Date: Jurisdiction: Local file no.: DLCD file no.: 12/22/2014 City of West Linn CDC 14-02 004-14 The Department of Land Conservation and Development (DLCD) received the attached notice of adopted amendment to a comprehensive plan or land use regulation on 12/12/2014. A copy of the adopted amendment is available for review at the DLCD office in Salem and the local government office. Notice of the proposed amendment was submitted to DLCD 51 days prior to the first evidentiary hearing. Appeal Procedures Eligibility to appeal this amendment is governed by ORS 197.612, ORS 197.620, and ORS 197.830. Under ORS 197.830(9), a notice of intent to appeal a land use decision to LUBA must be filed no later than 21 days after the date the decision sought to be reviewed became final. If you have questions about the date the decision became final, please contact the jurisdiction that adopted the amendment. A 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). If the amendment is not appealed, it will be deemed acknowledged as set forth in ORS 197.625(1)(a). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. If you have questions about this notice, please contact DLCD’s Plan Amendment Specialist at 503- 934-0017 or plan.amendments@state.or.us DLCD Contact NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR LAND USE REGULATION DLCD FORM 2 NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR ·LAND USE REGULATION File No.: ..~- 2. Receive~sER'JA!~ \.. ooe.ve~ .. Local governments are required to send notice of an adopted change to a comprehensive plan and use regulation no more than 20 days after the adoption. (See OAR 660-018-0040). The rules require that the notice include a completed copy of this form. This notice form is not for submittal of a completed periodic review task or a plan amendment reviewed in the manner of periodic review. Use Form 4 for an adopted urban growth boundary including over 50 acres by a city with a population greater than 2,500 within the UGB or an urban growth boundary amendment over 100 acres adopted by a metropolitan service district. Use Form 5 for an adopted urban reserve designation, or amendment to add over 50 acres, by a city with a population greater than 2,500 within the UGB. Use Fotm 6 with submittal of an adopted periodic review task. Jurisdiction: CITY OF WEST LINN Local file no.: CDC 14-02 Date of adoption: 12/08/14 Date sent: 12/11/14 Was Notice of a Proposed Change (Form 1) submitted to DLCD? Yes: Date (use the date of last revision if a revised Form 1 was submitted): 08/11/14 No Is the adopted change different from what was described in the Notice of Proposed Change? Yes No If yes, describe how the adoption differs from the proposal: Yes, a reviewsed form 1 was sent on 08/29/14 and 10/24/14. One additional change was added to Ord 1635 Section 38 Approval Authority changing the Planning Commission processing of a zone change Local contact (name and title): John J. Boyd AICP, Planning Manager Phone: 503-656-4211 E-mail: jboyd@westlinnoregon.gov Street address: 22500 Salamo Road City: West Linn Zip: 97068- PLEASE COMPLETE ALL OF THE FOLLOWING SECTIONS THAT APPLY For a change to comprehensive plan text: Identify the sections of the plan that were added or amended and which statewide planning goals those sections implement, if any: No changes to comprehensive plan text For a change to a comprehensive plan map: Identify the former and new map designations and the area affected: Change from NA to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Location of affected property (T, R, Sec., TL and address): The subject property is entirely within an urban growth boundary http://www. oregon .gov /LCD /Pages/forms. aspx -1- Form updated November 1, 2013 The subject property is partially within an urban growth boundary If the comprehensive plan map change is a UGB amendment including less than 50 acres and/or by a city with a population less than 2,500 in the urban area, indicate the number of acres of the former rural plan designation, by type, included in the boundary. Exclusive Farm Use- Acres: NA Forest- Acres: NA Rural Residential -Acres: NA Rural Commercial or Industrial -Acres: NA Non-resource- Acres: NA Marginal Lands- Acres: NA Natural Resource/Coastal/Open Space - Acres: NA Other: NA -Acres: If the comprehensive plan map change is an urban reserve amendment including less than 50 acres, or establishment or amendment of an urban reserve by a city with a population less than 2,500 in the urban area, indicate the number of acres, by plan designation, included in the boundary. Exclusive Farm Use- Acres: NA Forest- Acres: NA Rural Residential- Acres: NA Rural Commercial or Industrial - Acres: NA For a change to the text of an ordinance or code: Non-resource- Acres: NA Marginal Lands- Acres: NA Natural Resource/Coastal/Open Space- Acres: NA Other: NA ___:. Acres: Identify the sections of the ordinance or code that were added or amended by title and number: Chapts 1 2 58 9 10, 1112 13, 14, 15, 16, 19, 21, 22, 23, 24, 25 27, 28, 32, 34, 36, 37, 38, 42, 44, 46, 48, 54, 55, 56, 59,60,65,67,68, 75, 76,81,85,91,92,99, 105, 106) For a change to a zoning map: Identify the former and new base zone designations and the area affected: Change from NA Change from Change from Change from to to to to Acres: Acres: Acres: Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: NA Acres added: Acres removed: Location of affected property (T, R, Sec., TL and address): List affected state or federal agencies, local governments and special districts: ODOT, METRO, CLACKAMAS COUNTY, TVFR Identify supplemental information that is included because it may be useful to inform DLCD or members of the public of the effect of the actual change that has been submitted with this Notice of Adopted Change, if any. If the submittal, including supplementary materials, exceeds 100 pages, include a summary of the amendment briefly describing its purpose and requirements. Ordinances No 1635 CDC Maintenance and Ordinance 1636 CDC Maintenance related to changes to terms Lot, Parcel or Tract http://www. oregon .gov /LCD/Pages/forms.aspx -2- Form updated November 1, 2013 ORDINANCE NO. 1635 AN ORDINANCE AMENDING NUMEROUS CHAPTERS OF THE COMMUNITY DEVELOPMENT CODE TO MAKE THE CODE CONSISTENT WITH THE OREGON REVISED STATUTES AND OREGON ADMINISTRATIVE RULES, RE-ORGANIZE TEXT, AND MAKE NECESSARY CORRECTIONS AND CLARIFICATIONS Annotated to show deletions and additions to the code sections being modified. Deletions are bela liRea thra~gh and additions are bold underlined. WHEREAS, Chapter II, Section 4, of the West Linn City Charter provides: Powers of the City. The City shall have all powers which the Constitution, statutes and common law of the United States and of this State now or hereafter expressly or implied grant or allow the City, as fully as though this Charter specifically enumerated each of those powers; WHEREAS, City Council Goals provide for "Continue[d] efforts to update & improve the Community Development Code}/; WHEREAS, The Planning Commission held a public hearing on October 1, 2014, and recommended the City Council adopt the proposed maintenance updates to the Community Development Code as contained within Chapters 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 21, 22, 23,24,25,27,28, 32, 34,36,37,38,42,44,46,48,54,55,56,59,60,65,67,68, 75, 76,81,85,91,92, 99 and 106; and WHEREAS, Community Development Code Chapter 98 defines the procedures for legislative decision making. NOW, THEREFORE, THE CITY OF WEST LINN ORDAINS AS FOLLOWS: SECTION 1. Amendment. West Linn Community Development Code (CDC) Section 1.030 is amended as follows: 01.030 COMPLIANCE A. Except as otherwise specifically provided by this zoning code, no building or other structure shall be erected, constructed, established, occupied, altered, maintained, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the City be commenced or changed, nor shall any condition of or upon real property be caused or maintained after the effective date of this code, except in conformity with conditions prescribed for each of the several zones and general regulations established in this codehere~Raer. B. It shall be unlawful for any person to erect, construct, establish, occupy, alter, improve, enlarge, or use, or cause to be used, any building, structure, improvement ORO 1635 Page 1 of 23 or use of premises located in any zone described in this zoning code contrary to the provisions of this code. Where this zoning code imposes greater restrictions than those imposed or required by other rules or regulations or code provisions, the provisions of this zoning code shall control. SECTION 2. Repeal. West Linn CDC Section 1.050 [Certificate of Occupancy] is repealed in its entirety. Any municipal code provisions in conflict with Section 1.050 are also repealed. SECTION 3. Amendment. West Linn CDC Section 2.030, Specific Words and Terms, is amended as follows: Aeeess. Tl=ae wa•1 er means by 'NI=aiel=a JJeEiestrians ana \'el=aieles enter ana leave • JJFeJJerty. Aeeess JJ9iAt. An aeeess JJeint inel~;~aes a Elriveway, JJYblie er JJrivate streeter aeeess easemeAt. 8anlf the City. ORO. NO. 1636 a. The lot line(s) common to the lot and a street (other than an alley) that separates the lot from the street. Page 3 of 23 b. For a corner lot, the shortest lot line along a street (other than an alley) that separates the lot from the street, or as determined by the City. Lot line, rear. fer aR iRterier let, a a. A line separating one lot from another on the opposite side of the lot from the front lot line:.t b. ~For a corner lotst..:eitt:ler (bYt Ret bett:l) iRterier let liRe separatiRg eRe let ~rem aRett:ler; aRa ~er aR irregYiar er triaRgYiar shaped let, a straight liRe 10 feet iR leAgth that is parallel te a Ad at the maximYm distaAee frem the frent lot line. the line opposite the front lot line, as Tt:ie Cit'j shall determined by the City the rear let liRe fer earner lets. Lot line, side. fer iAterier lets, a line separating one lot property from the abutting lot property or lots fronting on the same street; fer eerAer lets, a liRe ether tt:laA the frent let liRe separatiAg the let from the streeter a line separatiRg tt:le let from the abYtting let along tt:le same freAtage. Any lot line that is not a front or rear lot line. An interior side lot line is a lot line separating more than one lot, or separating a lot and an alley. An exterior side lot line is a lot line separating a lot and a street other than an alley. Lot of record. A let wt:liet:l, •Nhen ereated, \\'asiA eeAfermaAee \Yith applieable lana yse regYiatieASa A unit of land created as follows: a. A lot in an existing, duly recorded subdivision; o.r, b. A parcel in an existing, duly recorded major or minor land partition; EN7 c. An existing unit of land for which a survey has been duly filed which conformed to all applicable regulations at the time of filing; or, d. Any unit of land created prior to zoning and partitioning regulations by deed or metes and bounds description, and recorded with the County Clerk. bet, thre&;:~gh. /\A iAterier let ha•JiAg frentage eA twa streets. Lot width. The horizontal distance between side lot lines, measured at the building line. Manufactured home park or subdivision. A pareel (er eeAtigYe&;:~s pareels) a~ laRa aiviaea iAte tTwo or more manufactured home lots for rent or sale or a subdivision pursuant to ORS 92.830 to 92.845 ... MiAimYm let size, The smallest area perFAittea fer a Aew let iA a partiel:llar zeAe. Fer example, iA a siAgle family resiaeAtial zene1 a siAgle hel:lse may be eenstrl:letea eA a let A9 smaller tt:laA a eertaiA size (e.g., §,QQO SE;tl:lare feet). In a m&;:~lti ~amily zeAe1 the smallest alle·Nable size ef tt:le let may vary depeAaiAg eA the A&;:~mber a~ apartmeAts er ett:ler YAits eeAstrl:letea •... ORO. NO. 1636 Page 4 of 23 Non-conforming lot. A lot or parcel which does not meet the requirements of the applicable zone in terms of required let area, width, or depth ... Partition land. To divide land to create not more than three parcels of land within a calendar year. Te di?Jide an area er tract efland inte twe er tRree parcels witRin a calendar year wRen sucR area er tract efland exists as a unit er centigueus units ef land under single ewnersRip at tRe Beginning ef tRe year. "Partitien land11 dees net incl~de divisiens efland resulting freffi lien fereclesures, divisiens efland frem fereclesures ef receraed centracts fer tRe sale ef real preperty er di\•isien efland resulting frem tRe creatien ef ceffietery lets; and "partitien land" dees net incluae any adjustn-:lent ef a ceffiffien Be~ndaF'/'.VRere an additienal parcel is net created and ?JJRere tRe existing parcel reduced in size BY tRe adjustment is net reduced Belew tRe minimuffi let standards estaBiisRed B'/ tRe zening ordinance. "Partition land11 dees net incl~de tRe sale ef a let in a recerded suodivisien, e¥en tReugR the let ma•t' Rave seen acEt~ired prier te tRe sale witR etRer centigueus lets er preperty B'f a single e·Nner. 'JJRen it appears te tl=te Planning Directer tl=tat tRe area is te ultimately oe di•Jidea inte fewr er ffiere lets er parcels, cenfern-:lance witt:. tl=te previsiens ef tRis cede pertaining te s~odh,:isiens mayoe reEtuired •... Property line. The division line between two units of land. Property line adjustment. A relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel. .. Replacement. TRe removal ef an existing structure ana placement ef a new structure en the site ef tl=te remeved structure er elsewRere en tl=te same let. Fer purpeses ef tRis Elefinitien1 diminutien ef an existing structure oy mere tl=tan SO percent ef its fleer area sRall censtitute its remeval •... Single-family attached residential units. Two dwelling units attached side by side with some structural parts in common at a common property line on separate lots or parcel. Single-family detached residential units. One dwelling unit, freestanding and structurally separated from other dwelling units or buildings, located on a lot or parcel. .. Tract. A lot or parcel, or more than one contiguous lot or parcel, in a single ownership. Yard, front. A yard between side lot lines and measured horizontally at right angles to the front lot line from the lot line to the nearest point of the building. In the case of flag lots, the front yard may either face an adjacent street right-of-way or the access driveway along the flag lot stem. The front of the house or dwelling faces the front yard. (See Figure B.) ORO. NO. 1636 Page 5 of 23 Yard, rear. A yard between side lot lines or between a street side yard and opposite side lot line and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building. The rear of the house or dwelling faces the rear yard. In the case of corner lots, the rear yard is not always on the opposite side of the house or dwelling as the front yard. Please see ElefiRitieR fer "freRt ef l=leYse eA cerRer let.'' (See Figure A.) Yard, side. A yard between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the building. The side of the house or dwelling faces the side yard. (See Figure A.) SECTION 4. Amendment. West Linn CDC Section 5.040, Determination of Zoning Boundaries, is amended as follows: B. Boundaries indicated as approximately following platted lot or parcel lines shall be construed as following such lot or parcel lines. SECTION 5. Amendment. West Linn CDC Section 8.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 6. Amendment. West Linn CDC Section 9.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B) . SECTION 7. Amendment. West Linn CDC Section 9.100, Redivision Plan Required, is amended as follows: D. A building permit issued shall be for a specified future lot or parcel and the building shall meet the setback provisions of the Low Density Residential, R-20 zone. SECTION 8. Amendment. West Linn CDC Section 10.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of ORO. NO. 1636 Page 6 of 23 consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 9. Amendment. West Linn CDC Section 11.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 10. Amendment. West Linn CDC Section 12.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 11. Amendment. West Linn CDC Section 13., Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 12. Amendment. West Linn CDC Section 14.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 13. Amendment. West Linn CDC Section 15.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). ORD. NO. 1636 Page 7 of 23 SECTION 14. Amendment. West Linn CDC Section 16.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 15. Amendment. West Linn CDC Section 19.080, Dimensional Requirements, Conditional Uses, is amended as follm..vs: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 16. Amendment. West Linn CDC Section 21.080, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a condit ional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070{A) and (B). SECTION 17. Amendment. West Linn CDC Section 22.070, Dimensional Requirements for Uses Permitted Outright and Uses Permitted Under Perscribed Conditions, is amended as follows: B. Site area requirements. A site area for purposes of this section shall be the total land area to be developed as a unit, prior to the creation of any new parcels or lots with in the land area . A site area may be either of the following : ORD. NO. 1636 1. A siAgle tax let parcel or lot, or tract twe er mere £eRtigYeYs taM lets, YAder tRe same e~\·AersRip. 2. Two or more contiguous taM lets tracts, lots or parcels under separate ownership; provided, that: a. All individual property owners are members of a group formed for the purpose of developing the properties as a single planned development; or b. All individual~ ownerships are converted into development shares prior to any building permit being issued for the project; or c. The owners shall record, in the office of the City Recorder, a contract in which all owners agree to subject the use and development of individual taM lets er ownerships to the development plan for the site area as approved by the City. No permit shall be issued on any structure or use not indicated on the City-approved development plan for the site area . Page 8 of 23 D. Undersized lots. Any permitted use under CDC 22.030, and accessory uses, may be established on a lot or parcel smaller than the minimum site area requirements which is physically separated from all other undeveloped or underdeveloped properties in this district, or which is approved as a conditional use under CDC 22.060. Uses under CDC 22.050 shall not be included in undersized lot developments. SECTION 18. Amendment. West Linn CDC Section 22.090, Dimensional Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by CDC 22.070, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 19. Amendment. West Linn CDC Section 23.080 DIMENSIONAl REQUIREMENTS, CONDITIONAl USES is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A} and (B }. SECTION 20. Amendment. West Linn CDC Section 24.060, Area of Application, is amended as follows: A. Planned unit developments (PUDs) may be established in all residentiat commercial, and industrial districts on lots or parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes of this section. SECTION 21. Amendment. West linn CDC Section 24.110, Residential Density Calculation, is amended as follows: B. Net acres for land to be developed with detached single-family dwellings, or multi- family dwellings including duplexes, is computed by subtracting the following from the gross acres: 3. A lot or parcel of at least the size required by the applicable base zone, if an existing dwelling is to remain on the site C. The allowed density or number of dwelling units on the site, subject to the limitations in CDC 24.140 and 24.150, is computed by dividing the number of square feet in the net acres by the minimum number of square feet required for each lot or parcel, by the base zone. SECTION 22. Amendment. West linn CDC Section 24.140, Transitions and limitations on Density Transfer, is amended as follows: ORD. NO. 1636 Page 9 of 23 B. Where transitions are required, they shall be satisfied by at least one of the following provisions: 1. An intervening street or driveway that is existing, platted or specifically proposed in the Transportation Master Plan and has a minimum width of 24 feet; 2. Natural topography such as a drainageway or wetland that provides adequate horizontal separation (minimum 40 feet), or a cliff or embankment that provides adequate vertical separation which shall be defined as having the PUD site at least 10 feet below the abutting non-PUD site, plus vegetation for adequate screening. The natural topography may be on an adjoining lot or parcel; 3. Manmade berm (five feet minimum height) with landscaping for adequate screening with a 40-foot minimum width . This transition must be on the subject lot or parcel; 4. The on-site lot or parcel sizes for detached single-family homes adjacent to each property line shall not be smaller than a lot 75 percent of the minimum size of the lot size allowed on the abutting lots or parcels by the applicable zone, or 7,000 square feet, whichever is less; or ... SECTION 23. Amendment. West Linn CDC Section 25 .070, Additional Standards Applicable to Historic Districts, is amended as follows: B. Standards for new construction. The standards in this section apply only to new construction in a historic district beyond alterations and additions, including new accessory structures. These standards shall apply in addition to any other applicable standards (see the Standards Applicability Matrix in CDC 25.020). 1. New construction shall complement and support the district. The historic district's defining characteristics include a discernible aesthetic rhythm of massing, scale, and siting. lnfill buildings shall not deviate in a detracting manner from these elements, but appear as complementary members of the district, by conforming to the following: a. Lot or parcel size, massing, scale, proportion, form, siting, floor area ratio, window patterns, building divisions, and height shall correspond to the contributing buildings within the district, and any specific historic district standards and the applicable requirements of the underlying zone . SECTION 24. Amendment. West Linn CDC Section 27.050, Application, is amended as follows: D. A map of the property~ indicating the nature of the proposed alteration and its relationship to property zones, structures, trees, and any other pertinent features~ ~· ORO. NO. 1636 Page 10 of 23 SECTION 25. Amendment. West Linn CDC Section 27.060, Approval Criteria, is amended as follows: C. Excavation to balance a fill shall be located on the same lot or parcel as the fill unless it is not reasonable or practicable to do so. In such cases, the excavation shall be located in the same drainage basin and as close as possible to the fill site, so long as the proposed excavation and fill will not increase flood impacts for surrounding properties as determined through hydrologic and hydraulic analysis. SECTION 26. Amendment. West Linn CDC Section 28.030, Applicability, is amended as follows: A. The Willamette and Tualatin River Protection Area is an overlay zone. The zone boundaries are identified on the City's zoning map, and include: ... 3. In addition to the Willamette Greenway and Tualatin River Protection Area boundaries, this chapter also relies on the HCA Map to delineate where development should or should not occur. Specifically, the intent is to keep out of, or minimize disturbance of, the habitat conservation areas (HCAs). Therefore, if all, or any part, of a lot or parcel is in the Willamette Greenway and Tualatin River Protection Area boundaries, and there are HCAs on the lot or parcel, a Willamette and Tualatin River Protection Area permit shall be required unless the development proposal is exempt per CDC 28.040 ... B. At the confluence of a stream or creek with either the Tualatin or Willamette River, the standards of this chapter shall apply only to those portions of the lot or parcel fronting the river. Meanwhile, development in those portions of the property facing or adjacent to the stream or creek shall meet the transition, setbacks and other provisions of Chapter 32 CDC, Water Resource Area Protection. SECTION 27. Amendment. West Linn CDC Section 28.110, Approval Criteria, is amended as follows: H. Partitions, subdivisions and incentives. 1. When partitioning dividing a property into lots or parcels, an applicant shall verify the boundaries of the HCA on the property. 2. Applicant shall partition or subdivide the site so that all lots or parcels have a buildable site or envelope available for home construction located on non-HCA land or areas designated "Habitat and Impact Areas Not Designated as HCAs" per the HCA Map. SECTION 28. Amendment. West Linn CDC Section 28.120, Site Plan, is amended as follows: B. The applicant shall submit a site plan drawn to an appropriate scale (in order of preference: one inch equals 10 feet to one inch equals 30 feet), which contains the following information: ORO. NO. 1636 Page 11 of 23 1. Assessor's Map number and tax lot number. 2. The lot or parcel boundaries, dimensions and gross area. SECTION 29. Amendment. West Linn CDC Section 42 .030, Exceptions, is amended as follows: The following described area in Willamette shall be exempt from the provisions of this chapter. The par£els units of land zoned General Commercial which abuts Willamette Falls Drive, located between lOth and 16th Streets. Beginning at the intersection of Willamette Falls Drive and 11th Street on 7th Avenue to 16th Street; on 16th Street to 9th Avenue; on 9th Avenue to 14th Street to the Tualatin River; foilowing the Tualatin River and Willamette River to 12th Street; on 12th Street to 4th Avenue; on 4th Avenue to 11th Street; on 11th Street to Willamette Falls Drive. This described area does not include the northerly side of Willamette Falls Drive. SECTION 30. Amendment. West Linn CDC Section 46.020, Applicability and General Provisions, is amended as follows : A. At the time a structure is erected or enlarged, or the use of a structure or par£el ef unit of land is changed within any zone, parking spaces, loading areas and reservoir areas shall be provided in accordance with the requirements of this chapter unless other requirements are otherwise established as a part of the development approval process. SECTION 31. Amendment. West Linn CDC Section 46.080, Computation of Required Parking Spaces and Loading Area, is amended as follows: A. Where several uses occupy a single structure or~ unit of land, a combination of uses is included in one business, or a combination of uses in the same or separate buildings share a common parking area as in the case of a shopping center, the total off- street parking spaces and loading area shall be the sum of the requirements of the several uses, computed separately. For example, parking for an auto sales and repair business would be calculated using the "retail -bulky" calculation for the sales area and the "service and repair" calculation for the repair area. In another example, parking for a shopping center with a grocery store, a restaurant, and a medical office would be calculated using the "general retail store" calculation for the grocery store, the "restaurant" calculation for the restaurant, and the "medical/dental clinics" calculation for the medical office . The total number of required parking spaces may be reduced by up to 10 percent to account for cross-patronage (when a customer visits several commercial establishments during one visit to the commercial center) of adjacent businesses or services in a commercial center w ith five or more separate commercial establishments. SECTION 32. Amendment. West Linn CDC Section 48.020, Applicability and General Provisions, is amended as follows: ORO. NO. 1636 Page 12 of 23 D. Should the owner or occupant of a lot, parcel or building enlarge or change the use to which the lot, parcel or building is put, resulting in increasing any of the requirements of this chapter, it shall be unlawful and a violation of this code to begin or maintain such altered use until the provisions of this chapter have been met, and, if required, until the appropriate approval authority under Chapter 99 CDC has approved the change. E. Owners of two or more uses, structures, lots, parcels or unit of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the requirements as designated in this code; provided, that satisfactory legal evidence is presented to the City Attorney in the form of deeds, easements, leases, or contracts to establish joint use. Copies of said instrument shall be placed on permanent file with the City Recorder. SECTION 33. Amendment. West Linn CDC Section 48 .025, Access Control, is amended as follows: B. Access control standards ... ORO. NO. 1636 3. Access options. When veh icle access is required for development (i.e., for off- street parking, delivery, service, drive-through facilities, etc.), access shall be provided by one of the following methods (planned access shall be consistent with adopted public works standards and TSP). These methods are "options" to the developer/subdivider ... c) Option 3. Access is from a public street adjacent to the development lot or parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing standards in subsection (8){6) of this section ... 5. Double-frontage lots. When a lot or parcel has frontage onto two or more streets, access shall be provided first from the street with the lowest classification . For example, access shall be provided from a local street before a collector or arterial street. When a lot or parcel has f rontage opposite that of the adjacent lots or parcels, access shall be provided from the street with the lowest classification. 7. Number of access points. For single-family (detached and attached}, two- family, and duplex housing types, one street access point is permitted per lot or parcel, when alley access cannot otherwise be provided; except that two access points may be permitted corner lots (i.e ., no more than one access per street), . subject to the access spacing standards in subsection (B){6) of this section. The number of street access points for multiple family, commercial, industriat and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. Shared access may be required, in conformance with subsection (B)(8) of this section, in order Page 13 of 23 to maintain the required access spacing, and minimize the number of access points. 8. Shared Driveways ... a. Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable parcels to indicate future extension. "Stub" means that a driveway or street temporarily ends at the property line, but may be extended in the future as the adjacent iot or parcei develops. ((Developable" means that a lot or parcel is either vacant or it is likely to receive additional development (i.e., due to infill or redevelopment potential). c. Exception. Shared driveways are not required when existing development patterns or physica l constraints (e .g., topography, lot or parcel configuration, and similar conditions) prevent extending the street/driveway in the future. SECTION 34. Amendment. West Linn CDC Section 48.030, Minimum Vehicular Requirements For Residential Uses, is amended as follows: A. Direct individual access from single-family dwellings and duplex lots to an arterial street, as designated in the transportation element of the Comprehensive Plan, is prohibited for lots or parcels created after the effective date of this code where an alternate access is either available or is expected to be available by imminent development application. Evidence of alternate or future access may include temporary cui-de-sacs, dedications or stu bouts on adjacent lots or parcels, or tentative street layout plans submitted at one time by adjacent property owner/developer or by the owner/developer, or previous owner/developer, of the property in question. SECTION 35. Amendment. West Linn CDC Section 48.060, Width and Location of Curb Cuts and Access Separation Requirements, is amended as follows: D. There shall be a minimum distance between any two adjacent curb cuts on the same side of a public street, except for one-way entrances and exits, as follows: 1. On an arterial street, 150 feet. 2. On a collector street, 75 feet. 3. Between any two curb cuts on the same lot or parcel on a local street, 30 feet. SECTION 36. Amendment. West Linn CDC Section 54.020, Approval Criteria, is amended as follows: E. Landscaping- By type, location and amount ... ORO. NO. 1636 Page 14 of 23 3. All uses (residential uses (non-single-fam ily) and non-residential uses}: . . . d. A parking, loading, or service area which abuts a street shall be set back from the right-of-way line by perimeter landscaping in the form of a landscaped strip at least 10 feet in width . When a parking, loading, or service area or driveway is contiguous to an adjoining lot or parcel, there shall be an intervening five-foot-wide landscape strip. The landscaped area shall contain: SECTION 37. Amendment. West Linn CDC Section 55.100, Approval Standards- Class II Design Review, is amended as follows : B. Relationship to the natural and physical environment. 2 . . . . c. Where stubouts of streets occur on abutting properties, and the extension of those streets will mean the loss of significant trees, tree clusters, or heritage trees, it is understood that tree loss may be inevitable. In these cases, the objective shall be to minimize tree loss. These provisions shall also apply in those cases where access, per construction code standards, to a lot or parcel is blocked by a row or screen of significant trees or tree clusters. F. Shared outdoor recreation areas ... 2. The requ ired recreation space may be provided as follows : . .. d. In considering the requirements of this subsection F, the emphasis shall be on usable recreation space. No single area of outdoor recreationa l space shall encompass an area of less than 250 square feet. All common outdoor recreational space shall be clearly delineated and readily identifiable as such. Small, marginal, and incidental lots or parcels of land are not usable recreation spaces. The location of outdoor recreation space should be integral to the overall design concept of the site and be free of hazards or constraints that would interfere with act ive recreation . SECTION 38. Amendment. West Linn CDC Section 55.110, Site Analysis, is amended as follows: B. A site analysis on a drawing at a suitable scale (in order of preference, one inch equals 10 feet to one inch equals 30 feet) which shows: 1. The~ property boundaries, dimensions, and gross area. SECTION 39. Amendment. West Linn CDC Section 55.120, Site Plan, is amended as fol lows : B. Boundary lines and dimensions for the perimeter of the property and the dimensions for al l proposed lot or parcel lines. ORO. NO. 1636 Page 15 of 23 SECTION 40. Amendment. West Linn CDC Section 56.070, Submittal Requirements, is amended as follows: B. A pre-application conference shall be a prerequisite to the filing of an application . . . 2. The following subjects shall be reviewed at the pre-application conference: .. . d. The f)areel property's location and size, the Comprehensive Plan, zoning, and other possible and applicable ordinance provisions. SECTION 41. Amendment. 'vVest Linn CDC Section 56.110, Site Ana lysis, is amended as follows: B. A site analysis on a drawing at a suitable scale (in order of preference, one inch equals 10 feet to one inch equals 30 feet) which shows: 1. The lot or parcel boundaries, dimensions, and gross area . SECTION 42. Amendment. West Linn CDC Section 59.090, Dimensiona l Requirements, Conditional Uses, is amended as follows: Except as may otherwise be established by this code, the appropriate lot or parcel size for a conditional use shall be determined by the approval authority at the time of consideration of the application based upon the criteria set forth in CDC 60.070(A) and (B). SECTION 43. Amendment. West Linn CDC Section 60.080, Site Plan and Map, is amended as follows: B. The applicant shall submit a site plan drawn to an appropriate scale (in order of preference, one inch equals 10 feet to one inch equals 30 feet) which contains the following information: 1. The subdivision name, block, and lot number or the section, township, range, and tax lot number. 2. The lot or parcel boundaries, dimensions, and gross area. SECTION 44. Amendment. West Linn CDC Section 65 .140, Site Plan(S) and M ap, is amended as follows: B. The appl ica nt shal l submit a site plan drawn to an appropriate scale {in order of preference: one foot equals 10 feet to one foot equals 30 feet) which contains the following: ORD. NO. 1636 1. The subdivision name, block, and lot number or the section, township, range, and tax lot number. 2. The lot or parcel boundaries, dimensions, and gross area . Page 16 of 23 SECTION 45. Amendment. West Linn CDC Section 67.040, Status, is amended as follows: A. A non-conforming use of land shall be allowed to continue; however, it shall not be: 1. Enlarged, increased, or extended to occupy a greater area of land or space than was occupied at the effective date of this code; or 2. Moved in whole or in part to any portion of the lot or parcel other than that occupied on the effective date of this code. SECTION 46. Amendment. West Linn CDC Section 68.040, Status, is amended as follows: A. A substandard lot of record in any residential zoning district except the Willamette Historic District, as regulated in Chapter 25 CDC, may be developed for a use allowed within the applicable zone provided: ... 5. The following improvement standards are satisfied: ... d. Sanitary sewer. Each developed lot or parcel shall be connected to the sanitary sewer at developer cost. SECTION 47. Amendment. West Linn CDC Section 75.050, Application, is amended as follows: D. Requests for more than one Class II variance for the same lot or parcel shall be consol idated in one application and reviewed concurrently by the City. E. Not more than two Class II variances may be approved for any one lot or parcel in a continuous 12-month period. SECTION 48. Amendment. West Linn CDC Section 75.060, Site Plans and Map, is amended as follows: B. The applicant shall submit a plot plan drawn to an appropriate scale (in order of preference: one inch equals 10 feet to one inch equals 30 feet} which shows the following: 1. The subdivision name, block, and lot number or the section, township, range, and tax lot number. 2. In the case of a request for a variance to a lot or parcel dimensional or building setback requirement: a. The lot or parcel configuration and dimensions, and the location of all existing structures eA tl:le let; the setback distances and the location of all structures on abutting units of land l&ts, and the setback distances; and .. . SECTION 49. Amendment. West Linn CDC Section 85.010, Purpose, is amended as follows : B. The purpose is further defined as follows: ... ORO. NO. 1636 8. To arrange for the efficient layout of utilities and infrastructure as wel l as their extension to adjacent properties pareels in a manner consistent with either adopted utility plans or sound engineering practices. Page 17 of 23 SECTION 50. Amendment. West Linn CDC Section 85.020, Scope- Conformity Required, is amended as follows: C. No building permit ar eerti~ieate a~ aee~:.~paRG'/ shall be issued for any parcel or lot which was created by subdivision or partition if it is not approved and in conformity with the provisions of this code. SECTION 51. Amendment. West Linn CDC Section 85.030, Negotiation of Sale of Lots Prohibited Unti! Approval is Granted, is amended as follows: 85.030 Sale or Negotiation to Sell lots or Parcel Prior to Approval of Tentative Plan NEGOTIATION 01= SALE OF LOTS PROHIBITED UNTIL APPROVAL IS GRANTED A. Na persaA shall Aegatiate ta sell aRylat iR a s~:.~~aivisiaR ~:>~Rtil a teAtative plaA has ~eeR appravea No person shall sell any lot in any subdivision to which approval is required until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until the tentative plan has been approved.~ B. A person may negotiate to sell any parcel in a partition for which approval of a tentative plan is required, but shall not sell a~ parcel prior to approval until the tentative plan has been approved. C. No building permits will be issued for tentatively approved lots or parcels. The final plat must be recorded before permits will be issued. SECTION 52. Repeal. West Linn CDC Section 85.040, Sale of Lots Prohibited Until Subdivision Plat is Recorded, is repealed in its entirety. Any municipal code provisions in conflict with the repeal of CDC 85.040 are also repealed. SECTION 53. Amendment. West Linn CDC Section 85.160, Submittal Requirements for Tentative Plan, is amended as follows: F. The following proposed improvements shall be shown on the tentative plan or supplemental drawings: ... 6. The~ configuration including location and approximate dimensions and~ area of each lot or parcel, and in the case of a subdivision, the proposed lot and block number. SECTION 54. Amendment. West Linn CDC Section 85.170, Submittal Requirements for Tentative Plan, is amended as follows: E. The following existing conditions shall be shown on the tentative plan of a subdivision or partition: 1. The location, widths, and names of all existing or platted streets and rights-of-way within or adjacent to the tract (within 50 feet), together with easements and other ORO. NO. 1636 Page 18 of 23 important features such as section lines, donation land claim corners, section corners, City boundary lines, and monuments. 2. Sanitary sewer information will include plan view of the sanitary sewer lines, including manhole locations and depths. Show how each lot or parcel would be sewered. SECTION 55. Amendment. West Linn CDC Section 85.180, Redivision Plan Requirement, is amended as follows: C. A building permit issued shall be for a specified future lot or parcel and the building shall meet the setback provisions of the zoning district in which the property is located SECTION 56. Amendment. West Linn CDC Section 85 .200, Approval Criteria, is amended as follows: A. Streets. ORO. NO. 1636 1. General. The location, width and grade of streets shall be considered in their relation to existing and planned streets, to the generalized or reasonable layout of streets on adjacent undeveloped lot or parcels, to topographical conditions, to public convenience and safety, to accommodate various types of transportation (automobi le, bus, pedestrian, bicycleL and to the proposed use of land to be served by the streets. The functional class of a street aids in defining the primary function and associated design standards for the facility. The hierarchy of the facilities within the network in regard to the type of traffic served (through or local trips}, balance of function (providing access and/or capacity), and the level of use (generally measured in vehicles per day) are generally dictated by the functional class. The street system shall assure an adequate traffic or circulation system with intersection angles, grades, tangents, and curves appropriate for the traffic to be carried. Streets should provide for the continuation, or the appropriate projection, of existing principal streets in surrounding areas and should not impede or adversely affect development of adjoining lands or access thereto. 15. Alleys. Alleys shall be provided in commercial and industrial districts unless other permanent provisions for access to off-street parking and loading facilities are made as approved by the decision-making authority. While alley intersections and sharp changes in alignment should be avoided, the corners of necessary alley intersections shall have radii of not less than 10 feet . Alleys may be provided in residential subdivisions or multi-family projects. The decision to locate alleys shall consider the relationship and impact of the alley to adjacent land uses. In determining whether it is appropriate to require alleys in a subdivision or partition, the following factors and design criteria should be considered : Page 19 of 23 a. The alley shall be self-contained within the subdivision. The alley shall not abut undeveloped lot or parcels which are not part of the project proposal. The alley will not stub out to abutting undeveloped parcels which are not part of the project proposal. B. Blocks and Lots. ORO. NO. 1636 3. Lot size and shape. Lot or parcel size, width, shape, and orientation shall be appropriate for the location of the subdivision or partition, for the type of use contemplated, for potential utilization of solar access, and for the protection of drainage ways, trees, and other natural features. No lot or parcel shall be dimensioned to contain part of an existing or proposed street. All lots or parcels shall be buildable, aRd t~e ln.Jildasle deptt:l s~eL.Jid Ret exeeed hte·e aRd eRe t:lalf times tt:le a•Jerage widtt:l. "Buildable" describes lots that are free of constraints such as wetlands, drainage ways, etc., that would make home construction impossible. Lot or parcel sizes shall not be less than the size required by the zoning code unless as allowed by planned unit development (PUD). Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. 5. Tt:lreL.JgR Double Frontage lots and parcels. Tt:lreYgR Double Frontage lots and parcels have frontage on a street at the front and rear property lines ef tt:le let. T~ey are alse ealled deL.J9le freRtage lets. Tt:lreL.JgR Double Frontage lots and parcels shall be avoided except where they are essential to provide separation of residential development from arterial streets or adjacent non-residential activities, or to overcome specific disadvantages of topography and orientation. A planting screen or impact mitigation easement at least 10 feet wide, and across which there shall be no right of access, may be required along the line of building sites abutting such a traffic artery or other incompatible use. 7. Flag Lots . ... b. Front yard setbacks may be based on the rear property line of the lot QLparcel which substantially separates the flag lot from the street from which the flag lot gains access. Alternately, the house and its front ya rd may be oriented in other directions so long as some measure of privacy is ensured, or it is part of a pattern of development, or it better fits the topography of the site. d. The lot depth requirement contained elsewhere in this code shall be measured from the rear property line of the lot or parcel which substantially separates the flag lot from the street from which the flag lot gains access. Page 20 of 23 8. Large lots or parcels. In dividing tracts into large lots or parcels which, at some future time, are likely to be redivided, the approval authority may~ ~require that the blocks be of such size and shape, and be so divided into building sites, and contain such easements and site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller sizeT; or b. Aalternately, in order to prevent further subdivision or partition of oversized and constrained lots or parcels, restrictions may be imposed on the subdivision or partition plat. E. ~ Grading. Grading of building sites shall conform to the following standards unless physical conditions demonstrate the propriety of other standards: ... SECTION 57. Amendment. West Linn CDC Section 85.210, lot line Adjustments- Approval Standards, is amended as follows: 85.210 W+ PROPERTY LINE ADJUSTMENTS- APPROVAL STANDARDS A. The Director shall approve or deny a request for a~ property line adjustment based on the criteria stated below: ORD. NO. 1636 1. An additional lot or parcelln1ileable let shall not be created by the~ line adjustment and the existing~ property shall not be reduced in size by the adjustments below the minimum lot or parcel size established by the approved zoning for that district. 2. 8¥-Reducing the lot or parcel size, tf:le let er strYetl:ue(s) eR tf:le let shall not be iR ·;ielatieR violate of the site development regulations for that district. For example, the~ property line adjustment shall not result in an overall loss of density below 70 percent except as allowed by CDC 85.200{J}(7). 3. The tot property line adjustment is intended to allow minor lot line deviations, or to consolidate undersized or irregular-shaped lots. It can also be used to change a limited number of property lines up to the point that the County Surveyor would determine a replat of the subdivision is in order. A replat is the eemplete reeeRfigYratieR aRe realigRmeRt ef a sYbeivisieR's let liRes. the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision. 4. New lot lines shall be generally straight with only a few deviations. Lot lines shall not gerrymander or excessively zigzag along to accommodate tool sheds, accessory structures, other buildings, etc. The figure below serves as a guide to lot line adjustments. Page 21 of 23 SECTION 58. Amendment. West Linn CDC Section 91.030, Open Space Conveyance, is amended as follows: B. By leasing or conveying title (including beneficial ownership) to a corporation, owners' association, or other legal entity. Restrictions on development of the lot or parcel shall be placed on the final plat or otherwise recorded. The specific language of the restrictions shall be approved by the City prior to recordation . The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: ... SECTION 59. Amendment. West Linn CDC Section 92.020, Improvements in Partitions, is amended as follows: The same improvements shall be installed to serve each J.e.t parcel of a partition as are required of a subdivision. However, if the approval authority finds that the nature of development in the vicinity of the partition makes installation of some improvements unreasonable, at the written request of the applicant those improvements may be waived . If the street improvement requirements are waived, the applicant shall pay an in-lieu fee for off-site street improvements, pursuant to the provisions of CDC 85.200(A}{1). In lieu of accepting an improvement, the Planning Director may recommend to the City Council that the improvement be installed in the area under special assessment financing or other facility extension policies of the City. SECTION 60. Amendment. West Linn CDC Section 99.030, Application Process: Who May Apply, Pre-Application Conference, Requirements, Refusal of Application, Fees, is amended as follows: B. Pre-application conferences .... 2. Subject to subsection (B)(3) of this section, the following applications are exempt from subsection (B)(l) of this section, pre-application conference requirement: ... f. t:&t Property line adjustments; SECTION 61. Amendment. West Linn CDC Section 99.080(E), Table of notices, Row 17, is amended as follows: I I b&t Property line adjustn1ent No notice The "Table of notices" should be alphabetized when the amendment is codified. SECTION 62. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. ORO. NO. 1636 Page 22 of 23 I ' ' I SECTION 63. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 64. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word {{ordinance" may be changed to {{code", {{article", "section~~, "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections [62-65)) need not be codified and the City Recorder or his/her designee is authorized to correct any cross-references and any typographical errors. SECTION 65. Effective Date. This ordinance shall take effect on the 30th day after its passage. The foregoing ordinance was first read by title only in accordance with Chapter VIII, Section 2(C) of the City Charter on the 8th day of December, 2014, and duly PASSED and ADOPTED this tO"\\. day of \.:>~ t--LVY"'oe---r , 2014. J~A~F ~'fv--o\\~ i