Move to approve the Findings, Conclusions and Order for LU (AP 16-02).

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1 .1 TO: FROM: Kent Studebaker, Mayor Members of the City Council David Powell, City Attorney SUBJECT: Findings, Conclusions and Order for LU (AP -0) Appeal of a one-lot partition at 1 Atherton Drive DATE: July, 0 ACTION Approve the Findings, Conclusions and Order for LU (AP -0). SUGGESTED MOTION Move to approve the Findings, Conclusions and Order for LU (AP -0). DISCUSSION On July, 0, following a public hearing, the City Council made a tentative decision to affirm the decision of the Development Review Commission and to approve LU 1-000, a one-lot partition legalizing Tax Lot at 1 Atherton Drive, with the same conditions of approval imposed by the Commission. The attached Findings, Conclusions and Order finalize this tentative decision. RECOMMENDATION Staff recommends the City Council adopt the Findings, Conclusions and Order for LU ATTACHMENT Findings, Conclusions and Order for LU A Avenue PO BOX Lake Oswego, OR 0

2 ATTACHMENT 1 BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO A ONE-PARCEL MINOR PARTITION TO LEGALIZE TAX LOT, AND RESOURCE DELINEATIONS IN RP AND RC DISTRICTS, AT 1 ATHERTON DRIVE LU MARY JO AVERY FINDINGS, CONCLUSIONS & ORDER NATURE OF PROCEEDINGS This matter came before the Lake Oswego City Council on appeals filed by the applicant and the Bella Terra Homeowners Association from the Development Review Commission s approval of a one-parcel minor partition to legalize Tax Lot at 1 Atherton Drive and to delineate resources within Resource Preservation (RP) and Resource Conservation (RC) Overlay Districts on the parcel. 1 HEARINGS The Development Review Commission held a public hearing and considered this application at its meeting of May, 0. The City Council held a public hearing to consider the appeal of the Development Review Commission s decision on July, 0. The following exhibits were submitted at the City Council hearing: Exhibit G-1 Diane Cassidy Testimony for Public Hearing, undated Exhibit G- Dave Cline dated July, 0 Exhibit G- Carol Radich dated July, 0 Exhibit G- Charles and Kathleen Hoff dated July, 0 Exhibit G- Mary McCulloch dated July, 0 Exhibit G- Elynor McPeak dated July, 0 Exhibit G- Dustin Miller dated July, 0 Exhibit G- Patti and Tom Moir dated July, 0 Exhibit G- Tree Stocking Speech to LO City Council dated July, 0 1 As discussed in the April, 0 Staff Report for LU 1-000, the RC District resource delineation is a ministerial decision that has been approved by staff, and is therefore not on appeal to the DRC or to this Council. The RP District resource delineation is being processed as a minor development, and was approved by the Development Review Commission together with the one-parcel minor partition. Page 1 FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

3 Exhibit G- Exhibit G- Charles Oppenheimer dated July, 0 Jerry A. Parsons dated July, 0 Exhibit G-1 Stu Peterson dated July, 0 Exhibit G- Kevin Poling dated July, 0 Exhibit G- from walzacker@gmail.com dated July, 0 CRITERIA AND STANDARDS A. City of Lake Oswego Community Development Code [Chapter 0]: LOC Development Restricted on Illegal Lot LOC Residential R-1 zone Dimensional Standards LOC 0.0.0; Sensitive Lands Overlay Districts LOC Parking LOC Access/Access Lanes (Flag Lots) LOC On-site Circulation-Driveways and Fire Access Roads LOC Local Street Connectivity LOC Landscaping, Screening and Buffering LOC Lighting LOC Park and Open Space LOC Weak Foundation Soils LOC Hillside Protection LOC b Drainage Standard for Major Development, Partitions, Subdivisions, & Certain Structures LOC Solar Access LOC ; Utilities LOC Conditions on Development LOC Effect of Decision LOC Appeals LOC Minor Development Decisions B. City of Lake Oswego Streets and Sidewalks Code [LOC Chapter ]: LOC.0.0 LOC C. Prior Approvals AN 0-00 FINDINGS AND REASONS Vision Clearance at Intersections Streets and Sidewalks The City Council incorporates the Findings, Conclusions & Order of the Development Review Commission for LU1-000, as well as the staff report dated April, 0, the May and May, 0 Staff Memos, and the June, 0 Council Report, each with all exhibits, as support for its decision, supplemented by the following further findings and conclusions of the City Council. In the event of any inconsistency between the Council s supplemental findings Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

4 and the incorporated matters, the Council s supplemental findings control. Following are the supplemental findings and conclusions of this Council: Tax Lot at 1 Atherton Drive was originally part of a larger parcel that also included what is now Tax lot 0 to the west. Tax Lot was created through a conveyance by deed from the owner of the larger parcel without applying for or receiving a minor development permit from the city for the partition as required by LOC a.ii.(). A lot that was not lawfully established in compliance with the Code is an illegal lot (LOC a.ii). The Code prohibits issuing a permit for the development of an illegal lot unless it is made legal under the applicable requirements for lot creation in effect at the time of an application, whether or not the applicant was responsible for creating the illegal lot (LOC a). The applicant seeks to now legalize Tax Lot for development purposes by obtaining a minor development permit for a one-parcel partition. The Development Review Commission approved the partition permit with conditions that include a requirement to dedicate right-of-way for the future extension of Siena Drive (which currently stubs off at the north boundary of Tax Lot ) through the site to the southern boundary of the parcel, together with related easements for slopes, storm drainage and public utilities. The Commission also required a waiver of remonstrance agreement for any future Local Improvement District for street frontage improvements. Another condition requires the applicant to construct a public sanitary sewer main extension though the site from the north to the south boundaries. The applicant and the Bella Terra Homeowners Association filed appeals from the Development Review Commission s decision, each objecting to the required extension of the Siena Drive right-of-way through the site. The applicant also objects to the sanitary sewer extension requirement. (Exhibits A- and A-.) Because existing Siena Drive has been stubbed to the northern boundary of Tax Lot Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

5 , the Local Street Connectivity Standards of the Community Development Code apply to the proposed partition (LOC a.ii.()). In the case of a partition that does not require construction of a street, LOC d.i requires a future connectivity plan showing how the location of future streets will allow full development of the subject parcel and abutting parcels in order to meet the standards of LOC c.ii through viii. The Council agrees with the findings in the April, 0 Staff Report that the required dedication of public rightof-way is the equivalent of a future connectivity plan because the dedication specifies the location of future streets. The right-of-way dedication also complies with LOC d.ii. by necessarily requiring structures to be placed in a manner that allows for the future street and related setbacks. The approved site plan also shows that structures will be sited to meet the zone setbacks. Among the applicable standards that must be met by the future connectivity plan (in this case the dedication), LOC c.ii mandates that street design must provide for full street connections between through streets with spacing of no more than 0 ft. measured between the center of the intersection of two through streets that provide for vehicle traffic movements in generally the same direction ( through street pairs ) with the cross street. The requirements of this subsection apply to all through street pairs that surround the site. As described in detail in the incorporated materials, because of the configuration and location of the existing streets on surrounding properties, these connectivity standards require showing a plan for a future north/south street through the subject site. Subsection c.iii requires that streets be designed to connect to all existing stub streets that that abut the development site (i.e. the stubbed Siena Drive to the north). Subsection c.iv prohibits cul-de-sacs and permanent closed-end streets except where the street spacing requirements are otherwise met. In opposing the street dedication, neither appellant has raised an issue relating to the applicability or analysis of the Code provisions discussed above, or at least not with sufficient Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

6 specificity to allow the Development Review Commission and the parties to respond to the issue. Instead, other reasons for opposition have been asserted. Both the applicant and the Bella Terra Homeowners Association (HOA) cite safety issues as a reason for opposing the street dedication. Although difficult to find in the record, the Development Review Commission concluded in its findings that the HOA and Bella Terra residents cited the exception to street connectivity standards in LOC c.vi() as support for the safety argument. In any event, no other Code provision was raised relating to that issue with sufficient specificity to allow the Commission and the parties to respond. LOC c.vi() allows an exception to the connectivity standards where the modification is the minimum to address the constraint and the application of the standards is impractical due to the following: * * * [w]here requiring a particular location of a road would result in * * * a traffic safety issue that cannot be resolved. The Commission found that, because dedication of right-of-way is not the construction of a street the traffic safety exception in c.vi() does not apply. However, the City Council notes that, while c. by its terms applies to development that requires construction of a street, d.(i) provides that, for development not requiring street construction, a future connectivity plan (or in this case the right-of-way dedication) must meet the standards of c.vi()c. ii through viii. The Council finds, therefore, that the traffic safety exception in subsection c.vi.() is available in the case of future connectivity plans and, in this case, the equivalent right-of-way dedication. Evidence in the record relating to this issue consists solely of concerns about reduced safety (especially of children) that could result from through (or cut-through ) traffic between Atherton Drive and the area to the north of the Bella Terra subdivision. Some opponents highlighted the proximity of Lakeridge High School to the north, and expressed concern about inexperienced drivers, or vehicles exceeding the speed limit. The differences in speed and volume of through traffic, as opposed to traffic on dead- Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

7 end streets or cul-de-sacs, that are assumed to inevitably result when connectivity is established, or that apply to all through streets cannot, without more, be the basis for an exception to the connectivity standard. The safety exception, in its context as an exception to connectivity requirements, requires a showing of additional, and more specific, traffic safety issues. The Council also finds that general observations about the habits or abilities of young drivers (whose driving is not limited to areas proximate to high schools) cannot, without more, warrant an exception to connectivity requirements. The testimony in the record did not establish traffic safety issues specific to the location of the proposed right-of-way beyond these general concerns. Furthermore, even if the general concerns could warrant an exception, the testimony did not establish that the concerns cannot be resolved through traffic-calming techniques, street design, traffic enforcement, or other measures, or that forgoing the otherwise-required connectivity would be the minimum [measure] to address the constraint. While the City Council understands and respects the Bella Terra residents preference for nonthrough streets, the Council nevertheless finds that the evidence in the record does not support an exception to the connectivity standards under LOC c.vi(). LOC c.vi() provides that an exception to the connectivity review standards may be allowed if the modification is the minimum necessary to address the constraint and the application of the standards is impracticable due to the following: * * * () The presence of Sensitive Lands as described in LOC or LOC * * * where regulations discourage construction of or prescribe different standards for street facilities, unless the nearest through street pairs * * * are more than one-quarter mile apart. The review authority may determine that connectivity is not required under this circumstance, if a benefit/cost analysis shows that the traffic impacts from development are low and do not provide reasonable justification for the estimated costs of a full street connection. In its appeal statement, the HOA cites this Code subsection and asserts that the proposed street is not practical from a cost/benefit perspective, due to its high costs, the Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

8 sloped topography and the presence of sensitive lands. In the June, 0 Council Report, city staff questions whether this issue was raised before the Development Review Commission with sufficient specificity to enable the Commission and the parties to respond. Staff points out that the HOA did not inform the Commission of the exception criterion it now asserts on appeal to the Council. The minutes of the Commission proceedings do not reflect the Code exception being raised. Further, the Commission did not address that criterion in its findings. At the City Council appeal hearing, the HOA introduced excerpts of comments made during the Commission proceedings, including questions raised about how road construction would be financed, questions by Commissioners as to whether the road will ever be built, or whether it is practical, or whether it is affordable or too expensive, statements that the road doesn t make sense, and testimony that installing a swimming pool on adjacent property was cost prohibitive. Also presented were quotes of staff comments to commissioners about the cost/benefit exception being tied to alignment of the future street within Sensitive Lands, rather than, as the appellants assert, a cost/benefit analysis being applied as its own standalone exception to the connectivity standard. The Council finds that this evidence falls short of establishing that a party raised the issue of whether the proposal merits an exception under LOC c.vi() with sufficient specificity to allow the Commission to address that issue. From the Commission s findings, it is apparent that the Commission did not understand that The HOA letter to the DRC, received May 1, 0, did cite the Sensitive Lands Overlay District standards, LOC 0;0.00., but only in relation to sensitive lands located within the Bella Terra subdivision. The comment regarding the connectivity standard was a generalized desire for a construction cost recapture plan. Exhibit A-. The HOA appeal statement merely listed a number of code sections, including LOC Local Street Connectivity. The HOA stated that [t]he HOA is still preparing a response listing specific details related to the Community Development Code and will provide this in sufficient time before the DRC hearing. (Exhibit A-). The DRC minutes do not reflect the HOA or any other person raising the sensitive lands exception of LOC c.ii, to the connectivity standard. It was not until the HOA s Council statement of appeal that the HOA cited the sensitive lands exception, LOC c.ii, noting the presence of sensitive lands on the site and stated that any future lots lie within a heavily sloped topography as well as having sensitive lands that forbids any design from being practical from a cost/benefit perspective. (Exhibit A-). Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

9 issue to have been raised. Staff answering Commission questions about a Code provision does not equate to a party raising an issue about the application of that provision. In any event, even if the issue of the LOC c.vi() exception had been raised with sufficient specificity, the City Council finds that raising questions about costs and practicality does not constitute an actual benefit/cost analysis showing there is no reasonable justification for the full street connection. Evidence of opinions that construction would be expensive or difficult, with no projection and analysis of expected costs, is not sufficient. Secondly, even if a sufficient benefit/cost analysis had been presented, there is no evidence in the record establishing that eliminating the future connectivity plan of a street through the site (met through the road dedication) would be the minimum [measure] necessary to address the constraint. During oral argument, the HOA suggested that it is difficult for neighbors to fund a formal cost/benefit analysis. The Council notes that cost of the analysis would typically be borne by the property owner/applicant in seeking the exception to the future connectivity plan, as the applicant has the burden of proof as to whether the exception criteria are met. Both appellants proposed eliminating the through-site road dedication and requiring only a dedication onto Tax Lot, as a method to comply with the Plat Note access restriction in Bella Terra subdivision plat. The extent of that dedication on the site would have no effect on the future connectivity plan or the placement of structures on the site from that future street. As stated previously, the street dedication was an equivalent method of showing a future connectivity plan on the site, per LOC d.i. Structures on the site would still be required to be placed back from future streets per LOC d.ii. The Council concurs with the Commission that the dedication requirement is reasonably related to alleviation of a need for public services or facilities created or contributed to by the proposed development, e.g., the street system, resulting by this one-lot partition (LOC a.iii). The Council also notes that the application included the dedication. Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

10 1 1 1 On appeal to the City Council, the applicant challenged the requirement to extend the public sewer line to the south boundary of the property. The City Council incorporates the staff response to that issue in the June, 0, Council Report, including without limitation the staff finding that the issue was not raised with sufficient specificity before the Development Review Commission, and that in any event LOC d. requires the extension to the upstream property line. The Council also incorporates the discussion of the sewer extension in the April, 0 staff report. The City Council received testimony that the required right-of-way dedication, together with the size, configuration and topography of the parcel, and the location of the sensitive lands, all combine to constrain the remaining buildable area to an extent that a home constructed on the parcel will be smaller and out of character with other residences in the area. The Council finds, however, that the Code does not provide a mechanism for undoing this unfortunate consequence of the illegal creation of Tax Lot. CONCLUSION Based upon the preceding Findings, the City Council concludes that LU 1-000, with the conditions imposed by the Development Review Commission, meets all of the applicable criteria and should be approved. 1 1 ORDER 0 1 IT IS ORDERED BY THE LAKE OSWEGO CITY COUNCIL that: 1. The City Council affirms the decision of the Development Review and approves LU subject to the conditions of approval set forth in Subsection of this Order.. The conditions of approval for LU are: A. Prior to Approval of the Final Partition Plat, the Applicant/Owner Shall: 1. Submit a final plat to City staff for review and signature of approval within one year of the date of this decision. The deadline to submit the final plat to City staff is Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

11 July 1, 01. The final plat must be dimensioned as depicted in Exhibit E- and reference this land use application City of Lake Oswego Planning and Building Services, Case File LU Upon written application, prior to expiration of the one-year period, the City Manager shall, in writing, grant a one-year extension. Additional extensions may be requested in writing and must be submitted to the City Manager for review of the project for conformance with current law, development standards and compatibility with development that may have occurred in the surrounding area. The extension may be granted or denied and, if granted, may be conditioned to require modification to bring the project into compliance with current law and compatibility with surrounding development.. The final plat shall include the following information: a. A minimum -foot right-of-way dedication for the future public street extension of Siena Drive through the site. b. Public storm drainage easements as necessary on the east side of the dedicated right-of-way, to the satisfaction of the City Engineer, to provide for future storm management facilities and conveyance lines for runoff created from the future public street extension through the site, and also to accept overflow or discharge from the newly created parcel s on-site private stormwater facility. c. Slope easement along both sides of the right-of-way, to the satisfaction of the City Engineer, for grading or potential retaining walls for the future public street extension through the site. d. Public utility easements along the site frontage to the satisfaction of the franchise utility companies.. Sign and record a Local Improvement District (LID) waiver of remonstrance agreement for participation in any future construction of street frontage improvements and record it with the plat and Notice of Development Restriction (contact Engineering staff for assistance in preparing the LID waiver). Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

12 Submit engineered construction drawings for the public improvements for review and approval by the City Engineer. Drawings shall conform to the City s most current design standards and the drafting specifications. All final engineering design drawings and as-built plans submitted for the creation of public facilities (street, wastewater, water and surface water) shall be vertically controlled by the City Datum (NGVD ) and horizontally controlled by the Oregon State Plane coordinate system (NAD /1). [Note: receiving construction plan approval is not a pre-requisite for recording the final plat.] The plans shall include the following: a. A preliminary engineered design of the future street extension through the site showing future street design grades and a street centerline profile beyond the end of the site for continuation of the street extension south of the site. The preliminary design shall be advanced enough to determine the necessary easement requirements along both sides of the right-of-way, to the satisfaction of the City Engineer, for grading or potential retaining walls for the future public street extension through the site. The preliminary design shall also include a stormwater plan for managing stormwater runoff from the future street extension in order to determine public storm drainage easements that will be needed with the construction of the future street extension. A public storm conveyance line will be needed in the future for runoff created from the imminent public street extension through the site, and also to accept overflow or discharge from the new parcel s on-site private stormwater facility, as necessary. b. Design of the -inch diameter public sanitary main extension through the site that terminates at the south boundary line of the site, to the satisfaction of the City Engineer. The design shall take into account the capacity and grade to allow for desirable future extension beyond the development. In addition, the design shall show a minimum -foot wide private sanitary easement across the newly Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

13 created parcel in order to provide future sanitary service for the existing home to the west. c. Design to extend the existing -inch public water main approximately 0 feet into the site from the end of the Siena Drive street stub abutting the property. d. Design for the individual sanitary, storm and water services. e. All new utilities shall be installed underground.. Record a separate instrument identifying the required slope easements along the street right-of-way dedication through the site, which may contain retaining walls for roadway purposes.. Record a covenant obligating the owner of the property to construct the public water main to the south property line of the site, when the future street extension improvements within the dedicated right-of-way are initiated. The covenant shall provide that the construction shall be in accordance with the then Engineering Standards and Specifications, and that if the owner declines to do so, that the City may undertake the construction, with the cost thereof being a lien upon the property.. Construct all improvements required by Condition A(), except the street [Condition A()(a)] above, or submit a financial guarantee to ensure its construction per LOC The financial guarantee shall be based on % of an itemized engineer s estimate that is in turn based on final construction plans that are far enough advanced to support the estimates, to the satisfaction of the City Engineer.. Submit a Notice of Development Restriction containing the restrictions below, for review and approval of staff as well as an ½ x survey of the RC and RP Districts delineations, to be recorded as Exhibit A. The Notice shall be recorded with the final plat. [Contact staff for a template for the Notice]. Page 1 FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

14 a. The parcel is a solar lot. Development of structures and non-exempt vegetation on this parcel shall comply with the Solar Balance Point provisions of the Solar Access section [LOC ]. These requirements shall be binding upon the applicant and subsequent purchasers of the Parcel. b. The eastern portion of the property contains delineated Resource Protection (RP) and Resource Conservation (RC) Districts as described in Exhibit E- and as determined and documented in City of Lake Oswego Planning Case file LU 1-000, and as indicated in Exhibit A. Future development in the RP District and/or RC District is subject to the City of Lake Oswego code requirements and development standards set forth in LOC Article Contact the City of Lake Oswego Planning and Building Services Department prior to commencing any activity inside the RP or RC Districts. c. The Building Official may allow an alternative to the minimum requirements of the One-and Two-Family Dwelling Specialty Code as authorized by ORS., which may include, but is not limited to, installation of an automatic fire sprinkler system, because the City of Lake Oswego has determined the fire apparatus means of approach to the Parcel may not meet the local City standards adopted in accordance with the applicable Fire Code and state building code requirements. The owners or owners representative shall offer an approved alternate method for fire suppression, such as an NFPA -D residential fire sprinkler system, to the satisfaction of the Fire Marshal and Building Official.. Submit a preliminary title report or lot book report showing the status of title and any liens and encumbrances. B. Within 0 Days of the Recordation of the Final Partition Plat, the Applicant/Owner Shall: 1. Submit a final title report, or lot book report from a title company Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

15 demonstrating that the plat, dedication, easements and covenants were recorded and that Notice of Development Restrictions is valid and subsisting, and that the parcels are either free and clear of liens or encumbrances, or that the holders of the liens and encumbrances consent to the plat recordation, dedication, easements and Notice of Development Restriction. C. Prior to the Issuance of any Grading or Building Permits to Construct Any Structure the Applicant/Owner Shall: 1. Complete all public improvements as required by Condition A(), above, except the street, and submit certified as-built drawings, and receive a certificate of completion and acceptance by the City.. Submit a stormwater disposal plan for the parcel, prepared by a registered engineer, to the satisfaction of the City Engineer. All infiltration systems shall meet minimum setbacks of five feet from property lines and feet from building foundations. Driveway runoff cannot be directed to a subsurface infiltration disposal system without Department of Environmental Quality (DEQ) approval. Any emergency overflow pipes shall be conveyed to an approved point of disposal.. Submit a design for the new driveway approach in compliance with both the AASHTO and the City s vision clearance standards. No vegetation, fence, or signage higher than 0 inches shall be located within the vision clearance triangles. The sight distance analysis shall also discuss the driveway approach location will comply with AASHTO standards after the street extension is constructed through the site in the future.. Submit a site plan illustrating a modified turn-around at the end of the driveway, such as a hammer head, at least 1 feet wide that would extend far enough south past the driveway portion so that the turning radius accommodates a fire engine, to the satisfaction of the Fire Marshal.. Submit a copy of the Geotechnical Report with the building permit plans. Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

16 Apply for and obtain any necessary tree removal permits for trees that may need to be removed for driveway or house construction.. Per LOC Chapter, apply for and obtain an erosion prevention and sediment control permit and once approved, install and maintain all best management practices as indicated in the permit. These measures shall remain in place throughout construction period.. Pay all applicable System Development Charges pertaining to the development. D. Prior to the Final Building Inspection or Occupancy of a Dwelling on Any Parcel, the Applicant/Owner Shall: 1. Provide certification from the engineer of record that the stormwater facility for the newly created parcel was constructed according to the approved design and is functioning properly.. Provide certification from a professional engineer that the access is constructed in accordance with the Fire Code. Code Requirements: 1. Tree Protection: Submit a tree protection permit application as required by LOC.0.00 and.0.00 for review and approval of staff, including off-site trees that are within the construction zone. This plan shall be attached to the construction documents or printed on the construction site plans, and shall include: a. The location of temporary tree protection fencing, consisting of a minimum -foot high cyclone fence secured by steel posts, around the tree protection zone, or as recommended by the project arborist and approved by the City. b. A note stating that no fill or compaction shall occur within the critical root zones of any of the trees, or that if fill or compaction is unavoidable, measures will be taken as recommended by a certified arborist to reduce or Page 1 FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

17 mitigate the impact of the fill or compaction. Such measures shall be clearly outlined in the tree protection plan. The note shall also inform contractors that the project arborist shall be on site and oversee all construction activities within the tree protection zone. c. A note that clearly informs all site contractors about the necessity of preventing damage to the trees, including bark and root zone. The applicant and contractor(s) shall be subject to fines, penalties and mitigation for trees that are damaged or destroyed during construction. d. A sign shall be attached to the tree protection fencing, which states that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manager and project arborist.. Install a sign at the end of Sienna Drive that gives notice that the street may be extended in the future. Notes: 1. The applicant is advised to take part in a post-land Use Approval meeting. City staff offers the applicant an opportunity to meet and discuss this decision and the conditions of approval necessary to finalize the project. The purpose of the meeting is to ensure the applicant understands all the conditions and to identify other permits necessary to complete the project. To take advantage of this meeting, please contact the staff coordinator at (0) The land use approval for this project does not imply approval of a particular design, product, material, size, method of work, or layout of public infrastructure except where a condition of approval has been devised to control a particular design element or material.. Development plans review, permit approval, and inspections by the City of Lake Oswego Planning and Building Services Department are limited to compliance with the Lake Oswego Community Development Code, and related code provisions. The applicants are Page FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0

18 1 advised to review plans for compliance with applicable state and federal laws and regulations that could relate to the development, i.e., Americans with Disabilities Act, Endangered Species Act. Staff may advise the applicants of issues regarding state and federal laws that staff member believes would be helpful to the applicants, but any such advice or comment is not a determination or interpretation of federal or state law or regulation. AYES: NOES: ABSENT: ABSTAIN: EXCUSED: DATED this 1 th day of July, 0. Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder Page 1 FINDINGS, CONCLUSIONS & ORDER (LU 1-000) PO BOX / 0 A AVENUE LAKE OSWEGO, OREGON 0