HomeMy WebLinkAboutAgenda Item - 2025-04-15 - Number 09.1 - Ordinance 2959, Annual Code Amendments (LU 24-0029) 9.1
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Subject: Ordinance 2959 (LU 24-0029), 2024- 2025 Annual CDC Code Amendments
Meeting Date: April 15, 2025 Staff Member: Evan Fransted, AICP, Senior Planner
Report Date: April 1, 2025 Department: Community Development Department
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑X Planning Commission Recommends Approval
❑X Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Conduct a legislative land use public hearing and tentatively approve
Ordinance 2959 (LU 24-0029), amending the Community Development Code (CDC) (LOC
Chapter 50).
Recommended Language for Motion: Move to tentatively approve Ordinance 2959 and
direct staff to return on May 6, 2025, with a final version of the ordinance, including findings
and conclusions for LU 24-0029.
Issue before Council (Highlight Policy Question): Annual code amendments to clarify and
refine LOC Chapter 50.
❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable
ISSUE BEFORE COUNCIL
Should all of the 2024 -2025 Annual Community Development Code (CDC) amendments
proposed in Ordinance 2959 be enacted?
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EXECUTIVE SUMMARY
The proposed amendments to the CDC are part of the City's continuous process improvement
efforts to ensure the regulations are consistent with the Comprehensive Plan, effectively
implement City Council goals and policies, and reflect best practices in contemporary urban
planning. The amendments are also intended to correct errors, eliminate ambiguities and
redundancies in the text, and clarify code language.
BACKGROUND
The Planning Commission (Commission) reviewed the proposed amendments (Ordinance 2959)
over two work sessions on November 13, 2024, and January 13, 2025. The Commission held a
public hearing on March 10, 2025, and tentatively approved (6-0) the amendments as
proposed, recommending Option 2 for Policy Item #7 (See Discussion Item #2, below). The
Commission formally recommends (4-0-0) approval of Ordinance 2959 as reflected in the
Findings, Conclusion, and Order adopted on March 24, 2025 (Exhibit B-1).
The proposed code text, along with explanations for each amendment and supplemental
Commission findings, is presented in Attachment 2 to Exhibit B-1. The proposed code text
without commentary is contained in Attachment 2 to Ordinance 2959 (Exhibit A-1.1).
DISCUSSION
The amendments will clarify and update various provisions as summarized in the table, below.
Compliance with Comprehensive Plan Policies and other applicable criteria are discussed in the
Commission hearing staff report, Exhibit D-2. One public comment was received from the Fair
Housing Council of Oregon (Exhibit G-1). The commenter expressed concerns prior to the
Commission hearing regarding the staff report not addressing Statewide Planning Goal 10:
Housing, but did not submit written comments until after the 12 p.m. deadline on the day of
the hearing. The issue was discussed at the hearing, see minutes (Exhibit C-1). The written
comment is now submitted into the record as part of this hearing as Exhibit G-1. The
Commission's findings (Exhibit B-1) address this comment in detail on pages 3-4, finding no
impact on housing development opportunities.
There were two items from last year's (2023-2024) Annual Community Development Code
amendments that Council directed staff to research as part of this year's amendments.
1. Should Middle Housing Land Division (MHLD) cottage cluster courtyards or
parking be required to be in a separate tract or should they be allowed to be in a
tract or an easement over the lot(s)?
At the January 13, 2025 Commission work session, staff included a summary of
comments received from the development community, consultants, and others with
experience on this issue to get their opinion, and presented the advantages and
disadvantages of requiring a tract or allowing either a tract or easement. All developers
that responded preferred the option of either a tract or easement, as is currently
allowed.
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Staff decided, with the Commission's concurrence, that the best course of action was to
leave the current code as-is to allow the most flexibility. Accordingly, staff withdrew a
possible code amendment to require tracts for cottage cluster courtyards or parking in a
MHLD from this application [see Planning Commission Staff Report (Exhibit D-2, pg. 4)].
2. Policy Item #7 - definition of"detached."
During last year's amendments, the Council approved an amendment to clarify the
definitions of duplex, triplex, and quadplex to assure that the units are physically
attached along common walls (a minimum 25% shared walls was approved). During the
hearing, some Councilors opined that the definition of "detached" was confusing, and
suggested staff research the definition to see if it should be further refined. Staff found
that with the definitions of each specific housing type approved last year, the general
definition of"detached" now only applies to accessory structures, not between housing
units.
Staff presented two options to the Commission:
• Option 1: Delete the definition of"detached" and amend the definition of
"accessory structure" to prohibit structural connection to the primary structure, or;
• Option 2: Clarify that "detached" would only apply to "accessory structures."
The Commission discussed [see Planning Commission Findings (Exhibit B-1, pg. 5)] why
the accessory structure was not required to be more than 3-feet away from another
structure to provide meaningful separation, as was the intent of the standard when
created. It was noted that—while a 3-foot separation would remain with Option #2 -the
purpose was not to increase the separation distance, as that would make development
less flexible for constrained sites. Staff noted that one proposal currently before the
State Legislature is to allow all middle housing units to be either attached or detached,
which would not affect accessory structures.
The Commission unanimously recommends Option #2 because it limits "detached" to
only accessory structures and does not make significant changes that might require
future code amendments as a result of actions taken under the current legislative
session.
CODE MAINTENANCE ITEMS(LOC Chapters 50.01,50.03-50.11)
ITEM TITLE CODE SECTIONS)
1. Clarify that only roof height may be raised 6 feet, not wall height, LOC 50.01.006.3.a.iv.
for nonconforming structures.
2. Amend Use Table [LOC Table 50.03.003-2] to specifically list retail LOC Table 50.03.003-2
sales in the IP zone subarea as permitted instead of listing only
Conditional Uses.
3. Remove incorrect "lot coverage" and "coverage" references from LOC 50.04.003.8.a.
the exceptions for building projections.
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4. Clarify that the 10 ft. parking separation buffer requirement in LOC 50.05.007.6.e.viii(5)
Lake Grove Village Center Overlay(LGVC) only applies to surface
parking lots and not parking located within a building.
5. Clarify that the Building Design standards apply to residential LOC 50.06.001.1 and .2
development in high density zones and add the R-0, R-2, and R-3
zones to Table 50.06.001-1: Building Design Standards
Applicability.
6. Remove access spacing requirements that were already moved to LOC 50.06.003.1.d.vi
Chapter 42 as part of a previous non-CDC amendment.
7. Remove reference to "private street" and replace with "street" LOC 50.06.003.2.a
and add "access lane".
8. For corner lots, reference required access spacing and sight LOC 50.06.003.2.b.i(1)
distance requirements in LOC 42.03.130(4).
9. Clarify that single-family dwellings and middle housing in the LOC 50.07.003.13.a.ii(2) &
DRDD, LGVC, and WLG overlays do not qualify as ministerial LOC 50.07.003.14.a.ii(14)
development and the minor development process applies.Also,
remove redundant minor development item for Residential Infill
Design (RID)variances in R-DD zone, DRDD and LGVC overlays.
10. Clarify which "non-residential" development qualifies for LOC 50.07.003.13.a.ii(3)
ministerial development review by correcting an erroneous
reference in Subsection 13.a.ii.
11. Clarify that the Type II tree removal & mitigation standards [LOC LOC 50.07.003.14.d.ii(3)
55.02.080] are applicable to minor and major development LOC 50.07.003.15.d.ii(1)(d)
permits, but not the tree protection standards.
12. Clarify that if a resource designation is being modified under the LOC 50.07.003.14.d.ii(19)
Map Correction criteria of LOC 50.07.004.8.b, then the application and LOC 50.07.004.8.a.ii
shall be processed as a minor development.
13. Clarify that a building cannot cantilever into the required 5-foot LOC 50.07.007.2.f.i
landscape buffer along an access lane of a flag lot and that the
exception to yard setbacks permitted per LOC 50.04.003.8.a for 2
ft. building eaves does not apply.
14. Revise Enforcement and Penalties to strengthen and clarify what LOC 50.09.001.1;
constitutes a violation by inserting additional text to state the LOC 50.09.003.1
violations are also civil violations, as defined by LOC 34.04.105,
and enforceable pursuant to LOC Article 34.04.
15. Clarify in the definition of a flag lot that the majority (>50%) of the LOC 50.10.003.2
building envelope must be located behind another lot to meet the
definition of"Flag Lot."
16. Revise the Native Plant List to classify Snowberry and Douglas LOC 50.11.004
Spiraea as shrubs.
CODE POLICY ITEMS& DISCUSSION (LOC Chapters 50.01, 50.03,50.06, 50.7, 50.8 and 50.10)
1. For nonconforming dwellings, if a proposed addition or remodel LOC 50.01.006.2.b—
increases floor area by 50%or more,full conformance with
current zone dimensional and design standards is required or the
applicant may choose demolition.This amendment would add an
exception for nonconforming historic landmark dwellings.
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2. This amendment adds back the pre-2014 code text of"destroyed LOC 50.01.006.4.b
by any means"to expand the cause of destruction beyond
"damaged"for reconstruction of nonconforming commercial,
industrial, or multi-family structures(< 50%valuation of the
existing structure).
3. This amendment increases the maximum height of an accessory LOC 50.03.004.2.b.i
structure from 10 feet to 12 feet to qualify for a reduction of side
or rear yard setbacks to better align with the typical height of pre-
fabricated accessory structures in order to reduce the number of
violations.
4. Clarify which commercial building design standards apply to LOC 50.06.001.5
accessory structures that may not be perceived as traditional
"buildings" such as free-standing canopies, picnic shelters, or
other similar accessory structures.
5. Clarify the standards that are not applicable to a Middle Housing Multiple Sections—LOC
Land Division (MHLD). 50.06.003.2; 50.06.003.3;
50.06.003.4; 50.06.003.5;
50.06.004.1; 50.06.005;
50.06.006.1; and
50.06.006.2
6. Permit minor variances to reduce required yard setbacks to locate LOC 50.08
a generator.
7. Amends the definition of"detached"to apply only to accessory LOC 50.10.003.2
structures.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
Staff recommends that the City Council tentatively approve LU 24-0029 as recommended by
the Planning Commission, and direct staff to prepare a final version of Ordinance 2959,
including findings and conclusions, for adoption May 6, 2025.
EXHIBITS
A. Draft Ordinances
A-1.1 Draft Ordinance 2959, 03/26/25
Attachment 1: Reserved for City Council Findings (not included)
Attachment 2: Code Text Amendments without Commentary, 03/25/25
(supersedes version dated 02/24/25)
B. Findings, Conclusions and Order
B-1 Planning Commission Findings, Conclusions, and Order, 03/24/25, includes
Attachment 2 of Ordinance 2959: Code Text Amendments with Commentary,
02/24/25
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C. Minutes
C-1 Planning Commission Public Hearing Draft Minutes 03/10/25
D. Staff Memos & Reports
D-1 Planning Commission Staff Memo, 01/02/25, Work Session #2
D-2 Planning Commission Staff Report, 02/28/25
E. Graphics/Plans [No current exhibits]
F. Written Materials [No current exhibits]
G. Public Testimony
G-1 Letter from Fair Housing Council of Oregon, 03/10/25
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EXHIBIT A-1
ORDINANCE 2959
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50
(COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF CLARIFYING AND UPDATING
VARIOUS PROVISIONS (2024); AND, ADOPTING FINDINGS (LU 24-0029).
WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the
manner required by law; and
WHEREAS, a public hearing before the Planning Commission was held on March 10, 2025, at
which the staff report, testimony, and evidence were received and considered; and
WHEREAS,the Planning Commission has recommended that LU 24-0029 be approved by the City
Council; and
WHEREAS, a public hearing on LU 24-0029 was held before the City Council of the City of Lake
Oswego on April 15, 2025, at which the staff report, testimony, and evidence were received and
considered; and
WHEREAS, these amendments to the Lake Oswego Code, Chapter 50 (Community Development
Code) are intended to remove ambiguous and conflicting language, correct the text, and add
clarifying text that is consistent with past interpretations;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 24-0029), attached
as Attachment 1.
Section 2. The Lake Oswego Code, Chapter 50 (Community Development Code) is hereby
amended by deleting the text shown by strikcthrough type and adding new text shown in
underlined type, in Attachment 2. (Sections or subsections within LOC Chapter 50 that are
omitted in Attachment 2, and not marked for deletion or addition, are neither amended nor
deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
///
Ordinance 2959 EXHIBIT A-1.1/PAGE 1 OF 2
Section 4. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter,
this ordinance shall take effect on the thirtieth day following enactment.
Enacted at the meeting of the City Council of the City of Lake Oswego held on the 15th day of
April, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
Joseph M. Buck, Mayor
Dated:
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2959 EXHIBIT A-1.1/PAGE 2 OF 2
ATTACHMENT 2
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.01.006.2.b Demolition or Alteration of a Nonconforming Dwelling
b. Demolition or Alteration of a Nonconforming Dwelling. In a residential zone, an existing
nonconforming residential dwelling shall be removed or brought into conformance with this Code
upon:
i. Demolition of the dwelling under LOC§45.12.100.1.d, except where demolition results from the
Building Official ordering the reconstruction of a wall under subsection 2.c of this section
because it is unsafe; or
ii.An increase in floor area of the dwelling by 50%or more where the total floor area of the
dwelling after the addition exceeds 90%of maximum allowed floor area, except as provided in
subsection 3 of this section.
EXCEPTIONS:
(a) This provision does not apply to a dwelling on the City Historic Landmark Designation List.
(b) In calculating whether the increase in floor area of the dwelling is 50%or more, new floor area
resulting from conversion of existing unfinished and enclosed space within the structure is
excluded, provided the conversion does not expand the building or increase roof height
(including dormers).
///
LOC 50.01.006.3.a. Nonconforming Structures
LOC 50.01.006.3.a.iv.
iv. For residential structures, a change in roof pitch on a nonconforming portion of the structure
may be permitted if the roof height is not increased by more than six ft. above, attached to the
existing wall top plate,and does not exceed the base zone height.
MAXIMUM 6
CHANGE TO FT
� ROOF HEIGHT
Niiir
TOP PLATE
WALL PLATE HEIGHT
CANNOT BE RAISED
Figure 50.01.006-A: Nonconforming Roof Pitch Change
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 1 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.01.006.4.b.ii Ability to Construct or Reconstruct Nonconforming
Structure.
(1) Damage or Destruction to Nonconforming Structures of Less than 50%of the Structure
Replacement Cost. If a nonconforming structure is damaged or destroyed by any means from
any cause to the extent that the cost of rebuilding the damaged portions is less than 50%of the
current replacement cost of the entire building,the rebuilding may be reconstructed to the
extent that it was nonconforming, except that no portion of the structure shall be reconstructed
in the flood management area.
///
LOC Table 50.03.003-2
Use Category Use Type IP
Retail < 10,000 sq. ft. gross floor area 11)/C [5]
Retail Sales Retail >_ 10,000 and < 20,000 sq.ft. gross floor area 11)/C [5]
Retail >_ 20,000 sq. ft. gross floor area P [5]
///
LOC 50.03.004.2.b Reduction of Side or Rear Yard Setbacks for Accessory
Structures
i. Regular Lot. On a nonflag lot, a rear yard setback may be reduced to three ft. and a side yard
setback may be reduced to five ft. for an accessory structure in a residential zone if the structure
complies with the following criteria:
(1) The accessory structure is erected more than 40 ft.from any street. For the purposes of this
subsection, an alley shall not be considered a street.The side and rear setbacks for a
detached garage obtaining access from an alley may be reduced to three ft. or to the degree
the garage maintains access that provides an outside front wheel turning radius of at least 25
ft., whichever is greater.
(2) For an accessory structure greater than four ft. in height,the accessory structure is detached
from other buildings by three ft. or more.
(3) The accessory structure does not exceed a height of t12 ft. nor an area of 600 sq.ft.
footprint.
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 2 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.04.003.8 General Exceptions for Building Projections, Decks, and
Walkways and Pathways to Setbacks.
a. Projections from Buildings. Cornices, eaves,gutters, bay windows located on the ground floor
(but not more than six ft.wide, with a maximum of two bay windows per building elevation),
decorative metal balconies (but not more than six ft. in length), flower boxes, belt courses,
leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may
project not more than two ft. into a required yard (as adjusted by LOC§ 50.04.003.3.a)or into
required open space as established by lot coverage standards. Canopies, sunshades, chimneys,
and flues may project not more than two ft. into a required yard or into required open space as
established by coverage standards, but in no event may the projection be within five ft. of a side
lot line.
///
LOC 50.05.007.6.e.viii LGVC Parking Areas
(5) Surface Parking Facility Edge Requirements
(a) Surface P-parking facilities shall be separated from a driveway, sidewalk, or pathway by a
minimum five-ft.-wide landscaped area.Within this area, shade trees shall be planted every 30
ft. Low sitting walls, benches and other pedestrian amenities oriented to sidewalks or pathways
may be provided in the landscaped area.
(b) Surface i-parking facilities shall be separated from the exterior wall of a structure by a
minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip.
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 3 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.06.001.1 Building Design Applicability
1. Applicability.
This section is applicable as follows:
TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY
/A/=Applicable/blank/= Not Applicable
Additional
Base District R-15 R-10 R-7.5 R-6 R-5 R-3 R-2 R-0
Standards
Structure Design
—Residential § 50.05.006,
A A A A A [1] A [11 A [11 A [11 Old Town
Zones Neighborho
50.06.001.2 od Design
Garage A A A A A A [11 A [11 A [11 § 50.05.006,
Appearance and Old Town
Location Neighborhoo
50.06.001.4 d Design
Zone Additional A
Standards
50.06.001.3(R-6)
Commercial, A [2][3]
Industrial, and
Multi-Family Not
Located in FMU
Zone Standards
for Approval
50.06.001.5
Development A [4]
Located in FMU
Zone Standards
for Approval
50.06.001.6
Notes:
[1] Structure design sStandards only apply to detached single-family dwellings and middle housing, and
structures that are accessory to these development types(sec LOC § 50.06.001.2.a).
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LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 4 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.06.001.2 Structure Design — Residential Zones.
a.Applicability.
I. In the R 0, R 2, R 3, and R 5 zones,this subsection applies only to the following types of
development:
( ) Detached single family dwellings;
( ) Middle housing; and
( ) Structures that are accessory to these development types listed above.
its i.This subsection is applicable to all structures in any other base residential districts, except R-W
and R-DD or otherwise noted in Table 50.06.001-1.
iii,ii. Conversions of single-family dwellings that result in the creation of middle housing and are
not classified as an expansion or addition are exempted from the standards of this subsection;
provided,that the conversion does not increase nonconformance with applicable standards.
iy7 iii. For additions to single-family dwellings that result in the creation of middle housing,this
subsection 2.a shall apply only to the newly added and any replaced portion(s) of the structure.
Existing nonconforming portions of the structure to remain in place are exempted from the
standards of this subsection.
III
LOC 50.06.001.5.b Design Standards
///
iii. Design accessory structures bus shelters, drinking fountains, benches, mailboxes, etc., to be
complementary in appearance to the main buildings.
///
LOC 50.06.003.1.d Standards for Access Lanes
HI
vi. All new or modified driveways shall follow access spacing as shown in Table 50.06.003 2, Access
operational or safety conflict.
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 5 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
Function-.I CI-.«ification Minimum -Sp cing(ft )
Major Arterial 300
Minor Arterial 200
Major Collector 150
Neighborhood Collector 4-00
Local Residential Street 5-0
Local Commercial/Industrial Strcct 5-0
///
LOC 50.06.003.2 On-Site Circulation — Driveways and Fire Access Roads.
a. Applicability.This section is applicable to all development proposing a new use or an increased
use on a site when the development will result in the construction of or the increased use of
private streets, access lanes. driveways, or parking lot aisles. Increased use shall be defined as an
increase in trip generation or parking requirement.
EXCEPTION:This provision does not apply to a middle housing land division (ORS 92.031).
///
LOC 50.06.003.2.b.i Driveway Approaches — Locational Limitations and
Restrictions
(1) On corner lots where the adjacent streets are fully improved to their anticipated ultimate
width,the nearest edge of a proposed driveway to the intersection shall be no closer than
30 ft. when measured from the projected curb of the street that is the most parallel to the
alignment of the proposed driveway and in accordance with the access spacing and sight
distance requirements in LOC 42.03.130(4).
///
LOC 50.06.003.3 On-Site Circulation — Bikeways, Walkways, and Accessways
a. Applicability.This section is applicable to all subdivisions(except middle housing land divisions
(ORS 92.031)and to all minor and major development involving the construction of a new
structure other than a detached single-family dwelling, middle housing dwelling, or accessory
structures.This section is also applicable to modifications which increase the square footage of
commercial, industrial, public use or institutional buildings by more than ten percent. For the
purposes of this section, an "existing building" is a building as it exists on February 19, 1998.
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 6 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.06.003.4 Street Connectivity
a. Applicability.This section is applicable to:
i. Any development that results in the construction of a street; or
ii. A land division (except middle housing land divisions (ORS 92.031)that:
(1) Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or
(2)Abuts a parcel upon which there is a street that has been "stubbed" to the proposed
development site.
///
LOC 50.06.003.5 Transit System
a. Applicability.This standard is applicable to all new subdivisions, planned developments, multi-
family residential developments, and new commercial, institutional and industrial
developments, and major public facility structures located on a transit street or within one-
quarter mile of a transit street.
EXCEPTION:This provision does not apply to a middle housing land division(ORS 92.031).
///
LOC 50.06.004.1 Landscaping, Screening, and Buffering
a. Applicability.
i. Except as provided in subsection 1.a.ii of this section,this section is applicable to:
(1)All major development;
(2) Multi-family dwelling;
(3) Major public facilities;
(4) Commercial development;
(5) Institutional development;
(6) Private recreational development;
(7) Industrial development;
(8) Subdivisions(except middle housing land divisions(ORS 92.0311;
(9) Partitions(except middle housing land divisions(ORS 92.031); and
(10) Change of use that increases the number of required parking spaces by more than 25%.
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 7 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.06.005 Park and Open Space Contributions
1.Applicability
a. Except as provided in LOC§ 50.06.005.1.b, this section is applicable to all major development, and
to the following minor developments:
i. Construction or alteration of multi-family dwelling;
ii. Construction or alteration of major public facilities;
iii. Construction or alteration of commercial development;
iv. Construction or alteration of institutional development;
v. Construction or alteration of private recreational development;
vi. Construction or alteration of industrial development; and
vii. Major partitions and subdivisions(except middle housing land divisions(ORS 92.031).
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LOC 50.06.006.1 Weak Foundation Soils
a. Applicability.This section applies in all areas identified as "Potential Weak Foundation Soils"to all:
i. Minor and major development which will involve proposed structures, or
ii. Ministerial construction of structures where the requirements of this article have not been
previously applied to the development site.
EXCEPTION:This provision does not apply to a middle housing land division (ORS 92.031).
///
LOC 50.06.006.2 Hillside Protection
a. Applicability.This section applies in areas identified as "Slide Area," "Slide Hazard," or parcels that
have undisturbed slopes in excess of 12%, and where:
i. Minor and major development which will involve proposed structures, or
ii. Ministerial construction of structures where the requirements of this article have not been
previously addressed.
EXCEPTION:This provision does not apply to a middle housing land division(ORS 92.031).
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 8 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.07.003.13.a.ii Ministerial Development Types.
///
(2) Construction or exterior modification of a detached single-family dwelling, accessory dwelling
unit, middle housing, or a structure accessory to such structures which:
(a) Is not processed through the residential infill design review process pursuant to LOC§
50.08.003.2.e;
(b) Is not located within a delineated RP resource, RC protection area, or HBA protection area
pursuant to LOC§ 50.05.010, Sensitive Lands Overlay Districts;
(c) Does not impact a historic landmark designated pursuant to LOC§ 50.06.009;
(d) Is not located within a Historic District;
(e) Does not change the nature of the use or occupancy classification to a use that does not
qualify as a permitted use in the zone or as an approved conditional use;
(f) Does not require special design review by the zone, design district(i.e.the Downtown
Redevelopment Design District,West Lake Grove Overlay District or Lake Grove Village
Overlay District), prior development approval or Overall Development Plan and Schedule
(ODPS)for the development in which the subject property is located; or
(g) Is not located in the Greenway Management Overlay District, as identified in LOC § 50.05.009.
(h) Is not middle housing located in a commercial, industrial or mixed use zone, as identified in
LOC § 50.02.002.1.
(i) Is not middle housing located in a special purpose zone, as identified in LOC§ 50.02.003.
(3) Exterior modification of a structure other than a detached single-family dwelling, accessory
dwelling unit, middle housing, or structure accessory to such structures which:
(a) Does not increase building footprint or height, except if the increase in building height is
required to comply with Building or Fire Codes and does not substantially modify any street-
facing facade, or the increase in building footprint is 100 sq. ft. or less and does not
substantially modify any street-facing facade;oc and
(b) Does not modify, either by itself or cumulatively with prior modifications after December 1,
2011, more than 25%of the facade, as the facade existed on December 1, 2011, excluding in
both cases a change of color of the facade;e-and
(c) If the property abuts property zoned for residential use, does not modify any portion of the
facade visible from the residentially zoned property;er and
(d) Does not modify any facade, including change of color of facade,for a building that was the
subject of a prior development review approval ("change of color" occurs when the new color
is not within the shades or tones of the approved color);eF and
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 9 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
(e) Does not result in additional illumination of the facade, including accent lighting, for a building
that was the subject of a prior development review approval; and
(f) Complies with subscctions a.ii(2)(a)through (i) of this scction. Is not located within a
delineated RP resource, RC protection area, or HBA protection area pursuant to LOC§
50.05.010,Sensitive Lands Overlay Districts;and
(g) Does not impact a historic landmark designated pursuant to LOC§50.06.009; and
(h) Is not located within a Historic District;and
(i) Does not change the nature of the use or occupancy classification to a use that does not
qualify as a permitted use in the zone or as an approved conditional use; and
(j) Does not require special design review by the zone,design district, prior development
approval or Overall Development Plan and Schedule (ODPS)for the development in which
the subject property is located; and
(k) Is not located in the Greenway Management Overlay District,as identified in LOC§
50.05.009.
///
LOC 50.07.003.14.a.ii Minor Development Classification.
///
{14) Outright permitted residential dwellings or accessory structures in residential zones, other than in
District, when processed through the residential infill design review process (LOC§
50.08.003.2.c).
(4-514) Minor variances, design variances, and major variances (LOC Article 50.08), and flood
management area variances (LOC § 50.05.011.8).
( 15) Construction of any public or private road, or major transportation or utility facility within a
delineated RP district, RC protection area, or HBA protection area.
( 16) Permitted uses in the PNA zone that are not listed as exempt in LOC§ 50.07.003.12 or classified
as a ministerial use.
( 17) Minor changes to minor or major development review permits, pursuant to LOC§
50.07.003.11.
(1918) Delineation of an RP district and a map correction of RC or RP district.
(2.019) Modification of dimensional standards and setbacks pursuant to LOC§ 50.05.010.4.b (Sensitive
Lands), Modifications to Dimensional Standards, Setbacks, and Floor Area of the Underlying Zone,
and LOC§ 50.05.010.6.b.iii, Reduction of RP District.
(2420) Development within the Greenway Management Overlay District that is not classified as
ministerial development.
(2421) Expansion of an existing parking lot.
(2-322) Exterior painting of any structure that was the subject of a major or minor development permit
including all structures in the R-DD zone, with the exception of detached single-family dwellings,
duplexes, zero lot line dwellings, or structures accessory to those dwelling types.
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 10 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
Exception: Exterior painting that is the same color palette as the existing color(s).
(2423) Designation or removal of designation of a historic landmark, historic district or contributing
resource [LOC § 50.06.009.4].
(2 24) Moving, demolition, or minor or major alteration of a historic landmark or contributing
resource [LOC § 50.06.009.6].
(2625) "Demolition" (as defined in OAR 660-023-0200(1)) or relocation of a National Register property
[LOC§ 50.06.009.9].
(2-726) Building paint color change on a historic landmark when the findings of fact regarding the
historical, architectural, archaeological, or cultural significance of the landmark include building
paint color in the landmark's designation.
(2-827) Establishment of a marijuana facility.[1]
[1]Editor's Note: Ord. 2689 bans all marijuana facilities in the City, and the voters approved
continuation of the ban on Nov. 8, 2016.
(2928) Reduction to the special street setback as authorized in Table 50.04.002-1.
(3029) Limitation to requirement to design and install required utilities; streets/sidewalks (pathways)
and other public infrastructure (LOC§ 50.06.008.7).
///
LOC 50.07.003.14.d.ii Review Criteria for Minor Developments.
///
(3) Any additional statutory, regulatory or Lake Oswego Code provisions which may be applicable to
the specific minor development application, as provided for in this Community Development Code
(LOC Chapter 50), Stormwater Management Code (LOC Article 38.25), streets and sidewalks
chapter(LOC Chapter 42), and the tree cutting chapter removal (LOC Chapter 55.02); and
///
LOC 50.07.003.15.d.ii Review Criteria for Major Developments.
(1) Major Development Other Than Rezoning to FMU in the Foothills Special District Plan Area.A
major development shall comply with:
///
(d) Any additional statutory or Lake Oswego Code provisions which may be applicable to the
specific major development application, such as the variance provisions, Stormwater
Management Code (LOC Article 38.25),the streets and sidewalks chapter(LOC Chapter 42),
and the tree cutting chapter removal (LOC Chapter Article 55.02); and
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 11 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.07.004.8.a Criteria for Designating Property within an Overlay District.
///
ii. Procedure. An RP, RC, or HBA designation may be applied, modified or removed pursuant to either
a City or area-wide Goal 5 analysis or a Goal 5 analysis of a single property or small number of
individual properties.A City-wide or area-wide analysis shall be processed as a legislative
Comprehensive Plan Map and Zoning Map amendment pursuant to LOC§ 50.07.003.16.a.i. an
analysis affecting a single property or small number of individual properties shall be processed as a
quasi-judicial Comprehensive Plan Map and Zoning Map amendment pursuant to LOC§
50.07.003.16.a.ii,except a Map Correction under LOC§50.07.004.8.b.iii(2) is a minor development
decision.
///
LOC 50.07.007.2.f. Screening, Buffering and Landscape Installation.
i. A minimum five-ft. landscape strip shall be provided between the access lane and the perimeter
of the development site when the shared access lane is located along the perimeter of the
development site.There shall be no obstruction from the ground to the sky; LOC 50.04.003.8
does not apply.Where land area is not sufficient to accommodate the five-ft.-wide landscape
strip, the reviewing authority may impose conditions of approval to include measures that will
provide effective buffering and screening.These measures may include landscaped islands,
fencing, and meandering access lane.
///
LOC 50.08.002.2. Minor Variance Classifications.
///
r. A variance to the setbacks for generators listed in LOC§ 50.03.004.a.iv and required front
setback of the zone.
///
LOC 50.09.001.1 Violations.
LOC § 50.09.001. Violations Public Nuisance; Compliance with Required Covenant; Evidence
of Violation.
1.Violations Public Nuisance; Compliance with Required Covenant or Restriction.
a. Any development which occurs contrary to the provisions of this Code or contrary
to any permit or approval issued or granted hereunder is hereby declared to be
unlawful and a public nuisance, and may be abated pursuant to LOC§§ 34.08.400
to 34.08.490.
b. It shall be a violation of this Code for a property owner or homeowners association
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 12 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
to amend or rescind or fail to comply with any covenant, condition or restriction
required by the City pursuant to a development approval without approval of the
City.
///
LOC 50.09.003 Penalties.
LOC § 50.09.003. Penalties Civil Violations.
1. Civil Violation, Enforcement Fee; Separate Violations.
a. A violation of any provision of this Code is a civil violation and shall be enforced pursuant to
the provisions of LOC §§ 34.04.101 to 34.04.145.
b. A person who violates a provision of this Code shall pay an enforcement fee to the City in
an amount as established by resolution of the City Council.
c. Each day that the violation exists shall constitute a separate violation.
///
LOC 50.10.003.2 Definition of Terms.
///
DETACHED(ACCESSORY STRUCTURE)
A horizontal separation of three ft. or more, between the subject accessory structure and
nearby structures.The separation shall be from eave to eave, or where there are no eaves, the
separation shall be measured between the closest elements (excluding breezeways no more
than eight ft. in width measured from eave to eave, air conditioning units, heat pumps, and
similar attached or connected fixtures to the structure) of the two structures. (If the distance of
separation is less than three ft. between two structures, they shall be deemed to be "attached.")
FLAG LOT
A lot that was created after September 6, 1998, and:
a. Has the actual majority of the building site envelope located behind another lot; and
b. Takes access from the street via:
i. A driveway or access lane that is part of the lot and the lot width narrows to less
than the minimum lot width for the zone; or
ii. An access easement.
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 13 of 14
PLANNING COMMISSION RECOMMENDATION — March 24, 2025 (without commentary and
reorganized numerically)
LOC 50.11.004 Appendix D — Lake Oswego Master Plant List.
///
1. Native Plants.
The plants below are native to the Willamette Valley.They are adapted to local climate and soils.
Planted in the right location, they should thrive with little or no maintenance.
Native Tall Shrubs/Small Trees
Scientific Name Common Name
Acer circinatum Vine maple
// //
Sambucus racemosa Red elderberry
Spiraea doualasii Douglas spiraea
Symphoricarpos albus Snowberry
Vaccinium ovatum Evergreen huckleberry
Native Trees
Scientific Name Common Name
Abies grandis Grand fir
Salix sitchensis Sitka willow
// //
Spiraca douglasii Douglas spiraco
Symphoricarpos albus Snowbcrry
Taxus brevifolius Western yew
II //
///
LU 24-0029 ATTACHMENT 2 (Ordinance 2959)/Page 14 of 14
EXHIBIT B-1
APPROVED: 03/24/2025
1 BEFORE THE PLANNING COMMISSION
2 OF THE
3 CITY OF LAKE OSWEGO
4
5 A REQUEST FOR AMENDMENTS TO THE ) LU 24-0029
6 COMMUNITY DEVELOPMENT CODE FOR THE ) (CITY OF LAKE OSWEGO)
7 PURPOSE OF CLARIFYING AND UPDATING ) FINDINGS, CONCLUSIONS & ORDER
8 VARIOUS PROVISIONS AND
9 ADOPTING ORDINANCE 2959.
10
11 NATURE OF APPLICATION
12
13 The City of Lake Oswego is requesting approval of legislative amendments (Ordinance 2959) to
14 the Lake Oswego Community Development Code (CDC) for the purpose of clarifying and
15 updating various provisions. Proposed amendments are to:
16
CODE MAINTENANCE ITEMS(LOC Chapters 50.01, 50.03, 50.04, 50.05, 50.06, 50.07, 50.10 and 50.11)
ITEM TITLE CODE SECTION(S)
1. Clarify that only roof height may be raised 6 feet, not wall height, LOC 50.01.006.3.a.iv.
for nonconforming structures.
2. Amend Use Table [LOC Table 50.03.003-2] to specifically list retail LOC Table 50.03.003-2
sales in the IP zone subarea as permitted instead of listing only
Conditional Uses.
3. Remove incorrect "lot coverage" and "coverage" references from LOC 50.04.003.8.a.
the exceptions for building projections.
4. Clarify that the 10 ft. parking separation buffer requirement in ' LOC 50.05.007.6.e.viii(5)
Lake Grove Village Center Overlay (LGVC) only applies to surface
parking lots and not parking located within a building.
5. Clarify that the Building Design standards apply to residential LOC 50.06.001.1 and .2
development in high density zones and add the R-0, R-2, and R-3
zones to Table 50.06.001-1: Building Design Standards
Applicability.
6. Remove access spacing requirements that were already moved to LOC 50.06.003.1.d.vi
Chapter 42 as part of a previous non-CDC amendment.
7. Remove reference to "private street" and replace with "street" LOC 50.06.003.2.a
and add "access lane".
8. For corner lots, reference required access spacing and sight LOC 50.06.003.2.b.i(1)
distance requirements in LOC 42.03.130(4).
9. Clarify that single-family dwellings and middle housing in the LOC 50.07.003.13.a.ii(2) & LOC
DRDD, LGVC, and WLG overlays do not qualify as ministerial 50.07.003.14.a.ii(14)
development and the minor development process applies. Also,
remove redundant minor development item for Residential Infill
Design (RID) variances in R-DD zone, DRDD and LGVC overlays.
10. Clarify which "non-residential" development qualifies for LOC 50.07.003.13.a.ii(3)
ministerial development review by correcting an erroneous
reference in Subsection 13.a.ii.
LU 24-0029 EXHIBIT B-1/PAGE 1 OF 6
APPROVED: 03/24/2025
11. Clarify that the Type II tree removal & mitigation standards [LOC LOC 50.07.003.14.d.ii(3)
55.02.080] are applicable to minor and major development LOC 50.07.003.15.d.ii(1)(d)
permits, but not the tree protection standards.
12. Clarify that if a resource designation is being modified under the LOC 50.07.004.8.a.ii and
Map Correction criteria of LOC 50.07.004.8.b,then the application LOC 50.07.003.14.d.ii(19)
shall be processed as a minor development.
13. Clarify that a building cannot cantilever into the required 5-foot LOC 50.07.007.2.f.i
landscape buffer along an access lane of a flag lot and that the
exception to yard setbacks permitted per LOC 50.04.003.8.a for 2
ft. building eaves does not apply.
14. Revise Enforcement and Penalties to strengthen and clarify what LOC 50.09.001.1;
constitutes a violation by inserting additional text to state the LOC 50.09.003.1
violations are also civil violations, as defined by LOC 34.04.105,
and enforceable pursuant to LOC Article 34.04.
15. Clarify in the definition of a flag lot that the majority(>50%) of the LOC 50.10.003.2
building envelope must be located behind another lot to meet the
definition of"Flag Lot."
16. Revise the Native Plant List to classify Snowberry and Douglas LOC 50.11.004 Appendix D Native
Spiraea as shrubs. Plant List
CODE POLICY ITEMS& DISCUSSION (LOC Chapters 50.01,50.03, 50.06, 50.7, 50.8 and 50.10)
1. For nonconforming dwellings, if a proposed addition or remodel LOC 50.01.006.2.b—
increases floor area by 50%or more,full conformance with
current zone dimensional and design standards is required or the
applicant may choose demolition.This amendment would add an
exception for nonconforming historic landmark dwellings.
2. This amendment adds back the pre-2014 code text of"destroyed LOC 50.01.006.4.b
by any means" to expand the cause of destruction beyond
"damaged"for reconstruction of nonconforming commercial,
industrial, or multi-family structures (< 50%valuation of the
existing structure).
3. This amendment increases the maximum height of an accessory LOC 50.03.004.2.b.i
structure from 10 feet to 12 feet to qualify for a reduction of side
or rear yard setbacks to better align with the typical height of pre-
fabricated accessory structures in order to reduce the number of
violations.
4. Clarify which commercial building design standards apply to LOC 50.06.001.5
accessory structures that may not be perceived as traditional
"buildings" such as free-standing canopies, picnic shelters, or
other similar accessory structures.
5. Clarify the standards that are not applicable to a Middle Housing LOC 50.10.003.2 Definitions
Land Division (MHLD).
6. Permit minor variances to reduce required yard setbacks to locate LOC 50.08 Variances
a generator.
7. Amends the definition of"detached"to apply only to accessory LOC 50.10.003.2 Definitions
structures.
1
2
LU 24-0029 EXHIBIT B-1/PAGE 2 OF 6
APPROVED: 03/24/2025
1 HEARINGS
2
3 The Planning Commission held a public hearing and considered this application at its meeting
4 on March 10, 2025.
5
6 CRITERIA AND STANDARDS
7
8 A. City of Lake Oswego Comprehensive Plan
9 Land Use Planning- Policies A-1, A-2, A-3, C-1, C-3, C-4 and D-1
10 Historic Preservation - Policies 1 and 3
11 Inspiring Spaces and Places - Goal 1, Policies 1, 2, 3, and 8; Goal 2, Policy 4
12 Complete Neighborhoods & Housing- Policies A-4, B-1 and C-7
13 Economic Vitality- Policy B-1
14 Community Health and Public Safety -Sound Quality- Policies 1 and 5
15 Healthy Ecosystems— Natural Resources and Sensitive Lands- Policy 2
16
17 B. City of Lake Oswego Community Development Code
18 LOC 50.07.003.3.c. Published Notice for Legislative Hearing
19 LOC 50.07.003.16.a Legislative Decisions Defined
20 LOC 50.07.003.16.b Criteria for Legislative Decision
21 LOC 50.07.003.16.c Required Notice to DLCD
22 LOC 50.07.003.16.d Planning Commission Recommendation Required
23 LOC 50.07.003.16.e City Council Review and Decision
24
25 CONCLUSION
26
27 The Planning Commission concludes that the recommended Code Amendments in Attachment
28 2 (dated February 24, 2025) of proposed Ordinance 2959 are in compliance with all applicable
29 criteria.
30
31 FINDINGS AND REASONS
32
33 The Planning Commission (Commission) incorporates the Staff Memos (dated November 1,
34 2024, January 2, 2025) and the Staff Report, dated February 28, 2025 (with all exhibits attached
35 thereto), on LU 24-0029 as support for its decision, supplemented by the further findings and
36 conclusions set forth herein. In the event of any inconsistency between the supplementary
37 matter herein and the staff report, the matter herein controls.
38
39 Following are the supplementary findings and conclusions of this Commission:
40
41 1. Statewide Planning Goal 10: Housing: Staff received questions from the Fair Housing
42 Council of Oregon (FHCO) on why the staff report did not address Oregon Planning Goal
43 10: Housing, or the Comprehensive Plan's related housing documents, e.g., City's
44 Housing Needs Analysis or Buildable Lands Inventory in regards to the proposed
LU 24-0029 EXHIBIT B-1/PAGE 3 OF 6
APPROVED: 03/24/2025
1 amendments. The Commission finds that Goal 10 is not applicable because the
2 proposed amendments do not affect Goal 10, discussed below.
3
4 The purpose of Statewide Planning Goal 10 and the rules adopted to implement it is to
5 ensure the opportunity for the provision of adequate numbers of needed housing units,
6 the efficient use of buildable land within urban growth boundaries, and to provide
7 greater certainty in the development process so as to reduce housing costs. The
8 following Oregon Administrative Rules (OARs) provide standards for compliance with
9 Goal 10 "Housing" pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through
10 197.307 (Needed Housing):
11
12 OAR 660-008-0010 Allocation of Buildable Land
13
14 The mix and density of needed housing is determined in the housing needs
15 projection. Sufficient buildable land shall be designated on the comprehensive plan
16 map to satisfy housing needs by type and density range as determined in the housing
17 needs projection. The local buildable lands inventory must document the amount of
18 buildable land in each residential plan designation.
19
20 The Lake Oswego Housing Needs Analysis (HNA, 2023) was adopted in 2023 (LU 23-
21 0023). The Housing Production Strategy (HPS) to comply with LCDC Goal 10 was adopted
22 in 2024 (LU 24-0024, Exhibit F-004). Per the 2023 Housing Needs Analysis (Exhibit F-
23 003):
24 • The buildable lands inventory methodology calculated the gross vacant and partially-
25 vacant residentially-zoned land within the Lake Oswego Urban Services Boundary;
26 • Determined the housing capacity allowed with current zoning on those buildable
27 lands;
28 • Determined the 20-year housing needs;
29 • Compared dwelling unit demand forecast to dwelling unit capacity on those
30 buildable lands; and
31 • Applied the Metropolitan Housing Rule requirements of 50/50 mix of attached and
32 detached housing, overall density of 10 dwelling units/acre, and types and densities
33 for present and future area residents of all incomes.
34
35 The proposed code amendments do not change allowed residential density, uses,
36 housing types, Comprehensive Plan Map or zoning on any property. The amendments
37 do not discourage the construction of housing because the amendments are clarifying
38 the existing design and development standards that already apply or do not relate to
39 new residential dwelling construction (e.g. single-family and middle housing). The
40 proposed amendments will have no effect on the Buildable Lands Inventory; therefore,
41 Goal 10 is not applicable.
42
43 2. Policy Item #7: Definitions of Detached and Accessory Structure. The Commission
44 considered whether to amend the definitions of"detached" and "accessory structure"
LU 24-0029 EXHIBIT B-1/PAGE 4 OF 6
APPROVED: 03/24/2025
1 to refine when structures are considered attached vs. detached. Staff proposed two
2 options to refine and provide clarity on when an accessory structure is attached vs.
3 detached.
4
5 No public testimony on this item was received.
6
7 The Commission finds:
8 a) The Oregon State Legislature is currently working on potential legislation that
9 would allow more flexibility for units to be attached or detached. Depending on
10 the outcome, the Legislature could require future code amendments that could
11 impact the definition of detached for primary structures.
12 b) More than 3 feet between structures may be needed to provide meaningful
13 visual separation of buildings. Option 1 would allow an accessory structure to be
14 located within inches of the primary structure, which would not provide
15 adequate separation.
16 c) Requiring greater separation than currently required was not in the scope of the
17 proposed amendments and would require further public notice and study.
18 d) The issue could be explored in more detail with the forthcoming code audit and
19 amendments project scheduled to begin in the fall.
20 e) Option 2 is appropriate at this time because it retains the definition of
21 "detached" with the minimum 3-foot separation between structures and simply
22 clarifies that the definition only applies to an accessory structure in relation to
23 the primary structure on the site.
24
25 ORDER
26
27 IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that:
28
29 1. The Planning Commission recommends that proposed Ordinance 2959, with Exhibit A
30 (based on Attachment 2, dated February 24, 2025) [LU 24-0029] be approved by the City
31 Council with Option 2 of Policy Item #7.
32
33 //
34
35 //
36
37 [Signatures on Next Page]
38
39 //
40
41
42
43
44
LU 24-0029 EXHIBIT B-1/PAGE 5 OF 6
APPROVED: 03/24/2025
1
2
3 II
4 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of
5 the City of Lake Oswego.
6
7 DATED this 24 day of March, 2025.
8
9
10
11 /s/ Don Mitchell, Chair
12 Don Mitchell, Chair
13 Planning Commission
14
15
16
17 PRELIMINARY RECOMMENDATION - March 10, 2025
18
19 AYES: Mitchell, Moreno, Rigby, Schenone, Sly, Thwing
20 NOES: None
21 ABSTAIN: None
22 ABSENT: Naujock
23
24 ADOPTION OF FINDINGS AND ORDER - March 24, 2025
25
26 AYES: Mitchell, Moreno, Rigby, Naujock
27 NOES: None
28 ABSTAIN: None
29 ABSENT: Thwing, Sly
LU 24-0029 EXHIBIT B-1/PAGE 6 OF 6
DRAFT: 02/24/2025
2024 ANNUAL CODE AMENDMENTS (LU 24-0029)
Table of Contents
MAINTENACE (M)AND POLICY(P) ITEMS
ITEM 1 (M) 2
ITEM 2 (M) 3
ITEM 3 (M) 3
ITEM 4 (M) 4
ITEM 5 (M) 4
ITEM 6 (M) 6
ITEM 7 (M) 7
ITEM 8 (M) 7
ITEM 9 (M) 8
ITEM 10 (M) 10
ITEM 11 (M) 11
ITEM 12 (M) 12
ITEM 13 (M) 13
ITEM 14 (M) 14
ITEM 15 (M) 15
ITEM 16 (M) 16
ITEM 1 (P) 17
ITEM 2 (P) 18
ITEM 3 (P) 19
ITEM 4 (P) 20
ITEM 5 (P) 21
ITEM 6 (P) 24
ITEM 7 (P) 25
LU 24-0029 ATTACHMENT 2/PAGE 1 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
MAINTENANCE
ITEM 1 (M): LOC 50.01.006.3.a.iv. /Nonconforming Roof Pitch Change
LOC 50.01.006.3.a.iv.
iv. For residential structures, a change in roof pitch on a nonconforming portion of the structure
may be permitted if the roof height is not increased by more than six ft.above, attached to the
existing wall top plate,and does not exceed the base zone height.
MAXIMUM 6 FT.
� CHANGE
21 I I IIIII I I I I I I I I I I I I I I II I I I
TO
ROOF HEIGHT 141
MI
TOP PLATE
WALL PLATE HEIGHT
CANNOT BE RAISED
cigure 50.01.006-A: Nonconforming Roof Pitch Chang.
Item 1 (M):The nonconforming standards allow a change in roof pitch on a nonconforming
structure for a maximum of six feet.This amendment clarifies that only roof height (not wall
height) may be raised six feet.
LU 24-0029 ATTACHMENT 2/PAGE 2 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 2 (M): LOC Table 50.03.003-2/IP Zone Subarea—Expanded Uses (Retail)
LOC Table 50.03.003-2
Use Category Use Type IP
Retail < 10,000 sq. ft.gross floor area t LC [5]
Retail Sales Retail >_ 10,000 and < 20,000 sq. ft. gross floor area t LC [5]
Retail >_20,000 sq. ft.gross floor area P [5]
ITEM 2 (M):The Commercial, Mixed Use, Industrial, and Special Purpose Districts Use Table lists
retail sales in three separate rows tied to gross floor area (GFA). In the IP zone, retail is noted as
a "C" for conditional use,with a note to Footnote [5],which calls out a specific subarea of the IP
Zone where there is an expanded list of uses. Footnote [5] states retail sales in the IP zone
subarea are permitted if<_ 35,000 sq. ft.This amendment would add a "P" in the IP zone column
for retail in the Use Table to clarify that it is outright permitted in the subarea.
ITEM 3 (M): LOC 50.04.003.8.a. /Projections from Buildings
LOC 50.04.003.8.a. Projections from Buildings
8. General Exceptions for Building Projections, Decks,and Walkways and Pathways to Setbacks.
a. Projections from Buildings. Cornices, eaves,gutters, bay windows located on the ground floor
(but not more than six ft.wide, with a maximum of two bay windows per building elevation),
decorative metal balconies (but not more than six ft. in length), flower boxes, belt courses,
leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may
project not more than two ft. into a required yard (as adjusted by LOC§ 50.04.003.3.a)or into
rcquircd opcn spacc as cstablishcd by lot covcragc standards. Canopies, sunshades, chimneys,
and flues may project not more than two ft. into a required yard or into rcquircd opcn spacc as
cstablishcd by covcragc standards, but in no event may the projection be within five ft. of a side
lot line.
ITEM 3 (M):This amendment removes the "lot coverage" and "coverage" references from the
exemptions because the correct lot coverage exemptions/projections are captured by the LOC
50.10.003.2 definition of"Lot Coverage."
LU 24-0029 ATTACHMENT 2/PAGE 3 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 4 (M): LOC 50.05.007.6.e.viii(5)/LGVC Parking Facilities Edge
Requirements
LOC 50.05.007.6.e.viii(5) LGVC Parking Facilities Edge Requirements
(5) Surface Parking Facility Edge Requirements
(a) Surface P-parking facilities shall be separated from a driveway, sidewalk, or pathway by a
minimum five-ft.-wide landscaped area.Within this area, shade trees shall be planted every 30
ft. Low sitting walls, benches and other pedestrian amenities oriented to sidewalks or pathways
may be provided in the landscaped area.
(b) Surface sparking facilities shall be separated from the exterior wall of a structure by a
minimum of a ten-ft. buffer which may include a pedestrian pathway and/or landscaped strip.
ITEM 4(M):The parking separation standard was applied on the assumption of surface parking
lots. The "protection" of driveways, sidewalls and pathways from vehicle parking visibility and
encroachment is not needed when the parking is in a building that has upper floors above the
parking or where the standard yard setback is less than the buffer.This amendment clarifies
that the parking separation buffer requirement only applies to surface parking and not enclosed
parking within a building.
ITEM 5 (M): LOC 50.06.001.1 and .2 / Applicability of High Density Residential
Zones in Building Design
LOC 50.06.001.1
Applicability.
This section is applicable as follows:
TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY
/A/=Applicable/blank/= Not Applicable
Additional
Base District R-15 R-10 R-7.5 R-6 R-5 R-3 R-2 R-0
Standards
Structure Design
-Residential § 50.05.006,
A A A A A [1] A [11 A [11 A[11 Old Town
Zones Neighborho
50.06.001.2 od Design
LU 24-0029 ATTACHMENT 2/PAGE 4 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY
/A/=Applicable/blank/= Not Applicable
Additional
Base District R-15 R-10 R-7.5 R-6 R-5 R-3 R-2 R-0
Standards
Garage A A A A A A Eli A Eli A Eli § 50.05.006,
Appearance and Old Town
Location Neighborhoo
50.06.001.4 d Design
Zone Additional A
Standards
50.06.001.3(R-6)
Commercial, A [2][3]
Industrial, and
Multi-Family Not
Located in FMU
Zone Standards
for Approval
50.06.001.5
Development A [4]
Located in FMU
Zone Standards
for Approval
50.06.001.6
Notes:
[1] Structure design s' tandards only apply to detached single-family dwellings and middle housing, and
structures that are accessory to these development types{see LOC§ 50.06.001.2.a}.
////
LOC 50.06.001.2
2. Structure Design—Residential Zones.
a.Applicability.
development:
{ ) Detached single family dwellings;
{ ) Middle housing; and
( ) Structures that arc accessory to these development types listed above.
LU 24-0029 ATTACHMENT 2/PAGE 5 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
+ i.This subsection is applicable to all structures in any other base residential districts, except R-W
and R-DD or otherwise noted in Table 50.06.001-1.
447 ii. Conversions of single-family dwellings that result in the creation of middle housing and are
not classified as an expansion or addition are exempted from the standards of this subsection;
provided,that the conversion does not increase nonconformance with applicable standards.
iv,iii. For additions to single-family dwellings that result in the creation of middle housing,this
subsection 2.a shall apply only to the newly added and any replaced portion(s)of the structure.
Existing nonconforming portions of the structure to remain in place are exempted from the
standards of this subsection.
ITEM 5 (M): Incorporate applicability section LOC 50.06.001.2.a.i into Table 50.06.001-1 to
clarify that those standards apply to residential development in high density zones. Subsection
2.a.i is deleted to remove redundant language with the additions to Table 50.06.001-1.
ITEM 6 (M): LOC 50.06.003.1.d.vi/Access Spacing Requirements
LOC 50.06.003.1.d.vi Access Spacing Requirements
d. Standards for Access Lanes. Access lanes shall meet the following minimum standards:
////
vi. All new or modified driveways shall follow access spacing as shown in Table 50.06.003 2, Access
operational or safety conflict.
Minimum Spicing(ft
Major Arterial 300
Minor Arterial 2-00
Major Collector 150
Neighborhood Collector �00
Local Residential Street 50
Local Commercial/Industrial Strcct 5-0
ITEM 6(M):This standard was moved (and revised)to LOC 42.03.130(4)(a) in 2023 Non-CDC
Code Amendments [LOC 42.03.130(4)(a)] to be with other intersection/sight distance
requirements.
LU 24-0029 ATTACHMENT 2/PAGE 6 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 7 (M): LOC 50.06.003.2.a/Outdated Reference to Private Streets
LOC 50.06.003.2.a On-Site Circulation—Driveways and Fire Access Roads.
a. Applicability.This section is applicable to all development proposing a new use or an increased
use on a site when the development will result in the construction of or the increased use of
private streets, access lanes, driveways, or parking lot aisles. Increased use shall be defined as an
increase in trip generation or parking requirement.
ITEM 7 (M):This amendment removes "private street" and replaces it with either streets or
access lanes in keeping with the 2022 Code Amendments (LU 22-0038).
ITEM 8 (M): LOC 50.06.003.2.b.i(1)/Driveway Approaches & Street
Classification Levels
LOC 50.06.003.2.b.i(1)
b. Standards for Approval.
i. Driveway Approaches—Locational Limitations and Restrictions.
(1) On corner lots where the adjacent streets are fully improved to their anticipated ultimate
width,the nearest edge of a proposed driveway to the intersection shall be no closer than
30 ft. when measured from the projected curb of the street that is the most parallel to the
alignment of the proposed driveway and in accordance with the access spacing and sight
distance requirements in LOC 42.03.130(4).
ITEM 8(M):This standard states that for corner lots,the nearest edge of the driveway shall be a
minimum 30 ft. from the intersection,which does not consider the classification levels of the
street.The Transportation System Plan (TSP) proximity guidelines range from 50-150 ft.,
depending on the level of the street(local, collector, arterial).This amendment adds a reference
to LOC 42.03.130(4)for consistency.
LU 24-0029 ATTACHMENT 2/PAGE 7 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 9 (M): LOC 50.07.003.13.a.ii(2)/Ministerial Development Process for
Outright Permitted Residential Development
LOC 50.07.003.13.a.ii(2) Ministerial Development Classification
(2) Construction or exterior modification of a detached single-family dwelling, accessory dwelling
unit, middle housing, or a structure accessory to such structures which:
(a) Is not processed through the residential infill design review process pursuant to LOC§
50.08.003.2.e;
(b) Is not located within a delineated RP resource, RC protection area, or HBA protection area
pursuant to LOC§ 50.05.010, Sensitive Lands Overlay Districts;
(c) Does not impact a historic landmark designated pursuant to LOC§ 50.06.009;
(d) Is not located within a Historic District;
(e) Does not change the nature of the use or occupancy classification to a use that does not
qualify as a permitted use in the zone or as an approved conditional use;
(f) Does not require special design review by the zone, design district(i.e.the Downtown
Redevelopment Design District,West Lake Grove Overlay District or Lake Grove Village
Overlay District), prior development approval or Overall Development Plan and Schedule
(ODPS)for the development in which the subject property is located; or
(g) Is not located in the Greenway Management Overlay District, as identified in LOC§ 50.05.009.
(h) Is not middle housing located in a commercial, industrial or mixed use zone, as identified in
LOC § 50.02.002.1.
(i) Is not middle housing located in a special purpose zone, as identified in LOC§ 50.02.003.
ITEM 9 (M):This code amendment clarifies that construction of single-family dwellings and
Middle Housing in the DRDD, LGVC and WLG overlays do not qualify as ministerial development.
ITEM 9 (M): 50.07.003.14.a.ii(14)/Minor Development Process for Outright
Permitted Residential Development
LOC 50.07.003.14.a.ii(14) Minor Development Classification.
////
(1'1) Outright permitted residential dwellings or accessory structures in residential zones, other than in
District, when processed through the residential infill design review process (LOC§
50.08.003.2.c).
LU 24-0029 ATTACHMENT 2/PAGE 8 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
(4514) Minor variances, design variances, and major variances (LOC Article 50.08), and flood
management area variances (LOC§ 50.05.011.8).
(615) Construction of any public or private road, or major transportation or utility facility within a
delineated RP district, RC protection area, or HBA protection area.
( 16) Permitted uses in the PNA zone that are not listed as exempt in LOC§50.07.003.12 or classified
as a ministerial use.
(3817) Minor changes to minor or major development review permits, pursuant to LOC§
50.07.003.11.
( 18) Delineation of an RP district.
(2919) Modification of dimensional standards and setbacks pursuant to LOC§50.05.010.4.b (Sensitive
Lands), Modifications to Dimensional Standards, Setbacks, and Floor Area of the Underlying Zone,
and LOC§ 50.05.010.6.b.iii, Reduction of RP District.
(2420) Development within the Greenway Management Overlay District that is not classified as
ministerial development.
(221) Expansion of an existing parking lot.
(2422) Exterior painting of any structure that was the subject of a major or minor development permit
including all structures in the R-DD zone, with the exception of detached single-family dwellings,
duplexes, zero lot line dwellings, or structures accessory to those dwelling types.
Exception: Exterior painting that is the same color palette as the existing color(s).
(2423) Designation or removal of designation of a historic landmark, historic district or contributing
resource [LOC § 50.06.009.4].
(2524) Moving, demolition, or minor or major alteration of a historic landmark or contributing
resource [LOC § 50.06.009.6].
(225) "Demolition" (as defined in OAR 660-023-0200(1)) or relocation of a National Register property
[LOC§ 50.06.009.9].
(2-726) Building paint color change on a historic landmark when the findings of fact regarding the
historical, architectural, archaeological, or cultural significance of the landmark include building
paint color in the landmark's designation.
(2-827) Establishment of a marijuana facility.[1]
[1]Editor's Note: Ord. 2689 bans all marijuana facilities in the City, and the voters approved
continuation of the ban on Nov. 8, 2016.
(2-928) Reduction to the special street setback as authorized in Table 50.04.002-1.
{3029) Limitation to requirement to design and install required utilities; streets/sidewalks (pathways)
and other public infrastructure (LOC§ 50.06.008.7).
ITEM 9 (M): Subsection 14.a.ii(14) is superfluous. Residential infill Design (RID) Review design
variances are classified as minor development per Subsection 14.a.ii(15). RID variances are not
allowed in the R-DD zone or a design district (Downtown Redevelopment Design District, West
Lake Overlay District, and Lake Grove Village Overlay District) per LOC 50.08.003.2.e.This
amendment removes Subsection 14.a.ii(14).
LU 24-0029 ATTACHMENT 2/PAGE 9 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 10 (M): LOC 50.07.003.13.a.ii(3)/Ministerial Development Classifications
LOC 50.07.003.13.a.ii(3) Ministerial Development Classification
(3) Exterior modification of a structure other than a detached single-family dwelling, accessory
dwelling unit, middle housing, or structure accessory to such structures which:
(a) Does not increase building footprint or height, except if the increase in building height is
required to comply with Building or Fire Codes and does not substantially modify any street-
facing facade, or the increase in building footprint is 100 sq. ft. or less and does not
substantially modify any street-facing facade;Of and
(b) Does not modify, either by itself or cumulatively with prior modifications after December 1,
2011, more than 25%of the facade, as the facade existed on December 1, 2011, excluding in
both cases a change of color of the facade;er and
(c) If the property abuts property zoned for residential use, does not modify any portion of the
facade visible from the residentially zoned property;er and
(d) Does not modify any facade, including change of color of facade,for a building that was the
subject of a prior development review approval ("change of color" occurs when the new color
is not within the shades or tones of the approved color);er and
(e) Does not result in additional illumination of the facade, including accent lighting, for a building
that was the subject of a prior development review approval; and
(f) Complies with subsections a.ii(2)(a)through (i) of this section. Is not located within a
delineated RP resource, RC protection area,or HBA protection area pursuant to LOC§
50.05.010,Sensitive Lands Overlay Districts; and
(g) Does not impact a historic landmark designated pursuant to LOC§50.06.009;and
(h) Is not located within a Historic District; and
(i) Does not change the nature of the use or occupancy classification to a use that does not
qualify as a permitted use in the zone or as an approved conditional use;and
(I) Does not require special design review by the zone, design district, prior development
approval or Overall Development Plan and Schedule (ODPS)for the development in which
the subject property is located;and
(k) Is not located in the Greenway Management Overlay District,as identified in LOC§
50.05.009.
ITEM 10(M):All standards must be met to qualify; staff believes that the use of sequential
"and" makes that more apparent to the reader than the sequential use of"or", although the
effect is the same. Also,this code amendment removes the incorrect reference to Subsections
a.ii(2)(a)through (i), which pertains to detached single-family dwelling, accessory dwelling unit,
middle housing, or a structure accessory and adds the applicable qualifiers for other structures.
LU 24-0029 ATTACHMENT 2/PAGE 10 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 11 (M): LOC 50.07.003.14.d.ii(3) and LOC 50.07.003.15.d.ii(1)(d)/Limiting
Incorporation of"Tree Cutting Chapter"to only Tree Removal for Minor and
Major Developments
LOC 50.07.003.14.d.ii(3) Minor Development Review Criteria for Minor Developments.
(3) Any additional statutory, regulatory or Lake Oswego Code provisions which may be applicable to
the specific minor development application, as provided for in this Community Development Code
(LOC Chapter 50), Stormwater Management Code (LOC Article 38.25), streets and sidewalks
chapter(LOC Chapter 42), and the tree cutting chapter removal (LOC Chapter 55.02); and
///
LOC 50.07.003.15.d.ii(3) Major Development Review Criteria for Minor Developments.
(d)Any additional statutory or Lake Oswego Code provisions which may be applicable to the specific
major development application, such as the variance provisions, Stormwater Management Code
(LOC Article 38.25),the streets and sidewalks chapter(LOC Chapter 42), and the tree cutting
chapter removal (LOC Chapter Article 55.02); and
ITEM 11 (M):The tree preservation requirements (LOC Art. 55.08), as well as the heritage trees
provisions (LOC Art. 55.06), are not relevant for land use approval of a development.The tree
preservation requirements are applied post-approval and the heritage trees provisions are not
related to development.The requirements of those articles are not part of the "land use
decision"for the development.The use of"tree cutting chapter" was overly inclusive. Note: In
LU 23-0020,the Development Review Commission (DRC)found that the tree protection
requirements during construction per LOC Article 55.08 are not"applicable criteria and
standards"for the development permit under LOC 50.07.003.14.d.ii(3).The DRC applied the
context provided by LOC 55.02.035, LOC Article 55.06, and LOC 55.08.010(2)to interpret the
scope of LOC 50.07.003.14.d.ii(3)'s reference to the "the tree cutting chapter(LOC Chapter 55)"
as meaning to the extent provided by LOC Chapter 55, i.e., LOC Article 55.02, and not the tree
protection standards of LOC Article 55.08 as criteria for a minor development permit.This
amendment replaces the reference to "tree cutting chapter"with "removal"to make it clear
that tree protection and heritage tree articles do not apply.
LU 24-0029 ATTACHMENT 2/PAGE 11 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 12 (M): LOC 50.07.003.14.d.ii(19) and LOC 50.07.004.8.a.ii
/RP District Modification: Map Correction or Re-delineation
LOC 50.07.003.14.d.ii(19) Minor Development Classification
(19) Delineation of an RP district and a map correction of RC or RP district.
LOC 50.07.004.8.a.ii
ii. Procedure.An RP, RC, or HBA designation may be applied, modified or removed pursuant to either
a City or area-wide Goal 5 analysis or a Goal 5 analysis of a single property or small number of
individual properties.A City-wide or area-wide analysis shall be processed as a legislative
Comprehensive Plan Map and Zoning Map amendment pursuant to LOC § 50.07.003.16.a.i. an
analysis affecting a single property or small number of individual properties shall be processed as a
quasi-judicial Comprehensive Plan Map and Zoning Map amendment pursuant to LOC §
50.07.003.16.a.ii,except a Map Correction under LOC§ 50.07.004.8.b.iii(2) is a minor development
decision.
Item 12(M):There is a conflict as to the major development v. minor procedure process to
"modify" designations of Sensitive Lands of a small number of parcels between LOC
50.07.004.8.a.ii (see also LOC 50.07.003.16.a.ii—major development)v. LOC 50.07.008.b.iii(2)
minor development. If the resource designation is being modified under the Map Correction
criteria of LOC 50.07.004.8.b, staff has applied the "specific controls over the general" rule of
construction and Map Corrections of designations are processed as a minor development.This
amendment clarifies in the Minor Development classification section and the sensitive lands
procedures section that map corrections other than scrivener's errors and for a small number of
properties are a Minor Development Decision.
LU 24-0029 ATTACHMENT 2/PAGE 12 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 13 (M): LOC 50.07.007.2.f.i/Flag Lots—Landscape Strip
LOC 50.07.007.2.f.i Flag Lots—Landscape Strip
f.Screening, Buffering and Landscape Installation.
i. A minimum five-ft. landscape strip shall be provided between the access lane and the perimeter
of the development site when the shared access lane is located along the perimeter of the
development site.There shall be no obstruction from the ground to the sky; LOC 50.04.003.8
does not apply. Where land area is not sufficient to accommodate the five-ft.-wide landscape
strip, the reviewing authority may impose conditions of approval to include measures that will
provide effective buffering and screening.These measures may include landscaped islands,
fencing, and meandering access lane.
////
ITEM 13 (M): Staff recommends this amendment because landscaping needs sufficient height
clearance to grow in order to provide the required screening.This amendment clarifies that a
house cannot cantilever into the required 5-foot landscape strip required along an access lane
for a flag lot, and the same "no obstruction from the ground to the sky" setback prohibition
would be expressly included for this landscape strip. Also, 2 ft. building eves are not permitted
to encroach into the landscape strip as is permitted in yard setbacks per LOC 50.04.003.8.a.
LU 24-0029 ATTACHMENT 2/PAGE 13 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 14 (M): LOC 50.09.001.1 and LOC 50.09.003.1 /Enforcement and Penalties
LOC 50.09.001.1 Violations
LOC § 50.09.001. Violations Public Nuisance; Compliance with Required Covenant; Evidence
of Violation.
1.Violations Public Nuisance; Compliance with Required Covenant or Restriction.
a. Any development which occurs contrary to the provisions of this Code or contrary
to any permit or approval issued or granted hereunder is hereby declared to be
unlawful and a public nuisance, and may be abated pursuant to LOC§§ 34.08.400
to 34.08.490.
b. It shall be a violation of this Code for a property owner or homeowners association
to amend or rescind or fail to comply with any covenant, condition or restriction
required by the City pursuant to a development approval without approval of the
City.
LOC 50.09.003.1 Penalties
LOC § 50.09.003. Pcnaltics Civil Violations.
1. Civil Violation, Enforcement Fee; Separate Violations.
a. A violation of any provision of this Code is a civil violation and shall be enforced pursuant to
the provisions of LOC §§ 34.04.101 to 34.04.145.
b. A person who violates a provision of this Code shall pay an enforcement fee to the City in
an amount as established by resolution of the City Council.
c. Each day that the violation exists shall constitute a separate violation.
ITEM 14(M): Revise Enforcement and Penalties to strengthen and clarify what constitutes a
violation.
LU 24-0029 ATTACHMENT 2/PAGE 14 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 15 (M): LOC 50.10.003.2/Definitions—Flag Lot
LOC 50.10.003.2 Definitions—Flag Lot
FLAG LOT
A lot that was created after September 6, 1998, and:
a. Has the actual majority of the building site envelope located behind another lot; and
b. Takes access from the street via:
i. A driveway or access lane that is part of the lot and the lot width narrows to less
than the minimum tet width for the zone; or
ii. An access easement.
ITEM 15 (M):This amendment is to provide a "clear and objective" standard in the definition of
Flag Lot that if a lot has a majority(>50%square footage) of the area building envelope (the area
outside of the setbacks)that is behind another lot and it takes access via an easement,then it is
a flag lot. Otherwise,the definition is subjective.
LU 24-0029 ATTACHMENT 2/PAGE 15 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 16 (M): LOC 50.11.004 Appendix D Native Plant List
LOC 50.11.004 Appendix D Native Plant List
1. Native Plants.
The plants below are native to the Willamette Valley.They are adapted to local climate and soils.
Planted in the right location, they should thrive with little or no maintenance.
Native Tall Shrubs/Small Trees
Scientific Name Common Name
Acer circinatum Vine maple
// //
Sambucus racemosa Red elderberry
Spiraea douglasii Douglas spiraea
Symphoricarpos albus Snowberry
Vaccinium ovatum Evergreen huckleberry
Native Trees
Scientific Name Common Name
Abies grandis Grand fir
Salix sitchensis Sitka willow
Spiraea douglasii Douglas spiraea
Symphoricarpos albus
Taxus brevifolius Western yew
ITEM 16(M): Native Plant List (LOC 50.11.004, Appendix D) lists Snowberry and Douglas Spiraea
as trees, but they are actually shrubs.Therefore, this amendment lists the two species in the
shrub section of the Native Plant List.
LU 24-0029 ATTACHMENT 2/PAGE 16 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
POLICY AMENDMENTS
ITEM 1 (P): LOC 50.01.006.2.b/Demolition or Alteration of a Nonconforming
Dwelling
LOC 50.01.006.2.b
b. Demolition or Alteration of a Nonconforming Dwelling. In a residential zone, an existing
nonconforming residential dwelling shall be removed or brought into conformance with this Code
upon:
i. Demolition of the dwelling under LOC§45.12.100.1.d, except where demolition results from the
Building Official ordering the reconstruction of a wall under subsection 2.c of this section
because it is unsafe; or
ii. An increase in floor area of the dwelling by 50%or more where the total floor area of the
dwelling after the addition exceeds 90%of maximum allowed floor area, except as provided in
subsection 3 of this section.
EXCEPTIONS:
(a) This provision does not apply to a dwelling on the City Historic Landmark Designation List.
(b) In calculating whether the increase in floor area of the dwelling is 50%or more, new floor area
resulting from conversion of existing unfinished and enclosed space within the structure is
excluded, provided the conversion does not expand the building or increase roof height
(including dormers).
ITEM 1 (P):This amendment would add an exception to the nonconforming demolition or
alteration standards for dwellings that are on the historic landmark list. Currently, if an addition
is proposed to a historic dwelling that increases the floor area by 50%or more, it would require
the rest of the dwelling to be brought into full conformance with the code or demolition.
Demolition is contradictory to the purpose of the historic preservation section. LOC
50.01.001.2.b.i.
LU 24-0029 ATTACHMENT 2/PAGE 17 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 2 (P): LOC 50.01.006.4.b.ii(1)/Nonconforming Structures Other Than
Single-Family or Middle Housing Dwellings, Accessory Structures, and Historic
Landmarks.
LOC 50.01.006.4.b.ii Ability to Construct or Reconstruct Nonconforming Structure.
(1) Damage or Destruction to Nonconforming Structures of Less than 50%of the Structure
Replacement Cost. If a nonconforming structure is damaged or destroyed by any means from
any cause to the extent that the cost of rebuilding the damaged portions is less than 50%of the
current replacement cost of the entire building,the rebuilding may be reconstructed to the
extent that it was nonconforming, except that no portion of the structure shall be reconstructed
in the flood management area.
Item 2(P): LU 14-0018 (Ord. 2644) unintentionally made the limitation on reconstruction (50%
valuation of the existing structure) only apply to natural disasters, not removal or demolition of
portions of the structure(s)for remodeling projects because "damage" does not include
"dismantling of a building or site feature or portion of a building or site feature in the course of
voluntary reconstruction or repairs." [LOC 50.10.003.2].Thus, currently, nonconforming
commercial, industrial, or multi-family structures can only perform maintenance pursuant to
Subsection 2.c or bring the structure into full compliance.This was not the intent of the 2014
nonconforming code amendment.This amendment adds back the pre-2014 code text of
"destroyed by any means"to expand the cause of destruction beyond "damaged."
LU 24-0029 ATTACHMENT 2/PAGE 18 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 3 (P): LOC 50.03.004.2.b.i/Reduced Setbacks for Accessory Structures
LOC 50.03.004.2.b.i—Reduction of Side or Rear Yard Setbacks for Accessory Structures
i. Regular Lot. On a nonflag lot, a rear yard setback may be reduced to three ft. and a side yard
setback may be reduced to five ft. for an accessory structure in a residential zone if the structure
complies with the following criteria:
(1) The accessory structure is erected more than 40 ft.from any street. For the purposes of this
subsection, an alley shall not be considered a street.The side and rear setbacks for a
detached garage obtaining access from an alley may be reduced to three ft. or to the degree
the garage maintains access that provides an outside front wheel turning radius of at least 25
ft., whichever is greater.
(2) For an accessory structure greater than four ft. in height, the accessory structure is detached
from other buildings by three ft. or more.
(3) The accessory structure does not exceed a height of tt+12 ft. nor an area of 600 sq. ft.
footprint.
ITEM 3 (P):There is an ongoing issue with violations involving accessory structures placed too
close to the rear or side lot lines and not meeting the reduced setbacks. According to Code
Enforcement staff, a common height for accessory structures is 12 feet and some of the
violators did not understand the standards or do not understand that height is measured to
highest point, usually the peak of the roof.
Another issue is that the 10-foot height and 600 sq.ft.footprint are different than what is
referenced in the Building Code,where a structural building permit is not required if the
structure is less 200 sq. ft. or less in size and 15 ft. or less in height(measured to the roof
midpoint).The regulations cover the same type of structure, but with different limits and for
different purposes. Staff does not find a direct solution to ensure property owners do their due
diligence and understand that accessory structures that do not require a building permit still
must meet all of the Planning criteria.As noted,the Building Code measures height differently
than the Community Development Code (CDC);therefore, mirroring the two is not feasible
without changing the CDC building height definition. Staff proposes the following:
1. Public Outreach. (1) Implement a more effective public communication solution,such as a
warning on the building permit package that the CDC standards must still be met regardless
if a permit is not required; (2) Create a handout that clearly differentiates the Building Code
and CDC regulations.This item is in progress. A new handout is being created for small
accessory structures that highlights the Planning rules and Building permit requirements
that apply.
2. Increase Allowed Height. The code amendment would increase the maximum height to 12
feet to better align with the typical height of pre-fabricated accessory structures in order to
reduce the number of violations. Planning staff believes that the additional two feet of
height would generally not negatively affect neighbors.
LU 24-0029 ATTACHMENT 2/PAGE 19 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 4 (P): LOC 50.06.001.5/Building Design Standards—Buildings vs Structures
LOC 50.06.001.5.b.iii
iii. Design accessory structures, bus shelters, drinking fountains, benches, mailboxes, etc., to be
complementary in appearance to the main buildings.
ITEM 4(P):The commercial, industrial, and multi-family design standards are applicable to all
structures(including accessory structures), but most of the design criteria are only applicable to
buildings. Staff has previously applied the "complementary" criterion per Subsection 5.b.i to all
accessory structures even though they may not be perceived to be traditional "buildings".This is
a problem because some accessory structures without walls are not perceived as a typical
"building" and may not be suitable for design standards geared towards buildings with at least
two walls and a roof. For example, an accessory structure that may not be perceived as a
"building" is a fueling station canopy, because the structure only includes support posts and a
roof. However, it does meet the definition of"building" per LOC 50.10.003.2.This amendment
clarifies how to review accessory structures under the Building Design Standard by adding this
type of structure to Subsection 5.b.iii, which regulates similar structures including bus shelters,
drinking fountains, benches, mailboxes, etc.This would clarify that accessory structures have to
be complementary to the design and character of the main building on site.
LU 24-0029 ATTACHMENT 2/PAGE 20 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 5 (P): Multiple Sections/Applicability of Middle Housing "Land Division"
LOC 50.06.003.2 On-Site Circulation—Driveways& Fire Access
a. Applicability.This section is applicable to all development proposing a new use or an increased
use on a site when the development will result in the construction of or the increased use of
private streets, driveways, or parking lot aisles. Increased use shall be defined as an increase in
trip generation or parking requirement.
EXCEPTION:This provision does not apply to a middle housing land division (ORS 92.031).
LOC 50.06.003.3 On-Site Circulation—Bikeways,Walkways, and Accessways
a. Applicability.This section is applicable to all subdivisions (except middle housing land divisions
(ORS 92.031) and to all minor and major development involving the construction of a new
structure other than a detached single-family dwelling, middle housing dwelling, or accessory
structures.This section is also applicable to modifications which increase the square footage of
commercial, industrial, public use or institutional buildings by more than ten percent. For the
purposes of this section, an "existing building" is a building as it exists on February 19, 1998.
LOC 50.06.003.4 Street Connectivity
a. Applicability.This section is applicable to:
i. Any development that results in the construction of a street; or
ii. A land division (except middle housing land divisions (ORS 92.031)that:
(1) Is located on a parcel or parcels of vacant or redevelopable land of 1.75 acres or more, or
(2)Abuts a parcel upon which there is a street that has been "stubbed" to the proposed
development site.
////
LOC 50.06.003.5 Transit System
a. Applicability.This standard is applicable to all new subdivisions, planned developments, multi-
family residential developments, and new commercial, institutional and industrial
developments, and major public facility structures located on a transit street or within one-
quarter mile of a transit street.
EXCEPTION:This provision does not apply to a middle housing land division (ORS 92.031).
LOC 50.06.004.1 Landscaping, Screening,and Buffering
a. Applicability.
i. Except as provided in subsection 1.a.ii of this section,this section is applicable to:
(1)All major development;
LU 24-0029 ATTACHMENT 2/PAGE 21 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
(2) Multi-family dwelling;
(3) Major public facilities;
(4) Commercial development;
(5) Institutional development;
(6) Private recreational development;
(7) Industrial development;
(8) Subdivisions (except middle housing land divisions(ORS 92.031);
(9) Partitions(except middle housing land divisions(ORS 92.031); and
(10) Change of use that increases the number of required parking spaces by more than 25%.
/////
LOC 50.06.005 Park and Open Space Contributions
1.Applicability
a. Except as provided in LOC§ 50.06.005.1.b,this section is applicable to all major development, and
to the following minor developments:
i. Construction or alteration of multi-family dwelling;
ii. Construction or alteration of major public facilities;
iii. Construction or alteration of commercial development;
iv. Construction or alteration of institutional development;
v. Construction or alteration of private recreational development;
vi. Construction or alteration of industrial development; and
vii. Major partitions and subdivisions(except middle housing land divisions(ORS 92.031).
////
LOC 50.06.006.1 Weak Foundation Soils
a. Applicability.This section applies in all areas identified as "Potential Weak Foundation Soils"to all:
i. Minor and major development which will involve proposed structures, or
ii. Ministerial construction of structures where the requirements of this article have not been
previously applied to the development site.
EXCEPTION:This provision does not apply to a middle housing land division (ORS 92.031).
LU 24-0029 ATTACHMENT 2/PAGE 22 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
LOC 50.06.006.2 Hillside Protection
a. Applicability.This section applies in areas identified as "Slide Area," "Slide Hazard," or parcels that
have undisturbed slopes in excess of 12%, and where:
i. Minor and major development which will involve proposed structures, or
ii. Ministerial construction of structures where the requirements of this article have not been
previously addressed.
EXCEPTION:This provision does not apply to a middle housing land division (ORS 92.031).
ITEM 5 (P): Currently, Middle Housing Land Divisions (MHLD) are subject to the same
development standards as other land divisions (partitions and subdivisions) even though the
purpose is to divide land for ownership only (not development).The use of the phrase "land
division" is problematic where a number of standards are applicable but should not be.These
amendments clarify that MHLDs do not apply in the applicability section of each standard.
LU 24-0029 ATTACHMENT 2/PAGE 23 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 6 (P): LOC 50.08.002.2.a/Minor Variance for Generators
LOC 50.08.002.2.a
2. Minor Variance Classifications.
a. A variance for a single-family dwelling, middle housing dwelling, or an associated accessory
structure that does not comply with LOC§ 50.03.004.2.b, Reduction of Side or Rear Yard
Setbacks for Accessory Structures, provided:
i. Twenty percent or less reduction from yard setbacks or the Oswego Lake setback:
(1)The resulting side yard setback is not less than five ft.; and
(2) If located in the R-6 zone, a minor variance to front yard setbacks shall be limited to two
ft. or less; or
//
r. A variance to the setbacks for generators listed in LOC§ 50.03.004.a.iv and required front
setback of the zone.
ITEM 6(P): Currently, a major"hardship"variance is required to reduce setbacks for a
generator. Staff submits the major variance criteria are overly restrictive for this type of
permitted structure,with challenging criteria [LOC 50.08.004.3] and a required public hearing
before the Development Review Commission (DRC).
This amendment adds a minor variance classification specifically for setbacks related to the
placement of generators.The reasoning is that generators run temporarily during power
outages and during normal maintenance cycles where the unit temporarily turns on,which
would have a limited impact of surrounding properties compared to other mechanical
equipment, such as heat pumps or a/c units that can run continuously. Staff notes this option
would not limit the setback reduction to 20%or not less than a 5 ft. side yard setback as is
required in LOC 50.08.002.2.a.This option would allow any reduction to any setback as long as
the minor variance criteria are met,which requires analysis of impacts to public health and
safety [Criterion i.], material injury to surrounding properties [Criterion ii.], impacts to
streetscape [Criterion iii.], and impacts to physical and natural systems [Criterion iv.]. Minor
variances involve a minor development application that requires a pre-application conference
and public notice with a 14-day comment period.The staff decision could be appealed to the
DRC.
LU 24-0029 ATTACHMENT 2/PAGE 24 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 7 (P): LOC 50.10.003.2 /Definition of"Detached"
ITEM 7 (P): During the 2023 Annual Community Development Code amendments,the City
Council approved an amendment to clarify the definitions of duplex,triplex, and quadplex to
assure that the units are physically attached along common walls (25%was approved). During
the hearing, some councilors discussed that the definition of detached was confusing. City
Council directed staff to research the definition of"detached" and to see if it should be further
refined as part of the 2024 Annual CDC Amendments.
The definition of detached was created in 2013 with Ord. 2526 (LU 08-0054).The staff
commentary noted that the purpose of this definition is to require a separation distance that is
meaningful, in terms of visual separation between structures, and that three feet is the distance
separation for structures by the Building Code without fire wall requirements. Staff also noted
that requiring the 3-foot separation would "prevent two buildings from being detached
technically and therefore benefitting from accessory structure setbacks for one of them, while
appearing visually as a single mass because they could be only inches apart."
Staff finds that with the definitions of each specific housing type approved with the 2023 Annual
Community Development Code amendments,the general definition of detached only applies to
accessory structures, not between housing units. Staff is proposing two options (at the Planning
Commission's suggestion for public to provide testimony at the public hearing) to refine and
provide clarity on when an accessory structure is attached vs. detached, below.
Option#1
Accessory Structure(Accessory Building)
Any detached structure with no structural connection to the primary structure(excluding
breezeways no more than eight ft. in width measured from eave to eave,air conditioning units,
heat pumps,and similar attached or connected fixtures to the structure)and the use of which is
subordinate and consistent with that of the primary structure and which is consistent with the
structures and uses allowed in the zone in which it is located. Examples:garages, play structures,
sheds, and gazebos.
////
Dctachcd
A horizontal separation of three ft. or more, between the subject structure and nearby structures.
The separation shall be from eave to eave, or where there are n^ ^a es
measured between the closest elements (excluding breezeways no more than eight ft. in width
fixtures to the structure) of the two structures. (If the distance of separation is less than three ft.
between two structures,they shall be deemed to be "attached.")
LU 24-0029 ATTACHMENT 2/PAGE 25 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
ITEM 7 (P): Option#1 removes the definition of detached and adds language to the definition of
accessory structure to require no structural connection to the primary structure (excluding
breezeways, etc.).Staff finds the definition of detached is confusing for the public to apply and
for staff to administer. It is counter intuitive to define a structure as attached when there is no
physical connection between the structures. Staff has experienced difficulty with applying the
definition of detached with measuring the distance between structures from eave to eave,
which are often different heights. Other considerations are that the resulting development
includes a 3-foot area between two building eaves that is mostly unusable space, often paved,
and limits development on constrained sites.The minimum 3 ft. separation is commonly used
with accessory structures in order to qualify for reduced rear yard setbacks, and bonuses to
maximum lot coverage and/or floor area. For example, the rear yard setback for a primary
structure in the R-10 zone is 30 ft. compared to 15 ft. for an accessory structure. Conversely, the
definition can be used to "attach" an accessory structure to take advantage of the primary
structure allowances. For example an "attached"garage with a second floor is not limited to the
maximum 600 sq. ft.floor area required for an accessory structure over 18 ft. in height. No
other city researched uses the 3-foot separation metric to define attached or detached. Staff
submits that the minimum separation of 3 feet is not sufficient distance to truly provide
meaningful visual separation between structures. Option #1 fixes the confusion by requiring a
structural connection that is a common requirement used by other cities,which will be familiar
to builders/architects. By not requiring the 3-foot separation,there are more building layout
options on smaller sites and the option to provide covered areas with building eaves for walking
between structures; it would still have to meet required Building Code separation standards and
yard setbacks from lot lines.
[Staff notes that if the goal is to create a more meaningful visual separation between the
primary structure and accessory structures in order to qualify for the reduced setbacks, and
bonuses to maximum lot coverage/floor area,then staff recommends looking at revising the
dimensional standards to require a greater separation between structures instead of applying
the 3-foot separation for all accessory structures even if the reductions and/or bonuses are not
used.This could be an item to consider in the upcoming Code audits later this year.]
Option#2
Detached (Accessory Structure)
A horizontal separation of three ft. or more, between the subject accessory structure and nearby
structures.The separation shall be from eave to eave, or where there are no eaves, the separation
shall be measured between the closest elements (excluding breezeways no more than eight ft. in
width measured from eave to eave, air conditioning units, heat pumps, and similar attached or
connected fixtures to the structure) of the two structures. (If the distance of separation is less than
three ft. between two structures,they shall be deemed to be "attached.")
ITEM 7 (P): Option#2 retains the definition of detached and simply clarifies that it only applies
to an accessory structure in relation to the primary structure on the site, rather than the
relationship between two primary structures on the site (for example,two duplex units). It does
LU 24-0029 ATTACHMENT 2/PAGE 26 OF 27
PC Public Hearing 03/10/25
DRAFT: 02/24/2025
not fix the potential confusion with applying the definition in general or provide meaningful
separation between structures, but would keep the standard that everyone has used since the
2013.
LU 24-0029 ATTACHMENT 2/PAGE 27 OF 27
PC Public Hearing 03/10/25
EXHIBIT C-1
DRAFT: 03/26/2025
PLEASE NOTE THAT THESE DRAFT MINUTES HAVE NOT BEEN REVIEWED
OR APPROVED BY THE PLANNING COMMISION.
CITY OF LAKE OSWEGO
Planning Commission Minutes
ciiiiiiit
March 10, 2025
____ _____):
1. CALL TO ORDER
Chair Mitchell called the meeting to order at 6:31 p.m., in the Council Chamber of City Hall, 380
A Avenue, Lake Oswego, OR 97034.
2. ROLL CALL
Members present were: Chair Don Mitchell, and Commissioners Diana Moreno, Miles Rigby,
Dave Schenone, Jeremy Slyh, and Jim Thwing. Vice Chair Rachel Naujock was absent. Council
Liaison Aaron Rapf was also absent.
Staff present were: Jessica Numanoglu, Community Development Director; Erik Olson, Long
Range Planning Manager; Evan Boone, Deputy City Attorney; Evan Fransted, Senior Planner; Iris
McCaleb, Administrative Assistant; and Cristina Siquina Calderon, Administrative Support.
3. L. UNCIL UPDATE
Counci Rapf was not present to give his update.
4. MINUTES
4.1 February 10, 2025
Commissioner Rigby moved tc approve the Minutes of February 10, 2025, as written.
Commissioner Moreno seconded i., e motion, and it passed 6:0.
5. PUBLIC COMMENT- Regarding issues not c.n the agenda
None.
6. COMMISSION FOR CITIZEN INVOLVEMENT (CCI) - GENERAL UPDATES
The following announcements were made:
• Westridge and Blue Heron Neighborhood Associations -joint annuai general meeting
Tuesday, March 11, 2025.
• Mary's Landing Neighborhood Association - annual general meeting Thursday, ivnarch 20,
2025.
Respect, Excellence. Trust. Service.
503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
LU 24-0029 EXHIBIT C-1/PAGE 1 OF 4
7. PUBLIC HEARING
7.1 Community Development Code 2024 Annual Amendments (LU 24-0029)
The Commission held a hearing to consider the proposed text amendments to the Community
Development Code (CDC). Staff coordinator was Evan Fransted, AICP, Senior Planner.
Chair Mitchell opened the public hearing. Mr. Boone outlined the applicable criteria and
procedures (there being no citizens in attendance, the testimony guidelines were skipped).
There were no declarations of financial conflicts of interest.
Staff Report
Mr. Fransted detailed aspects of the following outline as part of his presentation of the staff
report. He relayed that one comment (from the Fair Housing Council of Oregon) was received
after the noon deadline and could not be accepted for tonight's hearing; however, it would be
included in the City Council Public Hearing record.
Overview
1. Project Schedule (in process)
o November 13, 2024: PC Work Session #1
o January 13, 2025: PC Work Session #2/Draft Code
o March 10, 2025: PC Public Hearing
o March 24, 2025: PC Findings Adopted
o April 15, 2025: City Council Public Hearing (if adopted by the City Council, the
effective date will be June 6, 2025).
2. Maintenance Amendments (16)— no items were revisited during this hearing.
3. Policy Amendments (7)
o Previous Policy Item #3: This item was removed from consideration following the last
work session— Middle Housing Land Division (MHLD) - courtyards/parking in
separate tracts or easements. Ms. Numanoglu reported that there were a number of
housing bills being considered at the state level, which could cause potential issues
with the adoption of additional courtyard standards.
o Policy Item #7 Options:
Option 1: Delete the definition of"Detached" and amend the definition of
"Accessory Structure" to include that there must be no structural connection to
the primary structure or
Option 2: Clarify that "Detached" would also apply to "Accessory Structures."
4. Any further questions or discussions
o Conclusion: Staff found that approval of the proposed Code amendments, including
either Option #1 or#2 for Policy Item #7, would comply with the applicable
Comprehensive Plan (CP) criteria.
Questions of Staff
Commissioner Rigby asked if it would be correct to say that Option #1 did not address the
concern that was previously noted, where an accessory structure could be placed remarkably
City of Lake Oswego Planning Commission
Minutes of March 10, 2025 Page 2 of 4
LU 24-0029 EXHIBIT C-1/PAGE 2 OF 4
close to another structure (part of the same visual mass). Mr. Fransted affirmed that this would
be correct because it did not include the separation distance. Commissioner Rigby then asked if
Option #2 attempted to say that the "Detached" definition only applied to accessory structures
(addressing that concern). Mr. Fransted answered that Option #2 did not address the concern,
rather, it only clarified that the definition would not apply between units. Commissioner Rigby
wondered why the accessory structure was not required to be more than 3-feet away from
another structure. Mr. Fransted amended his previous answer to say that the 3-foot separation
would remain with Option #2; adding that the purpose was not to increase the distance
because that would make development less flexible for constrained sites. Mr. Fransted
recommended that members choose Option #2 until they looked at the Code audits in the fall.
Ms. Numanoglu pointed out that one proposal before the Oregon State Legislature was to allow
all middle housing units to be either attached or detached, which would not affect accessory
structures. Commissioners discussed removing this Policy item completely versus choosing
Option #2. Mr. Boone noted that the distinction between primary (2 duplexes would remain
primary structures) and accessory had to do with setback provisions. Mr. Fransted added that it
also dealt with maximum lot coverage and maximum floor area.
Chair Mitchell closed the public hearing.
Deliberations
Members had no comments on the Maintenance or Policy items without options.
Regarding Policy Item #7, Chair Mitchell stated that he chose Option #2 because it did the least,
while still clarifying definitions and waiting to see if anything would change during the upcoming
legislative session.
Commissioner Moreno asked if this would require a motion and vote. Chair Mitchell affirmed that
members would need to vote on whether to recommend that the staff report be written into
Findings, with the chosen option indicated. Mr. Boone explained that there could be agreement
or disagreement over some of the items (where a straw poll would be taken and this would be
reflected to the City Council in the meeting minutes), but ultimately, the vote would need to
result in a recommendation on the entire package of proposed amendments. He suggested taking
a straw poll vote on this item.
Straw Poll results for Policy Item #7:
o Option #1: Delete "Detached" and amend "Accessory Structure" - no votes
o Option #2: "Detached" applying to "Accessory Structures" - unanimous consensus
o Option #3: Table this item for future consideration - no votes.
Chair Mitchell moved to recommend approval of the proposed Maintenance and Policy item
Code amendments as written, choosing Option #2 for Policy Item #7, and directing staff to return
with the Written Findings, Conclusion, and Order. Commissioner Moreno seconded the motion,
and it passed 6:0.
City of Lake Oswego Planning Commission
Minutes of March 10, 2025 Page 3 of 4
LU 24-0029 EXHIBIT C-1/PAGE 3 OF 4
8. ER BUSINESS
Chair Mitc announced that this would be Commissioner Schenone's last meeting and
thanked him for ' ime and efforts. Commissioner Schenone expressed his enjoyment in
serving with the Planni ommission; explaining that they were moving to West Linn. Staff
expressed appreciation for Co •ssioner Schenone's time and contributions serving on the
Planning Commission.
9. SCHEDULE REVIEW
Mr. Olson reviewed the schedule.
Action Items:
• Members will consider the Findings of LU 24-0029 and will review the Work r!an for 2025
on March 24, 2025 (this meeting will be held remotely).
10. ADJOURNMENT
There being no further business, Chair Mitchell adjourned the meeting at 7:09 p.m.
City of Lake Oswego Planning Commission
Minutes of March 10, 2025 Page 4 of 4
LU 24-0029 EXHIBIT C-1/PAGE 4 OF 4
EXHIBIT D-1
* PLANNING AND BUILDING SERVICES
H
V O
OREGO�
TO: Lake Oswego Planning Commission
FROM: Evan Fransted, AICP, Senior Planner
SUBJECT: 2024 Annual Code Amendments -Work Session #2 (LU 24-0029)
DATE: January 2, 2025 MEETING DATE:January 13, 2025
ACTION
The purpose of the work session is to provide the Planning Commission (Commission) with
additional information requested at the first work session on November 13, 2024, to become
more familiar with the proposed amendments, and the opportunity to ask additional clarifying
or background questions prior to conducting a public hearing. This memo summarizes the
maintenance items and the substantive policy code amendments (Policy Items#1-8) for further
feedback from the Commission. A matrix of all proposed amendments with commentary is
included as Attachment 1.
BACKGROUND
On January 13, 2025, the Commission will conduct its second work session for the proposed
amendments to the Community Development Code (CDC), LOC Chapter 50. This package is
referred to as the 2024 Annual Code Amendments, and includes 16 maintenance amendments
to clarify existing standards and 8 policy amendments. The 2024 Annual Code Amendments are
items that were primarily identified by staff through use and application of the Code.
In reviewing the list for the second work session, staff decided that three policy amendment
items should be removed from the list.
1. Previous Policy Item #1 regarding the City's authority to impose code violations was
removed because it was determined to not be necessary with Maintenance Item #14
(see below).
2. Previous Policy Item #5 regarding home occupations standards will be processed on a
separate code amendment track in order to allow sufficient time to conduct outreach
and develop the amendments.
3. Previous Policy Item #7 regarding sensitive lands mitigation planting requirements will be
addressed with the upcoming Tree Code amendment project.
The updated list of proposed amendments is below with the new numbering.
qq 33 K��s Respect. • f Trust.
503 LU 2 0029380 A AVENUE EXHIBI9D-1/PAGE 1 WG01QR 97034 WWW.LAKEOSWEGO.CITY
Page 2 of 4
CODE MAINTENANCE ITEMS (LOC Chapters 50.01, 50.03, 50.04, 50.05, 50.06, 50.07, 50.10 and 50.11)
Please see Attachment 1 for draft text amendments on these items with commentary.
ITEM TITLE CODE SECTION(S)
1. Clarify that only roof height may be raised 6 feet, not wall LOC 50.01.006.3.a.iv.
height, for nonconforming structures.
2. Amend Use Table [LOC Table 50.03.003-2] to specifically list LOC Table 50.03.003-2
retail sales in the IP zone subarea as permitted instead of
listing only Conditional Uses.
3. Remove incorrect "lot coverage" and "coverage" references LOC 50.04.003.8.a.
from the exceptions for building projections.
4. Clarify that the 10 ft. parking separation buffer requirement LOC 50.05.007.6.e.viii(5)
in Lake Grove Village Center Overlay (LGVC) only applies to
surface parking lots and not parking located within a
building.
5. Clarify that the Building Design standards apply to residential LOC 50.06.001.1 and .2
development in high density zones and add the R-0, R-2, and
R-3 zones to Table 50.06.001-1: Building Design Standards
Applicability.
6. Remove access spacing requirements that were already LOC 50.06.003.1.d.vi
moved to Chapter 42 as part of a previous non-CDC
amendment.
7. Remove reference to "private street" and replace with LOC 50.06.003.2.a
"street" and add "access lane".
8. For corner lots, reference required access spacing and sight LOC 50.06.003.2.b.i(1)
distance requirements in LOC 42.03.130(4).
9. Clarify that single-family dwellings and middle housing in the LOC 50.07.003.13.a.ii(1) or (2) &
DRDD, LGVC, and WLG overlays do not qualify as ministerial LOC 50.07.003.14.a.ii(14)
development and the minor development process applies.
Also, removes redundant minor development item for
residential infill design (RID) variances in R-DD zone, DRDD
and LGVC overlays.
10. Clarify which "non-residential" development qualifies for LOC 50.07.003.13.a.ii
ministerial development review by correcting an erroneous
reference in Subsection 13.a.ii.
11. Clarify that the Type II Tree Removal standards [LOC LOC 50.07.003.14.d.ii(3) and
55.02.080] are applicable to minor and major development LOC 50.07.003.15.d.ii(1)
permits, but not the tree protection standards.
12. Clarify that if a resource designation is being modified under LOC 50.07.004.8.a.ii and LOC
the Map Correction criteria of LOC 50.07.004.8.b, then the 50.07.003.14.d.ii(19)
application shall be processed as a minor development.
13. Clarify that a building cannot cantilever into the required 5- LOC 50.07.007.2.f.i
foot landscape buffer along an access lane of a flag lot and
LU 24-0029 EXHIBIT D-1/PAGE 2 OF 19
Page 3 of 4
that the exception to yard setbacks permitted per LOC
50.04.003.8.a for 2 ft. building eaves does not apply.
14. Revise Enforcement and Penalties to strengthen and clarify LOC 50.07.007.2.f
what constitutes a violation by inserting additional text to
state the violations are also civil violations, as defined by LOC
34.04.105, and enforceable pursuant to LOC Article 34.04.
15. Clarify in the definition of a flag lot that the majority (>50%) LOC 50.10.003.2
of the building envelope must be located behind another lot
to meet the definition of"Flag Lot".
16. Revise the Native Plant List to classify Snowberry and LOC 50.11.004, Appendix D
Douglas Spiraea as shrubs.
CODE POLICY ITEMS& DISCUSSION (LOC Chapters 50.01, 50.03, 50.06, 50.7, 50.8 and 50.10)
Discussion of policy items 1-8 follows table.
ITEM TITLE CODE SECTION(S)
1. For nonconforming dwellings, if a proposed addition or LOC 50.01.006.2.b
remodel increases floor area by 50% or more, full
conformance with current zone dimensional and design
standards is required or the applicant may choose
demolition. This amendment would add an exception for
nonconforming historic landmark dwellings.
2. This amendment adds back the pre-2014 code text of LOC 50.01.006.4.b
"destroyed by any means" to expand the cause of
destruction beyond "damaged" for reconstruction of
nonconforming commercial, industrial, or multi-family
structures (< 50%valuation of the existing structure).
3. When a Middle Housing Land Division (MHLD) is proposed in LOC 50.03.003.1.d.ii(1)
conjunction with a cottage cluster development, should the
courtyard or parking be required to be in a separate tract or
easements over the lots?
After hearing from the development community and
considering the advantage and disadvantages, absent PC
discussion to the contrary, staff will withdraw this item. See
commentary in Attachment 1 for more information.
4. Address an ongoing issue with violations involving accessory LOC 50.03.004.2.b.i
structures placed too close to the rear or side lot lines and
not meeting the non-zone related reduced side and rear yard
setbacks. Staff recommends the following:
1. Public Outreach. (1) Implement a more effective public
communication solution, such as a warning on the
building permit package that the CDC standards must still
be met regardless if a permit is not required; (2)Create a
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handout that clearly differentiates the Building Code and
CDC regulations.
2. Increase Allowed Height. A potential code amendment
could be to increase the maximum height to 12 feet to
better align with the typical height of pre-fabricated
accessory structures and hopefully reduce the number of
violations. Planning staff believes that the additional two
feet of height would generally not negatively affect
neighbors.
See commentary in Attachment 1 for more information.
5. Clarify the commercial building design standards that apply LOC 50.06.001.5
to accessory structures that may not be perceived as
traditional "buildings" such as free-standing canopies, picnic
shelters, or other similar accessory structures.
6. Clarify the standards that are not applicable to a Middle LOC 50.07.003.14.a.ii
Housing Land Division (MHLD).
7. Consider permitting minor variances to reduce required yard LOC 50.08.002.2.a
setbacks to located a generator.
8. Consider amending the definitions of "detached" and LOC 50.10.003.2, Definitions—
"accessory structure" to refine what is attached vs. Accessory Structure or Detached
detached. Staff is proposing two options to refine and
provide clarity on when an accessory structure is attached vs.
detached.
1. The first option deletes the definition of Detached and
adds to the definition of Accessory Structure that there
must be no structural connection to the primary
structure.
2. The second option simply clarifies that "detached"
applies to accessory structures.
See commentary in Attachment 1 for more information.
RECOMMENDATION
Provide final feedback on the code amendments to be presented at the public hearing with
regards to any items that require further analysis or if additional options should be considered
for the public hearing proposal. All other amendments will be included in the public hearing
draft. The public hearing, followed by Commission deliberation for recommendations to the
Council, is scheduled for March 10, 2025.
ATTACHMENTS
1. Draft Amendment Table, 12/27/2024
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ITEM# TOPIC/CODE SECTION DESCRIPTION
1 Nonconforming Roof Pitch Change The nonconforming standards allow a change in roof pitch on a nonconforming structure for a maximum of six feet. Staff recommends adjusting the language to clarify that only
roof height (not wall height) may be raised six feet, as follows:
LOC 50.01.006.3.a.iv.
iv. For residential structures, a change in roof pitch on a nonconforming portion of the structure may be permitted if the roof height is not increased by more than six ft.
above, attached to the existing wall top plate,and does not exceed the base zone height.
Draft diagram for LOC 50.01.006.3.a.iv.
MAXIMUM 6 FT.
CHANGE TO
/v _AA 11/I ROOF HEIGHT
/11, s
TOP PLATE
WALL PLATE HEIGHT
CANNOT BE RAISED
1 I
2 IP Zone Subarea—Expanded Uses (Retail) The Commercial, Mixed Use, Industrial, and Special Purpose Districts Use Table lists retail sales in three separate rows tied to gross floor area (GFA). In the IP zone, retail is noted
as a "C"for conditional use, with a note to Footnote [5], which calls out a specific subarea of the IP Zone where there is an expanded list of uses. Footnote [5] states retail sales
LOC Table 50.03.003-2 in the IP zone subarea are permitted if<_ 35,000 sq. ft. Staff recommends amending the Use Table to add a "P" in the IP zone column for retail to clarify that it is outright
permitted in the subarea:
Retail < 10,000 sq.ft. gross floor area ELC [5]
s
Retail >_ 10,000 and <20,000 sq. ft. gross floor area PLC [5]
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Retail >_ 20,000 sq.ft. gross floor area P [5]
3 Projections from Buildings Remove "lot coverage" and "coverage" references from the exemptions because the correct lot coverage exemptions/projections are captured by the LOC 50.10.003.2
definition of"Lot Coverage."
LOC 50.04.003.8.a.
Staff recommends the following code amendment:
Cornices, eaves, gutters, bay windows located on the ground floor(but not more than six ft. wide, with a maximum of two bay windows per building elevation), decorative
metal balconies (but not more than six ft. in length),flower boxes, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features
may project not more than two ft. into a required yard (as adjusted by LOC§ 50.04.003.3.a)or into required open space as established by lot coverage standards. Canopies,
sunshades, chimneys, and flues may project not more than two ft. into a required yard or into required open space as established by coverage standards, but in no event may
the projection be within five ft. of a side lot line.
4 LGVC Parking Facilities Edge Requirements This amendment would clarify that the parking separation buffer requirement only applies to surface parking and not enclosed parking within a building. It does not make sense
to apply the separation to a building that has upper floors above the parking or where the standard yard setback is less than the buffer.
LOC 50.05.007.6.e.viii(5)
(5) Surface_Parking Facility Edge Requirements
(a) Surface P-parking facilities shall be separated from a driveway, sidewalk, or pathway by a minimum five-ft.-wide landscaped area.Within this area, shade trees shall
be planted every 30 ft. Low sitting walls, benches and other pedestrian amenities oriented to sidewalks or pathways may be provided in the landscaped area.
(b) Surface P-parking facilities shall be separated from the exterior wall of a structure by a minimum of a ten-ft. buffer which may include a pedestrian pathway and/or
landscaped strip.
5 Applicability of High Density Residential Zones Incorporate applicability section LOC 50.06.001.2.a.i into Table 50.06.001-1 to clarify that those standards apply to residential development in high density zones. Staff
in Building Design recommends the following code amendment:
LOC 50.06.001.1 and .2 1. Applicability.
This section is applicable as follows:
TABLE 50.06.001-1: BUILDING DESIGN STANDARDS APPLICABILITY
/A/=Applicable/blank/= Not Applicable
Base District R-15 R-10 R-7.5 I R-6 R-5 R-3 R-2 R-0 Additional Standards
Structure Design-Residential Zones 50.06.001.2 A A A A A [1] A [11 A [11 A [11 § 50.05.006, Old Town Neighborhood Design
Garage Appearance and Location 50.06.001.4 A A A A A A [11 A[11 A[11 § 50.05.006, Old Town Neighborhood Design
Zone Additional Standards 50.06.001.3 (R-6) A
Commercial, Industrial,and Multi-Family Not Located in A [2][3]
FMU Zone Standards for Approval 50.06.001.5
Development Located in FMU Zone Standards for A [4]
Approval 50.06.001.6
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Notes:
Structure design sStandards only apply to detached single-family dwellings and middle housing, and structures that are accessory to these development types (see LOC
§ 50.06.001.2.a).
[2] Ministerial development: development involving mechanical equipment, limited to LOC§ 50.06.001.5.b.viii (mechanical equipment screening).
[3] Minor and major development: development involving a structure for commercial, industrial, institutional, public use (including major public facilities and minor public
facilities), multi-family residential, townhouses (three or more units), and to all minor development within the R-DD zone. This standard is also applicable to exterior
modifications of a structure which does not qualify as a ministerial development.
[4] Development involving either mechanical equipment,or development involving structures,or both, including new development and exterior modifications, in the FMU zone.
Subsection 2.a.i should be deleted to remove redundant language:
2. Structure Design—Residential Zones.
a. Applicability.
{1) Detached single family dwellings;
(3)Structures that are accessory to these development types listed above.
This subsection is applicable to all structures in any other base residential districts, except R-W and R-DD or otherwise noted in Table 50.06.001-1.
417 ii. Conversions of single-family dwellings that result in the creation of middle housing and are not classified as an expansion or addition are exempted from the
standards of this subsection; provided,that the conversion does not increase nonconformance with applicable standards.
i iii. For additions to single-family dwellings that result in the creation of middle housing,this subsection 2.a shall apply only to the newly added and any replaced
portion(s) of the structure. Existing nonconforming portions of the structure to remain in place are exempted from the standards of this subsection.
6 Access Spacing Requirements Subsection moved to LOC 42.03.130(4)(a) in 2023 Non-CDC Code Amendments [LOC 42.03.130(4)(a)].As a result, LOC 50.06.003.1.d.vi needs to be deleted, as follows:
LOC 50.06.003.1.d.vi . . ,
not cr ate a traffic operational or safety conflict.
Major Arterial 300
Minor Arterial 200
Major Collector 150
Neighborhood Collector 400
Local Residential Street 5.8
Local Commercial/Industrial Street 5.8
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ITEM# TOPIC/CODE SECTION DESCRIPTION
7 On-Site Circulation—Driveways&outdated This amendment removes "private street" and replaces it with either just street or access lane in keeping with the 2022 Code Amendments (LU 22-0038).
reference to "private street"
Recommended code amendment is listed below:
LOC 50.06.003.2.a
a. Applicability.This section is applicable to all development proposing a new use or an increased use on a site when the development will result in the construction of or
the increased use of privatc streets, access lanes, driveways, or parking lot aisles. Increased use shall be defined as an increase in trip generation or parking requirement.
8 Driveway approaches&street classification This standard states that for corner lots,the nearest edge of the driveway shall be a minimum 30 ft. from the intersection,which does not consider the classification levels of
levels the street.The Transportation System Plan (TSP) proximity guidelines range from 50-150 ft., depending on the level of the street (local, collector, arterial).This section should
reference LOC 42.03.130.4 for consistency, as follows:
LOC 50.06.003.2.b.i(1)
i. Driveway Approaches—Locational Limitations and Restrictions.
(1) On corner lots where the adjacent streets are fully improved to their anticipated ultimate width,the nearest edge of a proposed driveway to the intersection shall be
no closer than 30 ft. when measured from the projected curb of the street that is the most parallel to the alignment of the proposed driveway and in accordance with
the access spacing and sight distance requirements in LOC 42.03.130(4).
9 Ministerial & Minor Development Process for LOC 50.07.003.13.a.ii(2)—Ministerial Development
Outright Permitted Residential Development in
the DRDD and LGVC Overlays Ministerial Development, Subsection 13.a.ii(2) should clearly state that single-family dwellings and Middle Housing in the DRDD, LGVC and WLG overlays do not qualify as
ministerial development.
LOC 50.07.003.13.a.ii(2) & LOC
50.07.003.14.a.ii(14) Recommended code amendments are listed below:
(2) Construction or exterior modification of a detached single-family dwelling, accessory dwelling unit, middle housing, or a structure accessory to such structures which:
(a) Is not processed through the residential infill design review process pursuant to LOC§ 50.08.003.2.e;
(b) Is not located within a delineated RP resource, RC protection area, or HBA protection area pursuant to LOC§ 50.05.010, Sensitive Lands Overlay Districts;
(c) Does not impact a historic landmark designated pursuant to LOC§ 50.06.009;
(d) Is not located within a Historic District;
(e) Does not change the nature of the use or occupancy classification to a use that does not qualify as a permitted use in the zone or as an approved conditional use;
(f) Does not require special design review by the zone, design district(i.e.the Downtown Redevelopment Design District,West Lake Grove Overlay District or Lake
Grove Village Overlay District), prior development approval or Overall Development Plan and Schedule (ODPS)for the development in which the subject property is
located; or
(g) Is not located in the Greenway Management Overlay District, as identified in LOC§ 50.05.009.
(h) Is not middle housing located in a commercial, industrial or mixed use zone, as identified in LOC§ 50.02.002.1.
(i) Is not middle housing located in a special purpose zone, as identified in LOC§ 50.02.003.
LOC 50.07.003.14.a.ii(14)—Minor Development
Staff noted that Minor Development Subsection 14.a.ii(14) is poorly written and confusing. In looking closely at this subsection, it is actually redundant. Residential infill Design
(RID) Review design variances are classified as minor development per Subsection 14.a.ii(15). RID variances are not allowed in the R-DD zone or a design district (Downtown
Redevelopment Design District,West Lake Overlay District, and Lake Grove Village Overlay District) per LOC 50.08.003.2.e. Staff recommends removal of Subsection 14.a.ii(14).
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Grove Village Overlay District, when processed through the residential infill design review process (LOC§ 50.08.003.2.c}.
10 Ministerial Development Classifications For "non-residential" development to qualify for ministerial review, all the qualifiers in that subsection apply, not the incorrect reference to Subsections 13.a.ii(2)(a) through (f)
as currently stated in the code.The recommended code amendment is below:
LOC 50.07.003.13.a.ii(3)
(3) Exterior modification of a structure other than a detached single-family dwelling, accessory dwelling unit, middle housing, or structure accessory to such structures
which:
(a) Does not increase building footprint or height, except if the increase in building height is required to comply with Building or Fire Codes and does not substantially
modify any street-facing facade, or the increase in building footprint is 100 sq. ft. or less and does not substantially modify any street-facing facade;e-and
(b) Does not modify, either by itself or cumulatively with prior modifications after December 1, 2011, more than 25%of the facade, as the facade existed on December 1,
2011, excluding in both cases a change of color of the facade;e-and
(c) If the property abuts property zoned for residential use, does not modify any portion of the facade visible from the residentially zoned property;0-F and
(d) Does not modify any facade, including change of color of facade,for a building that was the subject of a prior development review approval ("change of color" occurs
when the new color is not within the shades or tones of the approved color); e-r and
(e) Does not result in additional illumination of the facade, including accent lighting,for a building that was the subject of a prior development review approval; and
(f) Is not located within a delineated RP resource, RC protection area, or NBA protection area pursuant to LOC§ 50.05.010, Sensitive Lands Overlay Districts; and
(g) Does not impact a historic landmark designated pursuant to LOC§ 50.06.009; and
(h) Is not located within a Historic District; and
(i) Does not change the nature of the use or occupancy classification to a use that does not qualify as a permitted use in the zone or as an approved conditional use;
and
(j) Does not require special design review by the zone, design district, prior development approval or Overall Development Plan and Schedule (ODPS)for the
development in which the subject property is located; and
(k) Is not located in the Greenway Management Overlay District, as identified in LOC§50.05.009; and
11 Limiting incorporation of"Tree Cutting For LU 23-0020,the Development Review Commission (DRC)found that the tree protection requirements during construction per LOC Article 55.08 are not"applicable criteria
Chapter"to only Tree Removal for minor and and standards"for the development permit under LOC 50.07.003.14.d.ii(3).The Commission applied the context provided by LOC 55.02.035, LOC Article 55.06, and LOC
major developments 55.08.010(2)to interpret the scope of LOC 50.07.003.14.d.ii(3)'s reference to the "the tree cutting chapter(LOC Chapter 55)" as meaning to the extent provided by LOC Chapter
55, i.e., LOC Article 55.02, and not the tree protection standards of LOC Article 55.08 as criteria for a minor development permit.The reference to "tree cutting chapter" should
LOC 50.07.003.14.d.ii(3) be removed and replaced with "removal" to make it clear that tree protection does not apply.
LOC 50.07.003.15.d.ii(1)(d) The recommended code amendments are listed below:
Subsection 14.d.ii(3):
(3)Any additional statutory, regulatory or Lake Oswego Code provisions which may be applicable to the specific minor development application, as provided for in this
Community Development Code (LOC Chapter 50), Stormwater Management Code (LOC Article 38.25), streets and sidewalks chapter(LOC Chapter 42), and the tree cutting
chapter removal (LOC Chapter 55.02); and
Subsection 15.d.ii(1)(d):
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(d) Any additional statutory or Lake Oswego Code provisions which may be applicable to the specific major development application, such as the variance provisions,
Stormwater Management Code (LOC Article 38.25),the streets and sidewalks chapter(LOC Chapter 42), and the tree cutting chapter removal (LOC Chaptcr Article 55.02);
and
12 RP District Modification: Map Correction or Re- There is a conflict as to the major development v. minor procedure process to "modify" designations of Sensitive Lands of a small number of parcels between LOC
delineation 50.07.004.8.a.ii (see also LOC 50.07.003.16.a.ii—major development)v. LOC 50.07.008.b.iii(2) minor development. If the resource designation is being modified under the Map
LOC 50.07.004.8.a.ii and Correction criteria of LOC 50.07.004.8.b,then the "specific controls over the general" and Map Corrections of designations should be processed as a minor development. Minor
Development LOC 50.07.003.14.d.ii(19) must be amended to include the reference to map corrections as well.
LOC 50.07.003.14.d.ii(19)
The following code amendments are recommended:
LOC 50.07.003.14.d.ii(19):
(19) Delineation of an RP district and a map correction of RC or RP district.
LOC 50.07.004.8.a.ii:
ii. Procedure.An RP, RC, or HBA designation may be applied, modified or removed pursuant to either a City or area-wide Goal 5 analysis or a Goal 5 analysis of a single
property or small number of individual properties.A City-wide or area-wide analysis shall be processed as a legislative Comprehensive Plan Map and Zoning Map
amendment pursuant to LOC § 50.07.003.16.a.i. an analysis affecting a single property or small number of individual properties shall be processed as a quasi-judicial
Comprehensive Plan Map and Zoning Map amendment pursuant to LOC § 50.07.003.16.a.ii, except a Map Correction under LOC§50.07.004.8.b.iii(2) is a minor
development decision.
13 Flag Lots—Landscape Strip Clearance above This amendment clarifies that a house cannot cantilever into the required 5-foot landscape strip required along an access lane for a flag lot.There is also a question if 2 ft.
strip building eves are permitted to encroach into the landscape strip as is permitted in yard setbacks per LOC 50.04.003.8.a. Staff concluded that LOC 50.04.003.8.a does not apply
because the landscaping needs sufficient height clearance to grow in order to provide the required screening.
LOC 50.07.007.2.f.i
f. Screening, Buffering and Landscape Installation.
i.A minimum five-ft. landscape strip shall be provided between the access lane and the perimeter of the development site when the shared access lane is located along the
perimeter of the development site.There shall be no obstruction from the ground to the sky; LOC 50.04.003.8 does not apply.Where land area is not sufficient to
accommodate the five-ft.-wide landscape strip,the reviewing authority may impose conditions of approval to include measures that will provide effective buffering and
screening.These measures may include landscaped islands, fencing, and meandering access lane.
14 Enforcement and Penalties Revise Enforcement and Penalties to strengthen and clarify what constitutes a violation.
LOC 50.09.001.1; The recommended code amendment is listed below:
LOC 50.09.003.1
LOC § 50.09.001. Violations Public Nuisance; Compliance with Required Covenant; Evidence of Violation.
1.Violations Public Nuisance; Compliance with Required Covenant or Restriction.
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a. Any development which occurs contrary to the provisions of this Code or contrary to any permit or approval issued or granted hereunder is hereby declared
to be unlawful and a public nuisance, and may be abated pursuant to LOC §§ 34.08.400 to 34.08.490.
b. It shall be a violation of this Code for a property owner or homeowners association to amend or rescind or fail to comply with any covenant, condition or
restriction required by the City pursuant to a development approval without approval of the City.
LOC § 50.09.003.Penalties Civil Violations.
1. Civil Violation, Enforcement Fee; Separate Violations.
a. A violation of any provision of this Code is a civil violation and shall be enforced pursuant to the provisions of LOC§§ 34.04.101 to 34.04.145.
b. A person who violates a provision of this Code shall pay an enforcement fee to the City in an amount as established by resolution of the City Council.
c. Each day that the violation exists shall constitute a separate violation.
15 Definitions—Flag Lot The questions arose if a lot could be considered a Flag Lot even though it had frontage on a public street that met the minimum lot width of the zone. It was determined that if a
LOC 50.10.003.2 lot has a building site (envelope)that is partially behind another lot and it takes access via an easement,then it is a flag lot. Otherwise,the definition is too subjective.This
amendment would make it clear that the entire building envelope must be located behind another lot to meet the definition of Flag Lot.
The recommended code amendment to the definition of flag lot is as follows:
FLAG LOT
A lot that was created after September 6, 1998, and:
a. Has the actual majority of the building site envelope located behind another lot; and
b. Takes access from the street via:
i. A driveway or access lane that is part of the lot and the lot width narrows to less than the minimum let width for the zone; or
ii. An access easement.
16 LOC 50.11.004 Appendix D Native Plant List Native Plant List(LOC 50.11.004, Appendix D) lists Snowberry and Douglas Spiraea as trees, but they are actually shrubs and should be moved to the shrub section of the Plant
List.
The recommended code amendment is:
1. Native Plants.
The plants below are native to the Willamette Valley.They are adapted to local climate and soils. Planted in the right location,they should thrive with little or no
maintenance.
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Native Tall Shrubs/Small Trees
Scientific Name Common Name
Acer circinatum Vine maple
// //
Sambucus racemosa Red elderberry
Spiraea douglasii Douglas spiraea
Symphoricarpos albus Snowberry
Vaccinium ovatum Evergreen huckleberry
Native Trees
Scientific Name Common Name
Abies grandis Grand fir
Salix sitchensis Sitka willow
// //
Spiraca douglasii Douglas spiraco
Symphoricarpos albus Snowberry
Taxus brevifolius Western yew
// //
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ITEM# TOPIC/CODE SECTION DESCRIPTION
1 Demolition or Alteration of a Nonconforming This amendment would add an exception for dwellings that are on the historic landmark list. Currently, if an addition is proposed that increases the floor area by 50%or more, it
Dwelling would require the rest of the historic dwelling to be brought into full conformance with the code or demolished.This is contradictory to the purpose of the historic preservation
code.
LOC 50.01.006.2.b—
The recommended code amendment is below:
b. Demolition or Alteration of a Nonconforming Dwelling. In a residential zone, an existing nonconforming residential dwelling shall be removed or brought into
conformance with this Code upon:
i. Demolition of the dwelling under LOC§45.12.100.1.d, except where demolition results from the Building Official ordering the reconstruction of a wall under subsection
2.c of this section because it is unsafe; or
ii.An increase in floor area of the dwelling by 50%or more where the total floor area of the dwelling after the addition exceeds 90%of maximum allowed floor area,
except as provided in subsection 3 of this section.
EXCEPTIONS:
(a) This provision does not apply to a dwelling on the City Historic Landmark Designation List.
(b) In calculating whether the increase in floor area of the dwelling is 50%or more, new floor area resulting from conversion of existing unfinished and enclosed space
within the structure is excluded, provided the conversion does not expand the building or increase roof height (including dormers).
2 Nonconforming Structures Other Than Single- LU 14-0018 (Ord. 2644) unintentionally made the limitation on reconstruction (50%valuation of the existing structure) only apply to natural disasters, not removal or demolition
Family or Middle Housing Dwellings,Accessory of portions of the structure(s)for remodeling projects because "damage" does not include "dismantling of a building or site feature or portion of a building or site feature in the
Structures, and Historic Landmarks. course of voluntary reconstruction or repairs." [LOC 50.10.003.2].Thus, currently, nonconforming commercial, industrial, or multi-family structures can only perform
maintenance pursuant to Subsection 2.c or bring the structure into full compliance.This is overly restrictive and not the intent of the original Nonconforming code amendment.
LOC 50.01.006.4.b This amendment adds back the pre-2014 code text of"destroyed by any means"to expand the cause of destruction beyond "damaged."
Recommended code amendment is below:
(1) Damage or Destruction to Nonconforming Structures of Less than 50%of the Structure Replacement Cost
If a nonconforming structure is damaged or destroyed by any means from any cause to the extent that the cost of rebuilding the damaged portions is less than 50%of
the current replacement cost of the entire building, the rebuilding may be reconstructed to the extent that it was nonconforming, except that no portion of the
structure shall be reconstructed in the flood management area.
3 Middle Housing Courtyard with MHLD When a Middle Housing Land Division (MHLD) is proposed, should the courtyard and/or parking be required to be in a separate tract or should easements over the lots be
allowed?The concern is that the owners of each cottage may treat the courtyard area that is on their"lot" as their own and may erect fences or other structures as if it was
LOC 50.03.003.1.d.ii(1) their private yard.The Department of Land Conservation and Development (DLCD) has indicated that they believe both options (tract or easement) are available to the
applicant. An alternative to requiring a separate tract would be to impose conditions with the MHLD to prevent encroachment into the courtyard if easements are provided,
which would be enforceable by the City.
Staff reached out to developers of cottage clusters, as well as consultants and others with experience on this issue to get their opinion (see Cottage Cluster MHLD Feedback
table). It was generally acknowledged that the potential for people to treat the common courtyard as their own yard and erect fences or other encroachments within the
courtyard is an issue. However, several pointed out that the issue can be addressed by the reciprocal easements on the final plat of the MHLD (stating each benefited lot has the
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easement right to use the courtyard and that the lot with the courtyard will be burdened by the others' easements) as well as it being a code violation of the conditions on the
approval. All the developers stated they would prefer to have the option of either a tract or easement as is currently allowed.
Pros: Locating the courtyard in a tract tends to be better for enforcement since the cottage owner's property line would not extend into the common courtyard and
encroachments would be clearer.The tract boundaries and lot lines for each individual lot are clearly shown on the plat and described in the deeds.This could reduce the
number of violations because property owners would be more aware of where the lot lines are located. However,the tract boundaries are not marked on the ground.The
property owner still may not know where the lot lines are located.
Cons: Requiring one over the other provides less flexibility for developers and makes it "harder to deliver the site plan that works with cottages." Requiring a tract means the
cottages have to meet Building Code minimum fire separation distance of 3 feet from an internal lot line or include fire walls. Staff did not find any city that requires tracts over
easements at this time. If tracts are required,the City may be more restrictive than other cities, which could be a detriment to building cottage clusters. Requiring tracts over
easements could be perceived as a barrier to housing in general.
After hearing from the development community and considering the advantage and disadvantages, absent PC discussion to the contrary, staff will withdraw this item and leave
the current code as is to allow the most flexibility.
4 Reduced Setbacks for Certain Accessory Per LOC 50.03.004.2.b.i, for regular lots,there is a non-zone related reduced side and rear yard setbacks for certain smaller accessory structures in specific locations: 5-foot sides
Structures and 3-foot rear.These structures must also be at least 40 feet from a public street (not an alley) and separated from all other buildings (not structures) by at least 3 feet.The
issue is with the 3rd criterion: The accessory structure does not exceed a height of ten ft. nor an area of 600 sq.ft.footprint.
LOC 50.03.004.2.b.i
There is an ongoing issue with violations involving accessory structures placed too close to the rear or side lot lines and not meeting the setbacks. According to Code
Enforcement staff, a common height for accessory structures is 12 feet and some of the violators did not understand the standards or do not understand that height is
measured to highest point, usually the peak of the roof.Another issue is that the 10-foot height and 600 sq.ft.footprint are different than what is referenced in the Building
Code, where a structural building permit is not required if the structure is less 200 sq. ft. or less in size and 15 ft. or less in height(measured to the roof midpoint).The
regulations cover the same type of structure, but with different limits and for different purposes.
In looking at the legislative history, the accessory structures setback reductions provision has been part of the code since 1947.The provision has been modified many times
over the years. In 1963,the zoning code allowed a side and rear yard reduction up to two feet for accessory structures more 65 feet from a street, detached from other
buildings by at least 5 feet, not exceeding a height of one story nor an area of 450 sq.ft. Between 1977 and 1982,the code was modified from a maximum one story in height to
10 feet in height and 600 sq.ft. in area. In 2013 (Ord. 2526),the maximum 600 sq. ft. in area was changed to include only the footprint area "because not all accessory
structures have "floor area", i.e. mechanical equipment, pumps, etc."
In researching other cities' standards, reductions to the side and rear setbacks for accessory structures are common with most cities using similar metrics.There are a few cities
that allow a reduction to the side and rear setbacks for accessory structures to 3-5 ft. with maximum height of 15 ft. (West Linn and Tigard) or even 17 ft. (Oregon City) with a
maximum area of 500-600 sq. ft.
At this time, staff does not find a direct solution to ensure property owners do their due diligence and understand that accessory structures that do not require a building permit
still must meet all of the Planning criteria. It may not be reasonable, because of the different regulatory purposes,to match this provision to the Building Code permit
requirement when doing so would allow accessory structures up to 15 feet in height to be located 3 feet from a rear lot line when only 10 feet in height is currently permitted.
As noted,the Building Code measures height differently than the Development Code; therefore, mirroring the two is not feasible without changing the CDC building height
definition,which would add another layer of complexity; this would not be advised.
Staff recommends the following:
1. Public Outreach. (1) Implement a more effective public communication solution, such as a warning on the building permit package that the CDC standards must still be met
regardless if a permit is not required; (2)Create a handout that clearly differentiates the Building Code and CDC regulations.
2. Increase Allowed Height. A potential code amendment could be to increase the maximum height to 12 feet to better align with the typical height of pre-fabricated accessory
structures and hopefully reduce the number of violations. Planning staff believes that the additional two feet of height would generally not negatively affect neighbors.
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5 Commercial Building Design Standard— This standard is applicable to all structures (including accessory structures), but most criteria are only applicable to buildings. Staff has previously applied the "complementary"
Buildings vs Structures criterion per Subsection 5.b.i to all accessory structures even though they may not be perceived to be traditional "buildings".This is a problem because some accessory
LOC 50.06.001.5, structures without walls are not perceived as a typical "building" and may not be suitable for design standards geared towards buildings with at least two walls and a roof. For
example, an accessory structure that may not be perceived as a "building" is a fueling station canopy, because the structure only includes support posts and a roof. However, it
does meet the definition of"building" per LOC 50.10.003.2.This amendment would clarify how to review accessory structures under the Building Design Standard by adding this
type of structure to Subsection 5.b.iii, which regulates similar structures including bus shelters, drinking fountains, benches, mailboxes, etc.This would clarify that accessory
structures have to be complementary to the primary building's design and character.
Recommended code amendment is below:
iii. Design accessory structures, bus shelters, drinking fountains, benches, mailboxes, etc.,to be complementary in appearance to the main buildings.
6 Middle Housing"Land Division" Currently, Middle Housing Land Divisions(MHLD) are subject to the same development standards as other land divisions(partitions and subdivisions) even though the purpose
is to divide land for ownership only(not development).The use of the phrase "land division" is problematic where a number of standards are applicable but should not be. Staff
LOC 50.10.003.2 Definitions recommends clearing stating in the applicability section of each standard that does not apply to MHLDs.
Recommended code amendment is below:
State in each section below that the standards do no apply to MHLDs:
On-Site Circulation—Driveways& Fire Access [LOC 50.06.003.2]
On-Site Circulation—Bikeways,Walkways, and Accessways [LOC 50.06.003.3]
Street Connectivity [LOC 50.06.003.4]
Transit [LOC 50.06.003.5]
Landscaping,Screening, and Buffering [LOC 50.06.004.1]
Park and Open Space Contributions [LOC 50.06.005]
Hillside Protection [LOC 50.06.006.2]
Solar Access—Design [LOC 50.06.007.1.c];Solar Adjustments—Solar Design [LOC 50.04.004.1]
7 Generators There have been multiple pre-application conference requests to locate generators in required yard setbacks. All requests would have required major variances to reduce
setbacks as proposed, which seems extreme for the type of structure with challenging criteria [LOC 50.08.004.3] and a required public hearing before the Development Review
LOC 50.08 Variances Commission (DRC).
In researching other cities' standards, staff could not find any specific location regulations for generators, except in relation to telecommunication facilities. Generators are
typically treated the same as other mechanical equipment or accessory structures. Some cities do not have setback requirements for mechanical equipment, only screening
standards (Milwaukie and Wilsonville). Some cities allow reduced setbacks for mechanical equipment as long as certain screening standards are met(Portland). Most cities have
some kind of variance that can be applied for if necessary. Staff did not find another city that required a major(hardship)variance for generators or mechanical equipment. No
researched city had specific noise or fume standards for generators, except in relation to telecommunication facilities.
Staff recommends adding a minor variance classification specifically for setbacks related to the placement of generators.The reasoning is that generators run temporarily during
power outages and during normal maintenance cycles where the unit temporarily turns on,which would have a limited impact of surrounding properties compared to other
mechanical equipment, such as heat pumps or a/c units that can run continuously. Please note this option would not limit the setback reduction to 20%or not less than a 5 ft.
side yard setback as is required in LOC 50.08.002.2.a, below.This option would allow any reduction to any setback as long as the minor variance criteria are met,which requires
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analysis of impacts to public health and safety [Criterion i.], material injury to surrounding properties [Criterion ii.], impacts to streetscape [Criterion iii.], and impacts to physical
and natural systems [Criterion iv.]. Minor variances involve a minor development application that requires a pre-application conference and public notice with a 14-day
comment period.The staff decision could be appealed to the DRC, but a public hearing is not required.
LOC 50.08.002.2.a
2. Minor Variance Classifications.
a. A variance for a single-family dwelling, middle housing dwelling, or an associated accessory structure that does not comply with LOC§ 50.03.004.2.b, Reduction of Side
or Rear Yard Setbacks for Accessory Structures, provided:
i. Twenty percent or less reduction from yard setbacks or the Oswego Lake setback:
(1)The resulting side yard setback is not less than five ft.; and
(2) If located in the R-6 zone, a minor variance to front yard setbacks shall be limited to two ft. or less; or
r. A variance to the setbacks for generators listed in LOC§ 50.03.004.a.iv and required front setback of the zone.
8 Definition of"Detached" During the 2023 Annual Community Development Code amendments,the City Council approved an amendment to clarify the definitions of duplex,triplex, and quadplex to
assure that the units are physically attached along common walls.There was discussion about the minimum percentage that units must be attached (25%was approved), but
LOC 50.10.003.2— some councilors discussed whether the definition of detached was confusing.The location of the common wall attachment between the units was also discussed, and the City of
Bend's definition was referenced. City Council directed staff to research the definition of"detached" per LOC 50.10.003.2, and to see if it should be further refined as part of the
2024 Annual CDC Amendments.
For reference, below is the definition of Duplex adopted during the 2023 Annual CDC amendments. [The definitions of other Middle Housing types: triplex, quadplex, and
townhouse, include the same minimum 25%shared wall component.]
LOC 50.10.003.2 Definitions—Duplex
Two attached dwelling units on a lot where each unit shares at least one common wall or floor/ceiling with an adjacent dwelling unit.The common wall shall consist of a
structural wall that is shared for at least 25%of the length of the side of each dwelling unit or the common floor/ceiling shall consist of at least 25%of the floor area of each
dwelling unit.
LOC 50.10.003.2 Definitions—Detached
A horizontal separation of three ft. or more, between the subject structure and nearby structures.The separation shall be from eave to eave, or where there are no eaves,
the separation shall be measured between the closest elements (excluding breezeways no more than eight ft. in width measured from eave to eave, air conditioning units,
heat pumps, and similar attached or connected fixtures to the structure) of the two structures. (If the distance of separation is less than three ft. between two structures,
they shall be deemed to be "attached.")
The definition of detached was added to code in 2013 with Ord. 2526 (LU 08-0054).The staff commentary for the addition of the definition was as follows:
"The Code provides for different setbacks and requirements for attached v. detached structures. The purpose of this definition is to require a separate distance which is
meaningful, in terms of visual separation between structures. Three feet is the distance separation for structures by the Building Code without fire wall requirements.
The three foot separation would not apply to breezeways, air conditioning units, heat pumps, and the like, as these small attachments to a structure do not result in the
perception that the two structures are attached or joined."
Staff also noted in additional memos for LU 08-0054 that there are different setback requirements for attached vs. detached structures and that requiring the 3-foot separation
would "prevent two buildings from being detached technically and therefore benefitting from accessory structure setbacks for one of them, while appearing visually as a single
mass because they could be only inches apart."So,the creation of the detached definition was really about defining when the accessory structure vs. primary structure setbacks
apply.
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In researching other cities' standards, staff found two methods for defining attached vs. detached. One method is to have a common definition of attached or detached (Tigard,
Portland, and Bend).The other method is to include the definition of attached in each specific dwelling type (West Linn, Oregon City, Milwaukie, Wilsonville, Gladstone, and
Tualatin). For example, Oregon City defines "Single-family detached units" as:
"Single-family detached residential units" means one principal or primary dwelling unit per lot that is freestanding and structurally separate from other dwelling units on the
site, except accessory dwelling units.This includes manufactured homes. [OCMC 17.04.1140].
Currently,the CDC includes both methods with the definition of detached and the definitions of under each type of dwelling unit (duplex, dwelling—multi-family, dwelling-
single-family detached, triplex, quadplex, and townhouse). Staff finds that with the definitions of each specific housing type,the general definition of detached is no longer
necessary and really only pertains to accessory structures. A logical solution would be to remove the definition of detached because as the Council pointed out, it is confusing to
define attached with a detached definition,which includes a minimum separation requirement (3 ft.). No other city researched uses such a provision. It is also counter intuitive
to define a structure as attached if they are physically separated, even if only by inches. One issue with removing the definition is then how do we prevent accessory structures
from being placed close to a primary structure or other accessory structures so that they may appear attached? Is this still an issue? Staff has experienced difficulty with
applying this standard over the years (since 2012)with measuring the distance between structures. Other considerations are that the resulting development includes a 3-foot
area between two building eaves that is mostly unusable space, often paved, and limits development on constrained sites. By not requiring the 3-foot separation, developers
would have more layout options on smaller sites to provide housing, but would still have to meet required setbacks from lot lines and building code separation standards.
Another issue with removing the definition of detached would be to lose the exception for breezeways, air conditioning units, heat pumps, and similar attached or connected
fixtures to the structure that is part of the definition.This could be solved by incorporating the exception into the definition of accessory structure.
As for Bend's definition of"attached" (below) and considering if there should be locational standards where dwellings should be attached, staff's opinion is that Bend's
definition could be confusing to the applicant and staff to implement with an ambiguous option that requires the entire length of one elevation to be attached. It is unclear how
the entire length of one elevation is defined and measured. Staff finds that last year's amendments to the definitions of duplex, triplex, and quadplex with the minimum 25%
attachment between common walls/floors provides sufficient flexibility for developer creativity in design without requiring a cookie-cutter approach. Plus,the definitions are so
new that no projects have been built yet to the standard and it is too early to fully understand if there are any unnecessary barriers at this time. Staff is therefore not proposing
to amend those recently adopted definitions at this time.
Bend defines Attached as:
Attached is used in the BDC with different meanings. For accessory dwelling units, duplexes, triplexes and quadplexes "attached dwelling unit"means dwelling units attached by
one of the following options as shown in the following figure. The shared or attached wall must be the wall of an enclosed interior space of a dwelling unit and may include the
walls of attached garages, and does not include porches, patios, decks or stoops.
1. A dwelling unit must share a common wall for at least 25 percent of the length of another dwelling unit;or
2. The entire length of one elevation of a dwelling unit must be attached to another dwelling unit.
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FT)orchIA 2c
Dwelling Unit
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Dwelling Unit
V Porch
Staff is proposing two options to refine and provide clarity on when an accessory structure is attached vs. detached, below. :
Option#1
The first option deletes the definition of Detached and adds to the definition of Accessory Structure that there must be no structural connection to the primary structure. The
advantages to this option are that it removes the difficult to implement 3-foot separation requirement and replaces it with common terminology of"structural connection." It
also retains the same language excluding breezeways or similar connected fixtures. The disadvantage is that option would allow accessory structures to be located closer than 3
feet to the primary structure (if the Building Code fire wall requirement is met), which may appear as one structure even though the allowed reduced accessory structure
setbacks would apply.
Accessory Structure (Accessory Building)
Any detached structure with no structural connection to the primary structure (excluding breezeways no more than eight ft. in width measured from eave to eave, air
conditioning units, heat pumps, and similar attached or connected fixtures to the structure) and the use of which is subordinate and consistent with that of the primary
structure and which is consistent with the structures and uses allowed in the zone in which it is located. Examples:garages, play structures, sheds, and gazebos.
Detached
A horizontal separation of three ft. or more, between the subject structure and n arby structures.The separation shall be from ave to aye, or where there arc no ayes,
h at pumps, and similar attached or connected fixtures to the structure) of the two structures. (If the distance of separation is less than three ft. between two structures,
they shall be deemed to be "attached.")
Option#2
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The second option simply clarifies that"detached" applies to accessory structures.The advantage to this option is that it provides clarity that this definition does not apply
between dwellings.The disadvantage is that it does not fix the implementation issues staff has or that the resulting development includes a 3-foot area that is mostly unusable
space and limits layout options on smaller sites.
Detached (Accessory Structure)
A horizontal separation of three ft. or more, between the subject accessory structure and nearby structures.The separation shall be from eave to eave, or where there are no
eaves, the separation shall be measured between the closest elements (excluding breezeways no more than eight ft. in width measured from eave to eave, air conditioning
units, heat pumps, and similar attached or connected fixtures to the structure) of the two structures. (If the distance of separation is less than three ft. between two
structures,they shall be deemed to be "attached.")
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EXHIBIT D-2
STAFF REPORT
CITY OF LAKE OSWEGO
PLANNING AND BUILDING SERVICES DEPARTMENT
APPLICANT FILE NO.
City of Lake Oswego LU 24-0029, Ordinance 2959
LOCATION STAFF
Citywide Evan Fransted, AICP, Senior Planner
DATE OF REPORT PLANNING COMMISSION HEARING DATE
February 28, 2025 March 10, 2025
I. APPLICANT'S REQUEST
The City of Lake Oswego is proposing to amend Chapter 50 (Community Development Code)
of the Lake Oswego Code for the purpose of clarifying and updating various sections. The
draft code amendments, which would enact these changes, are included in Attachment 2 to
Exhibit A-1. The proposed amendments include provisions that will:
CODE MAINTENANCE ITEMS(LOC Chapters 50.01, 50.03,50.04,50.05, 50.06,50.07, 50.10 and 50.11)
ITEM TITLE CODE SECTIONS)
1. Clarify that only roof height may be raised 6 feet, not wall height, LOC 50.01.006.3.a.iv.
for nonconforming structures.
2. Amend Use Table [LOC Table 50.03.003-2] to specifically list retail LOC Table 50.03.003-2
sales in the IP zone subarea as permitted instead of listing only
Conditional Uses.
3. Remove incorrect "lot coverage" and "coverage" references from LOC 50.04.003.8.a.
the exceptions for building projections.
4. Clarify that the 10 ft. parking separation buffer requirement in LOC 50.05.007.6.e.viii(5)
Lake Grove Village Center Overlay(LGVC) only applies to surface
parking lots and not parking located within a building.
5. Clarify that the Building Design standards apply to residential LOC 50.06.001.1 and .2
development in high density zones and add the R-0, R-2, and R-3
zones to Table 50.06.001-1: Building Design Standards
Applicability.
LU 24-0029 EXHIBIT D-2/PAGE 1 OF 14
6. Remove access spacing requirements that were already moved to LOC 50.06.003.1.d.vi
Chapter 42 as part of a previous non-CDC amendment.
7. Remove reference to "private street" and replace with "street" LOC 50.06.003.2.a
and add "access lane".
8. For corner lots, reference required access spacing and sight LOC 50.06.003.2.b.i(1)
distance requirements in LOC 42.03.130(4).
9. Clarify that single-family dwellings and middle housing in the LOC 50.07.003.13.a.ii(2) & LOC
DRDD, LGVC, and WLG overlays do not qualify as ministerial 50.07.003.14.a.ii(14)
development and the minor development process applies.Also,
remove redundant minor development item for Residential Infill
Design (RID)variances in R-DD zone, DRDD and LGVC overlays.
10. Clarify which "non-residential" development qualifies for LOC 50.07.003.13.a.ii(3)
ministerial development review by correcting an erroneous
reference in Subsection 13.a.ii.
11. Clarify that the Type II tree removal & mitigation standards [LOC LOC 50.07.003.14.d.ii(3)
55.02.080] are applicable to minor and major development LOC 50.07.003.15.d.ii(1)(d)
permits, but not the tree protection standards.
12. Clarify that if a resource designation is being modified under the LOC 50.07.004.8.a.ii and
Map Correction criteria of LOC 50.07.004.8.b, then the application LOC 50.07.003.14.d.ii(19)
shall be processed as a minor development.
13. Clarify that a building cannot cantilever into the required 5-foot LOC 50.07.007.2.f.i
landscape buffer along an access lane of a flag lot and that the
exception to yard setbacks permitted per LOC 50.04.003.8.a for 2
ft. building eaves does not apply.
14. Revise Enforcement and Penalties to strengthen and clarify what LOC 50.09.001.1;
constitutes a violation by inserting additional text to state the LOC 50.09.003.1
violations are also civil violations, as defined by LOC 34.04.105,
and enforceable pursuant to LOC Article 34.04.
15. Clarify in the definition of a flag lot that the majority(>50%) of the LOC 50.10.003.2
building envelope must be located behind another lot to meet the
definition of"Flag Lot."
16. Revise the Native Plant List to classify Snowberry and Douglas LOC 50.11.004 Appendix D Native
Spiraea as shrubs. Plant List
CODE POLICY ITEMS& DISCUSSION (LOC Chapters 50.01, 50.03, 50.06, 50.7,50.8 and 50.10)
1. For nonconforming dwellings, if a proposed addition or remodel LOC 50.01.006.2.b—
increases floor area by 50%or more,full conformance with
current zone dimensional and design standards is required or the
applicant may choose demolition.This amendment would add an
exception for nonconforming historic landmark dwellings.
2. This amendment adds back the pre-2014 code text of"destroyed LOC 50.01.006.4.b
by any means"to expand the cause of destruction beyond
"damaged"for reconstruction of nonconforming commercial,
industrial, or multi-family structures(< 50%valuation of the
existing structure).
3. Address an ongoing issue with violations involving accessory LOC 50.03.004.2.b.i
structures placed too close to the rear or side lot lines and not
meeting the non-zone related reduced side and rear yard
setbacks.
LU 24-0029 EXHIBIT D-2/PAGE 2 OF 14
4. Clarify which commercial building design standards apply to LOC 50.06.001.5
accessory structures that may not be perceived as traditional
"buildings" such as free-standing canopies, picnic shelters, or
other similar accessory structures.
5. Clarify the standards that are not applicable to a Middle Housing LOC 50.10.003.2 Definitions
Land Division (MHLD).
6. Consider permitting minor variances to reduce required yard LOC 50.08 Variances
setbacks to locate a generator.
7. Consider amending the definitions of"detached" and "accessory LOC 50.10.003.2 Definitions
structure" to refine what is attached vs. detached. Staff is
proposing two options to refine and provide clarity on when an
accessory structure is attached vs. detached.
II. APPLICABLE REGULATIONS
A. City of Lake Oswego Comprehensive Plan
Land Use Planning
Policies A-1, A-2, A-3, C-1, C-3, C-4 and D-1
Historic Preservation
Policies 1 and 3
Inspiring Spaces and Places
Goal 1, Policies 1, 2, 3 and 8
Goal 2, Policy 4
Complete Neighborhoods & Housing
Policies A-4, B-1, and C-7
Economic Vitality
Policy B-1
Connected Community— Efficiency
Policy C-3
Community Health and Public Safety
Sound Quality- Policies 1 and 5
Healthy Ecosystems— Natural Resources and Sensitive Lands
Policy 2
B. City of Lake Oswego Community Development Code
LOC 50.07.003.16.a Legislative Decisions Defined
LOC 50.07.003.16.c Required Notice to DLCD
LOC 50.07.003.16.d Planning Commission Recommendation Required
LOC 50.07.003.16.e City Council Review and Decision
LU 24-0029 EXHIBIT D-2/PAGE 3 OF 14
III. INTRODUCTION / BACKGROUND INFORMATION
The purpose of the proposed code amendments is twofold: 1) to correct errors, eliminate
text redundancy, and clarify text; and 2) to implement minor policy changes intended to
streamline the permit process and implement City Council goals and priorities, consistent
with the Comprehensive Plan. This process is part of the City's ongoing effort to make the
regulations less burdensome on residents and businesses while maintaining community
standards.
Proposed Ordinance 2959 consists of 16 maintenance amendments and 7 policy amendments.
The text boxes in Attachment 2 of Exhibit A-1 describe the reason for each amendment, and
include commentary on its background and discussion points.
As discussed at the second Planning Commission work session on January 13th, staff decided
(and the Commission concurred) that a policy item (previously noted as Policy Item #3) should
be removed from the list (Exhibits D-1 and F-1). This item was regarding Middle Housing Land
Division's (MHLD) in conjunction with a cottage cluster development and whether the
courtyard or parking should be required to be in a separate tract or easements over the lots.
Staff included a summary of comments received from the development community,
consultants, and others with experience on this issue to get their opinion (Exhibit F-1) and
presented the advantages and disadvantages of requiring a tract or easement (Attachment 1 of
Exhibit D-1). After the discussion, staff decided, with Commission concurrence, that the best
course of action was to leave the current code as is to allow the most flexibility.
IV. NOTICE OF APPLICATION
A. Newspaper Notice
On February 26, 2025, public notice of the proposed Community Development Code
(CDC) text amendments and Planning Commission public hearing was published in
the Lake Oswego Review.
B. ORS 227.186 (Measure 56) Notice
None of the proposed amendments constitute a "rezone"; therefore, the individual
noticing measures of ORS 227.186 (Ballot Measure 56) are not required.
C. DLCD and Metro Notices
Pursuant to ORS 197.610 and LOC 50.03.007.16.c, staff has provided notice of the
proposed CDC text amendments to the Oregon Department of Land Conservation
and Development (DLCD). Staff notified Metro as required by Metro Code
3.07.820(a).
LU 24-0029 EXHIBIT D-2/PAGE 4 OF 14
V. COMPLIANCE WITH APPROVAL CRITERIA
A. City of Lake Oswego Comprehensive Plan
Staff has identified the following Comprehensive Plan Policies applicable to this
proposal:
Land Use Planning— Development (Community Development Code), Development
Review, Design Standards and Guidelines, and Land Use Administration
Policies A-1, A-2, A-3, C-1, C-3, C-4 and D-1
Development (Community Development Code)
Policy A-1: Maintain land use regulations and standards to:
a. Ensure the provision of park and open space lands, and protection of natural
resources;
b. Promote compatibility between development and existing and desired
neighborhood character;
////
g. Promote architectural and site design quality;
Findings: Staff finds that all of the proposed amendments are necessary to
streamline the Code for consistency and efficiency, as well as removing unnecessary
or unintended regulatory burdens, such as Policy Item #1 (Nonconforming Historic),
Item #2 (Nonconforming Destruction) and #6 (Generators). None of the
amendments will negatively impact the Code's ongoing ability to protect natural
resources, ensure compatible development, preservation of neighborhood
character, and quality of architectural or site design.
Policy A-2: Ensure that land use regulations have sufficient flexibility to allow
developers and the City to propose measures to:
a. Adapt development to unique and difficult site conditions;
b. Preserve open space and natural resources; and,
c. Avoid negative impacts on surrounding properties.
Findings: Staff finds that many of the amendments are specifically tailored to allow
flexibility, and provide clarity for developers, surrounding properties, and City staff.
Maintenance Items #1 - 13 and 15, and Policy Items #1, 2, 4-7 clarify code terms,
review procedures, and development regulations applicable to residential,
commercial, institutional, and mixed-use structures, thereby reducing confusion and
removing potential development barriers. These amendments, along with all of the
others, will not change how the existing Code preserves open space and natural
resources, and avoids negative impacts of development on surrounding properties.
LU 24-0029 EXHIBIT D-2/PAGE 5 OF 14
Policy A-3: Ensure high-quality building and site design through the application of
clear and objective design standards for residential development, and design review;
utilize the development review process for commercial, industrial, and institutional
development to ensure high-quality building and site design and overall appearance.
Findings: Staff finds that Policy Item #4 would provide clarity on the applicable
building design standards for accessory structures by making it clear that these
structures must be complementary to the main building, which will help ensure
high-quality building design and appearance.
Design Standards and Guidelines
Policy C-1: Enact and maintain regulations and standards which require:
a. New development to enhance the existing built environment in terms of size,
scale, bulk, color, materials and architectural design;
b. Landscaping;
c. Buffering and screening between differing land uses; and,
d. Measures to foster a safe and interesting transit and pedestrian environment.
Findings: Staff finds that many of the amendments are specifically tailored to
enhance the built environment (Policy Items#1, #4, and #7) or
buffering/landscaping (Maintenance Items#4 and #13) and that none of the
proposed amendments impact the built environment, landscaping,
buffering/screening, transit or the pedestrian environment.
Policy C-3: Ensure through development and design standards that both public and
private developments enhance the aesthetic quality of the community.
Findings: Staff finds several of the proposed Maintenance and Policy Items provide
greater clarity to development and design standards to help ensure new
development enhances the community aesthetics. Maintenance Items#1, 3, and 13,
and Policy Items#4 and 7 clarify, refine, and improve existing regulations designed
to enhance the aesthetic quality of the community.
Policy C-4: Establish and enforce regulations to abate unsightly conditions and other
nuisance situations.
Findings: Staff finds Maintenance Item #14, which revises enforcement and
penalties to strengthen and clarify what constitutes a violation, will help enforce
unsightly conditions and nuisance situations. Policy Item #6, which would allow
minor variances for generators in setbacks, would establish a reasonable regulatory
process that would decrease the number of potential nuisance/violation situations
involving generators. Currently setback reductions for generators must go through
LU 24-0029 EXHIBIT D-2/PAGE 6 OF 14
an arduous major variance process, which requires a showing of hardship arising
from the circumstances of the property.
Land Use Administration
Policy D-1: Coordinate the development and amendment of City plans and actions
related to land use with other affected agencies, including county, state, Metro,
federal agency, and special districts.
Findings: Staff has provided the required notification to State and Metro
jurisdictions consistent with this policy. Federal agencies and special districts do not
similarly exercise regulatory jurisdiction within the scope of the proposed
amendments and thus no coordination is required.
Conclusion: Proposed amendments are consistent with Land Use Planning policies.
Historic Preservation
Policies 1 and 3
Goal: Preserve, promote, and maintain the historical, archaeological and cultural
resources of the community.
Policy 1: Preserve, enhance, and protect Lake Oswego's historic resources through
procedures and standards designed to identify, restore and protect structures, sites,
objects and districts of historic and cultural value within the city.
Findings: Staff finds that Policy Item #1 will help preserve historic resources by
exempting historic dwellings from the nonconforming standard that would require
full compliance with zone standards or demolition if an addition or remodel
increases floor area by 50% or more.
Policy 3: Provide and maintain City regulations that support preservation of Lake
Oswego's designated historic resources.
Findings: Staff finds the Policy Item #1 will help preserve historic resources by
exempting historic dwellings from the nonconforming standard that is contradictory
to historic preservation.
Conclusion: Proposed amendments are consistent with Historic Preservation
policies.
LU 24-0029 EXHIBIT D-2/PAGE 7 OF 14
Inspiring Spaces and Places
Goal 1, Policies 1, 2, 3, 8, and 9
Goal 2, Policy 4 (d and e)
Goal 1:
Policy 1:Adopt implementation measures and guidelines that ensure:
a. New development in residential areas complements the existing built
environment in terms of size, scale, bulk, height, and setbacks.
b. New development in mixed-use, commercial and employment areas:
i. Promotes a safe and attractive pedestrian environment;
ii. Reflects high-quality aesthetics, considering size, scale and bulk, color,
materials, architectural style and detailing, and landscaping; and
iii. Includes buffering and screening to protect residential uses and
neighborhoods.
Findings: Staff finds some of the proposed maintenance and policy amendments
help refine the existing Code's design regulations and standards listed under this
policy as follows:
• Maintenance Item #4 clarifies that the 10 ft. parking separation buffer
requirement in Lake Grove Village Center Overlay (LGVC) only applies to surface
parking, thereby aiding design of this development type.
• Maintenance Item #5 clarifies that the Building Design standards apply to
residential development in high density zones, thereby aiding in applying the
existing design standards.
• Maintenance Item #13 clarifies that a building cannot cantilever into the
required 5-foot landscape buffer along an access lane of a flag lot ensuring a
consistent design of this development type.
• Policy Item #3 addresses an ongoing issue with violations involving accessory
structures placed too close to the rear or side lot lines and not meeting the non-
zone related reduced side and rear yard setbacks, thereby maintaining
compatible setbacks with abutting properties.
• Policy Item #4 clarifies which commercial building design standards apply to
accessory structures that may not be perceived as traditional "buildings", such as
free-standing canopies, thereby ensuring complementary design with the main
building on site.
• Policy Item #6 permits minor variances to reduce required yard setbacks for
generators with compliance of the minor variance criteria which requires
analysis of impacts to the built environment by looking at surrounding properties
and streetscape.
LU 24-0029 EXHIBIT D-2/PAGE 8 OF 14
• Policy Item #7 considers amending the definitions of"detached" and "accessory
structure" to refine what is attached vs. detached. Staff is proposing two options
to refine and provide clarity on when an accessory structure is attached vs.
detached. Either option would help ensure new development complements the
existing built environment by ensuring consistent design of accessory structures.
With these amendments, the Code will continue to promote quality residential and
non-residential aesthetics within the built environment.
Policy 2:Adopt and maintain design standards and provide incentives that
encourage exceptional or high-quality design.
Findings: Maintenance Item #5, and Policy Item #4 clarify or improve existing design
standards. All other proposed amendments either maintain or do not impact adopted
zone, development, and design standards that ensure exceptional design.
Policy 3: Establish standards for new development to preserve and enhance the
natural environment, and to integrate natural features and functions.
Findings: Maintenance Item #11 clarifies that the Type II tree removal and mitigation
standards [LOC 55.02.080] are applicable to minor and major development permits,
but not the tree protection and heritage tree standards. Maintenance Item #12
clarifies that if a resource designation is being modified under the Map Correction
criteria of LOC 50.07.004.8.b, then the application shall be processed as a minor
development. Maintenance Item #16 revises the Native Plant List to classify
Snowberry and Douglas Spiraea as shrubs instead of trees. These amendments
either maintain or do not impact standards that preserve and enhance the natural
environment.
Policy 8: Protect Lake Oswego's village aesthetic by adopting and maintaining
implementation measures and guidelines that preserve the residential character of
Lake Oswego's neighborhoods, safeguard places of historical significance (See also,
Community Culture: Historic and Cultural Resources), and encourage urban form that
results in pedestrian friendly retail districts in existing commercial areas, including
buildings oriented to the street and active ground floor uses.
Findings: Adopted standards that ensure quality design and preservation of
residential character are being maintained in the Code with some proposed
modification to ensure greater clarity (per practice) and consistency. Maintenance
Items#1, 4, 5, 13, and 14 and Policy Items#4 and 7 clarify regulations that apply to
the design of residential structures, pedestrian friendly urban form that preserves
the streetscape, and protects the village aesthetic. Policy Item #1 provides an
exemption to a nonconforming standard in order to preserve historic resources,
which otherwise may require demolition of a historic dwelling.
LU 24-0029 EXHIBIT D-2/PAGE 9 OF 14
Policy 9: Preserve the visual attractiveness of the community by limiting adverse
visual impacts to the City's public spaces and streetscape.
Findings: None of the proposed amendments modify or provide new standards that
regulate visual impacts to public spaces and streetscape. With these amendments,
the existing Code regulations will continue to limit adverse visual impacts as already
provided within the Code.
Goal 2:
Policy 4 (d and e): Promote carefully organized patterns of growth through land use
regulations, standards, and incentives that:
///
d. Provide design guidelines that enhance and preserve the unique character of
Lake Oswego's neighborhoods and commercial districts.
e. Provide opportunities for local economic growth.
Findings: Existing Code regulations include standards that ensure enhancement and
preservation of the City's unique neighborhoods and commercial districts. None of
the proposed amendments negatively impact the unique character of the City or
impede local economic growth. Maintenance items are consistent with existing
practice and interpretation for greater readability and public understanding.
Conclusion: The proposed amendments are consistent with the Inspiring Spaces and
Places policies.
Complete Neighborhoods and Housing—Housing Location and Quality, Housing
Choice and Affordability, and Complete Neighborhoods
Policies A-3, A-4, B-1, and C-7
Housing Location and Quality:
Policy A-3: Develop and maintain land use regulations and standards that promote
orderly transitions and compatibility between different residential densities and
other land uses, such as measures that address traffic and circulation, building and
site design, buffering, screening, tree preservation and other landscape treatments.
Findings: Existing Code regulations include standards that ensure compatibility
between different residential densities and other land uses. None of the proposed
amendments would change those standards.
Policy A-4: Maintain land use regulations and standards that provide for mitigation
of adverse impacts such as noise, traffic, privacy and visual aesthetics, on differing,
adjacent land uses through site and building design.
LU 24-0029 EXHIBIT D-2/PAGE 10 OF 14
Findings: Maintenance Item #4 clarifies that the 10 ft. parking separation buffer
requirement in Lake Grove Village Center Overlay (LGVC) only applies to surface
parking to maintain the current practice. Policy Item #6 for minor variances allows
generators in a yard setback and requires compliance of the minor variance criteria
that looks at impacts to adjacent land uses. Existing Code regulations include
standards that mitigate adverse impacts from new development on surrounding
uses with regards to noise, traffic, privacy, and visual aesthetics. The other proposed
amendments ensure greater clarity and consistency with implementation of those
standards.
Housing Choice and Affordability:
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.
Findings: Existing Code regulations include standards that allow the opportunity to
develop an adequate supply and variety of housing types. Proposed amendments
ensure greater clarity and consistency with implementation of those standards.
• Maintenance Item #5 clarifies that the Building Design standards apply to
residential development in high density zones, enhancing the readability of the
Code for the residential development community.
• Maintenance Item #9 clarifies that single-family dwellings and middle housing in
the DRDD, LGVC, and WLG overlays require a minor development process.
• Policy Item #5 clarifies the standards that are not applicable to a Middle Housing
Land Division (MHLD), streamlining the review process.
• Policy Item #7 regarding the definitions of "attached" and "accessory structure"
will provide greater clarity to the development community by either removing
confusing language or directly stating that the definition of detached applies only
to accessory structures.
Complete Neighborhoods:
Policy C-7: Require infill housing to be designed and developed in ways to be
compatible with existing neighborhood character.
Findings: Existing Code includes both zone dimensional and structure design
standards that ensure compatible infill development. Maintenance Items#5 and 9
and Policy Items#1, 3, 5, and 7 clarify or correct those code terms, applicability, and
zone and development regulations for primary and accessory residential infill
development.
Conclusion: The proposed amendments are consistent with Complete Neighborhoods
and Housing policies.
LU 24-0029 EXHIBIT D-2/PAGE 11 OF 14
Economic Vitality—Employment Zones
Policy B-1 (b, c, and d)
Policy B-1: Provide opportunities for redevelopment and development in employment
zones while:
///
b. Addressing impacts such as noise, traffic, and visual aesthetics, on adjacent land
uses through site and building design;
c. Complying with design and aesthetic standards to promote compatibility with
Lake Oswego's community character;
d. Preserving natural resources and providing required open space;
Findings: Policy Item #2 allows for reconstruction of nonconforming commercial,
industrial, or multi-family structures to expand the cause of destruction beyond
"damaged" (< 50%valuation of the existing structure). This standard was
unintentionally changed in 2014 (Ord. 2644) and the amendment will make it easier to
remodel existing development in employment zones, while the rest of the current
Code includes standards that ensure potential impacts on adjacent properties are
mitigated through compliance with the applicable design, natural resources and open
space standards.
Conclusion: The proposed amendments are consistent with Economic Vitality
policies.
Connected Community
Efficiency— Policy C-3
Policy C-3: Control and consolidate driveway access to major collectors and arterials
through the development review process and the implementation of major street
projects.
Findings: Maintenance Item #6 removes redundant driveway access standards.
Maintenance Item #8 incorporates the driveway sight distance requirement in
Chapter 42. The proposed amendments maintain regulations that control and
consolidate driveway access to major collectors and arterial streets.
Community Health and Public Safety
Sound Quality- Policy 1 and 5
Sound Quality- Policy 1: Preserve and maintain the quiet character of residential
neighborhoods, public open spaces, natural parks and parks with natural elements
through zoning regulations and development standards.
LU 24-0029 EXHIBIT D-2/PAGE 12 OF 14
Findings: The proposed amendments either do not impact or maintain regulations
that preserve residential neighborhood character.
Sound Quality- Policy 5: Maintain the quiet character of residential areas through
regulations that address new development, infill, the interface between different
types of abutting land uses and associated mechanical equipment through such
regulations as adequate setback requirements, height restrictions, buffering and
performance standards.
Findings: Policy Item #6 would allow generators within a required yard setback with
a minor variance. The request must comply with the minor variance criteria, which
requires analysis of impacts to abutting land uses.
Conclusion: The proposed amendments are consistent with this Community Health
and Public Safety policy.
Healthy Ecosystems—
Natural Resources and Sensitive Lands - Policy 2
Policy 2: Maintain Resource Protection (RP) district regulations for the protection of
significant streams and wetlands, and their adjacent vegetated corridors, consistent
with Goal 5, Metro Title 3, and Clean Water Act requirements.
Findings: Maintenance Item #12 clarifies that if a resource designation is being
modified under the Map Correction criteria of LOC 50.07.004.8.b, then the
application shall be processed as a minor development. This amendment would
maintain existing regulations. The other proposed amendments either do not impact
or maintain regulations that protect natural resources and sensitive lands.
Conclusion: The proposed amendments are consistent with the Healthy Ecosystems
policy.
VI. CONCLUSION
Based on the findings presented in this report, staff finds that approval of the proposed
code amendments, including either Option 1 or Option 2 for Policy Item #7, would
comply with the applicable Comprehensive Plan criteria.
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2959, draft 02/28/25
Attachment 1: Reserved for City Council Findings (not included)
LU 24-0029 EXHIBIT D-2/PAGE 13 OF 14
Attachment 2: Community Development Code Amendments w/Commentary,
draft 02/28/25
B. Findings, Conclusions and Order [No current exhibits; reserved for hearing use]
C. Minutes [No current exhibits; reserved for hearing use]
D. Staff Reports
D-1 Staff Memo 01/02/25, Work Session #2
E. Graphics/Plans [No current exhibits; reserved for hearing use]
F. Written Materials
F-1 Cottage Cluster MHLD Feedback Table
G. Letters [No current exhibits; reserved for hearing use]
Staff reports and public meeting materials that were prepared for these code amendments can be
found by visiting the project webpage for LU 24-0029:
https://www.ci.oswego.or.us/all-projects
Under "Search" enter LU 24-0029, then press "Enter.
LU 24-0029 EXHIBIT D-2/PAGE 14 OF 14
EXHIBIT G-1
FAIR
HOUSING
COUNCIL
OF OREGON Housing Land
— Advocates —
March 10, 2025
City of Lake Oswego
Planning and Building Services Department
380 A Avenue
PO Box 369
Lake Oswego, OR 97034
RE: Comments about needed Goal 10 findings for City File No. LU 24-0029
Dear Planning Commission Members,
This letter is submitted jointly by Housing Land Advocates (HLA) and the Fair Housing Council
of Oregon (FHCO). Both HLA and FHCO are non-profit organizations that advocate for land use
policies and practices that ensure an adequate and appropriate supply of affordable housing for
all Oregonians. FHCO's interests relate to a jurisdiction's obligation to affirmatively further fair
housing. Please include these comments in the record for the above-referenced proposed
amendment.
As you know, all amendments to the City land use Code must comply with the Statewide
Planning Goals. ORS 197.175(2)(a). When a decision is made affecting the residential land
supply, the City must refer to its Housing Needs Analysis (HNA) and Buildable Land Inventory
(BLI) in order to show that an adequate number of needed housing units (both housing type and
affordability level) will be supported by the residential land supply after enactment of the
proposed change. Goal 10 findings are also required for code changes affecting residential
development feasibility, even if they are drafted to accommodate middle housing.
Required Goal 10 findings must further demonstrate that the changes do not leave the City with
less than adequate residential land supplies in the types, locations, and affordability ranges
affected. See Mulford v. Town of Lakeview, 36 Or LUBA 715, 731 (1999) (rezoning residential
land for industrial uses); Gresham v. Fairview, 3 Or LUBA 219 (same); see also,Home Builders
Assn. of Lane Cty. v. City of Eugene, 41 Or LUBA 370, 422 (2002) (subjecting Goal 10
inventories to tree and waterway protection zones of indefinite quantities and locations)
The staff report does not include findings for Statewide Planning Goal 10, despite amendments
to the Code that will have an impact on residential lands in the City. Only with a complete
analysis quantifying the potential gain or loss in needed housing as stated by the HNA and
compared to the BLI, can housing advocates and planners understand whether the City is
achieving its goals through these Code amendments.
HLA and FHCO urge the Commission to defer adoption of the proposed Code amendments until
Goal 10 findings can be made, and the proposal evaluated under the HNA and BLI. Thank you
LU 24-0029 EXHIBIT G-1/PAGE 1 OF 2
for your consideration. Please provide written notice of your decision to, FHCO, c/o John Miller,
at 1221 SW Yamhill Street, #305, Portland, OR 97205 and HLA, c/o Jennifer Bragar, at 121 SW
Morrison Street, Suite 1850, Portland, OR 97204.
Sincerely,
John Miller Jennifer Bragar
Executive Director President
Fair Housing Council of Oregon Housing Land Advocates
cc: Ethan Stuckmayer, DLCD
LU 24-0029 EXHIBIT G-1/PAGE 2 OF 2