Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
NOTICE OF ADOPTED A M E N D M E N T 
11/29/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Lake Oswego Plan Amendment 
DLCD File Number 001-11 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD A C K N O W L E D G M E N T or DEADLINE TO APPEAL: Monday, December 12, 2011 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Andy Gulizia, City of Lake Oswego 
Angela Lazarean, DLCD Urban Planning Specialist 
ÎBUA 
<paa> N 
J2à 12 DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Workiiig bays af ter the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197 615 and OAR 06O-Ö18-000 
• In person Q electronic • mailed 
OEPT OF 
NOV 2 3 2011 
J^DCONÔEHVATION 
IMQ DEVELOPMENT 
For Office Use Only 
Jurisdiction: City of Lake Oswego Local file number: LU 11-0018 
Date of Adoption: 11/15/11 Date Mailed: 11/18/11 
Was a Notice of Proposed Amendment (Form 1) mailed to DLC-D? ^ Yes ."¡No Date: 
Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
Land Use Regulation Amendment I] Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Enacted Ordinance 2571, an ordinance of the Lake Oswego City Council amending LOC Chapter 50 
(Community Development Code), Section 50.02.005 to amend the definition of "Public Facility, Minor", and 
adopting findings (LU 11-0018-1771) 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: N/A 
Zone Map Changed from: N/A 
Location: Citywide 
Acres Involved: 
Specify Density: Previous. 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 
to N/A 
to: N/A 
New: 
9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES ^ NO 
Did DLCD receive a Notice of Proposed Amendment, yes 
45-days prior to first evidentiary hearing? 
If no, do the statewide planning goals apply? 
If no, did Emergency Circumstances require immediate adoption? 
Yes 
• Yes 
• Yes 
• No 
• No 
• No 
DLCD file No. 001-11 (1873) T168441 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Metro, Clackamas County, Washington County, Multnomah County, Clean Water Services, Rivergrove Water 
District. Lake Grove Water District, Southwood Park Waier District, Skylands Water District, Oregon 
Department of State Lands, Oregon Department of Environmental Quality Oregon Dept of Fish & Wiidlife. 
Lake Grove Fire District, Tualatin Valley Tire and Rescue. 
Local Contact: Andy Gulizia, Associate Planner Phone: 503-675-3732 Extension: 
Address PO Box 369 Fax Number: 503-635-0269 
City Lake Oswego Zip: 97034 E-mail Address: agulizia@ci.oswegn.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 davs after the ordinance has been signed by the public 
official designated bv the jurisdiction to sign the approved ordinancc(s) 
per ORS 197.615 and OAR Chapter 660. Division 18 
1 This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting, please print this Form 2 on ght green paper if available 
3. Send this Form 2 and One (I) Complete Paper Copy and One (1) Electronic Digital CD (documents and 
maps) of the Adopted Amendment to the address in number 6: 
4. Electronic Submittals: Form 2 - Notice of Adoption will not be accepted via email or any 
electronic or digital format at this time. 
5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction. 
The Final Decision must include approved signed ordinance(s), finding(s), cxhibit(s), and any map(s). 
6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper Copy and One (1) 
Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to 
the DLCD Salem Office and stamped with the incoming date stamp, (for submittal instructions, 
also see # 5)] MAIL the PAPER COPY and CD of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
7 Submittal of this Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other 
supplementary information (see ORS 197.615 ). 
8 Deadline to appeals to LLIBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption 
(see ORS 197.830 to 197.845 ). 
9. In addition to sending the Form 2 - Notice of Adoption to DLCD. please notify persons who participated in 
the local ¡tearing and requested notice of the final decision at the same time the adoption packet ib mailed to 
DLCD (see ORS 197.615 ). 
10. Need More Copies? You can now access these forms online at http://wvrw.lcd.state.or.us/ You may also 
call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518. 
Updated December 22,2009 
ORDINANCE NO. 2571 
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING LOC CHAPTER 50 
(COMMUNITY DEVELOPMENT CODE), SECTION 50.02.005 TO AMEND THE DEFINITION OF 
"PUBLIC FACILITY, MINOR", AND ADOPTING FINDINGS (LU 11-0018-1771). 
Whereas, the Community Development Code currently classifies sewer, storm drainage, and 
water trunk lines as "major public facilities"; and 
Whereas, regardless of size, sewer, storm drainage, and water pipes that are fully underground 
have no land use impacts to neighboring properties once construction is complete; and 
Whereas, including sewer, storm drainage, and water trunk lines that are fully underground 
within the definition of "minor public facilities" would allow them to be permitted outright in all 
zoning districts; 
The City of Lake Oswego ordains as follows: 
Section 1. The definition of "Public Facility, Minor" in Section 50.02.005 of the Lake Oswego 
Code is hereby amended by adding the text shown in bold, underlined type, as follows: 
Public Facility, Minor. The following public service improvements or 
structures developed by or for a public agency: 
a. Minor utility structures, except substations, but including poles, 
lines, pipes, telecommunications facilities or other such facilities. 
b. Sewer, storm drainage, or water system structures, including 
reconstruction of existing facilities, pump stations, manholes, valves, 
hydrants or other portions of the collection, treatment and distribution 
systems, except treatment plants, reservoirs, or above-ground trunk 
lines. 
c. Street improvements within existing development including 
sidewalks, curbs, gutters, catch basins, paving, signs and traffic control 
devices and street lights. 
d. Transit improvements, such as shelters or pedestrian and bicycle 
safety improvements, located within public right of way or on public 
property. 
Ordinance No. 2571 
Page 1 of 2 
e. School improvements which will not increase the capacity of the 
school nor create additional traffic or other impact on the surrounding 
neighborhood. 
f. Park improvements which will not create additional motor or foot 
traffic impact on the surrounding neighborhood. 
Section 2. The City Council hereby adopts the Findings and Conclusions attached as Exhibit 1. 
Enacted at the meeting of the Lake Oswego City Council held on the 15th day of November, 
2011. 
AYES: Mayor HOffman, Tierney, Olson, Jordan, Moncrieff, Guelman, Kehoe 
NOES: none 
ABSENT: none 
ABSTAIN: none 
EXCUSED: none 
ATTEST: 
APPROVED AS TO FORM: 
JL/ A 
David D. Powell 
City Attorney 
Ordinance No. 2571 
Page 2 of 2 
EXHIBIT 1 
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BEFORE THE CITY COUNCIL 
OF THE CITY OF LAKE OSWEGO 
LU 11-0018-1771 
(CITY OF LAKE OSWEGO) 
FINDINGS & CONCLUSIONS 
A REQUEST TO AMEND THE TEXT OF THE 
THE LAKE OSWEGO COMMUNITY 
DEVELOPMENT CODE, CHAPTER 50, 
SECTION 50.02.005 TO AMEND THE 
DEFINITION OF "PUBLIC FACILITY, MINOR," 
[ORDINANCE No. 2571] 
NATURE OF PROCEEDING 
This matter came before the City Council pursuant to a recommendation by the Lake 
Oswego Planning Commission to amend the text of the Lake Oswego Community Development 
Code to classify underground sewer, storm drainage or water system trunk lines as "minor 
public facilities." 
HEARINGS 
The Planning Commission held a public hearing and considered this application at its 
meeting of September 12, 2011. The City Council held a public hearing to consider the Planning 
Commission's recommendation on October 18, 2011. 
CRITERIA AND STANDARDS 
A. City of Lake Oswego Comprehensive Plan: 
Goal 2: Land Use Planning 
Goal 11: Public Facilities & Services 
B. City of Lake Oswego Community Development Code: 
LOC 50.75.005 Legislative Decisions Defined 
LOC 50.75.015 Required Notice to DLCD 
LOC 50.75.025 Planning Commission Recommendation Required 
LOC 50.75.025 City Council Review and Decision 
Page 1 - FINDINGS AND CONCLUSIONS (LU 11-0018-1771) 
(City of Lake Oswego, LU 11-0018) 
David D. Powell, City Attorney 
City of Lake Oswego 
380 A Avenue - PO Box 369 
Lake Oswego, Oregon 97034 
Teleohone 503.63S.022S - Facsimile 503.699.7453 
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ab< 
EXHIBIT 1 
FINDINGS AND REASONS 
As support for its decision, the City Council incorporates the staff Council Report dated 
October 10, 2011, for LU 11-0018 (with ail exhibits), the September 1, 2011, Staff Report to the 
Planning Commission (with all exhibits), together with all supplemental reports, and the 
Findings and Conclusions of the Planning Commission in this matter 
Currently LOC 50.02.005 defines "Public Facility, Minor" as including sewer, storm 
drainage or water system structures, except for "trunk lines." AS a result, utility trunk lines 
outside of the public right-of-way are considered Major Public Facilities, which must be 
processed as conditional uses. Conditional use criteria are designed to ensure that 
development can be made reasonably compatible with other uses in the vicinity through the 
imposition of conditions relating to the manner of use, setbacks, height, size, location, 
screening, lighting, landscaping, etc. LOC 50.69.010. Since underground pipelines, once 
constructed, have no land use impacts on the surrounding neighborhood, the conditional use 
process is not appropriate. For these reasons, the City Council agrees with the Planning 
Commission's recommendation that the definition of Minor Public Facility in LOC 50.02.005 
should be amended to state that only "above-ground" trunk lines are excepted. 
Concerns have been raised as to whether the minor development process provides 
adequate opportunity for public comment about infrastructure projects. Although the 
conditional use permit procedure guarantees public input opportunities, it is not otherwise 
appropriate for underground utility installations. Instead, staff has been directed to schedule a 
2 - FINDINGS AND CONCLUSIONS (LU 11-0018-1771) 
(City of Lake Oswego, LU 11-0018) 
David D. Powell, City Attorney 
City of Lake Oswego 
380 A Avenue - PO Box 369 
Lake Oswego, Oregon 97034 
T.»lAnhnn* R03.635.0575 — Facsimile 503.699.7453 
EXHIBIT 1 
1 future City Council presentation and discussion regarding opportunities for public comment on 
2 major infrastructure projects. 
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CONCLUSION 
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The City Council concludes that LU 11-0018 complies with all applicable criteria and that 
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the proposed Code amendments should be enacted. 
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P a g e 3 - F I N D I N G S A N D C O N C L U S I O N S (LU 1 1 - 0 0 1 8 - 1 7 7 1 ) 
(City of Lake Oswego, LU 11-0018) 
David D. Powell, City Attorney 
City of Lake Oswego 
3B0 A Avenue - PO Box 369 
Lake Oswego, Oregon 97034 
Telephone 503.635.0225 - Facsimile 503.699.7453 
c x vb OSWEGO 
C «GER'S OFFICE 
BOX 369 
LAKE OSWEGO, OR 97034 
DEPTOF 
Ni* 2 3 011 
L'ND CONSERVATION 
AND DEVELOPMENT 
Attn: Plan Amendment Specialist 
Dept of Land Conservation & Dev. 
635 Capitol Street NE, Suite 150 
Salem, OR 973ß4)2S40