Ordinance 2766, Accessory Structure Setback Amendments (LU )

Transcription

1 5.4 TO: FROM: SUBJECT: Kent Studebaker, Mayor Members of the City Council Scott Lazenby, City Manager Leslie Hamilton, AICP, Senior Planner Planning and Building Services Ordinance 2766, Accessory Structure Setback Amendments (LU ) DATE: January 26, 2018 MEETING DATE: February 6, 2018 ACTION Conduct a public hearing on Ordinance 2766, amending LOC Chapter 50 for the purpose of standardizing setbacks for noise-producing accessory structures (i.e., air conditioners, heat pumps, pool motors, etc.), and adopting findings (LU ). SUGGESTED MOTION Move to enact Ordinance 2766 and adopt findings for LU INTRODUCTION/BACKGROUND The purpose of the proposed amendments is to standardize setbacks for noise-producing accessory structures. In Lake Oswego, the setbacks for accessory structures such as AC units and heat pumps vary widely by zone and overlay, and by date of development. The result is that similar properties can have significantly different setbacks for mechanical units. Additionally, because residential Planned Developments (PDs) have site-specific setbacks that are not codified in the Development Code, it is difficult for the public to identify setbacks applicable to specific property. The proposed amendments (Ordinance 2766) standardize the side and rear setbacks for accessory structures throughout all residential zones, including PDs. Many setbacks would not be affected by the standardization. Certain side and rear setbacks would increase or decrease by feet, which would not be noticeably perceptible on abutting properties. Additionally, decreases in Street Side Yard setbacks would not noticeable affect nearby properties because A Avenue PO BOX 369 Lake Oswego, OR

2 Page 2 of the additional separation provided by the right-of-way. The amendments identify applicable setbacks in one code section, and provide for simple administration of the standards. This process is part of the City s ongoing effort to make the regulations more business-friendly and resident-friendly while maintaining community standards. The Council members were invited to contact staff with any questions prior to the hearing. ALTERNATIVES & FISCAL IMPACT The proposed amendments may indirectly have a positive fiscal impact, as they include some code streamlining. RECOMMENDATION Staff recommends that the City Council approve LU and enact Ordinance EXHIBITS A. Draft Ordinances A-1.1 Draft Ordinance 2766, 01/24/18 (supersedes Exhibit A-1) Attachment 1: Draft City Council Findings Attachment 2: Draft Code Text, 01/10/18 (supersedes version dated 09/18/17) B. Findings, Conclusions and Order B-1 Planning Commission Findings, Conclusions and Order, 01/22/18 C. Minutes C-1 Planning Commission Minutes Draft Excerpt, 01/08/18 D. Staff Reports D-1 Staff Memo Planning Commission Work Session, 06/29/17 D-2 Staff Memo Planning Commission Work Session, 09/25/17 D-3 Staff Report Planning Commission Staff Report, 12/27/17 E. Graphics/Plans [No current exhibits; reserved for hearing use] F. Written Materials [No current exhibits; reserved for hearing use] G. Letters G-1 Letter from Audrey Block, 01/08/ A Avenue PO BOX 369 Lake Oswego, OR

3 Page 3 Staff reports and public meeting materials can be found by visiting the project web page. Use the link below to visit the City s Project page. In the Search box enter LU then press Submit : A Avenue PO BOX 369 Lake Oswego, OR

4 DRAFT 01/24/18 EXHIBIT A-1.1 LU ORDINANCE 2766 AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING LOC OF CHAPTER 50 (COMMUNITY DEVELOPMENT CODE) FOR THE PURPOSE OF STANDARDIZING SETBACKS FOR NOISE-PRODUCING ACCESSORY STRUCTURES IN RESIDENTIAL ZONES; AND ADOPTING FINDINGS (LU ). WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the manner required by law; and WHEREAS, a public hearing before the Planning Commission was held on November 27, 2017, and January 8, 2018, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, the Planning Commission has recommended that LU be approved by the City Council; and WHEREAS, a public hearing on LU was held before the Lake Oswego City Council on February 6, 2018, at which the staff report, testimony, and evidence were received and considered; and WHEREAS, the Council finds that the Community Development Code should be amended to standardize setbacks for noise-producing accessory structures in residential zones; and The City of Lake Oswego ordains as follows: Section 1. The City Council adopts the Findings and Conclusions (LU ), attached as Attachment 1. Section 2. The Lake Oswego Code is amended by adding the new text shown in double underlined type and deleting text shown in strikethrough type as shown in Attachment 2. Section 3. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. As provided by Section 35.C. of the Lake Oswego Charter, this ordinance shall take effect on the 30th day following enactment. Enacted at the meeting of the Lake Oswego City Council of the City of Lake Oswego held on the 6th day of February, Ordinance 2766 (LU ) EXHIBIT A-1.1/PAGE 1 OF 2

5 DRAFT 01/24/18 AYES: NOES: ABSENT: ABSTAIN: EXCUSED: Kent Studebaker, Mayor Dated: ATTEST: APPROVED AS TO FORM: Anne-Marie Simpson, City Recorder David Powell City Attorney Ordinance 2766 (LU ) EXHIBIT A-1.1/PAGE 2 OF 2

6 DRAFT: 01/30/2018 A REQUEST FOR AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE FOR THE PURPOSE OF STANDARDIZING SETBACKS FOR NOISE-PRODUCING ACCESSORY STRUCTURES. NATURE OF PROCEEDINGS BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO LU CITY OF LAKE OSWEGO FINDINGS AND CONCLUSIONS This matter came before the Lake Oswego City Council on the recommendation of the Planning Commission for legislative amendments to the Community Development Code (CDC) to standardize setbacks for noise-producing accessory structures. The proposed amendments are to LOC Accessory Structures HEARINGS The Planning Commission held a public hearing and considered this application at its meeting on January 8, The Commission adopted its Findings, Conclusion and Order recommending approval of LU on January 22, The City Council held a public hearing and considered the Planning Commission s recommendation on February 6, ATTACHMENT 1 LU (Ordinance 2766) CRITERIA AND STANDARDS A. City of Lake Oswego Comprehensive Plan: Community Culture Civic Engagement, Policies 1 and 2 Land Use Planning Development (Community Development Code), Policies A-3 and A- 1(b) Land Use Planning - Land Use Administration, Policy D-1 Inspiring Spaces and Places Goal 1, Policy 1.a B. City of Lake Oswego Community Development Code: LOC c LOC a LOC b LOC c Published Notice for Legislative Hearing Legislative Decisions Defined Criteria for Legislative Decision Required Notice to DLCD ATTACHMENT 1/PAGE 1 FINDINGS AND CONCLUSIONS (LU ) DAVID D. POWELL LAKE OSWEGO CITY ATTORNEY S OFFICE PO BOX 369 / 380 A AVENUE LAKE OSWEGO, OREGON / (F)

7 DRAFT: 01/30/ LOC d Planning Commission Recommendation Required LOC e City Council Review and Decision FINDINGS AND REASONS The City Council incorporates the staff reports dated December 27, 2017 and January 25, 2018 for LU , with all exhibits, and the Findings and Reasons in the Planning Commission s January 22, 2018 Findings, Conclusions and Order, as support for the City Council s decision. CONCLUSION The City Council concludes that LU , as recommended by the Planning Commission, complies with all applicable criteria and should be approved. The Council also concludes that proposed Ordinance 2766, which implements LU , should be enacted ATTACHMENT 1/PAGE 2 FINDINGS AND CONCLUSIONS (LU ) DAVID D. POWELL LAKE OSWEGO CITY ATTORNEY S OFFICE PO BOX 369 / 380 A AVENUE LAKE OSWEGO, OREGON / (F)

8 Accessory Structures and Uses ATTACHMENT 2 (Ordinance 2766) LU ACCESSORY STRUCTURES a. Structure Specific Regulations i. Pool Covers and Equipment: (1) Pool covers shall not exceed 15 ft. in height. (2) Pool equipment shall be located within an enclosed structure. ii. "Parabolic antennas" that have a diameter greater than 40 in. may only be placed in rear yards, on the ground, and must be screened by landscaping. iii. Except as provided in LOC , Sensitive Lands Overlay Districts, boathouses and docks along Oswego Lake and its canals may be placed on a property line. iv. Residential hheat pumps, air conditioners or similar noise-producing mechanical equipment shall meet the required front setbacks of the zone. Notwithstanding the side and rear setbacks of the zone, the equipment shall be set back from the side, street side and rear property lines as follows: Interior Side Yard: Street Side Yard, Local Street: Street Side Yard, All Other: Rear: 5 ft. 10 ft. 15 ft. 10 ft. b. Reduction of Side or Rear Yard Setbacks for Accessory Structures i. Regular Lot. On a nonflag lot, a rear yard setback may be reduced to three ft. and a side yard setback may be reduced to five ft. for an accessory structure in a residential zone if the structure complies with the following criteria: (1) The accessory structure is erected more than 40 ft. from any street. For the purposes of this subsection, an alley shall not be considered a street. The side and rear setbacks for a detached garage obtaining access from an alley may be reduced to three ft. or to the degree the garage maintains access that provides an outside front wheel turning radius of at least 25 ft., whichever is greater. 01/10/2018 Accessory Structure Code Amendments LU (Ordinance 2766) ATTACHMENT 2/PAGE 1 OF 3

9 (2) For an accessory structure greater than four ft. in height, the accessory structure is detached from other buildings by three ft. or more. (3) The accessory structure does not exceed a height of ten ft. nor an area of 600 sq. ft. footprint. ii. Flag Lots. A side or rear yard setback may be reduced to six ft. on a flag lot when the criteria in subsections 2.b.i(1) through (3) of this section are met. iii. The setback exception authorized by subsection 2.b.i or 2.b.ii of this section does not apply to: (1) Setbacks required by LOC , Special Street Setbacks; (2) Noise-producing accessory structures such as heat pumps, air conditioners, swimming pool motors, etc.; (3) Lot is zoned R-6; (4) Accessory structures used as secondary dwelling units. [Cross-Reference: LOC e.ii R-6 Yard Setback Standards.] 01/10/2018 Accessory Structure Code Amendments LU (Ordinance 2766) ATTACHMENT 2/PAGE 2 OF 3

10 Standardized setbacks for noise-producing accessory structures. Establishes standard setbacks for residential mechanical units. No change to front setbacks all mechanical units must meet zone front setback. Sides and rear would range from 5-15 feet (currently side and rear setbacks range from 5-10 (interior side), (street side) and 5-15 (rear). Current Interior Sides: 5-10 ft. Proposed Interior Sides: 5 ft. Current Street Sides: ft. Proposed Street Sides: ft. Current Rear: 5-15 ft. Proposed Rear: 10 ft. Front setbacks for AC (i.e., noise producing), NO CHANGES PROPOSED: 10 feet: R-DD, R-0, R-2, R-3, R-5, some PDs 20 feet: R-6, some PDs 25 feet: R-7.5, R-10, R-15, some PDs Side setbacks for AC (i.e., noise producing) before exception: 5 feet: R-6, R-7.5, some PDs 10 feet: R-DD, R-0, R-2, R-3, R-5, R-10, R-15, some PDs these setbacks would decrease to 5 ft. Street side setbacks for AC (i.e., noise producing) before exception 10 feet, all streets: R-DD, R-0, R-2, R-3, R-5, some PDs 7.5 feet, local streets: R-6 these setbacks would increase to 10 ft. 15 feet, local streets: R-7.5, R-10, R-15, some PDs these setbacks would decrease to 10 ft. 20 feet, arterial and collector streets: R-6, R-7.5, R-10, R-15, some PDs these setbacks would decrease to 15 ft. Rear setbacks for AC (i.e., noise producing) before exception 5 feet: R-6, some PDs these setbacks would increase to 10 ft. 10 feet: R-DD, R-0, R-2, R-3, R-5, R-7.5, some PDs 15 feet: R-10, R-15, some PDs these setbacks would decrease to 10 ft. Pool Equipment: Requires pool equipment to be located within an enclosed structure; this will provide noise attenuation and the application of setbacks. 01/10/2018 Accessory Structure Code Amendments LU (Ordinance 2766) ATTACHMENT 2/PAGE 3 OF 3

11 APPROVED: 01/22/18 EXHIBIT B-1 LU BEFORE THE PLANNING COMMISSION OF THE CITY OF LAKE OSWEGO A REQUEST FOR AMENDMENTS TO THE ) LU COMMUNITY DEVELOPMENT CODE FOR THE ) (CITY OF LAKE OSWEGO) PURPOSE OF STANDARDIZING SETBACKS FOR ) FINDINGS, CONCLUSIONS & ORDER NOISE-PRODUCING ACCESSORY STRUCTURES; ) ORDINANCE ) NATURE OF APPLICATION The City of Lake Oswego is requesting approval of legislative amendments (Ordinance 2766) to the Lake Oswego Community Development Code (CDC) for the purpose of standardizing setbacks for noise-producing accessory structures. Proposed amendments are to: LOC Accessory Structures HEARINGS The Planning Commission held a public hearing and considered this application at its meeting on January 8, The following information was presented to the Commission at its January 8, 2018 hearing and added into the record: G-1 Letter from Audrey Block, dated January 8, 2018 CRITERIA AND STANDARDS A. City of Lake Oswego Comprehensive Plan Community Culture Civic Engagement, Policies 1 and 2 Land Use Planning Development (Community Development Code), Policies A-3 and A-1(b) Land Use Planning Land Use Administration, Policy D-1 Inspiring Spaces and Places Goal 1, Policy 1.a B. City of Lake Oswego Community Development Code LOC c. Published Notice for Legislative Hearing LOC a Legislative Decisions Defined LOC b Criteria for Legislative Decision LOC c Required Notice to DLCD LOC d.iii Planning Commission Recommendation Required LOC e City Council Review and Decision LU EXHIBIT B-1/Page 1 of 3

12 APPROVED: 01/22/ CONCLUSION The Planning Commission concludes that the recommended Code Amendments in Attachment 2 (dated 01/10/18) of proposed Ordinance 2766 are in compliance with all applicable criteria. FINDINGS AND REASONS The Planning Commission (Commission) incorporates the staff report, dated December 27, 2017 (with all exhibits attached thereto), as support for its decision, supplemented by the further findings and conclusions set forth herein. In the event of any inconsistency between the supplementary matter herein and the staff report, the matter herein controls. Following are the supplementary findings and conclusions of this Commission: 1. One citizen testified in support of adopting objective numerical standards for noise, i.e., a maximum decibel level for new noise-producing accessory structures. The testimony did not identify a specific Comprehsensive Plan policy that requires a decibel-based noise standard. The Commission finds that the low number of noise complaints received per year does not justify adopting decibel-level regulations that would add time and expense for property owners pursuing mechanical permits for noise-producing accessory structures. The Commission notes that noise complaints resulting from accessory structures are addressed under the non-land use noise regulations of LOC Nuisances. Finally, the Commission also notes the Comprehensive Plan, Community Health and Public Safety Chapter, Summary of Major Issues (pg. 144), states decibel level standards can be more difficult to enforce since noise levels are perceived differently by individuals, and that the City s capacity to investigate noise standards and enforce the code would also have to be considered in adopting any new standards. ORDER IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that: 1. The Planning Commission recommends that proposed Ordinance 2766, with Attachment 2 (01/10/18) [LU ] be approved by the City Council. I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of the City of Lake Oswego. LU EXHIBIT B-1/Page 2 of 3

13 APPROVED: 01/22/ DATED this 22nd day of January, Robert Heape /s/ Robert Heape, Chair Planning Commission ATTEST: PRELIMINARY RECOMMENDATION - January 8, 2018 AYES: Arthur, Baker, Brockman, Hansen, Heape, Sweers, Ward NOES: None ABSTAIN: None EXCUSED: None ADOPTION OF FINDINGS AND ORDER - January 22, 2018 AYES: Arthur, Baker, Brockman, Hansen, Heape, Sweers, Ward NOES: None ABSTAIN: None EXCUSED: None LU EXHIBIT B-1/Page 3 of 3

14 DRAFT: 01/26/18 EXHIBIT C-1 LU CALL TO ORDER CITY OF LAKE OSWEGO Planning Commission Minutes EXCERPT OF LU January 8, 2018 Chair Heape called the meeting to order at 6:30 p.m. in the Council Chamber of City Hall, 380 A Avenue, Lake Oswego, Oregon. ROLL CALL Members present were Chair Robert Heape, and Commissioners Randy Arthur, Skip Baker, Ed Brockman, Vickie Hansen, Nicholas Sweers, and Bill Ward. Jackie Manz, City Councilor was also present. Staff present were Scot Siegel, Planning and Building Services Director; Evan Boone, Deputy City Attorney; Leslie Hamilton, Senior Planner; Bill Youngblood, Code Enforcement Specialist; and Iris McCaleb, Administrative Support. Arthur seconded the motion and it passed 6:0:1. Vice Chair Ward abstained. PUBLIC HEARING PLEASE NOTE THAT THESE DRAFT MINUTES HAVE NOT BEEN REVIEWED OR APPROVED BY THE PLANNING COMMISION. Community Development Code Amendments to Standardize Setbacks for Noise-Producing Accessory Structures (LU ). This hearing was continued from November 27, A request from the City of Lake Oswego for proposed amendments to the Community Development Code [LOC , Accessory Structures] to standardize setbacks for noise-producing accessory structures (i.e., air conditioners, heat pumps, pool motors, etc.) in residential zones. Staff coordinator was Leslie Hamilton, Senior Planner. Chair Heape opened the hearing. Mr. Boone outlined the applicable criteria and procedures. At time of declarations no conflicts of interest were reported. No one challenged any Commissioner s right to consider the application. Staff Report Ms. Hamilton provided the staff report, including a brief PowerPoint presentation. She noted Exhibit G-1, a letter from a citizen that had arrived after 5pm that afternoon. She showed a slide of Table , Accessory Structure Setbacks, and noted that there were additional standards that were not in the Code that could be overlooked, including Planned Development (PD) Setbacks. She showed a slide of Accessory Structure Setbacks/Information not in the Development Code PD Setbacks: PDs Approved before August 2003: Same as primary structure setbacks established by the PD PDs approved after August 2003: Same setbacks as described in Table Setback Reduction, per LOC b applies to all PDs. City of Lake Oswego Planning Commission Minutes of January 8, 2018 EXHIBIT C-1/Page 1 of 4

15 DRAFT: 01/26/18 She explained that the discrepancy was that there could be some very similar developments next to each other with very different setbacks. Ms. Hamilton reviewed the three options presented for the Commission s consideration: Option 1 Standardized residential setbacks for noise-producing accessory structures. Applied to outdoor heat pumps, air conditioners, and pool equipment. Front setbacks: Side setbacks (interior) Side setbacks (street) Rear setbacks: Pool equipment: No changes Some decreases from 10 ft. to 5 ft. Some increases from 7.5 ft. to 10 ft. Some decreases from 15 ft. to 10 ft., 20 ft. to 15 ft. Some increases from 5 ft. to 10 ft. Some decreases from 15 ft. to 10 ft. Must be located within an enclosed structure No change was more than 5 feet. Option 2 Same standardization as Option 1 Pool equipment must be located within an enclosed structure All new mechanical equipment must be rated at 55 decibels (dba) or less Option 3 Same standardization as Option 1 Pool equipment must be located within an enclosed structure All new mechanical equipment to be rated at 45 dba or less if located feet from interior side property line Ms. Hamilton summarized that Option 1 was the easiest to administer and nothing new had to be provided by the applicant for a building permit. Options 2 and 3 had additional documentation that the applicant would have to submit, it would take more time to get a mechanical permit, it would increase processing time and potential cost. For Options 2 and 3, the 55 dba was based on codes from several other jurisdictions, with the dba being measured at the property line and requiring that someone be available to take noise measurements. She added that she had found two heat pump units and two air conditioning units with a dba of 55 and less; more units were available when the dba was in the range of 55 to 60. If the Commission were to go with either Option 2 or 3 there may need to be additional requirements for baffling or noise attenuation blankets. She pointed out that another wrinkle with Options 2 and 3 was that dba was a weighted noise measurement that reduced low-frequency sounds, where most unit specifications were listed in DB, which would need to be addressed. She noted that Bill Youngblood, Code Enforcement Specialist, was in attendance to answer questions about code enforcement and how he addressed noise complaints. Mr. Siegel noted that staff s research found other communities ranged from a 1-foot minimum setback for mechanical equipment to 5 feet. He indicated there was variation and not all had decibel limitations, however the Commission had suggested this option be researched. If the Commission were to consider Option 2 or 3, they might want to ask staff to do further research. City of Lake Oswego Planning Commission Minutes of January 8, 2018 EXHIBIT C-1/Page 2 of 4

16 DRAFT: 01/26/18 Questions of Staff Commissioner Brockman expressed concern that Options 2 and 3 would require someone to purchase a new unit that was more expensive than what they might be able to afford. Ms. Hamilton responded that typically the quieter units were more expensive. Mr. Siegel noted that it was usually the compressor that generated the most noise. In response to a question if the City differentiated between disturbing the peace and noise reduction, Mr. Youngblood provided detail on the noise ordinance, which focused on noise that was loud, disturbing, and unnecessary and one example of how it was used related to dog barking. In response to a question from the Commission, he stated that the City did not have a device to measure decibel levels because the City did not have any requirements related to decibels. Mr. Boone advised the noise code addressed noise that was loud, disturbing, and unnecessary; if a noise was loud and disturbing, the City would look at the standard for the type of equipment that was being used to determine if it was unnecessary noise. In response to a question if the Commission was being asked to create objective or subjective standards, Mr. Boone noted that Option 1 was only relevant to the placement; there was already a code in place that dealt with the unnecessary, which could be more subjective. He clarified that Options 2 and 3 would impose noise regulations relative to accessory equipment, in addition to the existing noise code. Commissioner Brockman asked if a machine was older and in need of replacement or repair because it had become noisier than it should be, would that noise be deemed unnecessary, which Mr. Boone concurred with. In response to a question from the Commission, Mr. Youngblood indicated that in the ten years he had worked with the City he had received 10 complaints of this sort. Vice Chair Ward commented that manufacturers were aiming to reduce the sound levels. He added he would be inclined to impose decibel limits. None. None. None. Chair Heape opened deliberations. Public Testimony Rebuttal Questions of Applicant Deliberations Commissioner Brockman noted he was in favor of Option 1 if it wasn t broken don t fix it. Commissioner Baker noted he liked the idea of Option 2 prior to the hearing but after hearing more information he was inclined to support Option 1 and to leave any changes related to noise up to the Council. Chair Heape stated he would like to see there be an objective standard; he noted the written testimony also suggested making it as objective as possible. However, he also had concerns related to the availability of units that met the objective standards being proposed in terms of decibels, from the 45- to 60-dBA range and the amount of burden that could be placed on homeowners; there could be unintended consequences. Ms. Hamilton reviewed the types of equipment and decibel levels she found in her research, in response to a question from Vice Chair Ward. Vice Chair Ward opined it would be very difficult to meet. Mr. Siegel added that the manufacturer s rating was as low as and the sound level could vary based on siting, topography, fencing, etc. Vice Chair Ward wondered if it would be worthwhile to set a level at 60 dba. Ms. Hamilton clarified that the sound level would be City of Lake Oswego Planning Commission Minutes of January 8, 2018 EXHIBIT C-1/Page 3 of 4

17 DRAFT: 01/26/18 based on what was submitted with the application, not field measurements. Chair Heape asked if under other options, was it possible they were being too aggressive in setting the decibel level? Ms. Hamilton indicated that one option would be to increase the decibel range and another option would be to require above a certain decibel level some sort of sound attenuation, either blankets that wrap the units or baffling panels. She clarified that this could be an additional requirement over a certain decibel level. Commissioner Baker moved to approve and recommend the City Council approve Community Development Code Amendments to Standardize Setbacks for Noise-Producing Accessory Structures Option 1 (Ordinance 2766, LU ), returning with Findings, Conclusion, and Order on January 22, Commissioner Sweers seconded the motion. The motion passed 7:0. City of Lake Oswego Planning Commission Minutes of January 8, 2018 EXHIBIT C-1/Page 4 of 4

18 TO: FROM: Lake Oswego Planning Commission Leslie Hamilton, Senior Planner SUBJECT: Accessory Structures: Setbacks and Noise Work Session #1 (PP ) DATE: June 29, 2017 MEETING DATE: July 10, 2017 On July 10, the Planning Commission (Commission) will conduct a work session for proposed amendments to the Community Development Code (Chapter 50) to standardize setbacks for noise-producing accessory structures. This amendment was originally included in the 2016 Code Amendment package (LU ) but was removed due to the larger policy discussion required by the topic. The purpose of the work session is for the Commission to become familiar with and provide input on the proposed amendments. [Note: the amendment would apply only to mechanical units, not to all accessory structures, which includes sheds, detached garages, etc.]. Accessory Structure Setbacks Standardize for Air Conditioning (AC) Units and Heat Pumps [LOC b and various]. The Environmental Protection Agency estimates that 87% of US homes had air conditioning in 2009, which is an increase from 68% from 1993 (Attachment B). In 2011, 88% of new singlefamily homes were equipped with air conditioning. This percentage may be smaller in the Pacific Northwest due to our relatively mild climate, but the trend is that AC is becoming a standard feature in most homes. In Lake Oswego, the setbacks for accessory structures such as AC units and heat pumps vary widely by zone and overlay, and by the date of development, as shown in Attachment A and below: For Planned Developments approved before August 2003, the setbacks for all accessory structures are the same as for the primary structure. For Planned Developments approved after August 2003, the setbacks for accessory structures are the same as the accessory structure setbacks of the underlying zone. EXHIBIT D-1/PAGE 1 OF 9

19 Page 2 of 2 For all residential zones, the side and rear setbacks for accessory structures range from 5-10 feet (interior sides), feet (street sides) and 5-15 feet (rear). The result is that similar properties can have widely different setbacks for mechanical units. To streamline the code, staff recommends standardizing setbacks for mechanical units such as AC units and heat pumps, and requests direction from the Commission on this effort. One option could be to apply the zone setback to the front setback for mechanical units, while standardizing the side and rear setbacks to 5 feet and 10 feet, respectively. While many setbacks would remain the same, the proposed standardization would result in increases and decreases between 2.5 and 5 feet for some setbacks. In 2016, the Commission requested information on typical noise levels for mechanical units. As shown in Attachment C, the typical mechanical unit emits noise levels around 50 decibels (db), which is less than a vacuum cleaner (70 db). The quietest new AC units and heat pumps emit between 37 and 46 db. Depending on age and model type, larger or older models could emit 70 db; units that are not maintained can exceed the product specifications over time. A change in setbacks of feet will not be noticeably perceptible on abutting properties. A policy issue is whether the development code should contain noise rating standards for new noise-producing accessory structures (mechanical equipment), which would supplement the special setback standards. A noise rating would apply when a unit is placed within a certain distance of another residential lot (<45 decibels at 5 ft.). This would be a standard for the equipment itself, not an addition to the nuisance code. Manufacturers publish noise ratings for air conditioning units and other mechanical equipment. When properly installed and maintained, the equipment can be expected to generate noise at these levels (measured at the source). Adding this type of code requirement would add cost and delay to the permit process, because the applicant would be required to submit the manufacturer s specifications for staff review and approval of mechanical permits in compliance with the noise standard. There is also the issue of placement; a noise-producing structure placed adjacent to a neighbor s garage may have less impact than one placed next to a living space or patio. These variables exist today, as the City does not have site design standards or require development review for air conditioning units. The question for the Planning Commission is whether noise from this type of mechanical equipment is a community-wide problem that requires a code change as the City is establishing uniform setback requirements for accessory structures. As noted above, setback standardization would result in some setback reductions of feet, which would not result in a noticeably perceptible change in noise levels on abutting properties. Attachments A. Accessory Structure Handout, 03/23/17 B. AC Rates in US Homes, EPA website, 08/22/11 C. Noise Level Comparison Chart EXHIBIT D-1/PAGE 2 OF 9

20 Department of Planning and Building Services 380 A Avenue Post Office Box 369 Lake Oswego, OR WHAT IS AN ACCESSORY STRUCTURE? ACCESSORY STRUCTURES (RESIDENTIAL) An accessory structure is any detached structure which is subordinate to the main building and which is consistent with the buildings and uses allowed in the zone in which it is located. Examples include (but are not limited to) detached garages, carports and workshops; detached guesthouses and secondary dwelling units; play structures, play houses, trellis structures, gazebos, outdoor fireplaces, above-ground pools and spas, heat pumps, AC units and pool equipment. Noise producing accessory structures such as AC units, heat pumps and pool equipment are subject to additional restrictions (see Exceptions to Required Setbacks, below). WHAT PERMITS ARE REQUIRED FOR AN ACCESSORY STRUCTURE? A building permit is not required for certain accessory structures that are less than 200 square feet in size; not on a concrete slab AND less than 10 feet in height (for building permit purposes, height is measured from finished floor area to average roof height); however, such structures do need to meet all applicable setbacks, and may require electrical, plumbing or mechanical permits depending on their amenities [Please check with the Building Division regarding permits]. DO ACCESSORY STRUCTURES COUNT TOWARD LOT COVERAGE? Yes, all structures greater than 30 above grade, whether enclosed or not, count toward lot coverage, unless the code specifically exempts all or a portion of the structure from lot coverage calculations (i.e., boathouses, detached garages). In the residential zoning districts, maximum lot coverage ranges from 25% to 100% of the lot. Please contact the Planning Division for help in determining applicable lot coverage standards. DO ACCESSORY STRUCTURES COUNT TOWARD MAXIMUM FLOOR AREA? Yes, with some exceptions. In the R-0, R-2, and R-3 zones, detached garages and carports are exempt from the floor area calculation. Additionally, habitable areas of detached accessory structures in all residential zones, including garages, are exempt from the floor area calculations as follows: 200 square foot exemption for lot sizes up to 10,000 square feet 400 square foot exemption for lot sizes greater than 10,000 square feet. EXHIBIT D-1/PAGE 3 OF 9 PP ATTACHMENT A/Page 1 of 3 Revised 3/23/17 P:\Planning Staff Resource\Counter Handouts and Code Sections\2016 Counter Handouts\Accessory Structures

21 WHAT ARE THE SETBACKS FOR ACCESSORY STRUCTURES? Setbacks typically depend on the zone and the height of the accessory structure. For setback purposes, height is measured from grade to peak of roof. In general, setbacks are as follows: ZONE FRONT SIDE (INTERIOR) SIDE (STREET) REAR R-DD (Old Town) R R R R R-6, < 600 sf with walls < 10 feet below eaves /20 (1) 5 R-6, additions to accessory structures < 18 feet in height and built before July 1, /20 (1) R-6, additions to accessory 5 minimum, total structures > 18 feet in height and 20 combined 15 (3) built before July 1, /20 (1) R-6, other /20 (1) 10 5 or 10 (2) 5 or 10 (2) R-7.5, < 18 in height /20 (1) 10 R-7.5, > 18 in height /20 (1) 15 R /20 (1) 15 R /20 (1) 15 PDs approved before Aug 2003 PDs approved after Aug 2003 Same as primary structure setbacks. Same as above setbacks (1) The smaller street side setback applies adjacent to a local street; the larger setback applies adjacent to an arterial or collector. (2) 5 foot rear setback if accessory structure is less than 600 square feet in size and walls are < 10 feet below eaves; otherwise, 10 feet. (3) A multi-story structure may have a smaller side yard setback than required where the ground floor is set back a minimum of 5 feet and the remainder of the structure is stepped back from the building line by at least 4 feet on each side. EXHIBIT D-1/PAGE 4 OF 9 PP ATTACHMENT A/Page 2 of 3 Revised 3/23/17 P:\Planning Staff Resource\Counter Handouts and Code Sections\2016 Counter Handouts\Accessory Structures

22 EXCEPTIONS TO THE REQUIRED SETBACK (LOC b) Except in the R-6 zone, the side setback may be reduced to 5 feet and the rear setback may be reduced to 3 feet (6 feet for flag lots) for accessory structures in all residential zones, including PDs, provided the following conditions are met: 1. The accessory structure is located more than 40 feet from any street (for the purposes of this exception, an alley is not considered a street). The side and rear setbacks for a detached garage obtaining access from an alley may be reduced to three feet or to the degree the garage maintains access that provides an outside front wheel turning radius of at least 25 feet, whichever is greater. 2. For an accessory structure greater than four feet in height, the accessory structure is detached from other buildings by three feet or more; 3. The accessory structure does not exceed a height of 10 feet nor an area of 600 square feet. Note: This exception does not apply to noise-producing accessory structures (i.e., AC unit, heat pump, generator, pool equipment, etc.). WHAT ARE THE DESIGN STANDARDS FOR ACCESSORY STRUCTURES? In all residential zones except for R-DD (Old Town), the Street Front Setback Plane and the Side Yard Setback Plane standards apply to all accessory structures (see LOC ). In the Evergreen Overlay District, the roof pitch on new accessory structures exceeding 100 square feet in size must match the roof pitch of the primary structure (see LOC ). WHAT ARE THE SIZE LIMITATIONS FOR ACCESSORY STRUCTURES? HEIGHT: In the R-0, R-2, R-3, R-5, R-6, R-7.5, R-10 and R-15 zones, accessory structure height is limited to the lesser of 24 feet or the height of the primary structure. In the R-DD zone, maximum height is 28 feet. FLOOR AREA: In the R-6, R-7.5, R-10 and R-15 zones, accessory structures that are < 18 feet in height have a maximum floor area of 800 square feet, while accessory structures > 18 feet in height are limited to 600 square feet in floor area; however, the floor area of the accessory structure cannot exceed that of the primary structure. This publication summarizes portions of the Lake Oswego Community Development Code and is intended to be used solely as an informal discussion document. As such, it should not be relied on as a guarantee that a particular development request could be approved or denied. Please contact the Community Development Department of the City of Lake Oswego for more information. EXHIBIT D-1/PAGE 5 OF 9 PP ATTACHMENT A/Page 3 of 3 Revised 3/23/17 P:\Planning Staff Resource\Counter Handouts and Code Sections\2016 Counter Handouts\Accessory Structures

23 EXHIBIT D-1/PAGE 6 OF 9

24 Air Conditioners in 87 Percent of U.S. Homes, Though Many Don't Meet Efficiency Standards Aug 22, 2011 ATTACHMENT B PP About 87 percent of the million U.S. homes in 2009 had air conditioning equipment, according to data released by the U.S. Energy Information Administration (EIA). This number is up from about 68 percent as recently as New data from EIA's Residential Energy Consumption Survey (RECS) show near-total saturation of air conditioning in the South and double-digit increases in all remaining regions over that period. Except for the few temperate regions on the West Coast, air conditioners are now standard equipment in most homes, especially in those newly constructed. Federal energy-efficiency performance standards for air conditioning were first adopted for window/wall air conditioners in 1990 and central air conditioners in 1992, and have been updated since that time. In 2009, 10.1 million homes had cooling equipment that predates the first federal efficiency standards, and that equipment is likely to use more than twice as much energy as equipment being manufactured today. Notable trends in central air conditioning characteristics show: 78 percent of homes with central air conditioning (55 million homes) use equipment installed since Homes built in the 1970s and 1980s have the highest share of air conditioning equipment that predates Federal efficiency standards, suggesting that original equipment is in wide use. The new data collected by EIA also highlight other opportunities for select home improvements and equipment maintenance that can improve both air conditioning and space heating performance and lower energy bills. Although it is common practice for Americans to have routine service or maintenance performed on their automobiles, just 42 percent do the same for their central air conditioning systems and 40 percent for their main space heating systems. About 80 percent of U.S. homes built from 2000 to 2009 have energy-efficient double- or triple-pane windows, up from only 52 percent of homes constructed before EXHIBIT D-1/PAGE 7 OF 9 PP ATTACHMENT B/PAGE 1 OF 2

25 More than 40 million households (35 percent) added weather-stripping or caulking to reduce air leakage from their homes, and 26 million (23 percent) added insulation. June 2016 EXHIBIT D-1/PAGE 8 OF 9 PP ATTACHMENT B/PAGE 2 OF 2

26 ATTACHMENT C PP EXHIBIT D-1/PAGE 9 OF 9 PP ATTACHMENT C/PAGE 1 OF 1

27 TO: FROM: Lake Oswego Planning Commission Leslie Hamilton, Senior Planner SUBJECT: Accessory Structures: Setbacks and Noise Work Session #2 (PP ) DATE: September 19, 2017 MEETING DATE: September 25, 2017 On September 25, 2017, the Planning Commission (Commission) will conduct a work session for proposed amendments to the Community Development Code (Chapter 50) to standardize setbacks for noise-producing accessory structures. The purpose of the work session is for the Commission to become familiar with and provide input on the proposed amendments. [Note: the amendments would apply only to noise-producing mechanical units, i.e., air conditioners, heat pumps, pool equipment, etc. Accessory structures such as sheds, pool houses, detached garages, etc., are not affected.] Accessory Structure Setbacks Standardize for Air Conditioning (AC) Units and Heat Pumps [LOC b and various]. In Lake Oswego, the setbacks for accessory structures such as AC units and heat pumps vary widely by zone and overlay, and by the date of development, as shown in Attachment A and below: For Planned Developments approved before August 2003, the setbacks for all accessory structures are the same as for the primary structure. For Planned Developments approved after August 2003, the setbacks for accessory structures are the same as the accessory structure setbacks of the underlying zone. For all residential zones, the side and rear setbacks for accessory structures range from 5-10 feet (interior sides), feet (street sides) and 5-15 feet (rear). The result is that similar properties can have widely different setbacks for mechanical units. To streamline the code, staff recommends standardizing setbacks for mechanical units such as AC units and heat pumps. EXHIBIT D-2/PAGE 1 OF 18

28 Page 2 of 3 This is the second work session on this topic. At the first work session in July, the Commission requested that staff develop three alternatives for standardizing the setbacks for accessory structures in residential zones; these are described below. Additionally, the Commission requested information about the frequency and concentration of noise complaints related to mechanical units in order to gauge whether noise from this type of mechanical equipment is a community-wide problem that requires additional restrictions as the City establishes uniform setback requirements. In general, the Code Enforcement specialist estimates the City receives approximately 5-10 noise complaint calls per year related to noise-producing accessory structures; the complaints tend to be concentrated in the First Addition neighborhood and on flag lots. The complaints also tend to originate when an older home without outdoor mechanical units is replaced by a new home with AC. There is no enforcement process where a heat pump/pool pump was installed and permitted according to City codes. Staff notes that the standardized setbacks proposed below would only increase setbacks in the R-6 zone. Option 1: This option standardizes the side and rear setbacks for accessory structures throughout all residential zones, including Planned Developments (PDs). Many setbacks would not be affected by the standardization. Certain setbacks would increase or decrease by 2.5 to 5 ft., which would not be noticeably perceptible on abutting properties. Additionally, decreases in Street Side Yard setbacks would not noticeably affect nearby properties because of the additional separation provided by the right-of-way. The setbacks affected are identified below: Side Setbacks (Interior): Decrease from 10 ft. to 5 ft. in R-DD, R-0, R-2, R-3, R-5, R- 10, R-15 and some PDs Street Side Setback (Local Streets): Increase from 7.5 ft. to 10 ft. in R-6 Street Side Setback (Local Streets): Street Side Setback (Other): Decrease from 15 ft. to 10 ft. in R-7.5, R-10, R-15, some PDs Decrease from 20 ft. to 15 ft. in R-6, R-7.5, R-10, R15 and some PDs Rear Setback: Increase from 5 ft. to 10 ft. in R-6 Decrease from 15 ft. to 10 ft. in R-10, R-15 and some PDs Option 2: This option uses the standardized setbacks described above in Option 1; additionally, it requires new noise-producing mechanical equipment to be rated for no more than 55 dba. This would be a standard for the equipment itself, not an addition to the nuisance code. Manufacturers publish noise ratings for air conditioning units and other mechanical equipment. When properly installed and maintained, the equipment can be expected to generate noise at these levels (measured at the source). Adding this type of code requirement would add cost and delay to the permit process, because the applicant would be required to submit the manufacturer s specifications for staff review and approval of mechanical permits in compliance with the noise standard. EXHIBIT D-2/PAGE 2 OF 18

29 Page 3 of 3 In establishing the 55 dba threshold, staff reviewed 12 noise ordinances that codify maximum residential noise levels (Attachment B). These cities established maximum residential noise levels between 50 dba and 60 db measured at the property line. Two cities, Los Angeles and Sacramento, set noise levels for new mechanical units at 55 dba but did not identify a maximum noise level at the residential property line. A unit that is rated for 55 dba will produce noise levels at the property line of less than 55 dba as noise decreases logarithmically over distance. Option 3: This option uses the standardized setbacks described above in Option 1; additionally, it requires mechanical units that are placed between 5 and 9.99 ft. from an interior side property line to be rated at no more than 45 dba. All other setbacks are 10 feet or greater and no decibel level is proposed for those setbacks. The considerations for additional cost and delay in the permitting process that are described under Option 2 also apply to this option. Pool Equipment: In addition to the options above for standardizing setbacks, staff recommends requiring pool equipment to be located within an enclosed structure. Pool equipment is often noisy, and if the equipment is less than 30 in height, zone setbacks do not apply. By requiring pool equipment to be located within a structure, zone setbacks would apply and the noise would be attenuated by the structure. Attachments A. Accessory Structure Handout, 03/23/17 B. Municipal Noise Ordinances Chart, 09/18/17 C. Draft Text Amendments with Three Standardization Options, 09/18/17 EXHIBIT D-2/PAGE 3 OF 18

30 EXHIBIT D-2/PAGE 4 OF 18

31 Department of Planning and Building Services 380 A Avenue Post Office Box 369 Lake Oswego, OR WHAT IS AN ACCESSORY STRUCTURE? ACCESSORY STRUCTURES (RESIDENTIAL) An accessory structure is any detached structure which is subordinate to the main building and which is consistent with the buildings and uses allowed in the zone in which it is located. Examples include (but are not limited to) detached garages, carports and workshops; detached guesthouses and secondary dwelling units; play structures, play houses, trellis structures, gazebos, outdoor fireplaces, above-ground pools and spas, heat pumps, AC units and pool equipment. Noise producing accessory structures such as AC units, heat pumps and pool equipment are subject to additional restrictions (see Exceptions to Required Setbacks, below). WHAT PERMITS ARE REQUIRED FOR AN ACCESSORY STRUCTURE? A building permit is not required for certain accessory structures that are less than 200 square feet in size; not on a concrete slab AND less than 10 feet in height (for building permit purposes, height is measured from finished floor area to average roof height); however, such structures do need to meet all applicable setbacks, and may require electrical, plumbing or mechanical permits depending on their amenities [Please check with the Building Division regarding permits]. DO ACCESSORY STRUCTURES COUNT TOWARD LOT COVERAGE? Yes, all structures greater than 30 above grade, whether enclosed or not, count toward lot coverage, unless the code specifically exempts all or a portion of the structure from lot coverage calculations (i.e., boathouses, detached garages). In the residential zoning districts, maximum lot coverage ranges from 25% to 100% of the lot. Please contact the Planning Division for help in determining applicable lot coverage standards. DO ACCESSORY STRUCTURES COUNT TOWARD MAXIMUM FLOOR AREA? Yes, with some exceptions. In the R-0, R-2, and R-3 zones, detached garages and carports are exempt from the floor area calculation. Additionally, habitable areas of detached accessory structures in all residential zones, including garages, are exempt from the floor area calculations as follows: 200 square foot exemption for lot sizes up to 10,000 square feet 400 square foot exemption for lot sizes greater than 10,000 square feet. EXHIBIT D-2/PAGE 5 OF 18 PP ATTACHMENT A/Page 1 of 3 Revised 3/23/17 P:\Planning Staff Resource\Counter Handouts and Code Sections\2016 Counter Handouts\Accessory Structures