and hangers for signs,flags and hanging baskets shall be required as part of the landscape plan and shall be designed in the Arts and Crafts style. k. Hanging Baskets Any required landscaping shall include seasonal hanging flower baskets placed within parking lots and along streets and sidewalks. 1. Art The site design for a new or substantially remodeled existing building shall include locations for placing public or private art. m. Protecting Pedestrians The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 183/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS In areas of potential vehicle/pedestrian conflict,City approved street furniture or bollards(see Figure 50.05.004-I: Street Furniture and Lighting)shall be used to help create a"protected zone"for the pedestrian. n. Undergrounding of Utilities Overhead utilities shall be placed underground,unless the City Engineer determines that undergrounding is not practical based upon site conditions. o. Buffering Between EC and R-DD Any development in the EC zone that abuts a dissimilar use in the R-DD zone must provide a minimum of 15 ft.of landscaped area to separate,screen,and,as applicable,buffer noise,lighting or other impacts between the dissimilar uses. (Ord.2783,Amended,06/19/2018;Ord.2732,Amended,02/21/2017;Ord.2648,Amended,02/17/2015;Ord.2526, Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 9. PARKING REQUIREMENTS Revised 4/23 Parking shall be designed to provide adequate space while preserving and enhancing the village character of Lake Oswego,through compliance with the following criteria: a. Number of Spaces New uses shall provide the number of parking spaces required under the City of Lake Oswego Parking Standards (LOC 50.06.002),modified as follows: i. New uses within existing buildings may demonstrate compliance with the parking requirement through the use of existing spaces on adjacent property if the applicant complies with all of the following criteria: (1) The applicant demonstrates that the proposed use has substantially different peak period parking needs than uses served by the parking spaces on the adjacent property.Evidence necessary to support such demonstration may include a by-the-hour parking study,patron use evidence from register tapes,or written employees'transportation and parking policies. (2) The applicant demonstrates that they have the permission of the owner of the adjacent property to utilize their property for parking,either by an easement or a parking agreement or leases that will last for the life of the use. (3) The location of the adjacent property complies with LOC 50.05.004.9.b. ii. High-turnover eating or drinking establishments such as coffee shops,ice cream parlors and"take-and- bake"food services may vary from the parking requirements for restaurants by providing evidence that demonstrates the short-term nature of their employee and patron parking needs.In no case,however,shall parking be reduced below the number of spaces that would be required for an equal size retail store. iii. Existing on-street parking along the property frontage shall be used to calculate parking requirements. iv. In the portion of the downtown shopping and business district shown on Figure 50.05.004-L:Downtown— No Additional Required Parking,below,no additional parking shall be required for existing or proposed uses when: (1) A retail use locates in an existing structure,or (2) An existing structure is expanded,the ground floor footprint does not increase in area,and no parking is removed. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 184/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-L:Downtown-No Additional Required Parking • ,, a5-•,. -, .:' ''' C ,,, ..2 .,N -'''' sn,• `", 1 . , i ,.. 4c, _::/.:•-" ..r r ,•'f- ,,2 ,•x. 4,.. - ,-,„ ,„,, z ,6 I II ,., -,. ..4 -,. 7.: ..: - • 't. 1 . •1T ••,. . •e3 •' i.:. .: ,, •' E•,•er.r.0,;,,T q It %• .• •"' ,,, - ,.. ' '' ''" '' Z' '''' .‘•- •'. •F',' - - ''' 1: ./: — I +,.r.A,• . si-••...., , 7,' !.!11 r,r- •• ., , - •• „ , - ,4 •E i V" ..., , t• • ' - .2.7 .- 1 '''' - • % .• '';',10.: --- - - a IN ma' MO a.= Fat b. Employee and Patron Parking Restrictions Employee and patron parking shall be restricted to available parking within the commercial district as follows: i. On-site parking, H. Owner or easement parking for patrons within 500 ft.of the business site, Hi. Owner or easement parking for employees within 1,000 ft.of the business site,or iv. On-street parking along the property frontage. (Ord.2909,Amended,02/07/2023;Ord.2783,Amended,06/19/2018;Ord.2668,Amended,12/01/2015;Ord.2643, Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 10. PARKING LOT DESIGN Parking shall be designed in compliance with the following criteria: a. Parking configuration and circulation shall be designed to provide access from streets within the district and direct traffic away from residential zones,particularly delivery vehicles.Off-site,signal or signage improvements may be required if needed to direct traffic away from residential zones. b. Driveways to parking areas shall be located to avoid breaking the storefront pattern along primary pedestrian ways.First Street south of"B"Avenue shall be considered a primary pedestrian way. c. Parking lots and structures shall be sited and designed to mitigate adverse lighting and noise impacts on residents.The reflection of sound by the lake surface shall be specifically considered. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 185/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (Ord.2579,Repealed and Replaced,03/20/2012) 11. PARKING STRUCTURES In addition to compliance with the requirements of LOC 50.05.004.10,a proposed parking structure or garage shall comply with the following design standards: a. Retail storefronts at the ground level of parking structures shall be located at the periphery of parking areas and structures.The street side of residential parking structures may contain facilities or services for residents,such as laundry rooms,lobbies,or exercise rooms. b. Building materials shall complement abutting building materials as illustrated in Figure 50.05.004-M:Parking Structure Building Materials and Entries.In cases where a parking structure extends to the periphery of a site,the design of the structure shall reflect the massing,fenestration and detailing of adjacent and abutting buildings. Figure 50.05.004-M:Parking Structure Building Materials and Entries I I. • 4 1DE 8®E EmiE c. Architectural elements such as a frieze,cornice,trellis or other device shall be continued from a residential portion of the building onto a parking structure. d. Entries shall be designed to be subordinate to the pedestrian entry in scale and detailing.If possible,parking structure entries shall be located away from the street,to the side or rear of the building. e. If possible,parking structures should be designed so that portions of the parking structure decks are used for landscaping or entry courts to abutting buildings. f. Parking structures shall be detailed at ground level in a manner similar to adjacent or abutting buildings in order to create a strong/emphasized base. (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 186/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 12. STREET,ALLEY AND SIDEWALK DESIGN Street,sidewalk and alley design shall safely and efficiently provide for vehicular and pedestrian travel while enhancing village character through compliance with the following design standards.These standards shall apply in addition to any other City requirements for street,alley or sidewalk design.In the event of a conflict,the provisions of this section shall control. a. "A"Avenue Any improvements to"A"Avenue shall be designed and constructed in conformance with the 1994 Concept Plan as it exists now or may in the future be amended by LORA.This plan identifies turn lane configuration,island location, signal location and general scope of the project."A"Avenue shall be designed to blend with and continue the design themes of the Demonstration Street Project as shown in Figure 50.05.004-N:Demonstration Street Project,or in conformance with the completed construction plans for the next phase if such plans are available and have been approved by LORA. Figure 50.05.004-N:Demonstration Street Project iii iiwuii II "''' n I' f 1i h NIa"aN!.IIIIN . I"1'II'• i j 'ir;lil; iI I ;::{{II"II III f 11111 3III•�i:.Ydl�pl IN I� V.. Nil•:::!��„!!� ;,,iii�lf• il. .,.`�:,;: _ I �I ' I AirLd .0111:�a rPYl I5 r». �, .*",# . i r rt 1 , i im^•'A�•.i•.�;•�k.:.-1111,FCG..'.:.4�.�,�j :---�:'{ Yg �:1;: Ci,ikR �: I I ! •A li 1.. • II I 1 I'ri!f nfi ', �mii:iri�auN.' hi� tili> �!^�il� iAl ur I ilDu�kil�;!'Ils!!51!�y!Nll.,f!il'�41 MIJIIIII.w��'•^ . r��u!I!!tf lhu/! 6 • }Is } c: : 1--- b. Intersection Design i. Intersections on"A"and"B"Avenues shall create crosswalks in a different material and texture than the street paving(e.g.,concrete,cobbles,or brick)to bridge the intervening streets. ii. Curb extensions shall be created at all intersections where feasible from a traffic management standpoint and unless such extensions would interfere with the turning and stopping requirements of emergency service vehicles(e.g.,fire trucks,ambulances),buses or delivery vehicles.Such extensions will be designed to accommodate the turning and stopping requirements of such vehicles. c. Sidewalks Sidewalk design shall consider and encourage opportunities for outdoor cafes,pushcart vendors,seasonal sidewalk sales,festivals and similar uses and activities which enliven pedestrian walkways. d. Alleys Alleys shall be incorporated into design plans as pedestrian and vehicular accessways. e. Angle Parking On numbered streets,angle parking shall be installed when it will maximize the number of spaces provided and still comply with the capacity,service level and safety requirements of the street system. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 187/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS [Cross-Reference:LOC 42.08.400—Sidewalk Standards.] (Ord.2797,Amended,11/06/2018;Ord.2579,Repealed and Replaced,03/20/2012) 13. CLEAR AND OBJECTIVE HOUSING STANDARDS FOR APPROVAL Revised 4/23 a. Purpose By compliance with the clear and objective standards of this article,the purpose of the Downtown Redevelopment District Design Standard,to guide the redevelopment of downtown Lake Oswego in a manner that creates a village character with a feeling of vitality and sense of place in order to attract private investment and redevelopment of the area and create a community center that reflects and enhances the village character of the City of Lake Oswego,will be met. b. Clear and Objective Track 2 Alternative Applicability i. A development in the Downtown Redevelopment District(shown in Figure 50.05.004-0)that involves substantial remodeling of,as defined in LOC 50.05.004.2.b,or construction of new dwellings or a structure for residential mixed use may comply with this section in lieu of compliance with LOC 50.05.004.1 through 50.05.004.12. ii. In the R-2 zone,household living residential development and group care homes shall comply with the following DRDD standards in addition to the structure design standards of LOC 50.06.001.2 and 50.06.001.4: (1) Building Siting and Massing—subsection 13.e.ii of this section:Complex Massing Required; subsection 13.e.iv of this section:Roof Forms. (2) Building Design—subsection 13.f.i of this section:Lake Oswego Style Required;subsection 13.f iii of this section:Materials;subsection 13.f.v of this section:Molding Design. (3) Landscaping and Site Design Requirements—subsection 13.g.iv of this section:Street Trees; subsection 13.g.viii of this section:Brick Paving;subsection 13.g.ix of this section:Walls. Figure 50.05.004-0:Downtown Redevelopment District A.. f 3 j m I r ,. ag ""'u / •. om.s / c. Relationship to Other Development Standards i. LOC 50.06.001.7.c.i and 50.06.001.7.c.ii,Standards for Multi-Family and Residential Mixed Use Structures,and Standards for Townhouse/Rowhouse Structures shall apply where required by this Code section.All other standards in LOC 50.05.001.7 are superseded by the standards in this article of the overlay district. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 188/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. LOC 50.05.004.8 shall apply in addition to the requirements of LOC 50.06.004.1,Landscaping,Screening and Buffering,but exceptions to the requirements of LOC 50.06.004.1 may be granted as provided in LOC 50.08.003.2.b,Downtown Redevelopment Design District Variance. iii. The parking standards(LOC 50.06.002)apply in full,but the requirements may be modified as provided in LOC 50.05.004.9,and exceptions maybe granted as provided in LOC 50.08.003.2.b,Downtown Redevelopment Design District Variance. iv. LOC 50.05.004.12 shall apply in addition to street standards contained in the remainder of this Code. v. In the event of conflict between this overlay section and any other provision of this Code,the provisions in this section shall apply. d. Definition of Village Character As used in this section,"village character"means a community of small-scale structures that appears and operates like a traditional small town.A village is typically composed of an assembly of smaller mixed used structures often centered on a square or other public space or gathering area,such as a body of water,a transportation route or a landmark building.Adherence to village character is not intended to require an historical reproduction of a turn-of- the-century small town,but rather to encourage the development of a sophisticated small city that is pedestrian friendly,creates a sense of community and attracts people to the downtown in the same manner and using similar design concepts as historic small towns and neighborhood centers. e. Building Siting and Massing i. Purpose The purpose of the following building siting and massing standards is to create a village character by ensuring that structures are sited and designed to achieve the following: (1) Reference a human scale that is appropriate to the size and scale of Downtown Lake Oswego. (2) Maximize pedestrian activity. (3) Preserve and/or create strong building edges at street corners. (4) Break up the building mass. (5) Create visual interest and variety. (6) Define entries and building functions. ii. Complex Massing Required (1) New buildings shall comply with the Building Articulation requirements in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. (2) Significant breaks shall be created along building facades at least once every 120 linear ft.by either setting back the facade at least 20 ft.or breaking the building into separate structures.Breaks shall be at least 15 ft.wide and shall be continuous along the full height of the building.For structures greater than two stories,the width and depth of the break shall increase by five additional ft.per story. iii. Pedestrian Oriented Siting New buildings with street-facing ground floor commercial uses shall be sited at the property line,with the exception of facade setbacks provided to comply with building articulation and landscaping requirements. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 189/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Buildings with ground floor residential uses shall be set back to comply with the four-ft.minimum landscaped buffer required by the landscaping and site design requirements of this section. iv. Roof Forms New buildings shall comply with the roof style and roof pitch requirements associated with the chosen Lake Oswego architectural style in LOC 50.05.004.13.E i.Flat roofed buildings shall only be allowed pursuant to LOC 50.08.005. v. Number of Stories New buildings shall be at least two stories tall,and new and remodeled buildings shall be no greater than three stories tall,except: (1) Fourth Story A fourth story may be permitted subject to the following: (a) The fourth story is residential and is contained within a gabled or hipped roof; (b) The site is sloping and the structure has three or fewer stories on the uphill side; (c) The fourth story is stepped back at least eight ft.from the building plane created by the lower stories;or (d) Dormers,towers,clerestories are included in the fourth story. (2) Single-Story Single-story construction may be permitted subject to the following: (a) It is an area covered by a secondary roof form,including an entry area,canopy over an outdoor restaurant or drive-through,building ends or wings which relate to open space or as a step down to an adjacent one-story viable existing structure;or (b) When a minimum height of 20 ft.is maintained at the right-of-way or street side building edge. vi. Height Limit No building shall be taller than 60 ft.in height.No flat roofed building shall be taller than 41 ft.in height. Height shall be measured pursuant to this Code. vii. Entrances (1) Purpose These standards are intended to encourage increased pedestrian density on existing streets,sidewalks and other public ways,and to take advantage of and enhance the intimate scale of the alley space. (2) When a new building is constructed or an existing building is substantially remodeled,the primary building entrances shall be oriented to pedestrian ways along streets and secondary building entrances or tenant space shall be required along alleys as generally illustrated in Figure 50.05.004-P:Alley with Entrances,and Figure 50.05.004-Q:Alley without Entrances,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 190/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-P:Alley with Entrances ` `'11 _ ilt .ire - a a`�,r- -.-- r T Pgak•1ei1jA_rye-�� F..�4 - Jk M 7 11 Figure 50.05.004-Q:Alley without Entrances `.. 1 iiie !';'.i.;f::;--=-^-,- I kr„., . .-- r ....,, i_ 4 1.mum � i_ inii.,,s,, ---,.. _ ,,, :,- . 1 • 4...,,,:,. .... viii. Street Corners (1) New multi-family and mixed use residential structures located at the corner of two streets shall locate the primary building entry at or within 20 ft.of the corner of the building.In addition,these buildings shall address the corner through one or more of the following methods,as illustrated in Figure 50.05.004-R. Where other buildings at the same intersection have any of these treatments,repeat the existing treatment/s.Corner treatments shall be repeated no more than twice at any intersection. (a) Set back the corner of the building,such that it creates a plaza or forecourt space in front of the building entrance; (b) Provide a chamfered(or 45-degree"cut")corner,or a rounded building corner; (c) Provide increased building height(and associated roof forms)at or within 20 ft.of the corner of the building; (d) In addition to the above methods,the corner may be emphasized by special paving materials within the sidewalk at the corner. (2) Repeat at least three of the following design elements from other buildings at the same intersection: (a) Location and orientation of main entrance. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 191/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) Window size and orientation. (c) Upper story facade treatments. (d) Primary and secondary roof forms. (e) Ground floor wall heights. (3) Where buildings front both a"Street"and A or B Avenue,reinforce building comers by repeating at least two of the following building facade elements on the street and avenue sides:signs,ground floor awnings,ground floor window pattems,and/or ground and upper floor material treatments. (4) If the building"cuts"the comer at ground level,anchor the comer with a column supporting the upper levels or roof or with a freestanding column or obelisk.The area of the"cut"comer shall be equal to or greater than the public area in the abutting sidewalk as shown in LOC 50.11.001,Appendix A-Lake Oswego Style,Figure 2. Figure 50.05.004-R:Building Design at Street Corners -----:=--- —-Th---- i i--—--I—--I 2 Cf SI re ii it- :['itte L Ai - - r* • t�L--f ,�t91 F; Et-------------- - - fl !II -_ I v PI- 1 i1 R i IJU [UU, {� .1.i Mil ]' . , .t. . _ir p re, at,s Q owrmrNed opne1 G Inc-maccl lknklm44 hVypr 0 *Wad panngmeecel f. Building Design Purpose:The following building design requirements achieve a village character through building massing, composition,materials,ground floor design treatments,and other building design elements in the Lake Oswego Style: i. Lake Oswego Style Required The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 192/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) Purpose The following standards are intended to create distinctive buildings which have richly textured,visually engaging facades. (2) New structures in the Downtown Redevelopment Design District shall be designed in accordance with the following traditional architectural styles:Arts and Crafts,English Tudor,or Oregon Rustic style. Structures shall provide all of the Required Design Elements outlined below for the chosen architectural style(s).Photo examples for each style are provided for reference in LOC 50.11.001,Appendix A. (a) Arts and Crafts Style Required Design Elements:Structures built according to the Arts and Crafts style shall provide all of the following design elements: (i) Massing/Composition: (A) Asymmetrical composition required.This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade(see Figure 50.05.004-S). (B) Multi-Family Residential and Mixed Use Structures:See LOC 50.06.001.7.c.i and ii for building articulation requirements. (ii) Roof:Steeply pitched gable with a minimum pitch of 10:12.Dormers are exempt from minimum pitch requirement. (iii) Exterior Building Materials:Stucco,shingle,brick,stone,horizontal wood siding(or a combination thereof). (iv) Windows:Casement and sash windows with multi-paned glazing.Picture windows are permitted on the ground floor only."Snap on,"surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted). Figure 50.05.004-S:Asymmetrical Composition Required riElj I EU GO QJ _ Asymmetrical composition (v) Additional Design Elements:In addition to the Required Design Elements,above, structures built according to the Arts and Crafts style in the Downtown Redevelopment Design District shall provide at least one of the following design elements: (A) Roof Style:Dormers,or intersecting or multiple gable dormers or roof forms. (B) Materials:Simplified English vernacular elements such as simulated half-timbered walls. (C) Windows:Segmental and round arched openings used for accent. (I)) Molding:Minimum 3.5-in.wide trim on doors and windows. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 193/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (E) Other Elements:Prominent stone or masonry chimneys. (b) English Tudor Style Design Required Elements Structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide the following design elements: (i) Massing/Composition: (A) Asymmetrical composition required.This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade(see Figure 50.05.004-S). (B) Multi-Family Residential and Mixed Use Structures:See LOC 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements. (ii) Roof:Steeply pitched gable roof with a minimum pitch of 10:12.Dormers are exempt from this requirement. (iii) Exterior Building Materials:Brick,stucco,and/or stone. (iv) Windows:Multi-paned picture,bay,oriel,casement,and/or dormer windows."Snap on," surface-applied window mullions are prohibited(simulated divided light windows wherein the mullion is integral to the window assembly are permitted). (v) Additional Design Elements:In addition to the required design elements,above,residential and residential mixed use structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide at least one of the following design elements: (A) Roof Style:Double gable roof forms and/or dormers. (B) Windows:Leaded glass windows. (C) Building Materials:Complex brick courses that may include running bond,common bond, Flemish,and English bond patterns;or imitation half-timbering. (D) Molding:Minimum 3.5-in.wide trim on doors and windows.Trim should be of a contrasting color to the adjacent building wall.Brick buildings may provide contrasting stone moldings.Decorative trims are also encouraged. (E) Other Elements:Prominent stone or masonry chimneys;tudor-arched(as illustrated in the1650 North Shore example in LOC 50.11.001,Appendix A)or round-arched openings, particularly in the entrance door. (c) Oregon Rustic Required Design Elements Structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide the following design elements: (i) Massing/Composition: (A) Asymmetrical composition required.This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade(see Figure 50.05.004-S). (B) Multi-Family Residential and Mixed Use Structures:See LOC 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 194/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (ii) Roof Style:Hipped and/or gable roofs(may be used in combination)with a minimum pitch of 5:12. (iii) Eaves:Minimum eaves of 18 in. (iv) Exterior Building Materials:Horizontal lap siding,board and batten,shingled siding,wood logs (unpeeled or half rounded)applied as siding,or combinations thereof.Stone(including river boulders) may be used in foundations or as siding for first-floor levels. (v) Windows:Multi-paned windows required."Snap on,"surface-applied window mullions are prohibited(simulated divided light windows wherein the mullion is integral to the window assembly are permitted). (vi) Additional Design Elements:In addition to the required design elements,above,residential and residential mixed use structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide at least one of the following design elements: (A) Windows:Functional shutters. (B) Molding:Minimum 3.5-in.wide trim on doors and windows.Molding should be simple, square cut,or single-angle cut trim.Carved accents such as newel posts,exterior banisters, railing,etc.are also encouraged. (C) Building Materials:Natural,clear wood or semi-transparent finishes(instead of opaque paint). (D) Other Elements:Prominent stone chimney. ii. Storefront Appearance Required Buildings fronting on streets,and alleys designed for pedestrian use shown in Figure 50.05.004-EE:Compact Shopping District,shall create a storefront appearance for commercial uses on the ground floor.This is accomplished by complying with LOC 50.06.001.7.c.i(2),Building Facade Elements. In addition,such design shall maximize the opportunity for window shopping through compliance with the following requirements: (1) A minimum of 80%(linear measurement)of the exterior ground floor abutting pedestrian ways shall be designed as storefront with display windows and entry features. (2) The bottom edge of windows along pedestrian ways shall be constructed no more than 30 in.above the abutting walkway surface and shall be no closer than 12 in.above the walkway surface. (3) Sufficient interior or soffit lighting to allow nighttime window shopping shall be provided. iii. Materials (1) Ground Floor Multi-family and residential mixed use structures shall use masonry on a minimum of 75%(linear measurement)of any street-facing ground floor building facade.Ground floor masonry materials shall be selected from the list of exterior building materials provided within the required or additional design elements for each of the Lake Oswego styles outlined in this Code section."Masonry"also includes fabricated bricks,blocks,stucco and glass. (2) Upper Stories The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 195/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Multi-family and residential mixed use structures shall use both wood and glass on a minimum of 60% (linear measurement)of each upper-story facade.Upper floor building materials shall be selected from the list of exterior building materials provided within the required and/or additional design elements for each of the Lake Oswego styles(see LOC 50.11.001,Appendix A).For the purposes of this standard,wood includes engineered/composite wood material as outlined within the Lake Oswego styles in subsection 13.f.i of this section.These materials are intended to soften the appearance of a building that sits on a heavier-appearing masonry/glass base and thereby effectively creating a mixed use village appearance. (3) Roof Roofs shall use the following roofing materials: (a) Slate,tile,shakes or wood shingles,or synthetic materials(e.g.,concrete,pressed wood products, metal or other materials)that are designed to and do appear to be slate,tile,shake,or wood shingles. (b) Copper or zinc roofing materials in styles representative of period architecture in the Lake Oswego Style.Metal roofs other than copper and zinc shall only be allowed in subdued colors and on small roof sections,not as a whole roof application. (c) If a new or substantially remodeled building utilizes a flat roof,materials that will not cause roof repairs(patching)to be readily visible. (4) Prohibited Materials The following exterior building materials or finishes are prohibited: (a) Plastic,except when used to replicate old styles(e.g.,vinyl-clad windows,polyurethane moldings,plastic columns,etc.); (b) Metal or vinyl siding; (c) Mirrored glass; (d) T-111 type plywood; (e) Corrugated metal or fiberglass; (f) Standard form concrete block(not including split faced,colored or other block designs that mimic stone,brick or other similar masonry);and (g) Backlit fabrics,except that awning signs may be backlit fabrics for individual letters or logos. iv. Ground Floor Design (1) Ground Floor Cornice:Multi-family and mixed use residential structures shall visually distinguish the ground floor from upper floors through at least one of the following methods: (a) Provide a cornice separating the ground floor functions and materials from the upper story or stories.Ground floor cornice lines shall provide continuity with cornice placement on abutting buildings as shown in Figure 50.05.004-T:Ground Floor Design. (b) Provide a change in building material between the ground floor and upper floors. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 196/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-T:Ground Floor Design .4.A11-. . • ,,,,,,, „,,,. .___.. w.. r-,=,,..._..____„...T...... a,,,,. IMEN ISIOAM11.0. (2) Ground floor storefront design:Mixed use and commercial structures providing ground floor commercial uses shall comply with the following requirements: (a) Use the same building materials and/or colors from storefront to storefront within a single building;or (b) Paint the wood elements in the first floor storefront areas white,black,dark brown,dark green or gray-blue.This color range is recommended to create compatibility and design strength at the ground floor storefront level while encouraging diversity with multi-tenant buildings and in large lot(whole block)developments. v. Molding Design Moldings,window casings and other trim elements shall be as required by the chosen Lake Oswego Style. Larger dimensions than the stated minimum molding widths may be used to exaggerate or illustrate a creative design concept or to match the scale of the new building. vi. Enclosure or Screening of Mechanical Equipment Mechanical equipment shall be screened from view.Rooftop mechanical equipment shall not be visible from any sidewalk along public streets or any open space adjacent to the proposed development.To accomplish this, rooftop equipment shall be screened by either a parapet or architectural screen that is at least as tall as the equipment,or by setting back the equipment from the roof edges sufficient to restrict views of the equipment, at a minimum three ft.for each foot of height of the equipment.Solar or other renewable energy systems are exempt from this screening requirement,provided they meet the requirements in LOC 50.04.003.4.b.Other mechanical equipment located on site shall also be screened from view.Any utility box placed along a street front of a building shall be buried. vii. Awnings and Canopies for Weather Protection Buildings with more than one story shall provide awnings or canopies extending six ft.horizontally over windows and doors that face a public street,as shown in Figure 50.05.004-U:Awning Design and Brick Pavement Panel,except when a window abuts landscaping or where ground floor residential units face a public street no awning or canopy is required.Bullnose,dome,circular,quarter-round and waterfall awnings shall not be allowed. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 197/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-U:Awning Design and Brick Pavement Panel Cornice :... If lit lir-426: 111".. i ..-- viii. Outdoor Relationships Buildings shall be designed to open up to outdoor seating and display areas that are intended to be accessory to an indoor use,such as a restaurant or cafe. ix. Mixed Use Residential Mixed use buildings with a residential component shall define the residential portion of the structure by providing at least one of the following elements as shown in Figure 50.05.004-T or Figure 50.05.004-V:decks or balconies,landscaping,chimneys,dormers,or building step backs above the second story.Brick or stone masonry shall be used for chimney construction. Figure 50.05.004-V:Mixed Use Residential fi i` - it�i fluff dirt' Roil Ill - 1 ' i ii. t . .L: 71gt4+� _, _ -. =—7 x. Alley Space Alley space shall be designed to minimize service functions,to screen trash/storage areas and to enhance pedestrian/patron use.Outdoor seating,landscaping,signage,lighting and display features shall be included in alley design. g. Landscaping and Site Design Requirements i. Purpose The following standards are intended to ensure that landscaping and site design elements help create a"village character"by providing high-quality landscape elements.Landscaping should be designed to enhance building design,enhance public views and spaces,define the street,provide buffers(screening)and transitions,break up scale and proportion,and provide for a balance between shade and solar access. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 198/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. Amount of Landscaping Required (1) Landscaping on the site,visible from the ground,shall comply with the following amounts: (a) Residential and live/work:15%of the lot. (b) Nonresidential development:10%of the lot. (2) Vines on espaliers shall be placed along at least one building wall. (3) In addition to the landscaping required in subsection 8.b.i of this section,landscaping for screening and buffering shall be required: (a) To screen public or private utility and storage areas and parking lots. (b) As a separation between dissimilar uses. iii. Style and Design (1) Landscaping and courtyards shall be coordinated with the building design so that landscaping and courtyard features complement the building design.This shall be accomplished by incorporating the same materials and/or colors into landscape and courtyard elements as used within the building,or by incorporating accent materials and/or colors from the building.This requirement applies to landscape and courtyard elements such as iron/steel plant balconies,metal fences,railing and gates,masonry walls, paving,window boxes,hanging plant brackets. (2) Landscaping may be placed in pots,raised planters,or flower boxes. (3) Courtyards visible from the public street shall be provided on new multi-family and residential mixed use development along any facade longer than 200 ft.Courtyards shall be at least 225 sq.ft.in area with no single dimension less than 15 ft.and shall include one or more of the following elements:seating, art,or fountains/water features. iv. Street Trees (Street trees shall be planted in conformance with the Street Tree List in the Lake Oswego Plant List,and City/LORA specifications for spacing,planting,root barriers,irrigation,lighting(uplighting and holiday lighting),etc.' Commented[JD39]:It may be worthwhile to mention "right tree,right place"concept here:A tree species' v. Ground Floor Residential Use projected spatial requirements should be considered when choosing which species to plant. Residential uses at the ground floor shall be separated from sidewalks by a four-ft.minimum landscaped buffer (see LOC 50.05.004.6.d).The landscape buffer may include stairs,railings,walls,pilaster columns or other similar features. vi. Green Landscaping (1) Landscape design shall incorporate the following environmentally friendly design and planting concepts: (a) Utilize plant materials that are best suited for the areas of the site,e.g.,water,soil,sun and shade. (b) Incorporate native and drought-tolerant plantings and utilize plant materials which are grown in the Pacific Northwest. (c) To minimize or avoid the use of pesticides and fungicides,use plant materials that are pest-and disease-resistant or that attract beneficial insects. (d) Irrigation systems shall be pressurized to limit water loss. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 199/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (e) Design tree and vine placement to provide shade on ground and wall surfaces during warm months. (t) Use root barriers to protect trees and avoid damage to pavement when planting trees near sidewalks and other paved areas. (2) The landscape plans shall include instructions for the continued maintenance of the landscaping, which shall include the following: (a) Use soil amendments and soil mulches to preserve moisture content. (b) Avoid or minimize the need to fertilize turf. (c) Water between 8:00 p.m.and 9:00 a.m. vii. Street Furniture and Lighting Buildings shall incorporate street furniture and lighting within the public right-of-way and in private areas open to public pedestrian activity.Street furniture and lighting shall comply with designs approved by the City of Lake Oswego as shown in Figure 50.05.004-W:Street Furniture and Lighting. Figure 50.05.004-W:Street Furniture and Lighting IP lllj viii. Brick Paving Where a development is proposed abutting to a sidewalk or intersection,brick paving shall be required for sidewalk surface detail panels on numbered streets and at primary building entrances as shown in the paving detail diagrams.Brick pavers shall be used to provide color and texture on north-south streets.The use of brick, cobbles or flagstones as pavement for other pedestrian ways,courtyards or parking lots is encouraged,but is not required.See Figure 50.05.004-X:Paving Materials and Design,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 200/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-X:Paving Materials and Design Brick 1111111117 7 jlli��i Fl. "'AV ♦i♦ 111 ♦ o 11•1 I MN III :\I411111�1 �*v 111=!�� Il11I.I 0 , 111=111 r. 11111.1 ,���: 111=m% ili I 1*�;. /.I •._. -' •a�' 'O :`• ■ _'. F '�1 1 • .. .1 -1 .a..ii . M 6.1/ ■■-■IL ■ E�... •i� 11! Stone �nc..n, . t.�_i.�,n�. ,t...., ix. Walls New and substantially remodeled buildings shall use natural quarried stone(preferably Columbia River Basalt) for all retaining or freestanding walls as illustrated in Figure 50.05.004-Y:Wall Materials and Design. Figure 50.05.004-Y:Wall Materials and Design 1 r I IL II 1[ R 1 _ 11 u &whits rtch cbeferne.quaint nele.tion m - 1 I, 1 I 11 m II I 1 _!. 1 r FALWIEii lt" 1 itaM ' {�� I f I V 'kill = na.s<e sink rc arm.!root fee..Stone ■ 2.. ri ;r ml -.u •L- �_ S etked Stone random Rubble X. Gates and Hangers Decorative iron gates and hangers for signs,flags and hanging baskets shall be required as part of the landscape plan and shall be designed in the Arts and Crafts style. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 201/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS xi. Hanging Baskets Any required landscaping shall include seasonal hanging flower baskets placed within parking lots and along streets and sidewalks. xii. Art The site design for a new or substantially remodeled existing building shall include locations for placing public or private art. xiii. Protecting Pedestrians In areas of potential vehicle/pedestrian conflict,City-approved street furniture or bollards(see Figure 50.05.004-W:Street Furniture and Lighting)shall be used to help create a"protected zone"for the pedestrian. h. Parking Requirements Parking shall be designed to provide adequate space while preserving and enhancing the village character of Lake Oswego,through compliance with the following criteria: i. Number of Spaces New uses shall provide the number of parking spaces required under the City of Lake Oswego Parking Standards(LOC 50.06.002),modified as follows: (1) New uses within existing buildings may demonstrate compliance with the parking requirement through the use of existing spaces on adjacent property if the applicant complies with all of the following criteria: (a) The applicant demonstrates that the proposed use has substantially different peak period parking needs than uses served by the parking spaces on the adjacent property.Evidence necessary to support such demonstration may include a by-the-hour parking study,patron use evidence from register tapes, or written employees'transportation and parking policies. (b) The applicant demonstrates that they have permission of the owner of the adjacent property to utilize their property for parking,either by an easement or a parking agreement or leases that will last for the life of the use. (c) The location of the adjacent property complies with LOC 50.05.004.9.b. (2) High-turnover eating or drinking establishments such as coffee shops,ice cream parlors and"take- and-bake"food services may vary from the parking requirements for restaurants by providing evidence that demonstrates the short-term nature of their employee and patron parking needs.In no case,however, shall parking be reduced below the number of spaces that would be required for an equal size retail store. (3) Existing on-street parking along the property frontage shall be used to calculate parking requirements. (4) In the portion of the downtown shopping and business district shown on Figure 50.05.004-Z: Downtown—No Required Parking,below,no parking shall be required for existing or proposed uses when: (a) A retail use locates in an existing structure;or (b) An existing structure is expanded and the ground floor footprint does not increase in area. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 202/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-Z:Downtown—No Required Parking 4 a ii. ; 6 , 7 A - A "77i47,? al • — - - • . Employee and Patron Parking Restrictions Employee and patron parking shall be restricted to available parking within the commercial district as follows: (1) On-site parking; (2) Owner or easement parking for patrons within 500 ft.of the business site; (3) Owner or easement parking for employees within 1,000 ft.of the business site;or (4) On-street parking along the property frontage. i. Parking Lot Design Parking shall be designed in compliance with the following criteria: i. Parking configuration and circulation shall be designed to provide access from streets within the district and direct traffic away from residential zones,particularly delivery vehicles. ii. All parking lot lights shall be directed downward and shielded in order to avoid light trespass on abutting properties.Parking lots abutting residential use shall be designed to minimize noise levels generated from vehicles such that normal use of the lot does not result in noise levels exceeding 60 dBA as measured at the edge of the parking lot or area abutting a residential use. j. Parking Structures In addition to compliance with the requirements of LOC 50.05.004.10,a proposed parking structure or garage shall comply with the following design standards: i. Retail storefronts at the ground level of parking structures shall be located at the periphery of parking areas and structures.The street side of residential parking structures may contain facilities or services for residents, such as laundry rooms,lobbies,or exercise rooms. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 203/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-AA:Parking Structure Building Materials and Entries I imam, !RIME _� . vn 1 � �iriE EFS BM@ HEA GCE HIV I.,'--- MIL ii. Architectural elements such as a frieze,cornice,trellis or other device shall be continued from a residential portion of the building onto a parking structure. iii. Vehicle entries shall be located back from the street and sidewalk,to the side,or to the rear of the building. iv. Parking structures shall be designed so that portions of the parking structure decks are used for landscaping or entry courts to abutting buildings. v. Parking structures shall use the same ground level building materials and cornice line height as the adjacent or abutting buildings in order to create a strong/emphasized base. k. Street,Alley and Sidewalk Design Purpose:Street,sidewalk and alley design should safely and efficiently provide for vehicular and pedestrian travel while enhancing village character through compliance with the following design standards.These standards shall apply in addition to any other City requirements for street,alley or sidewalk design.In the event of a conflict,the provisions of this section shall control. i. "A"Avenue Any improvements to"A"Avenue shall be designed and constructed in conformance with the 1994 Concept Plan as it exists now or may in the future be amended by LORA.This plan identifies turn lane configuration, island location,signal location and general scope of the project."A"Avenue shall be designed to blend with and continue the design themes of the Demonstration Street Project as shown in Figure 50.05.004-BB: Demonstration Street Project,or in conformance with the completed construction plans for the next phase if such plans are available and have been approved by LORA. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 204/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.004-BB:Demonstration Street Project ilm. mil IIIII...i1r�alll.:� 11,!'tl'ri4111"�Ili�^rrW�4� H :l�lufl; l�nnl�l _ �,�':,• iLl� �► A71 ' Alt i .!nt A ' �.- .c�w" . • g !at,a* -�l:�j\ r F �F'3n. � ..�+ :Gc� � �. `a}� c.l [J' 41116. Aj3li'I hr. 1 l39f':f'o1141111111 i i'r. Il�ll�ltllll)I lull- ai - ii. Intersection Design (1) Intersections on"A"and"B"Avenues shall create crosswalks in a different material and texture than the street paving(e.g.,concrete,cobbles,or brick)to bridge the intervening streets. (2) Curb extensions shall be created at all intersections where feasible from a traffic management standpoint and unless such extensions would interfere with the turning and stopping requirements of emergency service vehicles(e.g.,fire trucks,ambulances),buses or delivery vehicles.Such extensions will be designed to accommodate the turning and stopping requirements of such vehicles. iii. Alleys Alleys shall be incorporated into design plans as pedestrian and vehicular accessways. iv. Angle Parking On numbered streets,angle parking shall be installed when it will maximize the number of spaces provided and still comply with the capacity,service level and safety requirements of the street system. (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2797,Amended,11/06/2018;Ord.2783, Amended,06/19/2018;Ord.2732,Amended,02/21/2017;Ord.2644,Amended,04/07/2015;Ord.2651,Added, 02/17/2015) 50.05.005 WEST LAKE GROVE DESIGN DISTRICT Revised 4/23 1. PURPOSE These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District,identified in Figure 50.05.005-A:West Lake Grove Design District Boundaries,by specifying allowed land uses and providing design and development standards to ensure: a. The characteristics of allowed land uses are appropriate for this location in terms of function,transportation characteristics,and compatibility with nearby residential uses. b. Development of specific transportation improvements necessary to: i. Minimize impacts on adjacent local streets through measures such as site planning,building design,and building orientation; ii. Allow for efficient and safe shared access to Boones Ferry Road to minimize traffic conflicts; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 205/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ill. Ensure cohesive internal circulation and cross easements between all properties at full development;and iv. Provide for pedestrian,bike and public transit facilities. c. Effective buffering and screening occurs between land uses allowed within the West Lake Grove Design District and existing single-family residential neighborhoods. d. The creation of a built environment complementary to the existing character of Lake Grove which includes: i. The creation of an aesthetic entry to the City; ii. Architecturally designed structures of high design quality sited to orient towards the public streets;and iii. Preservation of substantial trees to retain the landmark status imparted by these resources. e. High quality site planning and designed landscapes. Figure 50.05.005-A:West Lake Grove Design District Boundaries , gg . ,.-,. 1 a 8 „,,,,. ./ - a r .,vac 3 - is s ina 9 arr MadFond U St % , R 5 1 CC d• In aee .' '• S a S i $ t '. t• --I S. ,,S00 - GG$e..��q,�yqp�•N` JJJyyyYYYRA \ } rs nee g .usm craosamc: a i ,_ x F. x , 1 J t 'uves: Sunset •ti8 ,4 41: 6 g , 8 g A a .R s a 0. ---� t , . b . ti+'laSdnnghn Y utiOf C 7. 3 _ - e• .' i rpa iK 6 .., „.� Y e.e.�7::, frram ..ar \ 0 �P"` lkest Lake Greve Deeign Maki Eg Figure 50 1:15,05-A %.•I __,,,z 1.0 k a I. I n i IR,c c� (Ord.2803,Amended,02/19/2019;Ord.2592,Amended,06/18/2013;Ord.2579,Repealed and Replaced, 03/20/2012) 2. APPLICABILITY This section applies to all land within the West Lake Grove Design District,as shown on Figure 50.05.005-A,which consists of three zones: a. Residential Mixed Use(WLG RMU); The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 206/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS b. Office Commercial(WLG OC);and c. Residential Townhome(WLG R-2.5). Exception:Seasonal restaurant enclosures. To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use, dimensional,or development regulations in this Code,this section shall prevail. (Ord.2851,Amended,09/15/2020;Ord.2723,Amended,10/18/2016;Ord.2579,Repealed and Replaced, 03/20/2012) 3. WEST LAKE GROVE DESIGN STANDARDS EXPLAINED This section provides for two levels of design and development standards to implement the West Lake Grove Design District.The first level are those overall design and development standards which apply to the entire district found in LOC 50.05.005.4,Standards Applicable to the Entire WLG Design District.The second are those standards which apply specifically to the individual West Lake Grove zones found in LOC 50.05.005.5,50.05.005.6,and 50.05.005.7. (Ord.2723,Amended,10/18/2016;Ord.2579,Repealed and Replaced,03/20/2012) 4. STANDARDS APPLICABLE TO THE ENTIRE WLG DESIGN DISTRICT Revised 4/23 a. General Requirements Development which occurs within the West Lake Grove Design District shall create an aesthetically pleasing entry into Lake Grove through the following design elements: i. Architecturally designed structures of high design quality that are in scale with the site,in proportion to similar buildings in the West Lake Grove Design District and which utilize a pleasing variety of harmonious earth and muted tone materials,colors,finishes and textures; ii. Preservation of substantial trees to retain the landmark status imparted by these resources; iii. Orientation of building entrances shall conform to the provisions of LOC 50.06.001.5,Commercial, Industrial,and Multi-Family Development Standards for Approval; iv. Building design and orientation shall provide for effective screening and buffering of the subject properties from adjacent residential neighborhoods;and v. High quality designed landscapes involving native plant materials or those which have naturalized to the locale,which will grow to significant size and impart seasonal color and interest. b. Streets and Circulation Access to Boones Ferry Road,new streets,internal vehicular driveways,parking,pedestrian and bike facilities shall be provided and developed in accordance with the Streets and Circulation Element of the West Lake Grove Design District shown below in Figure 50.05.005-B:Auto and Transportation Circulation,Figure 50.05.005-C:Internal Parking and Circulation,and Figure 50.05.005-D:Street Pedestrian Facilities and Pathways. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 207/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-B:Auto and Transportation Circulation (r1 1 F V---/5 - Madrona .-I• j .l C L A —. 1 1 1 --=- 511-' -----r -1,- . -/ . , ah . (Realignment of West' Drivel p el Vest --Sunset r [ \ rrf 1k � 1 - _\.=_-...--\\ 1 '-- West Lake Gros Design District te It* p194re$0.0s.0543 co 0 Hale. narssnn —(-- hew Roadway with an-street perking srw Washington Ct � It — �.�r 0 �a,.e�u W Wrn nR64erh nrYvip�.re. 4po ❑t * F.urr Y..1.,awo V yy ' F..topni[u.[.wiy X - \ y . Os49n p,.iu Figure 50.05.005-C:Internal Parking and Circulation The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 208/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS --..si 1 T-- . — . I lit.- -7 . \ \ '......:.-.- % tt : s-- t 0�r ! si .LSV Wasbinglon Ct _ - -- • Wee!Lake Ora.Deeign t7lelncct . Fgwe 00.06108L _• --. 0e.-.4.0. w..n 4w. Figure 50.05.005-D:Street Pedestrian Facilities and Pathways Y rWdrnne ,— Sl _n... _ ,.1� -- .• �Sc4 ,.. ,. [IF- ..,. f - -sun seC — .. 1 l y - 4lf. 531*7". .__--•--'.. -.°'..\.---\k\\TT\.''. .. Mist Loa Gory rhmign s4niet 4 Figaro DGB0 )¢.0 Washingtw Cl ` - —. - M. tnm.+t,,,ca.,.•a r.. Through provision of shared access and driveways,parking and pedestrian systems,development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system.Furthermore,public bike and pedestrian The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 209/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS facilities shall be provided on both sides of Boones Ferry Road as illustrated by Figures 50.05.005-B,50.05.005-C, and 50.05.005-D.Figures 50.05.005-E,50.05.005-F,50.05.005-G,50.05.005-H,and 50.05.005-I illustrate the desired design treatment of West Sunset Street,Lower Boones Ferry Road and a pedestrian path intended to serve a portion of the WLG R-2.5 Residential Townhome zone. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 210/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-E:West Sunset Street Typical Street Section A-A socoovA Spy A ti M 7'e cr Rv- r ]. i1 N6 J�Rgjp��ip{�f_ 2 of g 7rNrg.LAA +AlrIe- { I mKM. 1 I'1-+: 1e-t r- ie I ID. ;0'1 I. I4:-G� Weal Sunset Street TypInal Stree!Section A-A Figure 50.05.005-F:West Sunset Street Typical Section B-B r7r4. ae va, "---,—rc;;,---T4.1,0„ ...... 1 / 61, -04 a' P 4 44'. ✓l es' II West Sunset Street 'T re" Typical Street Sectlprt El-13 Figure 50.05.005-G:Lower Boones Ferry Road Typical Section C-C The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 211/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS \'' v zA,./c.$--ill ne,,lCZ nor . Y>j L L{tneg • �^'^- f 1r 71.-16'11 I.- i • �Emtr Y r - ' r _{ t Ir e .-- 4s`, a' 1, 0 ff�4'1 4. I.Y tf l'6.. Fa. Gil' SIG f e WY6+WM--74.— 1l51mvs-; wrniv K y%'' 96-0F ---,14 —.1'"— Lower tloones Feny Road Typical Sl ran I$ecllon C-C Figure 50.05.005-H:Pedestrian Walkway Typical Section 4lTh ------ --'--- '- - ---- ,,j .412 A4‘.,/ -l � js Sr,Figure 50.05.005-1:Lower Boones Ferry Road Typical Section E-E The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 212/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Vil7r - 6 s aww r��w .u� fi+r vc�c.�wos i ,i II• tr re ' 'rS .V. rMrr�. 4rn- f�+7rKT,� 514, I y L.r �. r • - Io e III [+ iI 4.1 Il. it* 61 S' ID. Lower Bootees Ferry Road Typical Street Section E-E The number of access points on Boones Ferry Road shall be minimized through the use of consolidated driveways sufficiently wide enough to allow for simultaneous ingress and egress.This shall require property owners to agree to construct or share in the cost of consolidated driveways either: i. At the time of development;or ii. At such future time when sufficient land area is developed to make driveway consolidation practical. If it is impractical,due to the timing of development,to develop consolidated driveway access for more than one parcel,the location of future consolidated access shall be determined by the approval authority based upon the: (1) Streets and Circulation Element of the West Lake Grove Design District,Figure 50.05.005-B,Figure 50.05.005-C,and Figure 50.05.005-D; (2) The ability to serve the maximum number of land uses and properties; (3) Traffic safety and operational characteristics;and (4) Use of more than one property to ensure future consolidated access,such as at property lines. The approval authority may approve interim individual driveways access to Boones Ferry Road subject to the findings of a traffic analysis and the condition that when adjoining properties develop,permanent shared access be developed pursuant to this section.In circumstances where the location of permanent shared access is not in the same location as an interim driveway,the driveway shall be removed and the area landscaped or otherwise integrated into the design of the subject site under the provisions of this section. Driveway consolidation shall require the execution of reciprocal,nonrevocable easements in a form necessary to ensure unimpeded property access and driveway maintenance. All driveways shall include safety features such as changes in surface material,signage and lighting to alert drivers to the potential presence of pedestrians. c. Pedestrian and Bicycle System The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 213/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Continuous and connecting hard-surface pedestrian pathways,including a continuous meandering pathway on both sides of Boones Ferry Road,a minimum of eight ft.in width and accessible to the public,shall be provided throughout the West Lake Grove Design District(see Figure 50.05.005-D:Street Pedestrian Facilities and Pathways).The location and radii of the pathway shall ensure a sufficient setback from Boones Ferry Road to allow for amenities such as effective landscaping,street trees and lighting. These pathways shall provide access to all Design District properties and to the public pedestrian system in the surrounding residential neighborhoods and Lake Grove Commercial District.Pedestrian pathways shall be a minimum of six ft.from the exterior wall of any structure. A walkway shall be developed as illustrated by Figures 50.05.005-D and 50.05.005-H to provide continuous pedestrian access to townhomes developed within the north portion of the WLG R-2.5 zone. If inadequate right-of-way exists within which to construct the above eight-ft.-wide meandering pathway,then property owners shall be required to provide a public easement of sufficient size for pathway construction and maintenance. d. Intersection Design Intersections shall serve as design focal points through the application of landscaping,surface treatments and appropriately scaled lighting.Buildings adjacent within the WLG RMU zone shall,where feasible,orient entrances to intersecting streets to facilitate pedestrian usage.Buildings within the WLG OC zone shall orient entrances to intersecting streets as illustrated by Figure 50.05.005-J:Building Orientation. Figure 50.05.005-J:Building Orientation — i III I i I �i Madrona - I is - -i —TILL t i. - . ; -ice . \ ,.3_ _l - • `• -fit • g4 m • •+ A. o • • -- was[take Grove Design District ••• Figyire 50--06.005-J • Sh'utihinIkur Gl • _ — _—, _-- T••• •N,,r ,,..N.on ❑cmy •••' .N.,h.•aw.1n•aerc B...0C • ''' Na.n....16'BnWM • S} . . c. Public Safety The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 214/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Intersection design and improvements shall enhance pedestrian safety and ease of crossing Boones Ferry Road and other streets within the Design District.Street lighting of a consistent style shall be provided within the Design District. f. Landscaping Standards Landscape development shall reinforce the informal"village"scale and character of Lake Grove. i. Landscape Styles The following appropriate landscape styles shall be emphasized for residential,office/commercial and neighborhood commercial development within the Design District: (1) Informal massing and arrangement of plant materials around buildings,parking lots,and within required landscaped buffers; (2) Rows of street trees within areas designated for neighborhood commercial; (3) Meandering pedestrian pathways; (4) Wide concrete or brick sidewalks adjacent to buildings designated as Office Commercial/Neighborhood Commercial;and (5) Use of trees which grow to a significant size including native evergreen trees where possible,and avoiding use of columnar form hybrids. ii. Parking Area Landscaping,Buffering,and Screening The overall design themes for parking lot landscapes shall emphasize development of a natural appearing landscape,which utilizes plant materials that are either native or have naturalized to the locale. (1) Purpose Off-street parking areas shall be designed and landscaped to: (a) Be buffered and screened from adjoining residential uses; (b) Ensure that trees are integral to parking lot design to provide for aesthetics and shade; (c) Be an integral part of a development's overall site plan,taking into special consideration the requirement to preserve substantial trees; (d) Visually mitigate large expanses of paving and allow for alternative surface treatments,such as the use of gravel and other pervious surfaces to preserve substantial trees;and (e) Preserve substantial trees,especially Douglas firs. (2) Minimum Parking Lot Landscaping Standards All parking lots shall be landscaped to conform to the following minimum standards: (a) Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in.which reach a minimum mature height of at least 30 ft.and have the canopy and structure necessary to cast moderate to dense shade. (b) Where adequate room is available,large-scale evergreen trees such as western red cedar,western hemlock,California incense cedar,and Douglas fir of at least four to six ft.in height and which reach a mature height of at least 70 ft.shall be incorporated into the landscape theme. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 215/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (c) Exceptions to the requirements of subsections 4.f.ii(2)(a)and(b)of this section may be allowed for circumstances that limit placement of trees such as overhead lines,underground utilities and confined spaces. (d) Parking areas shall be divided into bays of not more than eight parking spaces.Between and/or at the end of each parking bay there shall be'curbed,lanters of at least five ft.in width.Each planter shall 'Commented[JD40]:Consider amending standard to contain one shade tree of at least three caliper in.The planter shall also be planted with appropriate allow for bioswale-style planting areas.Planters at or below ground cover or shrubs at a rate of two two-gallon plants for every 20 sq.ft.of landscape area.The grade of parking lot,with notches in the curb,encourage intervening area between plantings shall be mulched with an appropriate material to a minimum depth sheet flow into vegetated areas.This allows for stormwater of three in. capture in parking lots and greater water retention rates for trees and the aquifer during storm events (e) Parking lots fronting a driveway,sidewalk,pathway or public street shall be bordered by a minimum five-ft.-wide landscaped area.Within this area,shade trees shall be planted every 30 ft. CCommented[JD41 R40]:50.05.005(4) Planting of shrubs and ground cover and mulching shall occur pursuant to subsection 4.f.ii(2)(d)of this section. (t) Parking areas shall be separated from the exterior wall of a structure by a minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip.Parking areas or driveways shall be separated from abutting residential zones by a minimum 15-ft.landscape buffer pursuant to subsection 4.i.ii of this section,Landscape Buffering. (g) All parking area landscaping shall be provided with underground irrigation. (h) Entrances to parking areas shall be specifically indicated through pedestrian-scale signage and lighting. iii. Site Landscaping (1) Generally (a) All new development shall install landscaping on at least 20%of the development site on which buildings are constructed.This is inclusive of landscaping required for parking lots,and landscaping within required buffer areas.Landscaping may include courtyards,raised beds and planters,espaliers, arbors and trellises.The landscape plan shall incorporate large-scale evergreen trees such as Douglas fir,western red cedar,hemlock or California incense cedar. (b) Planting plans shall emphasize development of an informal,natural appearing landscape,which utilizes drought-resistant plant materials that are either native or have naturalized to the locale. (c) Existing vegetation that is preserved as part of an approved development application shall be counted towards fulfillment of this section. (2) Minimum Site Landscape Requirements Minimum landscaping shall be as follows: (a) Tree Size and Quantity One tree,a minimum of three caliper in.for every 500 sq.ft.of landscaped area.Where site conditions warrant,evergreen trees such as western red cedar,western hemlock and Douglas fir of at least three caliper in.and which reach a mature height of at least 70 ft.shall be planted. (b) Shrub Size and Quantity At least 15 shrubs of a minimum two-gallon in size for every 500 sq.ft.of landscaped area.All remaining areas shall be treated with suitable mulch applied to a depth of no less than three in. (c) Irrigation The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 216/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS All landscaping shall be provided with underground irrigation. (d) Street Trees (i) One street tree shall be provided within or immediately adjacent to the public right-of-way an average of every 30 linear ft.along the entire development site frontage. (it, Street trees shall be a minimum of three caliper in.when planted When trees are not Commented[JD42]:I'm curious how this interacts with planted in a planter strip or landscaped area,tree wells,with approved grates that provide a the suggestion to plant trees"bare root"whenever possible. minimum of116 sq.ft.laf surface area,shall be provided for each tree.Alternative arrangements Are 3"DSH trees being planted bare root? to a linear street pattern may be implemented at the discretion of the approval authority.Existing preserved trees within 20 ft.of the public right-of-way shall be counted towards fulfillment of Suggestion found in:8.LANDSCAPING AND SITE DESIGN this standard. . REQUIREMENTS (iii) In order to provide for a more natural and informal setting,groupings of trees may be Commented[JD43]:16 sq.ft.required here(50.05.005), allowed. 12 sq.ft.requirement in 50.05.007. (e) Exemptions from Street Tree Requirements Exemptions from street tree requirements may be granted by the approval authority provided the following conditions exist: (i) Trees would create problems with existing above or underground utilities; (ii) Trees would conflict with clear vision requirements;or (iii) There is inadequate space in which to plant trees. However,the approval authority may require the applicant to plant street trees elsewhere within the Design District in lieu of trees which would normally be required for a specific development.If trees cannot be planted due to inadequate space or line clearance,the commensurate planting of shrubs or small trees more appropriate to the area may be required. g. Unifying Design Elements Development shall incorporate landscape features which contribute to a unifying design theme and continuity within the West Lake Grove Design District such as paving materials and textures,lighting,street furniture,signage and plant material selection,especially trees. h. Preservation of Substantial Trees i. Development plans shall reserve substantial trees to the extent practicable'.Substantial trees for the Commented[JD44]:It is recommended to follow this purpose of this section,West Lake Grove Design District,are all trees measuring over 15 in.DBH or more with a sentence that points to LOC 55.08.030,Tree except for invasive,dead or hazardous trees.Where compliance creates conflicts over preservation of different Protection Measures Required types of trees,preservation of native trees such as Douglas firs is given higher priority than nonnative trees. ii. The approval authority shall have the discretion to allow modifications or require changes to the paving standards,such as the use of pervious surfaces,to preserve mature trees. iii. Tree removal shall be mitigated.Where practicable,trees of the same or approved variety of no less than three caliper in.shall replace trees removed with trunk diameters of six caliper in.or greater.Where complete mitigation is not practicable,payment shall be made into the City of Lake Oswego Tree Fund pursuant to LOC 55.02.084(4). iv. A protection and maintenance plan to promote the continued survival of preserved trees shall be submitted for approval in conjunction with any development application. v. Incentives for Preservation of Substantial Trees The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 217/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS For each substantial tree retained on the lot,a 500 sq.ft.landscaping credit can used to reduce the number of parking lot landscaping bulbs per subsection 4.f.ii(2)(d)of this section and/or the width of the landscaping buffer between a parking facility and the exterior wall of a building per subsection 4.f ii(2)(f)of this section, but in no case shall the total amount of landscaping on site be reduced below 10%.A retained tree shall be credited only toward reduction in required landscaping.Sufficient landscape area at the base of each preserved tree shall be provided as recommended by a certified arborist.The decision body shall require as a condition of approval that,where a preserved tree dies or otherwise must be removed,a native evergreen tree,such as a western red cedar,western hemlock or Douglas fir of at least three caliper in.,shall be planted. i. Buffer Areas Adjoining residential land uses shall be buffered and screened from land uses within the Design District as follows: i. Separation by Right-of-Way Where the boundary of the West Lake Grove Design District is adjacent to a residential zone but separated by a public right-of-way,buffering requirements shall be met by setback requirements. ii. Landscape Buffering There shall be a minimum 15-ft.-wide landscaped buffer along the entire edge of the West Lake Grove Design District where it abuts a residential zone and along the property boundaries of new commercial and townhome residential development which abuts existing single-family dwellings within the Design District.A buffer area may only be occupied by utilities,screening and landscaping.No buildings,accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the approval authority.The buffer area is required to be landscaped as follows: (1) One row of minimum three-caliper-in.deciduous trees,spaced no more than 15 ft.apart;or one row of evergreen trees not less than six ft.tall and spaced no more than 15 ft.apart,or a mix of evergreen and deciduous trees planted 15 ft.apart. (2) Ten shrubs planted a minimum of five ft.from each other which shall attain a height of at least six ft. within three years of planting. (3) The remaining area shall be planted in ground cover and mulched with a suitable material to a depth of three in. iii. Screening Screening shall be provided by a six-ft.tall wood or masonry sight-obscuring fence or wall.The unfinished or structural side shall face the use to be screened. j. Noise Mitigation The approval authority shall require a noise mitigation plan when the proposed development is reasonably expected to produce noise that can be heard in the abutting single-family residential districts above ambient residential levels. The development proposal shall incorporate noise reduction designs into construction of the development,and/or provide for additional noise reduction procedures to be implemented in order to reasonably reduce noise from the development so that it cannot be heard in the abutting residential district above ambient residential levels. k. Building Design i. Elements and Styles Buildings shall be architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego.Building character should reflect the residential English Country or Cottage style,and borrow from the Arts and Crafts tradition,English Tudor style The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 218/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS and the American Rustic style.Elements of these styles which can be used for both residential, office/commercial and commercial uses and major public facility structures within the design district include: (1) Complex massing; (2) Asymmetrical composition; (3) Masonry and wood as exterior cladding materials; (4) An intimate,pedestrian friendly scale; (5) Richly textured and visually engaging facades;and (6) Lush landscaping and border plantings. Evaluation of the appearance of buildings and their conformance with these standards shall be based on the quality of design and relationship to the surroundings. ii. Design Standards The following building design standards shall apply to all office and neighborhood commercial development which occurs within the West Lake Grove Design District.Monotony of design in single or multiple building projects shall be avoided.Variation of detail,form,and siting shall be used to provide visual interest as follows: (1) No continuous blank walls shall be allowed along pedestrian and vehicular ways and shall not exceed 25 linear ft.without recess or change of plane.Pursuant to Figure 50.05.005-K:Building Window Openings and Blank Walls,at least 50%of the ground floor walls within the WLG OC zone shall consist of windows.Windows types shall consist of double hung or divided lights.Large plate glass windows and simulated divided lights are not allowed. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 219/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-K:Building Window Openings and Blank Walls -- / i i II — $t _ — a I ,Z • 6 , _ • .: *,6 •--p-- .. is esiurysgt D. -. --— minimum 60%Ground Floor -' _Window Openings / % S- E. Washington Ct �- ,k- . .:, :i y West Lake Grpve Design District 0 6 9f- WestFigure 5d-05.0115-K -•,,� 1 0 CYxgn 6s:id (2) Buildings shall use materials that are architecturally harmonious for all walls and exterior components.Materials shall be durable and of high quality. (a) Permitted Exterior Materials (i) Wood shingle,including engineered/composite wood; (ii) Brick; (iii) Stone-granite or concrete at street level only for WLG Office Commercial; (iv) Horizontal wood lap siding,including engineered/composite wood;and (v) Stucco and timbers on gable ends only. (b) Prohibited Exterior Materials (i) EIFS or other synthetic stucco material; (ii) Metal panels; (iii) Flagstone; (iv) Plywood paneling; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 220/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (v) Vinyl cladding; (vi) Mirrored glass; (vii) Standard form concrete block(not including split faced,colored or other block designs, which mimic stone,brick or other masonry);and (viii) Back-lighted fabrics. (3) Buildings which abut the office and neighborhood commercial zones shall incorporate a combination of the following design elements to foster a comfortable and interesting pedestrian experience: (a) Modulations of scale, (b) Definitive indoor-outdoor relationships, (c) Harmonious materials and earth and muted tone colors and compatible color accents,and (d) Outdoor lighting and other design treatments. Other architectural features such as awnings,arcades,bay windows,and projecting balconies shall be required. (4) Pitched roofs are required and include pitched gable end or hipped roofs.Small areas of flat roof not visible by the public or from adjoining residential areas may be allowed where necessary to accommodate mechanical equipment. (5) Roof materials shall consist of either cedar shingles or three tab composite shingles in dark grey, green or black colors.Metal roofs,colored roofs(red,blue or tan colors),and mansard or decorative roof forms are prohibited. (6) Building entrances shall be located for visibility and ease of pedestrian use.Entrances to upper floors shall be located so as not to conflict with street level activities and pedestrian use. (7) Building vents and mechanical devices shall be screened from view with materials harmonious to the building.Exterior site elements such as storage,trash collection areas and noise generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features. (8) Building components,such as windows,doors,eaves and parapets,shall have proper proportions and be placed in relationship to one another. (9) Exterior building lighting shall be designed as part of the architectural concept.Fixtures,standards and exposed accessories shall be of the proper scale and compatible with the building and overall site design. (10) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-L:Building Rain Protection.Rain protection shall consist of fabric awnings or metal canopies.Vinyl awnings are prohibited. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 221/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-L:Building Rain Protection _.__ __L__ i • -1- , LLI-Irri • I . I ±I a u4'r4S l�r X!1 Required Continuous Awnings andlorCanopies 1 _ - K'ashmg.on Ct o c WBik Lake Grave qucgn Metric! ti--". Figure 50.85.001-L 4 IZI cisv i - SS}1. Street and Pathway Lighting Street and pathway lighting shall be provided per Figure 50.05.005-M:Required Street Lighting.Street and parking lot lighting shall consist of historic style fixtures.Cobra-head and contemporary fixtures are prohibited. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 222/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-M:Required Street Lighting // ' _ ' ' 1 1 ' : / ,'. —I , ' j 4 les! : 4 set.— cr ' •• • • I _ - L E. • m • ■ - ". - V .• 1 West Lake Grove Design District Washirs ton Cl _, - - Figure 50.05.005-11 • y - r - 0 2pttvllnersecIlnn Lc'ep o° Y'' o / xcamrcn renesnia.Lhinpnr :y 1 oH.w i. Street Lighting Additional street lighting on Boones Ferry Road made necessary by new development shall be determined by the approval authority,who may require a street lighting study commensurate with a development review application to determine the appropriate level of lighting. ii. Lighting of Sidewalks,Public and Private Pathways,and Accessways Low level pedestrian-scale lighting of less than 0.3 average foot-candles and with a maximum uniformity of illumination ratio not to exceed 20:1 shall be required.On-site lighting shall be of a pedestrian scale and of a continuous style that is maintained throughout the Design District. iii. Lighting Equipment All street and pathway lighting equipment shall be approved by the approval authority. iv. Shielding of Lighting from Adjoining Properties Lighting shall be designed so that light is directed away and screened from adjoining residential properties and/or streets. m. Outdoor Storage No outdoor storage is allowed. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 223/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS n. Stormwater Management Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3,Stormwater Managment Standards,and shall ensure stormwater is not directed onto adjacent residential neighborhoods. (Ord.2909,Amended,02/07/2023;Ord.2803,Amended,02/19/2019;Ord.2797,Amended,11/06/2018;Ord.2592, Amended,06/18/2013;Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 5. DESIGN STANDARDS FOR THE RESIDENTIAL MIXED USE(WLG RMU)ZONE a. Purpose The purpose of this zone is to provide for the development of office commercial land uses along with opportunities for attached townhome residential housing.Housing may occur in the same building as office uses.The design character and theme of this district is intended to foster a residential architectural character,site design,and scale. b. Required Design Elements i. Development within this district shall create viable pedestrian-scale streetscapes and public places inclusive of pedestrian ways,parking areas,interior courtyards and public and private spaces.These areas shall be designed to foster the comfort and enjoyment of pedestrians and other users.In addition the streetscape/public place shall provide for"layers"of design elements such as benches and walls,landscaping,street trees and walkways.Windows should be numerous and placed at the pedestrian level to provide building occupants with a visual connection to the streetscape/public place. Dwelling units shall provide connections to the streetscape/public place with design elements such as balconies and windows. ii. Building design shall foster interest and compatibility between adjoining buildings through appropriate scale relationships.This shall be accomplished through a combination of the following: (1) Exterior building wall designs that provide distinct and separate areas with balconies and/or dormers; (2) Setting back parts of the facade to reduce the mass of large buildings or row of attached dwellings; and (3) Architectural features that provide a variety of harmonious colors,textures,material changes in rooflines,eaves,gables,trim details,bay windows,balconies and verandas. iii. The expanse of large facades and building planes shall be broken down both horizontally and vertically into smaller units through a mix of the following design elements: (1) Recessed or projected entries and porches; (2) Mixing roof gables and eaves facing on public sides of the building(s); (3) Appropriate use of windows to provide scale; (4) Dormers to break up roof expanses;and (5) Balconies. (Ord.2579,Repealed and Replaced,03/20/2012) 6. DESIGN STANDARDS FOR THE OFFICE COMMERCIAL(WLG OC)ZONE a. Purpose The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 224/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS This zone is intended to provide for a mix of professional office and neighborhood commercial uses to serve the frequently reoccurring needs of the Lake Grove and Rural Lake Grove Neighborhoods and serve as an activity focus for the West Lake Grove Design District. b. Required Design Elements i. The design theme of the WLG OC zone is intended to reflect the residential character and scale of the surrounding WLG RMU and WLG R-2.5 zones through the incorporation of common building elements and to also create a storefront character.This shall be achieved through the use of design elements and features described in this section. ii. The architecture of buildings shall establish a strong design relationship to one another to create a visually compatible ensemble.This relationship shall be especially reinforced at all four corners of the intersection of Boones Ferry Road and West Sunset Drive. iii. A clear visual distinction shall be made between the pedestrian oriented ground floor and upper stories through the use of an ample cornice above the first floor,a change of building materials,a row of clerestory windows,arcade or overhang. iv. Main public entrances shall be located directly off a sidewalk abutting the public street.Entries shall be sheltered and emphasized through the use of canopies or overhangs. (Ord.2579,Repealed and Replaced,03/20/2012) 7. DESIGN STANDARDS FOR THE RESIDENTIAL TOWNHOME(WLG R 2.5)ZONE a. Purpose The purpose of this zone is to provide for the development of medium density townhome residential housing.The design character and theme of this zone is intended to foster a residential architectural character,site design and scale which is harmonious with the surrounding office,commercial and single-family residential districts. b. Design Elements i. Future development in this zone shall create a viable pedestrian-scale streetscape,or public place which includes pedestrian ways,parking areas,interior courtyards and public and private spaces which are designed to foster the comfort and enjoyment of pedestrians and other users. ii. The streetscape/public place shall provide for"layers"of design elements such as benches,walls, landscaping,street trees and walkways. Hi. Building design shall foster interest and compatibility between adjoining buildings through appropriate scale relationships.This shall be accomplished through a combination of the following design elements: (1) Exterior building wall designs that provide distinct and separate areas with balconies and/or dormers; (2) Setting back parts of the facade to reduce the sense of mass of a row of attached dwellings;and (3) Architectural features that provide a variety of harmonious colors,textures,material changes in rooflines,eaves,gables,trim details,bay windows,balconies,porches and verandas. iv. The expanse of large facades and building planes shall be broken down both horizontally and vertically into smaller units through a mix of the following design elements: (1) Recessed or projected entries and porches; (2) Mixing roof gables and eaves facing on public sides of the building(s); The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 225/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (3) Appropriate use of windows to provide scale,where the amount of fenestration or glazing shall be proportional to the mass of the building facade; (4) Dormers to break up roof expanses;and (5) Balconies or projected bays. (Ord.2668,Amended,12/01/2015;Ord.2579,Repealed and Replaced,03/20/2012) 8. DESIGN STANDARDS FOR THE RESIDENTIAL LIVE/WORK(WLG RLW)ZONE (Repealed by Ord.2723,10/18/2016) 9. CLEAR AND OBJECTIVE HOUSING STANDARDS FOR APPROVAL Revised 4/23 a. Purpose These provisions are intended to implement the Lake Oswego Comprehensive Plan and the West Lake Grove Design District,identified in Figure 50.05.005-N:West Lake Grove Design District Boundaries,by specifying allowed land uses and providing clear and objective design and development standards for new dwellings in the District to ensure: i. The characteristics of allowed land uses are appropriate for this location in terms of function,transportation characteristics,and compatibility with nearby residential uses. ii. Development of specific transportation improvements necessary to: (1) Minimize impacts on adjacent local streets through measures such as site planning,building design, and building orientation; (2) Allow for efficient and safe shared access to Boones Ferry Road to minimize traffic conflicts; (3) Ensure cohesive internal circulation and cross easements between all properties at full development; and (4) Provide for pedestrian,bike and public transit facilities. iii. Effective buffering and screening occurs between land uses allowed within the West Lake Grove Design District and existing single-family residential neighborhoods. iv. The creation of a built environment complementary to the existing character of Lake Grove which includes: (1) The creation of an aesthetic entry to the City; (2) Architecturally designed structures of high design quality sited to orient towards the public streets; and (3) Preservation of substantial trees to retain the landmark status imparted by these resources. (a) High quality site planning and designed landscapes. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 226/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-N:West Lake Grove Design District Boundaries a' f -Jr 1,4 EEIRI ! e § i ! ' @ 3 C� fir! c .....—k\;_, ‘ .k..z. ' 9 go.ne*neovano �,, surer %' ems' # WI $ i' $ z a is: - Weelogtcn f}v• 8 1 a V Y .. z rn -. s, West Lake Greve Design DIst,ict u Figure 50.05.00543 Maio a s ERN""". _��• . .s 1oe..a.. ..... b. Clear and Objective Track 2 Alternative Applicability i. A development in the West Lake Grove Design District(shown in Figure 50.05.005-N)that involves a structure for residential mixed use,multi-family residential,or attached single-family(three or more units) housing that creates new dwelling units may comply with this article in lieu of compliance with LOC 50.05.005.1 through 50.05.005.7: ii. To the extent that any requirement of this overlay imposes a regulation relating to the same matter as the use,dimensional,or development regulations in this Code,this section shall prevail. c. West Lake Grove Design Standards Explained This section provides for two levels of design and development standards to implement the West Lake Grove Design District.The first level is those overall design and development standards which apply to the entire district found in LOC 50.05.005.9.d,Standards Applicable to the Entire WLG Design District.The second is those standards which apply specifically to the individual West Lake Grove zones found in LOC 50.05.005.9.e and 50.05.005.9.f. d. Standards Applicable to the Entire WLG Design District i. Site Design Standards (1) Purpose Development which occurs within the West Lake Grove Design District shall achieve an aesthetically pleasing site and building design that: (a) Preserves substantial trees in order to retain the landmark status imparted by these resources; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 227/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) Through building design and orientation,provides effective screening and buffering of the subject properties from adjacent residential neighborhoods; (c) Through high quality designed landscapes involving native plant materials or those which have naturalized to the locale,plants will grow to significant size and impart seasonal color and interest;and (d) Incorporates landscape features which contribute to a unifying design theme and continuity within the West Lake Grove Design District,such as paving materials and textures,lighting,street furniture,signage and plant material selection,especially trees. ii. Streets and Circulation Access to Boones Ferry Road,new streets,internal vehicular driveways,parking,pedestrian and bike facilities shall be provided and developed in accordance with the Streets and Circulation Element of the West Lake Grove Design District shown below in Figure 50.05.005-0:Auto and Transportation Circulation,Figure 50.05.005-P:Internal Parking and Circulation,and Figure 50.05.005-Q:Street Pedestrian Facilities and Pathways. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 228/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-0:Auto and Transportation CirculationI �' �.yam: :- / _' Reali n ent el West Sunset Drive . VC 1NeSf Sunset R r • :..,-.-- II.\.\- - West Lae Grove Design District / S r r• '\ Flay ra 50,0.006r 9 ii o r, Now RoadwayRoadwaywad onatmal9RfkVn•, 0 �k��r...r''u. Washington CI - — — -. 0 ` "" ..Im P. , i Figure 50.05.005-P:Internal Parking and Circulation J I Madrona at ► ._..1—,--1 ..]:: J ' I— `ire ■ vi •"l West• ! '" t 1 1 el '—TA 1 Washington Ct .Nl.. Wesr Oak.Genre Design DNtritt Figure 00.05.O0S-P Pc em..n o.....aw.» Q w.a. Figure 50.05.005-Q:Street Pedestrian Facilities and Pathways The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 229/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ! 1 r --1x...._.,, : -st - ‘---__/:• V\-r- \,......\ 4-7 T4iiii--_ ' ,..,,, 1011111111V Weq —JUnser r•i . 0 . U -'-- \ \ g w Lake Groh Design District Wesiengtar CiY ROAM 60.0E.076.0 l b Ot Through provision of shared access and driveways,parking and pedestrian systems,development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system.Furthermore,public bike and pedestrian facilities shall be provided on both sides of Boones Ferry Road as illustrated by Figures 50.05.005- 0,50.05.005-P,and 50.05.005-Q.Figures 50.05.005-R,50.05.005-S,50.05.005-T,50.05.005-U,50.05.005-V and 50.05.005-W illustrate the desired design treatment of West Sunset Street,Lower Boones Ferry Road and a pedestrian path intended to serve a portion of the WLG R-2.5 Residential Townhome zone. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 230/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-R:West Sunset Street Typical Street Section A-A 5410.1...A SOIVITIK ri...„. Ni r ,,...rFrr- „.,..„,z.... ii4}�H f+1r� Amruoe- ,,P 1:' i 't --• - -- erne. Iti-t: 41,7=1r 10 1,, le if id- VI-it--Le West Sunset Slroot Typleal Street Section A-A Figure 50.05.005-S:West Sunset Street Typical Section B-B sGf�rk .sicrfyk fir... e. r«h [tI ._w ..f .io I I � gal+ ' it.:44:16:1. Id Iv'1,74.144 re , fy,4Iil4 w —ii: eba-.pr �+xrais+F West Sunset Street — a'm73rreit Typical Street Section A-8 Figure 50.05.005-T:Lower Boones Ferry Road Typical Section C-C The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 231/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS + 4 +{!{! Mi.,,,,,,A - �4.L 1]'+17, : r64 LS '1, is ) ' :`J it f .+ • i � 1II fr f 5 `cl rill. 1 ' J ' 1.46 P' _1• rl _I.di_ M I It 1644 y.' 4r= r r arrr�r- 1-•Isnraa;s Gap il5,fi y __5b-c' _ 1, - -- - Lower Ooonea Feny flood Zypicto Slree'Section C-C Figure 50.05.005-U:Pedestrian Walkway Typical Section rrwo e. ,- ..-,- 'Ix .) H er MEM Figure 50.05.005-V:Lower Boones Ferry Road Typical Section E-E The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 232/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS tZVi Z%YE srp+n • rtn '.ysr f ft+Ore-1AArc SAL - d�grrr. ffrAiGee 111, s ryEV r lI I ' . I!' �' ��•� II ; it* , 5' rd' Lower Booms Ferry Road Typical'Sired Section E-E Access points on Boones Ferry Road shall be consolidated to allow for simultaneous ingress and egress.This shall require property owners to agree to construct or share in the cost of consolidated driveways either: (1) At the time of development;or (2) At such future time when sufficient land area is developed to make driveway consolidation practical. If it is impractical,due to the timing of development,to develop consolidated driveway access for more than one parcel,the location of future consolidated access shall be determined by the approval authority based upon the: (a) Streets and Circulation Element of the West Lake Grove Design District,Figure 50.05.005-0, Figure 50.05.005-P,and Figure 50.05.005-R; (b) The ability to serve the maximum number of land uses and properties; (c) Traffic safety and operational characteristics;and (d) Use of more than one property to ensure future consolidated access,such as at property lines. The approval authority may approve interim individual driveways access to Boones Ferry Road subject to the findings of a traffic analysis and the condition that when adjoining properties develop,permanent shared access be developed pursuant to this section.In circumstances where the location of permanent shared access is not in the same location as an interim driveway,the driveway shall be removed and the area landscaped or otherwise integrated into the design of the subject site under the provisions of this section. Driveway consolidation shall require the execution of reciprocal,nonrevocable easements in a form necessary to ensure unimpeded property access and driveway maintenance. All driveways shall include safety features such as changes in surface material,signage and lighting to alert drivers to the potential presence of pedestrians. iii. Pedestrian and Bicycle System The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 233/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Continuous and connecting hard-surface pedestrian pathways,including a continuous meandering pathway on both sides of Boones Ferry Road,a minimum of eight ft.in width and accessible to the public,shall be provided throughout the West Lake Grove Design District(see Figure 50.05.005-Q:Street Pedestrian Facilities and Pathways).The location and radii of the pathway shall ensure a sufficient setback from Boones Ferry Road to allow for amenities such as landscaping,street trees and lighting. These pathways shall provide access to all Design District properties and to the public pedestrian system in the surrounding residential neighborhoods and Lake Grove Commercial District.Pedestrian pathways shall be a minimum of six ft.from the exterior wall of any structure. A walkway shall be developed as illustrated by Figures 50.05.005-R and 50.05.005-V to provide continuous pedestrian access to townhomes developed within the north portion of the WLG R-2.5 zone. If inadequate right-of-way exists within which to construct the above eight-ft.-wide meandering pathway,then property owners shall be required to provide a public easement of sufficient size for pathway construction and maintenance. iv. Intersection Design Intersections shall serve as design focal points through the application of landscaping,surface treatments and lighting.Buildings adjacent within the WLG RMU zone shall orient entrances to intersecting streets to facilitate pedestrian usage. Figure 50.05.005-W:Building Orientation 2.1 - . OPI • • West ... Sonee= u� /• '• 1 w•� Metric(�.x�Greve et n Figure 50.05.005.W Wa0llirg[on Ct �'• • •�� vnu.n x«.awes: o° • v. Street Lighting Street lighting of a consistent style shall be provided within the Design District. vi. Landscaping Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 234/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Purpose:The following landscape treatment requirements reinforce the informal"village"scale and character of Lake Grove. (1) Landscape Styles The following landscape elements shall apply to residential development developed under this section within the Design District: (a) An asymmetrical composition of plant materials around buildings,parking lots,and within required landscaped buffers; (b) In areas designated for neighborhood commercial use,street trees shall be planted in rows; (c) Meandering pedestrian pathways;and (d) Use of trees which grow to a minimum height of 25 ft.and provide a spread of 15 ft.when mature.Native evergreen trees shall be incorporated where there is sufficient growing space per LOC 50.11.004—Appendix D,Section 4(Approved Street Trees for Old Town Neighborhood Design).See LOC 50.05.005.9.d.vi(2)(b)for tree requirements for parking area landscaping. (2) Parking Area Landscaping,Buffering,and Screening (a) Purpose The following standards for overall design themes for parking lot landscapes achieve development of a natural appearing landscape,which utilizes plant materials that are either native or have naturalized to the locale.Off-street parking areas should be designed and landscaped to: (i) Be buffered and screened from adjoining residential uses; (ii) Ensure that trees are integral to parking lot design to provide for'aesthetics and shade;,,.. Commented[JD45]:Stormwater infiltration should also be a central focus for trees in parking lot design.Consider (iii) Be an integral part of a development's overall site plan,taking into special consideration implementing bioswale-style parking lot design the requirement to preserve significant vegetation; ss requirements (iv) Visually mitigate large expanses of paving and allow for alternative surface treatments, Commented[JD46R45]:This is section 50.05.005(9) such as the use of gravel and other pervious surfaces to preserve existing mature trees;and (v) Preserve existing substantial trees,especially mature Douglas firs. (b) Minimum Parking Area Landscaping Standards All parking areas shall be landscaped to conform to the following minimum standards: (i) Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in.which reach a minimum mature height of at least 25 ft. and have a minimum spread of 20 ft.in order to cast moderate to dense shade. (ii) Where room is available per LOC 50.11.004—Appendix D,Section 4(Approved Street Trees—Old Town Neighborhood Design),large-scale evergreen trees such as western red cedar, western hemlock,California incense cedar,and Douglas fir of at least four ft.in height and which reach a mature height of at least 70 ft.shall be incorporated into the landscape theme. (iii) Exceptions to the requirements of subsection 4.f.ii(2)(a)and(b)of this section may be allowed for circumstances that limit placement of trees such as overhead lines,underground utilities and confined spaces. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 235/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (iv) Parking areas shall be divided into bays of not more than eight parking spaces.Between and/or at the end of each parking bay there shall be curbed planters of at least five ft.in width. Each planter shall contain one shade tree of at least three caliper in.The planter shall also be planted with appropriate ground cover or shrubs at a rate of two two-gallon plants for every 20 sq.ft.of landscape area.The intervening area between plantings shall be mulched with an appropriate material to a minimum depth of three in. (v) Parking areas fronting a driveway,sidewalk,pathway or public street shall be bordered by a minimum five-ft.-wide landscaped area.Within this area,shade trees shall be planted every 30 ft.Planting of shrubs and ground cover and mulching shall occur pursuant to subsection 4.fii(2)(d)of this section. (vi) Parking areas shall be separated from the exterior wall of a structure by a minimum of a ten-ft.buffer which may include a pedestrian pathway and/or landscaped strip.Parking areas or driveways shall be separated from abutting residential zones by a minimum 15-ft.landscape buffer pursuant to subsection 4.i.ii of this section,Landscape Buffering. (vii) All parking area landscaping shall be provided with underground irrigation. (viii) Entrances to parking areas shall be specifically indicated through pedestrian-scale signage and lighting. (3) Site Landscaping (a) Generally (i) All new development shall install landscaping on at least 20%of the development site on which buildings are constructed.This is inclusive of landscaping required for parking lots,and landscaping within required buffer areas.Landscaping may include courtyards,raised beds and planters,espaliers,arbors and trellises.The landscape plan shall incorporate large-scale evergreen trees such as Douglas fir,western red cedar,hemlock or California incense cedar. (ii) Planting plans shall emphasize development of an informal,natural appearing landscape. This shall be accomplished when a planting plan provides natural groupings of landscape materials.The planting plan shall utilize drought-resistant plant materials that are either native or have naturalized to the locale. (iii) Substantial trees that are preserved as part of an approved development application shall be counted towards fulfillment of this section. (b) Minimum Site Landscape Requirements Minimum landscaping shall be as follows: (i) Tree Size and Quantity One tree,la minimum of three caliper in.for every 500 sq.ft.of landscaped area.Where site Commented[JD47]:It may be beneficial to analyze conditions warrant,evergreen trees such as western red cedar,western hemlock and Douglas fir whether minimum tree coverage requirements align with of at least three caliper in.and which reach a mature height of at least 70 ft.shall be planted. the city's canopy cover goals.The highest quality analysis would calculate the canopy coverage of lots that have (ii) Shrub Size and Quantity marginally met existing caliper inch requirements.If canopy cover is lower than city canopy goals,this is an area where At least 15 shrubs of a minimum two-gallon in size for every 500 sq.ft.of landscaped area.All requirements can be amended. remaining areas shall be treated with suitable mulch applied to a depth of no less than three in. (iii) Irrigation All landscaping shall be provided with underground irrigation. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 236/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (iv) Street Trees (A) One street tree shall be provided within or immediately adjacent to the public right- of-way an average of every 30 linear ft.along the entire development site frontage. (B) Street trees shall be a minimum of three caliper in.when planted.When trees are not planted in a planter strip or landscaped area,tree wells,with approved grates that provide a minimum of 16 sq.ft.of surface area,shall be provided for each tree.Alternative arrangements to a linear street pattern may be implemented at the discretion of the approval authority.Existing preserved trees within 20 ft.of the public right-of-way shall be counted towards fulfillment of this standard. (C) In order to provide for a more natural and informal setting,groupings of trees may be allowed. (v) Exemptions from Street Tree Requirements Exemptions from street tree requirements may be granted by the approval authority,provided the following conditions exist: (A) Trees would create problems with existing above or underground utilities; (B) Trees would conflict with clear vision requirements;or (C) There is inadequate space in which to plant trees. However,the approval authority may require the applicant to plant street trees elsewhere within the Design District in lieu of trees which would normally be required for a specific development. If trees cannot be planted due to inadequate space or line clearance,the commensurate planting of shrubs or small trees more appropriate to the area may be required. Commented[JD48]:The code mentions the priority of vii. Preservation of Substantial Trees native trees over non-native trees.To ensure that planners over time are familiar with the tree species and their (1) Development plans shall preserve substantial trees to the extent practicable.Substantial trees for the relative value,it may be beneficial to create a tiered tree purpose of this section,West Lake Grove Design District,are all trees measuring over 15 in.DBH or more preference system.To illustrate such preferences, except for invasive,dead or hazardous trees.(Where compliance creates conflicts over preservation of / municipalities often create lists or tables to demonstrate different types of substantial trees,preservation of native trees such as Douglas firs is given higher priori[} which trees are considered highest priority(natives,oaks, than nonnative trees.It is not practical to preserve substantial trees where it would prevent development of etc.),lowest priority(invasives),and mid-grade public streets,utilities,or permitted land uses. (ornamental,non-native non-invasives).Such tables are most effective when common name,scientific name,"value (2) The approval authority shall have the discretion to allow modifications or require changes to the tier,"and a picture are included with each species listed. paving standards,such as the use of pervious surfaces,to preserve mature trees. Commented[JD49]:This is a common fork in the road (3) Tree removal shall be mitigated.Where practicable,trees of the same or approved variety of no less that outlines how we as urban foresters and city planners than three caliper in.shall replace trees removed with trunk diameters of six caliper in.or greater.Where view trees.When trees are viewed as individuals,the 1:1 complete mitigation is not practicable,payment shall be made into the City of Lake Oswego Tree Fund replacement plan is commonplace.However,when a city's pursuant to LOC 55.02.084(4)1 trees are viewed as a forest,a system,alternative mitigation plans are formed.Instead of individual tree replacement, (4) A protection and maintenance plan to promote the continued survival of preserved trees shall be many municipalities base replacement requirements off submitted for approval in conjunction with any development application. canopy ecosystem services.In such cases,the amount and type of replacement trees required for a removed tree is (5) Incentives for Preservation of Substantial Trees dependent on the value of the removed tree to the urban forest. For each substantial tree retained on the lot,a 500 sq.ft.landscaping credit can used to reduce the number of parking lot landscaping bulbs per subsection 9.vi(2)(b)(iv)of this section and/or the width of the It is recommended that tree mitigation is dependent on the landscaping buffer between a parking facility and the exterior wall of a building per subsection species and size of the tree removed.In other words,many 9.vi(2)(b)(vi)of this section,but in no case shall the total amount of landscaping on site be reduced below municipalities agree that removing a 30"DSH native tree 10%.A retained tree shall be credited only toward reduction in required landscaping.Sufficient landscape should require more replacement trees than removing a 10" DSH ornamental tree. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 237/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS area at the base of each preserved tree shall be provided as recommended by a certified arborist.The decision body shall require as a condition of approval that,where a preserved tree dies or otherwise must be removed,a native evergreen tree,such as a western red cedar,western hemlock or Douglas fir of at least three caliper in.,shall be planted. viii. Buffer Areas Adjoining residential land uses shall be buffered and screened from land uses within the Design District as follows: (1) Separation by Right-of-Way Where the boundary of the West Lake Grove Design District is adjacent to a residential zone but separated by a public right-of-way,buffering requirements shall be met by setback requirements. (2) Landscape Buffering There shall be a minimum 15-ft.-wide landscaped buffer along the entire edge of the West Lake Grove Design District where it abuts a residential zone and along the property boundaries of new commercial and townhome residential development which abuts existing single-family dwellings within the Design District.A buffer area may only be occupied by utilities,screening and landscaping.No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the approval authority.The buffer area is required to be landscaped as follows: (a) One row of three-caliper-in.deciduous trees,spaced no more than 15 ft.apart;or one row of evergreen trees not less than six ft.tall and spaced no more than 15 ft.apart,or a mix of evergreen and deciduous trees planted 15 ft.apart. (b) Ten shrubs planted a minimum of five ft.from each other which shall attain a height of at least six ft.within three years of planting. (c) The remaining area shall be planted in ground cover and mulched with a wood,rock or compost mulch to a depth of three in. (3) Screening Screening shall be provided by a six-ft.tall wood or masonry sight-obscuring fence or wall.The unfinished or structural side shall face the use to be screened. ix. Noise Mitigation Noise levels shall not exceed 60 dBA as measured at the property line abutting single-family residential districts.The development shall incorporate noise reduction designs into construction of the development, and/or provide for additional noise reduction procedures to comply with this standard. x. Building Design (1) Purpose The following standards create an aesthetically pleasing building design to achieve: (a) Architecturally designed structures of high design quality that are in scale with the site,in proportion to similar buildings in the West Lake Grove Design District and which utilize a pleasing variety of harmonious earth and muted tone materials,colors,finishes and textures;and (b) Buildings that are architecturally designed with a residential character and theme that reflect the architecture types that are historically indigenous to Lake Grove and Lake Oswego. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 238/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (2) Elements and Styles New buildings in West Lake Grove shall be designed in Arts and Crafts,English Tudor,or Oregon Rustic style,as described and outlined below. (a) Arts and Crafts Style Required Design Elements Structures built according to the Arts and Crafts style shall provide all of the following design elements: (i) Massing/Composition: (A) Asymmetrical composition required.This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade(see Figure 50.05.005-X). (B) Multi-Family Residential and Mixed Use Structures:See LOC 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements. (li) Roof:Steeply pitched gable with a minimum pitch of 10:12.Dormers are exempt from minimum pitch requirement. (iii) Exterior Building Materials(applied alone or in combination):Stucco;brick;stone;wood (including engineered/composite wood)horizontal lap and/or shingled siding. (iv) Windows:Casement and sash windows with multi-paned glazing.Picture windows are permitted on the ground floor only."Snap on,"surface-applied window mullions are prohibited (simulated divided light windows wherein the mullion is integral to the window assembly are permitted). Figure 50.05.005-X:Asymmetrical Composition Required I In I [[ ® ® �1011Q Asymmetrical composition (v) Additional Design Elements:In addition to the required design elements,above,structures built according to the Arts and Crafts style in the Downtown Redevelopment Design District shall provide at least one of the following design elements: (A) Roof Style:Dormers,or intersecting or multiple gable dormers or roof forms. (B) Materials:Simplified English vernacular elements such as simulated half-timbered walls. (C) Windows:Segmental and round arched openings used for accent. (D) Molding:Minimum 3.5-in.wide trim on doors and windows. (E) Other Elements:Prominent stone or masonry chimneys. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 239/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) English Tudor Style Design Required Elements.Structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide the following design elements: (i) Massing/Composition: (A) Asymmetrical composition required.This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade(see Figure 50.05.004-X). (B) Multi-Family Residential and Mixed Use Structures:See LOC 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements. (ii) Roof:Steeply pitched gable roof with a minimum pitch of 10:12.Dormers are exempt from this requirement. (iii) Exterior Building Materials:Brick,stucco,and/or stone. (iv) Windows:Multi-paned picture,bay,oriel,casement,and/or dormer windows."Snap on," surface-applied window mullions are prohibited(simulated divided light windows wherein the mullion is integral to the window assembly are permitted). (v) Additional Design Elements:In addition to the required design elements,above,residential and residential mixed use structures built according to the English Tudor style in the Downtown Redevelopment Design District shall provide at least one of the following design elements: (A) Roof Style:Double gable roof forms and/or dormers. (B) Windows:Leaded glass windows. (C) Building Materials:Complex brick courses that may include running bond,common bond,Flemish,and English bond patterns;or imitation half-timbering. (D) Molding:Minimum 3.5-in.wide trim on doors and windows.Trim should be of a contrasting color to the adjacent building wall.Brick buildings may provide contrasting stone moldings.Decorative trims are also encouraged. (E) Other Elements:Prominent stone or masonry chimneys;tudor-arched(as illustrated in the 1650 North Shore example in LOC 50.11.001,Appendix A)or round-arched openings,particularly in the entrance door. (c) Oregon Rustic Required Design Elements Structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide the following design elements: (i) Massing/Composition: (A) Asymmetrical composition required.This requirement is met when the building form and detailing are not identical on both sides of a central line dividing the facade(see Figure 50.05.004-X). (B) Multi-Family Residential and Mixed Use Structures:See LOC 50.06.001.7.c.i and 50.06.001.7.c.ii for building articulation requirements. (ii) Roof Style:Hipped and/or gable roofs(may be used in combination)with a minimum pitch of 5:12. (iii) Eaves:Minimum eaves of 18 in. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 240/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (iv) Exterior Building Materials(applied alone or in combination):Wood logs(unpeeled or half rounded);stone(including river boulders)on foundations or ground floor;wood(including engineered/composite wood)horizontal lap,board and batten,and/or shingled siding. (v) Windows:Multi-paned windows required."Snap on,"surface-applied window mullions are prohibited(simulated divided light windows wherein the mullion is integral to the window assembly are permitted). (vi) Additional Design Elements:In addition to the required design elements,above, residential and residential mixed use structures built according to the Oregon Rustic style in the Downtown Redevelopment Design District shall provide at least one of the following design elements: (A) Windows:Functional shutters. (B) Molding:Minimum 3.5-in.wide trim on doors and windows.Molding should be simple,square cut,or single-angle cut trim.Carved accents such as newel posts,exterior banisters,railing,etc.are also encouraged. (C) Building Materials:Natural,clear wood or semi-transparent finishes(instead of opaque paint). (D) Other Elements:Prominent stone chimney. (3) Design Standards The following building design standards shall apply to all commercial development which occurs within the West Lake Grove Design District as part of a residential mixed use structure.Variation of detail,form, and siting shall be used to provide visual interest as follows: (a) Buildings shall use durable and high-quality materials as follows: (i) Permitted Exterior Materials (1) Wood shingle,including engineered/composite wood; (2) Brick; (3) Stone-granite or concrete at street level only for WLG Office Commercial; (4) Horizontal wood lap siding,including engineered/composite wood;and (5) Stucco and timbers on gable ends only. (ii) Prohibited Exterior Materials (1) EIFS or other synthetic stucco material; (2) Metal panels; (3) Flagstone; (4) Plywood paneling; (5) Vinyl cladding; (6) Mirrored glass; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 241/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (7) Standard form concrete block(not including split faced,colored or other block designs,which mimic stone,brick or other masonry);and (8) Back-lighted fabrics. (b) Pitched roofs are required and include pitched gable end or hipped roofs.Small areas of flat roof not visible by the public or from adjoining residential areas are allowed where necessary to accommodate mechanical equipment. (c) Roof materials shall consist of either cedar shingles or three-tab composite shingles in dark grey, green or black colors.Metal roofs,colored roofs(red,blue or tan colors),and mansard or decorative roof forms are prohibited. (d) Building entrances shall be connected to a public sidewalk via a hardscaped pedestrian path. Building entries shall be weather protected by structurally integrated awnings or canopies,or recessed behind the front building facade a minimum of two ft. (e) Building vents and mechanical devices shall be screened from view with materials harmonious to the building.This shall be accomplished by using the same materials and/or colors as used on the building,or by using accent materials and/or colors from the building.Exterior site elements such as storage,trash collection areas and noise-generating equipment shall be located away from abutting residential districts and sight-obscuring fencing and landscaping shall be used to screen and buffer these features. (I) Rain protection is encouraged throughout the Design District and shall be afforded to the WLG RMU zone pursuant to Figure 50.05.005-Y:Building Rain Protection.Rain protection shall consist of fabric awnings or metal canopies.Vinyl awnings are prohibited. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 242/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-Y:Building Rain Protection .7---71irr - [ _ 11--. ..... I y. f • Lam_-- X Required Continuous Awnings andlDr Canaples Washington CI - oc® west Lake Grove Design OlHflcl �O Qr Figure SOA5.005•Y W' KokoC " h ,� ne1�n " .- --cam-S xi. Street and Pathway Lighting Street and pathway lighting shall be provided per Figure 50.05.005-Z:Required Street Lighting.Street and parking lot lighting shall consist of historic style fixtures.Cobra-head and contemporary fixtures are prohibited. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 243/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.005-Z:Required Street Lighting r _ • • �t • west „me,— ' • • • • - i • ■ • • A •• r 1 c�yJ Woata 50.G[Drv.Daalpn Uisl[k1 wtr asngtnn Cl FicigYre 50-05.00S2 • e' 0 ac«rv�.Ma.us+w o° • wa".a wa.rn�w�.r \ v • (1) Street Lighting Providence style LED streetlight fixtures are required along Boones Ferry.Fixture spacing is required based on a photometric analysis that meets a minimum standard for roadway lighting along a Minor Arterial as specified in Table 50.06.004-6. (2) Lighting of Sidewalks,Public and Private Pathways,and Accessways Low level pedestrian-scale lighting of less than 0.3 average foot-candles and with a maximum uniformity of illumination ratio not to exceed 20:1 shall be required.On-site lighting shall be of a pedestrian scale and of a continuous style that is maintained throughout the Design District. (3) Shielding of Lighting from Adjoining Properties Lighting shall be designed so that light is directed away and screened from adjoining residential properties and/or streets. xii. Outdoor Storage No outdoor storage is allowed. xiii. Stormwater Management Storm drainage and surface water management facilities shall be required pursuant to LOC 50.06.006.3, Stormwater Management Standards,and shall ensure stormwater is not directed onto adjacent residential neighborhoods. e. Design Standards for the Residential Mixed Use(WLG RMU)Zone i. Purpose The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 244/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS The purpose of this zone under these clear and objective standards for housing is to provide for the development of office commercial land uses along with opportunities for attached townhome residential housing.Housing may occur in the same building as office uses.The design character and theme of this district is intended to foster a residential architectural character,site design,and scale.The following standards achieve the creation of viable pedestrian-scale streetscapes and public places inclusive of pedestrian ways,parking areas,interior courtyards and public and private spaces.These areas shall foster the comfort and enjoyment of pedestrians and other users.In addition the streetscape/public place shall provide for"layers"of design elements such as benches and walls,landscaping,street trees and walkways.Windows are numerous and placed at the pedestrian level to provide building occupants with a visual connection to the streetscape/public place. ii. Required Design Elements The following design elements are required in the RMU zone: (1) Structures shall comply with the building articulation and building facade requirements in LOC 50.06.001.7.c.i. f. Design Standards for the Residential Townhome(WLG R-2.5)Zone i. Purpose The purpose of this zone under these clear and objective standards for housing is to provide for the development of medium density townhome residential housing.The design character and theme of this zone is intended to foster a residential architectural character,site design and scale which is harmonious with the surrounding office,commercial and single-family residential districts.Future development in this zone shall achieve through the following standards a viable pedestrian-scale streetscape,or public place which includes pedestrian ways,parking areas,interior courtyards and public and private spaces that foster the comfort and enjoyment of pedestrians and other users. ii. Design Elements (1) Structures shall comply with the building articulation and building facade requirements in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. (Ord.2909,Amended,02/07/2023;Ord.2803,Amended,02/19/2019;Ord.2797,Amended,11/06/2018;Ord.2723, Amended,10/18/2016;Ord.2651,Added,02/17/2015) 50.05.006 OLD TOWN NEIGHBORHOOD DESIGN Revised 4/23 1. PURPOSE The purpose of these design district standards is to develop a cohesive and orderly relationship between existing and proposed buildings in the Old Town Neighborhood by providing visual connections defined by the predominant architectural characteristics of the Old Town styles(see LOC 50.05.006.4.b).While a new development may have a distinctive identity,its overall effect should support and reinforce the Old Town styles. (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICABILITY a. This standard is applicable to major development or minor development within the R-DD(Design District)zone as described in LOC 50.07.003.14.a.ii(1). b. Where a proposed design does not comply with all clear and objective standards in this article,the applicant may choose a more discretionary level of review and demonstrate that the alternative design equally or better meets the design principles and purpose of the standards as described in the Purpose statements,and in the description of style for each of the Old Town styles in LOC 50.05.006.4.b. (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 245/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 3. DESIGN PRINCIPLES a. Design Excellence and Architectural Expression:Create aesthetically pleasing architecture that contributes to the sense of place,and neighborhood pride. b. High Quality Materials:Utilize building materials that are high quality,visually attractive,compatible,durable, and which add a sense of richness and character to the neighborhood. c. Sustainable Architectural Design:Promote sustainable architectural design and practices with durable construction and materials that conserve resources and minimize life cycle costs. d. Provide Context Sensitivity:Take into account proximity to existing uses,height and massing relationships, surrounding building character,street widths and functions,open spaces,and view corridors. e. Preserve and Enhance Historic Character:New developments should build on historic assets by recognizing the historic architecture and pattern of the development without being historicist. (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 4. REQUIRED OLD TOWN STYLE Revised 4/23 a. Purpose The following standards ensure structures reflect the historic architectural styles of the Old Town neighborhood,and that new structures blend with existing neighborhood structures built in these historic styles and located in the Old Town neighborhood.Structures in Old Town shall generally be characterized by simple massing and composition, the use of natural building materials,window and door openings emphasized with trim,and gable and hip roof forms. b. Old Town Style Structures shall be designed in one of the three following traditional American home building styles,as described and outlined below:Early 1900 Vernacular style(gable-front or gable front-and-wing),Craftsman,or Cape Cod. i. Early 1900 Vernacular Style (1) Description of Style One-or two-story with moderately pitched gable front or gable front with side wing,often with a front porch with shed or hip roof.Vernacular style house forms include square,rectangular,L-or T-plan with intersecting gables.These houses can include symmetrical placement of doors and double-hung sash windows,which are emphasized by window trim.They are typically sided with shiplap horizontal siding and have minimal or simple decorative detailing.Other building materials may include wood shingles or shakes,real brick,or natural stone.On the more complex structures with intersecting gables,the roof ridge of one of the gables is sometimes higher than the other adjacent wing. (2) Required Design Elements Structures built according to the Early 1900 Vernacular style in Old Town shall provide the following design elements: (a) Building Height:Single-family residential dwellings shall be a maximum of two stories. (b) Massing/Composition:Single-family residential dwellings shall have square,rectangular,L- shaped,or T-shaped plan(see Figure 50.05.006-A).Building projections illustrated in this figure may extend from any location along the building facade.Porch projections may be appended to any of the above plan types.Multi-family and townhouse structures shall provide additional building articulation, in accordance with standards in LOC 50.06.001.7.c.i(1). (c) Roof Style:Gable front,or gable front with side wing(see Figure 50.05.006-B). The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 246/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (d) Roof Pitch:Minimum 6:12;Maximum 12:12. (e) Exterior Building Materials:Wood shingles,wood(including engineered/composite wood) horizontal lap siding,real brick,or natural stone are required on all building facades.Thin,adhesive- applied brick and stone veneers are not permitted. (I) Windows: (i) Vertically proportioned double or single hung sash windows are required on all street- facing building facades. (ii) Windows shall have a minimum vertical-to-horizontal ratio of 1.5:1. (iii) Single-family and middle housing structures shall provide at least 15%glazing for all street-facing building facades.Glazing may be provided in windows or primary entry doors. (iv) Multi-family structures shall comply with minimum window provision requirements in LOC 50.06.001.7.c.i,Building Facade Elements. (v) "Snap on,"surface-applied window mullions are prohibited(simulated divided light windows wherein the mullion is integral to the window assembly are permitted). (g) Molding:Minimum 3.5-in.wide trim is required on all windows and minimum five-in.trim on all doors. (h) Front Entry: (i) Single-Family Residential and Middle Housing:A covered front porch measuring a minimum of six ft.deep and eight ft.wide,or one front entry that is recessed at least three ft. behind the front building facade.For cottage clusters,this standard applies to cottages that have no other structure between them and the front lot line. (ii) Multi-Family Residential:Ground floor residential entries shall provide a covered front entry measuring at least six ft.deep,or a front entry that is recessed at least three ft.behind the front building facade. Figure 50.05.006-A: Figure 50.05.006-B: Early 1900 Vernacular Style Massing/Composition Early 1900 Vernacular Style Roof Types The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 247/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ,¢ui I11 Square Gable front L-shaped Optional dormer 111 ® BD El50 Gable front with side wing T-shaped Rectangular (3) Additional Design Elements In addition to the required design elements,structures built according to the Early 1900 Vernacular style in Old Town are encouraged to provide at least one of the following design elements: (a) Offset ridgelines at intersecting gables. (b) Dormer(s)facing the front or side of the house. ii. Cape Cod (1) Description of Style A 20th century Cape Cod is square or rectangular with one or one-and-one-half stories and steeply pitched,side gable roofs,sometimes with an intersecting gable often with dormers and shutters.The siding is usually clapboard or brick.There is often an accentuated front door,with a decorative crown(pediment) supported by pilasters or extended forward and supported by columns to form a small entry porch. Windows typically are with double-hung sashes,usually with multi-pane glazing on one or both sashes, frequently in adjacent pairs. (2) Required Design Elements Structures built according to the Cape Cod style in Old Town shall provide the following required design elements: (a) Building Height:Single-family residential dwellings shall be a maximum of two stories. (b) Massing/Composition:Single-family residential and middle housing dwellings shall have square or rectangular plan(see Figure 50.05.006-C).Multi-family structures shall provide additional building articulation,in accordance with standards in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. (c) Roof Style:Side gable roof(see Figure 50.05.006-D). (d) Roof Pitch:Minimum roof pitch 8:12 or greater.Shed roof dormers are exempt from this requirement. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 248/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (e) Exterior Building Materials:Wood shingles,wood(including engineered or composite wood) horizontal lap siding,real brick,or natural stone are required on all building facades.Thin,adhesive- applied brick and stone veneers are not permitted. (f) Windows: (i) Double or single-hung sash windows with multi-paned glazing on one or both sashes required on all street-facing building facades. (ii) Single-family structures and middle housing shall provide at least 15%glazing for all street-facing building facades.Glazing may be provided in windows or primary entry doors. (iii) Multi-family structures shall comply with minimum window provision requirements in LOC 50.06.001.7.c.i.(2). (iv) "Snap on,"surface-applied window mullions are prohibited(simulated divided light windows wherein the mullion is integral to the window assembly are permitted). (g) Front Entry:A decorative crown(pediment)above the front entry that is supported by pilasters, or a covered front entry porch measuring at least six ft.deep that is supported by columns measuring at least 5.5 in.wide. (h) Molding:Minimum 3.5-in.wide trim is required on all windows and minimum five-in.trim on all doors. Figure 50.05.006-C: Figure 50.05.006-D: Cape Cod Style Massing/Composition Cape Cod Style Roof Types ./-000nal dormer ®® ®® RI El Square Rectangular Side gable roof (3) Additional Design Elements In addition to the required design elements,structures built according to the Cape Cod Style in Old Town are encouraged to provide at least one of the following design elements: (a) Dormer(s)facing the front or side of the house. (b) Windows:True divided light,multi-paned windows,in which individual sheets of glazing are provided between mullions(as opposed to simulated divided lights). (c) Operable window shutters. lii. Craftsman The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 249/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) Description of Style Low pitched gabled roof(occasionally hip)with wide,overhanging eaves,roof rafters usually exposed, decorative beams or braces commonly added under gables,porches either full or partial width,with roof supported by tapered square columns or pedestals,frequently extended to ground level and frequently composed of stone,clapboard,brick or in combination.Dormers are commonly gabled in twos or threes. Windows are typically large with small panes in the upper sash,and on the front facade are often flanked by two smaller windows.The most common wall cladding is wood clapboard,wood and shingles,with stone and brick used in combination,or for porch post pillars or columns.Stucco is occasionally used as is board and batten. (2) Required Design Elements Structures built according to the Craftsman style in Old Town shall provide the following required design elements: (a) Building Height:Single-family residential dwellings and middle housing shall be a maximum of two stories. (b) Massing/Composition:Single-family residential and middle housing dwellings shall have square, rectangular,L-shaped,or T-shaped plans(see Figure 50.05.006-E).Building projections illustrated in L-shaped and T-shaped plans in Figure 50.05.006-A may extend from any location along the building facade.Porch projections may be appended to any of the above plan types.Multi-family structures shall provide additional building articulation in accordance with standards in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. (c) Roof Style:Gable or hip roof,or combinations thereof. (d) Roof Pitch:Minimum 3:12;Maximum 6:12. (e) Eaves:Minimum two-ft.eaves/overhangs. (f) Exterior Building Materials:Exterior building materials shall be one or a combination of the following:Wood clapboard siding,wood shingles,real stone or brick,stucco,and/or board and batten. (g) Windows:Windows shall be single-or double-hung sash windows,casement,awning,or picture windows(or a combination thereof).Windows shall be square or vertically oriented if vertical mullions are used.Single-family structures shall provide a minimum of 15%glazing on all street- facing building facades.Glazing may be provided in windows or primary entry doors. (h) Front Entry: (i) Single-Family Residential and Middle Housing:A covered front porch(full or partial width of front elevation)measuring at least six ft.deep and at least half the width of the front facade. Porch roof shall be supported by tapered square,square,clustered square,or pedestal columns, measuring at least 5.5 in.in width at the narrowest point(clustered columns shall provide a minimum overall width of eight in.).For cottage clusters,this standard applies to cottages that have no other structure between them and the front lot line. (ii) Multi-Family Residential:Ground floor residential entries shall provide a covered front entry or a front entry(measuring at least six ft.deep)that is supported by tapered square,square, clustered square,or pedestal columns,or a front entry that is recessed at least three ft.behind the front building facade.Columns shall measure at least 5.5 in.in width at the narrowest point (clustered columns shall provide a minimum overall width of eight in.). (i) Molding:Minimum 3.5-in.wide trim is required on all windows and minimum five-in.around all doors. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 250/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (j) Multi-family structures shall provide additional building articulation,in accordance with standards in LOC 50.06.001.7.c.i and 50.06.001.7.c.ii. Figure 50.05.006-E: Figure 50.05.006-F: Craftsman Style Massing/Composition Craftsman Style Roof Types Dptmnd EE trarmnr ® l [ Square Rectangular i ��� ` II B mtGD - : r a L7Q S7t7 Gable front Side gable Reuenni —pOrrRel fILEUT Lshaped LJLI ❑E7] i'� i,i Q WTI B] reshaped Hip roof Side gable with projecting front gable (3) Additional Design Elements In addition to the required design elements,structures built according to the Craftsman style in Old Town are encouraged to provide some or all of the following design elements: (a) Exposed roof rafters and brackets. (b) Dormer(s)facing the primary street frontage. (c) Trim wider than five in.surrounding front entry. (d) Side lights at the front entry. (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2651,Amended,02/17/2015;Ord.2579, Repealed and Replaced,03/20/2012) 5. BUILDING SITING AND MASSING a. Purpose The following standards ensure that new structures use building massing and composition elements characteristic of the Old Town styles,and are compatible with existing neighborhood structures. b. Required Massing and Composition New buildings shall comply with the building massing and composition,and building height requirements associated with the chosen Old Town Style. c. Roof Form and Pitch All roofs shall comply with roof style and roof pitch requirements associated with the chosen Old Town style. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 251/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 6. BUILDING DESIGN AND MATERIALS a. Purpose The following standards ensure new structures reflect the historic building design and materials of the Old Town neighborhood,and that new structures blend with existing neighborhood structures built in these historic styles. b. Materials i. Moldings New structures shall comply with minimum requirements associated with the Old Town styles. ii. Building Materials New buildings shall comply with requirements for exterior building materials associated with the chosen Old Town style. iii. Prohibited Building Materials The following materials are prohibited: (1) Grooved,presawn plywood(e.g.,T-111). (2) Metal. (3) Pressed wood and plywood. (4) Vinyl siding. (5) EIFS(fake stucco). (6) Concrete or other products made to appear like brick or stone,with the exception of concrete foundations. (7) Diagonally applied or vertically oriented siding materials with the exception of board and batten siding. iv. Permitted Roofing Materials The following roofing materials are permitted: (1) Composition shingles. (2) Wood shingles. (3) Materials which have the appearance of composition or wood shingles. (4) Clay or cement roof tiles. v. Chimneys Chimneys shall be real brick or real stone,or boxed-in with the predominant siding material of the building. For the purposes of this standard,the predominant material is that material used in greater quantity than any other material. vi. Windows The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 252/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Sash materials shall be wood,vinyl,or aluminum clad,but not aluminum color.Glass block is prohibited.The general window shape and typical window placement and trim of the Old Town styles shall be followed. vii. Entrances and Stairs (1) Entrances New buildings shall have a minimum of one principal entry clearly visible from the street.This entry should be accentuated by characteristic elements of the Old Town styles to make it a visual focal point. Where an entry to an additional unit is not directly visible from the street,its location should be clearly marked by some identifying feature such as an entry trellis,or entry gate with a visible address. (2) Stairs Front entry stairs shall contain no more than seven risers between each landing. (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 7. FENCING AND LANDSCAPING a. Purpose The following standards ensure fencing and landscaping elements appropriately complement the Old Town Style described in LOC 50.05.006.4.b. b. Fencing Fencing is not required.When fencing is included in the front yard,it shall be used in an ornamental or symbolic way rather than as a visual barrier.Fences and gates constructed of metal chain link are prohibited except for: i. Temporary fencing used in tree protection measures as required in LOC 55.08.030,Tree Protection Measures Required,or in construction fencing;and ii. Vinyl clad metal chain link in the side and rear yards of properties located east of Furnace Street;provided, that the fence does not extend into the front yard setback. The maximum height of fencing within the front yard setback area shall be four ft.All fencing located within the street-facing setback shall be a minimum of 50%transparent.Retention of existing real stone or real brick walls is encouraged when new development is proposed.Construction of new real stone or real brick walls that are of similar height and character to existing real stone or real brick walls is also encouraged. All fences or walls over five ft.in height shall incorporate an open design where areas,either at the top of the fence or wall,or throughout the fence or wall surface in a regular pattern,are permeable to light and air.The solid surface area of any fence or wall over five ft.in height shall not exceed 83%of its total area measured in any five-ft.wide section(see LOC 50.11.003,Appendix C,Fence Types A—C).Trellis and arbors are exempt from the calculation of solid surface area. c. Trees and Landscaping i. Mature trees or tree groves shall be preserved and incorporated into the site plan for new development. "Mature"tree means trees that are 18 DBH or greater. ii. Two trees for every 50 ft.of street frontage are required within ten ft.of the right-of-way as a condition of approval of a new structure.New street trees shall be selected from the City of Lake Oswego Master Plant List, Approved Street Trees—Old Town Neighborhood Design(see LOC 50.11.004,Appendix D).Existing street trees can be counted in order to comply with this requirement,as long as the City Manager agrees that the existing tree(s)is/are viable,and the species is including within the City of Lake Oswego Master Plant List, Approved Street Trees—Old Town Neighborhood Design(see LOC 50.11.004,Appendix D). The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 253/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 8. GARAGES If a garage is provided,it shall meet the following siting requirements(see also LOC 50.11.003,Appendix C,Figure 4): a. Minimize the visual impact of garages and parking from the street by: i. Facing the garage on a separate street frontage from the front door of the primary structure;or ii. Setting back the side of the garage facing the street a minimum of five ft.behind the front elevation of the primary structure,when the garage faces the same street frontage;or iii. Accessing the garage or parking area from the rear of the lot,where feasible. b. For single garage openings(one to two cars)not facing the alley,provide a recessed door,decorative trellis or other feature that will create a shadow line giving the perception that the garage opening is recessed.The feature shall be provided across the top and along the width of the garage door(s)and shall be at least 12 in.deep and six ft. tall;or c. For multiple garage openings(three or more cars)not facing the alley,only the garage openings for the first two vehicles may occupy the same building plane.Each additional building plane with a garage opening shall be set back by a minimum of two ft.from the previous garage building plane. d. Exceptions.The standards in LOC 50.05.006.8.b and 50.05.006.8.c shall not apply in the following circumstances: i. Where the average slope of a parcel exceeds 20%; ii. Where the width of a parcel is less than 50 ft.;or iii. Where the garage is proposed to be set back at least 60 ft.from the public right-of-way. e. Detached garages shall have the same roof pitch and architectural style as the primary structure. (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 9. ADDITIONAL REQUIREMENTS FOR MULTI-FAMILY DWELLINGS a. Purpose The following standard ensures that new multi-family structures,due to their potential size,are visually reduced in scale and relate to nearby residential structures and neighborhood scale in general. b. Multi-family structures shall be designed in one of the Old Town styles,as described and illustrated in LOC 50.05.006.4.b.In addition,multi-family structures shall also be subject to the following requirements: i. Multi-family structures shall provide articulated building facades and rooflines in accordance with requirements in LOC 50.06.001.7.c.i,Standards for Multi-Family and Residential Mixed Use Structures. ii. All surface parking areas shall provide a landscape buffer measuring a minimum of five ft.wide between the parking area and any public right-of-way or abutting property.The buffer should provide continuous landscaping measuring a minimum of three ft.high.All multi-family and duplex development must also comply with setback and landscaping requirements in LOC 50.04.001.2.e.iii. iii. Parking spaces may not be located within the front setback or between the building and any street frontage. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 254/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (Ord.2892,Amended,06/07/2022;Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 50.05.007 LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT Revised 4/23 1. PURPOSE The purpose of the Lake Grove Village Center Overlay District(LGVC Overlay)is to implement the vision,goals, and policies of the Lake Grove Village Center Plan,a special district plan within the City of Lake Oswego Comprehensive Plan.Implementation is intended to occur through land use requirements,development standards, and incentives that promote an attractive,pedestrian and bicycle friendly,mixed use center.The LGVC Overlay features special standards to address specific conditions and ensure desired features and character as follows: a. Village Transition Area standards are intended to provide a transition between the core commercial area of the district and the surrounding residential areas. b. Village Commons and Village Gathering Places standards are intended to enhance community identity and provide opportunities for social and cultural engagement. c. Design Area standards are intended to ensure building design enhances the pedestrian environment and provides visual interest and appropriate scale suitable to either a street orientation or a campus orientation. d. Village Streetfront standards are intended to ensure spatial enclosure and either an urban,transitional or park character along public streets. (Ord.2709,Amended,05/17/2016;Ord.2579,Repealed and Replaced,03/20/2012) 2. RELATIONSHIP TO OTHER DEVELOPMENT STANDARDS Developments subject to this overlay district shall be in accordance with the standards of this section and,except in the event a section is superseded below(in part or whole),all other applicable Lake Oswego codes,standards and regulations. a. This overlay district supersedes the following sections in this Code: i. Commercial Site Development Limitations,LOC 50.04.001.4.a; ii. Medium and High Density Residential Lot Coverage,Yard Setbacks and Buffers,and Height of Structures, Table 50.04.001-3,Residential Medium Density Zones Dimensions and Table 50.04.001-11,Residential High Density Zones Dimensions;and ui. LOC 50.06.001.5,Commercial,Industrial,and Multi-Family Development Not Located in the FMU Zone, and Minor Development in the R-DD Zone Standards for Approval. b. In the event this section and other Lake Oswego codes,standards and regulations regulate the same matter,the LGVC Overlay standards shall supersede the other Lake Oswego codes,standards,and regulations,even if the LGVC Overlay standards are less restrictive than the other standard. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 255/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-A:LGVC Overlay Boundaries --- ./f.-riVi:i : c 018-10%) .,11 I./ 74, j_�-------_- = ,-- ,_! -. s L / .@ / -------._ .:-..!".....'---.1., ii/ QC ------- / '1.1/'--- OG L At i ril 111 .�-5, `T 1 �- -. - I . Gc . .% . . ti -' r r .y�, v..ski, �--, i oe - Zoning and Boundary Map ▪ '} "f''' GC PF "u • - .5' _ ••I c.te a..�,...n I . I•wr i..amen Maurer � • %. e.MrM Mea .▪ *- R=1 lf. N. n .gn:w..� ' G.1-lntvra -0 Ir-} �� r]L-�CM. R-4efeSaedntl i 9GR0[Sze L>•*p q.rid:nxY }- a .r ." ...r- e .. (Ord.2709,Amended,05/17/2016;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 256/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 3. APPLICABILITY a. LGVC Overlay Applicability The LGVC Overlay applies to all land within the boundaries of the Lake Grove Village Center Plan as identified on the Zoning and Boundary Map,Figure 50.05.007-A:LGVC Overlay Boundaries.The LGVC Overlay contains design standards that apply district-wide,and special design standards that apply only within the subareas shown in Figure 50.05.007-B:Village Transition Areas(VTA)Map and Figure 50.05.007-C:Village Commons and Gathering Places Map. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 257/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-B:Village Transition Areas(VTA)Map • /..-..y..„----) _ )1 r------,, crm ...,.- .214,,, 7 Th./ ----________j , /-12 I I — _ �{ � ll — di 'i I , _ . /- f, // WSJ —I 1 ` . . - �--]. d , k' M 1 TT I— ri.,:.ii, ,_, '''T-7/ 1 1 1 i t I r 1-.' Y- Y1 .T_-. Ya---•ter.-..-.... - , YI 19 1 1 1 3 -S -1 . no-,x- �/-r 3.',a .� 1 1 r J �1 • . . ,..„...f. 1 ,, Village Transition Area iVTA)Map I.J VTA 1 VTA2 I I VTAS 1 mil +v3A f)wyyr,aFnn weu rl. In A pptbvi claw pa.+•ai1 ` • i__;I GVC Overlay Ristricl Boundary Figure 50.05.007-C:Village Commons and Gathering Places Map The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 258/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ?r7 ,,,,„-, ------____ crin , ,_ ......... .._ ','1:-.1--, u-------7:ic„ ILL'il--- ~ f 7: r. ' . -- I Si n \- n \:'`.'''''''''.'' ! --\'-.. . •-\) - -4'1 / 't( 1 ', .... „IS': / ....- -\ \- 1TR--i i--47, -,,'""'''. . ,„... fir • “; • PIP VEUage-Commons 1 J k. rx, N I Lcmlm SKnr,.uip G..vi pUni i ]I f r J` qe oeouvoanreerc4su ► , I1M-1 � ��C �L .a,IFN T-' e h . .,.ua'- Li 1. w Ir L_ IL -- "-1 I �. I • , Iiii r r' rx~ Village Commons and • \ N- Gathering Places Map — .Rn - w h tiL.Y aMrte`wseey`�wr nrs - rm, .•4 I=9 E I--}Z.:-. nIXnr`". 4 `F- a„„.g91 ttz. caW6 .1 - In CO./HF Rang 4k��;�k f(�Y!J/I f ,I . R b. Design Area Applicability Figure 50.05.007-D:Village Character Map,sets forth the areas in which Urban Village Design and Village Campus Design standards apply. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 259/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 5500.05.007-D:Village Character Map m.4___"Fr . L ' ..ta Ilia% Mr) ii 7_________________ ., r-4/ T • c L, / ...-, , ,...7„..,,,,::: . ... ., _i__________I , A. . ... ., 7-_,...„..„,........„...„,„,,,,..„.....„ . .,.._.ar / . , -.4---- •,-,...,,!..,.4-4.7. I. I I: ,;2i.A.. T\-1 A U� "}' 1 II'Q 11 -,..11.-i, Iiih A Nip... ,_ ".4..sh,...... , I Mt 'T7 11111111 • �,',AL NI imp _ ego1 I. 1.. - . 6 0..4 Ar.s. ..' • • - i...- l l . •U I- ] 1 .0, -7-1111-L._ - .. i_,:,. . . i Village Character Map "aMr :. Li.Grarvwnago an.UnerV..rcI ,�� } LI:W:SVWiy[EmYmraw .�.^�x�w hair.ww:..?.nae Frt.auv H•u i.fe Yre+ .. '.in•N .'T•Nw 44:4011A1 ''.. 10. Swvev+lE+.. TlYYwMmrhlwYew.r'e `NwS..ol:wlfip. Ih . .r.- s..k itr�Nrn+.9 GwMwly:l. w:..'..0 .I n wrw.iY2skan Ox-14 •I rnxwEnn.+e.myi tor let. ,0A\liii. LCl :f�uwnvw �n4o 1 1V/ Ffgu s0.45.O07-D c. Applicability by Type of Development i. New Construction/Redevelopment The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 260/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS All standards of this overlay apply to new building(s)and alterations to existing buildings that do not meet the definition of"remodel"in subsection 3.c.ii of this section,and site improvements on any vacant or redeveloped site and to new building(s)and related site improvements on any partially developed or developed site. Exceptions: (1) For the construction or redevelopment of single-family and middle housing dwellings,the pedestrian features standards of subsection 5.d of this section do not apply. (2) For seasonal restaurant enclosures,only the site dimensional standards of subsection 4 of this section apply. ii. Remodeled Buildings,Building Expansion,and Site Improvements The standards of this overlay apply to any remodeling,building expansion,or site improvement project on a partially developed or developed site,except as expressly provided below. For the purpose of this subsection,"remodel"means less than 50%of the exterior wall is removed or is no longer a necessary and integral structural component of the overall building.Elements of the exterior wall include columns,studs,or similar vertical load-bearing elements and associated footings.However,existing exterior walls supporting a roof that is being modified to accommodate a new floor level or roofline shall continue to be considered necessary and integral structural components,provided the existing wall elements remain in place and provide necessary structural support to the building upon completion of the roofline modifications.For buildings not principally supported by exterior bearing walls,"remodel"means less than 50%of the principal support structure,including columns,structural frames and other similar primary structural elements,is removed or no longer a necessary and integral structural component of the overall building.Alterations that are undertaken solely to bring an existing building into compliance with the Building Code are not counted towards the 50%measurement. (1) Standards apply only to the structure or to that portion of a structure or site that is being constructed, modified,remodeled,or built upon. Exception—Boones Ferry Road Constrained Sidewalk:On property along Boones Ferry Road depicted with constrained sidewalk sections on Figure 50.05.007-L(Streetfront Environment Map),public right-of-way shall be dedicated and sidewalks shall be widened as required by the site planning standards of LOC 50.05.007.6 when: (a) 750 sq.ft.or more of floor area is demolished and reconstruction occurs of at least 750 sq.ft.of floor area;or (b) The existing floor area is increased by 50%or more,or 750 sq.ft.,whichever is less;or (c) The number of parking spaces is increased by 15%or more. These can occur either by a single project or cumulative projects within five years from the date of application,but not including projects applied for before October 4,2012. Exception—Remodels Under 750 sq.ft.*:The standards for build-to line,minimum street frontage and minimum height at streetfront do not apply to remodels where: (a) Less than 750 sq.ft.of floor area is demolished and reconstructed,or (b) Existing floor area is increased by less than 750 sq.ft.,or (c) An outdoor dining/seating area of less than 750 sq.ft.is added between an existing structure and: (i) The outdoor dining/seating area abuts a restaurant or specialized food store;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 261/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (ii) The outdoor dining/seating area is visible from the street;and (iii) The building fronting the outdoor dining/seating area has windows,and doors opening onto the dining/seating area;and (iv) The outdoor dining/seating area incorporates materials and landscaping consistent with the Lake Grove Village Center Design Handbook streetscape design standards;and (v) No dimension is less than ten ft.;and (vi) A covenant is recorded requiring the outdoor dining/seating area to provide benches, landscaping in pots and an opportunity for public art if there is a change of use from a restaurant or specialized food store. *The exceptions above apply cumulatively to all remodels and new construction after June 17,2016. (2) The following standards apply only when the proposed development occurs within the build-to line, LOC 50.05.007.4.e.i. (a) LOC 50.05.007.4.e,Streetfront Environment; (b) LOC 50.05.007.5.d.iv,Rain Protection; (c) LOC 50.05.007.5.i.ii,Public Plaza; (d) LOC 50.05.007.5.i.iii,Urban Village Standards for Buildings Exceeding 35 Ft.or Two and One- Half Stories; (e) LOC 50.05.007.5.i.iv,Storefront Window; (f) LOC 50.05.007.6.b.ii(2)(b),Urban Streetfront Environment;and (g) LOC 50.05.007.7.d,Transitional Streetfront Environment. (3) The site development standards in the following sections do not apply to building remodeling projects.The site development standards apply to site improvement projects only if the proposed site improvement includes the abutting street right-of-way: (a) LOC 50.05.007.6.b.ii(2),Village Streetfront; (b) LOC 50.05.007.6.e.vii,Street Trees;and (c) LOC 50.05.007.7.c,Village Commons and Gathering Places. (4) For lots that are the subject of right-of-way acquisition by the City after December 7,2017,for the purpose of improvements to Boones Ferry Road,the following standards do not apply to development made in substantial compliance with the site plans approved by City Council per Attachment C of Ordinance No.2753: (a) LOC 50.05.007.6.e.i,Landscaping Minimums; (b) LOC 50.05.007.6.e.viii(5)(a),Parking Facility Edge Treatment(sidewalks); (c) LOC 50.05.007.6.e.viii(5)(b),Parking Facility Edge Treatment(buildings). Expiration:This subsection shall not apply to development on a lot after: (a) Three years from the date of right-of-way acquisition;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 262/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) One additional year if,prior to the expiration date in subsection(a),the property owner submitted a written request to the City Manager for the extension due to unforeseeable delay in commencement or completion of the site improvement work,and the City Manager approved the extension. (5) For remodels of single-family dwellings and middle housing,the pedestrian features standards of subsection 5.d of this section do not apply. (6) Conversions of single-family dwellings that result in the creation of middle housing and are not classified as an expansion or addition are exempted from the standards of this subsection;provided,that the conversion does not increase nonconformance with applicable standards. (7) For additions to single-family dwellings that result in the creation of middle housing,the standards of this section shall apply only to the newly added and any replaced portion(s)of the structure.Existing nonconforming portions of the structure are exempted from the standards of this section. d. Nonconforming Uses This section supersedes all of LOC 50.01.006,Nonconforming Uses,Structures,Lots and Site Features,except the following subsections: i. LOC 50.01.006.1,Nonconforming Defined;Rights Granted; ii. LOC 50.01.006.2.a,Continuation of Nonconformity;and iii. LOC 50.01.006.6,Discontinuation of Nonconforming Use. (Ord.2892,Amended,06/07/2022;Ord.2851,Amended,09/15/2020;Ord.2803,Amended,02/19/2019;Ord.2753, Amended,11/07/2017;Ord.2709,Amended,05/17/2016;Ord.2644,Amended,04/07/2015;Ord.2580,Amended, 09/04/2012;Ord.2579,Repealed and Replaced,03/20/2012) 4. SITE DIMENSIONAL STANDARDS a. Purpose These standards are intended to encourage buildings to be built at a pedestrian scale and create a district that appears and operates like a traditional town or village with commercial and mixed use structures centered on a primary commercial street,Boones Ferry Road.Village Edge and Village Transition Area requirements ensure heights compatible to adjacent residential development and provide a transition in scale,massing and height from the core commercial area to surrounding residential areas. b. Structure Height i. Maximum Height Limits Maximum height limits are set forth in Table 50.05.007-1 below and in the provisions that follow.Height limits apply at locations identified on Figure 50.05.007-E:Village Height Map and are illustrated in Figure 50.05.007-F:Height Measurement,Figure 50.05.007-G:Step Back Above Second Story,Figure 50.05.007-H: Village Edge Height Limits and Figure 50.05.007-I:Village Transition Height Limits.In case of a conflict, locations identified in Figure 50.05.007-E,Village Height Map,apply. TABLE 50.05.007-1:VILLAGE CENTER MAXIMUM HEIGHT LIMITS Applicability Maximum Height Base Zone Height Limits GC,OC,R-O,R-3,R-5,OC/R-3 45 ft. PF,NC/R-O*(see NC/R-O below for residential use): 35 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 263/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.007-1:VILLAGE CENTER MAXIMUM HEIGHT LIMITS Applicability Maximum Height *NC/R-O on a lot or lots developed as one project of one-half acre or greater in total area with 45 ft. residential dwellings at a minimum density of 20 units per acre. Village Edge Height Limits Applies to a distance of 30 ft.to 48 ft.from 28 ft. parcels zoned R-7.5 or R-10 adjacent to the rear property line of the subject property.May apply at the side property line of the subject property adjacent to parcels zoned R-7.5 or R- 10 at limited locations identified on Figure All Zones 50.05.007-E:Village Height Map. Applies at a distance less than 30 ft.from 0 ft. parcels zoned R-7.5 or R-10 adjacent to the rear property line of the subject property. Exceptions shall be allowed for legal fence and walls. Village Transition Height Limits Applies within VTA 1 at a distance less than 28 ft. 60 ft.from parcels zoned R-7.5 or R-10 and front or side property line of the subject property. Applies within VTA 1 at a distance of 60 ft.to 35 ft. Village Transition Areas(VTA) 120 ft.from parcels zoned R-7.5 or R-10 and the front or side property line of the subject property. Applies within VTA 2 and VTA 3 at a 35 ft. distance up to 120 ft.from parcels zoned R-7.5 or R-10 and the front or side property line of the subject property. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 264/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-E:Village Height Map .7 I ,,_ _Ic „ 1 .., . , , ___ . , , ''' t7C'R•3 i ��� r; �.- i yr -' o Inc` --,q ' -7 � I v �n".• - 4r5 \--\-r-'-q ' ~~ r.r NIL .G •: $s e..gw..: F .f,• g \ \ \._I \ jni ._1 _IT.-i-,:.F.:,- 1 -: -" .,.....,V • �;T1-I i l { GC ii ,. "U f _ It 71 � � . IY.TM1 Fes-jam'«,1�.{ ._.{ r rTM! as r II —I "r i r 35 y� �._urmir' yy.�� R.7.5 I R_7,bi • •� jH3 -i! i.1 6 I 1.i ;r• a t •C� I R:-r�1 4 f ter_ �. i 22.,\C -.< F p__ u7i577 ''. ''' ..,-----_..-. .„,-...-r, ,-, \ , • - .___ Village Height Map r o- -`� 3 DC �c:. I J5 1I eaae xano Maximum Height =3 'a5 _ '-'�^�� Stet;93tk 5'RAwu Satond Story S�: • ▪j/ ?:r r " I Vila £tlge Maximum Height • { ..\ 4: 'a:.;i VTA Maximum Height i S ) ` .. i LGYC Overlay District Bn tindery f Y Figure 50.05.007-F:Height Measurement The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 265/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS r Base Zane LGVC Overlay��R-1.5or Hel ht oioict Bcwiddry ! R-f 0 tune lir 45' r-- Mir—��. I i I GC.X.R.O. L. R•7.5 Street I R-3,R•5 ! R-10 M • l Section 1 `I i Base Zone Base Zane 1 Height Height 45 '11F35' r•.,L.,.... _ R-3,R-5 PF.NC I r R-P.9 ar � � I i R-10 Section 2 t GC,OC, Base Zone Height Limb R.O.R-3,R•5 n 15 Fw[llmt Height Base Zone 45 Fee{ ��.6 +..r.,....R C,R': Height Limits e r, V. ' �9ifmot Height Village Height knits work in ✓� ttiAppll.60.PF.NC ooateinelcn with other PF Ili5 standards In ensure desired 35 Fee ' SCAMend oonJpalihle GC.GC,R 0,R-3.R-5 6- iransRion to gun-pending 45 Fest 1 w,density residential Ilstricts. r'• 5 Adadionai Aeiant Limits.yarn setbacks end etherdimen- •ti s k' R-7.5 or R-10 sional Standards apply. y'�y� 1 y 26 Feet r d R-7.5 or R-10 2e Foot Figure 50.05.007-G:Step Back Above Second Story The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 266/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Step Back +ems..twlQnyeo t LsVG Overlay—At—R-7.5a ar.21+2 stones 0ornsure(lowed Al br6Ulet6axldary I R•10ar1e ir age scale al ah,tet. i r _J r-7.5 0 SUM i R•'i9 I jSection 1 I 13 —r- 35' 35'-i. -- LFmb.WFkw yy 4� a Y 2 Alit r A 9 �. n, Illustrative Section A z•"' Illustrative Section R r a gg aco,oe, ate Sir h Above 7a st«y E �RA,N'].R sr�p8ack s Fen `e c As FI�Y , :�17.t77 ndr�'', Ste Back �`' snav aloe had.o-an ue P :' e�cmwnr slur rao f a r r Jby wml.lrmni mat, Height Limits I sk r t vrlwgs rings limi+s work In P fa1 combine5wr...Alt etrser .+�i aran:woe toensu*e desired SC.1/C./f-4,P-`-t,Fes$ - scale and oompahbls 45 Feet ,A* r r8++esos An 9urrC.fndM1i) y+ -ob. • FeW tere5iry I5sIr1efili. r' chsimt.... % i AadIiooal 1P.lanl llmi s,sans tothrrart and sTh5r timer.- Lt --IL T R.7.5 of It•1 D sir'staMndards apply. t ti a Foot 12.7-5 or R_10 2a Fart Figure 50.05.007-H:Village Edge Height Limits The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 267/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Village a 'r1iasa'°"5 e°1 f d9 osrnaya�mccwons,.rn Height Limits heignrs oonipaubia xeu, adjacent low.densay ..,,....diAtrKxr. I LGVC Overlay—1l4-13-I.6 or Civet/Boundary r P.-10 Zone 1 r r r- 1 i l `i ��� .R7.5 or } Street I . ! R-10- .3°1{ r Section 1 ll` , as' r .•+' , g% .i a. Village Edge Haight Limila m as ks -28 Feel MM eightill Village Edge ra'• ' ,, U walieaau reel ioaereet Height Limits 40 e Trow Fi-75 and s-Tc r roelo ,.•' ,t + : U adjxnnt SO the rear weedy Sneer the sateen property. 'Allege Height limits work in • �` r ,.•ce �,'+ GC,ptr DOa+pindlion with Other ,r`•" R-0,R-3,R-S standards to ensure desired 45 Foot pry + scale and DOmp9lAle rs�1 transition to surrounding 28'height smil applies within 30'-48'lrum low•aens.y residential parcels zoned A-7.5 orR-10 adjacent lathe districts. 28 rear property line at me ss tact pnmeerty.At a Feet Galan[: ..•than 00',the height Imam 0' Additional height limits.yard gelbackg and other dlmen- FeetIllinik. Mahal slatntlart79 apply. s9a'''- R.T.5 or R-10 tP" 28 Feet Figure 50.05.007-I:Village Transition Height Limits The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 268/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS VillageTransitiOn Applies along cross streels La ensure Height Limits herghta a compatible trensrtion 4mo ocmmenrl to adiaoent Ion i r itr resisenaar diclno6. LGYC Overlay_,.—R-7.5 or —•• —— 45' Llshict Boundary l R-10 Zone = r— 2V i .r �.�� -- ;.,.., IR-T.S r I R-f0o l L 50' 120' 1 Section 1 i r# .e = : hoc, YfA Height UrnEts 3t.0,l6$,R.5 28 FeN hiss Helghl Village Transition 45 Foci {VTA 1 �, 6. } Height Limits Applies to VTA 1 prircola al Sara ceaide property ins Village Might limits wort in r r 4 !I a distance leas man a0' CCmtllnatiOn with rtfrsr iiiYYY Iron,pal zoned R-7.5 standards to ensure desired .0 1 35 ;;P NC _ or R-1d- scale and compatible GC,OCi _�� .r•'•'R-0,R-],R-5 Fort "o transition to surrounding 17... 45 Fie Fee} t' ®35 A 2&Mahe loNrdensity residential VIA 2 s 31.ylpht limit of 35 r districts. applies a1 wilnin 129'morn R. - Appiian to VTA 1 parpnl,t.I p®rce&toned R.7.5 or R.113.lti onar..... trontoe aide property Line Additional height limits,yard ale uamnoose to 1213' setbacks and other dimen- 112 l zone d parcel R-7.5 sional standards apply. .. .. R-7.5 or R-10 cr R-10. Vll 1 r . 28 Feet APp •o VTA 2 and 3 \}"y • parcelsalironl o'aise propec° R-75 or Is-10 VTAi heightlinlilof u 120 irumline al e reeace o-0 28 Feet 28 applies el wdhinE30- harm pa�ls ginned mono R.-7.5 or R-10 R.7.5 or R.14.Within _ 6d to 120.the VOA 1 height lanit a35. ii. Standards for Buildings Exceeding 35 Ft.in Height or Two and One-Half Stories Purpose:Ensure taller buildings contribute to the pedestrian environment,support desired village scale and character,and provide for compatible transitions to surrounding low density residential districts. The following standards apply for any building exceeding 35 ft.in height or two and one-half stories: (1) Maximum Height at Boones Ferry Road.This standard applies to buildings on lots along Boones Ferry Road.The maximum building height shall not exceed a plane that starts at the opposite street right- of-way and extends up toward the subject property at a 26.6 degree angle. (2) Public Sidewalk or Pathway.A minimum 12-ft.wide area for a public sidewalk or pathway consistent with Figure 50.05.007-V:Pedestrian Facilities and Streetscape Map shall be provided.This may be accomplished within the public right-of-way or within a public pedestrian access easement on private property adjacent to the right-of-way. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 269/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (3) Step Back Above Second Story.At locations designated on the Village Character Map,Figure 50.05.007-D,as Urban Streetfront Environment,or as Transitional Streetfront Environment—Campus Street Orientation and located within ten ft.of property line,stories above the second story shall be stepped back from the adjacent lower story facing a street by a minimum of eight ft.This standard is illustrated on Figure 50.05.007-G:Step Back Above Second Story. iii. Standards for Buildings Greater Than Three Stories Purpose:Ensure that residential uses and additional landscape buffering adjacent to low density residential zones are provided for buildings exceeding three stories. Any building with more than three stories shall comply with subsection 4.b.ii of this section and the following: (1) Residential Use Required Above Second Story Except for a public garage as identified in Figure 50.05.007-U:Parking Facilities and Access Coordination Map,all stories above the second story shall be used exclusively for residential dwelling units. (2) Requirements Adjacent to Low Density Residential Zones The following standards apply to lots adjacent to low density residential zones: (a) Screen Views from Upper Stories Landscaping shall be provided to screen views of adjacent low density residential property from upper stories.This shall be accomplished when the applicant provides graphic documentation such as site cross-sections or enhanced photos to demonstrate how proposed screening treatment effectively satisfies this requirement with consideration of distance and sight lines to and from adjacent low density residential property windows,decks and outdoor living spaces,and topography.Acceptable screening treatments include but are not limited to trees,shrubs,hedges,canopies,trellises,and a combination of these treatments.Trees,shrubs and hedges provided to satisfy this requirement must be of sufficient size to screen views within five years;trees must be a coniferous species expected to grow a minimum of two ft.per year to maturity.When provided as screening,landscaping shall be bonded for a period of three years. (b) Preserve Existing Trees and Features Existing trees adjacent to low density residential property shall be incorporated in the landscape plan to the extent practicable pursuant to LOC 50.05.007.6.e,Landscape Requirements.Where preservation of existing trees is not practicable,mitigation trees shall be planted in the landscape buffer abutting the low density residential zone. c. Lot Coverage and Floor Area Ratio(FAR) i. Floor Area Ratio(FAR) FAR restrictions do not apply within the LGVC Overlay. ii. Lot Coverage Lot coverage shall be permitted as set forth in Table 50.05.007-2 below and the provisions that follow: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 270/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.007-2:LOT COVERAGE Maximum Site Additional Lot Coverage Allowed for Site Lone Districts and Maximum Lot Coverage with All Amenities Village Transition Coverage Base Case Site Amenities Areas g Sustainability Provided Housing[1] Features GC 50%[2] 70% Up to 15% 5% OC,OC/R-3 30% 60% Up to 25% 5% NC/R-0,PF 40% 60% Up to 15% 5% R-0,R-3,R-5 40% 50% NA 10% VTA 1 40% 60% Up to 15%[1] 5% VTA2 40% 60% Upto15%[1] 5% VTA 3 40% 60% Up to 15%[1] 5% [1]Applies only when base zone is GC,OC,NC,NC/R-0,OC/R-3 or PF. [2]As identified in Figure 50.05.007-U:Parking Facilities and Access Coordination Map,the maximum lot coverage for a site where a public garage is the primary use is 75%. iii. Site Amenities—Lot Coverage Bonus Site amenities include at least one of the following: (1) Housing One sq.ft.of additional lot coverage up to the maximum amount listed in the housing column of Table 50.05.007-2 is permitted for every two sq.ft.of housing provided on site. (2) Sustainability Features If any two of the following sustainability features are provided,an additional five percent of lot coverage is allowed within GC,NC,OC and PF zones,and an additional ten percent of lot coverage is allowed within R-0,R-3 and R-5 zones: (a) Provide an ecoroof for 50%or more of the building roof area.As part of the conditions for approval,applicant shall execute a covenant ensuring installation in compliance with applicable building codes,preservation,maintenance,and replacement,if necessary,of the ecoroof. (b) Reduce heat islands through one or more of the following: (i) Provide shade(within five years)on at least 30%of nonroof impervious surfaces on the site,including parking lots,walkways,plazas,etc.;or (ii) Place 50%of the parking underground or within a lower level(s)of a structure;or (iii) Use Energy Star Roof compliant,high reflectivity and low emissivity roofing(initial reflectance of at least 0.65 and three-year aged reflectance of at least 0.5 when tested in accordance with ASTM E408)for a minimum of 75%of the roof surface. (c) Reduce potable water consumption by 50%over conventional means through use of captured rain and recycled site water for site irrigation. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 271/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (d) Reduce wastewater and potable water demand by employing strategies that in aggregate use 20% less water than the water use baseline calculated for the building(not including irrigation).Strategies may include use of high efficiency fixtures,dry fixtures such as composting toilets and waterless urinals,and use of treated stormwater and graywater for nonpotable applications. iv. Gathering Places—Lot Coverage Bonus On any lot where a Village Gathering Place is provided,lot coverage may be increased up to five percent in GC and OC zones without a Village Transition Area overlay,not to exceed maximums set forth in Table 50.05.007-2:Lot Coverage. [Cross-Reference:Village Gathering Places,LOC 50.05.007.7.c.ii;Easement,LOC 50.05.007.6.b.ii(2)(0.] v. Public Plaza Easements—Lot Coverage Calculation Property within a public plaza easement area may be included as lot area for compliance with lot coverage standards when a public plaza meeting the requirements set forth in LOC 50.05.007.5.i.ii is provided. vi. Sidewalk or Pathway Easements—Lot Coverage Calculation Property within a public easement for required sidewalk or pathway construction and maintenance may be included as lot area for compliance with lot coverage standards. d. Yard Setbacks Yard setback requirements apply at locations identified on Figure 50.05.007-J:Village Yard Setbacks Map.In case of a conflict with the standards set forth below,locations identified on the Village Yard Setbacks Map apply,with the exception of a public garage. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 272/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-J:Village Yard Setbacks Map , . •.I 11.1 —_ 1 ----r -- -- 1 1 id —/f RBP - OCrR— fe110/ � y�-. f P ' =� G __ K Nr.4 Oc ,= moc r 4/%„ _ 1]G 11 ,FL-7;i: -- -- .3 `•Tr' Ge'7 . I. ' &C. r -.• '—I r_ --- -- • 'lit\ t j � ] ram` 1 l 1-Imo'_-L_ _' I_L ,t.r c r�r rH4r �f` � \ \ \_ NIII al I I—i 1i - r. rt_, . - .-...a.a; Gan - r' 8-_�•I1 'I I R-,5 K '' Arr .n Ni 41 1 i sus .r', ,3y q;.S .f '[ R-5 i [t SNC�u.0 J GC y�• tR m1.. +i-r.. r I r uk /-i. I A ��=� 111� 1kg--u ,0111 r 1 qr.j. - ,t.;„ cc ViIkige Yarn!Setbacks Map _•h • .+�25' Bad*Lone adjacent to R..T-S and R-1Q1......11 r1 10' R4 Rtil,R- CC �,{:l v -I ", ,t '.20' I10 -art0' 1—1g} 5. Y VYAI vrA1 A2� VTA3 k - s,,. !A?F a.np]ea rglaaaJ:., VTAVres wnme PC a, `•`t >t y :.;yh°y+ Sc.K.a ZW.n.TreesiiT4 biar1 S&,S&wwnobu IIVn'(1A �° 4..a.ceymp.a under a unt.d rb plc' i4 7,,Fl \ _I. \ .20' Para Bneenru it E:n'I onmeta semsc.s - ] __ c x-`\ --` - _ ` l t-' k a=Bar.2o".Kx»r, i-G'a,a.x°ar DdaldI encla} The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 273/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Required yard setbacks are set forth in Table 50.05.007-3 below.Village yard setbacks are illustrated in Figure 50.05.007-J:Village Yard Setbacks Map. TABLE 50.05.007-3:VILLAGE YARD SETBACKS (LOCATIONS IDENTIFIED IN VILLAGE YARD SETBACKS MAP,FIGURE 50.05.0074) Applicability Required Setback(minimum distance) Base Zone Yard Setbacks Yard adjacent to other than R-7.5 or R-10:None Yard adjacent to R-7.5 or R-10:25 ft,except: • 10 ft.—surface parking • 30 ft.—public garage as identified in Figure 50.05.007-U:Parking GC,NC/R-0,OC,PF,OC/R-3 Facilities and Access Coordination Map • 5 ft.from southern line of the commercial area as described in LOC 50.05.007.6.f.v[ROW north of Sunset St.](no surface parking in setback) Front:10 ft. R-0,R-3,R-5 Rear:10 ft. Side:exterior wall:10 ft. Side:interior wall:0 ft. Village Transition Yard Setbacks[1] Front:20 ft. Rear:20 ft. VTA I Side:10 ft. GC,OC,NC,or PF abutting a GC,OC,NC,or PF zone without the VTA overlay:0 ft. Front:10 ft. Village Transition Areas(VTAs) Rear:10 ft. within 120 ft.of an abutting local VTA 2 Side:10 ft or collector street' GC,OC,NC,or PF abutting a GC,OC,NC,or PF zone without the VTA overlay:0 ft. Front:5 ft. Rear:5 ft. VTA 3 Side:5 ft. GC,OC,NC,or PF abutting a GC,OC,NC,or PF zone without the VTA overlay:0 ft. Park Streetfront Environment Setbacks Kruse Way and Boones Ferry Road at locations where Park Streetfront Front(at street):20 ft. Environment setbacks apply. Notes: [I]No yard setback is required between abutting lots that are subject to the Village Transition Area overlay when both lots are developed under a unified site plan. [Cross-Reference:Village Character Map,Figure 50.05.007-D;Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V.] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 274/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-K:Village Yard Setbacks Village Transition 5ethaoks Illustrated with No setback required between Waco Height Limit$prpylde tronallion Iran GC,4G NC or PF parcels with higher intensity commercial uses to tow 's- VTA overlay abutting OC,OC,NC or PF - daintily residential uses parcels without VIA overlay �,� - 1 I f o � fff • •>- R : 'ter s \ • �'i R-7.5 • C GC etc GC ,11 as _ate .— . C — — T�r. Collector Street loTT\ or-- ({f� Ai.s TTA ;,VTA3 GC • p ,,,, R-7rS' �]GC ;\GC ! GC - ' 1.� S . �� 4 t1 No setback required between ''..\,.'.---- 4�1-_--- i'•, 1.% ',V, abutting properties midi — VTA overlay developed under a unified site plan loot shown) i Local or Collector Street tILL.,. TA 2ip TA 3' . GC ITA GG 11, VGc + t } VTA seleqrlse lies to ▪ Jo ;.\4 h xucturasWithiu 120.or,i'-.11:iij J ` kt .N I local us Collector 6tre9t —x0-ry1 l }k k�t �' 3u t •+ S 1 k \ _ -' _5+ Iv- ; _3 \ 3a tt C VTA 2 y S▪ xf ) --^,. 't R-0 — i �: y'-�--~ • tw idrti Base Zone setback apples beyond 120' ti`-��q; - ti Irom an.hunlag Ixkl ar tolkcter girool \ \ram A• � � l e. Streetfront Environment Purpose:Ensure that buildings create a sense of enclosure along public streets. The following standards apply at locations identified on Figure 50.05.007-L:Streetfront Environment Map. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 275/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-L:Streetfront Environment Map / I ! - • ga; {r: 1 .Viz-rr+vat#y-rFh..�• G g Pr1A ' 1 i� • i� --- j! 3 .Pi.'' 1r .• t i ` ..4: GC f ,::' ri 13 3f L. -(1 .:. Jos• x t 1 1 1..,..i i.-....,_-...----- ,-r n'd w r ..!rf--.--- ---- _ 2 1 1'1 r 1 t 1 1 i iir7..?.- Y f. moo�."+:—'t4r1r' vax....ar R� 9 5 ' / q' . '1'., ..1 �fx ----.- " Streetfront Environment Map f } Lake Grove Y'ii.epe Cerr+.r o.eAq DisWct .�' s +�, 1 9traatFrast En nranmant Appuoa ex' ----I - e' GCVTAt VIA 2 VPA3 ,• .Y 5 x� `- NAL'eslgnelan applies Los pstiar of The pal pal ] GC Bast,Zone NmaSian t-_•2 LOW Oti'erlay District Boundary • IleMMi. COMrainad Sidewalk SPCliDflS- • Sea,adec1t a.caehon notes In LOG 60Ah.10P.9 ca.f1I .....e.�.-ram p Figure50.05.007-L i. Build-To Line The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 276/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Buildings shall be located to comply with the build-to line per Table 50.05.007-4 below,as illustrated in Figure 50.05.007-M:Build-To Line. (1) Notwithstanding permitted adjustments,buildings shall meet build-to line requirements set forth in Table 50.05.007-4 below.The build-to line standard is illustrated in Figure 50.05.007-M:Build-to Line. TABLE 50.05.007-4:BUILD-TO LINE STANDARDS Zone Districts and Village Frontage Conditions Build-To Line Transition Areas GC,NC/R-0,R-0,R-3,OC/R-3 All 10 ft. VTA 1 All 25 ft. VTA 2 All 20 ft. VTA 3 All 10 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 277/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-M:Build-To Line • 440 rYJ AdjustrneM for basting Toes R6 • 41-1 AdpsCnent[a 'f•r Fwhdc F� a - F (2) In case of a conflict with yard setback requirements in LOC 50.05.007.4.d,Yard Setbacks,build-to line standards apply. (3) If a parcel has more than two street frontages designated Streetfront Environment,the build-to line applies to two frontages only.On through lots where two street frontages are designated Streetfront Environment and only one building is proposed,the build-to line applies to the frontage to which the building is oriented.In all cases,the build-to line shall be met on the street with the highest street classification(i.e.,an arterial street over a local street)subject to Streetfront Environment standards as set forth in this section. (4) The build-to line may be changed as set forth below: (a) Up to ten ft.to protect any tree with a trunk diameter of at least six in.DBH. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 278/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) As necessary to accommodate a public plaza meeting the requirements set forth in Building Design,LOC 50.05.007.5.i.ii,Public Plaza. (c) As necessary to accommodate a Village Commons or Gathering Place in accordance with LOC 50.05.007.7.c. (d) As determined by the City Engineer to preserve existing trees and satisfy requirements set forth in LOC 50.05.007.6.b.i,50.05.007.6.b.ii(1)(c)through(e),and 50.05.007.6.b.ii(2)(a)through(I),Site Planning Standards. [Cross-Reference:Urban Streetfront Environment in the Special Requirements and Standards,LOC 50.05.007.6.b.ii(2)(b)and Village Character Map,Figure 50.05.007-D.] ii. Minimum Building Width at Street Frontage The minimum width of building required at the street shall be determined as a percentage of street frontage designated on the Streetfront Environment Map as follows: (1) Minimum building width at street frontage is the ratio of A to B expressed as a percentage where:A equals the width of the portion of the building(s)meeting the build-to line requirement,and B equals the length of the front lot line abutting the public right-of-way.Minimum building width at street frontage is illustrated in Figure 50.05.007-N:Minimum Building Width at Street Frontage. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 279/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-N:Minimum Building Width at Street Frontage MIi Imam Building Width at Bulld-to Linn ti ,. Minimum Steel FrontagesAiB VG r Ye } ns t A\-(0- i , . PY45C foam MithirneM far diiverAy 5 wakwAy 1 ;V (2) If a parcel has more than two street frontages designated Streetfront Environment,the minimum building width at street frontage requirement applies to two frontages only.On through lots where two street frontages are designated Streetfront Environment and only one building is proposed,the minimum building width at street frontage requirement applies to the frontage to which the building is oriented.In all cases,the minimum building width at street frontage shall be met on the street with the highest street classification(i.e.,an arterial street over a local street)subject to Storefront Environment standards set forth in this section. (3) Buildings shall meet minimum building width at street frontage requirements set forth in Table 50.05.007-5 below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 280/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.007-5:MINIMUM BUILDING WIDTH AT STREET FRONTAGE STANDARDS Zone Districts and Village Transition Minimum Building Width at Street Minimum Building Width at Street Areas(VTA) Frontage Frontage with Shared Access GC,OC/R-3—General Commercial 75% 60% NC/R-0—Neighborhood Commercial 60% 50% VTA 1 60% 50% VTA 2 60% 50% VTA 3 75% 60% (4) Exceptions to the minimum building width at street frontage requirement are allowed as follows: (a) Waived when a public plaza or outdoor dining/seating area is provided in accordance with LOC 50.05.007.5.i.ii,Public Plaza,or LOC 50.05.007.3.c.ii,Exception—Remodels Under 750 Sq.Ft.,or when the village commons or a gathering place is provided in accordance with LOC 50.05.007.7.c. (b) Reduced proportionally where a pedestrian walkway of not less than five ft.in width is provided along a driveway,or a driveway is required pursuant to City standards. iii. Minimum Height at Streetfront Purpose:Ensure buildings contribute to a sense of enclosure along the street by complying with Table 50.05.007-6:Minimum Height at Streetfront Standards.Minimum height standards are illustrated in Figure 50.05.007-0:Minimum Height Standards. TABLE 50.05.007-6:MINIMUM HEIGHT AT STREETFRONT STANDARDS Boones Ferry Road frontage 27 ft. All other street frontages 18 ft. Note:A minimum of 50%of the building width meeting the build-to requirement shall have a minimum depth of 20 ft.That portion of the building shall meet the minimum height requirements set forth in this table. [Cross-Reference:Standards set forth in LOC 50.05.007.4.b.ii(3),Step Back Above Second Story,may apply.] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 281/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-0:Minimum Height Standards Mmimuen Height at Street Frontage Tr -, ;. n5; L— . ' 16'mimf 18Idtdnn lerighti �IIIY4k �`$ 20'min.-1 ��1 .�{ r depth � aYtE�v r�i Section-Minimum Height al Village Cross-Streets i l a, min. A 27,m i0'IrYt 20'nl..—' f depth 'S'il -' &lit'' ' • Section-Minimum Height at Scones Forty Road • 11111("q#- .. , .de .. ji.„ 4 (Ord.2783,Amended,06/19/2018;Ord.2732,Amended,02/21/2017;Ord.2709,Amended,05/17/2016;Ord.2707, Amended,05/17/2016;Ord.2651,Amended,02/17/2015;Ord.2580,Amended,09/04/2012;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 282/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 5. BUILDING DESIGN STANDARDSRevised 4/23 a. Purpose The design standards in this section are intended to promote a variety of architectural styles,encourage pedestrian access and use of streets and gathering places,and foster compatibility with existing structures of good design and adjacent residential neighborhoods. b. Style and Character i. Design Diversity In order to avoid monotony of design in relation to surrounding development and create an eclectic mix of architectural styles and forms,no one dominant architectural style shall be repeated within 500 ft.of the site,as measured from either side of the site within the overlay. ii. Permitted Architectural Styles The permitted architectural style shall be provided in accordance with the Building Design Section of the Lake Grove Village Center Design Handbook.Until the adoption of the Lake Grove Village Center Design Handbook,permitted architectural styles within the district and its subareas are those set forth below as described in Architecture,Oregon Style,by R.Clark(Professional Book Center,Inc.,Portland,Oregon,1983): (1) Permitted throughout the village center:Italianate,Arts and Crafts/Art Nouveau,Oregon Rustic/National Park,Colonial/Georgian and Cape Cod. (2) Additional styles permitted in the GC zone without VTA overlay only:Italian Renaissance,Chicago School/Sullivanesque,Art Deco/Modem,and Richardsonian Romanesque. (3) Additional styles permitted in VTA 1,VTA 2 and VTA 3:Gothic Revival,Northwest Regional, Tudor/Jacobethan. (4) Additional styles permitted in VTA 1:Classic Revival,Second Empire(no mansard),Prairie School, Bungalow and Craftsman,and Colonial. iii. Composition Building components,such as windows,doors,eaves and parapets shall be of proper proportion and be placed in relationship to one another as determined by the architectural style of the building. c. Design Features i. Purpose The purpose of these standards is to create building and site designs that include complex massing,balanced composition of architectural forms and elements,and richly textured and visually engaging facades. ii. Plants and Architecture (1) Provide and integrate landscaping with architecture.This shall be accomplished by providing native or naturalized drought-tolerant vegetation in planters,borders,plazas,courtyards and in pots and/or planter boxes. (2) To help define a building's base and proportion relationships and create human-scale development, the landscape plan shall incorporate shrubs and tree species that will obtain a mature height of a minimum of 36 in.and 20 ft.,respectively. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 283/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Complementary Elements Design site amenities and building elements according to the permitted architectural style chosen for the building. d. Pedestrian Features Purpose:These standards facilitate pedestrian access and create viable pedestrian-scale streetscapes and public places inclusive of pedestrian ways,parking areas,interior courtyards and public and private outdoor areas designed to foster the comfort and enjoyment of pedestrians and other users. i. Orientation and Entrances (1) Buildings shall be located within 30 ft.of a public street.Buildings located on sites adjacent to one or more transit streets shall be located within 30 ft.of at least one transit street. (2) Buildings within 30 ft.of one or more public streets shall have a primary public entrance directly from at least one public street.Buildings located on sites adjacent to one or more transit streets shall have a primary public entrance directly from at least one transit street. (3) Exceptions are permitted where locating the building as set forth in this standard is prevented by topographic constraints,existing natural resources,or where,in multi-building complexes,the configuration of the lot prevents locating all buildings within 30 ft.of a public street. (4) Entries shall be sheltered and emphasized through the use of canopies,overhangs,awnings,or arcades. (5) Primary public entrances shall be accessed directly from a sidewalk adjacent to a public street or public plaza. ii. Walkways Walkways shall be continuous,direct and free of barriers such as poles or other obstructions. iii. Windows on Upper Stories (1) Upper stories shall provide a minimum of 30%fenestration. iv. Rain Protection (1) Rain protection shall be provided over windows and entrances facing a walkway,plaza or public sidewalk,except that rain protection is not required over ground floor windows on residential units or over required landscaping. (2) Rain protection shall consist of awnings,canopies or projections extending a minimum of four ft.or half the width of the sidewalk or walkway from face of window wall,whichever is greater,consistent with the architectural style of the proposed building. (3) Vinyl awnings are prohibited. v. Lighting Purpose:Exterior building lighting is intended to enhance the pedestrian environment as part of the architectural concept. Lighting shall comply with the following standards: (1) Lighting shall be shielded,directed downward,and designed to prevent glare on abutting properties. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 284/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (2) Buildings shall provide exterior,pedestrian-oriented building lighting along the ground floor.Along street-and public space-facing ground floors,lighting shall be installed at least every 30 ft.Pedestrian- oriented lighting may include sconce or gooseneck fixtures. (3) When ground floor architectural bays are provided,exterior ground floor building lighting shall be integrated into the sign frieze and/or into the column/pilaster/post of the ground floor architectural bays,as illustrated in Figure 50.06.001-0. e. Roofs i. Flat roofs are permitted only on buildings greater than 20 ft.in height. [Cross-Reference:Minimum Height at Streetfront,LOC 50.05.007.4.e.iii.] ii. Mansard roofs are prohibited. iii. Buildings shall be designed and constructed with roof angles,overhangs,flashings,and gutters to direct water away from the structure,pedestrian walkways and outdoor public places. f. Screening and Sound Buffering i. Mechanical equipment shall be screened from view.Rooftop mechanical equipment shall not be visible from any adjacent street,sidewalk or any open space adjacent to the proposed development.To accomplish this,rooftop equipment shall be screened by either a parapet or architectural screen that is at least as tall as the equipment,or by setting back the equipment from the roof edges sufficient to restrict views of the equipment. Solar or other renewable energy systems are exempt from this screening requirement,provided they meet the requirements in LOC 50.04.003.4.b.Other mechanical equipment located on site shall also be screened from view.Exception:the equipment may be placed underground. ii. Buildings and associated noise-generating equipment shall be designed and constructed to limit normal noise levels on adjacent residential property to 60 dBA as measured at the property line. g. Materials i. Prohibited Exterior Materials The following exterior materials are not allowed: (1) EIFS or other synthetic stucco material; (2) Metal and vinyl siding; (3) T-111 paneling; (4) Mirrored or tinted glass; (5) Standard form concrete block(not including split faced,colored or other block designs,which mimic stone,brick or other masonry); (6) Back-lighted fabrics; (7) Plastic and fiberglass except when used to replicate styles;or (8) Corrugated metal. ii. Roof Materials Except for flat roofs and ecoroofs,roof materials shall be limited to: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 285/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) Slate; (2) Tile; (3) Shakes or wood shingles;or (4) Synthetic materials(e.g.,concrete,pressed wood products,metal or other materials)that are designed to and do appear to be slate,tile,shake or wood shingles. Colors (1) Natural or subdued building color shall be used for expanses of exterior surfaces. (2) Bright or primary colors for entire walls or roofs shall not be allowed. (3) Bright accent colors shall be limited to trim. h. Special Design Standards within the Village Transition Area Purpose:Foster visual interest and compatibility between adjoining buildings through appropriate scale relationships within the Village Transition Area. The standards below apply within the Village Transition Area: i. Design Elements One or more of the following design elements shall be featured: (1) Balconies and/or dormers to provide distinct and separate areas. (2) Setting back parts of the facade to reduce the mass of large buildings or row of attached dwellings. (3) Dormers to break up roof expanses. ii. Facade Design Facades shall be broken down both horizontally and vertically through the use of one or more of the following design elements: (1) Recessed or projected entries and porches. (2) Combinations of roof gables and eaves facing on public sides of the building(s). (3) A minimum of 60%of all upper story windows shall be vertically oriented,with a minimum vertical to horizontal ratio of 1.5:1.This requirement applies to individual windows,as opposed to grouped window arrays. (4) Balconies. (5) Wall planes offset a minimum depth of two ft. [Cross-Reference:Village Transition Areas(VTA)Map,Figure 50.05.007-B.] i. Urban Village Design Areas Purpose:Promote scale and design features appropriate to a street orientation within the Urban Village Design Area. The following standards apply to lots designated Urban Village on Figure 50.05.007-D:Village Character Map. i. Side and Rear Wall Planes The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 286/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS A side or rear facade greater than 750 sq.ft.in area must be divided into distinct wall planes of 750 sq.ft.or less,resulting in a change in plane surface which projects or recedes at least two ft.from the abutting plane,for a length of at least six ft. Exception:A public garage,per Figure 50.05.007-U:Parking Facilities and Access Coordination Map,may use vertical landscaping and/or architectural detailing as a facade treatment to create the distinct wall planes. The landscaping or detailing must be a minimum of six ft.in width and create distinct wall area(s)of not more than 750 sq.ft.If vertical landscaping is utilized,the structure must be set back from the property line by a minimum of five ft.to provide sufficient planting area. ii. Public Plaza A public plaza may be provided as set forth below and illustrated in Figure 50.05.007-P:Public Plazas: (1) The public plaza shall abut the public right-of-way. (2) Buildings shall front on the public plaza with windows and entrances facing the plaza. (3) The plaza shall be a minimum of 500 sq.ft.in size and shall have an open area with dimensions adequate for inscribing a 13-ft.diameter circle.No plaza dimension shall be less than ten ft. (4) The public plaza shall be primarily hardscape and incorporate small unit pavers or concrete scoring based on a maximum two ft.by two ft.unit.Trees and plants shall be provided in planting beds,raised planters or pots.One seat shall be provided for every 75 sq.ft.of plaza area. (5) Easement:A public easement shall be granted for public plaza use prior to issuance of the permit;the property owner shall furnish documentation of agreement to defend,indemnify and hold harmless the City,its officers and employees,from any claims for damages to property or injury due to the acts or omissions of the owner to the satisfaction of the City Manager.Prior to the issuance of the permit,the property owner shall furnish documentation of general liability insurance of not less than $2,000,000/$3,000,000(2016 amount)or greater amounts as indexed in manner provided by ORS 30.272(4),unless lesser amounts accepted by the City Manager. [Cross-Reference:Urban Streetfront Environment,Public Plaza,LOC 50.05.007.5.i.iv.] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 287/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-P:Public Plazas Indkales area I eellnq plaza minimum dimensIGn e'b+egb � requirements.Examples ............... — --•----L_____R----1_3, _ illustrate minimum plaza Y: areaaf5l}gsq-la. y,�„m, •, f. ;* {approximate scale'1"=4¢1 1 Ain:500 fq.8 lint IMF Huidm 4 ' ��, _' rtinimu mY'rafa MiN�hYm Plea —hoes not Sued DImensims Area VI sq.A. Sep sq.it minimum ptaae arse raquiriminl Plaza at Angled lot % Miramar Plata 1 Crams ions 44_ ' imam I L\a ✓ Snol s' lfmlmnm Plea Ara:Kt sq.ft Side Plaza t f / :f 11 ,- Minimal Plata r, 6imansionone K iL Mlnmum RaW 3. Area:Sib sq.ft. eOIslmli. CO M Plaza in. Urban Village Standards for Buildings Exceeding 35 Ft.or Two and One-Half Stories Purpose:Ensure taller buildings contribute appropriately to village scale and character. The following standards apply to buildings exceeding 35 ft.or two and one-half stories at locations designated Urban Village on Figure 50.05.007-D:Village Character Map. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 288/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-Q:[Reserved] (1) Design Features A minimum of two of the following design features are required.(Desired design features are to be illustrated in the Building Design section of the Lake Grove Village Center Design Handbook.) (a) A primary roof with a minimum six-to-12 slope that slopes up and away from any abutting street. Secondary roof forms or architectural features such as dormers or bays may form gables facing the street.This requirement is illustrated in Figure 50.05.007-R:Roof Design. Figure 50.05.007-R:Roof Design Priem),lad awe= 4 5' `x 4 ICI �I k __ r17 &Niel !Ada Elovalwan Nay ask& Barrier sail. Parse Ikea kegs area{ axrrAi-Dal :56:cad,loot h:1746c4 a or-413ii� «airlrlra,izE FITICA Strata kauM Irxiei «as . 'III ■ 1r :N�� Iri.Fail 1111 ME 817eci Elevatkm (b) To create the perception of depth and establish a human scale,upper story facades shall incorporate true windows,transparent balconies or entries to balconies or terraces. (c) A public plaza meeting the requirements of LOC 50.05.007.5.i.ii,Public Plaza;provided,that the plaza is not less than 4%of the lot area or 500 sq.ft.,whichever is greater. iv. Storefront Window Purpose:These standards provide a storefront appearance on the ground floor and maximize the opportunity for window shopping. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 289/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS The following standards apply to commercial development at Urban Streetfront Environment locations designated as Storefront Window Boones Ferry Road and Storefront Window Village Cross Street on the Village Character Map,Figure 50.05.007-D:Village Character Map. (1) Awnings,signs,and lights shall be designed to define first floor retail frontage. (2) A break in wall planes,awning or canopy construction shall occur at intervals not to exceed 25 ft.as shown in Figure 50.05.007-S:Awnings. Figure 50.05.007-S:Awnings r') : ::.ems" • q ].„? 3 "NENE. I �� ► 1 11, - A. (3) A minimum of 65%of the exterior ground floor facade that is at or within the build-to line or abutting public plazas shall be designed as storefront with windows and entry features. (4) The bottom edge of windows abutting the street frontage and public plazas shall be constructed no more than 30 in.above and no less than 12 in.above grade. [Cross-Reference:Urban Streetfront Environment,Public Plaza,LOC 50.05.007.5.i.iv.] j. Village Campus Design Areas Purpose:Village Campus standards prevent smooth,undifferentiated facades and promote building scale and articulation appropriate for development in a context where buildings are set back from the street.Buildings may be set back from the street to create a desired character as set forth in the Transitional Streetfront Environment and Park Streetfront Environment.Existing site conditions may call for flexibility in building location to preserve natural features including trees,riparian areas,and topography,and to accommodate curved or limited street frontage or large through-lots adjacent to Kruse Way. The following standards apply on lots designated Village Campus on the Village Character Map,Figure 50.05.007- D:Village Character Map. i. Offset Architectural Elements Building facades shall be designed to reference the rhythm of structural elements by offsetting bays,projecting columns,recessing windows,or providing a combination of two of these features.The minimum depth for offset structural elements shall be 18 in.for a minimum width of 18 in. ii. Base,Middle and Top Building facades shall be designed to reference a human scale by providing a tripartite facade division with an identifiable base,middle and top. iii. Significant Shadows The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 290/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Building facades shall be designed to create significant shadows.Two or more architectural features exhibiting a minimum depth of 12 in.shall be employed.Architectural features may include,and are not limited to,the following: (1) Bays, (2) Columns, (3) Recessed windows, (4) Eaves, (5) Cornices, (6) Awnings, (7) Balconies, (8) Trellises, (9) Window boxes,and (10) Articulated building base. (Ord.2909,Amended,02/07/2023;Ord.2832,Amended,01/07/2020;Ord.2732,Amended,02/21/2017;Ord.2709, Amended,05/17/2016;Ord.2707,Amended,05/17/2016;Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 6. SITE PLANNING STANDARDS a. Purpose The site planning standards in this section ensure: i. Enhanced safety,convenience and attractiveness for walking,transit use and bicycling; ii. Safe access to businesses and minimizing pedestrian conflicts through driveway consolidation over time; iii. Redevelopment and growth potential through shared off-street parking arrangements; iv. Village identity based on the conservation and promotion of large-scale native trees such as Douglas fir and unified landscape and streetscape elements; v. Buffering of low density residential neighborhoods from abutting dissimilar uses;and vi. An attractive,quality environment to foster community pride and attract desired development and uses. b. Streets,Circulation,and Pedestrian System Purpose:Development shall occur in a manner to ensure the phased construction of the planned circulation and access system and in no circumstance shall prevent the development of a cohesive access and circulation system. i. Transportation System Maps Streets,alleys,traffic controls,crossings,pedestrian,bike and transit facilities,parking facilities and access shall be provided and developed in accordance with the following: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 291/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) Figure 50.05.007-T:Street Network Map; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 292/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-T:Street Network Map fr` -r i rill— ) ril r .., / i L { it .17 .r.---:-..-.: 1. ; : v->':,,,414171 14011. • �_ ,yam -_.,ALA.; `illi= kii ,. -- aril' . : . . L. _ rat NEIRIIII ) - ffilimkm. r: nil.:.. . .ar killifilirial !awl IIIP2 in a ..,,,.. „ix ilidatii ill pr s. 1111r44 ItiLbgarl it vilui: entilrik . . ssilmetit ..,. ir.., ..,. sico., itsti ,,,._.,„..,, iirdipplisik_ 11,6,0 . ,„.101„,k_--,---- '.... 1§1,\ slip as-, p Street Network Ma iwIIat- - L rrnve Ne[enmork rk a Ex.st.nrg 5icmal . 4rW poseo_ancscaped A Prop,met6 sicna l ill! PYOpP5Od I destti�fn .'-+. Grua& 411.11110-1 � � r,,ataaer F¢awna LGYG Overlay pistrlct ' BvllfYd3fY .. ,ea ni M i�E,i �.tn '1 A more:aba rotas rvnnn`aror vrrceR+w P 1.6, mp:w'ruxµc aap¢fedk m�qs}Fn W�w1 anIDWowpry aW A�wY avaytc4. ,a,. Figure 50,05.007-T (2) Figure 50.05.007-U:Parking Facilities and Access Coordination Map; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 293/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-U:Parking Facilities and Access Coordination Map 7 E to=4/"I --___________71. in ry k �\ ,,Borth Area II t4 ■ Parking Lai/Facility - • r.f ILI 111 ' adNI/WI Acn» i•1,a rth Il li►� T �� ►d r a~' 1• r � l .. ". �.17111 I � ;_; - '.r . " ''--1�-r J� 1 CxuPukbt LoI Eacilte r. . I llJ __ and Ra7add Ammo • '�J n Cti S. .. ua.i61w . r ?L�l{'.p I , fi —,-- South I • �' rr2' ,'1 y Parking Lotffinilily and R.lalad Amps,. .em n.:...• •F`r.:•=_ :i OS--n fir ,i _5 Parking Facilities and Access Coordination Map Act*.Ceenalnsllen lira•Cee rdntl.d e[u re.u.ss ne t.e .b! • R' '.r y� Act*.1,,vwrra mr.rt rid dbfirmAmm n1k.r. .imn perlmn9 F. Q ... y aec.as le Beans F.Ir5 Read lmslgiuB[ae ne.ens xry d.x[ - ®' - t .% ❑:Wac FfLng LCYFxgyiR...ATOP•R4nc M.I.,rycaga • .� erdrWl.d....I.l.Pre'•SHWlr'n eaen enln.rIN....rvK. • .r� j��'... ®....qa.. •...wa,a IIII R.ce.wF.e..m..cross., m r9nx.rodew.• 1-_,"A.M.Om.Pwror. belitie.rd.am m..•d r.WrW ePm.r WIRWae.Garage (3) Figure 50.05.007-V:Pedestrian Facilities and Streetscape Map; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 294/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-V:Pedestrian Facilities and Streetscape Map /- T-1_7 Lii 7----/ .1' 17M-1 — .(j , - _ ---=1------,J1—______ 2.5.• "L.-1/4,„ if __ ,, A: %.,, h� n,o re Fyn iif14.\- rn t 406. ilk;ARM 3 _ MI6 lit III 111 !. t . W. i ell.,ffr , 5 isl.e_,i •,L—)T..i_- .......-: al k .i :.-.. • ••.,..1a.Brea . _ ,,,, ,.. ,. ._ ,_In . -1 ,:: ,. „ .. LI :,i, I .i. _ ' ....., . 4.4. ,7,41.-roisk 1._r_.. 71. 1 . Pill #,......0 . Pedestrian Faeiiiibes& ■! • Streetscape Map _ •. ...40,,, .�■.■ 4l fvxrsrnv.rnrate ceMer=PrIn.. e one eva,mwa Erxvo.nnn ..a., �..a5.. `JP -r ..tea. w,«- a.dw w.H. %•: -- .. Tag 5mrtorm i • -'''Fz„.R..•.m mi. My/,El.'n.1 ,I.3rvAlro a Sa.A.oir.. iY r...4,. a.. Ft..., `nma r„5, lilt c lig ..m... O wN9Mris••••L •T•u,C3u If .. „ Figure 50.05.007-V (4) Figure 50.05.007-W:Bike Facilities Map;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 295/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-W:Bike Facilities Map 4 e,....,?=ii-11.- jf_LlyI Aitki. AN ''''''''. "Abil---------------if ti-may* e ��i1 V - r. 111-3 7 11 Lee: A Uhl IOW-Elk 1�� _ rnlltail MINN 1.011,10 ■ Eli II �, Eli bill AI ilman N mi Ai Mr 111111P . it r II lirAM i1n1 1n)i--- ptV"ili.dot s• e kiii J� wip pli. 40. , ,.,,, 'Pd!I1! i1 Bike Facilities Map eo...G re nIP6oCtmz\I ost.. ....f.k........ 114,___Ii. * wnNy PIMkI _R.P-',.m-i l rcc ,aoxwc ltip nnde hei wn.mac::.�s „AA* AAP _Em09 G4r:ms11* Ytl�ldsed+i0'. ' •..E E'5 wur: , !07.*•triw rnn0cv+...• lip pii Of SiO Cmsrea701.1x:2.1q IBM TSPRwond BlecnOa . L- ?timy,Ctrstr RMvervry (5) Figure 50.05.007-X:Transit Map. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 296/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-X:Transit Map ,,„'› 7::)---- ---'-'44 & o...)1) 41 ------. ..**: H i ..„ lov... . . ',....,...Lii 1.._.._.,...Z4,..1- 1114 t M � 1 i ' , rui u it v ■� �r�lx�r► 11 , mem 'm1 1111 ` L J1 A , 1 p! . Fri 1 ___. ,-1 r., ..r.. MA t 4.tallo =• �L_ ii,w■ !Ai IF . 1140 Ilyr I. 5 V .-- .1 .-, . IP ilk* Transit Alfa p ..1:.'• .lki .,..0 $14 lli M�e.Y9N rl,..geF�yF.w �•Mllyni uM p.lz.,_ 111,....0( • rif,DA Fin bs.V.,. - ill ili Oil \111L. . V k..==, I....~,va Au AymniNwlmcncsti I.__I u�:dii F...•a.. ..y F1yFpq 50.05.1107-X ii. Design Standards Design treatment for auto,bike and pedestrian facilities shall be in accordance with minimum standards set forth in LOC Article 42.03,Street Design Standards,LOC Article 42.08,Sidewalks,and with the standards below at applicable locations. (1) Generally Applicable Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 297/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS The following design standards shall be generally applicable. (a) Street sections,below,illustrate streetscape standards for locations designated Storefront Window on Boones Ferry Road; (b) Final street section features,dimensions and required right-of-way to be determined by City Engineer; (c) Boones Ferry Typical Mid-Block Street Section; Figure 50.05.007-Y:Boones Ferry Typical Mid-Block Street Section iT.---s 1 .... i..si-.6c,:a a a �r }It 11y 6'mn.' 'd3'min,yid[walk regrsed for danakllf6 �[ irk H imp Ned. Trar� IV Olio Skiexalk 15�1�1r1 exu�atrlg 35 in height a� Lau Lae Lana Lace Lori: [ sr Recomme�aad Ikon Ferny Road1,4m416Wei Foal street whim feetires.dmersra at MOO right-ckrep U be deleineed 6y(71y Engieer. On-atreet Parking Option Os-sueet Parkeg shown at ollesideofE3oones Ferry Road ]' ..-- ' . i..,..., 4:i b1 n5 11t )1L �[ ,4 i T� l'ic ..L 9'mh' '12'min. ex9lk r9puFsdfOr SiCfxels e9 Na rrarel Tqa dwarf Lane L Lau Side L puddings exceeding35'inheight Lana Farm 62'RenQnrended Imonas Ferry Road FdgheaT Saw (d) Boones Ferry Typical Signalized Intersection Street Section;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 298/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-Z:Boones Ferry Typical Signalized Intersection Street Section _I : . tt.._... ..,. ,c. k ----- . .. --- -- - Itde �t 7II * ti It rlt ikx k • N . Tlove'' T Vied 1I TlllI seeRne arre Lane ic a 17 min.sideixalk raqured fel M 92'Remmmerded-OarnnIwet me}ne requredfurkrn tne' buildingsesoeedng 35 in the it Soo-nes„er.y Roc Right-ut-Way 'Final stamina-Gmksluan dmauossand refired dg8dwaytotedelenrinedlgQly Engineer (e) Village Cross Street Section at Transition to Boones Ferry Road. Figure 50.05.007-AA:Village Cross Street Section at Transition to Boones Ferry Road ifli j--- . -——1L5 I-1"a..':'..•;3"1' F'mii. ,I. `I. i4 YJ 8 all bu dirm sidewalk wired for S&legal Ta PsrralrrdLatekTrui!L390 Parking IJesnk g excee6N136 50+l_ Gass Sreet ROW (2) Map Specific Locations (a) The Pedestrian Walkway standard,Figure 50.05.007-BB:Pedestrian Walkway,applies at locations identified on Figure 50.05.007-T:Street Network Map or Figure 50.05.007-V:Pedestrian Facilities and Streetscape Map.Final features,dimensions and required easement or right-of-way to be determined by City Engineer. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 299/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-BB:Pedestrian Walkway rl 1 1 e 0 r �. r' tl i 4° ¢4:1 • yl { _5 H*' I 6w.sA� t'-1H ea iar 4,ar.&bnl5eepiy fie tauesd+anu ssr.o eansrtu 'FmiiTlhn dmurer inirmled1nw*.1p Welitr#51 he etielmmedt Ai Fnpw. i a{,m k bteklitrrileil N. EOM'. ill I I . I I I:W4:1;:i4 /'... • ate¢ 1 . — t . 7... . Tr . 1 e i 1 Pedestrian Walkway Pedestrian Walkway Meandering Path Option Urban Sidewalk Option (b) Urban Streetfront Environment The following standards apply to locations designated Urban Streetfront Environment on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V.Final features,dimensions and required right-of-way to be determined by City Engineer. (i) Storefront Window Streetscape Sidewalks and streetscape elements shall be provided as set forth in design standards for Storefront Window Streetscape,Figure 50.05.007-CC,below,and in the Lake Grove Village Center Design Handbook.Until the adoption of the Lake Grove Village Center Design Handbook,equivalent standards of the West Lake Grove Design District shall apply. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 300/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-CC:Storefront Window Streetscape Fkaliea6xcs,dmeasisnsand requved 101 -sti'IIhedeterminedbyclEnginti Storefront Window Storefront Window Storefront Window Oconee Ferry Road Eoones Ferry Read Village Cross•Street On-Street parking Option P\ r3 r . .`l+ ' j Lam" I II, ri 0'.. ci.., • t,i --40.--.. l ___i Pdfkilg I I ••-- f4tllir{slven &'min Acire k L kfrOfrinfdtil '-L 1 k >�! i 4 t e Si�dewak-" '12'mks sidewalk rewiral tar be/dings enu 5 is 35'in losiyisl gai . %.1 irk . - - PoiCanta b}am '.Q•, fir= adept 1 --ANIL n �. :crm?3=.ik3edL E• �-1 coon sek li _ Vreal*RunA g -*1I ' skei!liitt Nue 1 '• &setFmide •i Bred:il'ruK - — _ _.. r Ipendsa- - Sx^'aa +' *MTh., /; Tamtree irii. tsnd TM ilr -+ r 1� 4 -{ L •r 1. (ii) Storefront Sidewalk Zone Requirements TABLE 50.05.007-7:STOREFRONT SIDEWALK ZONE REQUIREMENTS Location Sidewalk Width Pedestrian Through Zone Street Tree Stormwater Planting/Furmture Zone Boones Ferry Road 12 ft. 6 ft.min. 4 ft.-6 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 301/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.007-7:STOREFRONT SIDEWALK ZONE REQUIREMENTS Location Sidewalk Width Pedestrian Through Zone Street Tree Stormwater Planting/Furniture Zone Boones Ferry Road 9 ft. 5 ft.6 in.min. 3 ft.6 in. Village Cross Street 8 ft. 4 ft.—5 ft.min. 3 ft.—4 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 302/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-DD:Storefront Sidewalk Zone Requirements Pedestrian Thru Zone The Pedestrian Thru Zone is the area of the sidewalk w lere pedestrians can pass Final features,dimensions and required through without obstructions side-by-side. right•of•way to be determined byCity Engineer Furnishinglatormwater Planter Zone Boones Ferry Road 12'Sidewalk 1 , The FumishingfStorrnwater Planter Zone r n is the space along the length of the sidewalk (� for elements encouraging pedestrian use II of the right-of-way. Such elements include landscaping including street trees and storrnwater, 4i planters,lighting,benches, bike racks and 4, , Irr transit shelters_ In all pervious areas,landscaping must be soft(grass or ground-cover).Vertical r elements such as"loading zone"signs, l f permanently located in the Fumishind Zone }� li must be set back 18"from the curb. -_it .rf, .terra- 1.0,R1 ,, - A.D.A.Requirements Curb ramps access routes,warning strips,etc., 14 6'rni9. i 4'to0 > must conform with the requirements of the Pedeslran sneer Tree' Americans with Disabilities Act as determined Thni zone SmrrnwaterPtamin' by the City Engineer. FumiEure erne Village Cross Street Bones Ferry Road 8'Sidewalk 9'Sidewalk • 1 k? 14 f‘I ' . C5 t Z I ' A ri c i r �Ij i �s—� I i;. 1 _f f: 1� 1 r . II k 4'1o5' HS $-4 ,i I, 3'•6•rrim. ,It 3-6,1 Pedes4ian Fumitdrel Pedeten Stree!Tree. Thru Zone Swill Tree Fore Rim zone Starmwanir Pori gr Fumiare tone (iii) Urban Street Orientation Streetscape The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 303/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS At street frontage locations designated as Urban Street or Urban Street Meandering Path on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V,sidewalks and streetscape elements shall be provided as set forth in design standards for Urban Street Orientation Streetscape,Figure 50.05.007-EE,and the Lake Grove Village Center Design Handbook.Until the adoption of the Lake Grove Village Center Design Handbook,equivalent standards of the West Lake Grove Design District shall apply. Figure 50.05.007-EE:Urban Street Orientation Streetscape Urban Street Mau Street Meandering Path VTA 2 MI'setback)or VEA 3 R5'setback) VTA I (20'setback) tt : '\-\:-''\" . "s'-1 a � �Yf1' y, 6 a some lrm x ,oeuuaa � rrtra� swvN Sxt+auTre!s "12 mm.&I:Iwolk requred tar 4uhkgs exuesing 31'n1114,1 [a sive •-ig...:... MI' . •,•LSea3 'Sdetik aT.: '$Aswan>.••. 6Bbxk sot Simmer iculNuli ibAr4 ___'.1-----,. Ifit , --:'-q -. - . go..._•.\ ..- , -\, • k fr ,fir,-,,,,__I I . .._. ... ,_— •.-- - —..i. IN 111174 - kW lk liV,. 'eriPlOpM .A1'. ',-.. III t r ,. - -, 7: . ... .- . ... .i:• , ._,.., . .c4.4 . ...„ . ,._ _. [Cross-Reference:Urban Streetfront Environment,LOC 50.05.007.6.b.ii(2)(b).] (c) Transitional Streetfront Environment The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 304/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS At street frontage locations designated Campus Street Orientation on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V,sidewalks and streetscape elements shall be provided as set forth in design standards for Campus Street Orientation Streetscape,Figure 50.05.007-FF,and the Lake Grove Village Center Design Handbook.Until the adoption of the Lake Grove Village Center Design Handbook,streetscape elements are subject to approval by the review authority. Figure 50.05.007-FF:Campus Street Orientation Streetscape Campus Street Orientation Campus Steil orientation Bending lc ated al atreallranl tiulding set pack from streetkont urs,4ing Leaesl WAMg. 3C 4 9P..-no parking nenrrrod n O O r .i LS r I _ 11111 Jy 4 .8.57' r• 1L3W5 arty 9dexera a-occra Nea " 9 min.sir +atk/a-dscape area required aillmrres Ferry Road B'min sldewakiandscape area required al o-essslreetattrsr. to In Dories Fen)etvad 17 mh aldowaltiandstate area required tar bulldings exuaadurp 37'In helglrl ra" sd.Pa3 oedreena4I4l'S tra pit.]pe.�al!te] II .•.r•-.,I .' . ti: ;-''''-'ll., II., l'''-': ;# fill: Nii �I, . `°Cm°a1'.parie 111: rewnmdn .. Z!. C.auMtasarn4 ii!!HI Otl� rFIgliValiti yam, . [Cross-Reference:Transitional Streetfront Environment,LOC 50.05.007.7.d.] (d) Park Streetfront Environment The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 305/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS The following standards apply to locations designated Park Streetfront Environment on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V. (i) Park Lane Streetscape Sidewalk and streetscape elements shall be provided as set forth in design standards for Park Lane Streetscape,Figure 50.05.007-GG,and the Lake Grove Village Center Design Handbook. Until the adoption of the Lake Grove Village Center Design Handbook,streetscape elements are subject to approval by the review authority. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 306/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-GG:Park Lane Streetscape Flnrl M#raa.d1.auis and rWca rxjni-dray ns hr demurred bt rrEegoxr � I4.>uy lwot��ur�� mezer :0--- rs ''11,7nNJstliq m�Lre liegej —1. L.._ • ' r4Y ra dDdY�E ai 19�AK�!.• IS 1 r .+ r • JJ +r J 1i'r 4, •' i 3'GsmPWConte\[� c,- ii y' . r dtsarolledirr �;.-■ ^J� Y . � `'l��,e:•p, d r i i�,, lP9,kY9 fOl7 WoenreS 4.11 I PatMiN n.a adrbnp Yap. 20-min. .x Vari0 y{ Id 20'mu. } 9mokay+N'e9rape W R9.1v3s'SK!i}'i:W F.FSasoe a a NM1sI ol-ends*1M/4?a II B t 1„ - ' r - - Palfiwd ' ':I�lsn-�rmen seas •'#A +acu F n pa+49 ran, f .1 —I '/..le 1 7'--ig 61. . 1,11.. cm. ..... . tf1 . .., 6 :'.. • •I Enrtey maws tmt n R— p Iwo rcotapdy alaatcro..1 Prtroe•Zieestr..mtetic•,171e Flha5 I. :— : v.h 4 %wed sperm Alan (ii) Crossroads Gateway Streetscape Sidewalks and streetscape elements shall be provided as set forth in design standards for Crossroads Gateway,Figure 50.05.007-HH,and the Lake Grove Village Center Design Handbook.Until the adoption of the Lake Grove Village Center Design Handbook,streetscape elements are subject to approval by the review authority. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 307/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.007-HH:Crossroads Gateway Streetscape ri110 reatres,dimnsicas and required righi-oNray to be determined by City Engineer i\-.A6tr.e win ree ,'-7. . - • _.....,, ..•-•••. -. „..... , ... . •.;- ' •'''E%:,i.. _ , , •,-,----•,-EdstN meure tzte '--, ,-,..10 r+1-13tEr...155ESt-tetTret Af-1, .""-.,__•--'." Z re- ' r'•Onirnsin 7.0'on DM, • ' '' - - ' '. ,, -...... , 4C-:'.F. ' -*I.'\ • -_,..'' 4 :It' ' -- ' .--**,-ti, ,•••'-'1"..'-`,,T, .•. ;.r ..-..,L:. _ • -44..., 5„ti•Ktughtwn P..: . ci. f•re . ::-.._,• -. -;-.....1 ••:-.)iloerer bothEt i.,.e.,..'.•...,:.: r---Ii• •_„et_.".0.4_._11,..21,,.. ta' Pi. ' ' _.... . 4668 jit it Mill. ;18:1'il H 'kap.uyS-ecKs lbscis dub to bask Gr cab'. Sos....ani iwidstrareke-ii Laroscap•ckea 2'0 r V elt.,'S 20' A h A h il Y SatLdork Kruse11.*ROW {lotalchuagOi) III_lo%.6.1 Kruse Way Typical Section, Boone Ferny Road similar-adapt to constrained areas at East} .,- • ..? .. -0 . 1 '... I rrzilag at-i.. i . • 1 •• ..._ • •:, -,', . . -••'''t- ,-, ,, ' .::•-•' 34) . _:•%.... -, IF: •Z" •-.' .1 •..../?-;'••_.., _ . ;.‘;.7:. .,,,,$•.7.-' . ., • :, •--.• • ' .! .-h.---' 7.• ..Cd''' '•41.--4 :. ' c' /fa&Ni.Koiem'•- , • '... - • ,_ ' &lot Wall - midi reafatd lot. - •-- . . —- ,ix__,,woda.b.s.re ...54574.0 Ac.--)7f .-5. 7- ..- -.•' .- . - > ',. 4 114 9 1-4 5-5 T i --;„ ._• I I M3*14-"1 I fia.s.alt k'o.al' &mak Iltrl. Nle-e(25545:1 light - k v... a.-111-1)."-- l'.-- •••-15- r....-..e4-•,-p-a: ' ffl,•ra Typical Won-Siciewallikandscape Area Typical Plan-Sidewalklandscape Area Mimi/ley/Scones Ferry Road Kruse Way I Boones Ferry Road 00 Campus Woods Streetscape Sidewalks and streetscape elements shall be provided as set forth in design standards for Campus Woods Streetscape,Figure 50.05.007-11,and the Lake Grove Village Center Design The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 308/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Handbook.Until the adoption of the Lake Grove Village Center Design Handbook,streetscape elements are subject to approval by the review authority. Figure 50.05.007-II:Campus Woods Streetscape Final leatwss,dimensions and required right-DI4ay to be determined by CBy Engineer 21;:::\ i14 1 14IZ.•W lI '+ I- r r~ t' l ? III* � i 1 '.- &IL:\ A -Pli l 4 .,..-'3 Nr li \ 1 .• -�l f it 'fir r ��� I I i. 4 1 No 9'nln. A• n, I 1� Patopyhan�mps Sra3 I`btOLk 6f urti 7f]'RRl H-nivoe',ran patIMMantsmcprna 02r,sr_m Section Plan [Cross-Reference:Park Streetfront Environment,LOC 50.05.007.7.e.] (e) Sidewalks and Pathways Continuous and connecting hard-surface pedestrian sidewalks and pathways shall be provided in accordance with the locations,designs and widths identified in this section. (f) Easement A public easement of sufficient size for required sidewalk or pathway construction and maintenance shall be provided as needed. (g) Driveways The number of access points on Boones Ferry Road shall be reduced through the consolidation of driveways as follows: (i) Driveway spacing shall not be less than 150 ft.when a center median is present.If a center median is not present,driveway spacing shall not be less than 300 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 309/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (ii) The location of consolidated access shall be determined by the review authority based upon consideration of the following factors: (A) The Street Network Map,Figure 50.05.007-T; (B) The Parking Facilities and Access Coordination Map,Figure 50.05.007-U; (C) The ability to serve multiple lots and unified sites; (D) Traffic safety and operational characteristics;and (E) Any approved access master plan for abutting lots and unified sites. (iii) Property owners shall construct the consolidated driveway at the time of development,or execute a recordable covenant to share in the cost of the consolidated driveway at such future time when sufficient land area is developed to make driveway consolidation practical. (iv) The reviewing authority may approve interim individual driveway access to Boones Ferry Road when circumstances on abutting lots prevent driveway consolidation. (v) When abutting lots develop and the location of the permanent shared access is not the same location as the interim access,the interim driveway shall be abandoned and the area landscaped or otherwise integrated into the design of the subject site under the provisions of this section and other applicable Lake Oswego codes,standards and regulations.Landscaping to be provided within abandoned driveway may be counted toward minimum site landscaping requirements. (vi) Driveway consolidation shall require the execution of reciprocal,nonrevocable easements in a form necessary to ensure unimpeded property access and driveway maintenance. Exception—Lake Grove Elementary School:This subsection 6.b.ii(2)(g)(vi)applies to the Lake Grove Elementary School site only when the development and uses are not for a public school. (h) Abutting Parking Facilities Connections Driveways and parking aisles shall be designed to create connections to abutting commercially zoned parking facilities within the Lake Grove Village Overlay District when practicable.If a vehicular connection cannot be obtained,an attempt shall be made to obtain a pedestrian connection in an access easement.If the connection reduces landscaping below the minimum required on the abutting property, the area of the connection may be counted towards that requirement as"hardscape."If the abutting property owner is unable or unwilling to provide the vehicular or pedestrian connection,it may be temporarily postponed in accordance with subsection 6.b.ii(2)(i)of this section.The location of access connections shall be based on the Parking Facilities and Access Coordination Map,Figure 50.05.007- U. Exception—Lake Grove Elementary School:This subsection 6.b.ii(2)(h)applies to the Lake Grove Elementary School site only when the development and uses are not for a public school. [Cross-Reference:LOC 50.05.007.6.c,Parking.] (i) Access Coordination—Access Master Plans When shared driveway access to Boones Ferry Road(as required by subsection 6.b.ii(2)(g)of this section)or connections between parking facilities on abutting lots or unified sites(as required by subsection 6.b.ii(2)(h)of this section)are dependent on redevelopment of the abutting property,the required shared access and/or property connections maybe temporarily postponed;provided,that an access master plan is approved by the review authority. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 310/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (i) Access master plans shall: (A) Be filed with the site plan for development or redevelopment; (B) Illustrate how shared access and vehicular connections will be provided with abutting commercially zoned lots or unified sites; (C) Illustrate how pedestrian connections will be provided with all abutting commercial and medium density or high density zoned property; (D) Illustrate how shared access and vehicular connections will not interfere with development or redevelopment of abutting lots or unified sites in a manner that is consistent with the broad objectives of the Village Center plan and the overlay zone; (E) Set forth the timing and conditions under which the access or connection improvements shall be constructed and implemented;and (F) Be signed and recorded by the owners of abutting property for which access is being coordinated.In the event that abutting owners refuse to sign the master plan,the applicant shall demonstrate that an effort was made to meet with and coordinate with the abutting owners. (ii) Upon approval of an access master plan by the review authority,development or redevelopment on abutting property shall be designed in accordance with the approved access master plan. c. Parking i. Within the Lake Grove Village Center,on-street parking spaces directly abutting a property may be used to satisfy the off-street parking requirements of a business or residential use located on the property. ii. Driveways and parking aisles shall include pedestrian safety features such as changes in surface material, signage and lighting to alert drivers to the potential presence of pedestrians. iii. Shared parking may be used per LOC 50.06.002.2.a.iv(2),but is not required.Access to parking facilities shall be based on the Parking Facilities and Access Coordination Map,Figure 50.05.007-U. Exception—Lake Grove Elementary School:This subsection 6.c.iii applies to the Lake Grove Elementary School site only when the development and uses are not for a public school. [Cross-Reference:LOC 50.05.007.6.b.ii(2)(h),Abutting Parking Facilities Connections,and LOC 50.05.007.6.b.ii(2)(1),Access Coordination—Access Master Plans.] iv. Within 500 ft.of a public parking facility,the minimum parking requirement shall be 75%of the total required for each use pursuant to parking requirements in LOC 50.06.002. v. A 10%reduction in required parking shall be allowed for any lots or unified site on which a Village Gathering Place is provided. vi. For the portion of property acquired by City after October 4,2012,for the purpose of improvements to Boones Ferry Road right-of-way that are consistent with the Lake Grove Village Center Plan:If the loss of property eliminates parking,as set forth in Attachments D.1 and D.2 of Ordinance No.2753,the amount of parking lost may be counted toward meeting the parking standard. vii. On sites designated as Urban Streetfront Environment or Transitional Streetfront Environment on the Village Character Map,Figure 50.05.007-D,no off-street parking shall be permitted between the front of the primary building and the public right-of-way. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 311/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS d. Street Lighting i. Cobra-head light fixtures are prohibited. ii. Lighting shall be shielded,directed downward,and designed to prevent glare. iii. Street lighting shall be provided as set forth in LOC 50.05.007.6.b.ii(2),Village Streetfront. e. Landscape Requirements Purpose:Reinforce village scale and character,buffer dissimilar uses,and ensure a unified streetscape theme and continuity within the Lake Grove Village Center Overlay District as illustrated in the Village Theme section of the Lake Grove Village Center Design Handbook. i. Minimum Area Requirement Landscaping shall be installed on at least 15%of the development site on which buildings are constructed.This is inclusive of area provided in required village gathering places,landscaping required for parking lots, landscaping within any required buffer areas,and landscaping within public plazas and gathering places. Landscaping may include courtyards,raised beds and planters. (1) Property within required public easements for sidewalks or pathway construction and maintenance may be counted toward this minimum landscaping requirement. (2) A reduction in required landscaping equal to the area set aside for a Village Gathering Place is allowed,up to a maximum reduction of 2,500 sq.ft. (3) A reduction by an amount equal to the area located in a Village Commons if the Village Commons is located on privately owned land with an easement for public use. Exception:For the portion of property acquired by City after October 4,2012,for the purpose of improvements to Boones Ferry Road right-of-way that are consistent with the Lake Grove Village Center Plan: The square footage of the lost property,as set forth in Attachments D.1 and D.2 of Ordinance No.2753,may be counted toward meeting the landscape area standard,up to a maximum reduction of 5%. ii. Regional Trees and Vegetation The landscape plan shall incorporate large-scale native northwest trees such as Douglas fir(Pseudotsuga menziesii),western red cedar(Thuja plicata),western hemlock(Tsuga heterophylla),California incense cedar (Calocedrus decurrens),Oregon white oak(Quercus garryana)or bigleaf maple(Acer macrophyllum). Drought-resistant plant materials that are either native or have naturalized to the locale shall be featured. Nuisance and invasive plants,as identified in LOC 50.11.004,Appendix D,and the Invasive Tree Species List on file at the Planning Department,are prohibited.Emphasis shall be on informal,natural arrangements of plant materials that,over time,will form groves of trees around buildings,parking lots,and within required landscaped buffers. iii. Preserved Vegetation Shall Count toward Landscaping Requirements Existing vegetation which is preserved as part of an approved development application shall be counted towards fulfillment of this section. iv. On-Site Tree Requirements One tree with a minimum of three caliper in.shall be provided for every 500 sq.ft.of landscaped area.Where site conditions warrant,native trees such as Douglas fir,western red cedar,western hemlock,oak and maple of at least three caliper in.and which reach a mature height of at least 70 ft.shall be planted. v. Shrub Requirements The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 312/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS At least 15 shrubs of a minimum two-gallon in size shall be provided for every 500 sq.ft.of landscaped area. All remaining areas shall be treated with suitable mulch applied to a depth of no less than three in. vi. Irrigation All landscaping shall be provided with appropriate irrigation.Permanent irrigation may not be required if the applicant demonstrates that drought-tolerant plants have been installed and established. vii. Street Trees (1) Location and Spacing (a) Street trees shall be provided within or immediately adjacent to the public right-of-way or a public easement at an average of every 30 linear ft.along the entire development site frontage. (b) Notwithstanding the requirements in subsection 6.e.vii(1)(a)of this section,street trees shall be provided as set forth in subsection 6.b.ii of this section,Design Standards. (2) Street trees shall be a minimum of three caliper in.when planted and shall be from the approved street tree list unless otherwise provided in this section. (3) When trees are not planted in a planter strip or landscaped area,tree wells,with approved permeable material that provides a minimum of 12 sq.ft.'cif surface area,shall be provided for each tree. Commented[JD50]:12 sq.ft.tree well required here (50.05.007),16 sq.ft.was required earlier in the document (4) Alternative arrangements to a linear street pattern may be implemented as set forth in LOC (50.05.005).Are we ok with the inconsistency here? 50.05.007.6.b.ii at locations identified in the Pedestrian Facilities and Streetscape Map,Figure 50.05.007- V,or at the discretion of the reviewing authority. (5) Existing preserved trees within 20 ft.of the public right-of-way shall be counted towards fulfillment of this standard.In order to provide for a more natural and informal setting,groupings of trees may be allowed at the discretion of the reviewing authority. (6) Exemptions from street tree requirements may be granted by the approval authority provided the following conditions exist: (a) Trees would create problems with existing above or underground utilities; (b) Trees would conflict with clear vision requirements;or (c) There is inadequate space in which to plant trees.However,the approval authority may require the applicant to plant street trees elsewhere within the Village Center in lieu of trees which would normally be required for a specific development.If trees cannot be planted due to inadequate space or line clearance,the commensurate planting of shrubs or small trees more appropriate to the area may be required. viii. Parking Areas Landscape standards for parking areas are as follows: (1) Natural Features Landscaping shall emphasize naturalistic groupings utilizing plant materials that are either native or have naturalized to the locale. (2) Buffering and Screening Landscape design shall buffer and screen off-street parking areas from adjacent residential uses. (3) Trees The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 313/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Trees shall be integral to parking lot design and the overall site plan to provide for aesthetics and shade. (a) Special consideration shall be taken to preserve substantial trees.Alternative surface treatments and pervious surfaces shall be allowed as appropriate to preserve existing mature trees. (b) Trees planted to meet the landscaping requirements for parking lots shall be deciduous shade trees of at least three caliper in.which reach a minimum mature height of at least 30 ft.and have the canopy and structure necessary to cast moderate to dense shade. (c) Where adequate room is available,large-scale evergreen trees such as Douglas fir,western red cedar,western hemlock,and incense cedar of at least six to eight ft.in height and which reach a mature height of at least 70 ft.shall be incorporated into the landscape theme. (d) Exceptions to requirements of(3)(b)and(c)of this section may be allowed for circumstances that limit placement of trees such as overhead lines,underground utilities and confined spaces. (4) Parking Bays (a) Parking areas shall be divided into bays of not more than ten parking spaces.Between and/or at the end of each parking bay there shall be curbed planters of at least five ft.in width.As an alternative to bays,private parking lots of 20 spaces or less may provide a perimeter landscape planter with a minimum width of five ft.if at least 25%of the parking spaces abut a landscaped area. (b) Each planter shall contain one shade tree of at least three caliper in. (c) The planter shall also be planted with appropriate ground cover or shrubs at a rate of two two- gallon plants for every 20 sq.ft.of landscape area.The intervening area between plantings shall be mulched with an appropriate material to a minimum depth of three in. (5) Parking Facility Edge Requirements (a) Parking facilities shall be separated from a driveway,sidewalk,or pathway by a minimum five- ft.-wide landscaped area.Within this area,shade trees shall be planted every 30 ft.Low sitting walls, benches and other pedestrian amenities oriented to sidewalks or pathways may be provided in the landscaped area. (b) Parking facilities shall be separated from the exterior wall of a structure by a minimum of a ten- ft.buffer which may include a pedestrian pathway and/or landscaped strip. (6) Irrigation All parking area landscaping shall be provided with an appropriate irrigation system.Permanent irrigation may not be required if the applicant demonstrates that drought-tolerant plants have been installed and established. ix. Tree Preservation Purpose:Tree preservation shall preserve and promote a wooded character. The following standards shall apply in addition to LOC Chapter 55(Tree Code).In case of a conflict,the more restrictive standard applies. (1) Development plans shall preserve existing mature Douglas fir evergreen trees and other substantial trees except where unavoidable due to compliance with the requirements of this Code.Substantial trees for purposes of this section are trees measuring over 15 in.DBH,or of unique horticultural quality or historic importance.Substantial trees do not include invasive,dead or hazardous trees. (2) Mitigation The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 314/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (a) Mitigation trees shall be planted so that,over time,groves of trees will be established. (b) Mitigation shall require that trees of the same or approved variety of no less than three caliper in. shall replace trees removed with diameters of six in.DBH or greater. Exception:Invasive trees do not require mitigation. (c) If in the City's determination there is insufficient available space on the subject property, replacement planting shall occur in an open space tract,or City-owned or dedicated property within the Lake Grove Village Center Overlay District subject to the approval of authorized property owners.If in the City's determination no feasible alternative exists to replant required mitigation,the applicant shall pay into the tree fund as provided in LOC 55.02.084,Mitigation Required. (3) Incentives for Preservation of Substantial Trees The following incentives shall apply to substantial native trees that are preserved as part of new development or redevelopment: (a) For each retained native substantial tree,a 500 sq.ft.landscaping credit can be used to reduce the number of parking lot landscaping bulbs per subsection 6.e.viii(4)(a)of this section and/or the width of the landscaping buffer between a parking facility and the exterior wall of a building per subsection 6.e.viii(5)(b)of this section,but in no case shall the total amount of landscaping on site be reduced below 10%.A retained tree shall be credited only toward reduction in required landscaping.Sufficient landscape area at the base of each preserved tree shall be provided as recommended by a certified arborist.The decision body shall require as a condition of approval that where a preserved tree dies or otherwise must be removed,a native evergreen tree,such as a western red cedar,western hemlock or Douglas fir of at least three caliper in.,shall be planted. (b) The ten-ft.build-to line shall be adjusted where compliance with the standard would otherwise necessitate the removal of a substantial native tree or trees;the build-to line in this circumstance shall be increased by the minimum distance necessary,not to exceed 30 ft.,to preserve the substantial native tree or trees. f. Buffer Area and Screening i. Requirements Adjacent to Low Density Residential Where a property within a commercial,R-0 or R-3 zone abuts an R-7.5 or R-10 zone,the following shall be provided: (1) Minimum ten-ft.-wide landscaped buffer area,except that a public garage per Figure 50.05.007-U: Parking Facilities and Access Coordination Map,or driveway serving the garage,shall be separated by a 15-ft.landscape buffer area;and (2) A six-ft.-tall wood or masonry sight-obscuring fence or wall along the property line.The unfinished or structural side of the fence shall face the use to be screened. ii. Permitted in Buffer Area A buffer area may only be occupied by utilities,screening and landscaping.No buildings,accessways or parking areas shall be allowed in a buffer area except to allow direct ingress or egress to a site. iii. Landscape Requirements The buffer area shall be landscaped as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 315/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) One row of two-to three-in.caliper deciduous trees,spaced no more than 15 ft.apart;or one row of evergreen trees not less than six ft.tall and spaced no more than 15 ft.apart;or a mix of evergreen and deciduous trees planted 15 ft.apart. (2) Shrubs planted at appropriate spacing for the species.Shrubs shall attain a height of at least six ft. within three years of planting. (3) The remaining area shall be planted in ground cover and mulched with a suitable material to a depth of three in. iv. Screening Required Storage,trash collection areas and equipment shall be oriented away from abutting residential districts and screened by sight-obscuring fencing or landscaping. v. Special Buffer Requirements The commercial area bounded by Bryant,Boones Ferry,Reese,and the right-of-way north of Sunset shall comply with the following special requirements: (1) A minimum five-ft.buffer shall be required measured from the southern commercial property line abutting the existing six-ft.right-of-way.Landscaping in accordance with this section shall be provided. Existing landscaping may be used to satisfy this requirement provided it currently provides screening between the commercial and residential uses in accordance with this section. (2) Residential lots abutting the existing six-ft.right-of-way shall be screened from adjacent commercial uses by a single six-ft.-tall,sight-obscuring fence or wall.The fence or wall shall be located at the abutting property line of the residential zone and within the right-of-way.Fence or wall construction within the right-of-way shall require an encroachment permit as set forth in LOC Article 42.18,Public Rights-of- Way and Easements.Fence design is subject to approval of the City Manager.Gates may be provided in the fence or wall if requested by the abutting residential property owner and approved by the owner of the adjacent commercial property.Locating parallel fences or walls at both commercial and residential lot lines abutting the right-of-way is prohibited. g. Noise Mitigation i. Noise Mitigation Plan Any development for auto-oriented uses,commercial drive-through uses,restaurants and drinking establishments,or amusement uses shall require a noise mitigation plan. ii. Noise Reduction Design The development proposal shall incorporate noise reduction into development design,and/or provide for additional noise reduction procedures to be implemented so as not to unreasonably increase ambient residential levels. [Cross-Reference:LOC 50.05.007.5.f,Screening and Sound Buffering.] (Ord.2803,Amended,02/19/2019;Ord.2783,Amended,06/19/2018;Ord.2753,Amended,11/07/2017;Ord.2732, Amended,02/21/2017;Ord.2709,Amended,05/17/2016;Ord.2707,Amended,05/17/2016;Ord.2648,Amended, 02/17/2015;Ord.2580,Amended,09/04/2012;Ord.2579,Repealed and Replaced,03/20/2012) 7. SPECIAL REQUIREMENTS AND STANDARDS a. Applicability The following special requirements and standards apply to specific sites,areas and uses within the Lake Grove Village Center Overlay District: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 316/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i. Village Transition Area(VTA)uses; ii. Village Commons and Gathering Places; iii. Village Streetfront. b. Village Transition Area Uses The following special requirements apply to the areas mapped as Village Transition Areas(VTA)on the Village Transition Area(VTA)Map,Figure 50.05.007-B. i. General Allowance Except as noted in Table 50.03.002-2,uses allowed in the underlying zone are allowed in the VTA. ii. Bryant Road/Sunset Drive Site The following provisions shall apply to the approximately 0.85-acre property located at the intersection of Bryant Road and Sunset Drive(situs address 16400 Bryant Road).The uses permitted on the site are: (1) As provided in the underlying PF zone. (2) The following uses subject to the limitations and requirements below shall be outright permitted uses (without requiring public ownership of the site under the PF zone): (a) Labor,civic,social,fraternal,charitable uses and community-based uses and organizations including accessory and incidental uses shall be permitted in the existing structure existing as of May 1,2008;and provided,that the structure is on the Landmark Designation List per LOC 50.06.009, Historic Preservation. (b) Educational uses,including an exhibit area related to history and safety,accessory and incidental uses. (c) A gathering place as identified on the Village Commons and Gathering Places Map,Figure 50.05.007-C,subject to the requirements of LOC 50.05.007.7.c.i and ii,and preservation of the Heritage Trees Grove designated on the property. [Cross-Reference:LOC 50.03.002.3,Commercial,Mixed Use,Industrial and Special Purpose Districts Use Table.] c. Village Commons and Gathering Places i. Village Commons (1) The Village Commons shall be a public space suitable to host community events such as farmer's markets,art fairs,holiday events,and other similar activities.It may include any of the following features: a plaza,village square,park,natural area,natural water feature,open space area,or other similar area intended for common use of area residents,employees,customers,and visitors. (2) The Village Commons Area shall be no less than 10,000 sq.ft.and of sufficient size and dimensions to safely and comfortably accommodate at least 500 persons. (3) The Village Commons shall not abut or front on Boones Ferry Road. (4) The Village Commons Area shall be located within 500 ft.of a public parking area and shall have easy access from the parking area. (5) Locate the Village Commons in close proximity to Hallmark Drive,Three Sisters Creek,and Lake Grove School in such a way as to minimize vehicular impacts to adjacent neighborhoods. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 317/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. Village Gathering Places (1) A Village Gathering Place shall be a small space for common use of residents,employees, customers,or visitors of the site where people can sit,congregate,and enjoy the urban design amenities or natural features of the site.A Village Gathering Place may be publicly or privately owned. (2) A Village Gathering Place shall be incorporated and integrated into the design and redevelopment of any site identified with a Village Gathering Place symbol on the Village Commons and Gathering Places Map,Figure 50.05.007-C. (a) On sites with the hardscape symbol,the Village Gathering Place shall include a plaza or courtyard. (b) On sites with the greenscape symbol,the Village Gathering Place shall be designed as a park or natural area and shall incorporate natural features of the site. (c) Sites identified as both hardscape and greenscape shall incorporate elements of both types of gathering place. (3) The minimum size of a Village Gathering Place shall be 7.5%of the site area,except that no more than 2,500 sq.ft.shall be required.No single dimension shall be less than 20 ft. (4) Up to 20%of the area of a Village Gathering Place may be used for pushcart sales and kiosks; provided,that such uses are located within the hardscape portion of the Village Gathering Place. [Cross-Reference:LOC 50.06.002,Parking,and LOC 50.05.007.6.c,Parking,and landscaping as provided in LOC 50.05.007.6.e.] iii. General Standards for Village Commons Area and Village Gathering Places The Village Commons Area and Village Gathering Places shall: (1) Be open and clearly visible from the public right-of-way.If the Village Gathering Place is designed as a courtyard enclosed by buildings,the opening to the public right-of-way shall be satisfied by a pedestrian accessway that is a minimum of 15 ft.wide.In such cases,the accessway shall be designed to be inviting to the public. (2) Provide seating appropriate for the site,with no fewer than four seats provided. (3) Be designed to break up hardscape areas with landscaping and trees.For every 2,000 sq.ft.of hardscape or fraction thereof,200 sq.ft.of landscaping shall be provided. (4) Include a focal point/design feature such as a clock tower,fountain,monument,sculpture,or similar feature in any hardscape area.Greenscape areas shall be designed to highlight their natural features. (5) Include lighting consistent with the sidewalk lighting on Boones Ferry Road.Lighting shall be directed away from adjoining residentially zoned neighborhoods. [Cross-Reference:LOC 50.05.007.5.d.v,Pedestrian Features,Lighting.] d. Transitional Streetfront Environment Purpose:Provide flexibility in locating buildings within Campus Design Areas while ensuring a street orientation at key locations;provide a transitional character between the Urban Streetfront Environment and Park Streetfront Environment and require streetscape and landscape elements to ensure spatial enclosure and a pedestrian scale. These standards apply at street frontage designated Campus Street Orientation on the Village Character Map,Figure 50.05.007-D. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 318/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i. Landscaping If a building does not directly abut the sidewalk,landscaping is required between the building and the sidewalk. e. Park Streetfront Environment Purpose:Ensure trees and streetscape elements create spatial enclosure and desired character along public streets for street frontage designated Park Lane,Crossroads Gateway,or Campus Woods. These standards apply to lots with street frontage designated Park Lane,Crossroads Gateway,or Campus Woods. i. Tree Retention No tree with a trunk of at least eight in.DBH located within 30 ft.of the Kruse Way right-of-way or within 20 ft.of any other public street right-of-way shall be removed unless determined to be invasive,dead,or hazardous pursuant to LOC Chapter 55,Trees,or located within area required to provide the separated pathway and retaining wall set forth in subsection 7.e.iii of this section,Crossroads Gateway Special Requirements. [Cross-Reference:LOC 50.05.007.6.e.ix,Tree Preservation.] ii. Park Lane Special Requirements Purpose:Ensure a park character and a landscaped edge at street frontage locations where buildings may be set back to preserve existing trees,riparian areas,and topography,and accommodate curved or limited street frontage conditions or development on large through-lots adjacent to Kruse Way. These standards apply to lots with street frontage designated Park Lane on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V. (1) Edge at Parking Facility Parking facilities including both surface lots and structures adjacent to street frontage designated Park Lane shall be separated from the required pathway by a minimum ten-ft.wide landscaped area,and be visually screened from the adjacent street and pathway by landscaping including evergreen trees and shrubs.Trees and shrubs must be of sufficient size to provide an effective visual screen at the time of planting. [Cross-Reference:Parking Facility Edge Requirements,LOC 50.05.007.6.e.viii(5).] iii. Crossroads Gateway Special Requirements Purpose:Protect pedestrians and cyclists from vehicular movement on Kruse Way and Boones Ferry Road;and coordinate existing topography and mature trees with additional fir trees and basalt walls to create a distinctive gateway at a significant intersection. These standards apply to lots with street frontage designated Crossroads Gateway on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V. (1) Provide additional Douglas fir trees as needed to combine with existing trees to create natural groupings of fir trees. (2) New direct access,whether permanent or temporary,from Kruse Way is prohibited unless the applicant can demonstrate that,but for the additional Kruse Way access,the traffic impacts associated with the proposed development would result in the other streets accessible to the development,or their intersections,exceeding permitted service level standards for those streets and intersections.In determining the impact upon the other streets accessible to the development,or their intersections,the traffic expected to result from future development accessing the other streets and their intersections shall be taken into account. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 319/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS iv. Campus Woods Special Requirements Purpose:Maintain a wooded character along Kruse Way and provide safe,convenient access for pedestrians, cyclists and transit riders to and within the Village Center and along arterials. These standards apply to lots with street frontage designated as Campus Woods on the Pedestrian Facilities and Streetscape Map,Figure 50.05.007-V. (1) Provide additional trees as needed to combine with existing trees to create natural groupings. (Ord.2832,Amended,01/07/2020;Ord.2783,Amended,06/19/2018;Ord.2732,Amended,02/21/2017;Ord.2709, Amended,05/17/2016;Ord.2579,Repealed and Replaced,03/20/2012) 8. LAKE GROVE VILLAGE CENTER OVERLAY DISTRICT DESIGN VARIANCE See LOC 50.08.003.2.d. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 50.05.008 SOUTHWEST OVERLAY DISTRICT 1. PURPOSE The purpose of the standards for the Southwest Overlay District("District")is to: a. Provide for employment and industrial uses that are complementary to the surrounding residential and commercial development to create a positive aesthetic and economic impact on the community. b. Increase predictability and clarity about standards for development in the district. c. Create a consistent and organized development pattern throughout the district. d. Provide a safe,efficient and effective transportation network for cars,freight trucks,bicycles,pedestrians,and transit. e. Enhance the streetscape to be an inviting place for pedestrians. f. Buffer the adjacent residential areas from industrial activities and land uses. (Ord.2706,Repealed and Replaced,06/07/2016) 2. APPLICABILITY Except as otherwise expressly provided below,development within the district(shown in Figure 50.05.008-A)is subject to the requirements of this section: a. Construction of a new building; b. Substantial remodeling of an existing building.For the purposes of this section"substantial remodeling"means: i. Exterior remodeling that changes the appearance of more than 50%of any building elevation;or ii. A building expansion of more than 300 sq.ft.,except where the expansion is solely designed and constructed: (1) To provide for accessibility to the disabled; (2) To provide for energy conservation(e.g.,addition of an entry vestibule); (3) To provide for screened recycling or trash storage;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 320/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (4) To relocate or screen visible exterior mechanical equipment so that such equipment is no longer visible. Figure 50.05.008-A:Southwest Overlay District Boundary and Zoning i = rnw • e ...., R-1s 'i(( 1 r Q r 1-7 Q = Q 1 r Q r •.-...,:l. - / f.- - , f I 2 F. ' — I— 1s5 -PHA - 1: nn. ; ...r._«.j l: ':QQ .._ ... Qi Tigard �1� ;Q r.B7a•i� ., — rl 3--� 'i., i " •t e _` a .�•L .., o- ,'Al •t..a • cc i - s5 y�G,,e rn,.,....., ... j _YSi W t 14 __ Elf, I� . :1 1 ! Q i * �° • i.�i m -=,EQt .,.E „E�t :; � ._ a 'n n.P` �� m�4, • Yi -E I Tualatin' _ // ,._. -�* .. S F�/ 1.♦ Y. • IF . .., ; ry g..• - ;; .. / e I 3 E 1 ' 4 `, 5p1 3 i ' •-;• `; , • J i 1'1 i 53515�• 5,,. ',/;ii 1I 5 i e• F • r ai.�. i ry .. /J '� I. Q i Q.. =7 1 I'i J, IP!y3. gi• •�i F 'io `. S • • i�:sp• ,,' j' = „ E rim z . 1,^ • _ V.i — 41- _ Q . 1.Fs�P4jj r-..� r=5{ s 9 Q1 "" •,,••• .. , $ou€hWeSt Overlay DF Izlct aoUndafy 'A`T Tualatin l s Jj F 55., 1- Q F.' Q Q • .. `.._.i,-. xis. Zoning Dis -4' --,—,"Li: .':.-LFF 4 jl j o d' ti c._„ 4 _- s '• 1 ;.0Q.. .r ... :..:'€ r •„ : .: ,. „..}«, ., L-:::==''.s_:am..... _ (Ord.2706,Repealed and Replaced,06/07/2016) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 321/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 3. RELATIONSHIP TO OTHER DEVELOPMENT STANDARDS a. LOC 50.05.008.4 to 50.05.008.7 supersede LOC 50.06.001.5,Commercial,Industrial,and Multi-Family Development Standards for Approval,in its entirety for developments subject to this overlay district. Exceptions: i. Residential mixed-use development in the NC and GC-zoned portion of the district shown on Figure 50.05.008-A is subject to the discretionary building design standards in LOC 50.06.001.5 or clear and objective building design standards in LOC 50.06.001.7 in lieu of the SWEA standards in LOC 50.05.008.6,Building Design. ii. Seasonal restaurant enclosures,except the site dimensional standards of subsection 5 of this section apply. b. Conflicting Standards.The building siting and building design standards apply to all development located within the district whose boundaries are set forth in Figure 50.05.008-A within the IP,NC,and GC zones.In the event this section and other Lake Oswego codes,standards and regulations regulate the same matter,the overlay district standards shall supersede the other Lake Oswego codes,standards,and regulations,even if the overlay district standards are less restrictive than the other standard. (Ord.2851,Amended,09/15/2020;Ord.2706,Repealed and Replaced,06/07/2016) 4. BUILDING SITING a. Building Orientation.Buildings located on parcels with primary street frontage as set forth in Figure 50.05.008-B:Primary and Secondary Streets shall have their front facade oriented to the primary street.Buildings located at the intersection of two primary streets may orient the front facade to either primary street. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 322/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.008-B:Primary and Secondary Streets _T \ ,I11 1f�- 1_1 Ill I 'i w .�N 1 17 I I ,' 71' i ,-- 1--.•-. 1 . - _-I I M l �. ,rl _704 1 /". i__I ' - '- ,/' ----• ,. , ,:.,,.., ,. : _::,... : � 1 .// lt4jii 1- ual, ,., , - IL-1-21';- I tit, II €� r' C`L- 7�L� _��i - 1-1,W41__,_ ,. ,7__]1_L_ ,_L.FIT,[_i_i__I -r_fH ; ;, I,+fir aTii- -I� rli-.J, , • , , 1 _I_1 _� _1 f h !primary and Secondary Streets .' Iir+li, — Southwest Overlay Platrict Tualatin M1 ~Y —LI .r_ 1J I-11H—'' .amp,�"'"" 1. htiI-- l ! ,_ ram-:. �� ow m ra i, .0. P c -- r 1�_ -...........r-�- .... te. b.Build-To Line. i. Buildings shall meet the requirements as set forth in Table 50.05.008-1 below: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 323/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.008-1:BUILD-TO LINE STANDARDS Zones Build-To Line GC 20 ft. IP 20 ft. NC 10 ft. ii. If a parcel is located on a corner,the build-to lines shall apply to both frontages. Hi. On through lots where only one building is proposed,the build-to line applies to one frontage only.Where the through lot is along a primary street,the build-to line shall apply to the primary street. iv. The distance of the build-to line from the front property line maybe changed as set forth below.The distance shall be the minimum necessary to accommodate the site/development conditions in subsections 4.b.iv(1)and(2)of this section. (1) As necessary to preserve existing trees. (2) In multi-building complexes,where the configuration of the lot prevents locating all buildings within the build-to line. c. Minimum Street Frontage. i. For buildings on primary streets illustrated in Figure 50.05.008-B,the building shall occupy a minimum of 50%of the lot frontage,measured at the build-to line. ii. For buildings along secondary streets,the building shall occupy a minimum of 30%of the lot frontage, measured at the build-to line. Figure 50.05.008-C:Building Siting Examples F Parking 1 F Parking C f w� % / rluArtnB'r-30%l01 reel I YES I Ekidep x_50%lot vAaar EnilY 20'6uildio Area: 20'Osild-10 Areay I.' -T. SYlevaik Primary Street Secondary Street The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 324/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i 1 Emy • i I I NO I Parking -• 20'6ui10•lo Areal' (Ord.2706,Repealed and Replaced,06/07/2016) 5. DIMENSIONAL STANDARDS a. Development in the GC,NC and IP zones shall conform to the dimensional standards in Table 50.05.008-2. TABLE 50.05.008-2:Overlay District Dimensions lirGeneral Commercial(GC) Neighborh000ldCCommercial Industrial Park(IP) Floor area ratio(FAR) — 1:1 — Front setback[I] Minimum 0 ft. 0 ft. 0 ft. Side yard setback Minimum 0 ft. 0 ft. 0 ft. Rear setback Minimum 0 ft. 0 ft. 0 ft. Setbacks adjacent to low-and medium-density residential zones Structure 25 ft. 25 ft. 20 ft. Surface parking 10 ft. 10 ft. 10 ft. Vehicular accessway 5 ft. 5 ft. 5 ft. Setbacks adjacent to high- density residential zones Structure 10 ft. 10 ft. 10 ft. Surface parking 10 ft. 10 ft. 10 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 325/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.008-2:Overlay District Dimensions General Commercial(GC) Neighborho(`dC)ommercial Industrial Park OP) Vehicular accessway 5 ft. 5 ft. 5 ft. Building height(feet) Minimum 20 ft. 20 ft. 20 ft. Maximum 45 ft. 35 ft. 45 ft. Building height step back from Building height at the setback line shall be a maximum of 25 ft.Height shall be stepped back from residential zones the setback line such that one additional foot of height is allowed for every additional foot the building is set back. Lot coverage maximum 50% 85% 100% Residential density Minimum — 20[2] N/A Maximum N/A — N/A [1]The maximum front setback is established by the build-to line in Table 50.05.008-1. [2]Residential development is only permitted if part of a mixed-use development with commercial uses on the ground floor. (Ord.2706,Repealed and Replaced,06/07/2016) 6. BUILDING DESIGN a. Ground Floor Fenestration.Street-facing facades along primary streets as set forth in Figure 50.05.008-B shall provide windows or doorway openings along a minimum of 50%of the length of the ground floor facade. b. Facade Articulation.Every 50 linear feet of a street-facing facade must incorporate at least one of the following: i. Variation in building materials or treatment. ii. Building offset of at least two feet. iii. A design feature that reflects the building's structural system. c. Exterior Finish Materials. i. Prohibited Exterior Finish Materials.Except as allowed in subsection 6.c.ii of this section,T-111 type plywood,sheet pressboard and vinyl siding are prohibited. ii. Limited Exterior Finish Materials.Foundations may be constructed of plain concrete or plain concrete block for no more than two feet in height as measured from the finished grade to the bottom of the exterior cladding material.Concrete block and plywood may be used as exterior materials for no more than 40%of each building facade. iii. Where there is an exterior alteration to an existing building,the exterior finish materials on the portion of the building being altered or added must be compatible with the materials of the existing building. d. Mixed-Use Buildings within the NC and GC Zones.For mixed-use development in the NC and GC zones (see Figure 50.05.008-A),the discretionary building design standards in LOC 50.06.001.5 or clear and objective building design standards in LOC 50.06.001.7 shall apply in lieu of the SWEA building design standards in LOC 50.05.008.6. e. Entrances. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 326/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i. All primary entries shall be located along the front facade,oriented to the street.On corner lots,primary entrances may face either street,or may be angled at the corner. ii. Walkway Connection to Building Entrances.A walkway is required from a building's entrance to a public street.The walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. iii. Primary entries may be provided for each business or may be shared for multi-tenant buildings. f. Pedestrian Protection.At building entrances,a recessed entry,six-foot-deep awning or canopy or similar weather protection is required.Similar weather protection features shall be required for all facades abutting a public sidewalk.Awnings and canopies shall not be back lit. g. Yard Setback Design.The front yard must provide landscaping,or a hard-surfaced expansion of the pedestrian walkway that connects the building entrance to the street.If a building abuts more than one street or accessway,the required improvements shall be provided in all yards abutting streets and accessways. h. Gateway Treatments.Gateway treatments shall be located at the Jean Way/Boones Ferry Road and Pilkington/Boones Ferry Road intersections to create a visual identity for vehicles and pedestrians entering the district and the city.Gateway materials shall be composed of architectural details,signage,or landscaping that create a strong identity and visual landmark. (Ord.2706,Repealed and Replaced,06/07/2016) 7. PARKING AND LOADING AREAS a. Parking Area Location. i. Primary Streets.Parking is not permitted in front of the buildings located along Pilkington Road,Jean Road and Jean Way,as illustrated in Figure 50.05.008-B. ii. Secondary Streets.Parking for buildings located along secondary streets may be located in front of the building for those portions of a structure not meeting the minimum street frontage requirement of this overlay district(LOC 50.05.008.4.c). b. Truck Loading Areas. i. Applicability.The standards in this section shall apply to new structures. ii. Location.All loading areas shall be located at the side or rear of the building,or be screened so as not to be visible from residential zones. iii. Maneuvering.Loading areas shall be designed so that vehicles enter and exit the site in a forward motion. All maneuvers associated with parking and loading shall occur on site. (Ord.2706,Repealed and Replaced,06/07/2016) 50.05.009 GREENWAY MANAGEMENT OVERLAY DISTRICT 1. PURPOSE,APPLICATION a. Purpose The purpose of the Greenway Management Overlay District(GM)is the following: i. To protect the natural,scenic and recreational qualities of lands along the Willamette River in Lake Oswego; ii. To preserve and allow for the restoration of historical sites,structures,and facilities along the Willamette River; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 327/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ill. To implement the goals and policies of the State of Oregon's Willamette River Greenway Program; iv. To implement the goals and policies of the Lake Oswego Comprehensive Plan Greenway Element; v. To establish standards and requirements for the use of lands within the Willamette River Greenway Compatibility Review Boundary in Lake Oswego;and vi. To provide for the review of any intensification of use,change of use,or development on properties located within the GM Overlay as indicated on the official zoning map.Uses of the land and water not compatible with the Greenway and not provided for in this Code shall be prohibited within the GM Overlay. b. Overlay Boundary This overlay district establishes the Greenway Compatibility Review Boundary and is intended to superimpose additional protection and regulation upon property which may alter the requirements of the underlying zone.The boundary extends 150 ft.shoreward from the ordinary low waterline of the Willamette River and to those areas within the river that are within the Lake Oswego City limits. c. Applicability The provisions of this section shall apply to lands in the Willamette River Greenway Compatibility Review Boundaries in Lake Oswego in addition to any standards and requirements of the primary zoning district to which this designation may apply.Nothing in this section shall be construed to constitute a waiver or suspension of the provisions of any zoning district within the GM Overlay.In the case of any conflict between the provisions of this section and the provisions of any other section of this Code,the more restrictive provisions shall apply. (Ord.2579,Repealed and Replaced,03/20/2012) 2. DEVELOPMENT REVIEW a. All development within the GM Overlay District shall be reviewed pursuant to the provisions in LOC Article 50.07,Review and Approval Procedures. b. In reviewing applications for development in the GM Overlay District,in addition to the requirements of LOC Article 50.07,Review and Approval Procedures,and except as provided in subsection 2.c of this section,the reviewing authority shall determine that the following criteria are met: i. 'Significant fish and wildlife habitats will be protected. ii. Significant natural and scenic areas,viewpoints and vistas will be protected. iii. Areas of ecological,scientific,historical or archeological significance will be protected to the maximum extent possible.',.. Commented[JD51]:Is there language,or at least a common understanding of the habitats or scenery deemed iv. The quality of the air and water in and adjacent to the Willamette River will be maintained in the "significant?"The term"significant"invites subjectivity and development,change of use,or intensification of use of land within the GM Overlay. can dampen the intended result of the restrictions v. Areas of annual flooding,water areas,and wetlands will be retained in their natural state to the maximum possible extent to provide for water retention,overflow and other natural functions as well as protect the health, safety and welfare of the public.Areas subject to the 100-year flood level are also regulated by the floodplain standard. vi. The natural vegetative fringe shall be maintained to assure scenic quality,protection of wildlife,protection from erosion and screening of uses from the river. vii. Areas considered for development,change or intensification of use which have erosion potential will be protected from erosion by means compatible with the natural character of the Greenway. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 328/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS viii. Any recreational needs proposed by the development will be satisfied in a manner consistent with the natural limitations of the land.Conflicts with adjacent land uses will be minimized. ix. Public safety and protection of public and private property will be maintained to the maximum extent practicable,especially from vandalism and trespass. x. Nonwater related or dependent structures shall be located west of and no closer than 25 ft.to the following setback lines: (1) For property located from the northern City limits to the northern bank of Oswego Creek(in George Rogers Park),the setback line is the contour elevation line that establishes the Army Corps of Engineers 50-year floodplain line. (2) For property located in George Rogers Park from the southern bank of Oswego Creek to the southern boundary of the park,the setback line is the western edge of the paved pedestrian path. (3) For property located from the southern boundary of George Rogers Park to the southern City limits, the setback line is the western right-of-way line for Old River Road. The Compatibility Review Boundary Line becomes the setback line at any point where the above-described setback lines lie to the west of the Compatibility Review Boundary Line. c. It is recognized that all of the criteria listed in subsection 2.b of this section may not be applicable to every site. In some cases,the criteria may conflict on a given site.In such cases,the reviewing authority shall balance the applicable criteria in order to protect the Willamette River,and the resources located along its banks,from the effects of development,to the greatest extent possible. (Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. PERMITTED USES The following uses are permitted within the GM district: a. Activities to protect,conserve,enhance and maintain scenic,historical and natural uses on public lands. b. Parks and other recreational facilities,including those designated in the Comprehensive Plan. c. Erosion control operations not requiring a permit from the Division of State Lands. d. Tree removal for public safety,'erosion'control,br personal noncommercial use.I Commented[JD52]:I am not familiar with tree removal for erosion control. e. Construction of driveways,modifications of existing structures and the construction or placement of such accessory structures or facilities which are usual and necessary to the use and enjoyment of existing improvements. Commented[JD53]:This gives the impression that tree removal for personal use is allowed in the GM district.Is f. Other uses legally existing on December 16,1982;provided,however,that any change or intensification of such that the intended result here?Regardless,actions are use shall require review as provided by this Code. needed to ensure clarity and consistency.There are two avenues here: g. Single-family dwellings and accessory structures associated with such dwellings. 1.Keep as is,allowing tree removal for personal non (Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) commercial use A.Include a definition for personal noncommercial use 4. WILLAMETTE RIVER GREENWAY BOUNDARY B.Include exemption in Tree code:Tree removals for The Willamette River Greenway Boundary as adopted,and as it may be amended by the Land Conservation and personal noncommercial use in the GM district. Development Commission,is hereby adopted as the Greenway Boundary in the City of Lake Oswego. 2.Change language here:"Tree removals that adhere to the provisions of the Community development code and [Cross-Reference:see also underlying base zone.] tree code" (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 329/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 50.05.010 SENSITIVE LANDS OVERLAY DISTRICTS Revised 4/23 1. OVERVIEW a. Purpose LOC 50.05.010 creates the Resource Protection(RP),Resource Conservation(RC),and Habitat Benefit Areas (HBA)overlay districts to: i. Protect and conserve wildlife habitat; ii. Protect and improve water quality; iii. Control and prevent water pollution for the protection of public health and safety; iv. Comply with federal laws including the Clean Water Act and the Endangered Species Act; v. Comply with State Land Use Goal 5;and vi. Comply with Metro's Urban Growth Management Functional Plan. b. Comprehensive Plan Map and Zoning Map The overlay districts shall be designated on the Comprehensive Plan Map and Zoning Map.The use of aerial photography or field inspection may be necessary to confirm the presence or location of the overlay districts on individual properties. (Ord.2687,Amended,12/15/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICABILITYRevised 4/23 4110 This section applies to all lands designated RP or RC on the Sensitive Lands Map,and lands designated HBA where an HBA protection area is established pursuant to LOC 50.05.010(7). a. Sensitive Lands Development Review Required i. Except as provided by subsections 2.b through 2.d of this section,development within: (1) The RP district,as defined in LOC 50.05.010.6.b; (2) The RC district; (3) The HBA protection area;or (4) The construction setbacks established in LOC 50.05.010.6.c.ii(1)(e); shall be subject to the standards and criteria identified in LOC 50.07.004.8.c,Environmental Review. ii. Development permits,mitigation proposals,and adjustments of a district boundary shall be subject to the standards and criteria identified in LOC 50.07.004.8.c,Environmental Review. iii. To the degree that any requirement of this section conflicts with a requirement of the underlying zone,this section shall prevail. b. Exceptions—General The provisions in this section shall not apply to: i. A resource located within the boundaries of a development permit approved prior to August 21,1997,if: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 330/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) The resource was identified and protected pursuant to regulations in effect at the time of approval; and (2) The proposed development is in compliance with the conditions protecting the resource imposed at the time of approval.Any modification of the prior approved development permit that would impact or modify any protection measures imposed at the time of original approval shall be subject to the standards and criteria of this section. ii. Resource mitigation required as a result of violation of this section or pursuant to settlement of a potential enforcement action by the City Manager,subject to City Manager approval of the restoration plan and procedures and the requirements of subsection(2)(f)of this section. iii. Routine maintenance and repair of existing legal development,including nonconforming structures and landscaping.(See also specific exception for normal or emergency replacement of utility,below.) c. Exceptions—Specific The provisions of this section,except for the construction standards in subsection 4.d of this section,shall not apply to: i. Replacement or vertical expansion of an existing structure within the footprint of that structure. ii. Normal or emergency replacement of a utility that is not closer to a protected water feature than the pre- existing utility.Normal replacement of a utility for purposes of this subsection means the replacement is within the same general location or alignment as the pre-existing utility.Replacement of utilities that are within the stream channel or wetland must consider alternative locations;where no practicable alternative location exists, replacement shall occur as described above,subject to the mitigation requirements of subsections 4.e through 4.g of this section.Temporarily disturbed areas must be restored to their original grades and soil permeability, and revegetated with plants identified on the Plant List,pursuant to subsection 4.g of this section. iii. Alteration,expansion,or replacement of an existing primary dwelling unit where the cumulative total increase in footprint of intrusion since August 21,1997,is not more than 700 sq.ft. iv. Development that meets all of the following criteria: (1) Is not located within a wetland or below the top of the bank or stream; (2) Does not require a grading permit;and (3) The cumulative total of all development since August 21,1997,does not exceed 200 sq.ft. v. Fences that are not located within a wetland or flood hazard area,or below top of bank of a stream. vi. Other development that does not remove any native vegetation or create new permanent structures. d. Exceptions for Wetlands,Stream Corridors and Tree Groves Outside of RP or RC District Wetlands,stream corridors,and tree groves that are not contained within an lltP or RC district or an HBA protection Greenway Management Overlay area established pursuant to LOC 50.05.010.7 shall not be subject to the regulations of this section.However,an application for development that impacts a stream corridor or wetland may still be subject to state or federal wetland Sensitive Lands Overlay or stream regulations.Notice of such applications will be sent to the Department of State Lands(DSL)or the Army Corps of Engineers. Resource Conservation(Tree Gr e. Notification to Department of State Lands and Army Corps of Engineers Resource Protection(Streams In addition to the notification required for the particular development by LOC Article 50.07,Review and Approval Habitat Benefit Area(Tree Grov Procedures,the City shall notify the Oregon Department of State Lands and the Army Corps of Engineers upon Flood Management Area Commented IJD541: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 331/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS receipt of a complete application for development,change or intensification of use within an RP district that impacts a wetland or stream corridor. f. Mitigation Required for Violation If development occurs in violation of this section,the violator shall not only be subject to any and all enforcement and penalties that can be brought or imposed for violation of this Code,they shall be responsible for mitigating any damage caused by the violation to a protected resource pursuant to LOC 50.05.010.4.e through g. (Ord.2909,Amended,02/07/2023;Ord.2853,Amended,11/03/2020;Ord.2687,Amended,12/15/2015;Ord.2658, Amended,12/16/2014;Ord.2579,Repealed and Replaced,03/20/2012) 3. DEVELOPMENT REVIEW The development review procedures for sensitive lands overlay districts are found in LOC 50.07.004.8. (Ord.2687,Amended,12/15/2015;Ord.2579,Repealed and Replaced,03/20/2012) 4. GENERALLY APPLICABLE STANDARDS FOR LANDS WITH RP DISTRICTS,RC DISTRICTS,AND HBA PROTECTION AREAS a. Rebuilding Nonconforming Single-Family or Duplex Dwelling Located in RP District or RP Construction Setback Excluding single-family or duplex dwellings subject to the flood management area,if a portion of a nonconforming single-family or duplex dwelling is damaged or destroyed by causes not under the control of the owner(including but not limited to fire,earthquake,flood,landslide,and wind or tree damage,but not including destruction due to lack of structural maintenance by the owner,remodeling,or new construction),and the dwelling was nonconforming due to its location within a resource district or construction setback,the rebuilding or reconstruction of the nonconforming dwelling shall be exempt from the development standards of this section and LOC 50.01.006, Nonconforming Uses,Structures,Lots and Site Features;and to the other requirements of the Code not within this section,to the extent that the damaged or destroyed portions of the dwelling failed to conform to the referenced sections,above,and to other requirements of this Code not within this section.In order to utilize the rights granted by this subsection a building permit for the reconstruction must be submitted within one year of the date of the damage and construction completed within two years of such date. b. Modifications to Dimensional Standards,Setbacks,and Floor Area of the Underlying Zone i. Except as provided in subsections 4.b.iii and iv of this section,an applicant for development subject to environmental review may vary from the lot dimensional standards(building setbacks,lot size,lot width,and lot depth)otherwise applicable without a variance pursuant to LOC Article 50.08,Variances,if the applicant demonstrates that: (1) Varying from the applicable dimensional standard or standards does not increase the transfer of allowable density from an RP district,or HBA protection area,to non RP or HBA protection area; (2) The proposed development with the dimensional modification does not have a greater negative impact on natural resources than would occur without the dimensional modification;and (3) In the case of a planned development,the criteria of LOC 50.07.007.4.d,Authorization,have been met. ii. Except as provided in subsections 4.b.iii and iv of this section,an application for development subject to environmental review may transfer floor area from an RP district or HBA protection area(sending area)to adjacent nonresource zoned lands in the same ownership(receiving area),provided the transfer shall not exceed 25%of the floor area otherwise permitted in the receiving area,the sending area shall no longer be eligible for The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 332/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS future development,and the applicant shall execute and record a covenant running with the land that effects this transfer and restriction in a form approved by the City Manager. Hi. An application to vary from standards other than the dimensional or floor area standards above,or that does not comply with the criteria contained in subsection 4.b.i of this section,may qualify for a variance under LOC Article 50.08,Variances,or other applicable article or section for modification or exception. iv. Where the development is not otherwise part of an application subject to minor or major development review,the request for modification to standards shall be reviewed as a minor development. c. Density Transfer Lot density transfer shall be permitted for land divisions on residentially zoned lands subject to an RP district pursuant to this section,and on lands with an HBA protection area pursuant to this section and LOC 50.05.010.7. i. Density Transfer Ratios (1) Lot density(the number of lots otherwise allowable pursuant to the underlying zoning designation but for the RP district)may be transferred from RP district lands to adjacent nonresource zoned lands in the same ownership at a 1:1 ratio. (2) Lot density(the number of lots otherwise allowable pursuant to the underlying zoning designation) may be transferred from HBA protection area lands to adjacent nonprotected lands in the same ownership at a 1:1 ratio for the portion of the land that is to remain undeveloped(the HBA protection area). ii. No Future Subdivision or Partition When an applicant chooses to transfer lot density or floor area from one area to another area,the area that is protected shall no longer be eligible for future land division or additional floor area.In order to put future property owners on notice,the applicant shall execute and record a covenant running with the land that effects this restriction in a form approved by the City Manager. iii. Applicability by Housing Type Lot density transferred pursuant to this section may not be used to develop a triplex,quadplex,townhouse,or cottage cluster. d. Construction Standards An owner shall submit a construction plan and narrative to the City Manager prior to any grading,clearing,or construction on a development site which contains an RP or RC district,or where the owner received development review approval under subsection(7)of this section,Habitat Benefit Areas(HBA)Incentives.The construction plan and narrative shall demonstrate that the following standards will be met: i. RC protection areas or RC districts where no protection areas have been approved,RP districts,and protection areas within an approved HBA development shall be protected during construction with either: (1) A minimum four-ft.tall chain link fencing secured with a minimum of four-ft.tall steel posts.The fencing shall be in place and maintained for the duration of construction.In addition,temporary signage shall be placed on the fencing which shall clearly identify the resource district and shall state the penalty for violations of this section;or (2) Such alternative method to subsection(4)(d)(i)(1)of this section that is approved by the City Manager to demarcate and protect the RCPA or RC/RP district from the adverse effects of construction activity upon the resources. ii. RC protection boundaries and RP district boundaries,as applicable,shall be located and staked by a qualified professional prior to placement of fencing and other protective measures. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 333/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS iii. Hazardous Materials.The site shall be inventoried for hazardous materials,debris and noxious materials, and these materials shall be removed prior to the development of the site. iv. No construction,demolition,grading,or site clearing shall begin until after protective measures,signs,and erosion control measures are in place and have been inspected and approved by the City Manager and all applicable permits have been issued.Fencing and other protective measures shall not be removed,even temporarily,without the permission of the City Manager. v. No stockpiling of fill materials,or parking or storage of construction equipment shall be allowed within a resource district. vi. When transportation facilities,pathways,utilities,or structures are approved within a delineated RP district,they shall be constructed in such a way that a minimum of excavation is required and so that no permanent draining or filling of a stream corridor or wetland will occur. vii. Surface runoff and other water sources supplying hydrology to an RP district shall be designed and maintained so as not to adversely impact the functions and values of the resource. viii. Any additional construction requirements imposed as conditions of approval or which may be required by the Development Standards,the Lake Oswego Building Code(LOC Chapter 45)or the Erosion Control Code(LOC Chapter 52). [Cross-Reference:Mitigation and Avoidance Review Requirements of LOC 50.05.010.4.e through 50.05.010.4.g.] e. Mitigation;Purpose Mitigation is a way of repairing or compensating for adverse impacts to the functions and values of a natural resource caused by a development.Mitigation may consist of resource area creation,restoration,or enhancement. Some examples of mitigation actions are construction of new wetlands to replace an existing wetland that has been filled,replanting trees,and restoring stream side vegetation where it is disturbed. This subsection 4.e through LOC 50.05.010.4.g recognize that true replacement of mature or complex natural resource systems is difficult and can take many years.Mitigation is discouraged by first requiring that avoidance of development siting within the resource be explored.Then,if that is not possible,actions should be taken to minimize damage to the resource.Mitigation ratios are established according to the type of mitigation proposed and the value of the resource.Maintenance and monitoring of the mitigation measures are also required. f. Progressive Mitigation Steps Required The approving authority shall permit development allowable within an RC protection area or RP district only if it finds that the following progressive steps have been met: i. Step#1 Avoidance The applicant shall endeavor to avoid detrimental impacts on the resource altogether by providing alternative site plans along with the development proposal demonstrating that alternative designs have been explored.If disturbance of a resource district resource is proposed,the applicant shall first demonstrate that intrusion into the resource district cannot be avoided by a reduction in the size or configuration of the proposed development or by changes in the design that would avoid adverse effects on the resource while still allowing development of the property. ii. Step#2 Minimization If the applicant has endeavored to avoid detrimental impacts on the resource according to subsection 4.f.i of this section,and the reviewing authority finds that detrimental impacts cannot be avoided,then the applicant shall minimize impacts by demonstrating that: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 334/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) Alternative and significantly different site plans and development locations on the subject site have been considered,and that the alternative chosen is the least environmentally damaging;and (2) When mitigation is proposed,there will be no net loss of resource area,functions,or values as a result of development actions pursuant to LOC 50.05.010.4.g.v,Stream Corridors and Tree Groves,or LOC 50.05.010.4.g.vi,Wetlands,whichever is applicable. g. Mitigation Requirements i. Mitigation Plan When mitigation is proposed or required as part of a development application,or when required or imposed as a result of a violation of this Code,the applicant shall provide a mitigation plan prepared by a qualified professional that: (1) For proposed development,demonstrates compliance with LOC 50.05.010.4.f and this subsection 4.g.For mitigation of violations of this Code,demonstrates compliance with LOC 50.05.010.4.f.ii(2). (2) Includes a maintenance and monitoring plan.The maintenance and monitoring plan shall include task timelines and quantitative goals to ensure the viability of the mitigation over time.As part of the monitoring plan,the applicant or other legally responsible agent shall provide an annual report to the City Manager for a one-to three-year period,as determined by the reviewing authority.The report shall be prepared by a qualified professional and shall document site conditions with narrative and pictures. (3) Provisions for regular maintenance and periodic monitoring of the mitigation site,which shall be subject to review and approval by the City Manager. Failure to comply with an approved mitigation plan shall be deemed a violation of this Code and a public nuisance and may be enforced pursuant to LOC Articles 34.04,Civil Violations,and 34.08,Nuisances. ii. Required Permits If a Department of State Lands(DSL)wetland permit,Army Corps of Engineers,or other state or federal permit is also required,the City shall not issue a building permit until all applicable state and federal wetland permit approvals have been granted. iii. Mitigation Complete Prior to Further Action Mitigation shall be completed prior to a final inspection,issuance of a fmal occupancy permit,or acceptance of a public improvement. iv. Location of Mitigation On-site mitigation is required,where possible,taking into consideration the existing natural and human-made features of a site.If the reviewing authority fords that on-site mitigation is not possible,then off-site mitigation shall be permitted according to the following priorities,provided the applicant has the right to plant the area, and the planted area shall be preserved by a conservation easement,a deed restriction,such as a restrictive covenant,or other legal instrument acceptable to the City Manager: (1) Within the same drainage system(as defined by the Lake Oswego Surface Water Management Plan or the Winterowd Natural Resources Inventory)and within the City limits;or (2) Outside of the drainage system,but inside the City limits;or (3) Outside the drainage system and City limits,but within the Lake Oswego Urban Services Boundary. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 335/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS v. Stream Corridors and Tree Groves When mitigation is proposed,the reviewing authority shall require a minimum mitigation ratio(area of resource district created or enhanced to area of resource district lost)of 1:1 for stream corridor and tree grove resources. vi. Wetlands When wetland mitigation is proposed within an RP district,the reviewing authority shall require minimum mitigation ratios(area of wetland created or enhanced to area of wetland lost)as follows: (1) Wetlands Creation or Restoration—2:1 ratio; (2) Wetlands Enhancement—3:1 ratio; (3) Wetlands Creation,Restoration or Enhancement—5:1 ratio where the wetland is a Class I RP district and is forested or contains a sensitive,threatened or endangered species as identified in an adopted ESEE inventory. vii. Vegetation Restoration Vegetation restoration shall be required to mitigate the loss of plant communities disturbed by development activities.Vegetation shall be required for all mitigation projects,including trees,shrubs,and ground cover plants,as identified on the Plant List.The restoration plants shall be selected to recreate a diverse and healthy plant community which is compatible with the resource. viii. Planting Standards (1) Required Plants and Plant Densities (a) All trees,shrubs and ground cover planted for mitigation shall be native plants as defined by the Plant List. (b) Native trees and shrubs are required to be planted at a rate of five trees and 25 shrubs per every 500 sq.ft.of disturbance area(calculated by dividing the number of sq.ft.of disturbance area by 500, and then multiplying that result times five trees and 25 shrubs,respectively.Fractional results shall be rounded to the nearest whole number;for example,if there will be 330 sq.ft.of disturbance area,then 330 divided by 500 equals 0.66,and 0.66 times five equals 3.3,so three trees must be planted,and 0.66 times 25 equals 16.5,so 17 shrubs must be planted). (c) Bare ground must be planted or seeded with native grasses or herbs. (2) Plant Size Trees shall be at least one-half in.in caliper,measured at six in.above the ground level for field grown trees or above the soil line for container grown trees(the one-half in.minimum size may be an average caliper measure,recognizing that trees are not uniformly round),unless they are oak or madrone which may be one gallon size.Shrubs shall be in at least a one-gallon container or the equivalent in ball and burlap and shall be at least 12 in.in height. (3) Plant Spacing 'Trees shall be planted between eight and 12 ft.on-center and shrubs shall be planted between four and five ft.on-center,or clustered in single species groups of no more than four plants,with each cluster planted between eight and ten ft.on center.When planting near existing trees,the dripline of the existing tree shall be the starting point for plant spacing measurements.' Commented[JD55]:It could be beneficial to double check spacing requirements with local certified forester to (4) Plant Diversity ensure such requirements are consistent with forestry practices The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 336/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (Shrubs shall consist of at least two different species.If ten or more trees are planted,no more than 50%of the trees may be of the same genus.( Commented[JD56]:May be interesting to see how this plays into the 5-10-15 concept of urban forestry.Obviously (5) Timing of Plantings in this case there is a lot of variation from project to project, but foundational urban forest literature suggests that no Except as approved by the City Manager,bare root trees shall be planted between December 1 and more than 10%of one genus is planted within a city. February 28,and potted plants between October 15 and April 30.The City Manager may approve a different planting schedule where the applicant has demonstrated that it will provide for the same or greater survival rate of tree and vegetation plantings. (6) Invasive Vegetation Invasive nonnative or noxious vegetation shall be removed within the mitigation area prior to planting. (7) Tree and Shrub Survival Plantings shall be inspected and subject to review and approval by the City Manager according to the schedule approved with the mitigation plan.Plants that die during the monitoring period must be replaced in-kind to the extent necessary to meet the required survival rate specified by the mitigation plan. (8) Maintenance To enhance survival of the mitigation plantings,the following practices are required: (a) Mulch new plantings a minimum of three in.in depth and 18 in.in diameter to retain moisture and discourage weed growth. (b) Water new plantings one in.per week,between June 15 and October 15,through the duration of the monitoring period. (c) Remove or control invasive or noxious vegetation throughout the maintenance period. ix. Bonding Period (1) Except as provided in subsection 4.g.ix(4)of this section,the applicant or property owner of a development subject to an approved mitigation plan,or a person who has a mitigation obligation as a result of a code violation,as applicable,shall post a performance bond or a letter of credit to the City that is equal to 120%of the value of the improvements installed pursuant to the plan for the duration of the required monitoring and maintenance period.The bond shall be posted prior to the issuance of a building permit to ensure the success of mitigation improvements and the survival of plant materials. (2) The performance bond or the letter of credit will be released by the City after three years upon receiving proof that the mitigation measures have been successfully implemented according to approved plans.Following release of the financial guarantee,the property owner(s)or other designated party(such as a homeowners'association)shall remain responsible for maintenance of the resource. (3) If mitigation improvements fail during the bonding period and the responsible party does not replace said improvements after notification by the City,the bond shall be forfeited and shall be used by the City to correct the problem pursuant to the mitigation plan and the conditions of approval. (4) Property owners of individual tax lots that are lots of record which are zoned for single-family residential or middle housing use,are not large enough to be further divided,and were in existence prior to the date this section becomes effective shall be exempt from these bonding requirements. (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2687,Amended,12/15/2015;Ord.2644, Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 337/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 5. STANDARDS APPLICABLE TO RESOURCE CONSERVATION(RC)AND HABITAT BENEFIT AREA(HBA)OVERLAY DISTRICTSRevised 4/23 S a. Resource Conservation(RC)and Habitat Benefit Area(HBA)Environmental Review Standards; Applicability and Purpose In addition to compliance with LOC 50.05.010.4.b,Modifications to Dimensional Standards,Setbacks and Floor Area of the Underlying Zone,and LOC 50.05.010.4.c,Density Transfer,applicants for development which are subject to environmental review pursuant to LOC 50.05.010.2 on property containing an RC district,and applicants for development on property containing Habitat Benefit Area(HBA)where development incentives apply pursuant to LOC 50.05.010.7,shall comply with the standards contained in LOC 50.05.010.5.b and 50.05.010.5.c in order to: i. Ensure that new development and alterations are compatible with and maintain the functions and values of resources within the RC district or HBA,as applicable;and ii. Limit the amount of disturbance allowed within the RC district or HBA,as applicable,while permitting reasonable development of property. b. RC and HBA District Protection Areas i. The applicant for a major or minor development permit on a property containing an RC district shall designate a minimum of 85%of the RC district after delineation as the"RC protection area(RCPA)." (1) The reviewing authority may approve a transfer of RC protection area from one RC district to another RC district under common ownership where the two RC districts are located within the same Resource Area as identified by the City of Lake Oswego 1994/95 Natural Resource Inventory and ESEE Analysis; (2) The reviewing authority may approve an RC protection area that expands the boundary of a delineated RC district where tree planting is proposed as part of a tree grove restoration project. The applicant for a development that does not otherwise require a major or minor development permit may designate a protection area as part of the application,but such application shall be processed as a minor development. ii. The applicant for a development utilizing Habitat Benefit Areas(HBA)incentives shall establish a protection area pursuant to the standards in LOC 50.05.010.7. iii. Except as otherwise provided in LOC 50.05.010.5.c,no development shall be permitted within the RC protection area or HBA protection area.The land area outside of these areas may be fully developed pursuant to applicable regulations. iv. Except as provided in subsection 5.b.v of this section,the location of the RC/HBA protection area shall be based upon the following criteria: (1) The protection area shall link to abutting RP districts,or abutting RC or RC/HBA protection area lands if such lands are present; (2) The trees having diameter at breast height(DBH)width greater than the median DBH within an RC district or HBA shall be included in the protection area; (3) The location of the protection area shall be designed to protect development from blow-down hazards; (4) The protection area shall protect steep slopes and resources close to water areas from potential erosion and water quality impacts; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 338/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (5) The protection area shall protect wildlife habitat and travel corridors; (6) The protection area shall be designed to protect a contiguous canopy and a clustered configuration that does not fragment lands within an RP or RC district,or an HBA protection area; (7) The protection area shall consist of viable plant and wildlife communities; (8) The protection area shall maintain the scenic qualities of the site. v. It is recognized that all of the criteria listed in LOC 50.05.010.5.b.iv may not be applicable to every site.In some cases,the criteria may conflict on a given site.In such cases,the reviewing authority shall prioritize criteria that protect health and safety(e.g.,blow-down hazards,erosion prevention,water quality protection, etc.)and then balance the remaining applicable criteria in order to protect the most environmentally significant portion of conservation lands. vi. Once a protection area has been identified and protected pursuant to this section and approval becomes fmal,no future reduction in the RC/HBA protection area shall be permitted,unless the property owner files for a modification to the original permit and establishes a new protection area in compliance with subsection 5.b.iv of this section that is at least as large as the previously designated protection area or demonstrates that the protection area as originally designated has degraded through natural causes pursuant to LOC 50.07.004.8.a, RP/RC district overlay procedures. vii. The City Manager shall note the establishment of a protection area on the Sensitive Lands Map,along with a reference to the application in which the protection area was created. viii. In order to put property owners and occupants on notice,the applicant shall execute and record a notice of development restriction running with the land that references the protection area and the Planning Department application file in which the protection area was established. c. RC District and HBA District Area Development Standards i. Except as provided in subsection 5.c.iii(8),Landscaping,of this section,a criterion applicable to the RC protection area shall apply to the entire RC district if no RC protection area has been established.Within an HBA the criterion applies where an HBA protection area is established pursuant to LOC 50.05.010.7. ii. In addition to compliance with any other applicable regulations,the following development uses and activities on properties containing an RC district or HBA protection area are permitted within the RC district or HBA protection area,subject to the standards set forth in subsection 5.c.iii of this section: (1) Streets,driveways,lake trams,and public transportation facilities; (2) New structures,accessory structures,decks,parking areas,and active use recreational facilities; (3) Additions to existing structures and to nonconforming structures; (4) Temporary construction activities; (5) Passive use recreational facilities; (6) Utilities; (7) Resource enhancement projects; (8) Landscaping,new and existing; (9) Tree removal;and (10) Limited hazardous materials storage. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 339/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Development Standards If the proposed types of development are permitted within the RC district or HBA protection area,the development activity,use or activity shall comply with the following standards,and the construction standards set forth in LOC 50.05.010.4.d: (1) Streets,Driveways,Lake Trams,and Public Transportation Facilities (a) Driveways shall be set back at least five ft.from,and shall not be placed through,an RC or HBA protection area unless there is no other practicable method of access to the buildable areas of property served by the driveway. (b) Public streets,trams to access Oswego Lake,and public transportation facilities shall be set back at least five ft.from,and shall not be placed in or through,the protection area unless: (i) For public or private streets,there is no other practicable method of providing for access to buildable parcels. (ii) For public transportation facilities,there is no other suitable location nearby for siting the public transportation facilities which would provide equal or greater public use of the public transportation facilities. (iii) For trams to access Oswego Lake,there is no other practicable method of providing for access to Oswego Lake. (iv) For regional,community connector,or local access trails(such as those designated in the City's or another agency's Transportation System Plan),the trail width is no greater than 12 ft. Dimensions for other trails shall be determined using the progressive mitigation steps in LOC 50.05.010.4.f.See also LOC 50.05.010.5.c.iii(5),Passive Use Recreational Facilities in Protection Area. (c) If allowed within the protection area and five-ft.setback pursuant to this criterion,the applicant shall comply with the following requirements: (i) Streets,private streets,driveways and bridges shall be the minimum width necessary while also allowing for safe passage of vehicles and/or pedestrians; (ii) The amount of disturbance for driveways shall be minimized through use of shared access for abutting lots and access through easements for adjacent lots; (iii) If applicable,the applicant shall plan for future extension of shared access,access easements,or private streets to access potential new building sites in order to avoid subsequent encroachments into the protection area and five-ft.setback area; (iv) The applicant shall mitigate for loss of protection area by increasing the size of the protection area,where feasible,to compensate for the area of the RC or HBA protection area used for the public street,driveway,or public transportation facility,or by complying with the mitigation requirements in LOC 50.05.010.4.e through g. (2) New Structures,Accessory Structures,Decks,Parking Areas,Active Use Recreational Facilities New structures,parking areas,and active use recreational facilities shall be set back at least five ft.from the protection area boundary in order to protect tree roots.Accessory structures,decks,and similar structures meeting the criteria of LOC 50.03.004.2.b.i(1)through(3),setback reduction for accessory structures,and LOC 50.04.003.8.b,Patios and Decks,are permitted within the five-ft.setback area so long as they are placed no closer than three ft.from the protection area boundary. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 340/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (3) Additions to Existing Structures and to Nonconforming Structures Additions to existing structures or to nonconforming structures that are not otherwise exempt under LOC 50.05.010.2 are permitted provided the addition does not expand the lot coverage in the resource area. (4) Temporary Construction Activities A temporary construction zone,not greater than ten ft.wide,is allowed around the footprint of any structure when necessary for tools,scaffolds,etc.related to the construction,maintenance,or repair of the structure.No storage of materials or supplies may occur within this zone. (5) Passive Use Recreational Facilities in Protection Area Passive use recreational facilities,including soft surface trails and pedestrian bridges,may be located within the RC or HBA protection area.If construction of such facilities disturbs any adjacent land within an RC or HBA protection area,the disturbed area shall be restored and revegetated with plants identified on the Plant List as appropriate for resource landscaping. (6) Utilities Unless exempted by subsection 2.c.ii of this section(normal or emergency replacement of a utility),public or private utilities shall not be placed in or through the RC or HBA protection area unless tunneling under a resource where tree roots can be avoided and the functions and values of a resource will be maintained, or there is no other practicable alternative.If allowed to be located within an RC or HBA protection area, the applicant shall restore and revegetate the disturbed area with plants identified on the Plant List and mitigation shall be required pursuant to subsections 4.e through 4.g of this section.When applying Step 1 (avoidance)of the mitigation process: (a) Sanitary sewer,water,power,gas,telecommunications,cable and storm drain lines shall be maintained in public rights-of-way and routed around significant resources rather than through a resource wherever possible; (b) Drainage patterns shall not be altered in the resource area,or if altered,shall be designed and maintained so as not to adversely impact the functions and values of the resource. (7) Resource Enhancement Projects Resource enhancement projects shall remove only invasive,diseased,and hazardous vegetation,as determined by a qualified natural resource professional;vegetation(native or nonnative)may be removed if recommended for removal by a natural resource professional in order to enhance and restore natural resources Resource enhancement projects shall plant only native vegetation within the RC district or HBA Commented[JD57]:Curious if there is any minimum protection area,if one has been established,listed on the Plant List.Any pathways or structures proposed threshold for one to qualify as a natural resource as part of a resource enhancement project shall retain existing trees,unless otherwise recommended for professional. removal by a natural resource professional,in order to enhance and restore natural resources. (8) Landscaping (a) Plants.Plants used for landscaping within a protection area shall: (i) Be well-suited to local soils and growing conditions;and (ii) Not be dependent on long-term irrigation,which can increase erosion and sedimentation (irrigation necessary for initial establishment of the plants is not considered long-term irrigation). (b) The City shall maintain a Plant List on file in the Planning Division listing species that comply with this subsection.If a plant is listed in the applicable section of the Plant List for resource landscaping,it shall be presumed to comply with subsection 5.c.iii(7)of this section,Resource The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 341/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Enhancement Projects.The Plant List is not intended to be an exclusive listing of allowable landscaping materials,but shall be used as a guideline and may be updated by the City Manager from time to time as new plants in compliance with this section are discovered or become available.An applicant may utilize a plant not on the Plant List as long as it complies with the criteria in this section. (c) Removal of vegetation identified on the Plant List as appropriate for resource landscaping is not permitted from a protection area,except as otherwise allowed by this section. (d) New landscaping shall not include any invasive plants on the City's Plant List. (e) Existing Landscaping:Nonconforming formal landscaped area including ornamental gardens and lawns located within a protection area and in existence at the time of the adoption of these standards maybe maintained,altered or modified pursuant to LOC 50.01.006.2,Continuation and Maintenance of Nonconformities.However,a nonconforming landscaped area may not be expanded pursuant to LOC 50.01.006.3.c. [Cross-Reference:LOC 50.05.010.4.g.viii,Planting Standards.] (9) Tree Removal Tree removal on property within the RC district or HBA protection area shall be subject to the following criteria: I(a) Tree removal in an RC district that has no established RC protection area shall be subject to a dead tree removal permit(LOC 55.02.042.3),a hazard tree removal permit(LOC 55.02.042.4),or a verification tree removal permit associated with a resource enhancement project(LOC 55.02.042.7). Tree removal pursuant to LOC 55.02.080(Type II)is prohibited in an RC district prior to designation of the protection area. (b) Tree removal within a designated RC or HBA protection area shall be subject to a dead tree removal permit(LOC 55.02.042.3),a hazard tree removal permit(LOC 55.02.042.4),or a verification tree removal permit associated with a resource enhancement project(LOC 55.02.042.7).Tree removal for development permitted pursuant to this section,excepting subsection 5.c.iii(8)of this section,and this subsection,within a protection area is permitted pursuant to LOC 55.02.080(Type II),I Commented[JD58]:Staff has noted that it is difficult to interpret which kind of tree removal is permitted within (c) Tree removal outside of the protection area shall comply with LOC Chapter 55. sensitive lands.Clarification is needed. (d) These limitations are not intended to prohibit removal of trees in an emergency pursuant to LOC Suggested update(if I am understanding correctly): 55.02.042.5,Emergency Permit. (a)The following tree removal permits may be issued in [Cross-Reference:Invasive Trees may be removed from RC districts under the exemption in LOC 50.05.010.2.c.vi("other areas of the RC district that have no established RC development that does not remove any native vegetation..."is exempt from the Sensitive Lands section).] protection area: 1.Dead tree removal permits (10) Limited Hazardous Materials Storage 2.Hazard tree removal permits 3.Verification tree removal permits associated with a Uncontained hazardous material,as defined by the Department of Environment Quality,or development resource enhancement projects. providing for the storage or processing of materials that are flammable,explosive,toxic,or that could be injurious to human,animal,or plant life are prohibited in the RC district and HBA protection area. Any other tree removal,including Type II Tree removal,is prohibited. Exceptions: (b)The following tree removal permits may be issued for (a) Materials that are typically used for household purposes and in quantities which are normal for tree removal within a designated RC or HBA protection area: household use. 1.Dead tree removal permits 2.Hazard tree removal permits (b) Materials that are stored in a boathouse and are typically used for recreational boat operation and 3.Verification tree removal permits associated with a maintenance. resource enhancement projects. 4.Type II tree removal for development permitted (Ord.2909,Amended,02/07/2023;Ord.2783,Amended,06/19/2018;Ord.2687,Amended,12/15/2015;Ord.2658, pursuant to this section,excepting subsection 5.c.iii(8) Amended,12/16/2014;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) of this section,and this subsection The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 342/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 6. STANDARDS APPLICABLE TO RP DISTRICTS a. Resource Protection(RP)District Environmental Review Standards;Applicability and Purpose In addition to compliance with LOC 50.07.004.8.c and 50.07.004.8.d and LOC 50.05.010.4.b and 50.05.010.4.c, applicants for development that is subject to environmental review on property containing an RP district shall comply with the standards contained in LOC 50.05.010.6.b through 50.05.010.6.d,in order to: i. Prohibit new development within an RP district following delineation of the resource or resources,except as provided in this section.In the event that development is allowed within an RP district,the applicant shall mitigate for the loss of or damage to the RP resource pursuant to LOC 50.05.010.4.e through 50.05.010.4.g; ii. Ensure that new development and alterations are compatible with and maintain the total land area and the functions and values of resources designated as RP; M. Allow for development opportunities for at least one single-family home or duplex,pursuant to LOC 50.05.010.6.d and the applicable mitigation criteria of LOC 50.05.010.4.e through 50.05.010.4.g. b. RP District and Construction Setback Requirements i. The RP district shall include the delineated stream or wetland and a protected riparian area. (1) The protected riparian area contributes to the functions and values of the stream or wetland, including:shelter,food,travel,and nesting needs of wildlife;aesthetics;surface water quality;slope stability;and flood storage. (2) The entire RP district including the stream or wetland and its protected riparian area shall be shown on the delineation map. (3) The City Manager may use existing aerial photography,remote sensing,and topographic data, subject to field verification,to approve an RP district delineation without requiring a separate survey of the resource. ii. The following areas established pursuant to LOC 50.07.004.8.d and detailed in Table 50.07.004-A are protected riparian areas.They are measured outward from the edge of a delineated stream corridor or wetland and included in the RP district.The minimum dimension below(25 or 30 ft.)is the RP district standard,except where the Sensitive Lands Map identifies a wider protection area the 50-ft.standards applies: (1) Class I Wetlands and Class II Wetlands abutting Class I Stream Corridors—30 ft.or 50 ft. (2) Other Class II Wetlands—25 ft.or 50 ft. (3) Class I Stream Corridors—30 ft.or 50 ft. (4) Class II Stream Corridors—25 ft.or 50 ft. iii. Reduction of RP District The reviewing authority may allow the protected riparian area to be reduced when the applicant shows that: (1) The proposed development complies with subsection(4)(f)of this section,Progressive Mitigation Steps Required;and (2) The reduction in protected riparian area is not solely for the purpose of maximizing development of the site;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 343/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (3) Development abuts a Class I or II resource.The reviewing authority may allow portions of the protected riparian area to be reduced to a minimum of 15 ft.abutting a Class I resource,or ten ft.abutting a Class II resource,if: (a) A qualified professional demonstrates that such an adjustment will not reduce the functions and values of the resource as a whole;and (b) The width is increased in other areas to maintain a 25-ft.,30-ft.,or 50-ft.average width, whichever is applicable;and (4) The reviewing authority may permit a protected riparian area that is less than the average minimums required in the subsections above,when a qualified professional shows that such an adjustment will not damage the system as a whole,and one of the following conditions exists: (a) The presence of an existing topographic feature or human-made development physically precludes establishment of the minimum protected riparian area required;or (b) The size or configuration of the subject parcel is insufficient to provide the minimum protected riparian area required. iv. Construction Setbacks A construction setback is required from the RP district by LOC 50.05.010.6.c,only for the following: (1) New structures,parking areas,active use recreation facilities,streets and driveways—ten ft. (2) Accessory structures,decks,and similar outdoor facilities meeting the criteria of LOC 50.03.004.2.b.i(1)through(3),setback reduction for accessory structures,and LOC 50.04.003.8.b,Patios and Decks—three ft. c. RP District Development Standards i. In addition to compliance with any other applicable regulations,and subject to the requirement for compliance with subsection 6.c.iii of this section,the following development,use or activity on properties containing an RP district are permitted within the RP district,subject to the standards set forth in subsection 6.c.ii of this section: (1) Landscaping; (2) Tree removal; (3) Utilities; (4) Streets,driveways,lake trams and public transportation facilities; (5) Resource enhancement projects; (6) Structures; (7) Parking areas; (8) Active use recreation facilities; (9) Hard surfaced pathways;and (10) Limited hazardous materials storage. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 344/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. Except as provided in subsection(6)(d)of this section,Exceptions Where the RP District Prohibits All Reasonable Development Opportunities,all development listed in subsection(6)(c)(i)of this section is subject to environmental review and shall comply with the following standards: (1) Specific Development Standards (a) Landscaping The delineated RP district shall maintain the natural function and character of the resource area,which provides food and shelter for native wildlife.Landscaping within these areas shall therefore comply with the following criteria: (i) Plants:Plants used for landscaping within the RP district shall: (A) Be well-suited to local soils and growing conditions;and (B) Not be dependent on long-term irrigation,which can increase erosion and sedimentation(irrigation necessary for initial establishment of the plants is not considered long-term irrigation). (ii) The City shall maintain a Plant List listing species that comply with the criteria in this section.If a plant is listed on the Plant List as appropriate for resource landscaping,it shall be presumed to comply with this section.The Plant List is not intended to be an exclusive listing of allowable landscaping materials,but shall be used as a guideline and may be updated by the City Manager from time to time as new plants in compliance with this section are discovered or become available.An applicant may utilize a plant not on the Plant List as long as it complies with the criteria in this section. (iii) Removal of vegetation identified on the Plant List as appropriate for resource landscaping is not permitted from an RP district except as otherwise allowed in this section. (iv) New landscaping within the RP district shall not include any invasive plants on the City's Plant List. (v) Existing Landscaping:Nonconforming formal landscaped areas including ornamental gardens and lawns located within an RP district and in existence at the time of the adoption of these standards may be maintained,altered or modified pursuant to LOC 50.01.006.2, Continuation and Maintenance of Nonconformities.However,a nonconforming landscaped area may not be expanded pursuant to LOC 50.01.006.3.c. (b) Tree Removal (Tree removal within an RP district shall be subject to the following criteria:I Commented[JD59]:Similar to above:Staff have expressed that it is unclear which trees are protected in (i) Type I and Type II tree removal permits,in accordance with LOC 55.02.042,Permit Sensitive habitat zones. Classifications and Review Procedures,for development purposes,for those limited development activities allowed and approved by this section. Potential solution:Include a tree protection breakdown spreadsheet or graphic that delineates the different types of (ii) Type II tree removal permit,in accordance with LOC 55.02.042 for landscaping purposes, tree protections required in different overlay districts in conjunction and consistent with a resource enhancement project. (iii) Hazard tree removal permit,in accordance with LOC 55.02.042(4),except any portion of the tree that is not likely to be hazardous to persons or property shall be retained for wildlife habitat and natural resources. (iv) Emergency tree removal permit,in accordance with LOC 55.02.042(5),Emergency Permit. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 345/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (v) Verification permit,in accordance with LOC 55.02.042(7). [Cross-Reference:Invasive Trees may be removed from RP districts under the exemption in LOC 50.05.010.2.c.vi('other development that does not remove any native vegetation..."is exempt from the Sensitive Lands section).] (c) Utilities Public or private utilities shall not be placed or expanded within an RP district unless tunneling under a resource will not cause any adverse effect upon the resource and the functions and values of a resource will be maintained,or there is no other practicable alternative.If a public or private utility is allowed within an RP district,mitigation shall be required pursuant to subsections(4)(e)through(4)(g)of this section.When applying the mitigation process to this section: (i) Step#1 Avoidance.Sanitary sewer,water,power,gas,cable,telecommunications and storm drain lines shall be maintained in public rights-of-way and routed around significant resources rather than through a resource wherever possible,except that tunneling under a resource shall be permitted where tunneling will not cause any adverse effect upon the resource or tree roots,and the functions and values of a resource will be maintained. (ii) Step#2 Minimization.Sanitary sewer,water,storm drain line and other subsurface crossings shall be made within 30°of perpendicular to the stream where practicable or feasible. (d) Streets,Driveways,Lake Trams and Public Transportation Facilities (i) Private streets shall not be placed through an RP district unless there is no other practicable method of access to buildable parcels. (ii) Driveways shall not be placed through an RP district unless there is no other practicable method of access to the buildable areas of property served by the driveway.The amount of disturbance for driveways in the protection area shall be minimized through use of shared access for abutting lots and access through easements for adjacent lots. (iii) Trams to access Oswego Lake shall not be placed through an RP district unless there is no other practicable method of access to Oswego Lake. (iv) Public streets and public transportation facilities shall not be placed in or through an RP district unless: (A) For public streets,there is no other practicable method of providing for access to buildable parcels. (B) For public transportation facilities(other than regional trails),there is no other suitable location nearby for siting the public transportation facilities which would provide equal or greater public use of the public transportation facilities. (C) For regional,community connector,or local access trails(such as those designated in the City's or another agency's Transportation System Plan)the trail width shall be no greater than 12 ft.wide(as determined by the standards in the City's Trails and Pathway Plan).Dimensions for other trails shall be determined using the progressive mitigation steps in LOC 50.05.010.4.f.See also,LOC 50.05.010.5.c.iii(5),Passive Use Recreational Facilities in Protection Area. (v) If allowed pursuant to subsection 6.c.ii(1)(d)of this section,the applicant shall comply with the following criteria: (A) Streets,driveways and bridges shall be the minimum width necessary to protect resources within the RP district while also allowing for safe passage of vehicles and/or pedestrians; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 346/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (B) Stream and/or wetlands crossings shall be avoided.Where unavoidable,the applicant shall use bridges or arched culverts that are wildlife friendly and do not disturb the natural stream bed.The number of stream or wetland crossings for driveways shall be minimized through use of shared access for abutting lots and access through easements for adjacent lots; (C) If applicable,the applicant shall plan for future extension of shared access,access easement,or private streets to access potential new building sites in order to avoid subsequent encroachments into the RP district; (D) The applicant shall mitigate for loss of any portion of an RP district pursuant to LOC 50.05.010.4.e through 50.05.010.4.g. (e) Structures,Parking Areas,Pathways,and Driveways (i) Construction Setbacks (A) Except as provided in subsection 6.c.ii(1)(d)of this section,structures,parking areas, active use recreation facilities,hard surfaced pathways,streets and driveways shall be set back at least ten ft.from an RP district to prevent construction impacts to the RP district. (B) In addition to complying with other applicable standards,accessory structures,patios, decks,and similar outdoor facilities shall be set back three ft.from an RP district. (C) Passive use recreation facilities,such as soft surface trails and pedestrian bridges, may be located within the RP district.Any disturbed land area shall be restored with plants as described on the Plant List. (f) Resource Enhancement Projects Resource enhancement projects such as bank stabilization,restoration plantings,in-channel habitat improvements,and similar projects which propose to improve or maintain the quality of a natural resource within RP districts shall be approved if the applicant demonstrates that all of the following criteria are met: (i) The project will cause no permanent degradation,or loss of natural features in the RP district;and (ii) There will be improvement in the quality of at least one function or value of the resource; and (iii) Only vegetation described in the Plant List as appropriate for resource landscaping shall be planted.For the purpose of this subsection,"resource enhancement project"does not include required mitigation pursuant to LOC 50.05.010.4.e through 50.05.010.4.g. (g) Limited Hazardous Materials Storage Hazardous material,as defined by the Department of Environment Quality,or development providing for the storage or processing of materials that are buoyant,flammable,explosive,toxic,or that could be injurious to human,animal,or plant life are prohibited in the RP district. Exceptions: (i) Materials that are typically used for household purposes and in quantities which are normal for household use. (ii) Materials that are stored in a boathouse and are typically used for recreational boat operation and maintenance. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 347/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (2) General Development Standards In carrying out the permitted development activity,the applicant shall also comply with the following general development standards,if applicable to the proposed development,and the construction standards set forth in LOC 50.05.010.4.d: (a) Resource Alterations (i) Streams shall not be impounded or diverted from their natural channels unless the applicant demonstrates: (A) The diversion or impoundment will cause minimum degradation or loss of natural features in the stream corridor,and (B) The diversion will not cause erosion or otherwise cause damage downstream of the development site,and at least one of the following criteria are met: (1) A diversion would return a previously altered stream to its original location, (2) A stream channel occupies all or most of a legally created lot,or (3) An impoundment is designed to reduce flooding or improve water quality. (ii) A wetland shall not be impounded or the hydrology of the wetland modified through such activities as draining the resource or enlargement of the resource to create a pond,unless it can be demonstrated that the criteria for allowing resource enhancement in subsection 6.c.ii(1)(f)of this section have been met. iii. Land Divisions and Lot Line Adjustments The following standards apply to properties containing an RP district for applications for land divisions including partitions and subdivisions and to lot line adjustments: (1) Except where the creation of a lot is permitted under LOC 50.05.010.6.d,new lots proposed on lands that include an RP district shall have designated sites for buildings that are located outside of the RP district.A land division or lot line adjustment shall not create a lot that would necessitate an exception to LOC 50.05.010.6.d in order to site a dwelling upon the proposed lot. (2) Exception:This standard shall not apply to lots established as open space tracts,for transfer to a public agency or private trustee to manage as a natural area,or where the entire lot is included in a conservation easement that prohibits development on the site. (3) Permanent signage is required in planned developments and subdivisions to identify the RP district where any common open space protects an inventoried natural resource through conditions of approval. The signage shall be installed before any occupancy permit is issued.Such signage shall be reviewed as part of the development review process,and shall meet the standards of LOC Chapter 47. d. Exceptions Where the RP District Prohibits All Reasonable Development Opportunities i. When a delineated RP district occupies most or all of a lot in any residential district,the property owner shall be permitted development on the parcel of a single-family dwelling,duplex,or the equivalent; "equivalent"shall be one or more dwellings which in total do not exceed the maximum lot coverage and floor area allowed for one single-family or duplex dwelling based on the minimum lot area of the underlying zone.In approving more than one dwelling the reviewing body shall find that the avoid,minimize,mitigate requirements of this section are met,and the development will have no greater impact to water quality,slope stability,erosion,or wildlife habitat than would occur with one dwelling constructed with the maximum allowed floor area based on the minimum lot area of the underlying zone.All other applicable City codes and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 348/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS development standards shall be complied with,and the mitigation criteria of LOC 50.05.010.4.e through 50.05.010.4.g shall also be applicable. ii. A lot from which density has been or may be transferred to another area in contiguous ownership shall not be eligible for this exception. [Cross-Reference:Lot created by land division:LOC 50.05.010.6.c.iii.] e. Special Standards for the Oswego Canal i. Purpose The Oswego Canal was originally constructed and continues to be used for conveying water from the Tualatin River to Oswego Lake for the purpose of enhancing and maintaining the lake.Although originally artificial, certain portions of the Oswego Canal have acquired the characteristics of an RP Class I and Class II stream corridor.The canal provides a source of water to Oswego Lake for the purposes of recreation,navigation, scenic value,irrigation,maintenance and enhancement of water quality and to produce hydroelectric power.It is also an important element of flood and stormwater control for Oswego Lake and surrounding areas and it serves as the route for a sanitary sewer interceptor which is necessary to provide sewer service to several areas of Lake Oswego.This section is applicable to the portions of Oswego Canal described as beginning immediately south of the Bryant Road bridge and extending to the Tualatin River as illustrated by Figure 50.05.010-A:Oswego Canal.These regulations are intended to preserve the community-wide benefits of the natural resource functions and values of the canal,but are not intended: (1) To prevent the Lake Oswego Corporation from exercising its water rights to ensure an unimpeded supply of water to Oswego Lake; (2) To prevent the Lake Corporation from undertaking necessary management and maintenance activities to ensure water quality of the canal or Oswego Lake;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 349/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.010-A:Oswego Canal(See Official Zoning Map for Boundary) 1 ir�[� ■:a.i : _ + ': I'!SURE UMW uwr IIIMAC io ■ d0.tiio0o ■' 1!: iirrie AVOW :meitiri r;i w AV 60.1 i: sai s1, f Mil / .; .-lbra UIha�iU�. li. �■mar maiA r ;umma`'.� : . � ffi 4. - R.V/_ 1- (3) To prevent the City of Lake Oswego or the Lake Corporation from repairing,maintaining or making necessary improvements to essential public facilities and flood management measures within the canal per LOC 50.05.011,Flood Management Area,applicable Federal Emergency Management Association (FEMA)regulations,and any other City codes or standards that are applicable. ii. Exempt Activities The following activities within the Oswego Canal Stream Corridor are exempt from the requirements of this section when undertaken by the City of Lake Oswego or the Lake Corporation: (1) Operation of the Oswego Canal headgate,including variation of water flow rates and emergency or routine maintenance and repairs of the headgate,approaches to the headgate,associated banks and channel including riprapped areas,reinforcement areas,gabions and other features; (2) Emergency and routine removal of fallen trees,siltation,slides and other debris from the channel and banks of the canal and protected riparian areas as needed to ensure a continuous flow of water to Oswego Lake and to prevent flood damage; (3) Treatment of waters or flows of water for water quality purposes,and the control or eradication of aquatic weeds and similar threats to the aquatic environment of Oswego Lake; (4) Emergency and routine repair and maintenance of failing or collapsed sections of the canal bank or protected riparian areas,including removal of contributing vegetation;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 350/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (5) Maintenance,major repair of the Oswego Canal sanitary sewer interceptor and any service laterals connecting to the sewer. Activities Approved Pursuant to a Maintenance and Management Plan Activities other than those described as exempt above,or incidental thereto,shall be reviewed as a minor development when proposed by the City of Lake Oswego or the Lake Corporation and when as part of an approved maintenance and management plan.Activities approved pursuant to a maintenance and management plan are subject to the minor development review criteria of LOC 50.07.003.14.d.ii and any other City codes or standards that are applicable.These projects are exempt from the RP district requirements. iv. Environmental Mitigation Required Any effects of the above activities in subsection 6.e.iii of this section which impact the canal's stream corridor functions and values as determined by the adopted ESEE analysis,when conducted as part of an approved maintenance and management plan,shall be mitigated pursuant to a plan approved by the reviewing authority. The mitigation plan shall be appropriate to the scale of disturbance,conform to the Oregon Department of State Lands and the U.S.Army Corps of Engineers requirements and shall also,to the extent practicable,replace plant communities and wildlife habitat disturbed by the above activities. v. Boathouses and Docks New boathouses and docks shall not be placed within the portions of the Oswego Canal RP district as described above and illustrated by Figure 50.05.010-A:Oswego Canal.Replacement of an existing lawfully constructed boathouse or dock within the current footprint of the structure is allowed pursuant to this section and other applicable code requirements. (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2687,Amended,12/15/2015;Ord.2658, Amended,12/16/2014;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 7. HABITAT BENEFIT AREAS(HBA)INCENTIVES a. Purpose i. This section provides incentives for property owners to use habitat-friendly development practices. ii. The purpose of this section is to allow and encourage habitat-friendly development,which is a method of site design and development that protects,enhances,or restores significant riparian or upland wildlife habitat. b. Applicability Only properties meeting the following criteria may apply for land division approval using habitat-friendly development incentives: i. Habitat Benefit Areas.Properties designated Habitat Benefit Area(HBA)and proposed for development. ii. Other Properties.Properties that are not designated HBA may be approved for development under this section where the property contains more than 50%tree canopy cover,is proposed to be subdivided,and is identified as Riparian Corridor/Wildlife Habitat(Class I or II)or Upland Wildlife Habitat(Class A or B)on Metro's Title 13 Regionally Significant Fish and Wildlife Habitat Inventory Map(adopted by Metro on September 29,2005,and amended on December 8,2005;referenced in LOC 50.06.005). c. Habitat Benefit Areas(HBA)Delineation and HBA Protection Area Applications for land division approval using Habitat Benefit Area incentives shall: i. Delineate the HBA using the procedure under LOC 50.07.004.8.d;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 351/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. Establish an HBA protection area using the procedure under LOC 50.05.010.5.b,except that the HBA protection area shall be a minimum of 50%of the HBA area;or iii. The reviewing authority may approve an HBA protection area that is 25%or more of the HBA,where: (1) Invasive species cover more than 50%of the designated protection area(during the growing season); (2) A Habitat Restoration Plan prepared by a biologist or other qualified professional provides for removal of all invasive species within the designated protection area and replanting with native plants on the Plant List;and (3) The mitigation planting standards under LOC 50.05.010.4.g.viii are used for the design of the restoration project. d. Habitat Preservation Incentives The following incentives reviewed through the minor development process are intended to promote habitat-friendly development of new land divisions by providing flexibility from underlying code requirements: i. Allow lot density and floor area transfer(based on minimum lot area of underlying zone)from an HBA protection area to a nonresource area of a property,or to an adjacent property under common ownership,as allowed for development within an RP district. ii. Lot Area,Dimensional Standards,and Setbacks.Allow reductions to the minimum lot area,lot dimensions,and setbacks of the zone on nonresource portions of a site,without limitation,as allowed for RP districts.Where an abutting property is within a residential zone,the minimum setback along the common property line shall be that of the abutting property's zone. iii. Lot Coverage and Floor Area.Allow lot coverage and floor area standards to be applied with reference to the total site area(based on the minimum lot area standard of zone)as allowed for RP districts. iv. Minimum Density.Allow reductions to the minimum density standard. v. Building Design (1) The front setback plane standard of LOC 50.06.001.2 does not apply,except where the subject lot is adjacent to and directly across the street from a lot that is not part of the HBA development. (2) The side setback plane and side yard appearance and screening standards of LOC 50.06.001.2 do not apply where a required setback yard abuts an HBA protection area for the length of the shared property line. vi. Off-Site Parking.For land divisions in commercial,industrial,and campus institutional zones,allow an increase in the distance a remote parking facility may be located from the property line of the use to be served, pursuant to LOC 50.06.002,if the proposed parking facility is shown to be viable. vii. Street Connectivity.The reviewing authority may grant an exception to the local street connectivity standard of LOC 50.06.003.4,as allowed for RP and RC districts. e. Development Review Applications for development review approval under this section are reviewed in conjunction with an application for land division through the minor development process(LOC 50.07.003.14).The reviewing body shall find the following standards are met: i. Habitat Protection.The required HBA protection area is identified and protected,or restored and protected, as applicable,pursuant to LOC 50.05.010.5.b. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 352/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. Shared Driveways.The proposed development utilizes shared driveways,as applicable,to minimize resource area disturbance. iii. Use of Pervious Materials.The proposed development uses pervious building materials for hard surfaces, where practicable,to maintain the natural hydrology of the site and to minimize resource area disturbance. iv. Landscaping.Only native plants listed on the Plant List are used in new landscaping. v. Habitat-Friendly Fencing.Habitat-friendly fencing is used within and abutting any RP district and where passive open space areas abut a collector or arterial street,and shall meet the following criteria: (1) The fence is not located within a wetland or a stream channel;and (2) If the fence is below the top of the bank of a stream,at least a two-ft.section of every 100-ft. segment or portion thereof is: (A) Not less than 12 in.above the ground;and (B) Not more than four ft.tall,measured from the ground. A Notice of Development Restriction shall be recorded with or included within any conservation easement or other conveyance that is required to comply with the provisions of this section and other applicable code sections. (Ord.2687,Added,12/15/2015) 50.05.011 FLOOD MANAGEMENT AREA 1. APPLICABILITY This section applies to the lands within the"flood management area"and is applied when development occurs within the"flood management area."All development within special flood hazard areas("flood management area") is subject to the terms of this section and other applicable regulations.A development permit shall be obtained before construction or development begins within any area horizontally within the mapped flood management area as defined in subsection 3 of this section,Definitions,and as the referenced maps are amended per subsection 4 of this section,Map Administration.The development permit shall be required for all structures,including manufactured dwellings,and for all other development,as defined in subsection 3 of this section,Definitions,and LOC 50.10.003.2,Definition of Terms,including fill and other development activities. (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 2. PURPOSE;ABROGATION;RULES OF INTERPRETATION;WARNING;DISCLAIMER OF LIABILITY a. Purpose It is the purpose of this section to promote public health,safety,and general welfare,and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: i. Protect human life and health; ii. Notify potential buyers that the property is in a special flood hazard area;and iii. Participate in and maintain eligibility for flood insurance and disaster relief. b. Abrogation In addition to LOC 50.01.002.4,this section is not intended to repeal,abrogate,or impair any existing easements, covenants,or deed restrictions.However,where this section and another Code provision,easement,covenant,or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 353/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS c. Interpretation In the interpretation and application of this section,all provisions shall be: i. Considered as minimum requirements; ii. Liberally construed in favor of the City;and iii. Deemed neither to limit nor repeal any other powers granted under state statutes. d. Warning The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.Larger floods can and will occur on rare occasions.Flood heights may be increased by manmade or natural causes.These flood management standards do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. e. Disclaimer of Liability This section shall not create liability on the part of the City of Lake Oswego,any officer or employee thereof,or the Federal Insurance Administrator for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made hereunder. (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 3. DEFINITIONS Unless specifically defined below,words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage.For purposes of this section,the following definitions shall apply: Appurtenant Structure "Appurtenant structure"means a structure that is on the same parcel or lot as the principal structure and the use of which is incidental to the use of the principal structure.(Note:Also referred to as"accessory structure"in other articles within this Code.) Area of Shallow Flooding A designated Zone AO,AH,AR/AO or AR/AH on the Flood Insurance Rate Map(FIRM)with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist,where the path of flooding is unpredictable,and where velocity flow may be evident.Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard The land in the floodplain subject to a one percent or greater chance of flooding in any given year.It is shown on the Flood Insurance Rate Map(FIRM)as Zone A,AO,All,Al-30,AE,A99,and AR."Special flood hazard area"is synonymous in meaning and definition with the phrase"area of special flood hazard." Base Flood The flood having a one percent chance of being equaled or exceeded in any given year. Base Flood Elevation(BFE) The elevation to which floodwater is anticipated to rise during the base flood,per FEMA designation. Breakaway Wall The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 354/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces,without causing damage to the elevated portion of the building or supporting foundation system. Crawlspace(Below-Grade) An enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height,measured from the interior grade of the crawlspace to the top of the crawlspace foundation,does not exceed four feet at any point. Design Flood Elevation(LODFE) One foot above either the base flood elevation or the 1996 Flood Inundation Areas(Map D,below),whichever is higher. Filling(Fill) See defmition of"fill"in LOC 50.10.003.2. Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land area from: a. The overflow of inland or tidal waters; b. The unusual and rapid accumulation of runoff of surface waters from any source;or c. Mudslides(i.e.,mudflows)which are proximately caused by flooding due to unusual and rapid accumulation of runoff of surface waters from any source and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,as when earth is carried by a current of water and deposited along the path of the current. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water,accompanied by a severe storm,or by an unanticipated force of nature,such as flash flood or an abnormal tidal surge,or by some similarly unusual and unforeseeable event which results in flooding due to overflow of inland or tidal waters. Flood Insurance Rate Map(FIRM) The official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to Lake Oswego.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). Flood Insurance Study(FIS) An examination,evaluation and determination of flood hazards and,if appropriate,corresponding water surface elevations,or an examination,evaluation and determination of mudslide(i.e.,mudflow)and/or flood-related erosion hazards. Flood Management Area The areas depicted on the Flood Management Area Maps,Figures 50.05.011-A to 50.05.011-D.(In the event the maps show the same general area,the mapped areas that have the higher mapped flood elevation shall prevail.)The Flood Management Area Map shows: a. FEMA Mapped Areas The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 355/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS i. The areas of special flood hazard,as identified by the Federal Insurance Administrator in a scientific and engineering report entitled"The Flood Insurance Study for Clackamas County,OR and Incorporated Cities"dated January 18,2019; ii. FIRM,as issued by FEMA at the time of last amendment of the Flood Management Area Map was effective pursuant to subsection 4 of this section;and which are hereby adopted by reference and declared to be a part of this article. b. 1996 Flood Areas The area inundated during the February 1996 flood along the Willamette River as shown on Figure 50.05.011- D,which is based on the flood elevation data available at the Engineering Department.The 1996 Flood Areas will be used for regulatory purposes;provided,that the data is at least as restrictive as the FEMA Mapped Areas,subsection a of this definition. Floodproofing Any combination of structural and nonstructural additions,changes,or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property,water and sanitary facilities,structures,and their contents. Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height,as determined in the Flood Insurance Study.Also referred to as"regulatory floodway." Floodway Fringe The area of the floodplain lying outside the floodway. Functionally Dependent Use A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water.The term includes only docking facilities,port facilities that are necessary for the loading and unloading of cargo or passengers,and ship building and ship repair facilities,and does not include long-term storage or related manufacturing facilities. Hazardous Material "Hazardous material"is any of the following: a. Hazardous waste as defined in ORS 466.005; b. Radioactive waste as defined in ORS 469.300,radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005; c. Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and ORS 433.010 to 433.045 and 433.106 to 433.990; d. Hazardous substances designated by the United States Environmental Protection Agency(EPA)under Section 311 of the Federal Water Pollution Control Act,P.L.92-500,as amended; e. Substances listed by the United States EPA in Section 40 of the Code of Federal Regulations,Part 302— Table 302.4(list of Hazardous Substances and Reportable Quantities)and amendments; f. Material regulated as a chemical agent under ORS 465.550; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 356/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS g. Material used as a weapon of mass destruction,or biological weapon; h. Pesticide residue; i. Dry cleaning solvent as defined by ORS 465.200(9). Highest Adjacent Grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure A landmark or contributing resource structure,or National Register property,as defined in LOC 50.10.003.2, Defmitions. Lowest Floor The lowest floor of the lowest enclosed area(including basement).An unfinished or flood-resistant enclosure, usable solely for parking of vehicles,building access or storage in an area other than a basement area,is not considered a building's lowest floor;provided,that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this ordinance. [Editor's Note:"This ordinance"is the text adopted by Ord.2847,enacting new and amendments to the flood management area provisions(LOC 50.05.011)and related sections.] Manufactured Dwelling A structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.The term"manufactured dwelling"does not include a"recreational vehicle"and is synonymous with"manufactured home." Manufactured Dwelling Park or Subdivision A parcel(or contiguous parcels)of land divided into two or more manufactured dwelling lots for rent or sale. Mean Sea Level "Mean sea level"and other references to elevations are based on the National Geodetic Vertical Datum(NGVD)of 1929 or other datum,to which base flood elevations shown on Lake Oswego Flood Insurance Rate Map are referenced. New Construction "New construction"means structures for which the"start of construction"commenced on or after October 13,1981, and includes any subsequent improvements to such structures. Oswego Lake Oswego Lake includes the main lake and all embayments and canals that have the same elevation as the main lake. Recreational Vehicle A vehicle that is: a. Built on a single chassis; b. Four hundred square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light duty truck;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 357/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel,or seasonal use. Special Flood Hazard Area See"area of special flood hazard"for this definition. Start of Construction Includes substantial improvement and means the date the building permit was issued,provided the actual start of construction,repair,reconstruction,rehabilitation,addition,placement,or other improvement was within 180 days from the date of the permit.The"actual start"means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings,the installation of piles,the construction of columns,or any work beyond the stage of excavation;or the placement of a manufactured dwelling on a foundation.Permanent construction does not include land preparation,such as clearing,grading,and filling;nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement,footings,piers,or foundations or the erection of temporary forms;nor does it include the installation on the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main structure.For a substantial improvement, the"actual start of construction"means the first alteration of any wall,ceiling,floor,or other structural part of a building,whether or not that alteration affects the external dimensions of the building. Structure A walled and roofed building,including a gas or liquid storage tank,principally above ground,as well as a manufactured dwelling. Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement Any reconstruction,rehabilitation,addition,or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction"of the improvement.This term includes structures which have incurred"substantial damage,"regardless of the actual repair work performed.The term does not,however,include either: a. Any project for improvement of a structure to correct existing violations of state or local health,sanitary, or safety code specifications which have been identified by the City enforcement official and which are the minimum necessary to assure safe living conditions;or b. Any alteration of a"historic structure";provided,that the alteration will not preclude the structure's continued designation as a"historic structure." Variance A grant of relief pursuant to subsection 8 of this section from the terms of a floodplain management regulation. Watercourse A bed or channel of a riverine drainageway such as a river,stream,creek,or brook. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 358/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.011-A:Flood Management Area Map A y/ t1 fVxRfwl B aN Pxvnm}.'S+R1M 8`# h� � $i J - . �' ! . I 4� v»rMAIRfl+k1M4NM WPRIC....p4 - -' :-J�".. c• �•"Ii � .` f In[T�,tip.o-" '�' 1u✓i-'-1; . • ' ei •:, ' c.-„:^ .1j_- �.. ' d~ C •t7 iownuww1,1...rt°'�""�"W ,./�1\ .'.3 l y.:� 1_s :.' J •"•.i ` "`,. I '•� ' 1_,I� , . ;,• �i;- -::I'';'� � / ,�'.RIMMrnwmRatlh�d Oi .tW ..:i 7=-5 i .iZI ..l,_ :F`„ i �1.1, . n� -. --o.lnu.. .� W~ �'. ' '�! . ,t! - ' 1�IIP. ,4� ... a. � h#.'ow.xotae a ,. . .. - f.=. :vimd ; .l y'ww .: l _ 9 r._..,..„ { r <5' =1 t ; i,c\ jlV` 11 l y+ J 1 .l 6ff XI i l- 5. It 1: } y of tip_ —f` ., j3:_ ;'"' .., '' ;t r7'Cr :.i =-�-� 1 • J — -,�._J _ - •. P4 , 1 _ .1 �11 L 1' 1 Figure 50.05.011-B:Flood Management Area Map B The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 359/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS :' q .A: 'P� '�.J.1.-' '. '1'111� III? ' _ fop AIM+f l7-0d.Ogsk'bMrd NMipMIM.tr11,Mg1���,.,'kr:�:-( "!f. 1 :` di,. r 1 _: -' �.�. I/�P'I':i ,.AR. 'ilf. 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L i., . ... i.. .. . . . �r 1 /1 ,. .f•i �1 11 5 l illly �• � i i - 4 .s .so y �g . ,� F75,J \ '. • .. tis, 1 , fr x e .� ""': 'l \•'J' 'utad,- r, 1 v 1 'jPS}rtt *"�,� �W �w�s.° rrl Chi It� - /," ��ryrI +$ V�, titi,E t+101• •c,rx.N.; .i>..' 4Ir iI 111� I_`I,•, ' r 11"l !-"F f .4r4 44 �' . •&o'F9• JM --�� l E [ i�I$ f l f .y r-• 'y r f w3 • 5 1 P.:41 1 E 111 1-1I �7 .r l�J:.Rai(/ ,4 /A .'EiSF. c ,_ . ti!s l..,S Lr L1• I I-j=i.F`:Y. 51 `�� •f +�x 1.1 LISP f P:] ; 'e .Y1. }� -M.7"',I 1 V41'F1 ;I rTF:t I p- .'7.-.y''1�,1�+ 1i r'}'* �LiYY_�rfl lrlix' Fo .� lx�vL- 'r f ., . •i16W_r+fi.'s{ � Figure 50.05.011-C:Flood Management Area Map C The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 360/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS x PpMi l0.i.L01Y-A lbafllwapw.ne ME.{ 4 r .I-tip.• J ..A _ rt.: I o-� e.�oo-�„.,...„. a yr/' .. e 3 r fry• fa .._r;„ eataa de.�,.n.,fW.n.e.�i '- sYP ra- 1, .., ':`:''.�LLw....._- ,. �..J Rwc r.¢ae4w.iAN.e.e FbIN Wa.Ei 4 �I w+.y�w.so.oPnorw i,w-n.e.+r+ ^ �* f . ',.:.s r: :;. , �a. as o..2. ` -'%' •f -, ! �-/ -.' fir 71. --] "..i '7! r t t*i..f::.::-7, ''.:4•41C-30 I:. :::i=:::':': '-'7=f-i:_t_rw.,..i::--7,4- . i . q : 4 111 i ' �' '4° !u._fit. ;;s�.` r ..Q.: ' -- b+; `_"��iifil - n5' ' ii Maw; . - .;1: b� �< ,r. [�ui, .h - .;J.�L--. F #!X t''t �' ,,ppqq l-„ - ',_[ LL:.L.VI.1 .:.+j'" .`er r - .1 r. r,y'ra,- -- -._.....:.: a`pF sk. k -'-'.:r rr� # ' ``#S,V:%...,. .yam ' 1t ' isi][iF F - t].]R.. •„_7.�i.Y'. F�y'j .o -_a�,.,:__ —1 ', l 7,, 4. ...-. . . r,. .._. ...- . ._ • • _ill�b:del: 1 .. .1 'llll - �~ . - f"f _ ,fir ` • Figure 50.05.011-D:Flood Management Area Map D The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 361/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS --..,I: f' -ram.-�l ! y �J • I • -- .I•--. --' -L = , ' k ' j � f]' , a j :';`.•l JT,611- _,, 'I_ ,: r� ter. iiif yj top r 'err _E rn .. • ;r�▪. I,45 Y.f E„i'..;•.`SKPV;r:iik:14.0.M.—.1 i'AFF1 - - ▪-I:- il' 'h,- !._fitilr • - Lril r�_ rr - L:: , - --y I- I—,''•' .� . are' Figure 60.46.411-A:Flood Manaxement Area Pimp �� ',' •',� - , d L.;...,vn,....w cn„ra o�.g.,. .. •�.,ms rve.e u..ne„or..sm...L...... ru Rd Ana , z ti -_ \ _ v ha_ (Ord.2847,Amended,01/04/2022;Ord.2603,Amended,3/19/2013;Ord.2579,Repealed and Replaced, 03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 362/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS 4. MAP ADMINISTRATION The purpose of this section is to outline the process for amending the Flood Management Area Map,Figures 50.05.011-A to 50.05.011-D. a. Revision of FIRM(Figures 50.05.011-A to 50.05.011-C) If amendments to the Flood Management Area Map are due to changes to the Special Flood Hazards Areas depicted on Flood Insurance Rate Maps of the National Flood Insurance Program or by Letter of Map Revision(but not including Letter of Map Revision—Fill(LOMR-F)),the amendment shall be dependent upon successful compliance with the map and revision process of the National Flood Insurance Program(44 CFR 65). When an applicant proposes to revise the FIRM,including as a result of a Letter of Map Revision(LOMR)but not including by a LOMR-F,a public hearing shall be held,and notice given in the same manner as for subsection 4.b of this section.The amendment of the Flood Management Area Map shall be recommended by the Planning Commission,and amended by the City Council upon finding that the map revision process of the National Flood Insurance Program(44 CFR 65)was followed and that FEMA has revised the FIRM by the LOMR process. b. Revision of 1996 Flood Map(Figure 50.05.011-D) i. When an applicant proposes revision of the 1996 Flood Map(Figure 50.05.011-D),the application shall be processed per LOC 50.07.003.16 either as a legislative decision or as a quasi-judicial decision.The criteria to adopt the revision shall be as provided in subsection 4.b.ii of this section and provisions of LOC 50.07.003.16.b,including applicable Policies in Sections A and B of the Natural Hazards section of the Comprehensive Plan and LCDC Goal 7. The manner of public notice,and of public hearing before the Planning Commission and City Council shall be: (1) Legislative Decision:See LOC 50.07.003.16. (2) Quasi-Judicial Decision:As provided for major developments in LOC 50.07.003.15.c. ii. The 1996 Flood Map(Figure 50.05.011-D)shall be revised if an applicant demonstrates there is an error in the existence or location of the 1996 Flood Areas. A public hearing shall be held before the Planning Commission for recommendation to the City Council.The City Manager shall provide notice of the public hearing at which the Planning Commission will review the error for compliance with this section.Notice of the hearing shall be sent to property owners who have property that will be included or withdrawn from the Flood Management Area as a result of the change.Notice of the public hearing shall be given in the manner required by LOC 50.07.003.16.e,except that notice shall also be mailed to owners of property within 100 feet of the affected properties.Following the public hearing,the Planning Commission shall make a recommendation to the City Council as to whether the 1996 Flood Map boundaries should be changed. (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 5. DEVELOPMENT REVIEW a. Authority and Criteria Development review is required for all development proposed within the flood management area.The reviewing authority shall review all development permits to: i. Determine that the permit requirements of this section have been satisfied; ii. Determine that all other required local,state,and federal permits have been obtained and approved; iii. Determine if the proposed development is located in a floodway.If located in the floodway assure that the floodway provisions in subsection 6.b.xi of this section,Encroachment within Floodway,are met;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 363/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS iv. Determine if the proposed development is located in an area where base flood elevation(BFE)data is available either through the Flood Insurance Study(FIS)or from another authoritative source.If BFE data is not available then ensure compliance with the provisions of LOC 50.07.004.13.b;and v. Provide to building official the design flood elevation(LODFE)applicable to any structure requiring a development permit; vi. Determine if the proposed development qualifies as a substantial improvement as defined in subsection 3 of this section,Definitions; vii. Determine if the proposed development activity is a watercourse alteration.If a watercourse alteration is proposed,ensure compliance with the provisions in subsection 6.b.vii of this section,Alteration or Relocation of Watercourses; viii. Determine if the proposed development activity includes the placement of fill or excavation. b. Records The City shall maintain for public inspection all records pertaining to the provisions of this section and the submission documents required by LOC 50.07.004.13. [Cross-Reference:See Flood Management Area submittal requirements in LOC 50.07.004.13.] (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 6. FLOOD MANAGEMENT AREA DEVELOPMENT STANDARDS The following standards apply to development,including fill,within the flood management area: a. Permitted Development i. Planting new trees or vegetation excluding plants listed on the Plant List as invasive plants. ii. Restoration or enhancement of floodplains,riparian areas,wetland,upland and streams that meet federal and state standards;provided,that any restoration project which encroaches on the floodway complies with the requirements of subsection 6.b.xi of this section,Encroachment within Floodway. iii. Work necessary to protect,repair,maintain,or replace existing structures,utility facilities,roadways, driveways,accessory uses and exterior improvements in response to emergencies;provided,that within 90 days after the emergency has passed,a development permit application has been filed for approval under the standards and criteria of this section. iv. Except as set forth in subsection 6.b of this section,new culverts,stream crossings,and transportation projects may be permitted if designed as balanced cut and fill projects or designed to not significantly raise the base flood elevation. v. Water dependent uses,such as boathouses,boat docks,decks,boat lifts,piers,or similar structures.When located within the floodway,water dependent uses shall meet the floodway encroachment standards. vi. All uses allowed in the base zone are allowed in the flood management area subject to compliance with this section. vii. Lake-related infrastructure. b. Development Restrictions In the Flood Management Area,the following standards shall be adhered to: i. Fill The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 364/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (1) Fill in the Floodway Fill shall only be placed in the floodway when done in accordance with the floodway encroachment standards of subsection 6.b.xi of this section. (2) Fill—General Provisions The following standards apply throughout the flood management area: (a) Fill is allowed for the construction of stormwater detention facilities or structures,and other facilities such as levees specifically designed to reduce or mitigate flood impacts.Levees shall not be used to create vacant buildable lands. (b) In areas outside of the floodway,fill is permitted under the following conditions: (i) Fill in quantities of ten cubic yards or less is permitted. (ii) Fill in quantities greater than ten cubic yards is permitted within the floodplain of Oswego Lake and the developed areas of its outlets.Fill in quantities greater than ten cubic yards is permitted elsewhere within the flood management area when balanced with removal of an equal amount of material such as sand,gravel,soil,rock,and building material.Only removal of material below the base flood elevation within the same watershed shall be counted as compensating for fill. (iii) Excavation shall not be counted as compensating for fill if such areas will be filled with water in nonstorm winter conditions. (c) Temporary fill during construction is permitted provided it is removed prior to final inspection. ii. Transportation Projects New culverts,stream crossings,and transportation projects shall be designed to minimize the area of fill in the flood management area and to minimize erosive velocities to the extent practicable.Stream crossings shall be as close to perpendicular to the stream as practicable.Bridges shall be used instead of culverts wherever practicable. iii. Storage (1) Hazardous Materials Uncontained hazardous material or development providing for the storage or processing of materials that are buoyant,flammable,explosive,toxic,or that could be injurious to human,animal,or plant life in time of flooding are prohibited in the flood management area.Exceptions include: (a) Materials that are typically used for household purposes and in quantities that are normal for household use. (b) Materials that are typically used for recreational boat operation and maintenance.For a commercial marina or for sites used for lake maintenance in flood conditions,hazardous materials below the base flood elevation must be contained in watertight and secured containers.For residential use,materials are only allowed in quantities that are typical for residence-based recreational boat activity. (2) Other Storage Storage of other materials or equipment is allowed in the flood management area if materials or equipment are: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 365/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (a) Not subject to major damage due to flood; (b) Firmly anchored to prevent flotation;or (c) Readily removable from the area after flood warning. iv. Structures (1) Residential Construction (a) New construction and substantial improvement of any residential structure shall have the lowest floor,including basement,elevated to at or above the LODFE.(See subsection 6.b.iv(4)of this section, Appurtenant Structures,for accessory structure.) (b) Fully enclosed areas below the lowest floor and below the design flood elevation that are subject to flooding shall comply with the flood opening requirements in subsection 6.b.iv(6),Flood Openings. (2) Garages (a) Attached garages may be constructed with the garage floor slab below the design flood elevation (LODFE)in riverine flood zones,if the following requirements are met: (i) If located within a floodway the proposed garage must comply with the requirements of subsection 6.b.xi of this section,Encroachment within Floodway; (ii) The floors are at or above grade on not less than one side; (iii) The garage is used solely for parking,building access,and/or storage; (iv) The garage is constructed with flood openings in compliance with subsection 6.b.iv(6)of this section,Flood Openings,to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater; (v) The portions of the garage constructed below the LODFE are constructed with materials resistant to flood damage; (vi) The garage is constructed in compliance with the standards in this subsection 6,Flood Management Area Development Standards,and subsection 7 of this section,Standards for Construction;and (vii) The garage is constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood. (b) Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection 6.b.iv(4)of this section or nonresidential structures in subsection 6.b.iv(3)of this section depending on the square footage of the garage. (3) Nonresidential Construction New construction and substantial improvement of any commercial,public use,industrial or other nonresidential structure shall: (a) Have the lowest floor,including a basement,elevated to at or above the LODFE;or (b) Together with attendant utility and sanitary facilities,shall: (i) Be floodproofed to the LODFE,so that the structure is watertight with walls substantially impermeable to the passage of water; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 366/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (iii) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design,specifications and plans.Such certifications shall be provided to the City Manager as set forth in subsection 6.b.iv(2)of this section,Garages;and (c) Nonresidential structures that are elevated,not floodproofed,shall comply with the standards for enclosed areas below the lowest floor in subsection 6.b.iv(6)of this section,Flood Openings. (4) Appurtenant Structures Relief from elevation or floodproofmg requirements for residential and nonresidential structures in riverine(noncoastal)flood zones may be granted for appurtenant structures that meet all of the following: (a) Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in subsection 6.b.xi of this section, Encroachment within Floodway; (b) Appurtenant structures must only be used for parking,access,and/or storage and shall not be used for human habitation; (c) In compliance with Lake Oswego Building Code,appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet,or 400 square feet if the property is greater than two acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines.Appurtenant structures on properties that are zoned as nonresidential are limited in size to 120 square feet; (d) The portions of the appurtenant structure located below the LODFE must be built using flood- resistant materials; (e) The appurtenant structure must be adequately anchored to prevent flotation,collapse,and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy,during conditions of the base flood; (f) The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in subsection 6.b.iv(6)of this section,Flood Openings; (g) Appurtenant structures shall be located and constructed to have low damage potential; (h) Appurtenant structures shall not be used to store hazardous material(see subsection 6.b.iii of this section),oil,or gasoline,or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with subsection 7.c of this section,Tanks; (i) Appurtenant structures shall be constructed with electrical,mechanical,and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood. (5) Manufactured Homes (a) New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection 6.b.iv(6)of this section,Flood Openings; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 367/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) The bottom of the longitudinal chassis frame beam shall be at or above one foot above the design flood elevation; (c) New or substantially improved manufactured dwellings shall be anchored to prevent flotation, collapse,and lateral movement during the base flood.Anchoring methods may include,but are not limited to,use of over-the-top or frame ties to ground anchors(reference FEMA's"Manufactured Home Installation in Flood Hazard Areas"guidebook for additional techniques);and (d) Electrical crossover connections shall be a minimum of one foot above the design flood elevation. (6) Flood Openings All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements)are subject to the following requirements. Enclosed areas below the LODFE,including crawl spaces shall: (a) Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters; (b) Be used solely for parking,storage,or building access; (c) Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: (i) A minimum of two openings, (ii) The total net area of nonengineered openings shall be not less than one square inch for each square foot of enclosed area,where the enclosed area is measured on the exterior of the enclosure walls, (iii) The bottom of all openings shall be no higher than one foot above grade. (iv) Openings may be equipped with screens,louvers,valves,or other coverings or devices; provided,that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area. (v) Any additional higher standards for flood openings in the Lake Oswego Building Code, Oregon Residential Specialty Codes Section R322.2.2,shall be complied with when applicable. (7) Crawlspaces(Below Grade) (a) The building must be designed and adequately anchored to resist flotation,collapse,and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy.Hydrostatic loads and the effects of buoyancy can usually be addressed through the required flood openings stated in subsection 6.b.iv(6)of this section.Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional,such as a registered architect or professional engineer.Other types of foundations are recommended for these areas. (b) The crawlspace is an enclosed area below the LODFE and,as such,must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters.The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade. (c) Portions of the building below the LODFE must be constructed with materials resistant to flood damage.This includes not only the foundation walls of the crawlspace used to elevate the building,but The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 368/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS also any joists,insulation,or other materials that extend below the LODFE.The recommended construction practice is to elevate the bottom of joists and all insulation above LODFE. (d) Any building utility systems within the crawlspace must be elevated above LODFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork,in particular,must either be placed above the LODFE or sealed from floodwaters. (e) The interior grade of a crawlspace below the LODFE must not be more than two feet below the lowest adjacent exterior grade. (f) The height of the below-grade crawlspace,measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall,must not exceed four feet at any point.The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas. (g) There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace.The enclosed area should be drained within a reasonable time after a flood event.The type of drainage system will vary because of the site gradient and other drainage characteristics,such as soil types.Possible options include natural drainage through porous,well-drained soils and drainage systems such as perforated pipes,drainage tiles or gravel or crushed stone drainage by gravity or mechanical means. (h) The velocity of floodwaters at the site shall not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second,other foundation types should be used. (8) Structures Located in Multiple or Partial Flood Zones (a) When a structure is located in multiple flood zones on the community's Flood Insurance Rate Maps(FIRM)the provisions for the more restrictive flood zone shall apply. (b) When a structure is partially located in a special flood hazard area,the entire structure shall meet the requirements for new construction and substantial improvements. v. Utilities (1) All new and replacement utilities,such as sanitary sewer,storm drain,water,gas,and power service line shall be designed,located,and constructed to minimize flood damage. (2) All new and replacement water supply systems shall be designed and constructed to minimize infiltration of flood waters into the system. (3) All new and replacement sanitary sewer systems shall be designed and constructed to minimize infiltration of flood waters into the systems and discharge from the systems into flood waters. (4) On-site waste disposal systems(on-site sewerage systems)shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality regulations. vi. Lake-Related Infrastructure New lake-related infrastructure and substantial improvements to lake-related infrastructure shall be permitted provided appropriate permits have been obtained from state and federal agencies. vii. Alteration or Relocation of Watercourses (1) The flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained and maintenance shall be provided within the altered or relocated portion of said watercourse The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 369/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS to ensure that the flood carrying capacity is not diminished.Also comply with LOC 50.07.004.13.a.xiv, Alteration or Relocation of Watercourse,and LOC 50.07.004.13.b. (2) As a condition of approval,the applicant shall submit either: (a) A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained;or (b) Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance,and,as appropriate,notify the Federal Insurance Administration as a Letter of Map Revision(LOMR). (3) The applicant shall submit a Conditional Letter of Map Revision(CLOMR)when required under LOC 50.07.004.13.b.Ensure compliance with all applicable requirements and this subsection. viii. Recreational Vehicles Recreational vehicles placed on sites are required to: (1) Be on the site for fewer than 180 consecutive days(and comply with any more restrictive code requirements,e.g.,LOC 50.03.005.1 and 50.03.005.3);and (2) Be fully licensed and ready for highway use,be on its wheels or a jacking system,is attached to the site only by quick disconnect type utilities and security devices,and has no permanent attached additions. ix. Development Change in Base Flood Elevation When development changes the base flood elevation,the applicant shall submit to FEMA a CLOMR/LOMR application(with a copy of the submitted application to the City)and pay any processing or application fees associated with the CLOMR/LOMR.The City Manager shall be under no obligation to sign the Community Acknowledgement Form,which is part of the CLOMR/LOMR application,until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws. x. Subdivisions/Manufactured Dwelling Parks and Subdivisions All new subdivision proposals and proposals for manufactured dwelling parks and subdivisions shall: (1) Be consistent with the need to minimize flood damage. (2) Have public utilities and facilities such as sewer,gas,electrical,and water systems located and constructed to minimize or eliminate flood damage. (3) Have adequate drainage provided to reduce exposure to flood hazards. xi. Encroachment within Floodway Located within the special flood hazard areas established in the definition of"flood management area," subsection 3 of this section,Definitions,are areas designated as floodways.Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris,potential projectiles,and erosion potential,the following provisions apply,in addition to other standards within this subsection 6: (1) Encroachments are prohibited,including fill,new construction,substantial improvements,and other development within the adopted regulatory floodway unless either: (a) Certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachment would not result in any increase in the flood level during the occurrence of the base flood discharge;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 370/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS (b) Encroachments within an adopted regulatory floodway that would result in an increase in base flood elevations;provided,that a Conditional Letter of Map Revision(CLOMR)is applied for and approved by the Federal Insurance Administrator,and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations,Section 65.12 are fulfilled. (2) If the requirements of subsection 6.b.xi(1)are satisfied,all new construction,substantial improvements,and other development shall comply with all other applicable flood hazard reduction provisions of this subsection 6,Flood Management Area Development Standards and subsection 7 of this section,Standards for Construction. xii. Encroachment into Portions of Tryon,Springbrook and Oswego Creeks(Undesignated Floodway) Along Tryon Creek,Springbrook Creek,and Oswego Creek in areas where a floodway has not been designated,no new construction,substantial improvements,or other development(including fill)shall be permitted within Zones Al-30,AE,and unnumbered A Zones on the FIRM,unless it is demonstrated that the cumulative effect of the proposed development,when combined with all other existing and anticipated development,will not increase the water surface elevation of the base flood more than one foot at any point in the flood management area. xiii. Standards for Shallow Flooding Areas Shallow flooding areas appear on FIRMs as AO Zones with depth designations or as AH Zones with Base Flood Elevations.For AO Zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist,or where the path of flooding is unpredictable and where velocity flow may be evident.Such flooding is usually characterized as sheet flow. (1) Standards for AH Zones Development within AH Zones must comply with the standards in this subsection 6,Flood Management Area Development Standards and subsection 7 of this section,Standards for Construction,and adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. (2) Standards for AO Zones In AO Zones,the following provisions apply in addition to the requirement in this subsection 6,Flood Management Area Development Standards and subsection 7 of this section,Standards for Construction, and adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures: (i) New construction and substantial improvement of residential structures and manufactured dwellings within AO Zones shall have the lowest floor,including basement,elevated above the highest grade adjacent to the building,at a minimum of one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified.For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. (ii) New construction and substantial improvements of non-nonresidential structures within AO Zones shall either: (A) Have the lowest floor(including basement)elevated above the highest adjacent grade of the building site,at a minimum of one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified;or (B) Together with attendant utility and sanitary facilities,be completely floodproofed to a minimum of one foot above the depth number specified on the FIRM or a minimum of two feet above the highest adjacent grade if no depth number is specified,so that any space below that level is watertight with walls substantially impermeable to the passage of water and with The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 371/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.If this method is used,compliance shall be certified by a registered professional engineer as stated in subsection 6.b.iv(3)(b)(iii)of this section,Nonresidential Construction. (Iii) Recreational vehicles placed on sites within AO Zones shall comply with subsection 6.b.viii of this section,Recreational Vehicles. (iv) In AO Zones,new and substantially improved appurtenant structures must comply with the standards in subsection 6.b.iv(4)of this section,Appurtenant Structures. (v) In AO Zones,enclosed areas beneath elevated structures shall comply with the requirements in subsection 6.b.iv(6)of this section,Flood Openings. (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 7. STANDARDS FOR CONSTRUCTION The following standards apply within the flood management area: a. Anchoring i. All new construction,including manufactured homes,and substantial improvements in the flood management area shall be anchored to prevent flotation,collapse,or lateral movement of the structure, resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy. ii. All manufactured dwellings shall be anchored per subsection 6.b.iv(5)of this section,Manufactured Homes. b. Construction Materials and Method i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. iii. Electrical,heating,ventilating,air-conditioning,plumbing,duct systems,and other equipment and service facilities shall be elevated to or above the LODFE or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy,during conditions of flooding.In addition,electrical,heating,ventilating,air- conditioning,plumbing,duct systems,and other equipment and service facilities shall: (1) If replaced as part of a substantial improvement,meet all the requirements of this section. (2) Not be mounted on or penetrate through breakaway walls. c. Tanks i. Underground tanks shall be anchored to prevent flotation,collapse and lateral movement under conditions of the design flood. ii. Above-ground tanks shall be installed at or above the LODFE or shall be anchored to prevent flotation, collapse,and lateral movement under conditions of the design flood. (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 8. FLOOD MANAGEMENT AREA VARIANCE a. Limitation of Variance The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 372/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS The issuance of a variance is for floodplain management purposes only.Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance. b. Applicability Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections 8.c.ii(3),8.c.ii(7)and 8.d of this section.As the lot size increases beyond one-half acre,the technical justification required for issuing a variance increases. c. Variance Requirements i. Variances to the requirements of this section shall only be allowed through variances authorized under this section. ii. To vary from the requirements of this section,the applicant shall demonstrate the following: (1) The variance is for new construction and substantial improvements to be erected on a lot contiguous to and surrounded by lots with existing structures constructed below the base flood level,in conformance with the provisions of subsections 8.c.ii(3),8.c.ii(7)and 8.d of this section; (2) The variance is the minimum necessary,considering the flood hazard,to afford relief; (3) Within any floodway,no increase in flood levels during the base flood discharge would result(which may be demonstrated by a"no rise"analysis by a licensed engineer); (4) A showing of good and sufficient cause; (5) Failure to grant the variance would result in an exceptional hardship to the applicant; (6) Granting the variance will not result in increased flood heights,additional threats to public safety, extraordinary public expense,create nuisances,cause fraud on or victimization of the public,or conflict with existing laws or ordinances;and (7) The variance is for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use,and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. d. Notification to Applicant Upon Issuance of Variance Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the LODFE will result in increased premium rates for flood insurance and that such construction below the LODFE increases risks to life and property.Such notification and a record of all variance actions, including justification for their issuance,shall be maintained in accordance with LOC 50.07.004.13,including LOC 50.07.004.13.a.xii. (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 9. CALCULATIONS FOR DETERMINING SUBSTANTIAL IMPROVEMENTS AND SUBSTANTIAL DAMAGE a. For purposes of determining substantial improvements and substantial damage,the City shall base real market value estimates of the structure on one of the following methods selected by the applicant: i. The most recent real market building values listed in the County assessment records plus any improvements made since the last County appraisal.The value of recent improvements shall be based on building permit documents;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 373/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS ii. An appraisal provided by the applicant conducted by a licensed real estate appraiser selected by the applicant.Such appraisal must provide building market value separate from land value. b. When determining if any reconstruction of an existing structure,or an alteration or addition to an existing structure is a substantial improvement,the City will consider construction improvement values cumulatively on a 12-month period after a final approval.Improvement values shall be based on standard methodologies used to determine construction costs per the FEMA Substantial Improvement/Substantial Damage Desk Reference(FEMA P-758). (Ord.2847,Amended,01/04/2022;Ord.2579,Repealed and Replaced,03/20/2012) 10. DESIGNATION OF FLOODPLAIN ADMINISTRATOR—NFIP ADMINISTRATION The City Manager is hereby appointed to be the Floodplain Administrator to administer,implement,and enforce this section by granting or denying development permits in accordance with its provisions.The Floodplain Administrator may delegate authority to implement these provisions. The Floodplain Administrator shall perform the following administration requirements relating to participation and compliance with the federal National Flood Insurance Program: a. Flood Hazard Boundary Alteration Notify the Federal Insurance Administrator in writing whenever the boundaries of Lake Oswego have been modified by annexation or Lake Oswego has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area,to ensure that all Flood Hazard Boundary Maps(FHBM) and Flood Insurance Rate Maps(FIRM)accurately represent the community's boundaries.Include within such notification a copy of a map of Lake Oswego suitable for reproduction,clearly delineating the new corporate limits or new area for which Lake Oswego has assumed or relinquished floodplain management regulatory authority. b. Substantial Improvement and Substantial Damage Assessments and Determinations i. Conduct substantial improvement(SI)(as defined in subsection 3 of this section)reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with LOC 50.07.004.13.b. ii. Conduct substantial damage(SD)(as defined in subsection 3 of this section)assessments when structures are damaged due to a natural hazard event or other causes. iii. Make SD determinations whenever structures within the special flood hazard area(as established in this section)are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord.2847,Added,01/04/2022) 50.05.012 UPLANDS R-10 OVERLAY DISTRICT Revised 4/23 1. PURPOSE The purpose of the overlay is to ensure that development in the overlay district promotes the unique character of the Uplands neighborhood as described in the Uplands Neighborhood Plan. (Ord.2734,Added,05/02/2017) 2. APPLICABILITY This section applies to lands within the Uplands R-10 Overlay District,as shown on Figure 50.05.012-A:Uplands R-10 Overlay District. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 374/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS Figure 50.05.012.-A:Uplands R-10 Overlay District �i LJ I - i. �: w.ew.w. Aga 1. I -----9.— IL -1- , : Uplands Neighborhood A � -- Uplands R-10 Overkay District NI b' µ'° �"" "' "" Uplands Nettjbbnthond Houndary m.+ ll Fart 1 (Ord.2734,Added,05/02/2017) 3. RELATIONSHIP TO OTHER STANDARDS To the extent that any requirement of this overlay imposes a regulation relating to the same matter as a regulation applicable to the residential low density zones,flag lots,or circulation and connectivity,this section shall prevail. (Ord.2734,Added,05/02/2017) 4. FRONT YARD SETBACK AVERAGING a. Applicability The front yard setback averaging required by this subsection 4 shall apply to lots with a lot depth greater than 120 ft. Exemption:Triangular lots and flag lots are exempt from the requirements of this subsection 4. b. Front Yard Setback Averaging Front yard setbacks shall conform to the averaging standards in Table 50.05.012-1. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 375/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS TABLE 50.05.012-1—FRONT YARD SETBACK AVERAGING Non-Corner Lot Corner Lot Front Yard Setback[1][2] Average of the setbacks of the Average of 25 ft.and the setback (See Figure 50.05.012-B) closest buildings on the abutting of the closest building on the lots on the same block face abutting lot on the same block face Minimum Front Yard Setback Where the average is less than 25 ft.: The minimum setback is 25 ft. Where the average is more than 40 ft.: The minimum setback is 40 ft. [1]Abutting flag lots shall not be considered in determining the average.The setback of the next abutting non-flag lot shall apply.See Figure 50.05.012-B. [2]If the lot abuts a vacant lot,or there are no abutting lots on the same block face,the setback of the underlying zone shall apply. Figure 50.05.012-B ❑c rvct On Abutting lot to use for front setback averaging -16.wmv nog LW r 7 1 Subject propertyL .1 ri. •---+ e i 1,-,..r A '—CT: B Lot a= Vacant _ ---i Use 25ft. NoLotA •--- A _ (Comer) 4_ _ • Ulse 25 ft. C B (Ord.2734,Added,05/02/2017) 5. FLAG LOTS In addition to the standards in LOC 50.05.012.6 and 50.05.012.7,the following standards apply to flag lots: a. Only one flag lot may be created behind a non-flag lot.No flag lot may be created from an existing flag lot. b. Access Access lanes shall not extend or project through the flag lot to abutting property. c. Lot Configuration Requirements i. Determination of Front Yard The front yard of a flag lot is measured from the lot line that is most parallel and closest to the street. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 376/669 LOC 50.05:OVERLAY AND DESIGN DISTRICTS d. Building and Site Design Standards i. Building Orientation There is no building orientation requirement. ii. Maximum Structure Height (1) In no case shall the maximum height of structures established pursuant to LOC 50.07.007.2.e.iii exceed 30 feet. (2) The additional height allowed pursuant to LOC 50.07.007.2.e.iii(4)and LOC 50.04.001.1.g is not permitted. (Ord.2797,Amended,11/06/2018;Ord.2734,Added,05/02/2017) 6. LIMITATION ON IMPERVIOUS SURFACES a. No more than 50%of the lot may be covered with impervious surfaces. b. The area between the front lot line and the nearest edge of the building footprint shall not be covered by more than 30%of impervious surface. (Ord.2734,Added,05/02/2017) 7. STRUCTURE DESIGN a. Maximum Permitted Height The maximum permitted height for primary structures,regardless of slope,is 30 ft. b. Height—Additional Standards i. The additional height allowed pursuant to LOC 50.04.001.1.g is not permitted. c. Side Yard Setback Plane—Interior Yards i. Except as set forth in LOC 50.06.001.2.e.ii,the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 ft.and slopes toward the center of the lot at a slope of 6:12 up to the maximum allowed height at the peak. ii. Roof forms may penetrate into the side yard setback plane per LOC 50.06.001.2.e.i. (Ord.2734,Added,05/02/2017) 8. ON-SITE CIRCULATION—DRIVEWAYS AND FIRE ACCESS ROADS Revised 4/23 a. Driveway Approaches—Locational Limitations and Restrictions Only one driveway access point shall be permitted along each lot frontage. Exception:For a minor partition with a flag lot,access to both parcels shall be consolidated unless shown to not be practicable.Circular driveways are not allowed with this exception. (Ord.2909,Amended,02/07/2023;Ord.2734,Added,05/02/2017) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 377/669 LOC 50.06:DEVELOPMENT STANDARDS LOC 50.06:DEVELOPMENT STANDARDS Revised 4/23 50.06.001 BUILDING DESIGN Revised 4/23 50.06.002 PARKING 50.06.003 CIRCULATION AND CONNECTIVITY 50.06.004 SITE DESIGN Revised 4/23 50.06.005 PARK AND OPEN SPACE CONTRIBUTIONS 50.06.006 GEOLOGIC HAZARDS AND STORMWATER MANAGEMENT 50.06.007 SOLAR ACCESS 50.06.008 UTILITIES Revised 4/23 50.06.009 HISTORIC PRESERVATION 50.06.010 MAINTENANCE AND OPERATION 50.06.011 REPEALED 50.06.001 BUILDING DESIGN Revised 4/23 1. APPLICABILITY This section is applicable as follows: TABLE 50.06.001-1:BUILDING DESIGN STANDARDS APPLICABILITY /A/=Applicable/blank/=Not Applicable Base District R-15 R-10 R-7.5 R-6 R-5 Additional Standards Structure Design 50.05.006,Old —Residential A A A A A l Town []Zones 50.06.001.2 Neighborhood Design Garage 50.05.006,Old Appearance and Town A A A A A Location Neighborhood 50.06.001.4 Design Zone Additional Standards A 50.06.001.3(R-6) Commercial, Industrial,and Multi-Family Not Located in FMU A[2][3] Zone Standards for Approval 50.06.001.5 Development Located in FMU Zone Standards A[4] for Approval 50.06.001.6 Notes: [I]Structure design standards only apply to detached single-family dwellings and middle housing,and structures that are accessory to these development types(see LOC 50.06.001.2.a). [2]Ministerial development:development involving mechanical equipment,limited to LOC 50.06.001.5.b.viii (mechanical equipment screening). [3]Minor and major development:development involving a structure for commercial,industrial,institutional,public use(including major public facilities and minor public facilities),multi-family residential,townhouses(three or more units),and to all minor development within the R-DD zone.This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 378/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.001-1:BUILDING DESIGN STANDARDS APPLICABILITY /A/=Applicable/blank/=Not Applicable Base District R-15 R-10 R-7.5 R-6 R-5 Additional Standards [4]Development involving either mechanical equipment,or development involving structures,or both,including new development and exterior modifications,in the FMU zone. (Ord.2892,Amended,06/07/2022;Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. STRUCTURE DESIGN—RESIDENTIAL ZONES a. Applicability i. In the R-0,R-2,R-3,and R-5 zones,this subsection applies only to the following types of development: (1) Detached single-family dwellings; (2) Middle housing;and (3) Structures that are accessory to these development types listed above. ii. This subsection is applicable to all structures in any other base residential districts,except R-W and R-DD. iii. Conversions of single-family dwellings that result in the creation of middle housing and are not classified as an expansion or addition are exempted from the standards of this subsection;provided,that the conversion does not increase nonconformance with applicable standards. iv. For additions to single-family dwellings that result in the creation of middle housing,this subsection 2.a shall apply only to the newly added and any replaced portion(s)of the structure.Existing nonconforming portions of the structure to remain in place are exempted from the standards of this subsection. b. Street Front Setback Plane Except as set forth in LOC 50.06.001.2.d and for flag lots,the profile of a structure that fronts on a street shall fit behind a plane that starts at the setback line(front yard or side yard abutting a street)and extends upward to 20 ft.in height,then slopes toward the center of the lot up to the maximum base height of the zone,as illustrated below in Figure 50.06.001-A:Street Front and Street Side Setback Plane.Except as identified in LOC 50.06.001.2.d,the finished grade at the foundation shall be used as the grade elevation at the setback line for purposes of measuring the setback plane. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 379/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-A:Street Front and Street Side Setback Plane street front setback plena— slope r6:12 111 l 6 I i req redhut ad setback Max.hdSB tidight ttteet side yard setbaca plane slope o 12:12 max.base height T 12 1 21F 12 I —_ /J �f —required side --_— yard setback.-- — — — abutting a street -' The slope of the street front setback plane is dependent upon whether it applies to a front yard or side yard abutting a street,as follows: i. Front yard—6:12 slope,or ii. Side yard abutting a street—12:12 slope. c. Street Front Setback Plane Exceptions The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 380/669 LOC 50.06:DEVELOPMENT STANDARDS i. Roof Form Any individual roof form,such as a dormer or gable end,may penetrate the street front setback plane if it is less than one-third of the structure width,as illustrated in Figure 50.06.001-B:Exceptions to Street Front Setback Plane.Two or more separate and distinct roof forms may penetrate the street front setback plane if they are less than one-half of the structure width.For the purposes of this standard,a projecting dormer(s)must be enclosed in the roof form on at least two sides.All portions of a compliant dormer may project. Figure 50.06.001-B:Exceptions to Street Front Setback Plane Projection Width Formula(one roof feature): y<(xl 3) Projection width=y Projection width=y • w I I I I I I -- I Side View Front View 20'3 ap View (reduced) Structure width=x Svvcpce width=x Projection Width Formula(multiple roof features): y5(xI2) Proleccion width y Projection width:y yl+y2+y3 f/J ryl r•-" r Side View Front View 20 • ffll ` (reduced Structure width=x Structure width= ii. Plane Extension Limitations Any eaves,bay windows,chimneys and other decorative features,front porch,cornices,eaves,gutters,belt courses,leaders,sills,pilasters,lintels,omamental features,and other architectural features,canopies, sunshades,chimneys,and flues that are allowed to project into the front yard setback shall fit below the extension of the street front setback plane,as illustrated in Figure 50.06.001-C. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 381/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-C:Extension of Street Front Setback Plane • ri 2 Side C• A ►I Legend A Front Yard Setback 3 Maximum Structure Street Front Setback Plane Street Front Setback Plane in Front Yard io:12 5Iope1 d. Street Front Setback Plane on Steeply Sloped Lots i. Down Slope On steeply sloped lots where the average elevation of the ground surface at the setback line fronting a street is below the average elevation of the centerline of the street,the elevation at which the street front setback plane height is measured shall be the average elevation of the centerline of the street,as illustrated in Figure 50.06.001-D:Street Front Setback Plane on Steeply Sloped Down Slope Lot,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 382/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-D:Street Front Setback Plane on Steeply Sloped Down Slope Lot frank setback plane • slope:6:12 ---. 12. 6 20.I MI 11 cinimins property time —L1 J measured at the front building tine, F r ROWthe trent selhadk plane is 20'up from tfw average stra¢t centerline elevation front setback For this measurement,the average elevation of the street centerline shall be measured at points along the street centerline where a perpendicular line extended from the centerline would intersect the abutting property corners,as illustrated in Figure 50.06.001-E:Measurement Locations,below. Figure 50.06.001-E:Measurement Locations .f L i 1 /+: .._..ir . I 4 I Sheet Centerline Elevation hlearuremeM Pofrrtr' errr-YM Street Stthack Mena LarAtinns. 'it ttre.vnterline is cowed,rhemeasurerrrwr[ppinh haM be perp•ndkula ro aline that Is.langent to die curve, ii. Upslope The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 383/669 LOC 50.06:DEVELOPMENT STANDARDS The front profile of a structure shall fit behind a plane that starts at the setback line fronting a street and extends upward,to 24 ft.in height,then slopes toward the center of the lot at a slope equal to the slope measured from the lot line abutting a street to the most distant point of the structure for a horizontal distance of ten ft.,at which point the structure may rise to the maximum allowed height for the zone.The standard is illustrated in Figure 50.06.001-F:Front Setback Plane on Upslope Lots,below. Figure 50.06.001-F:Front Setback Plane on Upslope Lots Maximum heiglbt allowed on sloped lots Slope of street front ..... setback plane is equal to Hie slope ... between the lot line obunhlrtg a public street and are mos! + dlslarrt point of the mixture. 24' Stttet 1 Reiquited I e. Side Yard Setback Plane—Interior Yards Except as set forth in subsection 2.e.ii of this section,the side profile of a structure shall fit behind a plane that starts at the side property line and extends upward to 12 ft.and slopes toward the center of the lot at a slope of 12:12 up to the maximum allowed height at the peak as illustrated in Figure 50.06.001-G:Side Yard Setback Plane,below.The finished grade at the foundation shall be used as the grade elevation at the setback line for purposes of measuring the setback plane. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 384/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-G:Side Yard Setback Plane A lawed .� p w Property Projection • - `= brie • �J 12 4 `. Maximum +f+ - ! ,• Ease 12 — - — .- Height — rr■� i i ■i ■■ 12' l r■ s ■ i■■ r ■r 1 ■ Mil r i�ryYll I 4 - Side Yard Setback Side Yard Setback i. Roof forms may penetrate into the side yard setback plane required under subsection 2.e of this section,as follows: (1) Any individual roof form,such as a dormer or gable end,may penetrate the side setback plane if it is less than one-third of the structure length at 12 ft.in height.Two or more separate and distinct roof forms may penetrate the side setback plane if they are less than one-half of the structure length at 12 ft.in height. For the purposes of this standard,a projecting dormer(s)must be enclosed in the roof form on at least two sides.All portions of a compliant dormer may project. (2) Building projections allowed under LOC 50.04.003.8,General Exceptions for Building Projections, Decks,and Walkways and Pathways to Setbacks,may project up to two ft.into the side yard setback plane.Chimneys are exempt from the setback plane requirement. ii. On steeply sloped lots,no side yard plane is required. f. Side Yard Appearance and Screening At least one of the following design treatments shall be applied along side yards or side elevations.This section is applicable to both interior side yards and side yards that abut streets. i. Treatment 1—Maximum Side Yard Plane (1) When the side elevation of a primary structure is more than 500 sq.ft.in area in an R-0,R-2,R-3,R- 5,or R-6 zone("Group 1")or more than 750 sq.ft.in area in an R-7.5,R-10,or R-15 zone("Group 2"), the elevation must be divided into distinct planes of 500 sq.ft.or less for Group 1 or 750 sq.ft.or less for Group 2.For the purpose of this standard,areas of side yard wall planes that are entirely separated from other wall planes are those that result in a change in plane,such as a recessed or projecting section of the structure that projects or recedes at least two ft.from the adjacent plane,for a length of at least six ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 385/669 LOC 50.06:DEVELOPMENT STANDARDS (2) Except in the R-0,R-2,R-3,and R-5 zones,the maximum side yard plane may be increased by 10% on a side for every additional five ft.of side yard setback provided beyond the minimum required by the zone,on the side property line. ii. Treatment 2—Side Yard Features (1) The side elevation of a structure shall consist of two or more planes that are offset by a minimum of 16 in.The wall planes shall be a minimum of four ft.in width,and shall result in a change in a wall plane for one full story. Exception:Window bays may be utilized to satisfy the requirement for offsets.Such windows shall extend a minimum of 12 in.outward from the main wall of a building and shall form a functional bay or alcove in an interior room.Bay windows used to meet this requirement shall not be exempt from setback requirements. (2) Walls shall include a roof eave overhang of 16 in.or greater,and (3) Windows and/or doors shall occupy a minimum of 15%of the side elevation facing the street,and all windows shall have a window trim that is a minimum of four in.in width. iii. Treatment 3—Screening The applicant shall provide screening and buffering of the wall plane with a minimum of one standard plant unit for every 50 linear ft.of side building elevation or fraction thereof.Planting shall occur within an area that is defined by the length of the side elevation plus 20 ft.beyond the width of the building at either end,and outward 20 ft.from the side elevation of the building,towards the side lot line,as shown in Figure 50.06.001- H:Screening and Buffering. Figure 50.06.001-H:Screening and Buffering STREET Ff ► 2G' 2G v - - Flantirie'Ata a: _ 1sJ ti . . .',PlantIng-Area . . �► 2k• 20• 1 No screenirra' qu!red—nreem Maximum Side Yard Plane Standard Plant Units are defined in Table 50.06.001-2.All landscape plants shall be grouped and clustered within the side yard to visually break up wall planes into smaller segments. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 386/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.001-2:STANDARD PLANT UNITS Standard Plant Unit Alternative Quantity—Minimum Size and Type of Illustration Plants Required Standard Unit A 1—3"caliper canopy tree 2—1-1/2"caliper under story tree 13—3'high shrubs Standard Unit B* 1—3"caliper canopy tree 1—1-1/2"caliper under story tree 1—6'high evergreen tree 11—3'high shrubs Standard Unit C* 2—1-1/2"caliper under story tree 3—3'high evergreen trees . + 7—3'high shrubs ** Standard Unit D** 2-3"caliper canopy tree 3—3'high shrubs Standard Unit E* Minimum 10'long trellis,arbor,or pergola(minimum 6'tall) 1—1-1/2"caliper under story tree 10—climbing plants(native) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 387/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.001-2:STANDARD PLANT UNITS Standard Plant Unit Alternative Quantity—Minimum Size and Type of Illustration Plants Required • *Preferred for year around screen. **May be required where vision clearance is required for safe automobile operation. Existing landscaping may be used to meet the screening requirement provided the landscaping meets the minimum size requirements set forth above or if multiple plants exist,the caliper,dimensions,and sizes of plants cumulatively meet the cumulative minimum sizes required. (1) To use the screening option,the following standards must exist or be provided: (a) A minimum distance of 15 ft.between dwellings, (b) Columnar tree species shall be used when the setback is less than ten ft.,and (c) Root barrier techniques shall be used to avoid root growth damage to foundations. g. Corner Lots—Side Yards That Abut Streets As an alternative to the treatments set forth in this subsection 2.f,Side Yard Appearance and Screening,on a corner lot,either of the following treatments can be used for the side elevation that abuts a street: (1) Corner Treatment 1—Covered Side Porch The side yard elevation shall include a covered porch.The porch shall be a minimum of 80 sq.ft.in area,a minimum of five ft.deep,and shall extend along a minimum of 25%of the side elevation that faces the street.The porch must meet setbacks. (2) Corner Treatment 2—Balcony The side yard elevation shall include a second floor balcony.The balcony shall be a minimum 30 sq.ft.in area,and a minimum of three ft.deep.The balcony may encroach four ft.into the setback. h. Long Wall Planes To break up building mass and provide greater privacy on narrow lots,on a lot that has greater than 2.5:1 ratio of lot depth to the average of the lengths of the front and rear setback lines,no portion of a residential structure shall exceed 18 ft.high for a cumulative length greater than 60 ft.,unless the excess portion of the residential structure more than 18 ft.high beyond the 60 ft.cumulative length is set back not less than 20 ft.from the side lot lines.This is illustrated in Figure 50.06.001-I:Changes to Wall Planes,below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 388/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-I:Changes to Wall Planes Harrow lot Ratio: ratio=[&C)fzA a SV'tall• r LB-rail and Zn'side setbacks sV r.idonerd veitb :s laat t hRebnnn this standard applIm wkwn ratio 3.3.5 Iwraar than 50' width pc) —_--md Mback • 1 . q a)40 44 width(B]-�_ - - 4' 4 _ i ragnirad - s :, l Ct< l I • i. Rooftop Decks Rooftop decks are prohibited on the pitched portion of any roof exceeding 2%slope.Decks on flat roofs shall not extend above the coping of the roof. (Ord.2892,Amended,06/07/2022;Ord.2832,Amended,01/07/2020;Ord.2732,Amended,02/21/2017;Ord.2643, Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 3. R-6 RESIDENTIAL ZONE ADDITIONAL REQUIREMENTS CO a. Roof Design i. The minimum roof pitch for primary roof forms of a single-family or middle housing dwelling shall be 6:12.Shed type and flat roofs are not permitted as primary roof forms on single-family or middle housing dwellings.Secondary roof forms,such as sunrooms,balconies,dormers,porticos,or bays,may be flat or shed roof types.See Figure 50.06.001-J:Identification of Primary and Secondary Roofs. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 389/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-J:Identification of Primary and Secondary Roofs PRIMARY ( , -_._. lei ' Ill SECONDARY 4. it II____--- .* ill + ,._— ii. Roof pitch on an accessory structure shall either match the pitch of the primary structure or be a minimum pitch of 6:12. b. Front Porch Required i. All new primary structures shall include a covered front porch at an entry.When applied to cottage clusters, this standard applies to cottages for which there are no other structures between it and the front lot line. ii. The porch shall have a minimum depth of six ft.and a minimum width of either 50%of the building width, as measured within 40 ft.of the front lot line,or 15 ft.,whichever is greater.See Figure 50.06.001-K: Minimum Front Porch Width. iii. On corner lots,the covered front porch and entry shall be provided on the narrow street frontage.On lots with more than two street frontages,the front porch and entry shall be provided on the front yard providing the full depth required by the zone,as determined by LOC 50.04.003.6. iv. The covered front porch shall be open and unobstructed by structures on the side of the porch that faces the narrow street,except for porch supports and railings.Porch supports shall be provided on the front porch and shall be wood or masonry or a solid material with the appearance of wood or masonry.Railings shall not exceed 44 in.in height or the minimum height required by the building code,whichever is greater. v. A pedestrian path shall provide direct access from the front porch to the public street/sidewalk.On corner lots,the pedestrian path shall connect to the public street/sidewalk on the narrow street frontage. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 390/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-K:Minimum Front Porch Width Dwelling within 40' No Portion of Dwelling within of Front Lot Line 40'of Front Lot Line Porch Building Width 15'min Porch 40 feet 40 feet 50%of building width STREET c. Alleys Alleys shall be surfaced in the following manner: i. Alleys that serve single-family or middle housing residences only shall be paved with gravel or permeable material. ii. Alleys that serve commercial or multi-family development,major public facilities structures,or institutional uses shall be paved with asphalt or concrete. d. Street Trees Two street trees for every 50 ft.of street frontage are required as a condition of approval of a new structure.Existing street trees can be counted in order to comply with this requirement,as long as the type,location and viability of the existing trees are sufficient to provide a full streetscape of trees. (Ord.2892,Amended,06/07/2022;Ord.2840,Amended,06/16/2020;Ord.2648,Amended,02/17/2015;Ord. 2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 4. GARAGE APPEARANCE AND LOCATION 0 a. R-0,R-2,R-3,R-5,R-7.5,R-10,and R-15 Residential Zones The following standards for garage appearance and location shall be applicable: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 391/669 LOC 50.06:DEVELOPMENT STANDARDS i. Applicability Limited to Dwelling Type in the R-0,R-2,R-3 and R-5 Zones The garage appearance and location standards of this section shall apply to the following types of development: (1) Detached single-family dwellings;and (2) Middle housing. ii. Garage Wall Facing Street When a garage has wall(s)other than the wall containing the garage opening facing a street,these wall(s)shall have more than one plane or shall include fenestration equal to at least ten percent of the garage wall. iii. Garage Design Requirements Due to Location The standards in subsection 4.a.iv of this section shall not apply in any one of the following circumstances: (1) The garage is 20 ft.or more back from: (a) The point of the dwelling closest to the front lot line,and (b) If applicable,the point of the dwelling closest to the street side yard line; (2) The garage is side-loading; (3) The garage is rear-loading; (4) The lot is a steeply sloped lot;or (5) The garage is proposed to be set back at least 60 ft.from the public right-of-way. Figure 50.06.001-L:Garage Design Requirements f %" - 111 ■ ■1S_ t ` f r .:2 'fill. a.ai,,,M.r.. ,,Lic_i_ lit ` - - -.1- . abi cavaWe;ate h+xrg iv. Garage Location and Appearance The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 392/669 LOC 50.06:DEVELOPMENT STANDARDS The garage shall comply with subsections 4.a.iv(1)through(3)of this section: (1) Maximum Garage Width (a) For lots with a width of 50 ft.or more,garage openings shall not occupy more than 60%of the width of the combined facade of the dwelling and garage. (b) For lots with a width of less than 50 ft.,garage openings may occupy up to 75%of the width of the front facade of the dwelling and garage when the following criteria are satisfied: (i) The total combined width of all garage openings does not exceed 36 ft.; (ii) Living area is provided above the garage.The front facade of the living area must have fenestration that is not less than 20%of the facade;and (iii) The garage location and appearance standards in Table 50.06.001-2,below. TABLE 50.06.001-2:GARAGE LOCATION AND APPEARANCE STANDARDS Width of Garage as Percent of Front Minimum Garage Setback Minimum Number of Garage Facade 50.06.001.4.a.iv.2 Appearance Standards 50.06.001.4.a.iv.3 Less than 30% None 2 30%to 60% 2 ft. 3 60%to 75% 4 ft. 4 (2) Minimum Garage Offset from Dwelling (a) If the width of the garage is less than 30%of the width of the front facade of the dwelling,then the garage shall not be located closer to the street than the dwelling.For the purpose of meeting this subsection,the exterior wall of at least one room of habitable space,other than any habitable space above the garage,shall be located closer to the street than the garage door.Habitable space above a garage shall be considered an acceptable method of meeting this standard for remodeling projects involving homes built prior to August 2004 in the R-5,R-7.5,R-10,and R-15 zones,and July 1,2010, in the R-0,R-2,and R-3 zones. (b) If the width of the garage exceeds 30%of the width of the front facade of the building,then the garage must set back further from the front lot line than the dwelling.The minimum additional garage setback is provided in Table 50.06.001-2. (c) If the garages for the units are adjacent to one another,the horizontal planes of the garage doors shall be offset no less than two ft. (3) Garage Appearance Standards Garages shall comply with a minimum number of the following appearance standards intended to minimize the appearance of the garage.The minimum number of appearance standards that must be met is provided in Table 50.06.001-2. (a) Provide individual garage doors,not to exceed 75 sq.ft.each,for each parking stall. (b) Provide separate garage openings offset from one another by at least two ft.horizontally. (c) Provide windows on each garage door that make up a minimum of 15%of the area of the door. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 393/669 LOC 50.06:DEVELOPMENT STANDARDS (d) Provide a decorative trellis,pergola,or other feature that will provide a shadow line giving the perception that the garage opening is recessed.The feature shall be provided across the top and along the width of the garage door(s)and shall be at least 12 in.deep and six ft.tall. (e) Provide a covered porch that occupies at least 25%of the combined facade of the dwelling and garage. (t) Provide a patio with a surrounding screening wall at a height of four ft.located between the front of the house,the garage,and the public right-of-way.The enclosure shall consist of wood,wrought iron,brick,stucco,stone,or other masonry fencing(excluding concrete block)and include an operable entryway gate as shown in Figure 50.06.001-L:Garage Design Requirements. v. Multiple Garage Opening Setbacks In any instance where a garage or a set of adjacent garages is designed to park three or more vehicles,only the garage openings for the first two vehicles may occupy the same building plane.Each additional building plane with a garage opening shall be set back by a minimum of two ft.from the previous garage building plane. Exceptions: (1) The lot is a steeply sloped lot; (2) The width of a parcel is less than 50 ft.;or (3) The garage is proposed to be set back at least 60 ft.from the public right-of-way. b. R-6 Residential Zones In addition to compliance with the accessory structure setback requirements in LOC 50.04.001.2,a garage shall comply with the following requirements: i. Access (1) Garages shall be accessed from an alley,if available. (2) If a property is located on a corner lot,garages may also be accessed from the street that abuts the side of the primary dwelling when the following criteria are met: (a) The garage is located between the primary structure and the alley,if an alley abuts the lot; (b) The garage is set back a minimum of 15 ft.from the side street property line;and (c) The garage is set back a minimum of two ft.from a line extended from the side elevation of the primary dwelling to the rear lot line,and behind the primary structure.See Figure 50.06.001-M:Front Porch and Garage Measurements. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 394/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-M:Front Porch and Garage Measurements AVENUE .5 nieuc rrovwin }1s`s ri rLOxuGrrro€WA5 1/ 94Ti C IJ L ii. Garage Wall Facing Street When a garage has a wall(s)facing a street other than the wall containing the garage opening,these wall(s) shall have more than one plane or shall include fenestration equal to at least ten percent of the garage wall. iii. Garage Width (1) For interior lots,garages shall be located so that the garage is set back a minimum of 15 ft.behind the front yard setback line of the house(excluding a porch).See Figure 50.06.001-M:Front Porch and Garage Measurements. (2) Where no alley access is available,the garage shall comply with the following standards: (a) For lots with a width of 50 ft.or more,the garage opening shall not occupy more than 60%of the width of the combined facade of the dwelling and garage. (b) For lots with a width of less than 50 ft.,garages may occupy up to 75%of the width of the combined front facade of the dwelling and garage when the following criteria are satisfied: (i) The total combined width of all garage doors does not exceed 36 ft.;and (ii) Living area is provided above the garage.The front facade of the living area must have fenestration that is not less than 20%of the facade. (c) If the garages for the units are adjacent to one another,the horizontal planes of the garage doors shall be offset no less than two ft. iv. Garage Location and Appearance (1) Minimum Garage Offset from Dwelling The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 395/669 LOC 50.06:DEVELOPMENT STANDARDS (a) If the width of the garage is less than 30%of the width of the front facade of the dwelling,then the garage shall not be located closer to the street than the dwelling.For the purpose of meeting this subsection,the exterior wall of at least one room of habitable space,other than any habitable space above the garage,shall be located closer to the street than the garage door.Habitable space above a garage shall be considered an acceptable method of meeting this standard for remodeling projects involving homes built prior to July 7,2022. (b) If the width of the garage exceeds 30%of the width of the front facade of the building,then the garage must set back further from the front lot line than the dwelling.The minimum additional garage setback is provided in Table 50.06.001-2. (2) Garage Appearance Standards Garages shall comply with a minimum number of the following appearance standards intended to minimize the appearance of the garage.The minimum number of appearance standards that must be met is provided in Table 50.06.001-2. (a) Provide individual garage doors,not to exceed 75 sq.ft.each,for each parking stall. (b) Provide separate garage openings offset from one another by at least two ft.horizontally. (c) Provide windows on each garage door that make up a minimum of 15%of the area of the door. (d) Provide a decorative trellis,pergola,or other feature that will provide a shadow line giving the perception that the garage opening is recessed.The feature shall be provided across the top and along the width of the garage door(s)and shall be at least 12 in.deep and six ft.tall. (e) Provide a covered porch that occupies at least 25%of the combined facade of the dwelling and garage. (f) Provide a patio with a surrounding screening wall at a height of four ft.located between the front of the house,the garage,and the public right-of-way.The enclosure shall consist of wood,wrought iron,brick,stucco,stone,or other masonry fencing(excluding concrete block)and include an operable entryway gate as shown in Figure 50.06.001-L:Garage Design Requirements. (Ord.2892,Amended,06/07/2022;Ord.2840,Amended,06/16/2020;Ord.2643,Amended,11/04/2014;Ord.2579, Repealed and Replaced,03/20/2012) 5. COMMERCIAL,INDUSTRIAL,AND MULTI-FAMILY DEVELOPMENT NOT LOCATED IN THE FMU ZONE,AND MINOR DEVELOPMENT IN THE R-DD ZONE STANDARDS FOR APPROVALRevised 4/23 115) a. Applicability This standard is applicable in all zones except the FMU zone to: i. Ministerial development:development involving mechanical equipment,limited to LOC 50.06.001.5.b.viii (mechanical equipment screening);and ii. Minor and major development:development involving a structure for commercial,industrial,institutional, public use(including major public facilities and minor public facilities),private recreational use,multi-family residential,townhouses(three or more units),and to all minor development within the R-DD zone.This standard is also applicable to exterior modifications of a structure which does not qualify as a ministerial development pursuant to LOC 50.07.003.13.a.ii(3). b. Design Standards The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 396/669 LOC 50.06:DEVELOPMENT 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 building design standard with regard to: (1) Materials; (2) Setbacks(for retail/commercial part specifically); (3) Rooflines; (4) Height;and (5) Overall proportions. Exceptions: (1) This standard does not apply to seasonal restaurant enclosures. (2) If there are existing buildings on a multibuilding site,the new building is exempt from this standard and must comply with subsection 5.b.ii of this section. 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. Where a residential building is to remain,a lot meeting the zone requirements must be provided. iii. Design bus shelters,drinking fountains,benches,mailboxes,etc.,to be complementary in appearance to buildings. iv. Design those elements listed below to be complementary in appearance to those buildings or structures upon which they are associated: Awnings Signs Chimneys Stairs Decks and railings Utility connections and meters Doors Vents Downspouts Windows Foundations Weather vanes,aerials,and other appendages attached to the roof or projecting above the Lights roofline Mailboxes Mechanical equipment v. Design awnings,seasonal restaurant enclosures,signs,and lights to define the first floor or retail cornice height. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 397/669 LOC 50.06:DEVELOPMENT STANDARDS vi. Use trees and other natural elements to help define building proportion relationships and to provide scale to the structure as a whole. vii. Limit the variety of styles of building elements. viii. Screen mechanical equipment from view,or place in locations where they will generally not be visible. c. Buildings shall be designed and located to complement and preserve existing natural land forms,trees,shrubs and other natural vegetation. i. Consider land forms and trees as design elements which must relate to building elevations to determine scale and proportion. ii. Design foundations to match the scale of the building being supported.Berming,resiting,or sheathing the foundation structure with wall siding are examples of methods which accomplish this purpose. iii. Use decks,railings,and stairs to relate a building to the contours of the land. d. Building shall be designed and constructed to reduce noise impacts on interior occupied spaces and adjacent property. i. Use solid barriers such as fences,berms,natural land forms and structures to reduce sound levels.The effectiveness of the barrier increases as barrier height increases and as it is moved closer to either the source or the receiver. ii. Minimize the window surface on sides facing adverse sound sources,where possible. iii. Mechanical equipment,including heat pumps and air conditioning equipment,shall meet the required setbacks of the zone and be located so that operating noise does not affect use of living areas such as bedrooms, outdoor decks or patio areas and adjacent property. e. Buildings shall be designed and constructed with roof angles,overhangs,flashings,and gutters to direct water away from the structure. f. Buildings shall incorporate features such as arcades,roofs,alcoves,porticos and awnings to protect pedestrians from the elements.These projections shall maintain a minimum vertical clearance of 13 ft.six in.where over fire lanes. g. Building orientation shall be designed to encourage pedestrian access from public streets and make the street pedestrian friendly. i. Applicability (1) This subsection shall apply to: (a) New construction,including removal of existing buildings and construction of new buildings within existing footprint;and (b) Modifications of existing buildings that are not removed and reconstructed,and that expand the building footprint by more than 50%as measured cumulatively from the footprint existing on December 6,2005. (2) This subsection is not applicable to construction or modifications of structures in the PF and PNA zones where conformance to this standard conflicts with the operational needs of the use,or to nonhabitable buildings. ii. Building orientation shall include: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 398/669 LOC 50.06:DEVELOPMENT STANDARDS (1) Locating buildings within 30 ft.of a public street except where prevented by topographic constraints, existing natural resources,or where,in multi-building complexes,the configuration of the lot prevents locating all buildings within 30 ft.of a public street. (2) Buildings located on sites with multiple frontages on public and/or transit streets shall provide at least one public entrance within 30 ft.of the transit street. (3) Buildings located on sites adjacent to a transit street shall have at least one public entrance within 30 ft.of the transit street. (4) Buildings that are within 30 ft.of a public street shall have a public entrance directly from the street. [Cross-Reference:Parking garages,see LOC 50.06.002—Parking.] h. Rooftop Decks Rooftop decks are prohibited on the pitched portion of any roof exceeding 2%slope.Decks on flat roofs shall not extend above the coping of the roof. (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2884,Amended,04/05/2022;Ord.2851, Amended,09/15/2020;Ord.2723,Amended,10/18/2016;Ord.2612-A,Amended,05/21/2013;Ord.2599, Amended,12/18/2012;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 6. DEVELOPMENT IN THE FMU ZONE STANDARDS FOR APPROVAL a. Applicability This standard is applicable to all development involving mechanical equipment and development involving structures in the FMU zone,including new development and exterior modifications. b. Design Standards Structures shall be designed and located in accordance with the FMU Building Design Standards,LOC 50.11.007, Appendix G. (Ord.2599,Added,12/18/2012) 7. CLEAR AND OBJECTIVE HOUSING STANDARDS FOR APPROVAL a. Purpose The following standards are intended to promote well-designed structures that include housing.By compliance with the clear and objective standards of this article,the following purposes will be met: i. The structures will be constructed with high quality,durable materials,and have visually interesting and attractive building facades that respond to the individual identity and character of Lake Oswego's commercial centers,employment districts,and neighborhoods. ii. The building,site,and landscape elements will create a cohesive design that is contextually appropriate, maintains compatibility between land uses(including visual,sound,and other considerations),and is reasonably accessible to bicyclists,pedestrians,and users of other transportation modes. b. Clear and Objective Track 2 Alternative Applicability i. Development that complies with subsection 7.b.ii of this section may comply with this article in lieu of compliance with LOC 50.06.001.1 through 50.06.001.6. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 399/669 LOC 50.06:DEVELOPMENT STANDARDS ii. This article is applicable in all zones except the FMU zone to development that creates new dwelling units involving a residential mixed use,multi-family,or attached single-family(three or more units)residential structure. c. Design Standards New buildings shall meet the following massing and compositional standards.The standards achieve the above purpose by requiring buildings to be articulated,avoiding large uninterrupted wall planes;have detailing that creates visual interest with appropriate proportions,rhythm,and scale;utilize attractive,high quality materials that are durable;and employ architectural styles that are contextually appropriate. i. Standards for Multi-Family and Residential Mixed Use Structures Figure 50.06.001-N:Multi-Family and Residential Mixed Use Building Articulation Max 30' Max 30' Max 30' Max 30' Change/offset in roofline every 30 feet(min.) ®12JE1fl [ tt 8B L — Projecting bay UE OE 0® �® Projecting bay Recessed/covered Projecting balconies building entry (1) Building Articulation Multi-family and residential mixed use structures shall comply with the following standards(also see Figure 50.06.001-N): (a) All building elevations facing a street,public courtyard or plaza shall be articulated along all stories by providing a minimum two-ft.horizontal change in building plane at least every 30 ft.For elevations not facing a street,public courtyard or plaza,articulation shall occur at least every 40 ft.For each story over two stories,the required horizontal change shall be increased by one ft.A change in plane shall be provided through at least two of the following: (i) Projecting bays measuring at least six ft.in width. (ii) Building recesses measuring at least six ft.in width. (iii) Upper level balconies(projecting or recessed),measuring at least four ft.in width and projecting not more than two ft.beyond the building facade. (iv) Front porch or stoop projections,measuring at least six ft.in width. (v) Recessed building entries measuring at least six ft.in width. Ground floors providing commercial uses are exempt from this requirement;they must comply with the standards for building facade elements in subsection 7.c.i(2)of this section. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 400/669 LOC 50.06:DEVELOPMENT STANDARDS (b) Roofline articulation shall be provided in a manner that corresponds with the facade articulation. This shall be accomplished by providing the following roofline or roof form elements at least every 30 ft.,as viewed from adjacent street(s),public courtyards,and plazas. (i) Roofline articulation shall include gables,dormers,offsets in ridgeline,stepped parapets, cornice lines,or changes in roofline elevation. (ii) The distance between rooflines where articulation occurs shall be measured from the center point of the street-facing gable,dormer,or offset,to the center point of the next street- facing gable,dormer,or offset,or to the edge of the roof if that is the next closest break in the roofline(see Figure 50.06.001-N). (c) Ground floor entries to individual residential units shall provide a covered front porch,or a front entry that is recessed a minimum of two ft.behind the front building facade. (d) Primary building entries(including shared entries to residential units)shall provide an awning or canopy,or be recessed a minimum of two ft.behind the front building facade. (2) Building Facade Elements The front building elevation of multi-family and residential mixed use structures with multiple stories shall meet the following standards,which are intended to avoid large uninterrupted wall planes and provide a defined building base,middle,and top as follows.Single-story multi-family and residential mixed use structures shall provide a defined building base and top(see Figure 50.06.001-0). Figure 50.06.001-0:Building Facade Elements fl ■t'N I•■ 111E11' 1..r .1I■' ■■ ■ till ■■■ �■, ■r\ ee •t r ,■:MI. i■ I r'M' into ■•■ ■■ ■m■ :A■ ■ll■ o ____ __ L_. r L ,li p -1 ®-Base' 0 Building entrance is covered 0 Minimum 6096 windows tot and/or recessed behind facade ground floor commercial [}'Mlddla' ®Alehitectural bay(masirnurn 0 Minimum 3096 verticelly- 0-Top' 30 It.on center) oriented wlnoows ®Bert course/ •Ground floor windowsill/base Q Protecting cornice/parapet stnng course m Column/pilaster/post (a) Base:The"base"of a multi-story building extends from the sidewalk or landscape grade,as applicable,to the bottom of the second story or the belt course/string course/cornice that separates the ground floor from the upper levels of the building.The base of a single-story building extends from the The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 401/669 LOC 50.06:DEVELOPMENT STANDARDS sidewalk or landscape grade,as applicable,to the ceiling.The building base shall be defined by providing the following elements: (i) All ground floor building entries shall be protected from the weather by canopies,or recessed behind the front building facade at least two ft. (ii) Buildings providing a ground floor commercial component shall provide all of the following additional elements: (A) The street-facing ground floor shall be divided into distinct architectural bays measuring not more than 30 ft.on center.An architectural bay is the zone between the outside edges of an engaged column,pilaster,post,or vertical wall area that provides a ground floor windowsill/base. (B) A belt course/string course/cornice shall separate the ground floor from upper floors. (C) Weather protection shall be provided in the form of structurally integrated canopies, awnings or projecting roof or arcade along a minimum of 50%of the length of the street- facing ground floor facade.Canopies shall project at least four ft.from the facade or half the width of the sidewalk/pathway,and shall provide a minimum clearance of seven ft. from the bottom of the awning/canopy to the sidewalk.Canvas awnings are not permitted. (D) Storefront windows("glazing")with not less than 40%visual light transmittance shall be provided on a minimum of 60%of the street-facing ground floor building facade. The bottom edge of windows shall be constructed at or between 12 in.and 30 in.above the abutting walkway surface.Minimum glazing includes any glazed portions of doors. (b) Middle:The"middle"of the building extends from the top of the belt course/string course/cornice at the top of the building base to the ceiling of the highest building story.The middle of the building shall be defined by providing all of the following elements: (i) A minimum of 60%of all upper story windows shall be vertically oriented,with a minimum vertical to horizontal dimension ratio of 1.5:1.This vertical orientation applies to individual windows,as opposed to grouped window arrays as illustrated in Figure 50.06.001-0. (ii) Upper building stories shall provide a minimum of 30%glazing on upper level building facades facing a street or public space.For the purposes of this standard,minimum glazing includes any glazed portions of doors. (iii) In addition to the required"middle"elements outlined above,two of the following building elements shall be provided in the middle section: (A) A change in exterior cladding or detailing and material color between the ground floor and upper floors. (B) Street-facing balconies or decks. (C) A six-ft.minimum building step back on upper floors. (c) Top:The"top"of the building extends from the ceiling of the uppermost floor to the highest vertical point on the roof of the building.The top of the building shall be defined as follows: (i) All flat-roofed structures shall provide a cornice or parapet measuring at least 12 in.in height and distinguished from the wall plane either with a minimum six-in.projection or a change in building material and/or color. ii. Standards for Townhouse/Rowhouse Structures The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 402/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.001-P:Townhouse/Rowhouse Building Articulation Gables,dormers,and/or offset in ridgeline provided at least once every unit 11110 E Nlttl ® _ ON n ®® H8 0® J; Minimum offset of 2 feet required between adjacent units (1) All building elevations facing a street or public space shall be articulated along all stories by providing a minimum two-ft.horizontal change in building plane between abutting dwelling units(or units sharing a common wall).A change in plane shall be provided through at least two of the following: (a) Projecting bays measuring at least six ft.in width. (b) Building recesses measuring at least six ft.in width. (c) Upper level balconies(projecting or recessed),measuring at least four ft.in width and projecting not more than two ft.beyond the building facade. (d) Front porch or stoop projections measuring at least six ft.in width. (e) Recessed building entries measuring at least six ft.in width. (2) Roofline articulation shall be provided in a manner that corresponds with the facade articulation. This shall be accomplished by providing the following roofline or roof form elements at least every 30 ft., as viewed from adjacent street(s),public courtyards,and plazas. (a) Roofline articulation shall include gables,dormers,offsets in ridgeline,stepped parapets,cornice lines,or changes in roofline elevation. (b) The distance between rooflines where articulation occurs shall be measured from the center point of the street-facing gable,dormer,or offset,to the center point of the next street-facing gable,dormer, or offset,or to the edge of the roof if that is the next closest break in the roofline(see Figure 50.06.001-N). (3) The front entry to each individual unit shall either provide a covered porch or stoop that is at least six ft.in depth,or be recessed at least two ft.into the front building elevation. (4) All building elevations facing a street or public space shall provide a minimum of 25%glazing. Glazing may be provided in windows or doors. iii. Rooftop mechanical equipment shall be screened by either a parapet or architectural screen along the building facade that is at least as tall as the equipment,or by setting back the equipment from the roof edges at least three ft.for each foot of height of the equipment.Solar or other renewable energy systems are exempt from this screening requirement,provided they meet the standards of LOC 50.04.003.4.b. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 403/669 LOC 50.06:DEVELOPMENT STANDARDS d. Buildings shall be designed and constructed with roof angles,overhangs,flashings,and gutters to direct water away from the structure. e. (Repealed by Ord.2667,10/20/2015). f. Building orientation shall be designed to encourage pedestrian access from public streets and make the street pedestrian friendly. i. Applicability.This subsection shall apply to: (1) New construction,including removal of existing buildings and construction of new buildings within existing footprint;and (2) Modifications of existing buildings that are not removed and reconstructed,and that expand the building footprint by more than 50%as measured cumulatively from the footprint existing on December 6, 2005. ii. Building orientation shall include: (1) Locating buildings within 30 ft.of a public street except where prevented by topographic constraints, existing natural resources,or where,in multi-building complexes,the configuration of the lot prevents locating all buildings within 30 ft.of a public street. (2) Buildings located on sites with multiple frontages on public and/or transit streets shall provide at least one public entrance within 30 ft.of the transit street. (3) Buildings located on sites adjacent to a transit street shall have at least one public entrance within 30 ft.of the transit street. (4) Buildings that are within 30 ft.of a public street shall have a public entrance directly from the street. g. Rooftop Decks Rooftop decks are prohibited on the pitched portion of any roof exceeding 2%slope.Decks on flat roofs shall not extend above the coping of the roof. (Ord.2832,Amended,01/07/2020;Ord.2667,Amended,10/20/2015;Ord.2651,Added,02/17/2015) 50.06.002 PARKING 1. APPLICABILITY The provisions of this section shall apply to all development which generates a parking need.This shall include the construction of new structures,the remodeling of existing structures and a change of use which increases on-site parking or loading requirements or which changes access requirements. [Cross-Reference:LOC 50.06.002.3.b—Parking Standards in R-6 Zone.] (Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. STANDARDS FOR APPROVAL a. Vehicle Parking i. Required parking spaces shall be available for the parking of operable passenger vehicles of residents, customers,patrons and employees and shall not be used for the storage of vehicles or materials or for the loading and unloading or parking of vehicles used in conducting the business or use. ii. Number of Required Parking Spaces The number of required parking spaces under this Article shall be determined by either the Numerical Method (subsection 2.a.ii(1)of this section)or the Parking Study Method(subsection 2.a.ii(2)of this section). The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 404/669 LOC 50.06:DEVELOPMENT STANDARDS (1) Numerical Method Refer to Tables 50.06.002-1,50.06.002-3 and 50.06.002-4 to determine the number of parking spaces required.The minimum number of parking spaces specified for each type of use shall include reductions to parking requirements pursuant to subsection 2.a.v(1)of this section and Table 50.06.002-3. TABLE 50.06.002-1:NUMERICAL METHOD OF DETERMINING MINIMUM PARKING SPACES REQUIRED Determine: Method of Determining: Floor Area Amount From Table 50.06.002-3,determine if floor area is used to calculate the number of parking spaces required for the use(s). (Floor Area per Parking Space) Number of Employees Determine number of full-time,temporary,part-time and contract employees,or independent contractors,if employee count is used in Table 50.06.002-3 to calculate the number of parking spaces required.(Employee Per Space amount) Gross Parking Requirement 1.Multiply the adjusted Floor Area Amount by the Floor Area per Parking Space. 2.Multiply the Number of Employees by the Employee Per Space amount. 3.Add the results of(1)and(2)above together. Reductions 1.See Table 50.06.002-4 for possible reductions. 2.Apply reduction percentages to Gross Parking Requirement. Mixed Uses The total requirements for mixed uses on a site shall be the sum for the various uses computed separately. Rounding Any fractional space amount determined following the application of Reductions and Mixed Uses above shall be rounded up to the next highest whole space. Minimum Parking Requirement The minimum parking requirement is the"rounded"number above. (2) Parking Study Method.Use the parking study methodology for determining the parking needs of the proposed use as provided in subsection 2.a.ii(6)of this section. (3) Except for residential parking requirements,the maximum number of parking spaces shall not exceed either 125%of the number of parking spaces required under Table 50.06.002-3(without applying the Parking Requirement Modifiers,Table 50.06.002-4),or the required number of parking spaces determined by the Parking Study Method above. (4) Maximum Number of Parking Spaces. TABLE 50.06.002-2:MAXIMUM OFF-STREET PARKING SPACE REQUIREMENTS ' Zone Type of Use Maximum Number of Parking Spaces FMU Nonresidential 3 spaces per 1,000 sq.ft.G.F.A. Commercial Residential I space per room Residential 1.6 spaces per dwelling unit Other Zones Nonresidential Either 125%of the number of parking spaces required under Table 50.06.002-3(without applying the Parking Requirement Modifiers, Table 50.06.002-4)or the required number of parking spaces determined by the Parking Study Method. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 405/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.002-2:MAXIMUM OFF-STREET PARKING SPACE REQUIREMENTS Zone Type of Use Maximum Number of Parking Spaces Residential No maximum (5) Handicapped parking and ramps shall be provided in accordance with the Uniform Building Code. (6) When Use Not Expressly Listed.When the proposed use is not expressly listed within Table 50.06.002-3,the minimum number of required parking spaces shall be determined by using either"the use most similar"to the proposed use or a parking study,pursuant to Table 50.06.002-3(H).If the applicant elects to determine the number of parking spaces required by a parking study,the parking study shall comply with the following: (a) The total number of parking spaces required shall equal the number of spaces determined to be necessary to accommodate the average peak parking demand generated by the business or development use(s)."Peak parking demand"means the maximum number of parking required during the hours for the normal use of the development or business.The parking study shall be conducted by a registered traffic engineer. (b) In preparing the parking study,the traffic engineer shall consider relevant references,guides,and factors that aid in the average peak parking demand determination.Such references,guides,and factors may include,but are not limited to: (i) The factors and considerations recommended by the ITE Industry Standards. (ii) Availability and projected use of alternative transportation modes(common-use vehicle, carpooling,bicycle,pedestrian,transit,etc.). (iii) Parking demands at similar types of facilities,in similar types of locations,either within the City or elsewhere. (c) Notwithstanding any other provision of this Code to the contrary,the minimum number of parking spaces determined to be necessary pursuant to this subsection shall not be eligible for reduction pursuant to subsection 2.a.v(1)of this section or Table 50.06.002-4. TABLE 50.06.002-3:MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS Parking Space Required Ill Type of Use See Editor's note following table regarding LCDC Rules reducing minimum off-street parking spaces requirements based on types of use or distance from transit. FOOTHILLS MIXED USE ZONE 1.Residential Use 0.5 space per dwelling unit 2.Commercial Residential Use 1 space per room 3.Nonresidential Use(commercial,industrial,institutional,etc.) 1 space per 1,000 sq.ft.G.F.A. OTHER AREAS (A)RESIDENTIAL 1.Single-family dwelling and middle housing 1 space per dwelling unit 2.Accessory dwelling unit None(ORS 197.312(5)(b)) 3.Multi-family 25%of the required parking for multi-family use shall be located to provide for common or visitor use The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 406/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.002-3:MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS Parking Space Required[11 Type of Use See Editor's note following table regarding LCDC Rules reducing minimum off-street parking spaces requirements based on types of use or distance from transit. i.Studio/efficiency 1 space per unit ii.1 bedroom 1.25 spaces per unit iii.2 or more bedrooms 1.5 spaces per unit 4.Rooming and boarding house;bed and breakfast 1 space per each guest room plus 1 for owner (B)COMMERCIAL RESIDENTIAL 1.Hotel or motel 1 space per unit 2.Assisted living facility 0.5 space per unit plus 1 per 3 employees 3.Hospital 1.5 spaces per bed (C)PLACES OF PUBLIC ASSEMBLY 1.Churches,clubs,lodges,meeting rooms,and auditoria 1 space per 4 seats of maximum capacity,or 1 space per each 5 occupants based on maximum capacity as calculated under the provisions of the Uniform Building Code 2.Library,reading room,museum,art gallery 1.88 spaces per 1,000 sq.ft.plus 1 space per 2 employees on the peak shift 3.Nursery,day or child care facility,kindergarten 2.5 spaces per 1,000 sq.ft.G.F.A. 4.Elementary or middle school or equivalent private or parochial 16.6 spaces per 1,000 sq.ft.G.F.A in the auditorium or 2 spaces per school classroom,whichever is greater 5.Senior high and equivalent private or parochial school 0.2 spaces per number of students and staff 6.College;commercial school for adults 3 spaces per 1,000 sq.ft.G.F.A.(excluding dorms) (D)COMMERCIAL AMUSEMENTS 1.Stadium,arena,theater 1 space/4 seats(fixed seating) 2.Bowling alley 3 spaces per lane plus 0.5 space per employee 3.Sports club/recreation facilities,including billiard and pool parlors, 2 spaces per 1,000 sq.ft.G.F.A. video arcades,dance hall,gymnasium,health club (E)COMMERCIAL 1.Office,including business and management services except medical 3.33 spaces per 1,000 sq.ft.G.F.A. or dental 2.Medical and dental offices or clinics including accessory 3.9 spaces per 1,000 sq.ft.G.F.A. laboratories for medicine,dentistry,veterinarian practice or other practices of the healing arts 3.Bank 2.5 spaces per 1,000 sq.ft.G.F.A. 4.Supermarket 2.9 spaces per 1,000 sq.ft.G.F.A. 5.Convenience food store 2.2 spaces per 1,000 sq.ft.G.F.A. 6.Specialty food stores,such as coffee,bagels,juice bars(take-out 6.6 spaces per 1,000 sq.ft.G.F.A. food/drink primarily)[2] 7.Eating or drinking establishment[2] 13.3 spaces per 1,000 sq.ft.G.F.A. 8.Eating or drinking establishment with drive-up window[2] 9.9 spaces per 1,000 sq.ft.G.F.A. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 407/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.002-3:MINIMUM OFF-STREET PARKING SPACE REQUIREMENTS Parking Space Required[1] Type of Use See Editor's note following table regarding LCDC Rules reducing minimum off-street parking spaces requirements based on types of use or distance from transit 9.Barber shop,beauty salon,personal care services,such as nail, 4 spaces per 1,000 sq.ft.G.F.A.plus 0.5 space per station tanning,and therapeutic massage salons 10.Retail sales and rentals,except as otherwise specified herein[3] 3.3 spaces per 1,000 sq.ft.G.F.A. 11.Heavy equipment rentals,such as yard and tool equipment 1 space per 1,000 sq.ft.G.F.A.plus 0.5 per employee 12.Service or repair shop,such as electronic and home appliance 1.6 spaces per 1,000 sq.ft.G.F.A. repair,upholstery 13.Automotive repair garage and service station 1.6 spaces per 1,000 sq.ft.G.F.A.plus 0.5 per employee 14.Mortuary 1 space per 5 seats based on maximum auditorium capacity plus 1.5 space per employee 15.Martial arts,music,dance,gymnastics,yoga studios 1 space per 100 sq.ft.G.F.A.of lesson activity floor area,plus 0.5 space per employee (F)BULK MERCHANDISE 1.Furniture,appliance store building materials 2 spaces per 1,000 sq.ft.G.F.A. 2.Auto,boat or trailer sales 1 space per 1,000 sq.ft.G.F.A.of building plus 0.5 space per employee 3.Truck,trailer and automobile rental parking lot 0.75 space per employee on largest shift (G)INDUSTRIAL 1.Light industrial,industrial park,manufacturing 1.6 spaces per 1,000 sq.ft.G.F.A. 2.Storage,warehouse,wholesale establishment,freight terminal,truck 1 space per 1,500 sq.ft.G.F.A.or 0.75 space per employee based on or auto storage maximum shift,whichever is greater 3.Mini-storage facility 3.33 spaces per 1,000 sq.ft.of gross office floor area plus 1 space for resident manager (H)USES NOT SPECIFICALLY MENTIONED Parking requirement for uses not specifically mentioned in this section shall be determined by the requirements for off-street parking facilities for the listed use which,as determined by the City Manager,is most similar to the use not specifically mentioned,or by an analysis of the parking needs generated by the type of use(see subsection 2.a.ii(6)of this section). [1]Gross floor area does not include any parking area. [2]Seasonal restaurant enclosures:No additional parking spaces required. [3]Farm stands:When accessory use,no additional parking spaces required. [4]No additional parking is required for outdoor restaurant uses or seasonal restaurant enclosures in conjunction with an existing,indoor year-round restaurant. Editor's note:Beginning January 1,2023,Lake Oswego and other metro cities must apply LCDC rules(OAR 660-012-0430,660-012-0435, 660-012-0440)regarding parking minimums to new development.See PP 22-0001 for applicability based on type of use or location from transit (map provided). iii. On-Site Location of Required Parking Spaces (1) All required parking shall be off-street.Parking may not be located in a required yard or special street setback except where there are specific yard setback requirements or exceptions for parking established by the zone or use. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 408/669 LOC 50.06:DEVELOPMENT STANDARDS (2) Parking design shall ensure that the parking of any vehicle shall not interfere with the parking or maneuvering of any other vehicle. Exceptions: (a) Residential Use:Tandem parking in residential developments is permitted if the tandem parking space is owned by,leased or assigned to a single residential owner or tenant. (b) FMU:In the FMU zone,tandem parking is permitted for a development if an attendant is present to move vehicles. (c) Commercial Uses Other Than in FMU Zone:Tandem parking is permitted for hotels or motels,eating or drinking establishments without drive-up window,clubs,lodges,meeting rooms,and auditoria in commercial zones if the following criteria are met: (i) An attendant is present to move vehicles and such movement of vehicles does not require backing onto a public right-of-way(an alley maybe used if allowed by the City Engineer);or (ii) If the tandem parking is for the exclusive use of employees. iv. Off-Street Parking Options (1) Off-Site Parking Within commercial,public use,industrial and campus institutional zones parking maybe provided on remote lots within said zones which are within 500 ft.of the property line of the use to be served.Within the EC(East End General Commercial)zone only,unless otherwise prohibited,employee parking may be allowed within 1,000 ft.of the property line of the use to be served.Within the LGVCO only,unless otherwise prohibited,parking may be provided on remote lots within the District which are within 750 ft. (customer parking)and 1,000 ft.(employee parking)from the property line of the use to be served.If the remote parking lot is not owned by the owner of the property of the use to be served,said owner shall obtain an exclusive permanent easement in the remote lot so as to permit parking from the use to be served on the remote lot. (2) Shared Parking (a) Except in the FMU zone,shared parking is allowed when a parking study demonstrates that there are a sufficient number(by actual or estimated count)of parking spaces to accommodate the parking needs generated by the applicant and other parking lot users during the applicant's period(s)of use of the parking lot.A new parking study shall be submitted upon any one of the following events: (i) Change from one type of use to another that has higher number of parking spaces required by Table 50.06.002-3 for the new use. (ii) Where one use expands into the area of another use and it results in: (A) A 10%or more increase in the number of parking spaces that would be required for the use under the Numerical Method,as if that method were applied to the use to determine the parking needs,rather than through a parking study;or (B) For an"eating or drinking establishment"or a type of commercial amusement business,any increase in the number of parking spaces that would be required for the use under the Numerical Method,as if that method were applied to the use to determine the parking needs,rather than through a parking study. (b) Parties involved in shared parking arrangements shall enter into reciprocal agreements, acceptable to the City for such use,by legal instrument which shall also provide for continuing maintenance of jointly used parking facilities. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 409/669 LOC 50.06:DEVELOPMENT STANDARDS v. Reduction for Parking Space Requirements (1) Parking space requirements shall be reduced in developments where compensating factors exist which would offset the parking demand(such as access to transit facilities,pedestrian and bicycle access, development size,or combined,or the parking study provision).Refer to Table 50.06.002-4 for reduction options. TABLE 50.06.002-4:PARKING REQUIREMENT MODIFIERS (For zone-and overlay-specific parking modifiers,refer to subsections 2.a.v(I)(a)—(c)of this section) TYPES OF MODIFICATIONS MODIFIERS Development Size on a Single Site(Commercial,Public and Industrial Use) Gross Floor Area Multiplier >20,000 sq.ft. 0.85 x requirement Access to Transit Facilities Transit shelter,on fronting street,within 50 ft.of building 0.85 x requirement Transit shelter within 500 ft.of building 0.90 x requirement Transit facilities,on fronting street,within 500 ft.of building 0.90 x requirement Pedestrian and Bicycle Access(Commercial,Public and Industrial Uses) Access Proximity Multiplier 100 or more residential units within 1,000 ft.of site 0.90 x requirement Parking Study Parking Study Provisions The parking study shall demonstrate sufficient number of parking spaces for the use per subsection 2.a.ii(2)of this section. (a) Allowed FMU Modifiers:The only allowed modifiers to the minimum numerical parking requirements are: (i) Mixed Use Development:Exclude up to 15,000 sq.ft.ground floor nonresidential gross floor area per building or site(in case of multiple buildings on the site). (ii) Commercial Residential Uses:The transit facilities and pedestrian and bicycle access modifiers. (b) Allowed LGVCO Modifiers:The only allowed modifiers to the minimum numerical parking requirements are: (i) The development site size(DS)modifier;and (ii) The pedestrian and bicycle access(PA)modifier. (c) Allowed DRD District Modifiers: (i) All Properties:Because of the layout of downtown Lake Oswego and the ready availability of on-street parking and transit,the minimum parking requirement shall be 0.75 of the total required for each use pursuant to Table 50.06.002-3. (ii) Retail Uses:Retail uses within 1,000 ft.of 100 or more residential units may further reduce their total parking requirements to 0.9 of the total spaces required after all other applicable modifiers are applied. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 410/669 LOC 50.06:DEVELOPMENT STANDARDS (iii) Within the East End Commercial Zone Only:Properties within this zone may only use the development size modifier,the modifiers in subsection 2.a.v(1)(c)(i)and(ii)of this section,or the parking study provision under LOC 50.06.002.2.a.ii(6). vi. Parking Dimensions (1) Refer to Figure 50.06.002-A:Off-Street Parking Matrix to determine the minimum dimension and layout of parking spaces.All parking areas,except stacked or tandem parking areas,shall be designed so that a vehicle may enter or exit without having to move another vehicle.All parking areas must be designed to allow vehicles to enter and exit the street in a forward motion. (2) The minimum dimension to meet single-family and middle housing residential parking space requirements shall be eight ft.six in.wide and 18 ft.six in.long for each space. (3) Except within the LGVCO,up to 50%of the total parking requirement may be provided in compact car spaces.All parking spaces designated for compact vehicles shall be signed or labeled by painting on the parking space. Figure 50.06.002-A-General:Off-Street Parking Matrix(General) OFF-STREET PARKING MATRIX,REQUIRED SPACE AND AISLE DIMENSIONS IN FEET Compact Size Vehicles Standard Size Vehicles Aisle Bumper Aisle Bumper Stall Stall Module Stall Stall Module Angle(A) Width(B) Depth(C) Width Width(E) Overhang Width(B) Depth(C) Width Width(E) Overhaug 0° 8.0 20.0 N/A N/A N/A 8.0 24.0 N/A N/A N/A 45° 8.0 15.5 11.0 42.0 2.0 8.5 17.5 13.0 48.0 2.0 9.0 17.5 12.0 47.0 2.0 - 60° 8.0 17.0 14.0 48.0 2.5 8.5 19.0 18.0 56.0 2.5 9.0 19.0 16.0 54.0 2.5 75° 8.0 17.5 21.0 56.0 2.5 8.5 19.5 25.5 64.5 2.5 9.0 19.5 23.0 62.0 2.5 90° 8.0 16.0 20.0 52.0 1.5 8.5 18.5 26.0 63.0 2.5 9.0 18.5 24.0 61.0 2.5 I Figure 50.06.002-A-FMU and LGVC Overlay District:Off-Street Parking Matrix for FMU Zone and LGVC Overlay District FMU ZONE AND LGVC OVERLAY DISTRICT 1 FF-STREET PARKING MATRIX,REQUIRED SPACE AND AISLE DIMENSIONS IN FEET Stall Width Stall Depth One-Way Two-Way Angle(A) (B) (C) Aisle Width Aisle Width Curb Length (D) (D) Structured Parking 0° 8.0 8.0 12 20 22.5 30° 8.5 15.0 12 20 17 45° 8.5 17.0 12 20 12 60° 8.5 17.5 16 20 9.75 90° 8.5 16.0 20 20 8.5 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 411/669 LOC 50.06:DEVELOPMENT STANDARDS FMU ZONE AND LGVC OVERLAY DISTRICT OFF-STREET PARKING MATRIX,REQUIRED SPACE AND AISLE DIMENSIONS IN FEET Stall Width Stall Depth One-Way Two-Way Angle(A) �) D Aisle Width Aisle Width Curb Length (D) (D) Surface Parking 0° 8.0 8.0 14 20 22.5 30° 8.5 15.0 14 20 17 45° 8.5 17.0 14.0 22 12 60° 8.5 17.5 18.0 22 9.75 90° 8.5 18.0 20.0 22 8.5 A A=Parking Angle B=Stall Width C=Stall Depth(no bumper overhang) E D D=Aisle Width between Stall Lines,except for fire lanes, which are regulated by LOC Chapter 15,Fire Protection E=Module Width(no bumper overhang) F=Bumper Overhang G=Curb Length F vii. Loading Loading berths in sufficient numbers and size to adequately handle the needs of the development shall be required. Exception—FMU Zone:Loading berths are not required. The off-street parking areas to fulfill the requirements of this standard shall not be used for loading and unloading or the storage of vehicles or materials or parking of trucks used in conducting business or use. viii. Employee Carpool and Vanpool Parking Development in commercial and industrial zones,in the Public Function zone,and nonresidential development in mixed use zones that requires a total of 50 or more parking spaces shall designate at least 5%of the number of parking spaces as employee carpool or vanpool parking.The carpool/vanpool spaces shall be full sized parking spaces.The spaces shall be clearly marked"Reserved-Carpool/Vanpool Only"with hours of use. Except for designated handicapped parking spaces,employee carpool and vanpool parking spaces shall be located as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 412/669 LOC 50.06:DEVELOPMENT STANDARDS (1) Where employee parking spaces are designated,the designated carpool and vanpool parking spaces shall be the closest employee parking spaces to the entrance normally used by employees. (2) Where employee parking spaces are not designated,designated carpool and vanpool parking spaces shall be located in close proximity to the building entrance normally used by employees. b. Bicycle Parking i. Applicability (1) Bicycle parking shall be provided for all new multi-family residential developments(four units or more)and commercial,industrial,public facilities and institutional uses,except seasonal uses,such as fireworks stands and Christmas tree sales;drive-in theaters;and self-storage facilities are exempted. (2) Modifications which increase the size of existing commercial,industrial,public function structures or institutional buildings by more than 10%or a change of use shall provide bicycle parking spaces to meet the requirements of Table 50.06.002-6 for the entire development.For the purposes of this section, an"existing building"is a building as it exists on February 19,1998. ii. The minimum number of required bicycle parking spaces is listed in Table 50.06.002-6;provided, however,that the owners of institutional categories under Table 50.06.002-6 may defer installation of a portion of the required bicycle parking facilities if: (1) At least 30%of the required bicycle parking facilities are installed prior to issuance of the certificate for occupancy; (2) The owner executes and records with the County Clerk of the county in which the property is located a covenant to undertake bicycle parking studies,and install a percentage of required bicycle parking facilities,as follows: TABLE 50.06.002-5:BICYCLE PARKING STUDIES Timing of Bicycle Parking Study Required Percentage of Installed Bicycle Parking Facilities Within 90 days following certificate of occupancy 150%of the greatest number of bicycles being parked or stored on the property at any time during the 14-day Two studies within one year following initial study period of a bicycle parking study,up to the required number of bicycle parking facilities per Figure Whenever requested by City Manager 50.06.002-A:Off-Street Parking Matrix. TABLE 50.06.002-6:MINIMUM REQUIRED BICYCLE PARKING SPACES Use Categories Specific Uses Number of Required Spaces FMU ZONE: All Residential Uses 1 space per dwelling unit Nonresidential Uses Retail and restaurant uses 2,or 1 per 2,500 sq.ft.G.F.A. All other nonresidential uses 2,or 1 per 10,000 sq.ft.G.F.A. ALL OTHER ZONES RESIDENTIAL CATEGORIES Household Living Multi-family 1 per 4 units Group Living 2,or 1 per 20 residents The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 413/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.002-6:MINIMUM REQUIRED BICYCLE PARKING SPACES Use Categories Specific Uses Number of Required Spaces Dormitory 1 per 8 residents INSTITUTIONAL CATEGORIES Preschool 2,or 1/2 per classroom Schools Grades 1 through 12 2 per classroom Colleges Excluding dormitories(see Group Living, 2,or 1 per 20,000 sq.ft.G.F.A. above) Transit Centers Park and ride lots 5%of auto spaces Religious Institutions 2,or 1 per 4,000 sq.ft.G.F.A. Hospitals 2,or 1 per 40,000 sq.ft.G.F.A. Libraries,Museums,etc. 2,or 1 per 4,000 sq.ft.G.F.A. COMMERCIAL Retail Sales and Services Includes groceries and financial institutions 2,or 1 per 2,500 sq.ft.G.F.A. Auto-Oriented Services With or without mini-market 2,or 1 per 5,000 sq.ft.G.F.A. Office Includes doctor,dentist 2,or 1 per 5,000 sq.ft.G.F.A. Restaurant Includes drive-ins 2,or 1 per 5,000 sq.ft.G.F.A. Theaters,Auditoriums 1 per 60 seats INDUSTRIAL CATEGORIES Warehouse and Freight Movement 2,or 1 per 40,000 sq.ft.G.F.A. Manufacturing and Production 2,or 1 per 15,000 sq.ft.G.F.A. Industrial Park Other than manufacturing and warehousing 2,or 1 per 10,000 sq.ft.G.F.A. USES NOT SPECIFICALLY MENTIONED Parking requirements for Use Categories and/or Specific Uses not specifically listed above shall be determined by the requirements for bicycle parking spaces for the Use Category/Specific Use which,as determined by the City Manager,is most similar to the use not specifically listed. Notes: 1.Wherever this table indicates two numerical standards,such as 2,or 1 per 3,000 sq.ft.of gross floor area,the larger number applies. 2.FMU Zone:Of the required number of bicycle parking spaces,10%shall be located in a location visible from and in close proximity to the main entrance,for visitor use,either outside or inside of the building on the ground floor.All other bicycle parking spaces may be provided within a building. All Other Zones:These bicycle parking spaces may be provided within a building. 3.Fractional space requirements shall be counted as the next highest whole space. 4.G.F.A.(Gross Floor Area):The area included within the surrounding exterior walls of a building or portion thereof excluding allowable projections,decks,patios,uncovered exit stairways or uncovered above-grade driveways. (3) The methodology and timing of the bicycle parking studies shall be proposed by the owner,for review and approval of the City Manager.Based on the results of any of the bicycle parking studies,the owner shall install additional needed bicycle parking facilities within 60 days following completion of the study.The cost of the bicycle parking studies,and installation of the bicycle parking facilities,shall be at the expense of the property owner.If the owner does not comply with the terms of the covenant,the City may give notice to the property owner to install the balance of the required bicycle parking facilities within 15 days following the date of the notice. iii. [Reserved]. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 414/669 LOC 50.06:DEVELOPMENT STANDARDS iv. Bicycle parking shall be separated from car parking and vehicular traffic by a physical barrier or sufficient distance to protect parked bicycles from damage by vehicles. v. Bicycle parking for multiple uses may be clustered in one or several locations meeting all other requirements specified in this section for bicycle parking. vi. Fifty percent of all required bicycle parking spaces shall be covered,unless it can be demonstrated that compliance is not practicable.These required bicycle parking spaces may be provided within a building.Cover for bicycle parking may be accommodated by building or roof overhangs,awnings,bicycle lockers,bicycle storage within buildings or freestanding shelters. vii. Not less than 25%of the required bicycle parking spaces inside a building shall be provided in a well illuminated,secure location within 50 ft.of a building entrance.The balance of the number of required bicycle parking spaces shall be provided either inside each individual dwelling unit or inside each individual dwelling unit's designated storage area within the building. viii. Outdoor bicycle parking spaces shall be clearly visible and shall be located within 50 ft.of any entrance to the building unless clustered pursuant to subsection 3.b.v of this section in which case the parking spaces shall be no more than 100 ft.from a public entrance. ix. If the required bicycle parking spaces cannot be provided on site within the EC(East End General Commercial)zone,bicycle parking racks may be provided on the sidewalk adjacent to the property's frontage providing a minimum five ft.unobstructed sidewalk width is maintained. x. Bicycle parking spaces shall be a minimum of six ft.long and two ft.wide,and provide a minimum five ft. access aisle.For covered spaces the overhead clearance shall be at least seven ft. [Cross-Reference:LOC 50.06.002.3.b—Parking Standards in R-6 Zone.] (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2851,Amended,09/15/2020;Ord.2832, Amended,01/07/2020;Ord.2784,Amended,07/03/2018;Ord.2783,Amended,06/19/2018;Ord.2707,Amended, 05/17/2016;Ord.2668,Amended,12/01/2015;Ord.2648,Amended,02/17/2015;Ord.2643,Amended, 11/04/2014;Ord.2639,Amended,06/03/2014;Ord.2599,Amended,12/18/2012;Ord.2526,Amended, 12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. STANDARDS FOR CONSTRUCTION a. Surface Materials—General The surface of the parking and maneuvering area shall be constructed as a durable surface.The use of gravel in low use areas,such as church parking lots,recreational vehicle storage in a residential zone or outside equipment storage or fleet vehicles in industrial zones,may be approved,so long as the gravel is contained,the parking area is clearly defined,and where grade permits.Refer to LOC 50.06.003.2.c.vi,Standards for Construction,for additional paving surface specifications. b. Parking Standards in R-6 Zone i. Required off-street parking spaces shall be paved with concrete,masonry,asphalt,gravel,grasscrete products or a combination of listed materials. ii. Defined parking areas may be created anywhere between the abutting property line and three ft.from the existing paved travel lane,except that a designated parking area shall not conflict with an existing pedestrian walkway.If this area is currently paved with asphalt or other hard surface material,it may remain hard surfaced.Otherwise,on-street parking shall be paved with gravel. c. Bicycle Parking The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 415/669 LOC 50.06:DEVELOPMENT STANDARDS i. Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. If the bicycle parking is not visible from the street or main building entrance,a sign shall be posted indicating the location of the parking facilities. ii. Rack types and dimensions: (1) Bicycle racks shall hold bicycles securely by the frame and be anchored. (2) Bicycle racks shall accommodate both: (a) Locking the frame and one wheel to the rack with a high-security U-shaped shackle lock;and (b) Locking the frame and both wheels to the rack with a chain or cable not longer than six ft. d. Parking Plan Applicant shall provide scaled parking plan with dimensions and number of spaces accurately depicted. (Ord.2599,Amended,12/18/2012;Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 50.06.003 CIRCULATION AND CONNECTIVITY 1. ACCESS/ACCESS LANES(FLAG LOTS) a. Definition of Access For the purposes of this section,access shall be defined as:"area within public right-of-way directly affected by the traffic generated by the particular development and necessary to provide safe and efficient ingress and egress to the property" b. Applicability This section is applicable to all major developments and to the following minor developments: i. Construction or alteration of multi-family dwelling; ii. Construction or alteration of major public facilities; iii. Construction or alteration of commercial development; iv. Construction or alteration of institutional development; v. Construction or alteration of industrial development;and vi. Land divisions(partitions and subdivisions). c. Standards for Approval i. Every residentially zoned lot shall abut a street for the following minimum length: TABLE 50.06.003-1:MINIMUM STREET FRONTAGE Residentially Zoned Lot Minimum Street Frontage Rowhouse 17 ft. Flag Lot LOC 50.07.007.2.c All Other 25 ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 416/669 LOC 50.06:DEVELOPMENT STANDARDS ii. Access design shall be based on the following five criteria: (1) Topography; (2) Traffic volume to be generated by the development; (3) Classification of the public street from which the access is taken(local,collector or arterial); (4) Traffic volume presently carried by such street;and (5) Projected traffic volumes. iii. Direct permanent access from a development to an arterial street is prohibited where an alternate access is either available or is expected to be available.A temporary access may be allowed only where approved by the City Engineer under LOC Chapter 42. iv. Direct access from a development or a structure to a local street is required unless such access is not available. v. The City may require shared access with a neighboring site or an extension of residential streets across adjacent properties to provide access to the development if necessary to prevent adverse impacts on traffic flow. vi. If no satisfactory access from a public street to a development is available,the City shall require postponement of the development until such time as a satisfactory access becomes available. d. Standards for Access Lanes Access lanes shall meet the following minimum standards: i. Twenty-ft.-wide easement. ii. Access to two to three lots—12 ft.of pavement with a four-ft.shoulder on each side. iii. One standard"on-lane"parking space shall be provided for each flag lot served by an access lane.This parking space may be used to meet minimum off-street parking requirements for detached single-family and duplex dwellings on flag lots served by the access lane. iv. Access lanes shall only serve lots improved with detached single-family or duplex dwellings. v. Access lanes shall align with existing and/or planned streets or access lanes where practicable. vi. All new or modified driveways shall follow access spacing as shown in Table 50.06.003-2,Access Spacing,where practicable,and,as determined by the City Engineer,shall not create a traffic operational or safety conflict. TABLE 50.06.003-2:ACCESS SPACING Functional Classification Minimum Spacing(ft.) Major Arterial 300 Minor Arterial 200 Major Collector 150 Neighborhood Collector 100 Local Residential Street 50 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 417/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.003-2:ACCESS SPACING ' Functional Classification Minimum Spacing(It.) Local Commercial/Industrial Street 50 e. Traffic Study Determination of the location and configuration of an access shall be based on a traffic study,unless otherwise approved by the City Manager. f. Expenses Borne by Developer The expense related to modification of an existing street to accommodate proposed access including all traffic control devices and lighting shall be paid for by the developer. g. Distance between Access and Nearest Intersection Except for partitions,access from a development to a collector or an arterial shall be not less than 100 ft.from the nearest intersection of street centerlines. [Cross-Reference:LOC 50.06.001.3.c—Alleys,R-6 Zone.] (Ord.2892,Amended,06/07/2022;Ord.2762,Amended,03/06/2018;Ord.2732,Amended,02/21/2017;Ord.2725, Amended,12/06/2016;Ord.2648,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. ON-SITE CIRCULATION—DRIVEWAYS AND FIRE ACCESS ROADS a. Applicability This section is applicable to all development proposing a new use or an increased use on a site when the development will result in the construction of or the increased use of private streets,driveways,or parking lot aisles. Increased use shall be defined as an increase in trip generation or parking requirement. b. Standards for Approval i. Driveway Approaches—Locational Limitations and Restrictions (1) On corner lots where the adjacent streets are fully improved to their anticipated ultimate width,the nearest edge of a proposed driveway to the intersection shall be no closer than 30 ft.when measured from the projected curb of the street that is the most parallel to the alignment of the proposed driveway. (2) On corner lots where the adjacent streets are not fully improved to their anticipated ultimate width, the nearest edge of a proposed driveway to the intersection shall be no closer than 30 ft.when measured from the lot corner,or if the comer is a radius,from the point of intersection of the tangents.If right-of- way dedication is required as a condition of approval,the lot lines after dedication shall be used as the basis for determining compliance with this standard. (3) On lots with less than 75 ft.of continuous frontage on a single public street,only one driveway shall be permitted along that frontage. (4) All driveway approaches shall be located and designed so that the driver entering or exiting the driveway can see approaching traffic for a sufficient distance to make a safe entrance and exit.American Association of State Highway and Transportation Officials(AASHTO)standards shall be used in determining compliance with this standard. (5) The maximum width of a driveway approach,measured where the edges of the driveway meet the right-of-way,shall be governed as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 418/669 LOC 50.06:DEVELOPMENT STANDARDS (a) Single-family residential or middle housing dwelling with garage door(s)facing the street:12 ft. per garage or carport stall,or surface parking space,but not to exceed 30 ft. (b) Single-family residential or middle housing dwelling with side-loading garage:24 ft. (c) All other uses:24 ft.unless otherwise justified by the recommendations of a traffic study. (6) The driveway approach shall be within the right-of-way bounded by the extension of the lot's side or street side lot lines. ii. Driveway Widths Driveways shall conform to the minimum width requirements of LOC 15.06.610(Oregon Fire Code Adopted) and LOC 50.06.002,Parking.For lots less than 50 ft.wide,driveways on the lot may be no wider than the garage opening accessed from the driveway. iii. Driveway Grades (1) The maximum grade of a driveway shall comply with LOC 15.06.610(Oregon Fire Code Adopted). (2) For all uses except single-family or middle housing dwellings,there shall be a landing area where a driveway used by multiple drivers meets the public street.The landing area shall be a minimum of 25 ft. long and shall have a maximum grade of five percent.The length and grade of the landing area described in this subsection presupposes that the abutting street has been fully improved to its ultimate anticipated width.If a driveway is proposed on a street that is not fully improved,and the development proposal is anticipated to proceed prior to the improvement of the street,the City Engineer shall determine the location and grade of the future street improvement and the applicant shall design the driveway and site grading so that this standard will not be compromised when the street is improved in the future. (3) Along the traveled way,grade breaks shall not exceed an algebraic difference of 9%unless accomplished by the construction of a vertical curve complying with the City's Standard Details. (4) The maximum cross-slope of a driveway shall be 5%,except for that portion of a driveway which must blend with an adjacent street grade that exceeds 5%.When blending is necessary,the length of the blended section shall be limited to 30 ft. iv. Fire Access Lanes (1) All developments shall comply with the minimum requirements for fire access roads as stipulated by the Fire Code and LOC Chapter 15. (2) The paved improvement of fire lanes,their associated turnarounds and right-of-way dimensions shall comply with the City's Standard Details. (3) When a fire access road is required to be used as a primary or alternate access route for the provision of emergency services to or through an abutting property,the fire lane shall be declared as such on a legal instrument to be recorded against the title of the affected property(ies).A declaration on a plat or on a recorded development plan may also be used to satisfy this standard. v. Turnarounds (1) If a dead-end driveway exceeds 150 ft.in length,it shall provide a fire department turnaround in compliance with the City's Standard Details.Exception:The Fire Marshal may approve driveways greater than 150 ft.in length if the structures greater than 150 ft.from the public road are provided with alternative methods of fire suppression,i.e.,sprinklering. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 419/669 LOC 50.06:DEVELOPMENT STANDARDS (2) Except where a continuous forward exit can be made out of the site,all developments with on-site loading and delivery areas shall provide a turnaround for delivery vehicles in compliance with the City's Standard Details. (3) Required turnarounds shall not overlap a required parking space. vi. Schools—Special Provisions Schools and similar institutional or instructional uses with a total enrollment of 25 or more students on any given day shall provide an on-site driveway that allows a continuous forward flow of vehicles through the site for the loading and unloading of children. vii. Easements Required (1) Driveways and their associated parking areas and turnarounds shall be located on the site or,if located off site,in an easement. (2) A copy of the easement shall be submitted to the City as part of the development application.If the easement has not yet been obtained at the time of application,the applicant shall supply a letter of commitment from the party who has the authority to grant the easement indicating that the easement will be granted contingent upon the development's approval by the City. (3) Easements shall state the purpose of the easement,identify the benefiting and burdened properties, state the duration of the easement rights granted,and stipulate the maintenance responsibilities of the parties. c. Standards for Construction i. All driveways that serve as fire lanes or fire access roads shall be paved,unless modified below,and shall be designed to support fire fighting vehicle loads.The City may require an engineered pavement section and a soil test to ensure compliance with this standard. ii. Driveway approaches in the right-of-way shall be constructed according to the City's Standard Details. iii. In locations where there is a slope adjacent to a driveway edge,there shall be a minimum two ft.shoulder or other means of protecting the driveway and the adjacent land from the adverse effects of erosion. iv. Stormwater running off a driveway shall be managed and disposed of in compliance with the applicable drainage standards for minor or major development,and the Uniform Plumbing Code. v. Where a driveway approach needs to cross a roadside ditch,a culvert of ten in.minimum diameter shall be used.The City may require a larger culvert if warranted by the hydrology of the upstream drainage basin. vi. All driveways shall be paved with a material that does not generate dust.Hard pavement is required except in the following circumstances: (1) Low-use driveways,such as one serving a parking area for recreational vehicles,boat trailers,or access to a storage building or storage area. (2) Where a driveway grade changes less than 10%from the street to the parking area serving a single- family residence or duplex. (3) Existing unpaved driveways,when there is an existing use on the site that is rated at ten or less average daily trips per weekday pursuant to the applicable ITE(Institute of Transportation Engineers) category,and the rating will not be increased with the proposed development. (4) When the requirement for a paved driveway is waived,a paved approach shall be constructed to prevent the tracking of loose gravel onto the public street. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 420/669 LOC 50.06:DEVELOPMENT STANDARDS (5) Temporary construction access driveways. (6) Combustible materials,erodable materials,or floatable materials shall not be approved as acceptable driveway surfaces(i.e.,wood chips,bark dust,shredded tire rubber). (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2579,Repealed and Replaced, 03/20/2012) 3. ON-SITE CIRCULATION—BIKEWAYS,WALKWAYS,AND ACCESSWAYS a. Applicability This section is applicable to all subdivisions and to all minor and major development involving the construction of a new structure other than a detached single-family dwelling,middle housing dwelling,or accessory structures.This section is also applicable to modifications which increase the square footage of commercial,industrial,public use or institutional buildings by more than ten percent.For the purposes of this section,an"existing building"is a building as it exists on February 19,1998. b. Standards for Approval FMU Standards Note:If the below provisions address the same subject as provided in the Foothills Building and Site Design Standards,LOC 50.11.007,Appendix G,those standards shall supersede the below provisions. i. Commercial,industrial,public use,and institutional developments of one acre or more shall provide a pedestrian circulation plan for the site. (1) Pedestrian connections between the proposed development and existing development on adjacent properties other than connections via the street system shall be identified and implemented,where feasible. ii. Walkways shall connect at least one public entrance of each building accessible to the public to the nearest public walkway or other walkway leading to a public walkway.Walkways shall also connect to other areas of the site,such as parking lots and outdoor activity areas,to other building entrances,to adjacent streets and nearby transit stops. iii. Walkways shall meet accessibility standards of the Americans with Disabilities Act(ADA)and standards as found in the Oregon State Structural Specialty Code,Section 1103,if applicable.Walkways within the site, connections to the public sidewalk,and external connections off site shall provide convenient,accessible,and the most practical direct,barrier-free route design. iv. Portions of walkways shorter than 30 ft.across driveways,parking lots or walkways crossing surfaces shared by fork lift or heavy truck traffic may use a painted crossing zone.Otherwise,walkways crossing driveways,parking areas,and loading areas shall be clearly identifiable through the use of a different paving material,raised elevation,or other similar method. (1) Where walkways are adjacent to vehicle travel areas,they shall be separated by a raised curb, bollards,buttons,landscaping or other physical barrier.If a raised walkway is used,the ends of the raised portions shall be equipped with curb ramps. v. Accessways for use by pedestrians and bicyclists shall be required when necessary to provide direct routes not otherwise provided by the existing right-of-way.Developments shall not be required to provide right-of- way for accessways off site to meet this requirement.If right-of-way is otherwise available off site,the developer may be required to improve an accessway off site to the nearest transit route. c. Standards for Construction FMU Standards Note:If the below provisions address the same subject as provided in the Foothills Building and Site Design Standards,LOC 50.11.007,Appendix G,those standards shall supersede the below provisions. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 421/669 LOC 50.06:DEVELOPMENT STANDARDS i. The surfacing of walkways,bikeways and accessways shall consist of either two in.of asphaltic concrete over a minimum of four in.of compacted crushed rock,or of four in.of concrete,as determined by the City Manager.Other materials must be specifically approved by the City Manager. ii. Walkway surfacing shall be five ft.in unobstructed width,unless specifically otherwise approved by the City Manager,and never less than four ft.in unobstructed width. iii. Walkways without stairs shall have a maximum cross slope of 2%and a maximum slope of 8%.If the existing grade exceeds an 8%slope and the walkway construction requires an erosion control permit pursuant to LOC 52.02.040(1),and construction of stairs is impracticable,then the pathway may follow the existing grade. iv. Ramps for handicapped use are required on all walkways used by the public at all points where a path intersects a curb. v. Walkways,bikeways and accessways must be constructed in such a way as to allow the surface drainage to sheet flow across them,and not flow along them longitudinally. vi. An accessway shall include at least a 15-ft.wide right-of-way or easement and an eight-ft.wide hard surface.For safety,accessways shall be as straight as practicable.Bollards,buttons,or landscaping shall be used to block motor vehicular access. vii. A residential accessway shall include at least a 15-ft.wide right-of-way or easement and a minimum six- ft.wide travel surface.Accessways may meander around major trees or vegetation,but shall be as straight as practicable,considering the circumstances related to the property. viii. The surfacing of residential accessways shall consist of either two in.of asphaltic concrete over a minimum of four in.of compacted crushed rock,or four in.of concrete,as determined by the City Manager. Depending on location,topography or presence of sensitive lands,other materials may be specifically approved by the City Manager.Residential accessway surfacing for purposes of meeting this standard shall be a minimum of six ft.in width. ix. Bollards,buttons or landscaping shall be used to block motor vehicle access at locations where accessways abut streets. x. Accessways shall be constructed in such a way as to allow surface drainage to sheet flow across them,and not flow along them longitudinally. (Ord.2892,Amended,06/07/2022;Ord.2783,Amended,06/19/2018;Ord.2599,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 4. STREET CONNECTIVITY a. Applicability This section is applicable to: i. Any development that results in the construction of a street;or ii. A land division that: (1) Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more,or (2) Abuts a parcel upon which there is a street that has been"stubbed"to the proposed development site. iii. Construction of a detached single-family dwelling,middle housing dwelling,multi-family dwelling, commercial,industrial,institutional,or public function structure that: (1) Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more,or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 422/669 LOC 50.06:DEVELOPMENT STANDARDS (2) Abuts a parcel upon which there is a street that has been"stubbed"to the proposed development site. This section is not applicable to development or construction in the FMU zone. b. Purpose and Intent The purpose of the connectivity standard is to ensure that: i. The layout of the street system does not create excessive travel lengths or limit route choices.This will be accomplished through an interconnected street system to reduce travel distance,promote the use of alternative modes of travel,provide for efficient provision of utility and emergency services,provide for more even dispersal of traffic,and reduce air pollution and energy consumption; ii. Streets,alleys and residential accessways shall be designed to meet the needs of pedestrians and cyclists and encourage walking,bicycling and transit as transportation modes; iii. Street and pedestrian and bicycle accessway design is responsive to topography and other natural features and avoids or minimizes impacts to LOC 50.05.010,Sensitive Lands Overlay Districts;LOC 50.05.011,Flood Management Area;and steep slopes pursuant to LOC 50.06.006.2,Hillside Protection; iv. Circulation systems and land development patterns do not detract from the efficiency of the adjacent collector or arterial streets; v. The street and accessway circulation pattern contributes to connectivity to and from activity centers,such as schools,commercial areas,parks,employment centers and other major trip generators; vi. Metro Regional Transportation Function Plan,Title 1,street connectivity requirements are met; vii. Proposed development will be designed in a manner which will not preclude properties within the vicinity that meet the definition of further developable,from meeting the requirements of this standard;and viii. Transportation connections improve access to schools,transit,shopping,and employment areas. c. Standards for Approval of Development Which Requires the Construction of a Street i. Local and neighborhood collector streets,access lanes,and residential accessways shall be designed to connect to the existing transportation system to meet the requirements of this standard as determined by the reviewing authority. ii. Local and neighborhood collector street design shall provide for full street connections between through streets with spacing of no more than 530 ft.,measured between the center of the intersection of two through streets that provide for vehicle traffic movement in generally the same direction("through street pairs")with the cross street.This requirement shall be applied to all through street pairs which surround the site.If the nearest boundary of the site(or boundaries extended to the street)is more than 100 ft.from the intersection of a through street nearest to the site and the cross street,the provisions of this standard shall be met,except when the provisions of subsection 4.c.vi of this section are met.See Figure 50.06.003-A:Street Connectivity. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 423/669 LOC 50.06:DEVELOPMENT STANDARDS Figure 50.06.003-A:Street Connectivity Streets Feasible. I I I— 1 Moe 2 IitquIred street[nlwrukn Famkarl tan and II fl pedeanancomedian Street ilest Feasible in One Pirertiarl 1 I L Matt rail alb edwill. 53PIeHwmart 100 lest of lnlerseci 4 Earner ba'reel conned., wellanil.'LA?ape,ell _J I ui. Streets shall be designed to connect to all existing or approved stub streets which abut the development site. iv. Cul-de-sacs and permanent closed-end streets shall be prohibited except where(a)the requirements of this standard for street and residential accessway spacing are met and(b)construction of a through street is found to be impracticable.When cul-de-sacs or closed-end streets are allowed under subsection 4.c.vi of this section, they shall be limited to 200 ft.and shall serve no more than 25 dwellings,except where the reviewing authority has determined that this standard is impracticable due to the criteria listed in subsection 4.c.vi of this section. v. Access lanes may be used to serve up to three lots. vi. The reviewing authority may allow an exception to the review standards of subsections 4.c.i through 4.c.v of this section based on findings that the modification is the minimum necessary to address the constraint and the application of the standards is impracticable due to the following: (1) Extreme topography(over 15%slope)in the longitudinal direction of a projected automobile route; (2) The presence of Sensitive Lands as described in LOC 50.05.010,or LOC 50.05.011,Flood Management Area,or other lands protected by City ordinances,where regulations discourage construction of or prescribe different standards for street facilities,unless the nearest through street pairs(see Figure The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 424/669 LOC 50.06:DEVELOPMENT STANDARDS 50.06.003-A:Street Connectivity)surrounding the subject site are more than one-quarter mile apart.The reviewing authority may determine that connectivity is not required under this circumstance,if a benefit/cost analysis shows that the traffic impacts from development are low and do not provide reasonable justification for the estimated costs of a full or limited access street connection; (3) The presence of freeways,existing development patterns on abutting property which preclude the logical connection of streets or arterial access restrictions; (4) Where requiring a particular location of a road would result in violation of other City standards,or state or county laws or standards,or a traffic safety issue that cannot be resolved; (5) Where requiring streets(full or limited access)or accessways would violate provisions of leases, easements,covenants,restrictions or other agreements existing as of May 1,1995,which preclude required street or accessway connections;or (6) Where there is minimal public benefit of improved vehicular access and circulation,a limited access street connection(in lieu of a full street connection)may be approved provided it does not preclude development of adjacent property and is consistent with the purpose and intent in LOC 50.06.003.4.b.For determining public benefit,the travel needs of existing,proposed and potential future development and emergency vehicle access needs shall be considered.Limited access streets shall conform to the spacing standards in subsection 4.c.vii of this section. vii. If the reviewing authority allows an exception to subsection 4.c.ii of this section for full street connections,it shall require residential accessway connections on public easements or rights-of-way so that spacing between bicycle and pedestrian connections shall be no more than 330 ft.measured from the centerline of the nearest bicycle and pedestrian connection intersection with the cross street. viii. The reviewing authority may allow a reduction in the number of residential accessway connections required by subsection 4.c.vii of this section based on fmdings that demonstrate: (1) That reducing the number or location of connections would not significantly add to travel time or distance from the proposed development to bus lines or activity centers in the area,such as schools, shopping,or parks;or (2) That existing development patterns on abutting properties preclude logical connection of residential accessways;or (3) That the traffic impacts from development,redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway. [Cross-Reference:Subsection 4.c.iv—see also LOC 42.03.085.] d. Standards for Approval for a Land Division or Development That Does Not Require Construction of a Street The review authority shall require: i. A future connectivity plan to be filed with the City and recorded in the applicable County Clerk records. The future connectivity plan shall show how the location of future streets,access lanes,and accessways will provide for full development of the subject parcel as well as any abutting properties in order to meet the standards of LOC 50.06.003.4.c.ii through viii;and ii. Placement of structures in a manner that allows for the future street(s),access lanes,or accessways to be constructed,as well as an area sufficient to meet the required zone setbacks from the future streets. e. Standards for Construction The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 425/669 LOC 50.06:DEVELOPMENT STANDARDS i. Standards for construction of full street and limited access street connections shall be those included in LOC Chapter 42.Where emergency vehicle access is required on limited access streets,the limited access street shall be 16 ft.in width,contain removable bollards where it adjoins other streets,and consist of a driving surface that accommodates emergency vehicle apparatus as approved by the City Engineer. ii. Standards for construction of access lanes shall be those included in LOC 50.06.003.1.d,Standards for Access Lanes. iii. Standards for construction of residential accessways shall be those included in LOC 50.06.003.3.c. iv. Where a temporary street-end is created,it shall be stubbed to the property line with posted notification identifying it as temporary and planned for future extension. [Cross-Reference:See LOC 50.07.003.1.a.iii.] (Ord.2892,Amended,06/07/2022;Ord.2832,Amended,01/07/2020;Ord.2797,Amended,11/06/2018;Ord.2760, Amended,12/05/2017;Ord.2725,Amended,12/06/2016;Ord.2687,Amended,12/15/2015;Ord.2612-A, Amended,05/21/2013;Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 5. TRANSIT SYSTEM a. Applicability This standard is applicable to all new subdivisions,planned developments,multi-family residential developments, and new commercial,institutional and industrial developments,and major public facility structures located on a transit street or within one-quarter mile of a transit street. b. Standards for Approval All applicable development as defined above shall be required to provide transit facilities and transit-oriented features. i. The extent of the transit-oriented features and transit facilities required for a particular site on a transit street shall be determined by the City,in coordination with Tri-Met,based upon an analysis of: (1) Level of existing and projected adjacent transit facilities; (2) Proximity of other ridership attractors,such as bus routes; (3) Size and trip generation potential of proposed development adjacent to transit street(within one- fourth mile of a transit street);and (4) Expected transit ridership generated by a development. ii. Transit-oriented features for a site within one-fourth mile of a transit street shall be provided to connect the development with: (1) The nearest adjacent transit street;or (2) Adjacent paths which lead to the nearest transit street. iii. Where a proposed development creates or contributes to a need for transit stops,pullouts,or other transit facilities,as identified by the City in coordination with Tri-Met,easements or right-of-way dedication may be required. (Ord.2892,Amended,06/07/2022;Ord.2579,Repealed and Replaced,03/20/2012) 50.06.004 SITE DESIGN Revised 4/23 1. LANDSCAPING,SCREENING,AND BUFFERING a. Applicability The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 426/669 LOC 50.06:DEVELOPMENT STANDARDS i. Except as provided in subsection 1.a.ii of this section,this section is applicable to: (1) All major development; (2) Multi-family dwelling; (3) Major public facilities; (4) Commercial development; (5) Institutional development; (6) Private recreational development; (7) Industrial development; (8) Subdivisions; (9) Partitions;and (10) Change of use that increases the number of required parking spaces by more than 25%. ii. The above developments located within: (1) The Downtown Redevelopment Design District shall comply with LOC 50.05.004 rather than the provisions of this section. (2) The FMU zone shall comply with the Foothills Building and Site Design Standards,LOC 50.11.007, Appendix G. b. Standards for Approval i. Commercial,institutional,and industrial development,other than in the Office Campus zone,shall provide a minimum of 15%of the net developable area in landscaping and/or open space visible from off site,including courtyards,planters,raised beds,espaliers,etc.Developments involving office campus and major public facilities shall provide a minimum of 20%. Exception:the area of public park land,if transfer of the land from the development site is accepted by the governmental agency,may be deducted from the landscaping area requirement. ii. Multi-family and manufactured home park development must provide 20%of the net developable area in landscaping in addition to the park and open space requirements. Exception:the area of public park land,if transfer of the land from the development site is accepted by the governmental agency,may be deducted from the landscaping area requirement. iii. Public and semi-public use must meet subsection 1.b.i or 1.b.ii of this section,depending on use. iv. All development abutting streets shall provide street trees at the proper spacing for the species. v. Parking lot plantings shall be designed to allow surveillance of the lot from the street at several points. vi. For commercial,institutional,industrial,multi-family dwelling,manufactured home parks,office campus, and major public facilities: (1) Screening and buffering shall be required: (a) To mitigate noise,lighting or other impacts from dissimilar uses. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 427/669 LOC 50.06:DEVELOPMENT STANDARDS (b) To screen public or private utility and storage areas and parking lots. (c) As a separation between dissimilar uses. (2) Landscaping visible from the street or other public right-of-way shall be complementary to the landscaping in the surrounding area. vii. Rare and endangered species as identified below shall be preserved: (1) Marsh or Sessile Trillium:"Trillium chloropetalum." (2) Fawn Lily:"Erythronium oregonum." (3) White Larkspur:"Delphinium leucophaeum." Editor's note:Ord.2695 incorrectly showed the partial amendment to a subsection that did not then exist: (viii). Landscaping that is required to be provided under LOC Article 38.25 Stormwater Management Code is counted towards meeting the landscaping required under this article/section. c. Standards for Installation and Construction i. All plant materials shall conform in size and quality grade to the American Standard for Nursery Stock, current edition. ii. All plant material shall be installed according to Sunset Western Garden Book,current edition. M. Except for single-family dwellings and middle housing developments that require street trees,all planting shall have an irrigation system installed to meet standards of Turf Irrigation Manual,current edition,unless the applicant can demonstrate to the satisfaction of the reviewing authority that such system is not necessary. iv. Existing vegetation may be used in a landscaping plan.Construction shall not be allowed within the drip lines of trees which are to remain.Finish grade shall be at the original grade or a well or planter constructed equal in size or greater than the drip line. v. Topsoil removed during construction shall be replaced with topsoil. vi. Plant materials for use in parking lots and streets shall have a mature height of less than 25 ft.in areas where overhead utilities are present. vii. Plant materials listed as"Prohibited Street Trees"in the Lake Oswego Master Plant List,LOC 50.11.004, Appendix D,shall be prohibited as street trees,except those cultivars that do not have the characteristics identified by its species. viii. Plant materials listed as nuisance or invasive in LOC 50.11.004,Appendix D,and the Invasive Tree Species List on file at the Planning Department shall be prohibited as required landscaping. ix. When a tree is located within a sidewalk,the tree base shall be protected from damage by pedestrians and other causes in a manner that complies with the'City Engineer's specifications knd applicable federal and state Commented[JD60]:Are such specifications aligned with law,i.e.,Americans with Disabilities Act. arboricultural best management practices? x. Plant material used for screening and buffering shall: Things to consider: •Do such tree base protections sufficiently protect trees (1) Be of a size to provide an effective screen within two to five years of the planting date. from soil compaction and known construction nearby? •Do tree base protections account for water infiltration? (2) Be planted in a single row on centers equal to one-half mature width of the plant material or in .Do tree base protections account for the inevitable staggered multiple rows. widening of the trunk? The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 428/669 LOC 50.06:DEVELOPMENT STANDARDS (3) Be a minimum of six ft.high at maturity;or as determined by the City Manager to buffer or screen a specific situation except as prohibited by LOC 42.03.130,Sight Distance at Roadway Intersections, Private Streets and Driveways. [Cross-References:LOC Chapter 55—Removal of Trees;LOC 50.06.001.3.d—Street Trees in the R-6 Zone.] (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2732,Amended,02/21/2017;Ord.2723, Amended,10/18/2016;Ord.2695,Amended,02/16/2016;Ord.2648,Amended,02/17/2015;Ord.2599,Amended, 12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. FENCESRevised 4/23 a. Applicability No person shall construct a fence,wall,or retaining wall in violation of this section. b. Location and Height FMU Standards Note:If the below provisions address the same subject as provided in the Foothills Building and Site Design Standards,LOC 50.11.007,Appendix G,those standards shall supersede the below provisions. i. In residential zones,fences and walls,or a fence/wall/retaining wall combination,shall not exceed six ft.in height unless otherwise provided below: (1) Four ft.in height when located within ten ft.of a property line abutting a public street or an access easement that serves more than two lots.This restriction shall not apply to properties that abut an access easement but do not have a legal right to use the easement.For purposes of determining fence height under this subsection,alleys are not considered as public streets. Exception 1:Fences or a fence/wall/retaining wall combination that is greater than four ft.but not more than six ft.in height may be located within ten ft.of a property line abutting a public street when the following criteria are met: (a)The fence or fence/wall/retaining wall combination is located within ten ft.of a property line abutting Bryant Road,Carman Drive,Country Club Road,Lakeview Boulevard,McVey Avenue, South Shore Boulevard,Stafford Road,and Westlake Drive;and (b)The top of the fence or fence/wall/retaining wall combination is not less than 25%open for a height of at least one ft.;and (c) The bottom of the fence shall be screened by shrubs planted from three gallon(minimum) containers and spaced no more than three ft.apart at the time of planting. Exception 2:Fences or a fence/wall/retaining wall combination that is greater than four ft.but not more than six ft.in height may be located within ten ft.of a property line abutting a public street when the following criteria are met: (a) The fence or fence/wall/retaining wall combination is located within ten ft.of a property line abutting Bryant Road,Carman Drive,Country Club Road,Lakeview Boulevard,McVey Avenue, South Shore Boulevard,Stafford Road,and Westlake Drive;and (b) The fence segments are staggered by at least 32 inches for every length over 20 ft.,or 16 inches for every length over ten ft.;and (c) The bottom of the fence shall be screened by shrubs planted from three gallon(minimum) containers and spaced no more than three ft.apart at the time of planting. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 429/669 LOC 50.06:DEVELOPMENT STANDARDS (2) Four ft.in height when located within the front yard setback of the Old Town Neighborhood. ii. Gates in a fence or wall located within ten ft.of a property line abutting a public street or an access easement shall not exceed six ft.in height. iii. Portals located within ten ft.of a property line abutting a public street or an access easement shall not exceed eight ft.in height. iv. Fences,walls,and retaining walls in nonresidential zones shall not exceed eight ft.in height.Mixed use commercial/residential zones shall be considered a residential zone for purposes of this section.A fence,wall, or retaining wall over six ft.in height shall be screened by an evergreen hedge which shall be of a size and spacing so as to provide a six-ft.high,dense screen within three years of the date of planting.Any fence over seven ft.in height requires a building permit. v. Fences,walls,retaining walls,gates,and portals shall comply with the provisions of LOC 42.03.130,Sight Distance at Roadway Intersections,Private Streets and Driveways. vi. Every body of water,as defined in LOC 50.10.003.2,shall have a barrier as required by the State of Oregon One and Two Family Dwelling Specialty Code. vii. Retaining Walls within Residential Zones (1) A retaining wall four ft.or less in height may be located in the required setback;provided,that if there are multiple retaining walls within the setback,each retaining wall shall be located no closer than five ft.to another retaining wall,as measured from the back of one retaining wall to the front of the other retaining wall. Exception:Retaining walls greater than four ft.in height are permitted if the retaining wall forms a window well that complies with the depth and length requirements for an exception to"Height of a Building,"in LOC 50.10.003.3. (2) Retaining walls greater than four ft.in height shall be required to meet all setback requirements, except as otherwise exempted. (3) Retaining walls shall not be permitted in any rights-of-way,except with prior approval of an encroachment permit. viii. Fence Located on Top of or Near Retaining Walls (1) The combined height of a retaining wall and fence,where the fence is located either on top of or within five ft.of the face of the retaining wall on the upslope side,shall be less than eight ft.,as measured from the lower side of the retaining wall. (2) No fence shall be located either on top of or within five ft.of the face of the retaining wall on the upslope side when either the retaining wall or the fence is located within ten ft.of a public or private street or an access easement which serves more than two lots. (3) When a fence is located on the top of a retaining wall,the fence shall be of a different class of material than the retaining wall,i.e.,if the retaining wall is masonry,the fence must be wood or metal. ix. Berms,when used in conjunction with fences or walls,shall be included in height determinations. x. Exceptions from Height Limitations The height limitations of this section do not apply to: (1) Fences which either provide security or are accessory or incidental to the use of a major public facility,minor public facility,or public transportation facilities;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 430/669 LOC 50.06:DEVELOPMENT STANDARDS (2) An open(80%open)fence which is not located in the front yard(forward of the primary structure to the front lot line)and which encloses part or all of a tennis court,swimming pool,playing field,park, recreation facility,public or semi-public utility structure;or (3) A noise fence permitted by the Oregon Department of Transportation abutting the right-of-way of Highway 43,but only to such height limits approved by ODOT;or (4) Retaining walls used to directly support a driveway or car parking area for a single-family residence; or (5) Retaining walls used to support right-of-way embankments subject to approval by the City Manager or designee. Such fence height exempted under the above subsections shall not exceed ten ft.except a noise fence under subsection 2.c.x(3)of this section. c. Materials—Standards for Construction i. The unfinished or structural side of a fence or retaining wall shall face the owner's property. ii. Fences shall not be constructed of,or contain,any material which will do bodily harm,such as electric or barbed wire,broken glass,spikes,or any other hazardous or dangerous material,except as follows: (1) Barbed wire or electrified fences enclosing permitted livestock are permitted provided the barbed wire and electrified fences shall be posted and flagged at not less than 15-ft.intervals with clearly visible warnings of hazard. (2) Barbed wire or upturned barbed salvage is permitted more than six ft.above grade in GC and Industrial zones;provided,that barbed wire shall not extend over a public or private street,alley,fire lane, or the property boundary of a property zoned residential.When used along a public or private street,the fence shall be screened from the street by an evergreen hedge which shall be of a size and spacing so as to provide a six-ft.high,dense screen within three years of the planting date. iii. The enclosure surrounding a body of water as defined in LOC 50.10.003.2 shall be of a material type and constructed such that no openings,holes or gaps exist which are larger than four in.in any dimension except for doors or gates. (1) All gates or door openings shall be equipped with an automatic closing and automatic latching device combined with a lock which must be locked when the facility is not in use.Doors of any occupied dwelling forming part of the enclosure need not be provided with the automatic locking and latching devices. iv. Within the R-DD zone: (1) Except for stone fences as authorized by subsection 3.d.iv(3)of this section,fencing included in the front yard shall be used in an ornamental or symbolic way,rather than as a visual barrier. (2) Metal chain link fencing is prohibited except for: (a) Temporary fencing used in tree protection measures as required in LOC 55.08.030 or in construction fencing;and (b) Vinyl clad metal chain link in the side and rear yards of properties located east of Furnace Street; provided,that the fence does not extend into the front yard setback. (3) Construction of new stone fences or maintenance of existing stone fences is encouraged. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 431/669 LOC 50.06:DEVELOPMENT STANDARDS (Ord.2909,Amended,02/07/2023;Ord.2732,Amended,02/21/2017;Ord.2668,Amended,12/01/2015;Ord. 2612-A,Amended,05/21/2013;Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. LIGHTING STANDARDS a. Applicability This section is applicable to: i. Minor or major development that results in increased use of public and private streets,public pathways and accessways,or open air parking lots; ii. Addition,removal,alteration,or expansion of light fixtures or poles in open air parking lots or public pathways or accessways;or iii. Addition,removal,alteration,or expansion of outdoor lighting on lots in PF and PNA zones. Exception:Temporary lighting for theatrical,television,and performance areas,and lights associated with special events are not subject to this section if no development occurs. b. Standards for Approval i. Public Pathways and Accessways Low level lighting of less than 0.3 average foot-candles and with a maximum uniformity of illuminating ratio not to exceed 20:1 shall be required in all zones,except the PF and PNA zones,unless the applicant can show that no night use of such facilities is planned. ii. Open Air Parking Lots The following standards shall apply to open air parking lots in all zones,except the PF and PNA zones: (1) General Provisions (a) For multi-level parking facilities,the roof level shall be considered an open air parking lot. (b) Open air parking lot lighting shall be designed to provide uniform lighting throughout the facility,but shall accomplish uniform lighting with the minimum lighting necessary for safety, security,and identification of necessary features. (c) Open air parking lot lighting shall not produce light trespass by the direct illumination of adjacent and nearby properties or streets. (d) Open air parking lot lighting shall not produce annoying or disabling glare at normal viewing angles. (e) Where an open air parking lot is not anticipated to have a nighttime use,or where lighting would be out of character with the immediate environment,the reviewing authority may waive the illumination requirement. (2) Equipment and Installation Standards (a) Open air parking lot lighting shall employ the use of full cut-off fixtures as defined by the Illuminating Engineering Society of North America(IESNA),except in special design districts where a particular"period"or architectural style has been adopted,or as specifically allowed by the reviewing authority. (b) Open air parking lot lighting shall use lamps whose emission is perceived as the warm (yellow/orange)end of the color spectrum,except under the circumstances permitted in this section. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 432/669 LOC 50.06:DEVELOPMENT STANDARDS (c) The maximum height of a pole mounted luminaire shall be 22 ft.,or the height of the associated building,if less than 22 ft.in height. (d) Fixtures shall be positioned or shielded so as to prevent light trespass onto adjacent properties, and glare from normal viewing angles. (e) Luminaires and poles shall be coated with a decorative protective fmish as approved by the reviewing authority or shall be manufactured of a colored composite material(such as fiberglass). Unpainted galvanized steel,stainless steel,or other"raw"metals are not acceptable. (f) Luminaires and poles shall be architecturally compatible with the associated use. (g) The use of wood poles shall be limited to parking lots in nature parks or similar natural areas. (3) Lighting Standards (a) Minimum level of illumination—0.15 foot-candles on the pavement. (b) Maximum level of illumination—4.0 foot-candles on the pavement. (c) Uniformity ratio 4:1. (d) The reviewing authority may grant an exception to the lighting standards upon finding that a particular use warrants a higher level of illumination to protect the public safety and welfare.The discouragement of property damage crime is not a sufficient factor in and of itself to warrant an exception to the lighting standards. (4) Prohibitions (a) Mercury vapor lamp fixtures and lamps. (b) Metal halide fixtures and lamps,unless the use thereof is warranted by exceptional security demands or the need for accurate color rendering,as determined by the reviewing authority.When approved,metal halide lamps shall be filtered. (c) Laser source lights. (d) Bare bulbs and strings of lights,except for traditional holiday lights during the respective holiday period. (e) Flickering lights. (f) Search lights. (g) Overhead spans of wire. (5) Curfew The reviewing authority may impose a curfew on all,or part of,an open air parking lot's lighting system, and may further impose the regulated system to be controlled by an automatic timer. (6) Nonconforming Lights (a) Open air parking lot light fixtures that are in service and which were lawfully installed prior to July 11,2003,are exempt from the requirements of this section,except that the replacement of damaged or obsolete nonconforming light fixtures shall conform to the requirements of this section. (b) Nonconforming lighting shall be replaced with a system that complies with this section when the remodeling of any use associated with an open air parking lot exceeds 50%of the value of that use,or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 433/669 LOC 50.06:DEVELOPMENT STANDARDS the removal and renewal or expansion of an open air parking lot exceeds 50%of the area occupied by the pre-existing parking lot. (7) Lighting Plan Required—Content Proposals to illuminate an open air parking lot shall include a lighting plan.Lighting plans shall be prepared by a qualified professional specializing in illumination,and shall illustrate iso-illuminance circles expressed in foot-candles.Lighting plans shall be accompanied with all pertinent technical data for the proposed luminaires.The reviewing authority may require lighting plans to account for the influence of adjacent off-site lighting,reflection off vertical surfaces,window spill,shadow causing objects,and any other factors deemed relevant in evaluating the perceived level of illumination. (8) Method of Measurement (a) Field measurements of illumination levels shall be measured with an instrument having a spectral response similar to that of the human eye,following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. (b) The height of a luminaire is the vertical distance between the surface of the ground and the lowest part of the luminaire. iii. Outdoor Lighting in PF and PNA Zones The following standards shall apply to outdoor lighting in the Public Functions(PF)and Parks and Natural Area(PNA)zones,except the luminaires and lighting systems listed below,or when used to light the following,are exempt from the requirements of this section: (1) Illuminated signs. (2) Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code. (3) Building Code required exit signs. (4) Lighting specifically for stairs and ramps. (5) Temporary and seasonal lighting;provided,that individual lamps are ten watts or less. (6) Lighting required and regulated by the Federal Aviation Administration,U.S.Coast Guard,or other federal or state agency. (7) Flagpole,provided the lighting is a maximum of 150 watts per flagpole and is mounted within three ft.of the centerline of the base of the pole and aimed upwards. (a) All outdoor lighting shall comply with either the prescriptive option or the performance option, below.The applicant may be required to pay for the services of a qualified professional civil or electrical engineer to review such submittals and the cost thereof shall be an additional fee charged to the applicant. (i) Prescriptive Option If the lighting is to comply with this prescriptive option,the installed lighting shall meet all of the following requirements: (A) The maximum luminaire lamp wattage and shielding shall comply with Table 50.06.004-1. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 434/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.004-1:MAXIMUM WATTAGE AND REQUIRED SHIELDING Zone Fully Shielded Shielded Partly Shielded Unshielded PNA 55 None permitted None permitted None permitted. (Natural Area) PNA 70 20 13 Low voltage landscape (Developed Park Area) lighting 50 watts or less. PF 150 70 39 Low voltage landscape (Nonpark Use) lighting 50 watts or less. Special Exception 450 150 150 Landscape and facade LOC 50.06.004.3.b.iv lighting 100 watts or less;ornamental lights on private streets and lanterns 40 watts or less. (B) The total lighting power for the site shall be less than or equal to the allowed lighting power.The allowed lighting power shall be determined according to Table 50.06.004-2. TABLE 50.06.004-2:ALLOWED LIGHTING POWER DENSITY (watts per sq.ft.(wife)unless otherwise noted) i Determine the allowed lighting power for each application by multiplying the area in plan by the allowed lighting power density for the application.Only one lighting power allowance can be claimed for any area.The actual lighting power must be equal to or less than the sum of the allowed lighting power for all applications. PNA Lighting Application Allowed Area PNA (Developed Park PF Special Exception (Natural Area) Area) (Nonpark Use) LOC 50.06.004.3.b.iv Paved area plus 5 ft. of the perimeter of adjacent unpaved land.Includes planters Hardscape and landscaped areas 0.03 0.05 0.07 0.20 less than 10 ft.wide that are enclosed by hardscape on at least 3 sides. Per door(stated Building Entrances values are watts,not 13 18 26 70 watts per sq.ft.). Building Entry and Canopy footprint Not allowed 0.10 0.20 0.70 General Use Canopies Vehicle Service Station Canopy Canopy footprint Not allowed 0.30 0.60 2.40 Omamental Lighting Entire site Not allowed Not allowed 0.010 0.04 Landscape Lighting Landscaped area Not allowed Exempt Exempt Exempt Building Facade Nonresidential use Not allowed Not allowedNot allowed Exempt Lighting (C) The maximum pole or mounting height shall not exceed the values listed in Table 50.06.004-3. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 435/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.004-3:MAXIMUM LIGHTING MOUNTING HEIGHT IN FEET Lighting for Private Roads, Lighting for Walkways, Zone Driveways,Parking,Bus Bikeways,Plazas and Other All Other Lighting Stops and Other Transit Pedestrian Areas Facilities PNA 20 8 4 (Natural Area) PNA 20 12 4 (Developed Park Area) PF 25 18 8 (Nonpark Use) Special Exception Height limit to be determined by special exception LOC 50.06.004.3.b.iv Lighting mounted on buildings or other structures shall not exceed a mounting height greater than 4 ft.higher than the tallest part of the building or structure at the place where the lighting is installed,nor higher than 33.33%of the horizontal distance of the light from the nearest property line,whichever is less. (D) Each luminaire shall be set back from all property lines at least three times the mounting height of the luminaire. (1) Exception 1:If the luminaire is used for the purpose of street,parking lot or public utility easement illumination purposes and is located less than three mounting heights from the property line,the luminaire shall employ a house side shield (opposite the direction of any public right-of-way nearest the luminaire). (2) Exception 2:If the subject property includes an exterior column,wall or abutment within 25 ft.of the property line,luminaire(s)partially shielded or better and not exceeding the lighting power allowed under Table 50.06.004-2:Allowed Lighting Power Density(but in no event exceeding 60 lamp watts)may be mounted onto the building facade or under or within an overhang or canopy attached thereto. (ii) Performance Option If the lighting is to comply with this performance option,the proposed lighting plan demonstrating compliance with the following standards shall be submitted by the applicant for review and approval by the City Engineer,and the City Engineer's decision shall be the fmal decision of the City: (A) The maximum percentage of direct uplight lumens shall be no greater than the amount allowed per Table 50.06.004-4:Performance Method. TABLE 50.06.004-4:PERFORMANCE METHOD Maximum Light Level at Property Line Maximum Percentage of Vertical Plane Facing the Zone Subject Site,from Grade to Direct Uptight Lumens(%) Horizontal Plane at Grade (foot-candles—fc) Mounting Height of highest Mounted Luminaire(foot- candles—fc) PNA 0 0.01 0.02 (Natural Area) PNA 1 0.05 0.1 (Developed Park Area) PF 5 0.2 0.4 (Nonpark Use) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 436/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.004-4:PERFORMANCE METHOD Maximum Light Level at Property Line Maximum Percentage of Vertical Plane Facing the Zone Subject Site,from Grade to Direct Uptight Lumens(%) Horizontal Plane at Grade (foot-candles—fc) Mounting Height of Highest Mounted Luminaire(foot- candles—fc) Special Exception 20 0.4 0.8 LOC 50.06.004.3.b.iv (B) The maximum light level at any property line shall be no greater than the values in Table 50.06.004-4:Performance Method,as evidenced by a complete photometric analysis including horizontal illuminance of site and vertical illuminance on the plane facing the site up to the mounting height of the luminaire mounted highest above grade.The City Engineer may accept a photometric analysis report,demonstration or sample,or other satisfactory confirmation that the luminaire meets the shielding requirements of Table 50.06.004-1:Maximum Wattage and Required Shielding.Luminaires shall not be mounted so as to permit aiming or use in any way other than the manner maintaining the shielding classification required herein. Exception 1:If the property line abuts a public right-of-way,the analysis may be performed at the property boundary across the public right-of-way from the site. Exception 2:If unique site characteristics(topography,differences in grade between the subject property and the abutting parcel)make compliance impractical with the maximum light level requirements,an exception to this subsection may be granted by the City Engineer.The City Engineer may impose conditions of approval to mitigate any negative impacts resulting to the abutting parcel,based on best lighting practices and available lighting technology. (b) Curfew.All prescriptive or performance based exterior lighting systems shall be controlled by automatic device(s)or system(s)that initiate operation at dusk and either extinguish lighting at the curfew times according to Table 50.06.004-5:Curfew Time,or reduce lighting density at the curfew time to not more than 50%of the requirements set forth in Table 50.06.004-2:Allowed Lighting Power Density. TABLE 50.06.004-5:CURFEW TIME Zone Curfew Time PNA (Natural Area) 8:00 PM(2000 hours)—5:00 AM(0500 hours) PNA (Developed Park Area) PF 10:00 PM(2200 hours)—5:00 AM(0500 hours) (Nonpark Use) Special Exception Midnight(2400 hours)—5:00 AM(0500 hours) LOC 50.06.004.3.b.iv (i) Exception:Automatic lighting control systems or devices are not required for the following: (A) When there is only one(conforming)luminaire for the site. (B) Building Code required lighting. (C) Lighting for ramps,steps and stairs. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 437/669 LOC 50.06:DEVELOPMENT STANDARDS (D) Uses that operate continuously or periodically after curfew. iv. Special Exception for Lighting Fixtures and Systems Exceeding Subsection iii,Outdoor Lighting in PF and PNA Zones,Requirements (1) The reviewing authority may allow site lighting systems to be installed,modified,or replaced that do not comply with subsection 3.b.iii of this section.Such lighting may include sports lighting systems (including but not limited to sport fields and stadiums,such as baseball field and football field lighting, tennis court lighting,and swimming pool area lighting),other very intense lighting defined as having a light source exceeding 200,000 lumens or an intensity in any direction of more than 2,000,000 candelas, construction lighting for public infrastructure and similar projects,emergency construction projects that require construction at night,bridges,building facade lighting to light portions of buildings over two stories high,and public monuments. (a) Applicants shall demonstrate that the proposed lighting installation: (i) Is within the PF or PNA zone. (ii) Has no practicable alternative. (iii) Has received every reasonable effort to mitigate glare,light trespass,and artificial sky glow,by application of best lighting practices or available technology,and supported by a signed statement from a registered civil or electrical engineer describing the mitigation measures.Such statement shall include calculations indicating the light trespass levels (horizontal and vertical at ground level)at the property line(s). (b) The reviewing authority may impose conditions of approval to mitigate any negative impacts resulting to the abutting parcel(s),based on best lighting practices and available lighting technology. v. Street Lighting (1) Street lighting installations shall achieve criterion values listed in Table 50.06.004-6. TABLE 50.06.004-6:CITY STANDARD CRITERIA FOR STREET AND ROADWAY LIGHTING(FOOT-CANDLES—FC) ___ R-3,R-5,R-7.5,R-6, R-10,and R-15,R- RA,R-2,WLG R- GC NC,MC,EC, PNA DD,PNA 2.5,I,IP,and HC,�OC,WLG OC, Special Exception (Natural Area)Zone (Developed Park CR&D Zones WLG RMU and CI LOC 50.06.004.3.b.iv Area),PF and R-W Zones Zones LOCAL STREETS Not permitted Light levels at Light levels Light levels Light levels intersections only* Avg:Light Level N/A 0.3 fc 0.3 fc 0.4 fc 0.4 fc Avg:Min.Uniformity N/A 6:1 6:1 6:1 6:1 Max:Min.Uniformity N/A 40:1 40:1 40:1 40:1 NEIGHBORHOOD Not permitted Light levels at Light levels Light levels Light levels COLLECTORS intersections only* Avg:Light Level N/A 0.3 fc 0.4 fc 0.6 fc 0.6 fc Avg:Min.Uniformity N/A 4:1 4:1 4:1 4:1 Max:Min.Uniformity N/A 20:1 20:1 20:1 20:1 MAJOR Not permitted Light levels Light levels Light levels Light levels COLLECTOR/MINOR ARTERIAL The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 438/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.004-6:CITY STANDARD CRITERIA FOR STREET AND ROADWAI LIGHTING(FOOT-CANDLES—FC) R-3,R-5,R-7.5,R-6, R-10,and R-15,R- R-0,R-2,WLG R- GC,NC,MC,EC, PNA DD,PNA 2.5,I,IP,and HC,OC,WLG OC, Special Exception (Natural Area)Zone (Developed Park CR&D Zones WLG RMU and CI LOC 50.06.004.3.b.iv Area),PF and R-W Zones Zones Avg:Light Level N/A 0.3 fc 0.4 fc 0.6 fc 1.0 fc Avg:Min.Uniformity N/A 4:1 4:1 4:1 4:1 Max:Min.Uniformity N/A 20:1 20:1 20:1 20:1 MAJOR ARTERIALS Street lighting standards for major arterials shall be determined by the City Engineer,who may require an independent engineering study to determine the appropriate lighting system. *Luminaires only within 150 ft.of the center point of an intersection. (a) Exception:Federal or state requirements that require a higher illumination value than required by this Code. (2) Street lighting systems shall be designed using the IES"Classical"horizontal foot-candle method per IES/ANSI RP-8-01,and as follows: (a) The applicant shall demonstrate compliance with Table 50.06.004-6 by submitting to the City Engineer point-by-point calculations assuming 65%light loss factor for metal halide and 80%for LED,high pressure sodium,tungsten,fluorescent and induction lamp sources.Submitted street lighting plans shall indicate luminaire types and locations and provide isocandle plots including statistical summaries of roadway lighting. (b) Luminaires shall be fully shielded. (i) Exception:Historic or architectural street lights located in a designated design district. (c) The City Engineer may require street lighting that deviates from Table 50.06.004-6:City Standard Criteria for Street and Roadway Lighting upon finding that a particular street,or portion thereof,warrants a higher level of illumination to protect the public safety and welfare.The City Engineer's decision shall be the fmal decision of the City.The discouragement of property damage crime is not a sufficient factor in and of itself to warrant the deviation from Table 50.06.004-6. (Ord.2832,Amended,01/07/2020;Ord.2797,Amended,11/06/2018;Ord.2723,Amended,10/18/2016;Ord.2579, Repealed and Replaced,03/20/2012) 50.06.005 PARK AND OPEN SPACE CONTRIBUTIONS 1. APPLICABILITY a. Except as provided in LOC 50.06.005.1.b,this section is applicable to all major development,and to the following minor developments: i. Construction or alteration of multi-family dwelling; ii. Construction or alteration of major public facilities; iii. Construction or alteration of commercial development; iv. Construction or alteration of institutional development; v. Construction or alteration of private recreational development; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 439/669 LOC 50.06:DEVELOPMENT STANDARDS vi. Construction or alteration of industrial development;and vii. Major partitions and subdivisions. b. The above developments located within: i. The Downtown Redevelopment Design District shall comply with LOC 50.05.004.8 rather than the provisions of this section. ii. The FMU zone is not subject to this section. (Ord.2723,Amended,2016;Ord.2612-A,Amended,05/21/2013;Ord.2599,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 2. DEVELOPMENT REVIEW The review procedures for park and open space contributions are located in LOC 50.07.004.7,Park and Open Space Contribution. (Ord.2579,Repealed and Replaced,03/20/2012) 3. STANDARDS FOR APPROVAL a. Amount of Open Space Required i. All developments,except as otherwise provided by this section,shall provide open space land approved by the City in an aggregate amount equal to at least 20%of the net developable area of the development. ii. Commercial(except commercial development in OC zone),institutional,and industrial development shall provide open space approved by the City in an aggregate amount equal to at least 15%of the net developable area of the development. iii. Land divisions listed in LOC 50.06.005.I.a.vii on sites of greater than 75,000 sq.ft.in size shall provide open space approved by the City in an aggregate amount equal to at least 20%of the net developable area of the development. iv. Subdivisions and major partitions of 75,000 sq.ft.or less shall provide open space for the following areas of the site,in order of priority: (1) Areas identified as RP(Resource Protection)on the Sensitive Lands Map. (2) If a pathway identified on the Transportation System Plan already exists on or abutting the site,or is to be dedicated or improved as part of the subdivision or major partition,a five-ft.buffer shall be provided along each side of the pathway,to a maximum of 20%of the gross site area.If the buffer area would exceed 20%of the gross site area,the buffer area shall be uniformly reduced along the pathway so that the buffer area is 20%of the gross site area. Exception:The buffer width maybe reduced to a lesser amount,up to zero,as designated by an adopted plan for the mapped pathway. (3) The area of the site contains resources identified as Class I or II Riparian Corridors/Wildlife Habitat that are not designated RP;provided,however,the maximum required area is 20%of the gross site area. [Cross-Reference:Class I or II Riparian Corridors/Wildlife Habitat are identified on the Metro map of Regionally Significant Fish and Wildlife Habitat Inventory Map.See MetroMap at https://gis.oregonmetro.gov/metromap/? ga=1.107051716.739631480.1447199768,and select"Riparian Habitat"for interactive map that can zoom in to the specific area.] (4) The area of the site contains resources meeting the criteria for Habitat Benefit Areas(HBA)and the applicant elects to use the code incentives in LOC 50.05.010.7. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 440/669 LOC 50.06:DEVELOPMENT STANDARDS b. Required Open Space—How Provided i. Open space land in commercial,institutional,public use,industrial and office campus development may be provided as a combination of reserved land and landscaping. ii. Where no RP or RC district resources are located on the site,the open space requirement can be met by protecting designated Habitat Benefit Area(HBA)area pursuant to LOC 50.05.010.7,by protecting nondesignated natural resource areas,and/or providing landscaping which meets the requirements of the landscaping standard. iii. Public park land,if transfer of the land from the development site is accepted by the governmental agency. (Ord.2853,Amended,11/03/2020;Ord.2732,Amended,02/21/2017;Ord.2687,Amended,12/15/2015;Ord.2648, Amended,02/17/2015;Ord.2643,Amended,11/04/2014;Ord.2612-A,Amended,05/21/2013;Ord.2579, Repealed and Replaced,03/20/2012) 4. STANDARDS FOR CONSTRUCTION a. Maintenance. i. Natural Areas. Natural areas shall remain in natural condition existing at the time of their designation,except as follows: (1) Removal of invasive plants(i.e.,see the Lake Oswego Master Plant List). (2) Removal of litter. (3) Installation and maintenance of any soft surface trails(note:see LOC 50.05.010.5.c.iii(5)and 50.05.010.6.c.ii(1)(e)(i)(C). (4) Irrigation and maintenance of trees and vegetation as necessary for their survival. (5) Planting of trees and vegetation necessary to maintain the functions and values of the natural resource,but primarily not for decorative landscaping purposes. (6) Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the natural area. (7) Installation of any signage that identifies or protects the natural resource,natural vegetation,and passive recreation facilities. I(8) Removal of any hazardous trees,pursuant to LOC Article 55.02(note:condition of approval may require tree to be converted to a wildlife tree). Commented[JD61]:In many instances,hazards can be mitigated through pruning branches that impose risk. (9) Installation and maintenance of fencing that complies with the following: Consider altering language here to dissuade tree removal for hazards that can be mitigated through pruning (a) No taller than three ft.; (b) Non-sight-obscuring;and (c) No wire mesh or cyclone fence. Such fencing shall be compliant with the provisions of LOC 50.06.004.2 regarding standards for construction and standards for maintenance of fences,and,if applicable,LOC 50.05.010.5 or 50.05.010.6. (10) Removal of invasive,hazardous or emergency trees,notwithstanding any recorded restriction limiting removal of vegetation;and removal of dead trees,except as otherwise restricted by LOC 50.05.010,Sensitive Lands Overlay. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 441/669 LOC 50.06:DEVELOPMENT STANDARDS ii. Parks. Parks shall be maintained by undertaking the following: (1) Any activities permitted in natural areas above. (2) Repair of any natural waterway or wetland which is necessary to maintain the functions and values of any waterway or wetland resource within the park. (3) Installation of any signage that identifies or protects the park facilities or vegetation. (4) Installation and maintenance of recreation facilities. b. Responsibility and Enforcement. Maintenance of private open space shall be the common responsibility of the lot owners,which may be exercised through a homeowners association.If not maintained in accordance with this section,the City of Lake Oswego may enforce the maintenance obligations against the association and lot owners as provided in the covenants. (Ord.2732,Amended,02/21/2017;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 5. DENSITY TRANSFER a. Density Transfer Allowed Open space may be included in the net site area when determining the maximum allowable density.Structures that otherwise might have been located on open space may be transferred to other portions of the site,and lot areas may be reduced to offset for land reserved as open space,as long as the overall density remains within the maximum permitted by the zone. (Ord.2579,Repealed and Replaced,03/20/2012) 50.06.006 GEOLOGIC HAZARDS AND STORMWATER MANAGEMENT 1. WEAK FOUNDATION SOILS a. Applicability This section applies in all areas identified as"Potential Weak Foundation Soils"to all: i. Minor and major development which will involve proposed structures,or ii. Ministerial construction of structures where the requirements of this article have not been previously applied to the development site. b. Weak Foundation Soils Maps i. Weak foundation soils are identified in the"Engineering Geology"report supplement and accompanying map of the Lake Oswego Physical Resources Inventory,March 1976. ii. These soils are also identified and described in the report entitled"Soil Survey Interpretations for Land Use Planning and Community Development,Lake Oswego Area,Oregon,"USDA Soil Conservation Service, December 1975. The SCS map units which correspond to the Engineering Geology units above are listed in Table II: Characteristics and Limitations of Earth Materials,in the Engineering Geology Report of L.O.P.R.I. c. Development Review The review procedures for a determination of weak foundation soils are located in LOC 50.07.004.10,Weak Foundation Soils Determination Procedures. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 442/669 LOC 50.06:DEVELOPMENT STANDARDS d. Standards for Approval The actual presence of weak foundation soil is not a cause for denying development,but may cause structural modifications to be required,or structures to be relocated. (Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 2. HILLSIDE PROTECTION a. Applicability This section applies in areas identified as"Slide Area,""Slide Hazard,"or parcels that have undisturbed slopes in excess of 12%,and where: i. Minor and major development will involve proposed structures;or ii. Ministerial construction of structures where the requirements of this article have not been previously addressed. b. Hazard Area Maps Known Potential Severe Landslide Hazard Areas are described and mapped in the Engineering Geology chapter of the Lake Oswego Physical Resources Inventory,March 1976,on file at City Hall;specifically in Table II, Characteristics and Limitations of Earth Materials,and Engineering Geology map. c. Development Review The review procedures for development in a hillside protection area are located in LOC 50.07.004.3,Hillside Protection. d. Standards for Approval i. All developments on undisturbed slopes shall be designed to minimize the disturbance of natural topography,vegetation and soils. ii. Cuts and fills shall conform to the minimum requirements of LOC Chapter 45. iii. Development Prohibited (1) Where landslides have actually occurred,or where field investigation confirms the existence of a severe landslide hazard,development shall be prohibited except as provided in subsection 2.d.iii(2)of this section. (2) Exceptions.A licensed geotechnical engineer,registered civil engineer experienced in soils engineering,or licensed engineering geologist shall certify that methods of rendering a known hazard site safe for construction are feasible for a given site.The applicant shall establish that the proposed methods are adequate to prevent landslides or damage to property and safety.The granting authority may allow development in a known or confirmed landslide hazard area if specific findings are made that the specific provisions in the design of the proposed development will prevent landslides or damage.The granting authority may apply any conditions,including limits on type or intensity of land use,which it determines are necessary to assure that landslides or property damage will not occur. iv. Cuts and Fills On land with unretained undisturbed slopes in excess of 12%,cuts and fills shall be regulated in accordance with LOC Chapters 45 and 52,and as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 443/669 LOC 50.06:DEVELOPMENT STANDARDS (1) Toes of cuts and fills shall be set back from boundaries of separate private ownerships at least three ft.,plus one-fifth of the vertical height of the cut or fill.Where a variance is required from that requirement,slope easements shall be provided. (2) Cuts shall not remove the toe of any slope where a severe potential landslide or erosion hazard exists (as defined in this standard). (3) Any structural fill shall be designed by a registered engineer,in accordance with standard engineering practice;the engineer shall certify that the fill has been constructed as designed and in accordance with the provisions of LOC Chapter 45. (4) Retaining walls shall be constructed in accordance with the Oregon State Structural Specialty Code, as enacted on January 1,2002,or as thereafter amended by the Oregon Building Codes Division. (5) No more than 65%of area in undisturbed slopes of 20%to 50%shall be graded or stripped of vegetation. v. Roads shall be the minimum width necessary to provide safe vehicle access,minimize cut and fill,and provide positive drainage control,all in accordance with LOC Chapter 42. vi. Land over 50%undisturbed slope shall be developed only where density transfer is not feasible.The development will provide that: (1) At least 70%of the site will remain free of structures or impervious surfaces. (2) Emergency access can be provided. (3) Design and construction of the project will not cause erosion or land slippage. (4) Grading,stripping of vegetation,and changes in terrain are the minimum necessary to construct the development. e. Construction Standards i. All development activity on undisturbed slopes shall minimize stripping or other soil disturbance and shall provide prevention measures in accordance with LOC Chapter 52,Erosion Control. ii. Plastic mulch may be used only temporarily,during construction activities. iii. Slope stabilization and revegetation measures: (1) No grading,clearing or excavation of any land shall be initiated prior to approval of the grading plan. The plan shall be approved by the City Manager as part of the development permit. (2) The developer shall be responsible for the proper execution of the approved grading plan. (Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. STORMWATER MANAGEMENT STANDARDS a. Applicability Stormwater management requirements are applicable to all development where: i. Greater than 1,000 sq.ft.of impervious surface is created;or ii. The sum of impervious surface created and/or replaced is greater than 3,000 sq.ft.;or iii. Maintenance is performed on greater than or equal to 3,000 sq.ft.of existing impervious surface that results in an additional offsite hydrological impact. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 444/669 LOC 50.06:DEVELOPMENT STANDARDS b. Standards for Approval The applicant must demonstrate that,based upon LOC Article 38.25,Stormwater Management Code,the capacity, type,location,feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities as well as any connection to off-site facilities can be provided. Stormwater management measures and requirements are detailed in LOC 38.25.001 through 38.25.190 and in the current version of the Lake Oswego Stormwater Management Manual. (Ord.2695,Amended,02/16/2016;Ord.2687,Amended,12/15/2015;Ord.2526,Amended,12/18/2012;Ord.2579, Repealed and Replaced,03/20/2012) 50.06.007 SOLAR ACCESS 1. SOLAR ACCESS FOR NEW DEVELOPMENT a. Purpose The purposes of the solar access provisions for new development are to ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees. b. Applicability The solar design standard in LOC 50.06.007.1.c shall apply to subdivision applications that create lots intended for single-family detached or middle housing dwellings in any zone,except to the extent the reviewing authority finds that the applicant has shown one or more of the conditions listed in LOC 50.04.004.1,Exemptions from Solar Design Standard,and LOC 50.04.004.2,Adjustments to Solar Design Standard,exist and exemptions or adjustments provided for therein are warranted. c. Solar Design Standard At least 80%of the lots in a development subject to this section shall comply with one or more of the options in this section.In order to be included in the 80%requirement,a lot must also comply with LOC 50.06.007.1.d. i. Basic Requirement A lot complies with this section if it: (1) Has a north-south dimension of 90 ft.or more;and (2) Has a front lot line that is oriented within 30°of a true east-west axis. ii. Protected Solar Building Line Option In the alternative,a lot complies with this section if a solar building line is used to protect solar access as follows: (1) A protected solar building line for the lot is designated on the plat,or documents recorded with the plat;and (2) The protected solar building line for the lot is oriented within 30°of a true east-west axis;and (3) There is at least 70 ft.between the protected solar building line on the lot to the north and the middle of the north-south dimension of the lot to the south,measured along a line perpendicular to the protected solar building line;and (4) There is at least 45 ft.between the protected solar building line and the northern edge of the buildable area of the lot,or habitable structures are situated so that at least 80%of their south-facing wall will not be shaded by structures or solar-unfriendly vegetation. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 445/669 LOC 50.06:DEVELOPMENT STANDARDS Performance Option In the alternative,a lot complies with this section if: (1) Habitable structures built on the lot will have their long axis oriented within 30°of a true east-west axis and at least 80%of their ground floor south wall protected from shade by structures and solar- unfriendly trees;or (2) Habitable structures built on the lot will have at least 32%of their glazing and 500 sq.ft.of their roof area which faces within 30°of south and is protected from shade by structures and solar-unfriendly trees. d. Protection from Future Shade Structures and solar-unfriendly vegetation must comply with the Solar Balance Point provisions,LOC 50.06.007.2, for existing lots if located on a lot that is subject to the solar design standard in LOC 50.06.007.1.c,or if located on a lot south of and adjoining a lot that complies with the solar design standard. (Ord.2892,Amended,06/07/2022;Ord.2797,Amended,11/06/2018;Ord.2612-A,Amended,05/21/2013;Ord. 2579,Repealed and Replaced,03/20/2012) 2. SOLAR BALANCE POINT a. Purpose The purposes of this section are to promote the use of solar energy,to minimize shading of structures by structures and accessory structures,and,where applicable,to minimize shading of structures by trees.Decisions related to these provisions are intended to be ministerial and not subject to a public hearing and are to be processed as a part of the consideration of the minor development permit for the affected structures. b. Applicability This section applies to an application for a building permit for all structures in the R-7.5,R-10 and R-15 zones and all single-family detached structures in any zone,except to the extent the City Manager finds the applicant has shown that one or more of the conditions listed in LOC 50.04.004.3,Exemption from the Maximum Shade Point Height Standard,and LOC 50.04.004.4,Adjustments to the Maximum Shade Point Height Standards,exists,and exemptions or adjustments provided for therein are warranted.In addition,solar-unfriendly vegetation planted on lots subject to the provisions of LOC 50.06.007.1.d,Protection from Future Shade,shall comply with the maximum shade point height standard.Solar plan procedures are located in LOC 50.07.004.9.1 c. Maximum Shade Point Height Standard The height of the shade point shall comply with either subsection 2.c.i or ii of this section. i. Basic Requirement The height of the shade point shall be less than or equal to the height specified in Table 50.06.007-1 or computed using the following formula.If necessary,interpolate between the five-ft.dimensions listed in Table 50.06.007-1. TABLE 50.06.007-1:CALCULATION OF HEIGHT OF SHADE POINT H = (2 x SRL)—N+150 5 Where H = The maximum allowed height of the shade point. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 446/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.007-1:CALCULATION OF HEIGHT OF SHADE POINT SRL = Shade reduction line(the distance between the shade point and the northern lot line);and N = The north-south lot dimension; provided,that a north-south lot dimension more than 90 ft.shall use a value of 90 ft.for this section. Provided,the maximum allowed height of the shade point may be increased one ft.above the amount calculated using the formula or Table 50.06.007-2 for each ft.that the average grade at the rear property line exceeds the average grade at the front property line. TABLE 50.06.007-2:MAXIMUM PERMITTED SHADE POINT HEIGHT Distance North-South Lot Dimension(in ft.) to Shade Reduction Line from Northern 100+ 95 90 85 80 75 70 65 60 55 50 45 40 Lot Line (in ft.) 70 40 40 40 41 42 43 44 65 38 38 38 39 40 41 42 43 60 36 36 36 37 38 39 40 41 42 55 34 34 34 35 36 37 38 39 40 41 50 32 32 32 33 34 35 36 37 38 39 40 41 42 45 30 30 30 31 32 33 34 35 36 37 38 39 40 40 28 28 28 29 30 31 32 33 34 35 36 37 38 35 26 26 26 27 28 29 30 31 32 33 34 35 36 30 24 24 24 25 26 27 28 29 30 31 32 33 34 25 22 22 22 23 24 25 26 27 28 29 30 31 32 20 20 20 20 21 22 23 24 25 26 27 28 29 30 15 18 18 18 19 20 21 22 23 24 25 26 27 28 10 16 16 16 17 18 19 20 21 22 23 24 25 26 5 14 14 14 15 16 17 18 19 20 21 22 23 24 ii. Performance Option The proposed structure,or applicable solar-unfriendly vegetation,will shade not more than 20%of the south- facing glazing of existing habitable structure(s),or,where applicable,the proposed structure or solar-unfriendly vegetation complies with LOC 50.06.007.1.c.ii or iii.If the protected solar building line is used,solar- unfriendly trees and the shade point of structures shall be set back from the protected solar building line two and one-half ft.for every one ft.of height of the structure or of the mature height of solar-unfriendly vegetation over two ft. d. Analysis of Allowed Shade on Solar Feature The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 447/669 LOC 50.06:DEVELOPMENT STANDARDS i. The applicant is exempt from this section if the lot(s)south of and adjoining the applicant's property is exempt from LOC 50.06.007.2.c,Maximum Shade Point Height Standard. ii. Applicants shall be encouraged to design and site a proposed habitable structure so that the lowest height of the solar feature(s)will not be shaded by buildings or solar-unfriendly trees on lot(s)to the south.The applicant shall complete the following calculation procedure to determine if the solar feature(s)of the proposed structure will be shaded.To start,the applicant shall choose which of the following sources of shade originating from adjacent lot(s)to the south to use to calculate the maximum shade height at the north property line: (1) Existing structure(s)or solar-unfriendly trees;or (2) The maximum shade that can be cast from future buildings or solar-unfriendly trees,based on Table 50.06.007-3.If the lot(s)to the south can be further divided,then the north-south dimension shall be assumed to be the minimum lot width required for a new lot in that zone. TABLE 50.06.007-3:ADJACENT SHADE CALCULATION North- south lot dimension of 100 95 90 85 80 75 70 65 60 55 50 45 40 adjacent lot(s)to the south (in ft.) Allowed 12 12 12 13 14 15 16 17 18 19 20 21 22 shade height (SH)at the north property line of adjacent lot(s)to the south (in ft.) iii. The height of the lowest point of any solar feature of the proposed structure shall be calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south. iv. The applicant shall determine the height of the shadow that may be cast upon the applicant's solar feature by the source of shade selected in subsection 2.d.ii of this section by using the following formula or Table 50.06.007-4. SFSH = SH—(SGL/2.5) Where:SFSH = The allowed shadow height on the solar feature. SH = The height of the shade at the northern lot line of lot(s)to the south as determined in LOC 50.06.007.2. SGL = The solar gain line(the distance from the solar feature to the northern lot line of adjacent lot(s)to the south). Table 50.06.007-3 maybe used to determine(SH)in the above formula. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 448/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.007-4:MAXIMUM PERMITTED HEIGHT OF SHADOW AT SOLAR FEATURE Distance from Solar Allowed Shade Height(SH) Gain at Northern Lot Line of Adjacent Lot(s)to the South(in ft.) Line to Lot Line (in ft.) 22 21 20 19 18 17 16 15 14 13 12 50 2 1 45 4 3 2 1 40 6 5 4 3 2 1 35 8 7 6 5 4 3 2 I 30 10 9 8 7 6 5 4 3 2 1 25 12 11 10 9 8 7 6 5 4 3 2 20 14 13 12 11 10 9 8 7 6 5 4 15 16 15 14 13 12 11 10 9 8 7 6 10 18 17 16 15 14 13 12 11 10 9 8 5 20 19 18 17 16 15 14 13 12 11 10 v. If the allowed shade height on the solar feature calculated in subsection 2.d.iv of this section is higher than the lowest height of the solar feature calculated in subsection 2.d.iii of this section,the applicant shall be encouraged to consider any changes to the house design or location which would make it practical to locate the solar feature so that it will not be shaded in the future. e. Solar Balance Point If a structure does not comply with the maximum shade point height standard in LOC 50.06.007.2.c and the allowed shade on a solar feature standard in LOC 50.06.007.2.d,then the solar balance point of the lot shall be calculated. The solar balance point is the point on the lot where a structure would be the same from complying with both of these standards. f. Yard Setback Adjustment A yard setback may be adjusted for solar access according to the provisions of LOC 50.04.003.3.d,Solar Access Yard Setback Adjustment. (Ord.2797,Amended,11/06/2018;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced, 03/20/2012) Code reviser's note:LOC 50.007.004.9 repealed by Ord.2797,effective December 16,2018. 50.06.008 UTILITIES Revised 4/23 1. APPLICABILITY All development requiring connection to utilities. (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 449/669 LOC 50.06:DEVELOPMENT STANDARDS 2. DEVELOPMENT REVIEW The review procedures for utilities are located in LOC 50.07.004.11,Utilities. (Ord.2579,Repealed and Replaced,03/20/2012) 3. STANDARDS FOR APPROVAL a. Utilities Required The following utilities,whether on or off site,shall be provided to all development in the City of Lake Oswego,in accordance with City Engineering Division's policies,design standards,technical specifications and standard details: i. Sanitary sewer systems; ii. Water distribution systems; iii. Sidewalks and any special pedestrian ways and bicycle paths; iv. Street name signs; v. Traffic control signs and devices; vi. Street lights,which shall be served from an underground source of power; vii. Underground utility and service facilities,as required; viii. Streets; ix. Provision for underground T.V.cable. The City Manager may require that utility designs be prepared by a registered engineer. b. Easements or right-of-way for utilities and associated and related facilities shall be provided by the property owner.Easements for anticipated future utilities or extensions may be required by the City Manager. c. Sanitary sewers shall be installed to serve the development and to connect the development to existing mains. d. Design shall take into account the capacity and grade to allow for desirable future extension beyond the development,and where required by the City Manager,extended to the upstream property line to allow for such future extension. e. All sanitary sewers and appurtenant structures shall be designed and constructed in conformance with City Engineering Division's policies,design standards,technical specifications and standard details,and shall include, but not be limited to,such items as: i. Pipe size and materials; ii. Manholes; iii. Cleanouts; iv. Backfill requirements; v. Service laterals. f. All development shall be served by service lines,main water lines and fire hydrants which are connected to City mains or the water mains of water districts which provide service within the City. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 450/669 LOC 50.06:DEVELOPMENT STANDARDS g. Design of water system improvements shall take into account provision for extension beyond the development to adequately grid or loop the City system. h. One water service line shall be provided to each lot in a development,or if the development does not include lots,to each building in the development.Each structure with plumbing shall connect to the water system.The system shall be designed to supply fire flow requirements of LOC Chapter 45. (Ord.2579,Repealed and Replaced,03/20/2012) 4. STANDARDS FOR CONSTRUCTION Revised 4/23 a. Utility easement widths shall be the minimum width possible to facilitate utility installation and maintenance, and shall be a minimum of 15 ft.(seven and one-half ft.on each side)in width on easements not adjacent to a street right-of-way per LOC 42.18.1030.1.c,unless otherwise approved by the City Engineer. b. Utility construction within easements shall minimize disturbance to existing conditions,especially trees and other vegetation. c. Any disturbed areas within easements shall be restored to a condition similar to the condition prior to construction,including the replacement of plants of similar species as those removed or damaged.Replacement trees shall be of similar species and be a minimum of one and one-half in.caliper. d. Utilities to the development and existing utilities along the development's street frontage shall be installed underground unless exempted by the City Manager for any of the following reasons: i. Developments which need multiphase voltages or high kilo volt amperes(kVA)demands may develop with pad transformers where underground transformers are not feasible.Pad-mounted transformers shall be buffered from sight by landscaping or other suitable methods. ii. Pad-mounted transformers are allowed in subdivisions,but shall be buffered from sight by landscaping or other suitable methods. iii. Above ground telephone and cable television junction boxes are allowed. iv. Accessory Dwelling Units(ADUs).No undergrounding of existing or new utilities along street frontages is required.Undergrounding of new on-site utilities is required for ADUs that add floor area. v. Remodel of Structures.No undergrounding of existing or new utilities along street frontages is required. Undergrounding of new on-site utilities is required for building additions that add floor area. vi. Land Division in Residential Zone.If the parcel of land that is the subject of a land division("parent parcel")is less than four times the minimum lot area for the residential zone(regardless of the actual number of lots created by the land division),existing utilities along the street frontage are exempt,but new utilities to development within the area of the parent parcel shall be installed underground. vii. Deferred Undergrounding.Any requirement to underground existing utilities along the street frontage ("street frontage"applies to both sides of a street)of a development may be deferred by the City Manager upon fmding that undergrounding of utilities is not practicable at the time.In lieu of then undergrounding,the owner shall execute a covenant,approved by the City Attorney,and recorded in the official records of the county where the real property is located,binding upon the lots created by the land division of the parent parcel in any zone,and any later land divisions of those lots: (1) Waiving the right to remonstrate regarding the formation of a local improvement district to underground utilities;and (2) Obligating the owner(s)to underground existing utilities along the frontage of the parent parcel when the City Manager determines that it is practicable to underground the frontage utilities.The covenant shall provide that the cost of undergrounding is a joint and several obligation of the owner(s),and shall provide for the right of any owner to perform the undergrounding and to lien the other properties for the cost.If the The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 451/669 LOC 50.06:DEVELOPMENT STANDARDS owner(s)fail to perform the undergrounding as required,the City shall have the right to undertake the undergrounding and to lien all properties jointly and severally for the cost of the undergrounding, including an additional 20%for administrative cost. e. Sanitary Sewers.Capacity,grade and materials shall be as approved by the City Manager.Minimum size shall be eight in.diameter with six in.diameter allowed at the terminus of a sewer line. f. All sanitary sewers and appurtenant structures shall be designed and constructed in conformance with City Engineering Division's policies,design standards,technical specifications and standard details,and shall include, but not be limited to,such items as: i. Pipe size and materials; ii. Manholes; iii. Cleanouts; iv. Backfill requirements; v. Service laterals. g. Service Laterals.One service lateral shall be provided to each lot in a development,or if the development does not include lots,to each occupied building in the development. h. Design,including materials,size and location of water mains,service lines,valves and hydrants,shall be in accordance with City Engineering Division's policies,design standards,technical specifications and standard details and be approved by the City Manager.Hydrants shall be located as required by the Oregon Fire Code. i. All facilities as described in this section shall be constructed in compliance with the rules and regulations of the City Manager,and the rules and regulations of the Public Utility Commissioner of the state relating to the installation and safety of underground lines,plant,system,equipment and apparatus. (Ord.2909,Amended,02/07/2023;Ord.2853,Amended,2020;Ord.2797,Amended,11/06/2018;Ord.2579, Repealed and Replaced,03/20/2012) 5. STANDARDS FOR MAINTENANCE None. (Ord.2579,Repealed and Replaced,03/20/2012) 6. COST OF IMPROVEMENTS The cost of all utility improvements shall be borne by the developer. [Cross-Reference:See also LOC Chapter 39—System Development Charges.] (Ord.2579,Repealed and Replaced,03/20/2012) 50.06.009 HISTORIC PRESERVATION 1. SCOPE AND COMPLIANCE a. No landmark or contributing resource or part thereof shall be demolished,moved,or altered,nor shall any major or minor development take place within a Historic District or involving a landmark nor shall a land division or lot line adjustment of any landmark take place,except in conformity with the requirements of this section.No alterations to noncontributing resources shall be made except in conformity with the requirements of this section. b. In addition,per OAR 660-23-0200,no structure or site listed on the National Register of Historic Places shall be demolished,relocated,or altered except in compliance with this section. c. Archaeological resources shall be protected and preserved per subsection 10 of this section. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 452/669 LOC 50.06:DEVELOPMENT STANDARDS (Ord.2841,Amended,09/01/2020;Ord.2668,Amended,12/01/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 2. EXEMPTIONS The following actions are exempt from the provisions of this section: a. The demolition,moving,or alteration of noncontributing resources; b. Water quality protection actions; c. Maintenance or repair that does not involve a change in design,materials,or appearance; d. Alterations,demolitions,or relocations determined by the City Manager to be necessary to proceed without delay in order to preserve the public safety and convenience due to the presence of an unsafe,dangerous,or emergency condition; e. Interior alterations;and f. Development relating to a National Register property that is not on the Local Landmark List and that does not constitute demolition(as defined by subsection 9.b of this section)or relocation. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 3. CULTURAL RESOURCES INVENTORY a. Purpose of Cultural Resource Inventory(CRI) The CRI consists of surveys of examined structures and/or sites.It is used as a resource document in determining whether the structure or site meets the criteria for historic designation. b. Content of CRI Survey of Property or Site The CRI survey shall describe the historic name,ownership,location and setting,age,use,architectural style,design elements,alterations/additions,significant landscape features,and statement of historic significance of the property or site.The survey shall comply with the State Historic Preservation Office"Guidelines for Historic Resource Surveys in Oregon."Current photographs or archival documentation for properties already listed in the Landmark Designation List or National Register may be included.The survey shall classify the property or site as Eligible/Significant(ES),Eligible/Contributing(EC),Non-Contributing(NC),or Not in Period(NP). c. Effect of Inclusion in CRI Inclusion of property or sites in the CRI does not mean that the property or site is automatically eligible for historic designation and placement on the Landmark Designation List,and property or sites not included in the CRI may also be considered for historic designation.The property or site included in the CRI must be later reviewed to determine if it qualifies as a landmark under the Criteria for Designation(subsection 4 of this section). d. Acceptance of CRI Survey of Property or Site When the City Manager surveys properties or sites for inclusion in the CRI,the owner shall be notified by mail not less than 10 days prior to conducting the survey.Within six months of the City Manager's completion of the draft survey,it shall be submitted to HRAB for review and acceptance.The review shall be held at a public meeting and interested persons may comment and supplement the survey.HRAB's review shall be for accuracy and acceptance of the survey with any appropriate corrections or additions. (Ord.2841,Added,09/01/2020) 4. DESIGNATION AND REMOVAL OF DESIGNATION a. Criteria for Designation of a Landmark The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 453/669 LOC 50.06:DEVELOPMENT STANDARDS i. In order to designate a site,object or structure as a landmark,the Historic Resources Advisory Board (HRAB)shall find that the owner has,pursuant to ORS 197.772(1),consented to the proposed designation;and (1) The resource is nominated to be placed on the National Register of Historic Places;or (2) The resource is 50 years old or older and the resource has historical or architectural significance to Lake Oswego;or (3) The resource is less than 50 years of age but of exceptional historic or architectural significance. ii. HRAB shall consider the following factors in determining whether the criteria found in subsection 4.a.i(2) or(3)of this section are satisfied: (1) Historical Significance (a) Significant association with the lives,events or activities of a person(s),group,organization,or institution,which at the time,made a significant contribution to local(Lake Oswego),regional,state, or national history; (b) A birthplace or grave site of a historical figure of outstanding importance if there is no building standing that is directly associated with the activities for which the figure is celebrated; (c) A high likelihood that,if preserved,would yield important information on the local area's prehistory or history;or (d) Significance because the resource contributes to the continuity or historic character of the local (Lake Oswego)area,region,state,or nation. (2) Architectural Significance (a) Distinctive characteristics of a type,period,or method of construction,or represents the work of a master(outstanding work of a designer,builder,or architect who has made a substantial contribution to the field),or possesses high artistic values,or represents a significant and distinguishable entity whose components may lack individual distinction; (b) Significance because the resource retains its original design features,materials,and/or character; (c) Significance as the only remaining,or one of the few remaining,resources of a particular style, building type,design,material,or method of construction; (d) Is a historic resource removed from its original location but which is significant for its architectural value;or (e) Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions and which does not fit into formal architectural or historical categories. The considerations listed in this section are not standards for approval and are not intended to be an exclusive list of considerations.The considerations are to be used as a guide in the granting authority's deliberations. b. Criteria for Designation of a Historic District i. In order to designate a geographic area as a Historic District,HRAB shall find that: (1) A majority of the parcels contain structures that are designated as landmarks or contributing resources;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 454/669 LOC 50.06:DEVELOPMENT STANDARDS (2) A perceptible common theme,which is either of historic or architectural significance,unifies the area. ii. HRAB shall consider the following factors in determining whether the criteria found in subsection 4.b.i of this section are satisfied: (1) The district size is large enough to create a visual identity; (2) A majority of parcels contain structures eligible for landmark or contributing resource designations; (3) The prevalence of other historic or environmental features in the area such as mature landscaping, original street layout,stone fences,etc; (4) Perceptible common theme; (5) Sites,objects,structures and buildings contribute to the integrity of the district's theme; (6) More than one theme may exist;however,a dominant theme or common element among themes establishes the district identity.An example of a common theme could be a period of time or development phase in the City's growth. The factors listed in subsection 4.b.ii of this section are not standards and are not intended to be an exclusive list of considerations,but are intended to be used as a guide in the granting authority's deliberations. iii. In order to approve expansion of the boundaries of a Historic District,HRAB shall consider the proposed expansion area with the existing district,and then determine whether the designation criteria found in subsection 4.b.i of this section are satisfied for the entire new district after the proposed expansion is added. c. Criteria for Designation of a Contributing Resource i. In order to designate a site,object,or structure as a contributing resource,HRAB shall find that: (1) The resource is or,at the time the designation becomes effective,will be within a Historic District; and (2) The resource is 50 years old or older,may have received alterations,but retains its overall physical integrity;and (3) The resource contributes to the integrity of the Historic District;and (4) The resource does not merit a landmark designation;and (5) The resource is compatible with landmarks in the district considering overall proportions,scale, architectural detail and materials. ii. Contributing resources shall be identified upon the creation of a Historic District and a list shall be created containing the same information for each resource as is required for landmarks in subsection 5 of this section and shall be maintained in Table 50.06.009-1 under a separate heading for each Historic District. d. Criteria to Remove a Designation i. In order to remove a landmark designation HRAB shall find either: (1) The landmark designation is no longer justified after consideration of the criteria found in subsection 4.a of this section,Criteria for Designation of a Landmark;and through an ESEE analysis the benefits of removing the designation of the proposed landmark outweigh the benefits of continuing the designation; or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 455/669 LOC 50.06:DEVELOPMENT STANDARDS (2) The Building Official declares that the locally significant historic resource poses a clear and immediate hazard to public safety and must be demolished to abate the unsafe condition;or (3) Per ORS 197.772(3),the designation was imposed on the property and the owner at the time of designation: (a) Has retained ownership since the time of designation;and (b) Can demonstrate that the owner objected to the designation on the public record or was not provided an opportunity to object to the designation;and (c) Requests that the HRAB remove the resource from the inventory. ii. In order to approve reduction of a Historic District boundary or abolish a district HRAB shall fmd that the district or its configuration is no longer justified after consideration of the criteria found in subsection 4.b of this section. iii. In order to remove a contributing resource designation HRAB shall fmd that the contributing resource designation is no longer justified after consideration of the criteria found in subsection 4.c of this section. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 5. ADOPTION OF LANDMARK DESIGNATION LIST a. Adoption of Landmark Designation List The sites,structures and objects listed in the Landmark Designation List,Table 50.06.009-1,are subject to the provisions of this section. b. Landmark Designation List The buildings,sites,structures,and objects listed below are designated as a Historic Landmark unless removed pursuant to LOC 50.07.002.5 and Table 50.07.001-1.(The City Recorder may revise the list upon final designation or removal decision.)The findings of fact regarding the historical and architectural significance of the historic resource for its designation or removal for each property on the Landmark Designation List are on file with the Planning Department. TABLE 50.06.009-1:LANDMARK DESIGNATION LIST t � Address Historic Name 609 A Avenue C.Didzun House 2 357 E Avenue Conway House 3 490 G Avenue Johnson Barn 4 737 Ash Street Smith House 5 880 Bickner Road Collard House 6 15100 Boones Ferry Road Carl House 7 16400 Bryant Road Lake Grove Fire Station 8 107 Burnham Road Tug Masters House 9 3811 Carman Drive Carman House 10 210 Chandler Place Noel Dew House The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 456/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.009-1:LANDMARK DESIGNATION LIST INDIVIDUAL BUILDINGS Address Historic Name 11 1097 Chandler Road Van Houten House 12 16906 Cherry Crest Drive Laidlaw House 13 1515 Cherry Lane Shepard House 14 432 Country Club Road White House 15 295 Durham Street Odd Fellows Hall 16 1798 Fern Place Bondell House 17 2535 Glenmorrie Drive Erickson House 18 2212 Glenmorrie Lane Twinings House 19 1805 Glenmorrie Terrace Trueblood House 20 16847 Greenbrier Road Clara Weinstein House 21 156 Greenwood Road Methodist Episcopal Church 22 20 Iron Mountain Blvd. Lake Oswego Country Club 23 95 Iron Mountain Blvd. McWaters House 24 257 Iron Mountain Blvd. Davidson House 25 2725 Iron Mountain Blvd. Lake Oswego Hunt Club 26 411 Kenwood Road Klose House 27 68 Leonard Street Headrick Carothers House 28 1125 Maple Street Black House 29 885 McVey Avenue Worthington House 30 316 North Point Road Mulder House 31 128 North Shore Circle Osco C.Rocks House 32 768 North Shore Road Parelius House 33 1850 North Shore Road Jantzen Estate 34 904 Oak Street Larson House 35 938 Oak Street Waldorf House 36 1008 Oak Street F.Davidson House 37 1228 Oak Street Lueg House 38 1905 Palisades Terrace Drive Eastman House 39 16715 Phantom Bluff Court Sundeleaf House 40 4144 South Shore Blvd. McCall House 41 4375 South Shore Blvd. Angler's Club The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 457/669 LOC 50.06:DEVELOPMENT STANDARDS TABLE 50.06.009-1:LANDMARK DESIGNATION LIST INDIVIDUAL BUILDINGS Address Historic Name 42 17901 Stafford Road Carter House 43 402 N.State Street Rogers Building I 44 456 N.State Street Rogers Building II 45 468 N.State Street Bickner Building 46 368 S.State Street Lakewood School 47 919 West Point Road Hofer House 48 930 West Point Road Harris House 49 1032 Westward Ho Road Patton House 50 1100 Westward Ho Road Allen House I 51 1136 Westward Ho Road Allen House II 52 1139 Westward Ho Road Cleary House 53 40 Wilbur Street Worker's Cottage 54 59 Wilbur Street Rogers House 55 774 First Street Sacred Heart School 56 606 Second Street Warren House 57 791 Fourth Street Brown-Vose House 58 841 Fifth Street Vose House 59 469 Seventh Street Rosentreter House 60 398 Tenth Street Murphy Company Bldg. 61 Pacific Highway Christie School 62 Pacific Highway Marylhurst Adm.Bldg. 63 Pacific Highway St.Catherine's Dormitory 64 Pacific Highway Flavia Hall 65 Pacific Highway Acquinas Hall 66 Pacific Highway Education Hall SITES,STRUCTURES AND OBJECTS Address Historic Name 67 George Rogers Park Iron Furnace Chimney 68 16500 Old River Road Log Hoist 69 141 Leonard Street Peg Tree The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 458/669 LOC 50.06:DEVELOPMENT STANDARDS 70 Tualatin-Oswego Canal Tualatin-Oswego Canal 71 Pacific Highway Marylhurst Cemetery/Altar 72 4700 Jean Road Bryant Home Marker 73 Prestwick and Fairway Old Mine Trail 74 Stafford Road Pioneer Cemetery (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 6. MOVING OR DEMOLITION OF A LANDMARK OR CONTRIBUTING RESOURCE a. Criteria for Moving a Landmark i. In order to allow the moving of a landmark HRAB shall find that: (1) The proposed relocation site will not greatly reduce the historical or architectural significance of the landmark;and (2) Relocation is the only alternative for preservation of the landmark;and (3) Through an ESEE analysis the proposed new development provides a greater community benefit than keeping the landmark on its present site;and (4) If the landmark is to be relocated within the City of Lake Oswego,the owner of the relocation site agrees,as a condition of the purchase agreement,to apply within 90 days of relocation to the City for protection of the landmark at its new location. ii. HRAB shall consider the following factors in determining whether the criteria found in subsection 6.a.i of this section are satisfied: (1) The designated resource cannot reasonably be used in conjunction with the proposed use. (2) The continued location of the landmark on a proposed development site precludes development on the site which would provide a greater community benefit. (3) The designated landmark is structurally capable of relocation. (4) The proposed relocation site is a contextually appropriate setting for the designated landmark. (5) The proposed relocation site is within the City limits or preferably within the neighborhood where it is currently located. b. Criteria for Demolition of a Landmark i. In order to allow the demolition of a landmark,the HRAB shall find that: (1) The landmark is a severe hazard to public health or safety;or (2) Through an Economic Social Environmental and Energy(ESEE)analysis,that the benefits of demolishing the landmark and the construction of the conflicting use outweigh the benefits of preserving the landmark,and that there are no alternatives to demolishing the landmark;or (3) A denial of the request will deny the property owner reasonable economic use of the property;and (4) The applicant completed a viable site development plan for the site including plans approved,if applicable,by the Building Official. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 459/669 LOC 50.06:DEVELOPMENT STANDARDS ii. HRAB shall consider the following factors in determining whether the criteria found in subsection 6.b.i of this section are satisfied: (1) The significance of the landmark; (2) If within a Historic District,the landmark's contribution to the district and the effect on the integrity of the district if the landmark is demolished; (3) Existing City plans,policies or City Council actions that identify community benefit in either preserving or demolishing the landmark; (4) The physical condition of the resource. The fmdings of fact regarding the historical or architectural significance for the designation of the landmark shall be used as the primary factual basis upon which decisions are based concerning the historical or architectural significance of the landmark. c. Balancing of Competing and Conflicting Interests A determination of whether the criteria set forth in subsection 6.a.i or 6.b.i of this section are satisfied necessarily involves the balancing of competing and conflicting interests. The factors listed in subsection 6.a.ii or 6.b.ii of this section are not standards for approval and are not intended to be an exclusive list.The factors are to be used as a guide in HRAB's consideration. d. Conditions of Approval of Demolition Permit As a condition of approval of a demolition permit,HRAB shall: i. Require photographic documentation,preparation of architectural drawings,and other graphic data or history as it deems necessary to preserve an accurate record of the resource.The historical documentation materials shall be the property of the City or other party determined appropriate by HRAB. ii. Require that the property owner document that a qualified local preservation group has been given the opportunity to salvage and/or record the resource. e. Criteria of Approval of Moving or Demolition of a Contributing Resource In order to allow the demolition or moving of a contributing resource,the City Manager shall find that: i. The contributing resource is a severe hazard to public health or safety;or ii. Loss of the contributing resource will not affect the integrity of the Historic District;and adequate effort has been made to seek a relocation site within the Historic District. The findings of fact regarding the historical or architectural significance for the designation of the Historic District shall be used as the primary factual basis upon which decisions are based concerning the Historic District's significance. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 7. ALTERATIONS OF A LANDMARK OR CONTRIBUTING RESOURCE a. Maintenance and Repair of a Landmark or Contributing Resource Nothing in this section shall be construed to prevent the maintenance or repair of a landmark,or of a contributing resource within a district.Maintenance and repair actions include,but are not limited to: i. Replacement of gutters and downspouts,or the addition of gutters and downspouts,using materials that match those that were typically used on similar style buildings; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 460/669 LOC 50.06:DEVELOPMENT STANDARDS ii. Repairing or providing a new foundation that does not result in raising or lowering the building elevation more than one foot unless the foundation materials and/or craftsmanship contribute to the historical and architectural significance of the landmark; iii. Repair and/or replacement of roof materials with the same kind of roof materials existing,or with materials which are in character with those of the original roof; iv. Replacement of siding,trim,and window components when such material is beyond repair and where the new piece is of the same size,dimension,material,and finish as that of the original historic material; v. Application of storm windows made with wood,bronze or flat finished anodized aluminum,or baked enamel frames which complement or match the color detail and proportions of the building; vi. Replacement of existing sashes with new sashes,when using material which is consistent with the original historic material and appearance; vii. Painting and related preparation,unless paint color is specifically noted in the findings of architectural significance for the designation of the landmark and the paint is of a different color or colors as noted in the findings; viii. Water quality protection actions; ix. Alteration,addition,repair and replacement of equipment,piping and flumes functionally related to the generation of electric power with efficient,economical and technologically current materials and components; x. Site maintenance such as pruning,landscaping maintenance,brush clearing and removal of debris; xi. Temporary removals of roofs or other access obstructions for purposes of repair or maintenance of interior components of industrial or power generation facilities; xii. Maintenance of landscaping that is specifically identified in the findings of historical or architectural significance for the designation of the landmark as an integrated element of the historical or architectural significance. b. Criteria of Approval for a Minor Alteration of a Landmark In order to approve a request for a minor alteration,the reviewing authority shall find that: i. There is no substantial change in the appearance or material of the resource as it exists;or Exception:Alterations to provide handicapped access shall be allowed;to the extent practicable the design of the handicapped access shall not diminish the landmark's historical or architectural significance. ii. The proposed alteration duplicates or restores the affected exterior features and materials as determined from historic photographs,original building plans,or other evidence of original features or materials;or iii. Through an ESEE analysis,it can be shown that the benefit to the community of allowing the alteration outweighs the benefit to the community of preserving the resource in its present condition;and iv. The additional considerations under subsection 7.e of this section are considered and the additional criteria under subsection 7.f of this section are met.The findings of fact regarding the historical or architectural significance for the designation of the landmark shall be used as the primary factual basis upon which decisions are based concerning its historical or architectural significance. c. Criteria of Approval for Major Alteration of a Landmark In order to approve a major alteration of a landmark,the reviewing authority shall find that: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 461/669 LOC 50.06:DEVELOPMENT STANDARDS i. The proposed alteration will not diminish the historical or architectural significance of the landmark;or Exception:Alterations to provide handicapped access shall be allowed;to the extent practicable the design of the handicapped access shall not diminish the landmark's historical or architectural significance. ii. For alterations that diminish the historical or architectural significance,through an ESEE analysis,it can be shown that the benefit to the community of allowing the alteration outweighs the benefit to the community of preserving the resource in its present condition;and iii. The additional considerations under subsection 7.e of this section are considered and the additional criteria under subsection 7.f of this section are met.The findings of fact regarding the historical or architectural significance for the designation of the landmark shall be used as the primary factual basis upon which decisions are based concerning its historical or architectural significance. d. Criteria of Approval for Alteration to a Contributing Resource In order to approve an alteration to a contributing resource the reviewing authority shall fmd that: i. There is no substantial change in the appearance or material of the resource as it exists;or Exception:Alterations to provide handicapped access shall be allowed;to the extent practicable the design of the handicapped access shall not diminish the landmark's historical or architectural significance. ii. The proposed alteration duplicates or restores the affected exterior features and materials as determined from historic photographs,original building plans,or other evidence of original features or materials;or iii. The proposed alterations will not diminish the historical or architectural significance of the contributing resource;or iv. Through an ESEE analysis,it can be shown that the benefit to the community of allowing the alteration outweighs the benefit to the community of preserving the resource in its present condition;and v. The additional considerations under subsection 7.e of this section are considered and the additional criteria under subsection 7.f of this section are met. The fmdings of fact regarding the historical or architectural significance for the designation of the contributing resource shall be used as the primary factual basis upon which decisions are based concerning its historical or architectural significance. e. Additional Considerations for Granting Authority's Deliberations The following considerations are to be used as a guide in the granting authority's deliberations when approving applications under subsections 7.b through 7.d of this section: i. The alteration is consistent with the use of the resource. ii. The significance of the resource and the community benefit to preserving it. iii. The public interest in the preservation of the resource. iv. The physical condition of the resource. f. Additional Criteria for Reviewing Authority's Deliberations The following criteria shall be met when approving applications under subsections 7.b through 7.d of this section: i. Building Height:Existing building height should be maintained.Raising or lowering a structure's permanent elevation when constructing a foundation should be avoided,except as required by Building Code or floodplain requirements. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 462/669 LOC 50.06:DEVELOPMENT STANDARDS ii. Horizontal Additions:The scale and proportion of building additions,including the relationship of windows to walls,shall be visually compatible with the traditional architectural character of the historic building.Contemporary construction is acceptable if the design respects the building's original architectural style and is compatible with the original scale,materials,window and door opening proportions of the structure. iii. Roof Form:Alteration of roof pitches,roof shapes,and materials should maintain the architectural style of the building. iv. Rehabilitation Work:Preserve existing historic building elements or replace with building elements and materials that replicate the historic elements,as documented through verifiable evidence,such as photographs. v. Window Restoration:Windows(frames,sashes,muntins,glazing,sills,heads,hoodmolds,paneled or decorated jambs,moldings and exterior shutters)that define the historic character of the building should be retained and preserved.This is achieved by: (1) Protecting and maintaining the wood and architectural metal that comprise the window frame,sash and muntins. (2) Making windows weathertight by reglazing,recaulking and replacing or installing weather-stripping. (3) Repairing window frames and sashes by patching,splicing,consolidating or otherwise reinforcing, and replacing in kind parts that are extensively deteriorated or missing. (4) Replacing a window in kind that is documented to be too deteriorated to repair. vi. Window Replacement:Window replacements shall match the original windows in materials and appearance.The original number of window panes(or lights)shall be maintained or restored when window replacements are required.Double-pane windows may be installed if: (1) No observable tinting of the glass panes is used. (2) A spacer bar is present between the inner and outer mullion. (3) The same trapezoidal profile of the outside putty seam is used. (4) The same frame size as the original windows is used. (5) The same inside profile is used. vii. Signs,Lighting,Landscaping,Fences:Signs,lighting,and other appurtenances,such as walls,fences, awnings,and landscaping,shall be visually compatible with the scale and traditional architectural character of the historic building. viii. Additional Standards(Secretary of Interior Standards) (1) Retention of Original Construction:A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (2) Historic Integrity:The historic integrity of the property shall be retained and preserved.The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Time Period Consistency:Each property shall be recognized as a physical record of its time,place, and use.Changes that create a false sense of historical development,such as adding conjectural features or architectural elements from other buildings,shall not be undertaken. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 463/669 LOC 50.06:DEVELOPMENT STANDARDS (4) Historic Changes:Most properties change over time;those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive Architectural Features:Distinctive features,finishes,and construction techniques or examples of craftsmanship that characterize a property shall be preserved. (6) Preservation,Restoration and Rehabilitation:Deteriorated historic features shall be repaired rather than replaced.Where the severity of deterioration requires replacement of a distinctive feature,the new feature shall match the old in design,color,texture,and other visual qualities and,where possible, materials.Replacement of missing features shall be substantiated by documentary,physical,or pictorial evidence. (7) Appropriate Treatments:Chemical or physical treatments,such as sandblasting,that cause damage to historic materials shall not be used.The surface cleaning of structures,if appropriate,shall be undertaken using the gentlest means possible. (8) Archaeology:Significant archaeological resources affected by a project shall be protected and preserved.If such resources must be disturbed,mitigation measures shall be undertaken. (9) New Additions:New additions,exterior alterations,or related new construction shall not destroy historic materials that characterize the property.The new work shall be differentiated from the old and shall be compatible with the massing,size,scale,and architectural features to protect the historic integrity of the property and its environment. (10) Reversibility:New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future,the essential form and integrity of the historic property and its environment would be unimpaired. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 8. LAND DIVISIONS AND LOT LINE ADJUSTMENTS IN HISTORIC DISTRICTS a. Applicability This subsection applies to land divisions and lot line adjustments on sites containing landmarks or contributing resources within a Historic District. b. Criteria for Approval for Land Division or Lot Line Adjustment A proposed land division or lot line adjustment on a landmark site or within a Historic District must meet the following criteria: i. The land division or lot line adjustment does not result in a landmark or contributing resource being split into separate lots. ii. The land division or lot line adjustment plat or map requires adequate setbacks from landmark or contributing resource improvements to provide for buffering and mitigation of impacts associated with development on the resulting parcels. iii. Yard and landscaped areas including large trees and shrubs that contribute to its historical or architectural significance shall be retained,unless landscaping conflicts with utilities or other requirements of this section or applicable City,state or federal regulations.(The reviewing authority may require replacement landscaping as mitigation under these circumstances.) The findings of fact regarding the historical or architectural significance of the yard and landscaped area as stated in the landmark's designation shall be used as the primary factual basis upon which decisions are based concerning retention of yard and landscaped areas. c. Considerations of HRAB Recommendation The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 464/669 LOC 50.06:DEVELOPMENT STANDARDS Where HRAB is not the reviewing authority for development applications involving historic resources,the reviewing authority shall consider the recommendations by HRAB. [Cross-Reference:See LOC 50.06.009.7 for Alterations of Historic Resources.] (Ord.2841,Amended,09/01/2020;Ord.2668,Amended,12/01/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 9. DEMOLITION OR RELOCATION OF NATIONAL REGISTER RESOURCES a. Purpose The purpose of this subsection is to comply with OAR 660-023-0200. b. Definition Notwithstanding other definitions applicable to this section,for the purposes of this subsection 9: i. "Demolish"or"demolition"means"any act that destroys,removes,or relocates,in whole or part,a significant historic resource such that its historical or architectural character and significance is lost."(OAR 660-023-0200(1)) c. Review of Demolition or Relocation of National Register Resources An application to demolish or relocate a National Register Resource shall demonstrate,and the reviewing body shall find the following factors have been considered:condition,historic integrity,age,historic significance,value to the community,economic consequences,design or construction rarity,and consistency with and consideration of other policy objectives in the Comprehensive Plan have been considered(OAR 660-023-0200(8)(a)).The factors are not criteria to be applied by the reviewing authority. (Ord.2841,Added,09/01/2020) 10. PRESERVATION OF ARCHAEOLOGICAL RESOURCES Applicants shall preserve archaeological resources under Oregon State law by complying with the following: a. Archeological resources must be protected and preserved in place subject to the requirements of federal,state and local regulations including the guidelines administered by the Oregon State Historic Preservation Office and ORS 358.905 through 358.962. b. A person may not excavate,injure,or destroy or alter an archaeological site or object,or remove an archaeological object located on public or private lands,unless that activity is authorized by a permit issued under ORS 390.235.A violation of this subsection is a misdemeanor. (Ord.2841,Added,09/01/2020) 11. PROPERTY MAINTENANCE OF HISTORIC LANDMARK STRUCTURES a. Purpose The purpose of this subsection 11 is to safeguard the City's historical,architectural,archaeological,or cultural significance as embodied and reflected in its historic landmarks.It is declared as a matter of public policy that the retention of historic landmarks is a public necessity and promotes the public health,prosperity,safety and welfare. b. Definitions For the purpose of this subsection 11,the following definition shall apply: i. "Neglect of landmark"means the gradual deterioration of a landmark building when routine or major maintenance is not performed that if left unrepaired could lead to: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 465/669 LOC 50.06:DEVELOPMENT STANDARDS (1) Structural deficiency or a deficiency in a building part,which left unrepaired could lead to deterioration of the building's structural frame. (2) The building being open to entry by vandals or vagrants. c. Applicability This subsection 11 is applicable to all buildings that are designated as landmarks under subsection 4 of this section. d. Criteria for Determining Neglect of Landmark The criteria for neglect of landmark are met if one or more of the following are met: i. The deterioration of a building to the extent that it creates or permits a hazardous or unsafe condition as determined by the Building Official; ii. The deterioration of a building(s)characterized by one or more of the following: (1) Those buildings,which have parts thereof which are so attached that they may fall and injure members of the public or property; (2) Deteriorated or inadequate foundation; (3) Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety; (4) Members of walls or other vertical supports that split,lean,list,or buckle due to defective material or deterioration; (5) Members of walls or other vertical supports that are insufficient to carry imposed loads with safety; (6) Members of ceiling,roofs,ceiling and roof supports,or other horizontal members which sag,split,or buckle due to defective material or deterioration; (7) Members of ceiling,roofs,ceiling and roof supports,or other horizontal members that are insufficient to carry imposed loads with safety; (8) Fireplaces or chimneys which list,bulge,or settle due to defective material or deterioration;or (9) Any fault,defect,or condition in the building which renders the same structurally unsafe or not properly watertight;or iii. Action by the City Fire Marshal or Building Official relative to the safety or physical condition of any building. e. Inspection of Landmark;Notice to Correct i. When the City Manager has cause to believe that the condition of a landmark building exists that constitutes neglect of landmark,the City Manager shall notify the owner and request inspection of the landmark building.If the owner does not permit entry for inspection,the City Manager may obtain an administrative warrant for entry to the property,if necessary to determine the condition of the landmark. ii. If the City Manager determines that the condition of a landmark building exists that constitutes neglect of landmark,the City Manager shall issue a notice and order directed to the owner of the landmark building.The notice and order shall contain: (1) The street address and a legal description sufficient for identification of the premises upon which the building is located. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 466/669 LOC 50.06:DEVELOPMENT STANDARDS (2) A statement that the City Manager has found condition(s)existing that constitute neglect of landmark,with a brief and concise description of the conditions. (3) A statement of the corrective action required to be taken as determined by the City Manager to eliminate the condition(s),and the dates as determined by the City Manager to be reasonable under all of the circumstances by which the corrective action is to be commenced and completed. The notice shall be mailed to the owner by first class mail,to the owner's mailing address as shown by the most recent property tax assessment roll. (Ord.2841,Added,09/01/2020) 50.06.010 MAINTENANCE AND OPERATION 1. APPLICABILITY This section identifies how various property and improvement requirements need to be maintained and/or operated following construction. (Ord.2579,Repealed and Replaced,03/20/2012) 2. LANDSCAPE MATERIALS STANDARDS FOR MAINTENANCE All landscape materials shall be guaranteed by the owner for a period of one 12-month growing season from the date of installation.Security in the amount of 5%of the total landscaping cost shall be provided to ensure necessary replacement.A schedule of continuing maintenance of plantings shall be submitted and approved for industrial, multi-family,major public facilities,and commercial developments. (Ord.2579,Repealed and Replaced,03/20/2012) 3. FENCES AND WALLS STANDARDS FOR MAINTENANCE Fences,exterior side of walls,and retaining walls shall be maintained in sound condition and good repair at all times. (Ord.2579,Repealed and Replaced,03/20/2012) 4. DETENTION AND RETENTION AREAS STANDARDS FOR MAINTENANCE All detention or retention areas shall be properly maintained by the owner such that they do not become nuisances. Nuisance conditions shall include:improper storage resulting in uncontrolled runoff and overflow;stagnant water with concomitant algae growth,insect breeding,and odors;discarded debris;and safety hazards created by the facility's operation.Stormwater storage areas shall be designed with sufficient access to allow adequate,safe and efficient maintenance as determined by the City Manager. (Ord.2579,Repealed and Replaced,03/20/2012) 5. DRIVEWAYS THAT SERVE AS FIRE LANES STANDARDS FOR MAINTENANCE Driveways that serve as fire lanes shall be maintained in a state of good repair and free of obstruction for their entire length and width.They shall also be kept free of overhead obstructions for a vertical clearance of 13-1/2 ft. (Ord.2579,Repealed and Replaced,03/20/2012) 6. WALKWAYS,BIKEWAYS,AND ACCESSWAYS STANDARDS FOR MAINTENANCE Maintenance of walkways,bikeways or accessways shall be the responsibility of the owner or owners of the land abutting or through which the way passes.If the maintenance is proposed to be by an association or other entity,the maintenance agreement or bylaws,as the case may be,shall be subject to the review and approval by the City. (Ord.2579,Repealed and Replaced,03/20/2012) 7. PARK AND OPEN SPACE STANDARDS FOR MAINTENANCE [Reserved] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 467/669 LOC 50.06:DEVELOPMENT STANDARDS (Ord.2579,Repealed and Replaced,03/20/2012) 8. UTILITIES STANDARDS FOR MAINTENANCE There are no standards for maintenance for the Utility Standard,LOC 50.06.008. (Ord.2579,Repealed and Replaced,03/20/2012) 50.06.011 VISION CLEARANCE (Repealed by Ord.2617) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 468/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES LOC 50.07:REVIEW AND APPROVAL PROCEDURES Revised 4/23 50.07.001 SUMMARY PROCEDURES TABLE 50.07.002 LIST OF DECISION-MAKERS 50.07.003 REVIEW PROCEDURES Revised 4/23 50.07.004 ADDITIONAL SUBMISSION REQUIREMENTS Revised 4/23 50.07.005 CONDITIONAL USE PERMITS 50.07.006 OVERALL DEVELOPMENT PLAN AND SCHEDULE 50.07.007 LAND DIVISIONS Revised 4/23 50.07.001 SUMMARY PROCEDURES TABLE TABLE 50.07.001-1:SUMMARY PROCEDURES TABLE Authority R=Recommendation; D=Decision; Pre- Application Neighborhood Public A=Appeal Code Conference Meeting Notice Hearing City Planning DRC HRAB City Type of Decision Section Required? Required? Required? Required? Manager Commission Council Ministerial 50.07.003.13 No No No No D Development Minor 50.07.003.14 Development[2] Subdivision or Planned Yes Yes Yes Yes R D A Development Development Review(Ed.Note) Yes [I] Yes Yes[3] R/D D/A A Development in the R-DD Zone Yes [I] Yes Yes R D A Historic Reviews: • Designation or removal of designation of a historic landmark or district; • Modification of a historic No No Yes Yes R D A district; • Demolition or moving of a landmark • Major alterations of a Yes No Yes Yes D[4] D[4] R[4] A landmark • Demolition,relocation,or alteration of landmark on the Yes No Yes Yes D A National Register of Historic Places • Minor alterations of a historic landmark Yes [I] Yes No D A A A • Demolition or moving of a contributing resource Minor Variance 50.08.002 Yes [I] Yes No[2] R/D D/A A Design Variance • R-DD Design 50.08.003.2.a Yes [I] Yes Yes R D A • Downtown 50.08.003.2.b Redevelopment Yes [I] Yes Yes R D A Design District The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 469/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES TABLE 50.07.001-1:SUMMARY PROCEDURES TABLE Authority R=Recommendation; Pre- D=Decision; A=Appeal Application Neighborhood Public Code Conference Meeting Notice Hearing City Planning DRC HRAB City Type of Decision Section Required? Required? Required? Required? Manager Commission Council • Foothills 50.08.003.2.c Mixed Use Yes [I] Yes Yes R D A District • Lake Grove 50.08.003.2.d Village Center Yes [I] Yes Yes R D A Overlay District • Residential 50.08.003.2.e Infill Design Yes [I] Yes No[2] R/D D/A A (RID)Review Process Major Variance 50.08.004 Yes [I] Yes Yes R D A All Other Minor Development Yes [I] Yes No[2] R/D D/A A Major 50.07.003.15 Development Mixed Use ODPS Yes Yes Yes Yes R D A Single Use ODPS Yes Yes Yes Yes R D A All Other Major Development Yes Yes Yes Yes R D A Legislative 50.07.003.16 No No Yes Yes R R/D Notes: [I]Neighborhood meeting required for a partition and subdivision.The City Manager may require a neighborhood meeting prior to the filing of an application for any other development permit if the City Manager deems neighborhood contact to be beneficial. [2]Per LOC 50.07.003.14.d.i,the City Manager may refer a minor development application directly to a hearing body. [3]Depending on the scope of the proposed development,a decision on an application for development review may be referred to the City Manager.Typically,applications referred to the City Manager involve minor alterations or other small-scale projects. [4]If a major alteration of a landmark or contributing resource is combined with a major or minor(nonhistoric)development application,the combined application shall be reviewed by City Manager or DRC as all other major or minor development applications.HRAB may recommend findings to the reviewing authority on criteria for the major alteration portion of application. [Ed.Note:The italicized text in the Authority column at the end of the row is an editorial note, for the public convenience.They are not adopted code text at this time(4-29-15),but will be included in a future proposal for code amendment.] (Ord.2841,Amended,09/01/2020;Ord.2644,Amended,04/07/2015;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 50.07.002 LIST OF DECISION-MAKERS 1. CITY MANAGER The City Manager shall be responsible for review and decision-making for the following types of applications: a. Minor development; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 470/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES b. The following minor developments regarding historic resources: i. Minor or major alteration of a landmark; ii. Moving or demolition of a contributing resource; iii. Alteration or addition of 30%or more of floor area to a noncontributing resource; iv. Lot line adjustments and minor partitions that occur on a landmark or within a Historic District;and v. Minor development on or to a landmark within a Historic District; c. Ministerial development; d. Ministerial development for all other historic resources for which the City Manager has decision-making authority. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 2. PLANNING COMMISSION The Planning Commission shall be responsible for review and decision-making for the following types of applications: a. Major Development—ODPS. b. Applications for a quasi-judicial zone change or quasi-judicial Comprehensive Plan amendment or code amendment(recommendation to City Council only). (Ord.2579,Repealed and Replaced,03/20/2012) 3. CITY COUNCIL The City Council shall be responsible for review and decision-making of applications for the following: a. Appeal of decisions by any hearing body;and b. Legislative amendments to the Development Code,including amendments to the Zoning Map and Comprehensive Plan maps. (Ord.2579,Repealed and Replaced,03/20/2012) 4. DEVELOPMENT REVIEW COMMISSION The Development Review Commission shall be responsible for review and decision-making for the following applications: a. Major development; b. The following development regarding historic resources: i. Major development on or to a historic resource, ii. Major development within a Historic District; c. Requests for design variances within the Downtown Redevelopment District,LGVC Overlay,and the FMU District; d. Minor development in the R-DD zone;and e. Major variances. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 471/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (Ord.2841,Amended,09/01/2020;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 5. HISTORIC RESOURCES ADVISORY BOARD The Historic Resources Advisory Board shall be responsible for review and decision-making for the following applications: a. Designating or removing designation of a historic resource; b. Establish,modify,or abolish a Historic District; c. Demolition or moving of a landmark;and d. Demolition(as defined in LOC 50.06.009.8.b)or relocation of a National Register property. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 50.07.003 REVIEW PROCEDURESRevised 4/23 0 1. APPLICATIONRevised 4/23 a. Application for Development i. Forms and Information An application for a ministerial,minor,or major development shall be made on such forms and contain such information as the City Manager may require.If a railroad-highway crossing provides or will provide the only access to land that is the subject of the application,the applicant shall indicate that fact in the application. it. Unified Site Plan All development in the R-0,R-2,R-3,R-W,CI and any PF or commercial zones and attached development in the R-5 zones will be developed under a unified site plan.The site plan will identify circulation patterns and access points,parking,method of provision of public services and general placement of lots and structures,and general area and type of uses.Proposals with multiple ownerships shall include a written agreement of all owners that development of the site will occur pursuant to the site plan approved. iii. Traffic Impact Study(TIS)Required (1) The purpose of a traffic impact study is to: (a) Ensure that the existing and proposed transportation facilities in the vicinity of the proposed development are capable of accommodating the amount of traffic expected to be generated by the proposed development; (b) Protect future operations and safety of transportation facilities and major transit corridors,and implement the Comprehensive Plan and Transportation System Plan. (2) The City Engineer shall require a traffic impact study when any of the following conditions are met: (a) The proposed development or site modification will generate at least 25 trips in the roadway peak hour traffic period or at least 250 daily trips,prior to applying trip reduction factors;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 472/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (b) The site is subject to a Zoning Map or text amendment or Comprehensive Plan or Map amendment that increases the intensity(potential vehicle trip generation)of allowed uses;or (c) The daily use of the property increases by ten or more vehicles with a gross vehicle weight rating of 26,000 pounds or greater;or (d) The traffic generated by a proposed development will result in a traffic volume increase that could potentially change the functional classification of an existing or planned transportation facility (e.g.,traffic volume exceeds local street classification;or (e) The City Engineer finds: (i) The City or other roadway authority has documented traffic safety or operations concerns within the study area,such as frequent crashes,poor roadway alignment,limited sight distance; or (ii) Existing level of service of a nearby intersection is at or below LOS"D";or (iii) A proposed development is expected to alter traffic patterns on a local street or neighborhood collector within one-half mile of the subject lot such that access to individual properties or traffic safety is adversely impacted;or (iv) The site lies within one-quarter mile of the ramp terminal of an interstate freeway,as traveled along roadways. (3) The traffic impact study shall be conducted by a registered Oregon civil or traffic engineer with special training and experience in transportation analysis and planning,and shall either follow the TIS guidelines,approved by the City Engineer,or provide justification from a registered traffic engineer as to why the TIS guidelines should not be followed in that instance.The City Engineer shall issue TIS guidelines,which at a minimum shall address: (a) Identification of the study area; (b) Analysis of existing transportation conditions,including,as applicable,level of service and safety deficiencies,if any,on transportation facilities within the study area; (c) Future conditions(trip generation and trip distribution)for the proposed development; (d) Projected levels of service on intersections within the study area; (e) Analysis of impacts from projected traffic on applicable surface modes of travel(vehicular, freight,bicycle,pedestrian,and transit),including as applicable level of service,safety,and capacity for streets within the study area; (f) A recommendation of necessary transportation improvements or other measures to mitigate deficiencies identified by the TIS and ensure a Level of Service"E"or better at peak hour traffic period for intersections within the study area,after the future traffic impacts generated by the development are considered. The applicant's engineer shall certify the TIS by providing a signature and engineer stamp or seal. [Cross-Reference:See City Engineer's Traffic Impact Study(TIS)Guidelines.] b. Burden of Proof The applicant for a development permit shall bear the burden of proof that their application complies with all applicable review criteria or can be made to comply with applicable criteria by imposition of conditions of approval. c. Method of Application/Authority to Reject Applications The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 473/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. An application for a development permit shall be filed with the City Manager.The City Manager may charge an application fee to process a development permit application. ii. The City Manager may decline to accept an application that,on its face,has not completed any one or more of the procedural requirements: (1) Pre-application conference,when required by this Code or as required by the City Manager,pursuant to LOC 50.07.003.1.e; (2) Neighborhood contact and notice,when required by LOC 50.07.003.1.f; (3) Payment of the filing fee,as required by this section. (4) Failure of the applicant to sign the application,or when the applicant is not the owner of the subject property,failure of the owner of the subject property to either sign the application or for the applicant to include the owner's signed authorization for the applicant to file the application. d. Signature on Application The applicant shall sign the application.If the applicant is not the owner of the property subject to the development application,the property owner shall authorize the application in writing before the City Manager may accept the application for review.For the purposes of this section,"owner"includes a public body or public agency with authority to exercise the power of eminent domain. e. Pre-Application Conference i. A pre-application conference with the City Manager is required for: (1) Minor and major development permit applications;and (2) Ministerial permit applications: (a) For any type of accessory dwelling unit(ADU)that is not a conversion of existing floor area (including the garage floor area)in a primary structure.An ADU created by an addition to a primary structure is not a conversion.An ADU that is located in an accessory structure is not a conversion;and (b) Resource enhancement projects that involve work within a stream or wetland other than removal of invasive species and planting of vegetation. Exception:Exterior paint color review on nonhistoric buildings;modifications to an approved development permit where there is no increase in the intensity of the use and no new building permit would result;City projects to construct a nonhabitable structure not abutting a residential property;and minor variance to the fence standards when proposed to resolve a code enforcement citation. Pre-application conferences must be scheduled by the applicant prior to submitting an application for development or prior to submitting for a building permit for an ADU that is not a conversion. ii. A pre-application conference is not required for ministerial applications except for accessory dwelling units as required in subsection 1.e.i of this section,but may be scheduled at the request of the applicant or when required by the City Manager. iii. The purpose of the pre-application conference is to discuss the proposal,the applicable criteria and the requirements for completing an application.A copy of an adopted neighborhood plan shall also be provided to the applicant,regardless whether its provisions constitute criteria for the proposed development or not. An applicant may request one or more additional pre-application conferences in order to discuss any changes in the applicable criteria and application requirements that may occur between the date of the pre-application conference and the filing of the development permit application. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 474/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES iv. The development permit application must be filed within one year from the date of the pre-application conference;if the development permit application is not filed within one year,a new pre-application conference is required unless the applicant requests and the City Manager approves a waiver of the additional pre- application conference. f. Neighborhood Contact and Notice Required for Certain Applications Following a pre-application conference,and prior to submittal of an application,the applicant shall contact and discuss the proposed development with any affected neighborhood for the following development applications: • A partition,subdivision,or a major development,or • Any other development permit if the City Manager deems neighborhood contact to be beneficial. i. Purpose The purpose of neighborhood contact is to identify potential issues or conflicts regarding a proposed application so that they maybe addressed prior to filing.This contact is intended to result in a better application and to expedite and lessen the expense of the review process by avoiding needless delays,appeals,remands or denials.The City expects an applicant to take the reasonable concerns and recommendations of the neighborhood into consideration when preparing an application.The City expects the neighborhood association to work with the applicant to provide such input. The City recognizes that potential impacts of development,such as stormwater runoff,traffic,noise or impacts on natural resources,may affect not only the area immediately surrounding the site of the proposed development,but the neighborhood in which the site is located,and adjacent neighborhoods. ii. Selecting Date,Time,and Location of Neighborhood Meeting In establishing the date,time and location of the meeting with the neighbors and with the neighborhoods: (1) Procedure The applicant shall follow the applicable procedures in subsections l.f.ii(1)(a)(i)and(ii)of this section. (a) Required Organizations (i) Recognized Neighborhood Association.Where the proposed development is within the boundaries of a recognized neighborhood association,the applicant shall provide the chair of the neighborhood association in which the site proposed for development is predominantly located three alternative meeting options(on three different days,with at least seven days between the first and the last date proposed). (ii) County Community Planning Organizations(CPOs).Where the proposed development is within the boundaries of a County-recognized CPO,or equivalent,the applicant shall provide the chair of the County CPO in which the site proposed for development is predominantly located three alternative meeting options(on three different days,with at least seven days between the first and the last date proposed). (iii) Homeowners Association.Where the proposed development is not within the boundaries of a recognized neighborhood association or County CPO,but is within the boundaries of a homeowners association registered with the Oregon Secretary of State,Corporation Division, the applicant shall provide the chair,president or registered agent of the homeowners association (according to the records of the Oregon Secretary of State)three alternative meeting options(on three different days,with at least seven days between the first and the last date proposed). (iv) Other.Where the proposed development is not within the boundaries of a recognized neighborhood association,County CPO,or registered homeowners association,the applicant The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 475/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES shall provide the neighborhood chair of the recognized neighborhood association closest to the site proposed for development with the three alternative dates(on three different days,with at least seven days between the first and the last date proposed). The chair of the recognized neighborhood association or County CPO,or chair,president,or registered agent of the homeowners association,as provided above in subsections 1.f.ii(i),(ii)and(iii)of this section, shall choose from the three alternatives within seven days of either the date the applicant mailed the request to establish the date and time of the neighborhood contact meeting or upon personal receipt of the written or oral request,whichever is earlier.If the chair,president,or registered agent,as applicable,fails to select the date and time of the meeting within the seven-day period,the applicant may establish the date and time of the meeting from one of the proposed alternatives. (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 l.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 meeting platform. iii. Notice to Neighborhoods,Property Owners and Residents of Neighborhood Meeting (1) The applicant shall contact by letter: (a) All recognized neighborhood associations whose boundaries contain all or part of the site of the proposed development; (b) All recognized neighborhood associations that are adjacent to those neighborhood(s)described in subsection 1.f.iii(1)(a)of this section;and (c) All property owners within 300 ft.of the site;provided,however,if there are less than 50 properties(excluding City-owned properties)within 300 ft.of the boundaries of the site,the notice area pursuant to this subsection shall be expanded,by ten-ft.increments outward from the 300-ft. boundary,until at least 50 properties(excluding City-owned properties)are included in the notice area. (2) The letter shall briefly describe the nature and location of the proposed development,and invite the associations and interested persons to a meeting to discuss the proposal in more detail. (3) On the same date the letters described above are mailed,the applicant shall provide and post notice on the property subject to the proposed application.The notice shall be posted at a location visible from the public right-of-way.The notice shall state that the site may be subject to a proposed development(e.g., partition,subdivision,major development,or as otherwise required by the City Manager)and shall set forth the name of the applicant and a telephone number where the applicant can be reached for additional information.The site shall remain posted until the conclusion of the meeting. iv. Manner of Providing Letter Notice of Neighborhood Meeting The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 476/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (1) Mailed Notice The letters required by subsection 1.fiii(1)of this section shall be sent as follows: (a) For recognized neighborhood associations: (i) By first class mail,and electronic mail if provided,to the chairs of the neighborhood associations,County CPO,or homeowners association;and (ii) By first class mail to the other officers of the recognized neighborhood associations;and (b) For property owners,by first class mail.The names and mailing addresses of the property owners shall be as shown by the most recent property tax assessment roll. v. Recording the Neighborhood Meeting The neighborhood associations,the applicant,and any interested person shall have the option of audiotaping the meeting.However,it is not a requirement that the meeting be audiotaped. vi. Applicant's Presentation at Neighborhood Meeting The applicant shall provide details in the neighborhood meeting that convey the appearance(materials and colors),site design,density,natural resources protection areas,arrangement of uses,access and other relevant visual information that would be included in a complete application for the type of development proposed. vii. Meeting Minutes/Neighborhood Association Concerns (1) The applicant shall prepare minutes of the neighborhood meeting.The minutes shall contain a record of any verbal comments made at the meeting. (2) The applicant shall send a copy of the written minutes of the neighborhood meeting to the respective neighborhood association chairs that received notice of the meeting pursuant to subsections 1.f.iii(1)(a) and(b)of this section,and,if applicable,pursuant to subsections 1.f.ii(1)(a)(ii)and(iii)of this section,the chair of the County CPO,or chair,president,or registered agent of the homeowners association,within 14 days following the meeting. (3) Each neighborhood association chair,chair of the County CPO,or chair,president,or registered agent of the homeowners association,as applicable,or representative thereof,shall submit a list of the respective neighborhood's concerns,if any,to the City and the applicant within 14 days following the mailing of the minutes by the applicant to the neighborhood association chair or the chair's designated representative. (4) The neighborhood association chairs,chair of the County CPO,or chair,president,or registered agent of the homeowners association,as applicable,shall be allowed to supplement the record with any additional comments regarding the content of the meeting,as long as such comments are filed before the record is closed. viii. Applicant's Documents Filed with Application An application shall not be accepted for filing unless and until the applicant demonstrates compliance with this section by including with the application: (1) A copy of the letter to the chairs of the recognized neighborhood associations,County CPO,or homeowners association; (2) A copy of the letter to officers of the associations and to property owners and residents pursuant to subsection 1.f iv of this section,including an affidavit of mailing and a copy of the mailing list containing the names and addresses of such owners and residents; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 477/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (3) A copy of the required posted notice,along with an affidavit of posting; (4) A copy of the minutes of the meetings,and copies of any written comments from property owners, residents,and neighborhood association members;and (5) A copy of the materials that were presented at the neighborhood association meeting. g. Determination of Completeness i. The purpose of this subsection and subsections 1.g.ii and iii of this section is to codify the statutory maximum review period in the applicable ORS 197.311(Final Action on Application for Certain Residential Developments Required Within 100 Days)or 227.178(Final Action on Certain Applications Required Within 120 Days)(referred to herein as the"Maximum Review Period Rule").In the event of a difference in procedure for determining when an application is complete,the provisions of then ORS 197.311 or 227.178 shall supersede any inconsistent provisions of this subsection and subsections 1.g.ii and iii of this section.This subsection and subsections 1.g.ii and iii of this section are applicable only to those minor and major development applications that are subject to the requirements of the Maximum Review Period Rules under state law. The City Manager shall review the application and determine whether it is complete.The City Manager shall mail a written notice of such determination within 30 days of the date of filing of the application.If the City Manager determines that the application is incomplete,the City Manager shall inform the applicant in the written notice of the additional information necessary to make the application complete.The application shall be complete at such time as: (1) All of the missing information is submitted; (2) Some of the missing information is submitted and written notice from the applicant that no other information will be provided;or (3) Written notice from the applicant is submitted that none of the missing information will be provided. The applicant shall have 180 days to complete the application. If the City Manager fails to mail notice of the determination within 30 days from the date of filing of an application,the application shall be deemed complete on the 31st day following filing of the application for the purposes of the applicable Maximum Review Period Rules. ii. When the City Manager determines the application is complete,the City Manager shall inform the applicant of the completeness by mail.A copy of the completeness letter shall also be mailed to the affected neighborhood associations identified in LOC 50.07.003.1.f.iii(1)(a)and(b).Within ten days of the mailing of the notice of completeness to the respective neighborhood associations,the chair,or the chair's representative, of any of the noticed neighborhood associations may request a meeting with the City Manager to discuss the application.The purpose of this meeting is to identify issues.No evidence or argument presented at this meeting shall be deemed to be made part of the record;any evidence or argument shall be submitted in the manner required by LOC 50.07.003.3,Public Notice/Opportunity for Public Comment,or LOC 50.07.003.15.b.i,and LOC 50.07.003.4.a,Conduct of the Hearing.If a meeting is requested,the applicant shall be notified of the meeting and invited to attend the meeting. iii. A final decision on an application,including resolution of all appeals,shall be rendered within the applicable Maximum Review Period Rules after the application is deemed complete pursuant to ORS 197.311 or 227.178. iv. Nothing in this section shall be deemed to be a limitation on the City's ability to render a final decision on a land use application after the expiration of the applicable Maximum Review Period Rule. h. Extensions or Continuances The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 478/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. Extension to File Completed Application.No extension or continuance is available to file a completed application,per ORS 227.178(3,4). ii. 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. i. Withdrawing an Application An applicant may withdraw an application at any time prior to adoption of a final City decision on the application. Proceedings on the application shall terminate as of the date of withdrawal.The City Manager may refund all or part of the application fee,depending on how much staff work had been completed at the time of withdrawal. j. Modification of Pending Application i. Modifications of a pending application shall be considered under the standards in effect at the time the application was filed,if the modification: (1) Does not increase the amount of required parking,square footage,or the number of dwelling units; or (2) Does not change the form of a structure. ii. Any modification that does not comply with subsection 1.j.i of this section shall be considered a new application. (Ord.2909,Amended,02/07/2023;Ord.2884,Amended,04/05/2022;Ord.2853,Amended,11/03/2020;Ord.2832, Amended,01/07/2020;Ord.2797,Amended,11/06/2018;Ord.2784,Amended,07/03/2018;Ord.2783,Amended, 06/19/2018;Ord.2732,Amended,02/21/2017;Ord.2725,Amended,12/06/2016;Ord.2643,Amended, 11/04/2014;Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 2. FEES AND DEPOSITS a. The City may charge fees and deposits for applications,plan reviews,inspections,interpretations,appeals,or any other action pursuant to this Code.Such fees shall be established by resolution of the City Council.The City Manager shall review application fees annually and shall recommend proposed fees and fee changes to the Council. b. The filing fee requirement shall not apply to appeals filed by the Oregon State Department of Land Conservation and Development or to appeals filed by recognized neighborhood associations entitled to receive notice of a pre-application neighborhood meeting. (Ord.2579,Repealed and Replaced,03/20/2012) 3. PUBLIC NOTICE/OPPORTUNITY FOR PUBLIC COMMENT S a. Written and Posted Notice for Minor Development Prior to making a final decision on a minor development permit application,notice of the opportunity to comment upon an application and,if applicable,the date of a public hearing upon the application shall be given as follows: i. Notice to Property Owners The City Manager shall provide written notice to property owners within 300 ft.of the entire contiguous site for which the application is made.Except for residential infill design review(RID)applications,if there are fewer The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 479/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES than 50 properties(excluding City-owned properties)within 300 ft.of the site,the notice area shall be expanded by ten-ft.increments outward from the 300-ft.boundary until at least 50 properties(excluding City- owned properties)are included in the notice area.The list shall be compiled from the most recent property tax assessment roll. ii. Notice to Neighborhood Associations Written notice shall also be sent to: (1) Any recognized neighborhood association(s)whose boundaries either contain part or all of the site; and (2) All adjacent recognized neighborhood associations(adjacent recognized neighborhood associations are those associations which share boundaries with the neighborhood(s)identified in subsection 3.a.ii(1)of this section,and include recognized neighborhood associations that are separated from the neighborhood association(s)identified above by a street or stream). iii. Notice to Other Jurisdictions and Affected Roadway and Railroad Authorities Written notice shall be provided to: (1) Oregon Department of Transportation and the affected railroad company if the application indicates that a railroad-highway crossing provides or will provide the only access to land that is the subject of the application;and (2) A city or county or state where that jurisdiction's boundary or transportation facility is within one- half mile of the boundary of the development site. The City Manager may give additional notice of application to other governmental entities as deemed appropriate,e.g.,TriMet. iv. Notice for Development within the Greenway Management Overlay District In addition to the notification required above,the City shall notify the Oregon State Department of Transportation by first class mail(or electronic mail if consented to)immediately upon receipt of a complete application for development,change or intensification of use in the Greenway Compatibility Review Boundary area and shall notify the Department of final actions taken on the applications. v. Contents of Notice The notice required by this section,above,shall: (1) Provide a 14-day period for submission of comments prior to the decision; (2) State the place,date and time that comments are due; (3) State that issues which may provide the basis for an appeal to the Land Use Board of Appeals shall be raised with sufficient specificity to enable the City to respond to the issue; (4) List,by commonly used citation,the applicable criteria for a decision; (5) Set forth the street address or other easily understood geographical reference to the subject property; (6) If the application concerns a specific location,include a map identifying the subject site in relation to the nearby neighborhood and streets; (7) State that copies of all evidence relied on by the applicant are available for review,and that copies can be obtained at cost; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 480/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (8) Include the name and phone number of the City Manager or such other City staff person as may be assigned by the City Manager to review the application;and (9) For a similar use analysis,a description of the proposed use. vi. Posted Notice Within three business days after the mailing date of the notices in LOC 50.07.003.3.a.i through iv,the City shall post notice on the property subject to the proposed application.The notice shall be posted at a location visible from the public right-of-way.The notice shall state: (1) That the site is the subject of a proposed development application, (2) The name of the applicant, (3) The name and telephone number of the staff coordinator for the application, (4) The deadline for submission of written comments, (5) The date of the public hearing,if applicable, (6) That a copy of the mailed notice(which includes a listing of the criteria for the decision)can be obtained from the planning coordinator. The site shall remain posted until the conclusion of the date for submission of comments and,if applicable,the date set for the first evidentiary public hearing upon the application. The City Manager shall certify that such notice was given. b. Reserved c. Notice for Initial Public Hearing for Minor and Major Development i. Notice of a public hearing before a hearing body containing the information required below shall be mailed at least 20 days before the initial public hearing as follows: (1) To the applicant; (2) To property owners in the same manner as provided in LOC 50.07.003.3.a.i; (3) To neighborhood associations in the same manner as provided in LOC 50.07.003.3.a.i; (4) To a: (a) City and county when the lot is within one-half mile of the City's or county's boundary; (b) City,county,and ODOT when the lot is within one-half mile of the City's,county's or state's transportation facility;and (c) Railroad company when the railroad-highway crossing provides or will provide the only access to land that is the subject of the application. (5) Persons filing comments within any comment period:If the hearing regards an appeal of a City Manager decision on a minor development application,to any person not otherwise required to be notified by this section who submitted comments during the 14-day comment period. ii. Nothing in subsection 3.c.i of this section shall preclude the City Manager from providing additional public notice as the City Manager deems appropriate. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 481/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES 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; (6) State that failure of an issue to be raised in a hearing,in person or by letter,or failure to provide statements or evidence sufficient to afford the hearing body an opportunity to respond to the issue precludes appeal to the City Council and the Oregon State Land Use Board of Appeals on that issue; (7) Include the name and phone number of the City staff person assigned to the application from whom additional information may be obtained; (8) State that a copy of the application,all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost; (9) State that a copy of the staff report will be available for inspection at no cost at least ten days prior to the hearing and will be provided at reasonable cost;and (10) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing. iv. In addition to the mailed notice above,notice shall be given by posting upon the subject property in the same manner as required by LOC 50.07.003.3.a.vi. [Editor's Note:Per LOC 50.07.004.5,notification of a circulation analysis is required if a minor development is subject to the Street Connectivity Development Standard.] d. Notice for Legislative Hearing Notice of a hearing on a legislative decision shall be published at least once in a newspaper of general circulation in the City of Lake Oswego at least ten days in advance of the hearing.Notice shall also be mailed at least ten days in advance to the Committee for Citizen Involvement and to all recognized neighborhood associations.The notice shall include: i. The time,date,and place of the public hearing; ii. A brief description of the proposed legislative amendment;and iii. A phone number for obtaining additional information. (Ord.2884,Amended,04/05/2022;Ord.2832,Amended,01/07/2020;Ord.2783,Amended,06/19/2018;Ord.2732, Amended,02/21/2017;Ord.2725,Amended,12/06/2016;Ord.2668,Amended,12/01/2015;Ord.2644,Amended, 04/07/2015;Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 4. HEARINGS Revised 4/23 a. Conduct of the Hearing The Chair of the hearing body shall conduct the initial evidentiary hearing on a major development application or an appeal of a decision on a minor development as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 482/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. The Chair shall open the hearing by stating the general nature of the application,followed by a summary of these procedures. ii. The Chair shall ask whether any member of the hearing body has any potential bias,conflict of interest,or had ex parte contact."Ex parte contact"is any contact regarding the subject application outside of the public hearing,including a site visit.Ex parte contact does not include contact with City staff members.Any member of the hearing body who has bias,a conflict of interest,or has had an ex parte contact shall explain the nature of such bias,conflict or ex parte contact. iii. The Chair shall next ask if there is any challenge to a hearing body member's right to consider the application.Unless the challenge is based upon information revealed pursuant to subsection 4.a.xi(2)of this section,a challenging party must deliver a written document setting forth the reasons and authority for such challenge to the member challenged and the hearing body Chair at least 24 hours prior to the hearing. iv. The Chair shall next call for presentation of the staff report.Staff shall list the applicable substantive criteria and shall explain the reasons behind the City Manager's recommendation or decision,in the case of an appeal. v. The Chair shall state that evidence and testimony must be directed to the applicable criteria described by staff or to other criteria in the Comprehensive Plan or land use regulations which the person believes to apply to the decision.The Chair shall also state that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision-maker and the parties an opportunity to respond precludes appeal to the City Council or LUBA on that issue. vi. The Chair shall call for the applicant's testimony. vii. The Chair shall call for other evidence or testimony in support of the application. viii. The Chair shall call for evidence or testimony in opposition to the application. ix. The Chair shall call for neutral evidence or testimony. x. The Chair shall call for rebuttal by the applicant.The applicant's rebuttal is limited to responding to testimony previously submitted and shall be based solely on the evidence in the record.If the applicant submits new evidence in aid of rebuttal,the Chair shall allow any person to respond to that evidence,and provide for fmal rebuttal by the applicant. xi. Prior to the conclusion of the initial evidentiary hearing,any participant may request an opportunity to present additional evidence or testimony regarding the application.The hearing body shall grant such request by continuing the hearing pursuant to subsection 4.a.xi(1)of this section or leaving the record open for additional written evidence or testimony pursuant to subsection 4.a.xi(2)of this section. (1) If the hearing body grants a continuance,the hearing shall be continued to a date,time and place certain at least seven days from the date of the initial evidentiary hearing.An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony.If new written evidence is submitted at the continued hearing,any person may request,prior to the conclusion of the continued hearing,that the record be left open for at least seven days to submit additional written evidence or testimony for the purpose of responding to the new written evidence. (2) If the hearing body leaves the record open for additional written evidence or testimony,the record shall be left open for at least seven days.Any participant may file a written request with the City for an opportunity to respond to new evidence submitted during the period the record was left open.If such a request is filed,the hearing body shall reopen the record for a specific period of time.During this period, any person may submit written testimony raising new issues which relate to the new evidence,testimony or criteria for decision-making which apply to the matter at issue. (3) A continuance or extension granted pursuant to this section shall be subject to the applicable Maximum Review Period,unless the continuance or extension is requested or agreed to by the applicant. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 483/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES xii. Unless waived by the applicant,the hearing body shall allow the applicant at least seven days after the record is closed to all other parties to submit final written arguments in support of the application.The applicant's fmal submittal shall be considered part of the record,but shall not include any new evidence. xiii. If no continuance is granted and the record is not left open,or at the conclusion of such continuance or open record period and/or any additional seven-day rebuttal period granted to the applicant pursuant to subsection 4.a.xii of this section,the Chair shall return the matter to the table for deliberation and decision.The hearing body's deliberations may include questions to or testimony by City staff regarding the criteria, evidence and testimony in the record.The hearing body may also direct questions to any person present.If any person other than City staff is questioned or allowed to make comments during deliberation,the Chair shall allow any other person to respond to such comments. xiv. For purposes of this section: (1) "Argument"means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision."Argument"does not include facts. (2) "Evidence"means facts,documents,data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision. b. Time Limits on Testimony i. The purpose of time limits on testimony is to provide all interested persons with an adequate opportunity to present and respond to testimony while at the same time ensuring that the hearing can be conducted in an efficient and expeditious manner.The following time limits on testimony shall be observed during a hearing conducted by a hearing body,subject to the right of the Chair,with hearing body consent,to amend or waive the time limits: (1) Twenty minutes for the applicant's presentation; (2) Ten minutes for a representative of a recognized neighborhood association,homeowners association, government or government agency,or other incorporated public interest organization; (3) Five minutes for other persons;and (4) Five minutes for rebuttal. ii. The time limits set forth in this section shall not include time taken up resolving objections or by questions or response to questions from the hearing body. lii. As a general guideline,if the Chair decides to increase or decrease the time limits for testimony,the Chair shall do so in equal proportion for both the appellant and the applicant.The Chair may increase the time limit for rebuttal without increasing other time limits on testimony,however,in cases where the testimony in opposition is so complex or extensive that five minutes would not give the applicant an adequate opportunity to respond to the testimony. iv. Any person in attendance at the hearing may cede their time for testimony to a representative or another person and thereby increase that representative's or other person's time for testimony.No person's or other representative's testimony may be increased to greater than ten minutes.No person may cede their time to the applicant or the appellant. 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 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 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 484/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES scheduled hearing to be submitted by staff at the hearing.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. d. Objections The purpose of the hearing procedures set forth in this Code is to provide all interested persons a reasonable opportunity to participate in the hearing process and to provide a full and impartial hearing on the application or appeal before the hearing body.Any question concerning the proper conduct of a hearing held pursuant to this Code may be raised by any person during the proceeding by making an objection.The Chair shall rule on any objection, subject to the right of the hearing body to overturn the Chair's ruling by majority vote. e. Preservation of Order The Chair shall preserve order and decorum,discourage personal attacks,and confine debate to the material issues. The Chair may eject from the hearing any person in attendance who becomes disorderly,abusive or disruptive,or who fails or refuses to obey a ruling of the Chair.The Chair may summon assistance of the Lake Oswego Police to assist in maintaining order. f. Continuances i. The hearing body shall continue a public hearing or leave the record open when required to do so,pursuant to LOC 50.07.003.4.a.xi. ii. The hearing body may elect to continue a hearing one or more times on its own motion or at the reasonable request of a party.Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the time limitations of the applicable Maximum Review Period.If the initial evidentiary hearing has not been completed pursuant to LOC 50.07.003.4.a,the continued hearing shall resume at the point in the proceedings at which the hearing was continued.If the initial evidentiary hearing has been concluded and the hearing body desires a continuance to reopen the record for additional testimony,the continued hearing shall be conducted as provided in subsection 4.f.iii of this section.In the latter case,the hearing body may limit evidence or testimony to a particular issue or issues,but any person shall be allowed to raise new issues which relate to the new evidence,testimony or criteria for decision-making for which the hearing body continued the hearing. iii. Except as otherwise provided in subsection 4.f.ii of this section,a continued hearing shall be conducted as follows: (1) The Chair shall open the continued hearing. (2) The City Manager shall give a staff report which shall include the reason for the continuance. (3) If applicable,the Chair shall state that testimony at the hearing is limited to addressing the new documents or evidence described by staff and any new issues which relate to such documents or evidence. (4) The Chair shall call for the applicant's testimony. (5) The Chair shall call for testimony from persons in favor of the application. (6) The Chair shall call for testimony from persons opposed to the application. (7) The Chair shall call for testimony from persons neutral on the application. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 485/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (8) The Chair shall call for rebuttal by the applicant. (9) Unless an extension of the record is requested pursuant to LOC 50.07.003.4.a.xi(1),and/or the applicant exercises their right to final rebuttal pursuant to LOC 50.07.003.4.a.xii,the Chair shall return the matter to the table for deliberation and decision as described in LOC 50.07.003.4.a.xiii.If an extension of the record is requested and/or the applicant exercises their right of final rebuttal,the Chair shall continue deliberation to a time,date and place certain following final closure of the record. iv. Notice No additional notice of a continued hearing is required if the hearing body continues the hearing to a date,time and 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. g. Decision of the Hearing Body i. At the conclusion of deliberations,the hearing body shall make a preliminary oral decision to approve, approve with conditions pursuant to LOC 50.07.003.5,or deny an application based upon the applicable standards and criteria and the evidence and testimony in the record.The preliminary oral decision is not a final decision.At any time prior to the adoption of the final order pursuant to subsection 4.g.ii of this section,the hearing body may modify or change its decision or choose to reopen the hearing. ii. The hearing body shall adopt a final written order either immediately after making its preliminary oral decision or at a public meeting within a reasonable time after making the preliminary oral decision.The final written order shall consist of a brief statement that explains the criteria and standards considered relevant,states the facts relied upon in rendering the decision and explains the justification for the decision based upon the criteria,standards and facts set forth.The order shall also contain or incorporate by reference any conditions of approval deemed necessary or appropriate by the hearing body.A proposed order maybe prepared by the City Manager or may be prepared by the prevailing party subject to review and approval of the City Manager.The hearing body shall amend the proposed order if it finds that the proposed order does not accurately articulate the hearing body's decision.Except as provided in subsection 4.g.iii of this section,the written order is the final decision on the application and the date of the order for purposes of appeal is the date on which it is adopted by the hearing body. iii. In the case of a major development which requires an amendment of the Comprehensive Plan,or the text or map of this Code,the hearing body's order adopted pursuant to subsection 4.g.ii of this section shall be considered a recommendation to Council and not a final decision.The notice of the hearing body's decision provided pursuant to LOC 50.07.003.4.h shall be modified to note that the decision is a recommendation which will be forwarded to the Council for public hearing and final decision.The Council shall review the recommendation pursuant to LOC 50.07.003.7.f through o,Appeals,and LOC 50.07.003.4.e,Preservation of Order,except that,for purposes of the appeal hearing in LOC 50.07.003.7.i,Conduct of the Appeal Hearing, the applicant shall proceed with testimony,followed by persons in favor of the application,opponents,and rebuttal by the applicant. iv. Motions for reconsideration of either a preliminary decision or final order filed by a party shall not be allowed.The City Manager may recommend reconsideration prior to adoption of the final order if the City Manager,in consultation with the City Attorney,believes reconsideration is necessary to correct a procedural error that prejudiced a party's substantial rights. h. Notice of Decision The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 486/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Notice of the decision shall be sent to the applicant and to all persons who testified either orally or in writing before the hearing body.The notice of decision shall: i. Include the file number,date and brief summary of the final decision; ii. Include the name and address of the applicant; iii. Include an easily understood geographical reference to the subject property and a map,if applicable; iv. State that a copy of the decision is available for review,and that a copy can be obtained at cost;and v. State that the decision may be appealed by filing a written notice of intent to appeal with the City Manager within 15 calendar days of the date of the final decision.The notice shall include the requirements for filing a notice of intent to appeal contained in LOC 50.07.003.7.d.The name,address and phone number of the City Manager shall be included in the notice. i. Record of Proceedings The City Manager shall maintain a record of all proceedings on requests processed pursuant to this Code.The record of proceedings leading to approval of a request shall be maintained for a period of time to be determined by the City Manager,which shall not be less than two years from the date of the approval. (Ord.2909,Amended,02/07/2023;Ord.2884,Amended,04/05/2022;Ord.2797,Amended,11/06/2018;Ord.2732, Amended,02/21/2017;Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 5. CONDITIONS ON DEVELOPMENT 115) a. The reviewing authority may impose conditions of approval on a major or minor development permit in one or more of the following circumstances: i. The condition is necessary to bring the application into compliance with applicable approval criteria. ii. The condition is required as a condition of approval,construction or implementation by the development standards,the Lake Oswego Code or state statute. iii. The condition is reasonably related to alleviation of a need for public services or facilities created or contributed to by the proposed development.As used in this section,"public services or facilities"includes sewer,water,surface water management,parks,open space,streets,sidewalks,and pathways. iv. The condition is reasonably related to eliminating or mitigating a negative impact on natural features or processes or on the built environment of the neighborhood which is created or contributed to by the proposed development.As used in this section,"natural features or processes"includes tree groves,stream corridors and natural drainage ways,significant tree(s),wetlands,and other natural areas. v. The proposed variance or exception to a code requirement is based on the preservation of tree(s),and the condition of approval is reasonably related to preserving the tree(s)that is the basis for the variance or exception. b. Conditions of approval contemplated by LOC 50.07.003.5.a include,but are not limited to: i. Imposition of a development schedule. ii. Requiring reservation or protection of land for open space or to protect significant natural features. iii. Requiring dedication of property,rights-of-way,easements or conservation easements for public facilities such as streets,utilities,pathways,sidewalks,surface water management and street trees,or for protection of The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 487/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES tree groves,wetlands,stream corridors or other natural features.Dedications of property or property rights pursuant to this subsection must be based upon findings pursuant to LOC 50.07.003.5.a.iii or iv. iv. Requiring on-site and off-site construction of or improvements to public facilities where necessary to ensure adequate capacity and where service demand will be created or increased by the proposed development. The costs of off-site improvements may be pro-rated between the applicant and the City in proportion to the increased service demand which will be created by the project when compared to the demand existing if the project were not constructed. v. Requiring construction and maintenance guarantees to ensure that required public facilities are constructed to and will comply with City standards,regulations or conditions. vi. Requiring modifications in the design or intensity of a proposed development or to require or prohibit certain construction methods. vii. Requiring approval,inspection,or evaluation by another agency,jurisdiction,public utility or consultant. viii. Limiting the number,location or design of street accesses to a proposed development to maintain street capacity,improve safety,or otherwise comply with an approval criterion. ix. Requiring covenants,conditions or restrictions to be recorded against the property. (Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 6. EFFECT OF DECISION a. Effective Date of a Decision i. Except as provided by subsection 6.a.ii of this section,a final decision approving a development permit becomes effective upon expiration of the local appeal period,unless an ordinance amendment is required in order to implement the approval.In the latter case,the approval becomes effective at the time the ordinance becomes effective pursuant to the Lake Oswego Charter.The filing of an appeal automatically stays the decision until resolution of the appeal by City appellate authorities. ii. A fmal decision of the City Council approving a development permit is effective immediately and is not stayed by appeal to Land Use Board of Appeals(LUBA),unless LUBA so orders pursuant to ORS 197.845. b. Effect of Decision to Approve An approved and effective development permit is binding upon the City,the applicant and successors in interest, unless it expires,is amended or is revoked pursuant to this Code. c. Effect of Denial;Resubmittal i. A final decision denying a development permit is effective immediately. ii. If an application is denied and is not appealed,or the denial is affirmed on appeal,no new application for the same or a substantially similar proposal shall be filed within six months after the date of final denial.A new application shall not be considered"the same or substantially similar"if it can be modified,and is modified,to address the reasons why the original application was denied. (Ord.2579,Repealed and Replaced,03/20/2012) 7. APPEALS Revised 4/23 a. Review by Hearing Body An application for a major development,minor developments in the R-DD zone pursuant to LOC 50.07.003.14.a.ii(1),or an appeal of a decision of the City Manager regarding a minor development application The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 488/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (except any minor development decision specified by this Code to be made by the City Engineer)shall be decided by a hearing body following a public hearing held pursuant to this Code. b. Appeal of Minor Development Decision i. A final decision of the City Manager on a minor development application may be appealed to a hearing body by the applicant or any person aggrieved by the decision.An appeal shall be made by filing a written request for a hearing with the City Manager within 15 calendar days of the date of decision. Exception:Minor development decision specified by this Code to be made by the City Engineer. For decisions made by the City Manager on historic resources,the applicant or any person aggrieved by the decision may appeal that decision.(If notice of the application was given,the person must have participated in the process leading to the Manager's decision in order to appeal.)The City Manager shall determine if the Development Review Commission or Historic Resources Advisory Board is the appropriate hearing body based upon the nature of the decision appealed,the notice of appeal,and the expertise of the Commission and Board. For decisions made by the City Manager on a similar use analysis,the Planning Commission is the hearing body for an appeal. ii. A written request for a hearing shall contain: (1) A reference to the City application number and date of the final decision; (2) A request that a hearing be held on the application; (3) The name,address,and signature of the appellant;and (4) A filing fee.The filing fee shall be set by resolution of the City Council,but shall be no more than authorized by state law.The filing fee shall be refunded if the appellant prevails at the hearing or on a subsequent appeal.The filing fee requirement shall not apply to appeals filed by the Oregon State Department of Land Conservation and Development or to appeals filed by recognized neighborhood associations entitled to receive notice of a pre-application neighborhood meeting pursuant to LOC 50.07.003.1.f.iii(1)(a)and(b). (5) Neighborhood Association Documentation:Not later than 5:00 p.m.on the business day prior to the public hearing for persons opposing the application,a neighborhood association shall submit documentation that the request for hearing filed on behalf of the neighborhood association was approved or is ratified in the manner provided by the association's bylaws or by board or membership vote.If this documentation is not provided,the neighborhood association's request for hearing shall be deemed withdrawn and the appeal shall be dismissed. iii. The City Manager shall reject the appeal if it is not filed within the 15-day appeal period set forth in subsection 7.b.i of this section,is not filed in the form required by subsection 7.b.ii of this section,or does not include the filing fee required by subsection 7.b.ii of this section.If the City Manager rejects an appeal,the City Manager shall so notify the appellant by letter.This letter shall include a brief explanation of the reason why the City Manager rejects the appeal.A decision of the City Manager to reject an appeal pursuant to this section is final and is not subject to appeal to the hearing body or the City Council.An appeal rejected pursuant to subsection 7.b.ii of this section may be corrected if it is refiled within the 15-day appeal period set forth in subsection 7.b.i of this section. iv. An appeal of a City Manager decision regarding a minor development shall be heard de novo by the hearing body pursuant to LOC 50.07.003.3.c,50.07.003.4 and 50.07.003.15.b.i and ii. Exception:Minor development decision specified by this Code to be made by the City Engineer. c. Filing an Appeal of a Hearing Body or City Engineer Decision The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 489/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. A final decision of a hearing body or City Engineer may be appealed to the Lake Oswego City Council by the applicant,any person who appeared before the hearing body either orally or in writing regarding the application,or any person that submitted written comment to the City Engineer on the City Engineer's decision.An appeal shall be made by filing a notice of intent to appeal with the City Manager within 15 calendar days of the date of the hearing body's final decision. ii. A notice of intent to appeal shall be in writing and shall contain: (1) A reference to the City application number and date of the final decision; (2) A statement that demonstrates the appellant is the applicant or appeared either orally or in writing in front of the hearing body; (3) The name,address,and signature of the appellant or the appellant's representative; (4) An appeal fee,if applicable,per subsections 7.b.ii(4)and(5)of this section;and (5) A discussion of the specific issues raised for Council's consideration and the specific reasons why the appellant contends that the hearing body decision is incorrect or not in conformance with the applicable criteria.This requirement shall not limit,however,the right of the appellant or other persons appearing at the hearing from raising other issues that were raised before the hearing body. Exception:For appeal of the City Engineer's decision,a discussion of the specific issues raised for Council's consideration and the specific reasons why the appellant contends the City Engineer's decision is incorrect or not in conformance with the applicable criteria. iii. The appeal fee shall be set by resolution of the City Council.The appeal fee shall be reasonable and shall be no more than the average cost of such appeals or the actual cost of the appeal. iv. The City Manager shall reject the appeal if it is not filed within the 15-day appeal period set forth in subsection 7.c.i of this section,is not filed in the form required by subsection 7.c.ii of this section,or does not include the filing fee required by subsections 7.c.ii and iii of this section.If the City Manager rejects an appeal, the City Manager shall so notify the appellant by letter.This letter shall include a brief explanation of the reason why the City Manager rejects the appeal.A decision of the City Manager to reject an appeal pursuant to this section is a fmal City decision as of the date of the letter and is not subject to appeal to a hearing body or the City Council.The appellant shall be allowed to correct a failure to comply with subsection 7.c.ii or iii of this section,if the correction can be made and is made within the 15-day appeal period provided in subsection 7.c.i of this section. d. Multiple Appeals;Consolidation i. If more than one person files a Notice of Intent to Appeal a specific hearing body decision,the appeals shall be consolidated into one proceeding.The appeal fee shall be divided equally among the multiple appellants; any amount deposited in excess of the amount determined by the City Recorder to be owed shall be refunded on a pro rata basis. ii. The appellants shall share the appellant's time for testimony equally or may make such other split as they mutually agree,or the appellants may elect to have one person represent all appellants.If appeals are filed by opposing parties(i.e.,an applicant for a project and a person opposed to the project),they may be consolidated into one proceeding but shall be heard separately prior to the decision.The Mayor,with Council consent,may decide to alter the time limits for testimony depending on the circumstances. e. Withdrawing an Appeal A Notice of Intent to Appeal may be withdrawn at any time prior to a fmal decision.Proceedings on the appeal shall terminate as of the date of withdrawal.The City Manager may refund the appeal fee either in full or in part, depending on the amount of staff work expended preparing the appeal for hearing. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 490/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES f. Preparation of Record and Staff Report;Transcript i. Record of Hearing Body Proceedings Following receipt of a Notice of Intent to Appeal filed in compliance with subsection 7.b of this section,the City Manager shall prepare a record for Council review containing: (1) All staff reports and memoranda prepared regarding the application that were presented to the hearing body; (2) Minutes of all hearing body proceedings at which the application was considered; (3) All written testimony and all exhibits,maps,documents or other written materials presented to and not rejected by the hearing body during the proceedings on the application;and (4) The fmal written order of the hearing body,or for a minor development decision of the City Engineer the written order of the City Engineer. ii. Staff Report The City Manager shall prepare a staff report on the appeal explaining the basis for the decision as relates to the reasons for appeal set forth in the Notice of Intent to Appeal,and such other matters related to the appeal as deemed appropriate.The staff report shall be available for public inspection at least ten days prior to the appeal hearing. iii. Transcript A verbatim transcript of the hearing body proceedings is not required.Any person who appeared before the hearing body on the application may prepare a certified verbatim transcript of all or part of the hearing body proceedings at that person's own expense.The City Manager may prepare a certified verbatim transcript of all or part of the hearing body proceedings at the City's expense if the City Manager deems a transcript necessary or advisable.A certified transcript prepared pursuant to this subsection shall be considered to be part of the record of the hearing body proceedings,and,if offered,shall be accepted into evidence and considered by the City Council. g. Notice of the Appeal Hearing i. Written notice of the appeal hearing before the City Council shall be sent by regular mail no later than 14 days prior to the date of the hearing to the appellant,the applicant if different from the appellant,and all persons who testified either orally or in writing before the hearing body,or,for a minor development decision of the City Engineer,submitted written testimony to the City Engineer. ii. Notice of the hearing shall: (1) Reference the applicable Planning Department file number or numbers; (2) Set forth the street address or other easily understood geographical reference to the subject property; (3) State the date,time and location of the hearing; (4) State that an appeal has been filed,set forth the name of the appellant or appellants and contain a brief description of the reasons for appeal; (5) State that City Council review is confined to the record before the hearing body,that only persons who testified either orally or in writing before the hearing body may testify before the City Council,and that the only issues that may be raised before the Council are issues that were raised before the hearing body with sufficient specificity to enable the hearing body to respond; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 491/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Exception:For appeal of the City Engineer's decision,state that City Council review is confined to the record before the City Engineer,that only persons who testified in writing may testify before the City Council,and that the only issues that may be raised before the Council are issues that were raised before the City Engineer with sufficient specificity to enable the City Engineer to respond. (6) Include the name and phone number of the City staff person assigned to the application from whom additional information may be obtained; (7) State that a copy of the decision being appealed,the application,all documents and evidence contained in the record,and the applicable criteria are available for inspection at no cost and will be provided at reasonable cost;and (8) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing. h. Scope of Council Review i. Except as provided in subsections 7.h.ii and iii of this section,Council review is limited to the evidence in the record.No new evidence may be presented at the hearing and no person may testify unless that person appeared either orally or in writing before the hearing body or City Engineer,as applicable.No issue may be raised on appeal to the Council that was not raised with sufficient specificity to enable the hearing body and the parties or,if applicable,the City Engineer,to respond. ii. The City Council 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 contained within the record and may be considered by the hearing body in determination of the matter. iii. The Council may reopen the record and consider new evidence if such a request is made prior to or at the Council hearing by the appellant or any person who testified before the hearing body or,if applicable,the City Engineer,and the requesting party demonstrates: (1) That a procedural error was committed that prejudiced the requesting party's substantial rights and that reopening the record is the only alternative to remanding the application to the hearing body or,if applicable,the City Engineer,to correct the error;or (2) That new evidence material to the decision on appeal exists and could not have been initially presented.A requesting party may only qualify for this exception if they demonstrate that the new evidence concerns an unanticipated event which occurred after the close of the time to submit evidence. This exception shall be strictly construed by the Council in order to ensure that all relevant evidence and testimony is submitted to the hearing body or,if applicable,the City Engineer. i. Conduct of the Appeal Hearing Before City Council The Mayor shall conduct a hearing on appeal pursuant to the requirements of LOC 50.07.003.4.a.i through x and 50.07.003.4.a.xiii,Conduct of the Hearing.For the purposes of this section,"Mayor"includes the Council President or any other Councilor who serves as presiding officer of the Council in the Mayor's absence. j. Time Limits on Testimony The provisions of LOC 50.07.003.4.b shall be applicable here with the following time frames substituted for those in LOC 50.07.003.4.b.i: i. If the appellant is the applicant: (1) Fifteen minutes for the applicant's presentation; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 492/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (2) Ten minutes for a representative of a recognized neighborhood association,homeowners association, government or government agency,or other incorporated public interest organization; (3) Five minutes each for other persons;and (4) Five minutes for the applicant's rebuttal. ii. If the appellant is not the applicant: (1) Fifteen minutes for the applicant's presentation,except if the time is expanded by the Mayor pursuant to LOC 50.07.003.4.b.iii; (2) Fifteen minutes for the appellant's presentation.If there is more than one appellant,the appellants shall have a total of 15 minutes,unless the time is expanded by the Mayor pursuant to LOC 50.07.003.4.b.iii; (3) Ten minutes for a representative of a recognized neighborhood association,homeowners association, government or government agency,or other incorporated public interest organization; (4) Five minutes each for other persons;and (5) Five minutes for the applicant's rebuttal. k. Presenting Testimony i. Any person who testified either orally or in writing before the hearing body(or for an appeal of a decision of the City Engineer,any person who testified in writing before the City Engineer)may testify either orally or in writing before the Council on appeal.Such testimony shall be limited to argument regarding issues raised before the hearing body(or City Engineer),and shall be based solely upon the record of the proceedings. Enlargements,illustrations,maps or other exhibits may be submitted as long as they are part of the record or are entirely derived from evidence in the record. ii. Written testimony may be submitted prior to or at the public hearing.Written testimony submitted prior to the public hearing must be received by the City Recorder by 5:00 p.m.on the day of the scheduled hearing to be submitted by staff at the public hearing.Written testimony submitted at the hearing must be filed with the recording secretary and placed before the City Council.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.Written comments that attempt to present new evidence or raise new issues not presented or raised before the hearing body shall be rejected. 1. Objections The purpose of the hearing procedures is to provide all interested persons a reasonable opportunity to participate in the hearing process and to provide a full and impartial hearing on the application or appeal before the hearing body. Exception:For minor development decisions of the City Engineer,the purpose of the review procedure is to provide,per ORS 197.195,all interested persons a reasonable opportunity to participate in the review process and to provide a full and impartial opportunity to comment on the application. Any question concerning the proper conduct of a hearing held pursuant to this Code may be raised by any person during the proceeding by making an objection.The Mayor shall rule on any objection,subject to the right of the Council to overturn the Mayor's ruling by majority vote. m. Continuances i. The Council may elect to continue a hearing one or more times on its own motion or at the reasonable request of a party.No continuance shall be granted at the request of the applicant unless the applicant waives the applicable Maximum Review Period in writing or on the record.If the hearing has not been completed The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 493/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES pursuant to LOC 50.07.003.7.j,the continued hearing shall resume at the point in the proceedings at which the hearing was continued.If the hearing has been concluded and the Council desires a continuance to reopen the hearing for additional testimony,the continued hearing shall be conducted as provided in subsection 7.m.ii of this section.In the latter case,the Council may limit testimony to a particular issue or issues.If the appeal hearing has been concluded and the Mayor has returned the matter to the table for deliberations,the Council may continue deliberations to a date,time and place certain. ii. If an appeal hearing is continued to reopen the record for additional testimony,it shall be conducted as follows: (1) The Mayor shall open the continued hearing. (2) The City Manager shall give a staff report which shall include the reason for the continuance. (3) The Mayor shall call for the appellant's testimony. (4) The Mayor shall call for testimony from persons in favor of the appeal. (5) The Mayor shall call for testimony from persons opposed to the appeal,beginning with the applicant, if the applicant is not the appellant. (6) The Mayor shall call for testimony from persons neutral on the appeal. (7) The Mayor shall call for rebuttal by the appellant. (8) The Mayor shall return the matter to the table for deliberation and decision as described in LOC 50.07.003.4.a.xiii. iii. Notice No additional notice of a continued hearing is required if the Council continues a hearing to a date,time and place certain.If a public hearing must be continued due to lack of a quorum of the Council,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.In all other cases,public notice of a continued hearing shall be given pursuant to LOC 50.07.003.7.h. n. Decision of the Council i. At the conclusion of deliberations,the Council shall make a preliminary oral decision.The Council may affirm,reverse or modify the hearing body's decision in whole or in part,or may remand the decision back to the hearing body for additional evidence or consideration.The preliminary oral decision is not a fmal decision. At any time prior to the adoption of the final order pursuant to subsection 7.n.ii of this section the Council may modify its decision based upon the record or choose to reopen the hearing. ii. The Council shall adopt a final written order either immediately after making its preliminary oral decision or at a public meeting within a reasonable time after making the preliminary oral decision.The final written order shall consist of a brief statement that explains the criteria and standards considered relevant,states the facts relied upon in rendering the decision and explains the justification for the decision based upon the criteria, standards and facts set forth.The order shall also contain or incorporate by reference any conditions of approval deemed necessary or appropriate by the Council.A proposed order may be prepared by the City Attorney or may be prepared by the prevailing party subject to review and approval of the City Attorney.The Council shall amend the proposed order if it finds that the proposed order does not accurately articulate the Council's decision.The written order is the final decision on the application and the date of the order for purposes of appeal is the date on which it adopted by the Council. Hi. Motions for reconsideration of either a preliminary decision or final order filed by a party shall not be allowed.The City Manager may recommend reconsideration prior to adoption of the final order if the City The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 494/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Manager,in consultation with the City Attorney,believes reconsideration is necessary to correct a procedural error that prejudiced a party's substantial rights. o. Notice of Decision Notice of the Council's decision shall be sent by regular mail to the appellant,the applicant if different from the appellant,and to all persons who testified either orally or in writing before the Council.The notice of decision shall: i. Include the file number,date and brief summary of the final decision; ii. Include the name and address of the applicant; iii. Include an easily understood geographical reference to the subject property and a map,if applicable; iv. State that the decision is available for review,and that a copy can be obtained at cost;and v. State that the decision may be appealed by filing a written notice of intent to appeal with the Oregon State Land Use Board of Appeals(LUBA)within 21 days of the date of the final decision.The address and telephone number of the Land Use Board of Appeals shall be included in the notice. (Ord.2909,Amended,02/07/2023;Ord.2832,Amended,01/07/2020;Ord.2797,Amended,11/06/2018;Ord.2768, Amended,01/16/2018;Ord.2732,Amended,02/21/2017;Ord.2644,Amended,04/07/2015;Ord.2643,Amended, 11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 8. REMANDS a. Remands from the Council to the Hearing Body i. An order of the City Council remanding an application to a hearing body is a fmal decision for purposes of appeal to LUBA.If not appealed,all issues resolved by the remand order shall be considered decided and may not be revisited on remand,unless addressing the remanded issues results in amendments to the application which change the criteria or the factual basis on which the Council based its decision regarding an issue or issues not remanded. ii. The hearing body shall issue public notice and hear the application on remand as provided in LOC 50.07.003.15.b.i and ii and LOC 50.07.003.3.c,except that issues shall be limited as provided in subsection 8.a.i of this section. b. Remands from LUBA to the City Council When a final decision of the City Council is remanded to the City by the Oregon Land Use Board of Appeals (LUBA),the City Council shall either: i. Hold a hearing on remand if the issue upon which LUBA remanded the decision can be resolved by the City Council without reopening the record for additional evidence.Notice of the hearing on remand shall be given pursuant to LOC 50.07.003.7.g,Notice of the Appeal Hearing,to all persons who testified before the City Council at the public hearing or hearings that led to the decision remanded by LUBA.Instead of the explanation contained in LOC 50.07.003.7.g.ii(4),the notice shall set forth issues on remand that will be considered by the Council.The hearing shall be conducted pursuant to LOC 50.07.003.4,Hearings,except that testimony shall be limited to the issues upon which LUBA remanded the decision to the City,unless the application is amended on remand in a manner which changes the applicable criteria or the factual basis on which LUBA or the City Council based its decision regarding an issue or issues not remanded. ii. Remand the application to the hearing body if the issue upon which LUBA remanded the decision requires reopening the record for additional evidence.Notice of the hearing on remand shall be given pursuant to LOC 50.07.003.3.c,Notice for Public Hearing,and the hearing shall be conducted pursuant to LOC 50.07.003.4, Hearings,except that the notice of the applicable criteria and the testimony shall be limited to the criterion or criteria or the issue or issues upon which LUBA remanded the decision to the City,unless the application is modified in a manner which changes the applicable criteria or the factual basis on which LUBA or the City The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 495/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Council based its decision regarding an issue or issues not remanded.A decision of the hearing body on remand may be appealed to the City Council pursuant to LOC 50.07.003.7.c,Filing an Appeal of a Hearing Body Decision. (Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 9. IMPROVEMENTS AND SECURITY Revised 4/23 a. Obligation to Construct Public Facilities;Security;Acceptance of Improvements i. When an applicant for a development permit has an obligation to construct or improve public facilities imposed as a condition of the permit,the obligation shall be fulfilled prior to either approval of the final plat for a land division development permit,if applicable,or prior to the issuance of a permit for building construction on the site unless the City Manager has granted a waiver in writing of this requirement and the applicant has filed with the City Manager an acknowledgment of the obligation.The acknowledgment shall state the nature of the obligation,the time within which the obligation is to be met,identify the property subject to the obligation and contain a security deposit in a form acceptable to the City Manager and in an amount equal to 120%of the cost of fulfilling the obligation as estimated by the City Manager for the year in which fulfillment of the obligation is anticipated.A sufficient performance bond,cash deposit,or letter of credit are acceptable forms of security.Return of the security deposit shall be conditioned upon the applicant carrying out the obligation. ii. As an additional and separate part of the acknowledgment,the applicant shall agree to maintain the public facility for a period of one year following acceptance by the City Manager,to include but not be limited to repair,replacement and all things necessary to ensure the operational integrity of the facility,and shall provide the City with security in the amount of 10%of the cost of the improvement to insure the fulfillment of this obligation. iii. The security shall be forfeited to the City if the applicant does not fulfill the requirements stated in the acknowledgment.The City may use the security to complete the obligation or any part of it.Until the obligation is completed the security shall remain in the custody of the City or shall be placed in an escrow account subject to City control. iv. Upon receipt of written notice to the City Manager that the public facility has been completed and is ready for final inspection and acceptance,the City Manager shall within ten calendar days make such inspection.If the City Manager finds the work to be acceptable,there shall promptly be issued a final certificate stating that the work has been completed and is accepted. (Ord.2909,Amended,02/07/2023;Ord.2579,Repealed and Replaced,03/20/2012) 10. CERTIFICATE OF OCCUPANCY In order to assure completion of the work in the manner and at the time approved,the premises shall not be used or occupied for the purposes set forth in the permit until the City has issued a certificate of occupancy following completion of the work in substantial conformance to the permit.Prior to the fmal completion of all work,a certificate of occupancy maybe issued for a portion of the premises or conditioned upon further work being completed by a date certain. (Ord.2579,Repealed and Replaced,03/20/2012) 11. MODIFICATION OF DEVELOPMENT PERMITS S a. Modification of Approved Permit For ministerial or minor development permits,modifications to a development permit are classified as the same type of development as the original permit and shall be reviewed under the applicable review criteria for that The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 496/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES classification of development,except that the review criteria shall be limited to those criteria that are affected by the requested modification. [Cross-References:See LOC 50.07.007.4.c—Planned Development zone requirement modifications;LOC 50.07.006.8, Changes to the Overall Development Plan and Schedule;LOC 50.07.005.4,Modification of Conditional Use Permit.] (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 12. EXEMPT DEVELOPMENT a. Classification Exempt developments include: i. Landscaping or landscape alterations,unless: (1) Such landscaping or alterations would modify or violate a condition of approval of a prior permit. In such instance,the permit shall be processed as a modification of the prior permit; (2) Located within the Greenway Management Overlay District or flood management area;or (3) Located within an RP or RC overlay district,or an RC or HBA protection area,and not exempt from the requirements of the Sensitive Lands regulations pursuant to LOC 50.05.010.2.b. (4) The site is listed on the Landmark Designation List and landscaping is identified in the findings of fact regarding the historical,architectural,archaeological,or cultural significance of the landmark for its designation. ii. Normal or emergency repair or maintenance of public or private buildings,structures,or utilities. iii. Construction of a structure that does not require a building permit unless in flood management area. iv. Interior remodeling which does not change a structure's occupancy classification or change the structure to a use that does not qualify as a permitted use in the zone,unless in flood management area. v. Exterior remodeling of a structure that does not require a building permit,(1)and the structure is not identified as a landmark on the City Landmark Designation List and is not a contributing resource in a Historic District;or(2)unless in the flood management area. vi. Exterior remodeling of a National Register property that(1)is not a"demolition"as defined in OAR 660-023-0200(1),and(2)does not require a building permit. vii. Street vacations. viii. Temporary structures and uses listed in LOC 50.03.005 or which are for relief of victims of disaster or in an emergency. ix. Where an awning is the only change to the facade of an existing building,and the awning is funded or partially funded utilizing a financial incentive grant,provided by or obtained through the authority of the City of Lake Oswego or LORA."Financial incentive"includes a grant,fee waiver,revolving loan,tax abatement,property exchange,or similar financial incentive provided by or secured through the City or LORA. x. Where an awning or canopy covering an outdoor seating area of a restaurant is the only change to the facade of a building,and the canopy/awning is constructed during October 21,2020 through May 31,2021 (COVID-19 exemption window).In such instance,it shall cover no more than 30 percent of the width of any street-facing facade and shall be set back no less than 20 feet from any residential zone.Any lighting under the awning/canopy shall be directed downward and shielded or screened to prevent lighting off- premises areas. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 497/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES b. Development Review i. No development permit pursuant to this Code is required for exempt development. Note:Projects that are exempt from development permit review under this chapter may be subject to requirements in other chapters of Lake Oswego Code. (Ord.2847,Amended,01/04/2022;Ord.2856,Amended,01/19/2021;Ord.2841,Amended,09/01/2020;Ord.2695, Amended,02/16/2016;Ord.2687,Amended,12/15/2015;Ord.2579,Repealed and Replaced,03/20/2012) 13. MINISTERIAL DEVELOPMENT DECISIONS Revised 4/23 a. Ministerial Development Classification i. Requirements of Ministerial Decisions A ministerial development is a development which requires a permit or review from the City where the decision: (1) Is made pursuant to land use standards which do not require interpretation or the exercise of policy or legal judgment; (2) Approves or denies a building permit issued under clear and objective land use standards;or (3) Determines fmal engineering design,construction,operation,maintenance,repair or preservation of a transportation facility which is otherwise authorized by and consistent with the Comprehensive Plan and land use regulations. ii. Ministerial Development Types (1) Exterior modification of single-family detached dwellings(including exterior modifications that reduce setbacks pursuant to LOC 50.04.003.3.c),accessory dwelling units,or middle housing,or modification of an accessory structure in the R-DD zone. (2) Construction or exterior modification of a detached single-family dwelling,accessory dwelling unit, middle housing,or a structure accessory to such structures which: (a) Is not processed through the residential infill design review process pursuant to LOC 50.08.003.2.e; (b) Is not located within a delineated RP resource,RC protection area,or HBA protection area pursuant to LOC 50.05.010,Sensitive Lands Overlay Districts; (c) Does not impact a historic landmark designated pursuant to LOC 50.06.009; (d) Is not located within a Historic District; (e) Does not change the nature of the use or occupancy classification to a use that does not qualify as a permitted use in the zone or as an approved conditional use; (f) Does not require special design review by the zone,design district,prior development approval or Overall Development Plan and Schedule(ODPS)for the development in which the subject property is located;or (g) Is not located in the Greenway Management Overlay District,as identified in LOC 50.05.009. (h) Is not middle housing located in a commercial,industrial or mixed use zone,as identified in LOC 50.02.002.1. (i) Is not middle housing located in a special purpose zone,as identified in LOC 50.02.003. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 498/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (3) Exterior modification of a structure other than a detached single-family dwelling,accessory dwelling unit,middle housing,or structure accessory to such structures which: (a) Does not increase building footprint or height,except if the increase in building height is required to comply with Building or Fire Codes and does not substantially modify any street-facing facade,or the increase in building footprint is 100 sq.ft.or less and does not substantially modify any street- facing facade;or (b) Does not modify,either by itself or cumulatively with prior modifications after December 1, 2011,more than 25%of the facade,as the facade existed on December 1,2011,excluding in both cases a change of color of the facade;or (c) If the property abuts property zoned for residential use,does not modify any portion of the facade visible from the residentially zoned property;or (d) Does not modify any facade,including change of color of facade,for a building that was the subject of a prior development review approval("change of color"occurs when the new color is not within the shades or tones of the approved color);or (e) Does not result in additional illumination of the facade,including accent lighting,for a building that was the subject of a prior development review approval;and (f) Complies with subsections a.ii(2)(a)through(f)of this section. (4) Lot line adjustments that: (a) Do not increase the allowable density on a site;and (b) Do not involve a historic landmark site and are not located in an historic district. (5) Resource enhancement projects in an RP or RC district,or HBA protection area. (6) Passive use recreational facilities within an RC or RP district,or HBA protection area,if such facility would otherwise qualify as a ministerial development. (7) Passive use recreational facilities that require a building permit such as pedestrian bridges, observation decks and handicapped facilities. (8) Construction or alteration of public transportation or utility facilities,and associated development abutting the public right-of-way when designed to address impacts of a transportation project,consistent with the applicable public facility master plan and land use regulations,and is not located in a delineated RP district,RC protection area,or HBA protection area. (9) Mitigation required under LOC 50.05.010.4.f for exempt development or sensitive lands violation mitigation. (10) Building permits for structures approved pursuant to a prior approved major or minor development. (11) Collocated telecommunications facilities. (12) Delineation of an RC or HBA resource boundary. (13) Fill in quantities of ten cubic yards or less when located within the Flood Management Area and outside of the floodway boundary. (14) When located within the floodplain of Oswego Lake,fill in quantities greater than ten cubic yards, provided the fill is associated with development of a single-family dwelling,duplex,zero lot line dwelling, water dependent use,or related accessory structure. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 499/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (15) Change of Use/Parking Effect A change of use from one permitted use to another,including from the use assumed in a development review approval,that increases on-site parking or loading requirements under LOC 50.06.002.2 and: (a) There are sufficient number of parking spaces available(off-street parking,or if in the Downtown Redevelopment Design District,also on-street parking,pursuant to LOC 50.05.004.9.a.vi),applying the reductions permitted in Table 50.06.002-4,Parking Requirement Modifiers,except for reductions permitted by a parking study;or (b) The use of a parking easement to provide some or all of the parking or loading requirements under LOC 50.06.002.2. (16) Developments in parks,on Park and Natural Area(PNA)zoned land,when the development is in accordance with a master plan adopted pursuant to LOC 50.07.004.6.c,including parks within the Greenway Management Overlay District. (17) Landscaping or landscape alterations that are not"exempt development"per LOC 50.07.003.12.a. (No ministerial permit shall be required;City Manager review and approval shall be sufficient for the ministerial decision.) (18) Construction of a residential fence,wall,retaining wall,or a combination thereof,that meets the standards for an exception to LOC 50.06.004.2.b.i(1). (19) Construction of a seasonal restaurant enclosure that: (a) Is set back at least 20 feet from any lot frontage,any lot containing a residential use,public open space,or public access easement,and,if abutting a residential use,must be screened by a sight- obscuring fence or wall not less than six feet in height. (b) Is not more than 400 square feet in area for dining enclosures or 50 square feet in area for an entrance vestibule.If both a dining enclosure and entrance vestibule are proposed,the maximum combined size of both shall not exceed 400 square feet in area;and (c) Does not include any walls over 12 feet in height. (20) Any development that is not"exempt development"per subsection 12.a of this section because the development is located within the flood management area. (21) A variance to the flood management area development standards,residential or nonresidential construction standards(LOC 50.05.011.6.b.iv(1)or(3)),for detached accessory structures used only for functionally dependent uses that are for the parking of vehicles,including boats,and storage at grade if the structure is: (a) In special flood hazard areas(Zones A,AE,AH,AO,and Al-30),not larger than 500 square feet and walls have flood openings in compliance with the requirements of LOC 50.05.011.6.b.iv(6),Flood Openings; (b) Anchored to resist flotation,collapse,and lateral movement; (c) Flood damage-resistant materials used below the LODFE(as defined in LOC 50.05.011.3) comply with the requirements of LOC 50.05.011.7.b; (d) Mechanical,electrical,and utility equipment comply with the requirements of LOC 50.05.011.6.b.v and 7.b; and the variance requirements of LOC 50.05.011.8 are met. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 500/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES [Cross-Reference:LOC 50.05.009,Greenway Management Overlay District.] b. Application Application for a ministerial decision shall be made pursuant to LOC 50.07.003.1,Application. c. Public Notice/Opportunity for Public Comment Ministerial decisions are made without notice or opportunity for appeal. d. Hearing No public hearing is required for a ministerial decision. e. Review and Decision i. Decision-Making Authority Ministerial development applications shall be reviewed and approved by the City Manager. ii. Review Criteria for Ministerial Developments A ministerial development shall comply with the requirements of the zone,including overlay zones,in which the subject lot or parcel is located,the Stormwater Management Code(LOC Article 38.25)and shall comply with the following sections of the development standards: (1) Parking,LOC 50.06.002. (2) Hillside Protection,LOC 50.06.006.2. (3) On-Site Circulation—Driveways and Fire Access Roads,LOC 50.06.003.2. (4) If the ministerial development involves placement of a manufactured home,Manufactured Homes, LOC 50.03.003.1.b. (5) Building Design Standard,LOC 50.06.001.5.b.viii(mechanical equipment screening). (6) Weak Foundation Soils,LOC 50.06.006.1,for construction of structures where the requirements of LOC 50.06.006.1 have not been previously addressed for the development site. (7) Building Design Standard,LOC 50.06.001.2—4,for construction or exterior modification of a detached single-family dwelling,middle housing,or a structure accessory to such structures. f. Appeal Ministerial decisions are made without the opportunity for appeal. [Cross-Reference:LOC 50.05.009,Greenway Management Overlay District.] (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2847,Amended,01/04/2022;Ord.2851, Amended,09/15/2020;Ord.2841,Amended,09/01/2020;Ord.2832,Amended,01/07/2020;Ord.2784,Amended, 07/03/2018;Ord.2753,Amended,11/07/2017;Ord.2732,Amended,02/21/2017;Ord.2695,Amended, 02/16/2016;Ord.2687,Amended,12/15/2015;Ord.2668,Amended,12/01/2015;Ord.2644,Amended, 04/07/2015;Ord.2651,Amended,02/17/2015;Ord.2643,Amended,11/04/2014;Ord.2526,Amended, 12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 501/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES 14. MINOR DEVELOPMENT DECISIONS 0 a. Minor Development Classification i. A minor development is a development which requires a permit from the City that: (1) Requires a more discretionary level of review than a ministerial decision."Minor development"is intended to include decisions defined as"limited land use decisions"pursuant to ORS 197.015(12);or (2) Is reviewed based on Clear and Objective Housing Standards for Approval in LOC 50.06.001.7, Building Design;LOC 50.05.004.13,Downtown Redevelopment Design District;LOC 50.05.006.9,Old Town Neighborhood Design;or LOC 50.05.005.9,West Lake Grove Design District,together with other applicable zoning and development standards. ii. "Minor development"under subsection 14.a.i(1)of this section includes: (1) In the R-DD zone: (a) Construction of new single-family detached dwellings,middle housing dwellings,multi-family dwellings or exterior modification of a structure containing a nonconforming use that requires a building permit. (b) Expansion or reconstruction that results in an expansion of floor area of an existing structure by more than 50%. (c) Any exterior modification of a single-family detached dwelling that reduces setbacks pursuant to LOC 50.08.003.2.a,R-DD Administrative Modification. (2) Construction or exterior modification of a detached single-family structure,middle housing dwelling or a structure accessory to such structures which: (a) Does not qualify as a ministerial decision pursuant to LOC 50.07.003.13.a.ii(1)or(2);or (b) Requires one or more variances. (3) Involves a determination by the City Manager that a use not expressly permitted in the zone may be allowed pursuant to the considerations contained in LOC 50.03.002.1.g,Authorization for Similar Uses. (4) Involves an improvement to an existing school facility that will not increase the capacity of the school facility,generate additional traffic,or generate significant additional noise or other negative impact on the surrounding neighborhood. (5) Construction of a structure other than a detached single-family dwelling,middle housing dwelling or accessory structure,or an exterior modification of such a structure,which does not qualify as a ministerial development pursuant to LOC 50.07.003.13.a.ii(3)or(19). (6) Lot line adjustments that: (a) Increase allowable density on the site;or (b) Involve a historic landmark site or are located in an historic district. (7) Partitions. (8) Subdivisions(with or without a planned development overlay). (9) Review of development phases subject to an ODPS. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 502/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (10) Change of Use or Access/Parking Study A change of use from one permitted use to another,including from the use assumed in a development review approval that: (a) Changes access requirements pursuant to LOC 50.06.003.1,Access/Access Lanes(Flag Lots),or that will result in the construction of private streets,driveways;or (b) Involves the use of a parking study pursuant to LOC 50.06.002. (11) Determining an RC district protection area or HBA protection area pursuant to LOC 50.05.010.5.b, except as required under LOC 50.07.003.15,Major Development Decisions. (12) Construction of a structure described in LOC 50.06.003.4.a.iii,Local Street Connectivity. (13) Fill in the floodway or fill in quantities greater than ten cubic yards when located elsewhere in the Flood Management Area,excluding fill for single-family detached dwellings,duplexes,zero lot line dwellings,water dependent uses,or related accessory structures when the fill is located within the floodplain of Oswego Lake,as provided by LOC 50.05.011,Flood Management Area. (14) Outright permitted residential dwellings or accessory structures in residential zones,other than in the R-DD zone,Downtown Redevelopment Design District,and Lake Grove Village Overlay District, when processed through the residential infill design review process(LOC 50.08.003.2.e). (15) Minor variances,design variances,and major variances(LOC Article 50.08),and flood management area variances(LOC 50.05.011.8). (16) Construction of any public or private road,or major transportation or utility facility within a delineated RP district,RC protection area,or HBA protection area. (17) Permitted uses in the PNA zone that are not listed as exempt in LOC 50.07.003.12 or classified as a ministerial use. (18) Minor changes to minor or major development review permits,pursuant to LOC 50.07.003.11. (19) Delineation of an RP district. (20) Modification of dimensional standards and setbacks pursuant to LOC 50.05.010.4.b(Sensitive Lands),Modifications to Dimensional Standards,Setbacks,and Floor Area of the Underlying Zone,and LOC 50.05.010.6.b.iii,Reduction of RP District. (21) Development within the Greenway Management Overlay District that is not classified as ministerial development. (22) Expansion of an existing parking lot. (23) 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 the existing color(s). (24) Designation or removal of designation of a historic landmark,historic district or contributing resource[LOC 50.06.009.4]. (25) Moving,demolition,or minor or major alteration of a historic landmark or contributing resource [LOC 50.06.009.6]. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 503/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (26) "Demolition"(as defined in OAR 660-023-0200(1))or relocation of a National Register property [LOC 50.06.009.9]. (27) Building paint color change on a historic landmark when the fmdings of fact regarding the historical,architectural,archaeological,or cultural significance of the landmark include building paint color in the landmark's designation. (28) Establishment of a marijuana facility. (29) Reduction to the special street setback as authorized in Table 50.04.002-1. [Cross-Reference:LOC 50.05.009,Greenway Management Overlay District.] [Editor's Note:Ord.2689 bans all marijuana facilities in the City,and the voters approved continuation of the ban on Nov.8, 2016.] b. Application Application for a minor development decision shall be made pursuant to LOC 50.07.003.1,Application. c. Public Notice/Opportunity for Public Comment i. Notice shall be provided pursuant to LOC 50.07.003.3,Public Notice/Opportunity for Public Comment. d. Review and Decision i. Reviewing Authority Except for applications for a minor development in the R-DD zone,downtown redevelopment,LGVCO,and FMU district design variances(LOC 50.08.003.2.a through 50.08.003.2.d),major variances,and appeals of a decision of the City Manager regarding a minor development application,minor development permit applications shall be reviewed and decided by the City Manager.In the alternative,the City Manager may refer a minor development application directly to a hearing body for public hearing and decision pursuant to LOC 50.07.003.4,Hearings. Minor development in the R-DD zone,design variances in the downtown redevelopment,LGVCO,and FMU districts,and major variances shall be reviewed by the Development Review Commission pursuant to LOC 50.07.003.4,Hearings. Designation and removal of designation of landmarks and historic districts;demolition,moving,alteration of a landmark;and demolition and relocation of National Register properties shall be reviewed as provided in LOC 50.01.003.2 and.3. ii. Review Criteria for Minor Developments A minor development shall comply with: (1) The requirements of the zone in which it is located; (2) The development standards applicable to minor developments; (3) Any additional statutory,regulatory or Lake Oswego Code provisions which may be applicable to the specific minor development application,as provided for in this Community Development Code(LOC Chapter 50),Stormwater Management Code(LOC Article 38.25),streets and sidewalks chapter(LOC Chapter 42),and the tree cutting chapter(LOC Chapter 55);and (4) Any applicable condition of approval imposed pursuant to an approved ODPS or prior development permit affecting the subject property. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 504/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES [Cross-Reference:If applicable,see LOC 50.05.009—Greenway Management Overlay District.] iii. Final Decision (1) City Manager Approve,Condition,or Deny Application The City Manager shall make a final decision on a minor development application following expiration of the 14-day comment period.The City Manager shall approve,approve with conditions pursuant to subsection 5 of this section,or deny the application based upon the applicable criteria and the evidence submitted by the applicant and other interested persons during the comment period.Approval or denial of an application shall be accompanied by written findings that explain the criteria and standards considered relevant to the decision,state the facts relied upon in rendering the decision and explain the justification for the decision based on the criteria,standards and facts set forth.The date of the decision for purposes of appeal is the date on which the City Manager signs the written findings. (2) Notice of Final Decision The City Manager shall send notice of a final decision on a minor development application to the applicant,all persons and neighborhood associations entitled to notice of the application pursuant to subsection 3 of this section,Public Notice/Opportunity for Public Comment,and any other persons who submitted comments during the comment period.The notice of decision shall: (a) Include the file number,date of the decision,and the name and address of the applicant; (b) Include an easily understood geographical description of the property and a map,if applicable; (c) Briefly summarize the decision-making process and the decision made; (d) State that a copy of the decision is available for review,and that a copy can be obtained at cost; and (e) State that the decision may be appealed by filing a written request for a hearing before the appropriate hearing body with the City Recorder within 15 calendar days of the date of the final decision.In addition,the notice shall contain the requirements for requesting a hearing pursuant to subsection 3.7.b of this section.The name,address and phone number of the City Recorder shall be included in the notice. e. Appeal The appeal procedures for minor development decisions are provided by subsection 3.7.b of this section,Appeal of a Minor Development Decision. (Ord.2892,Amended,06/07/2022;Ord.2847,Amended,01/04/2022;Ord.2851,Amended,09/15/2020;Ord.2841, Amended,09/01/2020;Ord.2832,Amended,01/07/2020;Ord.2784,Amended,07/03/2018;Ord.2768,Amended, 01/16/2018;Ord.2732,Amended,02/21/2017;Ord.2723,Amended,10/18/2016;Ord.2713,Amended, 09/20/2016;Ord.2695,Amended,02/16/2016;Ord.2687,Amended,12/15/2015;Ord.2668,Amended, 12/01/2015;Ord.2644,Amended,04/07/2015;Ord.2651,Amended,02/17/2015;Ord.2612-A,Amended, 05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 15. MAJOR DEVELOPMENT DECISIONS a. Major Development Classification i. A major development is a development which requires a permit from the City involving the greatest level of review. ii. "Major development"includes: (1) Conditional uses; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 505/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (2) Any development defined as major development pursuant to this section which is proposed to be phased pursuant to adoption of an Overall Development Plan and Schedule(ODPS);and (3) Any development which requires a quasi-judicial Comprehensive Plan and/or zoning map amendment. iii. A major development is subject to public notice,hearing and opportunity for appeal as described in this section. [Editor's Note:Rezone of a parcel is not a"development"and hence is not a major development,but is to be processed as a major development.Also see LOC 50.05.009—Greenway Management Overlay District] b. Application Application for a major development decision shall be made pursuant to LOC 50.07.003.1,Application.The following additional requirements shall be applicable to applications for major development: i. Applicant's Evidence All documents or evidence relied on by the applicant for a development shall be submitted to the City and be available for inspection by the public at no cost. ii. Staff Report The City Manager shall prepare a staff report on the application.The staff report shall contain an analysis of the applicable criteria and the evidence in the record.Based upon this review,the City Manager shall recommend approval,approval with conditions,denial,or continuance of the application.The staff report shall be completed and shall be available for public inspection at no cost at least ten days prior to the date of the public hearing. c. Public Notice/Opportunity for Public Comment Notice shall be provided pursuant to LOC 50.07.003.3,Public Notice/Opportunity for Public Comment. d. Review and Decision i. Decision-Making Authority Major developments are reviewed by a hearing body. ii. Review Criteria for Major Developments (1) Major Development Other Than Rezoning to FMU in the Foothills Special District Plan Area. A major development shall comply with: (a) Any applicable regulatory policies of the Lake Oswego Comprehensive Plan; (b) The requirements of the zone in which it is located; (c) The development standards applicable to major developments; (d) Any additional statutory or Lake Oswego Code provisions which may be applicable to the specific major development application,such as the variance provisions,Stormwater Management Code(LOC Article 38.25),the streets and sidewalks chapter(LOC Chapter 42),and the tree cutting chapter(LOC Chapter 55);and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 506/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (e) Any conditions of approval imposed as part of an approved ODPS or prior development permit affecting the subject property. (2) Rezoning to FMU in the Foothills Special District Plan Area.Rezoning within the Foothills Special District Plan to the FMU zone shall comply with the following: (a) The property is designated FMU on the Comprehensive Plan. (b) The proposed development is in substantial conformance with the conceptual lot and street pattern of the Foothills Special District Plan Chapter of the Comprehensive Plan. (c) The owner of the property has executed(or will execute as a condition of the rezone)a development agreement with either the City or LORA for a proposed development on the property that is consistent with the Goals and Policies of the Foothills Special District Plan,including street and other public right-of-way improvements. (d) The proposed development,including any street improvements,will not result in other properties within the Foothills Special District Plan Area becoming functionally inaccessible or otherwise rendered unviable. e. Appeal Major development determinations are subject to appeal as provided by LOC 50.07.003.7.c,Filing an Appeal of a Hearing Body Decision. (Ord.2695,Amended,02/16/2016;Ord.2599,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 16. LEGISLATIVE DECISIONS Revised 4/23 a. Legislative Decisions Defined i. A"legislative decision"is an amendment to the policies,procedures,standards,criteria or map designations of the Comprehensive Plan,and this Community Development Code,unless such amendment applies to a small number of identified properties only or is required to effect a particular development permit application. ii. An amendment to the policies,procedures,standards,criteria or map designations of the Comprehensive Plan or this Community Development Code which is not a"legislative decision"as defined in subsection 16.a.i of this section shall be considered"quasi-judicial"and shall be processed as a major development. b. Criteria for a Legislative Decision A legislative decision is generally a policy decision which is up to the discretion of the City Council,but shall: i. Comply with any applicable state law; ii. Comply with any applicable statewide planning goal or administrative rule adopted pursuant to ORS Chapter 197;and iii. In the case of a legislative amendment to this Community Development Code,comply with any applicable provision of the Lake Oswego Comprehensive Plan. c. Required Notice to DLCD i. Except as provided by subsections 16.c.ii and iii of this section,any proposed amendment or addition to the City's acknowledged Comprehensive Plan or land use regulations shall be forwarded to the Director of the Oregon Department of Land Conservation and Development(DLCD)as required by OAR 660-018-0020 before the first evidentiary hearing on adoption.The City shall include the text of the proposed amendment and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 507/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES any supplemental information that the City believes is necessary to inform the Director as to the effect of the proposal.The notice shall include the date set for the first evidentiary hearing. ii. Advance notice to the Director of DLCD is not required when the City determines that the statewide planning goals do not apply to the proposed amendment or new regulation. iii. The City may submit the proposed amendment or new regulation with less than the required notice by OAR 660-018-0020 where the City determines an emergency exists requiring expedited review. iv. Not later than 20 days following a final decision pursuant to subsections 16.c.i through iii of this section, the City shall provide a copy of the adopted text and the findings to the Director of DLCD.If the text of the amendment as adopted differs substantially from that sent to the Director of DLCD pursuant to subsection 16.c.i of this section,the City Manager shall note the changes that have been made in the notice to the Director of DLCD.If the text and findings are mailed,they shall include a signed statement by the person mailing them indicating the date of deposit in the mail. [Cross-Reference:See also ORS 227.186(individual property owner mailed notice at least 20 days prior to first evidentiary hearing)if legislative change"changes the base zone"or"limits or prohibits land uses previously allowed in the affected zone."] d. Planning Commission Recommendation Required i. Except in cases where a legislative amendment is mandated by state statute,a legislative decision shall be referred to the Planning Commission for review and recommendation.In cases where a legislative amendment is mandated by state statute,referral to the Planning Commission for review and recommendation is not required.If an amendment is not referred to the Planning Commission for review and recommendation,a copy of the proposed amendment shall be sent to the Planning Commission,along with notice of the City Council's hearing on the proposed amendment.In cases where part of a proposed amendment is mandated by state statute but part is not,the legislative decision shall be referred to the Planning Commission for review and recommendation pursuant to this section. ii. The Planning Commission shall hold at least one public hearing on the proposed legislative decision. iii. Notice Notice of a Planning Commission hearing on a legislative decision shall be published pursuant to LOC 50.07.003.3.d,Notice for Legislative Hearing. iv. Conduct of the Hearing The Chair of the Planning Commission shall follow the following procedures when conducting a legislative decision hearing: (1) The Chair shall briefly explain the nature of the legislative decision. (2) The Chair shall call for the staff report.The staff shall explain the applicable criteria,if any,and the reasons for the proposed legislative amendment. (3) The Chair shall open the public hearing and take testimony or evidence presented.Any person may appear and be heard. (4) The Chair shall close the public hearing and return the matter to the table for deliberation and decision.The hearing body may ask questions of staff or any member of the public during deliberations. v. Time Limits on Testimony The following time limits on testimony shall be observed,subject to the right of the Chair,with Planning Commission consent,to modify or waive the time limits:five minutes each for individuals and ten minutes each for recognized neighborhood organizations,homeowners associations,government or governmental The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 508/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES agency or other incorporated public interest organizations.The time limits shall not include time taken up by questions and response from the Planning Commission.Any person in attendance may cede their time for testimony to another person,but in no case shall any person's testimony be increased to greater than ten minutes. vi. Recommendation of Planning Commission (1) The Planning Commission shall make a preliminary decision recommending enactment,enactment with modifications,or rejection of the proposed amendment.Within a reasonable time after making its preliminary decision,the Planning Commission shall adopt an order setting forth its recommendation and explaining the reasons for its decision. (2) A fmal recommendation of the Planning Commission shall be forwarded to the Council for review. e. City Council Review and Decision The City Council shall hold at least one public hearing on the proposed legislative decision. i. Notice Notice of a City Council hearing on a legislative decision shall be published pursuant to LOC 50.07.003.3.d, Notice for Legislative Hearing.Notice shall also be mailed at least ten days in advance to the Committee for Citizen Involvement,to all recognized Neighborhood Associations and to all persons who appeared either orally or in writing at the Planning Commission hearing.The notice shall include: (1) The time,date and place of the public hearing; (2) A brief description of the proposed legislative amendment;and (3) A phone number for obtaining additional information. ii. Conduct of the Hearing The Mayor shall follow the same procedures identified for the Planning Commission hearing in LOC 50.07.003.16.d.iv,Conduct of the Hearing,when conducting a legislative decision hearing. iii. Time Limits on Testimony The following time limits on testimony identified for the Planning Commission in LOC 50.07.003.4.b shall be observed in the City Council hearing. iv. Decision (1) The Council may approve,reject or modify the proposed amendment in whole or in part.Within a reasonable time after making its preliminary decision,the Council shall adopt findings setting forth its decision and explaining the reasons for such decision.The legislative decision shall be enacted by ordinance.The ordinance adoption procedures of the Lake Oswego Charter shall be followed. (2) The legislative decision shall become fmal for purposes of appeal on the date of enactment of the ordinance pursuant to the Lake Oswego Charter. (3) On the same day that the text and fmdings are mailed or delivered,pursuant to subsections 16.c.i through iii of this section,the City shall also mail notice of the decision to all persons who participated in the hearings leading up to the decision who have filed a written request for notice of the fmal decision with the City Recorder.The notice shall: (a) Briefly describe the decision; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 509/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (b) State the date of the decision; (c) If delivered by mail,include a certificate of mailing containing a statement signed by the person mailing it indicating the date the notice was deposited in the mail; (d) State the date,time and place where the decision,including the text and the fmdings,may be reviewed;and (e) Explain the requirements for appeal of the decision pursuant to ORS 197.830 to 197.845. f. Effective Date of Legislative Decision i. A legislative decision becomes effective on the thirtieth day from the date of enactment of the ordinance,or immediately if adopted by emergency,pursuant to the Lake Oswego Charter,unless a stay of application is granted by LUBA pursuant to ORS 197.845. ii. A decision on an application subject to a legislative amendment that is effective pursuant to subsection 16.f.i of this section,but which has not been acknowledged pursuant to ORS 197.610 to 197.650,shall include fmdings of compliance with those statewide land use planning goals applicable to the legislative amendment. The issuance of a permit under an effective but unacknowledged comprehensive plan or land use regulation shall not be relied on to justify retention of improvements so permitted if the comprehensive plan or land use regulation does not gain acknowledgment. (Ord.2909,Amended,02/07/2023;Ord.2668,Amended,12/01/2015;Ord.2643,Amended,11/04/2014;Ord.2579, Repealed and Replaced,03/20/2012) 17. EXPIRATION OF DEVELOPMENT PERMIT a. Except as otherwise provided in LOC 50.07.005(5),50.07.007(3),50.07.007(4)(f),another provision of this Code,or as specifically stated as a condition of approval of a development permit,any permit issued under this Code shall expire three years following the final decision and effective date of any order constituting or approving the development permit unless: i. If development involves construction of a structure,at least 15%of the structural construction has occurred within three years of the date of fmal decision.For major public facilities,the three-year limitation does not apply to a conditional use permit(or modification)and a development review permit(or modification)is subject to a five-year deadline;and ii. Development authorized by the permit is commenced and work has reasonably continued to completion of the development. If the permit does not involve physical construction or development on the site(e.g.,lot line adjustments and resource delineations)the document fmalizing the approved development action must be filed,recorded or such other action as provided in the approval or as required by law to give effect to the approval(e.g.,recording the approved adjustment or delineation survey)within the three-year period.If not,the approval expires. b. Upon expiration,no further work on the development or use authorized by the development permit may be undertaken without obtaining a new development permit. c. The City Manager shall,in writing grant,a one-year extension to a development permit where the request for the extension is made by written application prior to the expiration of the three-year period. d. If the City Manager believes that work on the development has ceased prior to completion,or has otherwise been abandoned,the City Manager may,at any time,require the applicant to demonstrate that the applicant is proceeding with efforts to commence or to continue the development. (Ord.2853,Amended,11/03/2020;Ord.2832,Amended,01/07/2020;Ord.2579,Repealed and Replaced, 03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 510/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES 50.07.004 ADDITIONAL SUBMISSION REQUIREMENTS Revised 4/23 This section contains submission and review criteria for the procedures listed below.Where review criteria are important for an understanding of the substantive requirements of a section or limited in size they have been maintained with the substantive provisions. 1. STORMWATER MANAGEMENT STANDARDS The applicant shall submit information as required by the City Manager pursuant to LOC 38.25.120(see Stormwater Management Manual)for all development where: a. Greater than or equal to 1,000 sq.ft.of impervious surface is created; b. The sum of impervious surface created and/or replaced is greater than or equal to 3,000 sq.ft.;or c. Greater than or equal to 3,000 sq.ft.of existing impervious surface is repaired and/or maintained in a manner that results in an additional off-site hydrologic impact. [Cross-Reference:See City Engineer's Surface Water Management Design Manual.] (Ord.2695,Amended,02/16/2016;Ord.2579,Repealed and Replaced,03/20/2012) 2. [RESERVED] (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 3. HILLSIDE PROTECTION Revised 4/23 a. Submission Requirements For all applicable development or construction,the applicant shall submit the following: i. Survey Required (1) Development Types (a) All development proposed on land with existing undisturbed slopes greater than 20%; (b) All major development permit applications; (c) A survey may be required for a minor development permit if the City Manager determines that the information is needed to know whether the standard is being met. (2) Contents The survey shall be used to provide accurate topographic information for site and building designs which will minimize disturbance or removal of soils during construction and shall show: (a) Specific contours, (b) Location and types of trees, (c) Soils, (d) Rock outcroppings or surface rock,and (e) Drainage ways. ii. Grading Plan Required For all development proposed on land with undisturbed slopes greater than 20%,a specific grading plan shall be provided and approved which shows all proposed changes in natural terrain,including the following: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 511/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (1) Site contours at one ft.intervals. (2) Location of existing structures and buildings,including those within 100 ft.of the development site on adjacent property. (3) Limiting dimensions or finish contours of proposed grading,including all cut and fill slopes, proposed drainage and related structures or construction. (4) Description of all methods to be employed in disposing of soils or other materials to be removed, including location of disposal site. (5) All proposed cuts,fills or retaining walls shall be shown on development applications. iii. Removal of Vegetation All development applications shall show areas where grubbing,clearing or removal of vegetation is to occur, and shall describe provisions to protect soils during construction in accordance with LOC Chapter 52,Erosion Control. iv. Potential Severe Erosion of Landslide Hazard Areas Where development is to occur on a potential severe erosion or landslide hazard area,a report evaluating soil conditions and potential hazards shall be submitted to the City Manager. The report shall be prepared by a registered geotechnical engineer or engineering geologist and shall contain the following: (1) Evidence that a field investigation was made to determine the actual hazard. (2) Statements regarding the exact nature and extent of the hazard. (3) Recommendations on site preparation and construction methods to minimize the effects of the hazard. (4) If erosion hazard exists,a specific erosion control plan to be approved by the City Manager,in accordance with LOC Chapter 52,Erosion Control. (5) A description of any hazard area which should not be disturbed by construction. (6) If landslide hazard exists,a statement as to whether or not a proposed development constructed in accordance with the recommended methods is reasonably likely to be safe and to prevent landslide or damage to other property. (Ord.2909,Amended,02/07/2023;Ord.2579,Repealed and Replaced,03/20/2012) 4. HISTORIC PRESERVATION a. Process to Initiate Historic Review i. Designating or Removing a Designation of a Landmark or Contributing Resource The City Council,Historic Resources Advisory Board(HRAB),property owner,City Manager,or their authorized representative may initiate the following processes: (1) Designating a landmark or a contributing resource; (2) Removing a landmark or contributing resource designation. ii. Creating or Modifying a Historic District The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 512/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES The City Manager shall make available information regarding the benefits and restrictions of a designation to all the property owners within the proposed Historic District boundaries. The City Council,HRAB,or owners of not less than one-third of the privately owned property in the area sought to be designated may initiate the creation or modification of a historic district.If there is multiple ownership in a parcel of land,the vote of the property shall be determined by the majority ownership of the parcel. In the case of a boundary modification: (1) If adding area to the Historic District:the properties within the area to be added shall be counted. (2) If subtracting area from the Historic District:all properties within the Historic District shall be counted. iii. Demolishing or Moving a Landmark or Contributing Resource (1) The process for demolishing or moving a landmark or contributing resource may be initiated only by the property owner or their authorized representative. (2) At least 120 days prior to submittal of the application,the applicant shall prepare and submit a plan for preservation of the landmark.One or more pre-application conferences shall be scheduled to allow the applicant and staff to discuss the proposal,the preservation plan requirements and the applicable criteria. The preservation plan may be submitted to the City after seven days following the pre-application conference. (3) Preservation Plan The preservation plan shall include a narrative describing how the applicant will accomplish all of the following: (a) The applicant or the applicant's agent shall advertise the resource in local,regional and historic preservation newspapers of general circulation in the area once per week during the pre-application period and shall provide evidence of such advertising. (b) Give public notice by posting the hearing notice on site in addition to a"For Sale"sign which shall read:HISTORIC BUILDING TO BE MOVED OR DEMOLISHED—FOR SALE.The sign shall also state the City department and telephone number to call for further information.The sign shall be provided by the City and be posted in a prominent and conspicuous place within ten ft.of each abutting public right-of-way on which the resource is located.The applicant is responsible for assuring that the sign is posted for the entire pre-application period. (c) Prepare and make available information related to the history and sale of the property to all who inquire. (d) Provide information regarding the proposed use for the landmark site. (e) Keep a record of the parties who have expressed an interest in purchasing and/or relocating the structure.To ensure that an adequate effort has been made to secure a relocation site within the district, the applicant shall provide a list of property locations and owners who were contacted regarding purchase of a relocation site. (4) Media Release Following receipt of the preservation plan,the City Manager shall issue a media release to local and state newspapers of general circulation in the City.The media release shall include,but not be limited to,a description of the significance of the landmark,the reasons for the proposed demolition or removal,and possible options for preserving the landmark. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 513/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (5) Postponement of Decision on Demolition of Landmark The Board may postpone up to 60 days making a final decision to approve,or approve with conditions,a request to demolish a landmark if it meets the criteria in LOC 50.06.009.6.b.i(2),ESEE analysis,or(3) hardship.The postponement period may be invoked if the Board fmds that: (a) There is a program or project underway that could result in preservation of the landmark;or (b) There is substantial evidence that a program or project will soon be underway and will successfully preserve the landmark. (6) Issuance of Moving or Demolition Permit A moving or demolition permit for a landmark found to comply with LOC 50.06.009.6.a.i or LOC 50.06.009.6.b.i(2)or(3)shall not be issued until all development permit applications for the new use or development have been approved by the City. (7) Demolition of Unsafe Buildings This section shall not be construed to make it unlawful for any person,without prior approval of the Board,to comply with an order by the City Manager or other competent authority to remove or demolish any landmark determined to be dangerous to life,health,or property. b. Moving or Demolition of a Contributing Resource i. If the application is based upon compliance with LOC 50.06.009.6.e.ii,the following actions must be commenced at least 90 days before an application can be approved: (1) Contact the City Manager. (2) Continuously post a"For Sale"sign on the contributing resource site which shall read:"Contributing Historic Resource to be moved or demolished—For Sale,"with property owner and City contact information also included.The sign will be provided by the City and shall be posted in a prominent and conspicuous place within ten ft.of each abutting right-of-way. (3) The applicant or the applicant's agent shall advertise the resource in local and state newspapers of general circulation in the area once per week for 90 days and shall provide evidence of such advertising. (4) To ensure that an adequate effort has been made to secure a relocation site within the district,the applicant shall provide a list of property locations and owners who were contacted regarding purchase of a relocation site. c. Casualty Destruction of a Historic Resource A historic resource damaged or destroyed by unintentional means to the extent that the cost of rebuilding damaged portions would exceed 50%of the replacement value of the entire historic resource may be removed from the Landmark Designation List by requesting such action of the City Manager and providing such proof as is necessary to establish that the requirements of this section are met. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 5. LOCAL STREET CONNECTIVITY a. Submission Requirements For all applicable development or construction,the applicant shall submit: i. Proof of notification of a circulation analysis pursuant to this subsection and subsection 5.a.ii of this section,to all property owners within 530 ft.of the boundaries of the parcel on which a development or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 514/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES construction is proposed,if any future streets or accessways are proposed beyond the boundaries of the subject parcel.Notification shall be in a form substantially similar to the example provided by the City.Notification shall be sent to the applicant and the owners of record on the most recent property tax assessment roll as stated above,in the manner required in LOC 50.07.003.3.c,Notice for Initial Public Hearing for Minor and Major Development. ii. A circulation analysis,which includes a scaled site plan showing at a minimum: (1) The subject site and the entirety of all properties within 530 ft.of the parcel on which the development or construction is proposed; (2) A scaled site plan showing existing and proposed topography with contour intervals not more than five ft.; (3) Drainage features,floodplains,and existing natural resource areas and significant vegetation; (4) The name,location,right-of-way,pattern and grades of all existing and approved streets bikeways and pedestrian ways; (5) Proposed streets and bike or pedestrian facilities identified in the Transportation Improvement Program in the Comprehensive Plan or applicable neighborhood plans; (6) All permanent structures; (7) Property lines; (8) Bus lines or activity centers,such as schools,shopping or parks,within one-quarter mile(1,320 ft.) of the site;and (9) All streets and residential accessways proposed by the applicant,containing sufficient dimensions, spot elevations,existing structures and land features on the subject site and abutting parcels,to demonstrate compliance with this standard. The circulation analysis shall graphically and textually illustrate how the proposed development or construction complies with this standard.The applicant must illustrate how proposed streets and residential accessways will provide connections to surrounding properties within 530 ft.of the subject site or to the nearest through street pairs,whichever is closer,in compliance with this standard. (Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 6. PARKS AND NATURAL AREAS MASTER PLAN a. Master Plan Elements At a minimum,a master plan shall include the plan elements and public involvement processes as follows: i. Plan Elements (1) Plan vision or goals; (2) Design program,including statement of character,proposed uses,and size of facilities; (3) A site plan,including general circulation patterns and approximate access points,methods of public services,and general placement of structures and type of uses; (4) A site inventory and environmental analysis; (5) Identification of opportunities and constraints; (6) A site master plan,including provisions for protecting natural resources,where applicable;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 515/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (7) Construction estimating and phasing plan. ii. Public Involvement Elements (1) Development of the master plan through a committee approved by the City of Lake Oswego. (2) Public meetings to address the following items: (a) Project introduction; (b) Discussion of site analysis,opportunities,and constraints;and (c) Discussion of design alternatives and selection of a preferred alternative. (3) A study session has been held where members of affected boards and commissions have been invited to review the proposal. b. Master Plan Procedure The review of a master plan shall be subject to the following procedure below: i. The public hearing notice shall follow the same requirements in LOC 50.07.003.3.c,Notice for Public Hearing. ii. The Planning Commission shall hold a public hearing to review the master plan application and the Commission shall forward a recommendation to the City Council whether or not a proposed master plan satisfies the criteria below. iii. The City Council shall hold a public hearing to consider the hearing body's recommendations and make the fmal decision based on the criteria below. c. Master Plan Criteria A master plan presented to the City Council shall be approved if it complies with the following criteria: i. The master plan satisfies applicable regulatory policies of the City Comprehensive Plan; ii. The characteristics of the site are suitable for the proposed use considering size,shape,location, topography,existence of improvements and natural features; iii. The improvements and uses proposed for the site are capable of being served by the existing or planned transportation systems,public facilities and services; iv. The proposed uses will not alter the character of the surrounding area in a manner which substantially limits,impairs or precludes the use of surrounding properties as allowed by the respective underlying zone; v. A master plan shall include an analysis of the projected average daily vehicle trips to be generated by the proposed uses to be authorized under the master plan and their distribution pattern,and the impact of the traffic on the capacity of the street system which would serve the uses;and vi. The allowed development will be compatible or can be made compatible with the surrounding neighborhood to the extent practicable. d. Master Plan Conditions of Approval In reviewing the master plan,conditions may be imposed that are suitable and necessary to assure compliance with the criteria in this section.These conditions may include,but are not limited to: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 516/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. Limiting the manner in which the uses are conducted,by restricting the time an activity may take place and by minimizing such environmental effects as noise,vibration,air pollution,glare and odor; ii. Establishing a special yard,setback,lot area or other lot dimensions; iii. Limiting the height,size or location of a building or other structure; iv. Designating the size,number,location and design of vehicle access points; v. Increasing roadway widths,requiring street dedication,and/or requiring street; vi. Designating the size,location,screening,drainage,surfacing or other improvement of a parking area or truck loading area; vii. Limiting or otherwise designating the number,size,location,height and lighting of signs; viii. Limiting the location and intensity of outdoor lighting,including any shielding necessary; ix. Requiring berming,screening or landscaping and designating standards for its installation and maintenance; x. Designating the size,height,location and materials for fences; xi. Protecting and preserving existing trees,soils,vegetation,water resources,wildlife habitat or other significant natural resources;and xii. On-and off-site public improvements including,but not limited to,stormwater and transportation. e. Master Plan Modification i. Unless otherwise established through the master plan,modification of an approved master plan shall comply with LOC 50.07.004.6.a and 50.07.004.6.c as applicable to the modification. ii. Minor modifications of the master plan may be approved by the City Manager;provided,that such change: (1) Meets all requirements of the development standards and other legal requirements;and (2) Does not significantly affect other property or uses,nor significantly affect any public facility;and (3) Does not affect any condition specifically placed on the development by action of the hearing body or City Council. iii. Modifications of the master plan that are not minor modifications shall be processed in the same manner as a master plan(LOC 50.07.004.6.b). (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 7. PARK AND OPEN SPACE CONTRIBUTION a. Application Development applications shall include a scaled plan which identifies the site's proposed open space. b. Identification on Plat or Development Plan Open space land shall be clearly and accurately depicted on the final plat map or development plan and documented in the development permit record.If not dedicated by plat and the land is to be in public control,the conveyance shall be by document acceptable in form to the City Attorney. c. Priority Open Space Areas The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 517/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Lands shall be selected by the City for reservation as open space areas in accordance with the following priorities: i. Delineated RP resources; ii. RC district protection areas; iii. Proposed public open space including intra-city bike/pedestrian pathways; iv. Woodlands,tree groves,including HBA protection areas; v. Specimen trees; vi. Natural meadows; vii. Topographic variations,such as rock outcrops,cliffs,extreme slopes,riverbanks; viii. Conveniently located areas where recreation opportunities can be created.Examples include trails,nature study sites,picnic areas,or view points; ix. Scenic views and vistas;or x. Others. d. Review and Decision i. The decision on whether land is acceptable by the public for control and maintenance for open space purposes is to be made by the City Manager at the City Manager's discretion.Formal acceptance of open space lands shall be by City Council resolution.Lands may be approved by the City to be counted toward meeting the open space requirement that are not acceptable to the City for public control and maintenance. ii. Final approval of open space boundaries shall be made by the hearing body at the time of the public hearing on the development proposal. e. Granting of Partial Rights to Open Space Lands Up to 100%of the open space requirements may be met by the granting of partial rights or reservations,such as: i. Scenic or view easements or cross easements,or ii. Imposition of deed restrictions such as tree cutting restrictions in yards or special setback requirements. (Ord.2687,Amended,12/15/2015;Ord.2579,Repealed and Replaced,03/20/2012) 8. SENSITIVE LANDS DESIGNATIONS,MAP CORRECTIONS AND DELINEATIONS 0 a. Criteria for Designating Property within an Overlay District i. Goal 5 Analysis Required In order to add a resource(RP or RC district,or HBA)overlay to the Comprehensive Plan Map and Zoning Map,designating a new property or a new group of properties RP,RC,or HBA,the reviewing body shall find that the resource on the site or sites has been ranked and evaluated through an Economic,Social, Environmental,and Energy(ESEE)Process Analysis in compliance with Statewide Land Use Planning Goal 5 and merits a Resource Protection(RP)and/or Resource Conservation(RC),or qualifies for Habitat Benefit Areas(HBA)designation. ii. Procedure The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 518/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES An RP,RC,or HBA designation may be applied,modified or removed pursuant to either a City or area-wide Goal 5 analysis or a Goals analysis of a single property or small number of individual properties.A City-wide or area-wide analysis shall be processed as a legislative Comprehensive Plan Map and Zoning Map amendment pursuant to LOC 50.07.003.16.a.i,and an analysis affecting a single property or small number of individual properties shall be processed as a quasi-judicial Comprehensive Plan Map and Zoning Map amendment pursuant to LOC 50.07.003.16.a.ii. iii. Designation of Resources (1) Submission of Application Within 90 days of receiving evidence that a previously unmapped resource is likely to meet the criteria for resource designation,the City Manager shall submit an application for designation of resource to the reviewing authority pursuant to subsection 8.a.ii of this section. (2) Criteria The reviewing authority shall adopt a Comprehensive Plan Map and Zoning Map amendment to add the resource to the Sensitive Lands Map,and designate the RP district,RC,or HBA overlay district,as applicable,if the reviewing authority finds that the proposed resources are"significant resources,"by meeting the requirements of either subsection 8.a.v of this section(stream or wetland)or subsection 8.a.vi of this section(tree grove),and if an ESEE analysis shows that the resources are required to be protected. iv. Methodologies The methodologies for determining whether or not the criteria for designation of a resource has been met shall be the following: (1) Lake Oswego ESEE Analysis Methodology to Be Utilized The City shall use the following methods to determine: (a) Tree grove:The Wildlife Habitat Assessment Score(HAS);or (b) Stream corridors and wetlands:The Oregon Freshwater Wetland Assessment Methodology developed in the City of Lake Oswego Resource Areas Report and ESEE Process Analysis for evaluation and comparison of inventoried sites pursuant to Statewide Land Use Planning Goal 5.The HAS is a numerical ranking applied in an ESEE inventory which represents the relative wildlife values of a given natural resource site.Six features are evaluated to determine the total Wildlife Habitat Assessment Score:Water;Food;Cover;Disturbance;Linkage;Unique Features.In addition,the City shall consider the scenic value of the resource pursuant to the methodology established in the ESEE analysis.See Lake Oswego Resource Areas Report and ESEE analysis dated April 1,1997,as revised on July 15,1997,on file with the Lake Oswego Community Planning and Building Services Department. (2) Oregon Freshwater Wetland Assessment Methodology The City shall utilize the then current Oregon Freshwater Wetland Assessment Methodology,as adopted by the Oregon Department of State Lands,to evaluate wetland sites with respect to water quality and hydrologic control functions. v. Applicability of RP Overlay District The Resource Protection(RP)overlay district shall protect environmentally significant stream corridors and wetlands.Nonjurisdictional irrigation ditches and nonjurisdictional roadside and railway ditches,as defined by the Oregon Department of State Lands,shall not be placed within the RP district.The following resources may be placed within the RP district: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 519/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (1) Stream corridors and wetlands that have a HAS ranking of 50 or more(defined as"Class I"stream corridors and wetlands). (2) Stream corridors and wetlands that have a HAS ranking of 35 to 49 or have a"high"ranking for scenic values(defined as"Class II"stream corridors and wetlands). (3) Wetlands that are significant under Oregon Freshwater Wetland Assessment Methodology (OFWAM)guidelines,including: (a) Wetlands fed by surface flows,sheet flows or precipitation,that have evidence of flooding during the growing season,and have 60%or greater vegetated cover,and are over one-half acre in size;or other wetlands that qualify as having"intact water quality function"under the OFWAM guidelines;or (b) Wetlands in the Flood Management Area,that have evidence of flooding during the growing season,and are five acres or more in size,and have a restricted outlet or no outlet;or other wetlands that qualify as having"intact hydrologic control function"under the OFWAM guidelines;or (c) Wetlands where at least a portion of the resource is within a horizontal distance of less than one- fourth mile from a water body which meets the Department of Environmental Quality definition of "water quality limited water body"in OAR Chapter 340,Division 41. (4) All perennial streams. vi. Applicability of RC and HBA Overlay Districts (1) The Resource Conservation(RC)overlay district shall protect significant tree groves on public open spaces,private designated open space tracts,or on properties brought into the Urban Growth Boundary after December 28,2005. (2) The Habitat Benefit Area(HBA)overlay district is an incentive program for tree grove conservation on private properties located within the Urban Growth Boundary as of December 28,2005. (3) Quality of tree grove: (a) Has a HAS ranking of at least 35;or (b) Has a"high"ranking for scenic values in the study;or (c) Is associated with a stream corridor or wetland that has an RP ranking. b. Map Corrections A map correction may be initiated by the City Manager or the owner of any lot containing an RC or RP district. i. Within 45 days of receiving a property owner request regarding a possible error in the existence or location of an RC or RP district,the City Manager shall advise the affected property owner(s)in writing of the applicable procedure to process the request. ii. Where the map correction is initiated by the City Manager,the City Manager shall notify the property owner(s)in writing of the proposed corrective action. Hi. Based on information provided by the property owner,as applicable,and such maps,aerial photographs, prior resource delineations,and studies or reports prepared by qualified professionals,etc.,the City Manager shall select the applicable review procedure,which shall be: (a) Ministerial Development Decision,for corrections to scrivener's errors.The Sensitive Lands Map shall be updated with each correction; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 520/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (b) Minor Development Decision,for map corrections other than scrivener's errors;or (c) Legislative Decision,for map corrections affecting more than a small number of identified properties. iv. The reviewing authority shall approve a map correction,including the removal or re-delineation of a resource,as applicable,where the applicant demonstrates one of the following is met: (a) That the inventoried resource no longer exists because it was lawfully filled,culverted,logged,or developed; (b) The boundaries of the resource have changed since adoption of the resource inventory; (c) There was a mistake in the analysis used in the designation of the resource and it does not meet the criteria for designation under subsection 8.a of this section,and a re-application of the ESEE analysis demonstrates that the designation is no longer justified; (d) There was a mistake in the location,size,or configuration of the designation,including instances where no portion of the resource is on the subject lot;or (e) The tree grove is an isolated tree grove not located on public open space,on a private designated open space tract,or on property brought into the Urban Growth Boundary after July 10,2012,and removing the RC district complies with Metro Code Section 3.07.1330(A)(2). v. A map correction shall not be approved as a result of damage caused by the property owner,another party, or other than natural causes. [Cross-Reference:See Ord.2658,Finding#3(map correction procedure not to be used by City to designate new RC/RP districts or to add properties to existing RC/RP districts.] c. Environmental Review An applicant for a development subject to LOC 50.05.010.2 shall comply with: i. For exempt development under LOC 50.07.003.12 occurring within an RC or RP district or its associated construction setback,or within an HBA protection area,the applicant shall: (1) Comply with the applicable development standards for RP and RC districts,and HBA protection areas(LOC 50.05.010.5.c or 50.05.010.6.c),as applicable; (2) Comply with the construction standards(LOC 50.05.010.4.d)to the satisfaction of the City Manager; (3) Meet the steps of avoidance and minimization as stated in LOC 50.05.010.4.f;and (4) File a mitigation plan that complies with the standards of LOC 50.05.010.4.g for the review and approval of the City Manager. ii. For development other than subsection 8.c.i of this section,the environmental review requirements in LOC 50.07.004.8.d,50.05.010.4.b and 50.05.010.4.c,50.05.010.5.b and 50.05.010.5.c(for RC districts and HBA protection areas),50.05.010.6.b through 50.05.010.6.d(for RP zones)or 50.05.010.6.e(Special Standards for the Oswego Canal),whichever sections are applicable. d. Delineation of Streams,Wetlands,and Tree Groves i. Preparation/Criteria Except as provided in subsection 8.d.iv of this section,an applicant for a development subject to environmental review shall first delineate the stream,wetland,or tree grove.A delineation is a more precise,site specific determination of the location of the tree grove or water resource prepared by a qualified professional.The The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 521/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES delineation shall include a map showing the delineated boundary to plus or minus two ft.The delineation map shall also show the protected riparian area if required for the particular resource.Resource boundaries shall be delineated as follows: (1) Tree Groves The RC district or HBA district,as applicable,shall be delineated as follows: The boundary of a tree grove shall be measured at the outer edge of a contiguous tree canopy based on aerial photos and/or visual field observations,but shall not include any tree canopy that is within a wetland or below the top bank of a stream.Tree canopy from invasive tree species and nonnative tree species,per the City's Plant List,shall not be included in the measurement of contiguous tree canopy,and the delineated boundary shall not increase the size of the RC district by more than 15%from what is designated on the Sensitive Lands Map. (2) Wetlands A wetland boundary shall be delineated in accordance with the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands,except that: (a) The methodology must include soils testing,and (b) When a delineated wetland boundary is abutting a steep slope,the protected riparian area shall be applied from the top of the slope rather than from the delineated boundary.The top of the slope shall be determined according to the same criteria as the top of the bank,pursuant to Table 50.07.004-A and Figure 50.07.004-A:Wetland and Stream Corridor Measurement. (3) Stream Corridors A stream corridor boundary shall be measured or delineated based on topographic maps,hydrology maps, and/or field observations,pursuant to Table 50.07.004-A and Figure 50.07.004-A:Wetland and Stream Corridor Measurement;provided,that the protected riparian area shall not extend more than 200 ft.from the edge of the ordinary high water line of the stream corridor.The ordinary high water line is defined according to Oregon Administrative Rule(OAR)141-085-0510. (4) Stream and Wetland Riparian Areas Measurement The following areas are protected riparian areas.They are measured outward from the edge of a delineated stream corridor or wetland boundary and are included in the RP district: TABLE 50.07.004-A:STREAM AND WETLAND RIPARIAN AREA MEASUREMENT Stream/Wetland Classification Slope Adjacent to Resource Width of Vegetated Corridor and Method of Measurement Class I <25% 30-50 ft.,measured from the outer edge of the stream corridor or delineated wetland as shown on the Sensitive Lands Map and as detailed in Figure 50.07.004-A. >=25% 30-200 ft.,measured from the outer edge of the stream corridor or delineated wetland to the natural break in the 25%slope,as shown on the Sensitive Lands Map and as detailed in Figure 50.07.004-A.Slope is measured perpendicular to and at intervals of not more than 25 ft.along the outer edge of the stream or wetland.Where a stream or wetland is confined by a ravine or gully,the top of ravine is where there is a consistent break in the 25% slope that is more than 30 ft.from the The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 522/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES TABLE 50.07.004-A:STREAM AND WETLAND RIPARIAN AREA MEASUREMENT Stream/Wetland Classification Slope Adjacent to Resource Width of Vegetated Corridor and Method of Measurement stream/wetland edge;the width of the vegetated corridor may vary. Class II <25% 25-50 ft.,measured from the outer edge of the stream corridor or delineated wetland as shown on the Sensitive Lands Map and as detailed in Figure 50.07.004-A. >=25% 25-50 ft.,measured from the outer edge of the stream corridor or delineated wetland to the natural break in the 25%slope,as shown on the Sensitive Lands Map and as detailed in Figure 50.07.004-A.Slope is measured perpendicular to and at intervals of not more than 25 ft.along the outer edge of the stream or wetland.Where a stream or wetland is confined by a ravine or gully,the top of ravine is where there is a consistent break in the 25% slope that is more than 25 ft.from the stream/wetland edge;the width of the vegetated corridor may vary. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 523/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Figure 50.07.004-A:Wetland and Stream Corridor Measurement* }I‘rg4r• bfiemn Can±inr borm l.ry..s i.rwand!Mgr of G,.... _ -s.r".7. , D, Stream Corridor Construction i 3-50. 'f 10' 1 10' # ° 30'-50' Construction Setback MYe. I u parlan far LPrrotectetlRlpa rl�Area ySelback}}''er er _A_---- 20' Wide Stream Corridor No wotlands,culverts,or slopes greater than 25%. Class I RP district illustrated here; Class II receives Z5'-54' protected area.See LOC 50.05.010.6.biii for allowed reductions. , �y 4:1 • a. •�t � -4 - r Stream Corridor .i' .-fin sty A k r n � - J. " _` CeAeirucf Len der m¢rOtsepe ��1 30,60'Pr4e4ted CaAaVr�ctlon -Setback 10' llsPerlsA Brea Rtparlan Area Setback iOr +: 44r^ f+r �_ 'S Z' ty • � fi� •r'-4 stream r— . cnrndo.eomnlpry - - Stream Corridor > 20' Wide No wetlands,culverts,or slopes greater than 25.w.. Class I RP district illustrated here;Clam II receives 25'-S0' protected area.See LOC 56.05.010.6.biii for allowed reductions. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 524/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Stream Corridor . 10' 1 -Construction 34'-50'Protected S.taem 38•-50'prat acted Construction Setback 1V' Riparian Area•�. Wetland I une r Rip riail Rre Set, ha cF 10' �1 f y ti tee. • Streams with Associated Wetlands Stream corridor boundary remains at least 10'trnm the stream centerline on both sides. Wetland boundaries are delineated aCcording to the 1987 Corps of Engineers Manual. Class I RP district illustrated here;Class II receives 25'-S0' protected area.See LOC 50.05.010.E.biii for allowed reductions. Construction 1 30%so•Protec 3O'-56'Preles8t,e�fe.Conntn.mni n Setback.la','ti Rlµoriary i ra5 Riparian^Z Setback 1n' TtitTji .- Iti) Stream Corridoe i a. f 1 li . 1.1,... ..- 71.e.em ,�_Flit land 11 a 1, i h"' fyhy -.OF- fist land 1 Streams with Steep Slopes or Ravines t' ; I Stoop dtapoa are oryiraT to of RrdeAter I I l than 2S%measu+-ed as rise I run. Class I RP district illustrated here;Class II receives 25'-SO' protected area.See LOC S0.05.010.S.biii for allowed reductions. Maximum RP district and construction setback width capped at 200'from edge of ordinary high water line. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 525/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Stream Corrider Construction 30,PirProe I 30-•S0'Protected Construe don Setback la' Riparian Ake. Snram '.pmrian Agee S-Ibac Hi' r9lL a - -u-• ire n i 4 ' j 111111 Flat Land �# i � . a ■.___ rm�[' orm u•a alt�q al•P•s' • c1w.mer e . • ` i A`, Th•tlo•dr•rn 1n•rwnn•is nor t. �•ngr MMN••uvemcef/iA. Streams with Topographic Variations ' Iliegal fill is riot treated as stream corridor boundary; refer to the first page et this appendix. Class I RP district illustrated here;Class II receives 25'-50' protected area.See LDC 50.05.010.6.biii for allowed reductions. Maximum RP district and construction setback width capped at 200'from edge of ordinary high water line. Protected riparian area extends ZVI — • across road where stream continues I i= 'L I _ f. le tn. 25'-30r Protect r . i0I ROI v Riparian • ■fi «f wr .t - a1>,.1-1. .:!}��7+ i� - rlr Protected —— — - -. — ---— Riparian Area — — V- T. — — irii. ,,..,,i21 0 j ..cProtected riparian area arcs i Around culvert opening. Protected Riparian Areas on Culverts Class I RP district illustrated here;Class II receives 25'-60' protected area.See LOC 50.05.010.6.biii for allowed reductions. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 526/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES --1 T„ IrPull"Irt al r*1 f t R ; +k 11(i i 1 Top of Bank of Culvert-Ravine or Steep Slope *Figure 50.07.004-A is for illustration purposes.The standards in Table 50.07.004-A govern. ii. Review of Delineation The reviewing authority shall compare the applicant's delineation maps with the 1994/1995 ESEE Study and the Sensitive Lands Map,and shall inspect staked,delineated resource boundaries.The reviewing authority shall approve the delineation if the delineated boundary more accurately reflects the locations of stream, wetland,and/or tree grove resources than the boundary as shown in the Sensitive Lands Map.If the reviewing authority finds that the evidence is contradictory or does not support the proposed delineations,the application shall be denied.In the alternative,review of the application may be continued for additional information if: (1) The applicant agrees to conduct a new delineation by an expert selected by the City Manager at the applicant's expense;and (2) The applicant waives the applicable statutory deadline for completing a local decision on the application for the period of time necessary to conduct the new delineation. iii. Adjustment of Overlay District Boundaries to Reflect Approved Delineation An approved delineated boundary shall replace the boundary in the Sensitive Lands Map for the purposes of review of the development proposal for compliance with this section.If and when the proposed development receives fmal approval,including resolution of any appeals,the boundary of the RP or RC district as shown in the Sensitive Lands Map shall be modified as necessary to be consistent with the delineated boundary. iv. Delineation Not Required;Exceptions An applicant for a development subject to this section shall not be required to delineate the resource pursuant to this section if: (1) The resource has been previously delineated pursuant to an earlier development application subject to this section.Exception:The City Manager may require a new delineation if: (a) The applicant desires to demonstrate that the previously delineated boundary is no longer accurate; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 527/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (b) There is evidence of a substantial change in circumstances on the property that has affected the location of the resource as previously delineated;or (c) The City Council has adopted new delineation standards or requirements since the previous delineation;or (2) The proposed development consists solely of landscaping and/or tree removal or qualifies as a resource enhancement project,and complies with LOC 50.05.010.6.c.ii(1)(a),Landscaping;LOC 50.05.010.6.c.ii(1)(b),Tree Removal;or either LOC 50.05.010.5.c.iii(6),Utilities,or LOC 50.05.010.6.c.ii(1)(f),Resource Enhancement Projects;or (3) The entire subject property is designated RP or RC,and the applicant agrees that a delineation would not reduce the area covered by the RP or RC district;or (4) The City Manager finds based on the 1994/1995 ESEE Study,the Sensitive Lands Map,existing aerial photography or remote sensing that the proposed development disturbance area is clearly located outside the subject RP or RC district including required protection areas and construction setbacks. v. Delineation in the Absence of a Development Application An applicant may apply to delineate a resource in absence of an application for a specific development. (Ord.2853,Amended,11/03/2020;Ord.2687,Amended,12/15/2015;Ord.2658,Amended,12/16/2014;Ord.2643, Amended,11/04/2014;Ord.2635,Amended,05/06/2014;Ord.2579,Repealed and Replaced,03/20/2012) 9. SOLAR ACCESS PERMIT (Repealed by Ord.2797,11/06/2018) 10. WEAK FOUNDATION SOILS DETERMINATION PROCEDURES Revised 4/23 a. Report Required i. If a development is located in an area of Potential Weak Foundation Soils,the applicant shall provide the City Manager a report prepared by a registered professional soils engineer or engineering geologist.This report shall describe the nature,distribution,and strength of the soils,including findings regarding the adequacy of the soils to support the proposed use and structure(s). Exception:At the discretion of the Building Official for small projects,e.g.,small addition,hot tubs/spas,the registered professional soils engineer or engineering geologist may submit a letter,based on observation of the soil condition,that the soils are adequate for the proposed use and structure. ii. If soils characteristics are determined by the applicant's registered professional soils engineer or engineering geologist not to be adequate for the proposed use or structure(s)without compensating for the effect of the soils,the engineering report shall include conclusions and recommendations for design criteria for corrective measures which are appropriate to the soils and types of proposed structures. iii. If the site has been previously evaluated under this standard,the construction of a structure shall be deemed to comply with this standard if either: (1) The soils engineer or engineering geologist concluded that the soil is adequate for the proposed use and structure(s);or (2) The building plans for the structure comply with the corrective measures recommended under subsection 10.a.ii of this section. The application materials shall include description of the design or engineering features which will compensate for the soils in accordance with the recommendations of the engineering report.The proposed design shall be certified by a registered professional engineer. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 528/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES b. City Manager Review i. If soils characteristics are determined by the applicant's registered geotechnical engineer or engineering geologist to be adequate for the proposed use and structure(s),no further consideration of compensating design shall be necessary. ii. Pursuant to the building code: (1) The Building Official shall specifically review design or engineering features in the development application which are intended to compensate for weak foundation soils. (2) The Building Official may require modifications in the proposed design or engineering where necessary to assure adequate structural support. (Ord.2909,Amended,02/07/2023;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced, 03/20/2012) 11. UTILITIES For all applicable development or construction,the applicant shall submit: a. A scaled utility plan of existing and proposed utilities shall be furnished to the City as part of any major development plan application and shall include at least the following at 1"=100'scale. b. Easements shall be recorded in the final plat or plan to serve the development and each lot therein. (Ord.2579,Repealed and Replaced,03/20/2012) 12. TELECOMMUNICATION FACILITIES a. New Facilities In addition to standard required application material,the applicant for a new facility shall submit the following information in conjunction with an application for a new facility: i. A site reconnaissance study containing,at a minimum: (1) A vicinity map depicting the proposed extent of the service area. (2) A graphic simulation showing the appearance of the proposed tower and accessory structures from five points within the impacted vicinity.Such points are to be mutually agreed upon by the City Manager and applicant. (3) An inventory within the applicant's proposed service area depicting the height and location of nonhabitable structures,including poles,towers,and appurtenances that could accommodate collocation of the proposed antennas. ii. Recognizing that technology in this field is changing rapidly,a demonstration that an alternative technology that does not require the use of new towers,such as a cable microcell network using multiple low- powered transmitters/receivers attached to a wireline system,or any other less visually obtrusive method,is unsuitable.For the purposes of this subsection,a"less visually obtrusive method"means a reasonably practicable alternative technology that will better accomplish the purposes of this section as set forth in LOC 50.03.003.5.g.i,Purpose.Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. iii. A landscape plan drawn to scale showing proposed landscaping,including type,spacing,size and irrigation methods. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 529/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES iv. Evidence demonstrating collocation has been explored and is impractical on existing structures,existing transmission towers,and existing tower facility sites for reasons of safety,available space,or failing to meet service coverage area needs. v. A report containing the following information: (1) A description of the proposed tower and reasons for the tower design and height. (2) Documentation to establish the proposed tower has sufficient structural integrity for the proposed uses at the proposed location in conformance with minimum safety requirements as required by the State Structural Specialty Code,latest adopted edition. (3) Ice hazards and mitigation methods which will be employed,including increased setbacks,and/or deicing equipment. (4) The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate. (5) Documentation demonstrating compliance with non-ionizing electromagnetic radiation(NIER) emissions standards adopted by the Federal Communications Commission(FCC). (6) A signed agreement stating that the applicant will allow collocation with other users,provided all safety and structural requirements are met.This letter shall also state that any future owners or operators will allow collocation on the tower.This agreement is not necessary if the applicant does not own the facility or structure;however,a consent to allow the owner to grant access to other users for the same structure or facility shall be required. (7) A soils report if the property contains weak foundation soils or has landslide potential. (8) Identification of any other antenna sites owned or operated by the applicant in the City. b. Collocated Facilities In addition to standard required application material,the applicant shall submit the following information in conjunction with an application for a collocated facility: i. Documentation demonstrating that the collocated facility will comply with non-ionizing electromagnetic radiation(NIER)emissions standards adopted by the Federal Communications Commission(FCC). (Ord.2723,Amended,10/18/2016;Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced, 03/20/2012) 13. FLOOD MANAGEMENT AREA This subsection 13 shall be interpreted to implement the requirements of LOC 50.05.011.The definitions of LOC 50.05.011 shall be applied to the terms herein when applicable. Application for a development permit may be made on forms furnished by the Floodplain Administrator and may include,but not be limited to,plans drawn to scale showing the nature,location,dimensions,and elevations of the area in question;existing or proposed structures,fill,storage of materials,drainage facilities,and the location of the foregoing.Specifically,the following information is required: a. Information to Be Submitted and Maintained The following information shall be submitted by the applicant and then maintained and made available for public inspection by the City as needed.(The obligation to"record"does not mean record with the County Clerk;FEMA intends it to mean the City shall retain the information in perpetuity.) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 530/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. Submit the actual elevation(in relation to mean sea level)of the lowest floor(including basements)and all attendant utilities of all new or substantially improved structures where base flood elevation(BFE)data is provided through the Flood Insurance Study(FIS),Flood Insurance Rate Map(FIRM),or obtained in accordance with subsection 13.b of this section.(The City shall record,and maintain the actual elevation(in relation to mean sea level)of the lowest floor(including basements)and all attendant utilities of all new or substantially improved structures where BFE data is provided through the FIS,FIRM,or obtained in accordance with subsection 13.b of this section.)In riverine flood zones,submit the proposed elevation(in relation to mean sea level)of the lowest floor(including basement)and all attendant utilities of all new and substantially improved structures,in accordance with the requirements of subsection 13.a of this section. ii. Submit the elevation(in relation to mean sea level)of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of LOC 50.05.011.6.b.xi,Encroachment within Floodway,and 50.05.011.5.a.ii,Authority and Criteria,are adhered to. (The City shall record the elevation(in relation to mean sea level)of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of LOC 50.05.011.6.b.xi,Encroachment within Floodway,and 50.05.011.5.a.ii,Authority and Criteria,are adhered to.) in. Upon placement of the lowest floor of a structure(including basement)but prior to further vertical construction,submit documentation in the form of a FEMA elevation certificate,prepared and sealed by a professional licensed surveyor or engineer certifying the elevation(in relation to mean sea level)of the lowest floor(including basement). iv. Where base flood elevation data are utilized,submit as-built certification of the elevation(in relation to mean sea level)of the lowest floor(including basement)prepared and sealed by a professional licensed surveyor or engineer prior to the final inspection. v. Submit required elevation certificates(EC).(The City shall maintain all elevation certificates(EC) submitted to the City.) vi. Submit: (1) The elevation(in relation to mean sea level)to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under LOC 50.05.011 and where base flood elevation(BFE)data is provided through the FIS,FIRM,or obtained in accordance with subsection 13.b of this section. (2) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed. (The City shall record,and maintain the elevation(in relation to mean sea level)to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under LOC 50.05.011 and where base flood elevation(BFE)data is provided through the FIS,FIRM,or obtained in accordance with subsection 13.b of this section.) The applicant shall submit certification by a registered professional engineer or architect licensed in the state of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in LOC 50.05.011.6.b.iv(3). vii. Submit floodproofing certificates required under LOC 50.05.011.(Applicants floodproofing nonresidential buildings shall be notified by the City Manager that flood insurance premiums will be based on rates that are one foot below the floodproofed level(e.g.,a building floodproofed to the base flood level will be rated as one foot below)). viii. Submit justification for all variance actions.(The City shall record and maintain all variance actions, including justification for their issuance.) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 531/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES ix. Submit all hydrologic and hydraulic analyses performed as required under LOC 50.05.011.6.b.xi, Encroachment within Floodway.(The City will obtain and maintain all hydrologic and hydraulic analyses performed as required under LOC 50.05.011.6.b.xi,Encroachment within Floodway.) x. Submit substantial improvement calculation for any improvement,addition,reconstruction,renovation,or rehabilitation of an existing structure.(The City will record and maintain all substantial improvement and substantial damage calculations and determinations as required under LOC 50.05.011.9,Calculations for Determining Substantial Improvements and Substantial Damage.) xi. Residential and Nonresidential Structures For development of a residential or nonresidential structure,the applicant shall submit a site plan and supporting information.Application materials shall be verified by an on-site survey by a registered professional land surveyor or registered professional engineer and,at a minimum,shall provide survey information for the portion of the subject property within the flood management area.The City Manager may require submittal of the following supporting information for the subject property: (1) The boundary lines for the base flood and floodway; (2) The elevation,in relation to mean sea level,of the base flood and the datum used; (3) The existing and proposed topography at the two-foot contour interval in those areas where development is proposed(including fill,excavation,and stockpile areas); (4) The location and description of existing streams; (5) The location of existing and proposed structures,utilities,streets,and other development;and (6) The elevation,in relation to mean sea level,of the lowest floor of all proposed habitable structures. xii. Appurtenant Structures (1) For appurtenant structures,submit a site plan that includes,at a minimum,the following information for the subject property: (a) The boundary lines for the base flood and floodway; (b) The elevation,in relation to mean sea level,of the base flood and the datum used;and (c) The location of existing and proposed structures,utilities,streets,and other development. (2) For any variance granted,the Floodplain Administrator shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as$25.00 for$100.00 of insurance coverage and such construction below the base flood level increases risks to life and property. (a) Such notification shall be maintained with a record of all variance actions as required in subsection 13.a.xii(2)(b)of this section;and (b) The City shall maintain a record of all variance actions,including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Federal Insurance Administrator. xiii. The amount and location of any fill or excavation activities proposed. xiv. Alteration or Relocation of Watercourses When alteration or relocation of a watercourse is proposed within a riverine floodplain: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 532/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (1) The applicant shall provide a description of the extent to which any watercourse will be altered or relocated. (2) The City Manager shall notify adjacent communities,Oregon Department of Land Conservation and Development,and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse,and the applicant shall submit evidence of such notification to the Federal Insurance Administration. xv. Development in Portions of Tryon,Springbrook and Oswego Creeks For development within portions of Tryon Creek,Springbrook Creek,and Oswego Creek defined by LOC 50.05.011.6.b.xii and when the development increases the base flood elevation by more than one foot in areas, submit a FEMA CLOMR/LOMR application and pay any processing or application fees associated with the CLOMR/LOMR prior to the issuance of a development permit. xvi. Submit description of the extent to which any watercourse will be altered or relocated. xvii. In riverine flood zones,the proposed elevation(in relation to mean sea level),of the lowest floor (including basement)and all attendant utilities of all new and substantially improved structures;in accordance with the requirements of subsection 13.b of this section. b. Information Regarding Base Flood Elevation and Floodway Data/FEMA Notification For all development applications: i. Base Flood Elevation Data Applicant shall submit: (1) BFE data from the FIS,FIRM,or other authoritative source;or (2) When BFE data per subsection 13.b.i(1)of this section is not available,e.g.,unnumbered A Zones, provide,for review by the City Manager,BFE data available from a federal,state or other source,in order for the City Manager to administer the Encroachment within Floodway,Flood Management Area Development,and Standards for Construction. Where elevation data is not available either through the Flood Insurance Study,FIRM,or from another authoritative source,applications for development permits for structures shall be reviewed to assure that the proposed structure will be reasonably safe from flooding.A structure will be considered reasonably safe from flooding if the floor level is elevated at least two feet above the highest adjacent grade in the unnumbered A zones."Highest adjacent grade"means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Failure to elevate at least two feet above grade in unnumbered A zones may result in higher insurance rates. Exception:Development proposals that are either five acres or more in size or are 50 lots or more are required to include within the application material BFE data.In unnumbered A Zones,the applicant shall provide an engineering analysis to establish the base flood elevation. ii. Submit all technical data to determine if the development will increase or decrease the base flood elevation,and if the base flood elevation is changed,submit all technical data to support a FEMA CLOMR/LOMR application. iii. Applicant shall notify FEMA within six months of project completion when an applicant has obtained a Conditional Letter of Map Revision(CLOMR)from FEMA.This notification to FEMA shall be provided as a Letter of Map Revision(LOMR). The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 533/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (Ord.2847,Added,01/04/2022) 14. ALTERATION AND CONTINUATION OF NONCONFORMING DWELLINGS Revised 4/23 For applications to remodel a nonconforming dwelling where a nonconformity is proposed to be maintained,the City Manager may require: a. Scaled site plan or plans,floor plans,and elevations that clearly identify and label,with calculations(sq.ft.),all exterior walls,perimeter foundations,and roofing proposed to remain,and all such features proposed to be removed; b. Certification by a registered structural engineer for exterior walls,foundations,and roofmg to remain;and c. Any other information the City Manager deems necessary to evaluate compliance with LOC 50.06.001.2.a. (Ord.2891,Added,02/21/2023) 50.07.005 CONDITIONAL USE PERMITS 1. INTENT AND PURPOSE;EFFECT OF USE UNDER PRIOR CODE WHICH IS CONDITIONAL UNDER CURRENT CODE a. A conditional use is an activity which is permitted in a zone but which,because of some characteristics which are not entirely compatible with other uses allowed in the zone,cannot be permitted outright.A public hearing and review of the proposed conditional use by the hearing body and the imposition of conditions,if necessary,is intended to ensure that the use proposed will be as compatible as practical with surrounding uses,and is in conformance with the purposes and requirements of the district,if any,and with other applicable criteria and standards of the City. b. An alteration in a use which was classified by the prior zoning code as a permitted use that is by this Code classified as a conditional use shall conform to the requirements of this Code. c. A use that existed before December 16,1982,which is permitted only upon receiving a conditional use permit under the terms of this Code,is not a nonconforming use,but is without further action to be considered a conforming use. (Ord.2579,Repealed and Replaced,03/20/2012) 2. APPLICATION Application for a conditional use shall be made on forms provided by the City for that purpose and shall be signed by the property owner,or shall be accompanied by the owner's written authorization.The application shall include: a. Name,address and telephone number of applicant. b. Map number and/or subdivision block and lot. c. Narrative concerning the proposed request explaining how the applicable criteria are complied with. d. Copy of deed,signed earnest money agreement,or other document showing ownership or interest in property. e. Vicinity map. f. Comprehensive Plan and zoning designations. g. One map showing existing uses and a second map drawn in the same scale showing proposed development, placement of lot lines,etc.A survey map is not required. h. Detailed plans for the specific project(working drawings are not required). The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 534/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. Names and addresses of property owners whose property is within 300 ft.of the applicant's property which is the subject of the application or contiguous property owned by the applicant. j. Proof of payment of the applicable fees. k. Additional drawings,topographic surveys,photographs or other material necessary to understand the proposed use,and of its relationship to surrounding properties,may be required.The City Manager shall determine the completeness of an application.Variances may be applied for and considered concurrently with a conditional use application.All notifications for the conditional use application or hearing shall specifically state that variances have been applied for and clearly describe the proposed variances in terms understandable to a person of ordinary intelligence. (Ord.2579,Repealed and Replaced,03/20/2012) 3. AUTHORIZATION TO PERMIT OR DENY CONDITIONAL USES a. An application for a conditional use shall be allowed if: i. The requirements of the zone are met;and ii. Special conditions found in LOC 50.03.003.3,50.03.003.4.a through 50.03.003.4.c,50.03.003.5.a, 50.03.003.5.c,50.03.003.5.e through 50.03.003.5.f,50.03.003.5.h,50.03.003.6.a and 50.03.003.6.p.i,if applicable,are met;and iii. The site is physically capable of accommodating the proposed use;and iv. The functional characteristics of the proposed use are such that it can be made to be reasonably compatible with uses in its vicinity. b. In permitting a new conditional use,or the modification of an existing conditional use,the hearing body,or the City Manager in the case of a minor modification,may impose conditions which are suitable and necessary to assure compatibility of the proposed use with other uses in the vicinity.These conditions may include,but are not limited to: i. Limiting the manner in which the use is conducted,by restricting the time an activity may take place and by minimizing such environmental effects as noise,vibration,air pollution,glare and odor. ii. Establishing a special yard,setback,lot area or other lot dimension. iii. Limiting the height,size or location of a building or other structure. iv. Designating the size,number,location and design of vehicle access points. v. Increasing roadway widths,requiring street dedication,and/or requiring improvements within the street right-of-way. vi. Designating the size,location,screening,drainage,surfacing or other improvement of a parking area or truck loading area. vii. Limiting or otherwise designating the number,size,location,height and lighting of signs. viii. Limiting the location and intensity of outdoor lighting,requiring its shielding,or both. ix. Requiring berming,screening or landscaping and designating standards for its installation and maintenance. x. Designating the size,height,location and materials for fences. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 535/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES xi. Protecting and preserving existing trees,soils,vegetation,water resources,wildlife habitat or other significant natural resources. xii. On-and off-site public improvements. The number of residential units allowed by the provisions of this Code on a site may be reduced only if it is found that development to that number will result in a violation of the standards stated in LOC 50.07.005.3.a. (Ord.2723,Amended,10/18/2016;Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced, 03/20/2012) 4. MODIFICATION OF CONDITIONAL USE PERMIT A request by the conditional use permit holder to substantially modify a conditional use permit shall be processed in the same manner as a request for a conditional use permit.Minor modifications of permits may be approved by the City Manager;provided,that such change: a. Meets all requirements of the development standards and other legal requirements;and b. Does not significantly affect other property or uses;will not cause any deterioration or loss of any natural feature,process or open space;nor significantly affect any public facility;and c. Does not affect any condition specifically placed on the development by action of the hearing body or City Council. (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 5. ABANDONMENT OF CONDITIONAL USE If a use operating pursuant to a conditional use permit is discontinued for a period of at least one year,any further use of the property shall conform to the requirements of this Code.The City Manager shall,in writing,grant a one- year extension to a conditional use where the request for the extension is made by written application prior to the expiration of the one-year period.After the expiration of any extension of use,such a conditional use shall not operate without first obtaining a new conditional use permit. (Ord.2832,Amended,01/07/2020;Ord.2732,Amended,02/21/2017;Ord.2579,Repealed and Replaced, 03/20/2012) 6. REVIEW OF CONDITIONAL USE PERMITS;AMENDMENT AND REVOCATION PROCEDURES a. Uses operating pursuant to a conditional use permit may be reviewed to determine whether or not the conditions applied are continuing to be met. b. The hearing body is authorized to amend a conditional use permit or to provide for further conditions to more adequately assure compatibility of such uses to adjacent land uses,public facilities or other requirements of this Code,or to terminate a permit,if it is found that the applicable requirements or conditions are not being met. c. A conditional use permit may be revoked or modified by the hearing body if the applicable conditions or the specific requirements of this Code are not continuously met and also for the reasons stated in LOC 50.09.002.3, Revocation of Permit. i. Amendment or revocation pursuant to LOC 50.07.005.6.b may only occur after a hearing before the hearing body at which the permit holder and interested persons have been given an opportunity to be heard on the question.This procedure is not exclusive and is in addition to any other procedure allowed by law. ii. The owner of record of the affected property shall be notified,by certified mail,and notice shall be posted on or within 50 ft.of the property not less than ten days prior to the date of the hearing of the public hearing. The notice shall specify the nonconformance alleged and the actions which may be taken if nonconformance is confirmed. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 536/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES iii. The hearing body shall hold a hearing pursuant to the provisions of LOC 50.07.003.3.c and LOC 50.07.003.15.b.i and ii.After consideration of all evidence presented at the public hearing,the City Manager's report,the applicable Code provisions,the use permit requirements,and the criteria set forth in LOC 50.09.002.3,Revocation of Permit,the hearing body may revoke,terminate,allow continuation of the use, amend the use permit,or may grant additional time to bring the use into conformance.If additional time is granted,specific direction may be given setting forth the changes required to achieve conformance.An appeal to the City Council may be taken pursuant to LOC 50.07.003.7,Appeals. iv. The hearing body's action shall be transmitted to the owner of the affected property by mail,together with an explanation of the procedures for appeal to the City Council. (Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 50.07.006 OVERALL DEVELOPMENT PLAN AND SCHEDULE 1. PHASING A minor or major development may be planned and constructed in phases.A separate development permit shall be approved for each phase. (Ord.2579,Repealed and Replaced,03/20/2012) 2. PURPOSE OF OVERALL DEVELOPMENT PLAN AND SCHEDULE The purpose of the ODPS is to: a. Assure that the proposed development,considered as a whole,will conform to the Comprehensive Plan and development standards; b. Assure that individual phases will be properly coordinated with each other and can be designed to meet the development standards; c. Provide preliminary approval of the land uses,limit uses permitted within the ODPS,maximum potential intensities or densities,arrangement of uses,open space and resource conservation and provision of public services of the proposed development;and d. Provide the developer a reliable assurance of the City's expectations for the overall project as a basis for detailed planning and investment. (Ord.2579,Repealed and Replaced,03/20/2012) 3. DENSITY BONUS WITHIN PHASED DEVELOPMENT Density bonuses,identified and allowed by this Code,may be granted for any phase of a development provided the cumulative bonuses for any total development may not exceed,by more than 25%,the density and intensity determination of the ODPS. [Cross-Reference:Density bonuses of up to 25%are permitted for public agency rental housing.See LOC 50.04.001.2.b, Density—Additional Standards,R-5 and R-DD zones and LOC 50.04.001.3.b,Density—Additional Standards,R-0,R-2,and R-3 zones.] (Ord.2579,Repealed and Replaced,03/20/2012) 4. OVERALL DEVELOPMENT PLAN AND SCHEDULE(ODPS) Development permits for individual phases within a major development shall be approved and conditioned in accordance with the ODPS.Development permits for each phase shall assure that the development plans conform to the ODPS,as well as the Comprehensive Plan and development standards. (Ord.2579,Repealed and Replaced,03/20/2012) 5. APPLICATION a. Submission Requirements The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 537/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. Vicinity map. ii. Maps and narrative indicating present use of land,including all natural and man-made features.A survey is not required. iii. Maps and narrative indicating types and location of land uses to be provided including park and open space sites or other reserved land. iv. General layout of streets,utilities and drainage management measures including areas reserved for water improvements. v. General layout or siting of public transit,bicycle and pedestrian circulation. vi. Maps and/or narrative showing off-site improvements necessary to serve the proposed development. vii. An overall schedule of phasing;and the development to occur in each phase. viii. The City Manager may require additional information related to the particular circumstances of an ODPS.All maps except vicinity and detail maps shall be at the same scale. (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 6. PUBLIC NOTICE/OPPORTUNITY FOR PUBLIC COMMENT Notice shall be provided pursuant to LOC 50.07.003.3,Public Notice/Opportunity for Public Comment. (Ord.2579,Repealed and Replaced,03/20/2012) 7. REVIEW AND DECISION a. Decision-Making Body i. The appropriate hearing body shall consider the ODPS at a public hearing conducted pursuant to LOC 50.07.003.4,Hearings,and notice shall be given in accordance with LOC 50.07.003.3.c,Notice for Initial Public Hearing for Minor and Major Development. ii. The Planning Commission shall approve mixed use ODPS applications prior to consideration of a related development permit application.The ODPS may be considered concurrently with a zoning application. iii. Single use ODPS applications shall be reviewed and approved by the Development Review Commission. b. Review Criteria for ODPS Consideration The hearing body shall approve the proposed ODPS only if it finds that the plan and schedule will satisfy the requirements of LOC 50.07.003.15.d.ii,Review Criteria for Major Developments;and i. Provides an overall general site plan which is properly related to and preserves natural features and resources consistent with the provisions of this Code; ii. Provides for land uses and intensities that are consistent with the provisions of the Comprehensive Plan, this Code,and with the planned capacities of public facilities; iii. Provides clear guidance for the specific design and coordination of future phases. c. Content of the Approved Final Overall Development Plan and Schedule The approved overall development plan and schedule shall consist of the following documents: i. A site plan showing location and type of all approved land uses,approximate lot area,and approximate number of units or square footage of uses. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 538/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES ii. A general utility plan showing streets,utilities,drainage management measures,bike and pedestrian ways and transit locations. iii. A statement acknowledging need for off-site improvements as required. (1) A schedule of the overall phasing and development to occur within each phase. These documents shall be prepared subsequent to hearing body approval and shall be approved by the City Manager. If the City Manager finds that the final submittal does not accurately reflect the hearing body action,then the documents shall be returned to the hearing body for approval. Upon approval,the documents will be stamped"Approved Final Plan"and filed in the ODPS project file. (Ord.2832,Amended,01/07/2020;Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced, 03/20/2012) 8. CHANGES TO THE OVERALL DEVELOPMENT PLAN AND SCHEDULE The City Manager shall have the authority to approve minor changes to the ODPS,including the transfer of densities within the project as a whole,which do not change the overall land uses,densities,amount of open space,decrease public facility capacities or affect the relationship of the development to adjacent land uses.Any other changes must be processed as a new application pursuant to this article. (Ord.2579,Repealed and Replaced,03/20/2012) 50.07.007 LAND DIVISIONS Revised 4/23 1. REQUIREMENTS FOR LAND DIVISIONS All land divisions shall meet the requirements of this Code including all zone district standards and dimensions except as modified in this section. a. Duration of Exemption from Subsequently Adopted Land Use Laws Pursuant to ORS 92.040(2)and(3),for lots created by subdivision after July 19,2018,construction within an approved subdivision shall be subject to the Lake Oswego land use laws in effect on the date of subdivision application and shall not be subject to subsequently adopted Lake Oswego land use laws unless the applicant elects otherwise,in which case all current laws apply.This exemption shall terminate three years from the date the tentative subdivision became final.[Additional transition exemption expiration:For such lots created before July 19, 2018,the exemption shall expire on July 19,2019.] (Ord.2783,Amended,06/19/2018;Ord.2762,Amended,03/06/2018;Ord.2579,Repealed and Replaced, 03/20/2012) 2. FLAG LOTSRevised 4/23 0 a. Purpose;Applicability i. The purpose of the flag lot section is to: (1) Enable the efficient use of residential land and public facilities and services; (2) Provide standards for site,building,and design compatibility of the new development with the existing neighborhood character; (3) Reduce the area of impervious surface resulting from redundant access paving,and improve the appearance where pavement is necessary;and (4) Minimize the disturbance of natural resources. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 539/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES ii. The provisions of this section shall apply to all land divisions and lot line adjustments creating flag lots in residential zones after September 6,1998,and to any development occurring on a flag lot in a residential zone created after September 6,1998. Exception:These provisions do not apply to existing flag lots that are reconfigured through a lot line adjustment;the standards in effect at the time of the existing flag lot's creation remain applicable. iii. Compliance with Zone Standards Flag lots shall comply with the requirements of the underlying zone except where noted in this article.A land division or lot line adjustment creating a flag lot shall also comply with any specific residential design criteria contained within an applicable adopted neighborhood plan. iv. Parcelization Plan In addition to the general application requirements for land divisions or lot line adjustments,an application to create a flag lot shall include a conceptual plan of complete parcelization of the subject property illustrating the maximum potential density,and shall include a site plan illustrating the location of existing structures on adjacent parcels.The reviewing authority may impose conditions in order to ensure that parcelization of the subject property will not preclude the development of surrounding properties.Such conditions may be related (but not limited)to access,circulation,building location,utility availability,and natural resource protection. b. Exceptions The reviewing authority may allow exceptions to this section without the need to obtain a formal variance pursuant to LOC Article 50.08,Variances,in one or more of the following circumstances: i. Landscaping required by LOC 50.07.007.2.f.i as separation between driveways,which would not result in screening or buffering as intended due to topography,lot configuration,or existing natural resources which would be preserved,may be modified or may not be required; ii. Setback adjustments of up to two ft.which are necessary to site a dwelling in compliance with this article, or will result in additional separation from existing dwellings on surrounding lots,may be permitted; iii. If an existing structure(s)would be located on a proposed flag lot created by partition and the structure(s) would become noncomplying with any regulation of this Code,the proposed partition may be approved if the standard causing the noncompliance can be adjusted under LOC 50.04.003.2,General Exception to Lot Area and Dimension Requirements; iv. Minimum driveway widths of 12 ft.required by LOC 50.07.007.2.c.iii may be reduced,when approved by the City of Lake Oswego Fire Marshal. c. Access i. When creating flag lots,the reviewing authority shall require that access to the flag lots is consolidated into a single shared access lane with the non-flag lot(s)or off site.If not practicable,then new lots may have individual access points. ii. Flag lots shall have access to a public street;however,actual street frontage shall not be required. iii. A driveway shall be used to serve a single lot.An access lane shall serve no more than three lots total,up to two of which may be flag lots. (1) Driveway widths shall be a minimum of 12 ft.Driveway length,construction standards,and turnaround requirements shall be determined by LOC 50.06.003.2,On-Site Circulation—Driveways and Fire Access Roads. (2) See LOC 50.06.003.1.d,Standards for Access Lanes,for width of access lanes. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 540/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES iv. No more than two driveways(whether to flag lot or non-flag lots)or access lanes shall be permitted within a distance equal to the minimum lot width of the underlying zone,or within 50 ft.of each other if no minimum exists,as measured from the closest edge of each driveway or access lane. v. All dwellings on flag lots must post an address at the beginning of the driveway or access lane.The address shall be no less than six in.tall,must be on contrasting background,plainly visible,and must indicate the direction to the dwelling. d. Lot Configuration Requirements i. Determination of Front Yard The front yard shall be determined as follows: (1) Except as provided below,the front yard(s)of a flag lot shall be measured from the access lane(see LOC 50.07.007.2.e.iv for setback requirements). Exception:For a flag lot at the farthest end of the access lane or a flag lot served by a driveway,the zone front yard setback shall apply and is measured from either the property line most parallel to the public street or the property line most parallel to the orientation of the projected access lane or driveway(see Figure 50.07.007-B). [Editor's Note:Figure 50.07.007-A was repealed by Ord.2762,and the reference is reserved for future use.] ii. Lot Width Lot width shall be measured by a line connecting two points on opposite side yard property lines,that will result in a line parallel to the front yard. iii. Lot Size Area of access easement or flagpole shall be deducted from the gross square footage of the flag lot.The"flag" portion of the lot shall be equal to or exceed the square footage of the underlying zone. [Cross-Reference:See LOC 50.04.003.6.c—Determination of Front Yard for Flag Lots Created Prior to September 6,1998,and Lots Accessing by Easement] e. Building and Site Design Standards i. Building Orientation The reviewing authority shall require the following: (1) Except for dwellings on flag lots at the farthest end of the access lane or flag lots served by a driveway,new dwellings on flag lots shall have the front of the house oriented towards the access lane. (2) Buildings shall be oriented to provide the maximum separation and privacy from existing dwellings on abutting lots outside of the partition site.The reviewing authority may require conditions of approval to include measures such as specific building locations,increased setbacks,additional height restrictions, location and orientation of windows and other openings. ii. Maximum Structure Height The height of a single-family residential structure and any accessory structures on a flag lot shall not exceed: (1) For flag lots created after August 14,2003,the taller of: (a) Twenty-two ft.;or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 541/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (b) The average height of all dwellings on properties abutting the development site,as determined prior to the time of creation of the flag lot.Where there is no dwelling on the abutting property or where a dwelling is located more than 100 ft.away from the development site: (i) The maximum height permitted in the underlying zone shall be used for calculating the average,except: 1. In cases where the abutting property is zoned to permit a height greater than that allowed on the subject site,then the maximum height for the zone in which the subject site is located shall be substituted and used to calculate the average. (2) For flag lots created before August 14,2003,the taller of: (a) The maximum building height limitation established at the time of creation of the flag lot.The methodology used to calculate the maximum building height permitted by this subsection shall be the same methodology used at the time of lot creation to establish the maximum building height;or (b) Twenty-two ft.(see LOC 50.10.003.2,Height of Building,for methodology). The City Manager may execute and record amendments to previously recorded development restrictions,upon the owner's or adjacent property owner's request,or at the City's discretion,if necessary to reflect a taller building height limitation than previously approved. (3) Modification of Approved Building Height The maximum building height of single-family residential structures and accessory structures on a flag lot (whether created prior to or after August 14,2003)may be modified from that previously determined at the time of creation of the flag lot to the average height of all dwellings on properties abutting the development site.Where there is no dwelling on the abutting property or where a dwelling is located more than 100 ft.away from the development site,then the maximum height permitted in the underlying zone shall be used for calculating the average.In cases where the abutting property is zoned to permit a height greater than that allowed on the subject site,then the maximum height for the zone in which the subject site is located shall be substituted and used to calculate the average.Where an existing structure on an abutting lot exceeds the maximum height allowed by the underlying zone,then the maximum height permitted by the underlying zone shall be used for purposes of calculating the average. An application for modification of maximum building height for a flag lot shall be processed pursuant to LOC 50.07.003.11,Modification of Development Permits,as a new application.The City Manager may execute and record amendments to previously recorded development restrictions. (4) Exceptions to Maximum Structure Height A greater height than otherwise permitted for roof forms or architectural features,such as cupolas or dormers,maybe allowed pursuant to LOC 50.04.001.1.g.ii,50.04.001.2.g.ii,or 50.04.001.3.f.iv(2). 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. iv. Setback Requirements (1) The standard front yard setback of the zone shall be superseded by the following front yard requirement:A minimum 15-ft.front yard setback is required from the access lane,except that a 20-ft. setback is required from the access lane to the front of a garage or carport when the garage or carport opening faces the access lane.For flag lot partitions or subdivisions that receive a minor variance to the determination of the front yard,per LOC 50.08.002.2.m,the setbacks from the access lane described The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 542/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES above shall apply.For purposes of this standard,the access lane shall include the projected extension of the access lane through the property as illustrated in Figure 50.07.007-B:Access Lane. Exception:This provision does not apply to the flag lot(s)at the farthest end of the access lane.In such case,the zone front yard shall apply and be measured from either the property line most parallel to the public street or the property line most parallel to the orientation of the projection of the access lane. Figure 50.07.007-B:Access Lane A. n.. ir.y N (2) Where a flag lot abuts a lot in a residential district of lower density,the greater setback requirements of the more restrictive district shall apply for those yards that have abutting property lines. (3) The side and rear yard setbacks shall be established at the time of flag lot creation,subject to the following requirements: (a) The sum of the side and rear yard setbacks on flag lots shall be not less than: (i) Fifty ft.in R-10 and R-15 zones;and (ii) Forty-five ft.in the R-7.5 zone;and (iii) Thirty-five ft.in the R-5,R-3 and R-0 zones. (b) In applying the flexible standard,provide yard dimensions that are similar to the yard dimensions of primary structures on abutting properties that are not part of the partition site and that abut the rear or side yards of the flag lots,but in no event shall the rear or side yard established under this section be less than: (i) Ten ft.in R-15,R-10 and R-7.5 zones;and (ii) Seven and one-half ft.in the R-5,R-3 and R-0 zones. v. Lot Width Requirements The lot width dimension of a flag lot shall not be less than the minimum lot width requirements of the underlying zone. vi. Lot Coverage and Floor Area The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 543/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES For the purposes of calculating lot coverage and floor area on flag lots,the area of access easement or flagpole shall be deducted from the gross square footage of the flag lot. f. Screening,Buffering and Landscape Installation i. A minimum five-ft.landscape strip shall be provided between the access lane and the perimeter of the development site when the shared access lane is located along the perimeter of the development site.Where land area is not sufficient to accommodate the five-ft.-wide landscape strip,the reviewing authority may impose conditions of approval to include measures that will provide effective buffering and screening.These measures may include landscaped islands,fencing,and meandering access lane. Exception:If a new lot is provided on both sides of an access lane,the landscape strip is not required. The reviewing authority shall require the landscape strip to be planted with trees and shrubs in order to mitigate the visual impact of wide expanses of pavement,and to provide a visual buffer between the access lane and the affected dwelling(s)located on abutting parcels.Plant materials used for screening and buffering shall be of a size to provide an effective screen within two years of planting.Trees shall be a minimum two-in.caliper,and shrubs shall be a minimum of five-gallon at time of planting.Maintenance of the buffer is an ongoing obligation of the property owner. Exception:Trees are not required when the trees would conflict with utilities. ii. Existing mature vegetation and trees shall be integrated as screening where practicable.The reviewing authority may require dwelling and garage placement or orientation in a manner that will minimize the removal of specific trees,hedges,or other vegetation that would serve to screen the proposed structures from existing and potential surrounding homes. iii. The perimeter of the flag lot(s)shall be screened from abutting lots outside of the development site with a six-ft.-tall fence,except: (1) Where a four-ft.fence is required by LOC 50.06.004.2.b.i,Fences,or where such screening would conflict with standards for Sensitive Lands Overlay Districts;or (2) Where the fence would be located within a wetland or stream channel. iv. A landscaped buffer within the deepest side or rear yard provided in compliance with the flexible setback standard of LOC 50.07.007.2.e.iv(3),a minimum of six ft.in width,shall be created along the property line and planted with a deciduous or evergreen hedge,a minimum four ft.in height at planting,which shall grow to a height of six ft.within two years and shall be maintained at a minimum of that height.This requirement is not applicable where the deepest yard abuts Oswego Lake or railroad rights-of-way. Iv. Tree Removal Mitigation A minimum of one evergreen or deciduous tree shall be planted at a 1:1 ratio where practicable in order to mitigate the removal of existing trees necessary for site development as a part of the creation of the lot or for the first dwelling constructed on the lot.The mitigation trees shall be of a species which will attain a minimum of 30 ft.in height.Deciduous trees at planting shall be a minimum of two-in.caliper and evergreen trees shall be a minimum of eight ft.tall.l Commented[JD62]:See earlier comment about 1 replacement ratios. (Ord.2909,Amended,02/07/2023;Ord.2884,Amended,04/05/2022;Ord.2853,Amended,11/03/2020;Ord.2832, Amended,01/07/2020;Ord.2762,Amended,03/06/2018;Ord.2732,Amended,02/21/2017;Ord.2687,Amended, 12/15/2015;Ord.2644,Amended,04/07/2015;Ord.2643,Amended,11/04/2014;Ord.2612-A,Amended, 05/21/2013;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. PLATTING a. Preparation and Submittal of Final Plan or Plat The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 544/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES i. The final plan or plat shall be recorded within three years of the date of the order setting forth the final decision.Upon written application,prior to expiration of the three-year period,the City Manager shall,in writing,grant a one-year extension.Additional extensions may be requested in writing and will be submitted to the approving authority which approved the final decision for review of the project for conformance with the current law,development standards and compatibility with development which may have occurred in the surrounding area.The extension may be granted or denied and if granted may be conditioned to require modifications to bring the project into compliance with then current law and compatibility with surrounding development. ii. A fmal plan or plat shall include all information required by the fmal decision on the plan. iii. A final plan or plat for a subdivision shall accurately reflect the preliminary approval granted by the hearing body,with all conditions satisfied and shall also contain the following information: (1) The proposed name of the subdivision.The name shall not duplicate or resemble the name of another subdivision in the Urban Service Area. (2) Location of the subdivision by section,township and range. (3) Reference points of the existing surveys identified,related to the plat by distance and bearings,and reference to a field book or map as follows: (a) Stakes,measurements or other evidence found on the ground and used to determine the boundaries of the subdivision. (b) Adjoining comers of adjoining subdivisions. (c) Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this article. (4) The location and width of streets and easements intercepting the boundary of the tract. (5) Tract,block and lot or parcel boundary lines and street rights-of-way and centerlines,with dimensions,bearings and deflection angles,radii,arcs,points of curvature and points of tangency. Floodplain or high water line for major water bodies.Plat accuracy shall be determined by the County Surveyor. (6) The width of the portion of streets being dedicated and the width of existing rights-of-way.For streets on curvature,curve data shall be based on the road centerline.In addition to the centerline dimensions,the radius and central angle shall be indicated on each right-of-way line.Also,arc and chord data shall be shown on each line for all lots as applicable. (7) Easements,clearly identified and,if already of record,their recorded reference.If an easement is not definitely located of record,a statement of the easement shall be given.The width of the easement,its length and bearing,and sufficient ties to locate the easement with respect to the subdivision lines shall be shown.If the easement is being dedicated by the plat,it shall be properly referenced in the owner's certificates of dedication. (8) Lot number beginning with the number"1"and numbered consecutively in each block in the subdivision. (9) Block numbers beginning with the number"1"and continuing consecutively without omission or duplication throughout a subdivision.The numbers shall be solid,of sufficient size and thickness to stand out and so placed as not to obliterate any figure.Block numbers in an addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision. (10) Identification of land to be dedicated to the public and a specific statement of the purpose of the dedication. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 545/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (11) The following certificates may be combined where appropriate: (a) Certificate signed and acknowledged by all parties having any recorded title interest in the land (excluding lien holders),consenting to the preparation and recording of the plat. (b) Certificate signed and acknowledged as above,dedicating all land intended for public use except land which is intended for the exclusive use of the lot owners in the subdivision or their lessees, tenants,employees and visitors. (c) Certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final map. (d) Certificate for execution by the City Manager. (e) Certificate for execution by the County Surveyor. (f) Certificate for execution by the County Tax Collector. (g) Certificate for execution by the County Assessor. (h) Other certifications now or hereafter required by law. (12) Other information as required by ORS Chapter 92. (13) Deed restrictions and covenants shall be submitted as a separate document at the time as the final plat is submitted. b. Review of the Final Plan or Plat,Filing Requirements i. Staff shall determine whether the fmal plan or plat conforms to the final decision of the hearing body, including all conditions,and other applicable state statutes and City codes. ii. If staff determines that the plan or plat is in conformance,then the appropriate signatures shall be affixed to the plan or plat,such signatures signify City approval of the plan or plat.Final plats shall be recorded with the appropriate county within 30 calendar days of signature.Acceptance by the City of the land dedicated to the public by means of a plat occurs upon the recording of the plat.Any plat not so recorded is void. iii. If staff determines that the fmal plan or plat does not conform,the applicant shall be advised by a written notice which shall list the reasons for the decision. iv. The applicant shall have 30 calendar days to correct the plan or plat or to schedule a review of the final plan or plat by the Development Review Commission.When the differences have been resolved and the plan or plat approved,the procedure in subsection 3.b.ii of this section shall be followed. v. Approval of a final plan or plat authorizes the issuance of development permits for actions or uses as approved therein. (Ord.2783,Amended,06/19/2018;Ord.2579,Repealed and Replaced,03/20/2012) 4. PLANNED DEVELOPMENT OVERLAY S a. Purpose The purpose of the Planned Development(PD)Overlay is to provide,for parcels of sufficient size,greater flexibility in development of land as compared to a standard subdivision,encourage variety in the development pattern of the community,encourage developers to use a creative approach in land development,conserve natural land features, The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 546/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES facilitate a desirable aesthetic and efficient use of open space,create public and private common open spaces,and provide for flexibility and variety in the location of improvements on lots.If these public purposes are accomplished,exceptions to certain zoning standards may be granted as provided by LOC 50.07.007.4.d, Authorization. b. Applicability Use of the PD overlay is allowed in any zone for subdivision proposals,except when the property is located in the R-7.5,R-10,or R-15 zone,at least one of the following circumstances must exist: i. The property is greater than 75,000 sq.ft.in size; ii. An RP district or HBA overlay is located on the property;or iii. A tree grove greater than 15,000 sq.ft.in size exists on the property. c. Procedures i. Multi-Phase PD Overlay Approval The establishment of a PD overlay for projects containing more than one phase shall occur in conjunction with the approval by the reviewing authority of an Overall Development Plan and Schedule(ODPS)pursuant to the provisions of LOC 50.07.006.The ODPS shall contain a section which identifies the zone requirements and uses to be applied in the PD overlay.These requirements may be adopted by referring in the fmal order to existing provisions of this section or by creating special zoning standards pursuant to this section. ii. Single-Phase PD Overlay Approval A request for a PD overlay for a project that will contain only one phase may be considered by the reviewing authority.No ODPS shall be required,but the requirements of subsection 4.c.i of this section for the adoption of zone requirements in the final order shall be complied with. iii. Following Approval of a PD Overlay: (1) A subsequent request for modification from the underlying zone requirements for any lots within the planned development shall be processed in the following manner: (a) PD Modified at Least One Lot Requirement in Subdivision If any modifications were made to the above zone requirements,then any subsequent request for modification to these zone requirements shall be processed either as: (i) A planned development modification,pursuant to LOC 50.07.003.11;no variance(LOC 50.08.002 or 50.08.004)is permitted);or (ii) A residential infill design review(RID),pursuant to LOC 50.08.003.2.e;to the extent RID permits exceptions to certain zone standards,no planned development permit modification is required. (b) PD Modified None of the Lot Requirements in Subdivision If no modifications were made from the zone requirements,then any subsequent request for modification to the zone requirements shall be processed as: (i) A variance pursuant to LOC 50.08.002 or 50.08.004;or (ii) For qualified residential developments,processed according to the provisions of LOC 50.08.003.2.e,RID. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 547/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (2) PD Applications Filed Prior to August 14,2003 For PD applications filed prior to August 14,2003,the following standards do not apply: (a) The maximum floor area standards of LOC 50.04.001.1,Residential Low Density Zones; (b) The maximum floor area standards of LOC 50.04.001.2,Residential Medium Density Zones—R- 5 only; (c) The height exception,front setback plane,side yard setback plane,and garage appearance and location standards for all residential districts. (3) Maximum Structure Height in PD The maximum height of structure permitted in the zone at the time of approval of the PD overlay,and the methodology for determining the maximum height,shall be applied to structures within the PD overlay. d. Authorization i. Underlying Zone (1) In considering an application for a PD overlay,the reviewing authority shall apply the requirements of the underlying zone.The maximum floor area and lot coverage requirements may be applied with reference to the total area. (2) If the proposed PD is part of an approved ODPS as described in LOC 50.07.006,requirements of the ODPS approval regarding arrangement of uses,open space and resource conservation and provision of public services will be considered when reviewing the considerations in subsection 4.d.i(1)of this section for the PD. ii. Dimensional Exceptions (1) The reviewing authority may grant exceptions to zone requirements(except for the zone requirements and limitations listed below)if the applicant demonstrates that the proposed PD provides the same or a better sense of privacy,appropriate scale and open space as a PD designed in compliance with the standard or standards to which an exception is sought.The reviewing authority shall consider the factors listed in subsection 4.d.ii(2)of this section in determining whether to approve the exceptions. (a) No exceptions shall be approved for the following zone requirements: (i) The special setback requirements for steeply sloped lots in the R-5 zone[LOC 50.04.001.2.e.i(2)]and R-0,R-2,and R-3 zones[LOC 50.04.001.3.e.iv]; (ii) Height of building; (iii) Use; (iv) Open space;and (v) Density. (b) Lot Coverage and Floor Area Limitations. (i) The aggregate lot coverage for all of the lots shall not exceed the maximum lot coverage based on the net developable area of the project; (ii) The total floor area of all lots shall not exceed the aggregate of the floor areas as determined based upon the respective lot area and the floor area methodology required by the zone. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 548/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (2) In making the determination under subsection 4.d.ii(1)of this section,the reviewing authority may consider: (a) Whether the applicant has reserved or dedicated more than the minimum amount of open space required by park and open space contributions[LOC 50.06.005]; (b) Whether the requested exception allows the lots to be designed in a manner that provides better access to common open space areas from within and/or outside the PD,better protects views,allows better solar access,maintains or improves relationships between structures,maintains or improves privacy and/or improves pedestrian or bicycle access to surrounding neighborhoods; (c) Whether the requested exception will allow a more attractive streetscape through use of meandering streets,access through alleys or shared driveways,provision of median plantings,or other pedestrian amenities; (d) Whether the requested exception will enhance or better protect a significant natural feature on the site,such as a wetland,a tree or tree grove,or a stream corridor; (e) Whether the requested exception will provide better linkage with adjacent neighborhoods,open space areas,pathways,and natural features;or (f) Whether the requested exception will allow the development to be designed more compatibly with the topography and/or physical limitations of the site. (3) Side Yard Setback Exceptions The reviewing authority may grant exceptions to the minimum side yard setbacks of the underlying zone, without the necessity of meeting the requirements of LOC Article 50.08,Variances,if the requirements of subsection 4.d.ii of this section are met,and: (a) Proposed lot sizes are less than the minimum size required by the underlying zone;or (b) Lesser setbacks are necessary to provide additional tree preservation or protection of abutting natural areas; (c) Side yard setbacks shall not be reduced to less than eight ft.except under the following circumstances: (i) Structures on abutting lots within the development are separated by no less than 16 ft.when all portions of the structure within the standard setback are no greater than 18 ft.in height. (ii) Structures on abutting lots within the development are separated by no less than 20 ft. when any portion of the structure exceeds 18 ft.in height within the standard setback area. This limitation does not affect the underlying base zone yard setbacks when those setbacks are less than eight ft.See Figure 50.07.007-C:Side Yard Setbacks. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 549/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES Figure 50.07.007-C:Side Yard Setbacks ■ } 0 18' u. 4' 6' 10' (4) In the R-7.5,R-10,and R-15 zones,where the parcel being developed is less than 75,000 square ft.in size,the following additional provisions apply: (a) Rear Yard Setback Exceptions (i) For lots where the rear yard setback abuts open space land,the rear yard setback may be reduced by up to 50%of the base zone requirement. (ii) For lots where the rear yard setback does not abut open space,the rear yard setback may be reduced by the percentage of the gross site area that is designated as open space,but in no case greater than 20%of the base zone requirement. (b) Lot Size Exceptions Lot sizes may be reduced by the percentage of the gross site area that is designated as open space,but in no case greater than 20%of the base zone requirement. iii. PD Standards (1) Lots which are located on the perimeter of a development located in an R-0,R-2,WLG R-2.5,R-3, R-5,R-6,R-7.5,R-10 or R-15 zone,and which are adjacent to lots in an R-7.5,R-10 or R-15 City zone upon which are constructed single-family dwellings,may be not less than: (a) Development in R-0,R-2,WLG R-2.5,R-3,R-5,R-6 zones:75%of the minimum lot area per unit of the adjacent zone or the minimum lot size of the zone in which the development is located, whichever is less. (b) Development in R-7.5,R-10,and R-15 zones:80%of the minimum lot area per unit of the adjacent zone or the minimum lot size of the zone in which the development is located,whichever is less. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 550/669 LOC 50.07:REVIEW AND APPROVAL PROCEDURES (c) Housing types located on the perimeter lots described in subsection 4.d.iii(1)of this section shall be single-family,zero lot line or duplex dwellings,except three attached dwelling units may be placed on three lots which abut at a common point with the middle lot being a corner lot. (d) In a PD located in an R-0,R-2,WLG R-2.5,R-3,R-5,or R-6 zone which abuts an R-7.5,R-10 or R-15 zone and which does not contain separate lots for the dwelling units,the building setbacks shall meet the requirements of the zone in which the development is located. e. Maintenance of Facilities and Open Space If common private open space or common buildings are included in the plan,a homeowner's association or similar organization must be established to provide for maintenance of the facilities or open space.The articles of incorporation or other evidence of incorporation of such organization shall be included in the application. f. Expiration,Revocation If 15%of the structural construction of the planned development has not occurred within three years of the date of the order granting approval for the PD overlay or if development has occurred in violation of the approval granted, the reviewing authority may initiate a review of the PD overlay to determine whether or not its continuation in whole or in part is in the public interest.The reviewing authority may decide that the PD overlay is to be removed and the plan or plat be resubmitted and made to conform to the requirements of the underlying zone,that the approval be retained,or that the approval be modified in any manner consistent with laws in effect at that time. (Ord.2732,Amended,02/21/2017;Ord.2687,Amended,12/15/2015;Ord.2644,Amended,04/07/2015;Ord.2526, Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 551/669 LOC 50.08:VARIANCES LOC 50.08:VARIANCES Revised 4/23 50.08.001 INTRODUCTION 50.08.002 MINOR VARIANCES Revised 4/23 50.08.003 DESIGN VARIANCES 50.08.004 MAJOR VARIANCES 50.08.001 INTRODUCTION 1. CLASSIFICATION OF VARIANCES a. There are three different types of variances: i. Minor Variances Minor variances allow small adjustments from certain standards of this Code where the change would have little or no impact on the streetscape or surrounding properties and where no demonstration of hardship is required. ii. Design Variances Design variances allow adjustments of certain standards of this Code where the resulting design would be superior to development in the surrounding neighborhood or would better achieve the purpose/objectives of the applicable zone or design district and design standards.No demonstration of hardship is required. iii. Major Variances Major variances are more significant adjustments from certain standards of this Code where,owing to special circumstances or conditions beyond the applicant's control,application of the Code standards would result in undue and/or unique hardship. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. VARIANCES NOT ALLOWED No variance shall be granted for the following: a. To permit a use not permitted in the applicable zoning district(unless that variance is required by state or federal law based on the special rights of the occupant). b. To increase the allowable residential density in any zoning district. c. To vary a Code standard that has already been modified by a planned development approval,except that zone standards applicable to a planned development may be varied through the residential infill design review process. d. To modify review and approval procedures. e. To a setback required under LOC 50.05.010,Sensitive Lands Overlay Districts.This provision does not prevent modification of protected riparian areas or setbacks as permitted in that section. f. To a setback required under LOC 50.04.002,Special Street Setbacks. g. To vary a standard under LOC 50.05.011,Flood Management Area,except per LOC 50.05.011.8,Flood Management Area Variance. [Cross-References:LOC 50.07.007.4.c.iii—modifications to planned developments,and LOC 50.07.003.11—modification of development permit.Accessory Dwelling Units:(1)LOC 50.03.004.1.b.vi(1)(e)—No variance of site development requirements of the underlying zone permitted solely to site ADU;(2)LOC 50.03.004.1.b.vi(h)—no variance to front facade entrance placement prohibition for internal conversions.] The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 552/669 LOC 50.08:VARIANCES (Ord.2847,Amended,01/04/2022;Ord.2768,Amended,01/16/2018;Ord.2644,Amended,04/07/2015;Ord.2579, Repealed and Replaced,03/20/2012) 50.08.002 MINOR VARIANCES Revised 4/23 1. PURPOSE The purpose of a minor variance is to allow small adjustments to certain standards of this Code that generally have little or no impact on surrounding properties or users or on the streetscape. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. MINOR VARIANCE CLASSIFICATIONSRevised 4/23 15) a. A variance for a single-family dwelling,middle housing 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. Twenty percent or less reduction from yard setbacks or the Oswego Lake setback: (1) The resulting side yard setback is not less than five ft.;and (2) If located in the R-6 zone,a minor variance to front yard setbacks shall be limited to two ft.or less; or ii. 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. b. A variance from yard setbacks for a structure other than a single-family dwelling,middle housing dwelling,or associated accessory structures up to: i. Side or front yards:two ft.; ii. Rear yards:five ft.;or iii. Fifty percent or less of the required setback if necessary to preserve a tree provided: (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. c. A variance from minimum lot width of five ft.or less. d. A variance to the maximum floor area for single-family homes or middle housing dwellings of up to 15%; provided,that the lot in question has at least the following minimum lot area: TABLE 50.08.002-1:VARIANCE IN FLOOR AREA Zone Minimum Lot Size Required R-5 10,000 sq.ft. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 553/669 LOC 50.08:VARIANCES TABLE 50.08.002-1:VARIANCE IN FLOOR AREA Zone Minimum Lot Size Required R-6 12,000 sq.ft. R-7.5 15,000 sq.ft. R-10 15,000 sq.ft. R-15 22,500 sq.ft. e. A variance to maximum fence,wall,retaining wall,or a combination thereof,height restrictions pursuant to LOC 50.06.004.2. f. A variance to the maximum grade of a driveway or access lane. g. A variance for construction of a dormer that does not exceed the height of the roof ridge in which the dormer is being constructed in an existing single-family or middle housing dwelling that is nonconforming relative to lot coverage or setbacks. h. A variance to distance of driveway from intersections(LOC 50.06.003.2.b). i. A variance to street frontage at the time of creation of subdivision lots(LOC 50.06.003.1.c). j. A variance to driveway and access lane width for flag lots(LOC 50.07.007.2.c). k. A variance to yard requirements for extension of existing nonconforming walls,provided: i. The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming,encroaching portion of the structure. ii. The resulting structure complies with the floor area,lot coverage and other setback requirements. iii. The variance shall not reduce the yard setback by more than 50%and shall not reduce any side yard setback to less than five ft. iv. No previous variance has been granted for an extension of the subject nonconforming wall. v. The expansion area shall be defined by the extension of two or more existing exterior walls. 1. A variance to dimensional requirements that is necessary due to prior errors in land surveying.Prior errors in land surveying are errors that were made before the applicant acquired the property or gained control of the property. m. A variance to a determination of the front yard(LOC 50.07.007.2.d)and orientation of the front of the house for flag lots(LOC 50.07.007.2.e.i(1)). n. A variance to the limitation on maximum height of roof-mounted solar energy system in LOC 50.04.003.4.b.ii. o. A variance to a standard of this Code required to comply with state or federal law based on the rights of the occupant,where the application identifies the state or federal law granting the right. p. A variance to one or more of the following standards established by the Lake Grove Village Center Overlay District(LGVCO)or a base zone district underlying the LGVCO by up to 20%or four feet,whichever is less: i. Yard setbacks in LOC 50.05.007.4.d,but not including Village Transition yard setbacks adjacent to residential zones or residential uses; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 554/669 LOC 50.08:VARIANCES ii. Build-to line(LOC 50.05.007.4.e.i); iii. Minimum street frontage(LOC 50.05.007.4.e.ii); iv. Parking facility edge landscaping requirement(LOC 50.05.007.6.e.viii(5));or v. Buffering area and screening requirements adjacent to R-7.5 or R-10 parcels(LOC 50.05.007.6.f.i). q. A variance to the accessory dwelling unit standards of LOC 50.03.004.1.b.vi(1)(d)and(e). (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2884,Amended,04/05/2022;Ord.2784, Amended,07/03/2018;Ord.2732,Amended,02/21/2017;Ord.2644,Amended,04/07/2015;Ord.2643,Amended, 11/04/2014;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) 3. MINOR VARIANCE CRITERIA 0 a. General Except as provided in subsection 3.b of this section,the reviewing authority may grant a minor variance from the requirements of this Code if the following criteria are met: i. The granting of the variance will not be detrimental to the public health or safety; ii. The granting of the variance will not be materially injurious to properties or improvements within 300 ft. of the property; iii. The granting of the variance will have little or no negative impact on the streetscape(e.g.,pedestrian environment or other aspects of the public realm that contribute to the neighborhood character);and iv. The proposed development will not adversely affect existing physical and natural systems such as traffic, drainage,Oswego Lake,hillsides,designated Sensitive Lands,historic resources,or parks,and the potential for abutting properties to use solar energy devices any more than would occur if the development were located as specified by the requirements of the zone. b. Compliance with State or Federal Law If the applicant asserts that a variance is necessary to comply with a state or federal law based on the rights of the occupant,and the reviewing authority determines that the request may be related to a state or federal legal right,the reviewing authority may grant a minor variance from the requirements of this Code if: i. The applicant and proposed use meet the qualifications for applicability under a state or federal law that may require the City to waive,adjust,or reasonably accommodate land use regulations;and ii. The requested variance is necessary to comply with state or federal law requirements for adjustment, waiver,or reasonable accommodation of land use regulations,e.g.,federal Fair Housing Act,Americans with Disabilities Act,Rehabilitation Act,Religious Land Use and Institutionalized Persons Act;and iii. The variance is the minimum necessary to comply with the applicable state or federal law. (Ord.2687,Amended,12/15/2015;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced, 03/20/2012) 4. RECORDATION AND TERMINATION OF MINOR VARIANCE a. If a minor variance pursuant to LOC 50.08.002.2.o(a variance based on a specific state or federal legal right of the occupant)is approved,notice of the conditions or events that will terminate the variance shall be recorded in the county deed records as follows: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 555/669 LOC 50.08:VARIANCES i. Variances that allow use of a lot not otherwise permitted by this Code but required under state or federal law shall expire upon termination of the occupancy of the lot by the activity,use,or individual/entity qualifying for the use variance under state or federal law. ii. Variances relating to the placement of the structure,the dimensional standards of the lot,or other variances relating to the structure(other than to the use of the structure)shall expire when the portion of the structure that received the variance is damaged or destroyed and occupancy of the lot by the activity,use,or individual/entity qualifying for the variance under state or federal law has ceased. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 50.08.003 DESIGN VARIANCES 1. PURPOSE The purpose of a design variance is to allow adjustments of certain standards of this Code where the resulting design would be superior to development in the surrounding neighborhood or would better achieve the purpose/objectives of the applicable zone or design districts and design standards. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. DESIGN VARIANCE CLASSIFICATIONS a. R-DD Design For exterior modifications of a single-family or middle housing dwelling in the R-DD zone built before 1960, minimum setbacks maybe reduced between two ft.and five ft.if the modification maintains at least 50%of the exterior walls(measured by sq.ft.)and does not increase height by more than 100%.Minimum setback adjustments of two ft.or less are exceptions to the R-DD district standards pursuant to LOC 50.04.003.3.c. b. Downtown Redevelopment Design District A variance from any standard of this Code,unless prohibited by LOC 50.08.001.2. c. Foothills Mixed Use District A variance from the FMU zone standards except height and floor area ratio standards(LOC 50.11.007,Appendix G). d. Lake Grove Village Center Overlay District A variance from any standard of this Code that cannot be approved through a minor variance pursuant to LOC 50.08.002.2.p,but not including variances to: i. Maximum building height limit(LOC 50.05.007.4.b.i); ii. Maximum lot coverage(LOC 50.05.007.4.c); iii. Village Transition Area yard setbacks adjacent to R-7.5 and R-10 parcels(LOC 50.05.007.4.d);or iv. Any matter prohibited by LOC 50.08.001.2,Variances Not Allowed. e. Residential Infill Design(RID)Review Except for properties located in the R-DD zone or a design district,variances from any of the following standards for residential dwellings and accessory structures where those standards prevent development that is otherwise compatible with the character of the neighborhood and surrounding residential development: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 556/669 LOC 50.08:VARIANCES i. Floor area; ii. Lot coverage; iii. Building height; iv. Yard setbacks; v. Street front setback plane; vi. Side yard setback plane; vii. Side yard appearance and screening; viii. Garage appearance and location; ix. Accessory structure standards; x. Oswego Lake setbacks; xi. Oswego Lake setback height and footprint requirements in LOC 50.04.003(7)(b);provided,that no accessory structure may exceed 18 ft.in height and no boathouse footprint may exceed 800 sq.ft.;and xii. Long wall planes. (Ord.2892,Amended,06/07/2022;Ord.2853,Amended,11/03/2020;Ord.2644,Amended,04/07/2015;Ord.2579, Repealed and Replaced,03/20/2012) 3. GENERAL DESIGN VARIANCE CRITERIA The reviewing authority shall only approve a design variance if it determines that the following criteria have been met.In the Downtown Redevelopment Design District(DRD),the following criteria apply only to design variances to the requirements in LOC 50.05.004.8 through 50.05.004.12 and to any other Code provision(other than the above DRD standards)for which a design variance is requested: a. The applicant demonstrates that: i. Compliance with the applicable standard is not practicable due to the physical characteristics of the site or existing structure;or ii. An alternative design will better accomplish the purposes,goals,or objectives of the base district and any adopted plan or overlay district applicable to the property. b. The applicant demonstrates that the proposed variance will: i. Result in a project that is exceptional in the quality of detailing,appearance and materials;or ii. Create a positive unique relationship to other nearby structures,views or open space;or iii. If in the DRD(within R-2 only),the variance is necessary to create a complementary relationship with a viable existing structure on an abutting lot that is not designed in the Lake Oswego style. c. If the subject property is located in the R-DD zone or the Foothills Mixed Use District,the applicant demonstrates that: i. The variance will not create an incompatible relationship between the proposed structure and the scale or character of the neighborhood,the scale or character of the street frontage,or the privacy of properties within 300 ft.of the subject property;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 557/669 LOC 50.08:VARIANCES ii. Any significant impacts to properties within 300 ft.of the applicant's property resulting from the variance are mitigated to the extent practical through building or site design features on the site. (Ord.2832,Amended,01/07/2020;Ord.2754,Amended,09/05/2017;Ord.2732,Amended,02/21/2017;Ord.2644, Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 4. DOWNTOWN REDEVELOPMENT DESIGN DISTRICT(EXCEPT WITHIN R-2)DESIGN VARIANCE CRITERIA FOR BUILDING SITING AND MASSING,BUILDING DESIGN,AND VIEW PROTECTION REQUIREMENTS The reviewing authority shall only approve a design variance to the requirements in LOC 50.05.004.5 through 50.05.004.7 if it determines that the following criteria have been met: a. At least one of the criteria in subsections 4.a.i through v of this section: i. The variance is necessary to create a complementary relationship with a viable existing structure on an abutting lot that is not designed in the Lake Oswego style; ii. Compliance with the applicable standard is not practicable due to the physical characteristics of the site or existing structure; Hi. The variance is necessary to allow a unique building function of a permitted use in the zone; iv. The variance is necessary to allow one or more of the following features where the feature exceeds the minimum requirements of LOC Chapter 50 and other City regulations: (1) Renewable energy production(solar,geothermal,or wind); (2) Enhanced indoor air quality; (3) Use of daylight for interior lighting; (4) Protection of views of Lakewood Bay or Mount Hood; (5) Acoustic building performance; (6) Water efficiency,such as rainwater harvesting; (7) Increased seismic resiliency;or v. The alternative design better accomplishes the objectives of the East End Redevelopment Plan or the objectives and principles of the Urban Design Plan. b. And the variance: i. Results in a project that is exceptional in the quality of detailing,appearance and materials;and ii. Creates a positive unique relationship to other nearby structures,views or open space,and streetscapes. (Ord.2832,Amended,01/07/2020;Ord.2754,Amended,09/05/2017;Ord.2732,Amended,02/21/2017;Ord.2668, Amended,12/01/2015;Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 5. LAKE GROVE VILLAGE CENTER OVERLAY(LGVCO)DESIGN VARIANCE CRITERIA The reviewing authority shall only approve a design variance in the LGVCO District if it determines that the application meets criteria in LOC 50.08.003.3.a and 50.08.003.3.b,and also meets the following criteria: a. The variance will not adversely affect existing physical and natural systems such as traffic,access,circulation, connectivity,drainage,designated Sensitive Lands,historic resources,or parks,and the potential for abutting properties to use solar energy devices any more than would occur if the development fully met the LGVCO standards;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 558/669 LOC 50.08:VARIANCES b. The applicant shall present an analysis of alternative designs in relation to variances from LGVCO standards requested to demonstrate that the application avoids the need for variances to the degree practicable;and c. The proposed design achieves the listed policies of the Lake Grove Village Center Plan better than would result if the LGVCO standards were fully met after considering each of the following goals and policies,as applicable: TABLE 50.08.003-1:GOALS CONSIDERED FOR VARIANCE Goal Title Policies Enhance the Pedestrian Environment and Connectivity 3.1,3.2,3.3,3.4 Within the Village Center Strengthen the Lake Grove Sense of Place and Community 5.1,5.4 Enhance Village Character 6.1,6.2,6.3,6.4,6.5 Protect the Residential Character of Adjoining 7.1,7.2 Neighborhoods Protect Natural Resources and Enhance the Natural 8.1,8.2,8.4,8.5,8.6 Environment Within the Village Center Support Businesses in the Village Center 9.3,9.4,9.6 d. For variances to setbacks or site perimeter landscaping and buffering standards,the applicant shall demonstrate that: i. If the requested variance is for a setback or landscaping or buffering required at the perimeter of the site that is adjacent to R-7.5 or R-10 zones,the applicant considered alternative site plans that adjusted internal landscaping or other dimensional standards internal to the site and there is no practicable alternative to the requested variance at the perimeter of the site. ii. If the requested variance is to a landscaping and buffering standard required around the perimeter of the site and is adjacent to any zone other than R-7.5 or R-10,the applicant considered alternative site plans to adjust internal landscaping and there is no practicable alternative to the requested variance at the perimeter of the site. (Ord.2687,Amended,12/15/2015;Ord.2644,Added,04/07/2015) 6. RESIDENTIAL INFILL DESIGN(RID)REVIEW VARIANCE CRITERIA The reviewing authority may grant a residential infill design(RID)variance for a residential dwelling or accessory structure in a residential zone if it determines that the criteria in LOC 50.08.003.3.a and 50.08.003.3.b and the additional criteria below have been met.In making these determinations,the reviewing authority shall consider the pattern and character of development of all lots within 300 ft.of the subject site and shall also consider any neighborhood design objectives or guidelines for residential development that have been adopted by the local neighborhood association. a. Residential Dwelling or Accessory Structure Size A variance to the following standards may be approved when a more compatible,positive relationship between the size of a proposed residential dwelling or accessory structure and the scale and character of a neighborhood can be demonstrated in other ways: Floor area; Lot coverage; Yard setbacks; Building height; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 559/669 LOC 50.08:VARIANCES Accessory structures; Boathouse footprint in the Lake Oswego setback; Long wall planes;and Height of accessory structures in the Oswego Lake setback(except as limited by subsection(2)(e)(xi)of this section). That relationship shall be evaluated by considering the degree to which a proposed design offers features that diminish the perceived scale and improve the perceived character of greater size.That review will include consideration of: i. Distance and visibility from street and adjoining properties; ii. Topography; iii. Building number(more smaller versus one larger,for example); iv. Building form(s),massing and orientation;and v. Landscaping. b. Relationship to the Street A variance to the following standards may be approved when a more compatible,positive relationship between a proposed design and the scale and character of the street can be demonstrated in other ways: Front yard setback; Front setback plane;and Garage door openings. That relationship will be evaluated by considering the degree to which a proposed design offers features that enhance the perceived scale and character of the street from a pedestrian's perspective.While the scale and character will vary from neighborhood to neighborhood and from street to street,a positive contribution is typically one that enhances the safety and experience of a pedestrian using the street.That review will include consideration of: i. Distance and visibility from street; ii. Prevailing patterns of front yard setback,building alignment and spacing(rhythm); iii. Topography; iv. Preservation of existing trees and features of perceived value to the street; v. Perceived building form,proportion,massing and orientation relative to the street; vi. Porch and/or entry location and treatment relative to the street; vii. Garage distance and visibility from the street; viii. Perceived size and scale of garage doors from the street; ix. Perceived area and scale of driveways and parking areas from the street; x. Fencing or screens;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 560/669 LOC 50.08:VARIANCES xi. Landscaping. c. Relationship to the Neighbors A variance to the following standards may be approved when a more compatible,positive relationship between a residential dwelling or accessory structure and the scale,character and privacy of its neighbors can be demonstrated in other ways: Side yard setback; Side yard setback plane; Side yard appearance and screening;and Long wall planes. That relationship will be evaluated by considering the degree to which a proposed design offers features that enhance perceived scale,character and privacy relative to adjoining properties.While the scale,character and privacy of one building relative to another will vary from street to street,and from lot to lot,a positive contribution is typically one that adjusts the location and perceived scale,character and views from or to a new residential dwelling or accessory structure to avoid visual conflict with neighbors.That review will include consideration of: i. Distance and visibility from adjoining properties; ii. Preservation of existing trees and features of perceived value to adjoining properties; iii. Topography; iv. Perceived building height,form,proportion,massing and orientation relative to adjoining properties; v. Treatment of elevations exposed to adjoining properties; vi. Perceived sight lines to and from windows,decks and outdoor living spaces; vii. Fencing or screening;and viii. Landscaping. (Ord.2853,Amended,11/03/2020;Ord.2644,Added,04/07/2015) 50.08.004 MAJOR VARIANCES 1. PURPOSE The purpose of a major variance is to allow more significant adjustments to the standards of this Code when,owing to special circumstances or conditions beyond the applicant's control,application of the Code standards would result in undue and unique hardship,or that failure to grant a variance would result in Code standards applicable to the property creating a taking of private property without compensation under state and federal law. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) 2. MAJOR VARIANCE CLASSIFICATION 116 A variance to any other requirement of this Code that is not eligible for approval through the minor variance or design variance process,unless expressly prohibited by LOC 50.08.001.2,Variances Not Allowed. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 561/669 LOC 50.08:VARIANCES 3. MAJOR VARIANCE CRITERIA a. Major Variance Criteria The reviewing authority may grant a major variance from the requirements of this Code if: i. The request is necessary to prevent unnecessary hardship based on the following considerations: (1) The physical circumstances of the property involved; (2) Whether a hardship was created by the person requesting the variance; (3) The economic impact on the applicant if the variance is denied;and (4) Other factors deemed relevant by the reviewing authority. ii. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property affected by the request based on the following considerations: (1) An analysis of the physical impacts such development will have,such as visual,noise,traffic and the increased potential for drainage,erosion and landslide hazards; (2) The perceptions of residents and owners of property in the neighborhood concerning the incremental impacts occurring as a result of the proposed variance;and (3) Other factors deemed relevant by the reviewing authority. iii. The request is the minimum variance necessary to make reasonable use of the property. (Ord.2644,Amended,04/07/2015;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 562/669 LOC 50.09:ENFORCEMENT AND PENALTIES LOC 50.09:ENFORCEMENT AND PENALTIES 50.09.001 VIOLATIONS 50.09.002 ENFORCEMENT 50.09.003 PENALTIES 50.09.001 VIOLATIONS 1. VIOLATIONS a. Any development which occurs contrary to the provisions of this Code or contrary to any permit or approval issued or granted hereunder is hereby declared to be unlawful and a public nuisance,and may be abated pursuant to LOC 34.08.400 to 34.08.490. b. It shall be a violation of this Code for a property owner or homeowners association to amend or rescind or fail to comply with any covenant,condition or restriction required by the City pursuant to a development approval without approval of the City. (Ord.2579,Repealed and Replaced,03/20/2012) 2. EVIDENCE OF VIOLATION Proof of a violation of this Code or permit,or approval issued or granted hereunder shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the unlawful use,activity,condition, building,structure or other development exists.Prosecution,or lack thereof,of the owner of the property,the occupant,or other person in possession or control of property shall not be deemed to relieve any other responsible person. (Ord.2579,Repealed and Replaced,03/20/2012) 50.09.002 ENFORCEMENT 1. DUTIES OF CITY MANAGER a. It is the duty of the City Manager to enforce the provisions of this Code. b. It shall be the duty of the City Manager to ensure compliance with conditions of approval or postponement of any approvals or actions related to LOC 50.06.009,Historic Preservation. (Ord.2612-A,Amended,05/21/2013;Ord.2579,Repealed and Replaced,03/20/2012) 2. ABATEMENT Upon request of the City Manager,the City Attorney may institute an appropriate action in any court to enjoin the maintenance of any use,occupation,building or structure which is in violation of any provision of this Code. (Ord.2579,Repealed and Replaced,03/20/2012) 3. REVOCATION OF PERMIT Upon referral by the City Manager,the Development Review Commission may hold a hearing pursuant to LOC 50.07.003.3.c,50.07.003.4,and 50.07.003.15.b to consider revocation of an approved permit and/or revocation of a certificate of occupancy.The DRC may revoke any permit approval or certificate of occupancy based upon one or more of the following fmdings: a. The applicant or the applicant's representatives either intentionally or unintentionally committed a material misrepresentation of fact in the application or the evidence submitted in support of the application.For the purposes of this section,"material misrepresentation of fact"means a misstatement of factual information that: i. Was submitted by the applicant in support of the application; ii. Could have been corrected by the applicant at the time of application;and iii. Formed the sole basis for approval of the application pursuant to an applicable approval criterion. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 563/669 LOC 50.09:ENFORCEMENT AND PENALTIES A"material misrepresentation of fact"does not include misstatements of fact made by City staff or caused by failure by another party to appear or adequately testify. b. The applicant or successor in interest failed to complete the work within the time or in the manner approved without obtaining an extension of time or modification of the permit from the granting authority. c. The applicant or successor in interest failed to maintain or use the property in accordance with the approved permit or conditions of approval. (Ord.2643,Amended,11/04/2014;Ord.2579,Repealed and Replaced,03/20/2012) 4. INJUNCTIVE RELIEF—HISTORIC PRESERVATION Upon request of the City Manager,the City Attorney may institute an appropriate action in any court to enjoin the demolition,alteration or moving of any historic resources,or noncontributing resource or construction on or to any landmark or within any historic district which is in violation of any provision of this section. (Ord.2579,Repealed and Replaced,03/20/2012) 5. FAILURE TO FULFILL OBLIGATION,LIEN CREATED a. If the City Manager determines that an applicant has failed to fulfill the obligations referred to in LOC 50.07.003.9,Improvements and Security,written notice shall be given detailing the failure and stating the City's intention to use the security given to complete the obligation.If the City completes the obligation and the security required by LOC 50.07.003.9,Improvements and Security,is not sufficient to compensate the City for costs incurred,the excess amount due to the City,plus a 10%administrative charge,is a lien in favor of the City and upon the real property subject to the obligation. b. The lien attaches upon entry in the City lien docket and the giving of notice of the claim for the amount due for the completion of the obligation.The notice shall demand the amount due,allege the insufficiency of the bond or other security to compensate the City fully for the cost of the fulfillment of the obligation,and allege the applicant's failure to complete the required obligation. c. The lien may be foreclosed in the manner prescribed by ORS Chapter 223 for foreclosing liens on real property. (Ord.2579,Repealed and Replaced,03/20/2012) 6. COMPLAINT PROCEDURES AND CORRECTIVE ACTION—FENCES (Repealed by Ord.2853,11/03/2020) 50.09.003 PENALTIES 1. CIVIL VIOLATION,SEPARATE VIOLATIONS A violation of any provision of this Code is a civil violation and shall be enforced pursuant to the provisions of LOC 34.04.101 to 34.04.145.Each day that the violation exists shall constitute a separate violation. (Ord.2579,Repealed and Replaced,03/20/2012) 2. CUMULATIVE REMEDIES The rights,remedies and penalties provided in this Code are cumulative,are not mutually exclusive,and are in addition to any other rights,remedies and penalties available to the City under any other provision of law.A person holding a City business license who violates the provisions of this Code is also subject to a proceeding to consider revocation of the license pursuant to LOC 20.02.085. (Ord.2579,Repealed and Replaced,03/20/2012) 3. HISTORIC PRESERVATION a. A violation of any provision of LOC 50.06.009,except the demolition provisions of LOC 50.07.004.4.a.iii and 50.06.009.6.b,is a civil violation and shall be enforced pursuant to the provisions of LOC 34.04.101 to 34.04.145. Each day that the violation exists constitutes a separate violation.The demolition of a landmark in violation of LOC 50.07.004.4.a.iii or 50.06.009.6.b is a misdemeanor and shall be punished as provided in LOC 34.02.081,Criminal Penalties. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 564/669 LOC 50.09:ENFORCEMENT AND PENALTIES b. For neglect of landmark: i. It shall be a civil violation for an owner to not remedy the condition(s)constituting neglect of landmark within the date specified in the City Manager's notice and order. ii. The City Manager may initiate civil violation proceedings pursuant to LOC Article 34.04 against the owner of the landmark building. iii. The violation shall be punishable by a fine as provided in LOC 13.02.020. iv. As a cumulative remedy in addition to civil violation,upon request of the City Manager,the City Attorney may institute an appropriate action in any court to enjoin the neglect of landmark which is in violation of any provision of this section. (Ord.2841,Amended,09/01/2020;Ord.2579,Repealed and Replaced,03/20/2012) 4. FLOODPLAIN MANAGEMENT No structure or land shall hereafter be constructed,located,extended,converted,or altered without full compliance with the terms of this ordinance and other applicable regulations.Violations of the provisions of this ordinance by failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with conditions)shall constitute a civil violation and shall be enforced pursuant to the provisions of LOC 34.04.101 to 34.04.145.Each day that the violation exists shall constitute a separate violation.The maximum fine amount per civil violation shall be as provided in LOC 13.02.020.Nothing contained herein shall prevent the City Manager from taking such other lawful action as is necessary to prevent or remedy any violation. [Editor's Note:"This ordinance"is the text adopted by Ord.2847,enacting new and amendments to the flood management area provisions(LOC 50.05.011)and related sections.] (Ord.2847,Added,01/04/2022) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 565/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Revised 4/23 50.10.001 RULES OF CONSTRUCTION 50.10.002 RULES OF MEASUREMENT 50.10.003 DEFINITIONS Revised 4/23 50.10.001 RULES OF CONSTRUCTION [Reserved] (Ord.2579,Repealed and Replaced,03/20/2012) 50.10.002 RULES OF MEASUREMENT [Reserved] (Ord.2579,Repealed and Replaced,03/20/2012) 50.10.003 DEFINITIONS Revised 4/23 1. INTERPRETATION a. For the purposes of this Code certain terms and words are defined as follows:the words"used for"include "designed for"and vice-versa;words used in the present tense include the future,the singular tense includes the plural and vice-versa;the word"shall"is always mandatory;the word"may"is discretionary;the masculine gender includes the feminine gender,except as otherwise provided. b. In the case of conflict between two similar or identical terms,the term identified as Historic Preservation or Solar Access shall take precedence over the general term when applied to historic preservation or solar access requirements. (Ord.2841,Amended,09/01/2020;Ord.2709,Amended,05/17/2016;Ord.2579,Repealed and Replaced, 03/20/2012) 2. DEFINITION OF TERMSRevised 4/23 The following terms shall mean,except as may be otherwise defined for a specific section: 100-Year Flood See LOC 50.05.011.3.c,"Flood,Base." AASHTO American Association of State Highway and Transportation Officials. Abut Contiguous to;for example,two lots with a common property line.However,"abut"does not apply to buildings, uses,or properties separated by public right-of-way,rivers or canals. Abutting parcels Parcels of land that share a common boundary. Access The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 566/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The place,means or way by which pedestrians or vehicles have ingress to and/or egress from a lot or use.(But see "Access"definition for purposes of Access/Access Lanes(Flag Lots)development standard,LOC 50.06.003.1.a.) Access Lane The area on private property that extends from the public right-of-way and is permitted to provide ingress and egress for two to three lots by applicable surface modes of travel. Accessory Structure(Accessory Building) Any detached structure the use of which is subordinate and consistent with that of the primary structure and which is consistent with the structures and uses allowed in the zone in which it is located.Examples:play structures,sheds, and gazebos. Accessways A strip of land intended for use by pedestrians and bicyclists that provides a direct route where the use of public roads would significantly add to the travel time and/or distance. Adjacent Touching;across a public right-of-way from;across an easement from;across a small stream or creek from. Aerial A privately owned and operated antenna for noncommercial uses subject to height limitations as specified in LOC 50.04.003.4,General Exception to Structure Height Limitations.For the purposes of this Code,"aerial"includes ham radio antennas and is not a"telecommunications facility." Agriculture Farming,including plowing,tillage,cropping,installation of best management practices,seeding,cultivating,and harvesting for the production of food and fiber products(except commercial logging and timber harvesting operations);the grazing and raising of livestock(except in feedlots);aquaculture;sod production;orchards; Christmas tree plantations;nurseries;and the cultivation of products as part of a recognized commercial enterprise. Alley Public right-of-way which provides a vehicular means of access to abutting property from other than a street. Alter To change or modify the construction or occupancy of a building,structure,site feature,or use of land. Alteration(Historic Preservation) Alteration:An addition to,or removal of a portion of,or reconfiguration of a landmark that changes an elevation of a landmark or contributing resources(not applicable to National Register properties;see"Demolition.") Alteration,Major(Historic Preservation) An exterior alteration that is not a minor alteration. Alteration,Minor(Historic Preservation) An alteration(historic preservation)that does not: a. Change the height of the building; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 567/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT b. Make a substantial change to an elevation visible from the public right-of-way,a public open space,or Oswego Lake; c. Increase the floor area more than 20%provided the building addition is not visible from the public right-of-way, a public open space,or Oswego Lake;and d. Reduce the square footage of the original structure other than removing previous additions or treatments that did not contribute to the historical or architectural significance of the landmark as stated in the findings of fact for the landmark designation. Ambulance Services Facility that stores and dispatches ambulances that provide emergency medical services to patients during their transport to a medical facility for medical treatment and care. Applicant The owner of land,a representative designated in writing by the owner,a contract purchaser,City representative or other person requesting some action under the terms of this Code. Arcade,Gaming An establishment or room set aside in a retail or commercial business where three or more amusement devices are operated.An"amusement device"is a machine or device for the purpose of amusement or skill and for the playing of which a fee is charged,such as a video game or pinball machine. Archaeological Resource An archaeological site or materials for which a permit is required by ORS 390.235 to excavate or alter. Art Gallery A room or series of rooms where works of art are publicly exhibited for display or sale. Auto and Light Vehicle Rental A business that uses a building or land area for the parking and short-term rental of automobiles,light trucks, snowmobiles,motorcycles,and other vehicles with a gross vehicle weight of under 10,000 pounds,including incidental storage,maintenance,and servicing.This does not include sales of boats,which is listed as a separate use. Auto and Light Vehicle Sales A business that is primarily engaged in the retail sale of new and used automobiles,light trucks,snowmobiles, motorcycles,and other vehicles with a gross vehicle weight of under 10,000 pounds,including incidental storage, maintenance,and servicing of the vehicles offered for sale.This does not include sales of boats,which is listed as a separate use. Auto Service Station and Light Vehicle Repair A business primarily engaged in selling and installing vehicle parts,gasoline and lubricating oils,batteries,and tires, or servicing automobiles,boats,and other light vehicles.This use may include accessory sales or related goods.The use does not include vehicle painting,body work,tire recapping or mechanical car washing equipment capable of washing more than one car at a time. Artificial Sky Glow(Lighting) The brightening of the night sky attributable to sources of light that are not generated by nature. Average Daily Traffic The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 568/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The known average of the number of vehicles which pass a given point in a 24-hour period. Average Daily Trip(ADT) The estimated or known trip average of the number of one-way trips generated by a particular use during a 24-hour period. Backfill The material placed in a trench over a sewer or water pipe,or other utility structure. Bakery A facility for the production,distribution,or retail or wholesale sale of baked goods,primarily for consumption off site.The products may be prepared either on or off site.Such use may include incidental on-site food and beverage consumption that complements consumption of baked products. Balanced Cut and Fill The placement of fill material that is balanced with removal of an equal amount of material,such as sand,gravel, soil,rock,and building materials. Bar A business that primarily dispenses alcoholic beverages,such as beer,wine or liquor,and in which the sale of food products such as sandwiches and light snacks is secondary. Base Flood See LOC 50.05.011.3.c,"Flood,Base"definition. Base Height The height allowed by the underlying zone district prior to the application of any height exceptions that may be authorized by the Code. Basement Any area of a building having its floor subgrade(below ground level)on all sides. Bay Window A composite of two or more windows,or rounded windows,projecting(cantilevered)from the outer wall of a building and forming a recess within. Bikeway Any road,path,or way which is open to bicycle travel,regardless of whether such facilities are designated for the exclusive use of bicycles or are shared with other transportation modes. Board(Historic Preservation) The Historic Resources Advisory Board. Boat Dock A structure built along the shore of a river,lake,canal or navigable stream for use by boats for moorage and loading and unloading passengers and materials. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 569/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Boat Sales and Repair A business primarily engaged in the retail sale and repair of new and used boats and boat accessories,including incidental storage and maintenance of boats offered for sale or to be repaired. Boathouse A roofed structure built along the shore of a river,lake,canal or stream for the purpose of storing a boat or other watercraft and accessories.Incidental uses of a boathouse include,but are not limited to:sanitary facilities (including shower),cooking facilities,rooftop decks(including stairs,whether interior or exterior).The following uses are not permitted within a boathouse:habitable room(s),office,sleeping facilities,eating facilities. Bodies of Water Any outdoor swimming pool,spa or hot tub as defined by the State of Oregon One and Two Family Dwelling Specialty Code. Build-to Line The maximum distance a building may be set back from the front property line. Building Any structure used or intended for supporting or sheltering any use or occupancy.If the building is located across separate parcels or lots and the portions of the building are separately owned,the"building"shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot. Building Envelope The area within the setback lines required by this Code for any lot. Building,Main A building within which the principal use of a lot is conducted. Building Regulations The specialty codes as adopted by LOC Chapter 45. By-Pass A drainage system to carry stormwater runoff around or through a specific area. Cabana Waterfront single-family dwelling or cluster development over the water on pilings. Caliper or Caliper Inch Where this Code requires a minimum caliper or caliper inch tree,the caliper inch of the tree proposed to meet the requirement is determined by: a. If the required caliper inch is less than four in.,the circumference of the tree trunk is measured six in.above the root ball(for nursery stock or other trees not in ground),or,if planted,the ground. b. If the required caliper inch is four in.or more,the circumference of the tree trunk is measured 12 in.above the root ball(for nursery stock or other trees not in ground),or,if planted,the ground.The circumference(in inches)is divided by 3.14 to determine the caliper inch of the tree. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 570/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Candela(Lighting) The unit of luminous intensity of a lighting source emitted into a given direction. Canopy A nonmovable roof-like structure attached to a building. Canopy Footprint(Lighting) The area on the ground enclosed by vertical planes extending downward from the outer solid edge of a structure's canopy. Capacity The effective ability of a pipe,conduit or other structure usually related to a sanitary sewer or water distribution system to carry the substance being transmitted by that system.Is usually expressed in gallons per minute or cubic ft.per second. Car Wash A structure,or portion of a structure,containing facilities for the commercial washing of motor vehicles by hand or by using production-line,automated or semi-automated methods for washing,whether or not employing a chain conveyor,blower,steam-cleaning or similar mechanical devices. Carpool A group of two or more commuters,including the driver,who share the ride to and from work or other designation on a regularly scheduled basis. Carport A permanent roofed structure,open on at least one side,designed to provide covered parking for one or more motor vehicles(see"Garage"). Cemetery Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes,including columbaria,crematories,mausoleums and mortuaries. Certified Arborist An arborist who has passed the International Society of Arboriculture Certification Exam. City The City of Lake Oswego;its officers,employees and agents. City Engineer The person holding the position of City Engineer of the City of Lake Oswego or designee of the City Engineer. City Manager or Manager The person holding the position of City Manager or any officer or employee of the City of Lake Oswego. Cleanout The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 571/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A vertical opening providing equipment access to the end of a sanitary sewer line for purposes of flushing or cleaning the line. Closed-End Street A street that has only one connection to any other existing through street or planned through street.Cul-de-sacs and dead-end streets are examples of closed-end streets. Commercial Education A school that offers special training in specific trades or occupations,such as mechanics or technology,or in a particular art or skill,such as music or business skills,and that does not meet the definition of a commercial recreation facility or an educational institution. Commercial Recreational Facility A facility that provides public amusement,or recreation,including swimming pools,water slides,athletic fields for organized competitive games,billiard and pool parlors,bowling alleys,ice or roller skating rinks,miniature golf, batting cages,skateboard parks,driving ranges,and go-kart tracks,that is operated primarily for financial gain. Commission The City of Lake Oswego Development Review Commission or Planning Commission,depending on context. Community Garden An area for cultivation of food crops and/or ornamental plants operated by a public or non-profit entity for more than one person or family with plots allocated among the participants or members,but where crops are not sold commercially. Comprehensive Plan The Comprehensive Plan adopted by the City of Lake Oswego,as it now exists or is hereafter amended. Conflicting Uses A"conflicting use"is one which,if allowed,could negatively impact a Statewide Planning Goal 5 resource site. Conflicting Uses(Historic Preservation) The development or redevelopment planned for a property which may result in demolition,alteration or moving of a landmark or contributing resource.In the absence of a development proposal,the identified conflicting use is the most intensive use allowed in the zone. Congregate Housing Multi-unit housing that:(a)consists of self-contained apartments with cooking facilities;and(b)complies with one of the following:(i)at least 80%of the apartments are occupied by at least one person 55 years of age or older;or (ii)the housing supports independent lifestyles for those who have a disability as defined in the federal Americans with Disabilities Act,including any amendments thereto,and who do not require residential care or skilled nursing services;and(c)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 a residential care facility are not provided in association with congregate housing. Continuing Care Retirement Community(CCRC) An age-restricted development that provides a continuum of accommodations and care,from independent living to convalescence care and long-term skilled nursing care,and enters into contracts to provide lifelong care.A CCRC The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 572/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT typically includes a full range of living arrangements from independent living,congregate housing,residential care and skilled nursing and sometimes hospice care.CCRCs provide a range of ancillary facilities and services such as health care,meals with common dining facilities,physical therapy,education,recreation,and other social and cultural activities. Contributing Resource(Historic Preservation) A structure,site,or object in a historic district,and the property surrounding it,if so designated pursuant to this section,which is 50 years old or older,which may have received alterations,but retains its overall physical integrity, contributes to the integrity of the historic period represented in the district,but individually does not merit landmark status.A contributing resource must be specifically designated pursuant to the provisions of this section. Convent A local community or house of a religious order or congregation. Cornice The horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on the street(characterized by entrances,shops,service space,loading areas and lobbies)and office/residential uses on levels above. Cottage Cluster A grouping of no fewer than five and no more than eight detached cottage cluster dwellings,which includes a common courtyard. Courtyard An open space surrounded or mostly surrounded by walls or buildings.Commercial courtyards shall consist of some textured materials or pavers and shall contain one or more of the following elements:landscaping,fountain,arbor, or outdoor furniture. Courtyard,Common A common area for use by residents of a cottage cluster. Creek A natural stream of water typically smaller than and often tributary to a stream or a river. Crematorium A building with a furnace for cremating dead bodies,either animal or human,that may be located in a mortuary or as a separate use. Crown Cover The area directly beneath the crown and within the drip line of a tree or shrub.The crown consists of the above ground branches,stems,and leaves. Cultural Resource(Historic Preservation) Evidence of an ethnic,religious or social group with distinctive traits,beliefs and social forms. Curfew(Lighting) A time each night after which certain electric illumination must be turned off or reduced in intensity. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 573/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Cut or Excavation Any act by which soil or rock is cut into,dug,quarried,uncovered,removed,displaced or relocated. Damaged A building or site feature,or part of a building or site feature,that has been mined or destroyed by intentional or unintentional actions of persons or inanimate objects,or by natural forces,so that its function and usefulness have been impaired,or its value has been diminished so that it needs to be reconstructed or repaired to restore its functionality and value.Damage does not include dismantling of a building or site feature or portion of a building or site feature in the course of voluntary reconstruction or repairs. Day Care Center A business providing care,protection and supervision for any number of children or adults on a regular basis away from their primary residence for less than 24 hours per day that does not meet the definition of a Certified Family Child Care Home or a Registered Family Child Care Home.This use includes preschools and adult day care facilities. dBA The weighted sound pressure level measured by the use of a sound level meter using an A-weighted network and reported as decibels.Measurement used to describe the relative loudness of sounds in the air as perceived by the human ear. Deck A non-enclosed platform(excluding above-grade entry walkways)constructed on or above the ground,used for several purposes,including leisure,social gatherings,etc. Delineated Resource An RP district stream corridor or wetland,or an RC district or HBA overlay tree grove delineated pursuant to LOC 50.07.004.8.d. Delineation(Resource) An analysis of a resource by a qualified professional that determines its boundary to plus or minus two ft.A resource delineation includes a survey map of the resource prepared by a professional surveyor or engineer. Demolish(Historic Preservation) Landmark:To raze,destroy,dismantle,deface or in any other manner cause partial or total destruction of a landmark or contributing resource. National Register Properties:See LOC 50.06.009.9.b. Density Transfer Area Potentially hazardous or resource areas within which development may occur or from which density may be transferred to buildable portions of an eligible site,only after it has been demonstrated by the applicant that development can occur in compliance with criteria established by this Code,including the development standards. "Density transfer area"includes the following: a. Area within the floodway and the floodway fringe as shown on the FEMA flood maps; b. Area of over 25%slope; c. Area in known landslide areas or in areas shown to have potential for severe or moderate landslide hazard; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 574/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT d. Area in the RC or RP districts and HBA protection area pursuant to LOC 50.05.010.4.c,Density Transfer, stream buffer areas of major stream corridors,wetlands and distinctive natural areas;and e. Area to be dedicated as part of the development for public open space and parks. Detached A horizontal separation of three ft.or more,between the subject structure and nearby structures. The separation shall be from eave to eave,or where there are no eaves,the separation shall be measured between the closest elements(excluding breezeways no more than eight ft.in width measured from eave to eave,air conditioning units, heat pumps,and similar attached or connected fixtures to the structure)of the two structures.(If the distance of separation is less than three ft.between two structures,they shall be deemed to be"attached.") Detention The act of detaining or storing stormwater runoff for a short period of time during and after a storm. Development Any manmade change to improved or unimproved real property,including,but not limited to,construction, installation or alteration of a building or other structure,change of use,land division,establishment or termination of a right of access,storage on the land,grading,clearing,removal or placement of soil,paving,mining,dredging, filling,excavation,drilling operations or removal of trees. Development Permit Written authorization for a development to proceed as described in an application,such authorization having been given in accordance with this Code. Development Site The total area of parcel(s)or lot(s)prior to a development action,such as a partition or subdivision,or other development activity. Development(Solar Access) Any partition,subdivision or planned development for which a development permit is required. Development Standards LOC Article 50.06,inclusive,of this Community Development Code. Diameter at Breast Height or DBH The tree trunk diameter measured at 4.5 ft.(54 in.)above mean ground level at the base of the trunk,except that if a tree splits into multiple trunks above ground but below 4.5 ft.,the trunk is measured at its most narrow point beneath the split.The diameter is calculated by dividing the circumference by 3.14. Ditch A manmade water conveyance channel.Channels that are manipulated streams are not considered ditches. Drainage A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping;commonly applied herein to surface water. Drainage Pattern The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 575/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The surface and subsurface system for the removal of water from the land,including both the natural elements of streams,marshes,swales,and ponds,whether of an intermittent or continuous nature,and the man-made element which includes culverts,ditches,channels,retention or detention facilities,and the storm sewer system. Drainageway An open linear depression,whether constructed or natural,which functions for the collection and drainage of surface water.It may be permanently or temporarily inundated. Dripline The outer limit of a tree's branches,projected to the ground.The point where water dripping off the canopy will hit the ground. Driveway A vehicular accessway that has,as its primary purpose,the provision of a driveable connection between a structure or parking area on a lot and connecting to the shared access easement,access lane,or public street system. "Driveway"may include parking pads,turnaround areas,and parking lot aisles. Driveway Approach That portion of the driveway that is situated in the public right-of-way. Driveway Grade The ratio of the change in elevation to the change in horizontal distance traveled,measured along the steepest ten-ft. increment along the centerline of the traveled way.Grades are expressed in percent. Dry Cleaning or Laundry Plant A business where laundry or dry cleaning is performed in bulk and primarily for commercial and institutional customers.This use does not include self-serve laundromats or facilities where the public drops off or picks up dry cleaning or laundry that is cleaned off site. Duplex Two attached dwelling units on a lot. Dwelling,Caretaker or Watchperson A dwelling unit on a nonresidential property occupied by the person or family who oversees or guards the property. Dwelling,Cottage Cluster A single detached dwelling within a cottage cluster. Dwelling,Live-Work A building that contains one or more commercial or office spaces on the first floor connected to residential units above or behind the commercial or office space,and the ownership of the building is not divided between the residential and commercial portions of the building. Dwelling,Multi-Family A building on one or more lots designed to contain five or more dwelling units that share common walls or floor/ceilings with one or more units.The land underneath the structure is not divided into separate lots."Multi- family dwelling"includes structures commonly called garden apartments,apartments and condominiums. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 576/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Dwelling,Single-Family,Detached A detached dwelling unit designed and used for that purpose,located on its own lot,that does not share walls with any other primary dwelling. Dwelling Unit One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living,sleeping,sanitary facilities,cooking and eating. [Cross-Reference:See also"Family"definition referring to occupancy of dwelling unit as a single housekeeping unit.] Dwelling Unit,Accessory An accessory dwelling unit(ADU),either internal to,attached,or separate from a detached single-family dwelling unit and on the same lot as that dwelling.The following dwelling configurations shall constitute an ADU regardless of whether the occupants of the second dwelling unit are a part of the family of the occupants of the primary dwelling unit: a. An accessory structure that contains all of the elements of a dwelling unit within the accessory structure and the accessory structure complies with LOC 50.03.004.1.b.vi;or b. A portion of the primary structure that contains the elements of an ADU pursuant to LOC 50.03.004.1.b.vi,and the other portion of the primary structure meets the definition of"dwelling unit,"and the two portions are physically separated from each other so that the usual and customary use of the two portions of the structure is as separate dwelling units,not as a single,interconnected housekeeping unit. Easement A grant of the right to use designated land for specific purposes. Ecoroof A vegetated roof system that serves as a stormwater facility as reviewed and approved by the City Engineer. Educational Institution Public or private institution at the kindergarten,primary,elementary,middle,high school,or post-secondary level that provides educational instruction to students,generally leading to a certificate or diploma based on a curriculum recognized by the state of Oregon,and that holds all required licenses from the state for the services it provides.This use does not include facilities meeting the definition of a"day care center,""certified family child care,""registered family child care,""commercial education,"or"commercial recreation facility."Accessory uses may include play areas,cafeterias,recreational and sport facilities,auditoriums,administrative office facilities,and before-or after- school day care. Eligible/Contributing(Historic Preservation) A building,structure,object,or site originally constructed 50 years or more ago or is less than 50 years old,but is of exceptional historic or architectural significance and retains and exhibits sufficient historic integrity to convey a sense of history.If located within an existing or potential historic district,the building,structure,object,or site would strengthen the historic integrity of the district. Eligible/Significant(Historic Preservation) A building,structure,object,or site originally constructed 50 years or more ago or is less than 50 years old but is of exceptional historic or architectural significance and retains and exhibits sufficient historic integrity to convey a sense of history.If located within an existing or potential historic district,the building,structure,object,or site The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 577/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT would strengthen the historic integrity of the district and would qualify to be considered for designation as a landmark or contributing resource. Emergency Any event or circumstance causing or threatening life,injury to persons or property,and includes,but is not limited to,fire,explosion,flood,severe weather,drought,earthquake,volcanic activity,spills or releases of oil or hazardous material,contamination,utility or transportation disruptions,and disease. Equestrian Facility A facility designed and intended for boarding horses,educational programs,and the display of equestrian skills and the hosting of events including,but not limited to,show jumping,dressage,and similar events of other equestrian disciplines. Erosion Detachment and movement of soil or rock fragments by water,wind,gravity,frost and ice or by mechanical action caused by development activities. ESEE Analysis(Historic Preservation) An evaluation in which the economic,social,environmental and energy consequences to the community of designating or preserving a historic or cultural resource are considered and balanced with the community benefit of allowing change or loss of the historic or cultural resource to a conflicting use. ESEE Process Analysis The Economic,Social,Environmental,and Energy Analysis required under Statewide Land Use Planning Goal 5. The purpose of the ESEE analysis is to balance the relative value of an inventoried natural resource against conflicting uses and thereby determine an appropriate level of protection through land use regulations.The ESEE analysis that formed the factual basis for the Sensitive Lands Overlay Districts(LOC 50.05.010)and was used initially to designate properties for protection under the program is the Lake Oswego Resource Areas Report and ESEE analysis,dated April 1,1997,as revised on July 15,1997. Exceptional Significance(Historic Preservation) As used in"exceptional historic significance"or"exceptional architectural significance,"the quality of historic significance achieved outside the usual norms of age,association,or rarity. Exchange Carrier A provider of telecommunications services. Facade All the wall planes of a structure as seen from the one side or view.For example,the front facade of a building would include all of the wall area that would be shown on the front elevation of the building plans. Facade Lighting(Lighting) Floodlighting aimed solely at the facade of a building or structure. Family Persons living together in a dwelling unit as a single housekeeping unit. Family Child Care Home,Certified The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 578/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A certified family child care home is a child care facility located in a building designed as a single family dwelling that has a valid certificate issued by the state of Oregon under OAR 414-350 to care for a defined maximum number of children at any one time. Family Child Care Home,Registered A registered family child care home is the residence of a child care provider who has a current family child care registration issued by the state of Oregon under OAR 414-205 at that address and who provides care in the family living quarters. Farm Stand A temporary or permanent structure used for the sale of fresh produce and seasonal items,including flowers,holiday trees,and wreaths. Farming To cultivate or produce a crop on. Fence A freestanding structure,not including a hedge or other natural growth,resting on or partially buried in the ground and rising above ground level,used for confinement,screening,enclosure,security,or partition purposes.A railing provided for public safety purposes does not constitute a fence. Fenestration Doors and/or windows. Fill Placement of any soil,sand,gravel,clay,mud,debris and refuse or any other material,organic or inorganic. Fire Code The Oregon Fire Code as adopted or amended by LOC Chapter 15,and any other applicable provisions of LOC Chapter 15. Fire Department/Delivery Vehicle Turnaround An area providing space for the maneuvering of fire fighting vehicle or other vehicles(in the case of a delivery or loading area)consistent with LOC Chapter 15(Fire Protection). Fish and Wildlife Habitat Lands that contain significant food,water,or cover for native terrestrial and/or aquatic species of animals.Examples include forests,fields,riparian areas,wetlands,and water bodies. Fitness and Exercise Facility A business providing facilities primarily used for personal exercise or fitness,including but not limited to gyms, dance studios,martial arts schools,weight or aerobic training rooms,and yoga centers,but not for amusement,and that is operated or carried on primarily for financial gain. Flag Lot A lot that was created after September 6,1998,and: a. Has the actual building site located behind another lot;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 579/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT b. Takes access from the street via: i. A driveway or access lane that is part of the lot and the width narrows to less than the minimum lot width for the zone;or ii. An access easement. Flood Management Area See LOC 50.05.011.3.g. Floodplain(or flood plain) The area bordering a watercourse encompassing both the floodway fringe and the floodway inundated during the base flood.In addition to the above definition,for purposes of LOC 50.06.006.3.b,(Standards for Approval), "floodplain"shall include the land areas adjoining all streams,lakes,ponds,or wetlands that are subject to inundation by the base flood. Floor Area The gross building floor area excluding: a. Attic(the unfinished space between the ceiling joists of the top story and the roof rafters); b. Vent shafts; c. Courtyards; d. Garages,except as modified in: i. The R-5 zone(LOC 50.04.001.2.d.i(1),for residential development); ii. The R-6 zone(LOC 50.04.001.2.d.i(1),for outright permitted residential development); iii. The R-7.5,R-10,and R-15 zones(LOC 50.04.001.1.d.i(1),for dwellings); e. Allowable projections per LOC 50.04.003.8.a,Projections from Buildings; f. Decks; g. Patios; h. Uncovered exit stairs; i. Uncovered,above-grade driveways;and j. Seasonal restaurant enclosures. Floor Area Ratio(FAR) The ratio of the floor area to the lot size.The greater the FAR,the greater the floor area relative to the size of the lot. For example,a building occupying one-fourth of the net site areas has a FAR of 0.25:1,or 0.25;adding a complete second floor to the same building increases the FAR to 0.50:1,or 0.5. Food Market A business engaged in retail sales of primarily food and beverages for off-site preparation and consumption that maintains an inventory of fresh fruits,vegetables,fresh-cut meats,or fresh seafood or specializes in the sale of one The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 580/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT type of food item.In addition to the above,a food market may also sell personal convenience and small household goods. Food Service Concession A business that sells food,drink,and other consumable merchandise for the sole purpose of serving users of a park, natural area,school,or public facility and as approved by the operator of the designated park,natural area school,or public facility. Foot-candle(fc) The density of luminous flux(lumens)incident at a point on a surface having an area of one sq.ft. Footprint The polygon formed by(a)the surrounding exterior walls of a building or portion thereof,and(b)any structure which is over 30 in.in height with or without exterior walls,but exclusive of vent shafts and courtyards.The footprint does not include the ground area under the eaves of the building or structure. Footprint,Cottage Cluster Dwelling The horizontal area as seen in plan view,measured from the outside of all surrounding exterior walls and supporting columns of a cottage cluster dwelling.It includes cottage cluster dwellings and any attached garages,as well as cantilevered portions of the dwelling on a second floor.It does not include detached garages or carports;accessory structures;trellises;patios;up to two ft.of eaves;and areas of porches,decks,and balconies less than 30 in.above finished grade. Footprint,Flat A footprint that is not a sloped footprint. Footprint,Sloped A footprint where the highest ground surface at the exterior wall of a building or proposed building or below any projecting deck is more than ten ft.above the lowest ground surface at the time of building permit application.For the purposes of determining building height,ground surface shall mean:The elevation of the existing ground surface at the time of building permit application. Foundation Soil,Potential Weak A generalized map of locations of potential weak foundation soils is maintained at the Public Works Department, City Hall.However,the actual condition of the site will determine whether such soils exist. Foundation Soils,Weak Those which may cause overall settlement or differential settlement resulting in damage to structures not designed to accommodate movements.Weak foundation soils have one or more of the following characteristics:low strength, compressibility,high organic material content,high shrink-swell ratio or elasticity,or slow percolation and wetness. Full Street For the purposes of providing multi-modal access,a street section that includes auto and bike travel surface,and pedestrian travel area,lighting,landscaping,drainage and all other City standards or requirements. Functions and Values(Resource) "Functions and values"are the benefits provided by resources.The benefits may be physical,environmental, aesthetic,scenic,educational,or some other nonphysical function,or a combination of these.For example,the The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 581/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT functions and values of a wetland can include its ability to provide stormwater detention for"x"units of water draining"y"acres,and its ability to provide food and shelter for"z"varieties of migrating waterfowl.In addition,an unusual native species of plant in a natural resource area could be of educational,heritage,and scientific value.Most natural resources have multiple functions and values. Garage Opening The garage door,or in the case of a carport,the opening from which cars enter or exit the carport. Garage,Private A structure having one or more stories,used for the parking of motor vehicles belonging to tenants,employees or owners of the property for which the parking spaces contained in or on said garage are required by LOC Chapter 50 and are not open for use by the general public.A carport is a garage. Garage,Public A publicly or privately owned structure having one or more stories,used for the parking of motor vehicles,and open for use by the general public,either free or for remuneration.Public parking garages may include parking spaces for customers,patrons or clients which are required by this Code,provided said parking spaces are clearly identified as parking space(s)for the building or use. Garage,Repair A building used for the care and repair of motor vehicles,including major and minor work such as body and fender work or engine and transmission overhaul,and incidental parking of vehicles. Garage,Side-Loading A garage that meets the definition of a private garage but is located such that the garage doors,or in the case of carports,the vehicle access openings,face a minimum of 80°away from the street as shown below. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 582/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT STREET Nwww 1111 • F rant-loadirig garage Sfde-load"ent garage Side-loading garage • �e • A side-loading garage has garage Ours that face a minimum of&E away from the street. J , Garage Wall Area The garage wall area includes the entire area on the specified side of a structure between the ceiling,floor,and walls of the garage,including the garage door. Gate An opening in a wall or fence or the frame or door that closes a gate. General Storage An indoor facility or outdoor area for the storage of unoccupied light or heavy vehicles or boats,or an indoor area for commercial storage or warehousing,customarily for compensation.This use does not include self-service storage or mini-storage facilities. Glare Light that causes visual discomfort or disability,and the wattage and/or light distribution that is excessive for the purposes for which the illumination is necessary. Grade The ground surface next to a structure that is constructed to the earth(example:building with foundation)or next to a tree when the height of the tree is at issue,or under a structure that is not constructed to the earth(example: decking). Grade,Utility or Street The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 583/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The slope,measured in percent,of a street,pipe,or conduit as part of a utility system. Gross Building Floor Area The combined square footage area(measured from the exterior of the surrounding exterior wall framing or,for a carport,to the exterior posts/walls supporting the carport)of a building or portions thereof of all stories of a building.Where a square footage limitation is imposed by this Code upon a building or structure,the method of measuring the square footage shall be presumed to be by"gross building floor area"unless otherwise stated. Group Care Home Any dwelling licensed under the authority of ORS 443.400 which provides residential care and training to five or fewer adults with mental health conditions,intellectual,leaming or developmental disabilities,or alcohol or drug dependencies,or those who are elderly,or physically disabled."Residential care"means as defined in ORS 443.400. "Group care homes"are also known as"residential treatment home"and"residential training home"under ORS 442.400.Additional"family"members related to the five or fewer adults may reside in the dwelling,as part of a single housekeeping unit,e.g.,persons related by blood,marriage,legal adoption,or associated by guardianship, conservatorship,or a foster care relationship. Guest House An accessory structure of less than 400 sq.ft.with no cooking or kitchen facilities,used for occasional temporary lodging of persons,and for which no payment or compensation is given in whole or part for lodging or use of the guest house. Gully A long,narrow channel wom by the action of water,particularly on a hillside.It is much smaller than a ravine. Several gullies often lead to a ravine. Habitable "Habitable"means the portion of any building or structure used,or intended for use on a day-to-day basis,by people for residential purposes,or for purposes of conducting a commercial or industrial business,public use,or institutional use,or for purposes of a similar nature. Habitat Benefit Area(HBA)Protection Area The portion of an HBA resource identified pursuant to LOC 50.05.010.5.b,HBA protection area. Habitat Benefit Area(HBA)Resource A tree grove designated with an HBA overlay zone pursuant to LOC 50.05.010 and 50.07.004.8. Hardscape(Lighting) Permanent improvements to a site other than a building,including,but not limited to,parking lots,driveways, streets,plazas,sidewalks,walkways,bikeways,abutments,stairs,ramps,and architectural features. HAS(Habitat Assessment Score) The numerical ranking applied in an ESEE inventory which represents the relative wildlife habitat values of a given natural resource site in comparison with other sites in the City.Six features are evaluated to determine the total Wildlife Habitat Assessment Score: a. Water; b. Food; The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 584/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT c. Cover; d. Disturbance; e. Linkage; f. Unique features. Each feature receives a"High,Medium,or Low"description and a numeric ranking as shown in the HAS rankings sheet in the Lake Oswego Resource Areas Report and ESEE analysis dated April 1,1997,as revised on July 15, 1997(on file in the Planning Department),to the Sensitive Lands districts.The maximum possible score is 124.A minimum score of 35 is necessary for a site to be considered significant for wildlife values.See the City of Lake Oswego 1994/95 Natural Resource Inventory and ESEE analysis(on file in the Planning Department)for a detailed explanation of the methodology used in applying the HAS rankings. Hazardous Substances Any substance listed or described as hazardous in ORS Chapter 453(Hazardous Substances)."Hazardous substances"are toxic,corrosive,irritants,strong sensitizers,flammable,combustible,or generate pressure through decomposition,heat or other means.Hazardous substances or mixture of substances may cause substantial personal injury or illness during,or as a proximate result of any customary or reasonably foreseeable handling or use. Hearing Body The Lake Oswego Development Review Commission,Planning Commission or City Council. Heavy Manufacturing A business engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials,or manufacturing processes using hazardous,flammable or explosive materials,or manufacturing processes that potentially involve hazardous conditions,and is otherwise not considered to be a"light manufacturing"use.Use may involve outdoor operations. Heavy Vehicle Repair A facility that is engaged in the repair of heavy equipment including but not limited to tractors,recreational vehicles and semi-trucks and trailers,but not including boats.Includes remanufacturing of engines and electrical systems for heavy vehicles and equipment. Height of Building The vertical distance above a reference point measured to the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the gable of a pitched or hipped roof. The reference points are determined as follows: a. If,for purposes of construction of a structure,an artificial elevation of the ground surface results:the elevation of any ground surface prior to construction at or within the exterior wall of the building. b. If,for purposes of construction of structure,there is an alteration or artificial lowering of the ground surface:the elevation of any ground surface after construction at or within the exterior wall of the building.See figure below, Measurement of Building Height. c. On Lots within the Flood Management Area: i. The elevation of any ground surface at the exterior wall of the building prior to construction of any structure which artificially elevates the ground surface,except that if the structure elevates the ground surface The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 585/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT to the minimum required for the purpose of raising the floor level above the base flood elevation consistent with LOC 50.05.011,Flood Management Area,then the reference point shall be the elevated ground surface. ii. Residential-Waterfront Cabanas(R-W)Zone:the Oswego Lake Surface Elevation. d. On Lots within a Subdivision,with or without a Planned Development Overlay:For the purposes of determining building height,ground surface shall mean the elevation of the: i. Natural ground surface;or ii. Altered ground surface,as a result of the prior subdivision approval. Exception:The ground surface of a window well shall be deemed to be the same as the adjacent ground surface when the dimensions of the window well do not exceed three ft.by six ft.and the cumulative width of the window well(s)on a building facade does not exceed 40%. Mc:su rement of Building Height—Reference Paint ELEVATED GROUND SURFACE 1.-- )L )( >L ) FLAT LOT UNALTERED GROUND XX-'X X X NATURAL GROUND SURFACE SURFACE NATURAL GROUND SURFACE SLOPED LOT 'X- LOWERED GROUND UNALTERED GROUND SURFACE. SURFACE XXXXX •BUILDING HEIGHT REFERENCE POINT Height,Fence The height of a fence is determined by measuring the vertical distance from the down slope side of grade below the fence at any point along the fence to the highest horizontal surface,except vertical structural members such as posts or columns that are no wider than two ft.and that are spaced not closer than eight ft.(other than when located on either side of a gate or portal)and ornamental features on top of the posts or columns shall not be used in determining height.For the purpose of measuring fence height,the reference point for grade shall be pre-existing grade,where the grade is raised before the fence is constructed;existing grade,where grade is unchanged;or lowered grade,where the grade at the fence is lowered. Height,Retaining Wall The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 586/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The height of a retaining wall is determined by measuring the greater vertical distance from top of the retaining wall to the top of the footing,except that as applied to retaining walls that act as seawalls around Oswego Lake and its bays and canals,the height is determined by measuring the greater vertical distance from top of the retaining walUseawall to the average water level of Oswego Lake surface elevation. Historic District(Historic Preservation) A geographically defined area,the boundaries of which have been adopted pursuant to the provisions of this Code. Historic Districts are composed of structures,sites and objects classified pursuant to this Code as landmarks, contributing resources or noncontributing resources. Historic Integrity The quality of wholeness of historic location,design,setting,materials,workmanship,and association of a historic resource,as opposed to its physical condition. Historic Preservation Plan A plan that sets forth the goals and policies of the Comprehensive Plan consistent with Goal 5 to conserve open space land,protect natural areas and scenic resources including historic areas,sites structures and objects.It is directed at enhancing the quality of life,economic vitality,and community authenticity. It includes information about the City's historic preservation program and identifies the benefits of historic preservation.It summarizes existing conditions related to historic preservation including the history of the community and types of historic resources that help convey its heritage. Historic Resource(Historic Preservation) Sites,structures and objects that have local,regional,statewide or national historical significance.Historic resources have historical significance if they have historic,prehistoric,or archaeological significance.Historic resources are landmarks,contributing resources within historic districts,and historic districts. Historic Significance The physical association of a building,structure,site,object,or district with historic events,trends,persons, architecture,method of construction,or that has yielded or may yield information important in prehistory or history. A property with historical significance is one that helps in the understanding of the history of the local area,state or nation by illuminating the local,statewide or nationwide impact of the events or persons associated with the property,or its architectural type or style.The local area can include the Lake Oswego community or a modest geographic or cultural area,such as a neighborhood.Local significance may apply to a property that illustrates a theme that is important to one or more localities;state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation. Home Occupation A lawful use conducted in a residential zone in or on the premises of a dwelling unit,said use being secondary to the use of the dwelling for dwelling purposes. Horticulture The science or art of cultivating fruits,vegetables,flowers and plants. Hospital A state licensed medical facility that provides in-patient accommodations,a wide range of medical and surgical care, and other in-patient health services for sick,ailing or injured persons,including such related facilities as The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 587/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT laboratories,outpatient departments,training facilities,central services and staff offices and residences that are integral and accessory to the principal use of the establishment. Hotel or Motel A building or group of buildings used for transient residential purposes containing rental units which are designed to be used,or which are used,rented or hired out for sleeping purposes,including associated retail uses within the hotel or motel intended to serve paying guests but not including short-term rental dwellings. House Side Shield For fully shielded luminaires only,an internal shield designed and installed by the luminaire manufacturer that significantly attenuates the unit of illumination in the back photometric hemisphere at all angles greater than 30° relative to nadir. Human Scale Term used to describe the proportional relationship of the physical environment to human dimensions.Human scale development uses a variety of architectural and site design elements that reference human dimensions,including: building articulation that breaks up large masses and divides structures into smaller parts;the size,shape and orientation of windows;the ratio of street width or pathway width to building height;roof forms,balconies,eaves, canopies,or other elements that establish the perceived building height from the pedestrian's view;the placement of street furniture and lighting;the presence of trees and other plantings;setbacks and open spaces;and other features. Hydraulic Characteristics The features of a watercourse which determine its water conveyance capacity.They include the watercourse cross- section,alignment,width from bank to bank,profile,and the location and types of vegetation within the watercourse. Hydrophytic Vegetation Plant life growing in water or in soil that is at least periodically deficient in oxygen as a result of excessive water content. IES(Lighting) The Illuminating Engineering Society of North America(see www.iesna.org). Illumination,Uniformity of The ratio of average illumination level on the roadway to the minimum illumination at any point on the roadway. Impermeable Surface Any surface which prevents absorption of water into the ground. Increased Use An increase in trip generation or parking requirement. In-kind Vegetation Vegetation similar to vegetation found in the impacted resource or protected riparian area in type and size. Institutional Use Private educational,fraternal,religious facilities and private or public cultural,civic or social welfare facilities. Governmental facilities or public schools are defined and regulated as"Public facilities." The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 588/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Intentional Act An act that is deliberate,done on purpose and not by accident. Intersection(Lighting) A place where two or more public or private rights-of-way(serving vehicular and/or pedestrian traffic)cross.For purposes of Table 50.06.004-6,City Standard Criteria for Street and Roadway Lighting,an"intersection"requires the presence of a street name sign. Invasive Plants Vegetation that displaces or dominates natural plant communities,such as Himalayan blackberry,English ivy,reed canary grass,scotch broom,etc.A list of such plants can be found in the Lake Oswego Master Plant List.See LOC 50.11.004,Appendix D. Irregular Lot A lot in which the front and rear lot lines are not parallel. Isocandle Plot(Lighting) A diagram showing the distribution of light from a lighting system in various directions by means of contours connecting directions of equal luminous intensity,projected in a suitable manner. Kennel A facility,public or private,where domesticated animals are temporarily boarded and/or sold for compensation,but not including a pet day care or veterinary clinic.This use also includes public facilities for the temporary impoundment of animals.Accessory uses may include grooming,obedience training,and retail. Lake Oswego Master Plant List(Plant List) See LOC 50.11.004,Appendix D,for a listing of native plants,invasive plants,street trees—prohibited,street trees —approved(applicable to LOC 50.05.006,Old Town Neighborhood Design,only),and solar-friendly plants. Lake Oswego Style A building design that borrows from the City's historic architectural traditions including the Arts and Crafts,English Tudor and the Oregon Rustic styles.Buildings which use complex massing,asymmetrical composition and natural materials exemplify this style(see photos and descriptions in LOC 50.11.001,Appendix A:Lake Oswego Style). Adherence to the"Lake Oswego Style"is not intended to require historical replication.Modem designs interpreting, quoting or utilizing the above noted stylistic forms are also encompassed within the definition. Lake-Related Infrastructure "Lake-related infrastructure"means the structures,facilities,and equipment necessary to maintain Oswego Lake. Lake-related infrastructure includes,but is not limited to,dams,dikes,levees,headgates,fish screens,culverts, water storage and water diversion facilities,flood control structures,structures to shelter and maintain boats or other equipment for lake maintenance or policing,and structures used in connection with hydroelectric power generation. "Lake-related infrastructure"does not include office buildings. Land Includes water surface and the land under water. Landmark Designation List(LDL) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 589/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The list of historic resources(see LOC 50.06.009.4)officially recognized by the City of Lake Oswego as important to the history of the Lake Oswego area,within the boundaries of the City of Lake Oswego,and protected under this Code. Landmark(historic Preservation) Any site,object or structure,and the property surrounding it that contributes to its historical or architectural significance that is designated as a landmark site,object or structure in the Landmark Designation List. Landscape Lighting(Lighting) Luminaires attached to structures,mounted on poles or otherwise,or at grade(luminaire not to exceed three ft. above grade)and used solely for landscape rather than area lighting. Lantern(Lighting) A wall mounted ornamental luminaire. Large Animal Horses,cattle,sheep,goats,swine or any other animal which customarily weighs more than 45 pounds at maturity, excluding dogs. Laundry or Dry Cleaning Service A laundry,including coin-operated laundromat,and/or dry-cleaning outlet whose business consists primarily of serving retail customers,provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items that are brought directly to the premises by the retail customer. LED Light emitting diode. Levee A human-made structure,usually an earthen embankment,designed and constructed in accordance with sound engineering practices to contain,control,or divert the flow of water so as to provide protection from flooding. Light Fixture See"Luminaire." Light Manufacturing The assembly,fabrication,or processing of goods and materials using processes that ordinarily do not create noise, smoke,fumes,odors,glare,or health or safety hazards outside of the building or lot where such activity takes place, and where such processes are housed entirely within a building. Light Source(Lighting) The actual bulb or lamp that emits the light. Light Trespass(Lighting) Spill light that because of quantitative,directional,or spectral content causes light level at the property line that is greater than as provided on Table 50.06.004-4,Performance Method. Lighting System The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 590/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT One or more luminaires,together with associated wires,conduits,poles,etc.,that constitute the illumination system on the site. LORA The Lake Oswego Redevelopment Agency,an urban renewal agency created by the City pursuant to ORS Chapter 457. Lot A unit of land created in compliance with all legal requirements in effect and applicable at the time of creation. Lot Area or Lot Size a. Non-Flag Lots:the gross square footage of the lot within the lot lines. b. Flag Lots:the area of a lot,defined by the lot lines,less the area of access easement or flagpole. Lot,Corner A lot abutting two intersecting streets;provided,that the streets do not intersect on an angle greater than 135°. Lot Coverage The ratio of A to B where A is the area of all permanent structures or portions thereof over 30 in.in height,but exclusive of: a. Vent shafts; b. Portions of eaves that extend two ft.or less from exterior walls of the building; c. Open-roofed courtyards; d. Flowerboxes not exceeding two ft.in depth and 110%of the width of the adjoining window/door; e. Decorative metal balconies,i.e.,wrought iron,not exceeding two ft.in depth and 110%of the width of the adjoining window/door; f. Arbor or trellises used as a support for climbing or hanging plants.The trellis may have side(s)or a roof which do not exceed 75%opacity,except if a trellis side is also a side of a building,then that side is not subject to the 75% opacity requirement; g. Boathouses; h. Fences and retaining walls; i. Other structures similar to the structures above,except boathouses; and B is the lot area or lot size. [Cross-Reference:Flag Lots—the access easement is deducted from"gross acreage."LOC 50.07.007.2.e.vi.] Lot Depth The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line,except for a flag lot,which shall be measured from the midpoint at the front lot line of the flag area. Lot Frontage The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 591/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT That portion of a lot nearest a street.For the purpose of determining yard requirements,all sides of a lot abutting a street shall be considered frontage. Lot,Illegal A unit of land created in violation of one or more legal requirements in effect and applicable at the time of creation. Lot,Interior A lot other than a corner lot,with frontage on only one street. Lot Line Boundary lines of a lot. Lot Line,Front In the case of an interior lot,the lot line separating the lot from the street.In the case of a corner lot,the lot line designated pursuant to LOC 50.04.001.1.e.iv,50.04.001.2.e.iii(4),50.04.001.3.e.i,and Table 50.04.001-14,Note [10].In the case of flag lots,the lot line designated pursuant to LOC 50.07.007.2.d.i. Lot Line,Front(Solar Access) A lot line abutting a street.For corner lots the front lot line is that with the narrowest frontage.When the lot line abutting a street is curved,the front lot line is the chord or straight line connecting the ends of the curve.For a flag lot,the front lot line is the lot line that is most parallel to and closest to the street,excluding the pole portion of the flag lot. Lot Line,Rear A lot line that is opposite the front lot line.A triangular lot and a through lot have no rear lot line:the frontage on each street of a through lot is a front lot line.For other irregularly shaped lots,rear lot lines are all lot lines that are most nearly opposite the front lot line and less than 130 degrees from intersecting side lot line(s).Illustrations of lot line determination follow. vet Pr,tie ti.r WI. -. "" 4 1•gar s !octal& •i'JD- lot tot rrimqpilr �• Lalt STREET Till< (Ail to xak Yl sep'!FlIitothr oportiaitorsami Lot Line,Side Any lot line not a front or rear lot line. Lot Line,Side Street On a corner lot,the lot line(s)abutting a street that is not the front lot line. Lot of Record The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 592/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A lot shown as part of a recorded subdivision,partition,or any lot described by metes and bounds in a recorded deed,record of survey or other appropriate document recorded with the County;except that no lot or parcel of land created without compliance with the subdivision or partition requirements in effect and applicable at the time of the lot creation shall be considered a lot of record. Lot,Platted A lot described and identified within a recorded subdivision or partition and remaining the same in size and shape as it was when the subdivision or partition was recorded. Lot,Steeply Sloped A"steeply sloped lot"is a lot with a slope of 20%or more,when measured from the lowest or highest front lot line, whichever results in the greater difference in grade,to the most distant point of the primary building footprint. Lot,Through;Double Frontage Lot A lot other than a corner lot with frontage on more than one street. Lot Width The width of the lot as measured at the front setback line. Low Voltage Landscape Lighting(Lighting) Landscape lighting for which power is provided at less than 15 volts and on circuits limited to 25 amps. Lumber Yard An area used for the storage,distribution,and wholesale or retail sale of finished or rough-cut lumber and lumber products,and other building materials,such as cement blocks,paneling,and roof materials.The limited processing of lumber is permitted as an accessory use. Lumen A unit of measurement of the amount of light emitted by a lamp. Luminaire(or"Light Fixture") A complete lighting device consisting of a light source together with its direct appurtenances,such as globe, reflector,refractor,housing and such support as is integral with the housing.The pole,post or bracket is not considered a part of the luminaire. Luminance The amount of light emitted in a given direction from a surface by the light source or by reflection from a surface. The unit is candela per square meter. Luminous Flux A measure of the total light output from a source,the unit being the lumen. Maintenance Upkeep or repair of any structure or site feature necessary to keep the structure or site feature in good and safe condition.Maintenance does not include structural alteration unless that structural alteration is required to remedy a condition declared to be unsafe by any official charged with protecting the public safety,upon the order of that official. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 593/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Maintenance or Repair(Historic Preservation) Upkeep or repair of any object,site or exterior architectural feature,which does not involve a change in design, material or appearance of the object,site or feature,or if such a change is required it is one which the City Manager determines is required without delay in order to preserve the public safety and convenience due to the presence of an unsafe,dangerous or emergency condition. Major Development Development defined as major development in LOC 50.07.003.15.a,Major Development Classification. Manhole A vertical opening providing human access to a sanitary sewer or storm drain line,provided with a heavy cover at the ground or street surface. Manufactured Homes A multi-sectional dwelling unit with a Department of Housing and Urban Development(HUD)label,of not less than 1,000 square feet constructed in an off-site manufacturing facility on or after June 15,1976,to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974,and designed to be used with a foundation as a dwelling unit on a year-round basis with approved connections to water,sewer and electric utility systems. Manufacturing A business engaged in the manufacturing,processing,fabrication,packaging,or assembly of goods.Natural, manmade,raw,secondary,or partially completed materials may be used.Products may be finished or semi-finished and are generally made for the wholesale market,for transfer to other plants,or to order for firms or consumers. Goods are generally not displayed or sold on site,but if so,they are a subordinate part of sales. Marina A facility providing moorage for boats and marine related services. Masonry A concrete block,stone,or brick wall.Masonry includes a veneer(overlay of a layer of fine or decorative material) that has an average range of depth of 1.75 in.or greater,based upon the manufacturer's specifications. Mechanical Equipment Heating,ventilating and air conditioning systems,transformers,generators,utility meters,connection boxes,satellite dishes,antennas,tanks and other similar features. Medical or Dental Clinic or Laboratory A building or a portion of a building containing the offices and associated facilities or laboratories of one or more practitioners providing medical,dental,psychiatric,osteopathic,chiropractic,or other medical-related services for outpatients only,with or without shared or common spaces,equipment,or assistants.This use may include a facility for conducting medical,dental,or scientific research,investigation,testing,or experimentation,but not facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory.This definition also includes labs for the manufacture of dentures and prosthesis. Middle Housing Duplexes,triplexes,quadplexes,cottage clusters,and townhouses in residential zones. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 594/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Minor Development Development defined as minor development in LOC 50.07.003.14.a,Minor Development Classification. Mitigation To rectify,repair or compensate for adverse impacts to a resource or resource functions and values caused by development. Mitigation Methods(for Wetlands) a. Wetland Creation:The conversion of a nonwetland area into a wetland. b. Wetland Enhancement:Alteration of an existing wetland to develop new functions or to improve existing conditions. c. Wetland Restoration:Re-establishment of lost or impaired functions in a degraded wetland or in a former wetland that no longer functions as a wetland. Mitigation Ratio(for Wetlands) The ratio of the amount of wetland to be created,restored or enhanced compared to the amount of wetland lost due to development. Mixed Use A development consisting of more than one broad category of use(e.g.,commercial,industrial,residential,public use,or institutional). Mobile Home A unit or units built between January 1969,and June 15,1976,in conformance with the American National Standards Institute requirements adopted by the State of Oregon in 1969 and having an Oregon insignia of compliance issued by the Oregon Department of Commerce,Building Codes Division,or a unit built after June 1976,in conformance with the 1976 HUD requirements.All units shall have a minimum of 900 sq.ft.of living area. The following definitions apply only to mobile homes: a. Accessory structure:An attached or unattached structural addition to a mobile home or mobile home space including,but not limited to:cabanas,awnings,carports,garages,covered porches,storage structures and covered patios. b. Accessway:An unobstructed way of specified width containing a drive or roadway which provides vehicular access within a mobile home park and connects to a public street. c. Awning:A stationary structure used in conjunction with a mobile home,other than a window awning or ramada,for the purpose of providing shelter from the sun and rain for patios,porches or yard areas,and having a roof with supports and not more than one wall. d. Cabana:A stationary structure which may be prefabricated or demountable,with two or more walls,used adjacent to and in conjunction with a mobile home,to provide additional living space designed to be moved with the mobile home. e. Carport:A stationary structure consisting of a roof with its supports which is entirely open on two or more sides and is used for sheltering a motor vehicle. f. Mobile Home Park:A parcel of land under common ownership on which two or more mobile homes are occupied as residences and which conforms to the regulations of this article. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 595/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT g. Mobile Home Subdivision:A subdivision designed for sale of lots for residential occupancy by mobile homes. h. Mobile Home Space or Lot:A plot of ground within a mobile home park or subdivision designed for the accommodation of one mobile home,its accessory structures,parking spaces and required yard areas. i. Stand:A hard surfaced area within a mobile home space or lot designed for placement of a mobile home. Mortuary A business that prepares the body of deceased persons for burial.Viewing and funeral services are sometimes held. Cremation is an accessory use only. Mounting Height The vertical distance between the lowest optical component of the luminaire and the ground surface directly below the luminaire. Moving/Relocation(Historic Preservation) Relocating a historic resource from its existing parcel or tax lot to another site. Mulch Application of plant residue,netting,plastic sheeting or other suitable materials to the land surface to conserve moisture,hold soil in place and aid in establishing plant cover. Nadir The downward direction;exactly vertical,directly below a luminaire. National Register Resource/National Register Property Buildings,structures,objects,sites or districts listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966(16 U.S.C.470)and maintained by the National Park Service.National register properties may also be landmarks if designated pursuant to LOC 50.06.009. Natural Area An area of land and/or water that has a predominantly undeveloped character.Natural areas may be pristine,or may have been affected by human activity such as vegetation removal,agriculture,grading or drainage if such areas retain significant natural characteristics,or have recovered to the extent that they contribute to the City's natural systems including hydrology,vegetation,or wildlife habitat.The purpose of natural areas is to provide a scenic, aesthetic appearance and/or protecting natural processes,providing passive recreational uses,and/or maintaining natural vegetation.Natural areas shall be either dedicated to the public or by other means committed to use for the general public,or may also be permanently reserved by common ownership among the owners of a development. Except as otherwise set out in LOC 50.06.010.7,Park and Open Space Standards for Maintenance,natural areas shall remain in natural conditions existing at the time of their designation.(Area designated as"Open Space"prior to April 19,2012,is a"natural area"under this definition.) Natural Resource Areas,Nondesignated "Natural areas"that have not been included in an RP or RC district,or HBA overlay,pursuant to LOC 50.07.004.8. Net Developable Area Gross area(at 43,560 sq.ft.per acre),less the area in street right-of-way or access easements,except that the area of a vehicular access easement created by a minor partition shall not be deducted.For public streets,use the actual area The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 596/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT if known or 20%of the gross area.For private streets,use actual area if known or 40-ft.right-of-way.For vehicular access easements use actual area of easement. Net Loss(Wetland) A permanent loss of wetland area,functions,or values resulting from a development action after accounting for mitigation measures. Noncontributing Resource(Historic Preservation) A structure,site or object within a Historic District which is neither a contributing resource nor a landmark. Nonprofit Use A use operated by an organization,corporation or association that distributes no part of its income to its members, directors or officers. Northern Lot Line(Solar Access) The lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot.If the north line adjoins an undevelopable area other than a required yard area,the northern lot line shall be at the north edge of such undevelopable area.If two lot lines have an identical angle relative to a line drawn east-west,then the northern lot line shall be a line ten ft.in length within the lot parallel with and at a maximum distance from the front lot line. North-South Dimension(Solar Access) The length of a line beginning at the midpoint of the northern lot line and extending a southerly direction perpendicular to the northern lot line until it reaches a property boundary. Not in Period(Historic Preservation) A building,structure,object,or site that was originally constructed less than 50 years old and does not have exceptional historic or architectural significance to exhibit sufficient historic integrity to convey a sense of history. Nursery Stock Production and Wholesale A business that displays or sells plants,trees,and other nursery materials used in indoor or outdoor planting for wholesale sales in a building or open space,and which may include greenhouses.Accessory uses may include accessory retail trade in nursery stock and related goods. Object(Historic Preservation) A construction that is largely artistic in nature or is relatively small in scale and simply constructed in comparison to buildings or structures,including a fountain,sculpture,monument,milepost,etc. Obstruction Any dam,wall,wharf,embankment,levee,dike,pile abutment,excavation,bridge,conduit,pole,culvert,building, wire,fence,fill,or projection into a floodplain,watercourse,or drainage system. Occupancy Classification As defined in Section 501 of the Uniform Building Code,adopted pursuant to LOC Chapter 45. Office,Business or Professional A facility where business,professional or philanthropic activities are conducted in an office environment,but not involving the sale of merchandise,except as accessory to a permitted use.Examples include but are not limited to: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 597/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT administration of business,civic,religious,or charitable organizations,real estate,insurance,property management, investment,employment,travel,advertising,law,architecture,design,engineering,accounting,financial institutions,and similar offices.Accessory uses may include cafeterias,coffee shops,health facilities,parking,or other amenities for the use of employees in the facility. Open Space Parks and natural areas. Ornamental or Accent Lighting(Lighting) Outdoor lighting that is installed mainly or entirely for its decorative effect or to accent an object or a feature,rather than as an aid to visibility. Oswego Lake Surface Elevation The elevation of the surface of Oswego Lake is established and may be referenced as either 98.6 ft.(NGVD 29)or 102.1 ft.(NAVD 88). Outdoor Lighting Any hard wired,low-voltage or solar powered lighting system that is used in an exterior space. Owner Where used in relationship to real property,"owner"means the legal owner of record or easement holder,or,where there is a recorded land sales contract in effect,the purchaser under that contract.An act or omission to act by an agent of the owner are deemed to be the act or omission by the owner. Owner(Historic Preservation) Where used in relationship to real property that is or is being considered to be a historic resource: a. The owner of fee title to the real property as shown in the deed records of the county where the property is located;or b. The purchaser under a land sale contract,if there is a recorded land sale contract in force for the property;or c. If the property is owned in fee title or a purchaser's interest under a land sale contract and is held by a trustee of a revocable trust,the settlor of a revocable trust,except that when the trust becomes irrevocable only the trustee is the owner;or d. For a landmark with multiple owners,including a district,a simple majority of owners as defined in(a)through (c);or e. For National Register resources,the same as defined in 36 CFR 60.3(k).[OAR 660-023-0200] "Owner"does not include individuals,partnerships,corporations or public agencies holding easements or less than fee interests(including leaseholds)of any nature. Park Improvements,Major a. Athletic field for organized sport games. b. Lighting for outdoor recreational facilities and activities. c. Facilities that require a building permit,occupying more than 3,500 sq.ft.of site area.(A play area for non- organized sport games is not subject to this subsection even if more than 3,500 sq.ft.) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 598/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT d. On-site parking for more than eight vehicles. e. Facilities for motorized boats. Park Improvements,Minor Park improvements with limited off-site impacts.Minor park improvements include: a. One play area that is not intended for organized sport games(regardless of size),without lighting. b. Facilities that require a building permit,that may include park buildings,picnic shelters,restrooms,athletic courts,nonmotorized boating facilities,and playground structures provided the uses do not occupy more than 3,500 sq.ft.of site area(individually or cumulatively,excluding facilities authorized by a master plan). c. On-site parking for eight or less vehicles. d. Trails. Parking District A district established for the purpose of planning and development of shared parking facilities which serve the whole district. Parking Facilities,Off-Street A surface or structured facility for the parking of vehicles for use by the general public,either free or for remuneration.This use may be an accessory or primary use and does not include parking used for display or storage of vehicles that are owned by a licensed business on the site. Parking,Tandem The parking of a vehicle in front of or behind another vehicle which requires one of the vehicles to be moved in order for the other vehicle to enter or exit.Also called stacked parking. Parks Public or private land providing for one or more of the following: a. The active recreational needs of the community; b. The passive recreation needs of the community;or c. Scenic and aesthetic appearance and/or protection of natural processes on land that is to remain in natural or landscaped condition; and is either dedicated to the public or by other means committed to use for the general public,or permanently reserved by common ownership among the owners of a development. Partition To divide an area or tract of land into two or three lots within a calendar year when such land exists as a unit or contiguous units of land under common ownership at the beginning of such year."Partition"does not include adjustments of lot lines by relocation of a common boundary where no additional lots are created,and the resulting lots satisfy the minimum lot size allowed by this Code,nor foreclosure proceedings or sales exempted by the defmition of"partition"in ORS Chapter 92. a. Major Partition:A partition which includes the creation of a street. b. Minor Partition:A partition that does not include the creation of a street. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 599/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Pathway A public or private right-of-way for pedestrian or nonmotorized traffic. Patio An impervious surface on the ground,excluding parking areas and pathways of five ft.or less in width,used for several purposes,including leisure,social gatherings,etc. Pavement,Paving As used in this standard,"pavement"means Portland cement concrete,asphaltic concrete and modular masonry pavement systems."Pavement"also includes pervious pavement systems such as those known by the proprietary names of Grasscrete or Geoweb;provided,that the cells are filled with an aggregate material or vegetation. Peak Hour The one-hour interval,in which the highest traffic volumes occur on a given roadway,during the traditional commuting peak periods of 7:00 a.m.to 9:00 a.m.,4:00 p.m.to 6:00 p.m.,and also the time period(s)outside the traditional commuting peak periods for the particular land use that generates the highest traffic volume. Pedestrian/Bicycle Access,Convenient Hard surfaced pedestrian/bicycle path. Pedestrian Density The ratio of pedestrians to sidewalk area is intended to encourage increased pedestrian density in order to promote retail use and provide community interaction. Person A natural person,his heirs,executors,administrators,or assigns;a firm,partnership,or corporation,association or legal entity,its or their successors or assigns;and any agent,employee or representative of any of the above mentioned. Personal Services A business that primarily engages in providing services involving the care of the person or person's possessions,but not including uses meeting the definition of"repair,rental or servicing."Personal services may include,but are not limited to,barber shops,laundry services,beauty salons,personal trainers,tanning salons,portrait studios,manicure and pedicure services,and self-service or assisted photocopying,duplicating,and shipping of documents and packages for retail customers. Pet Day Care Business primarily engaged in providing pet care services(except veterinary),such as boarding,grooming (including pet clipping and pedicure services),pet day care services and training pets,and incidental retail sales of pet care products.Overnight boarding shall not exceed 25%of animals provided daily pet care on site and shall occur in a fully enclosed structure. Photometric Analysis Report A report by a laboratory certified by the National Institute of Standards and Technology(NIST),describing the candela distribution,shielding type,luminance,and other characteristics of a specific luminaire. Plat The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 600/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A map,containing all the descriptions,locations,specifications,dedications,provisions or other information concerning a subdivision. Portal A structure such as an arbor,arch or trellis which is used as a point of entry to the property.The portal may stand alone or be part of a fence or wall. Potential Severe Erosion Hazard Area Surface areas where erosion can be easily caused by removal of vegetation cover,stripping topsoil or by placement of fill,whether by natural causes such as streams or surface runoff or by development activities.The placement of any new fill in such an area shall be considered as creating a potentially severe erosion hazard.(Known Potential Severe Erosion Hazard Areas are described and mapped in the Engineering Geology chapter of the Lake Oswego Physical Resources Inventory,March 1976,on file at City Hall;specifically in Table II,"Characteristics and Limitations of Earth Materials"and"Engineering Geology"map,and the Relative Slope Instability Hazard Map of the Lake Oswego Quadrangle,prepared by the State of Oregon Department of Geology and Mineral Industries (DOGAMI),published in 1995.) Potential Severe Landslide Hazard Area Areas where earth movement or failure,such as slumps,mud flows,debris slides,rock falls or soil falls,are likely to occur as a result of development activities.These activities include excavation which removes support of soils by changes in runoff or groundwater flow or vibration loading such as pile driving or blasting. Practicable Capable of being done after considering and balancing cost,existing technology,and logistics in light of overall project purposes. Preservation(Historic) The act or process of applying measures necessary to sustain the existing form,integrity,and materials of a historic resource. Primary Use The predominant use to which the lot or building is or may be devoted and to which all other uses are accessory. Generally,the primary use is the use to which the majority of the site or building area is devoted,or if no use occupies a majority of the site or building area,then the use that occupies the largest area of the building or site. Accessory uses are ones that occupy a small portion of the site or building area or exist primarily to serve occupants or residents engaged in uses that occupy a larger area of the building. Profile a. Utility.A"side view"of a proposed utility pipe or street showing grade,changes in grade,depth of pipe and vertical curves of streets. b. Structure.A"side view"of a proposed structure showing the front building wall and roofline,from the front yard setback to the highest point of the roof. Protected Riparian Area The area adjacent to a water resource described in LOC 50.05.010.6.b.i.The protected riparian area may provide water resource functions and values and/or protect the functions and values of the adjacent stream or wetland. Protected Solar Building Line(Solar Access) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 601/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A line on a plat or map recorded with the plat that identifies the location on a lot where a point two ft.above may not be shaded by structures or non-exempt trees. Public Building Any building owned or used by a public governmental entity for the purpose of carrying out a public service,other than a public facility,but including public schools. Public Facility or Utility,Major Any public service improvement or structure developed by or for a public agency that is not defined as a minor public facility.This use includes but is not limited to utility substations;treatment plants,reservoirs and aboveground trunk lines for sewer,water or storm drainage systems;public schools;parks;libraries;fire stations; community centers:police stations;City administrative or other City office buildings;and City motor pools or maintenance buildings. Public Facility or Utility,Minor The following public service improvements or structures developed by or for a public agency: a. Minor utility structures,including poles,lines,pipes,collocated telecommunications facilities or other such facilities. b. Sewer,storm drainage,or water system structures,including reconstruction of existing facilities,pump stations, manholes,valves,hydrants or other portions of the collection,and treatment and distribution systems. c. Street improvements within existing development including sidewalks,curbs,gutters,catch basins,paving, signs and traffic control devices and street lights. d. Transit improvements,such as shelters or pedestrian and bicycle safety improvements,located within public right-of-way or on public property. e. School improvements which will not increase the capacity of the school nor create additional traffic or other impact on the surrounding neighborhood. f. Park improvements which will not create additional motor or foot traffic impact on the surrounding neighborhood. Public Service Any service provided by a public agency including but not limited to power,water,streets,sewers,parks,recreation facilities,schools,community centers,libraries,police and fire protection.This term includes utilities provided by regulated utility companies such as telephone,gas and electric power. Public Transportation Facilities Those facilities that are associated with a transportation system,such as bus stops,transit centers,light rail,trails designated as a regional,community connector,or local access trails on the City's Trails and Pathway Master Plan, and similar facilities,but excluding public or private streets. Quadplex Four attached dwelling units on a lot. Qualified Professional The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 602/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT An individual who has proven expertise and vocational experience in a given natural resource field,as determined by the City Manager.A qualified professional may either be a consultant or a member of the City staff.The following types of expertise are applicable: a. Streams.An individual such as a hydrologist or an engineer who has expertise in analyzing water quality and/or delineating stream corridor boundaries. b. Tree Grove.An individual who has expertise in delineating or surveying tree grove drip lines such as a certified arborist,professional forester,engineer,architect,landscape architect,surveyor,or similarly qualified person. c. Wetlands.An individual such as a wetland biologist or ecologist who has expertise in applying federal and/or state-approved methods for wetland delineations and value assessments. Railroad Facilities An area for storing or switching of freight and passenger trains.Necessary and allowed functions include but are not limited to the switching,storing,assembling,distributing,consolidating,repairing,weighing,or transferring of cars, trains,engines,and rolling railroad stock. Ravine A small,narrow valley with steep sides that is usually worn by running water.A ravine is larger than a gully. Recreational Facilities a. Active Use Recreational Facilities.Facilities for recreational uses that tend to be more organized and/or that require a greater degree of site development and conversion of natural area,including sports fields,playground equipment,group picnic shelters,hard surfaced pathways,permanent restrooms,accessory parking lots and similar facilities. b. Passive Use Recreational Facilities.Facilities for recreational uses related to the functions and values of a natural area that require limited and low impact site improvement,including soft-surface trails,signs,pedestrian bridges,seating,viewing blinds,observation decks,handicapped facilities,drinking fountains,picnic tables, interpretive facilities,and similar facilities. Recreational Vehicles Towed or self-propelled vehicles such as motor homes,pickup campers and tent trailer campers,travel trailers, designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping, travel,or seasonal use. Redevelopable Land on which development has already occurred,but due to present or expected market forces,there exists the strong likelihood that current development will be converted to more intensive uses during the planning period. Rehabilitation(Historic Preservation) The process of returning a historic resource to a state of utility through repair or alteration,which makes possible a use while preserving those portions and features of the historic resource and its site that convey its historic significance. Repair,Rental,and Service The maintenance,rehabilitation or rental of appliances or goods customarily used in the home including,but not limited to,washing and drying machines,shoes,televisions,musical instruments,clothing,refrigerators,computers, kitchen appliances,vacuum cleaners,and similar items,and services to homes and businesses,such as cleaning or extermination.This use does not include heavy equipment sales,servicing,or repair. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 603/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Replace or Replacement(impervious surface) The removal of an impervious surface that exposes soil followed by the placement of an impervious surface.See LOC 38.25.120.2.b for specifically exempted roadway maintenance activities. Research and Development Laboratory A facility for conducting scientific research,investigation,testing,or experimentation,that includes or involves the use of dangerous or hazardous materials or procedures,but not including facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory.Typical uses include electronics research laboratories,environmental research and development firms,agricultural and forestry research labs,and pharmaceutical research labs. Reserved Area Land to be kept free of buildings or other structures as a condition of development approval. Residence,Primary A dwelling where a person lives most of the time.At a given time,a person does not have more than one primary residence.For purposes of determining whether a dwelling is a primary residence,the City may consider whether the dwelling is the legal residence of the person for purposes of voting,motor vehicle/driver licensing,income tax calculation,the time the person spent at the residence,and other such factors. Residential Accessway A strip of land intended for use by pedestrians and bicyclists that provides a direct route through single-family residential development where the use of public roads would significantly add to the travel time and/or distance. Residential Care Housing A"residential care housing"facility houses and provides services for six 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,""group care 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. The total allowed number of persons requiring skilled nursing care may be up to 25%of a residential care facility's total occupant capacity. Residential Mixed Use Development Development containing both residential and nonresidential uses on a single parcel,or parcels developed as a unified site,where the residential units comprise at least 33%of the floor area of the overall development.Typically, The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 604/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT residential mixed use projects include a mix of residential and commercial uses.In residential mixed use development,the residential use may be provided in a separate building on the same site as a non-residential use or in the same building as a nonresidential use,often with commercial uses on the ground floor and residential uses located on upper floors. Residential Turnaround An area providing space for the maneuvering of a passenger vehicle in which the vehicle can make a 180-degree change in direction with a continuous forward movement,or no more than one backing movement. Resource Conservation Protection Area The portion of an RC district resource identified pursuant to LOC 50.05.010.5.b,RC District Protection Area. Resource Conservation(RC)District Resource A tree grove protected by an RC district overlay zone pursuant to LOC 50.05.010 and 50.07.004.8. Resource Enhancement The modification of a resource or its functions and values to improve the quality or quantity of the resource.It can include actions that result in increased animal and plant species,increased numbers of types of natural habitat, and/or increased amount of area devoted to natural habitat.It may also include improvements in scenic views and sites,increased capacity for stormwater detention and surface water management,changes in water quantity or quality,or similar improvements.A resource enhancement project must result in no loss of any resource functions or values,and the gain of at least one. Resource Protection(RP)District Resource A wetland or stream corridor and protected riparian area protected by an RP district overlay zone pursuant to LOC 50.05.010,Sensitive Lands Overlay Districts. Restaurant A business engaged in the retail sale of prepared food and drinks for consumption on the premises or for carryout, and may or may not include the sale of alcohol.Examples include full-service dining,fast food,coffee shop,juice bar,delicatessen,and similar or more specialized establishments. Restoration(Historic Preservation) The act or process of accurately depicting the form,features,and character of a historic contributing resource or historic non-contributing resource as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.The limited and sensitive upgrading of mechanical,electrical,and plumbing system and other code-related work to make properties functional is appropriate within a preservation project. Retail Private enterprises involved in the sale,lease,or rent of new or used products directly to the general public.This use includes but is not limited to retail sale of general merchandise,clothing and other apparel,flowers and household plants,dry goods,convenience foods,hardware and similar consumer goods.This use does not include retail sales of any good for which sales facilities are listed as a separate use in the permitted use tables(such as boats,restaurants, or light vehicles).This use does not include personal services,construction equipment rental,or recreation uses. Accessory uses may include offices,parking,storage of goods,assembly,repackaging,or repair of goods for on-site sale. Retention The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 605/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The act of retaining or storing stormwater runoff permanently or for a considerable length of time for some use,or until it percolates into the ground or evaporates. Reversed Frontage Lot A lot on which the frontage is at right angles or approximately right angles(interior angle less than 135°)to the general pattern in the area. Riparian Areas Lands adjacent to rivers,streams,lakes,ponds,and other water bodies that are transitional between aquatic and upland zones and contain elements of both aquatic and terrestrial ecosystems.Such lands are characterized by high water tables,soils made up largely of water-carried sediments,and vegetation that requires free(unbound)water or conditions that are more moist than normal. Road See"Street." Sanitary Sewer System A system consisting of pipes,house service lines,manholes,cleanouts and other appurtenant structures provided for the conveyance of sewage to a place of treatment. Seasonal Restaurant Enclosure Enclosure on three or more sides of an outdoor restaurant dining area,or an entryway vestibule attached to a building and providing access to a restaurant within an attached building,from November 1 to April 30.The enclosure materials are typically canvas and vinyl with a removable metal frame.The enclosure is not permanently affixed to any structure or the ground,as it must be removed not later than May 1 annually. Security A means of guaranteeing the performance of terms and conditions of a development permit. Sediment Any organic or mineral material that is in suspension,is being transported or has been moved from its site of origin by water,wind,or gravity as a product of erosion. Sedimentation Deposition of soils,debris,or other materials suspended and transported by stormwater runoff. Self-Storage Facility A business containing separate storage spaces that are leased or rented as individual units for the storage of household or business goods.May contain an accessory office.Also called"mini-storage." Sensitive Lands Lands containing natural resources that have environmental significance within the Lake Oswego planning area (Urban Service Boundary)including wetlands,stream corridors,and tree groves.Such lands are more sensitive or easily damaged by development impacts than nonresource lands. Sensitive Lands Map A map containing only the Sensitive Lands elements of the Comprehensive Plan Map and Zoning Map,i.e.,RP,RC, and HBA districts,used in administering the Sensitive Lands regulations. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 606/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Service Lateral A sewer pipe extending from a sewer line to the property line to provide service for the structure on that property. Setback Line The innermost line of any required yard or reserved area on a lot. Shade(Solar Access) A shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of 21.3°,and an azimuth ranging from 22.7°east and west of true south. Shade Point(Solar Access) The part of a structure or non-exempt tree that casts the longest shadow onto the adjacent northern lot(s)when the sun is at an altitude of 21.3°,and an azimuth ranging from 22.7°east and west of true south;except a shadow caused by a narrow object such as a mast or whip antenna,a dish antenna with a diameter of three ft.or less,a chimney, utility pole,or wire.The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line.If the shade point is located at the north end of a ridgeline of a structure oriented within 45°of a true north-south line,the shade point height computed according to the preceding sentence may be reduced by three ft.If a structure has a roof oriented within 45°of a true east-west line with a pitch that is flatter than five ft.(vertical)in 12 ft.(horizontal)the shade point will be the cave of the roof.If such a roof has a pitch that is five ft.in 12 ft.or steeper,the shade point will be the peak of the roof Shade Reduction Line(Solar Access) A line drawn parallel to the northern lot line that intersects the shade point. Shadow Pattern(Solar Access) A graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3°and an azimuth ranging between 22.7°east and west of true south. Shelters,Waiting An area providing protection from weather,and visual access and physical proximity to arriving transit vehicles; may be as simple as an extended overhang or protected entry or as elaborate as a separate structure complete with furniture. Shielding: a. Directional.A luminaire designed to be aimed or pointed. b. Fully Shielded.A luminaire emitting no more than 0.5%of its luminous flux above the horizontal plane, including any luminaire rated"full cutoff'according to IES RP-8-01. c. Shielded.A luminaire emitting no more than 2%of its total luminous flux above the horizontal plane,including any luminaire rated"cutoff"according to IES RP-8-01. d. Partly Shielded.A luminaire emitting no more than 10%of its total luminous flux above the horizontal plane, including any luminaire rated"semi-cutoff'according to IES RP-8-01. e. Unshielded.A luminaire that may emit its luminous flux in any direction(i.e.,neither shielded nor partly shielded). Short-Term Rental Lodging The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 607/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT The offering of one or more bedrooms(and use of any common area)on a lot containing a single-family detached dwelling for transient residential purposes to serve paying guests for periods of 30 days or less. Silviculture The care and cultivation of forest trees. Site(Historic Preservation) The location of a significant event,prehistoric or historic occupation or activity,or a building or structure,whether standing,ruined,or vanished,where the location itself possesses historic or archaeological value regardless of any existing building,structure,or object. Skilled Nursing Facility "Skilled nursing facilities"provide 24-hour direct medical,nursing and other health services.Registered nurses, licensed practical nurses,and nurses'aides provide services prescribed by resident(s)physician(s).Skilled nursing is for those persons who need health supervision but not hospitalization.The emphasis of this use is on nursing care, but convalescent,restorative physical,occupational,speech,and respiratory therapies are also provided.The level of care may also include specialized nursing services such as specialized nutrition,rehabilitation services and monitoring of unstable conditions.The term"skilled nursing facility"is also synonymous with the terms nursing facility and nursing home. Slope "Slope"is measured by the following equation S=E/D,where S is the slope,E is the vertical elevation change between two reference points,and D is the horizontal distance between two reference points.[Cross-Reference:see "Footprint,Sloped."] Slopes,Stabilized Building materials used to control an inclined ground surface where the inclination is less than 60°.This inclination is expressed as a ratio of horizontal distance to vertical distance. Social,Recreational,or Cultural Facility,Nonprofit Swimming pools,tennis courts,recreation centers,community centers,cultural facilities,open space,view points, and similar uses operated by a nonprofit organization made up of a homeowners association or associations, neighborhood groups or an association of such groups or neighbors,designed and intended for use by residents of the development. Solar Access Height Limit(Solar Access) A series of contour lines establishing the maximum permitted height for non-exempt vegetation on lots affected by a solar access permit. Solar Access Permit(Solar Access) A document issued by the City that describes the maximum height that non-exempt vegetation is allowed to grow on lots to which a solar access permit applies. Solar Feature(Solar Access) A device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a structure,heating or pumping of water,and generating electricity.Examples of a solar feature include a window that contains at least 20 sq.ft.of glazing oriented within 45°east and west of true south,a solar greenhouse,or a solar hot water heater.A solar feature may be used for purposes in addition to collecting solar energy,including but not limited to serving as a structural member or part of a roof,wall,or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 608/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT window.A south-facing wall without windows and without other features that use solar energy is not a solar feature for purposes of this Code. Solar-Friendly Tree or Vegetation(Solar Access) The full height and breadth of vegetation that the City Manager has identified as"solar-friendly"and listed in the "Solar Friendly Trees Report"dated April 1987,as that report may be amended from time to time;and any vegetation listed on a plat map,a document recorded with the plat,or a solar access permit as exempt. Solar Gain Line(Solar Access) A line parallel to the northern property line(s)of the lot(s)south of and adjoining a given lot,including lots separated only by a street that intersects the solar feature on that lot. Solar-Unfriendly Tree or Vegetation(Solar Access) Vegetation that is not solar-friendly. South or South Facing(Solar Access) True south,which is 20°east of magnetic south. Specimen Tree Particularly fine or unusual example of any tree species,including smaller trees such as dogwood,cherry,or Japanese maple. Standard Details The set of detail drawings contained in the City of Lake Oswego's"Standard Construction Specifications and Drawings." Steep Slope A steep slope is an average slope of 25%or more,when measured from the front lot line to the most distant point of the building. [Cross-Reference:Term is used in LOC 50.07.004.8.d.i(2)and is mirrored in LOC 38.25.180(1)(b)(iii);not to be confused with"Lot,Steeply Sloped."] Storefront The entrance facade of a building typically facing the street. Stormwater Runoff Water that results from precipitation which is not absorbed by the soil or plant material. Stormwater Storage Area A facility used for detention and/or retention of stormwater runoff. Story That portion of a building included between the upper surface of any floor and the upper surface of the floor next above,except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.If the finished floor level directly above a basement or unused under- floor space is more than six ft.above grade for more than 50%of the total perimeter or is more than 12 ft.above grade at any point,such basement or unused under-floor space shall be considered as a story. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 609/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Stream Flowing surface waters that produce a defmable channel or bed.Stream flows can be perennial,intermittent,or ephemeral.Streams do not include ditches,storm drains,or other artificial watercourses unless they are used to convey streams naturally occurring prior to construction or have come to function as natural water courses,thus contributing to the quality of an area's overall natural systems. Notwithstanding the above"stream"definition,for purposes of LOC 50.06.006.3.b(Standards for Approval),stream shall mean a natural body of running water flowing continuously or intermittently in a channel on or below the surface of the ground. Stream Channel A definable channel that demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels,gravel beds,sand and silt beds,and vegetated swales.A stream channel may be a bed with sloping banks or may be a swale with gradually sloping sides.In most cases there is a distinct grade break at the edge of the stream channel. Stream Corridor A stream corridor is an area of land that includes both a stream and the area ten ft.on either side of the centerline of the stream and any area beyond ten ft.that includes a set of natural features generally associated with the stream. See Figure 50.07.004-A:Wetland and Stream Corridor Measurement.These natural features include stream channels,floodplains,wetlands,riparian vegetation,associated vegetation,steep slopes,and habitat features.A stream corridor generally includes the following: a. Hydrological Characteristics.Physical features that affect stream flow capacity,rates of channel erosion and patterns of sedimentation including but not limited to stream alignment,cross-section and profile,roughness of channel and banks,and drainage patterns. b. Plant Communities and Wildlife Habitat.The association of trees,shrubs,ground cover,and aquatic plants that affects the hydrological characteristics of a stream corridor,reduces runoff turbidity,provides shade which lessens thermal pollution,filters out nutrients carried by runoff,protects stream corridor soils and slopes from erosion,and provides habitat for fish,wildlife and aquatic organisms. c. Soils with Potential for Severe Erosion.Soils within stream corridors tend to be very erosion-prone by nature. This feature affects channel erosion rates,patterns of sedimentation downstream,and potential for hazards to property within and adjacent to the stream corridor. d. Ravines and Steep Slopes.Lake Oswego stream corridors frequently include ravines and steep slopes. e. Associated Aquatic Elements.Floodplains and wetlands may be adjacent to or associated with the stream. Stream Corridor Functions and Values The beneficial characteristics of stream corridors,including,but not limited to: a. Protection of wildlife habitat and travel corridors; b. Protection of riparian vegetation; c. Erosion control; d. Flood and stormwater control; e. Water quality enhancement; f. Open space,passive recreation,and visual enjoyment;and The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 610/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT g. Cultural,social,education and research values. Stream,Perennial A stream or part of a stream that flows continuously above ground during years of average or near-average rainfall, as a result of ground water discharge or surface runoff. Street The entire width between the right-of-way lines of a local street,collector,or arterial capable of providing the principal means of access to abutting property. Streets,Primary(FMU) Primary streets in the FMU zone are Foothills Road,B Avenue,and Oswego Pointe Drive. Streets,Secondary(FMU) Secondary streets are all other public streets in the FMU zone not identified as primary streets. Stripping Any activity which disturbs vegetated or otherwise stable soil surface,including clearing and grubbing operations. Structural Alteration A change to the supporting members of a structure including,but not limited to,foundation,bearing walls or bearing partitions,columns,beams,girders or the roof. Structure That which is built or constructed,an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner.If the structure is located across separate parcels or lots and the portions of the structure are separately owned,the"structure"shall be considered to be only that portion of the structure that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot. Structure,Viable Existing a. An existing structure that complies with LOC 50.05.004,Downtown Redevelopment Design District; b. A designated historic resource;or c. A structure that is not likely to be redeveloped due to use,size,recent construction or other similar factors(e.g., City Hall,Main Fire Station,Bank Building at northeast corner of 4th and A,building at northeast corner of 2nd and B). Subdivide To divide an area or tract of land into four or more lots within a calendar year,when such land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.For the purpose of computing the number of lots created,each lot created shall be counted as a separate lot notwithstanding the fact they are held in common ownership. Sunchart(Solar Access) One or more photographs that plot the position of the sun between 10:30 a.m.and 1:30 p.m.on January 21.The sunchart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a 45- The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 611/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT degree and 30-minute northern latitude in ten-degree increments and solar azimuth from true south in 15-degree increments. Surcharge An excess load or burden of earthen material as defined by the State of Oregon One and Two Family Dwelling Specialty Code. Swale A swale is a depression,sometimes swampy,in the midst of generally level land that conducts surface water. Telecommunications Facilities Facilities designed and used for the purpose of transmitting,receiving,and relaying voice and data signals from various wireless communication devices.The following definitions apply to the regulation of telecommunications facilities: a. Abandoned Facility.A transmission tower and/or ancillary facilities whose use has been discontinued for a period of at least six months. b. Ancillary Facilities.The structures and equipment required for operation of the telecommunication equipment, including but not limited to antennas,repeaters,equipment housing structure,and ventilation and other mechanical equipment. c. Antenna(s).An electrical conductor or group of electrical conductors that transmit or receive radio waves. d. Attachment.An antenna or other piece of related equipment affixed to a transmission tower. e. Collocated Facility.A new attachment,antenna,or tower placed on existing suitable structures or the addition of new ancillary facilities to an existing transmission tower facility site. f. New Facility.The installation of a new transmission tower.New attachments are not new facilities. g. Pre-Existing Towers and Pre-Existing Antennas.Any tower or antenna constructed or approved pursuant to City standards in effect prior to the effective date of the ordinance codified in this chapter. h. Service Area.The vicinity around a telecommunications facility site that effectively receives signals from and transmits signals to the facility at the strength of signal required by the Federal Communications Commission. i. Shadow.A geographic area that has less than adequate telecommunication service coverage. j. Tower Footprint.The area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or overhanging equipment,attachments,or structural members but excluding ancillary facilities and guy wires and anchors. k. Tower Height.The vertical distance measured from the highest point on the transmission tower or other structure,including any antennas,to the original grade of the ground directly below this point. 1. Tower Pad.The area that encompasses the tower footprint,ancillary facilities,fencing and screening. m. Transmission Tower.The guyed tower,lattice tower,monopole,or similar structure on which transmitting or receiving antennas are located.For purposes of this Code,ham radio transmission facilities are considered"aerials" and not"transmission towers." i. Guyed Tower.A tower which is supported by the use of cables(guy wires)which are permanently anchored. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 612/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT ii. Lattice Tower.A tower characterized by an open framework of lateral cross members which stabilize the tower. iii. Monopole.A single upright pole,engineered to be self supporting,and does not require lateral cross supports or guys. Temporary Lighting Lighting installed with temporary wiring and operated for less than 60 days in any calendar year. Temporary Structure A structure used for one year or less. Theater,Indoor A building used primarily for the commercial exhibition of motion pictures to the general public or used for performance of plays,acts,dramas by actors and/or actresses. Towing Service and Yard A business that removes vehicles by towing,carrying,hauling,or pushing from public or private property when such vehicle has been either requested by the vehicle owner to be moved,or ordered by the property owner or law enforcement agency to be impounded.Towed vehicles are stored on the site of the establishment until retrieved by the owner for a fee.Use does not include junked,salvage,or permanently inoperable vehicles or equipment. Townhouse A dwelling unit that is part of a row of two or more attached dwelling units,where each unit is located on an individual lot and shares at least one common wall with an adjacent dwelling unit,with no dwelling units sharing common horizontal surfaces.The common wall shall consist of a structural wall that is shared for at least 25%of the length of the side of each dwelling unit.A townhouse is also called a rowhouse,attached townhome,or a common- wall house. Townhouse Project One or more townhouse structures constructed,or proposed to be constructed,together with the development site where the land has been divided,or is proposed to be divided,to reflect the townhouse property lines and any commonly owned property. Traffic Evaluation A report or analysis,conducted by a qualified professional such as an architect,landscape architect,engineer, surveyor,as applicable,to examine the impact(s)to an aspect of the transportation system,i.e.,determination of the location and configuration of an access,sight distance analysis,pedestrian crossing evaluation. Traffic Impact Study A report prepared by a professional engineer that assesses the impacts that a particular development's traffic will have on the transportation system in the defined study area and provides an analysis of a proposed transportation solution,if needed. Transit Facilities Includes,but are not limited to,transit streets,transit stops,park and ride stations,multi-modal exchange stations, bus pullout lanes,multiple-passenger transit waiting shelters and furniture,and transit information stations. Transit-Oriented Development(TOD) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 613/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A mix of residential,retail and office uses and a supporting network of roads,bicycle and pedestrian ways focused on a major transit stop designed to support a high level of transit use. Transit-Oriented Features Features to support a high level of transit use,such as sidewalks,accessways,bikeways,pedestrian and bicycle amenities,and walkways within developments. Transit Service,Protected Service which will be established within a one-fourth mile radius within five years after completion of development. Transit Street All streets designated by the Lake Oswego Comprehensive Plan as an arterial street and any street designated by Tri-Met as a bus route. Transportation Depot A facility that includes single or multiple structures,including outdoor areas for storage of vehicles,that serves as a distribution or dispatch center for transportation,such as buses,taxis,and other similar modes of transportation. Accessory vehicle repair,fueling,and office uses are permitted. Transportation Project A public or private road,street,sidewalk,pathway,bridge,tunnel,rail,or transit improvement designed to facilitate the movement of people or goods within the community.The term includes improvements for drainage,bank stabilization,and erosion control which are related to a transportation project. Tree Grove A stand of three or more trees(of the same species or a mixture)which form a visual and biological unit,including the area between the forest floor and the canopy,including skyline trees,and including any understory vegetation existing within the canopied area.A stand of trees must be at least 15 ft.in height and must have a contiguous crown width of at least 120 ft.to qualify as a tree grove. a. Associated Tree Grove.An associated tree grove is one that contributes to the resource value of a riparian area by extending and operating in conjunction with the habitat of the riparian area and providing flood control and water quality enhancement.A tree grove is associated if any portion of its subsite is contiguous with an RP District (stream corridor or wetland),or is contiguous with an RC District(tree grove)that itself is contiguous with an RP District.A tree grove subsite is a unit of analysis in the Natural Resource Inventory,as existing or as updated. b. Isolated Tree Grove.A grove of trees that is not an associated tree grove. Triplex Three attached dwelling units on a lot. Truck and Trailer Rental Use of any building or land area for the rental of heavy trucks,trailers,vans,and other vehicles primarily used in transporting property or freight,and includes sales of moving accessories.This does not include auto and light vehicle rental or general storage,which are listed as separate uses. Undevelopable Area(Solar Access) An area that cannot be used practicably for a habitable structure,because of natural conditions,such as slopes exceeding 20%in a direction greater than 45°east or west of true south,severe topographic relief,water bodies,or The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 614/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion;or man-made conditions,such as existing development,which isolates a portion of the site and prevents its further development;setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement;or existence or absence of easements or access rights that prevent development of a given area. Undisturbed Slopes Slopes,or portions of slopes of natural topography,vegetation and soils that have not been previously altered for slope stability,i.e.,recontoured,graded,and/or terraced,and the alteration of the slope was either performed in accordance with or subsequently approved by a licensed geotechnical engineer,registered civil engineer experienced in soils engineering,or licensed engineering geologist. Uplands(or Upland Forests) The nonriparian portions of tree groves lying outside of stream corridors,wetlands,and their respective protected riparian areas. Use,Accessory Any use incidental,subordinate and consistent with the primary use on the same lot or in the same building,and which is consistent with the uses allowed in the zone in which it is located. Use,Change of A change of the activity on a site which results in a change in the number of parking spaces required by the parking and loading standard. Utility For purposes of this Code,a"utility"is any person(as defined in this section)who is a local exchange carrier or an electric,gas,water,or other public utility,and who owns or controls poles,ducts,conduits,or rights-of-way used,in whole or in part,for any wire or cable communication. Vanpool A group of from seven to 15 commuters,including the driver,who share the ride to and from work or other destination on a regularly scheduled basis. Vegetation All plant growth,especially trees,shrubs,mosses and grasses. Veterinary Clinic A facility providing surgical and medical treatment to animals,which may include overnight accommodations for treated animals,but not crematory facilities.This use may include an outdoor run meeting the use-specific standards in LOC 50.03.003.6.z.A larger outdoor run or other outdoor facilities may only be allowed with a conditional use permit.Accessory uses may include grooming,retail,short-term boarding,training,physical therapy,and similar pet-related services. Walkway A surfaced strip of land,legally accessible to the public,improved to accommodate pedestrian traffic. Wall The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 615/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A structure which stands alone and which supports no load other than its own weight.The wall may have a solid vertical surface or may have an open pattern. Walls,Exterior Any wall or element of a wall,or group of members,which defines the exterior boundaries or courts of a building and which has a slope of 60°or greater with the horizontal plane. Wall,Retaining A structure of masonry,wood,stonework or other building material serving to support or protect an area.For the purpose of this Code,stabilized slopes 60°or greater in inclination shall be considered retaining walls. Water Bodies "Water bodies"include rivers,streams,creeks,sloughs,drainageways,lakes,ponds,and permanently or temporarily flooded lands which lie below the deep water boundary of wetlands.Water depth is such that water,and not the air, is the principal medium in which prevalent organisms live,whether or not they are attached to the bottom.The bottom may sometimes be considered nonsoil or the water may be too deep or otherwise unable to support emergent vegetation. Water Conveyance Capacity The capacity of a watercourse to convey a particular volume of water per unit of time at a particular water surface elevation at any particular point on the watercourse. Water Courses Water courses are defined as ephemeral,intermittent,and perennial drainageways which exhibit defined channels: a. "Ephemeral"means water courses which convey water associated with rainfall events. b. "Intermittent"means water courses whose conveyance of water is seasonal in nature. c. "Perennial"means water courses which convey water year-round. Water courses also include perennial springs.They may be either the result of natural processes or human-made features such as canals,mill races,and open drainageways which are either historic in nature,or have come to function as natural water courses,thus contributing to the quality of an area's overall natural systems including hydrology,vegetation,wildlife habitat.(See"watercourse"for purposes of LOC 50.06.006.3.b,Standards for Approval,and LOC 50.05.011,Flood Management Area.) Water Quality Protection Actions(Historic Preservation) Activities,including construction,related to waterways,canals and water bodies intended to affect the quality of water including,but not limited to,dredging,siltation removal or transfer,siltation dams or gabeons;maintenance, repair,additions,alterations,removal and replacement of utility lines located in the water body;weed or algae control,weed or algae harvesting measures;chemical or biological treatment and water filtration;other water quality improvement measures including temporary stoppage of water flow;management of fish,water fowl and wildlife; raising or lowering water level;control of water flow rate including periodic,temporary or emergency stoppage or drainage;diversions,dams or channel relocations. Watercourse A natural or artificial channel which conveys stormwater runoff. Water Dependent Use The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 616/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT A use or activity which can be carried out only on,in,or adjacent to water areas because the use requires access to the water body for water-borne transportation,recreation,energy production,or source of water.Water dependent uses include,but are not limited to,boathouses,docks,decks,marinas,piers,boat lifts,or similar structures.A cabana is not a water dependent use. Water Distribution System A system consisting of underground pipes,house service lines,valves,hydrants,and other appurtenant structures provided for the transmission of potable water to its point of use. Wetland An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support,a prevalence of vegetation typically adapted for life in saturated soil conditions,commonly known as hydrophytic vegetation.Wetlands generally include but are not limited to swamps,marshes,bogs,and similar areas. a. Isolated Wetland.A wetland that is not linked or connected to an adjacent stream corridor,wetland,tree grove, or other wooded area. Wetland Functions and Values The beneficial characteristics of wetlands,including but not limited to: a. Wildlife and plant habitat protection; b. Protection of sensitive,threatened and endangered species; c. Erosion control; d. Flood and stormwater storage; e. Water quality enhancement; f. Ground water recharge; g. Open space,passive recreation,and visual enjoyment; h. Cultural,social,educational,and research values. Wholesale Distribution A business primarily engaged in selling and/or distributing merchandise to retailers,business users,or other wholesalers,or acting as agents or brokers and buying merchandise for,or selling merchandise to,such retailers, business users,or other wholesalers. Yard An open,unoccupied space,other than a court,unobstructed from the ground to the sky,except where specifically provided by this Code,on the lot on which a building is situated. Yard,Front A yard,the front of which is the front lot line measuring at right angles toward the building the required distance or to the front exterior wall of the building. Yard,Rear A yard,measured at right angles from the rear lot line toward the building,the required distance. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 617/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Yard,Required The area of land and space between a lot line(or for lots with special street setbacks,the special street setback line if outside the right-of-way)and a setback line,whether the setback line is established by the terms of this Code or by an approval granted pursuant to this Code. Yard,Side A yard,measured at right angles from the side lot line toward the building,the required distance. [Cross-References:Old Town styles:See LOC 50.05.006.2,Definitions of Old Town Styles;Village Character:See LOC 50.05.004.4,Definition of Village Character.] (Ord.2909,Amended,02/07/2023;Ord.2892,Amended,06/07/2022;Ord.2884,Amended,04/05/2022;Ord.2847, Amended,01/04/2022;Ord.2853,Amended,11/03/2020;Ord.2851,Amended,09/15/2020;Ord.2841,Amended, 09/01/2020;Ord.2832,Amended,01/07/2020;Ord.2815,Amended,07/16/2019;Ord.2797,Amended, 11/06/2018;Ord.2784,Amended,07/03/2018;Ord.2783,Amended,06/19/2018;Ord.2762,Amended, 03/06/2018;Ord.2732,Amended,02/21/2017;Ord.2725,Amended,12/06/2016;Ord.2723,Amended, 10/18/2016;Ord.2709,Amended,05/17/2016;Ord.2695,Amended,02/16/2016;Ord.2687,Amended, 12/15/2015;Ord.2668,Amended,12/01/2015;Ord.2667,Amended,10/20/2015;Ord.2644,Amended, 04/07/2015;Ord.2651,Amended,02/17/2015;Ord.2643,Amended,11/04/2014;Ord.2639,Amended, 06/03/2014;Ord.2635,Amended,05/06/2014;Ord.2612-A,Amended,05/21/2013;Ord.2599,Amended, 12/18/2012;Ord.2526,Amended,12/18/2012;Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 618/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT LOC 50.11:APPENDICES 50.11.001 .APPENDIX A—LAKE OSWEGO STYLE 50.11.002 APPENDIX B—INDUSTRIAL LAND USE POLICY ELEMENT(Repealed by Ord.2706, 06/07/2016) 50.11.003 APPENDIX C—OLD TOWN STYLES DESCRIPTION 50.11.004 APPENDIX D—LAKE OSWEGO MASTER PLANT LIST 50.11.005 APPENDIX E—COMMERCIAL LAND USE POLICIES(Repealed by Ord.2732,02/21/2017) 50.11.006 APPENDIX F—MARYLHURST CAMPUS INSTITUTIONAL AREA 50.11.007 APPENDIX G—FOOTHILLS BUILDING AND SITE DESIGN STANDARDS 50.11.001 APPENDIX A—LAKE OSWEGO STYLE 1. ARTS AND CRAFTS STYLE 1900-1920 The Arts and Crafts movement originated in England in the 1880s when the designer William Morris(1834-1896) began writing and lecturing about the need for a"new birth"of the arts.He rejected classically inspired art and looked instead to the Middle Ages,local traditions,and nature for inspiration and subject matter.According to Morris,art was for everyone,not just the wealthy,and everyone was a potential artist or craftsperson.He feared that the prevailing doctrine of"art for art's sake"was causing artists to lose touch with real people and life,and that his attitude would eventually kill art's vitality.Ardent and articulate in his views,he persuaded others to look at common objects such as furniture,metalwork,wallpaper,textiles,and houses as subjects worthy of artistic expression.His philosophy became so influential that the Arts and Crafts Society was formed;it espoused the virtues of natural materials and fine craftsmanship,encompassed all aspects of design,and elevated the crafts to the status of art. Although Morris was not an architect,he influenced many creative English architects,including Philip Webb(1831- 1951),who designed Morris's house,known as the Red House,in 1859.The design,modeled after local Gothic vernacular houses,was considered radical because vernacular houses were generally regarded as inferior and unworthy of emulation.The ideals of the Arts and Crafts movement—love of nature,and respect for the common man and craftsmanship—led many architects of the time to base their designs on traditional,rather than classical, houses built by country people out of available materials. Two other English architects,C.F.A.Voysey(1857-1941)and Sir Edwin L.Lutyens(1869-1944),also influence the architecture of the Arts and Crafts movement.Voysey,who also designed furniture,wallpapers,and fabric, simplified and adopted English country house designs,creating a"new"usually smaller home for middle-income families.His work was published in Europe and the United States throughout his life.The Wade Pipes House(120), in Portland,with the medieval roof pitch of 45°,and the low opposing slopes of the two gables,clearly shows Voysey's influence. /// *The style descriptions are borrowed from the book"Architecture,Oregon Style." [Cross-Reference:Clark,Rosalind."Architecture,Oregon Style."Portland:Professional Book Center,1983.] Arts and Crafts Style 1900-1920 Characteristic Elements of the Style • Steeply pitched gable roof,often with intersecting or double gable dormers,or with one slope occasionally sweeping close to the ground. • Prominent chimneys. • Asymmetrical composition,generally rectangular,with roof,window and porch projections. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 619/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT • Casement and sash windows with many small panes,segmental and round arched openings used for accent. • Stucco,shingle,brick,or horizontal siding sometimes used in combination. • Simplified English vernacular elements such as simulated half-timbering and simulated thatched roofs. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 620/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Arts and Crafts Style 919 West Point Road ��. a '-NI-.--- A -4 . i ii 1 ,; r�r s , .•ia , •+ate +� Y�••�'.'wt P L . r Kam- � ' • � Rom_ ~--.. --v..'.;.•;•-i• 7.4—.--'.-r.—I A-- 7"--_.•—•._ . ,:lir:-:. '-'-'1. '''. ' Arts and Crafts Style 1515 Cherry Lane The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 621/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT • y.r - s 4a a ' r' -- l 1 I. .1I: It IL .... Ak; Arts and Crafts Style 768 North Shore Road '4•. .1 ` `.:i•:t +. . • RI -- "�11 ' ‘).p_... ` Will IMP::: -. ....A. i14 t •.-... _- • .00 '.• ..• r , - - •�1. fi r.-• , .Ter T r... H.- A Arts and Crafts Style 1125 Maple The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 622/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT - . . . - • ..--...- ,We'r.P. ' 1 . -.'Illek',',:.. f.:4 irli" t ir,,17•-i"Vetr:.-1-•ii;Vitt:,',...,ir.•••,:l 7..' .; 5,4- V.It. TN."'-'"1 J1,1040 . 1 Wiwi.'1."11,1041,titi./4;FX,I.:11r!_=','-•:;;,,,::.-•,.i , !-1 VI io. /Art.'-46 ild. ' . .41.lierikell.:,.',Attl'frkjrroVitr,filiVItoe:'- f !.4 f i'ir Ir:SN' 4-/illk -- '-41,,,x,i41,4V:. 7P;i4o.:1.-041t3,T4L•71M•V*404WV. 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'hilt 71 a, . 1. . .--11 • ••• 1-7 P-01.' .- ','I r,..I.P.--..,- ..;,.... : .61 .:'infiN).: .1": -'•- . if AE $ i 1 •,.• • 4.-• :-, 14 f•.!.e-74 ..'.•.' •". -1,.... ktil. f4.... . ...:,At; Ilikeli ..--`'Le ''- , ,s 4 i.;',:,.f- .ir,4-,41-, i 1 - • ...--:-Iit:',L,...1"' -• • ' viii- • .....„.•-•"'44Mink -- i "'1,rj .• : .,-,—_, • .1-_. .•....40• . ..re.„,..,...,. ,. r,..1 _, _,_ ___,..T..,.f=sum,p•-----: -. - -t .-- -. -47.-- -,..,r.•.,......---... .--.••;.d.mfr...-- -------- _-.----:---;.. --Ii• -..—__,..4..0,. • i.--,•,_. -„-_:.,„. -.--- -------_.:_.. .______ ....=•.-- --z, Arts and Crafts Style 13100 Riverside Drive .J..-L'•-- 'i! ,,,,:,......„.., •:.,;::A.,J.4...„,:krip.:-.e.,„-,-,''',..i' ," ' -1;'..V.q..'1,.:"?,)r.ti lIg•-14ir •. -. - , i1,,....,..,.,I.,•--.,..-.....i..0,1;yr - . 4,.7../'-r....-Y-d•'`.,' ;;,--..1.-_WI, . --,. • - - 0 • Air 0.- • • '. •••2i.';. .'• . „ -,... ... .....• IF • ...„..._ i- .. ...- • ., , 1:1:;:, — ' o.,•! ,.•,. . • - v, ..-L.•-k,.\ - - A •--..- -.::;,\ •' .. — .....• ‘i• , . 11_L ; .. •• .. - -• ...• -- --.....I .The Lake Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 623/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT y T . L., - J. M1 + AYf f Itil - . 1 Arts and Crafts Style 4375 South Shore Boulevard t I C •• f.•.rf r .1 1 .' \lif ' . .e- r• r ›:(1. x ..d .' . lr'• . r t • �~--e • ti ifs _ • (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 624/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 2. ENGLISH TUDOR STYLE 1910-1935 Characteristic Elements of the Style • Steeply pitched gable roof,often with double gable dormers,or lower roofs behind ornamental parapets. • Prominent fluted chimneys. • Rectangular shape with vertical projections. • Bay,oriel,dormer,and many-paned windows,sometimes with leaded glass. • Brick construction,with bricks sometimes set in intricate designs;wood-frame construction,with stucco finish; or a combination of brick and stucco construction. • Tudor-arched or round-arched openings,especially in the entrance door;quatrefoil or medieval designs in decorative trim;imitation half-timbering.Brick buildings have contrasting stone moldings. The English Tudor style was one of the most popular styles in the years following the First World War.Wealthy Americans were attached to the English country manor house and used it as the model for their suburban homes. The characteristic half-timbering,usually only a superficial design placed upon a stucco wall,was based on the medieval tradition,which called for heavy timber framing with wattle and daub(a mud-and-straw or twig mixture) or brick infilling between the timbers.The sources for this fashion are to be found in English buildings of the sixteenth and early seventeenth centuries.Good examples can be found in most towns and cities throughout the state. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 625/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT English Tudor Style 737 Country Club Road • lY eo air 411 ,f . _ am 1.'• -_ •r "-• • .--... - English Tudor Style 409 Edgecliff Road 4.1 • • The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 626/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT English Tudor Style 1515 Cherry Lane ti I 4. .L- r. 1:• -+_ :'f,L. S- i —µ _ 1 ,! :'t • • English Tudor Style 1097 Chandler Road . • / E .mac :. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 627/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT English Tudor Style 1650 North Shore Road ';''...21.:.. : .,r. F . . } _ .. A: -Alia.'-''' . t„, ..„..._ _ ......,,,. .... . .,. ,...__tt....: .....:2„,:„...ll, ....,_ 0„. - .,- ,_ Lam -„, •`r r _.._ __. . IK ar ._-- _. „11 ,T- .-_,u'-` - . .. -• _.. - . - (Ord.2579,Repealed and Replaced,03/20/2012) 3. OREGON RUSTIC STYLE 1915-1940 Characteristic Elements of the Style • Moderately pitched hipped and gable roofs,sometimes in combination. • Large stone chimneys. • Asymmetrical composition. • Numerous small windows with many panes and simple undecorated frames,dormer windows. • Log construction,unpeeled logs or half-round logs applied as siding;board-and-batten or shingled siding left unpainted;natural materials such as river boulders or rough stone used in foundations or as siding for first-floor levels. • Handcrafted rustic decorative elements:carved newel-posts,handwoven textiles,and log or bent-twig furniture. The Oregon Rustic style is comparable to the National Park style used for the lodges and buildings in national parks around the country.These buildings,designed to harmonize with their forested settings,used natural materials such as logs and local stone,and sometimes emulated to the look of pioneer or folk architecture.They resemble early log buildings but differ from them in their self-conscious use of rustic elements.The Rustic style was also influenced by the Great Camp architecture of the Adirondacks,a style used in resorts built for very wealthy American families between the 1880s and the 1920s.The buildings of these resorts were mansion-like wooden structures that used logs for siding,branches for posts and other rustic materials for furniture and decorative details. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 628/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Perhaps the first Rustic style building in Oregon was Cloud Cap Inn,built on Mount Hood in 1889.Its design by William H.Whidden featured log construction,a stone chimney,and a wood shake roof,trademarks of the style. Crater Lake Lodge,built in 1914 with additions in 1924,and Oregon Caves Chateau,built in 1934,were both constructed in the National Park tradition.Timberline Lodge,built on Mount Hood between 1936 and 1938 as a Works Progress Administration(WPA)project,is the finest example of the Oregon Rustic style.The Timberline project employed some of Oregon's most noted craftsmen and artists,and remains today as a monument to their skills. The United States Forest Service used this style in ranger stations,shelters,and lookouts in the early 1900s.During the Great Depression,the Civilian Conservation Corps(CCC)adopted the style in the many structures it built in recreation areas across the country. /// The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 629/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Oregon Rustic Style 16722 Greenbriar Road ptt, ,,,-;-_ t- A ''- �.M1 r: lam fff 'r,-„x .r Y ;. ''C= 1.. ; f µ.• e•tr• �.. - — i _ til l- , -.. Oregon Rustic Style 16865 Greenbriar Road 4r �' } •Esc}, -tw, SSa�l • ,r .. - -- .Y -..- - The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 630/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Oregon Rustic Style 876 North Shore Road I ....:467:111....--""17:1761:-.C--.."..111`!.. ....fiziov.vi .,,,u_ .:.. ..... _4:!.•1 N.M. r ,� - .,.. , - a • s :. '' iiC y7ry /// (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 631/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 4. LOC 50.05.004 FIGURES FIGURE 1 LOC 50.05.004.9 (Parking Requirements—portion of Downtown Shopping and Business District) I T! tlE T S51 irs I SM�� xr a 111 11I111 r > 14111) ►1r EMP _ * • `ter 4 a lir 211 5.1 } }}!! � II I1 3. .' Ci`rF— IYY l q � °` iii4 El A E 'rr b "413 '' 4 FIGURE 2 LOC 50.05.004.5 (Street Corners) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 632/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Funding \ Sidewalk \\�\ \\\\\ \\ ___1 ■ Column supporting building above Sidewalk ---k..4\ A = C rr7T/// • may be free standing column or obelisk Building I FIGURE 3 LOC 50.05.004.5 (New Building and Secondary Building Entrances) ALLEY(BEFORE) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 633/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT --- . \ a • , ' 1 ! ` v- 111 NI YYa 4 ` 1i sr—. a�� �ST�,f ., ,.. ,...........„,„ . _._ -"rill r2--..1"1.•';'-tA. . di il. 1 I Ailip-_,_ --- _ -Con. _ ALLEY(AFTER) t^ 4 ' . iiiiik• ii• aram,......itilr ail 0. i;;4 li !I A / . - -1_:,..7,..r. -. ,....i„..... _________ • .....,,.. __- _,,, hatok.t 116,0011tPr---- ,---7-7--7: .I ____.— pal Witifilly 1;Arr -1593 I FIGURE 4 LOC 50.05.007.5 and 50.05.004.6 (Building Design—Storefront Appearance and Awnings) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 634/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT u V I 0 / ) - 'a . i ,.v J-,.. 0 rt uil 110__,--,----.-.,-...k-I -f1 . ,, i11, 3 j'4 u 1 it I P - 11111 • Shed type awning with open end(above)and closed end(below).Both with valance. • Storefront appearance at ground level. • Brick pavement panel(below): The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 635/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT ,.r �w r - gli 2. , r.. 11 \i„.:4„ - .___771 ... .,ii.. ..7_ :-..: _ . ._:,_______ _-__v. . • .....- _. \ ,, ,..3,... ._.____ ......... ........ _ FIGURE 5 LOC 50.05.004.6 (Building Design—Ground Floor Design) • Mixed use structures—retail below/office or residential above. • Stepped cornice due to slope. • The gable roofed building is masonry at lower level to establish a strong visual base. • The flat roofed building is all masonry. • Signage opportunities on awnings and in cornice band or hanging above cornice. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 636/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT _______I ....., 41). Awe,,.4 0 0 _...w 4 ■piILU1N r ■ I__...i= iii i..aPLPU Ilialtit 1 t_. AA EMU FIGURE 6 :., i! a :.I i 'i P j;{, -.. ' .' ".-' r -"t_:- . . New buildings borrow from the adjacent English Tudor building. Note complementary massing,roof forms,masonry chimney and building base.One site defines the street with a hedge,the other with a masonry and metal fence. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 637/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT FIGURE 7 LOC 50.05.004.6 (Landscaping and Site Design Requirements) •ems �.= is -... cy v�r 'I. ...l '1- - �. 1111111111 • -- eafitt.:-L''111.1i1-141.-14111;INIIII.' 111111iliii 11-il : ..,.--,1-zae-- asiiiii...6:....7,,,-41015 i, -liiiiii W-I til r, .1. .a ,�6,4 e/Wi423/ n • _�_�=_. a . . _,,..,, ____.._.„,,....„:„ .• , ,..... . .:11.1: .41 _,_,,,k., ,,,,„,y am,..Ul: �rr1 im=NZ'J _`L T ' F 7._ Ain • Riverplace in Portland-a successful mixed-use project along a public y. promenade. • FIGURE 8 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 638/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT LOC 50.05.004.8 (Landscaping and Site Design Requirements—Street Furniture and Lighting) ig U • 6R1lhtilliifliji VW,. zr-7---713ThY-rei r. 1. .. - q 6:,,.. . 1....4,r_Al."- ...3 .-- . ._••• A bilk , . .s.. '47. FIGURE 9 The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 639/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Brick Basket Weave Herringbone Bunning Crbib Diagonal i,*ii 1,,Irigl ., i.,:•....:, ......,...;4- Illi Il In- ,:qs,. vN, Mi I ;1• :.-,40,..:,•:,.., .,:\..'1. (1 i rim--a I EA1.41,104k I VI 1-411' -100- .mt . milio - ._.. I 1IN. •• WWII Mr F UM WillAil 1 111111 . ik.40k. II in-, il . t-i." -..:-/Ii: insiani 4_, i !fr7iffird. im �• +teairii * . ' �;vi •'• I. AL . loor.. upliapl., 71i • 16 7/• '— dip, _im__.r• r j 4m.,s --Tl iasw,b+e v ; ) 1 011.1 M 1 i. .,. pl-re ,` r.. inimmoommi sectangu:ar Randall sta1-1rrRguler Irregdlo: Crecy Paving Rectangular ifitiedi liriegular Stoneunfitted) FIGURE 10 LOC 50.05.004.8 (Landscaping and Site Design Requirements—Walls) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 640/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Fr— 1 I 11 4 r .. ]1shl,ar with Chamfered quoins Rustication I fr ..... __, .„,._ " _ ..... . `. - ti. , -- .... ChamEered Rustication gamed Rustication Y-11 -I —7- ! r-11 ,..›kr. --1 -iplir/ .. ; 4,40' — 1 ilm T� "I - �. 4 Dressed Stone Cyclopean (rock—faced) Stone 1 nn 1 a - 7 , - ' }� I. ( _ Snacked Stone Random Rubble FIGURE 11 LOC 50.05.004.11 (Parking Structures) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 641/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT r F1.7. • T I\ Parking structures can be integrated with residential or commercial building by using similar materials and similar proportions of openings and by extending horizontal elements(i.e.,cornice). y E El E El El El Ei IE1 . E1EREEErI The garage entry takes advantage of topography to be visually subordinate to the pedestrian entry. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 642/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT FIGURE 12 LOC 50.05.004.12 (Street Alley and Sidewalk Design—A Avenue) . tiel- IIIIIIlj : . l�MI`r 411. ■ ; _ it lam'r tb;: om_, ANL `= _ - _- r", + al` ai'k.' � r : .gi ,4• .-4.. fir ,.„....,.-1 age: __ ...Ian k" �;;QJI.. It..; iiZ 41 . }-V awllll' lla - t w..� I r ' +- i —INV if CM} Zli I ea Vic Inln:Ii w r,_ _ ` -�Il�mu�i�',�p��aulma ` _I. I: ? +if'r°E �I. _Y (Ord.2579,Repealed and Replaced,03/20/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 643/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 50.11.002 APPENDIX B—INDUSTRIAL LAND USE POLICY ELEMENT (Repealed by Ord.2706,06/07/2016) 50.11.003 APPENDIX C—OLD TOWN STYLES DESCRIPTION Structures in the Old Town style shall be characterized by simple massing and composition,use of natural building materials,window and door openings emphasized with trim,and gable and hip roof forms. Structures shall consist of elements from not more than two of the following traditional American home building styles:Early 1900 Vernacular(gable-front or gable front-and-wing),Craftsman,and Cape Cod. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 644/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 1. Early 1900 Vernacular Style u 1 [ 0 L UJ . .• — , i ;" l` f' Cr 1 go ! i _. --. - i i I:I,. • f.;.r' ". a• MI ram Examples from elsewhere Examples from Oid Town 2. Cape Cod The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 645/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT • /To , r 1, leekdni T` '': w i Examples from elsewhere Examples in Old Town 3. Craftsman The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 646/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 3 � _ iT. rY ii.. o f; • will ka Ill j Mil yi II 1 l u LI I, • Examples from elsewhere Examples from Old Tows 4. Fences All fences or walls over five ft.in height shall incorporate an open design where areas,either at the top of the fence or wall,or throughout the fence or wall surface in a regular pattern,are permeable to light.The solid surface area of any fence or wall over five ft.in height shall not exceed 83%of its total area measured in any five-ft.wide section. Lattice is exempt from the above calculation(LOC 50.05.006.7). Examples of Fence Types: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 647/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT n_ 1 - - _T 0 IQ - Il ? I � I � I Fence Type A Fence Type B 6111-1 I flflflnrnrr nr nnfffln, . lI Fence Type C The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 648/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT • 'I;) I Y � it"`I If T. • -F-1 �'r' • T— - C iii . . _ — -T :14. r.. , . . . , _, _, . ,,,, ,.,.. . _.., ---f i ,-.7.7,-..„.,. ..,. „. .„, 1 ....,,,„ : ,, . , .1 . . -r:4._.-_. ;...'..t.-..4..i.'.''',• . 1- ;,tith ' r ti :'„i d 1.. -•.!.,...Aq.'„,1.Q,.ic.L-.i -1.1 ; I lid •,a�. . . I;'d iff.' .;--. Sir .- 1 i- ! - tUiiiU1LllllhIlI1IIIIII - .: iiiiiiii hill [11 I / `x 1 i i;ti1 I Fence Examples 5. Rockwork Rockwork as a tradition in Old Town The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 649/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Ih Til,I4.. LI .r -•4';,� fit: ` iv _Puri . s--. 6. LOC 50.05.006 Figures ARCHITECTURAL MASSING Figure 1.Example of primary and secondary roof forms The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 650/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Primary roof __________ _____„___A ..._______ ..______.-_________ _____ _..._______, ________ now _-___....,—_—___.„( mipm secondary roofs. Figure 2.Create visual linkages.Offset building walls and rooflines.Incorporate similar roof forms and smaller design elements.(Note:The intent of this drawing is not to indicate that full-length porches are not The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 651/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT acceptable for multi-family dwellings,but that design features must be considered along with overall form and massing to achieve compatibility.) Less rya1*l unbroken nideh siOnkontrin 1MAP,nlg Lliuwine l•eaken into mnAlier ui.rruiitiisr wish porches and pmjLtilinIfo inr bitting one rtory maidencee 111 • - "4) ARCHITECTURAL MASSING and GARAGE PLACEMENT Figure 3.Create visual interest along the street.Incorporate porches,dormers,and bays to reduce scale of buildings and so as to relate better to existing structures. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 652/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 11 Streat wall broken up "Into smaller planes with windows,entry and zit 71 f dGYnli:Y (leo ~ If/L Gl fitl 111 ail Le e ALLEY 7 I.. .. - [ 11:;11 ZULGI STREET STREET STREET (Ord.2651,Amended,02/17/2015;Ord.2579,Repealed and Replaced,03/20/2012) 50.11.004 APPENDIX D—LAKE OSWEGO MASTER PLANT LIST The Lake Oswego Master Plant List identifies plants appropriate for landscaping in specific areas,i.e.,resource areas,street trees,West Lake Grove Overlay District,or for other purposes as established in this Code or elsewhere in the Lake Oswego Code,that either identifies plants that: The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 653/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT a. Are adapted to local soils and growing conditions,provide food and shelter for native wildlife,and generally do not require fertilizers or pesticides,and do not require long-term irrigation,which can increase erosion and sedimentation;or b. Are detrimental to existing vegetation,or to the functions and values where located,or to the character of the area where planted;or c. Meet the requirements of plants as specified in the particular sections of this Code,or elsewhere in the Lake Oswego Code. This plant list is divided into the following subsections: 1. Native plants. 2. Invasive plants. 3. Street trees—prohibited. 4. Street trees—approved(applicable to LOC 50.05.006.7.c,Old Town design standards only). 5. Solar friendly plants(see"Solar Friendly Trees Report"dated April 1987). 1. Native Plants The plants below are native to the Willamette Valley.They are adapted to local climate and soils.Planted in the right location,they should thrive with little or no maintenance. Scientific Name Common Name Native Tall Shrubs/Small Trees Acer circinatum Vine maple Amelanchier alnifolia Western servicebeny/Saskatoon Berberis(Mahonia)aquifolium Tall Oregon grape Comas stolonifera Redosier dogwood Corylus cornuta Hazelnut Crataegus douglasii Douglas hawthorn Euonymus occidentalis Western wahoo Holodiscus discolor Oceanspray Lonicera involucrata Black twinbeny Malus fusca Western crabapple Oemleria cerasiformis Indian plum Philadelphus lewisii Mock orange Physocarpus capitatus Pacific ninebark Prunus virginiana Chokecherry Ribes sanguineum I Red-flowering currant Rosa gymnocarpa Baldhip rose Rosa nutkana Nootka rose The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 654/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Scientific Name Common Name Native Tall Shrubs/Small Trees Rosa pisocarpa Clustered wild rose Rubus parvorus Thimbleberry Rubus spectabilis Salmonbeny Sambucus cerulea Blue elderberry Sambucus racemosa Red elderberry Vaccinium parvifolium Red huckleberry Vaccinium ovatum Evergreen huckleberry Scientific Name Common Name Native Trees Abies grandis Grand fir Arbutus menziesii Madrone Acer macrophyllum Big-leaf maple Alnus rubra Red alder Cornus nutallii Pacific dogwood Fraxinus labfolia Oregon ash Pinus contorta Shore pine Pinus ponderosa Ponderosa pine Populus trichocarpa Black cottonwood Prunus emarginatus Bitter cherry Pseudotsuga menziesii Douglas fir Quercus garryana Oregon white oak Rhamnus purshiana Cascara Salixfluviatilis Columbia River willow Salix lasiandra Pacific willow Salix scouleriana Scouler's willow Salix sitchensis Sitka willow Spiraea douglasii Douglas spimea Symphoricarpus albus Snowberry Taxes brevifolius Western yew Thuja plicate Western red cedar Tsuga heterophylla Western hemlock The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 655/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Native Low Shrubs Berberis(Mahonia)nervosa Low Oregon grape Gaultheria shallon Salal Rubus leucodermis Blackcap Native Herbaceous Flowering Plants Achillea millefolium White yarrow Achlys triphylla Vanillaleaf Alisma plantago-aquatica American water plantain Anaphalis margaritacea Pearly-everlasting Anemone deltoidea Western white anemone Anemone oregana Oregon anemone Aquilegia formosa Red columbine Arctostaphylos uva-ursi Kinnikinnick Asarum caudatum Wild ginger Aster chilensis Hall's aster Brodiaea congesta Northern Saitas Brodiaea coronaria Harvest brodiaea Brodiaea howellii Howell's brodiaea Brodiaea hyacinths Hyacinth brodiaea Calypso bulbosa Fairy slipper Camassia leichtlinii Leichtlin's camas Camassia quamash Common camas Campanula scouleri Scouler's bellflower Comas canadensis Bunchberry Cryptantha intermedia v.grand flora Common forget-me-not Cynoglossum grande Pacific hound's-tongue Disporum hookeri Hooker fairy-bell Disporum smithii Fairy lantern Eriophyllum lanatum Woolly sunflower Erythronium oregonum Giant fawn lily Fragaria vesca Wild strawberry Fragaria virginiana Virginia strawberry Geum macrophyllum Oregon ovens The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 656/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Heracleum lanatum Cow-parsnip Hydrophyllum tenuipes Pacific waterleaf Iris tenar Oregon iris Lilium columbianum Columbia lily Lonicera ciliosa Trumpet vine Lupinus bicolor Two-color lupine Lupinuspolyphyllus Bigleaf lupine Lysichitum americanum Skunk cabbage Mimulus guttatus Yellow monkeyflower Montia parvifolia Little-leaf montia Montia perfoliata Miner's lettuce Native Grasslike:grass,sedge,rush Agrostis exarata Spike bentgrass Agrostis oregonensis Oregon bentgrass Agrostis scabra Hair/rough bentgrass Alopecurus aequalis Shortawn foxtail Alopecurus geniculatus Water foxtail Beckmania syzigachne Slough grass Bromus carinatus Califomia/mountain brome Bromus sitchensis Alaska brome Bromus vulgaris Columbia brome Carex aperta Columbia sedge Carex densa Dense sedge Carex deweyana Dewey's sedge Carex hendersonii Henderson's sedge Carex obnupta Slough sedge Carex stipata Sawbeak sedge Deschampsia caespitosa Tufted hairgrass Eleocharis ovata Ovoid spike-rush Eleocharis palustris Common spike-rush Elymus glaucus Blue wildrye Festuca idahoensis Bunchgrass fescue Festuca occidentalis Westem fescue The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 657/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Festuca rubra Red fescue Glyceria occidentalis Western mannagrass Hierocloe occidentalis California sweetgrass Hordeum brachyantherum Meadow barley Juncus balticus Baltic rush Juncus effusus Common(soft)rush Juncus ensifolius Daggerleaf rush Juncus tenuis Slender rush Leersia oryzoides Rice cutgrass Scirpus acutus Hardstem bulrush Scirpus microcarpus Small-flowered bulrush Scirpus validus Softstem bulrush Typha latifolia Common cattail Ferns Adiantum pedantum Northern maidenhair fern Athyram felix femina Ladyfem Blechnum spicant Deer fern Gymnocarpium dropteris Oak fern Polypodium glycyrrihiza Licorice fern Polystichum munitum Swordfem Pteridium aquilinum Bracken fern Thelypteris nevadensis Wood fern (Ord.2797,Amended,11/06/2018) 2. Invasive Plants These plants tend to dominate plant communities,crowding out other native plants.They generally have low value to wildlife,and some are considered harmful to humans.These plants are not good choices for landscaping.They may not be planted in resource areas.This prohibition also applies to sub-species and cultivars. Scientific Name Common Name Shrubs Cytisus scoparius Scotch broom Ilex aquifolium English holly Prunus laurocerasus English/Portuguese laurel Rhus diversiloba Poison oak The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 658/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT Scientific Name Common Name Herbaceous Plants Buddleia davidii Butterfly bush Carduus alanthoides,Carthamus baeticus,C.lanatus,Cirsium Thistles(plumless,smooth distaff,woolly distaff,bull,Canadian) vulgare,C.arvense Geranium lucidum,G.robertianum Shining Crane's-bill,Herb Robert Hypericum perforatum St.John's wort Lythrum salicaria Purple loosestrife Vinca major and v.minor Periwinkle/vinca Vines Clematis ligusticifolia Western clematis Clematis vitalba Traveler's joy Convolvulus sepium Morning glory Hedera genus,including all cultivars of hedera helix and hedera Ivy,including English ivy hibernica Polygonum sachalinense and P.cuspidatum Giant knotweed,Japanese knotweed Rubus armenicus Himalayan blackberry Rubus ursinus Trailing blackberry Grasses Phalaris arundinacea Reed canarygrass various genera Running-type bamboo 3. Street Trees—Prohibited The following trees are prohibited as street trees,except those cultivars that do not have the characteristics identified by its species below: SCIENTIFIC NAME COMMON NAME Acer macrophyllum Big-leaf maple Leaves block drainage,roots buckle sidewalks Acer negundo Box elder Insects,weak wooded Acer rubrum Red maple Shallow rooted Acer saccharinum Silver maple Shallow rooted,weak wooded Aesculus hippocastanum Common horsechestnut Messy fruits Betulus species Birches The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 659/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT SCIENTIFIC NAME COMMON NAME Insects,weak wooded Carya species Hickories Fruits cause litter and safety problems Catalpa species Catalpas Seed pods cause litter problems Corylus species Filberts Fruits cause litter and safety problems Crataegus species Hawthorns Thorns,fruits cause litter and safety problems Fraxinus species Ashes Seed pods cause litter problems Gleditsia triacanthos Honey locust(species)(does not include horticultural variants) Seed pods cause litter problems Juglans species Walnuts Fruits cause litter problems Morus species Mulberries Fruits cause litter and safety problems Populus species Poplars Weak wooded,shallow roots Robinia species Locusts Weak wooded,suckers Salix species Willows Weak wooded,shallow roots Ulmus fulva Slippery elm Insects,weak wooded,shallow roots Ulmus pumila Siberian elm Weak wooded,shallow roots 4. Approved Street Trees—Old Town Neighborhood Design Applicable to Old Town design standards,LOC 50.05.006.See LOC 50.05.006.6.b. TREES FOR PLANTING STRIP SIZE UP TO 4 FEET TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Allegheny 25' 15' Upright Oval Green White Clusters Orange Purplish Blue Serviceberry Amelanchier laevis The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 660/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT TREES FOR PLANTING STRIP SIZE UP TO 4 FEET IMF TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Pyramidal 30' 12' Very Upright Dark Green White Racemes Brilliant Reds Maroon Purple Serviceberry and Orange Heavy Fruits Amelanchier canadensis Pyramidalis Lavalle 30' 20' Upright to Vase Dark Green White Clusters Bronze Orange to Red Hawthorn Crataegus X Lavellei Crimson Cloud 25' 18' Oval Glossy Green Bright Red Bright Red Hawthorn White Centers Crataegus laevigata `Crimson Cloud' Flowering Ash 30' 15' Pyramidal to Medium Green Off White Yellow Fraxinus ornus Round Heavily Scented Columnar 30' 6' Narrow Green Yellow Yellow Yellow Pods Goldenrain Fastigiate Koelreuteria paniculata fastigiata Goldenchain 30' 20' Upright to Vase Green Yellow Yellow Laburnum vossi Racemes Blireiana Plum 20' 20' Round Purple-Green Bright Pink Reddish-Bronze Prunus X Blireiana Newport Plum 20' 20' Oval to Round Dark Purple Light Pink Reddish Prunus cerasifera Newport' Japanese Tree 25' 15' Pyramidal Green White Panicle Yellow Brown Lilac Syringa reticulate Trident Maple 25' 20' Oval to Round Dark Green Yellow Orange Acer buergeranum Paperbark 30' 20' Round Green Above Bright Red Maple and Silvery Orange Acer griseum Under Amur Maple 20' 20' Upright Round Green Yellow Acer ginnala Hedge Maple 25' 25' Round Dark Green Yellow Acer campestre Glorybower 20' 20' Round Dark Green White Fragrant Blue Green Tree Clusters Clerodendrum trichotomum Rocky 25' 15' Oval Dark Green Bright Red Mountain Glow Maple Acer grandidentatum 'Schmidt' The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 661/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Queen Elizabeth 35' 30' Upright Dark Green Yellow Maple Acer campestre 'Queen Elizabeth' Paperbark 30' 20' Round Green Above Bright Red- Maple and Silver Orange Acer griseum Under Chinese 30' 30' Round Green White Red Red Pink Dogwood Corpus kousa chinensis September 30' 25' Flat Topped Green Yellow Yellow Goldenrain Open Koelreuteria paniculata 'September' Red Bud 20' 25' Spreading Medium Green Pink Yellow Cercis canadensis American 35' 25' Oval Medium Green Yellow Hophombeam Ostrya virginiana Newport Plum 20' 20' Oval to Round Dark Purple Light Pink Red Prunus cerasifera 'Newport' Capital Pear 35' 12' Columnar Medium Green White Clusters Reddish Purple Pyrus calleryana 'Capital' Chanticleer Pear 40' 15' Pyramidal Glossy Green White Clusters Orange Red Pyrus calleryana 'Glen's Form' Rocky 25' 15' Oval Dark Green Bright Red Mountain Glow Maple Acer grandidentatum 'Schmidt' Japanese 40' 20' Pyramidal Dark Green White Orange Dark Red Stewartia Center Stewartia pseudo-camellia Rancho Linden 45' 20' Pyramidal Dark Green Yellow Fragrant Yellow Tilia cordata 'Rancho' Chancellor 35' 20' Pyramidal Dark Green Yellow Linden Tilia cordata `Chancellor' The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 662/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT TREES FOR PLANTING STRIP SIZE 4 FEET TO 5-1/2 FEET TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Lavalle 30' 20' Upright Dark Green White Bronze Red Red Hawthorn Crataegus X Lavellei Flowering Ash 30' 15' Pyramidal to Medium Green Off White Yellow Fraxinus ornus Round Fragrant Pyramidal 35' 20' Broadly Oval Dark Green Yellow Hombeam Carpinus betulus fastigiata Armstrong II 45' 15' Narrow Light Green Yellow Orange- Red Maple Fastigiate Red Acer rubrum 'Armstrong' Gerling Red 35' 20' Pyramidal Green Orange-Red Maple Acer rubrum 'Gerling' Saratoga 30' 30' Compact Greenish-Gold Yellow Ginkgo Spreader Ginkgo biloba 'Saratoga' Columnar 30' 10' Fastigiate Green Deep Pink Orange-Red Sargent Cherry Prunus sargentii columnaris Glorybower 20' 20' Round Dark Green White Fragrant Blue-Green Tree Clusters Clerodendrum trichotomum Globe Sugar 15' 20' Round Medium Green Yellow and Maple Orange Acer saccharum globosum Globe 20' 20' Round Green W hue Bright Yellow- Maroon Purple Serviceberry Red Amelanchier canadensis oblongifolia Saucer magnolia 20' 20' Upright- Green Red/White Yellow Brown Magnolia Rounded soulangiana TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Urbanite Ash 50' 40' Broadly Lustrous Green Bronze Fraxinus Pyramidal pennsylvanica 'Urbanite' Marshall Ash 50' 40' Broadly Oval Dark Green Yellow The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 663/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Fraxinus pennsylvanica lanceolate Skyline Ash 45' 35' Oval Medium Green Orange Red Fraxinus americana Skyline' European 50' 35' Oval to Round Dark Green Gold Yellow Hornbeam Carpinus betulus Hackberry 45' 35' Oval Dark Green Yellow Celtis occidentalis Katsura Tree 40' 35' Oval Bluish Green Yellow to Cercidiphyllum Scarlet japonicum Sourwood 50' 25' Pyramidal Green White Brilliant Scarlet Golden Oxydendrum arboreum Macho Cork 40' 30' Broadly Vase Medium Green Yellow Tree Phellodendron amurense Macho' Tricolor Beech 40' 30' Broadly Oval Purple,Light Fagus sylvatica Pink Border Rosed— Marginata' Yellowwood 40' 35' Round Yellow-Green White Fragrant Orange to Claprastis lutea to Bright Green Clusters Yellow Skyline 50' 35' Broadly Medium Green Golden Honeylocust Pyramidal Gleditsia triacanthos Skyline' Shademaster 45' 35' Vase Dark Green Yellow Honeylocust Gleditsia triacanthos Shademaster' Scarlet Oak 50' 40' Broadly Oval Glossy Green Scarlet Quercus coccinea Glenleven 45' 30' Pyramidal Medium Green Yellow Linden Tilia cordata 'Glenleven' Halka Zelkova 45' 30' Vase Medium Green Yellow Zelkova serrata Halka' Globe Sugar 15' 20' Round Medium Green Yellow and Maple Oranges Acer saccharum globosum The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 664/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT TREES FOR PLANTING STRIP SIZE 6 FEET TO 8 FEET TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Saratogoa 30' 30' Round Green Gold Yellow Ginkgo Ginkgo biloba 'Saratoga' Red Sunset Red 45' 35' Oval Dark Green Orange Red Maple Acer rubrum Franksred' October Glory 40' 35' Broadly Oval Medium Green Red to Purple Maple Acer rubrum 'October Glory' Embers Red 50' 40' Open Green Bright Red Maple Acer rubrum Embers' Saucer magnolia 20' 20' Upright- Green Red/White Yellow Brown Magnolia Rounded soulangiana *Douglas Fir, 100' Dark Green Evergreen Pseudotsuga menziesii Lodgepole Pine 100' Dark Green Pinus contorta Shore Pine 25' Upright- Dark Green Evergreen Pious contorta Irregular var.contorta *Western Red 100'+ Pyramidal Evergreen Cedar Thuja plicata *Grand Fir 100'+ Dark Green Evergreen Abies grandis Noble Fir, 90' Bluish Green Evergreen Abies procera Sitka Spruce, Evergreen Picea sitchensis *Western 100' Narrow- Evergreen Hemlock, Pyramidal Tsuga heterophylla Incense Cedar, 90' Narrow- Dark Green Evergreen Libocedrus Pyramidal decurrens *Tree is on the Native Plants List(subsection(1)of this listing). TREES FOR PLANTING STRIP SIZE 8-1/2 FEET AND LARGER TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Catalpa 75' 50' Round Green White Yellow The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 665/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT TREES FOR PLANTING STRIP SIZE 8-1/2 FEET AND LARGER TREE HEIGHT SPREAD STRUCTURE FOLIAGE FLOWERS FALL COLOR FRUIT SPECIES Catalpa speciosa Katsura Tree 40' 35' Oval Bluish Green Yellow to Cercidiphyllum Scarlet japonicum Sourwood 50' 25' Pyramidal Green White Brilliant Scarlet Golden Oxydendrum arboretum (Ord.2732,Amended,02/21/2017;Ord.2579,Repealed and Replaced,03/20/2012) 5. Solar Friendly Trees See"Solar Friendly Trees Report,"dated April 1987. (Ord.2579,Repealed and Replaced,03/20/2012) 50.11.005 APPENDIX E—COMMERCIAL LAND USE POLICIES (Repealed by Ord.2732,02/21/2017) 50.11.006 APPENDIX F—MARYLHURST CAMPUS INSTITUTIONAL AREA Campus Institutional:Definition Land uses allowed in Campus Institutional Area are all Office Campus uses,including those for educational, religious,social services,governmental agencies,related residential uses and facilities for care of the handicapped or other special care needs,and multifamily dwellings located in a campus setting which preserves a substantial amount of landscaping and open space and the character of existing institutions. GENERAL POLICIES 1. A mix of uses within the Marylhurst Campus will be allowed,including educational,cultural,social, governmental,office,and residential activities. 2. The campus-like character of the area will be maintained as much as possible. 3. Traffic and access will be controlled to preserve the capacity of Pacific Highway and the intersections at Marylhurst.Proper internal circulation will be provided. 4. The Willamette River Greenway will be preserved for scenic and recreational uses. SPECIFIC POLICIES FOR GENERAL POLICY I:Provide for a Mix of Uses. 1. Designate the Marylhurst Campus for a variety of land uses and establish the specific uses,conditions and design criteria for subareas within the campus,to assure proper development. 2. Require each subarea to have a plan for circulation,parking,utilities,and general building placement as a condition of approval for all development other than single-family subdivisions. 3. Establish permissible uses,intensities,development criteria and conditions for specific subareas within the campus,in addition to other policies. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 666/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT a. SUBAREA I:CAMPUS INSTITUTIONAL 1. Allowed uses will include educational,religious,social service,governmental,institutional housing, and their supporting services. 2. The appearance and character of the present Marylhurst Education Center campus,especially the scale of buildings,parking areas,building locations,materials,open areas and landscaping,will be continued in new development. b. SUBAREA I-A:CAMPUS INSTITUTIONAL 1. Uses should be located in a major building and no more than two buildings. 2. Design of access to the eastern portion of the site must provide for emergency vehicles. 3. Development may not occur beyond the top of the banks of the drainage ways.Removal of trees will be minimized as much as possible. 4. Access into the site must be designed to be compatible with the existing Education Building,and should be located on the north side. 5. Vehicle access or parking in the eastern portion of the site will be discouraged. 6. Drainage management must be designed to prevent erosion of the banks of the drainage ways which have a severe potential landslide hazard. c. SUBAREA II:CAMPUS INSTITUTIONAL 1. Commercial uses allowed(including Office Campus)must be buffered from Pacific Highway. 2. Structures will be located to maintain open areas which preserve a campus-like setting.The view of St.Anne's Chapel from the southern access drive will be preserved. 3. Site design will orient buildings towards views and preserve highway and access road views as much as possible. d. SUBAREA III:CAMPUS INSTITUTIONAL e. SUBAREA Ill-A:RESIDENTIAL(R-10) 1. Access to Old River Road must be designed to provide a safe intersection,and to minimize disturbance to the wooded slope along the road.If these conditions cannot be met,the area must be provided access from the campus. 2. Residential development will be required to provide street trees.Development must be visually screened from the school and convent. 3. Emergency vehicle access from the campus side must be provided. 4. Change to topography will be the minimum necessary to develop the property. f. SUBAREA IV:CAMPUS INSTITUTIONAL 1. Allowed uses will be Campus Institutional,including social service institutions and residential care facilities for the physically or mentally handicapped.Agricultural uses may be continued as long as they are compatible with new development. 2. A pedestrian access to Pacific Highway may be located at the north end of the site. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 667/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT g. SUBAREAS V AND V-A:RESIDENTIAL(R-10 and R-15,respectively) 1. Allowed uses will be residential(R-10 and R-15),with clustering encouraged. 2. Site design should assure that views to the east are preserved and utilized. 3. A unified site plan for each subarea,required prior to development,shall include provision for buffering the adjacent residential areas. 4. Interior streets rights-of-way will be dedicated.Street trees will be required. FOR GENERAL POLICY II:Maintain Campus-Like Character. The City will: 1. Assist Marylhurst in preparing architectural and site design criteria to be utilized as supplements to the development review standards for all future development at Marylhurst.The criteria will assure that development is harmonious with the existing campus buildings and landscaping.Criteria at minimum will assure: a. Maintenance of the architectural character of the existing buildings and landscaping. b. Scale,height,bulk,lot placement and building materials in new development which will maintain the open character and be properly related to the existing structures. c. Preservation of scenic vistas to the east. d. New landscaping will complement existing,especially types and placement of trees. 2. Ensure that the natural drainage courses are designated as open space.No development will be permitted,except for utilities,drainage management improvements or low-intensity recreational improvements,such as trails. 3. Ensure maintenance of a setback along Pacific Highway,which will include a minimum of 50 ft.from the right- of-way line,to provide for the planting of trees.The City will assist with providing and planting of the trees,subject to the budgetary process. 4. Require buffers between nonresidential campus uses and adjacent residential neighborhoods,including protection of views. 5. Require minimum changes in topography.Grading will be limited to that required for foundations,drainage management,parking areas and berms. 6. Assure that parking areas are scaled proportionately to the campus buildings and are landscaped to avoid the appearance of large,unbroken paved area. 7. Strongly encourage residential site design which is clustered and preserves open areas. 8. Assure that commercial uses are of a type and size to serve the residents and users of the campus,without drawing a larger market,and are located away from Pacific Highway to avoid any strip development. 9. Assure that utility construction will be coordinated with development and will prevent or minimize disruption of the existing buildings,streets,and drainage ways. FOR GENERAL POLICY III:Preserve Highway Capacity and Internal Circulation. The City will(subject to the approval of the Oregon Department of Transportation,whenever applicable): 1. Limit access from the campus to Pacific Highway to the two existing access points. The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 668/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT 2. Limit land uses to the degree necessary to ensure that total vehicle trips generated by campus land uses maintain the capacity of Pacific Highway and intersections. a. Prior to new development,a traffic study will be prepared which will determine the projected volumes on Pacific Highway,the capacity available to future development at Marylhurst and improvements necessary to maintain the highway or intersections within Service Level"D." 3. Require that Marylhurst pay an equitable share of the cost of improvements to Pacific Highway for additional capacity and signalization required for additional development. 4. Actively seek transit improvements and increases in the levels of transit use in the Highway 43 corridor,to reduce vehicle trips entering the State Street Corridor. 5. Ensure that internal streets on the east side of Pacific Highway will remain private streets,except for the residential area(subarea III-A). 6. Require that internal access and circulation plans for each subarea of the campus will be prepared and approved as part of the development review for the first new development proposed for the subarea. 7. Require dedication of an additional ten ft.of right-of-way on each side of Pacific Highway to widen the total to 80 ft. 8. Ensure that a minimum setback will be maintained along Pacific Highway at 50 ft.from the right-of-way line to preserve the scenic corridor. 9. Allow no vehicular access from Old River Road,except to subarea III-A. 10. Assure safe pedestrian and bicycle circulation within the campus and each subarea. a. Whenever possible,walkways will be separated from vehicular ways. FOR GENERAL POLICY IV:Preserve Willamette River Greenway as a recreational and scenic resource. The City will: 1. Assure that the area designated as Willamette River Greenway along Old River Road(generally from the river to the top of the steep bank above River Road)is maintained in a natural aesthetic condition. a. Structures will not be permitted in the Greenway,except for recreational purposes or utilities. b. Recreational improvements will be in scale with the environment.Parking areas,if any,will be minimal. c. Trees in the Greenway will be preserved. d. No boat ramps will be permitted. 2. Designate the area between River Road and the river as Public Open Space,and the banks above the road and the drainage ways as Protection Open Space. a. The City will attempt to negotiate an agreement with Marylhurst which will provide for public access and recreational use of the land between River Road and the river.The agreement may be for purchase outright, easement use or other method mutually agreeable to Marylhurst and the City. 3. Ensure that stormwater runoff from campus development will be controlled to avoid erosion,sedimentation or damage to the drainage ways. (L.O.Comprehensive Plan/114z) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. Lake Oswego Municipal Code Page 669/669 LOC 50.10:DEFINITIONS AND RULES OF MEASUREMENT MARYLHURST CAMPUS of t Os )111111111111/4,-- O � '' it �' _r" 'I 4 _ _ .. II •.� CI , '- - CI u Marylhurst w..•...utic c...— wep 441, _ +.. ., ...Luc Bohn Air,. C (Ord.2855,Amended,12/15/2020;Ord.2579,Repealed and Replaced,03/20/2012) 50.11.007 APPENDIX G—FOOTHILLS BUILDING AND SITE DESIGN STANDARDS View Appendix G as a PDF (Ord.2599,Added,12/18/2012) The Lake Oswego Municipal Code is current through Ordinance 2922,and legislation passed through February 21,2023. URBAN FOREST ASSESSMENT Lake Oswego 2 • 13 • 24 Measure Your Current Tree Canopy and Set Goals CANOPY COVER: NO DATA, NO ACTION Achieve desired degree of tree cover,based on potential or according to goals set for entire municipality and for each neighborhood or land use. CURRENT GOAL LOW (-1) The existing canopy cover for entire municipality is <50%of the desired canopy. FAIR (1) The existing canopy is 50%-75%of desired. GOOD (2) The existing canopy is >75%-100%of desired. OPTIMAL (4) The existing canopy is >75%-100%of desired —at individual neighborhood level as well as overall municipality. Urban Forest Inventory and Assessment INVENTORY Current and comprehensive inventory of tree resource to guide its management, including data such as age distribution, species mix,tree condition, and risk assessment. CURRENT GOAL LOW (-1) No inventory FAIR (1) �C Complete or sample-based inventory of publicly owned trees. �Ol GOOD (2) Inventory guides planning, management decisions. OPTIMAL (4) Systematic comprehensive inventory system of entire urban forest—with information tailored to users and supported by mapping in municipality-wide GIS system. Provides for change analysis. ASSESSMENT METHODOLOGY Urban forest policy and practice driven by accurate,high-resolution, and recent assessments of existing and potential canopy cover,with comprehensive goals municipality-wide and at neighborhood or smaller management level. CURRENT GOAL LOW (-1) No assessment. GOOD (2) Low-resolution and/or point-based sampling of canopy cover using aerial photographs or satellite imagery,for example i-Tree Canopy. BETTER (3) Complete, detailed,and spatially explicit, high-resolution Urban Tree Canopy(UTC) assessment based on enhanced data(such as LIDAR) -accompanied by comprehensive set of goals by land use and other parameters. OPTIMAL (4) As described for"Better" rating-and all utilized effectively to drive urban forest and green infrastructure policy and practice municipality-wide and at neighborhood or smaller management level. Know What's Happening to Trees in Your Community ASSESSMENT OF PUBLICLY-OWNED TREES Current and detailed understanding of the condition and risk potential of all publicly owned trees that are managed intensively (or individually). CURRENT GOAL LOW (-1) No information. FAIR (1) Sample-based tree inventory indicating tree condition and risk level. GOOD (2) Complete tree inventory that includes detailed tree condition ratings. OPTIMAL (4) tQ( Complete GIS tree inventory that includes detailed tree condition and risk ratings. �C ASSESSMENT OF PUBLICLY-OWNED NATURAL AREAS Detailed understanding of the ecological structure and function of all publicly owned natural areas (such as woodlands,ravines, stream corridors,etc.), as well as usage patterns. CURRENT GOAL LOW (-1) No information. FAIR (1) Identified only in natural area survey. GOOD (2) Level and type of public use documented. BETTER (3) 0 0 Ecological structure and function of all natural areas assessed and documented. OPTIMAL (4) Management plan focused on sustaining and,where possible, improving overall ecological structure and function while facilitating appropriate public use. Plan should consider impacts on contiguous natural areas open space corridors] outside the community's borders ASSESSMENT OF TREES ON PRIVATE PROPERTY Understanding of extent,location,and general condition of privately owned trees across the urban forest. CURRENT GOAL LOW (-1) No information. FAIR (1) Aerial, point-based assessment— capturing extent and location. GOOD (2) Bottom-up sample based assessment,as well as basic aerial view. OPTIMAL (4) Bottom-up sample based assessment,as well as detailed UTC analysis of entire 0 0 urban forest, including private property, integrated into municipality-wide [multi- agency] GIS system. LIDAR and hyper-spectral imaging most helpful. Urban Forest Characteristics RELATIVE PERFORMANCE INDEX BY SPECIES Understanding the age, health and condition of publicly-owned trees,by species. Note: Establishing an RPI for common public tree species requires at least a sample-based field inventory and assessment. CURRENT GOAL LOW (-' �( No information. �( FAIR (1) Six most common species have lower RPI scores than the average of all species in community. (<1.) GOOD (2) Half of the six most common species have higher RPI scores than the average of all species in community. (>1.) OPTIMAL (4) All six most common species have higher RPI scores than the average of all species in community. (>1.) USE OF NATIVE VEGETATION Preservation and enhancement of local natural biodiversity. Low (-1) No coordinated focus on native vegetation. FAIR (1) Voluntary use of native species on publicly and privately owned lands; invasive species are recognized. GOOD (2) O O Use of native species is encouraged on a project-appropriate basis in all areas; invasive species are recognized and discouraged on public and private lands. OPTIMAL (4) Native species are widely used on a project-appropriate basis in all areas; invasive species are proactively managed for eradication to the full extent possible. Engaging Peers and Residents in Process ALIGN MUNICIPAL DEPARTMENTS Align affected municipal departments, county and regional authorities and state agencies behind common agenda. CURRENT GOAL LOW (-1) Municipal departments/agencies take actions impacting urban forest with no cross- departmental coordination or consideration of the urban forest resource. FAIR (1) Municipal departments/agencies recognize potential conflicts and reach out to urban forest managers on an ad hoc basis — and vice versa. GOOD (2) Informal teams among departments and agencies communicate regularly and collaborate on a project-specific basis. OPTIMAL (4) Municipal policy implemented by formal interdepartmental/interagency working teams on all municipal projects. ENGAGE RESIDENTS IN PLANNING AND IMPLEMENTATION Enable community stakeholders to participate in and help shape planning process. CURRENT GOAL LOW (-1) Little or no citizen involvement or neighborhood action. FAIR (1) Some neighborhood groups engaged across the community but no minimal outreach to assure underserved neighborhoods participate effectively. GOOD (2) Many active neighborhood groups engaged in advancing urban forest goals, but with little or no overall coordination with municipality or its partnering NGOs. nnTiMAI (4.1 Proactive outreach and coordination efforts by municipality and NGO partners resulting in widespread citizen involvement and structured engagement among diverse neighborhood groups. ENVIRONMENTAL EQUITY Ensure that the benefits of urban forests are made available to all,especially to those in greatest need of tree benefits. CURRENT GOAL LOW (-1) Tree planting and outreach is not determined equitably by canopy cover or need for benefits. FAIR (1) Planting and outreach includes attention to low canopy neighborhoods or areas. GOOD (2) Planting and outreach targets neighborhoods with low canopy and a high need for tree benefits. OPTIMAL (4) Equitqable planting and outreach at the neighborhood level is guided by strong resident involvement in low canopy/high need areas. Residents participate actively in identifying needs for their neighborhoods, planning, implementation and monitoring. TREES ACKNOWLEDGED AS VITAL COMMUNITY RESOURCE Stakeholders from all sectors and constituencies within municipality-private and public,commercial and nonprofit, entrepreneurs and elected officials, community groups and individual citizens-understand, appreciate, and advocate for the role and importance of the urban forest as a resource. CURRENT GOAL LOW(-1) General ambivalence or negative attitudes about trees,which are perceived as neutral at best or as the source of problems.Actions harmful to trees may be taken deliberately. FAIR (1) Trees generally recognized as important and beneficial. GOOD (2) Trees widely acknowledged as providing environmental, social,and economic services - resulting in some action or advocacy in support of the urban forest. OPTIMAL (4) Urban forest recognized as vital to the community's environmental,social, and economic well-being. Creating Essential, Effective Public/Private Partnerships ENGAGE LARGE PRIVATE LANDOWNERS AND INSTITUTIONS Large private landholders -including school systems,universities and corporate campuses -embrace and advance municipality-wide urban forest goals and objectives by implementing specific resource management plans. CURRENT GOAL LOW (-1) Large private landholders are generally uninformed about urban forest issues and opportunities. FAIR (1) Municipality educates landowners, provides technical assistance, sets goals and provides incentives for managing resources in accordance with plan. GOOD (2) Landowners develop tree management plans that advance municipal urban forest goals. OPTIMAL (4) Tree management plans developed with input from community, and public access to �7'VCl the property's forest resource. ALL UTILITIES WORK WITH MUNICIPALITY, EMPLOY BMPS All utilities-above and below ground-employ best management practices and cooperate with municipality to advance goals and objectives related to urban forest issues and opportunities. CURRENT GOAL LOW (-1) No utility consideration of the health of the urban forest resource. FAIR (1) Utilities take actions impacting urban forest with no municipal coordination. GOOD ( Utilities employ best management practices, recognize potential municipal conflicts, and reach out to urban forest managers on an ad hoc basis—and vice versa. BETTER (3) Utilities are included in informal municipal teams that communicate regularly and collaborate on a project-specific basis. GREEN INDUSTRY EMBRACES GOALS, HIGH STANDARDS Green industry works together to advance municipality-wide urban forest goals and objectives, and adheres to high professional standards. CURRENT GOAL LOW (-1) Little or no cooperation among segments of green industry or awareness of municipality-wide urban forest goals and objectives. FAIR (1) Some cooperation among green industry as well as general awareness and acceptance of municipality-wide goals and objectives. GOOD (2) Specific collaborate arrangements across segments of green industry in support of municipality-wide goals and objectives. OPTIMAL (4) Shared vision and goals and extensive committed partnerships in place.Solid adherence to high professional standards, and commitment to credentialing and continuing education. Resource Management: Planning DEVELOP URBAN FOREST MANAGEMENT PLAN Develop and implement a comprehensive urban forest management plan for public and private property. • CURRENT GOAL LOW (-1) No urban forest management plan. Low (-1) Modest planting on public lands primarily for replacement on case-by-case basis, reactive risk management. GOOD (2) Community adopted a city-wide canopy goal as official policy, based on best available canopy data,and scaled from community to neighborhood level. GOOD (2) 0 0 New or recent urban forest management plan developed to achieve goal for publicly- owned forest resources. BETTER (3) New or recent urban forest and green infrastructure management plan which targets public tree planting sites, protection and maintenance based on assessment of anticipated benefits ranging from stormwater to heat island mitigation, public health, etc. OPTIMAL (4) New or recent urban forest and green infrastructure management plan which targets public and private tree planting and protection based on assessment of anticipated a benefits- and assures these benefits are distributed equitably among neighborhoods. COOPERATIVE PLANNING WITH OTHER MUNICIPALITIES Cooperation and interaction on urban forest plans among neighboring municipalities within a region,and/or with regional agencies. CURRENT GOAL LOW(-1) Municipalities have no interaction with each other or the broader region. No regional planning or coordination on urban forestry. FAIR (1) Some neighboring municipalities and regional agencies share similar urban forest policies and plans. GOOD (2) Some urban forest planning and cooperation across municipalities and regional agencies. OPTIMAL (4) Widespread regional cooperation resulting in development of regional urban forestry strategy. FORESTRY PLAN INTEGRATED INTO OTHER MUNICIPAL PLANS Forestry plan is designed to reinforce, and be reinforced through comprehensive plans,sustainability plans, park development,storm water and watershed plans,neighborhood revitalization,climate mitigation and sustainability plans, etc. CURRENT GOAL LOW (-1) Urban forestry plan mentions how it could meet other municipal objectives, or inform other planning efforts. FAIR (1) Urban forestry planning team presents plan to other agencies, encouraging them to consider how forestry might help achieve their objectives. GOOD (2) Once completed, urban forestry planning team works with other agencies to align current and future objectives. OPTIMAL (4) All agencies whose goals are served by urban forestry practices, participate in creation of forestry plan, and commit to designated roles and responsibilities. Resource Management: Implementation URBAN FORESTRY PROGRAM CAPACITY [APPLIES TO IN-HOUSE AND CONTRACTED STA F F] Maintain sufficient well-trained personnel and equipment-whether in-house or through contracted or volunteer services-to implement municipality-wide urban forest management plan. CURRENT GOAL LOW (-1) Lack of personnel and/or adequate equipment severely limits needed maintenance. Few resources, if any available to achieve new goals. FAIR (1) Lack of staff training and/or access to adequate equipment limits effectiveness. GOOD (2) Team has capacity in terms of trained staff and equipment to achieve many of the goals of the urban forest management plan. OPTIMAL (4) Team has no and will in the future to achieve all goals of the urban forest management plan,to maintain the resource over time, and adapt management as circumstances change. MUNICIPALITY-WIDE URBAN FORESTRY FUNDING Develop and maintain adequate funding to implement municipality-wide urban forest management plan. CURRENT GOAL LOW (-1) Little or no dedicated funding. FAIR (1) Ad hoc funding for emergency, reactive management. GOOD (2) Funding sufficient for some proactive management based on urban forest management plan. OPTIMAL (4) Sustained, long-term funding from multiple municipal, regional and/or state 0 angencies,along with private sources to implement a comprehensive urban forest management plan,and provide for maintenance and adaptive management as circumstances change. GROWING SITE SUITABILITY All publicly owned trees are selected for each site and planted in conditions that are modified as needed to ensure survival and maximize current and future tree benefits. CURRENT GOAL LOW (-1) Trees selected and planted without consideration of site conditions. FAIR (1) Appropriate tree species are considered in site selection. GOOD (2) Municipality-wide guidelines for the improvement of planting site conditions and selection of suitable species. OPTIMAL (4) All trees planted in sites with adequate soil quality and quantity,and with sufficient growing space and overall site conditions to achieve their genetic potential and thus provide maximum ecosystem services.Where growing conditions are poor,guidance provided on how to improve soil volume, quality, other factors. TREE ESTABLISHMENT AND MAINTENANCE Comprehensive and effective tree planting and establishment program is driven by canopy cover and goals and other considerations according to plan. CURRENT GOAL VERY LOW (-2) Little or no tree planting.Tree establishment is ad hoc. LOW (-1) Some tree planting and establishment occurs, but with limited overall municipality- wide planning anc. post-planting care. FAIR (1) Limited planning and post-planting care. Planting takes place on plan-identified sites. None or only fragmentary planting and maintenance protocols. GOOD (2) Planting and post-planting care and maintenance protocols in place. OPTIMAL (4) Comprehensive tree establishment plan provides concrete guidance on most of the following criteria: site selection,size, age class, diversity of species, native plant choice; planting protocols [e.g. minimum soil volumes, soil conditions];young tree care, including region appropriate irrigation requirements. Includes provisions and funding for maintenance. MANAGEMENT OF PUBLICLY-OWNED NATURAL AREAS The ecological integrity of all publicly owned natural areas is protected and enhanced-while accommodating public use where appropriate. CURRENT GOAL LOW (-1) No natural areas management plans or implementation in effect. FAIR (1) Only reactive management to facilitate public use, e.g. hazard abatement,trail maintenance. GOOD (2) Management plan in place for each publicly owned natural area to facilitate appropriate public use. OPTIMAL (4) Management plan for each publicly owned natural area focused on sustaining and, where possible, improving overall ecological integrity(i.e., structure and function) - while facilitating appropriate public use. POLICIES THAT FOSTER GOOD URBAN FORESTRY ON PRIVATE LANDS Because private lands comprise the majority of canopy cover for most municipalities,plans and policies should address-through rules,fees and incentives-how owners contribute to the overall health of the urban forest and the benefits it delivers. CURRENT GOAL LOW (-1) No tree protection ordinance, or one that's weak and rarely enforced. FAIR (1) Strong tree protection ordinance focused on maintaining mature trees with effective procedures. GOOD (2) Policies regarding stormwater, site and subdivision planning,zoning and other issues that affect private forests are included in management plan. OPTIMAL (4) All relevant municipal policies require or incentivize adherence by private owners to standards incorporated in the plan. Incentives and sanctions applied when appropriate.SEE LIST OF POLICIES. Resource Management: Monitoring and Maintenance TREE PROTECTION POLICY AND ENFORCEMENT The benefits derived from trees on public and private land are ensured by the enforcement of municipality- wide policies,including tree care"best management practices." CURRENT GOAL LOW (-1) No tree protection policy FAIR (1) Policies in place to protect public trees and employ industry best management practices, but rare or inconsistent enforcement. GOOD (2) Policies and practices in place to protect public trees,generally enforced.As a companion to the public tree care policy, community issues a guide to aid compliance for all affected agency staffs and contractors. BETTER (3) Policies include construction standards for on-site tree protection, establishment and maintenance.Conforms to and references ANSI Standards for arboricultural practices(A300),safety(Z133),and nursery stock(Z60.1),as well as applicable ISA BMPs. OPTIMAL (4) Integrated municipality-wide policies and practices to protect public and private trees,consistently enforced and with penalties sufficient to deter violations. MONITORING Periodic, cyclical inspection of urban trees to identify health,pests and disease,growth, canopy,site conditions, and potential risks.Regular inspections guide urban forest management activities,including regular maintenance, species selection,planting sites,preventative and reactive disease and pest control. CURRENT GOAL LOW (-1) No monitoring. FAIR (1) Monitoring is infrequent and reactive to reported changes in tree health, site condition. GOOD (2) Monitoring on a regular basis with rotating schedule for each area. Monitors are professionals or volunteers trained to collect specific data required by municipality. Multi-year data available for trend analyses. OPTIMAL (4) Monitoring adheres to the standards and protocols established by the Urban Tree Growth and Longevity network. TREE RISK MANAGEMENT Comprehensive tree risk management program fully implemented,according to ANSI A300 (Part 10) "Tree Risk Assessment"standards,and supporting industry best management practices. CURRENT GOAL LOW (-1) /81 No tree risk assessment or risk management program. Response is on a reactive basis only. FAIR (1) Citizens and city staff report tree safety issues to the forestry department or manager(e.g. 3-1-1 system, online form, etc.).System tracks the time between damage report and mitigation action. GOOD (2) The community has written tree risk management policy(aka, 'standard of care')and O O an operational plan for inspecting and mitigating reported tree problems, including a timetable for mitigating potential hazards. BETTER (3) Policies and ordinances in place to minimize tree damage and removal on commercial developments,and public capital. Protection measures conform to ANSI A300 standards and ISA BMPs. OPTIMAL (4) Includes"better" but with TRAQ-qualified contractors on city projects. Educate tree care companies and public about importance ofTRAQ qualifications. URBAN WOOD AND GREEN WASTE UTILIZATION Create a closed system diverting all urban wood and green waste through reuse and recycling. CURRENT GOAL LOW (-1) No utilization plan;wood and other green waste goes to landfill with Little or no recycling and reuse. FAIR (1) While most green waste does not go to landfill, uses are limited to chips or mulch. GOOD (2) The majority of green waste is reused or recycled -for energy, products,and other purposes beyond chips or mulch. OPTIMAL (4) Comprehensive plan and processes in place to utilize all green waste one way or another,to the fullest extent possible. Fina L Score FINAL SCORECARD TOTAL TOTAL SCORE COMMUNITY ASSESSMENT&GOAL-SETTING CURRENT GOAL GAP 55 109 54 Measure Your Current Tree Canopy and Set Goals - - Urban Forest Inventory and Assessment Know What's Happening to Trees in Your Community 12 Urban Forest Characteristics 3 Engaging Peers and Residents in Process 11 16 Creating Essential,Effective Pubhcf Private Partnerships 7 11 Resource Management:Planning 3 12 Resource Management:Implementation 1a 24 Resource Management:Monitoring and Maintenance 3 14