HomeMy WebLinkAboutAgenda Packet - 2025-04-01
503-534-4225 380 A AVENUE PO BOX 369 LAKE OSWEG O, OR 97034 WWW.LAKEOSWEGO.CITY
AGENDA
CITY COUNCIL MEETING
Tuesday, April 1, 2025
5:30 p.m.
City Hall Council Chamber - 3rd Floor
380 A Avenue, Lake Oswego, OR 97034
Staff Contact: Kari Linder, CityRecorder@lakeoswego.city
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1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PROCLAMATIONS
4.1 Child Abuse Prevention Month.
4.2 National Library Week: April 6-12.
4.3 Earth Day: April 22.
5. PUBLIC COMMENT
The purpose of Public Comment is to allow community members to present information or raise an
issue regarding items not on the agenda or regarding agenda items that do not include a public
hearing. A time limit of three minutes per individual shall apply. Public Comment will not exceed
thirty minutes in total, unless changed by the Mayor. If you are unable to attend the meeting and
prefer to provide public comment in writing, by phone or electronically, please email the City
Recorder by noon the day of the meeting.
6. CONSENT AGENDA
The Consent Agenda allows the City Council to consider items that require no discussion.
An item may only be discussed if it is pulled from the Consent Agenda.
The City Council makes one motion covering all items included on the Consent Agenda.
Page 2
503-534-4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Motion: Move to adopt the Consent Agenda.
6.1 Approving the Facility Use Agreement with Raw Oregon Honey for Honey Bees at
Luscher Farm.
Motion: Move to authorize the City Manager to sign the Raw Oregon Honey
Facility Use Agreement.
6.2 Ordinance 2957, An Ordinance Annexing to the City of Lake Oswego One Parcel,
Consisting of 0.23 Acres at 16523 Bonaire Avenue; Declaring City of Lake Oswego
Zoning of R-7.5 Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from
Certain Districts (AN 24-0006).
Motion: Move to enact Ordinance 2957.
6.3 AP 24-05, Adopting Findings, Conclusions, and Order for (TR 499-24-001007-TREE),
Appeal of the Development Review Commissions’ decision to Approve the permit
to remove one 18-inch DBH Western Hemlock tree at 233 E Avenue.
Motion: Move to adopt the Findings, Conclusions and Order in AP 24-05.
6.4 Resolution 25-08, A Resolution of the City Council of the City of Lake Oswego
Creating an Ad Hoc Tree Task Force.
Motion: Move to adopt Resolution 25-08.
7. ITEMS REMOVED FROM CONSENT AGENDA
8. CONSENT AGENDA – Councilors Only
[Note: Only Councilors vote to concur in Mayor’s appointments of Committee
members, per Charter, Section 19]
8.1 Resolution 25-15, A Resolution of the City Councilors of the City of Lake Oswego
Approving the Appointment of an Alternate to the Planning Commission.
Motion: Move to adopt Resolution 25-15.
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503-534-4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
9. COUNCIL BUSINESS
9.1 Ordinance 2960, An Ordinance of the City Council of the City of Lake Oswego
Amending LOC 12.51.065 (50+ Advisory Board) to Redefine the 50+ Advisory Board
as the Community Health and Resiliency Advisory Board.
Motion: Move to enact Ordinance 2960.
10. STUDY SESSIONS
10.1 Enforcement of the Right-of-Way (ROW) and Vegetation Program.
10.2 Home Occupation Standards (LU 25-0002).
11. INFORMATION FROM COUNCIL
12. REPORTS OF OFFICERS
13. ADJOURNMENT
Proclamation Child Abuse Prevention Month
WHEREAS, child abuse is a tragedy that impacts the well-being of all; and
WHERAS, all children deserve to have the safe, stable, nurturing homes and communities they
need to foster their healthy growth and development; and
WHERAS, child abuse prevention programs require strong community partnerships; and
WHERAS, child abuse prevention requires a public commitment to create safe and nurturing
environments for parents and guardians to raise their children; and
WHERAS, communities that provide parents with the social support, knowledge of parenting
and child development and concrete resources they need to cope with stress and nurture their
children and ensure all children grow to their full potential; and
WHERAS, this community recognizes that children are our most valuable and vulnerable
resources and are key to our prosperity and quality of life; and
WHERAS, by providing a healthy environment for our children, free of violence, abuse and
neglect, we can help ensure that Lake Oswego’s children will grow to their full potential.
NOW, THEREFORE, BE IT RESOLVED, that I, Joseph M. Buck, Mayor of the City of Lake Oswego,
do hereby proclaim April 2025 as Child Abuse Prevention Month in the City of Lake Oswego,
and call upon all community members to work to prevent child abuse.
__________________________
Joseph M. Buck, Mayor
April 1, 2025
4.1
Proclamation National Library Week
WHEREAS, libraries spark creativity, fuel imagination, and inspire lifelong learning, offering a space where
individuals of all ages can explore new ideas and be drawn to new possibilities; and
WHEREAS, libraries serve as vibrant community hubs, connecting people with knowledge, technology,
and resources while fostering civic engagement, critical thinking, and educational growth; and
WHEREAS, libraries provide free and equitable access to books, digital tools, and innovative programming
and events, ensuring that all individuals — regardless of background — have the support they need to
learn, connect, and thrive; and
WHEREAS, libraries partner with schools, businesses, and organizations, connecting the dots to maximize
resources, increase efficiency, and expand access to essential services, strengthening the entire
community; and
WHEREAS, libraries adapt to the ever-changing needs of their communities, developing and expanding
collections, programs, services and events that are as diverse as the populations they serve; and
WHEREAS, libraries nurture young minds through storytimes, STEAM programs, and literacy initiatives,
fostering curiosity and a love of learning that lasts a lifetime; and
WHEREAS, libraries protect the right to read, think, and explore without censorship, standing as
champions of intellectual freedom and free expression; and
WHEREAS, dedicated librarians and library workers provide welcoming spaces that inspire discovery,
collaboration, and creativity for all; and
WHEREAS, Lake Oswego residents have a long history of strong support for public libraries, library
workers, and library volunteerism, including the Lake Oswego Reads program; and
WHEREAS, library supporters and advocates across the nation are joining together to celebrate National
Library Week;
NOW, THEREFORE, be it resolved that we, the esteemed Lake Oswego City Council, do hereby proclaim
April 6 - 12, 2025, as National Library Week. During this week, we encourage all residents to visit their
library, explore its resources, engage with its events, and celebrate all the ways that the library draws us
together as a community and helps to cultivate an exceptional quality of life for everyone in Lake Oswego.
__________________________
Joseph M. Buck, Mayor
April 1, 2025
4.2
Proclamation Earth Day 2025
WHEREAS, the first Earth Day on April 22, 1970, is credited as the birth of the modern
environmental movement in the United States, and Earth Day is now celebrated around the
world as a day of awareness and mobilization for environmental protection; and
WHEREAS, the City of Lake Oswego is committed to sustainability in City operations, providing
services to residents in a fiscally prudent, socially responsible, and environmentally sound way to
meet current needs without compromising the needs of future generations; and
WHEREAS, we are already experiencing climate change impacts in Lake Oswego, including more
frequent extreme weather events, and climate science tells us we must continue to act with
urgency to reduce greenhouse gas emissions and pursue climate resilient development to avoid
the worst impacts of climate change on our economy, community, and natural ecosystems; and
WHEREAS, in 2020 the Lake Oswego City Council adopted community-wide climate action goals
through the Sustainability and Climate Action Plan, including becoming a carbon neutral
community by 2050, and recognizes the important role local government plays in leading and
enabling local climate action; and
WHEREAS, community members and organizations are acting in diverse ways to build a more
resilient, sustainable community in Lake Oswego; and
WHEREAS, the history of Earth Day reminds us of the power of collective action to create change,
and that each of us has a role to play in addressing the climate crisis, including government,
businesses, institutions, and individuals.
NOW, THEREFORE, BE IT RESOLVED, that I, Joseph M. Buck, Mayor of the City of Lake Oswego,
do hereby proclaim April 22, 2025 as Earth Day in the City of Lake Oswego, and call upon all
community members to observe this day by participating in activities and efforts to protect our
environment and contribute to a healthy, sustainable future for all.
__________________________
Joseph M. Buck, Mayor
April 1, 2025
4.3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Facility Use Agreement with Raw Oregon Honey for Honey Bees at Luscher Farm
Meeting Date: April 1, 2025
Report Date: March 12, 2025
Staff Member: Emily Liu, Recreation Supervisor
Department: Parks & Recreation
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☒Consent Agenda
Staff Recommendation: Authorize the City Manager to sign a Facility Use Agreement with
Raw Oregon Honey, LLC for bee hives at Luscher Farm.
Recommended Language for Motion: Move to authorize the City Manager to sign the Raw
Oregon Honey Facility Use Agreement.
Project / Issue Relates To: Honey bee hives at Luscher Farm for educational programs and
honey production.
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
EXECUTIVE SUMMARY
Seeking Council’s approval to authorize the City Manager to sign a Facility Use Agreement for
honey bee hives operated by Raw Oregon Honey, LLC at Luscher Farm. Honey bee hives will be
used for educational purposes and honey production.
6.1
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
BACKGROUND
Honey bees play a vital role in supporting the ecosystem at Luscher Farm, especially as the farm
serves as a pollinator hub with designated pollinator garden beds, mason bee boxes and bird
boxes. With Lake Oswego’s Bee City USA status, the presence of honey bees aligns with the
City's commitment to pollinator conservation and education.
Raw Oregon Honey, LLC, a longtime vendor at the Farmers’ Market, is interested in placing hive
boxes at Luscher Farm. In addition to supporting pollination, they propose establishing an
educational hive (without live bees) to teach Luscher Farm program participants about honey
bee care and hive management. This initiative would enhance Luscher Farm’s educational
programs by providing hands-on learning opportunities for the community, reinforcing the
importance of pollinators in sustainable agriculture. Active hives will be located in park
pollinator blobs on the Brock Property.
Lake Oswego Parks & Recreation (LOPR) seeks approval for Raw Oregon Honey, LLC to place
hive boxes on-site and to establish an educational display, furthering LOPR’s mission at Luscher
Farm of environmental stewardship and public engagement.
ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES
The 11-year (one year; renewable for two additional five-year terms) Facility Use Agreement
allows the City to approve the placement of hive boxes at Luscher Farm. The Facility Use
Agreement grants the Licensee (Raw Oregon Honey) use of designated farm property and
special use areas for maintaining honey bee hives, and may also produce and distribute honey
and other bee-related products. In exchange, it is required to:
• Maintain hive boxes for pollination;
• Collect honey for the Luscher Farm cooking classes and other educational
classes/camps;
• Provide educational opportunities focused on pollinators and sustainable beekeeping
practices; and
• At the request of LOPR, offer educational instructional services, including an interactive
hive display (without live bees) to inform visitors about the role of honey bees in
agriculture and conservation.
FISCAL IMPACT
Offering additional educational classes at Luscher Farm is estimated to generate approximately
$3,000.00 in revenue annually, additional LOPR revenue.
RECOMMENDATION
Authorize the City Manager to sign the Facility Use Agreement with Oregon Raw Honey, LLC.
ATTACHMENT
1. Facility Use Agreement with Raw Oregon Honey, LLC for honey bee hives at Luscher
Farm.
Page 1 – Facility Use Agreement
CITY OF LAKE OSWEGO
FACILITY USE AGREEMENT
AGREEMENT
Honey and Boxes for Educational Purposes
At Luscher Farm
LICENSEE: Raw Oregon Honey LLC
1031 SE Dogwood Lane
Oak Grove, OR 97267
CITY: City of Lake Oswego
PO Box 369
Lake Oswego OR 97034
Effective Date: April 1, 2025
The exhibit(s) to this Facility Use Agreement in the following order of priority:
x Exhibit A –Scope of Facility and Special Restrictions / Obligations of the Parties, including
Maps.
1. Grant of Right to Use Facility. City hereby permits and authorizes Licensee, its agents,
customers, and employees to enter upon and use the below Facility:
a. Luscher Farm, 125 Rosemont Rd, West Linn.
for the purposes described herein, subject to the limitations set forth below. Unless
public occupancy interferes with or creates a danger to Licensee, Licensee’s employees,
invitees, customers, class attendees, or to the public, Licensee’s use shall be non-
exclusive because the purpose of the licensed area is to be mutually beneficial to
Licensee and to the residents and visitors of Lake Oswego.
2. Purpose; Use of Facility. Licensee may use the respective Facility only for the following
purpose(s):
a. Licensee shall principally conduct its activities upon the Facility within the areas
depicted on Exhibit A.
b. The use of the areas shall be for the uses set forth in Exhibit A.
c. The City may use the areas for educational purposes at Luscher Farm by City Staff,
provided it does not unreasonably interfere with the use of the area in (b) above.
d. The Licensee shall provide accessory related instructional services (upon written
approval of the City Parks and Recreation Director).
ATTACHMENT 1
Page 2 – Facility Use Agreement
Such use shall be subject to the terms and conditions provided herein.
3. Manner of Conducting Operations. Licensee shall use reasonable care to conduct its
activities upon the Facility in such a manner so as not to interfere with CITY’s activities.
Licensee acknowledges that construction or City activities may occur at the Facility from
time to time. City will notify Licensee not less than 7 days prior to commencement of
construction work or City activities that would reasonably foreseeably interfere with
Licensee’s activities, and shall provide an estimated schedule of construction / activities.
Licensee shall accommodate its activities so as not to interfere with the construction
work or City activities.
4. Covenants and Representations of LICENSEE / Restrictions Relating to Use of Facility
a. Special Restrictions / Obligations of the Parties: See Exhibit A.
b. Upon termination of this Agreement, all of Licensee’s equipment, fixtures, and
other items shall be removed within 14 calendar days and the Facility shall be
returned to its original condition free from any damage by Licensee’s activities,
excepting:
i. Reasonable wear and tear;
ii. Damage by public; and
iii. Attached fixtures consented to by City (which therefore remain as part of the
Facility).
c. Compliance with Laws, Rules, and Policies.
i. Licensee will observe and abide by all the laws, rules and regulations
imposed by any lawful governmental authority and relating in any way to
any activity conducted on the premises (particularly, but without limitation,
the requirements of the Clackamas County zoning requirements for EFU-
zoned land1), and shall require all of Licensee’s agents, employees’ invitees
upon the premises to do likewise.
ii. Licensee shall obtain all necessary state, federal and local permits as may be
necessary for Licensee’s use of the Facility as set forth above, including any
necessary health or business permits.
d. Assignment. Owing to the special faith and confidence which CITY reposes in
Licensee, this Agreement shall be strictly personal to Licensee and shall not be
transferable, assignable or otherwise alienable, or any interest therein, and in
1https://dochub.clackamas.us/documents/drupal/40a556e9-0afb-488f-a799-67eeb228c7a4
Page 3 – Facility Use Agreement
the event of any attempt to do so, at the option of CITY, CITY may terminate this
Agreement without further notice.
e. Risk of Loss. Except as provided herein, all risk of loss of Licensee’s property shall
be that of Licensee.
f. As Is Condition. Licensee certifies, acknowledges and agrees that access to and
use of the Facility is accepted and executed on the basis of Licensee's own
examination and personal knowledge of the premises and personal property, if
any, and Licensee's own opinion thereof; all prior negotiations, representations
of fact or opinion or agreements relating to said property made by CITY or any
agent thereof upon which Licensee may have relied have been reduced to
writing and are included in this agreement, and if not so reduced to writing, are
expressly waived, which waiver is a material part of the consideration of the
execution of this contract by CITY. Further, Licensee acknowledges that the
Licensed Area, except that part that is within the exclusive control of Licensee, is
continually used by the public and, therefore, the City may have no knowledge of
any change in condition. Accordingly, the covenant of examination and personal
knowledge of the premises and personal property is ongoing upon the Licensee.
If at any time the condition of the premises is unacceptable to License,
Licensee’s sole remedy is to suspend its activities; City shall not be liable for an
direct or consequently damages, including lost profits.
g. CITY makes no warranties as to the condition of the premises or personal
property, other than as set out herein. Licensee takes use of the Facility and
Related Areas is AS IS, in the condition existing at the time of commencement of
use of the Facility, and as stated in Section F above, and in the condition ongoing
during the term of this License.
h. This Agreement represents the full, entire and complete agreement of the
parties. Any and all amendments to this Agreement shall be in writing and
executed by Licensee and CITY.
i. The Licensee shall defend, indemnify, and hold CITY, its officers, agents and
employees, harmless against all liability, loss, or expenses, including attorney's
fees, and against all claims, actions or judgments based upon or arising out of
damage or injury (including death) to persons or property caused by any act or
omission of an act sustained in any way in connection with the use of this
Agreement (including by participants from any program offered by Licensee and
not required to be offered by this Agreement) or by conditions created thereby, or
based upon violation of any statute, ordinance or regulation. This contractual
indemnity provision does not abrogate common law or statutory liability and
Page 4 – Facility Use Agreement
indemnification to CITY, but is in addition to such common law or statutory
provisions.
To the extent permitted by law, CITY shall defend, indemnify, and hold harmless
Licensee and its employees, officers, servants, and agents against all claims,
demands, and judgments (including attorneys’ fees) made or recovered against
them for damages to real or tangible personal property or for bodily injury or
death to any person arising out of or in connection with this Agreement or
arising from any programs offered by the City at the Facility, to the extent such
damage, injury, or death is caused by the negligence or intentionally wrongful
act or omission of CITY or its employees, officers, servants, or agents, or
participants in programs that are not conducted by Licensee. CITY shall promptly
notify Licensee in writing of any such claim or demand to indemnify and shall
cooperate with Licensee in a reasonable manner to facilitate the defense of such
claim.
j. Licensee shall obtain upon execution of the Agreement, and shall maintain in full
force and effect for the term of this Agreement, at Licensee's expense, a
comprehensive general or commercial general liability policy for the protection
of Licensee and CITY, its officers, agents, and employees. If the insurance policy
is issued on a “claims made” basis, then Licensee shall continue to obtain and
maintain coverage for not less than three years following the completion of the
contract. The policy shall be issued by a company authorized to do business in
the State of Oregon, protecting Licensee or anyone directly or indirectly
employed by either of them against liability for the loss or damage of personal
and bodily injury, contractual liability, death and property damage, and any
other losses or damages above mentioned with limits not less than $2,000,000
per occurrence and $3,000,000 in the aggregate, or the limit of public liability
contained in ORS 30.260 to 30.300, whichever is greater. The insurance
company shall provide CITY with a certificate of insurance and endorsements (1)
naming CITY as an additional insured providing that no acts on the part of the
insured shall affect the coverage afforded to the above policy, and providing CITY
will receive 30 days written notice of cancellation or material modification of the
insurance contract; and (2) to provide a waiver of subrogation in favor of the City
and all additional insureds.
Licensee shall obtain and maintain statutory workers compensation coverages
for all subject employees, and shall provide a certificate of insurance to the City.
Licensee will not utilize the Agreement Area pursuant to the terms of this
Agreement until the CITY has received certificates of insurance that the
appropriate insurance heretofore mentioned is in force.
Page 5 – Facility Use Agreement
5. Consideration for Agreement; Real Property Tax Exemption.
a. The consideration for this Agreement will follow the Fee Schedule (Exhibit A).
b. In addition to the consideration above, Licensee shall be liable for any real
property taxes assessed against the Facility (or the entirety of the site upon
which the Facility is a part), as caused by this Facility Use Agreement and the
activities of Licensee. CITY shall cooperate upon request by Licensee in executing
any tax forms requested by Licensee to obtain any reduction or exemption from
real property taxation as may be available under law.
6. Term of Agreement / Termination. This Agreement shall commence upon execution and
remain in effect until the earlier of:
a. One (1) year from the date issued. Licensee may renew this Facility Use
Agreement upon the same terms and conditions for two, five (5)-year renewals.
Renewal shall occur automatically, unless notice is given by Licensee to the City
not less than 180 days prior to the Completion Date stated above.
b. A determination by the City Manager or Designee that the public interest
requires use of the Facility to the exclusion of the Facility Use Agreement,
provided however, that CITY shall provide not less than 120 calendar days’ notice
of such determination prior to termination; or
c. A determination by the City Manager or Designee that the Licensee has violated
a material provision of this Agreement; provided, however, Licensee shall have a
period of seven (7) days after written notice of violation is given within which to
effect a cure to CITY’s reasonable satisfaction, or if the violation is such that it
cannot be reasonably cured within seven (7) days, Licensee shall provide
evidence to CITY that Licensee has commenced and will diligently continue
efforts to completion to cure the violation; in such event, this Agreement shall
continue.
d. Licensee becomes insolvent or files for bankruptcy, effective upon delivery of
notice to Licensee, or other such effective date as CITY shall state in the notice.
e. Licensee’s written notice of termination, which shall provide not less than 30
days’ notice.
7. Any notice to be given by mail, email, or personal delivery by one party to the other as
follows:
a. To Licensee: Any of the following: the address and person stated in Licensee’s
Business Permit Application, the person named as the Registered Agent and to
the mailing address for such person as shown in the records of the Oregon
Secretary of State, Business Name Records; or the name and address stated
above.
b. To CITY: Director of Parks and Recreation, at the address stated above.
Any notice mailed shall be deemed delivered to the addressee 48 hours after depositing
the notice in the US Post Office, Lake Oswego Branch. Any notice emailed to the other
shall not be deemed received until a confirmation of receipt is sent by return email.
8. Construction. In construing this Agreement, the singular may include the plural, and vice
versa, the masculine may include the feminine and neuter, and vice versa, if the context
so requires, and generally all grammatical changes shall be made, assumed or implied to
make the provisions hereof applicable to corporations as to individuals and as necessary
to carry out the intent of the parties.
IN WITNESS WHEREOF, the undersigned have hereunto executed this Agreement, which includes
the attached Exhibit A, on the date stated below and the terms and provisions of the Agreement
are accepted by the respective parties.
LICENSEE: Raw Oregon Honey LLC
By: __________________________________
Name: ___________________________
Date Signed: ______________________
CITY: City of Lake Oswego
By: ________________________________
Martha Bennett, City Manager
Date Signed: _________________
Date Approved by Council:
__________________
Approved as to Form:
____________________________________
Evan P. Boone
Deputy City Attorney
Page 6 – Facility Use Agreement
Digitally signed by Evan
Boone
Date: 2025.03.12
16:36:13 -07'00'
Exhibit A
Scope of Work and Fee Schedule
1. Facility Use and Location
a. Hive Placement: The Contractor shall start with 5-10 honey bee hives, which will be
located on the Brock Property of the Luscher Farm complex in Pollinator Blob 4, as
indicated on Map A in the red circle attached hereto.
b. Access to this area will be granted for the duration of this Agreement at the driveway
marked with the red arrow in Map A. Key to the gate will be provided by the City.
c. Pollination Area: The honey bee hives will be situated within the Pollinated Blob 4 area
outlined by the red “X” measuring approximately 15 ft. x 15 ft in Map B.
d. Hive Maintenance: The Contractor will be solely responsible for transporting the hives
to Luscher Farm, hive set up and placement, maintaining the hives, managing the bees,
and collecting honey.
e. Signage: Educational signage will be placed by the City along the paths at the blue stars
in Map B.
Map A
Map B
2. Responsibilities of the Contractor
a. General Hive Management: The Contractor agrees to manage the hives, including
regular maintenance, inspection, and any necessary treatments for the health of the
honey bee colonies. The Contractor shall also collect honey when ready and ensure all
activities are conducted in accordance with relevant beekeeping standards.
b. Weed Management: The Contractor agrees to remove and keep down the weeds and
grass within a 3 ft radius of the hives.
c. Set up & Removal: The Contractor agrees to manage the set up and removal of the hives
as needed.
3. Use of Honey and Boxes for Educational Purposes
a. Honey Use: Some of the honey collected from the hives may be used for educational
purposes at Luscher Farm by City Staff, including in Luscher Farm educational classes,
demonstrations, camps, cooking classes and other programs. The honey may also be
shared with participants during classes.
b. Boxes for Education: The hives and related boxes may be used by Luscher Farm for
educational purposes, including for demonstration in public programs, so long as these
activities do not interfere with the Contractor’s use of the hives.
4. Fee Structure and Space Granting
a. Space Fee: The space granted for the hives and activities outlined in this Agreement will
be provided free of charge.
b. Conditions of Free Use: This free space use is conditioned upon the Contractor’s
agreement to provide educational classes and programs to the public, as well as
allowing the use of the honey and hives for Luscher Farm educational purposes as
outlined in Section 5 above.
5. City Responsibilities
a. Support for Education: Luscher Farm will support the educational initiatives by assisting
in the development of materials, signage, and promoting public access to the classes
and outreach programs.
b. Access to Space: The Facility will grant the Contractor access to the designated area for
hive maintenance and educational purposes as specified in this Agreement. A key will be
provided for gate access.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Ordinance 2957, Annexing property at 16523 Bonaire Avenue (AN 24-0006)
Meeting Date: April 1, 2025
Report Date: March 12, 2025
Staff Member: Paul Espe, Associate Planner
Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval
☐Public Hearing ☐Denial
☒Ordinance ☐None Forwarded☐Resolution ☐Not Applicable☐Information Only Comments: This annexation is being processed under
an expedited review provided under Metro Code
3.09.045. ☐Council Direction
☒Consent Agenda
Staff Recommendation: Enact Ordinance 2957.
Recommended Language for Motion: Move to enact Ordinance 2957.
Project / Issue Relates To: Annexation of residential property to the City.
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in the addition of approximately 0.23
acres of residential land to the City. This annexation is being processed as an expedited review
provided under Metro Code 3.09.045 because 100% consent of all owners has been obtained
and no right-of-way is included in the territory to be annexed. This Council report describes the
reasons for the annexation and provides basic background information. The criteria for
approving annexations and findings in support of this annexation are included in Attachment B
of Exhibit A-1 (Ordinance 2957).
Applicant/Property Owners: Sean and Anne Kilpatrick
Location/Size: The subject property consists of 0.23 acres (10,164 square feet) and is located on
the west side of Bonaire Avenue, approximately 700 feet north of the intersection of Bonaire
Avenue and Washington Court.
6.2
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Existing Land Use: Tax Map/Lot 21E07DC02200 is occupied by a single-family dwelling and takes
access from Bonaire Avenue.
Neighborhood: The property is located within the Lake Forest Neighborhood Association.
Purpose of Annexation: The property owners initiated the annexation to connect to city
sanitary services due to a failing septic system.
Plan and Zone Designation: The subject property is currently under Clackamas County’s
jurisdiction and zoned Low Density Residential (R-8.5). It is designated R-7.5, Low Density
Residential on the City of Lake Oswego Comprehensive Plan Map and will be zoned R-7.5 upon
annexation.
Development Potential: This is a 0.23-acre parcel. Based on the size and shape of the parcel,
the property could not be further divided, but could be developed to the density allowed under
the middle housing standards.
Sensitive Lands: There are no Sensitive Lands designated on the property.
Statewide Goal 10 and Complete Neighborhoods and Housing
Statewide Goal 10 Housing
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing chapter in the City’s
Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed housing
units, the efficient use of buildable land within urban growth boundaries, and to provide greater
certainty in the development process so as to reduce housing costs.
Proposed Annexation
Vicinity Map
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Page 3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Staff has provided findings (Exhibit A-1, Attachment B) that the proposed annexation and
designation of City R-7.5 zoning are consistent with the Comprehensive Plan and Map, and will
help to meet the City’s housing needs as identified by the Housing Needs Analysis (HNA). The
proposal would provide the opportunity for needed housing as identified in the HNA, is
consistent with the Comprehensive Plan, and therefore complies with Goal 10. (See Attachment
B for the complete findings under Goal 10).
Sewer and Water Service: Sanitary sewer service is available from an 8-inch sewer main located
in Bonaire Avenue along the site frontage. This sanitary sewer main was recently constructed
with two land use partition projects in the City of Lake Oswego (LU 17-0059 and LU 17-0060).
Note: The Engineering Staff has preliminarily commented by memo on the development
standards that would apply for the possible future property development, which will be
prepared as a part of the preapplication conference for any future property development.
Water: The property is served by the Lake Grove Water District. There is a Lake Grove Water
District water main located in Bonaire Avenue along the site frontage. The nearest existing fire
hydrant is located approximately 150 feet south of the site at the southeast quadrant of the
intersection of Bonaire Avenue/West Sunset Drive. This property will be withdrawn from the
LGWD and will be served by the City.
Surface Water Management: Once the property is annexed, the territory will be subject to the
City’s stormwater management regulations. Any new development will be subject to these
provisions, which ensure that new development does not have an adverse effect on adjoining
properties and does not overburden the City stormwater system.
Service Districts: Upon annexation and by operation of ORS 222.520, the property will be
withdrawn from the Lake Grove Fire District #57 (per July 2003 urban service agreement; no
bonded debt), the Lake Grove Water District (no bonded debt), the Surface Water Management
Agency of Clackamas County (no bonded debt), and the Clackamas County Enhanced Sheriff’s
Patrol District (no bonded dept), but will remain in the Lake Grove Park District (per the July
2003 urban service agreement), and the Library District of Clackamas County (per the 2009
County IGA) (no bonded debts for these Districts).
Transportation: The City’s Transportation System Plan (TSP) implements the multi-modal
transportation system that will meet the needs of the city for a 20-year planning horizon.
Bonaire Avenue is identified as a local street in the City’s Transportation System Plan. Although
the portion of this roadway along the frontage of this property has been annexed to the city, it
remains under the maintenance jurisdiction of Clackamas County. The road maintenance
jurisdiction will not be transferred to the City until it is appropriate to complete a road transfer
process with the County in the future. Tri-Met Line 37 provides service on Boones Ferry Road to
the transfer station in the City of Tualatin.
The draft findings provided in Attachment B of Exhibit A-1 conclude that the proposed
annexation complies with all applicable State statutes and Metro code requirements.
FISCAL IMPACT
The estimated assessed value of the residential property is $413,743. The estimated tax
revenue after the lot is annexed is $1,070.
Page 4
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
RECOMMENDATION
Approve AN 24-0006 (Ordinance 2957).
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2957 (Draft 03/12/25)
Attachment A: Map of Proposed Annexation, 02/12/25
Attachment B: Criteria, Findings, Conclusion, and Effective Date, 03/12/25
B. Minutes
None.
C. Staff Reports
None.
D. Graphics/Plans
None.
E. Written Materials
E-1 Housing Needs Analysis 2023 (Oregon Statewide Planning Goal 10;
Comprehensive Plan excerpt, 09/21/23)
(due to size, use link below to view this exhibit)
LINK TO PUBLIC RECORDS FOLDER FOR THIS CASE
https://www.ci.oswego.or.us/WebLink/Browse.aspx?id=2873051&repo=CityOfLakeOswego
Ordinance 2957, AN 24-0006
(21E07DC02200) EXHIBIT A-1/PAGE 1 OF 3
ORDINANCE 2957
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.23
ACRES AT 16523 BONAIRE AVENUE; DECLARING CITY OF LAKE OSWEGO ZONING OF R-7.5
PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN
DISTRICTS (AN 24-0006).
WHEREAS, annexation to the City of Lake Oswego of the territory shown in the map in
Attachment “A” and described below, would constitute a contiguous boundary change under
ORS 222.111(2), initiated by petition from the property owners as outlined in ORS 222.111(2);
and,
WHEREAS, the City has provided written notification of this annexation as required under ORS
222.120(3); and,
WHEREAS, the City has received consent for the proposed annexation from all of the property
owners and not less than 50 percent of the electors residing in the territory as outlined in ORS
222.125; and,
WHEREAS, the territory lies within the Lake Grove Fire District #57 district boundaries and the
district has no bonded debt, and pursuant to the July 2003 urban service agreement between
the City and the district, the City elects ORS 222.520(2)(b), and the territory shall be withdrawn
from that district immediately upon approval of the annexation; and,
WHEREAS, the territory lies within the Clackamas County Enhanced Sheriff’s Patrol District
boundaries, which serves unincorporated property within Clackamas County, and the district
has no bonded debt, the City elects ORS 222.520(2)(b), and the territory shall be withdrawn
from the district upon approval of the annexation; and,
WHEREAS, the part of the territory that lies within the Surface Water Management Agency of
Clackamas County and the district has no bonded debt, the city elects ORS 222.520(2)(b) and
the territory shall be withdrawn from that agency immediately upon approval of the
annexation; and,
WHEREAS, the part of the territory that lies within the Lake Grove Water District and the
district has no bonded debt, the city elects ORS 222.520(2)(b) and per the 1994 IGA, the
territory shall be withdrawn from that agency immediately upon approval of the annexation;
and,
WHEREAS, LOC 50.01.004.5 specifies that, where the Comprehensive Plan Map requires a
specific Zoning Map designation to be placed on the territory annexed to the City, such a zoning
designation shall automatically be imposed on the territory as of the effective date of the
annexation; and,
WHEREAS, this annexation is consistent with the Urbanization Chapter of the City of Lake
Oswego’s acknowledged Comprehensive Plan, Oregon Revised Statutes 222.111(2), 222.120(3)
and 222.125 for boundary changes, and Metro Code Sections 3.09.040(A) (1-4) and 3.09.045.
EXHIBIT A-1
Ordinance 2957, AN 24-0006
(21E07DC02200) EXHIBIT A-1/PAGE 2 OF 3
Now, therefore, the City of Lake Oswego ordains as follows:
Section 1. The real property described as follows is hereby annexed to the City of Lake
Oswego:
A tract of land located within the southeast quarter of Section 7, Township 2 South, Range 1
East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, and being a
part of Lot 193, Map of Bryant Acres Plat 3 (Plat No. 442), plat records of Clackamas County, said
tract of land being all that property conveyed to Sean and Anne Kilpatrick by Quitclaim Deed
recorded November 6, 2019 in the Official Records of Clackamas County, as Recording No.
2019-070389; said tract of land more particularly described as follows:
Beginning at a point at the intersection of the southerly line of said Lot 193 and the westerly
right of way line of Bonaire Avenue (Bonita Drive), said point being North 89°35’ West, 20 feet
from the southeast corner of said Lot 193;
Thence North 89°35’ West along the southerly line of said Lot 193, 140 feet;
Thence leaving said southerly line, North 0°16’ West, 72.5 feet;
Thence South 89°35’ East, 140 feet to the westerly right of way line of said Bonaire Avenue;
Thence South 0°16’ East along said right of way line, 72.5 feet, more or less, to the point of
beginning.
The annexed territory is depicted on Attachment A.
Section 2. The above recitals are incorporated.
Section 3. The annexed area lies within the following districts and shall be retained within
these districts upon the effective date of annexation:
Lake Grove Park District
Library District of Clackamas County
Section 4. The annexed area lies within the following districts and shall be withdrawn from
these districts upon the effective date of annexation:
Lake Grove Fire District #57
Clackamas County Enhanced Sheriff’s Patrol District
Surface Water Management Agency of Clackamas County
Lake Grove Water District
Section 5. In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 shall be
applied to the subject property on the effective date of annexation, as shown on Attachment A.
Section 6. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Ordinance 2957, AN 24-0006
(21E07DC02200) EXHIBIT A-1/PAGE 3 OF 3
Section 7. Effective Dates:
a. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
b. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, the annexation shall
become effective on the day after the election.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on the 1st day of April, 2025.
AYES:
NOES:
ABSTAIN:
EXCUSED:
________________________________
Joseph M. Buck, Mayor
________________________________
Dated
ATTEST:
______________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
____________________________________
Ellen Osoinach, City Attorney
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Annexation to the City of Lake Oswego
AN 24-0006/Ordinance 2957
³
2/12/2025
Lake Oswego
City Limits
Subject
Property
Attachment A
Tax Lot ID:21E07DC02200
City of Lake Oswego:
COMPREHENSIVE PLAN = R-7.5, Residential Low Density
ZONING = R-7.5, Residential Low Density
Clackamas County:
ZONING = R-8.5, Urban Residential Low Density
R-7.5
0 100 200 300 400 50050
Feet
WLG
RMU
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 1 OF 10
ATTACHMENT B
Criteria, Findings, Conclusion, and Effective Date
APPLICABLE CRITERIA:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1.ORS 222.111(2) Authority and Procedure for Annexation; Specifying Tax Rate in Annexed Territory.
2.ORS 222.120(1, 3) Procedure for Annexation Without Election; Hearing; Ordinance Subject to
Referendum.
3.ORS 222.125 - Annexation by Consent of All Owners of Land and Majority of Electors; Proclamation
of Annexation.
B. Metro Code.
1. 3.09.040(A)(1-4) Requirements for Petitions.
2.3.09.045 (A-E) Expedited Decisions.
C.Comprehensive Plan - Urbanization Chapter
1.Policy A-3: “The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is the area
within which the City shall be the eventual provider of the full range of urban services.”
2.Policy C-3: “Ensure that annexation of new territory or expansion of Lake Oswego’s Urban Services
Boundary does not detract from the City’s ability to provide services to existing City residents.”
3.Policy C-4: “Prior to the annexation of non-island properties, ensure urban services are available and
adequate to serve the subject property or will be made available in a timely manner by the City or a
developer commensurate with the scale of the proposed development.”
4.Policy D-3: “Enter into and maintain an Urban Growth Management Agreement with Clackamas
County for lands within the Urban Services Boundary to … (g) “Promote orderly annexation of
territory.”
D. Comprehensive Plan – Complete Neighborhoods and Housing (Statewide Goal 10)
Policy B-1: “Provide and maintain zoning and development regulations that allow the opportunity to develop
an adequate supply and variety of housing types, and that accommodate the needs of existing and
future Lake Oswego residents.”
E.OAR 660-008-0010 Allocation of Buildable Land
FINDINGS:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1.ORS 222.111(2) Authority and Procedure for Annexation; Specifying Tax Rate in Annexed Territory.
ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the legislative body
of the City, on its own motion, or by a petition to the legislative body of the City by owners of real property in the
territory to be annexed. The property owners have petitioned the City for this annexation. The proposed annexation
complies with this statute.
2.ORS 222.120 Procedure for Annexation Without Election; Hearing; Ordinance Subject to Referendum.
ORS 222.120(1,3) states that an election need not be held on the question of annexation to the electors of the city
for their approval or rejection if the legislative body provides for a duly noticed public hearing before the legislative
body at which time the electors of the City may appear and be heard on the question of annexation.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 2 OF 10
The City has provided written notification of this annexation by publishing a notice once each week for two
consecutive weeks prior to the day of the hearing in a newspaper of general circulation in the city and posted the
notice of public hearing in four public places as required under ORS 222.120(3). The notice was published in the Lake
Oswego Review and was posted at the City Hall, the Adult Community Center the City Library and the Operations
Center. The notice contained information about the affected territory, time and place of the public hearing and the
means by which any person can obtain a copy of the written report. The annexation notification and review
procedures comply with this statute.
3. ORS 222.125 - Annexation by Consent of All Owners of Land and Majority of Electors; Proclamation of
Annexation.
ORS 222.125 states that an election need not be held on the question of annexation within the area proposed to be
annexed if all of the owners of land in the territory and not less than 50 percent of the electors, if any, residing in the
territory consent in writing to the annexation. The property is occupied by a single-family dwelling with two electors.
The property owners who are also electors residing on the property have consented to the annexation. The proposed
annexation complies with this statute.
B. Metro Code
1. 3.09.040 - Requirements for Petitions.
A. A petition for a boundary change must contain the following information:
1. The jurisdiction of the reviewing entity to act on the petition;
2. A map and a legal description of the affected territory in the form prescribed by the reviewing
entity;
3. For minor boundary changes, the names and mailing addresses of all persons owning property
and all electors within the affected territory as shown in the records of the tax assessor and
county clerk; and,
4. For boundary changes under ORS 198.855 (3), 198.857, 222.125 or 222.170, statements of
consent to the annexation signed by the requisite number of owners or electors.
The above information was submitted as required by Metro Code. The property owners have signed the
application and petition. A map and legal description in the form required by the City have been included in
the application materials and are on file. The property owners have consented to the annexation on the
annexation petition, meeting the consent requirements of ORS 222.125. The annexation petition complies
with the Metro code requirements.
2. 3.09.045 – Expedited Decisions
A. The governing body of a city or Metro may use the process set forth in this section for minor
boundary changes for which the petition is accompanied by the written consents of one hundred
percent of property owners and at least fifty percent of the electors, if any, within the affected
territory. No public hearing is required.
B. The expedited process must provide for a minimum of 20 days’ notice prior to the date set for
decision to all necessary parties and other persons entitled to notice by the laws of the city or
Metro. The notice shall state that the petition is subject to the expedited process unless a
necessary party1 gives written notice of its objection to the boundary change.
C. At least seven days prior to the date of decision the city or Metro shall make available to the
public a report that includes the following information:
1 “Necessary party” means “county; city; district whose jurisdictional boundary or adopted urban service area
includes any part of the affected territory or who provides any urban service to any portion of the affected territory;
Metro; or any other unit of local government." Metro Code 3.09.020(J).
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 3 OF 10
1. The extent to which urban services are available to serve the affected territory, including
any extra- territorial extensions of service;
2. Whether the proposed boundary change will result in the withdrawal of the affected
territory from the legal boundary of any necessary party; and
3. The proposed effective date of the boundary change.
Metro Code 3.09.045(A) states that an expedited review of an annexation, where no public hearing is
required, can be considered by a governing body within the area proposed to be annexed if one hundred
percent of the property owners and not less than 50 percent of the electors, if any, residing in the territory
consent in writing to the annexation. The property owners have signed the annexation application. One
hundred percent of the owners and electors have consented to this annexation.
Metro Code 3.09.045(B) requires a minimum of 20 days’ notice to all necessary parties prior to the decision
date. The County, Metro, and local service districts are the necessary parties under the Metro Code
3.09.020(J) and all have been notified on March 12, 2025, 20 days before the scheduled decision date.
Metro Code 3.09.045(C) requires that the report discussing availability of urban services, withdrawal of the
affected territory, and the proposed effective date of the boundary change be made available at least seven
days prior to the date of decision. The annexation report has been prepared and made available on March
12, 2025, no later than seven days prior to the public meeting.
The proposed annexation complies with the Metro Code.
D. To approve a boundary change through the expedited process the City shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065
The City has entered into ORS 195.065 agreements with: 1) Lake Oswego School District, and 2) Lake
Grove Fire District.
Lake Oswego Park District (Lake Oswego School District): The City and the Lake Oswego School
District entered into an ORS 195.065 urban service agreement for park services in July, 2003. The
School District operates the Lake Grove Swim Park located at 3800 Lakeview Boulevard. The
agreement states that the annexation of property by the City within the Lake Grove Park District
(which funds the swim park) shall not cause the withdrawal of this property from the District.
Lake Grove Fire District #57: The City and District entered into an ORS 195.065 urban service
agreement for fire protection in July, 2003. The agreement states that upon annexation of property
within the district by the City, the annexed property shall be withdrawn from the District and the City
shall provide fire protection services. This property is within the boundaries of the Lake Grove Fire
District #57 and the annexation will withdraw this property from that District.
The proposed annexation is consistent with these agreements.
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the affected
territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts) between the
City and a necessary party.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 4 OF 10
d. Any applicable public facility plan adopted pursuant to a statewide planning goal
on public facilities and services.
Consistent with Statewide Planning Goal 11 (Public Facilities) and the Community Health and Public
Safety Chapter of the Comprehensive Plan, the City maintains a Public Facilities Plan (PFP).
The PFP consists of master plans for streets, sanitary sewer, water, and stormwater facilities, which
provide the basis for long-range planning for both the incorporated and unincorporated lands within
Lake Oswego’s Urban Services Boundary (USB). The PFP is comprised of the Lake Oswego
Transportation System Plan, Wastewater Master Plan, Water System Master Plan, and Clean
Streams (Stormwater) Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12
(Transportation).
Wastewater Master Plan: Sanitary sewer service is available from an 8-inch sewer main located in
Bonaire Avenue along the site frontage. This sanitary sewer main was recently constructed with two
land use partition projects in the City of Lake Oswego (LU 17-0059 and LU17-0060). A minimum 4-
inch lateral would be required within the right-of-way to connect to the mainline, and a two-way
clean-out shall be positioned at the right-of-way line. A street opening permit will be required for
the sewer tap and work within the public right-of-way and a plumbing permit will be required for
on-site work. The on-site work will include decommissioning the existing septic tank (removal, or
filling with sand or gravel). All work would be done by private contractors.
A System Development Charge (SDC) will be due upon connection. A plumbing permit is required for
connection. Using the current Master Fees & Charges, as approved by the City of Lake Oswego
effective January 1, 2025, the Sewer SDC for a dwelling using a ¾-inch water meter is $3,607 (a 1-
inch water meter is $6,014). These fees and charges are adjusted at the beginning of each year.
The applicant shall also be put on notice that 16523 Bonaire Avenue is within the boundary of a
sanitary sewer zone of benefit, effective January 19, 2018, with an expiration date of January 19,
2043. The initial unit connection charge for this property was $6,727 in 2018. [Note: The unit
connection charge is adjusted annually to account for inflation and is due at the time of permit
issuance for connection to the public sanitary sewer. The applicant should contact the Engineering
Department to determine the connection charge that will be due if connected in 2025.]
Note: The Engineering Staff has preliminarily commented by memo on the development standards
that would apply for the sewer connection.
The sewer line has been installed and maintained in accordance with the provisions of the City’s
Wastewater Master Plan.
Water System Master Plan: The property is served by the Lake Grove Water District. There is a Lake
Grove Water District water main located in Bonaire Avenue along the site frontage. The nearest
existing fire hydrant is located approximately 150 feet south of the site at the southeast quadrant of
the intersection of Bonaire Avenue/West Sunset Drive. Per the 1994 IGA, the City will withdraw the
property from the District and the property will be served by the City.
Clean Streams (Stormwater) Plan: After annexation, on-site surface water management will fall
under various provisions of the Lake Oswego Code and the Clean Streams plan. However, stormwater
runoff from new and/or replaced impervious surface areas shall be managed in accordance with the
City’s Stormwater Management Code (LOC 38.25). The Clean Streams (Stormwater) Plan does not
identify any future projects for this section of Bonaire Avenue.
Transportation (Statewide Planning Goal 12): The City’s Transportation System Plan (TSP)
implements the multi-modal transportation system that will meet the needs of the city for a 20-year
planning horizon.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 5 OF 10
Bonaire Avenue is identified as a local street in the City’s Transportation System Plan. Although the
portion of this roadway along the frontage of this property has been annexed to the City, it remains
under the maintenance jurisdiction of Clackamas County.
The road maintenance jurisdiction will not be transferred to the City until it is appropriate to
complete a road transfer process with the County in the future.
Tri-Met Line 37 provides service on Boones Ferry Road to the transfer station in the City of Tualatin.
The City’s Transportation System Plan implements the multi-modal transportation system that will
meet the needs of the city for a 20-year planning horizon.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: This property is currently designated R-8.5 Low Density Residential on
Clackamas County’s Comprehensive Plan and Zoning Maps. It is designated Low Density Residential,
R-7.5 on the City’s Comprehensive Plan Map. As required under LOC 50.01.005.5, upon annexation,
a City zoning designation of R-7.5 will be automatically applied to this property.
The City and County have coordinated their comprehensive plans within the Dual Interest Area
outlined in the City-County Urban Growth Management Agreement (UGMA) (dated February 4,
1992 and updated November 18, 1997), hence the City/County designations have been determined
to be compatible. The proposed zoning designation of R-7.5 is consistent with the UGMA between
the County and the City.
Comprehensive Plan Policies: The Lake Oswego Comprehensive Plan contains the following relevant
language in the Urbanization chapter:
Policy A-3: “The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is the area
within which the City shall be the eventual provider of the full range of urban services.” The property
to be annexed is within the City’s Urban Services Boundary. Therefore, the proposed annexation and
the withdrawal of this property from the identified districts is consistent with this policy.
Policy C-3: “Ensure that annexation of new territory or expansion of Lake Oswego’s Urban Services
Boundary does not detract from the City’s ability to provide services to existing City residents.”
The approval of this annexation will result in the addition of 0.23 acres to be served by the City. As
stated in Section 2(b)(1), the addition of this territory will not detract from the City’s ability to
provide police and fire protection to existing City residents.
As outlined elsewhere in these findings and the incorporated materials, annexation of this property
will not affect the City’s ability to provide parks and recreation services, sewer or water services.
Policy C-4: “Prior to the annexation of non-island properties, ensure urban services are available and
adequate to serve the subject property or will be made available in a timely manner by the City or a
developer commensurate with the scale of the proposed development.”
Availability of urban services serving this property is discussed below:
Water: Water is available to serve the subject property as detailed in subsection D.1.d. Pursuant to
the 1994 IGA with the Lake Grove Water District, the property will be withdrawn from the District.
The District has no bonded debt.
Sewer: Sanitary sewer service is available to serve the subject areas as detailed in subsection D.1.d.
Stormwater: As detailed in subsection D.1.d, future development will be required to comply with the
City standards for stormwater management.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 6 OF 10
Fire Protection: Lake Grove Fire District #57 provides fire protection services to this property by
agreement with the City of Lake Oswego. The District has no bonded debt. Upon annexation, the
property will be withdrawn from this fire district per a July, 2003 urban service agreement and will
be served directly by the City. The Fire station on 4555 Jean Road, located south of the site, would be
able to respond to emergencies under the eight-minute goal established in the Comprehensive Plan.
Police: Upon annexation, this property will be withdrawn from the Clackamas County Enhanced
Sheriff’s Patrol District and served by the City of Lake Oswego. The Sheriff’s District has no bonded
debt. The Lake Oswego Police Department reviewed the proposal and indicated that it does not have
any concerns with serving this property upon annexation.
Parks and Open Space: The City has 629 acres of park and open space lands, or 14.6 acres per 1,000
population. The parks nearest to this property are Waluga Park East, Waluga Park West and Lamont
Springs Natural Area. Waluga Park East and West are located north of Oakridge Road and East and
West of Waluga Drive. These two parks consist of 53 acres of active and natural passive areas. West
Waluga Park includes two lighted baseball fields, a playground picnic shelters, lights and restrooms.
Lamont Springs is a natural park with no amenities for organized recreational activities. The City’s
park system will not be overburdened by any additional population annexed to the City with this
application.
Lake Grove Park District: The Lake Grove Swim Park, managed by the Lake Oswego School District,
and funded by the Lake Grove Park District, is located at 3800 Lakeview Boulevard. The swim park is
approximately 1.3 acres in size with restroom, play and swim facilities. Per the 2003 Urban Service
Agreement, this property will remain within the Lake Grove Park District following annexation.
Library District of Clackamas County: The Library District was formed to act as the fiscal agent for the
distribution of property tax revenues raised by the District permanent rate to participating local
governments who operate public libraries within Clackamas County. This property will remain within
the Library District of Clackamas County following annexation.
Surface Water Management Agency of Clackamas County: The Surface Water Management program
protects water quality with programs to prevent, minimize and reduce pollution in rivers streams and
wetlands caused by urban story water runoff. This property will be withdrawn from the district upon
approval of this annexation.
Transportation - Streets and Mass Transit: Transportation infrastructure and transit service is
available to serve the subject area, as detailed in subsection D.1.d, above.
Other Urban Services: LOC 50.06.008.3 requires that all development be provided with the following
utility services: sanitary sewer, water, sidewalks, pedestrian and bicycle paths, traffic control signs
and devices, street lights, streets, and TV cable. These utilities are now in place or can be put in place
to serve this property.
In the event that future development occurs, an applicant for development is obligated to construct
all necessary public facilities to serve their development.
Urban Growth Management Agreement
The Lake Oswego Comprehensive Plan, Urbanization Chapter, Policy D-3, calls for the City to enter
into and maintain an UGMA with Clackamas County for lands within the USB.
Similarly, General Urbanization Policy 4.A.4 of the Clackamas County Comprehensive Plan calls for
the establishment of Urban Growth Management Areas and UGMAs to clarify planning
responsibilities between the County and cities for areas of mutual interest. Policy 4.A.5 directs the
County to establish agreements with cities and service districts to clarify service and infrastructure
responsibilities for areas of mutual interest.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 7 OF 10
In furtherance of these policies, the City and County have entered into an UGMA that stipulates a
mutual interest in coordinated land use planning, compatible comprehensive plans and provision of
urban services and facilities.
This agreement ensures coordination and consistency between the City and County comprehensive
plans and outlines responsibilities in providing services and managing growth within the Dual
Interest Area. Subsections 6 and 7, provided below, are applicable to annexations.
“6C. City and County Notice and Coordination:
The City shall provide notification to the County, and an opportunity to participate, review
and comment, at least 35 days prior to the first public hearing on all proposed public
facilities plans, legislative changes to the City Comprehensive Plan, or quasi-judicial land use
actions adjacent to, or in close proximity to unincorporated areas. The City shall provide
notice to the County of private or City initiated annexation requests within five days of the
filing of an application with the Portland Metropolitan Boundary Commission.”
The City-County UGMA specifies that the City notify the County of an annexation request within five
days of when it is submitted to the Boundary Commission. There is no longer a Boundary
Commission for the Portland Metropolitan area.
Staff relies on the notice requirements of Metro Code 3.09.045(B), which requires mailing notice to
all necessary parties, 20 days prior to the annexation decision for all necessary parties (other
governmental entities). The notice shall state that the petition is subject to the expedited process
unless a “necessary party” gives written notice of its objection to the boundary change. The County
is a necessary party under the Metro Code definition and has been notified.
“7. City Annexations
A. The City may undertake annexations in the manner provided for by law within the
Dual Interest Area. The City annexation proposals shall include adjacent road right-
of-way to property proposed for annexation. The County shall not oppose such
annexations.
B. Upon annexation, the City shall assume jurisdiction of the County roads and local
access roads pursuant to a separate road transfer agreement between the City and
county.”
The City is undertaking this annexation in the manner provided for in the applicable ORS and Metro
Code for the territories that lie within the Dual Interest Area. This annexation is consistent with the
City and County comprehensive plans which have been coordinated in the Dual Interest Area within
the regional Urban Growth Boundary (UGB). The right-of-way adjacent to this property is within the
City Boundary and although the portion of this road way along the frontage of this property has
been annexed to the City, the road maintenance jurisdiction will not be transferred to the City until it
is appropriate to complete a road transfer process with the County in the future.
Statewide Goal 10 and Complete Neighborhoods and Housing
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
The Complete Neighborhoods and Housing Chapter of the City’s Comprehensive Plan implements
Statewide Housing Goal 10 and the Portland Metropolitan Housing Rule (OAR 660-007-0000 et seq.),
which requires that the City plan for a supply of residentially zoned land with an average allowed
density of 10 dwelling units per net acre, and the opportunity to develop a mix of housing types
consisting of not less than 50% attached and multifamily dwellings.
Compliance with the State rules ensures the opportunity to provide adequate numbers of needed
housing units and the efficient use of buildable land within urban growth boundaries, while
promoting certainty in the development process to help reduce housing costs.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 8 OF 10
The following Oregon Administrative Rule (OAR) provides standards for compliance with Goal 10
“Housing” pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through 197.307 (Needed
Housing):
OAR 660-008-0010 Allocation of Buildable Land
The mix and density of needed housing is determined in the housing needs projection. Sufficient
buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type
and density range as determined in the housing needs projection. The local buildable lands inventory
must document the amount of buildable land in each residential plan designation.
The Lake Oswego Comprehensive Plan, Complete Neighborhoods and Housing Chapter, adopted
pursuant to Goal 10 and the Metropolitan Housing Rule is designed to meet Lake Oswego’s housing
needs for not less than a twenty-year planning period. The Comprehensive Plan Map designates
residential land use designations within the City limits and within Lake Oswego’s USB through the
year 2035. The Comprehensive Plan Map’s residential land use designations are consistent with the
City’s Housing Needs Analysis (HNA) 20 Year Housing Need Forecast 2023-2043 (9/21/23), also
incorporated herein by reference, and the City of Lake Oswego-Clackamas County UGMA, which
specifies future zoning of lands with the USB upon annexation to Lake Oswego. These designations
match the corresponding Zoning Map designations such that there is only one zone for each Plan
designation, and therefore only one zone that is applied to each lot upon annexation, consistent
with the UGMA and in compliance with Goal 10 and the Metropolitan Housing Rule. In the case of
the subject application, the applicable Plan Map designation and corresponding Zone Map
designation is R-7.5.
The HNA is based on the Comprehensive Plan Map’s residential land use designations. Figure 6.3 of
the HNA, excerpted below, forecasts a citywide deficit of 642 units (86 acres), including a deficit of
192 units (38 acres) of low-density residential land, to meet the city’s housing needs by 2043.
The proposed annexation would add 0.44 acres of low-density residential land to the City’s Buildable
Lands inventory (BLI), which would correspondingly reduce the deficit of low-density residential land
needed to meet the city’s housing needs by 2043 by 0.23 acres. The proposed annexation and
designation of City zoning is consistent with the Comprehensive Plan and Map, and will help to meet
the City’s housing needs as identified by the HNA; therefore, the annexation and zone change
comply with Goal 10 and its implementing administrative rules. In this case, the zoning district would
provide the opportunity for needed housing as identified in the HNA.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 9 OF 10
The City uses the following approach for findings supporting two types of annexation zone changes:
Option 1 is for annexation-related non-discretionary comprehensive plan and zoning map
amendments.
Option 2 is for annexation-related discretionary comprehensive plan and zoning map
amendments.
“Non-discretionary” amendments are zoning map amendments applied to an annexed property (or
properties) where the applicable zoning designation is prescribed by the City’s Comprehensive Plan
and a zoning conversion table in the City-County UGMA. “Discretionary” amendments are where
more than one zoning designation is applicable, as prescribed by the City’s Comprehensive Plan and
the City-County UGMA, and the City Council has discretion in applying zoning.
The proposed rezoning in AN 24-0006 is non-discretionary because the zoning is prescribed by the
City of Lake Oswego Comprehensive Plan and the zoning conversion table in the City of Lake
Oswego-Clackamas County UGMA.
The City’s R-7.5 zone is proposed to be applied consistent with (matching) the R-7.5 land use
designation in the City’s Goal 10/Metro Housing Rule-compliant Comprehensive Plan. The
Metropolitan Housing Rule (OAR 660-007-0035(3)) states that Lake Oswego must provide for an
overall density of ten or more dwelling units per net buildable acre. The City’s R-7.5 zone allows for
the development of cottage cluster developments of up to 8 dwelling units on properties meeting
the minimum lot size of 7,500 sq. ft., corresponding to a density of more than 34 dwelling units per
acre. The City’s R-7.5 zone also allows for the development of quadplexes containing 4 dwelling units
on properties meeting the minimum lot size, corresponding to a density of more than 17 dwelling
units per acre. Further, the City’s R-7.5 zone allows for the development of triplexes containing 3
dwelling units on properties meeting the minimum lot size, corresponding to a density of more than
13 dwelling units per acre. Therefore, the City’s R-7.5 zone meets the requirement to provide for an
overall density of ten or more dwelling units per net buildable acre.
The City Council does not have discretion to apply a different zone to the subject property unless it is
amending the Comprehensive Plan to change the land use designation; therefore, the City does not
evaluate proposed zones against its HNA. The City simply applies the zoning that is prescribed by the
Comprehensive Plan, consistent with the Complete Neighborhoods and Housing (Goal 10) chapter of
the Plan. In doing so, the City relies on LOC 50.01.004.5.a, which states that the Lake Oswego
Comprehensive Plan Map provides for the future City zoning of all property within the City’s USB. In
cases where the Comprehensive Plan Map requires a specific zoning map designation, this
designation is automatically imposed on territory when the property is annexed to the City.
In conclusion, the proposed R-7.5 zoning is consistent with the Comprehensive Plan and City-County
UGMA for the subject property, and the City Council does not have other zoning options from which
to choose in approving AN 24-0006.
f. Any applicable concept plan
There no applicable concept plans in this area.
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
The proximity of this property to existing City services will allow this annexation to promote the
timely, orderly, and economical extension of public facilities and services. It can readily be served
with urban services and facilities.
If and when additional development occurs in the area, provision of public facilities and services will
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 10 OF 10
occur consistent with the City’s adopted public facility master plans, ensuring that it does not
adversely affect the quality or quantity of urban services and avoiding unnecessary duplication of
facilities or services. Therefore, this boundary change is consistent with criteria 2.a through 2.c.
E. A city may not annex territory that lies outside the UGB except it may annex a lot or parcel that
lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the City’s UGB.
C. Comprehensive Plan - Urbanization Chapter
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), “Comprehensive Plan
Policies – Urbanization.”
D. Comprehensive Plan – Complete Neighborhoods and Housing (Statewide Goal 10)
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), “Comprehensive Plan
Policies – Complete Neighborhoods and Housing (Statewide Goal 10).”
E. OAR 660-008-0010 - Allocation of Buildable Land
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), “Comprehensive Plan
Policies – Complete Neighborhoods and Housing (Statewide Goal 10).”
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 24-0006 complies with
all applicable criteria and the annexation should be approved.
EFFECTIVE DATE:
A. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C., the
ordinance shall be effective on the 30th day after its enactment.
B. Effective Date of Annexation. Following the filing of the annexation records with the Secretary of State
as required by ORS 222.177, this annexation shall be effective upon the later of:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State;
provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as established
above is a date that is within 90 days of a biennial primary or general election or after the deadline for filing
notice of election before any other election held by any City, district or other municipal corporation involved
in the area to be annexed, the annexation shall become effective on the day after the election.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Adopting Findings, Conclusions, and Order [AP 24-05, TR 499-24-001844-TREE],
Appeal from a Development Review Commission decision approving a permit to remove one
18-inch DBH Western hemlock tree at 233 E Ave.
Meeting Date: April 1, 2025
Report Date: March 24, 2025
Staff Member: Courtney Simms, Associate Planner
Department: Community Development Department
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☒Consent Agenda
Staff Recommendation: Adopt the Findings, Conclusions and Order finalizing the City
Council’s March 18 tentative decision to affirm the Development Review Commission and
approve the tree removal permit TR 499-24-001844-TREE (AP 24-05).
Recommended Language for Motion: Move to adopt the Findings, Conclusions and Order in
AP 24-05.
Project / Issue Relates To: N/A
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
BACKGROUND
Owner / Applicant Koval Holdings, LLC, through its representative Faster Permits, filed a Type II
tree removal permit application to remove one 18” DBH Western hemlock tree at 233 E Avenue
as part of the public improvement permit for required alley improvements. Staff made a
tentative decision to approve the application, and an appeal/request for hearing was filed. The
Development Review Commission (DRC) held a quasi-judicial hearing on December 16, 2024
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
and tentatively denied the application for tree removal. On January 6, 2025, the Commission
held a final vote and, with some Commissioners changing their vote from the tentative
decision, the result was that the Commission adopted Findings, Conclusions and Orders to
approve the application [Exhibit B-001].
DISCUSSION
Appellant Deborah Linke appealed the DRC Order to the City Council. The City Council
conducted a quasi-judicial appeal hearing on February 18, 2025 and Council requested a re-
examination of the record for the required public improvements from the City’s Planning and
Engineering Staff. Staff provided that information in a memo dated March 7, 2025. After
receiving this information from staff on March 18, 2025, Council deliberated, and tentatively
approved, with conditions, AP 24-05, denying the Appellant’s appeal of the DRC Order.
The motion to tentatively approve the application for tree removal and deny the appeal was as
follows:
Councilor Mboup moved to tentatively affirm the Commission’s decision to approve the
tree removal application AP 24-05 / 499-24-001844-TREE with conditions of approval;
and direct staff to present findings, conclusions and an order finalizing the Council’s
tentative decision on April 1, 2025.
The vote on the motion was:
AYES: Mayor Buck and Councilors Corrigan, Wendland, and Verdick
NOES: Councilors Afghan and Mboup
ABSTAIN: None
EXCUSED: Councilor Rapf
The attached Findings, Conclusions and Order (Attachment 1) finalize the City Council’s
tentative decision. The Findings address the issues raised on appeal, based on the deliberations
of the Council members voting in the majority. Where the majority’s deliberations did not
directly address an issue raised on appeal, the Findings address those issues either by
incorporation of the Staff Report or Planning Commission Findings, or as consistent with
tentative approval.
ALTERNATIVES
The Council may either approve the Findings, Conclusions and Order as presented or direct staff
to make modifications to the Findings and return with amended Findings to the Council.
RECOMMENDATION
Approve the Findings, Conclusions and Order as presented.
ATTACHMENTS
1. Findings, Conclusions and Order, with Exhibit A
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ATTACHMENT 1
Page 1 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
BEFORE THE CITY COUNCIL
OF THE CITY OF LAKE OSWEGO
A REQUEST FOR A TYPE II TREE REMOVAL PERMIT
FOR ONE TREE AT 233 E AVE.
----
AN APPEAL BY DEBORAH LINKE FROM A
DEVELOPMENT REVIEW COMMISSION DECISION
APPROVING THE TREE REMOVAL PERMIT
AP 24-05
TR 499-24-001844-TREE
KOVAL HOLDINGS, LLC
FINDINGS, CONCLUSIONS & ORDER
NATURE OF PROCEEDINGS
This matter came before the Lake Oswego City Council on an appeal by Deborah Linke
(“Appellant”) from a Development Review Commission (“Commission”) Order approving an application
for a Type II tree removal permit to remove one 18” Western hemlock for development in order to
construct the required public improvement (20 ft. alley grading and gravelling) for an 8-unit cottage
cluster development (Exhibit A-002).
The site is located at 233 E Ave. (Tax Lot Reference 21E03DA04200).
HEARINGS
The Appellant had previously requested a hearing before the Commission on the staff’s
tentative approval of the application.
The Commission held a public hearing and considered the staff approval of the tree removal
permit application at its meeting of December 16, 2024. The Commission adopted Findings, Conclusion
and Order approving the permit on January 6, 2025 (Exhibit B-001). The City Council (Council) held a
public hearing to consider the appeal of the Commission’s order on February 18, 2025 and requested a
re-examination of the record for the required public improvements from the City’s Planning and
Engineering Staff. Staff has provided that information in a memo dated March 7, 2025.
ADDITIONAL TESTIMONY
Pursuant to LOC 55.02.085(4), the hearing before the Council shall be on the record established
before the Commission and only persons who appeared before the Commission orally or in writing may
testify. The following written testimony was received after the publication of the Council Report from
ATTACHMENT 1
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ATTACHMENT 1
Page 2 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
qualified persons:
G-512 S. Houser, received February 13, 2025
G-513 D. Linke, received February 13, 2025
CORRECTION OF THE RECORD
The regular meeting agenda notice for the January 6th Commission meeting was referenced as
Exhibit A-003 in the February 12, 2025 Council Report. However, a clerical error added the Commission’s
public hearing notice for the December 16, 2024 meeting as Exhibit A-003. The January 6, 2025 meeting
agenda was available online prior to the Council meeting and no party indicated that they suffered
prejudice by its correction at the Council’s public meeting, when staff displayed the correct January 6,
2025 Commission meeting notice to the Council and the public. The correct January 6, 2025 Commission
meeting notice is added into the record here as Exhibit A-003A, and the Council takes adjudicatory
notice of the meeting notice, per LOC 50.07.003.7.h.iii, as stated in the Council Report.
CRITERIA AND STANDARDS
City of Lake Oswego Tree Code [LOC Chapter 55]:
LOC 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits
LOC 55.02.084 Mitigation Required
LOC 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit
LOC 55.02.094 Conditions of Approval for Tree Cutting Permits
FINDINGS AND REASONS
As support for its decision, the Council incorporates the December 6, 2024 Staff Report (Exhibit
D-001), with all exhibits, the February 12, 2025 Council Report, with all exhibits, the February 12 and
February 13, 2025 Council Memos, the March 7, 2025 Council Memo, and the Findings and Conclusions
of the Commission (Exhibit B-001), supplemented by the further findings and conclusions of the Council,
below. In the event of any inconsistency between the supplemental findings and the incorporated
matter, the supplemental findings control. Following are the supplemental findings and conclusions of
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ATTACHMENT 1
Page 3 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
the Council.
1. Issues Raised Before and Addressed by the Commission
The issues raised before the Council are limited to the issues raised before the Commission with
sufficient specificity to allow the Commission to respond to the issue [LOC 55.02.085(4);
LOC 50.07.003.7.k]. Accordingly, the Council need not address issues raised before it because, except to
the extent the Council adopts supplemental findings herein, the Council incorporates the Commission’s
Findings (Exhibit B-001) and the Council Report with respect to those raised issued to the Council.
2. Public Improvement Requirement / Tree Removal
The subject tree is located at the southeast corner of the site, at the intersection of the rights-
of-way of the alley and E Avenue.
The Utilities; Streets/Sidewalks (Pathways) and Other Public Infrastructure Standards for
Approval, Design and Specifications Required [LOC 50.06.008.3.b] requires the applicant to comply with
City design plans, specifications, and details. As outlined in the March 7, 2025 Council memo, pgs. 4-6,
and Findings and Conclusions of the Commission (Exhibit B-001), LOC 42.03.075(4) states:
“Alleys shall be located in a right-of-way of not less than 20 feet, with paved roadway widths to
be approved by the City Engineer based on the function of the alley.
As stated in the Staff Report (Exhibit D-001, pg. 3) and in the March 7, 2025 Council Memo (pg. 5), the
City Engineer determines the basis for the function of the alley, e.g., neighborhood plan, engineering
design standard, and Fire Code; the City Engineer has determined the full 20 ft. width is required and
reducing the width to meet the minimum tree protection guidelines to potentially retain the tree would
not be sufficient width for the function of the alley.
The Council acknowledges the appellant’s point that there are instances where vegetation is
located in other alleys in First Addition. However, existing vegetation in the alleys is substandard and
subject to removal [LOC 42.18.1015(1)(f), (2)]. When undertaking new development, the developer is
required to being the public improvement up to standard [LOC 50.06.008.3.b.iv, 3.d.i(5, 6), 4.f].
CONCLUSION
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ATTACHMENT 1
Page 4 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
Based upon its findings, the Council concludes that the applicant has met the burden of showing
that all applicable criteria and standards for a tree removal permit are met -- or as to LOC 55.02.080(3)
criteria, Exception b is met -- or can be met with conditions of approval.
ORDER
The Council orders that the Commission’s Order approving the application for tree removal is
affirmed and the application for a Type II tree removal permit for 1 18” Western hemlock [AP 24-05/TR
499-24-001844-TREE] is approved with the following condition:
A. Prior to the issuance of the building permits, pay the required tree fund mitigation fee for
removal of one significant tree ($344).
AYES:
NOES:
ABSTAIN:
EXCUSED:
DATED this 1st day of April, 2025.
____________________________________
Joseph M. Buck, Mayor
ATTEST: ____________________________________
Kari Linder, City Recorder
AGENDA- Revised
DEVELOPMENT REVIEW COMMISSION
Monday, January 6, 2025 – 6:00 PM
Online Meeting via Zoom
Staff Contact: Kat Kluge at kkluge@lakeoswego.city
503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Virtual Access
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Dwight Sangrey, Chair Russ O’Connor, Vice Chair John Dewes
Kristen Bates Helen Leek Yuko Mino Larry Linstrom
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
December 16, 2024
4. FINDINGS
AP 24-04 [TR 499-24-001007-TREE]: A request for approval of a Type II tree removal application
499-24-001007-TREE) for 22 trees (6”- 44” DBH) to construct a new 8-unit cottage cluster middle
housing development.
This site is located at 233 E Avenue (Tax Reference: 21E03DA04200). The Staff Coordinator is
Courtney Simms, Associate Planner.
AP 24-05 (TR 499-24-001844-TREE)]: A request for approval of a Type II tree application (499-24-
001844-TREE) to remove one 18” DBH Western hemlock to construct the required public
improvements as part of a new 8-unit cottage cluster middle housing development.
This site is located at 233 E Avenue (Tax Reference: 21E03DA04200). The Staff Coordinator is
Courtney Simms, Associate Planner.
5. ELECTION OF CHAIR AND VICE-CHAIR
6. SCHEDULE REVIEW AND MANAGEMENT UPDATE
7. ADJOURNMENT
EXHIBIT A
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Resolution 25-08, Formation of an ad hoc Tree Task Force
Meeting Date: April 1, 2025
Report Date: March 21, 2025
Staff Members:
Jessica Numanoglu, Community Development
Director
Quin Brunner, Management Analyst
Departments: Community Development & CMO
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☒Resolution ☒Not Applicable☐Information Only Comments: The Council held a study session on
November 19, 2024, and provided direction to staff
on the overall scope of the project to amend city tree
regulations.
☐Council Direction
☒Consent Agenda
Staff Recommendation: Adopt Resolution 25-08 to form an ad hoc Tree Task Force.
Recommended Language for Motion: Move to adopt Resolution 25-08.
Project / Issue Relates To: 2025 City Council Initiative: Implement action items in the 2024
Urban and Community Forest Plan, including an update to City tree regulations.
Issue before Council (Highlight Policy Question):
☒Council Goals/Priorities ☐Adopted Master Plan(s)☐Not Applicable
ISSUE BEFORE COUNCIL
Shall the Council form an ad hoc Tree Task Force to provide input on amendments to City tree
regulations?
BACKGROUND
In June 2024, the City completed an update to its Urban and Community Forestry Plan (UCFP).
As part of this process, the project consultant conducted a comprehensive review of all relevant
City Codes, Plans, and Policies related to urban forest management. This review was informed
by staff interviews, input from a Technical Advisory Committee, and feedback from public
engagement, including stakeholder focus groups, boards and commissions, and the City
6.4
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Council. Based on these findings, the consultant developed recommendations for code
revisions and updates, which are outlined as action items in the UCFP Strategic Plan. The
recommendations focus on targeted amendments to the Tree Code and Community
Development Code (CDC) to align with best management practices, support the long-term
sustainability of the City’s urban forest, and ensure compliance with state law.
The Council held a study session on November 19, 2024, and provided direction to staff on the
overall scope and approach to updating the Tree Code and CDC.
DISCUSSION
To support the 2025 City Council Initiative to update the City’s tree regulations, staff proposes
the creation of an ad hoc Tree Task Force who will be charged with reviewing work products and
providing input to the City project team in accordance with the following objectives:
• The proposed amendments to the City’s tree regulations shall align with the general scope
and intent of code changes identified in the 2024 Urban and Community Forestry Plan.
• The recommendations shall focus on enhancing the long-term sustainability of Lake
Oswego’s urban forest by incorporating best management practices in urban forestry, while
also ensuring regulatory efficiency, clarity and effectiveness.
• All recommended amendments shall comply with state law.
The Task Force's guidance will shape the development of code concepts, amendments, and the
final staff recommendation to the Council in Winter 2026.
Recruitment and selection of Task Force members will take place through the annual Boards &
Commissions process. Appointments will be recommended by the Mayor and approved by the
City Council at a future meeting.
FISCAL IMPACT
Creation of an ad hoc Tree Task Force will have minimal fiscal impact. Anticipated costs include
staff time (existing), project consultant time, and meeting materials, all of which are covered in
the Planning Department budget.
RECOMMENDATION
Staff recommends adoption of Resolution 25-08 to form an ad hoc Tree Task Force.
Resolution 25-08 1 forms the ad hoc Tree Task Force, establishing its charge, composition, and
timeline.
ATTACHMENT
1. Resolution 25-08, Formation of the ad hoc Tree Task Force
1 LOC 12.50.010(1): “’Ad Hoc Committee’ means a temporary committee appointed for a specific term to
accomplish a specific task or project. Ad hoc committees shall be established by resolution of the Council. The
resolution shall set forth the term of the committee, the task or project to be accomplished, the timeline for
completion of the task of the project, and such other direction as the Council deems appropriate.”
Resolution 25-08 Page 1 of 2
RESOLUTION 25-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO CREATING AN AD HOC
TREE TASK FORCE.
WHEREAS, a 2025 City Council Initiative is to ‘implement action items in the 2024 Urban and
Community Forestry Plan, including an update to City tree regulations’; and
WHEREAS, the creation of an ad hoc Tree Task Force to review work products and provide
feedback to the project team would help staff make a recommendation for tree regulation
amendments to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. Creation. Pursuant to LOC 12.50.010(1), an ad hoc Tree Task Force (“Task Force”)
is hereby created.
Section 2. Membership. The Task Force’s membership shall consist of not more than 12
community members and local professionals, appointed and approved as
provided by the City Charter, Sec. 19 and LOC 12.50.015(1).
The membership shall include at least one representative from each of the following groups:
•The Development Review Commission
•The Parks, Recreation & Natural Resources Advisory Board
•The Sustainability Advisory Board
•The Neighborhood Chairs Committee
•Local certified arborist, with preference for a TRAQ-certified arborist
•Local home building professionals, such as builders, developers, home designers or
architects with experience applying Lake Oswego’s tree and development regulations
•Community members with knowledge and experience with the city’s tree permitting
process and/or experience in tree management, natural resources, or sustainability
Section 3. Term. The term of the Task Force is from the date of this Resolution through April
1, 2026, unless its tasks are concluded earlier or the term is extended by
resolution of the City Council.
Section 4. Charge Statement. The Task Force is charged with reviewing work products and
providing input to the City project team in accordance with the following
objectives:
•The proposed amendments to the City’s tree regulations shall align with the general
scope and intent of code changes identified in the 2024 Urban and Community Forestry
Plan.
•The recommendations shall focus on enhancing the long-term sustainability of Lake
Oswego’s urban forest by incorporating best management practices in urban forestry,
ATTACHMENT 1
Resolution 25-08 Page 2 of 2
while also ensuring regulatory efficiency, clarity and effectiveness.
• All recommended amendments shall comply with state law.
Section 5. Effective Date. This Resolution shall take effect upon passage.
Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on
the 1st day of April, 2025.
AYES:
NOES:
EXCUSED:
ABSTAIN:
___________________________________
Joseph M. Buck, Mayor
ATTEST:
___________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
________________________________
Ellen Osoinach, City Attorney
503-675-2543 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Resolution 25-15, Approving the Appointment of an Alternate to Fill a Vacancy on
the Planning Commission
Meeting Date: April 1, 2025
Report Date: March 12, 2025
Staff Member: Erik Olson, Long Range Planning
Manager
Quin Brunner, Management Analyst
Department: Community Development & CMO
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☒Consent Agenda
Staff Recommendation: Adopt Resolution 25-15.
Recommended Language for Motion: Move to adopt Resolution 25-15.
Project / Issue Relates To:
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
BACKGROUND
On Saturday, March 8, 2025, Dave Schenone, a member of the Planning Commission, submitted
his letter of resignation.
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503-675-2543 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
DISCUSSION
On June 18, 2024, the City Council appointed James Bruce to a one-year term as an Alternate to
the Planning Commission, serving through June 30, 2025. With the vacancy on the board due
to Dave Schenone’s resignation, Mayor Buck appoints James Bruce to fill the remainder of Dave
Schenone’s term through June 30, 2027, subject to the approval of the City Councilors.
RECOMMENDATION
Adopt Resolution 25-15.
ATTACHMENTS
1. Resolution 25-15.
RESOLUTION 25-15
A RESOLUTION OF THE CITY COUNCILORS OF THE CITY OF LAKE OSWEGO APPROVING
THE APPOINTMENT OF AN ALTERNATE TO THE PLANNING COMMISSION.
WHEREAS, the City Council, on June 18, 2024, appointed James Bruce to serve as an
alternate to the Planning Commission; and
WHEREAS, Planning Commission member, Dave Schenone submitted a letter of
resignation on March 8, 2025; and
WHEREAS, the Mayor appointed James Bruce to fill the remainder of Dave Schenone’s
term, subject to Council approval, pursuant to Section 19 of the City Charter;
NOW THEREFORE, BE IT RESOLVED, that the City Councilors of the City of Lake Oswego
approve the Mayor’s appointment of James Bruce to serve the remainder of Dave
Schenone’s term on the Planning Commission through June 30, 2027.
This resolution shall take effect upon passage.
Considered and adopted by the City Councilors of the City of Lake Oswego at a regular
meeting held on the 1st day of April, 2025.
AYES:
NOES:
ABSTAIN:
EXCUSED:
______________________________
Joseph M. Buck, Mayor
ATTEST:
______________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
____________________________
Ellen Osoinach, City Attorney
ATTACHMENT 1
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Redefining the 50+ Advisory Board as the Community Health and Resiliency
Advisory Board
Meeting Date: April 1, 2025
Report Date: March 21, 2025
Staff Members:
Maria Bigelow, ACC Manager
Megan Phelan, Assistant City Manager
Quinlan Brunner, Management Analyst
Department: City Manager’s Office
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial
☒Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☐Consent Agenda
Staff Recommendation: Enact Ordinance 2960.
Recommended Language for Motion: Move to enact Ordinance 2960 redefining the 50+
Advisory Board as the Community Health and Resiliency Advisory Board.
Project / Issue Relates To: N/A
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
ISSUE BEFORE COUNCIL
Code amendments to modify LOC 12.51.065 to redefine the 50+ Advisory Board as the
Community Health and Resiliency Advisory Board.
9.1
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
BACKGROUND
At the beginning of 2025, the City Council adopted an initiative to “redefine the 50+ Advisory
Board as the Community Health and Resiliency Advisory Board.”
This action completes the model-arc of a productive advisory board:
• The City Council identifies an emerging need.
• A standing body is formed to study the issue, recommend solutions, and facilitate
implementation of proposed changes.
• Having successfully fulfilled their charge, the advisory board identifies related issues.
• The City Council prioritizes the next phase of work and restructures the body to address
the new scope.
Anticipating the needs of an aging community and energized by the 50+ Dialogues, the City
Council replaced the Adult Community Center Advisory Board in 2006 with the 50+ Advisory
Board. This group was given a four-pronged charge, which has remained virtually unchanged
for the board’s two decades of existence:
a. Advise the City Council as to the needs and interests of City residents who are 50 years
of age and over.
b. Monitor trends in aging, research new programs and services for people 50 years of age
and over and provide the resulting information to the City Council.
c. Make recommendations to the City Council relating to current and potential services,
programs and facilities intended to enhance the quality of life for City residents who are
50 years of age and over.
d. Advise and make recommendations relating to actions of the City Council that may
affect residents who are 50 years of age and over.
The 50+ Advisory Board has played a significant role in advancing the priorities of older adults in
Lake Oswego, and has successfully supported the introduction of a host of new programs and
structures. In recent years, as 50+ Advisory Board members have found the core elements of
their charge largely fulfilled, they have organically shifted their focus to community-wide issues
that have particular relevance to older residents: community health and resiliency.
This board-level shift has coincided with the City Council’s prioritization of both emergency
preparedness and mental health. Older adults have a unique set of needs related to these
priorities, and staff have intentionally written consideration of these needs into the preliminary
charge of the Community Health and Resiliency Advisory Board.
DISCUSSION
The proposed redefinition of the 50+ Advisory Board will take place in three phases:
• Phase One – Staff develop preliminary charge statement; City Council formalizes
redefinition of the board and appoints new members. We are here.
o Members will be appointed to the Community Health and Resiliency Advisory
Board through the annual Boards & Commissions selection process.
o Members who are currently serving on the 50+ Advisory Board will complete
their term on the Community Health and Resiliency Advisory Board.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
• Phase Two – Staff onboard new members; members provide feedback on charge
statement.
o July – September 2025
• Phase Three – City Council considers revised charge statement; advisory board develops
work plan.
o October – December 2025
The preliminary charge statement, developed by staff, dictates that the Community Health and
Resiliency Advisory Board shall:
a. Advise the City Council as to how best prepare the community for emergencies,
especially seniors and people with disabilities.
b. Advise the City Council as to how to promote healthy lifestyle options.
c. Provide recommendations to the City Council on ways to educate and inform the
community about emergency management operations and resiliency.
d. Provide recommendations to City Council for City events related to Community
Health and Resiliency, such as the City’s Emergency Preparedness Fair, and programs
focused on community health.
Senior Representation on Boards & Commissions
Staff prepare an annual demographic report on
the City’s Boards & Commissions membership.
In 2024, 28% of members, across all ten Advisory
Boards, Commissions, and Committees, were at
least 65 years old. Further, at least one resident
65 or older is serving on every one of the City’s
other nine appointed bodies.
From the 2023 demographic report: “The lack of
representational issues facing the fifty-five and
older demographic may justify reconsideration of
the 50+ Advisory Board’s charge. It is imperative
that the needs of senior community members are
represented in decision-making processes…[and] this group has adequate representation across
all Boards and Commissions to ensure their perspective is considered.”
RECOMMENDATION
Enact Ordinance 2960 redefining the 50+ Advisory Board as the Community Health and
Resiliency Advisory Board.
ATTACHMENTS
1. Code Amendments with Commentary
2. Ordinance 2960
3. Ordinance 2960 Exhibit 1, Code Amendments (no commentary)
Under 18
12%
18-24
2%
25-34
4%
35-44
15%
45-54
28%
55-64
11%
65-74
21%
75+
7%
Age of B&C Members (2024)
Page 1 – Ord. 2960 – Board and Commission Code Amendments with Staff Commentary
§12.51.065 50+ Advisory Board.Community Health and Resiliency Advisory Board.
Staff Comment: Per the 2025 Council Initiative to: “Redefine the 50+ Advisory Board as the Community
Health and Resiliency Advisory Board.”
1.Creation; Membership; Term. There is hereby created a 50+ Advisory Board Community
Health and Resiliency Advisory Board of the City of Lake Oswego consisting of seven regular
members appointed for three-year terms, plus two members who are in high school or less than
18 years old at the time of appointment who shall be appointed for one-year terms.
Staff Comment: Adds two youth members.
2.Qualifications. No less than a majority of the members of the 50+ Advisory BoardCommunity
Health and Resiliency Advisory Board shall be residents of the City of Lake Oswego. Any
members not residing in the City shall reside within the City’s Urban Services Boundary or own
a business located within the City or be employed full-time within the City.
Staff Comment: Eligibility requirements consistent with standard for all new Advisory Boards.
Commissions and Committees have more stringent residency requirements.
3.Duties. The 50+Community Health and Resiliency Advisory Board shall:
a.Advise the City Council as to the needs and interests of City residents who are 50
years of age and over.
b.Monitor trends in aging, research new programs and services for people 50 years of
age and over and provide the resulting information to the City Council.
c.Make recommendations to the City Council relating to current and potential services,
programs and facilities intended to enhance the quality of life for City residents who are
50 years of age and over.
d.Advise and make recommendations relating to actions of the City Council that may
affect residents who are 50 years of age and over.
e.Advise the Adult Community Center Manager on policies and programs of the Adult
Community Center when requested by the Manager.
a.Advise the City Council as to how best prepare the community for emergencies, especially
seniors and people with disabilities.
b.Advise the City Council as to how to promote healthy lifestyle options.
c.Provide recommendations to the City Council on ways to educate and inform the
community about emergency management operations and resiliency.
d.Provide recommendations to City Council for City events related to Community Health and
Resiliency, such as the City’s Emergency Preparedness Fair, and programs focused on
community health.
Staff Comment: This charge language was developed and reviewed by board staff. One of
the first functions of the newly-charged advisory board will be to review this charge language
and propose modifications.
ATTACHMENT 1
ORDINANCE 2960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC 12.51.065
(50+ ADVISORY BOARD) TO REDEFINE THE 50+ ADVISORY BOARD AS THE COMMUNITY HEALTH
AND RESILIENCY ADVISORY BOARD.
WHEREAS, the City Council adopted a 2025 initiative to “redefine the 50+ Advisory Board as the
Community Health and Resiliency Advisory Board”; and
WHEREAS, members serving on the 50+ Advisory Board will fulfill their terms on the redefined
Community Health and Resiliency Advisory Board; and
WHEREAS, vacancies on the redefined Community Health and Resiliency Advisory Board will be filled
through the established recruitment and selection processes.
The City of Lake Oswego ordains as follows:
Section 1. The Lake Oswego Code is hereby amended by adding the section and text shown in bold,
double-underlined type and deleting the text shown in strikethrough type as set forth on Exhibit 1.
(Section or subsections within the Lake Oswego Code that are not marked for deletion or addition are
neither amended nor deleted by this Ordinance.)
Section 2. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 1st day of
April, 2025.
AYES:
NOES:
ABSTAIN:
EXCUSED:
___________________________________
Joseph M. Buck, Mayor
ATTEST:
___________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
________________________________
Ellen Osoinach, City Attorney
ATTACHMENT 2
Page 1 – Ord. 2960 – Board and Commission Code Amendments
§12.51.065 50+ Advisory Board.Community Health and Resiliency Advisory Board.
1.Creation; Membership; Term. There is hereby created a 50+ Advisory Board Community
Health and Resiliency Advisory Board of the City of Lake Oswego consisting of seven regular
members appointed for three-year terms, plus two members who are in high school or less than
18 years old at the time of appointment who shall be appointed for one-year terms.
2.Qualifications. No less than a majority of the members of the 50+ Advisory BoardCommunity
Health and Resiliency Advisory Board shall be residents of the City of Lake Oswego. Any
members not residing in the City shall reside within the City’s Urban Services Boundary or own
a business located within the City or be employed full-time within the City.
3.Duties. The 50+Community Health and Resiliency Advisory Board shall:
a.Advise the City Council as to the needs and interests of City residents who are 50
years of age and over.
b.Monitor trends in aging, research new programs and services for people 50 years of
age and over and provide the resulting information to the City Council.
c.Make recommendations to the City Council relating to current and potential services,
programs and facilities intended to enhance the quality of life for City residents who are
50 years of age and over.
d.Advise and make recommendations relating to actions of the City Council that may
affect residents who are 50 years of age and over.
e.Advise the Adult Community Center Manager on policies and programs of the Adult
Community Center when requested by the Manager.
a.Advise the City Council as to how best prepare the community for emergencies, especially
seniors and people with disabilities.
b.Advise the City Council as to how to promote healthy lifestyle options.
c.Provide recommendations to the City Council on ways to educate and inform the
community about emergency management operations and resiliency.
d.Provide recommendations to City Council for City events related to Community Health and
Resiliency, such as the City’s Emergency Preparedness Fair, and programs focused on
community health.
ATTACHMENT 3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Enforcement of Rights-of-Way Violations & Vegetation Program
Meeting Date: April 1, 2025
Report Date: March 24, 2025
Staff Member: Erica Rooney, City Engineer
Lucas Rhyan, Engineering Technician II
Department: Engineering
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments:
☒Council Direction☐Consent Agenda
Staff Recommendation: Introduce vegetation compliance citation
Recommended Language for Motion: N/a
Project / Issue Relates To: Civil violation code enforcement processes for vegetation and
encroachment violations with public right-of-way.
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
ISSUE BEFORE COUNCIL
Staff will provide an overview of the current approach to right-of-way (ROW) and sight-distance
enforcement, which includes but is not limited to, physical obstructions for pedestrian
movement, sight distance obstructions for vehicles, and general ROW encroachments, such as
fences, gates, rocks, and other landscaping amenities.
Staff seeks Council direction on enforcement priorities and considerations, as well as any
feedback regarding current practices and priorities.
10.1
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
EXECUTIVE SUMMARY
This report outlines the City's current approach to ROW Code enforcement, highlighting key
considerations, priorities, and challenges. The ROW is intended all modes transportation and
for other public uses (like utilities and parking); however, the area is often encroached upon by
adjacent properties, causing conflict with intended use. Ultimately, staff desires to minimize
discretion and maximize an objective approach to allow for consistent enforcement of the ROW
encroachments. At the same time, staff wants to enable equitable outcomes for the general
public and maintain consideration for extenuating circumstances. Staff requests feedback from
the Council on the current ROW enforcement process as well as enforcement alternatives.
BACKGROUND
Rights-of-way enforcement is critical to maintain safety, accessibility, and quality of life. ROW is
enforced to maintain access for utility partners as well as continued safe access for pedestrian,
bicycling, other wheeled transport, and vehicular traffic. Enforcement is achieved through the
implementation of City Code as well as standards set forth by various Federal guidelines and
City design standards. Without active enforcement, code standards are less likely to be
followed, which degrades community accessibility, safety, and livability.
City Code Overview
Right-of-Way Uses and Regulations
The City has regulatory management over public ROW. This does not, however, obligate the
City to maintain nor repair any part of such ROW. The City is to permit and manage reasonable
access to the public ROW for utility services, capital improvements, and conserve the limited
physical capacity, integrity, and longevity of those ROW (LOC 51.01).
Right of Way Encroachments
With some exemptions, nothing erected or placed in the ROW, including the placement and
maintenance of vegetation, should create visual obscuration for drivers or physical barrier for
pedestrians on improved walkways (LOC 42.18.1010 (1); 42.18.1015 (2)). The exemptions are
listed in LOC 42.18.1015 include sidewalks, mailboxes, utilities, irrigation systems, handrails,
lawns, plants (except hedges), and approved street trees. The exemptions are not permitted if
they create a line of sight traffic hazard or conflict with the federal Americans with Disabilities
Act requirements. Other than the exemptions listed, nothing else is expressly allowed to
permanently remain in the ROW.
Violations of ROW Code are civil violations. Several departments enforce civil violations
depending on the nature of the violation. There are common considerations in code
enforcement:
1. Equity - Community members are treated fairly and justly, regardless of their age,
physical abilities, socioeconomic status, race, or background.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
A purely complaint-based enforcement system is when City staff receives a formal
notice (email or safety form) from a citizen about a specific property or properties.
Complaint-based enforcement may result in inequitable effect because of inconsistent
treatment. For instance, it can reward residents who feel comfortable contacting the
City, such as people who speak English fluently, are more socio-economically well off,
and have trust in local government. This can lead to higher rates of complaints and
enforcement actions in some neighborhoods, but not others, and can disproportionately
affect people who don’t feel as comfortable contacting the City.
Systematic code enforcement is a more proactive method to address or prevent
violations. It includes promoting education and enforcing violations observed by staff in
the field, rather than waiting until a complaint is received. Please refer to the Civil
Violation Code Enforcement Study Session dated June 18, 2024 for a broader equity
evaluation on systematic-based civil violation enforcement.
No data has been collected specifically to evaluate equity in the City’s civil enforcement
programs.
2. Priorities - Staff must balance workloads to resolve on-going cases as well as investigate
new cases, all while performing other duties within their role
3. Outcomes. Current enforcement strategies achieve some level of effectiveness but
violator’s correction action does not always result in complete compliance with Code.
4. Citations/escalation – Issuance of citations or remediation through public nuisance
enforcement, including city personnel. To enter property to conduct remediation, a
circuit court proceeding may be required.
5. Private Action Liability. Failure to comply with city code may be a basis of liability cited
by the injured party against the property owner in a civil proceeding.
Code enforcement staff make a concerted effort to resolve violations first through education
and voluntary compliance.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Table 1. Department Responsibility for Civil Violation Code
Enforcement Applicable to ROW and Vegetation Management.
Department Responsible Staff Related City Codes and Ordinances
Enforced
Police Community Service
Officers (CSOs) and
Police Officers
Nuisances (Ch. 34)
Traffic Code – Parking (Ch. 32)
Sign Code (Ch. 47)
Tree Code (Ch. 55)
Fire Fire Marshal Fire Code (Ch. 15)
Parks and Recreation Park Rangers Encroachments in parks
Community
Development
Building Official
Code Enforcement (CE)
Specialists
Building Code (Ch. 45)
Nuisances (Ch. 34)
Sign Code (Ch. 47)
Community Dev. Code (Ch. 50)
Tree Code (Ch. 55)
Engineering Public Works Staff
Engineering Technicians
Nuisances – Sidewalks (Ch. 34)
Streets, Sidewalk, ROW (Ch. 42)
Utility Facilities in Public ROW (Ch. 51)
Erosion Control (Ch. 52)
Engineering Code Enforcement Actions
The Engineering Department does not have a dedicated code violation specialist. Rather code
enforcement is addressed by permit technicians, as a part of their work to manage the ROW.
The work includes responding to vegetation or other encroachments, and sidewalk obstructions
or deficiencies. ROW violations are often addressed with a correction letter. The letter
describes the violation, the applicable Code, and what is required for compliance. This method
has resulted in over 150 properties removing vegetation, addressing sidewalk deficiencies, and
other encroachments throughout the City since July 2024. No further enforcement action, e.g.,
citation or liens (when the City acts to remedy a public nuisance violation) have been necessary
to obtain compliancy from the 150 properties.
Since July 2024
• 194 Sites inspected
o 13 letters to property owners for sidewalk deficiency complaints
o 8 letters sent to property owners for general ROW complaints (storage of
materials, rocks, etc.)
o 121 Letters sent to homeowners for vegetation compliance
o 23 sites part of Public Works vegetation management plan or belong to the Parks
Department
o 29 sites required no action after a site visit was conducted
• 86% of sites that received letters were resolved by owner compliance
• 14% of sites unresolved
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About 190 hours of staff time was expended in enforcement on 194 Sites:
• receiving and filing public complaints
• conducting field inspections of each site
• analyzing sight distances in the field
• annotating sight distance studies in the office
• preparing photos of each site that highlight the requested action
• preparing and processing letters to homeowners of each site
• taking phone calls from property owners
• meeting with property owners on-site to discuss plans of action
• follow-up inspections
• follow-up thank you letters or additional action letters
• meetings with other staff to discuss the more challenging properties
Proactive corridors, such as arterials and collectors, indicating violations letters/per number
of sites along the corridor:
• Country Club – 30/78
• Boca Ratan – 18/55
• Goodall – 6/50
• South Shore (in progress) – 15/175
• McVey/Stafford (to Sacred Heart Cemetery) – 22/70
DISCUSSION
The frequency and nature of ROW violations vary by department and the process to address
and prioritize violations also varies depending on the Code violated and the nature and urgency
of the violation. However, there are some common factors in most civil violation investigations
that are considered in the City’s overall approach to code enforcement.
Considerations in ROW and Sight Distance Violation Code Enforcement
1. Equity.
The Engineering Dept. utilizes both a complaint-based and a systematic-based approach to
code enforcement. The department’s systemic—based approach includes conducting
corridor inspections and patrols.
Table 2 lists regulations that are enforced by Engineering on a complaint basis and a
systematic basis, with comment regarding the equity consideration. Worth noting is the
potential disproportion of violations amongst lower-income residents who may be
experiencing financial hardship, or disabled, or elderly residents who are unable to perform
maintenance. Landscaping needed to remedy violations can sometimes be expensive and
arduous physical labor.
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No citations have been issued by the Engineering department for violations; correction
letters and an educational approach have been used. As noted above, this approach has
led to an 86% compliance rate.
Table 2. ROW Violation Enforcement Equity Considerations
Regulation Description Equity Evaluation
Vegetation in
the ROW
Permitted vegetation must
be no taller than 30” in sight
triangle, branches no lower
than 8’ in sight triangle, and
branches no lower than 9’
over pedestrian paths.
Complaint basis
- potentially higher rates of complaint at
intersections or areas with high foot traffic
Systematic basis
- places of higher visibility during routine
patrol of the City
Fences and
Walls
encroaching
on ROW or
easement
Fences and walls that are
constructed on public ROW
or City easements are
addressed by CE Specialists
or Engineering Technicians.
Same as above
and
Systematic basis
- site inspections for new development,
inspectors also look for encroachments
Boulders and
Landscaping
Rocks in ROW
Rocks are not allowed in the
ROW over a certain size.
Additionally, only certain
gravel is approved in the
ROW and shoulders.
Same as above
and
Complaint basis
- areas of high parking demand
Vegetation on
sidewalks,
bicycle paths,
and other
improved
walkways
Vegetation is not allowed to
impede, or render
hazardous, the use of
sidewalks and pathways.
Complaint basis
- potentially higher rates of complaint at
intersections or areas with high foot traffic
Systematic basis
- places of higher visibility during routine
patrol of the City
- Technicians actively enforce along pre-
determined corridors throughout the City
Vegetation on
the roadway
Vegetation is not allowed to
protrude onto the roadway.
If it does, branches must be
13.5’ above the surface of
the road
Complaint basis
- potentially higher rates of complaint on
narrower streets or streets with blind
curves.
Systematic basis
- places of higher visibility during routine
patrol of the City
Sight Distance
on private
property
Property owners must
prevent vegetation or
structures from impeding
Same as above
and
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Regulation Description Equity Evaluation
sight distance at
intersections to include
driveways
- potentially higher rates of complaint on
narrower streets or streets with blind
curves.
2. Priorities.
Engineering Technicians provide counter services and inquires to customers as the Engineer
on Duty, review and issue street-opening permits, and review and issue encroachment
permits, in addition to investigating and processing ROW violations.
Right-of-Way violation enforcement cases have different levels of importance or urgency.
Some cases are investigated and resolved on the spot or within a week, while others take
up to a month or more until resolved.
ROW violation cases are prioritized and handled based on the following factors:
a. Public safety – Violations that pose an immediate threat to the public, e.g., road
obstruction, sign blockage, or significant impediment of visibility, have priority and are
addressed as soon as possible.
b. Worsening ROW violation vs. static ROW violation – Violation activities that are in
progress, e.g., landscapers are actively placing hedges or other materials in the ROW,
have priority over violation activities that are static.
c. Accessibility – violations that impede the travel or pose a danger to pedestrians,
including ADA violations, have priority.
d. Community values (aesthetics, mobility) – many ROW violations may be considered
“public nuisance” as defined LOC 34.08.400 1, e.g., storage of private property in the
public ROW, overgrown vegetation, or landscaping waste.
3. Outcomes.
Engineering department’s enforcement strategies do not always result in compliance. In
many cases, staff receive complaints for sight-distance obscurations or sidewalk
obstructions. Staff issue a correction letter highlighting the portion of vegetation causing
the issue. For example, there are numerous existing hedges that encroach or originate
(trunk and roots) on public ROW. LOC 42.18.1015(1)(f) expressly states that hedges are not
allowed in the ROW. The result may be that a portion of the hedge is trimmed back, but the
remaining hedge roots and trunk are not removed from the public ROW. Sometimes there is
some trimming, but staff know that these hedges will grow back, and action will be required
in future years to address the same problem.. However, staff does not systemically pursue
the removal of hedges in the ROW because of other priorities, the sheer number of
violations and resulting time to address each violation, and attendant property owner
objections (see Exhibit 1).
1 A public nuisance is: (1) Any condition or use of property which causes or tends to cause detriment or injury to
the public health, safety or welfare; or 2. Any condition specified in LOC §§ 34.10.500 to 34.12.600; or 3. Any
condition defined as a nuisance by any Lake Oswego Code provision. LOC 34.08.400
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4. Citations/Escalation.
At this time the only tool used by the Engineering department for encroachment, visibility,
and vegetation violations is a correction letter requesting voluntary compliance. Since July,
2024 about one in six voluntary correction requests have remained non-compliant. Of those
non-compliant properties, several include sight-distance violations and sidewalk
impediments or other hazards.
LOC Chapter 42 regulates ROW encroachment, sidewalk serviceability, as well as clear sight
triangle and sight distance.
a. Encroachments violations and sidewalk violations are specifically referred to as civil
violations and may be enforced pursuant to LOC Art 13.02 and LOC Art 34.04.
Additionally, public nuisances may be remediated by LOC Art. 34.08.
b. A clear sight triangle and sight distance violation may be defined as a public nuisance
and remediated by LOC Art. 34.08.
5. Private Action Liability.
Liability falls to the property owner in instances where a vehicle collision or pedestrian
injury is caused by a lack of maintenance or improper landscaping. However, this does not
prevent tort claims notices or civil actions being filed against the City as well as toward the
property owner thus also requiring staff engagement time and insurance defense to
address such claims.
CURRENT ROW ENFORCEMENT PRACTICES
To summarize, current enforcement practices include two approaches and actions:
1. Letter Only – Violation properties receive a letter requesting compliance. Non-
compliant properties are informed of their liability but no escalation action, e.g., citation
or public nuisance action is taken by City.
2. Public Works Remediation Action – On rare occasions, and if the safety concern is
significant, we may enlist Public Works staff to remedy the situation. Code allows City
staff to remove encroachments and problematic vegetation (see LOC 42.18.1045 and
42.08.440; LOC 34.08.400 - .435). Staff may dispatch public works workers to respond to
encroachments and problematic vegetation in cases of ROW violations going
unresolved.
• Pros: Swift resolution to ROW issues (for work within ROW), violations get resolved
exactly as requested
• Cons: Staff intensive, limited personnel available; survey may be needed to ascertain
ROW boundary, disapproval of property owners – hurting the aesthetic, visual
insulation, sound insulation of a property, if any work is needed on private property –
CAO recommends circuit court proceeding
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ROW ENFORCEMENT ALTERNATIVES
Staff has identified the following additional ROW enforcement strategies for consideration and
Council direction. Staff recommends implementation of one or more of the following
alternatives.
Alternative 1 – Compliance at Permit Stage. Encroachments occurring within the ROW
remedied at the time of re-development.2 Engineering staff participate in building permit
review and would check for site encroachments during issuance of structural and dwelling
permits.
• Pros: Impacts significant number of properties in a year, contributing to great volume of
ROW being cleared
• Cons: May impact properties with long standing hedges or landscaping, may require
revision to code2
Alternative 2 – Citation. Where ROW violations are not resolved through Letter Only, escalate
to issuance of citation where unresolved violation involves a dangerous intersection / public
safety issue or pedestrian accessibility issue.
• Pros: Greater compliance with City Code, problematic areas get resolved, citation
moneys earmarked for a vegetation management fund, to contract landscapers for
future problem areas, no changes in Code or Master Fees.
• Cons: Fiscal impact to citizens, additional staff time to manage citations, court
appearances if required
Alternative 3 – Enforcement Fee. Same as Alternative 2 – Citation, except an enforcement fee
is assessed before introducing a citation. This avoids having to go through the court process.
The Community Development Department uses the enforcement fees for civil violations for
violations of Chapter 34, 47, 50 and 55. If the violation is not remedied and the enforcement
fee paid, a citation is issued. The fee structure, managed via Accela (the City’s planning,
engineering, and buildings permitting system) is more efficient and a more cost-effective than
issuing a citation, but if the owner wishes to contest the violation and the enforcement fee,
they have the option of receiving the citation and making their argument before the municipal
court.
2 LOC 50.01.003.4 prohibits issuance of land use permits for violations of LOC Ch. 50. That section dose not extend
to non-LOC Ch. 50 code violations.
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Currently, no Engineering Code Violation Fee schedule exists in the Master Fees and Charges
Resolution. The Engineering Department has not issued citations and there is no code authority
for ROW vegetation and encroachment violation enforcement fees.
Action Required:
a. Enact enforcement fee for ROW civil violations.
b. Include Engineering Violation fee structure in the Master Fees and Charges Resolution.
• Pros: Greater compliance with City Code, problematic areas get resolved, fee moneys
earmarked for a vegetation management fund, to contract landscapers for future
problem areas, more efficient than the citation process, less staff time and more cost
effective
• Cons: Fiscal impact to citizens, additional staff time to manage, requires a change in
code and change in Master Fees and Charges
FISCAL IMPACT
The Engineering department currently employs one engineering technician utilizing about 0.16
FTE to pursue all ROW encroachments, vegetation complaints, and sight distance violations.
The average time spent on a single violation from complaint received, to final inspection is
about 1 hour.
Depending on the direction from Council, the amount of time and staff dedication to this effort
could be dramatically increased, possibly requiring more resources to complete the work.
RECCOMENDATION
Staff recommends the adoption of one or more of the above alternatives. As the City continues
to grow and become more connected, the efficient and effective utilization of public right-of-
way becomes increasingly important. Continued management of vegetation and ROW
encroachments and obstructions will lead to improved and greater accessibility to all users.
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Exhibit 1
Example of long-standing vegetation encroachment.
No requests for removal or trimming of the hedge have been made at 1224 Bayberry.
Consider 1224 Bayberry re-develops, would the City require removal the hedge encroachment
at time of construction?
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Exhibit 1 continued
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REFERENCES
American Association of State Highway and Transportation Officials. (2011). A Policy on
Geometric Design of Highways and Streets, 6th Edition.
https://store.transportation.org/item/collectiondetail/180
Architectural and Transportation Barriers Compliance Board – Public Right-of-Way Accessibility
Guidelines PROWAG. (August 8, 2023). Accessibility Guidelines for Pedestrian Facilities
in the Public Right-of-Way. Federal Register Vol. 88 no. 151. https://www.access-
board.gov/files/prowag/2023-16149.pdf
Civil Violation Code Enforcement Study Session dated June 18, 2024
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Home Occupation Code Update (LU 25-0002)
Meeting Date: April 1, 2025
Report Date: March 21, 2025
Staff Member: Michael McNamee, Associate Planner
Department: Community Development Department
Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded
☐Resolution ☒Not Applicable☐Information Only Comments: The Council provided direction to staff to
update regulations related to home occupations to
ensure that they are clear, objective, and enforceable
at their meeting on June 18, 2024.
☒Council Direction☐Consent Agenda
Staff Recommendation: Provide direction on which code concepts should be further refined
and/or presented to the Planning Commission to update the City’s home occupation
regulations.
Recommended Language for Motion: N/A
Project / Issue Relates To: Use-specific requirements in the Community Development Code
for home-based occupations.
Issue before Council (Highlight Policy Question): How to replace unclear zoning
requirements for home occupation businesses with clear and objective regulations that
support their unique needs.
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
ISSUE BEFORE COUNCIL
Provide direction to staff on which code concepts should be further refined and/or to be
presented to the Planning Commission to update the City’s home occupation regulations.
10.2
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EXECUTIVE SUMMARY
Based on Council direction, this project is intended to replace subjective language within the
use-specific requirements for home occupation businesses with objective, measurable text that
can be easily understood by home occupation business applicants and neighbors. The updated
home occupation regulations must also be able to be effectively enforced and consistently
applied by Planning and Code Enforcement staff.
BACKGROUND
Home occupations are a type of business conducted from a residential dwelling unit. This is
distinct from an employee of a business headquartered offsite who works from home.
Examples include professionals who see clients in their homes, e.g., psychologists or attorneys,
artisans and craft persons who manufacture and distribute art and goods, and home daycares1.
As defined in the Community Development Code (LOC Chapter 50), a home occupation has to
be secondary to the use of a dwelling for dwelling purposes (LOC 50.10.003.2).
Use-specific standards apply to home occupations, which can be found in the Accessory
Structures and Uses section of the CDC (LOC 50.03.004.1.b). Subcriterion (1) uses language that
is neither clear nor objective:
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, psilocybin service centers, and psilocybin production are
prohibited.
(7) Short-term rentals shall meet the following additional standards:
1 Home daycares are distinguished from day care centers and certified or registered family child care homes, which
are themselves, respectively, conditional and out-right permitted uses in residential zones. LOC Table 50.03.002-1.
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(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.
“Altering the residential character of a neighborhood” or “infringing upon the rights of
residents in the vicinity to the peaceful enjoyment of the neighborhood” are standards that are
difficult to measure before the business has commenced operation. This language makes it
difficult for home occupation applicants, neighbors, the general public, and staff to understand
and enforce the limitations of a home occupation. The purpose of this project is to replace
Subcriterion (1), above, with new code language that distills the concepts of “residential
character” and “peaceful enjoyment of the neighborhood” into measurable, objective
standards that provide a clear path for approval and ongoing compliance for home occupations.
Staff discussed this idea with the City Council at their meeting on June 18, 2024 as part of a
general update on civil violation code enforcement. The Council expressed support and
directed staff to study how to replace Subcriterion (1) with clear and objective code language.
The Planning Commission held its first work session on this project at its meeting on January 27,
2025. The Commission provided staff with initial feedback on a range of potential new code
concepts to replace Subcriterion (1), which has been incorporated into the refined code
concepts in the discussion section below.
Staff then developed a survey for residents with active home-based occupations to rank their
understanding of and ability to comply with the City’s existing requirements, and to get a sense
of how potential new code concepts could impact their business (Attachment 1). On February
26, the survey was sent to the 558 business licensees who had an active home-based business
in the city and an email address on file. The survey was open for three weeks, and was closed
on March 19. At its close, 157 people responded, which is a roughly 28 percent response rate.
The survey had four sections:
Section 1 – Background Information: Asked for information about the business owned
by the respondent, including the type of business, how many nonpersonal vehicles
associated with the business are parked at home, and how much money is saved by
operating the business at home, if any.
Section 2 - Existing Requirements: Asked respondents to rank their understanding of
existing zoning requirements for home occupations, as well as their ability to comply
with those requirements. If complying with the requirement was identified as a burden
to the business, respondents were asked to explain why.
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Section 3 – Potential Concepts: Asked respondents about seven potential concepts to
replace Subcriterion (1) of the existing zoning regulations. As in Section 2, respondents
were asked to rank their level of understanding and theoretical ability to comply with
the potential replacements. Respondents were also given the ability to explain why any
of the concepts might be a burden to their business.
Section 4 – Feedback: A feedback form was provided for general comments.
As of the date of this report, staff has not yet fully processed the results of the survey as it has
only been closed for two days. Staff will summarize the results of the survey during the study
session on April 1 and at a Planning Commission work session tentatively scheduled for April 14.
DISCUSSION
Home Occupation Regulation Concepts
Subcriterion (1) articulates a goal of retaining neighborhood character and peaceful enjoyment
of the neighborhood by those living in close proximity to a home occupation. Staff explored
several different ways of achieving this regulatory goal through requirements that are objective
and measurable, which were based on existing code enforcement practices and refined by a
work session with the Planning Commission. Seven potential new code concepts were included
in the survey sent to home occupation business license holders.
1. A limit on the number of clients who can be on site at once. Not all home occupation
uses involve client visits, but when they do, they could potentially have an impact on the
quiet enjoyment of residential neighborhoods or neighborhood character. A common
complaint about home occupations, especially in neighborhoods that are primarily
residential, is that they produce more traffic and noise than would result from
residential use only.
It is common practice in peer jurisdictions to have some limitation on client visits.
Originally, Planning staff considered the concept of imposing a limit on the number of
clients who could visit a home occupation over a certain time period or during certain
times of day. Based on feedback from Code Enforcement staff, the concept was changed
to a limit on the number of clients who can gather at one time because this would likely
be easier to enforce and addresses concerns around large classes or other gatherings
that may generate excessive noise and traffic.
2. A limit on the number of nonpersonal vehicles parked on site. Some home occupation
businesses have commercial or fleet vehicles associated with them. An excessive
number of commercial vehicles concentrated on one site could potentially impact
neighborhood character as well as the availability of parking in the area – which is
another common concern voiced by neighbors about home occupations. One of the
questions on the survey asked about the number of nonpersonal vehicles the
respondent parked at their home, if any. Most respondents do not park any
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nonpersonal vehicles at home, but of the ones that do, most say they have one or two.
In the past, Code Enforcement has encountered outlier cases where a home occupation
business has three or more nonpersonal vehicles were parked at the home.
3. Limiting outdoor activities associated with a home occupation. Outdoor activities
associated with a home occupation business may produce a disproportionately large
amount of noise for residential areas, especially when the activity is repeated on a
regular basis (as is generally expected of an ongoing business).
While the idea of an outright ban on outdoor activity was initially explored, staff
received feedback from the Planning Commission and Neighborhood Chairs Committee
that such a ban could be overly-restrictive for home occupations. Staff is now
considering a code concept that would ban outdoor home occupation business activity
during certain times of the day. The idea is to limit noise when residents may expect the
neighborhood to be quiet, and to permit outdoor activity associated with home
occupations to occur during the day.
Another code concept that could address this concern could would be to place
limitations on the physical size of outdoor activities associated with a home occupation,
to limit their potential visual impact on the surrounding area.
4. Restricting amplified sound. Noise is a common complaint as it relates to home
occupation businesses, particularly noise produced by amplified speakers to play music
or make announcements. While it may be expected that a neighbor could occasionally
throw a party and/or play music outside, it is not generally within the bounds of
residential neighborhood character to have residential use that has repeated, ongoing,
regular use of amplified sound. This concept would restrict amplified sound for home
occupation businesses, potentially by prohibiting the use of electric-powered speakers
associated with home occupations.
Alternately, this concept could only limit speakers that are capable of playing sound
above a certain level, to provide some flexibility to play music or other sounds at softer
volumes that might not have as large of an impact on neighboring properties. More
research would be needed to determine an appropriate power (e.g. Wattage or decibel)
level.
5. Placing additional restrictions on flag lots. In general, flag lots abut a higher number of
properties than other lots, and they typically abut the backyards of neighboring
property. This adjacency to surrounding properties can increase others’ exposure to
activity that takes place outside on a flag lot. Additionally, as flag lots are accessed via
an access lane that is often shared with neighboring properties, having a large number
of clients regularly visiting at once has the potential to create issues with parking and
access to neighboring properties – particularly if clients use the access lane as parking.
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The City could address this by placing more restrictive or additional limitations on home
occupations located on flag lots.
6. Restricting the size of delivery trucks. Code Enforcement staff indicated that deliveries
from large trucks can occasionally cause issues when they deliver to home occupation
businesses in residential neighborhoods. In particular, these large trucks may need to
park in the middle of the street, thereby creating a traffic hazard or temporarily blocking
access to adjacent properties.
To address this, staff initially considered concepts that would limit deliveries from large
trucks to a home occupation. However, preliminary survey feedback indicates that the
delivery of appliances and furniture using larger trucks can be relatively routine activity
and may not be out of character within a residential neighborhood. This concept has
since been refined to target the restriction of tractor-trailers. Such a restriction would
still permit deliveries from box trucks, which are more compatible with neighborhood
streets and, as survey respondents point out, are relatively common in residential
neighborhoods.
7. Restricting hazardous substances. This concept, suggested by Code Enforcement staff,
would add a restriction on hazardous substances to the home occupation regulations.
Among peer cities, it is common to ban or restrict the use of hazardous substances. This
concept would reference the definition of hazardous materials already in LOC
50.10.003.2, which in turn refers to the definition provided in state law (ORS 435.005):
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.
Potential Uses to Prohibit Being Classified as Home Occupations
In doing research and public outreach for this project, staff has identified two agricultural uses
that may be more appropriate to regulate separately from other home occupations:
• Farm stands are currently allowed in some nonresidential zones and are defined as a
temporary or permanent structure used for the sale of fresh produce and seasonal items,
including flowers, holiday trees, and wreaths. (LOC 50.10.003.2)
• Wineries are not expressly defined in the code. This use typically involves rows of grape
vines on a site, along with areas for serving customers wine and other food or
beverages, either indoors or outside.
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While these uses can be appropriate in residential zones under certain circumstances, they may
also produce more impacts on surrounding residential character than other types of home
occupations. For instance, farm stands and wineries may take up more space outside, require
later operating hours, or attract more customers than a residence or even a typical home
occupation. As such, it may not be appropriate to classify these uses as home occupations.
One potential way to address this issue would be to allow farm stands and wineries within
certain residential zones as either an outright permitted use or as a conditional use. Additional
use-specific standards could be added to LOC 50.03.003, as necessary. (In order to minimize the
impact of this potential change on existing businesses, staff recommends that any existing
home-based farm stands or wineries be provided with a concurrent path to seek outright or
conditional use approval along with any such code amendments.)
Staff is seeking direction from Council regarding whether to explore additional regulations
specific to home-based farm stands and wineries as a part of the larger effort to update the
use-specific standards for home occupations.
RECOMMENDATION
Staff recommends that the Council provide direction on which code concepts should be further
refined and/or to be presented to the Planning Commission to update the City’s regulations for
home occupations.
ATTACHMENT
1. Copy of Survey sent to Home Occupation License Holders, 2/26/2025
Home Occupation Survey
The City of Lake Oswego has long allowed residents to operate a business out of their home, depending on the type of
business activity and how the business is operated. Such businesses conducted from a residential dwelling unit are
commonly referred to as home occupations. This is distinct from an employee of a business headquartered offsite
who works from home.
The City is currently exploring updating its zoning regulations for home occupations, as certain current standards are
difficult to enforce because they use subjective language. In particular, the focus of this code update is to replace one
of the standards for home occupations (LOC 50.03.004.1.b.ii), which reads:
The [home occupation] 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. (LOC 50.03.004.1.b.ii(1))
Though the idea may seem reasonable, in practice, concepts such as “residential character” and “peaceful enjoyment”
of the neighborhood lack clarity and are not measurable. As a result, home occupation applicants, the public, and Code
Enforcement staff are unsure specifically what home occupation businesses can or cannot do.
The purpose of this project is to replace this standard (LOC 50.03.004.1.b.ii(1)) with new code language that distills the
concepts of neighborhood character and peaceful enjoyment of the neighborhood into measurable, objective
standards that provide a clear path for compliance and enforcement.
This survey is intended for current and past holders of home occupation licenses in Lake Oswego. The questions in
this survey will ask you about your business, how easy you find the existing regulations to understand and comply with,
and whether you would be able to understand and comply with any of the proposed replacement regulations. Your
feedback is invaluable in shaping updated standards, and we sincerely appreciate your time and participation!
This survey should take less than 15 minutes to complete.
These questions are intended to provide context to answers you provide in the next sections. Answering is optional.
This poll is anonymous and your answers will not be used for enforcement purposes or to identify you.
Answering honestly will help the City determine reasonable restrictions for home occupations by allowing us to
understand existing conditions.
1.1 – Do you have a home occupation business license in Lake Oswego?
Section 1 – Background Info
Yes
No
I did in the past but not now
I haven’t had one, but I’m interested in getting one in the future
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ATTACHMENT 1
1.2 – What kind of business do you operate?
1.3 – Are/would there be nonpersonal vehicles associated with your business parked at your home?
1.4 – Does/would operating your business from home save you money compared to operating elsewhere?
Lake Oswego currently has a number of special use standards that apply to home occupation businesses. Answering
the questions below will help the City establish a baseline for how easy the existing requirements are to understand
and comply with. The selected standards below are taken directly from the use-specific standards for home
occupations within the Lake Oswego Code (50.03.004.1.b.ii).
RATING SCALE
Strongly Disagree – Disagree – Unsure – Agree – Strongly Agree
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2.1 – 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. (LOC 50.03.004.1.b.ii(1))
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
Yes
No
Yes
No
Unsure
Section 2 – Existing Requirements
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2.2 – 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. (LOC 50.03.004.1.b.ii(3))
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
2.3 – No outside storage of goods or materials other than vegetation. (LOC 50.03.004.1.b.ii(4))
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
2.4 – 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. (LOC 50.03.004.1.b.ii(5))
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
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If there is or would be a burden on your business, please explain:
The City would like to replace the following language within the existing use-specific standards for home occupations:
The [home occupation] 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. (LOC 50.03.004.1.b.ii(1))
The above standard is vague and has proven to be difficult to enforce. The City’s goal is to replace this language with
new standards that capture the ideas of not altering the residential character of a neighborhood nor infringing on a
neighbor’s peaceful enjoyment of the neighborhood in ways that are more clear, objective, and measurable.
The City is interested in your thoughts for how to replace this standard. Please provide your feedback on a
few different ideas for new standards, below. Responses from this survey will be used to develop code
amendments that will eventually be proposed to the Planning Commission and City Council.
Please keep in mind that the questions below are intended to represent higher-level code concepts. More specific code
language will be refined based on input from the public, the Planning Commission, and City Council, prior to a public
hearing tentatively scheduled for May 28, 2025.
3.1 – Add new limits on the number of people permitted on site at once. For example, a regulation that only 5 clients
are permitted at one time.
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
3.2 – Add new limitations on the size of outdoor activities associated with a home occupation. For example, a
regulation limiting the amount of square footage that home business activities can occupy outside.
I understand what actions I would need to take for my business to comply with this standard.*
Section 3 – Potential Replacements
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Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
3.3 – Add new limitations on the time of day when outdoor activities associated with a home occupation can occur. For
example, a regulation that outdoor activities associated with a home occupation cannot occur between 6pm and 7am.
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
3.4 – Add new limitations on amplified sound and music. For example, a regulation that electric-powered speakers
are banned in association with a home occupation.
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
3.5 – Add new limitations on the number of nonpersonal vehicles associated with the home occupation that can be
parked outside the home. For example, a regulation that only 1 nonpersonal or commercial vehicle associated with the
home occupation is permitted to be parked outside the home.
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I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
3.6 – Add new limitations on the hazardous materials associated with the home occupation. For example, a regulation
saying that certain hazardous materials are not permitted or limited to a certain amount that can be stored on site.
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
3.7 – Add new limitations on flag lots. For example, regulations that would ban outdoor activity or further limit the
number of clients permitted in association with a home occupation on a flag lot.
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
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NA
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NA
3/19/25, 1:32 PM New Submission
https://www.ci.oswego.or.us/formslf/PHOS 6/7
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3.8 – Add new limitations on delivery vehicles. For example, a regulation saying deliveries to the home occupation
cannot occur if the delivery vehicle would be a large semi-truck.
I understand what actions I would need to take for my business to comply with this standard.*
Complying with this requirement is or would be a burden on my business.*
If there is or would be a burden on your business, please explain:
4.1 – Do you have any general feedback on this project?
Submit Save as Draft
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Section 4 – Feedback Form
3/19/25, 1:32 PM New Submission
https://www.ci.oswego.or.us/formslf/PHOS 7/7
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