The purpose of the design review provisions is to establish a process and standards for the review of development proposals in order to conserve and enhance the appearance of the City and to promote functional, safe, and innovative site development. Attention will be paid to the proposal’s scale, layout and design, its compatibility with the surrounding natural environment, and the character of the surrounding neighborhood or area. The intent is to ensure that there is general compatibility between adjoining uses, that private and common outdoor space is provided, that vehicular access and circulation are safe, and that areas of public use are made aesthetically attractive and safe. Also of concern are the needs of persons with disabilities.

Developers of multifamily, industrial, commercial, office, and public building projects are required to take steps to reduce reliance on the automobile by, in part, encouraging other modes of transportation such as transit, bicycles, and foot traffic, and through building orientation or location. (Ord. 1650 § 1 (Exh. A), 2016; Ord. 1745 § 1 (Exh. A), 2023)

A.    Class I Design Review. The following are subject to Class I Design Review:

1.    Modification of an office, commercial, industrial, public or multifamily structure for purposes of enhancing the aesthetics of the building and not increasing the interior usable space (e.g., covered walkways or entryways, addition of unoccupied features such as cupolas, clock towers, etc.).

2.    Significant road realignment (when not part of a subdivision or partition plat process). “Significant” shall be defined by the length of the realignment and/or extent of redesign, and/or the natural features or human-made structures that will be impacted or removed.

3.    Addition or reduction of less than five percent of total square footage of a commercial, office, public, multifamily, or industrial building.

4.    Modification of a landscape plan (including water features, ponds, pergolas, arbors, artwork, sculptings, etc.).

5.    Minor modifications and/or upgrades of pump stations, reservoirs, and storm detention facilities.

6.    Americans with Disability Act compliance that significantly alters the exterior of the building (ramps are exempt).

7.    Freestanding art and statuary over five feet tall.

8.    Other land uses and activities may be added if the Planning Director makes written findings that the activity/use will not increase off-site impacts and is consistent with the type and/or scale of activities/uses listed above.

9.    No design review is required if the applicant proposes to repair or replace one of the listed items. The Planning Director shall make the determination of whether an applicant is proposing a repair or replacement. However, Class I design review applies when one of the following improvements is part of a minor redesign or remodel.

a.    Sidewalks on private property.

b.    Loading docks.

c.    Addition or reduction of parking stalls.

d.    Revised parking alignment.

e.    Revised circulation.

f.    Revised points of ingress/egress to a site.

g.    Heating, ventilation, and air conditioners (HVAC) that are visible from the public right-of-way.

10.    New development of a single-family detached dwelling (including a duplex, triplex, or quadplex), single-family attached dwelling (including a duplex, triplex, quadplex, or townhouse), or cottage cluster in the Willamette Neighborhood Mixed-Use Transitional Zone.

B.    Class II Design Review. Class II design review applies to all uses/activities except those uses/activities listed under Class I design review, and the exemptions of CDC 55.025. Class II design review applies to the proposed improvements listed in this section when the proposed improvement (e.g., new sidewalk) is part of a major commercial, office, industrial, public, or multifamily construction project (e.g., a new shopping center). (Ord. 1547, 2007; Ord. 1604 § 50, 2011; Ord. 1622 § 20, 2014; Ord. 1745 § 1 (Exh. A), 2023)

The following activities are exempt from the provisions of this chapter, except as indicated otherwise in the base zone or this chapter:

A.    Construction of new dwelling units, except for multiple-family residential units, dwelling units that are part of a mixed-use building, manufactured home parks, and dwellings located within the Willamette Neighborhood Mixed Use Transitional Zone;

B.    Accessory structures;

C.    Architectural replacements in kind, or replacement of building materials that are equal or superior to existing materials (in terms of performance or quality) but that do not alter the architectural style of the structure. Retrofitted awnings, changes in color schemes, wall art, and freestanding statuary or art under five feet tall are exempt from design review, but shall be subject to Planning Director review under the provisions of CDC 99.060(A)(2), prescribed conditions, and the approval criteria of CDC 55.100(B)(6)(a) and (b). (Ord. 1408, 1998; Ord. 1604 § 51, 2011; Ord. 1675 § 43, 2018; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

A.    A pre-application conference is required before submitting a development plan application for design review as provided by CDC 99.030(B).

B.    The application shall be submitted by the record owner(s) of the property, authorized agent, or condemnor.

C.    Action on the development plan application shall be as provided by Chapter 99 CDC, Procedures for Decision-Making: Quasi-Judicial, and the following:

1.    The Planning Director for Class I design review applications, or Planning Commission for Class II design review applications, shall approve, approve with conditions, or deny the application based on findings related to the applicable criteria set forth in CDC 99.110 and this chapter.

2.    A decision by the Planning Director may be reviewed by the City Council.

D.    Substantial modifications made to the approved development plan will require reapplication (e.g., more or fewer lots, different architectural design, etc.). (Ord. 1474, 2001; Ord. 1597 § 14, 2010; Ord. 1745 § 1 (Exh. A), 2023)

If substantial construction has not occurred within three years from the date of approval of the development plan, the approved proposal will be void, unless an extension is granted under CDC 99.325. (Ord. 1408, 1998; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1745 § 1 (Exh. A), 2023)

Amendments to design review shall be required when 10 percent or more of the housing type changes (e.g., from single-family units to multifamily units) from the tentatively approved design review plan, or when there is more than a 10 percent change in the number of units, or when the layout of streets and lots significantly changes, or adjusting more than 20 percent of the building footprint or site plan, or significant changes to the architecture that modify the style, mass, or result in elimination of significant design features. Changes in color or materials would not require an amendment unless the colors were non-earth tones and the materials were of poorer quality (for example, going from tile roof to composition roofing) than originally approved. Changes to the project/site plan to meet conditions of approval or legislative changes shall not trigger an amendment. (Ord. 1408, 1998; Ord. 1745 § 1 (Exh. A), 2023)

The applicant may elect to develop the site in stages. Staged development shall be subject to the provisions of CDC 99.125. (Ord. 1745 § 1 (Exh. A), 2023)

A.    The design review application shall be initiated by the property owner or the owner’s agent, or condemnor.

B.    A pre-application conference, per CDC 99.030(B), shall be a prerequisite to the filing of an application.

C.    Documentation of any required meeting with the respective City-recognized neighborhood association per CDC 99.038.

D.    The applicant shall submit a completed application form and:

1.    The development plan for a Class I design review shall contain the following elements:

a.    A site analysis (CDC 55.110) only if the site is undeveloped;

b.    A site plan (CDC 55.120);

c.    Architectural drawings, including building envelopes and all elevations (CDC 55.140) only if exterior architectural construction, remodeling, or changes are proposed;

d.    Tualatin Valley Fire and Rescue service provider permit; and

e.    Pursuant to CDC 55.085, additional submittal material may be required.

One original application form must be submitted. One copy at the original scale and one copy reduced to 11 inches by 17 inches or smaller of all drawings and plans must be submitted. One copy of all other items must be submitted. The applicant shall also submit one copy of the complete application in a digital format acceptable to the City. When the application submittal is determined to be complete, additional copies may be required as determined by the Community Development Department.

2.    The development plan for a Class II design review shall contain the following elements:

a.    A site analysis (CDC 55.110);

b.    A site plan (CDC 55.120);

c.    A grading plan (CDC 55.130);

d.    Architectural drawings, indicating floor plan and elevation (CDC 55.140);

e.    A landscape plan (CDC 55.150);

f.    A utility plan appropriate to respond to the approval criteria of CDC 55.100(I)(1) through (5) relating to streets, drainage, municipal water, sanitary sewers, solid waste, and recycling storage;

g.    A light coverage plan with photometric data, including the location and type of outdoor lighting, with specific consideration given to compliance with CDC 55.100(J) pertaining to crime prevention and, if applicable, CDC 46.150(A)(13) pertaining to parking lot lighting;

h.    If staff determines before or during the pre-application conference that the land use is expected to generate noise that may exceed DEQ standards, the application shall include a noise study conducted by a licensed acoustical engineer that demonstrates that the application and associated noise sources will meet DEQ standards. Typical noise sources of concern include, but are not limited to, vehicle drive-throughs, parking lots, HVAC units, and public address systems; and

i.    Documents as required per the Tree Technical Manual.

j.    Tualatin Valley Fire and Rescue service provider permit.

3.    A narrative, based on the standards contained in this code, which supports any requested exceptions as provided under CDC 55.170.

4.    Submit full written responses to approval criteria of CDC 55.100 for Class II design review, or CDC 55.090 for Class I design review, plus all applicable referenced approval criteria.

E.    The applicant shall submit samples of all exterior building materials and colors in the case of new buildings or building remodeling.

F.    The applicant shall pay the required deposit and fee. (Ord. 1401, 1997; Ord. 1408, 1998; Ord. 1442, 1999; Ord. 1613 § 11, 2013; Ord. 1621 § 25, 2014; Ord. 1622 § 14, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    For applications subject to discretionary review, the Planning Director may require additional information as part of the application subject to the provisions of CDC 99.035(A).

B.    For applications subject to discretionary review, the Planning Director may waive any requirements for the application subject to the provisions of CDC 99.035(B) and (C). (Ord. 1745 § 1 (Exh. A), 2023)

The Planning Director shall make a finding with respect to the following criteria when approving, approving with conditions, or denying a Class I design review application:

A.    The provisions of the following sections shall be met:

1.    CDC 55.100(B)(1) through (4), Relationship to the natural and physical environment, shall apply except in those cases where the proposed development site is substantially developed and built out with no remaining natural physical features that would be impacted.

2.    CDC 55.100(B)(5) and (6), architecture, et al., shall only apply in those cases that involve exterior architectural construction, remodeling, or changes.

3.    Pursuant to CDC 55.085, the Director may require additional information and responses to additional sections of the approval criteria of this section depending upon the type of application.

4.    The design standards or requirements identified in the base zone shall apply.

B.    An application may be approved only if adequate public facilities, as defined in CDC 2.030 and pursuant to CDC 55.100(I), Public facilities, will be available to provide service to the property at the time of occupancy.

C.    The Planning Director shall determine the applicability of the approval criteria in subsection A of this section. (Ord. 1408, 1998; Ord. 1544, 2007; Ord. 1675 § 44, 2018; Ord. 1745 § 1 (Exh. A), 2023)

A.    Applicability. Class I design review applications for the development of one or more new dwelling units, as applicable under CDC 55.020(A), are subject to the clear and objective approval standards in this section. Proposals where the applicant cannot or chooses not to meet the clear and objective approval standards in this section may apply under the discretionary Class I approval standards in CDC 55.090. The Planning Director shall make a finding with respect to the following criteria when approving, approving with conditions, or denying a Class I design review application:

B.    Unless waived by the Planning Director, the provisions of the following subsections shall be met:

1.    CDC 55.105(B), Relationship to the natural and physical environment, shall apply.

2.    CDC 55.105(C), Building orientation and entries, and (D), Architecture, shall only apply in those cases that involve exterior architectural construction, remodeling, or changes.

3.    The design standards or requirements identified in the base zone shall apply.

C.    An application may be approved only if adequate public facilities, as defined in CDC 2.030 and pursuant to CDC 55.105(N), Public facilities, will be available to provide service to the property at the time of occupancy. (Ord. 1745 § 1 (Exh. A), 2023)

Except for applications subject to CDC 55.105, the approval authority shall make findings with respect to the following criteria when approving, approving with conditions, or denying a Class II design review application:

A.    The provisions of the following chapters shall be met:

1.    Chapter 34 CDC, Accessory Structures, Accessory Dwelling Units, and Accessory Uses.

2.    Chapter 38 CDC, Additional Yard Area Required; Exceptions to Yard Requirements; Storage in Yards; Projections into Yards.

3.    Chapter 41 CDC, Building Height, Structures on Steep Lots, Exceptions.

4.    Chapter 42 CDC, Clear Vision Areas.

5.    Chapter 44 CDC, Fences.

6.    Chapter 46 CDC, Off-Street Parking, Loading and Reservoir Areas.

7.    Chapter 48 CDC, Access, Egress and Circulation.

8.    Chapter 52 CDC, Signs.

9.    Chapter 54 CDC, Landscaping.

B.    Relationship to the natural and physical environment.

1.    The buildings and other site elements shall be designed and located so that all heritage trees, as defined in the municipal code, shall be saved. Diseased heritage trees, as determined by the City Arborist, may be removed at their direction.

2.    All heritage trees, as defined in the municipal code, all trees and clusters of trees (“cluster” is defined as three or more trees with overlapping driplines; however, native oaks need not have an overlapping dripline) that are considered significant by the City Arborist, either individually or in consultation with certified arborists or similarly qualified professionals, based on accepted arboricultural standards including consideration of their size, type, location, health, long term survivability, and/or numbers, shall be protected pursuant to the criteria of subsections (B)(2)(a) through (f) of this section. In cases where there is a difference of opinion on the significance of a tree or tree cluster, the City Arborist’s findings shall prevail. It is important to acknowledge that all trees are not significant and, further, that this code section will not necessarily protect all trees deemed significant.

a.    Non-residential and residential projects on Type I and II lands shall protect all heritage trees and all significant trees and tree clusters by limiting development in the protected area. The protected area includes the protected tree, its dripline, and an additional 10 feet beyond the dripline, as depicted in the figure below. Development of Type I and II lands shall require the careful layout of streets, driveways, building pads, lots, and utilities to avoid heritage trees and significant trees and tree clusters, and other natural resources pursuant to this code. The method for delineating the protected trees or tree clusters (“dripline plus 10 feet”) is explained in subsection (B)(2)(b) of this section. Exemptions of subsections (B)(2)(c), (e), and (f) of this section shall apply.

PROTECTED AREA = DRIPLINE + 10 FEET

b.    Non-residential and residential projects on non-Type I and II lands shall set aside up to 20 percent of the protected areas for significant trees and tree clusters, plus any heritage trees. Therefore, in the event that the City Arborist determines that a significant tree cluster exists at a development site, then up to 20 percent of the non-Type I and II lands shall be devoted to the protection of those trees by limiting development in the protected areas. The exact percentage is determined by establishing the driplines of the trees or tree clusters that are to be protected. In order to protect the roots which typically extend further, an additional 10-foot measurement beyond the dripline shall be added. The square footage of the area inside this “dripline plus 10 feet” measurement shall be the basis for calculating the percentage (see figure below). The City Arborist will identify which tree(s) are to be protected. Development of non-Type I and II lands shall also require the careful layout of streets, driveways, building pads, lots, and utilities to avoid significant trees, tree clusters, heritage trees, and other natural resources pursuant to this code. Exemptions of subsections (B)(2)(c), (e), and (f) of this section shall apply. Please note that in the event that more than 20 percent of the non-Type I and II lands comprise significant trees or tree clusters, the developer shall not be required to save the excess trees, but is encouraged to do so.

E.G., DRIPLINE + 10 FT. AREA = 2,500 SQ. FT. OR 18% OF TOTAL NON-TYPE I AND II LAND DENSITY CALCULATIONS FOR THIS PARCEL WILL BE BASED ON REMAINING NET SQ. FOOTAGE OF SITE (EXCLUDING THE 2,500 SQ. FT.)

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.

d.    For both non-residential and residential development, the layout shall achieve at least 70 percent of maximum density for the developable net area. The developable net area excludes all Type I and II lands and up to 20 percent of the remainder of the site for the purpose of protection of stands or clusters of trees as defined in subsection (B)(2) of this section.

e.    For arterial and collector street projects, including Oregon Department of Transportation street improvements, the roads and graded areas shall avoid tree clusters where possible. Significant trees, tree clusters, and heritage tree loss may occur, however, but shall be minimized.

f.    If the protection of significant tree(s) or tree clusters is to occur in an area of grading that is necessary for the development of street grades, per City construction codes, which will result in an adjustment in the grade of over or under two feet, which will then threaten the health of the tree(s), the applicant will submit evidence to the Planning Director that all reasonable alternative grading plans have been considered and cannot work. The applicant will then submit a mitigation plan to the City Arborist to compensate for the removal of the tree(s) on an “inch by inch” basis (e.g., a 48-inch Douglas fir could be replaced by 12 trees, each four-inch). The mix of tree sizes and types shall be approved by the City Arborist.

3.    The topography and natural drainage shall be preserved to the greatest degree possible.

4.    The structures shall not be located in areas subject to slumping and sliding. The Comprehensive Plan Background Report’s Hazard Map, or updated material as available and as deemed acceptable by the Planning Director, shall be the basis for preliminary determination.

5.    There shall be adequate distance between on-site buildings and on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection.

6.    Architecture.

a.    The proposed structure(s) scale shall be compatible with the existing structure(s) on site and on adjoining sites. Contextual design is required. Contextual design means respecting and incorporating prominent architectural styles, building lines, roof forms, rhythm of windows, building scale and massing of surrounding buildings in the proposed structure. The materials and colors shall be complementary to the surrounding buildings.

b.    While there has been discussion in Chapter 24 CDC about transition, it is appropriate that new buildings should architecturally transition in terms of bulk and mass to work with, or fit, adjacent existing buildings. This transition can be accomplished by selecting designs that “step down” or “step up” from small to big structures and vice versa (see figure below). Transitions may also take the form of carrying building patterns and lines (e.g., parapets, windows, etc.) from the existing building to the new one.

c.    Contrasting architecture shall only be permitted when the design is manifestly superior to adjacent architecture in terms of creativity, design, and workmanship, and/or it is adequately separated from other buildings by distance, screening, grade variations, or is part of a development site that is large enough to set its own style of architecture.

d.    Human scale is a term that seeks to accommodate the users of the building and the notion that buildings should be designed around the human scale (i.e., their size and the average range of their perception). Human scale shall be accommodated in all designs by, for example, multi-light windows that are broken up into numerous panes, intimately scaled entryways, and visual breaks (exaggerated eaves, indentations, ledges, parapets, awnings, engaged columns, etc.) in the facades of buildings, both vertically and horizontally.

The human scale is enhanced by bringing the building and its main entrance up to the edge of the sidewalk. It creates a more dramatic and interesting streetscape and improves the “height and width” ratio referenced in this section.

human scale is captured in this example

e.    The main front elevation of commercial and office buildings shall provide at least 60 percent windows or transparency at the pedestrian level to create more interesting streetscape and window shopping opportunities. One side elevation shall provide at least 30 percent transparency. Any additional side or rear elevation, which is visible from a collector road or greater classification, shall also have at least 30 percent transparency. Transparency on other elevations is optional. The transparency is measured in lineal fashion. For example, a 100-foot-long building elevation shall have at least 60 feet (60 percent of 100 feet) in length of windows. The window height shall be, at minimum, three feet tall. The exception to transparency would be cases where demonstrated functional constraints or topography restrict that elevation from being used. When this exemption is applied to the main front elevation, the square footage of transparency that would ordinarily be required by the above formula shall be installed on the remaining elevations at pedestrian level in addition to any transparency required by a side elevation, and vice versa. The rear of the building is not required to include transparency. The transparency must be flush with the building elevation.

60 percent of lineal street facing or main elevation is windows. 30 percent of one side elevation is windows. You may transfer windows from the side to front, or vice versa.

(Windows not at eye level and/or not flush with building.)

f.    Variations in depth and roof line are encouraged for all elevations.

To vary the otherwise blank wall of most rear elevations, continuous flat elevations of over 100 feet in length should be avoided by indents or variations in the wall. The use of decorative brick, masonry, or stone insets and/or designs is encouraged. Another way to vary or soften this elevation is through terrain variations such as an undulating grass area with trees to provide vertical relief.

g.    Consideration of the micro-climate (e.g., sensitivity to wind, sun angles, shade, etc.) shall be made for building users, pedestrians, and transit users, including features like awnings.

h.    The vision statement identified a strong commitment to developing safe and attractive pedestrian environments with broad sidewalks, canopied with trees and awnings.

trees, awnings, and building orientation enhance micro-climate

i.    Sidewalk cafes, kiosks, vendors, and street furniture are encouraged. However, at least a four-foot-wide pedestrian accessway must be maintained per Chapter 53 CDC, Sidewalk Use.

7.    Transportation. The automobile shall be shifted from a dominant role, relative to other modes of transportation, by the following means:

a.    Commercial and office development shall be oriented to the street. At least one public entrance shall be located facing an arterial street; or, if the project does not front on an arterial, facing a collector street; or, if the project does not front on a collector, facing the local street with highest traffic levels. Parking lots shall be placed behind or to the side of commercial and office development. When a large and/or multi-building development is occurring on a large undeveloped tract (three plus acres), it is acceptable to focus internally; however, at least 20 percent of the main adjacent right-of-way shall have buildings contiguous to it unless waived per subsection (B)(7)(c) of this section. These buildings shall be oriented to the adjacent street and include pedestrian-oriented transparencies on those elevations.

For individual buildings on smaller individual lots, at least 30 lineal feet or 50 percent of the building must be adjacent to the right-of-way unless waived per subsection (B)(7)(c) of this section. The elevations oriented to the right-of-way must incorporate pedestrian-oriented transparency.

b.    Multifamily projects shall be required to keep the parking at the side or rear of the buildings or behind the building line of the structure as it would appear from the right-of-way inside the multifamily project. For any garage which is located behind the building line of the structure, but still facing the front of the structure, architectural features such as patios, patio walls, trellis, porch roofs, overhangs, pergolas, etc., shall be used to downplay the visual impact of the garage, and to emphasize the rest of the house and front entry.

The parking may be positioned inside small courtyard areas around which the units are built. These courtyard spaces encourage socialization, defensible space, and can provide a central location for landscaping, particularly trees, which can provide an effective canopy and softening effect on the courtyard in only a few years. Vehicular access and driveways through these courtyard areas is permitted.

c.    Commercial, office, and multifamily projects shall be built as close to the adjacent main right-of-way as practical to facilitate safe pedestrian and transit access. Reduced frontages by buildings on public rights-of-way may be allowed due to extreme topographic (e.g., slope, creek, wetlands, etc.) conditions or compelling functional limitations, not just inconveniences or design challenges.

entrance from right-of-way

d.    Accessways, parking lots, and internal driveways shall accommodate pedestrian circulation and access by specially textured, colored, or clearly defined footpaths at least six feet wide. Paths shall be eight feet wide when abutting parking areas or travel lanes. Paths shall be separated from parking or travel lanes by either landscaping, planters, curbs, bollards, or raised surfaces. Sidewalks in front of storefronts on the arterials and main store entrances on the arterials identified in CDC 85.200(A)(3) shall be 12 feet wide to accommodate pedestrians, sidewalk sales, sidewalk cafes, etc. Sidewalks in front of storefronts and main store entrances in commercial/OBC zone development on local streets and collectors shall be eight feet wide.

landscaping

e.    Paths shall provide direct routes that pedestrians will use between buildings, adjacent rights-of-way, and adjacent commercial developments. They shall be clearly identified. They shall be laid out to attract use and to discourage people from cutting through parking lots and impacting environmentally sensitive areas.

direct pedestrian route required (- -)

f.    At least one entrance to the building shall be on the main street, or as close as possible to the main street. The entrance shall be designed to identify itself as a main point of ingress/egress.

g.    Where transit service exists, or is expected to exist, there shall be a main entrance within a safe and reasonable distance of the transit stop. A pathway shall be provided to facilitate a direct connection.

h.    Projects shall bring at least part of the project adjacent to or near the main street right-of-way in order to enhance the height-to-width ratio along that particular street. (The “height-to-width ratio” is an architectural term that emphasizes height or vertical dimension of buildings adjacent to streets. The higher and closer the building is, and the narrower the width of the street, the more attractive and intimate the streetscape becomes.) For every one foot in street width, the adjacent building ideally should be one to two feet higher. This ratio is considered ideal in framing and defining the streetscape.

1:1 height to width ratio is ideal

(example only)

i.    These architectural standards shall apply to public facilities such as reservoirs, water towers, treatment plants, fire stations, pump stations, power transmission facilities, etc. It is recognized that many of these facilities, due to their functional requirements, cannot readily be configured to meet these architectural standards. However, attempts shall be made to make the design sympathetic to surrounding properties by landscaping, setbacks, buffers, and all reasonable architectural means.

j.    Parking spaces at trailheads shall be located so as to preserve the view of, and access to, the trailhead entrance from the roadway. The entrance apron to the trailhead shall be marked: “No Parking,” and include design features to foster trail recognition.

C.    Compatibility between adjoining uses, buffering, and screening.

1.    In addition to the compatibility requirements contained in Chapter 24 CDC, buffering shall be provided between different types of land uses; for example, buffering between single-family homes and apartment blocks. However, no buffering is required between single-family homes and duplexes or single-family attached units. The following factors shall be considered in determining the adequacy of the type and extent of the buffer:

a.    The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier.

b.    The size of the buffer required to achieve the purpose in terms of width and height.

c.    The direction(s) from which buffering is needed.

d.    The required density of the buffering.

e.    Whether the viewer is stationary or mobile.

2.    On-site screening from view from adjoining properties of such things as service areas, storage areas, and parking lots shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening:

a.    What needs to be screened?

b.    The direction from which it is needed.

c.    How dense the screen needs to be.

d.    Whether the viewer is stationary or mobile.

e.    Whether the screening needs to be year-round.

3.    Rooftop air cooling and heating systems and other mechanical equipment shall be screened from view from adjoining properties.

D.    Privacy and noise.

1.    Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view from adjoining units.

2.    Residential dwelling units shall be placed on the site in areas having minimal noise exposure to the extent possible. Natural-appearing sound barriers shall be used to lessen noise impacts where noise levels exceed the noise standards contained in West Linn Municipal Code Section 5.487.

3.    Structures or on-site activity areas which generate noise, lights, or glare shall be buffered from adjoining residential uses in accordance with the standards in subsection C of this section where applicable.

4.    Businesses or activities that can reasonably be expected to generate noise in excess of the noise standards contained in West Linn Municipal Code Section 5.487 shall undertake and submit appropriate noise studies and mitigate as necessary to comply with the code. (See CDC 55.110(B)(11) and 55.120(M).)

If the decision-making authority reasonably believes a proposed use may generate noise exceeding the standards specified in the municipal code, then the authority may require the applicant to supply professional noise studies from time to time during the user’s first year of operation to monitor compliance with City standards and permit requirements.

E.    Private outdoor area. This section only applies to multifamily projects.

1.    In addition to the requirements of residential living, unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet in area;

2.    The outdoor space shall be oriented towards the sun where possible; and

3.    The area shall be screened or designed to provide privacy for the users of the space.

4.    Where balconies are added to units, the balconies shall not be less than 48 square feet, if they are intended to be counted as private outdoor areas.

F.    Shared outdoor recreation areas. This section only applies to multifamily projects and projects with 10 or more duplexes or single-family attached dwellings on lots under 4,000 square feet. In those cases, shared outdoor recreation areas are calculated on the duplexes or single-family attached dwellings only. It also applies to qualifying PUDs under the provisions of CDC 24.170.

1.    In addition to the requirements of subsection E of this section, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts:

a.    Studio up to and including two-bedroom units: 200 square feet per unit.

b.    Three or more bedroom units: 300 square feet per unit.

2.    The required recreation space may be provided as follows:

a.    It may be all outdoor space; or

b.    It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; and

c.    Where some or all of the required recreation area is indoor, such as an indoor recreation room, then these indoor areas must be readily accessible to all residents of the development subject to clearly posted restrictions as to hours of operation and such regulations necessary for the safety of minors.

d.    In considering the requirements of this subsection F, the emphasis shall be on usable recreation space. No single area of outdoor recreational 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 active recreation.

3.    The shared space shall be readily observable to facilitate crime prevention and safety.

G.    Demarcation of public, semi-public, and private spaces. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas, and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, to provide for crime prevention, and to establish maintenance responsibility. These areas may be defined by:

1.    A deck, patio, fence, low wall, hedge, or draping vine;

2.    A trellis or arbor;

3.    A change in level;

4.    A change in the texture of the path material;

5.    Sign; or

6.    Landscaping.

Use of gates to demarcate the boundary between a public street and a private access driveway is prohibited.

H.    Public transit.

1.    Provisions for public transit may be required where the site abuts an existing or planned public transit route. The required facilities shall be based on the following:

a.    The location of other transit facilities in the area.

b.    The size and type of the proposed development.

c.    The rough proportionality between the impacts from the development and the required facility.

2.    The required facilities shall be limited to such facilities as the following:

a.    A waiting shelter with a bench surrounded by a three-sided covered structure, with transparency to allow easy surveillance of approaching buses.

b.    A turnout area for loading and unloading designed per regional transit agency standards.

c.    Hard-surface paths connecting the development to the waiting and boarding areas.

d.    Regional transit agency standards shall, however, prevail if they supersede these standards.

3.    The transit stop shall be located as close as possible to the main entrance to the shopping center, public or office building, or multifamily project. The entrance shall not be more than 200 feet from the transit stop with a clearly identified pedestrian link.

4.    All commercial business centers (over three acres) and multifamily projects (over 40 units) may be required to provide for the relocation of transit stops to the front of the site if the existing stop is within 200 to 400 yards of the site and the exaction is roughly proportional to the impact of the development. The commercial or multifamily project may be required to provide new facilities in those cases where the nearest stop is over 400 yards away. The transit stop shall be built per subsection (H)(2) of this section.

I.    Public facilities. An application may only be approved if adequate public facilities, as defined in CDC 2.030, will be available to provide service to the property prior to occupancy.

1.    In situations where the level-of-service or volume-to-capacity performance standard for an affected City or State roadway is currently failing or projected to fail to meet the standard at a date determined within a traffic impact analysis, and an improvement project is not programmed, the development shall avoid further degradation of the affected transportation facility. Mitigation must be provided to bring the facility performance standard to existing conditions at the time of occupancy.

2.    Streets. Sufficient right-of-way and slope easement shall be dedicated to accommodate all abutting streets to be improved to the City’s Improvement Standards and Specifications. The City Engineer shall determine the appropriate level of street and traffic control improvements to be required, including any off-site street and traffic control improvements, based upon the transportation analysis submitted. The City Engineer’s determination of developer obligation, the extent of road improvement and City’s share, if any, of improvements and the timing of improvements shall be made based upon the City’s systems development charge ordinance and capital improvement program, and the rough proportionality between the impact of the development and the street improvements.

In determining the appropriate sizing of the street in commercial, office, multifamily, and public settings, the street should be the minimum necessary to accommodate anticipated traffic load and needs and should provide substantial accommodations for pedestrians and bicyclists. Road and driveway alignment should consider and mitigate impacts on adjacent properties and in neighborhoods in terms of increased traffic loads, noise, vibrations, and glare.

The realignment or redesign of roads shall consider how the proposal meets accepted engineering standards, enhances public safety, and favorably relates to adjacent lands and land uses. Consideration should also be given to selecting an alignment or design that minimizes or avoids hazard areas and loss of significant natural features (drainageways, wetlands, heavily forested areas, etc.) unless site mitigation can clearly produce a superior landscape in terms of shape, grades, and reforestation, and is fully consistent with applicable code restrictions regarding resource areas.

Streets shall be installed per Chapter 85 CDC standards. The City Engineer has the authority to require that street widths match adjacent street widths. Sidewalks shall be installed per CDC 85.200(A)(3) for commercial and office projects, and CDC 85.200(A)(16) and 92.010(H) for residential projects, and applicable provisions of this chapter. Where streets bisect or traverse water resource areas (WRAs) the street width shall be reduced to the appropriate “constrained” cross-section width indicated in the TSP or alternate configurations which are appropriate to site conditions, minimize WRA disturbance or are consistent with an adopted transportation system plan. The street design shall also be consistent with habitat friendly provisions of CDC 32.060(I).

Based upon the City Manager’s or Manager’s designee’s determination, the applicant shall construct or cause to be constructed, or contribute a proportionate share of the costs, for all necessary off-site improvements identified by the transportation analysis commissioned to address CDC 55.125 that are required to mitigate impacts from the proposed development. Proportionate share of the costs shall be determined by the City Manager or Manager’s designee, who shall assume that the proposed development provides improvements in rough proportion to identified impacts of the development.

3.    Storm detention and treatment and geologic hazards. Per the submittals required by CDC 55.130 and 92.010(E), all proposed storm detention and treatment facilities must comply with the standards for the improvement of public and private drainage systems located in the West Linn Public Works Design Standards, there will be no adverse off-site impacts caused by the development (including impacts from increased intensity of runoff downstream or constrictions causing ponding upstream), and the applicant must provide sufficient factual data to support the conclusions of the submitted plan.

Per the submittals required by CDC 55.130(E), the applicant must demonstrate that the proposed methods of rendering known or potential hazard sites safe for development, including proposed geotechnical remediation, are feasible and adequate to prevent landslides or other damage to property and safety. The review authority may impose conditions, including limits on type or intensity of land use, which it determines are necessary to mitigate known risks of landslides or property damage.

4.    Municipal water. A registered civil engineer shall prepare a plan for the provision of water which demonstrates to the City Engineer’s satisfaction the availability of sufficient volume, capacity, and pressure to serve the proposed development’s domestic, commercial, and industrial fire flows. All plans will then be reviewed by the City Engineer.

5.    Sanitary sewers. A registered civil engineer shall prepare a sewerage collection system plan which demonstrates sufficient on-site capacity to serve the proposed development. The City Engineer shall determine whether the existing City system has sufficient capacity to serve the development.

6.    Solid waste and recycling storage areas. Appropriately sized and located solid waste and recycling storage areas shall be provided. Metro standards shall be used.

J.    Crime prevention and safety/defensible space.

1.    Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants.

2.    Interior laundry and service areas shall be located in a way that they can be observed by others.

3.    Mailboxes, recycling, and solid waste facilities shall be located in lighted areas having vehicular or pedestrian traffic.

4.    The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime.

5.    Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps, and abrupt grade changes.

6.    Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. All commercial, industrial, residential, and public facility projects undergoing design review shall use low or high pressure sodium bulbs and be able to demonstrate effective shielding so that the light is directed downwards rather than omni-directional. Omni-directional lights of an ornamental nature may be used in general commercial districts only.

7.    Lines of sight shall be reasonably established so that the development site is visible to police and residents.

8.    Security fences for utilities (e.g., power transformers, pump stations, pipeline control equipment, etc.) or wireless communication facilities may be up to eight feet tall in order to protect public safety. No variances are required regardless of location.

K.    Provisions for persons with disabilities.

1.    The needs of a person with a disability shall be provided for. Accessible routes shall be provided between all buildings and accessible site facilities. The accessible route shall be the most practical direct route between accessible building entries, accessible site facilities, and the accessible entry to the site. An accessible route shall connect to the public right-of-way and to at least one on-site or adjacent transit stop (if the area is served by transit). All facilities shall conform to, or exceed, the Americans with Disabilities Act (ADA) standards, including those included in the Uniform Building Code.

L.    Signs.

1.    Based on considerations of crime prevention and the needs of emergency vehicles, a system of signs for identifying the location of each residential unit, store, or industry shall be established.

buildings shall be numbered for emergency identification

2.    The signs, graphics, and letter styles shall be designed to be compatible with surrounding development, to contribute to a sense of project identity, or, when appropriate, to reflect a sense of the history of the area and the architectural style.

3.    The sign graphics and letter styles shall announce, inform, and designate particular areas or uses as simply and clearly as possible.

4.    The signs shall not obscure vehicle driver’s sight distance.

5.    Signs indicating future use shall be installed on land dedicated for public facilities (e.g., parks, water reservoir, fire halls, etc.).

6.    Signs and appropriate traffic control devices and markings shall be installed or painted in the driveway and parking lot areas to identify bicycle and pedestrian routes.

M.    Utilities. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including but not limited to communication, street lighting, and cable television, shall be placed underground, as practical. The design standards of Tables 1 and 2 above, and of subsection 5.487 of the West Linn Municipal Code relative to existing high ambient noise levels shall apply to this section.

N.    Wireless communication facilities (WCFs). (This section only applicable to WCFs.) WCFs as defined in Chapter 57 CDC may be required to go through Class I or Class II design review. The approval criteria for Class I design review is that the visual impact of the WCF shall be minimal to the extent allowed by Chapter 57 CDC. Stealth designs shall be sufficiently camouflaged so that they are not easily seen by passersby in the public right-of-way or from any adjoining residential unit. WCFs that are classified as Class II design review must respond to all of the approval criteria of this chapter.

O.    Refuse and recycling standards.

1.    All commercial, industrial and multifamily developments over five units requiring Class II design review shall comply with the standards set forth in these provisions. Modifications to these provisions may be permitted if the Planning Commission determines that the changes are consistent with the purpose of these provisions and the City receives written evidence from the local franchised solid waste and recycling firm that they are in agreement with the proposed modifications.

2.    Compactors, containers, and drop boxes shall be located on a level Portland cement concrete pad, a minimum of four inches thick, at ground elevation or other location compatible with the local franchise collection firm’s equipment at the time of construction. The pad shall be designed to discharge surface water runoff to avoid ponding.

3.    Recycling and solid waste service areas.

a.    Recycling receptacles shall be designed and located to serve the collection requirements for the specific type of material.

b.    The recycling area shall be located in close proximity to the garbage container areas and be accessible to the local franchised collection firm’s equipment.

c.    Recycling receptacles or shelters located outside a structure shall have lids and be covered by a roof constructed of water and insect-resistive material. The maintenance of enclosures, receptacles and shelters is the responsibility of the property owner.

d.    The location of the recycling area and method of storage shall be approved by the local fire marshal.

e.    Recycling and solid waste service areas shall be at ground level and/or otherwise accessible to the franchised solid waste and recycling collection firm.

f.    Recycling and solid waste service areas shall be used only for purposes of storing solid waste and recyclable materials and shall not be a general storage area to store personal belongings of tenants, lessees, property management or owners of the development or premises.

g.    Recyclable material service areas shall be maintained in a clean and safe condition.

4.    Special wastes or recyclable materials.

a.    Environmentally hazardous wastes defined in ORS 466.005 shall be located, prepared, stored, maintained, collected, transported, and disposed in a manner acceptable to the Oregon Department of Environmental Quality.

b.    Containers used to store cooking oils, grease or animal renderings for recycling or disposal shall not be located in the principal recyclable materials or solid waste storage areas. These materials shall be stored in a separate storage area designed for such purpose.

5.    Screening and buffering.

a.    Enclosures shall include a curbed landscape area at least three feet in width on the sides and rear. Landscaping shall include, at a minimum, a continuous hedge maintained at a height of 36 inches.

b.    Placement of enclosures adjacent to residentially zoned property and along street frontages is strongly discouraged. They shall be located so as to conceal them from public view to the maximum extent possible.

c.    All dumpsters and other trash containers shall be completely screened on all four sides with an enclosure that is comprised of a durable material such as masonry with a finish that is architecturally compatible with the project. Chain link fencing, with or without slats, will not be allowed.

6.    Litter receptacles.

a.    Location. Litter receptacles may not encroach upon the minimum required walkway widths.

b.    Litter receptacles may not be located within public rights-of-way except as permitted through an agreement with the City in a manner acceptable to the City Attorney or their designee.

c.    Number. The number and location of proposed litter receptacles shall be based on the type and size of the proposed uses. However, at a minimum, for non-residential uses, at least one external litter receptacle shall be provided for every 25 parking spaces for first 100 spaces, plus one receptacle for every additional 100 spaces. (Ord. 1547, 2007; Ord. 1604 § 52, 2011; Ord. 1613 § 12, 2013; amended during July 2014 supplement; Ord. 1623 § 6, 2014; Ord. 1635 § 26, 2014; Ord. 1636 § 37, 2014; Ord. 1647 § 6, 2016; Ord. 1650 § 1 (Exh. A), 2016; Ord. 1662 § 8, 2017; Ord. 1675 § 45, 2018; Ord. 1745 § 1 (Exh. A), 2023)

A.    Applicability. Class II Design Review applications for the development of one or more new dwelling units, as applicable under CDC 55.020(B), are subject to the clear and objective approval standards in this section. Proposals where the applicant cannot or chooses not to meet the clear and objective approval standards in this section may apply under the discretionary Class II approval standards in CDC 55.100. The approval authority shall make findings with respect to the following criteria when approving, approving with conditions, or denying a Class II design review application for residential development:

B.    The provisions of the following chapters shall be met:

1.    Chapter 34 CDC, Accessory Structures, Accessory Dwelling Units, and Accessory Uses.

2.    Chapter 38 CDC, Additional Yard Area Required; Exceptions to Yard Requirements; Storage in Yards; Projections into Yards.

3.    Chapter 41 CDC, Building Height, Structures on Steep Lots, Exceptions.

4.    Chapter 42 CDC, Clear Vision Areas.

5.    Chapter 44 CDC, Fences.

6.    Chapter 46 CDC, Off-Street Parking, Loading and Reservoir Areas.

7.    Chapter 48 CDC, Access, Egress and Circulation.

8.    Chapter 52 CDC, Signs.

9.    Chapter 54 CDC, Landscaping.

C.    Relationship to the natural and physical environment.

1.    The buildings and other site elements shall be designed and located so that all heritage trees, as defined in the municipal code, shall be saved. If requested by the applicant, diseased heritage trees, as determined by the City Arborist, may be removed.

2.    The following shall be protected pursuant to the criteria of subsections (C)(2)(a) through (C)(2)(f) of this section: all heritage trees, as defined in the municipal code and all significant trees and significant tree clusters, as defined in CDC 2.030.

a.    The protected area for heritage trees, significant trees, and significant tree clusters is defined as the area within the dripline of the tree(s), plus an additional 10-foot measurement beyond the dripline.

PROTECTED AREA = DRIPLINE + 10 FEET

b.    Required protected areas include the following:

1)    On Type I and II lands, protected areas are required for all heritage trees and all significant trees and significant tree clusters. The protected area(s) shall also be preserved within a dedication or easement.

2)    On non-Type I and II lands, protected areas are required for all heritage trees, significant trees, and significant tree clusters. However, in no case shall more than 20 percent of the non-Type I and II lands on the site be required to be set aside within protected areas. Where the percentage of total protected area exceeds 20 percent of the non-Type I and II lands, and includes both heritage trees and significant trees or tree clusters, the priority shall be to first protect the heritage trees, followed by protecting the significant tree clusters, and significant trees. Exemptions of subsections (C)(2)(d), (e), and (f) of this section shall apply.

E.G., DRIPLINE + 10 FT. AREA = 2,500 SQ. FT. OR 18% OF TOTAL NON-TYPE I AND II LAND. DENSITY CALCULATIONS FOR THIS PARCEL WILL BE BASED ON REMAINING NET SQ. FOOTAGE OF SITE (EXCLUDING THE 2,500 SQ. FT.).

c.    Development within required protected areas is prohibited except as specified in subsections (C)(2)(d), (e), and (f) of this section.

d.    The following are exempt from the requirements of subsections (C)(2)(a) through (c) of this section: significant trees, significant tree clusters, or heritage trees that would prevent the extension of stubbed streets from abutting properties; and where a row of significant trees or tree clusters would block access, per construction code standards, to a lot or parcel.

e.    The site layout shall achieve at least 70 percent of maximum density for the developable net area as calculated in CDC 05.025.

f.    Where an applicant proposes grading within the required protected area for significant tree(s) or significant tree clusters, the applicant may request an exception to the tree protection requirements of this section in order to remove the significant tree(s) or tree cluster(s). The applicant shall submit evidence to the Planning Director that the grading is necessary for the development of street grades, per City construction codes, and that all reasonable alternative grading plans have been considered and cannot work. The applicant shall then submit a mitigation plan to the City Arborist to compensate for the removal of the tree(s) on an “inch-by-inch” basis (e.g., a 48-inch Douglas fir could be replaced by 12 trees, each four inches). The mix of tree sizes and types shall be approved by the City Arborist.

3.    The structures shall not be located in areas subject to slumping and sliding. The Comprehensive Plan Background Report’s Hazard Map, or updated material as available and as deemed acceptable by the Planning Director, shall be the basis for preliminary determination.

D.    Building orientation and entries. The following standards are intended to create and maintain street frontages that are attractive, create an environment that is conducive to walking, and provide natural surveillance of public spaces.

1.    Main entrance. At least one main entrance for each residential structure shall meet the requirements of both subsections (D)(1)(a) and (b) of this section.

a.    The entry shall be no further than eight feet behind the longest street-facing wall of the building; and

b.    The entry shall either face the street, be at an angle of no more than 45 degrees from the street, or open to a porch. If the entry opens to a porch, the porch shall meet all of the following standards:

1)    Have a minimum area of 25 square feet, with a minimum depth of five feet;

2)    Have at least one porch entry facing the street; and

3)    Have a roof that is a maximum of 12 feet above the floor of the porch and that covers at least 30 percent of the porch area.

2.    Alternative for multifamily structures. As an alternative to subsection (D)(1)(a) of this section, an entrance to a multifamily structure may face a courtyard if the courtyard-facing entrance is located within 60 feet of a street and the courtyard meets the following standards:

a.    The courtyard must be at least 15 feet in width;

b.    The courtyard must abut a street; and

c.    The courtyard must be landscaped or hard-surfaced for use by pedestrians.

E.    Architecture. The following standards are intended to promote building details in new residential construction that provide visual interest, contribute to a high-quality living environment for residents, give a sense of quality and permanence, and enhance compatibility with the surrounding community:

1.    Windows. At least 15 percent of the area of each facade facing a street, and 20 percent of the ground floor facing a street, shall be glazing or entry doors with glazing insets.

a.    Transparent windows allowing views from the dwelling to the street meet this standard. Up to 25 percent of the required area may also be met by privacy (translucent) windows, glass blocks, or entry doors with translucent glass.

b.    Window area is considered the entire area within the outer window frame, including any interior window grid.

c.    All of the window area of the street-facing wall(s) of an attached garage, and half of the total window area in the door(s) of an attached garage may be counted toward this standard.

d.    Doors used to meet this standard contain glass and shall face the street or be at an angle of not more than 45 degrees from the street. Security viewing devices (“peepholes”) do not by themselves meet this standard.

e.    Door area is considered the portion of the door that moves. Door frames do not count toward this standard.

2.    Articulation. All residential dwelling structures shall incorporate elements that break up all street-facing facades facing streets into smaller planes using four or more of the elements listed below. On corner or multi-frontage lots, four or more elements shall be provided on each street-facing facade. Architectural features that meet the standards in this subsection include the following features:

a.    A covered porch with a minimum depth of five feet (measured horizontally from the face of the main facade) and a minimum length of six feet;

b.    A balcony, at least four feet deep and eight feet wide, that is accessible from one interior room;

c.    A bay window at least six feet wide, bumped out by at least two feet and extending from the top of the foundation to the top of the main facade wall;

d.    A recessed building entry at least two feet deep, as measured horizontally from the face of the main building facade, and at least five feet wide;

e.    A section of the facade, at least six feet in width, that is either recessed or bumped out by at least two feet deep from the front wall plane;

f.    An offset on the building face of at least 16 inches from one exterior wall to the other;

g.    A gabled dormer at least four feet wide and integrated into the roof form;

h.    Roofline offset of at least two feet from the top surface of one roof to the top surface of the other; or

i.    Other similar architectural features proposed by the applicant if approved by the review authority through discretionary review.

3.    Detailed design elements. All residential dwelling structures shall provide at least nine of the following elements, on any street-facing facade. On all other facades, at least four of the following elements shall be provided:

a.    A recessed building entry at least two feet deep, as measured horizontally from the face of the main building facade, and at least five feet wide;

b.    Roof eaves on all elevations that project at least 12 inches from the intersection of the roof and the exterior walls;

c.    A minimum of three gable end brackets (either triangular knee braces or rake brackets), spaced a maximum of 15 feet on center;

d.    Roofline offset of at least two feet from the top surface of one roof to the top surface of the other;

e.    Hip or gambrel roof design with a minimum pitch of 6/12;

f.    Siding in gables which differs from the primary siding type (e.g., shingle siding in gable when primary siding is horizontal lap);

g.    Tile roofs;

h.    Fiber-cement horizontal lap siding between three and seven inches wide (the visible portion once installed);

i.    Exterior finish materials covering at least 40 percent of the facade from one or more of the following: brick, fiber-cement shingles, stone, or stucco;

j.    Window trim around all windows with a minimum width of three inches and a minimum thickness of five-eighths inches;

k.    On any facade not facing a street, minimum 15 percent of the area in glazing or entry doors, consistent with subsections (E)(1)(a) through (e) of this section;

l.    Recesses in all windows on a facade of at least three inches as measured horizontally from the face of the facade;

m.    Mullions or window grids in all windows on a facade;

n.    Attached garage width, as measured on the inside of the garage door frame, of 35 percent or less of the width of the street-facing facade;

o.    Horizontal band or barge boards;

p.    Color palette including four colors. Colors may be paint or intrinsic to the material (e.g., wood, brick, or stone). One main color shall cover at least 40 percent of the street-facing facade and each of the other colors shall be used on a minimum of four square feet; and/or

q.    Other similar architectural features proposed by the applicant if approved by the review authority through discretionary review.

4.    Transition stepbacks. The following standards apply to multifamily development and are intended to create transitions with nearby lower-density or smaller-scale residential development, in order to enhance compatibility of scale and to reduce the impacts of multifamily development on lower-density development. This standard applies to multifamily buildings that exceed 30 feet, where an abutting lot meets the criteria of subsection (E)(4)(a) or (b) of this section, or both. In such cases, the building on the subject site shall meet the standard in subsection (E)(4)(c) of this section.

a.    The abutting lot is in the R-40, R-20, R-15, R-10, R-7, R-5, or R-4.5 zoning district.

b.    The abutting lot has a pre-existing single-family detached home and is in a zoning district other than those listed in subsection (E)(4)(a) of this section. For the purposes of this section a “pre-existing single-family detached home” is one constructed prior to September 18, 2023.

c.    The subject building shall be designed to “step back” the building height along the property line shared by the abutting lot that meets criteria of subsection (E)(4)(a) or (b) of this section. The required height stepback shall be at least one foot for every one-foot increase in height above 30 feet.

For example, for a building with a total height of 40 feet, the height shall be limited to 30 feet at the setback line. The height may then increase by one foot for every foot behind the setback line, and reach the total height of 40 feet at a distance of at least 10 feet behind the setback line.

F.    Vehicle parking. The automobile shall be shifted from a dominant role, relative to other modes of transportation, by the following means:

1.    Limitation on parking frontage for multifamily developments.

a.    Parking and vehicle use areas and garages adjacent to any public or private street frontage, except alleys, shall extend across no more than 50 percent of the street frontage.

b.    No parking spaces, with the exception of underground parking, shall be placed within any required front yard area.

c.    Parking areas shall not be located between buildings and a public or private street, except alleys.

G.    Pedestrian access and circulation. The following standards are intended to ensure that pedestrian circulation systems for multifamily development are designed to provide clear, identifiable, safe, and convenient connections within the development and to adjacent uses and public streets/sidewalks:

1.    Residential developments shall meet the pedestrian circulation standards in CDC 48.080(A).

2.    Except as required for crosswalks, per subsection (G)(4) of this section, where a pedestrian pathway abuts a vehicle circulation area, it shall be physically separated by a curb that is raised at least six inches or by bollards.

3.    All pedestrian pathways shall comply with the requirements of the Americans with Disabilities Act.

4.    In order to provide safe crossings of streets, driveways, and parking areas, crossings shall be clearly marked with either contrasting paving materials (such as pavers, light-color concrete inlay between asphalt, or similar contrasting material) or reflective striping that emphasizes the crossing under low light and inclement weather conditions.

5.    Pedestrian connections shall be provided between buildings and between the development and adjacent rights-of-way, transit stops, and commercial developments. At least one connection shall be made to each adjacent street and sidewalk for every 200 linear feet of street frontage. Sites with less than 200 linear feet of street frontage shall provide at least one connection to the street and/or sidewalk.

H.    Compatibility between adjoining uses, buffering, and screening.

1.    Buffering. Where a multifamily development abuts a non-residential use or a property zoned R-40, R-20, R-15, R-10, R-7, R-5, or R-4.5, a landscape buffer shall be provided in accordance with the following standards:

a.    The buffer shall have a minimum depth of 10 feet and shall extend for the length of the property line of the abutting use or uses.

b.    The buffer area may only be occupied by utilities, screening, sidewalks, bikeways, landscaping, and approved vegetated post-construction stormwater quality facilities. No buildings, vehicular accessways or parking areas are allowed in a buffer area.

c.    The minimum improvements within a buffer area shall consist of the following:

1)    At least one row of trees. These trees will be not less than 10 feet high at the time of planting for deciduous trees and spaced not more than 30 feet apart and five feet high at the time of planting for evergreen trees and spaced not more than 15 feet apart. This requirement may be waived by the Director when it can be demonstrated that such trees would conflict with other purposes of this code (e.g., solar access).

2)    At least five five-gallon shrubs or 10 one-gallon shrubs for each 1,000 square feet of required buffer area.

3)    The remaining area treated with attractive ground cover (e.g., lawn, bark, rock, ivy, evergreen shrubs).

2.    Screening. On-site screening from view from adjoining properties of parking, loading, and service areas for multifamily development shall be provided in accordance with the following standards:

a.    A landscape buffer shall be provided that meets the standards in subsection (H)(1) of this section.

b.    In addition, one of the following types of screening shall be provided:

1)    One row of evergreen shrubs that will grow to form a continuous hedge at least four feet tall within two years of planting; or

2)    A fence or masonry wall at least five feet tall constructed to provide a uniform sight-obscuring screen; or

3)    An earth berm combined with evergreen plantings or a fence that forms a sight and noise buffer at least six feet tall within two years of installation.

3.    Rooftop air cooling and heating systems and other mechanical equipment shall be screened from view from adjoining properties.

I.    Noise. Where noise levels produced off site exceed the noise standards contained in West Linn Municipal Code Section 5.487, residential dwelling units shall be placed on the site in areas having minimal noise exposure or sound barriers shall be used to lessen noise impacts.

J.    Private outdoor area. This section only applies to multifamily projects.

1.    Each dwelling unit shall have an outdoor private area (e.g., patio, terrace, porch, or balcony) of not less than 48 square feet in area;

2.    The private outdoor area shall be screened from view from adjacent units or oriented to avoid direct lines of sight into adjacent units.

3.    Except for front porches, private outdoor areas for at-grade dwellings shall be screened from view from public streets and shared outdoor areas.

K.    Shared outdoor recreation areas. This section only applies to multifamily projects.

1.    Shared outdoor recreation areas are open spaces that provide recreational and social opportunities, such as playfields, improved playgrounds, swimming pools, tennis courts, community gardens, plazas, picnic areas, paths, and passive seating areas. Such areas must be improved and maintained for their intended use.

2.    In addition to the requirements of subsection F of this section, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts:

a.    Studios up to and including two-bedroom units: 200 square feet per unit.

b.    Three or more bedroom units: 300 square feet per unit.

3.    The required recreation space may be provided as follows:

a.    It may be all outdoor space; or

b.    It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; and

c.    Where some or all of the required recreation area is indoor, such as an indoor recreation room, then these indoor areas must be readily accessible to all residents of the development subject to clearly posted restrictions as to hours of operation and such regulations necessary for the safety of minors.

d.    No single area of outdoor recreational 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.

4.    All shared outdoor recreational spaces shall be visible from the windows of at least 20 percent of the dwelling units, or two dwelling units, whichever is greater, to facilitate crime prevention and safety.

L.    Demarcation of public, semi-public, and private spaces. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas, and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, to provide for crime prevention, and to establish maintenance responsibility. These areas shall be defined by one or more of the following:

1.    A deck, patio, fence, low wall, hedge, or draping vine;

2.    A trellis or arbor;

3.    A change in level;

4.    A change in the texture of the path material;

5.    Sign; or

6.    Landscaping.

Use of gates to demarcate the boundary between a public street and a private access driveway is prohibited.

M.    Public transit.

1.    Provisions for public transit may be required where the site abuts an existing public transit route. The required facilities shall be based on the following:

a.    The location of other transit facilities in the area.

b.    The size and type of the proposed development.

c.    The rough proportionality between the impacts from the development and the required facility.

2.    The required facilities shall be limited to such facilities as the following:

a.    A waiting shelter with a bench surrounded by a three-sided covered structure, with transparency to allow easy surveillance of approaching buses.

b.    A turnout area for loading and unloading designed per regional transit agency standards.

c.    Hard-surface paths connecting the development to the waiting and boarding areas.

d.    Regional transit agency standards shall, however, prevail if they supersede these standards.

3.    The primary building entrance shall not be more than 200 feet from the transit stop with a pedestrian link in compliance with subsection G of this section.

4.    Multifamily projects (over 40 units) may be required to provide for the relocation of transit stops to the front of the site if the existing stop is within 200 to 400 yards of the site and the exaction is roughly proportional to the impact of the development. The multifamily project may be required to provide new facilities in those cases where the nearest stop is over 400 yards away. If a new or relocated transit stop is to be required, this information shall be provided to the applicant at the pre-application conference, or before the application is deemed complete. The transit stop shall be built per subsection (M)(2) of this section.

N.    Public facilities. An application may only be approved if adequate public facilities, as defined in CDC 2.030, will be available to provide service to the property prior to occupancy.

1.    Streets.

a.    In situations where the level-of-service or volume-to-capacity performance standard for an affected City or State roadway is currently failing or projected to fail to meet the standard, and an improvement project is not programmed, the development shall avoid further degradation of the affected transportation facility. Mitigation must be provided to bring the facility performance standard to existing conditions at the time of occupancy.

b.    Sufficient right-of-way and slope easement shall be dedicated to accommodate all abutting streets to be improved to City standards, in accordance with the West Linn Public Works Design Standards.

c.    The realignment or redesign of roads shall be consistent with West Linn Public Works Design Standards and shall be consistent with applicable code restrictions regarding resource areas, pursuant to Chapter 27 CDC, Flood Management Areas, Chapter 28 CDC, Willamette and Tualatin River Protection, and Chapter 32 CDC, Water Resource Area Protection.

d.    Streets shall be installed per the standards in CDC 85.200(A). Sidewalks shall be installed per CDC 85.200(A)(16) and 92.010(H), and applicable provisions of this chapter.

e.    Where streets bisect or traverse water resource areas (WRAs) the street width shall be reduced to the “constrained” cross-section width indicated in the TSP for the applicable street type. The street design shall also be consistent with habitat friendly provisions of CDC 32.060(I).

f.    If a traffic impact analysis is required by CDC 85.170(B)(2)(d), the applicant shall construct or cause to be constructed any off-site improvements identified in the Transportation System Plan that are necessary to mitigate the impacts from the proposed development as identified by the analysis. In no case shall an applicant be required to contribute more than their proportionate share of the costs. Proportionate share of the costs is established by the proportionality analysis required as part of the traffic impact analysis.

2.    Storm detention and treatment and geologic hazards. Per the submittals required by CDC 55.130 and 92.010(E), all proposed storm detention and treatment facilities must comply with the standards for the improvement of public and private drainage systems located in the West Linn Public Works Design Standards, and the applicant must provide sufficient factual data to support the conclusions of the submitted plan.

Per the submittals required by CDC 55.130(E), the applicant must demonstrate that the proposed methods of rendering known or potential hazard sites safe for development, including proposed geotechnical remediation, are feasible and adequate to prevent landslides or other damage to property and safety. The review authority may impose conditions, including limits on type or intensity of land use, which it determines are necessary to mitigate known risks of landslides or property damage.

3.    Municipal water. A registered civil engineer shall prepare a plan for the provision of water which demonstrates to the City Engineer’s satisfaction the availability of sufficient volume, capacity, and pressure to serve the proposed development’s domestic, commercial, and industrial fire flows. All plans will then be reviewed by the City Engineer.

4.    Sanitary sewers. A registered civil engineer shall prepare a sewerage collection system plan which demonstrates sufficient on-site capacity to serve the proposed development. The City Engineer shall determine whether the existing City system has sufficient capacity to serve the development.

5.    Solid waste and recycling storage areas. Appropriately sized and located solid waste and recycling storage areas shall be provided that are sized and located in accordance with West Linn Municipal Code Section 4.500 and must provide adequate capacity to accommodate the minimum service volumes identified in Metro Code Section 5.15-2040.

O.    Crime prevention and safety/defensible space.

1.    Windows shall be located so that all shared or common use areas, including vehicle parking areas, bicycle parking, shared outdoor areas, and pedestrian paths, are visible from at least 20 percent of the dwelling units, or two dwelling units, whichever is greater.

2.    Mailboxes, recycling, and solid waste facilities shall be located in lighted areas having vehicular or pedestrian traffic.

3.    Shared or common use areas, including building entries, vehicle parking areas, bicycle parking, shared outdoor areas, and pedestrian paths, shall be lighted to the following minimum levels of foot-candles to enhance safety and allow use at night:

a.    Building entries: minimum three foot-candles.

b.    Pedestrian paths: minimum two foot-candles.

c.    Required bicycle parking: minimum three foot-candles.

d.    Vehicle parking: minimum two foot-candles.

4.    Light fixtures shall also be provided in potentially dangerous areas such as parking lots, stairs, ramps, and abrupt grade changes.

5.    Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. All residential projects undergoing design review shall meet the following shielding and light trespass standards:

a.    Shielding. Any light source or lamp that emits more than 900 lumens (15 watt fluorescent/LED or 60 watt incandescent) shall be concealed or shielded with an Illuminating Engineering Society of North America (IESNA) full cut-off style fixture with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. Examples of shielded light fixtures are shown below.

Examples of shielded light fixtures

b.    Light trespass. Maximum lighting levels at property lines shall not increase lighting levels more than 1.75 foot-candles 10 feet beyond the property line.

P.    Provisions for persons with disabilities.

1.    Accessible routes shall be provided between all buildings and accessible site facilities. The accessible route shall be the most practical direct route between accessible building entries, accessible site facilities, and the accessible entry to the site. An accessible route shall connect to the public right-of-way and to at least one on-site or adjacent transit stop (if the area is served by transit). All facilities shall conform to, or exceed, the Americans with Disabilities Act (ADA) standards, including those included in the Uniform Building Code.

Q.    Signs.

1.    Based on considerations of crime prevention and the needs of emergency vehicles, a system of signs for identifying the location of each residential unit shall be established.

2.    The signs shall not obscure vehicle drivers’ sight distance.

3.    Signs and appropriate traffic control devices and markings shall be installed or painted in the driveway and parking lot areas to identify bicycle and pedestrian routes.

R.    Utilities. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including but not limited to communication, street lighting, and cable television, shall be placed underground, except as provided in subsection (R)(1) of this section. The design standards of Section 5.487 of the West Linn Municipal Code relative to existing high ambient noise levels shall apply to this subsection.

1.    Exceptions to the underground utilities requirement shall be permitted in those cases where adjacent properties have above-ground utilities and where the development site’s frontage is under 200 feet and the site is less than one acre. High voltage transmission lines, as classified by Portland General Electric or electric service provider, are also exempted. Where adjacent future development is planned or proposed, conduits may be required at the direction of the City Engineer. All services shall be underground with the exception of standard above-grade equipment such as some meters, etc.

S.    Refuse and recycling standards.

1.    All multifamily developments over five units requiring Class II design review shall comply with the standards set forth in these provisions. Modifications to these provisions may be permitted only if the applicant elects to use the discretionary review criteria in CDC 55.100. Refer to the criteria in CDC 55.100(O)(1).

2.    Compactors, containers, and drop boxes shall be located on a level Portland cement concrete pad, a minimum of four inches thick, at ground elevation or other location compatible with the local franchise collection firm’s equipment at the time of construction. The pad shall be designed to discharge surface water runoff to avoid ponding.

3.    Recycling and solid waste service areas.

a.    Recycling receptacles shall be designed and located to serve the collection requirements for the specific type of material.

b.    The recycling area shall be co-located with the garbage container areas and be accessible to the local franchised collection firm’s equipment.

c.    Recycling receptacles or shelters located outside a structure shall have lids and be covered by a roof constructed of water- and insect-resistive material. The maintenance of enclosures, receptacles and shelters is the responsibility of the property owner.

d.    The location of the recycling area and method of storage shall be approved by the local fire marshal.

e.    Recycling and solid waste service areas shall be at ground level and/or otherwise accessible to the franchised solid waste and recycling collection firm.

f.    Recycling and solid waste service areas shall be used only for purposes of storing solid waste and recyclable materials and shall not be a general storage area to store personal belongings of tenants, lessees, property management or owners of the development or premises.

4.    Special wastes or recyclable materials.

a.    Environmentally hazardous wastes defined in ORS 466.005 shall be located, prepared, stored, maintained, collected, transported, and disposed of in a manner acceptable to the Oregon Department of Environmental Quality.

b.    Containers used to store cooking oils, grease or animal renderings for recycling or disposal shall not be located in the principal recyclable materials or solid waste storage areas. These materials shall be stored in a separate storage area designed for such purpose.

5.    Screening and buffering.

a.    Enclosures shall include a curbed landscape area at least three feet in width on the sides and rear. Landscaping shall include, at a minimum, a continuous hedge maintained at a height of 36 inches.

b.    Placement of enclosures adjacent to residentially zoned property and along street frontages is strongly discouraged. If enclosures are not located so as to conceal them from public view, the landscape hedge required under subsection (S)(5)(a) of this section shall be at least six feet tall.

c.    All dumpsters and other trash containers shall be completely screened on all four sides with an enclosure that is comprised of a durable material such as masonry that is used in at least one building on the site. Chain link fencing, with or without slats, will not be allowed.

6.    Litter receptacles.

a.    Location. Litter receptacles may not encroach upon the minimum required walkway widths.

b.    Litter receptacles may not be located within public rights-of-way except as permitted through an agreement with the City in a manner acceptable to the City Attorney or their designee. (Ord. 1745 § 1 (Exh. A), 2023; Ord. 1763 § 1 (Exh. A), 2025)

The site analysis shall include:

A.    A vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrian and bike ways, transit stops and utility access.

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.

2.    Contour lines at the following minimum intervals:

a.    Two-foot intervals for slopes from zero to 25 percent; and

b.    Five- or 10-foot intervals for slopes in excess of 25 percent.

3.    Tables and maps identifying acreage, location and type of development constraints due to site characteristics such as slope, drainage and geologic hazards, including a slope analysis which identifies portions of the site according to the land types (I, II, III and IV) defined in Chapter 02 CDC.

4.    The location and width of adjoining streets.

5.    The drainage patterns and drainage courses on the site and on adjacent lands.

6.    Potential natural hazard areas including:

a.    Floodplain areas pursuant to the site’s applicable FEMA Flood Map panel;

b.    Water resource areas as defined by Chapter 32 CDC;

c.    Landslide areas designated by the Natural Hazard Mitigation Plan, Map 16; and

d.    Landslide vulnerable analysis areas, designated by the Natural Hazard Mitigation Plan, Map 17.

7.    Resource areas including:

a.    Wetlands;

b.    Riparian corridors;

c.     Streams, including intermittent and ephemeral streams;

d.     Habitat conservation areas; and

e.     Large rock outcroppings.

8.    Potential historic landmarks and registered archaeological sites. The existence of such sites on the property shall be verified from records maintained by the Community Development Department and other recognized sources.

9.    Identification information including the name and address of the owner, developer, project designer, lineal scale and north arrow.

10.    Identify Type I and II lands in map form. Provide a table which identifies square footage of Type I and II lands also as percentage of total site square footage. (Ord. 1408, 1998; Ord. 1425, 1998; Ord. 1442, 1999; Ord. 1463, 2000; Ord. 1526, 2005; Ord. 1544, 2007; Ord. 1565, 2008; Ord. 1590 § 1, 2009; Ord. 1613 § 13, 2013; Ord. 1621 § 25, 2014; Ord. 1635 § 27, 2014; Ord. 1636 § 38, 2014; Ord. 1662 § 9, 2017; Ord. 1745 § 1 (Exh. A), 2023)

The site plan shall be at the same scale as the site analysis (CDC 55.110) and shall show:

A.    The applicant’s entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant’s property and proposed development and adjacent property and development.

B.    Boundary lines and dimensions for the perimeter of the property and the dimensions for all proposed lot or parcel lines.

C.    Streams and stream corridors.

D.    Identification information, including the name and address of the owner, developer, project designer, lineal scale and north arrow.

E.    The location, dimensions, and names of all existing and proposed streets, public pathways, easements on adjacent properties and on the site, and all associated rights-of-way.

F.    The location, dimensions and setback distances of all:

1.    Existing and proposed structures, improvements, and utility facilities on site; and

2.    Existing structures and driveways on adjoining properties.

G.    The location and dimensions of:

1.    The entrances and exits to the site;

2.    The parking and circulation areas;

3.    Areas for waste disposal, recycling, loading, and delivery;

4.    Pedestrian and bicycle routes, including designated routes, through parking lots and to adjacent rights-of-way;

5.    On-site outdoor recreation spaces and common areas;

6.    All utilities, including stormwater detention and treatment; and

7.    Sign locations.

H.    The location of areas to be landscaped. (Ord. 1442, 1999; Ord. 1613 § 14, 2013; Ord. 1622 § 28, 2014; Ord. 1636 § 39, 2014; Ord. 1745 § 1 (Exh. A), 2023)

Certain development proposals required that a traffic impact analysis (TIA) be provided which may result in modifications to the site plan or conditions of approval to address or minimize any adverse impacts created by the proposal. The purpose, applicability and standards of this analysis are found in CDC 85.170(B)(2). (Ord. 1584, 2008; Ord. 1745 § 1 (Exh. A), 2023)

The following requirements apply to Type I, II and III lands (refer to definitions in Chapter 02 CDC). A registered civil engineer must prepare a grading plan and a storm detention and treatment plan pursuant to CDC 92.010(E), at a scale sufficient to evaluate all aspects of the proposal, and a statement that demonstrates:

A.    The location and extent to which grading will take place indicating general contour lines consistent with CDC 55.110(B)(2), slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed.

B.    All proposed storm detention and treatment facilities comply with the standards for the improvement of public and private drainage systems located in the West Linn Public Works Design Standards.

C.    There is sufficient factual data to support the conclusions of the plan.

D.    Per CDC 99.035, the Planning Director may require the information in subsections A, B and C of this section for Type IV lands if the information is needed to properly evaluate the proposed site plan.

E.    For Type I, II and III lands (refer to definitions in Chapter 02 CDC), the applicant must provide a geologic report, with text, figures and attachments as needed to meet the industry standard of practice, prepared by a certified engineering geologist and/or a geotechnical professional engineer, that includes:

1.    Site characteristics, geologic descriptions and a summary of the site investigation conducted;

2.    Assessment of engineering geological conditions and factors;

3.    Review of the City of West Linn’s Natural Hazard Mitigation Plan and applicability to the site; and

4.    Conclusions and recommendations focused on geologic constraints for the proposed land use or development activity, limitations and potential risks of development, recommendations for mitigation approaches and additional work needed at future development stages including further testing and monitoring.

F.    Identification information, including the name and address of the owner, developer, project designer, and the project engineer. (Ord. 1463, 2000; Ord. 1613 § 15, 2013; Ord. 1622 § 28, 2014; Ord. 1662 § 10, 2017; Ord. 1745 § 1 (Exh. A), 2023)

Architectural drawings shall be submitted showing:

A.    Building elevations and sections tied to curb elevation;

B.    Building materials: color and type; and

C.    The name of the architect or designer. (Ord. 1408, 1998; Ord. 1613 § 16, 2013; Ord. 1745 § 1 (Exh. A), 2023)

A.    The landscape plan shall be prepared and shall show the following:

1.    Preliminary underground irrigation system, if proposed;

2.    The location and height of fences and other buffering of screening materials, if proposed;

3.    The location of terraces, decks, patios, shelters, and play areas, if proposed;

4.    The location, size, and species of the existing and proposed plant materials, if proposed; and

5.    Building and pavement outlines.

B.    The landscape plan shall be accompanied by:

1.    The erosion controls that will be used, if necessary;

2.    Planting list; and

3.    Supplemental information as required by the Planning Director or City Arborist. (Ord. 1408, 1998; Ord. 1613 § 17, 2013; Ord. 1745 § 1 (Exh. A), 2023)

A.    Applicability. The following exceptions are not available to applicants using the residential/clear and objective Class I or II design review criteria in CDC 55.095 or 55.105. They are only available to applicants for residential development if electing to use the discretionary criteria contained in CDC 55.090 or 55.100.

B.    The Planning Director may grant an exception to the dimensional building setback or yard requirements in the applicable zone based on findings that the approval will satisfy the following criteria:

1.    A minor exception that is not greater than 20 percent of the required setback dimension.

2.    A more efficient use of the site.

3.    The preservation of natural features that have been incorporated into the overall design of the project.

4.    No adverse affect to adjoining properties in terms of light, air circulation, noise levels, privacy, and fire hazard.

5.    Safe vehicular and pedestrian access to the site and safe on-site vehicular and pedestrian circulation.

C.    The Planning Director may grant an exception to the off-street parking dimensional requirements in the applicable zone so long as the application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, a nursing home).

D.    The Planning Director may grant an exception to the sign dimensional requirements in the applicable zone when the following criteria are met:

1.    The minor exception is not greater than 10 percent of the required applicable dimensional standard for signs;

2.    The exception is necessary for adequate identification of the use on the property; and

3.    The sign will be compatible with the overall site plan, the structural improvements, and with the structures and uses on adjoining properties.

E.    The Planning Director may grant an exception to the landscaping requirements in the applicable zone based on findings that the following criteria will be met:

1.    A minor exception that is not greater than 10 percent of the required landscaped area.

2.    A more efficient use of the site.

3.    The preservation of natural features that have been incorporated into the overall design of the project.

4.    No adverse effect to adjoining property. (Ord. 1745 § 1 (Exh. A), 2023; Ord. 1754 § 1 (Exh. A), 2024)

All on-site improvements shall be the ongoing responsibility of the property owner or occupant. (Ord. 1745 § 1 (Exh. A), 2023)

REPEALED BY ORD. 1745.

As a condition of approval for design review for any project that is being annexed to the City, the developer and/or homeowners association shall pay for all expenses related to street light energy and maintenance costs until annexed into the City. The approval for any property annexed must state: “This approval is contingent on voter approval of annexation of the subject property.” This means that no permit, final plat, or certificate of occupancy may be issued or approved until annexation is complete. (Ord. 1442, 1999; Ord. 1604 § 53, 2011; Ord. 1745 § 1 (Exh. A), 2023)