A.    The purpose of the land division provisions of this code is to implement the Comprehensive Plan; to provide rules and standards governing the approval of plats of subdivisions (four lots or more) and partitions (three lots or fewer); to help direct the development pattern; to lessen congestion in the streets; to increase street safety; to efficiently provide water, sewage, and storm drainage service; and to conserve energy resources.

B.    The purpose is further defined as follows:

1.    To improve our sense of neighborhood and community and increase opportunities for socialization.

2.    To comply with the State’s Transportation Planning Rule (TPR), which seeks to encourage alternate forms of transportation and reduce reliance upon the private automobile and vehicle miles traveled by increasing accessibility within and between subdivisions and neighborhoods. This may be accomplished by designing an easily understood, interconnected pattern of streets, bicycle and foot paths, and accommodation of transit facilities. Cul-de-sacs are to be discouraged unless site conditions dictate otherwise.

3.    To reduce pedestrian/vehicle conflicts and create a safe and attractive environment for pedestrians and bicyclists.

4.    To protect natural resource areas such as drainageways, Willamette and Tualatin River greenways, creeks, habitat areas, and wooded areas as required by other provisions of this code or by the layout of streets and graded areas so as to minimize their disturbance.

5.    To protect the natural features and topography by minimizing grading and site disturbance and by requiring proper erosion control techniques.

6.    To arrange the lots and streets so as to minimize nuisance conditions such as glare, noise, and vibration.

7.    To maximize passive solar heating benefits by orienting the streets on an east-to-west axis which increases exposure to the sun.

8.    To arrange for the efficient layout of utilities and infrastructure as well as their extension to adjacent properties in a manner consistent with either adopted utility plans or sound engineering practices.

9.    To arrange lots and roads to create reasonably buildable lots and acceptable driveway grades.

10.    To encourage the arrangement of increased densities and smaller lots in proximity to needed services and schools as well as transportation corridors so as to reduce vehicle miles traveled and to encourage alternate modes of travel.

11.    To encourage design experimentation and creativity.

12.    To arrange for the mitigation of impacts generated by new development. These impacts include increased automobile, foot, and bicycle traffic. These impacts are to be mitigated at the developer’s cost, by the provision of streets, sidewalks, bicycle and foot paths, and traffic control devices within, contiguous to, and nearby the development site. Similarly, increased demand on local infrastructure such as water lines, sanitary sewer lines, and storm drainage and detention facilities, should be offset by improving existing facilities or providing new ones. (Ord. 1636 § 49, 2014; Ord. 1647 § 7, 2016; Ord. 1745 § 1 (Exh. A), 2023)

A.    This division shall apply to all subdivisions and partitions within the City limits of West Linn.

B.    No person shall subdivide or create a partition except in conformity with the provisions of this code and Chapter 92 ORS. Chapter 92 ORS states that all partitions and subdivisions of land require a final plat to be prepared by a registered professional land surveyor; all corners must be monumented, the partition or subdivision plat must be approved by the City and County surveyor, as appropriate, and recorded with the County recorder.

C.    No building permit shall be issued for any parcel or lot which was created by subdivision or partition if it is not approved and in conformity with the provisions of this code.

D.    No excavation of land or construction of any public or private improvement shall take place or be commenced except in conformity with the provisions of this code. (Ord. 1636 § 50, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    No person shall sell any lot in any subdivision to which approval is required until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until the tentative plan has been approved.

B.    A person may negotiate to sell any parcel in a partition for which approval of a tentative plan is required, but shall not sell a parcel prior to approval.

C.    No building permits will be issued for tentatively approved lots or parcels until the final plat is recorded or substantial completion of conditions of development as defined in ORS 455.175 and a financial guarantee is provided per Chapter 91 CDC. (Ord. 1636 § 51, 2014; Ord. 1745 § 1 (Exh. A), 2023)

Repealed by Ord. 1636.

A.    No person shall create a street or road for the purpose of partitioning an area or tract of land without approval by the approval authority under the provisions of CDC 99.060(A) and (B).

B.    No instrument dedicating land to public use shall be accepted for recording unless such instrument bears the approval of the Planning Director or City Engineer, as applicable, under the provisions of CDC 99.060(A) and (B), procedures for decision-making. (Ord. 1382, 1995; Ord. 1745 § 1 (Exh. A), 2023)

A.    The Director shall not accept incomplete applications; however, if an application for approval of a tentative plan for a subdivision or partition is incomplete, the Planning Director shall notify the applicant of the fact within 30 days of the receipt of the application and allow the applicant to provide the additional required information.

B.    The approval authority shall take final action on an application for approval of a tentative plan for a subdivision or partition within 120 days after the application is found to be complete.

C.    If action is not taken within the 120-day period, the applicant may apply to the circuit court for a writ of mandamus to compel the issuance of approval. (Ord. 1382, 1995; Ord. 1745 § 1 (Exh. A), 2023)

A.    The application shall be filed by the record owner(s) of the property or by an authorized agent who has a letter of authorization from the property owners of record. The burden of proof will be upon the applicant to demonstrate the validity of the ownership, if challenged.

B.    Action on the application for a tentative plan shall be as provided by Chapter 99 CDC.

1.    The Planning Director shall approve, deny, or approve with conditions an application for a partition subject to the provisions of CDC 85.200, 99.060(A), and 99.110. The Director’s decision may be appealed to the City Council as provided by CDC 99.240(A).

2.    The Planning Commission shall approve, deny, or approve with conditions an application for a tentative plan for a subdivision subject to the provisions of CDC 85.200, 99.060(B), and 99.110. A petition for review of the Planning Commission’s decision may be filed as provided by CDC 99.240.

3.    The Planning Director shall approve, deny, or approve with conditions an application for an expedited land division subject to the provisions of CDC 85.220, 99.060(A), and 99.110. The decision may be appealed to a referee as provided by CDC 99.060(E).

4.    The Planning Director shall approve, deny, or approve with conditions an application for a middle housing land division subject to the provisions of CDC 85.230, 99.060(A), and 99.110. The decision may be appealed to a referee as provided by CDC 99.060(E).

5.    Action on the final plat shall be ministerial and taken by the Planning Director and City Engineer, and the Planning Director and City Engineer shall approve a final subdivision or partition plat upon the finding that the approval criteria set forth in CDC 89.050 have been satisfied. The Planning Director’s and City Engineer’s decision may be appealed to the Planning Commission by the applicant, and the Planning Commission shall make its decision based on testimony from the applicant and the Director. (Ord. 1474, 2001; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1755 § 1 (Exh. A), 2024)

A.    Approval of the tentative plan shall require that the final plat be in substantial conformance. Only such changes in the plat or map as are necessary for compliance with the terms of its approval, changes appropriate to meet accepted engineering practices due to grades or site conditions, or changes to satisfy legislative requirements are appropriate; however

B.    Approval of the tentative plan for the proposed subdivision or the partition shall not constitute final acceptance of the plat of the proposed subdivision or partition for recording. (Ord. 1745 § 1 (Exh. A), 2023)

Amendments to subdivision/partitions 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 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. (Ord. 1408, 1998; Ord. 1745 § 1 (Exh. A), 2023)

The final plat map shall be submitted to the Planning Director and recorded with the County within three years from the date of approval of the tentative plan, or as approved under CDC 99.325. If the final plat is not recorded by that time, the approval expires. (Ord. 1408, 1998; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1745 § 1 (Exh. A), 2023)

A.    Non-compliance with an approved final plat shall be a violation of this code.

B.    The development and associated conditions of approval shall be completed in accordance with the approved final plat before any occupancy permits will be issued except that when the City Engineer or Planning Director determines that immediate execution of any feature of an approved final plat is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Planning Director or City Engineer shall, as a precondition of the issuance of a required permit, require a cashier’s check, cash, or other surety (generally 125 percent of an engineer’s estimated cost of improvements), to secure execution of the feature at a time certain not to exceed one year. (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. However, notwithstanding the provisions of CDC 99.125, in no case shall the time period for final platting and recording all stages with the County be greater than five years without refiling the application. (Ord. 1589 § 1 (Exh. A), 2010; Ord. 1745 § 1 (Exh. A), 2023)

Where the tentative subdivision or partition plan is limited to only part of the potential development site, and the unsubdivided portion of the property is greater than 300 percent of the minimum lot size allowed in the underlying zoning district, a tentative layout for the streets for the unsubdivided portion shall be required. (Ord. 1650 § 1 (Exh. A), 2016; Ord. 1745 § 1 (Exh. A), 2023)

As provided by CDC 99.070, a land division application filed under this code may be heard concurrently with another application, upon applicant’s request. (Ord. 1745 § 1 (Exh. A), 2023)

A.    An applicant shall participate in a pre-application conference with staff prior to the submission of a complete tentative plan.

B.    The Planning staff shall explain the applicable plan policies, ordinance provisions, opportunities, and constraints which may be applicable to the site and type of proposed land division.

C.    The City Engineering staff shall explain the public improvement requirements which may be applicable to the site and type of proposed land division, including potential for the applicant to apply for a waiver of street improvements. (Ord. 1544, 2007; Ord. 1745 § 1 (Exh. A), 2023)

A.    The applicant shall submit a completed application which shall include:

1.    The completed application form(s).

2.    Copies of the tentative plan and supplemental drawings shall include one copy at the original scale plus one copy reduced in paper size not greater than 11 inches by 17 inches. 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.

3.    A narrative explaining all aspects of land division per CDC 85.200.

B.    The applicant shall pay the requisite fee. (Ord. 1401, 1997; Ord. 1408, 1998; Ord. 1442, 1999; Ord. 1613 § 19, 2013; Ord. 1621 § 25, 2014; Ord. 1622 § 19, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    A City-wide map shall identify the site. A vicinity map covering one-quarter-mile radius from the development site shall be provided in the application showing existing subdivisions, streets, and unsubdivided land ownerships adjacent to the proposed subdivision and showing how proposed streets and utilities may be extended to connect to existing streets and utilities.

B.    The tentative subdivision plan shall be prepared by a registered civil engineer and/or a licensed land surveyor. A stamp and signature of the engineer or surveyor shall be included on the tentative subdivision plan. A tentative minor partition plan (three lots or less) is only required to be drawn to scale and does not have to be prepared by an engineer or surveyor.

C.    The tentative plan of a subdivision or partition shall be drawn at a scale not smaller than one inch equals 100 feet, or, for areas over 100 acres, one inch equals 200 feet.

D.    The following general information shall be shown on the tentative plan of subdivision or partition:

1.    Proposed name of the subdivision and streets; these names shall not duplicate nor resemble the name of any other subdivision or street in the City and shall be determined by the City Manager or designee. Street names should be easily spelled, pronounced, and of limited length. All new street names must, to the greatest extent possible, respect and be representative of the surrounding geography and existing street names. Street names should consider any prominent historical City figures or neighborhood themes that exist. Subdivision street names may not reference names of the builder or developer.

2.    Date, north arrow, scale of drawing, and graphic bar scale.

3.    Appropriate identification clearly stating the drawing as a tentative plan.

4.    Location of the proposed division of land, with a tie to the City coordinate system, where established, and a description sufficient to define its location and boundaries, and a legal description of the tract boundaries.

5.    Names and addresses of the owner, developer, and engineer or surveyor.

E.    The following existing conditions shall be shown on the tentative plan of a subdivision or partition:

1.    The location, widths, and names of all existing or platted streets and rights-of-way within or adjacent to the tract (within 50 feet), together with easements and other important features such as section lines, donation land claim corners, section corners, City boundary lines, and monuments.

2.    Contour lines related to the U.S. Geological Survey datum or some other established benchmark, or other datum approved by the Planning Director and having the following minimum intervals:

a.    Two-foot contour intervals for ground slopes less than 20 percent.

b.    Five-foot contour intervals for ground slopes exceeding 20 percent.

3.    The location of any control points that are the basis for the applicant’s mapping.

4.    The location, by survey, and direction of all watercourses and areas subject to periodic inundation or storm drainageway overflow or flooding, including boundaries of flood hazard areas as established by the U.S. Army Corps of Engineers or the City zoning ordinance.

5.    Natural features such as rock outcroppings, wetlands tied by survey, wooded areas, heritage trees, and isolated trees (six-inch diameter at five feet above grade) identified by size, type, and location. All significant trees and tree clusters identified by the City Arborist using the criteria of CDC 55.100(B)(2), and all heritage trees, shall be delineated. Trees on non-Type I and II lands shall have their “dripline plus 10 feet” protected area calculated per CDC 55.100(B)(2) and expressed in square feet, and also as a percentage of total non-Type I and II area.

6.    Existing uses of the property, including location of all existing structures. Label all structures to remain on the property after platting.

7.    Identify the size and location of existing sewers, water mains, culverts, drain pipes, gas, electric, and other utility lines within the site, and in the adjoining streets and property.

8.    Zoning on and adjacent to the tract.

9.    Existing uses to remain on the adjoining property and their scaled location.

10.    The location of any existing bicycle or pedestrian ways.

11.    The location of adjacent transit stops.

F.    The following proposed improvements shall be shown on the tentative plan or supplemental drawings:

1.    The street location, proposed name, right-of-way width, and approximate radius of curves of each proposed street and street grades. Proposed street names shall comply with the street naming method explained in CDC 85.200(A)(14).

2.    The type, method, and location of any erosion prevention and sediment control measures and/or facilities in accordance with the most current version of Clackamas County’s Erosion/Sedimentation Control Plans Technical Guidance Handbook, which are necessary to prevent and control visible or measurable erosion as determined by the following criteria:

a.    Deposition of soil, sand, dirt, dust, mud, rock, gravel, refuse, or any other organic or inorganic material exceeding one cubic foot in volume in a public right-of-way or public property, or into the City surface water management system either by direct deposit, dropping, discharge, or as a result of erosion; or

b.    Flow of water over bare soils, turbid or sediment-laden flows, or evidence of on-site erosion such as rivulets or bare soil slopes, where the flow of water is not filtered or captured on the development site; or

c.    Earth slides, mud flows, land slumping, slope failure, or other earth movement that is likely to leave the property of origin.

Additional on-site measures may later be required if original measures prove to be inadequate in meeting these attainment standards. For the purposes of this code, “one cubic foot in volume” is defined to include the volume of material, wet or dry, at the time of deposition and includes any water of a discolored or turbid nature.

3.    Any proposed infrastructure improvements that address those identified in the City of West Linn Transportation System Plan.

4.    Any proposed bicycle or pedestrian paths. The location of proposed transit stops.

5.    Any easement(s) – location, width, and purpose of the easement(s).

6.    The configuration including location and approximate dimensions and area of each lot or parcel, and in the case of a subdivision, the proposed lot and block number.

7.    A street tree planting plan and schedule approved by the Parks Department.

8.    Any land area to be dedicated to the City or put in common ownership.

9.    Phase boundaries shall be shown. (Ord. 1382, 1995; Ord. 1403, 1997; Ord. 1544, 2007; Ord. 1565, 2008; Ord. 1636 §§ 53, 54, 2014; Ord. 1745 § 1 (Exh. A), 2023)

The following information shall be submitted to supplement the tentative subdivision plan:

A.    General.

1.    Narrative stating how the plan meets each of the applicable approval criteria and each subsection below.

2.    Statement or affidavit of ownership of the tract (County Assessor’s map and tax lot number).

3.    A legal description of the tract.

4.    If the project is intended to be phased, then such a proposal shall be submitted at this time with drawing and explanation as to when each phase will occur and which lots will be in each phase.

5.    Where the land to be subdivided or partitioned contains only a part of the contiguous land owned by the developer, the Commission or Planning Director, as applicable, shall require a master plan of the remaining portion illustrating how the remainder of the property may suitably be subdivided.

6.    Where the proposed subdivision site includes hillsides, as defined in CDC 02.030 Type I and II lands, or any lands identified as a hazard site in the West Linn Comprehensive Inventory Plan Report, the requirements for erosion control as described in CDC 85.160(F)(2) shall be addressed in a narrative.

7.    Table and calculations showing the maximum and minimum density calculations per CDC 05.025 and number of lots or parcels proposed.

8.    Map and table showing square footage of site comprising slopes by various classifications as identified in CDC 55.110(B)(3).

B.    Transportation.

1.    Centerline profiles with extensions shall be provided beyond the limits of the proposed subdivision to the point where grades meet, showing the finished grade of streets and the nature and extent of street construction. Where street connections are not proposed within or beyond the limits of the proposed subdivision on blocks exceeding 330 feet, or for cul-de-sacs, the tentative plat or partition shall indicate the location of easements that provide connectivity for bicycle and pedestrian use to accessible public rights-of-way.

2.    Traffic impact analysis (TIA).

a.    Purpose. The purpose of this section is to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the City to adopt a process to apply conditions to development proposals in order to minimize adverse impacts to and protect transportation facilities. This section establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a Traffic Impact Analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a traffic impact analysis; and who is qualified to prepare the study.

b.    Typical average daily trips. The latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE) shall be used as the standards by which to gauge average daily vehicle trips.

c.    Traffic impact analysis (no dwellings). For development applications that do not propose any new dwelling units, a traffic impact analysis may be required to be submitted to the City with a land use application, when the following conditions apply:

1)    The development application involves one or more of the following actions:

(A)    A change in zoning or a plan amendment designation; or

(B)    Any proposed development or land use action that ODOT states may have operational or safety concerns along a State highway; and

(C)    The development shall cause one or more of the following effects, which can be determined by field counts, site observation, traffic impact analysis or study, field measurements, crash history, Institute of Transportation Engineers Trip Generation manual, and information and studies provided by the local reviewing jurisdiction and/or ODOT:

(1)    An increase in site traffic volume generation by 250 average daily trips (ADT) or more (or as required by the City Engineer); or

(2)    An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day; or

(3)    The location of the access driveway does not meet minimum intersection sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate on the State highway, creating a safety hazard; or

(4)    The location of the access driveway does not meet the access spacing standard of the roadway on which the driveway is located; or

(5)    A change in internal traffic patterns that may cause safety problems, such as backup onto the highway or traffic crashes in the approach area.

d.    Traffic impact analysis (dwellings). For development applications that propose new dwelling units, an applicant must submit a traffic impact analysis unless the application is exempt from this requirement pursuant to subsection (B)(2)(d)(6) of this section. Failure to submit the analysis will result in an incomplete application. The applicant shall prepare the analysis in accordance with the following:

1)    At a minimum, the analysis area must include:

(A)    All points of access onto the public street system;

(B)    All intersections of arterials, collectors, and neighborhood routes within 1,000 linear feet from all points of access onto the public street system; and

(C)    All intersections where the traffic generated by the proposed development exceeds five percent of existing a.m. or p.m. peak hour total intersection traffic volumes. Trip generation shall be determined by using Institute of Transportation Engineers Trip Generation Manual (11th Edition).

2)    The analysis must analyze existing conditions and projected conditions upon completion of the proposed development.

3)    The analysis must be performed for the weekday a.m. peak hour (one hour between 7:00 a.m. and 9:00 a.m.) and p.m. peak hour (one hour between 4:00 p.m. and 6:00 p.m.). Analysis of other time periods may be required for uses that generate their highest traffic volumes at other times of the day or on weekends.

4)    The analysis must demonstrate that the transportation impacts from the proposed development will comply with the City’s level-of-service and average daily traffic standards and the Oregon Department of Transportation’s mobility standard.

5)    If the analysis identifies level-of-service conditions less than the minimum standard established in the City of West Linn Transportation System Plan, or fails to demonstrate that average daily trips (ADT) on existing or proposed streets will meet the ADT standards established in the Transportation System Plan or fails to meet the Oregon Department of Transportation’s mobility standard, the applicant shall propose improvements and funding strategies for mitigating identified problems or deficiencies that will be implemented concurrent with the proposed development.

6)    A transportation impact study is not required under this section if:

(A)    The proposed development will generate no more than 250 average daily trips as determined by using the Institute of Transportation Engineers Trip Generation Manual (11th edition); or

(B)    The proposed development completed a transportation impact within the past five years and that study assessed the impact of the same or more dwelling units than proposed under the new land use action.

e.    Traffic impact analysis (dwellings – discretionary review). As an alternative to the process outlined in subsection (B)(2)(d) of this section, an applicant may choose to follow the process in subsection (B)(2)(c) of this section.

f.    Traffic impact analysis requirements.

1)    Preparation. A traffic impact analysis shall be prepared by a professional engineer qualified under OAR 734-051-0040. The City shall commission the traffic analysis and it will be paid for by the applicant.

2)    Transportation Planning Rule compliance. See CDC 105.050(D), Transportation Planning Rule compliance.

3)    Pre-application conference. The applicant will meet with West Linn Public Works prior to submitting an application that requires a traffic impact application. This meeting will determine the required elements of the TIA and the level of analysis expected. The required elements and level analysis for the TIA shall be provided in writing to the applicant.

4)    Scope and analysis assumptions. Prior to report preparation, the applicant shall submit the proposed scope and analysis assumptions of the TIA. The City Engineer shall determine whether the scope and analysis assumptions are adequate.

g.    Approval criteria (discretionary review). The following criteria apply to development applications that do not propose any new dwelling units, or for applications that include dwellings and that elect to use the TIA process outlined in subsection (B)(2)(d) of this section:

1)    Criteria. When a traffic impact analysis is required, approval of the development proposal requires satisfaction of the following criteria:

(A)    The traffic impact analysis was prepared by a professional traffic engineer qualified under OAR 734-051-0040; and

(B)    If the proposed development shall cause one or more of the effects in subsection (B)(2) of this section, or other traffic hazard or negative impact to a transportation facility, the Traffic Impact Analysis includes mitigation measures that meet the City’s level of service and are satisfactory to the City Engineer, and ODOT when applicable; and

(C)    The proposed site design and traffic and circulation design and facilities, for all transportation modes, including any mitigation measures, are designed to:

(1) Have the least negative impact on all applicable transportation facilities; and

(2) Accommodate and encourage non-motor vehicular modes of transportation to the extent practicable; and

(3) Make the most efficient use of land and public facilities as practicable; and

(4) Provide the most direct, safe and convenient routes practicable between on-site destinations, and between on-site and off-site destinations; and

(5) Otherwise comply with applicable requirements of the City of West Linn Community Development Code.

h.    Approval criteria (dwellings). The following criteria apply to development applications that include new dwelling units, unless the applicant elects to use the TIA process outlined in subsection (B)(2)(d) of this section:

1)    Criteria. Approval of the development proposal requires satisfaction of the following criteria:

(A)    The traffic impact analysis was prepared by a professional traffic engineer qualified under OAR 734-051-0040; and

(B)    The transportation impacts from the proposed development will comply with the City’s level-of-service and average daily traffic standards and the Oregon Department of Transportation’s mobility standard, based on City-approved trip generation, assignment, and distribution calculations.

(C)    If mitigation is required, pursuant to subsection (B)(2)(d)(5), the proposed mitigation measures and funding strategies meet the City’s level of service standards. If proposed mitigation requires improvements within City or ODOT rights-of way, the design has been reviewed and approved by the City Engineer, and ODOT when applicable.

(D)    The proposed traffic and circulation design and facilities for all transportation modes, including any mitigation measures, comply with applicable requirements of the City of West Linn Community Development Code.

i.    Conditions of approval (discretionary review). The following applies to development applications that do not propose any new dwelling units, or for applications that include dwellings and that elect to use the TIA process outlined in subsection (B)(2)(d) of this section. The City may deny, approve, or approve the proposal with appropriate conditions.

1)    Dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or accessways shall be required where the existing transportation system will be impacted by or is inadequate to handle the additional burden caused by the proposed use.

2)    Improvements such as paving, curbing, installation or contribution to traffic signals, or construction of sidewalks, bikeways, accessways, paths, or streets that serve the proposed use where the existing transportation system may be burdened by the proposed use may be required.

j.    Conditions of approval (dwellings). The following applies to development applications that include new dwelling units, unless the applicant elects to use the TIA process outlined in subsection (B)(2)(d) of this section. The City may deny, approve, or approve the proposal with conditions necessary to ensure compliance with the approval criteria in subsection (B)(2)(h) of this section. Conditions of approval may include dedication of land and/or construction of streets, transit facilities, sidewalks, bikeways, paths, or accessways if necessary to achieve proposed mitigation measures, pursuant to subsection (B)(2)(d)(5) of this section. Facilities shall be constructed to applicable CDC standards and West Linn Public Works Design Standards.

C.    Grading.

1.    If areas are to be graded, a plan showing the location of cuts, fill, and retaining walls, and information on the character of soils, shall be provided. The grading plan shall show proposed and existing contours at intervals per CDC 85.160(E)(2).

2.    The grading plan shall demonstrate that the proposed grading to accommodate roadway standards and create appropriate building sites is the minimum amount necessary.

3.    The grading plan must identify proposed building sites and include tables and maps identifying acreage, location and type of development constraints due to site characteristics such as slope, drainage and geologic hazards. 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:

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

b.    Assessment of engineering geological conditions and factors;

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

d.    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.

D.    Water.

1.    A plan for domestic potable water supply lines and related water service facilities, such as reservoirs, etc., shall be prepared by a licensed engineer consistent with the adopted Comprehensive Water System Master Plan and most recently adopted updates and amendments.

2.    Location and sizing of the water lines within the development and off-site extensions. Show on-site water line extensions in street stubouts to the edge of the site, or as needed to complete a loop in the system.

3.    Adequate looping system of water lines to enhance water quality.

4.    For all non-single-family developments, calculate fire flow demand of the site and demonstrate to the Fire Chief. Demonstrate to the City Engineer how the system can meet the demand.

E.    Sewer.

1.    A plan prepared by a licensed engineer shall show how the proposal is consistent with the Sanitary Sewer Master Plan, Public Works Design Standards, and subsequent updates and amendments. Agreement with that plan must demonstrate how the sanitary sewer proposal will be accomplished and how it is efficient. The sewer system must be in the correct zone.

2.    Sanitary sewer information will include plan view of the sanitary sewer lines, including manhole locations and depths, and show how each lot or parcel would be sewered.

F.    Storm. A storm detention and treatment plan and narrative compliant with CDC 92.010(E) must be submitted for storm drainage and flood control including profiles of proposed drainageways with reference to the most recently adopted Storm Drainage Master Plan.

G.    Service provider permit. A Tualatin Valley Fire and Rescue service provider permit shall be provided. (Ord. 1382, 1995; Ord. 1401, 1997; Ord. 1425, 1998; Ord. 1442, 1999; Ord. 1584, 2008; Ord. 1604 § 65, 2011; Ord. 1635 § 33, 2014; Ord. 1636 § 54, 2014; Ord. 1650 § 1 (Exh. A), 2016; Ord. 1662 § 15, 2017; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1763 § 1 (Exh. A), 2025)

A redivision plan shall be required for a partition or subdivision, where the property could be developed at a higher density, under existing/proposed zoning, if all services were available and adequate to serve the use.

A.    The redivision plan is a sketch plan. A land survey and an engineering drawing are not required except where there are unique soil, topographic, or geologic conditions. Under the provisions of CDC 99.035, administrative procedures, the Planning Director may require additional information.

B.    The applicant shall submit a topographic map based on available information and a subdivision layout in accordance with standards set forth in this chapter and the zoning district in which the property is located.

C.    A building permit issued shall be for a specified future lot or parcel and the building shall meet the setback provisions of the zoning district in which the property is located.

D.    The redivision plan is considered a guide. Its purpose is to assure the efficient use of land and orderly growth. At such time as the property owner applies to redivide the land, a different proposal may be submitted for approval provided it meets all of the requirements. The redivision plan is not binding on the applicant or the City at the time a formal application is submitted under this chapter.

E.    The Planning Director shall approve the redivision plan in the manner set forth in CDC 99.060(A)(2), except that no notice shall be given. The applicant may appeal the Planning Director’s decision as provided by CDC 99.240(A).

F.    The Planning Director’s decision shall be based on the following findings:

1.    The redivision plan complies with the applicable requirements of this chapter and zoning district in which the property is located.

2.    There are adequate water and sewage systems available for the proposed use. (Ord. 1636 § 55, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    The Planning Director may require additional information as part of the application subject to the provisions of CDC 99.035(A).

B.    The applicant may request a waiver of any requirements for the application subject to the provisions of CDC 99.035(B) and (C). (Ord. 1745 § 1 (Exh. A), 2023)

No tentative subdivision or partition plan shall be approved unless adequate public facilities will be available to provide service to the partition or subdivision area prior to final plat approval and the Planning Commission or Planning Director, as applicable, finds that the following standards have been satisfied, or can be satisfied by conditions of approval:

A.    Streets.

1.    Purpose and guiding principles. The purpose of these standards is to promote safe, efficient, and convenient options for walking, bicycling, and driving while accommodating access to individual properties, as needed, and access to transit. The following principles shall guide land division applications:

a.    The location, width and grade of streets shall be considered in their relation to existing and planned streets, to the generalized or reasonable layout of streets on adjacent undeveloped lots or parcels, to topographical conditions, to public convenience and safety, to accommodate various types of transportation (automobile, bus, pedestrian, bicycle), and to the proposed use of land to be served by the streets.

b.    The functional class of a street aids in defining the primary function and associated design standards for the facility. The hierarchy of the facilities within the network in regard to the type of traffic served (through or local trips), balance of function (providing access and/or capacity), and the level of use (generally measured in vehicles per day) are generally dictated by the functional class.

c.    The street system shall assure an adequate traffic or circulation system with intersection angles, grades, tangents, and curves appropriate for the traffic to be carried.

d.    Streets should provide for the continuation, or the appropriate projection, of existing principal streets in surrounding areas and should not impede or adversely affect development of adjoining lands or access thereto.

e.    To accomplish this, the emphasis should be upon a connected continuous pattern of local, collector, and arterial streets rather than discontinuous curvilinear streets and cul-de-sacs. Deviation from this pattern of connected streets should only be permitted in cases of extreme topographical challenges including excessive slopes (35 percent plus), hazard areas, steep drainageways, wetlands, etc. In such cases, deviations may be allowed but the connected continuous pattern must be reestablished once the topographic challenge is passed.

2.    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.

3.    Tree protection. Streets shall be laid out to avoid and protect significant trees and significant tree clusters, but not to the extent that it would compromise connectivity requirements per this subsection A, or bring the achievable density below 70 percent of the maximum density for the developable net area as calculated per CDC 05.025.

4.    Street connections. The developer shall make all local street connections identified in the Transportation System Plan, Table 17 and Figure 12, that are within the boundaries of the project.

5.    Street improvements.

a.    Streets that are internal to the land division site are the responsibility of the developer. All streets bordering the development site are to be developed by the developer with, typically, half-street improvements to the City of West Linn Public Works Design Standards. Additional travel lanes may be required to be consistent with adjacent road widths or to be consistent with the adopted Transportation System Plan (TSP), Tables 26 through 30 and Exhibits 6 through 9.

b.    Waiver of required street improvements and in-lieu fee. An applicant may submit a written request for a waiver of abutting street improvements if the improvement would be prohibited by the TSP. When a requested waiver is granted, the applicant shall pay an in-lieu fee in accordance with the City’s adopted fee structure. The in-lieu fee shall be used for in-kind or related improvements.

c.    Right-of-way widths shall depend upon which classification of street is proposed. The right-of-way widths are established in the adopted TSP, Exhibits 6 through 9.

d.    Public Works Design Standards. Street design shall conform to the standards of the applicable roadway authority; for City streets that is the West Linn Public Works Design Standards manual. Where a conflict occurs between this code and the Public Works Design Standards manual, the provisions of this code shall govern.

6.    Street widths. Street widths shall depend upon the classification of street proposed. The classifications and required cross sections are established in the adopted TSP, Tables 26 through 30 and Exhibits 6 through 9.

Table 85-1 identifies street width standards (curb to curb) in feet for various street classifications. The standard width shall be required unless the applicant or their engineer can demonstrate that site conditions, topography, or site design require the reduced minimum width through a discretionary review.

* The minimum paved width for both internal and adjacent local streets in new subdivision proposals shall be 28 feet, unless reduced in subsection (A)(7) of this section.

7.    The decision-making body shall consider the City Engineer’s recommendations on the desired right-of-way width, pavement width and geometry for streets within or adjacent to the subdivision. To approve a street design less than the width in Table 85-1, the applicant shall demonstrate with proper documentation that one of the following applies:

a.    The street design will help protect a water resource area and complies with the submittal requirements and approval standards found in Chapter 32 CDC.

b.    The street design will help protect a flood management area and complies with the submittal requirements and approval standards found in Chapter 27 CDC.

c.    The street design will help protect the Willamette River Greenway, Tualatin River Greenway, or a habitat conservation area and complies with the submittal requirements and approval standards found in Chapter 28 CDC.

d.    The street design will help protect steep slopes and complies with the submittal requirements found in CDC 85.170(C) and approval standards found in subsection E of this section.

e.    The street design will help protect a significant tree cluster and complies with subsection (J)(9) of this section.

8.    Reserve strips. Reserve strips or street plugs controlling the access to streets are not permitted unless owned by the City.

9.    Alignment. All streets other than local streets or cul-de-sacs shall be in alignment with existing streets by continuations of the centerlines thereof. The staggering of street alignments resulting in “T” intersections shall leave a minimum distance of 200 feet between the centerlines of streets having approximately the same direction and otherwise shall not be less than 100 feet. Exceptions to these requirements shall only be approved if the applicant demonstrates that compliance is not practical through a discretionary review.

10.    Future extension of streets. The street system of a proposed development shall be designed to connect to existing, proposed, and planned streets adjacent to the development. Wherever a proposed development abuts unplatted land or a future development phase of an existing development, street stubs shall be provided to allow access to future abutting subdivisions and to logically extend the street system into the surrounding area. Where the stubbed street is over 100 feet long, street ends shall contain temporary turnarounds built to Oregon Fire Code standards and shall be designed to facilitate future extension in terms of grading, width, and temporary barricades.

11.    Intersection angles.

a.    Except as specified in subsection (A)(11)(c) of this section, street intersections shall be located and designed as follows:

1)    Streets shall be located and designed to intersect at, or close to, right angles (i.e., 90 degrees or within three degrees of 90 degrees).

2)    All legs of an intersection shall meet the above standard for at least 100 feet back from the point of intersection.

3)    No more than two streets shall intersect, i.e., creating a four-legged intersection, at any one point.

4)    Street jogs and intersection offsets of less than 125 feet are not permitted.

b.    Curb radii.

1)    Intersections which are not at right angles shall have minimum corner radii of 15 feet along right-of-way lines which form acute angles.

2)    Right-of-way lines at intersections with arterial streets shall have minimum curb radii of not less than 35 feet.

3)    Other street intersections shall have curb radii of not less than 25 feet.

4)    All radii shall maintain a uniform width between the roadway and the right-of-way lines.

c.    Through a discretionary review, applicants may request the City consider modifications of the standards in subsections (A)(11)(a) and (b) of this section; provided, that the following are met:

1)    Where an intersection is constrained by topography, the applicant may propose lesser intersection angles. However, intersection angles of less than 60 degrees are not allowed unless a special intersection design is requested and approved.

2)    The intersection of more than two streets at any one point or a street jogs or intersection offset of less than 125 feet is necessary because no alternative design exists.

12.    Additional right-of-way for existing streets. Wherever existing street rights-of-way adjacent to or within a tract are of inadequate widths based upon the standards of this chapter, additional right-of-way shall be dedicated at the time of subdivision or partition.

13.    Cul-de-sacs.

a.    New cul-de-sacs and other closed-end streets (not including stub streets intended to be connected) are not allowed unless the applicant demonstrates as part of a discretionary review that one or more of the following criteria are met:

1)    Due to existing slopes on the site that exceed 25 percent, it is not feasible to construct a street connection that does not exceed the maximum grade allowed by the Public Works Design Standards; or

2)    It is not feasible to construct a street connection using the constrained cross-section design, as provided in Exhibits 6 through 9 of the TSP, that avoids one or more of the following:

(A)    A natural resource protected by Chapter 32 CDC;

(B)    Existing transportation or utility facilities, buildings, or other existing development on adjacent land; or

(C)    Existing easements or leases.

b.    New cul-de-sacs and other closed-end streets, consistent with subsection (A)(13)(a) of this section, shall not exceed 200 feet in length or serve more than 25 dwelling units and shall comply with all adopted Tualatin Valley Fire and Rescue (TVFR) access standards.

c.    Applicants for a proposed subdivision, partition or a multifamily, commercial or industrial development accessed by an existing cul-de-sac/closed-end street shall demonstrate that the proposal is consistent with all applicable traffic standards and TVFR access standards.

d.    All cul-de-sacs and other closed-end streets shall include direct pedestrian and bicycle accessways from the terminus of the street to an adjacent street or pedestrian and bicycle accessways unless the applicant demonstrates that such connections are precluded by a physical constraint consistent with subsection (A)(13)(a) of this section.

e.    All cul-de-sacs/closed-end streets shall terminate with a turnaround built to one of the following specifications (measurements are for the traveled way and do not include planter strips or sidewalks).

14.    Street names. No street names shall be used which will duplicate or be confused with the names of existing streets within the City. Street names that involve difficult or unusual spellings are discouraged. Street names shall be subject to the approval of the Planning Commission or Planning Director, as applicable. Continuations of existing streets shall have the name of the existing street. Streets, drives, avenues, ways, boulevards, and lanes shall describe through streets. Place and court shall describe cul-de-sacs. Crescent, terrace, and circle shall describe loop or arcing roads.

15.    Grades and curves. Grades and horizontal/vertical curves shall meet the West Linn Public Works Design Standards.

16.    Access to local streets.

a.    Except as provided in subsection (A)(16)(c) of this section, intersection of a local residential street with an arterial street shall be prohibited by the decision-making authority if one or more alternatives exist for providing interconnection of proposed local residential streets with other local streets.

b.    Where a residential subdivision or partition abuts or contains an existing or proposed major arterial street, the design shall incorporate at least three of the following measures to protect residential properties from incompatible land uses, and to ensure separation of through traffic and local traffic: marginal access streets, reverse-frontage lots with lot depth of at least 100 feet, visual barriers, noise barriers, berms, no-access reservations along side and rear property lines, and/or other similar measures proposed by the applicant.

c.    At the applicant’s request, the City may consider design alternatives to subsections (A)(16)(a) and (b) of this section through a discretionary review.

17.    Alleys. Alleys shall be provided in commercial and industrial districts unless other permanent provisions for access to off-street parking and loading facilities are made as approved by the decision-making authority. While alley intersections and sharp changes in alignment should be avoided, the corners of necessary alley intersections shall have radii of not less than 10 feet. Alleys may be provided in residential subdivisions or multifamily projects. The decision to locate alleys shall consider the relationship and impact of the alley to adjacent land uses. In determining whether it is appropriate to require alleys in a subdivision or partition, the following factors and design criteria should be considered:

a.    The alley shall be self-contained within the subdivision. The alley shall not abut undeveloped lots or parcels which are not part of the project proposal. The alley will not stub out to abutting undeveloped parcels which are not part of the project proposal.

b.    The alley will be designed to allow unobstructed and easy surveillance by residents and police.

c.    The alley should be illuminated. Lighting shall meet the West Linn Public Works Design Standards.

d.    The alley should be a semi-private space where strangers are tacitly discouraged.

e.    Speed bumps may be installed in sufficient number to provide a safer environment for children at play and to discourage through or speeding traffic.

f.    Alleys should be a minimum of 14 feet wide, paved with no curbs.

18.    Sidewalks. Sidewalks shall be installed per CDC 92.010(H), Sidewalks. The residential sidewalk width is six feet plus planter strip as specified below. Sidewalks in commercial zones shall be constructed per subsection (A)(6) of this section. See also subsection C of this section. If part of a discretionary review, sidewalk width may be reduced with City Engineer approval to the minimum amount (e.g., four feet wide) necessary to respond to site constraints such as grades, mature trees, rock outcroppings, etc., or to match existing sidewalks or right-of-way limitations.

19.    Planter strip. The planter strip is between the curb and sidewalk providing space for a grassed or landscaped area and street trees. The planter strip shall be at least six feet wide to accommodate a fully matured tree without the boughs interfering with pedestrians on the sidewalk or vehicles along the curbline. If part of a discretionary review, planter strip width may be reduced or eliminated, with City Engineer approval, when it cannot be corrected by site plan, to the minimum amount necessary to respond to site constraints such as grades, mature trees, rock outcroppings, etc., or in response to right-of-way limitations.

20.    Streets and roads shall be dedicated without any reservations or restrictions.

21.    All lots in a subdivision shall have access to a public street. Lots created by partition may have access to a public street via an access easement pursuant to the standards and limitations set forth for such accessways in Chapter 48 CDC.

22.    Gated streets. Gated streets are prohibited in all residential areas on both public and private streets. A driveway to an individual home may be gated.

23.    Entryway treatments and street isle design. When the applicant proposes to construct certain walls, planters, and other architectural entryway treatments within a subdivision, the following standards shall apply:

a.    All entryway treatments except islands shall be located on private property and not in the public right-of-way.

b.    Planter islands may be allowed provided there is no structure (i.e., brick, signs, etc.) above the curbline, except for landscaping. Landscaped islands shall be set back a minimum of 24 feet from the curbline of the street to which they are perpendicular.

c.    All islands shall be in public ownership. The minimum aisle width between the curb and center island curbs shall be 14 feet. Additional width may be required as determined by the City Engineer.

d.    Brick or special material treatments are acceptable at intersections with the understanding that the City will not maintain these sections except with asphalt overlay, and that they must meet the Americans with Disabilities Act (ADA) standards. They shall be laid out to tie into existing sidewalks at intersections.

e.    Maintenance for any common areas and entryway treatments (including islands) shall be guaranteed through homeowners association agreements, CC&Rs, etc.

f.    Under Chapter 52 CDC, subdivision monument signs shall not exceed 32 square feet in area.

24.    Based upon the determination of the City Manager or the Manager’s designee, 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 traffic impact analysis commissioned to address CDC 85.170(B)(2) that are required to mitigate impacts from the proposed subdivision. The proportionate share of the costs shall be determined by the City Manager or Manager’s designee, who shall assume that the proposed subdivision provides improvements in rough proportion to identified impacts of the subdivision. Off-site transportation improvements will include bicycle and pedestrian improvements as identified in the adopted City of West Linn TSP, Figures 6, 7 and 10 and Tables 4 and 6.

B.    Blocks and lots.

1.    Purpose. The length, width, and shape of blocks shall be designed with due regard for the provision of adequate building sites for the use contemplated; consideration of the need for traffic safety, convenience, access, circulation, and control; and recognition of limitations and opportunities of topography and solar access.

2.    Sizes.

a.    Except as required under subsection (B)(2)(c) of this section, block lengths shall not exceed 800 feet, except for blocks adjacent to arterial streets or unless topographical conditions or the layout of adjacent streets justifies a variation as part of a discretionary review.

b.    Designs of proposed intersections shall demonstrate sight distances consistent with the West Linn Public Works Design Standards.

c.    Subdivisions of five or more acres that involve construction of a new street shall have block lengths of no more than 530 feet, unless an exception is granted as part of a discretionary review, based on one or more of the following:

1)    Due to existing slopes on the site that exceed 25 percent, it is not feasible to meet the block length standard without exceeding the maximum street grade allowed by the Public Works Design Standards.

2)    Physical conditions preclude a block length 530 feet or less. Such constraints may include, but are not limited to, the existence of natural resource areas under protection by requirements of Chapter 32 CDC or Titles 3 and 13 of the UGMFP or by State or Federal law; rail lines; or freeways.

3)    Buildings, leases, easements or covenants that existed prior to May 1, 1995, or other pre-existing development on adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a block length 530 feet or less, considering the potential for redevelopment.

4)    An existing public street or streets terminating at the boundary of the development site have a block length exceeding 530 feet, or are situated such that the extension of the street(s) into the development site would create a block length exceeding 530 feet. In such cases, the block length shall be as close to 530 feet as practicable.

d.    If block lengths are greater than 530 feet, accessways on public easements or right-of-way for pedestrians and cyclists shall be provided not more than 330 feet apart.

e.    If streets must cross water features protected pursuant to UGMFP Title 3, a crossing must be provided every 800 to 1,200 feet unless habitat quality or the length of the crossing prevents a full street connection.

3.    Lot size. Lot or parcel sizes and dimensions shall conform to the minimum standards of the CDC, unless as allowed by planned unit development (PUD). No lot or parcel shall be dimensioned to contain part of an existing or proposed street. All lots or parcels shall be buildable. “Buildable” describes lots that are free of constraints such as wetlands, drainageways, etc., that would make home construction impossible.

Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed.

4.    Access. Access to subdivisions, partitions, and lots shall conform to the provisions of Chapter 48 CDC, Access, Egress and Circulation.

5.    Through lots and parcels. Through lots and parcels have frontage on a street at the front and rear property lines. Through lots and parcels shall be avoided except where they are necessary to avoid residential lots with frontage on arterial streets. Additional exceptions may be granted as part of a discretionary review if an applicant proposes through lots to provide separation from adjacent non-residential activities, or to overcome specific disadvantages of topography and orientation. As part of the discretionary review, a planting screen or impact mitigation easement at least 10 feet wide, and across which there shall be no right of access, may be required along the line of building sites abutting such a traffic artery or other incompatible use.

6.    Lot shape. Each lot or parcel must be rectilinear in shape with straight side lot lines at right angles to front lot lines, and straight rear lot lines parallel to front lot lines, except where not practicable due to location along a street radius or because of existing natural features or lot lines. Side and rear lot lines that are segmented must not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of CDC 05.025.

7.    Flag lots. Flag lots are permitted only where it can be shown that there is adequate lot area to divide a property into two or more lots but there is not enough street frontage to meet the standard minimum requirement and where creation of a street is not necessary to meet connectivity standards. A single flag lot shall have a minimum street frontage of 15 feet for its accessway. Where two to four flag lots share a common accessway, the minimum street frontage and accessway shall be eight feet in width per lot. Common accessways shall have mutual maintenance agreements and reciprocal access and utility easements. The following dimensional requirements shall apply to flag lots:

a.    Setbacks applicable to the underlying zone shall apply to the flag lot.

b.    Front yard setbacks shall be based on the rear property line of the lot or parcel which substantially separates the flag lot from the street from which the flag lot gains access. Alternately, if the garage or parking area will be oriented toward the flag lot accessway, the front yard setback may be parallel to the accessway and measured from the edge of the accessway. As part of a discretionary review, the buildings and front yard may be oriented in other directions so long as some measure of privacy is ensured, or it is part of a pattern of development, or it better fits the topography of the site.

c.    The lot size shall be calculated exclusive of the accessway; the access strip may not be counted towards the area requirements.

d.    The lot depth requirement specified in the zoning district standards shall be measured from the rear property line of the lot or parcel which substantially separates the flag lot from the street from which the flag lot gains access.

e.    As per CDC 48.030, the accessway shall have a minimum paved width of 12 feet.

f.    If the use of a flag lot stem to access a lot is infeasible because of a lack of adequate existing road frontage, or location of existing structures, the proposed lot(s) may be accessed from the public street by an access easement of a minimum 15-foot width across intervening property.

8.    Large lots or parcels. In dividing tracts into large lots or parcels that are more than double the minimum area designated by the zoning district:

a.    Those lots must be arranged so as to allow further subdivision, and must contain such easements and site restrictions as will provide for extension and opening of future streets where it would be necessary to serve potential lots; or

b.    Alternately, in order to prevent further subdivision or partition of oversized and constrained lots or parcels, restrictions may be imposed on the subdivision or partition plat.

C.    Pedestrian and bicycle trails.

1.    When pedestrian and bicycle accessways are required pursuant to subsection (B)(2)(d) of this section, trails or multiuse pathways shall be installed, consistent and compatible with Federal ADA requirements and with the Oregon Transportation Planning Rule. Trails shall also accommodate bicycle or pedestrian traffic between neighborhoods and activity areas such as schools, libraries, parks, or commercial districts. Trails shall also be required where designated by the Parks Master Plan.

2.    The all-weather surface (asphalt, etc.) trail shall be eight feet wide at minimum for bicycle use and six feet wide at minimum for pedestrian use. Trails within 10 feet of a wetland or natural drainageway shall not have an all-weather surface, but shall have a soft surface as approved by the Parks Director. These trails shall be contained within a corridor dedicated to the City that has a minimum width of 20 feet. Sharp curves, twists, and blind corners on the trail shall be avoided. Deviations from the corridor and trail width are permitted only through a discretionary review where topographic and ownership constraints require it.

3.    Defensible space shall also be enhanced by the provision of a three- to four-foot-high matte black chain link fence or acceptable alternative along the edge of the corridor. The fence shall help delineate the public and private spaces.

4.    The bicycle or pedestrian trails that traverse multifamily and commercial sites shall follow the standards in subsection (C)(2) of this section, but do not need to be defined by a fence unless required by the decision-making authority as part of a discretionary review.

5.    Except for trails within 10 feet of a wetland or natural drainageway, soft surface or gravel trails may only be used in place of a paved, all-weather surface where it can be shown to the Planning Director as part of a discretionary review that the principal users of the path will be recreational, non-destination-oriented foot traffic, and that alternate paved routes are nearby and accessible.

6.    The trail grade shall not exceed 12 percent, and may increase to no more than 15 percent for a maximum of 50 feet, with a resting interval of no more than 12 percent for a minimum of five feet. In any location where topography requires steeper trail grades than permitted by this section, the trail shall incorporate a short stair section to traverse the area of steep grades.

D.    Transit facilities.

1.    The applicant shall consult with Tri-Met and the City Engineer to determine the appropriate location of transit stops, bus pullouts, future bus routes, etc., contiguous to or within the development site. If transit service is planned to be provided within the next two years, then facilities such as pullouts shall be constructed per Tri-Met standards at the time of development. More elaborate facilities, like shelters, need only be built when service is existing. Additional rights-of-way may be required of developers to accommodate buses.

2.    The applicant shall make all transit-related improvements in the right-of-way or in easements abutting the development site, consistent with ODOT standards and in coordination with Tri-Met.

3.    Transit stops shall be served by striped and signed pedestrian crossings of the street within 150 feet of the transit stop. Illumination of the transit stop and crossing is required to enhance defensible space and safety. ODOT approval may be required.

4.    Transit stops shall include a shelter structure bench plus eight feet of sidewalk to accommodate transit users, non-transit-related pedestrian use, and wheelchair users, unless a reduction is approved by Tri-Met. Tri-Met must approve the final configuration.

E.    Grading. Grading of building sites shall conform to the following standards unless physical conditions demonstrate the propriety of other standards:

1.    All cuts and fills shall comply with the excavation and grading provisions of the Building Code and the following:

a.    Cut slopes shall not exceed one and one-half feet horizontally to one foot vertically (i.e., 67 percent grade).

b.    Fill slopes shall not exceed two feet horizontally to one foot vertically (i.e., 50 percent grade). Please see the following illustration.

2.    If areas are to be graded, compliance with CDC 85.170(C) is required.

3.    The proposed grading shall be the minimum grading necessary to meet roadway standards, pursuant to the West Linn Public Works Design Standards, and to create buildable sites, considering maximum allowed driveway grades.

4.    Type I lands shall require a geologic report submitted by a certified engineering geologist, and Type I and Type II lands shall require a geologic hazard report stamped by a certified geotechnical professional engineer, consistent with the submittal requirements in CDC 85.170(C)(3).

5.    The review authority may impose conditions, including limits on type or intensity of land use, necessary to mitigate known risks of landslides or property damage, based on the conclusions and recommendations of the geologic report.

6.    On land with slopes in excess of 12 percent, cuts and fills shall be regulated as follows:

a.    Toes of cuts and fills shall be set back from the boundaries of separate private ownerships at least three feet, plus one-fifth of the vertical height of the cut or fill. Where an exception is required from that requirement, slope easements shall be provided.

b.    Cuts shall not remove the toe of any slope where a severe landslide or erosion hazard exists.

c.    Any structural fill shall be designed by a registered engineer in a manner consistent with the intent of this code and standard engineering practices, and certified by that engineer that the fill was constructed as designed.

d.    Retaining walls shall be constructed pursuant to Section 2308(b) of the Oregon State Structural Specialty Code.

7.    Land over 50 percent slope shall be developed only where the applicant cannot meet the standards of Chapter 24 CDC. In such cases, the development will provide that:

a.    At least 70 percent of the land over 50 percent slope will remain free of structures or impervious surfaces.

b.    Emergency access can be provided per the TVF&R service provider permit.

c.    Design and construction of the project will not cause erosion or land slippage per the geologic report and geologic hazard report.

d.    Grading, stripping of vegetation, and changes in terrain are the minimum necessary to construct the development in accordance with subsection J of this section.

F.    Water.

1.    A plan for domestic water supply lines or related water service facilities shall be prepared consistent with the adopted Comprehensive Water System Master Plan, updated in 2008, and subsequent superseding revisions or updates. The plan shall include:

a.    Location and sizing of the water lines consistent with the Water System Master Plan and West Linn Public Works Design Standards.

b.    For all non-single-family developments, there shall be a demonstration of adequate fire flow to serve the site, as demonstrated by consistency with West Linn Public Works Design Standards.

c.    A written statement, signed by the City Engineer, that water service can be made available to the site by the construction of on-site and off-site improvements and that such water service has sufficient volume and pressure to serve the proposed development’s domestic, commercial, industrial, and fire flows.

G.    Sewer.

1.    A plan prepared by a licensed engineer shall show how the proposal is consistent with the current Sanitary Sewer Master Plan and subsequent updates and amendments applicable at the time the proposal is submitted. Agreement with that plan must demonstrate how the sanitary sewer proposal will be accomplished and how it is gravity-efficient. The sewer system must be in the correct basin and allow for full gravity service.

2.    Sanitary sewer information will include plan view of the sanitary sewer lines, including manhole locations and depth or invert elevations.

3.    Sanitary sewer lines shall be located in the public right-of-way, particularly the street, unless the applicant can demonstrate as part of a discretionary review why the alternative location is necessary and meets accepted engineering standards.

4.    Sanitary sewer line shall be at a depth that can facilitate connection with down-system properties in an efficient manner.

5.    For non-residential development, the sanitary sewer line should be designed to minimize the amount of lineal feet in the system.

6.    The sanitary sewer line shall avoid disturbance of wetland and drainageways. In those cases where that is unavoidable, disturbance shall be mitigated pursuant to Chapter 32 CDC, Water Resource Area Protection, all trees replaced, and proper permits obtained. Dual sewer lines may be required so the drainageway is not disturbed.

7.    Sanitary sewer shall be extended or stubbed out to adjacent undeveloped land or a point in the street that allows for connection with adjacent or nearby properties.

8.    The sanitary sewer system shall be built pursuant to DEQ, City, and Tri-City Service District sewer standards. The design of the sewer system shall be prepared by a licensed engineer, and the applicant must be able to demonstrate the ability to satisfy these submittal requirements or standards at the pre-construction phase.

9.    A written statement, signed by the City Engineer, that sanitary sewers with sufficient capacity to serve the proposed development and that adequate sewage treatment plant capacity is available to the City to serve the proposed development.

H.    Storm detention and treatment. 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, as demonstrated by stormwater plan and report stamped by a professional engineer.

I.    Utility easements. Subdivisions and partitions shall establish utility easements to accommodate the required service providers as specified in the West Linn Public Works Design Standards.

J.    Supplemental provisions.

1.    Wetland and natural drainageways. Wetlands and natural drainageways shall be protected as required by Chapter 32 CDC, Water Resource Area Protection.

2.    Willamette and Tualatin Greenways. The Willamette and Tualatin River Greenways shall be protected as required by Chapter 28 CDC, Willamette and Tualatin River Protection.

3.    Street trees. Street trees are required as identified in Section 8.720 of the municipal code and Chapter 54 CDC.

4.    Lighting. All subdivision street or alley lights shall meet West Linn Public Works Design Standards.

5.    Dedications and exactions. The City may require an applicant to dedicate land and/or construct a public improvement that provides a benefit to property or persons outside the property that is the subject of the application when the exaction is roughly proportional. No exaction shall be imposed unless supported by a determination that the exaction is roughly proportional to the impact of development.

6.    Underground utilities. All utilities, such as electrical, telephone, and television cable, that may at times be above ground or overhead shall be buried underground in the case of new development. Exceptions 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.

7.    Density requirement. Density shall occur at 70 percent or more of the maximum density allowed by the underlying zoning as calculated per CDC 05.025.

a.    These provisions do not apply to planned unit developments where density is calculated per Chapter 24 CDC.

b.    Minimum density calculations per CDC 05.025 that result in three parcels or less are exempt and can divide into two parcels.

8.    Mix requirement. The “mix” rule means that developers shall have no more than 15 percent of the R-2.1 and R-3 development as single-family residential (including duplex, triplex, quadplex, and townhouse development). The intent is that the majority of the site shall be developed as medium high density multifamily housing.

9.    Heritage trees/significant tree and tree cluster protection. All heritage trees, as defined in Section 8.710 of the municipal code, shall be protected. If requested by the applicant, diseased heritage trees, as determined by the City Arborist, may be removed. Significant trees and significant tree clusters, as defined in CDC 2.030, shall be protected pursuant to CDC 55.100(B)(2) or 55.105(B)(2), as applicable. (Ord. 1377, 1995; Ord. 1382, 1995; Ord. 1401, 1997; Ord. 1403, 1997; Ord. 1408, 1998; Ord. 1425, 1998; Ord. 1442, 1999; Ord. 1463, 2000; Ord. 1526, 2005; Ord. 1544, 2007; Ord. 1584, 2008; Ord. 1590 § 1, 2009; Ord. 1604 § 64, 2011; Ord. 1613 § 20, 2013; amended during July 2014 supplement; Ord. 1635 § 34, 2014; Ord. 1636 § 56, 2014; Ord. 1647 § 8, 2016; Ord. 1650 § 1 (Exh. A), 2016; Ord. 1662 § 16, 2017; Ord. 1675 § 53, 2018; Ord. 1695 § 4, 2019; Ord. 1713 § 1, 2020; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1763 § 1 (Exh. A), 2025)

A.    The Director shall approve or deny a request for a property line adjustment based on the criteria stated below:

1.    An additional lot or parcel shall not be created by the property line adjustment.

2.    The existing property shall not be reduced in size by the adjustments below the minimum lot or parcel size established by the approved zoning for that district. The property line adjustment shall not enlarge, increase or extend the non-conformity of a non-conforming lot or non-conforming structure.

3.    Property line adjustments shall be either:

a.    A straight line (see Figure 1 example);

b.     A line with maximum of two 45- to 90-degree turns (see Figure 2 example); or

c.    A maximum of three turns less than 45 degrees (see Figure 3 example).

(The following figures are only intended as examples.)

4.    The property line adjustment shall not create a lot or parcel that violates applicable site development regulations.

5.    The property line adjustment will not adversely affect existing easements or existing utilities unless an easement vacation is obtained, replacement easements are established, or any required utility relocations are paid for by the applicant.

6.    Proposed property line adjustments that cannot meet these standards are subject to review under CDC 99.060(B)(2)(e).

7.    Any appeal must be filed in accordance with CDC 99.240.

B.    The provisions of CDC 85.070 shall also apply to property line adjustments. (Ord. 1401, 1997; Ord. 1442, 1999; Ord. 1635 § 35, 2014; Ord. 1636 § 57, 2014; Ord. 1675 § 54, 2018; Ord. 1745 § 1 (Exh. A), 2023)

An expedited land division, as defined by ORS 197.360, is an alternative process for the review of preliminary partition or subdivision plats. An expedited land division compresses review timelines, provides for different noticing requirements, and mandates a specific appeal process.

A.    Submittal requirements.

1.    Written responses to ORS 197.360(1) describing how the proposal qualifies for an expedited land division.

2.    Confirmation of participation in a pre-application conference per CDC 85.140.

3.    Required neighborhood meeting materials per CDC 99.038 for subdivision proposals.

4.    Materials identified in CDC 85.150 through 85.190.

B.    Approval criteria.

1.    ORS 197.360 through 197.380.

2.    CDC 85.200. (Ord. 1755 § 1 (Exh. A), 2024)

A middle housing land division, as defined by ORS 92.031, permits the division of property that contains middle housing. A middle housing land division is subject to limited review criteria and processed using the expedited land division rules of ORS 197.360 through 197.380.

A.    Submittal requirements.

1.    Written responses to ORS 92.031.

2.    Tree plan that includes:

a.    Site plan with existing trees identified.

b.    Inventory by tree size, tree species, and proposed to retain or remove.

3.    Site plan that includes:

a.    Utility connections and locations.

b.    Access locations.

c.    Proposed easements for utilities, access, or common areas.

d.    Proposed street improvement details and right-of-way dedications.

e.    Footprint of middle housing structures and proposed property lines.

4.    Approved Tualatin Valley Fire and Rescue service provider permit.

5.    Preliminary plat that includes:

a.    Property lines and dimensions.

b.    Public and private utility easements.

c.    Required right-of-way dedication.

B.    Approval criteria.

1.    ORS 92.031. (Ord. 1755 § 1 (Exh. A), 2024)