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City Council Packet - 01/07/2020City nj Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: January 7, 2020 - 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Public Comment items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 6:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 6:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htta://www.tiaard-or.eov/city hall/council meeting.oho CABLE VIEWERS: The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. IN City of Tigard Tigard Business Meeting—Agenda TIGARD 0, $.. TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: January 7,2020 - 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 1. BUSINESS MEETING A.Call to Order B.Roll Call C.Pledge of Allegiance D.Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT (Two Minutes or Less, Please) A.Follow-up to Previous Public Comment B.Public Comment—Sign Up Sheet 3. CONSENT AGENDA: (Local Contract Review Board) The Consent Agenda is used for routine items including council meeting calendars, appointments to boards and committees and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. Motion to: A.CONSIDER CONTRACT AWARD FOR HVAC MAINTENANCE Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on those items which do not need discussion. 4. LEGISLATIVE PUBLIC HEARING: CONSIDER DEVELOPMENT CODE AMENDMENT DCA2019-00002 OMNIBUS CODE PACKAGE 6:40 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYSTEM DEVELOPMENT CHARGES 7:10 p.m. estimated time 6. PUBLIC HEARING: CONSIDER RESOLUTION TO AMEND MASTER FEES AND CHARGES SCHEDULE FOR RESIDENTIAL PARKING FEES 7:30 p.m. estimated time 7. LOCAL CONTRACT REVIEW BOARD: CONSIDER REVISIONS TO THE CITY'S PUBLIC CONTRACTING RULES 7:40 p.m. estimated time 8. COUNCIL GOAL DISCUSSION: INCREASING POLICE SERVICES AND LOCAL OPTION LEVY 7:55 p.m. estimated time 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. ADMINISTRATIVE REPORT 11. ADJOURNMENT 9:00 p.m. estimated time AGENDA ITEM NO. 2 B - PUBLIC COMMENT DATE: January 7, 2020 Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name LI6f/n/ /f • emit iztCS City fip pt/ Also,please spell your name as it sounds,if it will help t/ Cy4 i ita:e the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email AIS-4099 A. Business Meeting One Meeting Date: 01/07/2020 Length (in minutes): Consent Item Agenda Title: Consider Contract Award for HVAC Maintenance Prepared For: Christine Moody Submitted By: Jamie Greenberg, Finance and Information Services Item Type:Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Will the Local Contract Review Board award a contract for Mechanical/HVAC Preventative Maintenance and Inspection Services to RINU dba Reitmeier? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board award the contract for the City's Mechanical/HVAC Preventative Maintenance and Inspection Services to RINU dba Reitmeier in the amount of$170,000 over the life of the contract and authorize the City Manager to take all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The city requires mechanical/HVAC preventative maintenance and inspection services. The contractor will be providing labor,material and equipment to perform preventative maintenance and inspection of HVAC heating/air conditioning systems at various city facilities. This service will include written reports, monitoring and preventative maintenance services. The city issued a Request for Proposal (RFP) for the work in October, 2019 and received 2 proposals. A selection committee was assembled and scored the proposals received based on the following criteria that was included in the RFP: Firm and team qualifications 40% Project Understanding and Approach 30% Cost Structure 30% Based on the selection committee's recommendation, staff recommends RINU dba Reitmeier be awarded the contract as the best and most responsible firm for the work. The contract will be for a possible five years with an estimate of$34,000 per year for a total not to exceed$170,000. OTHER ALTERNATIVES The Local Contract Review Board may reject all proposals and direct staff to reissue the Request for Proposal. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has been presented this contract award. Fiscal Impact Cost: 170,000 Budgeted (yes or no): Yes Where budgeted?: Fleet/Property Management Additional Fiscal Notes: This contract is for an estimated $34,000 per year for a possible total of$170,000 over five years. These appropriations are allocated in the Property Management division annually. The city reserves the right to terminate the contract if appropriations are not granted in any given fiscal year. Attachments No file(s) attached. AIS-4042 4. Business Meeting One Meeting Date: 01/07/2020 Length (in minutes): 30 Minutes Agenda Title: Legislative Public Hearing: DCA2019-00002 Omnibus Code Package Prepared For: Agnes Lindor, Community Development Submitted By: Agnes Lindor, Community Development Item Type: Ordinance Meeting Type: Council Business Meeting Public Hearing-Legislative Main Public Hearing: Yes Publication Date: Information ISSUE Shall the City Council adopt the 2019 Omnibus Code Amendments (DCA2019-00002)? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council adopt the 2019 Omnibus Code Amendments (DCA2019-00002) as proposed. KEY FACTS AND INFORMATION SUMMARY In January 2019, Community Development staff completed a comprehensive multi-year effort to modernize and streamline the development code, resulting in a document that is easier to read,understand and navigate. Phase I of the project, completed in 2017, concentrated on smaller non-policy issues and code reorganization. Phases IIA and B made policy changes related to housing, commercial and industrial development standards, parking standards, small cell wireless facilities,procedures for land use approvals, as well as made some non-policy changes to language. Since its adoption in January, implementation of the new code has identified minor deficiencies. These amendments address those deficiencies. The proposed amendments include streamlining residential use categories into a single category, Residential Use. The proposed use category now captures all uses where components of a dwelling unit are shared by residents, such as assisted living or memory care facilities. These uses will now be considered residential. To comply with House Bill 2001, the amendments also allow cottage clusters, courtyard units and quads in the R-1 and R-2 zones, and remove parking requirements for accessory dwelling units. The last change is to the land division chapters, Chapter 18.810, 18.820 and 18.830. These changes pertain to lot standards, specifically the Lot Width/Depth Standard and the Rectilinear Standard. The Lot Width/Depth Standard makes it burdensome for existing lots that are narrow and deep (created in the county) to meet this criteria. The Rectilinear Standard does not work well for nonresidential properties because of irregular lot shapes and sizes are common. The text changes also include a number of small changes that add clarifying language,reword confusing passages and fix inadvertent oversights and omissions. OTHER ALTERNATIVES The City Council may: 1. Modify the amendments and adopt; 2. Remand the amendments back to the Planning Commission; or 3. Deny the amendments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Exhibit A-Amendments Exhibit B-PC Recommendation Presentation CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20- AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE 2019 OMNIBUS CODE AMENDMENT PACKAGE (DCA2019-00002). WHEREAS, the city has initiated an application to amend the text of the Community Development Code; and WHEREAS, the purpose of the amendments is to replace and remove outdated and ineffective regulations; and address minor deficiencies and omissions in the code; and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.710.110 and ORS 227.186; and WHEREAS, the Tigard Planning Commission held a public hearing on December 2, 2019 and recommended by unanimous vote that Council approve the proposed code amendments, as amended by Planning Commission; and WHEREAS, the Tigard City Council held a public hearing on January 7, 2020 to consider the proposed amendments;and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; applicable federal and state statutes or regulations; applicable Metro regulations; applicable Comprehensive Plan Policies; and applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria, and are in the best interest of the City of Tigard. ORDINANCE No.20- Page 1 NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1:The amendments to the Tigard Municipal Code, Title 18 Community Development Code set forth in Exhibit'A' are hereby adopted. SECTION 2:The findings and conclusions contained in Exhibit B,' "Planning Commission Recommendation to the City Council," (DCA 2019-00002) dated December 16, 2019 are hereby adopted as the basis in support of this ordinance. SECTION 3:If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 4: This Ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder PASSED: By vote of all Council members present after being read by number and title only, this day of 2020. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of 2020. Jason Snider, Mayor Approved as to form: City Attorney Date ORDINANCE No. 20- Page 2 EXHIBIT A City Council Draft Proposed Code Amendment OMNIBUS AMENDMENTS Chapter 18.10 LEGAL FRAMEWORK 18.10.040 Consistency with Other Regulations B. Other regulations. All uses and development must comply with all other applicable regional, state, and federal regulations. 2. Notwithstanding any other provision of this title, the Director has the authority to make an interpretation of reasonable accommodations in the application of this title when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit to the extent required by federal or state law. In considering whether an accommodation is reasonable,the Director may consider whether the request puts an undue burden or expense on the city and whether the proposed use creates a fundamental alteration in this title. The Director may ask for,or the applicant may voluntarily submit,additional information based on the requested accommodation, to determine whether the request creates an undue burden or a fundamental alteration.The accommodation may result in a permitted or conditional waiver of any limitation of this title. Determinations of reasonable accommodation are made through a Director determination, as provided in Chapter 18.730, Director Determinations. 18.10.060 Special Designations C. Special areas. The following special areas are established in the city: 1. Special areas are shown on the following maps: c. Significant tree groves are shown on the"City of Tigard Significant Tree Grove Map,"adopted by reference. Significant tree groves are subject to voluntary regulations as provided in Chapter 18.520, Urban ForestrySignificant Tree Groves. Chapter 18.30 DEFINITIONS' 18.30.010 List of Terms D- Dwelling-Related Definitions: Dwelling Unit-See Dwelling-Related Definitions Dwelling Unit-Related Definitions: S- Story, First Story, Half 18.30.020 Definitions Omnibus Amendments Page 1 of 39 EXHIBIT A City Council Draft Proposed Code Amendment B. "B"definitions. 1. "Basement"-Any floor level below the first story in a building that does not meet the definition of a story, - --- • . °:- c••2 • _ . D. "D"definitions. 14. Dwelling unit-related definitions: a. "Dwelling unit" - A structure or portion thereof that is used for human habitation including permanent provisions for sleeping, cooking, and sanitation. b. `Accessory dwelling unit"- An additional dwelling unit on a lot with a primary dwelling unit. cookie nd i'tati . An accessorydwelling unit may be attache dor internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. i. "Quad" - A type of attached housingdwelling unit consisting of two dwelling units on a first story,attached at a common sidewall, and two dwelling units on a second story, attached to the first story dwelling units at their common floor and ceiling. j. "Rowhouse" - A type of attached housing that shares : _a common sidewall with one or more othordwelling units, but excluding apartments, courtyard units, and quads. • . •.. _ ' : .• . R. "R"definitions. 4. "Residence"- See "dwelling unit." S. "S"definitions. 5. "Story"—See Oregon Residential Specialty Code. •. .. •. . ..' . 7. "Story, half' A story under a gable or gambrel roof, the wall plates of which on at least two 0.. . . ' 0.. 3:: .. - . - . - Omnibus Amendments Page 2 of 39 EXHIBIT A City Council Draft Proposed Code Amendment considered as a half story. 68. "Structure" - Any object that is built or constructed, and located in or on the ground, or that is attached to something fixed to the ground. Structure includes buildings, decks, fences,towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials. N. "Subdivision" - Division of a unit of land into four or more units of land within a calendar year when such unit of land exists as a unit or contiguous units of land under a common ownership.The term "subdivision"also applies to an area of land that has been subdivided. 84-9. "Substantial improvement" - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: Chapter 18.40 MEASUREMENTS 18.40.050 Building Facade Area The area of a specific facade of a building is determined by adding the square footage of surface area of each section of wall visible from that perspective. For buildings with articulated facadesmoro than ono wall along facade _ . all of the walls are included in the total area.The total area does not include any roof area. See Figure 18.40.9. Chapter 18.60 USE CATEGORIES 18.60.020 Classification of Uses A. Considerations. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: b. Relative amount of site or floor areaspaee and equipment devoted to the activities; 18.60.040 Residential Use Categories Category A. Characteristics: 1. Residential use is the residential occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. Omnibus Amendments Page 3 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care, training, or treatment. B. Accessory uses:Accessory uses may include parking, recreational and social facilities, dining halls, and home occupations. C. Examples: Examples include household living,group living, foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: I. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, Detention Facility, or Medical Center. 2. Does not include dormitories, fraternities, or sororities where accessory to College uses. A. Group Living. I. Characteristics: Group Living is characterized by the residential occupancy of a dwelling unit by a arranged on a month to month basis, or for a longer period. Uses where tenancy may be arranged also reside at the site. Group Living may include the State of Oregon definition of a residential by the state building code. 2. Accessory uses: Accessory uses commonly found arc recreational facilities and parking. convents; nursing and convalescent homes; some group homes for the physically and mentally 4. Exceptions: Commercial Lodging. Household Living. B. Household Living. Omnibus Amendments Page 4 of 39 EXHIBIT A City Council Draft Proposed Code Amendment tenancy may be arranged for a shorter period are not considered residential. They are considered to addition. ulati ns assisted living, if residents live in self contained units. 4• - - . •- . '- •- - .- . Such uses are classified as either Commercial Lod_•-e :. :e :. e I 18.60.050 Civic Use Categories L. Temporary Shelter. 4. Exceptions: b. Does not include residential uses meeting the definition of Residential UseHousehold Living or Group Living. 18.60.060 Commercial Use Categories D. Commercial Lodging. 4. Exceptions: Does not include uses meeting the definition of Residential UseGroup Living or Temporary Shelter. 18.60.080 Other Use Categories A. Agriculture/Horticulture. 1. Characteristics: Agricultural/Horticultural uses are open areas devoted to the raising, production, or keeping of plants or animals being raised for food or fiber production. Sales of products grown on site may be included. 2. Accessory uses: Accessory uses include dwellings units for proprietors and animal training. C. Detention Facilities. Omnibus Amendments Page 5 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 4. Exceptions: Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are classified as Residential Use Group Living or Medical Center uses. Chapter 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards Table 18.110.2 Use Table s+e Ca ;off RA m el 3 1 A es- Residential Use Cat go ' 4, 1n " jr:7: esidential Use A A A A A A A A INr/ A A A A A A A A 6] Limited to the first storvground floor level of apartment developments and maximum square footage of 10 percent of the building. 18.110.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential household living or group living uUse. Table 18.110.3 Housing T ypes RHopesR12 Or- 1 ,.- t u s` Accesso Dwellin• Units 18.220 Y Y Y Y Y Y N N Cotta:e Clusters 18.240 YN Y Y Y Y N N Mobile Home Parks 18.260 N N 1E1111111' Y Y Y Y Sin:le Detached Houses 18.290 Y YY Y Y Y NN ttt ;: Accesso Dwellin l Units 18.220 Y Y Y Y Y Y N N A.artments 18.230 N N NNN Y Y Y Cou and Units 18.250YN Y Y Y Y N N uads 18.270 Ue, Y Y NN Rowhouses 18.280 N N N N MEI' Y Y N Chapter18.120 COMMERCIAL ZONES 18.120.030 Land Use Standards Page 6 of 39OmnibusAmendments EXHIBIT A City Council Draft Proposed Code Amendment Table 18.120.1 Commercial Zone Use Standards MU- MTR Use Categories C-N C-C C-G C-P CBD MUE MUC-' MUC I and 1 and1] [1] 1 2 2 Residential Use Categories Group Living R R{ } R-[3} P A A A A A A f4 R R [3] R P A A A A A A Residential Use 3] 3,4] Motor Vehicle P P A/C P A/GP P P R R [14] P Sales/Rental 13] 7] 14] 3] Residential uses are allowed on or above the second storvfleer of a mixed-use development where the first storvg ou contains an allowed commercial use. 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential UseHousehold Living or Group Living uso. Table 18.120.2 Commercial Zone Housing Types Housing Types C-G ML'- MUE MUC-1' MUC MUE NIITR CBD 1 and 2 1 and 2 Vet,Mthed Dwellings Units Accessory Dwelling Units N N N Y L[1] L[1] L[1] 18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks(18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] 18.290) Accessory Dwelling Units N N N Y L[1] L[1] L[1] 18.220) Apartments(18.230) N Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads(18.270) N N N N N N Y Rowhouses(18.280)N Y L[5] Y L[3] L[3] Y Chapter 18.130 INDUSTRIAL ZONES 18.130.030 Land Use Standards Table 18.130.1 Industrial Zone Use Standards 1,se 4. o ,:- I-P I-L I-H tial ,' Ca ;-e1 , v" P p P Omnibus Amendments Page 7 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Table 18.130.1 Industrial Zone Use Standards Use Cate,ories I-P I-L I-H Residential Use 1 R R R Chapter 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type u; k . Residential Use Categories Group Living Residential Use p Household Living g Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS 18.210.030 Exceptions to Setback and Height Standards B. Exceptions to minimum setbacks. 4. Fireplaces and chimneys may project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 8. In the R 12 zone, bayBay windows and projections with floor area may project into a required interior side or street side setback by 1 foot provided the projections do not: 9. The front setback of the front facade of the primary structure may be reduced to the average of the respective setbacks on the abutting lots using the method in Section 18.40.070. Garage setbacks may not be reduced. Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of accessory dwelling units on lots with single detached houses to achieve the following: A. Increase the number of affordable dwellinghousing units; 18.220.050 Standards A. Number of dwelling units. Omnibus Amendments Page 8 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house.A second accessory dwelling unit must be attached to the primary dwelling unit. B. Size. 2. The square footage of each attached accessory dwelling units may not exceed the square footage of the primary dwelling unit. E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side, street side, or rear lot line. F. Parking. 1. In addition to the number of parking spaces required for the primary unit,a minimum of 1 off street h accessory dwelling unit. Lots within 2,500 feet of a right according to the standards of Section 18/110.090. Chapter 18.230 APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings.Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Apartment development is intended to achieve the following: A. Increase the number of affordable dwellingheusng units; 18.230.020 Applicability B. The standards of this chapter also apply to nonconforming apartment development in the R-1 through R-7 zones. In lieu of specific base zone standards, apartment development in these zones is subject to the R-12 zone standards. C14.Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. G. This chapter does not apply to apartment development in the MU-CBD and TMU zones.Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. 18.230.040 Development Standards Omnibus Amendments Page 9 of 39 EXHIBIT A City Council Draft Proposed Code Amendment C. Common open space. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common open space or a public street. 18.230.050 Design Standards A. Entrances. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street,outdoor common open space,or drive aisle that has a curb and path adjacent to the dwelling unit. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided belowin subparagraphs a through j. An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas, but must provide at least 2 different architectural features on all street-facing facades. c. Roof offsets or dormers. ii. One dormer for each top-storvfleef dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. e. Distinct base and top. The first storvguor is visually distinguished from the upper storiesfeers by including a belt course and at least one of the following: h. Balconies. Balconies are included on all upper storiesfloors that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-storygreund—fboor dwelling units with individual entrances include at least one of the following: j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: ii. A permanent architectural feature above all first-storvgfeim€141eper windows, such as an awning or series of awnings,that are at least as wide as each window,a maximum of 6 feet above the top of each window,and a minimum of 3 feet in depth.The architectural feature may project into the minimum front setback. Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose Omnibus Amendments Page 10 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Cottage clusters are groups of four to twelve detached dwellingheutsing units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: A. Increase the number of affordable dwellingheg units; E. Facilitate more efficient use of land through smaller dwellingheesg units. 18.240.050 Development Standards A. Density. The required density of a cottage cluster development is determined according to the following: 1. A cottage cluster development must contain a minimum of 4 dwelling units and a maximum of 12 dwelling units; and 2. One eettagedwellini unit is required for every 2,500 square feet of lot area. Any designated sensitive lands on the lot are included in the lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 4. Get geDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Location of dwelling units. 1. The cottagcdwelling units must be arranged around the required common courtyard. 2. A minimum of two dwellingcottago units in each development must be within 20 feet of a street property line. F. Configuration of dwelling units.All dwelling units must be detached, with a minimum separation of 3 feet. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each cottagedwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each cottagcdwelling unit. 3. Location. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas,parking structures,and dwellingcottagc units on the site.This area must meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Omnibus Amendments Page 11 of 39 EXHIBIT A City Council Draft Proposed Code Amendment H. Pedestrian access. An accessible path must be provided that connects the main entrance of each dwellingge unit to the following: 18.240.060 Design Standards A. Floor area. 1. The maximum floor area of a singleene-story settagedwellinr unit is 1,000 square feet. 2. The maximum floor area of a multi-story settagedwelling unit is 1,200 square feet. 3. The average floor area of all cottagodwelling units in a development must not exceed 1,100 square feet. B. Height. The maximum height of cottagcdwelling units is 25 feet. C. Entrances. A minimum of 75 percent of the settagedwelling units in a development must have their main entrances face the required common courtyard. CottagcDwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard.(Ord. 18-23 §2) Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose Courtyard units are groups of five to twelve attached dwellingheusing units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: A. Increase the number of affordable dwellinghettsg units; E. Facilitate more efficient use of land through smaller dwellinghettsing units. 18.250.040 General Provisions All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot.This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types.A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1; Ord. 18-23 §2) 18.250.050 Development Standards A. Density.The required density of a courtyard unit development is determined according to the following: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. Omnibus Amendments Page 12 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. One dwellingcourtyard unit is required for every 2,000 square feet of gross lot area.Any designated sensitive lands on the lot are included in the gross lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 3. dwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Configuration of dwelling units. EetAyarelDwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwellingcourtyard units must be arranged around the common courtyard. If dwellings units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Courtyard Unit Configurations and Locations of Dwelling Units G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwellingco unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each dwellingcerd unit. 3. Location. c. All parking areas, including parking structures,must be separated by a minimum of 10 feet on all sides from all other parking areas, parking structures, and dwelling courtyard units on the site. This area must meet the L-2 standard,as provided in Table 18.420.1, except that trees are not required. d. Parking may be provided under the first story of the courtyarddwelling units,provided that this parking is accessed from the rear of the building and is not visible from the street. H. Pedestrian access. An accessible path must be provided that connects the main entrance of each courtyarddwellinn unit to the following: 18.250.060 Courtyard Unit Design Standards A. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 1,000 square feet. Omnibus Amendments Page 13 of 39 EXHIBIT A City Council Draft Proposed Code Amendment C. Entrances. A minimum of 75 percent of the esuftyaffddwelling units in a development must have their main entrances face the required common courtyard.f Dwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. Chapter 18.260 MOBILE HOME PARKS 18.260.010 Purpose The purpose of this chapter is to establish standards for the placement of mobile homes in mobile home park developments. 18.260.040 Mobile Home Park Standards A. Minimum development standards. Mobile home park development must meet the following minimum development standards: 6. Sixty square feet of outdoor recreation area, suitably improved for recreational use,provided for each dwelling unit in addition to required setbacks. Each recreation area must be a minimum size of 2,500 square feet; B. Other standards. 3. Each dwelling unit must be served with a water, sewer, and electrical connection. The electrical connection must provide for 110 and 220-volt service. 10. The wheels,tongue, and traveling lights of each mobile home in a mobile home park er u' sion=-must be removed upon installation of the dwelling unit. 13. Primary access to the mobile home park must be from a public street and comply with Chapter 18.920,Access, Egress, and Circulation; and b. Access driveways connecting units to a public street must be at least 36 feet, of which at least 20 feet must be paved; and c. Driveways must be designed to provide for all maneuvering and parking of units without encroaching on a public street. Chapter 18.270 QUADS 18.270.010 Purpose Quads are a type of attached housin . :. . .with two dwelling units side-by-side on the first story a ground floor and two dwelling units side-by-side on thea second st r €leef. The dwelling units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Quad development is intended to achieve the following: A. Increase the number of affordable dwellingheusg units; Omnibus Amendments Page 14 of 39 EXHIBIT A City Council Draft Proposed Code Amendment D. Allow development of attached u' housing that is similar in size and form to single detached housesheasing; F. Facilitate more efficient use of land through smaller dwellingheusing units. 18.270.050 Development Standards A. Number of dwelling units. A quad development must contain four dwelling units. Two dwelling units must be wholly contained within a greuedfrst story. Two dwelling units must be wholly contained within a second story. B. Density. Minimum and maximum densities are determined by the required number of dwelling units and the lot size standards of Table 18.270.1. Table 18.270.1 Development Standards for Quads Standard I1-1,1-2,and R-4 S R1 R-12 18.270.060 Design Standards D. Exterior staircases. Exterior staircases to the second storyfleef of a quad are prohibited. Chapter 18.280 ROWHOUSES 18.280.010 Purpose Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Rowhouse development is intended to achieve the following: A. Increase the number of affordable dwellinghettsing units; E. Facilitate more efficient use of land through smaller dwellinglieusing units. 18.280.020 Applicability B. The standards of this chapter also apply to nonconforming rowhouse development in the R-1 through R-4.5 zones. In lieu of specific base zone standards,rowhouse development in these zones is subject to the R-7 zone standards. CWRowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. DE. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones.Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660,Tigard Triangle Plan District,respectively. Omnibus Amendments Page 15 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.280.050 Development Standards A. Number of dwelling units.A rowhouse development must contain at least two dwelling units. There is no maximum number of dwelling units,except that in the R-7 zone,the maximum number of dwelling units per grouping is 5. E. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E.The following additional standards also apply: 2. Access.Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access, or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access,Egress, and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide, the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 fewheusedwelling units,except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. b. Shared access. If access for all dwelling units in a rowhouse development is shared and off- street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each rewheusedwelling unit,the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. c. Alley access. If access is taken from an alley,the following standards apply: i. A maximum of one access is allowed for each rewheusedwelling unit. F. Pedestrian access. Rowhouse developments of 5 or more dwelling units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: Table 18.280.1 Development Standards for Row houses 1] This standard does not apply to a common wall lot line where the dwelling units are attached. 18.280.060 Design Standards B. IDwelling unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: G. Windows.A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door other than a garage door that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. (Ord. 18-28 §1) Omnibus Amendments Page 16 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.290 SINGLE DETACHED HOUSES 18.290.030 Development Standards 1] Development standards for single detached houses and allowed accessory uses and structures in the R-25 zone apply only to lots with existing nonconforming development. New construction of single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. 18.290.040 Design Standards A. Entrances. The main entrance to a single detached house must meet the following standards: Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS 18.320.050 Design Standards B. Windows. Buildings or tenant spaces designed for first-storygnaumE1410er use by Eating and Drinking Establishments, Sales-Oriented Retail,Repair-Oriented Retail,Personal Services,and Office uses must include a minimum of 50 percent window area on all first-story street-facing facades. 18.320.060 Additional Standards for C-N,C-C,and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all first- s 9agr-eutid-fleef-facades and a minimum of 30 percent of window area on all upper-story-€leer facades, except that residential uses on upper stories €leers must provide a minimum of 15 percent of window area. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 2. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the first-storvgretwid-fleer facade area.First-storyGreund-fleer facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS 18.330.040 Development Standards Omnibus Amendments Page 17 of 39 EXHIBIT A City Council Draft Proposed Code Amendment B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. 1. The minimum landscape area standard is provided in Table 18.330.1. Landscaping standards are provided in Section 18.420.040. Any landscape area that meetsplanted--to the L-2 standard may count toward meeting the minimum area standard. Chapter 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS 18.350.050 Design Standards C. Facade design.All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade. Different features may be used on different facades of the same building. 5. Distinct base and top. The first storvground floor is visually distinguished from the upper storiesfloors by including a belt course and at least one of the following: 7. Enhanced entrances or awnings. b. A permanent architectural feature is provided above all first-storyground floor windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.060 Parking Structure Design Standards A. First-storyGretifid-fleor windows and wall openings. All parking structures must provide floor windows or wall openings along street frontages. Blank walls are prohibited. All street-facing acadesAny wall facing the street must include contain windows, doors, or display areas equal to at least-on a minimum of 20 percent of the first-story facade area ground floor wall arca facing the street excluding those portions of the facadeface devoted to vehicular accessdriveway entrances and exita, stairwells,elevators,and centralized payment booths. Required windows must have a sill no more than 4 feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than 2 feet above finished floor wall up to a maximum sill height of 6 feet above grade. Chapter 18.435 SIGNS 18.435.090 Special Condition Signs E. Awning signs. 3. The standards for awning signs in all other zones are provided below. Omnibus Amendments Page 18 of 39 EXHIBIT A City Council Draft Proposed Code Amendment a. The copy on awning signs may not extend above the upper surfaces of the awning structure, provided it does not extend above the roof of the associated building. They may be hung below the awning if the sign clears the sidewalk by at least 8.5 feet; 18.435.130 Base Zone Regulations B. C-G and MUE zones. Signs other than the following are prohibited in the C-G and MUE zones: G. MU-CBD and TMU zones. The following signs are allowed in the TMU zone and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign standards in Subsection 18.435.130.B. 4. Projecting signs, including awning signs. b. A building may have the following additional projecting signs: ii. A building may have one or more additional projecting signs where the signs are perpendicular to the building face,less than 4.5 square feet in size per sign face,and located less than 10 feet from sidewalk grade as measured from the top of sign. The number of additional signs may not exceed the number of first-storvgfetrfiel-41oor tenant spaces in the building. 5. Pedestrian-oriented roof signs. b. The maximum number of signs allowed is equal to the number of first-storygr-veer tenant spaces in the building. 6. A-frame signs. a. The maximum number of A-frame signs allowed is equal to the number of first-storygreund beef tenant spaces in the building or the equivalent of one sign for every 30 linear feet of street- facing building facade, whichever is greater. H. Mixed-use zones except MU-CBD and TMU zones. Sign standards for the MUE, MUE-1, MUE-2, MUC, MUC-1, and MUR zones are located in their respective plan districts in Chapter 18.620, Bridgeport Village Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. Chapter 18.440 TEMPORARY USES 18.440.020 Applicability C. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 5. Seasonal and special events located entirely within the PR zone,ef-public right-of-way, or city owned property provided the use has received a special event permit pursuant to Tigard Omnibus Amendments Page 19 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Municipal Code Chapter 7.48'• • ' ' 18.440.030 Types of Temporary Uses B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire, windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unitresidence on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwellingheg unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city.This includes the use of one dwellingunit in a subdivision as a"model home"for purposes of showing prospective buyers. 18.440.050 Approval Criteria C. Temporary sales office or model home.The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 2. Model home. b. The property to be used for a model house must be a permanently designed dwelling unitstfusture. Chapter 18.510 SENSITIVE LANDS 18.510.010 Purpose G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The special flood hazard area or 1996 flood inundation line,whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S.Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map." 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map". Omnibus Amendments Page 20 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.510.020 Applicability B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within drainageways, slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River,as defined in Section 18.510.080. 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material;except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 18.510.040 General Provisions for Special Flood Hazard Areas R. Definitions. The following definitions are only applicable to this chaptersection: Omnibus Amendments Page 21 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.510 SIGNIFICANT TREE GROVES Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Detached Sq.Ft. Attached Sq.Ft.Duplex Multifamily Residential Percent Tree Grove Percent Tree Grove Percent Tree Grove 'Percent Tree Zone Canopy Preserved Canopy Canopy Grove Canopy Min.Lot or Unit Preserved/Min. Lot Preserved/Min. Lot }Preserved/Min. Area or Unit Area or Unit Area Unit Area R-1 25-49%/22,500 sq ft 30,000 sq ft 50-748%/15,000 sq Not Allowed Not Allowed Not Allowed per unit)ft 75-100%/7,500 sq ft R-2 25-49%/15,000 sq ft Allowed with 75%or 20,000 sq ft 50-7458%/10,000 sq greater tree grove per unit)ft canopy Not Allowed Not Allowed 75-100%/5,000 sq ft preservation/5,000 sq ft R-3.5 25-49%/7,500 sq ft Allowed with 75%or Allowed with 75%or 10,000 sq ft 50-74520%/5,000 sq ft greater tree grove greater tree grove Not Allowed per unit)75-100%/2,500 sq ft canopy preservation canopy preservation 2,500 sq ft 5,000 sq ft R-4.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75%or 7,500 sq ft 50-7424%/3,750 sq ft greater tree grove greater tree grove per unit)75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft R-7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75%or 5,000 sq ft 50-7428%/2,500 sq ft greater tree grove greater tree grove Not Allowed per unit)75-100%/1,250 sq ft canopy preservation canopy preservation 1,250 sq ft 2,500 sq ft R-12 Apartment and single detached house transfer allowed at the following densities: 3,050 sq ft 25-49%tree grove canopy preservation/2,288 sq ft/unit per unit)50-7428%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit R-25 Apartment and single detached house transfer allowed at the following densities: 1,480 sq ft 25-49%tree grove canopy preservation/1,110 sq ft/unit per unit)50-74520%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit R-40 Apartments and single detached housesiig-allowed with no upper density limit. None) Omnibus Amendments Page 22 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT 18.620.070 Design Standards D. Building design standards. Nonresidential buildings must comply with the standards below. Residential-only and mixed-use buildings where at least 50.1 percent of the floor area of the building is residential must comply with Section 18.620.080. 1. First-storyeo-eund loor windows. All Sstreet-facing facadeselevatiens within the required building setback(0 10 feet)along public streets must include windows, doors, or display areas on a minimum of 50 percent of the first-story facade area ground floor wall area with windows, The first-story facade ground eer-wall-area is measured from 3 feet above grade to 9 feet above grade the entire IengthvAdtlt of the street-facing facadeelevation. doorway openings to ground level. Up to 50 percent of the first-storvffetmd—fleer window requirement may be met on an adjoining facadeelevation provided all of the requirement is located at a building corner. 18.620.080 Design Compatibility Standards A. Front facades. All primary first-story_ground floor common entrances or individual +mit-entrances of street-facing frontage dwelling units must be oriented to the street, not to the interior or to a parking lot. The front facadeien of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays, dormer windows, and roof pediments are encouraged for street-facing structures facing a street to create visual interest. C. Unit definition. Each dwelling unit must be emphasized by including a roof dormer or bay windows on the street-facing facadeelevation, or by providing a roof gable or porch that faces the street. First- storvGround level dwelling units must include porches that are at least 48 square feet in area with no dimension less than 6 feet. E. Trim detail.Trim must be used to mark all building roof lines,porches,windows=and doors that are on a primary structure's street-facing facadeselevetieus. Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict B. Standards. Conditional uses within the administrative subdistrict are subject to the following: 2. First-storyGround-€leer windows. All street-facing facadeselcvations along public streets must include windows on a minimum of 50 percent of the first-story facade area with windows or glazed doorway openings. The first-story facadeground floor wall area is measured from 3 feet above grade to 9 feet above grade the entire lengthwidlth of the street-facing facade n. Glazing covered with applied window film will not be considered in the calculation to meet this standard. Omnibus Amendments Page 23 of 39 EXHIBIT A City Council Draft Proposed Code Amendment Chapter 18.640 RIVER TERRACE PLAN DISTRICT 18.640.070 Planned Developments E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. 5. Garages and carports. These standards are intended to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings. An illustration of garage door width is shown in Figure 18.640.6. b. Garage door width. The width of a garage door is the width of the opening as measured from inside the garage door frame. i. A dwelling unit is allowed one 12-foot-wide garage door, regardless of the total width of the street-facing facade. ii. A dwelling unit may have a garage door wider than 12 feet provided that it does not exceed 40 percent of the total width of the street-facing facade on which the garage door is located. 18.640.100 On-Street Parking B. Quantity standards.All single detached house development described in Subsection 18.640.100.A must provide the following number of on-street parking spaces: 1. For a dwelling unit with one off-street parking space, a minimum of 2 on-street parking spaces must be provided. 2. For a dwelling unit with two off-street parking spaces, a minimum of 1 on-street parking space must be provided. 3. For dwellings units with more than two off-street parking spaces,a minimum of 1 on-street parking space must be provided for every two lots with more than two off-street parking spaces that are adjacent to each other. Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT 18.650.010 Purpose B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor.The purpose of this sub-area is to create a pulse-point along the Highway 99W corridor. Located at the intersection of 99W and Hall Boulevard,the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation,while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from Omnibus Amendments Page 24 of 39 EXHIBIT A City Council Draft Proposed Code Amendment sing/e4—story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 3. Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins Street.Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter, and on the official zoning map. 2. Pre-existing uses and development. Pre-existing laftssi uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following: 18.650.050 Development Standards B. Parking. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center Street sub-area except that any apartments must provide a minimum of 1 parking space per unit. Figure 18.650.1 Parking Location 00,9 0 O.0 0 0+-0.0 0:0 00 0 00:0 O 0.0.0 0 0-0.0.010:010:00_00 01020.0 I 0 0 0 1 0 0 e I o 0 0 0 o Fix Figure to read: i I s D- S-4 Standard R ! F- See Chapter 18.420 for...a o pmilgoIBuitdinB0 I o i I 0 I I 0 I o Q 0 Parking on the side Omar of buildings 1-1 landscape standard Max.5016 of site frontage landscanot regdra l along shared prop.line Mks.10'setback pe See CR18.74S for screening and landscaping regokenwnts 18.650.060 Design Standards A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. Omnibus Amendments Page 25 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first-story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street- Center Street sub-area, at least 50 percent of the first-story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. A)At least 1 entrance is required for each business with a firststory street-facing building elevation€reetage. C) All primary firststory common entrances must be oriented to the street or a public space directly facing the street,not to the interior or to a parking lot. ii. Residential buildings. B)All street-facing building elevations must include atm primary firststory common entrances of to apartment developmentbeildifigs and individual unit entrances toe€ rowhouses development that are f ont the street must be oriented to the street or public right-of-way, not to the interior or to a parking lot. c. Windows. Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. A)The minimum window area of firststory street-facing facades is 60 percent. B) First-story windows must have a visible transmittance(VT) of 0.6 or higher,with the exception of medical and dental offices,which may have tinted windows. ii. Residential buildings. The minimum window area of firststory street-facing facades is 30 percent. iii. Upper storv#1eef windows for all buildings. B. Cohesive architectural facade standards. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first storvground#leer of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing first storvground floor of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose Omnibus Amendments Page 26 of 39 EXHIBIT A City Council Draft Proposed Code Amendment of this standard,an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster,post, or vertical wall area. C. Integrated building facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-storyground floor activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component.Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade:a base(extends from the sidewalk to the bottom of the second story or the belt course that separates the first storygFeund-fleer from the middle of the building); a middle (distinguished from the top and base of the building by use of building elements); and a top (roof form or element at the uppermost portion of the facade that visually terminates the facade). F. OutdoorOpetz space 1. Purpose. Assure adequate public, private, and shared outdoor space. 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. i. Developments}sites areas greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet. ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with four or more dwelling units i. Private outdoor space. For all residential only buildings and mixed use buildings with 4 - • '. . •. , : ' . - ..• - .: -,such as a private porch,a-deck,a-balcony, a-patio,an-atrium, or other private outdoor space,must be provided. A)An average of 28 square feet of private outdoorepeft space must be provided per dwelling unit in a development. B) In order to be counted toward the private outdoorepen space standarduvcrago, the private outdoorepevt space provided to each dwelling unit must be a minimum of 32 square feet,with a minimum depth of 4 feet. C) The private outdoorepen space provided must be contiguous with the dwelling unit. D)Balconies used for entrances or exits are not considered as private outdoor open space except where such exits or entrances are for the sole use of the dwelling unit. Omnibus Amendments Page 27 of 39 EXHIBIT A City Council Draft Proposed Code Amendment ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: for mixed use buildings with residential units and apartment courtyards, roof decks, gardens,play areas, outdoor recreation facilities, indoor recreation rooms, or similar spaces)Shared outdoor space must be a minimum of that is equal to or greater than 10 percent of the development site, except as follows: A)Up to 50 percent of the shared outdoorepen space standard may be met by providing additional private outdoorepen space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. B) A shared outdoorepen space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. C) Credit for up to 100 percent of the shared outdoorepen space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. 2. A minimum of 100 square feet of private outdoorepert space such as a private porch,yard,a deck, a-balcony,a-patio, or other private outdoor space private arca is required per dwelling unit. 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan, which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district:: • : • • t: . _ __ . .. •-- . _ . The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development.The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor,the applicant must comply with the following: 2. For all other develo ments.. .•- the applicant must comply with the following: 18.650.100 Specific Adjustments D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 2. Approval cGriteria. To qualify for a density or height bonus, a development must meet the following: Omnibus Amendments Page 28 of 39 EXHIBIT A City Council Draft Proposed Code Amendment a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the dwelling units are affordable. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.100.D.1, except as housing that meets that standard,for the life of the development. Table 18.650.2 Density Bonuses Affordable Dwelling Units Based oa Density moansMaximum ` a>. 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT 18.660.040 Review Process C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards. The provisions of Chapter 18.770, Planned Developments, do not apply to properties in the TMU zone. 4. Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. a. An adjustment application may contain multiple adjustment requests. An adjustment may be requested for any standard in this chapter unless specifically prohibited by this chapter. An adjustment may not be requested to change or eliminate a required review process. The I_ . An adjustment request for a standard outside of this chapter is subject to the provision of Chapter 18.715,Adjustments. 18.660.050 Pre-Existing Development and Approvals D. Sites with pre-existing development. 4. Pre-existing buildings that do not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may continue and be modified subject to the standards in Table 18.660.2. Applicable standards only apply to the proposed modification and not to the non-modified portion of the existing building. Modifications that expand a building may be vertical (e.g. second story addition), horizontal(e.g. arst-sto expansion), or both(e.g. 2-story addition). Omnibus Amendments Page 29 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.660.080 Building Design Standards B. Building height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.660.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.30,Definitions,are not considered stories for purposes of meeting this standard. The height standard for each type of story is provided in Table 18.660.7.Vertical building projections not used for human habitation such as chimneys, flag poles, and elevator shaft housings are exempt from the building height standards of this chapter, expect for wireless communication facilities, which are subject to the standards in Chapter 18.450, Wireless Communication Facilities. Table 18.660.7 Height by Type of Store Type of Story Height Gr-etififIFirst story 12 feet(min.)and 25 feet(max.) Middle stories 14 feet(max.) Top story 18 feet(max.) E. Building facade windows. Building facade windows are required as follows: Table 18.660.8 Minimum Window Area Type of Story and Use Minimum Window Area GiroundFirst Story: Mixed-Use and Nonresidential 50%of facade Upper Stories: Mixed-Use and Nonresidential 30% of facade GfeuftelFirst Story: Residential Only 30% of facade Upper Stories:Residential Only(Does not apply to stories with sloped 15% of facade roofs or dormers) Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability B. Conflicting standards.The following standards apply to all nonresidential and mixed-use development located within the Washington Square Regional Center Plan District within the MUC,MUE=and MUR zones. The standards and requirement in this chapter govern in the event of a conflict. 18.670.050 Pre-Existing Uses and Developments Pre-existing dwellinuiheusg units in mixed-use zones are allowed. Conversion of pre-existing dwellin2hettsing units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section 18.50.040, pre-existing land uses and associated development that were lawfully in existence at the effective date of the Washington Square Regional Center Plan District are treated as lawful or approved uses and developments. 18.670.070 Site Design Standards B. Building placement on arterials and collectors. Omnibus Amendments Page 30 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and first-story ground floor uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. 18.670.080 Building Design Standards B. First-storyGround floor windows. 1. Purpose. Blank walls along the street frontage tend to be neglected and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from first-storyground deer windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing facadescicvation;, within the required building setback (0 to 10 feet) along public streets must include windows, doors, or display areas on a minimum of 50 percent of the first-story facade area round floor wall area with windows, display areas, or doorway openings. The first-story facadeground floor wall area is measured from 3 feet above grade to 9 feet above grade the entire lengthwidth of the street-facing facade. The ground floor to ground level. Up to 50 percent of the first-storfground floor window requirement may be met on an adjoining facadeelevatien provided the entire requirement is located at a building corner. Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.030 General Provisions B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications,planned development review,sensitive lands review(Type II and III),site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 18.710.120 Special Procedures C. Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwellinz units; 2. At least 50 percent of the dwellinK e„ units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County, or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant, prior to the issuance of a certificate of occupancy, that prohibits the sale or rental of any affordable dwellinK esiie•1 Omnibus Amendments Page 31 of 39 EXHIBIT A City Council Draft Proposed Code Amendment unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. Chapter 18.715 ADJUSTMENTS 18.715.040 Approval Process An adjustment ^stmentapplications aro is processed through a Type II procedure as provided in Section 18.710.060. (Ord. 18-28 §1) 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities;or b. Addresses a site constraint or unusual situation; or c. Utilizes innovative design or results in sustainable development. 2. If more than one adjustment is proposed, the cumulative effect of the adjustments results in area and the overall purpose of the base zone; 3. The proposcd adjustment utilizes innovative design, results in sustainable development, or 24. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and 4. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone. 5. Any impacts from the proposed adjustment arc mitigated to the extent practicable. Chapter 18.720 ANNEXATIONS 18.720.020 Approval Process Omnibus Amendments Page 32 of 39 EXHIBIT A City Council Draft Proposed Code Amendment A. A Qquasi judicial annexation applications are is processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. A blegislative annexation application-s-are is processed through the Legislative procedure,as provided in Section 18.710.110. Chapter 18.730 DIRECTOR DETERMINATIONS 18.730.040 Approval Process Applications for a A Director determination application isare processed through a Type I procedure, as provided in Section 18.710.050. Chapter 18.740 a = Aag.' 4.. CONDITIONAL USES 18.740.050 Approval Criteria G. Adequate public facilities are available to serve the proposed development or use at the time of occupancy. Chapter 18.760 HOME OCCUPATIONS 18.760.020 Applicability B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 3. HemeFamily day care uses; 5. Legal nonconforming home occupations as provided in Section 18.760.0900-8. 18.760.030 Approval Process A. Type I home occupations. A Type I home occupation application-are is processed through a Type I procedure, as provided in Section 18.710.050. B. Type II home occupation permit. A Type II home occupation application-are/1 processed through a Type II procedure, as provided in Section 18.710.060 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060958. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or Page 33 of 39OmnibusAmendments EXHIBIT A City Council Draft Proposed Code Amendment 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire,health, and housing codes. F. A dwelling unit may have more than one home occupation,provided that the combined floor areaspacc used for the home occupations does not exceed the square footage limitation imposed in SubsectionParagraph 18.760.040.DA 4. Each home occupation must apply for a separate home occupation permit, if required by this chapter. Chapter 18.770 PLANNED DEVELOPMENTS 18.770.070 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the consolidated or concept plan proposal is consistent with the purpose of this chapter as embodied by the approval criteria listed in Subsections 18.770.060.A and B. Conditions may include but are not limited to the following: H. Requiring pedestrian-oriented design features such as building awnings, first-storvgre loor windows and entries,or street-facing facades; Chapter 18.790 TEXT AND MAP AMENDMENTS 18.790.020 Legislative Amendments A. Approval process. A Llegislative amendments application isetre processed through a Legislative procedure, as provided in Section 18.710.110. B. Approval considerations.A recommendation or a decision for a legislative amendment applicationmay be based on consideration of the applicable legal requirements. They may, but do not necessarily include:Oregon Revised Statues,Oregon Administrative Rules,one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.790.030 Quasi-Judicial Amendments A. Approval process. 1. A Qguasi judicial zoning map amendments application that does not require a comprehensive plan map amendment areis processed through a Type III-PC procedure, as provided in Section 18.710.070. 2. A Qguasi judicial comprehensive plan map amendments application isare processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. 3. A Qguasi judicial zoning map amendments application that requires a comprehensive map plan amendment areis processed through a Type III-Modified procedure, as provided in Section Omnibus Amendments Page 34 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. Chapter 18.810 LOT LINE ADJUSTMENTS AND CONSOLIDATIONS 18.810.020 Approval Process A. Approval process. AApplications for lot line adjustments and-let consolidations application is are processed through a Type I procedure, as provided in Section 18.710.050. 18.810.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: 1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size. 2. The reconfiuredproposed lots and existing structures comply with all applicable development standards. 3. The reconfigutepesed lots comply with the following: a. AllEach lots intended for residential development musthousing meet the density standardrequirements for the housing type proposed. exceptions: de. Each lot intended for quad,rowhouse, or single detached house development is 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 aft existing natural features or lot linessliepe. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. e€. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: f . All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. gl}. Lots using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This Omnibus Amendments Page 35 of 39 EXHIBIT A City Council Draft Proposed Code Amendment deed restriction cannot be removed except through another land division or lot line adjustment process. Chapter 18.820 LAND PARTITIONS 18.820.030 Approval Process A. Approval process. AApplications for land partition application isafe processed through a Type II procedure, as provided in Section 18.710.060. 18.820.040 Approval Criteria The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: C. A1IThe proposed improvements meet city and applicable agency standards; D. AllThe proposed lots comply with the following: 1. A44Each lots created for residential development must uses meet the density standard events for the housing type proposed. a. The lot is less than 1.5 times the minimum lot size, or 46-. Each lot for tuad, rowhouse, or single detached house development is 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 an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. 56. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 61. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 7S. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the partition application.This deed restriction cannot be removed except through another land division process. Chapter 18.830 SUBDIVISIONS 18.830.020 General Provisions Omnibus Amendments Page 36 of 39 EXHIBIT A City Council Draft Proposed Code Amendment A. Approval through two-step process. Au application for a subdivision application is processed through a two-step process: the preliminary plat and the final plat. 18.830.030 Approval Process A. Approval process. Applications for a preliminary plat application isfor subdivision are processed through a Type II procedure, as provided in Section 18.710.060. An application for subdivision may also be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770, Planned Developments. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable regulations; 2. A44The proposed lots must comply with the following: development. bs. Each lot for quad, rowhouse, or single detached house development is 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 an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. cd. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: de. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. 18.830.050 Zero Lot Line Development B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 1. There must be a 10-foot separation between each fesidefttifil dwelling unit or garage; Chapter 18.310 IMPROVEMENT STANDARDS 18.910.030 Streets Omnibus Amendments Page 37 of 39 EXHIBIT A City Council Draft Proposed Code Amendment A. Improvements. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards.In evaluating the impact on the public interest,the approval authority shall consider the criteria listed in Paragraph 18.910.030.E.4-:An adjustment to the standards may not be granted if the adjustment would risk public safety. Chapter 18.920 ACCESS,EGRESS,AND CIRCULATION 18.920.030 General Provisions E. Surfacink. Driveways and drive aisles must be paved with a dust-free, hard-surfaced material, or utilize a turf Prid or open joint pavers. FE.Curb cuts.Curb cuts must be in compliance with Subsection 18.910.030.0. G .Pedestrian access. Paths for pedestrian access and circulation are required to,through, and sometimes between development sites.Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off-Street Parking and Loading. Additional standards may also apply if the site is located in a plan district. HG. Inadequate or hazardous access. D . Access management. I1. Minimum access requirements for residential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Minimum Number of Minimum Access Minimum Pavement 4 Driveways Required Width 18-99 1 30 ft 24 ft curbs required 2 30 ft 24 ft curbs required 100+ 1 50 ft 40 ft curbs required Omnibus Amendments Page 38 of 39 EXHIBIT A City Council Draft Proposed Code Amendment 2. Vehicular access to apartment structures must be within 50 feet of the first-storvground floor entrance or the first-storvgrou landing of a stairway, ramp, or elevator leading to the dwelling units. KJ. Minimum access requirements for nonresidential uses. 2. Vehicular access must be provided to nonresidentialcommorcial or industrial uses, and be located within 50 feet of the primary first-story entrances; L&.One-way vehicular access points.Where a proposed parking facility indicates only one-way traffic flow on the site, it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. Mb. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: Omnibus Amendments Page 39 of 39 EXHIBIT B Hearing Date: January 7,2020 Time:6:30 PM PLANNING COMMISSION RECOMMENDATION 17/4 e I TO THE CITY COUNCIL s FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: 2019 OMNIBUS TEXT AMENDMENTS CASE NO.: Development Code Amendment (DCA) DCA2019-00002 PROPOSAL: The City of Tigard proposes text amendments to the Tigard Development Code (TDC). The text amendments include the following: 1. Streamline the current residential use categories into a single category; 2. Update housing regulations to comply with state requirements (House Bill 2001); 3. Revise lot standards in the land division chapters; and 4. Clean up minor inconsistencies and ommissions. The proposed text and map amendments for the Planning Commission's review are included in Attachment 1 and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning); and 10 Housing); METRO's Urban Growth Management Functional Plan Titles 1 and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.3, 2.1.19, 10.1.1. and 10.1.2, and Tigard Development Code Chapters 18.710 and 18.790. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code text amendments Attachment 1) as further amended by staff and with any alterations as determined through the public hearing process. 2019 OMNIBUS I`EXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 1 OI'9 EXHIBIT B SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY In January of 2019, the City completed a comprehensive multi-year effort to modernize and streamline the development code to provide a document that is easier to read,understand, and navigate. Phase I of the code update project, completed in 2017, concentrated on smaller non-policy issues and code reorganization. Phases IIA and B on policy changes related to housing policy, commercial and industrial development standards, parking standards, small cell wireless facilities, streamlined and updated procedures for land use approvals, further reorganization, and non-policy changes to language. Since the adoption in January,minor deficiencieswereidentifiedthroughimplementationofthenewcode. This project is an effort to address these deficienciestoallowforbetterimplementation. The proposed amendments include streamlining the residential use categories into one category,ResidentialUse. The proposed use category now captures uses where the components of a dwelling unit are shared byresidents, such as assisted living or memory care facilities. Currently,it was unclear whether these types of uses were considered residential or nonresidential and what standards to apply to them. These uses will now be considered residential and the applicable housing type chapter will apply. The amendments also propose to allow cottage clusters, courtyard units, and quads in the R-1 and R-2 zones, and to remove the parking requirement for accessory dwelling units. This is a result of House Bill 2001 (HB 2001),which prohibits requirements for off-street parking for accessory dwelling units. HB 2001 also states that all cities with a population of 25,000 or more must allow middle housing types in all residential zones thatallowforsingledetachedhouses. The last change is to the land division chapters, Chapter 18.810, 18.820, and 18.830. These changes pertain to lot standards, specifically the lot width/depth standard and the rectilinear standard. The lot width and depth standard makes it burdensome for many existing lots that are narrow and deep,which were created in theCounty, to meet this criteria. The width/depth and the rectilinear standard also do not work well for nonresidential properties. Nonresidential lots can be different shapes and sizes unlike lots designed for residential uses, specifically for quads,rowhouses, and single detached houses. The text changes also include a number of small changes that add clarifying language, reword confusingpassages, and fix inadvertent oversights and omissions. Some of these include: change dwelling to dwellingunitandfloororleveltostory, update definitions for consistency, establish surfacing requirements fordriveways, and clarification of standards. Chapter 18.30 Definitions Revises the housing type definitions to be consistent with housing type chapters. Clarifies the definition of Story and Basement to be consistent with the building code. Removed definition for First Story and HalfStory. Chapter 18.40 Measurements Clarifies the measurement for building facade area. Chapter 18.60 Use Categories 2019 OMNIBUS TEXT AMENDMENTS DCA2019-000021/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 2 OF 9 EXHIBIT B Revises the residential use categories into one category,Residential Use category. This category now includes facilitites where the components of a dwelling unit are shared by residents, such as assisted living or memory care facilities. The use category was updated in all the base zone chapters. Chapter 18.120 Residential Zones Allows cottage clusters, courtyard units, and quads in the R-1 and R-2 zone. Chapter 18.210 Residential General Provisions Allows for the use of setback averaging using the method in Chapter 18.40, Measurements. Chapter 18.220 Accessory Dwelling Units Removes requirement for parking. Clarfies that lot coverage standards apply. Chapter 18.230 Apartments Addresses what standards apply to nonconforming apartment developments in the R-1 through R-7 zones. Chapter 18.410 Off-Street Parking and Loading Clarifies wording related to parking structures. Chapter 18.435 Signs Clarifies that awning signs can be attached to the top of the awning as long as they stay below the roof of the building. Signs in the MUE zone must meet the same standards as properties in the C-G zone. Chapter 18.440 Temporary Uses Clarifies that seasonal events taking place in the right-of-way and that have also received a special events permit are exempt from temporary use permits. Chapter 18.510 Sensitive Lands Adds significant tree groves to the list of sensitive lands. Chapter 18.660 Tigard Triangle Plan District Clarifies which of the adjustment types applies,Tigard Triangle or general adjustment. Chapter 18.715 Adjustments Modifies the approval criteria for adjustments. Chapter 18.810 Lot Line Adjustments and Consolidations 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 3 OF 9 EXHIBIT B Removes the lot width/depth standard and modifies the rectilinear standard to only apply to quads, rowhouse development, and single detached houses. Chapter 18.820 Land Partitions Removes the lot width/depth standard and modifies the rectilinear standard to only apply to quads, rowhouse development, and single detached houses. Chapter 18.830 Subdivisions Removes the lot width/depth standard and modifies the rectilinear standard to only apply to quads,rowhouse development, and single detached houses. Chapter 18.920 Access,Egress, and Circulation Adds standards for driveway surfacing. Changes to City Council Draft There were only minor changes from the Planning Commission draft and the proposed draft. The changes include: Addition of R-1 and R-2 zone in the development standards table, Table 18.270.1, in Chapter 18.270, Rowhouses, to provide development standards for rowhouses in the R-1 and R-2 zones; and Miscellaneous small changes including grammar and scrivener errors. SECTION IV.APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on November 7, 2019 to affected government agencies. Notice was mailed to persons on the latest version of the City's interested parties list on November 7, 2019. A notice was published in the Tigard Times newspaper on November 14, 2019. Public notice was published to the City website prior to the public hearings. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which, an opportunity for public input is provided. A draft of the proposed code changes will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 4 OF 9 EXHIBIT B This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The city conducted an analysis of housing needs and capacity in 2012 as part of an update to Chapter 10 of the Tigard Comprehensive Plan. This analysis found the capacity to build 6,714 units on 600 acres throughout the city. The analysis also found that 6,545 new units were needed by 2032. Once the types of needed housing were compared with the inventory of buildable lands, the capacity dropped to 6,457, a shortfall of 88 units. The proposed code changes do not decrease housing supply or capacity. They will allow for increased density in the R-1 and R-2 zones were cottage clusters, courtyard units, and quads will now be allowed. The city may only apply clear and objective standards to housing under Goal 10. These code changes include only clear and objective standards where applied to housing. CONCLUSION:Based on the findings above and the related findings below, staff fords the proposed map and text amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by increasing the housing capacity in Tigard. Allowing cottage clusters, courtyard units, and quads in the R-1 and R-2 zones will result in increased housing capacity. This tide is satisfied. Title 8 —Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CPI'Y COUNCIL PAGE 5 OF 9 EXHIBIT B amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on October 28, 2019. No comments were received. CONCLUSION:Based on the findings above, staff finds that the proposed map and amendments are consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: This policy has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110 (Legislative Procedure). Notices were sent by US Postal Service on November 7, 2019 to affected government agencies. Notice was mailed to persons on the latest version of the City's interested parties list on November 7, 2019. A notice was published in the Tigard Times newspaper on November 14, 2019. Public notice was published to the City website prior to the public hearings. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which, an opportunity for public input is provided. A draft of the proposed code changes will be made available to the public for review prior to hearings and adoption. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also address the requirement of HB 2001, as it related to accessory dwelling units and missing middle housing. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed text amendments are consistent with the Tigard Comprehensive Plan. This policy is satisfied. 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 6 OF 9 EXHIBIT B Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency wasinvitedtocommentontheproposal, as required by Section 18.710.110 (Legislative Procedure) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.19: The Planning Commission may at any time recommend to the City Council that it consider initiating legislative amendments to the Comprehensive Plan, Plan/Zoning Maps, and/orCommunityDevelopmentCode. FINDING: The recommendation of the Planning Commission regarding the proposed changes will be brought to the City Council for consideration of adoption. This policy is satisfied through the provisions of 18.710.110 (Legislative Procedure). This policy is stasified. Comprehensive Plan Goal 10: Housing Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. FINDING: The proposed text amendment will allow for development of cottage clusters, courtyard units, and quads in the R-1 and R-2 zones. This allows for a wider range of allowed housing types for present and future Tigard residents. This policy is satisfied. Policy 10.1.2: The City's land use program shall be consistent with applicable state and federal laws. FINDING: The proposed amendments will bring the development code into compliance with state laws. The proposed amendment addresses HB 2001. The proposed amendments include removal of off-street parkingrequirementsforaccessorydwellingunitsandallowforthedevelopmentofcottageclusters, courtyard units, and quads in all residential zones that allow signle detached houses. This policy is satisfied. CONCLUSION:Based on the findings above, staff concludes that the proposed map and text amendments are consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments Legislative amendments are processed through a Legislative procedure, as provided in Section18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendments will be reviewed under the Legislative Procedure as set forth in the CDC. This standard is met. Section 18.710: Decision Making Procedures 18.710.110 Type IV Procedure 2019 OMNIBUS TEXT AMENDMENTS DCA2019-000021/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 7 OF 9 EXHIBIT B Notice of hearing. 1. All Legislative applications require two hearings, one before the Planning Commission and one before the City Council. FINDING: This procedure requires public hearings by both the Planning Commission and City Council. The Planning Commission public hearing was conducted on December 2, 2019 and the City Council public hearing will be conducted on January 7, 2020. This standard is met. 2. A notice of hearing will be provided as required by state law, and an affidavit of mailing will be included in the record that identifies the mailing date and the names and addresses of the mailing recipients. FINDING: State law provides for two specific noticing requirements for legislative changes. The first is notice to the Department of Land Conservation and Development (DLCD) of a proposed Post Acknowledgement Plan Amendment at least 35 days prior to the first hearing. Notice meeting this requirement was provided to DLCD on October 28, 2019, 35 days prior to the first hearing. Notice to property owners who may be affected by proposed text amendments was not required under the provisions of Measure 56. This standard is met. CONCLUSION:Based on the findings above, staff concludes that the proposed map and text amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS TVF&R, METRO, ODOT, DLCD, DEQ, ODFW, CWS, OR Historic Preservation Office, TTSD, Comcast Cable, Frontier Communications, NW Natural, PGE, Tigard Water District, and Tri-Met were notified of the proposed code text amendments. The City did not receive any agency comments at the time this report was written. SECTION VI. PUBLIC COMMENTS No public comments have been received at the time of the staff report. 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 8 OF 9 EXHIBIT B ATTACHMENTS: 1. Text Amendments 2. Draft Planning Commission Minutes December 16,2019 PREPARED BY: Agnes Lindor DATE Associate Planner 1#111)9 December 16, 2019 APPROVED BY: Tom McGuire DATE Assistant Community Development Director 2019 OMNIBUS TEXT AMENDMENTS DCA2019-00002 1/7/2020 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL PAGE 9 OF 9 Attachment 1 Planning Commission Draft Proposed Code Amendment OMNIBUS AMENDMENTS Chapter 18.10 LEGAL FRAMEWORK 18.10.040 Consistency with Other Regulations B. Other regulations.All uses and development must comply with all other applicable regional, state, and federal regulations. 2. Notwithstanding any other provision of this title, the Director has the authority to make an interpretation of reasonable accommodations in the application of this title when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit to the extent required by federal or state law. In considering whether an accommodation is reasonable,the Director may consider whether the request puts an undue burden or expense on the city and whether the proposed use creates a fundamental alteration in this title. The Director may ask for,or the applicant may voluntarily submit,additional information based on the requested accommodation, to determine whether the request creates an undue burden or a fundamental alteration.The accommodation may result in a permitted or conditional waiver of any limitation of this title. Determinations of reasonable accommodation are made through a Director determination, as provided in Chapter 18.730, Director Determinations. 18.10.060 Special Designations C. Special areas. The following special areas are established in the city: 1. Special areas are shown on the following maps: c. Significant tree groves are shown on the"City of Tigard Significant Tree Grove Map,"adopted by reference. Significant tree groves are subject to voluntary regulations as provided in Chapter 18.520, Urban ForestrySignifcant Tree Groves. Chapter 18.30 DEFINITIONS 18.30.010 List of Terms D- Dwelling-Related Definitions: Dwelling Unit-See Dwelling-Related Definitions Dwelling Unit-Related Definitions: s- Story,First Story, Half 18.30.020 Definitions Omnibus Amendments Page I of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment B. "B"definitions. 1. "Basement" -Any floor level below the first story in a building that does not meet the definition of a story, except that a floor level in a building having only one floor level is classified as a D. "D" definitions. 14. Dwelling unit-related definitions: a. "Dwelling unit" - A structure or portion thereof that is used for human habitation including permanent provisions for sleeping, cooking, and sanitation. b. "Accessory dwelling unit"-An additional dwelling unit on a lot with a primary dwelling unit. cooking, and sanitation, An accessory dwelling unit may be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. i. "Quad" - A type of attached housin dwelling un;* consisting of two dwelling units on a first story,attached at a common sidewall, and two dwelling units on a second story,attached to the first story dwelling units at their common floor and ceiling. j. "Rowhouse" - A type of attached housing that shares dwelling unit that is attached at a common sidewall with one or more etherdwelling units, but excluding apartments, courtyard units, and quads. A rowhouse is not attached at a ceiling or floor to other dwelling units. R. "R"definitions. 4. "Residence"- See"dwelling unit." S. "S"definitions. 5. "Story"—See Oregon Residential Specialty Code.That portion of a building or structure included the topmost story is that portion of a building or structure included between the upper surface of or unused under floor space is more than six fcct above grade as defined in this scction for more than 50 percent of the total perimeter or is more than 12 fcet above grade as defined in this section 6. "Story,first" The lowest story in a building or structure that qualifies as a story,except that a floor floor level is not more than four feet below grade, as defined in this section, for more than 50 opposite exterior walls arc not more than two feet above the floor of such story. If the finished floor level directly above a basement or unused under floor space is not more than six feet above grade, Omnibus Amendments Page 2 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment considered as a half story. 68. "Structure" - Any object that is built or constructed, and located in or on the ground, or that is attached to something fixed to the ground. Structure includes buildings, decks, fences,towers, flag poles, signs, and other similar objects. Structure does not include paved areas or vegetative landscaping materials. N. "Subdivision" - Division of a unit of land into four or more units of land within a calendar year when such unit of land exists as a unit or contiguous units of land under a common ownership. The term"subdivision"also applies to an area of land that has been subdivided. 84.9. "Substantial improvement" - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: Chapter 18.40 MEASUREMENTS 18.40.050 Building Facade Area The area of a specific facade of a building is determined by adding the square footage of surface area of each section of wall visible from that perspective. For buildings with articulated facadesmorc than one wall along facade . _ . . _ .. - '. _ . t . ,all of the walls are included in the total area. The total area does not include any roof area. See Figure 18.40.9. Chapter 18.60 USE CATEGORIES 18.60.020 Classification of Uses A. Considerations. 2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses: b. Relative amount of site or floor areaspaee and equipment devoted to the activities; 18.60.040 Residential Use Catcgorics Category A. Characteristics: 1. Residential use is the occupancy of a dwelling unit by related or unrelated individuals. The maximum number of residents who may occupy any given dwelling unit is determined by the state building code. 2. Residential use also includes the occupancy of an institution or facility where the components of a dwelling unit are shared by residents. Omnibus Amendments Page 3 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 3. Residential occupancy is arranged on a month-to-month basis, at a minimum, or for longer periods of time. 4. Residential use may include any combination of care, training, or treatment. B. Accessory uses:Accessory uses may include parking, recreational and social facilities, dining halls, and home occupations. C. Examples: Examples include household living,group living, foster homes, dormitories, fraternities and sororities, monasteries and convents, nursing and convalescent homes, memory care facilities, group homes for disabled individuals, residential treatment programs, assisted living facilities, and progressive or continuing care facilities. D. Exceptions: 1. Does not include uses meeting the definition of Temporary Shelter, Commercial Lodging, Detention Facility, or Medical Center. 2. Does not include dormitories, fraternities, or sororities where accessory to College uses. A. Group Living. lodging (see the Commercial Lodging or Temporary Shelter use categories). Large Group Living facility. The maximum number of people who may reside in any given dwelling unit is determined by the state building code. 2. Accessory uses: Accessory uses commonly found are reel- rational facilities and parking. l. Exceptions: Commercial Lodging. Household Living. B. Household Living. Omnibus Amendments Page 4 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 1. Characteristics: Household Living is characterized-by-the residential occupancy of a dwelling unit by a household.Tenancy is arranged on a month to month basis,or for a longer period.Uses whore tenancy may be arranged for a shorter period are not considered residential.They are considered to be a form of transient lodging(see the Commercial Lodging or Temporary Shelter use categories). Apartment complexes that have accessory services- such as food service, dining rooms, and 2. Accessory Uses: Accessory uses commonly found are recreational activities, keeping of common contained dwelling units. Includes most types of senior housing, for example congregate care and assisted living, if residents live in self contained units. Exceptions:Does not include lodging where tenancy may be arranged for periods less than 1 month. Such uses are classified as either Commercial Lodging or Temporary Shelter.(Ord. 18 28 §1; Ord. a - 18.60.050 Civic Use Categories L. Temporary Shelter. 4. Exceptions: b. Does not include-residential uses meeting the definition of Residential Use or Group Living. 18.60.060 Commercial Use Categories D. Commercial Lodging. 4. Exceptions: Does not include uses meeting the definition of Residential UseGroup Living or Temporary Shelter. 18.60.080 Other Use Categories A. Agriculture/Horticulture. 1. Characteristics: Agricultural/Horticultural uses are open areas devoted to the raising, production, or keeping of plants or animals :-••: Sales of products grown on site may be included. 2. Accessory uses: Accessory uses include dwellings units for proprietors and animal training. C. Detention Facilities. Omnibus Amendments Page 5of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 4. Exceptions: Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by public safety personnel, are classified as Residential Use Group Living or Medical Center uses. Chapter 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards Table 18.110.2 Use Table Use Categories R-1 R-2 R-3,5 R-4.5 R-7 R-12 R-25 i R-40 ReSit—deAttat Gfelip-hivifigResidential Use A A A A A A A A Household Living A A A A A A A A 6] Limited to the first storvground floor level of apartment developments and maximum square footage of 10 percent of the building. 18.110.040 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential household living or group living uUse. Table 18.110.3 Housing Types 3HousingTypesR-1 R-2 5 4.5 R-7 R-12 i R-25 R-40 Detached Dwellings Units Accessory Dwelling Units(18.220) Y Y Y Y Y Y N N Cottage Clusters(18.240) YN YN Y Y Y Y N N Mobile Home Parks(18.260) N N L[1] L[1] Y Y Y Y Single Detached Houses(18.290)Y Y Y Y Y YNN edO k Accessory Dwelling Units(18.220) Y Y Y Y Y Y N N Apartments(18.230)N N NNN Y Y Y Courtyard Units(18.250) YN YN Y Y Y Y N N Quads(18.270) Lf2JN Lf2JN L[2] L[2] Y Y N N Rowhouses(18.280)N N N N L[3] Y Y N Chapter 18.120 COMMERCIAL ZONES 18.120.030 Land Use Standards Omnibus Amendments Page 6 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Table 18.120.1 Commercial Zone Use Standards MU- MUE ‘ MYIUR Use Categories C-N C-C C-G C-P CBD MLU MUC MUC 1 and 1 and1] [1] 21 1 2 2 Residential Use Categarfesy Group Living R R4-3-} R--f34 I A A A A A A 3} Household-hiving R R [3] R P A A A A A A Residential Use 3] 3,4] Motor Vehicle P P A/C P A/GP P P R R[14] P SalesfRental 13] 7] 14] 3] Residential uses are allowed on or above the second storyfleef of a mixed-use development where the first storyground floor contains an allowed commercial use. 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Residential UseHousehold Living or Group Living use. Table 18.120.2 Commercial Zone Housing Types MU MLUINIURHousingTypesC-G MUE MUC-1 , MUC fCBD1and21 1 and 2 Detached Dwellings Units Accessory Dwelling Units N N N Y L[1] L[1] L[l] 18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks (18.260) N L[2] N Y L[3] L[3] L[3] Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] 18.290) Attached Dwellings Units r Accessory Dwelling Units N N N Y L[1] L[1] L[1] 18.220) Apartments(18.230) N Y Y Y Y Y Y Courtyard Units(18.250) N N N N N N Y Quads(18.270) N N N N N N Y Rowhouses(18.280)N Y L[5] Y L[3] L[3] Y Chapter 18.130 INDUSTRIAL ZONES 18.130.030 Land Use Standards Table 18.130.1 Industrial Zone Use Standards Use Cat'Varies I-P I-L I-H Omnibus Amendments Page 7 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Table 18.130.1 Industrial Zone Use Standards Use Cate ories I-P I-L I-H Residential Use 1] R R R Chapter 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards Table 18.140.1 Parks and Recreation Zone Use Standards Use Categories Use Type Residential Use Categories Residential Use P Chapter 18.210 RESIDENTIAL GENERAL PROVISIONS 18.210.030 Exceptions to Setback and Height Standards B. Exceptions to minimum setbacks. 4. Fireplaces and chimneys may project a maximum of 3 feet into a required setback provided the projection does not reduce the width of any setback to less than 3 feet. 8. In the R 12 zone, bayBav windows and projections with floor area may project into a required interior side or street side setback by 1 foot provided the projections do not: 9. The front setback of the front facade of the primary structure may be reduced to the average of the respective setbacks on the abutting lots using the method in Section 18.40.070. Garage setbacks may not be reduced. Chapter 18.220 ACCESSORY DWELLING UNITS 18.220.010 Purpose The purpose of this chapter is to provide clear and objective standards for the establishment of accessory dwelling units on lots with single detached houses to achieve the following: A. Increase the number of affordable dwellinghousing units; 18.220.050 Standards A. Number of dwelling units. Omnibus Amendments Page 8 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house.A second accessory dwelling unit must be attached to the primary dwelling unit. B. Size. 2. The square footage of each attached accessory dwelling units may not exceed the square footage of the primary dwelling unit. E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single detached house in the base zone. FB.Entrances. Only one attached accessory dwelling unit may have an entrance on the facade facing the front property line. The entrance to a second attached accessory dwelling unit must be oriented to a side, street side, or rear lot line. F. Parking. 1. In addition to the number of parking spaces required for the primary unit,a minimum of 1 off street accessory dwelling unit. according to the standards of Section 18.110.090. Chapter 18.230' APARTMENTS 18.230.010 Purpose Apartments are a type of attached housing within single-story or multi-story buildings.Apartment dwelling units may share common side walls, ceilings, or floors. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Apartment development is intended to achieve the following: A. Increase the number of affordable dwellingheg units; 18.230.020 Applicability B. The standards of this chapter also apply to nonconforming apartment development in the R-1 through R-7 zones. In lieu of specific base zone standards, apartment development in these zones is subject to the R-12 zone standards. CR Apartment development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. DF. This chapter does not apply to apartment development in the MU-CBD and TMU zones.Apartment development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. 18.230.040 Development Standards Omnibus Amendments Page 9 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment C. Common open space. 3. At least 50 percent of the dwelling units in a development must face outdoor common open space or a public street. This standard is met when the front door or a window from the kitchen, living room, or dining room of a dwelling unit faces the outdoor common open space or a public street. 18.230.050 Design Standards A. Entrances. 2. For dwelling units without internal building access, a minimum of 1 entrance per dwelling unit must be visible and accessible from a public or private street,outdoor common open space,or drive aisle that has a curb and path adjacent to the dwellinj'unit. C. Facade design. 1. All building facades that face a public or private street or outdoor common open space must include at least 2 different architectural features from the list provided below'• An additional 2 different architectural features per facade are required on all buildings with 20 or more dwelling units. This standard may be met by including different architectural features on different facades of the same building. Buildings that do not include dwelling units are exempt from providing architectural features on facades that face common open areas, but must provide at least 2 different architectural features on all street-facing facades. c. Roof offsets or dormers. ii. One dormer for each top-storpf eer dwelling unit that is a minimum of 4 feet in width and integrated into the roof form. e. Distinct base and top. The first storpground floor is visually distinguished from the upper storiesfloors by including a belt course and at least one of the following: h. Balconies. Balconies are included on all upper storiesfleers that meet the dimensional requirement for private open space provided in Subsection 18.230.040.D. i. Covered porches or recessed entrances. All first-storvground floor dwelling units with individual entrances include at least one of the following: j. Enhanced entrances or awnings. A building that provides internal access to dwelling units includes at least one of the following: ii. A permanent architectural feature above all first-storvgveund-fleer windows, such as an awning or series of awnings,that are at least as wide as each window,a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The architectural feature may project into the minimum front setback. Chapter 18.240 COTTAGE CLUSTERS 18.240.010 Purpose Omnibus Amendments Page 10 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Cottage clusters are groups of four to twelve detached dwellingheg units that are of smaller size than the typical single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Cottage cluster development is intended to achieve the following: A. Increase the number of affordable dwellinglhousing units; E. Facilitate more efficient use of land through smaller dwellingheg units. 18.240.050 Development Standards A. Density. The required density of a cottage cluster development is determined according to the following: 1. A cottage cluster development must contain a minimum of 4 dwelling units and a maximum of 12 dwelling units; and 2. One cottagodwelling unit is required for every 2,500 square feet of lot area. Any designated sensitive lands on the lot are included in the lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 4. CottagoDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Location of dwelling units. 1. The settagedwelling units must be arranged around the required common courtyard. 2. A minimum of two dwellingcottage units in each development must be within 20 feet of a street property line. F. Configuration of dwelling units. All dwelling units must be detached, with a minimum separation of 3 feet. G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each cottagedwelling unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each ccottagedwelling unit. 3. Location. c. All parking areas, including garages, must be separated by a minimum of 10 feet on all sides from all other parking areas,parking structures,and dwellingsettage units on the site.This area must meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Omnibus Amendments Page 11 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment H. Pedestrian access. An accessible path must be provided that connects the main entrance of each dwellingcottago unit to the following: 18.240.060 Design Standards A. Floor area. 1. The maximum floor area of a singleene-story settagedwelling unit is 1,000 square feet. 2. The maximum floor area of a multi-story cettagedwelling unit is 1,200 square feet. 3. The average floor area of all settagedwelling units in a development must not exceed 1,100 square feet. B. Height. The maximum height of settagedwelling units is 25 feet. C. Entrances. A minimum of 75 percent of the cottagodwelling units in a development must have their main entrances face the required common courtyard. CottageDwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. (Ord. 18-23 §2) Chapter 18.250 COURTYARD UNITS 18.250.010 Purpose Courtyard units are groups of five to twelve attached dwellingheueixg units that are of smaller size and scale than other attached housing types such as apartments and rowhouses. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Courtyard unit development is intended to achieve the following: A. Increase the number of affordable dwellinglheueifg units; E. Facilitate more efficient use of land through smaller dwellingheus-rng units. 18.250.040 General Provisions All lots approved for courtyard unit development through the provisions of this chapter will be conditioned to record a deed restriction prohibiting any type of development other than courtyard unit development on the lot.This deed restriction cannot be removed except through a land division or lot line adjustment process that brings the lot into conformance with the standards for development of other housing types.A courtyard unit development deed restriction imposed as a condition of a previous or concurrent land division or lot line adjustment process meets this standard. (Ord. 18-28 §1; Ord. 18-23 §2) 18.250.050 Development Standards A. Density.The required density of a courtyard unit development is determined according to the following: 1. A courtyard unit development must contain a minimum of 5 dwelling units and a maximum of 12 dwelling units. Omnibus Amendments Page 12 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 2. One dwellingcourtyard unit is required for every 2,000 square feet of gross lot area.Any designated sensitive lands on the lot are included in the gross lot area. Any required dedications for public improvements are not included in the lot area. D. Common courtyard.A common courtyard must be provided. The common courtyard must be sized and located to contain a rectangle that meets the following: 3. EeoftyafdDwelling units and parking and maneuvering areas are prohibited within the rectangle. E. Configuration of dwelling units. GeoptyaKIDwelling units must be attached, except that the dwelling units may be provided in 2 detached buildings of at least 3 dwelling units each. See Figure 18.250.2. F. Location of dwelling units. The dwellings units must be arranged around the common courtyard.If dwellingcourtyard units are provided in 2 detached buildings,the buildings must face each other across the common courtyard. See Figure 18.250.2. Figure 18.250.2 Possible Configurations and Locations of Dwelling Units G. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 1. Number of spaces. a. A minimum of 1 off-street parking space must be provided for each dwellingeouftyafd unit. If the lot is within 2,500 feet of a right-of-way that includes transit service,this parking minimum is reduced by half. Fractional space requirements must be counted as a whole space. c. A maximum of 1.2 off-street parking spaces are allowed for each dwellingcourtyard unit. 3. Location. c. All parking areas, including parking structures, must be separated by a minimum of 10 feet on all sides from all other parking areas, parking structures, and dwelling courtyard units on the site. This area must meet the L-2 standard,as provided in Table 18.420.1, except that trees are not required. d. Parking may be provided under the first story of the courtyarddwelling units,provided that this parking is accessed from the rear of the building and is not visible from the street. H. Pedestrian access. An accessible path must be provided that connects the main entrance of each dwelling unit to the following: 18.250.060 Courtyard Unit Design Standards A. Floor area. 1. The maximum floor area of each individual dwelling unit in a courtyard unit development is 1,200 square feet. 2. The average floor area of all dwelling units in a courtyard unit development must not exceed 1,000 square feet. Omnibus Amendments Page 13 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment C. Entrances. A minimum of 75 percent of the eekdwelling units in a development must have their main entrances face the required common courtyard.dwelling units within 20 feet of a street property line with their entrances oriented to the street may count toward this standard. Chapter 18.260 MOBILE HOME PARKS 18.260.010 Purpose The purpose of this chapter is to establish standards for the placement of mobile homes in mobile home park developments. 18.260.040 Mobile Home Park Standards A. Minimum development standards. Mobile home park development must meet the following minimum development standards: 6. Sixty square feet of outdoor recreation area, suitably improved for recreational use,provided for each dwelling unit in addition to required setbacks. Each recreation area must be a minimum size of 2,500 square feet; B. Other standards. 3. Each dwelling unit must be served with a water, sewer, and electrical connection. The electrical connection must provide for 110 and 220-volt service. 10. The wheels,tongue, and traveling lights of each mobile home in a mobile home park Of subdivision be removed upon installation of unit. 13. Primary access to the mobile home park must be from a public street and comply with Chapter 18.920,Access, Egress, and Circulation; and b. Access driveways connecting units-to a public street must be at least 36 feet, of which at least 20 feet must be paved; and c. Driveways must be designed to provide for all maneuvering and parking of units without encroaching on a public street. Chapter 18.270 QUADS 18.270.010 Purpose Quads are a type of attached housing: :. . - with two dwelling units side-by-side on the first story weer and two dwelling units side-by-side on theft second story#1eer. The dwelling units are of smaller size than the typical apartment or single detached house. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Quad development is intended to achieve the following: A. Increase the number of affordable dwellinghousing units; Omnibus Amendments Page 14 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment D. Allow development of attachedmulti-unit housing that is similar in size and form to single detached houseshetrsing; F. Facilitate more efficient use of land through smaller dwelling:housing units. 18.270.050 Development Standards A. Number of dwelling units. A quad development must contain four dwelling units. Two dwelling units must be wholly contained within a gfetiftelfirst, story. Two dwelling units must be wholly contained within a second story. B. Density. Minimum and maximum densities are determined by the required number of dwelling units and the lot size standards of Table 18.270.1. 18.270.060 Design Standards D. Exterior staircases. Exterior staircases to the second storyfleef of a quad are prohibited. Chapter 18.280 ROWROUSES 18.280.010 Purpose Rowhouses are a type of attached housing that share common side walls. The purpose of this chapter is to provide standards that promote quality development and enhance the livability, walkability, and safety of the community. Rowhouse development is intended to achieve the following: A. Increase the number of affordable dwellingheu g units; E. Facilitate more efficient use of land through smaller dwellingheg units. 18.280.020 Applicability B. The standards of this chapter also apply to nonconforming rowhouse development in the R-1 through R-4.5 zones. In lieu of specific base zone standards, rowhouse development in these zones is subject to the R-7 zone standards. C14.Rowhouse development in the MUC-1 zone is subject to the standards of Chapter 18.620, Bridgeport Village Plan District. DF. This chapter does not apply to rowhouse development in the MU-CBD and TMU zones.Rowhouse development in these zones is subject to the approval processes and standards of Chapter 18.650,Tigard Downtown Plan District, and Chapter 18.660, Tigard Triangle Plan District, respectively. 18.280.050 Development Standards A. Number of dwelling units.A rowhouse development must contain at least two dwelling units.There is no maximum number of dwelling units,except that in the R-7 zone,the maximum number of dwelling units per grouping is 5. Omnibus Amendments Page 15 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment E. Parking. The provisions and standards of Sections 18.410.030 and 18.410.040 apply, except for Subsection 18.410.040.E. The following additional standards also apply: 2. Access.Access to off-street parking areas for rowhouse development may be taken through tandem driveways, shared access, or from an alley. The following requirements apply to each situation in addition to the relevant sections of Chapter 18.920,Access,Egress, and Circulation. a. Tandem driveways. If access is taken from a street other than an alley and access is not shared development-wide,the following standards apply. See Figure 18.280.1 for examples. i. A maximum of 1 driveway is allowed for every 2 rewheasedwelling units,except that each rowhouse grouping of three or more dwelling units may include 1 driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C. b. Shared access. If access for all dwelling units in a rowhouse development is shared and off- street parking areas are provided at the side or rear of a rowhouse development rather than at the front of each rewhousedwelling unit, the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. c. Alley access.If access is taken from an alley, the following standards apply: i. A maximum of one access is allowed for each resedwelling unit. F. Pedestrian access. Rowhouse developments of 5 or more dwelling units must provide a paved, accessible pedestrian path that connects the main entrance of each rowhouse to the following: Table 18.280.1 Development Standards for Row houses 1] This standard does not apply to a common wall lot line where the dwelling units are attached. 18.280.060 Design Standards B. lDwelling unit definition. Each dwelling unit must include at least one of the following on the street-facing facade: G. Windows.A minimum of 12 percent of the area of all street-facing facades on each individual dwelling unit must include windows or entrance doors. Window area is the aggregate area of the glass within each window, including any interior grids, mullions, or transoms. Door area is the area of the portion of a door other than a garage door that moves and does not include the frame. Half of the window area in the door of an attached garage may count toward meeting this standard. (Ord. 18-28 §1) Chapter 18.290 SINGLE DETACHED HOUSES 18.290.030 Development Standards Omnibus Amendments Page 16 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 1] Development standards for single detached houses and allowed accessory uses and structures in the R-25 zone apply only to lots with existing nonconforming development. New construction of single detached houses is not allowed except as provided in Chapter 18.50,Nonconforming Circumstances. 18.290.040 Design Standards A. Entrances. The main entrance to a single detached house must meet the following standards: Chapter 18.320 COMMERCIAL ZONE DEVELOPMENT STANDARDS 18.320.050 Design Standards B. Windows. Buildings or tenant spaces designed for first-storvgfeund-cleer use by Eating and Drinking Establishments, Sales-Oriented Retail,Repair-Oriented Retail,Personal Services,and Office uses must include a minimum of 50 percent window area on all first-story street-facing facades. 18.320.060 Additional Standards for C-N, C-C, and C-G Zones A. C-N and C-C zones. The following standards apply to development in the C-C and C-N zones in addition to all other applicable standards of this title. 3. Building design. a. All street-facing facades must provide a minimum of 50 percent of window area on all first- 1L er-facades and a minimum of 30 percent of window area on all upper_storv-floor facades, except that residential uses on upper stories floors must provide a minimum of 15 percent of window area. B. C-G zone within the Tigard Triangle. The following standards apply to development in the C-G zone within the Tigard Triangle. These standards apply in addition to all other applicable standards of this title and govern in the event of a conflict. See Chapter 18.660, Tigard Triangle Plan District, for additional transportation facility standards and Map 18.660.A for the location of the C-G zone within the Tigard Triangle. 2. All street-facing facades within the required setbacks must include windows on a minimum of 50 percent of the first-storygfeu eer facade area.First-storvGround floor facade area is measured from 3 feet above grade to 9 feet above grade the entire length of each street-facing facade. Chapter 18.330 INDUSTRIAL ZONE DEVELOPMENT STANDARDS 18.330.040 Development Standards B. Landscaping and screening. All required landscaping, including landscaping used to meet screening or tree canopy standards, is subject to the general provisions of Chapter 18.420, Landscaping and Screening. Omnibus Amendments Page 17 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 1. The minimum landscape area standard is provided in Table 18.330J. Landscaping standards are provided in Section 18.420.040. Any landscape area that meets te the L-2 standard may count toward meeting the minimum area standard. Chapter 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS 18.350.050 Design Standards C. Facade design.All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade.Different features may be used on different facades of the same building. 5. Distinct base and top. The first sto is visually distinguished from the upper storiesfeers by including a belt course and at least one of the following: 7. Enhanced entrances or awnings. b. A permanent architectural feature is provided above all first-storygroundloor windows, such as an awning or series of awnings, that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.060 Parking Structure Design Standards A. First-storvGfeand-fleer windows and wall openings. All parking structures must provide floor windows or wall openings along street frontages. Blank walls arc prohibited. All street-facing facadesAny wall facing the street must include contain windows, doors, or display areas equal to at least on a minimum of 20 percent of the first-story facade area : :. •o ':: excluding those portions of the facade€aee devoted to vehicular accessdriveway entrances and exits, stairwells,elevators, and centralized payment booths. Required windows must have a sill no more than 4 feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than 2 feet above finished floor wall up to a maximum sill height of 6 feet above grade. Chapter 18.435 SIGNS 18.435.090 Special Condition Signs E. Awning signs. 3. The standards for awning signs in all other zones are provided below. a. The copy on awning signs may rtet-extend above the upper surfaces of the awning structure= provided it does not extend above the roof of the associated building. They may be hung below the awning if the sign clears the sidewalk by at least 8.5 feet; 18.435.130 Base Zone Regulations Omnibus Amendments Page 18 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment B. C-G and MUE zones. Signs other than the following are prohibited in the C-G and MUE zones: G. MU-CBD and TMU zones.The following signs are allowed in the TMU zone and the MU-CBD zone, except that MU-CBD zoned properties located west of Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan District are subject to the residential zone sign standards in Subsection 18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign standards in Subsection 18.435.130.B. 4. Projecting signs, including awning signs. b. A building may have the following additional projecting signs: ii. A building may have one or more additional projecting signs where the signs are perpendicular to the building face,less than 4.5 square feet in size per sign face,and located less than 10 feet from sidewalk grade as measured from the top of sign. The number of additional signs may not exceed the number of first-story tenant spaces in the building. 5. Pedestrian-oriented roof signs. b. The maximum number of signs allowed is equal to the number of first-story tenant spaces in the building. 6. A-frame signs. a. The maximum number of A-frame signs allowed is equal to the number of first-storvground fleet tenant spaces in the building or the equivalent of one sign for every 30 linear feet of street- facing building facade,whichever is greater. H. Mixed-use zones except MU-CBD and TMU zones. Sign standards for the MUE, MUE-1, MUE-2, MUC, MUC-1, and MUR zones are located in their respective plan districts in Chapter 18.620, Bridgeport Village Plan District, and Chapter 18.670, Washington Square Regional Center Plan District. Chapter 18.440 TEMPORARY USES 18.440.020 Applicability C. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 5. Seasonal and special events located entirely within the PR zone: et-public right-of-way, or city- owned property provided the use has received a special event permit pursuant to Tiiard Municipal Code Chapter 7.48in the PR zone has been approved by the Public Works Director or designee,and the use in the public right of way has been approved by the Police Chief or designee. 18.440.030 Types of Temporary Uses Omnibus Amendments Page 19 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire,windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unitresidence on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwellingheusing unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city.This includes the use of one dwellingunit in a subdivision as a"model home"for purposes of showing prospective buyers. 18.440.050 Approval Criteria C. Temporary sales office or model home.The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 2. Model home. b. The property to be used for a model house must be a permanently designed dwelling unitstructurc. Chapter 18.510 SENSITIVE LANDS 18.510.010 Purpose G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The special flood hazard area or 1996 flood inundation line,whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S.Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map." 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map". 18.510.020 Applicability B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within drainageways, slopes that are 25 Omnibus Amendments Page 20 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material;except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 18.510.040 General Provisions for Special Flood Hazard Areas R. Definitions. The following definitions are only applicable to this chapterseetien: Omnibus Amendments Page 21 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Chapter 18.510 SIGNIFICANT TREE GROVES m u Table 18.520.1 Density Transfer for Preservation of Significant Tree Groves Detached Sq. Ft. Attached Sq.Ft.Duplex Multifamily Residential Percent Tree Grove Percent Tree Grove Percent Tree Grove Percent Tree Canopy Preserved Canopy Canopy Grove CanopyZone Min.Lot or Unit Preserved/Min.Lot Preserved/Min.Lot Preserved/Min, Area or Unit Area or Unit Area Unit Area R-1 25-49%/22,500 sq ft 30,000 sq ft 50-74520%/15,000 sq Not Allowed Not Allowed Not Allowedperunit)ft 75-100%/7,500 sq ft R-2 25-49%/15,000 sq ft Allowed with 75%or 20,000 sq ft 50-74528%/10,000 sq greater tree grove per unit)ft canopy Not Allowed Not Allowed 75-100%/5,000 sq ft preservation/5,000 sq ft R-3.5 25-49%/7,500 sq ft Allowed with 75%or Allowed with 75%or 10,000 sq ft 50-74528%/5,000 sq ft greater tree grove greater tree grove Not Allowed per unit)75-100%/2,500 sq ft canopy preservation canopy preservation 2,500 sq ft 5,000 sq ft R-4.5 25-49%/5,625 sq ft Allowed with 75%or Allowed with 75%or 7,500 sq ft 50-74528%/3,750 sq ft greater tree grove greater tree grove per unit)75-100%/1,875 sq ft canopy canopy preservation Not Allowed preservation/1,875 sq /3,750 sq ft ft R-7 25-49%/3,750 sq ft Allowed with 75%or Allowed with 75%or 5,000 sq ft 50-74528%/2,500 sq ft greater tree grove greater tree grove Not Allowed per unit)75-100%/1,250 sq ft canopy preservation canopy preservation 1,250 sq ft 2,500 sq ft R-12 Apartment and single detached house transfer allowed at the following densities: 3,050 sq ft 25-49%tree grove canopy preservation/2,288 sq ft/unit per unit)50-7452$%tree grove canopy preservation/1,525 sq ft/unit 75-100%tree grove canopy preservation/763 sq ft/unit R-25 Apartment and single detached house transfer allowed at the following densities: 1,480 sq ft 25-49%tree grove canopy preservation/1,110 sq ft/unit per unit)50-7439%tree grove canopy preservation/5,200 sq ft/unit 75-100%tree grove canopy preservation/370 sq ft/unit R-40 Apartments and single detached housesingallowed with no upper density limit. None) Omnibus Amendments Page 22 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Chapter 18.620 BRIDGEPORT VILLAGE PLAN DISTRICT 18.620.070 Design Standards D. Building design standards. Nonresidential buildings must comply with the standards below. Residential-only and mixed-use buildings where at least 50.1 percent of the floor area of the building is residential must comply with Section 18.620.080. 1. First-storyGreund--#leer windows. All Sstreet-facing facadeselevatiens within the required building setback(0 10 feet)along public streets must include windows,doors, or display areas on a minimum of 50 percent of the first-story facade area : :.• ':: . . -. The first--story facade ground floor-wall-area is measured from 3 feet above grade to 9 feet above grade the entire lengthltlh of the street-facing facade. Up to 50 percent of the first-storyground floor window requirement may be met on an adjoining facadeelevatien provided all of the requirement is located at a building corner. 18.620.080 Design Compatibility Standards A. Front facades. All primary first-story a common entrances or individual unit entrances of street-facing frontage dwelling units must be oriented to the street, not to the interior or to a parking lot. The front facadeelevatieu of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays, dormer windows, and roof pediments are encouraged for street-facing structures facing a street to create visual interest. C. Unit definition. Each dwelling unit must be emphasized by including a roof dormer or bay windows on the street-facing facadeelevatien, or by providing a roof gable or porch that faces the street. First- storyGround level dwelling units must include porches that are at least 48 square feet in area with no dimension less than 6 feet. E. Trim detail.Trim must be used to mark all building roof lines,porches,windowsL and doors that are on a primary structure's street-facing facadescicvation,. Chapter 18.630 DURHAM ADVANCED WASTEWATER TREATMENT FACILITY PLAN DISTRICT 18.630.090 Additional Standards for Conditional Uses Within the Administrative Subdistrict B. Standards. Conditional uses within the administrative subdistrict are subject to the following: 2. First-storvGreund leer windows. All street-facing facadescicvation. along public streets must include windows on a minimum of 50 percent of the first-story facade area with windows or glazed doorway opcnings. The first-story facadeground floor wall area is measured from 3 feet above grade to 9 feet above grade the entire lengthh of the street-facing facade. Glazing covered with applied window film will not be considered in the calculation to meet this standard. Omnibus Amendments Page 23 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment Chapter 18.640 RIVER TERRACE PLAN DISTRICT 18.640.070 Planned Developments E. Design standards for single detached houses and rowhouses. The following design standards apply to single detached houses and rowhouses where the applicant chooses to provide them under Subparagraph 18.640.070.C.2.e or where required by Subsection 18.640.060.A. The design standards in Chapter 18.290, Single Detached Houses, and Chapter 18.280, Rowhouses, apply in all other situations. 5. Garages and carports. These standards are intended to prevent garages and carports from obscuring or dominating the street-facing facade of residential buildings.An illustration of garage door width is shown in Figure 18.640.6. b. Garage door width. The width of a garage door is the width of the opening as measured from inside the garage door frame. i. A dwelling unit is allowed one 12-foot-wide garage door, regardless of the total width of the street-facing facade. ii. A dwelling unit may have a garage door wider than 12 feet provided that it does not exceed 40 percent of the total width of the street-facing facade on which the garage door is located. 18.640.100 On-Street Parking B. Quantity standards.All single detached house development described in Subsection 18.640.100.A must provide the following number of on-street parking spaces: 1. For a dwelling unit with one off-street parking space, a minimum of 2 on-street parking spaces must be provided. 2. For a dwelling unit with two off-street parking spaces, a minimum of 1 on-street parking space must be provided. 3. For dwellings units with more than two off-street parking spaces,a minimum of 1 on-street parking space must be provided for every two lots with more than two off-street parking spaces that are adjacent to each other. Chapter 18.650 TIGARD DOWNTOWN PLAN DISTRICT 18.650.010 Purpose B. Sub-areas. The four sub-areas located on Map 18.650.B and described below have different development standards in order to create a feeling of distinct districts within the larger zone. 1. Highway 99W and Hall Boulevard Corridor.The purpose of this sub-area is to create a pulse-point along the Highway 99W corridor.Located at the intersection of 99W and Hall Boulevard,the area has the high traffic and visibility to draw potential retail customers from the region. The area will accommodate higher levels of vehicular circulation,while maintaining a pedestrian scale at the first story of buildings. It allows development of mixed-use and retail buildings that vary in scale from Omnibus Amendments Page 24 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment sin'le-1--story retail-only buildings to mixed-use buildings up to 45 feet tall with retail on the first story and residential or Office uses above. 3. Scoffins Street - Commercial Street. The purpose of this sub-area to provide an opportunity for higher-density residential as well as an employment base comprised of civic, office, and commercial uses in the areas of Commercial Street and Scoffins Street.Residential-only buildings, commercial buildings, and mixed-use developments are allowed. 18.650.020 Applicability A. Applicability. The regulations of this chapter apply to the Tigard Downtown Plan District in addition to all other applicable regulations of this title. The boundaries of the plan district are shown on Map 18.650.A,which is located at the end of this chapter,and on the official zoning map. 2. Pre-existing uses and development. Pre-existing laiid uses and associated development that were lawfully established prior to the effective date of this chapter are treated as lawful or approved uses and developments, subject to the following: 18.650.050 Development Standards B. Parking. 7. No parking is required for new commercial development up to 20,000 square feet in the Main Street-Center Street sub-area except that any apartments must provide a minimum of 1 parking space per unit. Figure 18.650.1 Parking Location e1o.e.o..0 o1e.01e10.0 01e1e.e.0 e 0 0:0 0 010 01010A Woe 0.0.0401.0 O 0 0 e I O O 1Q a O 0 aoa o I a o I o 0 a o I e 0 0 0 Fix Figure to read: 4 D-S-4 Standard I o F- See Chapter 18.420 for... e a 0 0 0 0 o o, _ o o 0 0 0 O BOOill 1, Parsing deme Ode or seer of bearing 1-1 landsapestanderd I Max. 10's a site trance Mkt.10'sMDack landscape not required alone shared prop fro See 000.745 for screening and hsMwpm5 requirements 18.650.060 Design Standards A. Create vibrant first stories, streetscapes, and rights-of-way; provide weather protection; and promote safety and security. Omnibus Amendments Page 25 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 2. Standards. a. Street facade. Street-facing facades must be built in proximity to the street. This standard is met when at least 50 percent of the first:story front building elevation is located no further from the front property line than the maximum front setback standard provided in Table 18.650.1; and, where maximum street-facing side setbacks are required within the Main Street- Center Street sub-area, at least 50 percent of the first-story street-facing side building elevation is located no further from the street-facing side property line than the maximum street-facing side setback standard provided in Table 18.650.1. b. Primary entrances. i. Nonresidential and mixed-use buildings. A)At least 1 entrance is required for each business with a first-story street-facing building elevation frontage. C) All primary first-story common entrances must be oriented to the street or a public space directly facing the street, not to the interior or to a parking lot. ii. Residential buildings. B)All street-facing building elevations must include aA-ll primary first-story common entrances of to apartment developments and individual unit entrances toe€ rowhouses development that are front the street.. ust be oriented to the street or public right-of-way, not to the interior or to a parking lot. c. Windows. Minimum window coverage includes any glazed portions of doors. i. Nonresidential and mixed-use buildings. A)The minimum window area of first story street-facing facades is 60 percent. B) First-story windows must have a visible transmittance(VT) of 0.6 or higher, with the exception of medical and dental offices,which may have tinted windows. ii. Residential buildings. The minimum window area of first_story street-facing facades is 30 percent. iii. Upper storv€leef windows for all buildings. B. Cohesive architectural facade standards. 1. Purpose. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the first storvground floor of street-facing facades. Relate to the horizontal facade articulation and massing of surrounding development or utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the downtown. 2. Standard. Divide the street-facing first storEground floor of nonresidential and mixed-use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose Omnibus Amendments Page 26 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment of this standard,an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster,post, or vertical wall area. C. Integrated building facade standards. 1. Purpose. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building facade that encourages first-storvground floor activities and creates visually interesting facades and roofs. 2. Standards. a. Facades. i. Nonresidential and mixed-use buildings without residential component.Buildings 2 stories and above must have 3 clearly defined elements on the street-facing facade:a base(extends from the sidewalk to the bottom of the second story or the belt course that separates the first storygfeand-cleer from the middle of the building); a middle (distinguished from the top and base of the building by use of building elements); and a top(roof form or element at the uppermost portion of the facade that visually terminates the facade). F. OutdoorOpen space and public plaza. 1. Purpose. Assure adequate public, private, and shared outdoor space. 2. Standards. a. Nonresidential and mixed-use buildings without a residential component. i. Developments with sites areas greater than 60,000 square feet must include at least 1 public outdoor space with a minimum size of 600 square feet. ii. Public outdoor spaces must be abutted on at least 2 sides by retail shops, restaurants, or services with window entrances fronting on the space. b. Residential and mixed-use buildings with four or more dwelling units i. Private outdoor space. -. . such as a private porch,a-deck,a-balcony, a-patio,an-atrium, or other private outdoor spacepr e- rea, must be provided. A)An average of 28 square feet of private outdoor pen space must be provided per unit in a development. B) In order to be counted toward the private outdooreperr space standardaverago, the private outdoorepen space provided to each dwelling unit must be a minimum of 32 square feet, with a minimum depth of 4 feet. C) The private outdoorepe space provided must be contiguous with the dwelling unit. D) Balconies used for entrances or exits are not considered as private outdoor open space except where such exits or entrances are for the sole use of the dwelling unit. Omnibus Amendments Page 27 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment ii. Shared outdoor space must be provided in addition to required private outdoor space. Examples include: for mixed use buildings with residential units and apartment courtyards, roof decks, gardens, play areas, outdoor recreation facilities, indoor recreation room, or similar spaces Shared outdoor space must be a minimum of that is equal to or greater 10 percent of the development site, except as follows: A)Up to 50 percent of the shared outdoorepen space standard may be met by providing additional private outdoorepen space, such as balconies, porches, and patios in addition to what is required in Subparagraph 18.650.060.F.2.a. B) A shared outdoorepen space credit of 50 percent may be granted when an apartment development is directly adjacent to an improved public park. C) Credit for up to 100 percent of the shared outdoorepen space standard may be met by paying a fee-in-lieu. The fee will fund parks or plazas within the downtown urban renewal district. G. Additional requirements for rowhouses. 2. A minimum of 100 square feet of private outdoorepert space such as a private porch,yard,a deck, a-balcony,a-patio, or other private outdoor space private area is required per dwelling unit. 18.650.070 Transportation Connectivity A. Purpose. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan, which describes a more complete system of streets and pathways to improve multi-modal access to, from, and within the plan district:: • : • • t: . _ -t• . .. ••- . '_ . The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. C. Required new street and alley connections. Required new street and alley connections must be provided as follows. 1. For new development and for major redevelopment valued at more than 60 percent of its total current value as assessed by the Washington County assessor,the applicant must comply with the following: 2. For all other develo ments.. :•- . •the applicant must comply with the following: 18.650.100 Specific Adjustments D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 2. Approval criteria. To qualify for a density or height bonus, a development must meet the following: Omnibus Amendments Page 28 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment a. The development meets the threshold for the requested bonus: i. A height bonus of an additional 20 ft over the maximum height is allowed for any development where a minimum of 20 percent of the dwelling units are affordable. b. The approval has been conditioned on the recording of deed restriction that prohibits the sale or rental of any affordable dwelling unit used to meet the standard of Paragraph 18.650.100.D.1, except as housing that meets that standard, for the life of the development. Table 18.650.2 Density Bonuses Bey, IJAitse 5% 5% 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% Chapter 18.660 TIGARD TRIANGLE PLAN DISTRICT 18.660.040 Review Process C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes development review. Land use review is the process whereby the applicant submits any required or applicant-initiated land use applications to the city for review against all applicable approval criteria and standards.The provisions of Chapter 18.770,Planned Developments, do not apply to properties in the TMU zone. 4. Adjustment application. An adjustment application is processed through a Type II procedure as provided in Section 18.710.060. a. An adjustment application may contain multiple adjustment requests. An adjustment may be requested for any standard in this chapter unless specifically prohibited by this chapter. An adjustment may not be requested to change or eliminate a required review process. The provisions of Chapter 18.715, Adjustments, do not apply to properties in the TMU zone. An adjustment request for a standard outside of this chapter is subject to the provision of Chapter 18.715,Adjustments. 18.660.050 Pre-Existing Development and Approvals D. Sites with pre-existing development. 4. Pre-existing buildings that do not meet the site or building design standards in Sections 18.660.070 and 18.660.080 may continue and be modified subject to the standards in Table 18.660.2. Applicable standards only apply to the proposed modification and not to the non-modified portion of the existing building. Modifications that expand a building may be vertical (e.g. second story addition), horizontal (e.g.first-storvgr-ettiid-fieer expansion), or both (e.g. 2-story addition). Omnibus Amendments Page 29 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 18.660.080 Building Design Standards B. Building height. The maximum allowed building height is 6 stories, except for properties shown on Map 18.660.A that have a maximum allowed building height of 4 stories. Basements, as defined in Chapter 18.30,Definitions,are not considered stories for purposes of meeting this standard. The height standard for each type of story is provided in Table 18.660.7.Vertical building projections not used for human habitation such as chimneys, flag poles, and elevator shaft housings are exempt from the building height standards of this chapter, expect for wireless communication facilities, which are subject to the standards in Chapter 18.450, Wireless Communication Facilities. Table 18.660.7 Height by Type of Story Type of Story Height Gr First story 12 feet(min.)and 25 feet(max.) Middle stories 14 feet(max.) Top story 18 feet(max.) E. Building facade windows. Building facade windows are required as follows: Table 18.660.8 Minimum Window Area Type of Story and Use Minimum Window Area Gr-etmdFirst Story: Mixed-Use and Nonresidential 50% of facade Upper Stories: Mixed-Use and Nonresidential 30% of facade GfeenelFirst Story: Residential Only 30%of facade Upper Stories: Residential Only(Does not apply to stories with sloped 15% of facade roofs or dormers) Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT 18.670.020 Applicability B. Conflicting standards.The following standards apply to all nonresidential and mixed-use development located within the Washington Square Regional Center Plan District within the MUC, MUEL and MUR zones. The standards and requirement in this chapter govern in the event of a conflict. 18.670.050 Pre-Existing Uses and Developments Pre-existing dwellin,housing units in mixed-use zones are allowed. Conversion of pre-existing dwellingheuts-ing units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section 18.50.040, pre-existing land uses and associated development that were lawfully in existence at the effective date of the Washington Square Regional Center Plan District are treated as lawful or approved uses and developments. 18.670.070 Site Design Standards B. Building placement on arterials and collectors. Omnibus Amendments Page 30 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and first-stokor uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. 18.670.080 Building Design Standards B. First-storvGfetmEl-Peer windows. 1. Purpose. Blank walls along the street frontage tend to be neglected and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from first-storygrotaid-fleer windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing facades -within the required building setback (0 to 10 feet) along public streets must include windows, doors, or display areas on a minimum of 50 percent of the first-story fa ade area: .. . ':. . . _. ' • .. -• . . . openings. The first-story facadeftfeuuil-fleer-tel area is measured from 3 feet above grade to 9 feet above grade the entire tengthwieltli of the street-facing facade. The ground floor te-gfetinfl-leveh Up to 50 percent of the first-story or window requirement may be met on an adjoining facadeeen provided the entire requirement is located at a building corner. Chapter 18.710 LAND USE REVIEW PROCEDURES 18.710.030 General Provisions B. Neighborhood meetings. A prospective applicant must hold a neighborhood meeting prior to filing the following applications: comprehensive plan map amendment (quasi-judicial), conditional use, major modifications,planned development review,sensitive lands review(Type II and III), site development review(Type II), subdivision, and zoning map amendment(quasi-judicial). 18.710.120 Special Procedures C. Affordable housing developments. Applications for affordable housing developments qualify for a reduced review time of 100 days from the date the application is deemed complete, provided the following are met: 1. The application is for apartment or rowhouse development containing five or more dwellinK es tial units; 2. At least 50 percent of the dwellinkfesidential units included in the development will be sold or rented as affordable to households with incomes equal to or less than 60 percent of the median family income for Washington County, or for the state,whichever is greater; and 3. The development is conditioned on the recording of a covenant appurtenant, prior to the issuance of a certificate of occupancy,that prohibits the sale or rental of any affordable dwellinz esu Omnibus Amendments Page 31 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment unit used to meet the standard of Paragraph 18.710.120.C.2, except as housing that meets that standard, for a period of 60 years from the date of the certificate of occupancy. Chapter 18.715 ADJUSTMENTS 18.715.040 Approval Process An adjustment"applications-are is processed through a Type II procedure as provided in Section 18.710.060. (Ord. 18-28 §1) 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities;or b. Addresses a site constraint or unusual situation; or c. Utilizes innovative design or results in sustainable development. arca and the overall purpose of the base zone; 3. The proposed adjustment utilizes innovative design, results in sustainable development, or 24. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and 3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and 4. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone. Chapter 18.720 ANNEXATIONS 18.720.020 Approval Process Omnibus Amendments Page 32 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment A. A Qquasi judicial annexation applications-are is processed through a Type III-Modified procedure, as provided in Section 18.710.080. Quasi-judicial annexations are decided by the City Council with a recommendation by Planning Commission. B. A Llegislative annexation application-s-are is processed through the Legislative procedure, as provided in Section 18.710.110. Chapter 18.730 DIRECTOR DETERMINATIONS 18.730.040 Approval Process Applications for a A Director determination application isce processed through a Type I procedure, as provided in Section 18.710.050. Chapter 18.740 CONDITIONAL USES 18.740.050 Approval Criteria G. Adequate public facilities are available to serve the proposed development or use at the time of occupancy. Chapter 18.760 HOME OCCUPATIONS 18.760.020 Applicability B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 3. 14emeFamily day care uses; 5. Legal nonconforming home occupations as provided in Section 18.760.090978. 18.760.030 Approval Process A. Type I home occupations. A Type I home occupation application—e is processed through a Type I procedure,as provided in Section 18.710.050. B. Type II home occupation permit. A Type II home occupation application are is processed through a Type II procedure, as provided in Section 18.710.060 18.760.050 General Provisions All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.06098. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or Omnibus Amendments Page 33 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire,health, and housing codes. F. A dwelling unit may have more than one home occupation,provided that the combined floor areaspacc used for the home occupations does not exceed the square footage limitation imposed in SubsectionParagraph 18.760.040.DA4. Each home occupation must apply for a separate home occupation permit, if required by this chapter. Chapter 18.770 PLANNED DEVELOPMENTS 18.770.070 Conditions of Approval The approval authority may impose conditions of approval that are suitable and necessary to ensure that the consolidated or concept plan proposal is consistent with the purpose of this chapter as embodied by the approval criteria listed in Subsections 18.770.060.A and B. Conditions may include but are not limited to the following: H. Requiring pedestrian-oriented design features such as building awnings,first-storvgFeand-fleer windows and entries,or street-facing facades; Chapter 18.790 TEXT AND MAP AMENDMENTS 18.790.020 Legislative Amendments A. Approval process. A Legislative amendments application isa re processed through a Legislative procedure, as provided in Section 18.710.110. B. Approval considerations.A recommendation or a decision for a legislative amendment applicationmay be based on consideration of the applicable legal requirements. They may, but do not necessarily include:Oregon Revised Statues,Oregon Administrative Rules,one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.790.030 Quasi-Judicial Amendments A. Approval process. 1. A Qquasi judicial zoning map amendments application that does not require a comprehensive plan map amendment areis processed through a Type III-PC procedure, as provided in Section 18.710.070. 2. A Qquasi judicial comprehensive plan map amendments application isare processed through a Type III-Modified procedure, as provided in Section 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. 3. A Qquasi judicial zoning map amendments application that requires a comprehensive map plan amendment areis processed through a Type III-Modified procedure, as provided in Section Omnibus Amendments Page 34 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment 18.710.080, which is decided by the City Council with a recommendation by Planning Commission. Chapter 18.810 LOT LINE ADJUSTMENTS AND CONSOLIDATIONS 18.810.020 Approval Process A. Approval process. aApplications for lot line adjustments and-let consolidations application is are processed through a Type I procedure, as provided in Section 18.710.050. 18.810.030 Approval Criteria A. Approval criteria. The approval authority will approve or approve with conditions an application for a lot line adjustment or lot consolidation when all of the following are met: 1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots are not reduced below the minimum lot size. 2. The reconfiRuredprepesed lots and existing structures comply with all applicable development standards. 3. The reconfiiuredprepesed lots comply with the following: a. Al4Each lots intended for residential development mustheusing meet the density standardfeeteiFements for the housing type proposed. El. The depth of all lets Bees net exceed 2.5- times the aver 1: •, exceptions: i. The lot is less than 1.5 times the minimum lot size, or de. Each lot intended for quad, rowhouse, or single detached house development is 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 an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. e€. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: J . All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. gh. Lots using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the lot line adjustment or consolidation application. This Omnibus Amendments Page 35 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment deed restriction cannot be removed except through another land division or lot line adjustment process. Chapter 18.820 LAND PARTITIONS 18.820.030 Approval Process A. Approval process. AApplications for land partition application isare processed through a Type II procedure, as provided in Section 18.710.060. 18.820.040 Approval Criteria The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: C. A1The proposed improvements meet city and applicable agency standards; D. M1The proposed lots comply with the following: 1. AllEach lots created for residential development must uses meet the density standardrequirements for the housing type proposed. a. The lot is less than 1.5 times the minimum lot size, or 45. Each lot for quad rowhouse, or single detached house development is 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 an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners, as measured using the process of Subsection 18.40.060.C. S . Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: 6q. All setback requirements are met. The setback requirements for residential and nonresidential development are provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. 78. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the partition application.This deed restriction cannot be removed except through another land division process. Chapter 18.830 SUBDIVISIONS 18.830.020 General Provisions Omnibus Amendments Page 36 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment A. Approval through two-step process. Atl application for a subdivision application is processed through a two-step process: the preliminary plat and the final plat. 18.830.030 Approval Process A. Approval process. Applications f r a preliminary plat application isfor subdivision aro processed through a Type II procedure, as provided in Section 18.710.060. An application for subdivision may also be reviewed concurrently with an application for a planned development, as provided in Chapter 18.770, Planned Developments. 18.830.040 Approval Criteria—Preliminary Plat A. Approval criteria. The approval authority will approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable regulations; 2. Al4The proposed lots must comply with the following: times the minimum lot size, or if the lot is for a proposed cottage cluster or courtyard unit be. Each lot for quad, rowhouse, or simile detached house development is 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 an existing natural features or lot linesshape. Side and rear lot lines that are segmented may not contain cumulative lateral changes in direction that exceed 10 percent of the distance between opposing lot corners. cd. Each lot has a minimum of 40 feet of frontage on a public or private right-of-way, except for the following types of lots: de. Lots created using the density and dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another land division process. 18.830.050 Zero Lot Line Development B. Approval criteria. The approval authority will approve or approve with conditions an application for a zero lot line development when all of the following are met: 1. There must be a 10-foot separation between each residential dwelling unit or garage; Chapter 18920 ACCESS,EGRESS,AND CIRCULATION 18.920.030 General Provisions Omnibus Amendments Page 37 of 38 Attachment 1 Planning Commission Draft Proposed Code Amendment E. Surfacing. Driveways and drive aisles must be paved with a dust-free, hard-surfaced material, or utilize a turf krid or open joint pavers. FK Curb cuts. Curb cuts must be in compliance with Subsection 18.910.030.0. G .Pedestrian access. Paths for pedestrian access and circulation are required to, through, and sometimes between development sites.Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off-Street Parking and Loading. Additional standards may also apply if the site is located in a plan district. HG. Inadequate or hazardous access. 14. Access management. 11. Minimum access requirements for residential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. Table 18.920.2 Vehicular Access/Egress Requirements: Nonresidential Uses Required Parking Minimum Number of Minimum Access Spaces Driveways Required Width Minimum Pavement I8-99 1 30 ft 24 ft curbs required 2 30 ft 24 ft curbs required100+ 1 50 ft 40 ft curbs required 2. Vehicular access to apartment structures must be within 50 feet of the first-storyground floor entrance or the first-storm-ettfid—floor landing of a stairway, ramp, or elevator leading to the dwelling units. KJ. Minimum access requirements for nonresidential uses. 2. Vehicular access must be provided to nonresidentialco: ::er-cial or ind * ' l uses, and be located within 50 feet of the primary first-story entrances; L .One-way vehicular access points.Where a proposed parking facility indicates only one-way traffic flow on the site, it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. Mh. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: Omnibus Amendments Page 38 of 38 Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes, December 2, 2019 Location: Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Feeney called the meeting to order at 7:00 p.m. ROLL CALL Present: President Feeney Vice President Hu Commissioner Brook Commissioner Jackson Alt. Commissioner Quinones Commissioner Roberts Alt. Commissioner Sarman Commissioner Schmidt Commissioner Tiruvallur Commissioner Watson Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire, Assistant Community Development Director; Doreen Laughlin, Executive Assistant; Associate Planner, Agnes Lindor; Dave Roth, Sr. Transportation Planner COMMUNICATIONS —None. CONSIDER MINUTES President Feeney asked if there were any additions, deletions, or corrections to the October 21 minutes; there being none, President Feeney declared the minutes approved as submitted. OPEN LEGISLATIVE PUBLIC HEARING DEVELOPMENT CODE AMENDMENT (DCA) 2019-00002 2019 OMNIBUS TEXT AMENDMENTS PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard CommunityDevelopmentCode (TCDC). Amendments to the development code will streamline the residential use category, modify lot standards for different housing types, and clean up minorinconsistencies. LOCATION: Citywide December 2,2019 Page 1 of 5 Attachment 2 STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report using aPowerPoint (Exhibit A). She noted that the focus of the amendments is general housekeeping and terminology as well as updating ineffective regulations. Some of the housekeeping items include correcting somereferences (some code changes impacted the references and the code). The other portion is to update phrasing—we are replacing "dwelling" or "unit" with "dwelling unit" as well as "floor" and "level" with "story." We are also providing consistent phrasing such as "An application forXXshallbeprocessedthroughaTypeXXprocedure, as provided in Section XX." She noted that two of the commissioners had made suggestions that staff took into consideration. Regarding Policy Changes: Removing and Replacing Ineffective Regulations Updating regulations for housing to comply with State Update the definition of"Story" to be consistent with the Oregon Residential Structural Code. Consolidate the Household Living and Group Living categories into one category:Residential Use. Remove the lot width/depth standard. Modify the rectilinear standard to only apply to quads, rowhouses, and single detached houses. Ms. Lindor thanked Commissioners Hu and Jackson for their comments and noted that staff will incorporate the suggested changes into the City Council draft. There were a couple of suggestions that staff addressed as well— one on page 3 18.60.040A2: there was a suggestion to add the phrase "a dwelling unit" in front of"an institution or facility." Staff is proposing to not add that phrase and she went on to explain. What this definition was trying to get at is to account for those types of facilities, like assisted living, that don't necessarily have individual dwelling units and the components of the dwelling units are shared among the residents, so theyhaveacentralkitchen, or a central dining room. We still want to consider those residential uses even though they don't necessarily meet the dwelling unit definition. The other suggestion is regarding page 15 18.270010D: staff suggests leaving the last phrase "single detached houses" asis, to be consistent with chapter 18.290 which is called "single detached houses" — so this is an effort to be consistent with that. She noted there were two requests from the public for a copy of the code amendments —which were provided. There were no other requests or comments from the public on this. December 2, 2019 Page 2 of 5 Attachment 2 The public hearing is scheduled for January 7 for City Council. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed development code text amendments (Exhibit B) with any alterations as determined through the publichearingprocessandmakeafinalrecommendationtotheTigardCityCouncil. QUESTIONS Commissioner Jackson: On page 20 the category of significant tree groves was addedundersensitivelands. To my recollection we've been honoring those — so I'm curious as to what extent that will change some of our past decisions, for instance. This came upbecausetypicallywhenthere's a significant tree grove, there's usually another sensitive landslayerontopofit—like a significant habitat; but there are tree groves in the city that don't havethesignificanthabitatoverlayonthem. In those situations, not even a tree removal permitwouldberequiredforthosetrees — so we wanted to at least provide that extra protection for those areas that weren't covered by other sensitive lands. For the missing middle housing types — as I recall Row Houses are still not permitted and non-conforming in most of the residential zones. Are those not covered in the samewayunderHB2001astheothers? And I have page 6 and page 15 in my notes — so hopefully those are accurate. I really don't know why Row Houses aren't included in the missing middle. I know that we had changed the courtyard units and quads to be allowed in theR1andR2zones, but it looks like Row Houses are allowed in R7 and up, and not R40... I willcheckonthat—whether Row Houses are considered missing middle housing— before the council meeting. Commissioner Hu: Thanks for clarification on page 3 explaining why the change I proposed won't be incorporated. After your explanation, I agree with you. I didn'trealizethatasharedkitchenwouldnotbeconsideredadwellingunit — so I agree the change shouldn't be incorporated. On page 30 for the Washington Square Plan, I think the phrase "non-residential" andmixed-use" has been inserted in there. By adding those words, you are narrowing thescopeofthechapter. Is there a reason for it? What's not shown on here is —you only seeSectionB. If I were to include Section A — Section A says that this chapter only applies to non- residential and mixed-use development; so this would make it consistent. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION —None. PUBLIC HEARING CLOSED DELIBERATION December 2, 2019 Page 3 of 5 Attachment 2 Commissioners expressed support for the proposed amendments. MOTION Commissioner Schmidt made the following motion "I move that the PlanningCommissionforwardarecommendationofapprovaltotheCityCouncilofapplication DCA2019-00002 and adoption of the findings and conditions of approval contained in the staff report, if appropriate, and based on the testimony received." The motion was seconded by Commissioner Roberts. VOTE All in favor, none opposed, none abstained. RESULT Motion to recommend approval to Council carries and passes unanimously (9-0). BRIEFING TRANSPORTATION SYSTEM PLAN (TSP) UPDATE Sr. Transportation Planner Dave Roth introduced himself and went over a PowerPoint (ExhibitC). He explained that the TSP is essentially a set of policies, programs and projects that address the multi-modal transportation needs within Tigard's Urban Growth Boundary over the planning horizon (2035). It also serves as the transportation element of Tigard's ComprehensivePlan. He noted that if you look at the Comprehensive Plan and the TSP —they essentially mirroreachotherinpolicies, goals, objectives and actions. The current plan was adopted in 2010 after a year and a half planning process. That process utilized a Transportation Growth Management Grant funding source. For the update that we're moving forward on now, we're using local funding 100% for the project—and there are some benefits to that. Having control over the whole process is nice this round. The TSP satisfies Oregon Statewide Planning Goal 12: Transportation. We need to create a transportation system plan that considers all relevant modes of transit... public transportation, walking, cycling,personal cars, freight... everything that's using our transportation system. At a high level, the Transportation System Plan has goals around coordinating land use andtransportation; efficiency of mobility - getting people around the city where they need to go; creating a multi-modal system that works for all types of users; always focusing on safety. Inter- agency coordination is very important to us because we have ODOT roads running through the city and we also coordinate very closely with Washington County and our neighboring cities aswell. There's a section on Transportation Funding— funding the projects and programs that are identified in the System Plan. December 2, 2019 Page 4 of 5 Attachment 2 He explained why we are updating our TSP now. It's timely because we've adopted some new policies that impact our transportation system. For example, we have our Strategic Plan vision which calls for Tigard to be the most walkable community in the Pacific Northwest. And just last summer we adopted a Complete Streets Policy that specifically calls out the City needing toplan, build, maintain and operate a transportation system that works for all users of all ages.Additionally, Tigard is adding people - and those people need to get around - and that impacts our transportation system. So, it's a good time to level set, figure out what our current baselineis, and how growth is going to be impacting the network—and what we need to do in terms of programs and projects to address the need. There is a lot of development activity on the westernedgeoftown—River View Terrace and others on the west side. We also have activity picking upintheTigardTriangleanddowntown, and along corridors such as Hwy99W. Things are changing—it's time to go back and re-evaluate the programs, projects and policies. Finally, he noted that we also must be consistent with Metro's regional Transportation Plan. They just adopted a new plan in December 2018. We need to ensure that our plan is consistent with their regional plan. We will have a very robust public engagement component to this project. We will hold a conversation with the community on transportation issues and priorities so we can evaluate and re-set/adjust our goals and policies going forward. QUESTIONS/COMMENTS Dave asked the question "What transportation-related issues are of concern or interest for our community?" Among others, there were several general transportation questions and comments from the commissioners ranging from congestion problems; requests for increased parking for WES; transit needing to be efficient and timely; photo radar cameras with count down timers; to the idea of whether it's possible to have dedicated bus priority lanes. OTHER BUSINESS Assistant Community Development Director Tom McGuire explained the big projects that will be coming up in the new year. He informed the commissioners that the new Sr. Planner position has been filled by a current employee. Associate Planner Schuyler Warren began his new role as Senior Planner on December 2nd. President Feeney adjourned the meeting at 8:30 p.m. Doreen Laughlin, Planning Commission Secretary A I'1'LST: President Brian Feeney December 2, 2019 Page 5 of 5 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD 2019 Omnibus Code Amendments DCA2O 19-00002 Public Hearing City Council I January 7, 2020 CITY OF TIGARD Purpose and Recommendation: City Council to adopt the 2019 Omnibus Code Amendment Package as recommended by Planning Commission. CITY O 1, TIG ARD Policy Changes Removing and Replacing Ineffective Regulations Updating regulations for housing to comply with State Update the definition of "Story" to be consistent with the Oregon Residential Structural Code. Consolidate the Household Living and Group Living categories into one category: Residential Use. Remove the lot width/depth standard. Modify the rectilinear standard to only apply to quads, rowhouses, and single detached houses. CITY OF TIGARD Focus of Amendments General Housekeeping and Terminology Correct references Consistent phrasing o Replace "dwelling" or "unit" with "dwelling unit" o Replace references to "floor" or "level" with "story"; o Consistent phrasing changes such as, "An application for XX shall be processed through a Type XX procedure, as provided in Section XX" CITY OF T I G A R ID Recommendation: City Council to adopt the 2019 Omnibus Code Amendment Package as recommended by Planning Commission. CITY OF TIGARD Questions/Discussion City Council Testimony for DCA2019-00002 Omnibus Amendments January 7, 2020 SUPPLEMENTAL,PACKET FOR t- 7- .20 From: Robert Ruedy DATE OF MEETING) To: The Tigard City Council Reference Page 4, Section 18.60.040.A.3: Why does this section not reference Adult Day Care and Overnight Respite Care for Adult Foster Care, Residential Care, Assisted Living, Memory Care and other similar type businesses and/or facilities providing care services both permanent residents and temporary residents/visitors? Reference Page 4, Section 18.60.040.C: This explanation of"Examples" should also include the term "Residential Care Facilities", which are a different Oregon DHS category of care from those shown already as "Examples". Reference Page 35, Section 18.810.030.A.3.E: This paragraph appears to curtail many "non- conforming" property/lots that currently exist within the City of Tigard from providing and/or achieving State HB2002 objectives. Reference Page 36, Section 18.820.040.D.4: This paragraph appears to curtail many "non- conforming" property/lots that currently exist within the City of Tigard from providing and/or achieving State HB2002 objectives. Reference Page 37, Section 18.830.040.A.2.e: This paragraph appears to curtail many "non- conforming" property/lots that currently exist within the City of Tigard from providing and/or achieving State HB2002 objectives. Thank you for this opportunity to facilitate accurate changes to the Tigard Development Code. Respectfully yours, Robert E. Ruedy 27-year Tigard Property Owner, Resident, and Taxpayer 503) 819-7898 AGENDA ITEM No. 4 Date: January 7, 2020 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER DEVELOPMENT CODE AMENDMENT DCA2019-00002 OMNIBUS CODE PACKAGE This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 Date: January 7, 2020 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional: Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional:Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4060 5. Business Meeting One Meeting Date: 01/07/2020 Length (in minutes):20 Minutes Agenda Title: Consider Adoption of System Development Charge Deferral Prepared For: Mark VanDomelen, Community Development Submitted By: Schuyler Warren, Community Development Item Type: Motion Requested Meeting Type: Council Business MeetingOrdinanceMain Public Hearing: No Publication Date: Information ISSUE Shall the Council adopt an ordinance deferring certain local system development charges for residential development? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends adoption of the ordinance. KEY FACTS AND INFORMATION SUMMARY Over the past several months, the Community Development department has been examining administrative procedures in an effort to find efficiencies and modifications to help lower housing costs. Feedback received from the City's Development Advisory Committee indicated that the deferral of system development charges could be of benefit to developers,particularly smaller developers, as it reduces the costs of financing. Under current practice, SDCs are charged and paid at the time that building permits are issued. This means that if developers are using construction loans to pay for their SDCs, they pay the carrying costs of those SDCs throughout the process of construction. Construction loans are typically made at higher interest rates than conventionally-secured loans due to the higher level of risk.As a result, the costs of SDCs are higher the earlier they are charged in the construction process. By collecting SDCs nearer to the time of construction completion, the cost burden to developers and builders of financing these fees can be reduced. Deferral of SDCs represents a shift in the workflow programmed in the City's permitting software. The Building Division worked with the city's software consultant to determine a scope of work, cost profile, and timeline for the programming change and was informed in mid-November that the work would be completed by January. This policy is not expected to result in costs to the City other than the overhead to set up the software and administer the program. The City will still take in the same amount in SDCs,just on a delayed basis. The estimate to modify the permit tracking system to accommodate the deferral of SDCs until occupancy is approximately$1200. OTHER ALTERNATIVES If Council takes no action to adopt the ordinance, the City's SDC collection process will remain in effect and unchanged. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION November 5, 2019 - discussion Fiscal Impact Fiscal Information: Modifying the permit tracking software to accomidate the deferral of SDC's until occupancy would cost approximately$1200. Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYS 1'EM DEVEI.OPMENT CHARGES WHEREAS, Chapter 3.24 of the Tigard Municipal Code (TMC) establishes system development charges SDCs) for the City;and WHEREAS,under current code, SDCs are due and payable upon issuance of the building or plumbing permit to which the fees relate,with the exception of water SDCs,which are due and payable upon purchase of a water meter;and WHEREAS, the City currently allows deferral of transportation or park SDCs to occupancy for commercial and multi-family development,but not for single-family dwelling units;and WHEREAS,the City's Development Advisory Committee has recommended that City transportation and park SDCs be deferred for all development in order to lessen the cost burden to developers and builders of SDC financing costs;and WHEREAS,by reducing costs to builders and developers by shortening the time for which SDCs are financed, the City is aiming to help lower housing costs in Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1:Tigard Municipal Code 3.24.080 is amended as follows (additional text is underlined and deleted text is shown in.81/i:1i-oh:rotgh): A. SDCs are calculated and are due and payable as follows: 1. Calculation. SDCs are calculated based on the fees in effect at the time of submittal of the complete building or plumbing permit application to which the fees relate. If a building or plumbing permit is not required and a land use decision is required, SDCs are calculated based on the fees in effect at the time of submittal of the complete land use application to which the fees relate. 2. Due and Payable.Water SDCs are due and payable upon purchase of a water meter. All other SDCs are due and payable upon issuance of the building or plumbing permit to which the fees relate. If a building or plumbing permit is not required and a land use decision is required, all other SDCs are due and payable upon issuance of the land use decision to which the fees relate. D. Notwithstanding subsection A.2 of this section, the applicant may request apply for a deferral of payment of transportation or park SDCs to occupancy. ORDINANCE No.20- Page 1 or park SDC on a single family dwelling unit. The request must be made in writing to the administrator no later than the time of building permit application or,if no building permit is required,then upon land use application. Any deferred SDC must be paid in full prior to final inspection or the issuance of an occupancy permit -- :.. : . • -44 :: Odin perm. SECTION 2:If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3:This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only, this day of 2020. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 2020. Jason B.Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No.20- Page 2 Carol Krager From: MB <mkb@souljazz.net> Sent: Tuesday, January 7, 2020 6:37 AM To: Heidi Lueb Subject: Testimony: 1) Council should REJECT [or Table, NOT vote on] CORRUPT SDC deferrals at 1/7/20 hearing; 2) Planning did NOT post info/materials until Monday 1/6/20 afternoon! SUPPLEMENTAL PACKETImportance: High 7- D2 0FOR DATE OF MEETING) Caution!This message was sent from outside your organization. Allow sender I Block sender Hi Heidi, Wanted you to see this asap today,and the attachments. Best Wishes, Michael Subject: 1)Council should REJECT[or Table, NOT vote on] CORRUPT SDC deferrals at 1/7/20 hearing;2) Planning did NOT post info/materials until Monday 1/6/20 afternoon! Public Testimony for 1/7/2020: To: City Councilors, City Manager, City Planner: We've heard a lot of talk about "transparency" lately coming from some city officials. Unfortunately, while public officials typically talk 'the Talk,' most don't"Walk the Walk." And that is a major reason why many people do NOT trust government officials. The January 7, 2020 legislative public hearing proposal regarding possible SDC [system development charges] deferrals for single-family residential units should be rejected or tabled. [Relevant attachments included below] 1)The vital information regarding this proposal was deliberately withheld and concealed from the public eye,for almost a month, until it was finally posted in the afternoon of January 6,the day before the public hearing. [This detailed information should have been posted 20-30 days earlier on the city website, or mailed USPS to everyone.] 2) It was also not posted correctly, with a link at the critical Public Hearings webpage; therefore, hardly any citizens would even know how or where to look for the actual information. 3) No packet, No download link was posted at the Public hearing webpage. No information about this matter was otherwise conveyed to Tigard's citizens and property owners in a timely, professional, transparent, informative, or competent manner. This is the third related recent incident of the Planning dept. deliberately withholding vital information from the public until the last moment before a public hearing. [1) public hearing of November 27, 2018 regarding approving multiple ADUs (accessory dwelling units) on single-family zoned lots, etc., 2) public hearing of July 9, 2019 exempting SDC charges for ADU developers, and 3) public hearing of January 7, 2020 deferring SDC charges for developers. Note: All three of these public hearings were also purposely scheduled right after a public holiday, when the fewest numbers of citizens would be paying any attention: the Tuesday after Thanksgiving holiday weekend, the Tuesday after the July 4th holiday, and the Tuesday after the New Year's holiday.] 1 4) Ergo: So,what are city officials so intent on hiding?! The information just posted on Monday,January 6,the day before the hearing, appears to confer a direct financial benefit to developers of"single family housing units." If the term "single family housing units" would also somehow loosely apply to "cottage clusters,"too,then the wording of this measure was also carefully crafted to directly financially benefit Mayor Jason (and Jodi)Snyder,the April 2019 buyers of the R 4.5 "Low Density" residential zoned property at 13613 SW 121st Ave. The curious text of the measure would apparently specifically permit developers to request a deferral of Systems Development Charges, even after they have applied for a land use permit, but before applying for a building permit. Mayor Snider applied for a land use permit several months ago, in September 2019. So,this measure would actually be retroactive for some developers who applied for land use permits,which is Wrongful! A look at the Tigard current permits map reveals that only one would- be developer in Area 10 has applied to directly profit from the recent illegally approved zoning changes of November 27, 2018 [**explained], by applying to carve up a single-family residence zoned lot and build eight ( 8!) cottages on it which exceeds R4.5 zoning building standards,too!). What an amazing'coincidence!' NOTE:The November 27,2018 zoning/land use public hearing process was conducted without the OR state required USPS mailed advance notifications to all affected residential zoned property owners,which also should have contained: a)full details about this measure to sabotage single family residential zoning and further carve up single-family residential zoned lots into rental cubicles (thereby harming adjacent residential property values, neighborhood values, aesthetics, infrastructure,and environment), and 2) regarding the public hearing, and mailed at least 30 days in advance! That unprecedented meeting essentially destroyed long-standing single-family residential lot zoning in Tigard (the legislation effectively limited and restricted our longstanding neighborhood property guarantees that had,for decades, protected our own single family residential lot neighborhood zoning),and in a very radical way, by also undoing many of the conditions in the recent TMC(Tigard Municipal Code)ADU code sections of 2017. (These reckless actions [and lack of"due process"] are in stark contrast to the careful ADU restrictions that were imposed by our adjacent cities: Lake Oswego,Sherwood,Tualatin, etc. councils). Tigard had already approved an updated ADU ordinance the year before (2017), which complied with recent state legislation. At the November 27 hearing, the councilors and public were told a blatant lie by the recently-hired ignorant young carpetbagger city planner(Warren): that multiple ADUs, no off-street parking requirements, no owner-occupancy required, and no size restrictions, etc. were certain to be passed by the legislature. In fact, in 2019 the Oregon legislature passed a watered-down version of the original bill. Furthermore, at that November public hearing, NO Tigard officials present said or did anything whatsoever to represent the concerns of the 99%of the residential zoned property owners adversely affected by the zoning changes. Instead, these officials spoke of catering to developers and development interests, while falsely pretending and alleging this legislation was somehow for the benefit of senior citizens 'aging' in place, by renting out accessory dwelling units. We, the public,were all fed a total lie by city officials and planners! I was present at that Nov. 27, 2018 hearing and at the outset objected to the fact that lawful "due process" was NOT followed at all, and that the spirit and letter of Oregon laws was being blatantly violated. The city was required to mail out notice to each and every residential property owner potentially affected by these zoning changes. Other cities duly notified their citizens in advance by USPS;Tigard did NOT! Therefore,the legislation of November 27, 2018 was illegal, and the zoning changes made at that meeting are INVALID, and can be challenged. [btw, When I publicly stated that the legislative hearing was therefore unlawful, nobody in the chamber(not any councilors or city attorney) contradicted me!] I strongly urge the present City Councilors to revisit the matter entirely,to void the reckless legislative zoning changes made at that meeting, and thereafter to proceed by prudently and properly(and fully, with all details disclosed) informing the affected residential property owners by USPS no later than 30 days in advance of any hearing. In the meantime,the city should NOT be giving out any permits for ADUs, cottage clusters, row houses, and quads UNTIL such time as this matter has been entirely reviewed, the Nov. 2018 zoning changes voided, and the public duly notified in advance, so that all citizens who might be thereby harmed (including their residential property values)can attend such public hearing(or email/send their testimony/comments). The three other persons who even showed up that night for the hearing (each seeking to develop property) had clearly been recruited, 'cherry-picked', and contacted by city planners. All the ADU mentions on the city website (prior to that 2018 hearing),and all the planners'ADU presentations were clear recruitment tools for those seeking to develop properties; meanwhile,the concerns of 99%of homeowners were totally ignored—Planning did NOT want any public opposition, so the planners abused their public employee positions to manipulate and effect the desired result. 2 Timeline: November 27,2018: previous city council approves zoning changes (allowing multiple ADUs, and undoing numerous 2017 protective conditions(TMC code), etc.), without Oregon mandated proper advance notification mailed USPS to each and every affected residential property owner. April 23,2019:the Sniders purchased the 13613 SW 121st Ave property, a single family residence zoned property with an existing house, with intent to develop. July 9th,2019: during business hours, a contracted developer agent (C.Staggs)working on behalf of the Sniders, filed with the state of Oregon, to create an LLC for the Sniders' real estate development: 121st Avenue Cottages LLC. July 9th,2019: later that same evening, Snider and others vote to give SDC exemptions to developers of ADUs. Immediately prior to their voting"Yes" on this issue, Mr.Anderson and Mr. Snider spoke on behalf of assisting contractors/developers. Yet, the city's original representations of the ADU rezoning proposals repeatedly and falsely stated that the measure was intended to help senior citizens keep their homes (NOT benefit profit-seeking outside contractors/developers). Speaking as a senior citizen, I find that lie to be particularly offensive. On the public television video transcript, realtor-councilor Mr. Anderson stated that he had been talking to a lot of"contractors," and they didn't know about the new zoning changes. As a Tigard realtor(on Main St), he was hence clearly proactive in providing information that might encourage them to buy and convert single-family residential lots into profitable developments. After all,that's potential business: soliciting clients(buyers and sellers) and hefty commissions for himself, right?! At NO time during their testimony/comments did Mr.Anderson or Mr.Snider express any concerns whatsoever regarding giving these free handouts to developers of residential properties. As a realtor seeking clients(buyer and seller agent), listings, and sales in the city of Tigard, but who also sits on the City Council (and who was on the Planning Commission),where is there any clear line of demarcation between realtor-councilor? This observable"conflict of interest" (and how it affects his council votes) is quite concerning to informed citizens. [And if he's running for a Metro office this year,then he does Not have the requisite time to dedicate to serving as a city councilor here. (During election season, it might be instructive to see which PACs and individuals make sizable contributions to the campaign:you can check the OR Sec. of State Elections website or Google search Follow the Money. Filling Don Morisette's shoes...)] September 9th,2019:the Sniders apply to the Planning Dept.to construct eight(8)cottages on the single-family residence 'Low Density' zoned lot. December,2019: Planning schedules a Jan. 7, 2020 hearing to give further handouts to developers in the form of SDC deferrals. As worded in the proposed ordinance,the ordinance would confer financial benefits(SDC fee deferrals) on those developing single family detached units. The wording appears to confer a direct financial benefit on developers in the position of the Sniders. When the public hearing on these development fee deferrals was being scheduled, it would be reasonable to surmise that Mr. Snider(as mayor) also had some contact[s] and discussions with the Planning Dept.on this matter. 2019:The City of Tigard Planning Dept. (yet again) posts patent political content on the ADU page, politically advising and urging persons living in HOAs to undo their CC&Rs (aka destroying their HOAs),so that such selfish persons could profit from destroying their subdivisions and adjacent neighbors' property values! That is WRONGFUL conduct for city officials (our public employees)to publicly"politically" urge unprincipled and selfish persons to seek to destroy HOA protected subdivisions. That's insidious of the current planners responsible for the posting on the website. [Note: most of the city planners do NOT even live in Tigard!] How dare any public employee "politically" advise city residents to actively work to destroy their HOAs, CC&Rs, and single-family residence subdivisions! Whoever wrote that post should be fired immediately! At the November 27, 2018 public hearing,the city council (and the planner) promised HOA and CC&R legal deed restrictions would be respected by the city and the planning department. That false promise has turned out to be yet another lie- and literally a publicly posted betrayal. [Historical FACT: It was the City of Tigard (and planners) itself that encouraged numerous subdivisions to institute perpetual CC&Rs, in the first place!! And HOAs and CC&Rs make the city's job easier(i.e. code violations/enforcement), while maintaining and improving property values (aka the property tax revenue base).] 3 January 7,2020:??ll 'Conflicts of Interest,' and maybe worse...Corruption. Or,either a)reject the deferral proposal,or b)specifically exclude'cottage clusters'from any SDC fee deferral(and add compounded interest to any deferred SDC fees),or c)simply table this matter for now,and then thoroughly review all relevant, available information(including the enclosed attachments and comparisons). Regarding developer exemptions and deferrals: SDC exemptions and deferrals for developers are Wrong! The City of Tigard repeatedly tells us it needs more money, it can't function without another levy, etc. The City continually seeks to raise its residential citizens' property taxes,while conversely giving wholesale tax breaks and financial incentives to mercenary developers who seek only to profit from carving up our single-family lot residential zones—and in the process clearcutting trees, creating high human density, harming air quality, increasing traffic congestion, increasing parking congestion, burdening our potable water resources, increasing school crowding and need for additional funding, harming our property values, harming the livability of our neighborhoods, and overall costing Tigard residents who then have to pay higher taxes to government agencies to support this entrenched corrupt system of real estate handouts and political kickbacks. [Historically, a pattern of corruption (including misc. scams, i.e. President's Parkway) has infected a series of revolving Tigard-based elected officials for decades.] SDCs: NO to Any/All Developer Exemptions;and only consider"Compounded Annual%Interest" for Any/ALL SDC deferrals: SDC deferrals are, in fact, a financial handout to contractors/developers–and a scam. The actual basic costs of systems development increase annually(and with inflation). 1) By exempting SDC fees for ADU developers,you have by fiat passed the entire cost of what they themselves should pay for connecting their mercenary rental[s] onto the rest of us. 2) By deferring SDC fees(i.e. and including transportation and parks fees, etc.), the actual fees/costs are thereby passed along to the rest of us, because somebody else has to pay for these increasingly costly systems/govt services during the time these properties are being developed. Note: If someone wants to build a house without having all the sufficient funds, then that party has to take out a loan payable over a set number of years, with compounded interest. If you charge up your credit card, you'll pay 18% interest compounded annually. SDC deferrals without any specificied interest rate are therefore a corrupt handout to real estate developers, in the form of a free loan. There should NOT be any SDC deferrals, unless the SDC deferral also entails compounded interest. It is most unconscionable and reprehensible for city officials, for years,to repeatedly give wholesale handouts to real estate developers (SDC exemptions and deferrals), while making the rest of us pay for it in higher property taxes, at the same time that the city officials keep whining that there isn't enough money for the police to even patrol residential neighborhoods. Apparently, in government (at every level), there is NO fiscal accountability! In conclusion,please reject or table this legislative matter, review it (and compare the ADU ordinances, etc. with what all the more responsible and cautious, adjacent cities have done on this matter),void the invalid code sections 11/27/18 hearing legislation violated due process per OR), redo the original hearing (ADUs)for proper advance citizen USPS notification, and do so honestly and fairly in the spirit and letter of Oregon statutes, and please advise every public employee [ir]responsible at Planning to "shape up, or ship out." The city planners involved should immediately and henceforth CEASE abusing their public employee positions and STOP blatantly and improperly foisting their own personal political agendas down the throats of our citizens. Submitted on behalf of other outraged Tigard citizens, Sincerely, Michael Brewin, (Tigard property owner and resident for 30+years) Tigard, OR Formerly: Aide, Hon. Ron Wyden;Advisor,Tigard Chief of Police; Facilitator, City of Tigard; Newspaper Editor; College Teacher; Author; Producer 4 ATTACHMENTS: Part 1 (Planning Dept.): CONCEALMENT: For 30 days right up to 1/7/20: No explanation provided, and No links to a packet or download. Actual material Not posted until p.m. 1/6/20, on an obscure unlinked webpage (and accessible only by lowering/disabling one's computer browser security settings). CITY OF TIGARD Public Hearings and Public Notices PUE Tigi Current meeting materials for City Council and other City meetings. Hearing dates are tentative and subject to change.The 1 physi prop( ovine MON., JANUARY 6 - HEARINGS OFFICER prop ART RUTKIN ELEMENTARY SCHOOL Tigan from you y TUES., JANUARY 7 - CITY COUNCIL Sa`isl be or OMNIBUS CODE PACKAGEt , SYSTEM DEVELOPMENT CHARGES Occur RESIDENTIAL PARKING prop( bi cyrc jewel PUBLIC HEARING: City Council items Tuesday, January 7, 2020, 7:30 p.m. sil ort items Tigard Civic Center Town Hall, 13125 SW Hall Blvd., Tigard, Oregon To fil ITEM: Omnibus Text Amendments / DCA2019 00002 plea Proof STAFF CONTACT: Agnes Lindor, Associate Planner, agnes©a tiaard or.gov or Blvd, 503 718 2429 503-1 ITEM: Legislative Public Hearing: Consider Adoption of System Development Charges Deferral PUE STAFF CONTACT: Schuyler Warren, Sr. Planner, schuvlerw©tigard or.aov or The C 503 718,2437 Tigai Fant' ITEM: Public Hearing: Consider Resolution to Amend Master Fees and Charges Tigan Tigar Schedule for Residential Parking Fees 4: F STAFF CONTACT: James McDonald, Commander, iames.mcdonald©tigard or.aov or on h+l( 501 718..2572 Dowr Required Public Notices Not Sent by City of Tigard 2018: 1) Planning Commission Hearing, 2) City Council Public Hearing 5 This h to notify you that the City of Tl rd is proprwing a land use reTtulation that nu+ affect the permistal4e in45o45of your peop<m° and other properties, Tigard Planning Cant mission PUBLIC HEARING Why am I getting this notice? You are receiving This notice because you live,own property,or operate a business in the City of Tigard.The city has determined that adoption of the proposed(Ode amendments may affect the permissible uses or value of y sr property and other properties in the affected zone. On Monday,October 2, 2017,the Tigard Planning Commission will hold a public hearing at Tigard City Hall, Your input is we'come at the public hearing and any time in person,online or over the phone The proposed Code charges are available at the Tigard City Hall.Permit Center at 13125 SW Hall Blvd and online at tigard-orgovi[odeUpdates What are the proposed code changes? The City of Tigard has undergone a lengthy process to update and revise the current code. The proposed code charges are mostly administrative in nature The changes focus on: gr DATE, General code housekeeping to increase consistency and remove redundancies 2017 no policy charges(, unE: Reorganizing and consolidating the curter 7 P.M. code structure(no policy changes). Replacing outdated and t toearter; ineffective regulations. its r Nag Streamlining existing processes oft fandprocedu'es, Addressing minor dehcienc:es in the code. Portland sent/sends Public Notices to affected property owners: 6 tlt Thi'CITY OF PORTLAND r,, ;,_,, Select Language Search FortiandCregnn.gov atr Hon* clic trwn wit e..rs.us 8 omo.s of ass slay of rorwna Slpn In Aa PHONE 14 Planning and Sustainability COMMIX FK Mir 4) Innovation.Collaborator.Practical Solutions. 1900 SW 4th Ave,Suite 7100.Portend. ania Planning SuataitablIty f Garbage,Racytirrq And Composting Zoning Cod. Smart sty PDX PSC Calendar About Panning Boer Helaine by 0aalp Nem and upe*,s Recent Articles Have you received a City of Portland notice in Testily to City Council about the Better Housing by Design ofect the mail? Bolter Housing Dy Design Proposals Move Forward Welcome to the Better Housing by Design online'custome• Balancing housing opportunity and service page. We're glad you're here, NOTICE Of MONISM ZONING COOL UM Compabba0y in the Alphabet and MAP AND COMM NENfIYE PLAN MAP(NA THAT MAY AFFECT THE PEA1E1IS5.1E LE UW King's HD historic dstrcts Perhaps you received a not'ce n the mail that-oaks ike YOUR PROPERTY ANGOTM[R PAOR[R11 this and you're not sure exactly what it means. m.OAormolu Me Plaan ng and Susxinatxlhty n Commission begins week sessions CO Or maybe you heard about proposed rules that would Proposed now rulesfor Portland's change the zoring for apartment buildings and other multi-dwelling zones higher density residential builc rgg Pp^ranocrs telt the Planing and Or both. Sustanabilty Commiss..an what they a_ tftrik about Better Mousing by Dos n You are not alonel.Some 33,629 property owners received the mailing pictured at right from Me City a proposals for higher density housing Portland. This is required oy slate iaw whenever a change in the zoning could affect the value of a Public haarng en now lutes for multi- property — up or down. Your address was pulled from the County Assessor's Office. tardy housing on June 12 at PCC 41111111111110.....1.1.111111.111111111 Southeast First things first Better Housing by Design testmany Hrs.!thing to know is that these changes are proposals — not The law.We hope you'll learn more aboi twntlenl deadl.rre extended to tire'.- and tell the Planning arid Sustainaolilty Commission (PSC)what you think. Any new rules must I Monday, Irina 25 at 5 P m, adoptee by City Council before they become effective And before adoption,they are refined and char Better Reusing by Design ants to based on aub,ic tcst.mony,as well as PSC and City Council amendments. sake apartment living better in Portland Second these proposals do not require you to sell your sand o,r do anything to your property. Have you removed a City of Parona We're here to help nc ice in the mail? Better Hat sing by Design draft We want to help you understand the propose and how it may affect yot and your property. You can. Zoning Code amendments now available for review Cal the Helpline at 5.03-823=0195.Friendly staff wsl ,odk up your address and tel you now Mr proposal would affect your property, Ideas lot improv g multifamily dervelopmern re=eased Look up your address on the Map App to find out what rules apply now and what could be proposed 7 NOTICE OF PROPOSED ZONING CODE,ZONING MAP AND COMPREHENSIVE PLAN MAP CHANGES THAT MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY AND OTHER PROPERTIES Wh+i*HI this mean fee mrr eos.Ana'Tas4 w lrrrlhw..r:Cq..FK+w..pFe./ws Ws.w+. adalil.T.M.F aa/.l ITb! a=i'V'sia,. w+r .+®w.w..sear..,..i. rrc.«=a... w'sw..,..9 rx..+ Highly Improper 'Political' activist meddling by a public employee[s] [City Planner]: 1) Publicly encouraging people to undermine and politically lobby to undo/change their legal deed restrictions [CC&Rs], either for their own selfish monetary gain and/or to selfishly slummify their formerly protected HOA type subdivision; 2) Publicly encouraging people on how to skirt the laws, and live in trailers on blocks! Tigard webpage excerpt: necessary HOA approvals before starting the land use and permitting process. If you find that your community's CC&Rs restrict ADUs, consider working with your neighbors and the HOA to amend the CC&Rs to remove obstacles to ADUs. Are tiny homes ADUs and vice versa? Under the Oregon state building code, a tiny home is any house that is under 400 square feet. Tiny homes on wheels are considered recreational vehicles. In Tigard, it is not legal to live in a recreational vehicle in most residential zones. However, if placed on a permanent foundation, a tiny home can be considered an ADU. So, while some tiny homes can be used as an ADU, not all ADUs are tiny homes. Part 2 (ADUs, All adjacent cities): Accessory Dwelling Units — Comparison — Local Cities: Number allowed: ADU ! ONE ADU allowed! (NOT 2 !) Lake Oswege : 1 Sherwood : 1 Tualatin : 1 Wilsonville : 1 Beaverton : 1 Portland : 1 Hillsboro : 1 Owner Occupancy Required of primary unit or ADU: YES 8 Tigard : Yes (Current) Lake Oswego : Yes Sherwood : Yes (+ NO rental of owner occupied unit). YES! Size: Tigard : (keep Current code) may not exceed 50% of primary unit, up to max of 800 sq ft Sherwooc : not to exceed 40% of primary residence: Beaverton : not to exceed 50% of primary unit (incl garage), up to max 800 sq ft. uala « : not to exceed 50% of primary unit, up to max 800 sq ft. Wilsonville : maximum is 600 sq ft. Lake Oswego : not to exceed 800 sq ft. Hillsboro : detached ADU not to exceed 750 sq ft.; or 450 sq ft max. if 5 ft from rear/side property line; ADU height Not to exceed 10 ft. Number of ADU Occupants Permitted: needs clear limit! Lake Oswego : No more than two persons. 2 Tigard : Limited by state building code (sq ft] (Current) Hillsboro : Not to be occupied by more than 3 persons. Sherwooc : Not to exceed household number, calc. by sq ft [other code section] Home Occupation Type II Prohibited on properties with ADUs: POI-Han : NOT allowed (no customers, no employees) Parking: Must have additional off-street parking space[s]: Y Tigard : Yes. 1 off-street parking space shall be provided for the ADU. This space shall be paved or covered (Current!) Lake Oswego : Yes Sherwood : Yes Hillsboro : Yes, Must have at least 1 additional off-street parking space. Tualatin : Yes, Must have 1 paved additional parking space, and NOT within 5 ft of a side or rear property line. NO ADU front entrance, at ground level: 9 Tigard : No ADU entrance located on front of primary unit, unless such door already exists (keep Current) Tualatir : No ADU entrance permitted with street frontage, unless such door already exists. Hillsboro : NO ground floor entrance permitted on front of primary dwelling; NO front ground entrance permitted for detached ADU. Sherwood : ADU entrance must be "unobtrusive" from front view of primary unit. Fees: SDC[System Development Charges for an ADU] YES!! Beaverton : Yes Permits Required for ADU: = Revenue + Oversight All Cities : Yes Garage Conversions Prohibited: Tigard : NO Garage conversion[s], unless it is rebuilt as part of the primary structure (Current) Tualatin : NO Garage conversions! City can impose conditions to protect neighbors: YES! ! Lake Oswego: re height modifications, landscaping, buffering and orientation of the ADU to protect privacy of the neighbors. ADU Living Unit Separation from Primary Unit: YES! Beaverton: res NO selling ADU as separate unit: YES! Tualatin : ADU NOT to bt sold, or as condo 10 d weir Lake Oswegoopec„,.. Home Contact Bookmark Text: v. Retail In the IF zone, this use is limited to 25% of gross floor area, rot to exceed 5,000 sq. it. per business. vi. Accessory Dwelling Unit 1) Generally Applicable Standards An accessory dwelling unit(ADU)may be allowed in conjunction with a single-family dwelling by mnvers floor area, by means of an addition, or as an accessory structure or the same lot with ar existing dweliin5 following conditions are met: AM a) The site is large enough to allow one off-street parking space for the accessory dwelling unit in required parking for the primary dwelling. The required parking for the ADU may be locates within th setback on an existing driveway provided the parking does not encroach into the public right-of-way, b) Public services are to serve both dwelling units. c) The maximum size of the ADU is limited to 800 sq.ft.of gross floor area, except where a panic existing as of August 2,2018,is converted to an ADU up to 200 sq,ft.of floor area consisting of circ halls,stairs, etc.),chimneys,and heating and ventilation systems is excluded from the gross floor a d) No more than one additional unit is allowed. e) The unit is in conformance with the site development requirements of the underlying zone,indi adjustments and additions listed in the base zone, or is located within a lawful nonconforming structs located in a structure that was previously granted a variance pursuant to LOC Article 50,08(provkle variance for the structure was not obtained solely to locate an ADU on the site,the inability to site ar is not an unnecessary hardship). f) One unit shall be owner-occupied/the principal residence of the property owner.The owner sha record a declaration of restrictive use in the appropriate County Clerk deed records prior to issuance permit for the ADU on the lot.The declaration shall state that use of the parcel is subject to compliar of Lake Oswego's ADU requirements, including the requirement that one of the dwellings on the lot., occupied/the principal residence of the property owner,in order to permit usage of an ADU on the to g) The following standards shall be met where a detached ADU is placed less than ten ft,to a pre i) The ADU entrance shall be placed no closer than ten ft.to any property line; 1118 ii) A six-foot-tall sight-obscuring wood fence shall be provided along the subject property line back to the closest side/rear property corner,and iii) Where a wall that is less than ten ft.from a property line contains window(s), the window I shall be at least 72 inches above the finished floor of the ADU. h) For an internal conversion ADU,the required separate entrance to the ADU shall not be placerlrT facade of the existing house. No variance to this limitation is permitted. BIM 2) Standards for Specific Zones a) In the R-5, R-3,R-2,and R-0 zones this use shall be associated with a detached single-family b) In the R-15, R-10,R-7.5.R-6,and R-DD zones this use is limited to one per lot. TS Ord,2784,Amended,07103/2018: Ord. 2732,Amended,02/21/2017,Ord,2723,Amended, 10/1812016;Ord.252 12/18/2012;Ord.2578, Repealed and Replaced, 03/20/2012) 11 Sherwood: 12 An Accessory Dwelling Unit(ADU) is a habitable living unit that provides the basic requirements for shE cooking and sanitation. The purpose of an ADU is to provide homeowners with a means of obtaining renta companionship and security. ADU's provide Sherwood residents another affordable housing option and a I independently with relatives, Ord. 2000-1108, § 3) 1632.020 - Requirements for all Accessory Dwelling Units All Accessory Dwelling Units must meet the following standards: A. Creation: One Accessory Dwelling Unit per residence may only be created through the methods: 1. Converting existing living area, attic, basement or garage; 2. Adding floor area; 3. Constructing a detached ADU on a site with an existing house; 4. Constructing a new house with an internal or detached ADU, B. Owner Occupancy: The property owner, which shall include the holders and contract p occupy either the principal unit or the ADU as their permanent residence, but not both months out of the year, and at no time receive rent for the owner-occupied unit. Number of Residents: The total number of individuals that resr ernof units may no number that is allowed for a household. D. Location of Entrances: The primary entrance to the ADU shall be located in such a mar unobtrusive from the same view of the building which encompasses the entrance to tr t E. Parking: Additional parking shall be in conformance with the off-street parking provisic Ifamily dwellings. FF.F. Floor Area: The maximum gross habitable floor area (GHFA) of the ADU shall not excee GHFA of the primary residence on the lot. LG. Setbacks and Dimensional Requirements: The ADU shall comply with the setback and c requirements of the underlying zone. In addition, there shall be a minimum ten (10) fo between the primary residence and the ADU. H. Design and Appearance:The ADU shall be designed so that, to the degree reasonably I appearance of the building conforms to the original design characteristics and style of and appears to be a single-family residence, I. Partitioning: An ADU shall not be partitioned or divided off from the parent parcel. 13 City of Sherwood AMENDMENTS TO CHAPTER 16.52. ACCESSORY DWELLING UNITS Strikeout = rir.ieted text Bold italicized=proposed text 16.52.010 - Purpose An Accessory Dwelling Unit(ADU) is a habitable living unit that provides the basic requirements for shelter. heating, cooking and sanitation. The purpose of an ADU is to provide homeowners with a means of obtaining rental income, companionship and security.ADU`s provide Sherwood residents another affordable housing option and a means to live independently with relatives. Ord.2000-1108. §3) 16,52.020-Requirements for all Accessory Dwelling Units All Accessory Dwelling Units must meet the following standards: A. Creation:One Accessory Dwelling Unit per residence single-family detached dwelling may only be created through the following methods 1. Converting existing living area, attic, basement or garage: 2. Adding floor area; 3. Constructing a detached ADU on a site with an existing house: 4. Constructing a new house with an internal or detached ADU. B. Owner Occupancy: The property owner, which shall include the hoders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence. but not both, for at least six months out of the year, and at no tine receive rent for the owner oc•cup ed unit. C. Number of Reside. ts: The luta' nun oer of combined residents individuals ;t,_: can live reside in both units (the ADU and the primary house) is limited to the total allowed for one family as defined by this code. may not exceed the number that is allowed for a household, Under the SZCDC, a family is defined as follows: Family. One person living alone or two or more persons related by blood. marriage or adoption: or a group not exceeding five persons living together as a single housekeeping unit, excluding occupants of a boardinghouse, fraternity, hotel or similar use. D. Location of Entrances The priina.y entrance to a detached - ADJ shall not be visible from the street that the primary residence is addressed from. beiocated-ire such a-mariner as to be unobtrusive tram the same view of the building which E. Parking- Additional parking shall by in conformance with the off-street parking provisions for single-family dwelings. If the ADU has more than one bedroom conformance with the Multi-Family parking standards shall apply. Page I vfi 2 14 City of Sherwood [pg 21 F.luor Area: The maximum gross habitable floor area (GHFA) of the ADU shall not exceed 800 square feet or 40% of the GHFA of the primary residence on the lotwhicheverisless. G. Setbacks and Dimensional Requirements: The ADU shall comply wwth the setback anddimensionalrequirementsoftheunderlyingzone. A detached ADU shall only belocatedintherearyardoraboveadetachedgarage. t. n dditi , r-e-s-14a41-be-a minimu-m-teed es ary residence-and-The-AM/7 ImmoMINIIMA H. Design and Appearance: Height: The height of a detached ADU shall be no higher than the primary residence. A detached and attached ADU shall meet the following standards for design and appearance. The nryt s afi be f, esi feasible, the appearance of the building conforms to the original design residence. Design and Appearance Standards: Detached ADU's must meet one option from each row below Exterior Must be the same or visually OR Siding made from wood, composite Finish match in type, size and boards. vinyl or aluminum products.Materials placement, the exterior finish Siding must be a shingle pattern or in material of the primary a horizontal clapboard or shiplap structure pattern _< 6 inches in width Roof Pitch Predominant roof pitch must OR Roof pitch must be at least 6/12 be the same as the predominant roof pitch of the primary structure Trim Must be the same in type. size, OR All windows and door time must be at and location as the trim used least 3.5 inches wide on the primary structure Eaves Same projection distance as OR All eaves project at least 1 foot from primary structure the building walls END OF CODE AMENDMENTS) Tualatin: 15 City of Tualatin www,fiu tltttinores;un.gov OVERVIEW OF ADU STANDARDS AND CRITERIA see 34.310 for full text) Where ADUs are allowed: Only in the RL Planning District, or the RML Planning District in a Small Lot Subdivision On the same lot as a primary(single-family)dwelling Only one accessory dwelling unit is allowed Per primary dwelling- AUU Stir. ture and Design: Design must include: o Two or more Residential Roo'Design Elements ane; c-- ,er-mcre s lel sig Elei -sts Maximum size: no more than 50%of the gross floor area of the existing house and garage, up to 800 square'eet ADU front door must riot face the same street frontage as the primary dwelling's front door except where the door already exists] I • Garage conversions are not permitted Where an attached ADU is being built as an addition to an existing house.the gross floor area of the existing house may not increase by more than 10% An attached accessory dwe ling unit must be connected to the primary dwelling by an internal doorway Site Requirements: One additional paved on-site parking space must be provided for the ADU, in aodition to the two parking spaces that are required for a primary dwelling. New parking spaces must not be within five feet of a side or rear property line. Note that garages do not count toward parking minim ; ADUs must not be located in front of the primary dwelling ADUs must comply with all applicable zoning standards(e.g.. setbacks and lot coverage Common ownership requirements: ADU must be served by the same water,electric and natural gas meters as the primary dwel Ing, un ess other applicable requirements prohibit it ADU must no: be sad separate or as a condominium Building code requirements: ADU must comply with all applicable Oregon Slate Building Code Requirements Detached ADUs generally need to be sited at leas:six feet away from the primary dwelling in order to avoid any'irewails, tire-rated construction of overhangs, or fire-raked windows. Wilsonville: 16 Urdinance No. 815 exhibit A City of Wilsonville 11) Accessory Dwelling Units. A. Accessory Dwelling Units, detached or attached single family dwellingg towhich it is acce shall be permitted outright, subject to the standards requirements of this Section are permitted subject to the Stan and requirements of this Subsection. B. Standards 1. Number Allowed a. For detached dwellings units and attached single-famil dwelling units:IOne per dwelling unit. b. For all other attached dwelling units: None. 2. Maximum Floor Area: per definition in Section 4.001, 800 s feet of habitable floor area. Per Subsection 4.138 (.041 C. the Old Town Overlay Zone the naximum is 600 square f+ habitable floor areae - - Beaverton: 17 Ci of Beaverton 0 Building Code Considerations for BeaAccessoryDwellingUnitsk Valid for 2018, Check for Annual Updates) Property owners contemplating adding or creating an accessory dwell ng (ADU) unit on their single-family residential' within the City of Beaverton need to be aware of a number of things.City staff are available to meet informally or ttur pre-application meeting prior to design/construction in order to offer feedback.etc. Land Use and Zoning: Business owners need to verify their proposed ADU is compatible with the zoning of the grope Contact the Planning Division to verify the allowed business uses at the specific property. Please call 503-526-2420. 4•..Nw.negivertr.)noregpn.gov/Pl.mint.) City Development Code: Chapter 40 and Chapter 60 include regulations for ADU'setie ADU is permitted er detc dwelling unit regardless of zoning district. Find these codes online at::w w.b. avertonoTegnn govr4asrt,ev pnlent-( Building Plan Review and Permits: For information on building permit applications.plan review requirements and fr please call 503 526 2403. w w,beaverteroregon,gov/Buildinej State Building Code:The current Slate Building Code (SBC) includes:The 2014 edition of the Oregon Residential Spe Code (ORSC):the 2014 Oregon Plumbing Specialty Code (OPSC):the 2014 Oregon Electrical Specialty Code (OESC), these codes on-line.please go to: state.on este rr of iccilpr grams/online caCte$,t tell BUILDING CODE INFORMATION The information listed below are specific SBC and some City i Development Code References. For more information about how these requirements apply to an ADU, please contact the Building Division,503-526-2403. Accessory Dwelling Unit Definition. An ADU is a secondary AiliP i dwelling and defined as a single unit providing complete independent living facilities for one or more persons,including permanent provisions for living,sleeping. eating, cooking and sanitation.ADU's are normal, incidental and subordinate to a PA.detached dwelling.The ADU can be created by conversion of existing living area,attic,basement or required parking; or adding floor area.subject to the limitations of the zoning district in which it is located;or constructing a new structure, attached structure.or manufactured home with an internal I or detached accessory dwelling unit. An ADU must be completely separate from the primary dwelling unit (cannot Ai have inter-communicating doors or openings).The ADU shall have a separate exterior entrance or a common internal area accessible to the outside. A living area is not considered an ADU if it locks any one of the items that define a dwelling unit or if the living area is not fully separated from the primary dwelling (i.e., there is a doorway or opening to where the two spaces intercommunicate) or does not have a separate exterior entrance or a common internal area accessible to the outside.If this is the case, it is considered additional living area of the primary residences and is not approved for rent, lease or hire. Maximum ADU Size. An ADU created by an addition or within the interior of an existing primary dwelling area cannc exceed fifty percent of the gross floor area of the primary dwelling or 800 square feet.whichever is less, See the City etopment Code for additional requirements. www.beaverlonoregon govlindex.aspx? D-463 Bui(dmrtg Permit Re.uired A building permit is required for creating an ADU (mechanical,plumbing and electrical permits ra'ioy a • .- "e.owed).Scaled drawings ore required that include (not all may be applicable):Site Plan showi the location of ADU on the property,including distances from property tines and other buildings or structures;Floor Pia ekn+a,in ON r^I2M nnrinnr ;..-halt#•r nil rnr.w+r ;onto rrdn nvir{inon inn,s,rfnnr nnnl.an n.-ir,..,h,n or .,FNA ri-rnr 1"nr.+nnr nr nnrin nn 18 19 City of Beaverton (pg 2) uniform load. Engineer's calculations when required or provided, (i.e.,shear wall, roof truss) shall be stomped by an EarchitectlicensedinOregonandshallbeshowntobeapplicabletotheprojectunderreview. New Construction and Additions. When an ADU is constructed as an addition or separate detached accessory stconstructionshallcomplywiththerequirementsoftheOregonResidentialSpecialtyCodeasatwo-family dwelling cDevelopmentCode. Alterations to the Existing Dwelling. When an ADU is created by converting existing space within the primary dweconstructionshallcomplywiththerequirementsofthe0RSCandCityDevelopmentCode, except as modified bele Living Unit Separation. Where existing finished walls and or ceilings are used as part of the separation of the Aprimarydwellingunit. they shall be covered with wood lath and plaster or minimum '.{?.-inch gypsum wallboard, i condition. Where new walls and or ceilings are created, or where they are not finished, they shall be constructe a listed one-hour fire resistive assembly, including sound insulation requirements.Where the ADU and primary dvshareacommonarea, doors from each shall be a minimum of 1-3/8-inch solid wood or 20-minute fire-rated. Room Sizes. Every ADU shall have at least one habitable room (spaces used for living, cooking, eating, and slenotlessthan120squarefeetoffloorarea. Other habitable rooms (except kitchens) shall be no less than 70 squcfloorarea. Ceiling Heights. All habitable rooms: hallways. toilet and, laundry rooms require a minimum ceiling height of seRoomswithslopedceilingsrequireatleast50percentoftherequiredfloorareatohaveaceilingheightofseve no portion of the required floor area may have a ceiling height of less than five feet. Conversion of existing spa(a minimum ceiling height of not less than 6 feet 8 inches. Light and Ventilation. All habitable rooms shall have glazed openings of not less than eight percent of the roc area, and a minimum openable area to the exterior of four percent of the room's floor area. Emergency Egress. Sleeping rooms in the ADU are required to have an emergency egress door or window the directly to the exterior. The egress openings shall have a minimum net clear opening of 5.7 square feet (5 squara windows opens directly at grade level).The minimum clear opening dimensions shall be 24 inches height and 2i wide. Emergency egress doors or windows shall be openable without any special knowledge, tool or key. Doors. The ADU shall have a side hinged exit door that is a minimum of 36-inches wide and 6 foot eight inches I Smoke and Carbon Monoxide Alarms. The ADU and primary dwelling unit shall be equipped with smoke al( any fuel burning appliance is present. The ADU and primary dwelling unit shall be equipped with carbon mono) Energy Conservation. New construction, additions and spaces not previously heated or cooled are required I the SBC energy efficiency requirements.All new doors and windows are required to meet the SBC energy efflcicrequ'ements. Electrical Systems. The ADU must have access to the electrical service panel. Any electrical work must be per licensed electrical contractor. Heating/Cooling Systems, The ADU must have a separate heating system (and cooling if provided).A duct& cooling system serving the ADU must be separate from the ducted system serving the primary dwelling. Other nr systems must have separate climate controls for the ADU and the primary dwelling. Plumbing Systems. The ADU and primary dwelling unit may be served by a common potable water and sanity system.A common water system requires a separate shut-off for the ADU and primary dwelling, so water can br one without affecting the other.A 3-inch sanitary building drain and building sewer cannot serve more than thn closets. Plumbing work must be performed by a licensed plumbing contractor. Addresses. Approved ADU's will be assigned a separate address from the primary dwelling. Fees. Aside from the various permit fees that will be required, new ADU's must pay system impact fees or Sys Development Charges (SDC) Fees.SDC' fees can be substantial, and are applicable as follows: Sanitary Sewer: Applies if the ADU is greater than 1.000 square feet in area or the water meter serving tfdwellingandADUisrequiredtobelargerthan34-inch.An ADU that exceeds the thresholds is subject to a sewer SDC.The 2017 rate is$5.500. Transportation Development Tax: The 2017 rate is $5,423. Park SDC: is charged at one-half the single-family rate.The 2017 rate is$10,80072 = $5,400. School CET: is charged at the single-family rate when new square footage is added to the dwelling.The 1.26 per square foot of new building area (does not apply to an ADU created within an existing buildingnewfloorareaiscreated). Water: applies if a new (separate) meter or larger meter is required. 20 Hillsboro: 21 Hillsboro Municipal Code Previous Next Search print No' , QIAPTER 12€OMMUNITY DEVELOPt4Et CO SR HAPTER 12,40 SPECIAL USE S-AN ARDS 12.40.230 Secondary Dwelling Units. A. Characte::st:cs.Secondary dwelling units(SDUs)are defined in Section 12.01.500,and provide the following housing opportunities 1. Accommodating additional density in existing neighborhoods with minimum cost and disruption to surrounding neighborhood 2. Allowing more efficient use of existing housing stock and infrastructure; 3. Providing a mix of housing in response to changing faintly needs and smaller households; 4. Allowing seniors,single parents,families with grown children and other residents to remain in their homes and neighborhoods 5. Providing a broader range of Housing Types and costs. B. Approval Process.Where permitted,SDUs are subject to review and approval pursuant to Section 12.80.040. C. Creation of an SDU.Secondary dwelling units may be attached or detached from the primary dwelling on the lot,and may be create 3 methods; 1. Converting existing floor area in an existing dwelling or attached garage(attached SDU); 2. Adding new floor area to an existing dwelling or garage(attached SDC)_Ar.SDU connected to the primary residence by an ar structural connection between the dwellings(such as a breezeway)is considered attached;or 3. Constructing a separate unit on a lot with a new or existing primary dwelling(detached SDU). D. Standards.Construction and occupancy of an SDU shall conform to the following standards: 1. }Occupancy Restriction.An SDU shall not he occupied by more than 3 related or unrelated persons. 2. Location and Number_An SDU shall be located on the same lot as the primary detached or attached single family dwelling. allowed per lot, 3. Minimum Lot Area Required.An SDU is not permitted on a lot with an area less than the minimum required lot area of the apt 4. Parking.One off•street parking space is required for a SDU.The parking space for the SDU shall be independently accessible parking spaces)for the primary dwelling. 5. Minimum and Maximum Floor Area_SDUs shall be at least 250 square feet,but not more 750 square feet in area. 6. Code Compliance.SDUs shall comply with applicable building,fire,health and safety codes, 7, Placement. a. Except as provided in paragraph b below,an SDU must conform to the standards of the applicable zone regarding buildin coverage,and setbacks.If the applicable zone has standards for the placement of SDUs,such standards supersede this Section b. A detached SDU meeting the following specifications may be located within 5 feet of a side or rear property line: i. The total arra is 450 square feet or smaller, ii. Building height is 1 story(maximum 10 feet measured mid-point between the roof peak and the roof cave); iii. The SDU is placed behind the front building plane of the primary dwelling. On interior lots,detached SDUs and attached SDUs attached by a breezeway must be located behind the rear 1 of the primary dwelling; On corner lots SDUs must be located behind the front building plane on both streets. iv, The SDU is separated from any other structure on the site by at least 6 feet;and v. The outer edges of the eaves are at least 2 feet from the side and rear property lines. c. SDUs cannot be located in any public or private utility or access easement. 8. Entrances for Attached SDUs.A new attached SDU shall not have a ground floor entrance on the front elevation of the primer unless the primary dwelling had more than I ground floor entrance on that elevation before the SDU was added.An attached SDU i front elevation entrance on the second floor from a balcony or deck. 9. Architectural Standards_ a. Exterior Finish Materials.Exterior finish materials must visually match,in type,size and placement,the exterior finish of residence b. Roof Pitch. Roof pitch shall be the same as the predominant roof pitch of the primary residence. 22 Portland: IV. SUMMARY OF ZONING STANDARDS City of Portland The base zones (Chapters 33.110, Single-Dwelling Zones, Chapter 33.120, dwelling Zones, Chapter 33.130, Commercial Zones, and Chapter 33.140, Employment and Industrial Zones) provide standards for all detached acces structures, including detached ADUs. Chapter 33.205 of the Portland Zoninc provides the additional requirements for all Accessory Dwelling Units (ADUL Portland Zoning Code can be found at www.portlandoregon.gov/zoningcod€ is a summary of those standards. For more information, call the Zoning Infcline (see "Contact Information" at the end of this Program Guide) or visit the Development Services Center. A. General. 1 . ADUs are allowed on sites that are zoned Residential, Commercial, E Central Employment (EX) zone and can be created accessory to a h( detached single family dwelling), an attached house (rowhouse) or a manufactured home. ADUs are not allowed with other development 1 duplexes) and my one ADU is allowed per site. An ADU is also not with an attache Ouse using the provision or attached houses on cc 33.110.240.E. Part 3 (121st Avenue Cottages): 13613 SW 121st Ave, aka "121st Avenue Cottages LLC": sequence: sold/bought 4/23/19 23 T,IGARD a g 1, 11 II g0Of Tiard, Oregon I Seardh I Property Plannin* Tran ..rtatfon Utilities Aerial Photos Street View Pill.' I Summary I Permits I Community j Businesses I Louor Licenses I hazarcs I Pats I Benchmarks I :Exolor_ 13613 SW 121ST AVE, TIGARD Property Summary f I 1 ..-. 1 - - '• i Jill. I7.-------------- i ,1 1 L,f---- _-_-JJ Q,.....1-c----- Lo_ ----I ii liffill il '—'------ 1 j-:› .---1: = /; ('-:\ I ' jj 1 1 , 1 ll 1 4.\,...,.. j . , I i ,,, ,, ri „..",. 4 i,-1 T r, -- I ., •.--7, IL.G7 i :LI s i` I 1 , A.A.R.D E-S.T...6 .c' '''''0 i — f --, Tvhstit'- ''--------- 1 / 1.r s LA.,. ----„/ 7 i i 1 , 1 1 ! 1 11. ' 1' -' allyin ./ • 1 f' • 1 ,, •••,__ I: i i Property Owner Info Tax ID Number: 2S103CBC4903 Tax Account Number: R1405376 Owner Add eess: Owner City:TIGARD Owner State: OR Owner ZIP: 97224 Acres: 0.48 Sq Ft: 20,908.8 Bldg SF. 1,763 Bldg Value: S151,320 Land Value:5 250.820 Total Value:s 402,140 Taxable Ass'd Value: 247,180 Sa)e Price: 415,000 Sale Date: 04/23/2019 24 Registered 121st Avenue Cottages as LLC 7/9/19 with a contracted agent: 25 I crenae list uusureaa I eyrsu yrreuerrai rwunaneca uutary puurtt• uniform commercial code uniform commercial code search documents&data se Business Name Search New Starch FriMer Friendly Business Entity Data hel,Dote 1574423-94 DLLC rilACT I OREGON 07-09-2019 Deity Name 1121ST AVENUE COTTAGES,LLC Foreign Mame `' filifaillWA Printer Friendly Associated Names Type IPPB 'PRINCIPAL PLACE OF BUSINESS Addr 1 502 7TH ST#207 Addr 2 Z OREGON CITY PR '97045 1 UNITED STATE Please click fere for general information about registered agents and service of process. Type IAGT REGISTERED AGENT Sort Dela 0-09-2019 Name CHRISTOPER I ISTAGGS I Addr i 502 7TH ST#207 Addr 2 C$Z OREGON CITY pR 197045 I opuntry 'UNITED STATE TypeMAL TAILING ADDRESS 1 Addr 1 502 7TH ST#207 Addr 2 CU OREGON CITY pR 197045 Icournry' 'UNITED STATE Type GR MANAGER Of Record 1156531-98 (ARIA TOUCH,LLC Ad-ddr 1 502 7TH ST#207 Add r2 csz OREGON CITY OR 0045 1 y Country 'UNITED STATEinimilimm=111:2=mmilirnim. New Search Printer Friendly 1_Name History 121ST AVENUE COTTAGES,LLC 1 EN Please read before ordering Copies. New Search Printer Friendly Stumm. 1 . Available Dale Effective Date Na ARTICLES OF ORGANIZATION I 07-09-2019 Fl Receipt for Lana Use applic. 9/9/19 [+ Note: Cashier ID = SWARREN] 26 CITY OF TIGARD RECEIPT N a 13125 SW HaiBlvd..Tigaro OR 97223 503.639.4171 TIGARD Project Name: 121st Avenue Cottages Site Address: 13613 SW 121ST AVE Receipt Number: 425706 - 09/09/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID SDR2019-00063 Land Use M sc 100-0003-431•6 SG 00 Total: 0.00 PAYMENT METHOD CHECK AI AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Cash 1006 SVVARREN 091092019 5406.00 Payor. 1121st Avenue Cottages LLC I Total Payments: S406.00 Balance Due: 0.00 Project Description: "Cottage cluster of 8 cottages" Owner: Jason Snider 27 Home Building Engineering Planning Code Compliance Search Applications/ Pay Fees Record SDR2019-00003: Site Development Review Record Status: Under Review Record Info Payments 13613 SW 121ST AVE Applicant:-----] Project Description:Oa Christopher Staggs 121st Avenue Cottages Aria Touch LLC Cottage cluster of S cottages at 13613 SW 121st Ave. 1502MainStreet Oregon City,OR,97045 Primary Phone:5039543408 t chrls@arlatouch.com More Details Ci Related Contacts O Parcel Information Project Locauon: property is backed up to an adjacent HOA, and is a single family residence lot, and zoned R4.5 throughout the neighborhood. 28 ga `A NN p Q s u Lt, 4 f SW ERROLff u sNS o, 5 to a. Lo u z k 0 4 Site D op m ent R ieew v T\W BLS SUM MARY 11 c® Project Name: 121st Avenue S4z Cottages Site Address: 13613 SW :21ST yy m AVE, T GARD, O; 97223 Case Number: SDR2019 00003op..GEN C Status: Incomplete DERRY 0 DESCRIPTION 0: 4' SW MI Cottage cluster ore cottages at 13613 SW 121st Ave. a 0 S W H OL1 ADDITIONALINFORMAT ON Esa w I vR¢ectD&dG Ae¥s+ QUAIL CREEK LN Protect Documents e z \ w i 0 k S A FA,RH A 0 SW W H m1L£f f 40 @ C& k SW fa,RH4vEN r a SW WH$® f 5 L KELLY - SW ROS, MS L. z Q SWVIEWM0 Ike`Ik Sw CAARDEST Sw GARDEN ? sw GAARDL SSWAMESIN K Cr) SWGn. r . . There is 1 current applicant for a "Cottage cluster" in Area 10, map current thru 1/7/20 29 Gt- Land Use Applications 2 n. J, As mmary of the cit/s active land usepemits 1-- — Click any of the map symbols ole m more about cl`neap«g§onand find links to related permit documents. s PE Q LYNN ST For additional information,visitPerm4se£eson N® CT k the web.4RFNST Sw ANN sr tP Tigard ANN u Status Cr 0 lh A` f4.0 Received Q 113 Under Review f 0* 51 § u4+ 44 cid Approved a 1 e! e z ca JAppealed 7 f sw CARMEN ST Lu SW eL LANSDO Sw ALBERTA ST in Ucl- LN SW FONNER SI nR f a U, a X E. CT o SW JAMES ST 101 us 0 y m+ 44 7# 2 SW MARION ST 4 r Lu N- SW HOLLOW IN p u 4 ¥ WAy6 C a a e$ 544 4 QUAIL GREEK LN f f f m~° , z / 7 0 Boo sw WH &! cc 7 44, is& wills"' AolsKELLYaSWROSE, r GE or s 4 . 44 ca o 4 z SW GAAROESr 1 Ill 30 Carol Krager From: MB <mkb@souljazz.net> Sent: Tuesday,January 7, 2020 7:35 AM To: Heidi Lueb Subject: just Updated: some ADU code comparisons with adjacent westside cities; includes recent changes made to Tigard's TMC sections SUPPLEMENTAL PACKET Importance: High FOR / DATE OF MEETING) Caution! This message was sent from outside your organization. Allow sender I Block sender Hi Heidi, I just updated this: ADUs, All adjacent cities comparisons,to reflect Tigard 11/27/18 substantive changes to the 2017 codes. (The first comp I sent wasn't this updated file) Best wishes, Michael Part 2 (ADUs, All adjacent cities): Accessory Dwelling Units — Comparison — Local Cities [updated 1/7/20201 Number allowed: 1 ADU ! ONE ADU allowed! (NOT 2 !) Lake Oswego : 1 Sherwood : 1 Tualatin : 1 Wilsonville : 1 Beaverton : 1 Portland : 1 Hillsboro : 1 Owner Occupancy Required of primary unit or ADU: YES Tigan, NO Lwas requires until 11/27/18: Lake Oswego : Yes Sherwood : Yes (+ NO rental of owner occupied unit). YES! Size: Tigard : knew current max is now 1000 sf here was the former code in 2018) may not exceed 50% of primary unit, up to max of 800 sq ft. Sherwood : not to exceed 40% of primary residence: Beaverton : not to exceed 50% of primary unit (incl garage), up to max 800 sq ft. Tualatin : not to exceed 50% of primary unit, up to max 800 sq ft. Wilsonville : maximum is 600 sq ft. Lake Oswego : not to exceed 800 sq ft. Hillsboro : detached ADU not to exceed 750 sq ft.; or 450 sq ft max. if 5 ft from rear/side property line; ADU height Not to exceed 10 ft. Number of ADU Occupants Permitted: needs clear limit! 2-3 Lake uswego : No more than two persons. L Tigard . was formerly Limited by state building code [sq ft] (This Was Code in 2018] Hillsboro : Not to be occupied by more than 3 persons. Sherwood : Not to exceed household number, calc. by sq ft [other code section] Home Occupation Type II Prohibited on properties with ADUs: eo = is : allowea (no customers, no employees) Parking: Must have additional off-street parking space[s]: Y 2 Tigard ; NO. However, until 11/27/18 Code was: YES. 1 off-street parking space shall be provided for the ADU. This space shall be paved or covered. Lake Oswego : Yes Sherwood : Yes Hillsboro : Yes, Must have at least 1 additional off-street parking space. Tualatin : Yes, Must have 1 paved additional parking space, and NOT within 5 ft of a side or rear property line. NO ADU front entrance, at ground level: Tigar4.. Former 2018 Code wasp ADU entrance located on front of primary unit, unless such door already exists. Tualatin : No ADU entrance permitted with street frontage, unless such door already exists. Hillsboro : NO ground floor entrance permitted on front of primary dwelling; NO front ground entrance permitted for detached ADU. Sherwood : ADU entrance must be "unobtrusive" from front view of primary unit. Fees: SDC[System Development Charges for an ADU] YES! ! Beaverton : Yes Permits Required for ADU: = Revenue + Oversight All Cities : Yes Garage Conversions Prohibited: Tigard : This Former Building Code was deleted 11/27/18. NO Garage conversion[s], unless it is rebuilt as part of the primary structure. Tualatin : NO Garage conversions! 3 City can impose conditions to protect neighbors: YES! ! Lake Oswego: re height modifications, landscaping, buffering and orientation of the ADU to protect privacy of the neighbors. ADU Living Unit Separation from Primary Unit: YES! oeavertoi: 'es NO selling ADU as separate unit: YES! Tualatin : ADU NOT to be sold, or as condo. 4 Carol Krager From: MB <mkb@souljazz.net> Sent: Tuesday, January 7, 2020 3:14 PM To: Carol Krager Subject: Testimony: 1) Council should REJECT [or Table, NOT vote on] CORRUPT SDC deferrals at 1/7/20 hearing; 2) Planning did NOT post info/materials until Monday 1/6/20 afternoon! if clic (7k /Importance: High 91-kw i -7o Caution! This message was sent from outside your organization. Allow sender I Block sender V.2 15:00 PST, 1/7/20 Subject: 1)Council should REJECT[or Table, NOT vote on) CORRUPT SDC deferrals at 1/7/20 hearing;2)Planning did NOT post info/materials until Monday 1/6/20 afternoon! Public Testimony for 1/7/2020: To: City Council and City Manager: We've heard a lot of talk about "transparency" lately coming from some city officials. Unfortunately, while public officials typically talk 'the Talk,' most don't "Walk the Walk." And that is a major reason why many people do NOT trust government officials. The January 7, 2020 legislative public hearing proposal regarding possible SDC [system development charges] deferrals for single-family residential units should be rejected or tabled. [Relevant attachments included below] 1)The vital information regarding this proposal was deliberately withheld and concealed from the public eye,for almost a month, until it was finally posted in the afternoon of January 6,the day before the public hearing. [This detailed information should have been posted 20-30 days earlier on the city website, or mailed USPS to everyone.] 2) It was also not posted correctly, with a link at the critical Public Hearings webpage; therefore, hardly any citizens would even know how or where to look for the actual information. 3) No packet, No download link was posted at the Public hearing webpage. No information about this matter was otherwise conveyed to Tigard's citizens and property owners in a timely, professional, transparent, informative, or competent manner. This is the third related recent incident of the Planning dept. deliberately withholding vital information from the public until the last moment before a public hearing. [1) public hearing of November 27, 2018 regarding approving multiple ADUs (accessory dwelling units) on single-family zoned lots, etc., 2) public hearing of July 9, 2019 exempting SDC charges for ADU developers, and 3) public hearing of January 7, 2020 deferring SDC charges for developers. Note: All three of these public hearings were also purposely scheduled right after a public holiday, when the fewest numbers of citizens would be paying any attention: the Tuesday after Thanksgiving holiday weekend, the Tuesday after the July 4th holiday, and the Tuesday after the New Year's holiday.] 4) Ergo: So,what are city officials so intent on hiding?! The information just posted on Monday,January 6,the day before the hearing, appears to confer a direct financial benefit to developers of"single family housing units." If the term "single family housing units" would also somehow loosely apply to "cottage clusters,"too,then the wording of this measure was also carefully crafted to directly financially benefit Mayor Jason (and Jodi) Snider,the April 2019 1 buyers of the R 4.5 "Low Density" residential zoned property at 13613 SW 121st Ave. The curious text of the measure would apparently specifically permit developers to request a deferral of Systems Development Charges, even after they have applied for a land use permit, but before applying for a building permit. Mayor Snider applied for a land use permit several months ago, in September 2019. So,this measure would actually be retroactive for some developers who applied for land use permits,which is Wrongful! A look at the Tigard current permits map reveals that only one would- be developer in Area 10 has applied to directly profit from the recent illegally approved zoning changes of November 27, 2018 [** explained ], by applying to carve up a single-family residence zoned lot and build eight ( Si) cottages on it which exceeds R4.5 zoning building standards,too!). What an amazing 'coincidence!' NOTE:The November 27,2018 zoning/land use public hearing process was conducted without the OR state required USPS mailed advance notifications to all affected residential zoned property owners,which also should have contained: a)full details about this measure to sabotage single family residential zoning and further carve up single-family residential zoned lots into rental cubicles(thereby harming adjacent residential property values, neighborhood values, aesthetics, infrastructure,and environment), and 2) regarding the public hearing, and mailed at least 30 days in advance! That unprecedented meeting essentially destroyed long-standing single-family residential lot zoning in Tigard (the legislation effectively limited and restricted our longstanding neighborhood property guarantees that had,for decades, protected our own single family residential lot neighborhood zoning), and in a very radical way, by also undoing many of the conditions in the recent TMC(Tigard Municipal Code)ADU code sections of 2017. (These reckless actions [and lack of"due process"] are in stark contrast to the careful ADU restrictions that were imposed by our adjacent cities: Lake Oswego,Sherwood,Tualatin,etc. councils). Tigard had already approved an updated ADU ordinance the year before (2017), which complied with recent state legislation. At the November 27 hearing,the councilors and public were told a blatant lie by the recently-hired young city planner(Warren):that multiple ADUs, no off-street parking requirements, no owner-occupancy required, and no size restrictions,etc.were certain to be passed by the legislature. In fact, in 2019 the Oregon legislature passed a watered-down version of the original bill. Furthermore, at that November public hearing, NO Tigard officials present said or did anything whatsoever to represent the concerns of the 99%of the residential zoned property owners adversely affected by the zoning changes. Instead, these officials spoke of catering to developers and development interests, while falsely pretending and alleging this legislation was somehow for the benefit of senior citizens 'aging' in place, by renting out accessory dwelling units. We,the public, were all fed a total lie by city officials and planners! I was present at that Nov. 27, 2018 hearing and at the outset objected to the fact that lawful "due process" was NOT followed at all, and that the spirit and letter of Oregon laws was being blatantly violated. The city was required to mail out notice to each and every residential property owner potentially affected by these zoning changes. Other cities duly notified their citizens in advance by USPS;Tigard did NOT! Therefore,the legislation of November 27, 2018 was illegal, and the zoning changes made at that meeting are INVALID, and can be challenged. [btw, When I publicly stated that the legislative hearing was therefore unlawful, nobody in the chamber(not any councilors or city attorney) contradicted me!] I strongly urge the present City Councilors to revisit the matter entirely,to void the reckless legislative zoning changes made at that meeting, and thereafter to proceed by prudently and properly(neutrally and fully, with all details disclosed, and without any pro bias) informing the affected residential property owners by USPS no later than 30 days in advance of any hearing. In the meantime, the city should NOT be giving out any permits for ADUs, cottage clusters, row houses, and quads UNTIL such time as this matter has been entirely reviewed, the Nov. 2018 zoning changes voided, and the public duly notified in advance, so that all citizens who might be thereby harmed (including their residential property values) can attend such public hearing(or email/send their testimony/comments). The three other persons who even showed up that night for the hearing (each seeking to develop property) had clearly been recruited, 'cherry-picked', and contacted by city planners. All the ADU mentions on the city website (prior to that Nov. 27, 2018 legislative hearing), and all the planners' ADU presentations were clear recruitment tools(with an improper proactive political bias)for those seeking to develop properties; meanwhile,the concerns of 99%of homeowners were totally ignored—Planning did NOT want any public opposition, so the planners abused their public employee positions to manipulate and effect the desired political result. Timeline: 2 November 27,2018: previous city council approves zoning changes(allowing multiple ADUs, and undoing numerous 2017 protective conditions(TMC code), etc.), without Oregon mandated proper advance notification mailed USPS to each and every affected residential property owner. April 23,2019:the Sniders purchased the 13613 SW 121st Ave property, a single family residence zoned property with an existing house, with intent to develop. July 9th,2019: during business hours, a contracted developer agent (C. Staggs)working on behalf of the Sniders, filed with the state of Oregon, to create an LLC for the Sniders' real estate development: 121st Avenue Cottages LLC. July 9th, 2019: later that same evening, Mr. Snider and others vote to give SDC exemptions to developers of ADUs. Immediately prior to their voting "Yes" on this issue, Mr. Anderson and Mr. Snider spoke on behalf of assisting contractors/developers. Yet, the city's original representations of the ADU rezoning proposals repeatedly and falsely stated that the measure was intended to help senior citizens keep their homes(NOT benefit profit-seeking outside contractors/developers). Speaking as a senior citizen, I find that lie to be particularly offensive. On the public television video transcript, realtor-councilor Mr. Anderson stated that he had been talking to a lot of"contractors," and they didn't know about the new zoning changes. As a Tigard realtor(on Main St), he was hence clearly proactive in providing information that might encourage them to buy and convert single-family residential lots into profitable developments. After all,that's potential business: soliciting clients (buyers and sellers) and hefty commissions for himself, right?! At NO time during their testimony/comments did Mr. Anderson or Mr. Snider express any concerns whatsoever regarding giving these free handouts to developers of residential properties. As a realtor seeking clients(buyer and seller agent), listings, and sales in the city of Tigard, but who also sits on the City Council (and who was on the Planning Commission), where is there any clear line of demarcation between realtor-councilor? This observable "conflict of interest" (and how it affects his council votes) is quite concerning to informed citizens. [And if he's running for a Metro office this year,then he does Not have the requisite time to dedicate to serving as a city councilor here.] September 9th,2019:the Sniders apply to the Planning Dept.to construct eight(8) cottages on the single-family residence 'Low Density' zoned lot. December,2019: Planning schedules a Jan. 7, 2020 hearing to give further handouts to developers in the form of SDC deferrals. As worded in the proposed ordinance, the ordinance would confer financial benefits (SDC fee deferrals)on those developing single family detached units. The wording appears to confer a direct financial benefit on developers in the position of the Sniders. When the public hearing on these development fee deferrals was being scheduled, it would be reasonable to surmise that Mr. Snider(as mayor) also had some contact[s] and discussions with the Planning Dept. on this matter. 2019:The City of Tigard Planning Dept. (yet again) posts patent political content on the ADU page, politically subversively advising and urging persons living in HOAs to politically lobby to undo their CC&Rs (aka destroying their HOAs), so that such selfish and dishonest persons could profit from destroying their own subdivisions and their adjacent neighbors' property values! That is WRONGFUL conduct for city officials (our public employees) to publicly"politically" urge any persons to selfishly seek to destroy HOA protected subdivisions. That's insidious and subversive of the current planner[s] responsible for the posting on the website. [Note: most of the city planners do NOT even live in Tigard!] How dare any public employee "politically" advise city residents to actively work to destroy their HOAs, CC&Rs, and single-family residence subdivisions! At the November 27, 2018 public hearing,the city council (and the planner) promised HOA and CC&R legal deed restrictions would be respected by the city and the planning department. That false promise has turned out to be yet another lie- and literally a publicly posted betrayal. [Historical FACT: It was the City of Tigard (and planners) itself that encouraged numerous subdivisions to institute perpetual CC&Rs, in the first place!! And HOAs and CC&Rs make the city's job easier(i.e. code violations/enforcement), while maintaining and improving property values (aka the property tax revenue base).] Protecting the quality, appearance, livability, and property values of one's neighborhood, and especially safeguarding a family's huge aggegrate lifetime investment in the equity of a primary residential property, is of paramount importance for thousands of citizens here (and for most senior citizen homeowners). Yet, these serious concerns were mocked,trivialized, and disrespected by the young politically subversive planner(who also chooses to live in Portland, Not Tigard). 3 January 7, 2020: ??!! 'Conflicts of Interest,' and maybe worse...?? Or, either a) reject the deferral proposal,or b) specifically exclude 'cottage clusters'from any SDC fee deferral (and add compounded interest%to any deferred SDC fees), or c)simply table this matter for now,and then thoroughly review all relevant, available information (including the enclosed attachments and comparisons). Regarding developer exemptions and deferrals: SDC exemptions and deferrals for developers are Wrong! The City of Tigard repeatedly tells us it needs more money, it can't function without another levy, etc. The City continually seeks to raise its residential citizens' property taxes, while conversely giving wholesale tax breaks and financial incentives to mercenary developers who seek only to profit from carving up our single-family lot residential zones—and in the process clearcutting trees, creating high human density, harming air quality, increasing traffic congestion, increasing parking congestion, burdening our potable water resources, increasing school crowding and need for additional funding, harming our property values, harming the livability of our neighborhoods, and overall costing Tigard residents who then have to pay higher taxes to government agencies to support this entrenched corrupt system of real estate handouts and political kickbacks. [Historically, a pattern of corruption, controversy, and scandals (including misc. scams, i.e. President's Parkway) has periodically infected the political and public arena here, including various revolving former Tigard-based elected officials.] SDCs: NO to Any/All Developer Exemptions; and only consider"Compounded Annual % Interest" for Any/ALL SDC deferrals: SDC deferrals are, in fact, a financial handout to contractors/developers–and a scam. The actual basic costs of systems development increase annually (and with inflation). 1) By exempting SDC fees for ADU developers, you have by fiat passed the entire cost of what they themselves should pay for connecting their mercenary rental[s] onto the rest of us. 2) By deferring some SDC fees (i.e. including transportation and parks fees, etc.), the actual fees/costs are thereby passed along to the rest of us, because somebody else has to pay for these increasingly costly systems/govt services during the time these properties are being developed. Note: If someone wants to build a house without having all the sufficient funds, then that party has to take out a loan payable over a set number of years, with compounded interest. If you charge up your credit card, you'll pay 18% interest compounded annually. SDC deferrals without any specificied interest rate are therefore a corrupt handout to real estate developers, in the form of a free loan. There should NOT be any SDC deferrals, unless the SDC deferral also entails compounded interest. It is most unconscionable and reprehensible for city officials, for years, to repeatedly give wholesale handouts to real estate developers (SDC exemptions and deferrals), while making the rest of us pay for it in higher property taxes, at the same time that the city officials keep complaining that there isn't enough money for the police to even patrol residential neighborhoods. Apparently, in government (at every level), there is NO fiscal accountability! In conclusion,please reject or table this legislative matter, review it (and compare the ADU ordinances, etc. with what all the more responsible and cautious, adjacent cities have done on this matter), void the invalid code sections 11/27/18 hearing legislation violated due process per OR), redo the original hearing (ADUs) for proper advance citizen USPS notification, and ensure these matters are handled honestly and fairly in the spirit and letter of Oregon statutes, and please advise the specific [ir]responsible public employee[s] at Planning who has/have been directly involved in these noted matters to professionally and ethically"shape up, or ship out." Submitted on behalf of other outraged Tigard citizens, Sincerely, Michael Brewin, (Tigard property owner and resident for 30+years) Tigard, OR Formerly:Aide, Hon. Ron Wyden;Advisor, Tigard Chief of Police; Facilitator, City of Tigard; Newspaper Editor; College Teacher; Author; Producer 4 ATTACHMENTS: Part 1 (PIafining Dept.): CONCEALMENT: For 30 days right up to 1/7/20: No explanation provided, and No links to a packet or download. Actual material Not posted until p.m. 1/6/20, on an obscure unlinked webpage (and accessible only by lowering/disabling one's computer browser security settings). CITY OF TIGARD Public Hearings and Public Notices PUE Tigi Current meeting materials for City Council and other City meetings. Hearing dates are tentative and subject to change.The 1 physi prop( owne MON., JANUARY 6 - HEARINGS OFFICER prop( ART RUTKIN ELEMENTARY SCHOOL Tigar from you v TUES., JANUARY 7 - CITY COUNCIL Satisl OMNIBUS CODE PACKAGE be pr rerun SYSTEM DEVELOPMENT CHARGES actor RESIDENTIAL PARKING prop( bicyc jewel PUBLIC HEARING: City Council items sport Tuesday, January 7, 2020, 7:30 p.m. items Tigard Civic Center Town Hall, 13125 SW Hall Blvd., Tigard, Oregon To fil plea: ITEM: Omnibus Text Amendments / DCA2019.00002 Prop( STAFF CONTACT: Agnes Lindor, Associate Planner, agues@tiaard or.gov or Blwc . 503-1 503.718-2429 ITEM: Legislative Public Hearing: Consider Adoption of System Development Charges PUE Deferral STAFF CONTACT: Schuyler Warren, Sr. Planner, schuylerwatigard or.gov or The C 503-718-2437 Tigai Facil ITEM: Public Hearing: Consider Resolution to Amend Master Fees and Charges Tigar cigar Schedule for Residential Parking Fees 4: F STAFF CONTACT: James McDonald, Commander, iames.mcdonaldOtigard•or.gov or on NC 503-718-2572 Dowr Required Public Notices Not Sent by City of Tigard 2018: 5 1) Planning Commission Hearing, 2) City Council Public Hearing to tkKi1i,%uu+iist 1k4 Lin`of prop„onr j lard i rx-;i Woo iJi naw affect the pr missal* uses of }wr pr' 'm And other properties. Tigard Planning Commission PUBLIC HEARING Why am I getting this notice? You are receiving this notice because you live,Own property,or operate a business in the City of Tigard.The city has determined that adoption of the proposed code amendments may affect the permiss;ble uses or value of your property and other properties in the affected zone. On Monday,October 1, 2017,the Tigard Planning Commission will hold a public hearing at Tigard City Hall. Your input is welcome at the public hearing and any time in person,online or over the phone. The proposed code charges are available at the Tigard C lv tau=Permit Center at 13125 SW Hall Blvd and online at tlgard-or ov/tadetlpdates What are the proposed code changes? The City of Tigard has undergone a lengthy process to update and revise the current code 110Theproposedcodechargesaremostly administrative in nature The changes focus on: Witt General code housekeeping to increasedfiGet. .2017consistencyandremoseredundancies no polity charges). tuff, Ir. Reorganizing and consolidating the current 7 A.rn code structure(no policy changes). Replacing outdated and teearioN, ineffective regulations. tt;+ed City Nan Streamlining existing processes SW}t R t4.,, CMN.ptk 972j; and procedures Addressing minor dehcrences in the code x= Portland sent/sends Public Notices to affected property owners: 6 CITY OF PORTLAND Select Language 't Starch Portland regan.gav Horne Government ewteua 8 More of the M'et Autism Sign in Aa PHONE: t4 Planning and Sustainability CURBSIDE HOILJ E Nor NO Innovation.Collaboration.Practical Solutions. 1900 SW 4th Ave,Suite 7100,Portland, Gimate Planning Sustainabity Garbage,Recycliny Arid Cortaxaditp Zoning Code Smart City PDX PSC Caien ar Abaft C gm Neer Hoeiri''p by Desi^ Nowa end tigCaaes Recent Articles Have you received a City of Portland notice inTestifytoCityCouncilaboutthe Hexer Fteu;ing by Design project the mail? Better Mousing by Design Proposals Move Forward Welcome to the Better Housing by Design online"Customer Ba molt]rasing apparunty andservice page. We'-e glac you're here, NOTICE OF PROPOSED ZONING CO©E,ZO)' cornea•,ib:I ty In me Alphabet and 0.t0.P 0.ND COMPaIEM[NfrYE stitN MAP(HA THAT MAT AF FECT THE PERMISSIBLE USE! King's Hits histone disirc;s Pernaps you received a malice n the mail that rooks ike YOUR PROP TRTY ANOOTMER PPOPERTt this,and you're not sure exactly what it means. Plan:ng and Sustainathhy Comm,ssnir sessions Or maybe you heard about proposed rules that would proposed new rules nor Portland's change Ie zoning for apaernertt buildings este other multi-rtwetGngzones higher density residential bulldirgs Pomanders telt the Planning and Or both. Sustainabdty Commiss.on wihat they tn.nk about Better Housing by Design You are not alone'Some 33,629 property owners received the mail higher density h,ptt i mailing pictured at right from the City oprppos3lsforhi9'f ng Portland,This is required oy slate law whenever a change in the zoning could affect the value of a Public nearing on new ruses for mutt- property —up or down. Your address was pulled from the County Assessor's Office fairs#y housing on June 12 at PCC stxaheast First things first Better Housingsing by Design test many First thing to know is that these changes are proposals — not the taw. We hope youll learn more abot wrinen)deadr:ne extended to their and tele the Planning aria Sustamaoiiity Commission (PSC)what you think. Any new rules muss IMonday.Ju"1[t 25 at 5 p in, adopted by City Council before they become effective And before adoption,they are refined and char Better Housing by Design arts to based an pubic testimony.as well as PSC ant City Council amencments. make apartment tying terser in Portland Second.these proposals do not require you to sell your Gantt or do anything to your property. Have you recetved a Cityof Perttarxt We're here to helpnoticeinthemal? Better Housing by Design draft We want to help you understand the oroposai and how it may affect you and your property. You cart_ Zoe:rig Code dentsnow avairable nor review Car the He pline at 503.823=0195. Friendly staff will look up your address and tel you now the proposal would affect your property, Ideas Tor improving mut:eel-n ty development released Look up your address an the Map App to find out what rules apply now and what could be p roposed 7 NOTICE OF PROPOSED ZONING CODE,ZONING MAP AND COMPREHENSIVE PLAN MAP CHANGES THAT MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY AND OTHER PROPERTIES Whit*OH IMii mi for mot rrww+.r a...rsa v„ a„s Highly Improper 'Political' activist subversiv~ meddling by a public employee[s] [City Planner]: 1) Publicly encouraging people to undermine and politically lobby to undo/change their legal deed restrictions [CC&Rs], either for their own selfish monetary gain and/or to selfishly slummify their formerly protected HOA type subdivision; 2) Publicly encouraging people on how to skirt the laws, and live in trailers on blocks! Tigard webpage excerpt: necessary HOA approvals before starting the land use and permitting process. If you find that your community's CC&Rs restrict ADUs, consider working with your neighbors and the HOA to amend the CC&Rs to remove obstacles to ADUs. Are tiny homes ADUs and vice versa? Under the Oregon state building code, a tiny home is any house that is under 400 square feet. Tiny homes on wheels are considered recreational vehicles. In Tigard, it is not legal to live in a recreational vehicle in most residential zones. However, if placed on a permanent foundation, a tiny home can be considered an ADU. So, while some tiny homes can be used as an ADU, not all ADUs are tiny homes. Part 2 (ADUs, All adjacent cities): Accessory Dwelling Units — Comparison — Local Cities [updated 1/7/2020] Number allowed: 1 ADU ! ONE ADU allowed! (NOT 2 !) Lake Oswego : Sherwood : 1 Tualatin : 1 Wilsonville : 1 Beaverton : 1 Portland : 1 8 Hillsboro : 1 Tigard: 2 (formerly 1, just like all our adjacent cities, up until 11/27/18) Owner Occupancy Required of primary unit or ADU: YES Tigard . NO [was required until 11/27/18] Lake Oswego : Yes Sherwood : Yes (+ NO rental of owner occupied unit). YES! Size: Tigard : inew current max is now 1000 sf here was the former code in 2018: may not exceed 50% of primary unit, up to max of 800 sq ft.) Sherwood : not to exceed 40% of primary residence: Beaverton : not to exceed 50% of primary unit (incl garage), up to max 800 sq ft. Tualatin : not to exceed 50% of primary unit, up to max 800 sq ft. Wilsonville : maximum is 600 sq ft. Lake Oswego : not to exceed 800 sq ft. Hillsboro : detached ADU not to exceed 750 sq ft.; or 450 sq ft max. if 5 ft from rear/side property line; ADU height Not to exceed 10 ft. Number of ADU Occupants Permitted: needs clear limit! 2-3 Lake Oswego : No more than two persons. 2 Tigard - was formerly Limited by state building code [sq ft] (This Was Code in 2018)) Hillsboro : Not to be occupied by more than 3 persons. Sherwood : Not to exceed household number, calc. by sq ft [other code section] Home Occupation Type II Prohibited on properties with ADUs: Portland NOT allowed (no customers, no employees) Parking: Must have additional off-street parking space[s]: Y Tigard . NO. However, until 11/27/18 Code was: YES. 1 off-street parking space shall be provided for the ADU. This space shall be paved or covered. Lake Oswego : Yes Sherwood : Yes 9 Hillsboro : Yes, Must have at least 1 additional off-street parking space. Tualatin : Yes, Must have 1 paved additional parking space, and NOT within 5 ft of a side or rear property line. NO ADU front entrance, at ground level: Tigard : Former 2018 Code was: No ADU entrance located on front of primary unit, unless such door already exists. Tualatin : No ADU entrance permitted with street frontage, unless such door already exists. Hillsboro : NO ground floor entrance permitted on front of primary dwelling; NO front ground entrance permitted for detached ADU. Sherwood : ADU entrance must be "unobtrusive" from front view of primary unit. Fees: SDC[System Development Charges for an ADU] YES!! Beaverton : Yes Permits Required for ADU: = Revenue + Oversight All Cities : Yes Garage Conversions Prohibited: Tigard : This Former Building Code was deleted 11/27/18: NO Garage conversion[s], unless it is rebuilt as part of the primary structure. Tualatin : NO Garage conversions! City can impose conditions to protect neighbors: YES! ! Lake Oswego: re height modifications, landscaping, buffering and orientation of the ADU to protect privacy of the neighbors. ADU Living Unit Separation from Primary Unit: YES! Beaverton: Yes NO selling ADU as separate unit: YES! Tualatin : ADU NOT to be sold, or as condo. Lake Oswego: 10 LTke Oswego Home Contact Bookmark Text: v. R tail In the IP zone this Jse is limited to 25% of gross floor area, rot to exceed 5,000 sq. ft.per business.. vi. Accessory Dwelling Unit 1) Generally Applicable Standards An accessory dwelling unit(ADU)may be allowed in conjunction with a single-family dwelling by convers floor area, by means of an addition, or as an accessory structure on the same lot with ar existing dweltins following conditions are met: AM a) The site is large enough to allow one off-street parking space for the accessory dwelling unit in required parking for the primary dwelling.The required parking for the ADU may be located within th setback on an existing driveway provided the parking does not encroach into the public right-of-way,s b) Public services are to serve both dwelling units. c,) The maximum size of the ADU is limited to 800 sq.ft.of gross floor area, except where a portic existing as of August 2. 2018.is converted to an ADU up to 200 sq.ft.of floor area consisting of circWed) halls, stairs,etc.),chimneys,and heating and ventilation systems is excluded from the gross floor a d) No more than one additional unit is allowed. e) The unit is in conformance with the site development requirements of the undertying zone,inch adjustments and additions listed in the base zone, or is located within a lawful nonconforming structs iocated in a structure that was previously granted a variance pursuant to LOC Article 50,08(provide variance for the structure was not obtained solely to locate an ADU on the site.the inability to site arEisnotanunnecessaryhardship). f) One unit shall be owner-occupied/the principal residence of the property owner.The owner sha record a declaration of restrictive use in the appropriate County Clerk deed records prior to issuance permit for the ADU on the lot.The declaration shall state that use of the parcel is subject to complierLe of Lake Oswego's ADU requirements, including the requirement that one of the dwellings on the lot i occupied/the principal residence of the property owner,in order to permit usage of an ADU on the to g) The following standards shall be met where a detached ADU is placed less than ten ft.to a prc i) The ADU entrance shall be placed no closer than ten ft.to any property tine: 111/1 ii) A six-foot-tall sight-obscuring wood fence shall be provided along the subject property line back to the closest side/rear property corner,and iii) Where a wall that is less than ten ft.from a property line contains window(s), the window I shall be at least 72 inches above the finished floor of the ADO. ENT h) For an internal conversion ADO,the required separate entrance to the ADU shall not be placer facade of the existing house.No variance to this limitation is permitted. BIIC 2) Standards for Specific Zones a) In the R-5.R-3,R-2,and R-0 zones this use shall be associated with a detached single-family b) In the R-15, R-10,R-7.5,R-6,and R-DD zones this use is limited to one per lot. TS Ord.2784,Amended, 07103/2018; Ord. 2732,Amended,0212112017, Ord.2723,Amended, 10118/2016;Ord.252 12/18/2012;Ord.2579, Repealed and Replaced, 0312012012) 11 Sherwood: 12 An Accessory Dwelling Unit(ADU) is a habitable living unit that provides the basic requirements for sh€ cooking and sanitation. The purpose of an ADU is to provide homeowners with a means of obtaining renta companionship and security.ADU's provide Sherwood residents another affordable housing option and a i independently with relatives. Ord. 2000-1108, § 3) 16.52.020 - Requirements for all Accessory Dwelling Units All Accessory Dwelling Units must meet the following standards: A. Creation: One Accessory Dwelling Unit per residence may only be created through the methods: 1. Converting existing living area, attic, basement or garage; 2. Adding floor area; 3. Constructing a detached ADU on a site with an existing house; 4. Constructing a new house with an internal or detached ADU, rB. Owner Occupancy: The property owner, which shall include the holders and contract p occupy either the principal unit or the ADU as their permanent residence, but not both months out of the year, and at no time receive rent for the owner-occupied unit. Num ser o •esw•ents: e tota num ser o ins ivi•ua s t at resi•e in *IX units may no number that is allowed for a household. D. Location of Entrances: The primary entrance to the ADU shall be located in such a mar unobtrusive from the same view of the building which encompasses the entrance to th E. Parking: Additional parking shall be in conformance with the off-street parking provisic family dwellings. F. Floor Area: The maximum gross habitable floor area (GHFA)of the ADU shall not excee GHFA of the primary residence on the lot, G. Setbacks and Dimensional Requirements: The ADU shall comply with the setback and c requirements of the underlying zone. In addition, there shall be a minimum ten (10) fo between theprimary residence and the ADU. H. Design and Appearance: The ADU shall be designed so that, to the degree reasonably I appearance of the building conforms to the original design characteristics and style of and appears to be a single-familysingle-famil residence. I. Partitioning: An ADU shall not be partitioned or divided off from the parent parcel. 13 City of Sherwood AMENDMENTS TO CHAPTER 16.52, ACCESSORY DWELLING UNITS Strikeout = ;ir.•leted :ext Bold italicized= pr•ci;JosRri :nxt 16.52.010 - Purpose An Accessory Dwelling Unit(ADU) is a habitable living unit that provides the basic requirements for shelter, heating, cooking and sanitation. The purpose of an ADU is to provide homeowners with a means of obtaining rental income, companionship and security.ADU"s provide Sherwood residents another affordable housing option and a means to live independently with relatives. Ord.2000-1108, §3) 1652.020-Requirements for all Accessory Dwelling Units All Accessory Dwelling Units must meet the following standards: A. Creation:One Accessory Dwelling Unit per residence single-family detached dwelling may only be created through the following methods 1. Converting existing living area,attic, basement or garage: 2. Adding floor area: 3. Constructing a detached ADU on a site with an existing house: 4. Constructing a new house with an internal or detached ADU. B. Owner Occupancy: The property owner, which shall include the holders ard contract purchasers, must occupy either the principal unit or the ADU as their permanent residence. but not both, for at least six months out of the year. and at no time receive rent for the ovale- ozcup ed uni?. C. Mincer of Reside':ls: The fatal :iun; er cif combined residents individuals-that can live reside in both units (the ADU and the primary house) is limited to the total allowed for one family as defined by this code. may not exceed the number that is allowed-forr a household, Under the SZCDC, a family is defined as follows: Family. One person living alone or two or more persons related by blood. marriage or adoption; or a group not exceeding five persons living together as a single housekeeping unit, excluding occupants of a boardinghouse, fraternity, hotel or similar use. D. I ocatiort of Fnlrancii:s The prima'y entrance to a detached thra ADJ shall not be visible from the street that the primary residence is addressed from. be4o4n such a-manner-as-to-be unobtrusive-fes the same view of-the-building-which 4E. Parking Additional parking shall be in conformance with the off-Street parking provisions for single-family d:Nelings. If the ADU has more than one bedroom conformance with the Multi-Family parking standards shall apply. Awwwiminkommi Pagel of 2 14 City of Sherwood [pg 2] F.Floor Area: The maximum gross habitable floor area (GHFA) of the ADU shall not exceed 800 square feet or 40% of the GHFA of the primary residence on the lot whichever is less. G. Setbacks and Dimensional Requirements: The ADU shall comply with the setback and dfrnensional requirements of the underlying zone. A detached ADU shall only be located in the rear yard or above a detached garage. In addition, ther shall be 3 H. Design and Appearance: Height: The height of a detached ADU shall be no higher than the primary residence. A detached and attached ADU shall meet the following standards for design and appearance. The-ADU-s-half be designed- _ . , - • _ feasible, the appearance of the building conforms to the original design residence. Design and Appearance Standards: Detached ADU's must meet one option from each row below Exterior Must be the same or visually OR Siding made from wood, composite Finish match in type, size and boards, vinyl or aluminum products- Materials placement, the exterior finish Siding must be a shingle pattern or in material of the primary I a horizontal clapboard or shiplap structure I pattern 5. 6 inches in width Roof Pitch ' Predominant roof pitch must OR Roof pitch must be at least 6/12 be the same as the predominant roof pitch of the primary structure Trim Must be the same in type. size, OR All windows and door time must be at and location as the trim used least 3.5 inches wide on the primary structure Eaves Same projection distance as OR All eaves project at least 1 foot from primary structure the building walls END OF CODE AMENDMENTS) Tualatin: 15 I 0.0 •.. City of Tualatin A www.fuciltitifxurepofl.c (vow OVERVIEW OF ADU STANDARDS AND CRITERIA see 34.310 for full text) Where ADUs are allowed: Only in the RL Planning District, or the RML Planning District in a Small Lot Subdivision On the same lot as a primary(since-tamiiy) dwe'ling Only one accessory dwelling unit is allowed per primary dwellingI Cl TStrueTure and uesign: Design must include: o Two or more Res:denlial Roo' Design Elements and; n—€araf-ar-mates,de iarkVa :sigft e einto Maximum size: no more than 50%of the gross floor area of the existing house and garage, up to 800 square feet ADU front door must not face the same street frontage as the primary dwelling's front door exce t where the door already exists) Garage conversions are not permitted Where an attached ADU is being built as an addition to an existing housethe gross floor area of the existing house may not increase by more than 10% An attaches accessory dwe`ling unit must be connected to the primary dwelling by an internal doorway Site Requirements: One additional paved on-site parking space must be provided for the ADU. in addition to the two parking spaces that are required for a primary dwelling. New parking spaces must not be within five feet of a side or rear property line Note that garages do not count toward parking crtisnss. ADtis must not be located in front of the primary dwelling ADUs must comply with all applicable zoning standards (e.g.. setbacks and lot coverage) Common ownership requirements: ADU must he served by the same water,electric and natural gas meters as the primary dwaing, un ess other applicable requirements prohibit rt ADU must not be sold separate or as a condominium Building code requirements: a AOL)must comply with al:applicable Oregon State Building Code Requirements Detached ADUs generally need to be sited at least six feet away from the primary dwelling in order to avoid any'irewalls, fire-rated construction of overhangs, or fire-rated windows. Wilsonville: 16 Ordinance No. Bib Exhibit A City of Wilsonville 11) Accessory Dwelling Units. A. Accessory Dwelling Units, e - = - shall be permitted outright, ....subject to the standards requirements of this Section. are permitted subject to the Stan and requirements of this Subsection. B. Standards 1. Number Allowed a. For detached dwellings units and attached single-famil dwelling units: One per dwelling unit. b. For all other attached dwelling units: None. 2. Maximum Floor Area: per definition in Section 4.001, 800 sr feet of habitable floor area. Per Subsection 4.138 (.04j C. the Old Town Overlay Zone thelmaximum is 600 square f{ habitable floor area. . - Beaverton: 17 Ci of Beaverton • • 1 Building Code Considerations for A BeaccessoryDwellingUnits Valid for 2018, Check for Annual Updates) Property owners contemplating adding or creating an accessory dwelling (ADU) unit on their single-family residential i within the City of Beaverton need to be aware of a number of things.City staff are available to meet informally or thn pre-application meeting prior to design/construction in order to offer feedback,etc. Land Use and Zoning:Business owners need to verify their proposed ADU is compatible with the zoning of the propeContactthePlanningDivisiontoveritytheallowedbusinessusesatthespecificproperty. Please call 503-526-2420. www.eeovertoneregon,gov/Pionnesaneregon,gov/P'=pnnira City Development Code: Chapter 40 and Chapter 60 include regulations for ADU's ne ADU is permitted er detc dwelling unit regardless of zoning district. Find these codes online at:tivvvw.bec vertono o° pment-C Building Plan Review and Permits: For information on building permit applications, plan review requirements and 1( please call 503 526 2403. wew,beoverfonoregon.el vrBulc ing State Building Code: The current Mate Building Code {SBC) includes:The 2014 edition of the Oregon Residential Spe Code (ORSC); the 2014 Oregon Plumbing Specialty Code (OPSC); the 2014 Oregon Electrical Specialty Code (OESC),these codes on-line. please go to: w w,cbestete.or a L xternglt= r proms/or ine cocJ,htmi BUILDING CODE INFORMATION The information listed below are specific SBC and some City Development Code References. For more information about how these requirements apply to an ADU, please contact the Building Division,503-526-2403. Accessory Dwelling Unit Definition. An ADU is a secondary dwelling and defined as a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living,sleeping,eating,cooking and sanitation.ADU's ore normal. incidental and subordinate to a detached dwelling.The ADU can be created by conversion of existing living area, attic,basement or required parking: or adding floor area.subject to the limitations of the zoning S$ le t,-F , district in which it is located;or constructing a new structure, i attached structure,or manufactured home with an internal4 or detached accessory dwelling unit, An ADU must be completely separate from the primary dwelling unit (cannotp .Vhoveinter-communicating doors or openings).The ADU shall hove a separate exterior entrance or a common internal area accessible to the outside. A living area is not considered an ADU if it lacks any one of the items that define a dwelling unit;or if the living area is not fully separated from the primary dwelling (Le., there is a doorway or opening to where the two spaces intercommunicate) or does not have a separate exterior entrance or a common internal area accessible to the outside.It this is the case. it is considered additional living area of the primary residences and is not approved for rent. lease or hire. Maximum ADU Size. An ADU created by an addition or within the interior of an existing primary dwelling area cannc exceed fifty percent of the gross floor area of the primary dwelling or 800 square feet, whichever is less,See the CityDevelopmentC'ocie7 for additional requirements.s.. Buildin. Permit Re uireci A building permit is required for creating an ADU (mechanical, plumbing and electrical o ::e 1 d).Scaled drawings ore required that include (not all may be applicable):Site Plan shawl the location of ADU on the property, including distances from property lines and other buildings or structures:Floor Pta rinn..rir.n -13rsn r..r3e r.nr :.-esn+:Fr nil rnr.rr,r inr+la...Irn..:r{ir,n inn,.,rlr,r.r nr.ri..n'n, r .r l..nnr nn,' ri,nr innrr#:.nnq svi rn,t.r,n 18 City of Beaverton (pg 2) uniform load. Engineer's calculations when required or provided, (i.e., shear wall, roof truss) shall be stamped by an E architect licensed in Oregon and shall be shown to be applicable to the project under review. New Construction and Additions. When an ADU is constructed as an addition or separate detached accessory st construction shall comply with the requirements of the Oregon Residential Specialty Code as a two-family dwelling cDevelopmentCode. Alterations to the Existing Dwelling. When an ADU is created by converting existing space within the primary dwe construction shall comply with the requirements of the 0 RSC and City Development Code, except as modified belo Living Unit Separation. Where existing finished walls and or ceilings are used as part of the separation of the A primary dwelling unit. they shall be covered with wood lath and plaster or minimum 14inch gypsum wallboard, i condition. Where new walls and or ceilings are created, or where they are not finished. they shall be constructe a listed one-hour fire resistive assembly, including sound insulation requirements.Where the ADU and primary dv share a common area, doors from each shall be a minimum of 1-3/8-inch solid wood or 20-minute fire-rated. Room Sizes. Every ADU shall have at least one habitable room (spaces used for living, cooking, eating, and sle not less than 120 square feet of floor area. Other habitable rooms (except kitchens) shall be no less than 70 squc floor area. Ceiling Heights. All habitable rooms: hallways, toilet and, laundry rooms require a minimum ceiling height of s€ Rooms with sloped ceilings require at least 50 percent of the required floor area to have a ceiling height of seve no portion of the required floor area may have a ceiling height of less than five feet. Conversion of existing spat a minimum ceiling height of not less than 6 feet 8 inches. Light and Ventilation. All habitable rooms shall have glazed openings of not less than eight percent of the roc area. and a minimum openable area to the exterior of four percent of the room's floor area. Emergency Egress. Sleeping rooms in the ADU are required to have an emergency egress door or window the directly to the exterior. The egress openings shall have a minimum net clear opening of 5.7 square feet (5 squad windows opens directly at grade level).The minimum clear opening dimensions shall be 24 inches height and 21 wide. Emergency egress doors or windows shall be openable without any special knowledge, tool or key. Docxs. The ADU shall have a side hinged exit door that is a minimum of 36-inches wide and 6 foot eight inches I Smoke and Carbon Monoxide Alarms. The ADU and primary dwelling unit shall be equipped with smoke ak any fuel burning appliance is present. The ADU and primary dwelling unit shall be equipped with carbon mono) Energy Conservation. New construction, additions and spaces not previously heated or cooled are required I the SBC energy efficiency requirements.All new doors and windows are required to meet the SBC energy effici( requkements. Electrical Systems. The ADU must have access to the electrical service panel. Any electrical work must be per licensed electrical contractor. Heating/Cooling Systems. The ADU must have a separate heating system (and cooling if provided).A ducte. cooling system serving the ADU must be separate from the ducted system serving the primary dwelling.Other n, systems must have separate climate controls for the ADU and the primary dwelling. Plumbing Systems. The ADU and primary dwelling unit may be served by a common potable water and sanity system.A common water system requires a separate shut-off for the ADU and primary dwelling, so water can bi one without affecting the other.A 3-inch sanitary building drain and building sewer cannot serve more than thri closets. Plumbing work must be performed by a licensed plumbing contractor. Addresses. Approved ADU's will be assigned a separate address from the primary dwelling. Fees. Aside from the various permit fees that will be required, new ADU's must pay system impact fees or Sys M Development Charges (SDC) Fees.SDC* fees can be substantial. and are applicable as follows: Sanitary Sewer: Applies if the ADU is greater than 1,000 square feet in area or the water meter serving a C dwelling and ADU is required to be larger than 3f.-inch.An ADU that exceeds the thresholds is subject to a sewer SDC.The 2017 rate is$5.500. Al MN Transportation Development Tax: The 2017 rate is $5,423. 0 Park SDC: is charged at one-half the single-family rate.The 2017 rate is$10,800/2 =$5,400. School CET: is charged at the single-family rate when new square footage is added to the dwelling.The C3 1.26 per square toot of new building area (does not apply to an ADU created within an existing buildingnewfloorareaiscreated). Water: applies if a new (separate) meter or larger meter is required. 20 Hillsboro: 21 HNlatxma Munldpsl Code CHAPTER 12 COMMUNITY DEVELOPMENT CODE SU CHAPTER 12A4)SPECIAL USE STANDARDS 12.40.230 Secondary Dwelling Units. A. Secondary dwelling units(SDUs)are defined in Section 12.01.500,and provide the following housing opportunities 1. Accommodating additional density in existing neighborhoods with minimum cost and disruption to surrounding neighborhood 2. Allowing more efficient use of existing housing stock and infrastructure; 3. Providing a mix of housing in response to changing family needs and smaller households; 4. Allowing seniors,single parents,families with gown children and other residents to remain in their homes and neighborhoods 5. Providing a broader range of Housing Types and costs. H. Approval Process.Where permitted,SDUs arc subject to review and approval pursuant to Section 12.80.040. C. Creation of an SDU.Secondary dwelling units may be attached or detached from the primary dwelling on the lot,and may be creat 3 methods: 1. Converting existing floor area in an existing dwelling or attached garage(attached SOU); 2. Adding new floor area to an existing dwelling or garage(attached SDU).An SDC connected to the primary residence by an ar structural connection between the dwellings(such as a breezeway)is considered attached;or 3. Constructing a separate unit on a lot with a new or existing primary dwelling(detached SDU). D. Standards.Construction and occupancy of an SDU shall conform to the following standards; I. f(]ccupancy Restriction.An SDU shall nut be occupied by more than 1 related or unrelated persons. 2. Location and Number.An SOU shall be located on the same lot as the primary detached or attached single family dwelling. L a(lowet per tot. 3. Minimum Lot Area Required.An SDU is not permitted on a lot with an area less than the minimum required lot area of the air 4. Parking.One off-street parking space is required for a SDC The parking space for the SDU shall be independently accessible parking szace(s)for the primary dwelling_ 5. Minimum and Maximum Floor Area_SDUs shall be at least 250 square feet,but not more 750 square feet in area.- 6. Code Compliance.SDLs shall comply with applicable building,fire,health and safety codes. 7. Placement. a. Except as provided in paragraph b below,an SDU must conform to the standards of the applicable zone regarding buildin coverage.and setbacks. If the applicable zone has standards for the placement of SDUs,such standards supersede this Section b. A detached SDU meeting the following specifications may be located within 5 feet of a side or rear property line: i. The total area is 450 square feet or smaller, ii. F3uilding height is 1 story(maximum 10 feet measured mid-point between the roof peak and the roof cave); iii. The SDG is placed behind the front building plane of the primary dwelling. On interior lots,detached SDUs and attached SDUs attached by a breezeway must be located behind the rear 1 of the primary dwelling; On corner lots SDUs must be located behind the front building plane on both streets. iv, The SDU is separated from any other structure on the site by at least 6 feet;and v. The outer edges of the eaves are at least 2 feet from the side and rear property lines. c. SDUs cannot be located in any public or private utility or access easement. 8. Entrances for Attached SDUs.A new attached SDU shall not have a ground floor entrance on the front elevation of the primar unless the primary dwelling had more than I ground floor entrance on that elevation before the SDU was added.An attached SDU i front elevation entrance on the second floor from a balcony or deck. 9. Architectural Standards. a. Exterior Finish Materials. Exterior finish materials must visually match,in type,size and placement,the exterior finish of residence, b. Roof Pitch.Root pitch shall be the same as the predominant roof pitch of the primary residence. 22 Portland! IV. SUMMARY OF ZONING STANDARDS City of Portland The base zones (Chapters 33.110, Single-Dwelling Zones, Chapter 33.120, dwelling Zones, Chapter 33.130, Commercial Zones, and Chapter 33.140, Employment and Industrial Zones) provide standards for all detached acces structures, including detached ADUs. Chapter 33.205 of the Portland Zoninc provides the additional requirements for all Accessory Dwelling Units (ADU Portland Zoning Code can be found at www.portlandoregon.govlzoningcodc is a summary of those standards. For more information, call the Zoning lnfc line (see "Contact Information" at the end of this Program Guide) or visit the Development Services Center. A. General. 1 . ADUs are allowed on sites that are zoned Residential, Commercial, Central Employment (EX) zone and can be created accessory to a he detached single family dwelling), an attached house (rowhouse) or a manufactured home. ADUs are not allowed with other development 1 duplexes) andmy one ADU is allowed per site. An ADU is also not with an attache ouse usingtfielirovisioor attached houses on cc 33.110.240.E. Part 3 (121st Avenue Cottages): 13613 SW 121st Ave, aka "121st Avenue Cottages LLC": sequence: sold/bought 4/23/19 23 City of11 TIGARD Tigard, I Seam II Property Plannrn. Tran .rtatlon I UtlHtles Aerial Phoins Street View Prim I Summary I Permits I Community I Businesses I Lquor Licenses I Hazares I Fats I Benchmarks I l:xolor 13613 SW 121ST AVE, TIGARD Properly Summary j .:_ f -,._I ., L.c-g_ 13 ill L I 17---- I __ _ Q133!r_Cr ok Ln ? i- I 1 sI _l l I s f Al A. . ' Imi _..j , iwI . _ J .1 I iR.D E-5 T r 4I r t< H Irk. V4blotters m.• nIiiICJI _ 4_ IF 3,,d w*-. Kelly in 11,l Property Owner Info Tax ID Number, 2SI03CB04903 Tax Account Number: R14C5376 Owner Address: Owner City:TIGARD Owner State: OR Owner ZIP: 97224 Acres: 0,48 Sq Ft: 20,908,8 Bldg SF: 1,763 Bldg Value: S 151,320 Land Value:S 250,820 Total Value:S 402,140 Taxable Ass'd Value: 247180 Saie Price: 415,000 Sale Dake: 04/23/2019 24 Registered 121st Avenue Cottages as LLC 7/9/19 with a contracted agent: 25 rceen ae oak uuanreaa r cyrau yrreucnar ,vr uwneca aviary puww uniform commercial code uniform commercial code search documents&data se Business Name Search New Search Printer Friendly, Business Entity Data 1574423-94 DLLC ;ACT I OREGON 07-09-2019 Entity Nam 121ST AVENUE COTTAGES,LLC r Foreign Name New Search Printer Friendly Associated Names Type IPPB (PRINCIPAL PLACE OF BUSINESS I Addr 1 502 7TH ST#207 Addr 2 C$t OREGON CITY IOR 197045 I Cosadry 'UNITED STATE Please click her for general information about registered agents and service of process. Type IAGT REGISTERED AGENT start Deter 107-09-2019 Name CHRISTOPER 1STAGGS I Addr 1 502 7TH ST#207 Addr 2 CsZ OREGON CITY OR 147045 Iammry (UNITED STATE, Type MAL MAILI•NG ADDRESS Addr 1 502 7TH ST#207 Addr 2 Cs2 OREGON CITY IOR 197045 opuntty (UNITED STATE Type GR (MANAGER m Of Record 1156531-98 'ARIA TOUCH,LLC Addr 1., ,._502 7TH ST#207 Addr 2 CSZ OREGON CITY IOR I97045 Cdontry (UNITED STATE a s Pinter Friendly NameHist° Business Entity Name 121ST AVENUE COTTAGES,LLC Please read before ordering Copies. New Search Printer Friendly Summary History AvaNable AMtlon Telemitictkdn Dele Date ARTICLES OF ORGANIZATION I 07-09-2019 Fl Receipt for Land Use applic. 9/9/19 [+ Note: Cashier ID = SWARREN] 26 CITY OF TIGARD RECEIPT j 13125 SW Hail Bivd.,Tgard OR 97223 503 639 4171 Project Name: 121s1 Avenue Cottages Site Address: 16113 SW 121ST AVE Receipt Number: 425706 = 09/0912019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID SDR2019-4100133 Land Use M=sc. 100-0000-€3116 SU 00 Total: 0.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Cash SWARREN 09.'09.,2019 5406.00 Payer. 121st Avenue Cottages LLC Total Payments: 5406 L` Balance Due: 50.[*;1 Project Description: "Cottage cluster of 8 cottages" Owner: Jason Snider 27 Home Building Engineering Planning Code Compliance Search Applications/ Pay Fees Record SDR2019-00003: Site Development Review Record Status: Under Review Record Info Payments 13613 SW 121ST AVE Applicant: Project Description: Ov Christopher Staggs 121st Avenue Cottages Ana Touch LLC Cottage cluster of 8 cottages at 13613 SW 121st Ave. 502 Main Street Oregon City, OR,97045 Primary Phone:5039543408 Chris@ aria tout h,com More Details O Related Contacts O Parcel Information Project Location: property is backed up to an adjacent HOA, and is a single family residence lot, and zoned R4.5 throughout the neighborhood. 28 ra 'ANN Pt LW a Z W In 544 ti, 1 n 4r1V 5 ( i) 5w ERRaL STW p CO r 3 I- r C1- CO U) 11.1 a d• Site Development Review a. Li r of T S W B L u` SUMMARY e t' ‘' r)—. Project Name: 121st Avenue r ec 5 Q a s y Cottages Site Address: 13613 SW :21ST SV AVE, TIGARD, DR 97223 Case Number: SDR2019-00003 OyGEN CT Status: Incomplete DERRY D DESCRIPTION k, SW MA Cottage cluster of 8 cottages at 13613 51 SW 121st Ave. a d S 4v H r1 t ! G ADDITIONAL INFORMATION t• t4L5‘ 5 SW Ml S Project Details 14 S V RUA11 CREEK LN Proiect Documents w 54r a -1 dQ SW FAIRHA SW WHJS"ite a o ac SW yvHIS w v 0) SW FAIRHAVEF s a Si, KELLY LN SW ROSE MS 3. sW VIEWM° v. d~ dZ- SW GAAROE S r SW GARDEN PP sw GAARDESWAMESLNcnw S co sw cnI P i .I There is 1 current applicant for a "cottage cluster" in Area 10, map current thru 1/7/20 29 GPr- Land Use Applications J 0. A summary of the city's active land use permits N .— cn Click any of the map symbols to learn more about N s the application and find links to related permit W z documents. sL a' ti ui Sry LYNN Sr il T az a 4Foradditionalinformation,visit Permit Services on N ANN C T m the web. 7 KARFN ST 6 SW ANN s r Tigard tr. ANIS, p U.'L Status cr Av E z w Received a ry Under Review P4 JS n t up j Approved S S tTPL 544zWTIPQ co QAppealed 4 SW CARMEN ST z se SW FSLJ' 6;4' LANSD 3 3 iz SW ALBERTA 5TcoNW4 U) a N LN J SW FONNER ST p M DR a v' Cay' P r E G` a iy o SW JAMES ST v, 0 shr A a S 4.-Et'Ace /y ? =1 P 9 o cF t 5 SFSvSWMARIONST W R' fl h z S SW HOLLOW LN 4. P vJ WAy w As Ili C J S Sy1,,r G' 4 C..\' 3 Y QUAIL CREEK 4P LN 4 0 RHINC C. e r w S 4 z S c x C dOO7 y co 0 SW WHIS7LE?!` Sx w 44'u: Z S SW WHIS/` y wSp! c j,IOODSHIRE LN aKELLY 4N SW ROS c MS o L.5 JCiEF 3o En S W c. r 214 w._ z SW GAAROE ST ul 30 AGENDA ITEM No. 5 Date: January 7, 2020 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYSTEM DEVELOPMENT CHARGES This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: January 7, 2020 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and available to members of the public. The names, and addresses ifprovided, ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4062 6. Business Meeting One Meeting Date: 01/07/2020 Length (in minutes): 10 Minutes Agenda Title: Public Hearing: Consider Resolution to Amend Master Fees and Charges Schedule for Residential Parking Fees Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution Main Public Hearing- Informational Public Hearing: Yes Publication Date: Information ISSUE Shall Council adopt a resolution to establish a new fee for all residential parking zones? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends Council approve the resolution as presented. KEY FACTS AND INFORMATION SUMMARY On December 3,2019, Council adopted Ordinance 19-21, establishing Tigard Municipal Code (TMC) 10.30, related to residential parking zones. This chapter replaced the previous residential parking zone program under TMC 10.28.175. Residential parking zones approved under the previous code continue in place until the zone is repealed or modified. Those include the existing zones on 87th, 88th, 92nd, 93rd,Martha,Millen, Stratford Loop, Stratford Court,Avon Street,Avon Court and Julia Place, all established pursuant to Resolution 91-62. Resolution 91-62 also established a$10 per year permit fee for processing each request for a permit. While the zones established by Resolution 91-62 will remain in effect, the $10 fee is no longer sufficient to cover the City's costs for processing. The new proposal is for$60 for the first two permits, or$30 each. The cost will be$60 each beyond the first two permits. Two guest passes will be free;additional will have to be purchased at$60 per permit. Violations of TMC 10.30 will be treated consistently with "All Other Parking Violations" on the City's Master Fees and Charges schedule and will have a fine of$53 per violation. OTHER ALTERNATIVES Council could choose to not approve the changes or make additional amendments to the program or fees. If program changes are desired, Council is requested to give staff consensus direction for program changes and staff will bring amendments to a future business meeting. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Places associated fees onto the Master Fees and Charges Schedule. DATES OF PREVIOUS COUNCIL CONSIDERATION December 3, 2019 Council adopted Ordinance 19-21 which established Tigard Municipal Code 10.30, a new residential parking zone program. Attachments Resolution Exhibit A-Master Fees and Charges CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION AMENDING THE MASIER FEES AND CHARGES SCHEDULE TO ESTABLISH A FEE FOR RESIDENTIAL PARKING PERMITS WHEREAS, on December 3, 2019, the Tigard City Council adopted Ordinance 19-21, which established Tigard Municipal Code(TMC) 10.30,a new residential parking zone program for the City;and WHEREAS,TMC 10.30 replaced the prior residential parking program in TMC 10.28.175;and WHEREAS, residential parking zones approved under TMC 10.28.175 continue in effect under TMC 10.30 unless repealed or modified;and WHEREAS,the original residential parking zones were established by Resolution 91-62;and WHEREAS, Section 3 of Resolution 91-62 established a $10 per year permit fee for residential parking zones, which is no longer adequate to address the City's cost in processing these permits;and WHEREAS,Council now desires to adopt a new processing fee for all residential parking zones. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Master Fees and Charges for the City of Tigard are amended as shown in the attached schedule (Exhibit A). SECTION 2: Section 3 of Resolution 91-62 is hereby repealed. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 20- Page 1 Department Revenue Source Fee or Charge Effective Date CITYWIDE Attorney Time Current attorney billing rate 1999 4GB Flash Drives 11.00 each 7/1/2011 Candidate Nomination Petition Fee 50.00 DVD/CD 10.00 7/1/2015 Faxes for Public 2.00 /first page 7/1/2007 1.00 /each additional page Microfiche Sheet Copies 1.00 /sheet up to 50 sheets plus 7/1/2007 staff time Photocopies 8-1/2 x 11 0.25 /page 1999 8-1/2 x 14 0.50 /page 1999 11 x 17 1.00 /page 7/1/2005 17 x 24 1.50 /page 7/1/2007 36 x 36 2.50 /page 7/1/2007 Candidate Nomination Petition Fee 50.00 7/1/2008 Oversized Copies 2.50 /page 7/1/2011 Photographs Actual Cost 1999 Recording of Documents Actual Cost 1999 Research Fee Staff hourly rate+Citywide Overhead 2/7/2002 Fee+Materials Staff Hourly Rate for Miscellaneous Billing Staff hourly rate+benefits+paid time off+ 7/1/2015 and Reimbursement Agreements administrative time+department overhead+citywide overhead as determined by most recent A-87 Indirect Cost Study Based on the agreement,all,or part,of the components of the A-87 Indirect Cost Study may be used. Page 1 Department Revenue Source Fee or Charge Effective Date CITYWIDE- Parking Permits and Fines* PARKING Downtown Parking Permit 37 /month 1/1/2020 Construction Parking Permit 5 /day/space in 2-hour zone 2/2/2018 3 /day/space in 4-hour zone 2/2/2018 Residential Parking Permit 60 Annually for first two(2)permits 2/1/2020 0 Guest permit(two issued with first two permits) 2/1/2020 60 Annually for each additional permit 2/1/2020 Overtime Parking Violation 53 1/1/2020 Disabled Parking Violation*** 165 2/2/2018 All Other Parking Violations 53 1/1/2020 Adjusted annually in conjunction with the West Consumer Price Index(CPI)-If index is insufficient to increase fee in whole dollar, increase will compoud into the nextyear. All violations have a minimum of 50%of that ksted. Disabled Parking Violation fine is bound to the State of Oregon statutory limit. Page 2 AGENDA ITEM No. 6 Date: January 7, 2020 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING: CONSIDER RESOLUTION TO AMEND MASTER FEES AND CHARGES SCHEDULE FOR RESIDENTIAL PARKING FEES This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: January 7, 2020 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and available to members of the public. The names, and addresses ifprovided, ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4067 7. Business Meeting One Meeting Date: 01/07/2020 Length (in minutes): 15 Minutes Agenda Title: Local Contract Review Board: Consider Revisions to the City's Public Contracting Rules Prepared For: Christine Moody Submitted By: Christine Moody,Finance and Information Services Item Type:Motion Requested Meeting Type: Local Resolution Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board adopt revisions to the City's Public Contracting Rules? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board (Board) approve the resolution revising the Public Contracting Rules so the City and Tigard City Center Development Agency may be in compliance with Oregon Revised Statutes Chapters 279A, 279B, and 279C. KEY FACTS AND INFORMATION SUMMARY The City of Tigard has previously adopted and used rules applicable to public contracting,including rules covering procedure and governing exemptions. The current Public Contracting Rules (PCRs) were adopted in April 2013 and while these rules have kept the City largely in compliance with applicable state statutes it is time to incorporate legislative updates. Most important are changes to the procedures for procuring architects, engineers,land surveyors,photogrammetric mapping and transportation planners through the Qualification Based Selection (QBS) process. Staff is also recommending a few minor revisions that,while not required by law, statute, or rule,will help with streamlining to better serve the City's day-to-day activities. An impact matrix of the proposed revisions is attached. OTHER ALTERNATIVES Council could choose not to approve all or some of the revisions and leave the current PCRs in place and the City will follow the Attorney General's Model Public Contracting Rules where the PCR's do not address an issue. The Council could choose not to approve the revisions, dissolve the current PCRs and direct the CitytofollowtheAttorneyGeneral's Model Public Contracting Rules. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The Local Contract Review Board approved the current Public Contracting Rules on April 2, 2013. Fiscal Impact Cost: Budgeted (yes or no): Where budgeted?: Additional Fiscal Notes: There is no fiscal impact for this item. Attachments Resolution Exhibit A Public Contracting Rules 2020 Public Contracting Rules Impact Matrix CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD RESOLUTION NO. 20- A RESOLUTION AMENDING THE CITY'S PUBLIC CONTRACTING RULES WHEREAS, the City of Tigard has previously adopted and used rules applicable to public contracting, including rules covering procedure and exemptions; and WHEREAS, the proposed amendments incorporate recent legislative changes in statute into Tigard's Public Contracting Rules (PCRs) in order to remain in compliance with Oregon Revised Statutes Chapters 279A; 279B and 279C collectively known as the "Public Contracting Code" some of which take effect January 1, 2020; and WHEREAS, the City Council determines that the PCRs, as revised, better suit the needs of the City than the proposed Attorney General Model Rules (Model Rules); and WHEREAS, the City of Tigard's Public Contracting Rules will be revised to meet the requirements established under the revised Public Contracting Code. NOW,THEREFORE, BE IT RESOLVED by the Tigard Local Contract Review Board that: SECTION 1: The City Council, as the Local Contract Review Board hereby adopts rules attached as Exhibit A pursuant to the authority granted the Board by Tigard Municipal Code Section 2.46. These rules apply to all contracting, purchasing and disposing of surplus personal property by the City of Tigard. SECTION 2: The Model Rules adopted or to be adopted by the Attorney general do not apply to contracting for the City of Tigard. SECTION 3: The City Council, acting as the Local Contract Review Board, hereby establishes the revised Public Contracting Rules. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2020. Local Contract Review Board Chair- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 20 - Page 1 CITY OF TIGARD-LOCAL CONTRACT REVIEW BOARD PUBLIC CONTRACTING RULES APRIL 2013 The following Public Contracting Rules (PCRs) have been adopted by the City Council acting as the Local Contract Review Board pursuant to the authority granted to the Board by Tigard Municipal Code Section 2.46. The rules apply to all contracting,purchasing, and disposing of personalproperty by the City of Tigard but do not apply to acquisition,sale or other transfer of real property. TABLE OF CONTENTS 10.000 COMPETITIVE PROCESS REQUIRED}EXEMPTIONS 10.010 Competitive Process,Exemptions, Definitions 10.015 Exemption of Contracts Under Certain Dollar Amounts 10.020 Contracts for Price Regulated Items 10.025 Library Periodicals 10.030 Advertising Contracts 10.035 Equipment Maintenance Repair and Overhaul 10.040 Purchases under Established Price Agreements 10.045 Gasoline,Diesel Fuel,Heating Oil,Lubricants and Asphalt 10.050 Investment Contracts 10.055 Insurance Contracts 10.060 Employee Benefit Insurance 10.065 Office Copier Purchases 10.070 Sole Source Procurement 10.075 Contract Amendments (Including Change Orders and Extra Work) 10.080 Affirmative Action Contracts 10.085 Cooperative Procurements . . - 0 .- O -- '.:: 10.086 Joint Cooperative Procurements 10.087 Permissive Cooperative Procurements 10.088 Interstate Cooperative Procurements 10.090 Oil or Hazardous Material Removal 10.095 Contracts with Qualified Rehabilitative Facilities 10.100 Ammunition 10.105 Public Improvement Contracts Involving Design or Construction Management 10.110 Individual Exemptions 10.115 Class Exemptions 10.120 Justification of Public Improvement Contracts Awarded by Other Than Competitive Bidding 10.125 Software and Hardware Maintenance,Licenses,Subscriptions and Upgrades 10.130 Telecommunication Services 10.135 Developer Provision of Public Improvements 10.140 Temporary Personnel Services 15.000 PRICE AGREEMENTS 15.010 Price Agreements 20.000 BRAND NAMES 20.010 Specification of Particular Brand Names or Products 20.015 Copyrighted Materials 20.020 - - - - _ . - . - : :... - ::. - 1Page 20.025 Product Pre-qualification 20.030 Brand Name or Equal SpecificationsMark Exemption 25.000 MINORITY OWNED. WOMAN OWNED.EMERGING SMALL BUSINESSES AND SERVICE-DISABLED VETERAN OWNED BUSINESSES 25.010 Minority Owned Businesses,Woman Owned Businesses,and Emerging Small Businesses 25.015 Authority to Require Contracting with Certified Emerging Small Businesses and Businesses that Service-Disabled Veterans Own 30.000 FORMAL COMPETITIVE PROCESSES 30.010 Definitions 30.015 Competition 30.020 Eligibility to Bid on Construction Contracts 30.025 Solicitation Documents 30.030 Bids and Proposals Are Offers 30.035 Public Notice 30.040 Bid or Proposal Preparation 30.045 Bidder Pre-qualification 30.050 Bidder Submissions 30.055 Bid Security 30.060 Pre-Bid or Pre-Proposal Conferences 30.065 Addenda to Solicitation Documents 30.070 Pre-Opening Modification or Withdrawal of Bids of Proposals 30.075 Receipt,Opening,and Recording of Bids and Proposals 30.080 Late Bids,Proposals,Late Withdrawals,and Late Modifications 30.085 Mistakes 30.090 Time for Acceptance 30.095 Extension of Time for Acceptance of Bid 30.100 Evaluation and Award 30.105 Life Cycle Cost Analysis 30.110 Responsibility 30.115 Responsive and Non-responsive Bids or Proposals;Acceptance and Rejection 30.120 Low Tie Bids 30.125 Rejection of Individual Bids or Proposals 30.130 Rejection of All Bids or Proposals 30.135 Protests of Award 30.140 Other Protests 30.145 Negotiation 30.150 Bidder Disqualification 30.155 Cancellation of Invitations to Bid or Requests for Proposals 30.160 Disposition of Bids or Proposals if Bid is Cancelled 30.165 Documentation of Award 30.170 Foreign Contractor 30.175 Contract Terms and Conditions 30.180 Availability of Award Decisions-Contract Retention 30.185 Requests for Proposals 30.190 Performance and Payment Security 30.195 Right to Audit Records 30.200 Right to Inspect Plant 30.205 Contract Cancellation and Termination Procedures 21Page 40.000 PUBLIC IMPROVEMENT CONTRACTS 40.010 Application 40.015 Competitive Bidding 40.020 First Tier Subcontractor Notice 40.025 First Tier Subcontractor Disclosure 40.030 Bid Evaluation and Award 40.035 Contract Cancellation Procedures 40.040 Retainage 40.045 Progress Payments 40.050 Final Inspection 40.055 Final Estimate and Final Payment 40.060 Claims for Unpaid Labor or Supplies 40.065 Planning for Public Improvements 40.070 Prevailing Wage Laws 50.000 WAIVER OF SECURITY BID AND PERFORMANCE BOND 50.010 Bid Security Requirements 50.015 Contracts Under $10,000 50.020 Subcontracting to Emerging Small Businesses 60.000 PROPERTY DISPOSITION 60.010 Surplus Personal Property 60.015 Auction Sales of Personal Property 60.020 Sales of Personal Property 60.025 Liquidation Sales of Personal Property 60.030 Donations of Personal Property 60.035 Trade of Personal Property 60.040 Disposal of Surplus Property Meeting Hazardous Waste Definitions 70.000 PERSONAL SERVICES CONTRACTS 70.010 Personal Services Contracts 70.015 Screening and Selection Policy for Personal Services Contracts 70.020 Amendments 70.016 Screening and Selection Policy for Architects,Engineers,Land Surveyors, Photogrammetric Mapping,Transportations Planning and Related Services 80.000 EMERGENCY CONTRACTS: SPECIFIC EXEMPTION REQUIREMENTS; BOARD EXCEPTION;PROCEDURES;TEMPORARY EXCEPTIONS 80.010 Emergency Contracts 90.000 RECYCLABLE,RECYCLING. AND SUSTAINABLE PURCHASING GUIDELINES 90.010 Recycled Materials and Products Guidelines 90.015 Recycled Materials Preference 90.020 Recycled Materials and Products Purchasing Guidelines 90.025 Sustainable or"Green"Purchases 3IPaze PCR 10.000 - COMPETITIVE PROCESS REQUIRED, EXEMPTIONS 10.010 COMPETITIVE PROCESS,EXEMPTIONS AND DEFINITIONS A. All public improvement contracts shall be based upon competitive bidding unless meeting an exception listed here within. All other public contracts shall be based upon competitive bidding or competitive proposals (collectively"formal competitive process"),except the following: 1. Contracts made with other public agencies are not subject to these rules,except to the extent that the rules explicitly allow certain transactions with other public agencies. 2. Contracts which are exclusively for personal services as determined by application of Public Contract Rule (PCR) 70.010. Such contracts may include incidental materials such as written reports,architectural or engineering renderings,and similar supplemental materials. 3. Grants and contracts evidencing acceptance of donations by the City. 4. Contracts for professional or expert witnesses or contractors relating to existing or potential litigation or other legal matters. 5. Transfers of real property or any interest in real property. 6. Energy savings performance contracts. 7. Contracts relating to bonds, certificates of participation, and similar debt repayment obligations,or to program loans,or to public investments. 8. Employee benefit plans. 9. Contracts specifically exempt under the following rules: 10.015 Exemption of Contracts under Certain Dollar Amounts 10.020 Contracts for Price Regulated Items 10.025 Library Periodicals 10.030 Advertising Contracts 10.035 Equipment Maintenance Repair and Overhaul 10.040 Purchases under Established Price Agreements 10.045 Gasoline,Diesel Fuel,Heating Oil,Lubricants,and Asphalt 10.050 Investment Contracts 10.055 Insurance Contracts 10.060 Employee Benefit Insurance 10.065 Office Copier Purchases 10.070 Single Seller of Product 10.075 Contract Amendments (Including Change Orders and Extra Work) 10.080 Affirmative Action Contracts 10.085 Purchases Off Contracts by Other Public Agencies 10.090 Oil or Hazardous Material Removal 10.095 Contracts with Qualified Non-profit Agencies 41Page 10.100 Ammunition 10.105 Public Improvement Contracts Involving Design or Construction Management 10.110 Individual Exemptions 10.115 Class Exemptions 80.010 Emergency Contracts B. As used in this Section: 1. "Board"means the City of Tigard Local Contract Review Board. 2. "City" or"The City"means Tigard, Oregon. 3. Competitive bidding" means a competitive sealed bid procedure for awarding contracts following the rules set forth in PCR 30.000. 4. "Competitive quotes"means the solicitation and receipt of offers by the City from competing vendors, The solicitation may be by advertisement or by the City initiating arequest to vendors to make an offer.The solicitation and the offer may be written or oral. 5. "Invitation to Bid" means the solicitation of competitive bids in which price among those bidders meeting specifications will be the predominant award criterion. 6. "LCRB"means the City of Tigard Local Contract Review Board. 7. "Personal property" means everything subject to ownership which is not real property and has exchangeable value. 8. "Price Agreement" means an agreement in which the vendor agrees to supply all goods or services of a particular type ordered by the City within a specified time period at a specified price and on terms specified in the price agreement. 9. "Public agency"means any federal,state or local government,or any department of any federal, state or local government,including any local school or education City or any specialdistrict. 10. "Request for Proposal" means the formal solicitation of competitive written proposals to be used as a basis for making an acquisition or entering into contract when price will not be the predominant award criterion, following the rules set forth in Section 30.010 to 30.205. 11. "Service" means work performed to meet a demand,especially work that is not connected with manufacturing a product. 12. "Service contract" means a contract that calls primarily for a contractor's time and effort rather than an end product. 13. "Telecommunications Services" means the lease or rental of the use of voice and data transmission facilities or services,or of central office services, but does not include acquisition of switch or station equipment or acquisition or installation of wire and cable. 5 I Page C. When a contract is exempt from a formal competitive process, the City shall use reasonable efforts to ensure it is obtaining goods or services on the best terms (price, quality and other terms). Those efforts shall normally include seeking out potential contractors and determining price and availability by use of informal quotes or other similar methods. The City shall not knowingly purchase goods or services if it knows that comparable goods or services are available at lower cost on otherwise similar terms. 10.015 EXEMPTION OF CONTRACTS UNDER CERTAIN DOLLAR AMOUNTS A. Public Contracts Other Than Public Improvements Contracts The City may, in its discretion, enter into public contracts other than public improvements contracts without a formal competitive process if the value of the contract does not exceed 1500,000. If this exemption is applied,the City must use either the small contract or intermediate contract procedures set forth in Subsections C and D of this section. This exemption does not authorize City employees or officials to enter into an agreement in excess oftheir dollar authority to bind the City. B. Public Improvements Contracts The City may, in its discretion, enter into public improvement contracts without competitive bidding if the value of the contract is between $5,000 and does not exceed $100,000. If this exemption is applied, theCity must use either the 2mall contract or Iintermediate Procurement contract Pprocedures set forth in Subsection C and D of this section. This exemption does not authorize City employees or officials to enter into an agreement in excess of their dollar authority to bind the City. C. Small ProcurementContract Procedures When the amount of the contract does not exceed $10,000, the City may award the contract from any source known to the City to provide goods or services of acceptable quality at competitive prices. The City may not knowingly use a more expensive source if the goods orservices of equivalent quality are readily available from alternate sources on the same terms atlower prices. D. Intermediate ProcurementContract Procedures When the amount of the contract does not exceed $1500,000, but is more than $10,000, the City may award the contract after seeking at least three competitive quotes or proposals. The City shall keep a written record of the source and amount of the quotes or proposals received. If three suppliers are not available, a lesser number of actual quotes or proposals will suffice provided that a written record is made of the good faith effort to obtain the quotes or—proposals. E. No Division or Fragmentation of Contracts State law prohibits a procurement of goods and/or services from beingmay not be artificially divided or fragmented so as to constitute a small procurement under these to allowuie these Rules. 61Page 10.020 CONTRACTS FOR PRICE REGULATED- ITEMS The City may,without formal competitive process,contract for the purchase of the goods or services where the rate or price for the goods or services being purchased is established by federal, state,or local regulatory authority. 10.025 LIBRARY PERIODICALS Purchases for the library of subscriptions for periodicals including journals, magazines, and similar publications may be made without formal competitive process. However, this provision does not authorize the use of a higher priced source if a lower price source of acceptable quality is known tobeavailable. 10.030 ADVERTISING CONTRACTS The City may purchase advertising without formal competitive process. 10.035 EQUIPMENT MAINTENANCE, REPAIR,AND OVERHAUL Contracts for equipment maintenance,repair, or overhaul may be let without a formal competitive process, subject to the following conditions: A. The services and/or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing;or B. The services and/or parts required are for sophisticated equipment for which specially trained personnel are required and such personnel are available from only one source. The City should,where possible,use a price agreement rather than relying on this exception. 10.040 PURCHASES UNDER ESTABLISHED PRICE AGREEMENTS When the price of goods and services has been established by a price agreement entered into by a competitive process,the City may purchase goods and services from the supplier without a subsequent competitive process for the duration of the price agreement. 10.045 GASOLINE,DIESEL FUEL,HEATING OIL,LUBRICANTS AND ASPHALT The City may,without a competitive process,purchase gasoline,heating oil,lubricants, and asphalt subject to the following: 7 I Page A. Prior to selection of the contractor,the City gets quotes from at least three vendors in the area; B. The City makes its purchase from the least expensive source of those providing quotes; and C. The City retains written justification for the purchase made. 10.050 INVESTMENT CONTRACTS The City may, without a formal competitive process, contract for the purpose of the investment of public funds or the borrowing of funds by the City when such investment or borrowing is contracted pursuant to duly enacted statute,ordinance,charter,or constitution. 10.055 INSURANCE CONTRACTS Contracts for insurance where either the annual or aggregate premium exceeds $5,000 must be let by a formal competitive process or by one of the following procedures: A. Agent of Record The City may appoint a licensed insurance agent ("agent of record") to perform insurance services in connection with more than one insurance contract. Among the services to be provided is the securing of competitive proposals from insurance carriers for all coverages forwhich the agent of record is given responsibility. Proposals for coverage are presented to theCity Manager or designee for approval: 1. Prior to the selection of an agent of record, the City shall make reasonable efforts to inform known insurance agents in the competitive market area that it is considering such selection. These efforts shall include a public advertisement in at least one newspaper of general circulation in the area. The advertisement shall generally describe the nature of the insurance that the City will require. if the amount of the annual premium for insurance other than employee benefits insurance is likely to exceed$10,000 per year,such notice shall also include a public advertisement in at least one insurance trade publication of general circulation in the state. 2. An agent's appointment shall not exceed a period of 5 years, but the same agent(s) may be selected in a subsequent period. Agents must qualify the appointments prior to each period as if each appointment period were the first. 3. In selecting an agent of record,the City shall select the agent(s)most likely to perform the most cost effective services at a level of competence acceptable to the City. B. Specific Proposals for Insurance Contracts The City may solicit proposals from licensed insurance agents for the purpose of acquiring specific insurance contracts subject to the following conditions: 1. The City shall make reasonable efforts to inform known insurance agents in the competitive market area of the subject matter of the contract and to solicit proposals for providing the 8IPage services required in connection with that contract. Such efforts shall include public advertisements in at least one newspaper of general circulation in the area. If the amount of annual premium for insurance other than employee benefits insurance is likely to exceed 10,000 per year, such notice shall also include a public investment in at least one insurance trade publication of general circulation in the state. 2. The City shall select an agent on the basis of the most competitive offer considering coverage,premium cost,and service to be provided. 10.060 EMPLOYEE BENEFIT INSURANCE The City may purchase employee benefit insurance without formal competitive process. Such contracts include administrator of employee Flexible Spending Account Administration and Medical Claims Third Party Administration. 10.065 OFFICE COPIER PURCHASES A. The City may enter into contracts for the purchase or lease of photocopiers without formal competitive process. B. In exercising this exemption, the City shall consider the operating capabilities, limitations, and cost of each brand or model as well as cost and select the brand and vendor that will produce the best combination of performance and cost per copy for each application. 10.070 SOLE-SOURCE PROCUREMENT The City may purchase without a formal competitive process if there is only one seller (sole seller) of a product or service of the quality required, or if the efficient utilization of existing equipment or supplies requires specification of a compatible product for which there is only one seller. The determination of a sole source must be based on written findings as required by ORS 279B.075. A sole source contract may be awarded only after approval of the findings by the City Manager, Assistant City Manager, or designee. To the extent reasonably practical, the City shall negotiate with single sellers to obtain the best possible contract terms for the City. 10.075 CONTRACT AMENDMENTS (INCLUDING CHANGE ORDERS AND EXTRA WORK) A contract amendment for additional work, including change orders, extra work, field orders, or other change in the original specifications which increases the original contract price, may be made with the contractor without adhering to the requirements for sealed competitive bids or proposals under ORS chapters 279B or 279C provided: - --.. :--: :: - - -- .: - ; -- ;.; -,- ;-;• _- A. The original contract was let by a small procurement, intermediate procurement or formal competitive process, aithe work added by the amendment is within the scope of the original contract. :-. . B. The amount of the aggregate cost increase resulting from all amendments does not exceed 2 5 9 I Page percent of the original contract amount and is within theproject budget for the current fiscal year, so long as the total contract amount does not exceed$150,000. A:C. Board approval is required for all Aamendments exceeding 25 percent of the original contract amount and when the amended contract amount exceeds $150,000.made pursuant to Section i.i.- the -aggregate amount under -thus section. The BoardLCRB may, inat itssole discretion, approve amendments exceeding the project budget for the current fiscal year if the Board finds it to be in the public's best interest to do so. 10.080 AFFIRMATIVE ACTION CONTRACTS A. Pursuant to ORS 279A.100, Ppublic contracts may be awarded without a formal competitive process pursuant to a specificAffirmative Action plan. "Affirmative Action' is a program designed to insure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, -color,religion, sex, national origin, age, or physical or mental disabilityhandicap or a policy to give a preference in awarding public contracts to disabled veterans., including but not limited to,personncl practiccs of contractors, "set aside" programs, and minority business cntcrpriscs.These rules shall not be construed to prohibit engaging in practices designed to promoteaffirmative action goals and policies. B. In carrying out the affirmative action policy,by appropriate ordinance,resolution or administrative rule, the City may limit competitive bidding on a public contract for procurementof goods and services or on any public contract estimated to cost$100,000 or less to contractingentities owned or controlled by persons described in Subsection A of this section. 10.085 COOPERATIVE PROCUREMENTSPURCHASES OFF CONTRACTS BY OTHER PUBLIC AGENCIES A. The City may participate in, sponsor, conduct or administer a Joint, Permissive or Interstate Cooperative Procurementpurchasc any good or service without a formal competitive process if the good orservice is purchased from a bidder that has been awarded a contract for the same good or service, whether by a requirements contract or by individual contract by another public agencythrough its public contract purchasing procedures if: 1. The source selection methods are "substantially equivalent" to those identified in Sections 10.015 or 30.010 if the solicitation and award process (a) Calls for award of a contract on the basis of a lowest responsible bidder or a lowest and best bidder determination in the case of competitive bids, or on the basis of a determination of the proposer whose proposal is most advantageous based on evaluation factors set forth in the Request for Proposals: (b) Does not permit the application of any geographic preference that is more favorable to Bidders or Proposers who reside in the jurisdiction or locality favored by the preference than the preferences provided in ORS 279A.120(2): and (c) Uses reasonably clear and precise specifications that promote suitability for the purposes intended and that reasonable encourage competition. original contract was awarded by a competitive bid or proposal process or pursuant toan exemption equivalent to an exemption provided by these rules. B. For purposes of this Section the following definitions are applicable: 1. "Administering Contracting Agency" means a governmental body in this state or in another jurisdiction that solicits and established the original contract for the procurement of goods and services in a cooperative procurement. 10 I Page 2. "Cooperative Procurement"means a procurement conducted on behalf of more than one governmental body. "Cooperative Procurement" does not include an agreement formed among only governmental bodies under ORS chapter 190 or by statute,charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies. 3. "Cooperative Procurement Group"means a group of governmental bodies joined through an intergovernmental agreement for the purposes of facilitating Cooperative Procurements. 4. "Interstate Cooperative Procurement"means a permission Cooperative Procurement in which the Administering Contracting Agency is a governmental body.domestic or foreign.that is authorized under the governmental body's laws,rules or regulations to enter into Contracts and in which one or more of the participating governmental bodies are located outside this state. 5. "Joint Cooperative Procurement" means a Cooperative Procurement in which the participating governmental bodies or the Cooperative Procurement group and the bodies'or group's contract requirements or estimated contract requirements for Price Agreements are identified. 6. "Original Contract" means the initial contract or Price Agreement solicited and awarded during a Cooperative Procurement by and Administering Contracting Agency. 7. "Permissive Cooperative Procurement"means a Cooperative Procurement in which the Purchasing Contracting Agencies are not identified. 8. "Purchasing Contracting Agency" means a governmental body that procures goods or services from a contractor based on the Original Contract established by an Administering Contracting Agency. 10.086 JOINT COOPERATIVE PROCUREMENTS A. A joint cooperative procurement is valid only if: 1.The conditions of Subsection 10.085 A are met; 2.The Administering Contracting Agency's solicitation and award process for the original contract or price agreement identifies the Cooperative Procurement Group or each participating Purchasing Contracting Agency and specifies the estimated contract requirements;and 3.No material change is made in the terms.conditions or prices of the contract between the contractor and the Purchasing Contracting Agency from the terms,conditions and prices of the original contract between the contractor and the Administering Contracting Agency. B. A Joint Cooperative Procurement may not be a Permissive Cooperative Procurement. 10.087 PERMISSIVE COOPERATIVE PROCUREMENTS A. The City may enter into a Permissive Cooperative Procurement if: 1.The conditions of Subsection 10.085 A are met; 2.The Administering Contracting Agency's solicitation and award process for the original contract allows other governmental bodies to establish contracts or prices agreements under the terms.conditions and prices of the original contract; 3.The contractor agrees to extend the terms,conditions and prices of the original contract to the Purchasing Contracting Agency:and 4.No material change is made in the terms,conditions or prices of the contract between the contractor and the Purchasing Contracting Agency from the terms,conditions and prices of the original contract between the contractor and the Administering Contracting Agency. 11 I Page B. If the City wishes to enter into a contract or price agreement arising out of a Permissive Cooperative Procurement it must publish notice of its intent to do so if it is estimated that the City will spend in excess of$250,000.on goods and services acquired under the contract or price agreement. The notice of intent must include: 1. A description of the procurement: 2. An estimated amount of the procurement; 3. The name of the Administering Contracting Agency;and 4. A time,place and date by which comments must be submitted to the City regarding the intent to establish a contract or price agreement through a Permissive Cooperative Procurement. C. The City shall advertise the notice in the same manner as provided in Section 30.075 D and shall give the notice required by this rule no fewer than seven (7) days before the deadline for submitting comments. D. If the City receives comments on the intent to establish a contract or price agreement through a Permissive Cooperative Procurement,the City shall make a written determination. 10.088 INTERSTATE COOPERATIVE PROCUREMENTS 1. The City may procure goods and services through and Interstate Cooperative Procurement if: 1. The conditions of Subsection 10.085 A are met; 2. The Administering Contracting Agency's solicitation and original contract allows other governmental bodies to establish contracts or price agreements under the terms, conditions and prices of the original contract;and 3. The Administering Contracting Agency permits the contractor to extend the use of terms-conditions and prices of the original contract to the Purchasing Contracting Agency;and 4. The City: a. was listed in the solicitation as a party that may establish contracts or price agreements under the terms.conditions and prices of the original contract and the solicitation was advertised in Oregon,or b.is a member of a Cooperative Procurement Group and the Group was listed in the solicitation of the Administering Contracting Agency as a party that may establish contracts or price agreements under the terms.conditions and prices of the original contract and the solicitation was advertised in Oregon;or c.publishes a notice of intent to establish a contract or price agreement. The notice shall include (i) a description of the proposed procurement; (ii) an estimated amount of the proposed procurement;(iii)the name of the Administering Contracting Agency;and (iv) a time,place and date by which comments must be submitted to the City regarding its intent to establish a contract or price agreement through and Interstate Cooperative Procurement. d.for procurements in excess of$250,000 advertise the notice in the same manner as provided in Section 30.075 D and shall give the notice required by this rule no fewer than seven (7) days before the deadline for submitting comments. e. shall make a written determination if comments are received from the notice. 2. The purchase is on the same terms, or tcrma which arc no leas favorable to the City in all 12 I Page program, including the Electronic Government Act of 2002 (10 U SC 381) shall be considered 10.090 OIL OR HAZARDOUS MATERIAL REMOVAL A. The City may enter into public contracts without a formal competitive process when ordered to clean up oil or hazardous waste pursuant to the authority granted the Department of Environmental Quality (DEQ) under ORS Chapter 466, especially ORS 466.605 through466.680, and this order necessitates the prompt establishment and performance of the contractin order to comply with the statutes regarding spill or release of oil or hazardous material thathas created an emergency condition. in exercising its authority under this exemption, the Cityshall: 1. To the extent reasonable under the circumstances,encourage competition by attempting to make informal solicitations or to obtain informal quotes from potential suppliers of goods or services. 2. Make written findings describing the circumstances requiring cleanup or a copy of the DEQ order ordering such cleanup. 3. Record the measures taken under Subsection 1 of this section to encourage competition,the amount of the quotes or proposals obtained,if any,and the reason for selection the contractor selected. B. The City shall not contract pursuant to this exemption in the absence of an order from DEQ to clean up a site with a time limitation that would not permit hiring a contractor under the usual formal competitive process procedures. 10.095 CONTRACTS WITH QUALIFIED REHABILITATIVE FACILITIES The City may enter into contracts with qualified rehabilitative facilities providing employment for disabled individuals under ORS 279.835 to 279.855 without a competitive process. The City shall contract with such agencies when required by law. To the extent competition exists among qualified non-profit agencies, the City shall select the qualified non-profit agency offering the lowest price for an acceptable level of service. 10.100 AMMUNITION The City may enter into contracts for the purchase of lethal and non-lethal ammunition, both for service and for training,without a formal competitive process. 10.105 PUBLIC IMPROVEMENT CONTRACTS INVOLVING DESIGN OR CONSTRUCTION MANAGEMENT The City may enter into public improvement contracts without competitive bidding if the contracts involve design or construction management or require expertise beyond normal construction work. Unless exempt under some other exemption, a competitive proposal process must be used. One of the following specific processes shall be followed: A. Construction Manager/General Contractor 13 I Page The City may select a person or firm to act as a Construction Manager/General Contractor CM/GC) to construct public improvements by means of a competitive proposal process. 1. A CM/GC performs specified Construction Manager services in addition to traditionalGeneral Contractor services. A CM/GC contract shall require full performance within anegotiated Guaranteed Maximum Price (GMP). The basis for payment shall be reimbursable direct costs plus a fee constituting full payment for work and services rendered,which together shall not exceed the GMP. 2. The solicitation documents shall include: a_A description of the evaluation process and criteria and weighting. The criteria may include cost,quality,experience,availability,commitment to timely completion,and other factors. b. As part of the selection process,if the City chooses to hold interviews the scoring from the interviews will be combined to the other evaluation criteria to arrive at a proposer's final score and ranking. c. State that any savings the construction manager/general contractor realizes in performing the contract will accrue to the City,unless the contract provides otherwise. d. Specify terms and conditions that govern how the fixed price,guaranteed maximum price or other maximum price set forth in the contract will be determined and whether the price includes or is based on unit pricing or allows for work that is constructed in phases. e. State that the City will not pay any amount that exceeds a fixed price,guaranteed maximum price or other maximum price specified in the contract unless the amount results from material changes to the scope of work set forth in the contract and the parties to the public improvement contract agree in writing to the material changes. -- : . - : : ;.; ••: far es.titialisitilig the guararitecd maximum pricc. Specify deadlines and time periods for the procurement that allow prospective contractors a reasonable opportunity to submit proposals,including but not limited to: 1) The date and time by which the City must receive proposals; 2) The dates on which or the time periods during which the City will conduct interviews,if the City chooses to hold interviews;and 3) The time period which the City will meet with those proposers not selected,if a proposer requests a meeting to discuss the procurement. g_A description of the circumstances under which any of the following activities may beauthorized and undertaken for compensation prior to establishing the GMP, but onlyafter unit prices are established: 1) Early procurement of materials and supplies; 2) Early release of bid packages for such things as site development; and 3) Other advance work related to critical components of the project. 3. The contract documents shall include: 14 I Page a. A description of the method by which the CM/GC shall competitively select contractors and subcontractors or the portions of subcontract work that may waive the qualification and selection process. b. Either the maximum guaranteed price or a process for establishing a guaranteed maximum price. c. A description of the situations in which the CM/GC may perform the work of the improvement without subcontracting, including any requirement that the CM/GC compete with others to do the work and the work that the CM/GC may perform directly without a competitive process. d. The standards or factors under which changes or additional work that warrants anincrease in the GMP, as well as criteria for decreasing the GMP. The GMP shall not beincreased without a concomitant increase to the scope of the GMP. e. The disposition of any cost savings resulting from completion of the work below the GMP, including the CM/GC share, if any, in those cost savings. Normally, the cost savings should accrue to the City. For purposes of this Section "savings" means a positive difference between a fixed price,guaranteed maximum price or other maximum prices set forth in the contract and the actual cost of the work, including costs for which the City reimburses the CM/GC and fees or profits the CM/GC earns. f. The items or categories of items are eligible for cost reimbursement within the GMP. g. A provision for a final audit adjustment and process. h. A fee that is inclusive of profit, overhead and all other indirect or non-reimbursable costs. Costs determined to be included within the fee should be expressly defined wherever possible. The fee, first expressed as a proposed percentage of all reimbursablecosts, shall be identified during and become an element of the selection process. It shallsubsequently be expressed as a fixed amount when the GMP is established. i. Any economic incentives,the specific criteria that apply and their relationship to other financial elements of the Contract(including the GMP). B. Design-Build Contracts 1. A design-build contract is one in which a single entity designs and constructs a public improvement. Design-build contracts shall only be used if City staff has the expertise and experience to administer a design-build contract.The design-build process may be used to: a. Obtain through a Design-Build team, engineering design, plan preparation, value engineering, construction engineering, construction, quality control and required documentation as a fully integrated function with a single point of responsibility; b. Integrate value engineering suggestions into the design phase, as the construction contractor joins the project team early with design responsibilities under a team approach, with the potential of reducing contract changes; c. Reduce the risk of design flaws,misunderstandings and conflicts inherent in construction contractors building from designs in which they have had no opportunityfor input,with 15 I Page the potential of reducing contract claims; d. Shorten project time as construction activity(early submittals, mobilization,subcontracting and advance work) commences prior to completion of a "biddable"design, or where a design solution is still required (as in complex or phased projects); or e. Obtain innovative design solutions through the collaboration of the contractor and design team,which would not otherwise be possible if the contractor had not yet been selected. 2. A design-build contractor must have an Oregon licensed design professional(s) on staff that will be assigned to the City's project.The design-build contractor must disclose in its proposal the name of the Oregon licensed design professional(s) and verify that the professional(s) will be the one(s)providing primary design services to the City. 3. A design-build contractor awarded a contract shall provide additional security as required by ORS 279C.380(1)(a). The obligation is not intended to be a substitute for professional liability insurance and does not include errors and omissions or latent defects coverage. 4. The level or type of design services required must be clearly defined within the solicitation documents and contract, along with a description of the level or type of any design services previously performed for the project. The services to be performed shall be clearly delineated as either design specifications or performance standards. 5. The contract shall clearly identify the liability of design professionals,shall include requirements for professional liability insurance, and shall clearly identify the extent of any indemnity or warranty. C. Other Public Improvement Contracts Where Quality is an Issue In many situations, including those projects that require a higher than normal level of expertise or skill, quality of the final product may be important beyond meeting minimum specifications. In those situations, the City may use a request for proposal process,provided that the cost factor constitutes at least 75% percent of the total evaluation score. In scoring the cost factor, the proposer submitting the lowest cost amount shall receive the maximum possible score for the cost factor, and the scores of the other proposers shall be reduced by the percentage by which their cost exceeded the lowest cost. For example,if the maximum score for the cost factor is 80, the lowest cost proposer would get a score of 80. A proposer with a cost that is 10 percent higher would have the score reduced by 10 percent(8 points),to 72. 10.110 INDIVIDUAL EXEMPTIONS A. The City may exempt a particular contract or contracts from formal competitive process requirements which are not otherwise exempted under these rules. Staff shall prepare an informational packet for the Board when requesting the declaration of an individual exemption that contains the following details: 1. The nature and scope of the project or purchase; 2. Estimated cost of the project or purchase; 16 I Page 3. A narrative description of the cost savings anticipated by the exemption from the formal competitive process and the reasons the formal competitive process would be inappropriate; 4. Proposed alternative contracting and purchasing practices to be employed; and 5. The estimated date by which it would be necessary to let the contract. B. The Board may require such additional information as it deems necessary to determine whether a specific contract is to be exempt from the formal competitive process. C. The Board shall hold a public hearing and adopt findings justifying the individual exemption. The findings shall at a minimum address include the findings required by ORS 279B.085(3) for contracts other than public improvements or ORS 279C.335 for public improvement contracts. D. Notification of the public hearing shall be published in a newspaper of general circulation in the City a minimum of 14 days prior to the hearing. Notification shall be published as required in Section 30.035 of this Rule..- . .: - .. ,,, : -- , „, ,;- ,_ _ _ _ E. The notice shall state that the public hearing is for the purpose of taking comments on the City's draft findings for an exemption from the formal competitive process requirement. At the time of the notice, copies of the draft findings shall be made available to the public. At the option of the City, the notice may describe the process by which the findings are finally adopted and may indicate the opportunity for any further public comment. F. At the public hearing,the City shall offer an opportunity for any interested party to appear and present comment. G. If the City is required to act promptly due to circumstances beyond its control that do not constitute an emergency, notification of the public hearing can be published simultaneously withthe City's solicitation of contractors for the alternative public contracting method, as long asresponses to the solicitation are due at least five days after the meeting and approval of thefindings. 10.115 CLASS EXEMPTIONS A. The Board may exempt certain public contracts or classes of public contracts from the formal competitive process requirements by amending these rules upon approval of the following findings: 1. It is unlikely that such exemption will encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts; 2. The awarding of public contracts pursuant to the exemption will result in substantial cost savings to the City. In making such findings, the Board may consider the type, cost, amount of the contract,number of persons available to bid,and such other factors as may be deemed appropriate;and 3. The exemption otherwise substantially supports the public interest in a way that could not be achieved under existing rules. B. The Board shall adopt a class exemption only after a duly noticed public hearing. The notice of 17 I Page the hearing shall be posted as required in Section 30.035 of this Rule at least 14 days prior to the hearing.'.- .. :.:: .. - -• 10.120 JUSTIFICATION OF PUBLIC IMPROVEMENT CONTRACTS AWARDED OTHER THAN BY COMPETITIVE BIDDING Upon completion of and final payment for any public improvement contract in excess of$100,000 for which the City did not use the competitive bidding process, the City shall prepare and deliver to the Local Contract Review Board an evaluation of the public improvement project. The evaluation shall include but not be limited to: A. The actual project cost as compared with original project estimates. B. The amount of any guaranteed maximum price. C. The number of project change orders issued. D. A narrative description of successes and failures during the design,engineering and construction of the project. E. An objective assessment of the use of the alternative contracting process as compared to the findings required by ORS 279C.335. Evaluations required by this section shall be made available for public inspection and shall be completed within 30 days of acceptance of the project. 10.125 SOFTWARE AND HARDWARE MAINTENANCE, LICENSES, SUBSCRIPTIONS AND UPGRADES The City may award a contract or renew existing contracts for information technology for software and hardware maintenance, licenses- subscriptions and upgrades without following a small procurement, intermediate procurement or formal competitive process if it is determinedthat the maintenance, licenses, subscriptions and upgrades are available from only one source or, if available from more than one provider,are obtained from the City's current provider in order to utilize the pre- existing knowledge of the vendor regarding the specifics of the City's hardware or software system. The City shall document in the procurement file the facts that justify availability from only one sourceor.if from more than one source,from the current provider. c far the requited fie. hi de crg whether or notcompetition A The extent to which software is able to be integrated with City systems including both hardware and software. 1. The software's track record in the industry; 2. The software's companies financial standing;and 3. The frequency of upgrades that enhance the software. 18IPage aoftware. City's best interest. 10.130 TELECOMMUNICATION SERVICES The City may award a contract for telecommunications services without a formal competitiveprocess if it determines that no competition exists among services suppliers. In determining whether competition exists,the City may consider the following factors: A. The extent to which alternative providers exist in the relevant geographic and service market. The relevant market will vary from service category to service category and cannot be predetermined in advance. B. The extent to which alternative services offered are comparable or substitutable in technology, service provided, and performance. For example, if the City's requirement is for digital services, analog services are not comparable or substitutable. C. The extent to which alternative providers can respond to the City's interests in consistency and continuity of services throughout its service area,volume discounts, and centralized management. The City must document for the record its findings on these factors or any otherfactors used in determining whether competition exists. In developing its findings,the City maysolicit information by any means, including informal discussions or correspondence or through aformal Request for Information. 10.135 DEVELOPER PROVISION OF PUBLIC IMPROVEMENTS At times,private developers may provide work on public improvements for the City as required by a condition of land use approval or to comply with a land use approval or as required by a development agreement with the City. The developer in those circumstances is conclusively deemedto be a sole source for the provision of the public improvements, without the need for findings. Nocompetitive process is required to enter into a development agreement that includes the provision ofpublic services by a developer or for a developer to provide and the City to accept public improvements as required by a condition of approval. There are also times when the City may contract with a developer to provide services on a public improvement due to the developers work in the area even through the work may not be a condition of land use. In these circumstances, the City must provide determination that there will be significant savings to the City to contract with the developer. This determination must be made inwriting and made part of the project's permanent file. In these cases the developer shall conclusivelydeemed to be a sole source for the provision of the public improvement. No competitive process isrequired to enter into a public improvement contract for the developer to provide services on thepublic improvements if the savings are determined to be significant enough to warrant such anexemption. 10.140 TEMPORARY PERSONNEL SERVICES The City may enter into contracts for the purchase of temporary personnel services without a formal competitive process. Whenever possible, the City shall request that staffing agencies submitmultiple 19 I Page resumes of potential candidates for the requesting division or department to review prior tohiring the service. PCR 15.000- PRICE AGREEMENTS 15.010 PRICE AGREEMENTS As authorized by ORS 279B.140 The City may enter into Pprice Aagreements that allow the City to purchase whatever quantity it needs from contractor. A Price Agreement constitutes a firm offer by the contractor regardless of whether any order or purchase has been made or any performance has been tendered under the Price Agreement. : • :. • -- ;.; . . ;-;,,;-- are met: 15.015 MULTIPLE PRICE AGREEMENTS PERMITTED The City may enter into price agreements with more than one supplier for the same goods or services. PCR 20.000-BRAND NAMES OR MARKS 20.010 SPECIFICATION OF PARTICULAR BRAND NAMES OR PRODUCTS A. Specifications for public contracts shall not expressly or implicitly require any product of any particular manufacturer or seller except pursuant to an exemption under PCR 20.015 (Copyrighted Materials), 1.! - - .-. -. - ; ; --;;,; - ;:, ,20.025 (Product Pre-qualification),or 20.030 (Brand Name or Equal SpecificationsMark Exemption Applications). B. If there is no other practical method of specification, the City may designate a particular brand name,make or product"or equal",but this practice should be avoided whenever possible. 20.015 COPYRIGHTED MATERIALS The City may specify a specific copyrighted product. This exemption does not include patented or trade mark goods. 20.020 SINGLE MANUFACTURER OR COMPATIBLE PRODUCTS product is data processing equipment which will be used for research'where there are requirements for exchange of software and data with other research establishments, or if the following conditions: 20 I Page II 11 Guth as costs related to quality of conversion. 2. Prior to awarding the contract, thc City ha3 made reasonable cffort to notify known vendor:, to submit competing proposals. i. tee, - -- ' - - - •. -- - l iii - • - if the amount of the purchase excced3 $50,090, thc City shall document its actions in the bid 1. A brief description of the : :i. i .- 2. A detailed description of the reason3 why the product and/or seller was selected and any orscller for a period not to exceed 2 years, it may so state in the documentation required bysubsection (1)(b) and (2) of thi3 rule, and such documentation shall be 3ufficicnt notice as tosub3cqucnt purcha3e3. 20.025 PRODUCT PRE-QUALIFICATION A. When it is impractical to create specific design or performance specification for a type of product to be purchased, the City may specify a list of approved products by reference to particular manufacturers or sellers according to the following product pre-qualification procedure: 1. The City has made reasonable efforts to notify known manufacturers or vendors of competitive products of its intention to accept applications for inclusion in its list of pre-qualified products.Notification shall include advertisement in a trade journal of statewidedistribution when possible.In lieu of advertising,the City may notify vendors and manufacturers appearing on the appropriate list maintained by the Oregon Department ofTransportation (ODOT) Qualified Products List or any list produced and maintained by theOregon Department of General Services. 2. The City permits application for pre-qualification of similar products up to 15 days prior to advertisement for bids on the product. B. If an application for inclusion in a list of pre-qualified products is denied, or an existing pre- qualification revoked, the City shall notify the applicant in writing. The applicant may appeal to the Board for a review of the denial or revocation in the same manner as an appeal of disqualification or denial provided in PCR 30.150. 20.030 BRAND NAME OR EQUAL SPECIFICATIONS MARK EXEMPTION 21 I Page A—Brand Name or Equal:The City may expressly or implicitly use a brand name or equal specification, as defined in ORS 279B.200 (1).as an abbreviated means of specifying City needs. In such case contractors may substitute equivalent or superior products. The Invitation to Bid or Request for Proposals may require that the City approve substitutions prior to the submission of offers; otherwise substitutions are allowed after contract award,if they are then approved by the City. The City will make the determination provided for under ORS 279B.215 (1) (b). --- - - . -- - - . - .-- -. --- - --. - ---: •:- -...- :-- -- information: The reasons the City is socking the cxcmption. 1A. TB.Brand Name Specification: The City may expressly or implicitly use a brand name specification as defined in ORS 279B.200(2). when the Contracts and Purchasing Manager determines that doing so meets the requirement of ORS 279B.215 (2). Such determination shall be effective only for the period of time designed. Determinations under ORS 279B.215 (2) shall be available for public inspection upon request. - :: : - ; - -- - --- -- --- - --- - -__,.,_- ,_ . conditionsarc mct: 1. The cxcmption is not likely to encourage favoritism in public contracts or substantially supplies. PCR 25.000 —MINORITY OWNED BUSINESSES,WOMAN OWNED BUSINESSES, AND EMERGING SMALL BUSINESSES AND SERVICE-DISABLED VETERAN OWNED BUSINESSES 25.010 MINORITY OWNED BUSINESSES,WOMAN OWNED BUSINESSES, AND EMERGING SMALL BUSINESSES,AND SERVICE-DISABLED VETERAN OWNED BUSINESSES It is the policy of the City to provide opportunities for available contracts to certified minority owned, woman owned and emerging small businesses and businesses that service-disabled veterans own and to cooperate with the Oregon Business Development DepartmentS&ate e - -- - = - • -- •- --- -to determine the best means by whichto make such opportunities available. 25.015 AUTHORITY TO REQUIRE SUBCONTRACTING WITH CERTIFIED EMERGING SMALL BUSINESSES AND BUSINESSES THAT SERVICE DISABLED VETERANS OWN 22 I Page The City may, in solicitation documents, require that some portion of the work to be performed or some portion of the materials to be deliveredprovidcd be provided by a certified emerging small business or service-disabled business under ORS 200.055andestablish other requirements authorized by ORS 279A.105. PCR 30.000- FORMAL COMPETITIVE PROCESSES 30.010 DEFINITIONS For purposes of this chapter,the following definitions apply: A. "Addenda to the Bid Documents" means additions or changes to the bid documents defined as addenda shall be labeled as such and distributed according to these rules. B. "Bid" means an offer submitted in response to an Invitation to Bid. C. "Bid Closing" means the date and time announced as the deadline for the receipt of bids. D. "Bid Opening" means the date,time and place set for opening of bids. E. "Bid Sample" means a representative specimen of the item that will be available in response to the bid. F. "Bidder" is a person who submits a bid in response to the City's Invitation to Bid. G. "Bidding Period" means the span of time between the date of the Invitation to Bid and the time and date set for receipt of bids. A minimum of 14 calendar days shall be provided, unless a shorter time is deemed necessary in the public interest for a particular procurement. H. "Board" means Local Contract Review Board. I. "Contract" means the written agreement, including the City's solicitation document and the accepted portions of a bid or proposal,between the City and the contractor describing the work to be done and the obligations of the parties. Depending upon the goods and services being procured, the City may use "contract" as meaning a purchase order, price agreement, or other contract document in addition to the City's solicitation document and the accepted portions of a bid or proposal. If the contract is for a public improvement, the "contract" may consist of the City's solicitation document, including any addenda,the general and special conditions governing the work, the accepted portions of the bid or proposal, the performance and payment bond (if required), plans, technical specifications, approved shop drawings, and any contract amendments, including approved change orders. J. "Contract Price" means the total of the awarded bid or proposal amount,including any approved alternates and any fully executed change orders or amendments. K. "Contract Release Order" means the document authorizing an additional purchase on an existing requirement contract. L. "Contractor" means the individual, firm, or corporation awarded the public contract to furnish the City the goods, services,or work procured in the City's solicitation. 23 I Page M. "Descriptive Literature" means materials submitted by prospective vendors to provide information concerning the products available in response to the bid. N. "Lowest Responsible Bidder" means the lowest bidder who has substantially complied with all prescribed public bidding procedures and requirements and who has not been disqualified by the public contracting agency under ORS 279B.130 or 279C.440. 0. "Proposer"is a person who submits a proposal in response to the City's Request for Proposals. P. "Solicitation Document" means an Invitation to Bid or Request for Proposals which included all documents,whether attached or incorporated by reference,utilised for soliciting bids or proposals. Q. "Specifications" means any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. Specifications may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery and the quantities or qualities of materials to be furnished under the contract.Specifications generally will state the result to be obtained and may, on occasion, describe themethod and manner of doing the work to be performed. Specifications may be incorporated byreference and/or through attachment to the contract. 30.010 COMPETITION A. Contracts issued by the City shall be awarded by formal competitive process except as otherwise exempted under the Oregon Public Contracting Code or these rules. B. It is the policy of the City to encourage public contracting competition that supports openness and impartiality in the maximum extent possible. C. The City finds that: 1. Competition exists not only in prices, but in the technical competence of suppliers, in their ability to make timely deliveries, and in the quality and performance of their products and services and that a balance must exist between performance competition and price competition. 2. The nature of effective competition varies with the product or service being procured and, that while competitive sealed bids are a common method of procurement, it is not always the most advantageous, practical or cost-effective method of source selection. The cost of the selection process must be considered—a costly selection process is not appropriate for contracts with a low dollar value. 3. Meaningful competition can be achieved through a variety of methods when procuring products or services.The methods include but are not limited to: a. Price competition as represented by the initial or acquisition price; b. Competition as represented by price and performance evaluations of the competing items and suppliers; c. Competition as represented by the evaluation of the capabilities of bidders or proposers 24 I Page to perform needed services; d. Competition as represented by evaluation of the capabilities of the bidders and proposers to perform the services followed by a negotiation on price; e. Competition as represented by another method of procurement that is reasonablydeterminedtosatisfytheCity's needs. D. All public contracts shall be made under conditions that foster or reflect competition among a sufficient number of potential suppliers that offer a wide spectrum of products and services and that represent a broad marketplace. Fostering competition shall be reflected in: 1. Research made to determine possible new sources of supply; 2. Attempts made to ensure solicitation documents are simple and inviting; 3. Everyday courtesy shown to prospective suppliers and contractors; and 4. The way information on contracting opportunities is provided to suppliers including but not limited to advertisement in publications of general circulation or in trade publications and any other reasonable methods that encourage competition. E. The City may evaluate every aspect of competition in its efforts to purchase products or services, choose the appropriate solicitation process, or award contracts according to the criteriadescribed herein and arrive at offers that represent optimal value to the City. 30.020 ELIGIBILITY TO BID ON CONSTRUCTION CONTRACTS A person shall not submit a bid or proposal to work as a construction contractor unless that person is first rcgistcrcdhas a current, valid certificate of registration issued by with the Construction Contractors Board or a current, valid landscape contractors licensed issued by the State LandscapeContractor's Board as required by ORS 671.530. Bids from persons who fail to comply with thisrequirement shall be deemed non-responsive and be rejected. The City may require prequalification of bidders in accordance with ORS 279C.430 and ORS279C.435. The City may also disqualify a bidder from consideration for contract award in accordance with ORS 279C.440. 30.025 SOLICITATION DOCUMENTS The City may solicit and award a public contract for goods or services or may award multiple public contracts for good or services when issuing an Invitation to Bid the requirements of ORS 279B.055 are followed and in the case of a Request for Proposals ORS 279B.060. At a minimum sSolicitation documents shall include the following: A. Instructions and information to bidders or proposers concerning the submission requirements, including the time and date set for opening, the name, address and title of the person designated to receive bids and a contact person, if different, a statement the bid or proposal must be physically received by the City by the deadline and any other special information relating to bid submission. The bid closing datedcadline shall be at least seven days after the public notice.firat 25 I Page B. The date that pre-qualification applications must be filed if pre-qualification is a requirement. C. The character of the work to be done or the items to be purchased, including, as applicable: specifications, delivery or performance schedule, inspection and acceptance requirements, and special evaluation factors; D. The office where any additional information,including additional specifications, may be reviewed or obtained; E. For bid3 the contract terms and conditions, including warranty and bonding or other security terms. F. That the solicitation may be cancelled or that any or all bids/proposals may be rejected for not complyingwith all prescribed procedures and requirements; G. That any and all bids/proposals may be rejected for good cause on a finding that it is in thepublicinteresttodoso; H. In invitations to bid,a statement whether the bidders is a resident bidder as defined in ORS279A.120 (1) (b); I. That a contractor must be licensed for asbestos abatement under ORS 468A.710,if applicable; j. A statement that no bid or proposal for construction shall be received or considered by the City unless the bidder or proposer is registered with the Construction Contractors Board per PCR 30.020; B. If bid or proposal security is required,a description of the security required; L. A description of any performance and payment bonding requirements; M. For proposals, a description of the manner in which proposals will be evaluated and the relevant value of each evaluation factor, including price. If a multi-tiered process is used, that process will be described,including the process for protesting the decision at any stage of the process; N. If applicable, a statement that no bid will be considered unless the bid contains a statement that the bidder will comply with ORS 279C.840 or 40 U SC 276a; and 30.030 BIDS AND PROPOSALS ARE OFFERS A. Bids and proposals constitute an offer to enter into a contract which,if accepted by the City, shall bind the bidder or proposer to a contract unless the bid or proposal is withdrawn prior to opening. B. The bid or proposal shall constitute a "firm offer" unless bidders or proposers are specifically authorized to take exceptions or to leave terms open to negotiation by the Invitation to Bid or 26 I Page Request for Proposals. However, nothing in this provision prohibits the City from negotiating with a bidder or proposer to the full extent allowed by state law. Unless expressly authorized by the solicitation documents or these rules, bidders or proposers shall not make their bids or proposals contingent upon the City's acceptance of specifications or contractual terms thatconflict with or are in addition to those advertised in the solicitation documents. 30.035 PUBLIC NOTICE A. Distribution 0 D sys ern leiewn as the "Vendor Infermation Program," or otherwise furnished to a B-A. Invitation to Bid and Request for Proposals Advertising The City shall advertise Every formal competitive Invitations to Bid and Request for Proposals in a-:, ,--- - ; - ; ; ;; - .,. ;• ; • .. - -- - ---•- ; ;.; published at least once in at least one newspaper of general circulationin the Portland metropolitan area, and on the City's website. If the Contracts and Purchasing Manager makes a determination that limiting the posting of the notice solely by electronic means is cost effective to the City, then publishing the notice in a newspaper may be waived. : -: .- . --, - . ,:: •:-, .-- --- ---- - :-- 2. Public Improvement Advertising If the public improvement contract has an estimated cost in excess of 125,000, the advertisement must be published in at least one trade newspaper of general statewide circulation. For public improvement contracts estimated less than $125,000 if the Contracts and Purchasing Manager makes a determination that limiting the posting of the notice solely by electronic means is cost effective to the City, then publishing the notice in a newspaper may be waived.for a construction contract in excess of 11111 - • - circulation. The City shall endeavor to provide information concerning bids and proposal 1. All advertisements for bids or proposals shall state: a. The date and time after which bids/proposals will not be received, which date shall not be less thanfive (5) days after the date of the last publication of the advertisement; b. The date that pre-qualification applications must be filed if pre-qualification is a requirement; c. The work to be performeddonc or the items to be purchased; d. The office where additional documentation,including specifications, specifications may be reviewed or obtained; 27 I Page e. The name,title, and address of the person designated to receive bids; f. The date,time,and place that bids or proposals will be opened; g. If for a public improvement,whether the prevailing wage provisions of ORS 279C.800 to 279C.870 and/or the Davis-Bacon Act(40 U SC 3141 et seq.2;Fit) apply. C. Posting of bid or proposal advertisement 30.040 BID OR PROPOSAL PREPARATION Bid and Proposal Preparation Instructions: A. Except as otherwise allowed, or unless electronic offers are permitted.as applicable, bids and proposals shall submitted according to the solicitation instructionsbc typcd or prepared in inkand shall be signed in ink by the submitter or an authorized representative. ie Cit wil notacccpt facsimile bids,proposals,or signatures. B. Bids and proposals shall be made on the bid forms provided unless otherwise instructed in the solicitation document. C. Alterations or erasures,if any,shall be initialed in ink by the person authorized to submit the bid/proposal prior to the solicitation closing date in accordance with the solicitation document instructions.signing the bid. D. Bids and proposals shall include all required documents and descriptive literature as required under the solicitation document. PiE. If the solicitation document permitted electronic submission a bidder/proposer may submit its bid/proposal electronically. The City shall not consider electronic submissions unless authorized by the solicitation document. 30.045 BIDDER PRE-QUALIFICATION The City may require mandatory pre-qualification of bidders on forms prescribed in the bid document. When pre-qualification is required by the bid documents as a condition for bidding,the City shall not consider the bid(s) of any prospective bidder who is not pre-qualified. The City shall determine qualifications within 30 days of receipt of an application for prequalification. In determining responsibility of the applicant, the City shall consider only the criteria listed in ORS 279B.110(2). The City may have a separate pre-qualification process. If a bidder is currently pre- qualified by the Oregon Department of Transportation to perform specific classes of work, the bidder shall be presumed qualified to perform similar work for the City. 30.050 BIDDER SUBMISSIONS A. Samples and Descriptive Literature 28 I Page Samples or descriptive literature may be required when it is necessary to evaluate required characteristics of an item. Samples may be returned in accordance with provisions contained in the bid documents. B. Identification of Bids and Proposals Bids and proposals shall be submitted in a sealed envelope appropriately marked to ensure proper identification and special handling. The City shall not be responsible for the proper identification and handling of any bid not submitted in the designated manner or format to the required delivery point. The City may refuse to accept or may reject any bid or proposal not properly sealed or marked. C. Receipt of Bid or Proposal It is the submitter's responsibility to ensure that bids or proposals are received by the City at the required delivery point prior to the stated bid or proposal closing time regardless of the method used to submit or transmit them. 30.055 BID SECURITY A. Public Improvement Contracts Bid security not to exceed 10 percent of the base bid(s) shall be required for public improvement contracts where the amount of the contract exceeds $100,000 or, in the case of contracts for highways.bridges and other transportation projects,more than$50,000. The City may require bid security on any public improvement contract if it finds it is in the best interest of the City to do s o. The bid security shall be forfeited if the bidder fails to execute the contract promptly and properly after the City has if awarded the contract. B. Other Public Contracts Bid/proposal-security not to exceed 10 percent of the bid/proposal cost may be required by the City for other contractsin order to guarantee acceptance of the award. This requirement shall be stated in the solicitations documents if in effect. E. Contracts Under$10.000 Bid security for contracts of less than $10,000 shall be required only in critical circumstances so 12‘C. Form of Bid Security The following forms of bid security will be accepted by the City: 1. Surety bond from surety company authorized to do business in the State of Oregon; 2. Cashier's check,certified check,or savings and loan secured check; or 3. Annual surety bond filed with the City (except for public improvement contracts). D. Return of Bid Security 29 I Page The bid security of all unsuccessful bidders shall be returned after a contract has been executed or all bids have been rejected. The City may return the bid security of unsuccessful bidders after bid opening but prior to award if the return does not prejudice bid award and provided that the security of at least the three lowest bidders is retained pending the execution of a contract. F:E. Security for Proposals If contracts are to be awarded based on competitive proposals, the City may, in its discretion, require proposal security on the same terms as the bid security described in this section. Proposal security shall normally be required for any public improvement contract to be awardedby a proposal process. 30.060 PRE-BID OR PRE-PROPOSAL CONFERENCES Pre-bid or pre-proposal conferences may be held by the City to explain the City's requirements, conduct site inspections, or otherwise supplement or clarify information. The City may require attendance at the conference as a condition for bidding or submitting a proposal. The conferences shall be announced in the solicitation documents. The conference shall be held within a reasonable time after the solicitation documents have been issued but sufficiently before bid closing to allow consideration of the conference results in preparing submittals. Statements at the conference shall not change the solicitation documents unless confirmed to all prospective bidders or proposers by means of a written addendum to the solicitation documents. 30.065 ADDENDA TO SOLICITATION DOCUMENTS A. Form Changes to solicitation documents shall be accomplished by addenda. The bidder or proposer shall acknowledge receipt of all addenda issued, either with the bid or proposal or separately prior to opening. A solicitation may be delayed or suspended by addendum if in the best interest of the City. B. Distribution Addenda may be distributed by U.S. mail, hand delivery, e-mail, an online vendor portal or other electronic means. Failure to receive an addendum to a solicitation does not excuse failure to acknowledge receipt of the addendum, even if the failure to receive was through no fault of the prospective bidder/proposer. The City.in its sole discretion. may extend a solicitation closing date to allow a bidder or proposer time to acknowledge receipt of an addendum. -.. •- 30 I Page C. Timeliness 1. Addenda shall be issued within a reasonable time prior to bid closing to allow consideration prior to submittal of the bid or proposal,but in no case less than 48 hours before the submittal deadline. The standard minimum notification for City-issued addenda shall be 72hours prior to the close of the bid or proposal. If staff has need to issue any addenda withless than 72 hours (but not less than 48 hours) staff shall document for the project file thereasons for the shorter notification timeframe. If necessary, the City may notify prospectivebidders or proposers by telephonic facsimile (fax), e- mail, or telephone. If telephone isused,the City shall confirm the oral notice with a written addendum. 2. In its discretion, the City may extend the closing date and time to allow prospective bidders or proposers to analyze and adjust to changes made by Addenda.The City shall notify prospective bidders or proposers of new closing date and time either in the Addendum or in writing accompanying the Addendum. D. Addenda to Multi-Tier RFPs If a multi-tier process is used to evaluate proposals, the City may issue addenda applicable to any tier of the process at least 5 days before starting that tier of the process. If the City does issue such addenda, amended or supplemental proposals may be submitted before the next tier of the process is started. 30.070 PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS OR PROPOSALS A. Modifications Bids or proposals once submitted may be modified in writing prior to the time and date set for bid closing. Any modifications shall be prepared on the company letterhead, signed by an authorized officer, and state that the new document supersedes or modifies the prior bid or proposal. To ensure the integrity of the process, the envelope containing any modifications to a bid or proposal shall be marked as follows: Bid/Proposal Modification Bid/Proposal Title,Number,and/or Other Identification B. Withdrawals 1. Bids or proposals may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for closing. Bids or proposals also may be withdrawn in person prior to the scheduled closing upon presentation of appropriate identification. 2. Unopened bids or proposals withdrawn under subsection (a) above may be released to the bidder after voiding any date and time documentation detailed as the result of the initial submittal. 31 I Page 3. Requests to withdraw mailed bids or proposals shall be marked as follows: Bid/Proposal Withdrawal Bid/Proposal Title,Number,and/or Other Identification C. Documentation All documents relating to the modification or withdrawal of bids or proposals shall be made a part of the appropriate bid file. 30.075 RECEIPT, OPENING,AND RECORDING OF BIDS AND PROPOSALS A. Receipt Upon receipt, each bid, proposal, or modification shall be time-stamped or marked by hand but not opened and shall be stored in a secure place until opening. If bids,proposals,or modifications are opened inadvertently or are opened prior to the time and date set for openingbecause they were improperly identified, the bids, proposals, or authorized modificationdocuments shall be resealed and stored for opening at the correct time. When this occurs,documentation of the procedure shall be placed in the file. B. Opening and Recording Bids and modifications shall be opened publicly, at the time, date, and place designated in the bid documents. If witnesses are present at the bid opening, and to the extent practicable, the name of each bidder, the bid price(s), and such other information as considered appropriate, shall be read aloud. On voluminous bids the City may advise bidders as part of the bid documents that the bid items and prices will not be read aloud. Proposals may be opened at any time after the deadline for submittal of proposals. A summary sheet providing basic information about each proposal shall be prepared. C. Availability Opened bids shall be available for public inspection prior to award except to the extent the bidder designates trade secrets or other proprietary data to be confidential (ORS 192.3450-1-(2)). Proposals shall not be available for public inspection until after a contract is awarded and entered into. The City shall verify and determine that the confidential information claimed to be exempt is in fact exempt from disclosure under the Oregon Public Records Law. Material so designated shall accompany the bid and shall be readily separable from the bid or proposal in order to facilitate public inspection of the non- confidential portion of the bid or proposal. Prices, makes, model, or catalog number of items offered, scheduled delivery dates, and terms of payment shall be publicly available regardless of any designation to the contrary. D. Notice of Intent to Award 1. This section applies to awarding of contracts except for Small Procurements,Intermediate Procurements,Emergency Procurements and Exemptions pursuant to Section 10.000. 32 I Page 4-2.The City shall provide a notice of Iintent to Aaward to each person that has submitted a bid or proposal. If the solicitation was posted by electronic means, however the City may post the Intent to Award electronically in the same manner. The notice shall be posted at least seven days before the award of a contract, unless the City determines that circumstances require prompt execution of the contract. The notice risme--of the person or entity that staff recommcnda the contract bcawardcd to. The notice 30.080 LATE BIDS,PROPOSALS,WITHDRAWALS,AND MODIFICATIONS Any bid, proposal, withdrawal, or modification received after the deadline for submission set in the solicitation documents is late and shall not be considered. The City may use any watch or clock to determine the time and the determination of the City employee or officer receiving the bids as towhether a bid,proposal,withdrawal,or modification is late shall be final and not subject to challenge. 30.085 MISTAKES A. General Under extraordinary circumstances, a bid or proposal may be withdrawn after the deadline for submittal because of an inadvertent nonjudgmental mistake. If the mistake is attributable to an error in judgment, the bid or proposal may not be withdrawn or corrected. Correction or withdrawal by reason of nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the City or the fair treatment of other bidders or proposers. B. Mistakes Discovered after Bid Closing but before Award This section applies to situations where mistakes in bids are discovered after the submission deadline but before award. 1. Minor Informalities Minor informalities are matters of form rather than substance that are evident from the bid documents,or insignificant mistakes that can be waived or corrected promptly withoutprejudice to other bidders or the City; that is, the informality does not affect price, quantity,quality, delivery, or contractual conditions except in the case of informalities involving unitprices. Examples include,but are not limited to,the failure of a bidder to: a. Return the number of signed bids or number of other documents required by the bid documents_ b. Sign the bid form in the designated block so long the bid documents evidence an intent to be bound;or c. Acknowledge receipt of an addendum to the bid documents,but only if: 1) It is clear from the bid that the bidder received the addendum and intended to be bound by its terms;or 2) The addenduni involved did not affect price,quantity,quality,or delivery. 33 I Page C. Mistakes Where Intended Correct Bid is Evident If the mistake and the intended correct bid are clearly on the face of the bid form, or can be substantiated from accompanying documents, the City may accept the bid. Examples of mistakes that may be clearly evident on the face of the bid form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. Mistakes that are clearly evident on the face of the bid form or proposal document also may include instances in which the intended correct bid or proposal item is made clearly evident by simple arithmetic calculations. For example, a missing unit price may be established by dividing the total bid or proposal item by the quantity of units for that item, and a missing or incorrect total bid or proposal price for an item may be established by multiplying the unit price by the quantity when those figures are available on the bid or proposal. For discrepancies between unit prices and extended prices,unit prices shall normally prevail. D. Mistakes Where Intended Correct Bid is Not Evident The City may not accept a bid in which a mistake is clearly evident on the face of the bid form but the intended correct bid is not clearly evident or cannot be substantiated from accompanyingdocuments. 30.090 TIME FOR ACCEPTANCE Bids shall be valid and binding offers for 30 days from the deadline to submit bids unless otherwise specified in the bid documents. Proposals shall be binding and valid offers for 60 days from the date of the submittal deadline. 30.095 EXTENSION OF TIME FOR ACCEPTANCE OF BID OR PROPOSALS The City may request orally or in writing that bidders or proposers extend the time in which the City may accept their offers. 30.100 EVALUATION AND AWARD A. General The contract, if awarded, is to be awarded to the lowest responsive and responsible bidder or the best responsive and responsible proposer. Consistent with the provisions of the solicitationdocuments and in the public interest as determined by the City, awards may be made by item,groups of items, or entire bid or proposal. The City reserves the right to reject any bid or proposalnot in compliance with the solicitation documents or with state law, City Code, or these rules. TheCity reserves the right to reject any or all bids or proposals upon a finding by the City that it is in thepublic interest to do so. B. Special Requirements 1. Solicitation documents shall set forth any special requirements and criteria that will be used to determine the lowest responsible bidder. No bid shall be evaluated for any requirement or criterion that is not disclosed in the bid documents or City regulation. 34 I Page 2. In determining the lowest responsible bidder, the City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any,or of the preference give to that bidder in the state in which the bidder resides. 3. The City may rely on a list provided for by the Oregon Department of Administrative Services pursuant to ORS 279A.120 (1) (4) for preference provided for by this section. C. Product Acceptability 1. The solicitation documents shall set forth the evaluation criteria to be used in determining product acceptability. The City may require the submission of samples, descriptive literature, technical data,or other material, and may also provide for accomplishing any of the following prior to award. a. Demonstration,inspection, or testing of a product prior to award for such characteristics as quality or workmanship; b. Examination of such elements as appearance,finish,taste,or feel; or c. Other examinations to determine whether the product conforms to specifications. 2. The acceptability evaluation is conducted only to determine that a bidder's offering is acceptable as provided in the bid documents. Any bidder's product which does not meet theminimum requirements shall be rejected. D. Determination of Lowest Responsive and Responsible Bidder Following determination of product acceptability as set forth in subsection C,if applicable,bids willbe evaluated to determine which bidder offers the lowest cost to the City in accordance with the evaluation criteria set forth in the bid documents. Only objectively measurable criteria,which are setforth in the bid documents,shall be applied in determining the lowest responsible bidder. Examplesof such criteria include,but are not limited to,transportation cost,volume weighing,trade-in allowances,depreciation allowances,cartage penalties,and ownership or life cycle cost formulas. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible, such evaluation factors: 1. Are reasonable estimates based upon information the City has available concerning future use; 2. Treat all bids equitably;and 3. Recognize that public policy requires acquisitions and public improvements to be accomplished at the least cost. The City shall take into account any preferences provided by these rules in determining the lowest bid. 35 I Page E. Determination of Best.Responsive, and Responsible Proposer Proposals will be evaluated to determine which proposer offers the best solution to the City in accordance with the evaluation criteria set forth in the solicitation documents. Only the criteria set forth in the solicitation documents shall be applied. The criteria shall be as objective as possible. Examples of evaluation criteria may include, but are not limited to, cost, quality, s e r v i c e, compatibility, product reliability, operating efficiency, expansion potential, performance history on other private and public contracts, experience of key personnel, adequacy of equipment and/or physical plan, financial wherewithal, sources of supply, references and warranty provisions. Evaluation factors need not be precise predictors of actual future costs and performance, but to the extent possible, such evaluation factors shall: 1. Be reasonable estimates based on information available to the City; 2. Treat all proposals equitably; 3. To the extent that the proposal involves a public improvement,recognize that public policy requires public improvements to be accomplished at the least cost. F. In evaluating proposals,the City may use any of the following methods: 1. An award based solely on an evaluation of the written proposals; 2. Discussions with a number of proposers leading to a best and final offer from each proposer and an evaluation of the best and final offers; 3. An award based on the written proposals and interview performance; 4. Serial negotiations, staring with the highest ranked proposer; 5. Competitive simultaneous negotiations; 6. A multi-tiered process,with some number of proposer being eliminated at each stage of the process; 7. A multi-stage process,with a qualifications determination at the first stage of the process, followed by cost considerations; or 8. Any other method or combination of methods designed to best serve the needs of the City and its taxpayers. The solicitation document shall describe the process to be followed. G. No Assignment or Transfer of Contract Rights Unless an express provision of the public contract otherwise provides, the contractor shall not assign, sell or transfer rights, nor delegate responsibilities, under public contract, either in whole or 36 I Page in part,without first obtaining the City's prior written consent. Unless otherwise agreed by the Cityin writing, such consent shall not relieve the contractor of any obligations under a public contract,and any assignee or transferee shall be considered the agent of the contract and bound to abide byall provisions of the public contract. Except in the event of a novation, if the City consents inwriting to an assignment, sale, or transfer of the contractor's rights and responsibilities, thecontractor and its surety, if any, shall remain ultimately liable to the City for complete performanceof the public contract as if no such assignment,sale,or transfer had occurred. 30.105 LIFE CYCLE COST ANALYSIS A. In determining the lowest responsible bidder,in the award of a contract,the City may use the cycle costing.As used in this rule,life cycle costing means determining the cost of a product forits useful life. B. The City shall follow these procedures: 1. At the time of writing specifications for the product, the City shall identify those factors which will have cost implications over the life of the product and which, for evaluation purposes,will be used to adjust the bid or proposal price of the product. 2. The solicitation documents shall set out clearly the factors and methodology to be used in life cycle cost adjustments. 3. The results of life cycle costing adjustments shall be applied to the bid or proposal price of the product(s) offered. The bid or proposal that results in the lowest overall ownership cost, taking into account the life cycle costing adjustments, shall be considered the lowest bid or best proposal for purposes of bid or proposal price evaluation. 30.110 RESPONSIBILITY A. A responsible bidder or proposer is one who has: 1. Adequate financial resources to perform the contract, or the ability to obtain such resources. The City shall require acceptable evidence of the bidder's or proposer's ability to provide or obtain the required financial resources. Acceptable evidence normally consists of, but is not limited to,current and recent balance sheets;income statements;cash flow statements;and/or a performance bond from an acceptable surety in an amount equal to the bid orproposal price. Such evidence may also include a commitment of specific arrangement thatwill be in existence at the time of contract award to rent, purchase, or otherwise acquire theneeded facilities,equipment,or other resources; 2. The ability to comply with the required or proposed delivery or performing schedule,taking into consideration all existing commercial and public business commitments; 3. A satisfactory performance record. A bidder or proposer who is, or recently has been, seriously deficient in contract performance shall be presumed to be non-responsible, unless the City determines that the circumstances were properly beyond the contractor's control or that the contractor has taken appropriate corrective action. Record of failure to perform 37 I Page acceptably is strong evidence of non-responsibility. The City shall consider the number of contracts involved and the extent of the deficiency of each in making this evaluation. In addition, the City may consider whether the bidder's performance history demonstrates responsibility as defined in ORS 279B.110 and 279C. 375; 4. Key personnel available of sufficient experience, as determined by the City,to perform the contracts; 5. The necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain these skills and abilities as required to satisfactorily perform the contract. These may include, as appropriate, such elements as production control procedures, property control systems, and quality assurance measures applicable to materials to be produced or services to be performed by the bidder and its proposed subcontractor(s); 6. The necessary production, construction, and technical equipment and facilities, or the ability to obtain them; 7. A satisfactory record of integrity; 8. For contractors on public improvement contracts,has not been determined to be not responsible by the Construction Contractors Board; and 9. Is otherwise qualified and eligible to receive award under applicable laws and regulations. B. The City shall consult with the Construction Contractor's Board concerning the responsibility of any person to whom a public improvement contract is proposed to be awarded and shall comply with the reporting requirements of ORS 279C.375. The City has the right, prior toawarding any public contract, to make such investigation as is necessary to determine whether abidder or proposer is responsible.This investigation may include,but is not limited to: 1. An inquiry into the responsibility of proposed subcontractors and suppliers. 2. Requiring a bidder or proposer to demonstrate its financial ability to perform the contract as provided in subsection A.1 of this rule. In exercising this right, the City shall notify the apparent successful bidder or proposer in writing to submit such documentation as the City deems necessary to complete a thorough evaluation of financial ability. 3. By submitting a bid or proposal, a bidder or proposer authorizes the City to request any credit report information the City deems necessary to investigate and evaluate financial responsibility to perform the contract(s). C. Failure of a bidder or proposer to promptly supply information requested by the City during its responsibility investigation shall be grounds for a finding of non-responsibility. D. Only bids and proposals from responsible bidders or proposers, as defined in this rule, shall be eligible for contract award. Bid or proposals from non-responsible bidders or proposers shall be rejected as provided in PCR 30.115. 38 I Page 30.115 RESPONSIVE AND NON-RESPONSIVE BIDS OR PROPOSALS;ACCEPTANCE AND REJECTION A. A "responsive bid or proposal" is one that complies in all material aspects with the solicitation documents and with all prescribed public bidding procedures and requirements. B. A "non-responsive bid or proposal"is one which: 1. Omits, or is unclear as to the price and the price cannot be determined in the bid or proposal documents; 2. Offers goods or services of a quality or quantity inferior to that requested in the solicitation documents; 3. Does not meet the delivery date requirements specified in the solicitation documents; 4. Takes exception to the terms and conditions of the solicitation documents other than as allowed by these rules or the solicitation documents; 5. Is conditional upon the City's acceptance of terms and conditions difference from those contained in solicitation documents, except as allowed by these rules or the solicitation documents;or 6. Contains a deviation which, if the bid or proposal were accepted, would give the bidder or proposer a substantial advantage or benefit not shared by other bidders or proposers to the solicitation documents. C. The City shall accept, and consider for award,only those bids or proposals,which are responsive as defined in this rule. Non-responsive bids or proposals shall be rejected, as provided in PCR 30.115. 30.120 LOW TIE BIDS A. Definition Low tie bids are low responsive bids from responsible bidders that are identical in price, fitness, availability and quality and which meet all the requirements and criteria set forth in the bid documents. B. Award 1. If low tie bids are received,a preference shall be given to goods and services that have been manufactured or produced in Oregon. 2. If the bids remain tied after application of the Subsection 1,preference shall be given to the bidder whose principal offices or headquarters are located in Oregon. 39 I Page 3. If the bids remain tied after application of Subsections 1 and 2,the award shall be made by drawing lots among any tied Oregon bidders. Such bidders shall be given notice and an opportunity to be present when the lots are drawn. 4. If there are no Oregon bidders after application of subsections 1 and 2, award of the contract shall be made by drawing lots. 30.125 REJECTION OF INDIVIDUAL BIDS OR PROPOSALS A. General This section applies to rejections, in whole or in part, of individual bids or proposals. The City may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and requirements and may reject for good cause any bid or proposal upon a written finding of the City that it is in the public interest to do so. No bid shall be considered unless the bid security, properly executed,has been submitted with the bid as required by the bid documents. B. Reasons for Rejection Reasons for rejecting a bid or proposal include but are not limited to: 1. The submitter has not pre-qualified when pre-qualification is required or has been disqualified; 2. The submitter has been debarred as set forth in Section 30.150 (C)clarcd ineligible by the 3. The bid or proposal is non-responsive, that it does not conform in all material respects to bid documents or requirements, including all prescribed public procurement procedures and requirements; 4. The supply, service, or construction item offered in the bid or proposal is unacceptable by reason of its failure to meet the requirements of the solicitation documents or permissible alternates or other acceptability criteria set forth in the solicitation documents; 5. The submitter is not capable of satisfying the terms and conditions of the public contract in a timely manner due to financial incapacity; inability to obtain bonding, loss of license, or other objective cause; 6. The submitter within the last 5 years has been found, in a civil, criminal, or administrative proceeding, to have committed fraud, misrepresentation, price-rigging, unlawful anti- competitive conduct,or similar behavior; 7. The submitter has been determined responsible (i.e.,adjudicated by a court,or as determined in writing by the City agency in the case of a public contract) for more than one breach of a public or private contract(s) in the last 3 calendar years before the scheduled date of the bid opening; 401Page 8. The security has not been submitted or properly executed as required by the solicitationdocuments; 9. When applicable, the bidder has not met the emerging small business, disadvantaged business, minority business, and women business enterprise requirements,if any,establishedby the City, and has not made a good faith effort to comply with the requirements prior tothe time bids are opened; 10. The submitter failed to certify in accordance with Section D of this rule; 11. Other circumstances of the particular bid, proposal, or submitter (including submitter's subcontractors) indicate that acceptance of the bid or proposal would impair the integrity of the selection process or result in an imprudent contract by the City; or 12. The contractor has discriminated against subcontractors because the subcontractor is a minority,women or emerging small business enterprise certified under ORS 200.055. C. Form of Business Entity The corporate or business form of bidders or proposers shall be subject to scrutiny,so that previously disqualified bidders or proposers, or their officers and directors, may not by subterfuge,change of apparent ownership, or other adjustments in formal appearance, avoid application of thisrule. D. Non-discrimination Certification The bidder or proposer shall certify as part of the bid that the contractor has not discriminated against subcontractors because the subcontractor is certified as a minority, women, or emergingsmallbusinessenterpriseorservice-disabled business. 30.130 REJECTION OF ALL BIDS OR PROPOSALS A. Bid Rejection All bids or proposals may be rejected for good cause upon a written finding by the City that it is in the public interest to do so. Notification of rejection of all bids or proposals, along with the good cause justification and finding of public interest shall be sent to all that submitted a bid or pr o p o sal. B. Rejection Criteria Reasons for rejecting all bids or proposals include but are not limited to: 1. An error in the solicitation documents,including its terms, conditions, or specifications that unnecessarily restricted competition for the public contract; 2. The price, quality, or performance presented by the lowest or best responsible bidder or proposer is,in the City's opinion,too costly or of insufficient quality to justify acceptance of 41 ! Page the bid or proposal. This criterion may be satisfied evidence that the same goods or services can be obtained otherwise for less cost; 3. Misconduct, error, or ambiguous or misleading provisions in the bid documents or process threaten the fairness and integrity of the competitive process; or 4. Causes other than legitimate market forces threaten the integrity of the competitive procurement process. These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti- competitive conduct,and inadvertent or intentional errors in the bid documents. 30.135 PROTESTS OF AWARD A. Purpose The written notice of award of the contract shall constitute a final decision by the City to award the contract if no written protest of the notice of award is filed with the City within seven calendar days of the notice of award or such other period as provided in the City's solicitation. Adversely affected or aggrieved bidders or proposers must exhaust all avenues of administrativereview and relief before seeking judicial review of and decision by the City under the Public Contracting Code or these rules. B. Right to Protest Any actual bidder or proposer who is adversely affected or aggrieved by the City's notice of award of the contract to another bidder or proposer on the same solicitation shall have seven-calendar days after notice of award to submit to the City a written protest of the notice of award or such other time as provided in the solicitation documents. The written protest shall specify the grounds upon which the protest is based. In order to be adversely affected or aggrieved, a bidder or proposer must itself claim to be eligible for award of the contract as the lowest responsible bidder or best proposer and must be next in line for award; i.e., the protester must claim that all lower bidders or better proposers are ineligible for award because they are non-responsive or non-responsible. The City shall not entertain a protest submitted after the time period established in this rule or such different period as may be provided in the City's solicitation. C. Method of Protest If a protest istimely filed,it must contain also contain the following information: 1. Identification of the contract award that is being disputed; 2. A detailed statement of all legal and factual grounds for the protest; 3. Evidence or supporting documentation that supports the grounds on which the protest is based: 4. A description of the resulting hard to the"Adversely Affected or Aggrieved"bidder/proposer; and 5. The relief requested. D. Authority to Resolve Protests 42 I Page The City Manager, or designee, shall have the authority to settle or resolve a written protest submitted under section E of this rule. E. Decision If the protest is not settled or resolved by mutual agreement, the City Manager, or designee, shall promptly issue a written opinion on the protest. If the opinion denies the protest, judicial review of this decision will be available if provided for by statute. If the City Manager or designee determines that there is good cause for the protest, the matter shall be submitted to the Board for further action. The decision of the Board on a protest shall be final. Both the protestor and the person to whom the contract was awarded shall have a right to present arguments to the Boardthe B o a r d. 30.140 PROTESTS OTHER THAN NOTICE OF AWARD A. A protest may be filed to contest the adoption or amendment of these rules, adoption of a class or contract specific exemption, solicitation documents (including specifications and contract terms), or the process used in the solicitation. The protest must be filed with the City's Contracts and Purchasing Office within 7 days of the adoption or amendment of rules orexemptions, the publication of solicitation documents, or other action being protested.Grounds for protest are limited to: 1. That the City acted contrary to law; 2. That the City's actions unnecessarily restrict competition;or 3. That the City has improperly specified a brand name. B. The protest must include: 1. Sufficient information to identify the solicitation; 2. The grounds for the protest; 3. Evidence or supporting information;and 4. The relief sought. C. The City Manager shall,if possible,issue a written decision on the protest under this section at least three days before any bid or proposal opening that could be affected by the protest. D. A bidder or proposer who does not protest a proposed contract term included in the solicitation documents must accept the contract term as included in the solicitation documents. E. If protest of a solicitation is timely received,the opening date may be extended if necessary to allow consideration for the protest and issuance of any addenda to the solicitation documents. F. Envelopes containing protests of solicitation specifications shall be marked as follows: Specification Protest Bid/Proposal Title,Number, and/or Other Identification 30.145 NEGOTIATION 43 I Page A. Negotiation with Bidders If a project is competitively bid and all responsive bids from responsible bidders exceed the City's cost estimate, the City may negotiate with the lowest responsive,responsible bidder,prior toawarding the contract,in order to solicit value engineering and other options to attempt to bring theproject with the agency's cost estimate. 1. A negotiation with the lowest responsive,responsible bidder pursuant to this paragraph shall not result in the award of the contract to that bidder if the scope of the project is significantlychangedfromtheoriginalbidproposal. 2. Notwithstanding any other provision of law, the records of a bidder used in contract negotiation pursuant to this paragraph are not subject to public inspection until after the negotiated contract has been awarded or the negotiation process has been terminated. B. Negotiation with Proposers The City may negotiate with proposers after proposal opening in order to try to reach the best possible contract for the City. Proposals may be revised in the course of negotiations for the best offer, provided that any revision is not so extensive as to be unfair to other proposers who do not have the opportunity to negotiate. 30.150 BIDDER DISQUALIFICATION A. Definitions-As used in this rule: 1. "Disqualification" means the debarment, exclusion or suspension of a person from right to submit bids or proposals in response to the City's solicitations for a reasonable, specified period of time named in the order of disqualification. A contractor or vendor so debarred, excluded or suspended,is disqualified. 2. "Person" means an individual, partnership, or corporation. Disqualification attaches to and follows the individual, so that an individual who is a partner in a partnership or an officer or principal in a corporation which is disqualified may not re-form the business entity as a way of avoiding the disqualification. B. Grounds for bid-specific disqualification include: 1. The person does not have sufficient financial ability to perform the contract. If a bond is required to ensure performance of a contract, evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability; 2. The person does not have equipment available to perform the contract; 3. The person does not have key personnel available of sufficient experience to perform the contract; or 4. The person has repeatedly breached contractual obligations to public and private contracting agencies. 44 I Page 5. The person has discriminated against a subcontractor because the subcontractor is a minority,women,or emerging small business enterprise or service-disabled veteran owned business certified under ORS 200.055. 6. The person has engaged in conduct prohibited by ORS 200.075, including: a. If the person has entered into any agreement representing that a disadvantaged,minority, women or emerging small business enterprise or service-disabled veteran owned business, certified pursuant to ORS 200.055, will beperforming or supplying materials under a public improvement contract without the knowledge and consent of the certified enterprise; b. If the person exercises management and decision-making control over the internal operations, as defined by ORS 200.075(1)(b), of any certified disadvantaged, minority, women or emerging small business enterprise or service-disabled veteran owned business; c. If the person uses a disadvantaged,minority,women or emerging small business enterprise or service-disabled veteran owned business to perform contracting services or provide supplies under a public improvement contract to meet an established Disadvantaged Business Enterprise (DBE)/Minority-owned Business Enterprise(MBE)/Woman-owned Business Enterprise (WBE)/Emerging Small Business ESB) or Service-Disabled Veteran (SVE) goal,when the enterprise does not perform a commercially useful function,as define by ORS 200.075(3),in performing its obligations under the contract. C. Debarment A prospective bidder or proposer may be debarred from consideration for an award for a period of up to three years if convicted of a criminal offense relating to a public contract; convicted of a crime involving dishonesty (as provided in ORS 279B.130(2)(b), convicted under antitrust statutes, has violated a contract and debarment for violation was listed in the contract terms, or failure to carry workers compensation or unemployment insurance. Debarment shall be by written decision explaining the reasons for the debarment and explaining appeal rights. Appeals shall be provides under ORS 279B.425. Any appeal must be filed with the City's Contracts and Purchasing Office within three days after receipt of the notice of debarment. D. Investigation The City may make such investigation as is necessary to determine whether a person is qualified. If a bidder or prospective bidder fails to supply information promptly as requested by the City, such failure is grounds for disqualification. E. Notice of Disqualification The bidder or prospective bidder will be notified in writing by personal service or certified mail o f the City's decision to disqualify the person from bidding with the City. The notice shall contain: 1. The effective date of the disqualification and the effective period of disqualification; 2. The grounds for disqualification from bidding;and 45 I Page 3. A statement of the contractor's appeal rights and applicable appeal deadlines. F. Appeal of Disqualification If a contractor wishes to appeal the City's decision to disqualify, the contractor must notify the City in writing within three business days after receipt of the notification. The City shall mail its notice to the contractor by Certified Mail Return Receipt Requested, if not personally served. Appeals shall be conducted under the procedures and standards of ORS 279C.445 and 279C.450. A protest of a denial, revocation, or revision of a prequalification shall be filed within three business days after receipt of notice of the decision. On receipt of the protest, a hearing shall be set before the Local Contract Review Board and the hearing shall be held and the decision issued within 30 days of receipt of the protest. The Local Contract Review Board will consider the action de novo, based on applicable standards. If the denial is upheld, the person filing the protest shall reimburse the City for costs of processing the protest. 30.155 CANCELLATION OF INVITATIONS TO BID OR REQUEST FOR PROPOSALS A. Cancellation in the Public Interest An Invitation to Bid or request for proposal may be canceled, in whole or in part, and all bids received may be rejected when it is in the public interest as determined by the City. The reasons therefore shall be made part of the file. B. Notice of Cancellation When an Invitation to Bid or request for proposal is canceled prior to the submission deadline, notice of cancellation shall be sent to all known holders of the documents. When an Invitation to Bid or Request for Proposals is canceled after deadline for submission, notice shall be sent to those who submitted a bid or proposal. The notice of cancellation shall: 1. Identify the specification documents; 2. Briefly explain the reason for cancellation;and 3. Where appropriate,explain that an opportunity will be given to compete on any re- solicitation. 30.160 DISPOSITION OF BIDS OR PROPOSALS IN EVENT OF CANCELLATION A. Prior to Bid Opening When an invitation for bids or Request for Proposals is canceled prior to opening of the bids or proposals, all submissions will be returned unopened, if submitted with a clearly visible return address. If there is no return address on the envelope, the submissions will be opened to determine the source and then returned to sender. B. After Opening When all bids or proposals are rejected, those received shall be retained and become part of the City's permanent project file. 46 Page 30.165 DOCUMENTATION OF AWARD A. Basis of Award Following award, a record showing the basis for determining the successful bidder shall be made a part of the file. B. Contents of Award Record The record shall consist of: 1. Completed bid tabulation sheet;or 2. Completed proposal evaluations;and 3. Written justification of any rejection of lower bids;or 4. Written explanation for any rejection of proposals for failing to meet mandatory requirements of the Request for Proposals. 30.170 FOREIGN CONTRACTOR If a contractor is not domiciled in or registered to do business in the State of Oregon, the City shall require the contractor to promptly provide the Oregon Department of Revenue and the Secretary of State Corporation Division with any and all information required by those agencies relative the contract between the contract and City. The City shall have the right to withhold final payment to the contractor under this Rule until the contractor has met the requirement under the Rule. 30.175 CONTRACT TERMS AND CONDITIONS A. Required Terms and Conditions The City shall establish standard terms and conditions for contracts. Contracts shall includeprovisions relating to the following, if applicable. For those provisions referring to statutes, thecontract language shall comply with and implement the statutes. 1. Payment of laborers and material suppliers;contributions to Industrial Accident Fund;liens and withholding taxes,and drug testing(ORS 279B.220, 279C.505); 2. Payment of claims by public officers,payments to first tier subcontractors and claims by labor and materials suppliers (ORS 279C.515), 3. Hours of labor (ORS 279B.020,279B.235,279C.520,279C.540); 4. Environmental and natural resources regulations (279B.525); 5. Payment for medical care, compliance with or exemption from workers compensation laws ORS 279B.230, 279C.530); 6. Prevailing wage rates (ORS 279C.830); 47 I Page 7. Salvaging,recycling, composting or mulching yard waste material, and salvage and recycling of construction and demolition debris (ORS 279B.225, 270C.510); 8. Certification by contractor of compliance with the Oregon tax laws according to ORS 305.385; 9. Certification by contractor of nondiscrimination as to relations with subcontractors (ORS 279A.110); 10. Inclusion of provisions in contracts with subcontractors,as required by ORS 279C.580; 11. Progress payments and retainage; 12. Bonding requirements (performance and payment bonds,and bonds required to be filed with the Construction Contractors Board or BOLI); and 13. Any other requirement imposed by federal or state law,regulation, rule or ordinance,which is applicable to the contract. B. The City may develop and require contract provisions relating to the following: 1. Termination of the contract; 2. Suspension of the work; 3. Labor and materials liens; 4. Liability in absence of bond; 5. Use of recovered resources and recycled and recyclable materials,including paper,oils, and tires; 6. Any other term to further the City's and the public interest. C. Terms and Conditions Applicable to Construction Contracts In cases where the contract calls for work as described in ORS 701.005(2) (i.e.;construction work), the contracts shall contain: 1. Certification by the "contractor" that the contractor is registered with the Construction Contractors Board according to ORS 701.035 to 701.055,unless prohibited by federal regulations. 2. Certification by the contractor that all subcontractors performing work as described in ORS 701.005(2) will be registered with the Construction Contractors Board according to ORS 701.035 to 701.055 before the subcontractors commence work under this contractor. D. Special Terms and Conditions The City may also establish special terms and conditions applicable to specified categories ofcontracts. 48 Page Any special terms and conditions shall be included in the bid documents and become anintegral part of those contracts. E. Compliance and Exceptions to Terms and Conditions 1. Bidders and proposers shall be responsible for noting the terms and conditions included applicable to each set of solicitation documents. 2. By submitting a bid or proposal, the bidder or proposer acknowledges acceptance of and the intent to abide by the terms and conditions specified in the Invitation to Bid or Request for Proposals and agrees to enter into a contract consistent with state public contracting law requirements. Submission of a bid or proposal without objection to provisions listed in the form contract included in the solicitation documents constitutes an offer to enter into a contract on those terms and no negotiation of those terms is permitted after the contract award. 3. The City has the right to reject any bid or proposal that takes exception to specifications or to contract terms unless the right to take exception is expressly granted in the Invitation to Bid or Request for Proposals. Bids or proposals which take exception to the specifications or contract terms, or which are made contingent upon the City's acceptance of different or additional specifications or terms, may be rejected because they are not responsive to the Invitation to Bid or the Request for Proposals. 4. Any exceptions to any proposed terms and conditions must be clearly stated in writing by the bidder or proposer in the signed bid or proposal. The City reserves the right to reject or accept any bid or proposal that takes exception to the terms and conditions but must take into account any objections in comparing the bid or proposal to other bids or proposals. Exceptions to the terms and conditions become contractual obligations only upon written acceptance by the City. F. Commentary The following is a list of federal, state, and local agencies of which the City has knowledge that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of contracts: FEDERAL AGENCIES: Agriculture Department of Forest Service Soil Conservation Service Defense Department of Army Corps of Engineers Energy Department of Federal Energy Regulatory Commission Environmental Protection Agency Department of Health and Human Services Housing and Urban Development Department of Solar Energy Conservation Bank Interior,Department of Bureau of Sports Fisheries and Wildlife Bureau of Outdoor Recreation Bureau of Land Management Bureau of Mines 49 I Page Bureau of Indian Affairs Bureau of Reclamation Geological Survey Minerals Management Service Labor,Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council STATE AGENCIES: Administrative Services,Department of Agriculture,Department of Columbia River Gorge Commission Consumer&Business Services, Department of Oregon Occupational Safety&Health Division Energy,Department of Environmental Quality, Department of Fish and Wildlife,Department of Forestry,Department of Geology and Mineral Industries,Department of Human Resources,Department of Land Conservation and Development Commission Parks and Recreation,Department of Soil and Water Conservation Commission State Engineer State Land Board Water Resources Board LOCAL AGENCIES: City Council County Court County Commissioners, Board of Port Districts Metropolitan Services Districts County Service Districts Sanitary Districts Water Districts Fire Protection Districts 30.180 AVAILABILITY OF AWARD DECISIONS - CONTRACT RETENTION A. Contract Documents A signed purchase order, agreement,or contract,as applicable, shall be executed with the person to whom the contract is awarded. B. Notification to Unsuccessful Bidders Unsuccessful bidders and proposers will be provided with the notice of intent to award. Tabulations of awarded bids shall be posted on the City's website or may be obtained in accordance with the City's Public Record Request policies. 50 I Page C. Availability of Files Completed files, other than confidential materials, shall be available for public review at the City in accordance with the City's Public Records policies. D. Copies from Files Copies of material from files may be obtained in accordance with the City's Public Records policies. E. Contract Retention The following requirements on retention of contract documents after award shall apply: 1. For all service contracts the original must be kept for six (6) years after the contract has been completely executed; 2. Capital improvement contracts must be kept a minimum of ten (10) years after substantial completion; 3. Goods contracts must be kept for six (6)years after maturity; 4. Intergovernmental and interagency agreements must be kept a minimum of 10 years after substantial completion;and 5. Other purchasing related documents should be retained according to City retention schedules; 6. Any copies of the originals must be kept for two (2) years after maturity in all of the categories listed above. 30.185 REQUESTS FOR PROPOSALS A. The City may use the request for proposal process for any contract for which price is not the sole factor for awarding the contract. When the City uses a request for proposal, the solicitation document shall state: 1. The necessary contract terms; 2. The evaluation criteria to be applied in awarding the contract and the role of an evaluation committee,if any; 3. The criteria for awarding the contract,which may include but are not limited to cost, quality, service, experience, expertise, compatibility with existing or future City assets, product reliability,operating efficiency,and expansion potential; 4. Complaint processes and remedies available; 5. The provisions made for vendors to comment on any specifications that they believe limit competition;and 511 Page 6. The location where sealed written proposals are to be submitted and the date and deadline for submittal. All requests for proposals shall be advertised pursuant to Section 30.035 of these rules. publi3hcd B. The City may establish an ad hoc proposal review committee to evaluate any proposal and may provide for an interview of selected proposers as part of the evaluation process. Any use of a proposal review committee or interview process shall be stateddetitiled in the Request for Proposals. 30.190 PERFORMANCE AND PAYMENT SECURITY A. Public Improvements Contract Except in emergencies,when the requirement may be waived, or unless the requirement is exempted under these rules, all persons entering into public improvement contracts with the City will be required to provide: 1. A performance bond in a sum equal to the contract price, and 2. A payment bond in a sum equal to the contract price. 3. Proof that a public works bond with a corporate surety in the amount of$30,000 has been filed with the Construction Contractors Board for contracts subject to Prevailing Wage Rate Law. Public improvement contracts of$10,000 or less are exempt from the bond requirements. B. Other Public Contracts The City may require performance security for other public contracts. Such requirements shall be stated in the solicitation documents. C. Contracts Under$10.000 Performance bonds for a contract under$10,000 shall be utilised only in critical circumstances, so as not to discourage competition. D. Requirement for Surety Bond A surety bond furnished by a surety company authorized to do business in Oregon is the only acceptable form of performance security unless otherwise specified in the solicitation documents. E. Time for Submission Upon request by the City, the apparent successful bidder or proposer must furnish the required performance bond within ten days of contract award. Prompt submittal of the performance bond is required to ensure timely project initiation. Failure to furnish the bond prior to the deadline shall result in rejection of the bid or proposal, forfeiture of bid security, and award to the next lowest 52 I Page responsible bidder or next highest-scoring proposer. F. Claims on Payments Bonds Claims on payment bonds shall comply with ORS 279C600 to 279C.625 and Section 40.060. 30.195 RIGHT TO AUDIT RECORDS A. Records Maintenance;Access Contractors and subcontractors shall maintain all fiscal records relating to public contracts in accordance with generally accepted accounting principles. In addition, contractors and subcontractors shall maintain any other records necessary to clearly document (i) their performanceand(ii)any claims arising from or relating to their performance under a public contract. Contractorsand subcontractors shall make all records pertaining to their performance and any claims under apublic contract accessible to the City at reasonable times and places, regardless whether litigation hasbeen filed as to such claims. B. Audit of Cost or Pricing Data The City may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data according to the terms of a contract to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, for which cost or pricing data are required, shall maintain such books and records that relate to such cost or pricing data for three (3) years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing. C. Contract Audit The City shall be entitled to inspect, examine, copy, and audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall bemaintained by the contractor for a period of three (3)years from the date of final payment under theprime contract and by the subcontract for a period of three (3) years from the date of final paymentunder the subcontract, or until the conclusion of any audit, controversy or litigation arising out of orrelated to the contract, whichever date is later, unless a shorter period is otherwise authorized inwriting. 30.200 RIGHT TO INSPECT PLANT A. Time for Inspection The City may,at reasonable times,inspect the part of the plant or place of business of a contractor or any subcontractor that is related to the performance of any contract awarded. B. Access to Plant or Place of Business As a condition of bidding,bidders agree that the City may enter a contractor's or subcontractor's plant or place of business during normal business hours for the following purposes: 1. Inspect and/or test supplies or services for acceptance by the City pursuant to the terms of the bid;or 53 Page 2. Investigate in connection with a bidder's application, a minority business certification, or bidder disqualification. C. Contractual Provisions Contracts may provide that the City may inspect supplies and services at the contractor's or subcontractor's facility and perform tests to determine whether they conform to the bid documents, or, after award, to contract requirements, and are therefore acceptable. Such inspections and tests shall be conducted in accordance with the terms of the contract. D. Procedures for Trial Use and Testing The City may establish operational procedures governing the testing and trial use of e quip me n t,materials,and the application of resulting information and data to specifications or procurements. E. Conduct of Inspections 1. Inspectors Inspections or tests shall be performed so as not to unduly delay the work of the contractor or subcontractor. No change of any provision of the specifications or the contract may be required by the inspector without written authorization of the City, unless otherwisespecified in the solicitation documents. The presence or absence of an inspector shall notrelieve the contractor or subcontractor from any requirement of the contract. 2. Location When an inspection is made in the plant or place of business of a contractor or subcontractor, such contractor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the person performing theinspection or testing. 3. Time of Testing or Inspection Inspection or testing of supplies and services performed at the plant or place of business of any contractor or subcontractor shall be performed at reasonable times during normal business hours. F. Inspection of Construction Projects On-site inspection of construction shall be performed in accordance with the terms of the contract. 30.205 CONTRACT CANCELLATION AND TERMINATION PROCEDURES A. A contract may be canceled by the City for any violation of the provisions of the contract or for violation of the certification of non-discrimination against minority, women, and emerging small business enterprises or service-disabled veteran owned business. 54 I Page B. The City may terminate any contract if insufficient funds are appropriated to complete the contract. C. No cancellation of a public contract shall, unless limited by the terms of the particular contract, restrict or abrogate any other remedy available to the City that is provided either by law or under the particular contract. D. The City shall provide the contractor written notice of the grounds for cancellation o r termination and of its intention to cancel the contract or terminate the contractor's performance.If the contractor provided a performance and payment bond, the surety shall also be providedwith a copy of the notice of contract cancellation or contractor termination. The notice shallinclude the effective date of the intended cancellation or termination, the grounds for cancellation or termination and notice of the amount of time (if any) in which the City will permit the contractor to correct the failure to perform.The public contract may provide contract cancellation or contractor termination procedures that are different from or in additionto,those provided in this rule. E. If the contractor has provided a performance and payment bond, the City may afford the contractor's surety the opportunity, upon the surety's receipt of a contractor termination notice, to provide a substitute contractor to complete performance of the contract. Performance by the substitute contractor shall be rendered pursuant to all material provisions of the originalcontract, including the provisions of the performance and payment bond.Such substituteperformance does not involve the award of a new public contract and shall not be subject tocompetitive procurement requirements. PCR 40.000- PUBLIC IMPROVEMENT CONTRACTS 40.010 APPLICATION In addition to the requirements set forth in Section 30 of these rules, the following rules apply to public improvement contracts. The requirements in Section 40 are intended to be complementary to those in Section 30, with the rules in Section 40 supplementing the Section 30 requirements, where necessary,to meet the City's needs when administering contracts for public imp r o v e m e n t s. 40.015 COMPETITIVE BIDDING Except as otherwise specifically permitted by these rules, public improvement contracts shall be awarded by competitive bidding. If the public improvement contract includes design aspects,including value engineering under a CM/GC covered project, the City may award the contract by acompetitive proposal process. 40.020 FIRST TIER SUBCONTRACTOR NOTICE If the public improvement contract may be for more than $100,000, the solicitation documents must provide notice that the contractors must disclose first-tier subcontractors who will furnish labor or materials greater than five percent of the total bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total bid within two working hours after the deadline for bid submission. The disclosure must state the name of each subcontractor and the category of work the subcontractor will perform. 40.025 FIRST TIER SUBCONTRACTOR DISCLOSURE 55 I Page A. Bidders for public contracts with a value of more than$100,000 must submit a first-tier contractor disclosure sheet within two hours of the deadline for submitting a bid. The disclosure sheet must list all first-tier subcontractors who will furnish labor or materials greaterthan five percent of the total bid or $15,000, whichever is greater, or $350,000 regardless of thepercentage of the total bid. The disclosure must state the name of each subcontractor, the category of work the subcontractor will perform and the dollar value of each subcontract. If nofirst-tier subcontractor meets the threshold level for disclosure and the bid price is more than 100,000,the disclosure sheet must still be submitted with the information that no subcontractors meet the threshold level for disclosure. B. Bid and proposals for public improvement contracts with a value of greater than $100,000 for which a first-tier subcontractor disclosure is not submitted within two hours of the submittal deadline shall be considered non-responsive. C. The closing for submission of bids subject to first-tier subcontractor disclosure shall be on Tuesday,Wednesday or Thursday between 2 and 5 pm. D. First tier subcontractors may be substituted if only in compliance with ORS 279C.585. E. The City may require first-tier subcontractor disclosure in any Invitation to Bid, even ifdisclosure is not otherwise required by statute or these rules. 40.030 BID EVALUATION AND AWARD A. General Unless exempted by these rules,a public improvement contract,if awarded,is to be awarded to the lowest,responsive and responsible bidder. B. Special Requirements The solicitation documents shall set forth any special requirements and criteria, which will be used to determine the lowest, responsive and responsible bidder. No bid shall be evaluated for any requirement or criterion that is not disclosed in the solicitation documents or City regulation. C. Bid Evaluation and Award The evaluation format for competitive bid pricing can be lump sum,unit price,or a combination of the two. 1. Lump sum If the bid form includes a lump sum base bid, plus additive or deductive alternates, the total bid price, for the purpose of comparing bids, shall be the total sum computed from adding or deducting alternates, as selected by the City, to the base bid. If the alternates, or if the City has selected no additive or deductive alternates for award, bids shall be compared on the basis of lump sum prices,or lump sum base bid prices,as applicable. 2. Unit Price If the bid includes unit prices and extensions for estimated quantities, the total bid price, for 56 I Page the purpose of comparing bids,will be the total sum computed from multiplying the bidder, with due adjustments being made for additive or deductive alternates, if any, selected for award. Note: In case of a conflict between a unit price and the corresponding extended amount,the unit price shall govern. 3. Combination Lump Sum and Unit Price The City shall select a combination of factors for purposes of bid evaluation and contract award and use the methods described in (a) and (b) to compute and compare bids. Note: In case of a conflict between a unit price and the corresponding extended amount, the unit price shall govern. D. Proposal Evaluation and Award If a selection method other than competitive bids is authorized by these rules for a public improvement, proposals will be evaluated to determine which proposer offers the best solution tothe City in accordance with the evaluation criteria set forth in the solicitation documents and in theCity's rules. The solicitation evaluation criteria may include, but are not limited to, cost, q iality,relevant experience, service, performance history on other private and public contracts, experience and availability of key personnel, adequacy of equipment and physical plant, financial wherewithal,sources of supply, and references. Evaluation factors need not be precise predictors of actual futurecosts and performance,but,to the extent possible,such evaluation factors shall: 1. Be reasonable estimates based on information available to the City; 2. Treat all proposals equitably; 3. Recognize that public policy requires acquisitions and public improvements to be accomplished at the least cost. E. No assignment or transfer of contract rights A contractor shall not assign, sell, or transfer rights, nor delegate responsibilities under a public contract either in whole or in part, without first obtaining the City's prior written consent. Such written consent shall not relieve a contractor of any obligations under a public contract, and any transferee shall be considered the agent of the contractor and bound to abide by all provisions of the public contract. Except in the event of a novation, if the City consents in writing to an assignment, sale, or transfer of the contractor's rights and responsibilities, the contractor shall remain ultimately liable to the City for complete performance of the public contract as if on such assignment, sale, or transfer had occurred. 40.035 CONTRACT CANCELLATION PROCEDURES A. Termination Due to Circumstances Beyond the Control of the Contractor 1. Reasons for Termination The City may,in its sole discretion,by written order or upon written request from the contractor,terminate the contract or a portion thereof if any of the following occur: a. The contractor is prevented from completing the work for reasons beyond the control 57 Page of the City; b. Completion of the project is beyond the control of the contractor; c. For any reason considered by the City to be in the public interest (other than a labor dispute or reason of any third party judicial proceeding relating to the work other than a suit or action filed in regards to a labor dispute). These reasons may include, but are not necessarily limited to,non-availability of materials,phenomenon of nature of catastrophic proportions or intensity, executive orders of the President related tonational defense, congressional or state acts related to funding; d. Any third party judicial proceeding relating to the work other than a suit or action filed in regards to a labor dispute; e. If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the public works; f. The City does not have funds budgeted or available to complete the contract; or g. Any other reason allowed as a basis for termination under the contract. 2. Payment When Contract is Terminated When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual items of work completed under the contract, or by mutual agreement, for items of work partially completed. No claim for loss of anticipated profits will be allowed. 3. Responsibility for Completed Work if Contract Terminated Termination of the contract or a portion thereof shall not relieve the contractor of responsibility for the work completed, nor shall it relieve the surety of its obligation for anyclaims arising from the work performed. B. Termination of Contract for Default 1. Declaration of Default The City may, after giving the contractor or the surety seven (7) days' written notice and an opportunity to cure deficient performance, terminate the contractor's performance for any reasonable cause, including but not limited to those set forth in subsection 2(a)(1) to (6) of this rule. Upon such termination, the City may immediately take possession of the premises and of all materials, tools and appliances thereon as well as all other materials, whether on the premises or not, on which the contractor has received partial payment. The agency may finish the work by whatever method it may deem expedient. a. If the contractor should persistently or repeatedly refuse to or fail to supply an adequate number of properly skilled workers or proper materials for the efficient execution of the project;or 58 I Page b. If the contractor should fail to make prompt payment to subcontractors for material or labor,or persistently disregard laws,ordinances,or the instruction of the City, or otherwise be guilty of a substantial violation of any provision of the contract; or c. If the Contractor should voluntarily or involuntarily seek protection under the U.S. Bankruptcy Code and its Debtor in Possession or Trustee for the estate fails to assume the contract within a reasonable time;or d. If the contractor should make a general assignment for the benefit of the contractor's creditors;or e. If a receiver should be appointed on account of the contractor's insolvency; or f. If the contractor is otherwise in material breach of any part of the contract. 2. Required Response to Declaration of Default If the above action is taken,the contractor or the surety shall provide the City with immediate and peaceful possession of all of the materials, tools, and appliances located onthe premises, as well as all other materials whether on the premises or not,on which contractor has received any progress payment. Further, the contractor shall not be entitledto receive any further payment until the work is completed. On the completion of the work,determination shall be made by the City of the total amount under the terms of the contract,had the contractor completed the work. If the difference between said total amount and thesum of all amounts previously paid to the contractor, which difference will hereinafter becalled the "unpaid balance," exceeds the expense incurred by the City in completing thework, including expense for additional managerial and administrative services, such excesswill be paid to the contractor,with the consent of the surety.If,instead,the expense incurred by the City exceeds the unpaid balance, the amount of the excess shall be paid tothe City by the contractor or the surety. 3. Expense of Completion The expense incurred by the City shall be as determined and certified by the City. 4. Substitution of Contractor As provided in PCR 30.205, termination of the contractor and substitution of another contractor to complete the work does not constitute the award of a new public contract and shall not be subject to the provisions of ORS 279A.015 (5), ORS 279B.050 to ORS 279B.085, or ORS 279C.300 to ORS 279C.470. 5. Refusal to Perform In addition to and apart from the above-mentioned right of the City to terminate the employment of the contractor, the contract may be canceled by the City for any willful failure or refusal on the part of the contractor to perform faithfully the contract according to 59 ! Page all of its terms and conditions; however, in such event neither the contractor nor the surety shall be relieved from damages or losses suffered by the City on account of the contractor's breach of contract. 6. Remedies are Cumulative The City may, at its discretion, avail itself of any or all of the above rights or remedies without prejudice or preclude the City from subsequently invoking any other right or remedy set forth above or elsewhere in the contract. 40.040 RETAINAGE A. Retainage of Five Percent The City will retain amounts from progress payments so that the total value of all amounts retained will not exceed 5 percent of the value of completed work. If the contract work is 50 percent completed and the work is progressing satisfactorily, the retainage may be reduced on the remaining progress payments. Any reduction or elimination of retainage shall be allowed only upon written application of the contractor, which application shall include written approval of the contractor's surety; except that when the contract work is 97-1/2 percent completed, the City may without application by the contractor, reduce the retained amount to 100 percent of the value of the contract work remaining to be done. If retainage has been reduced or eliminated, the City reserves the right in protecting its interests to reinstate at any time retainage from further progress payments. B. Alternatives to Cash Retainage In lieu of cash retainage to be held by the City,the contractor may select one of the following options: 1. Deposit of Securities The contractor may deposit bonds or securities with the City or in any bank or trust company to be held for the benefit of the City. In such event, the City shall reduce theretainage in an amount equal to the value of the bonds and securities. This reduction inretainage will be made in the progress payments made subsequent to the time the contractordeposits the bonds and securities. The value of the bonds and securities will be determined periodically by the City and the amount retained on progress payments will be adjusted accordingly. The bonds and securities deposited by the contractor shall be fully assigned to the City or be payable to theCity on demand and shall be of a character approved by the Finance Director,including butnot limited to the following: a. Bills,certificates,notes or bonds of the United States. b. Other obligations of the United States or its agencies. c. Obligations of any corporation wholly owned by the Federal Government. 60 I Page d. Indebtedness of the Federal National Mortgage Association. e. Time certificates of deposit or savings account passbooks issued by a commercial bank, savings and loan association, or mutual savings bank, duly authorized to do business in Oregon. f. Corporation bonds rated A or better by a recognized rating service. g. General obligation bonds of the State of Oregon or any political subdivision thereof. h. General obligation improvement warrants issued pursuant to ORS 287.502. i Irrevocable letters of credit from a bank doing business in Oregon. At the time the City determines that all requirements for the protection of the City's interest has been fulfilled,all bonds and securities deposited as above provided will be released to the contractor. 2. Deposit in Interest-Bearing Accounts Upon written request of the contractor, the City shall deposit any amounts withheld as retainage in an interest-bearing account in a bank, savings bank, trust company, or savings association for the benefit of the City. Interest earned on such account shall accrue to the contractor. If the contract price exceeds $500,000 and the contractor elects to have the City deposit cash retainage in an interest-bearing account. or the contractor deposits bonds securities or other instruments in lieu of cash retainage. the City shall accept the contractors alternative retainage method in lieu of depositing the retainage in an interest-bearing escrow account, subject to the limitations and requirements of ORS 279C.560. 3. The City may, at its discretion, allow the contractor to deposit a surety bond in a form acceptable to the City in lieu of all or a portion of funds retained to be retained. The contractor shall accept like bonds from subcontractors and suppliers when the City allowssurety bonds for retainage. C. Recovery of Costs If the City incurs additional costs as a result of the exercise of any of the options for retainage described herein, the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the City shall, upon request, inform the contractor of all accrued costs. 40.045 PROGRESS PAYMENTS A. Request for Progress Payments At a regular time each month, the contractor shall, if required by the contract documents, submit to the City a request for payment based upon an estimate of the amount of work completed and of the value of acceptable material to be incorporated in the completed work which has been delivered and acceptably stored. Upon verification and approval of the City, the sum of these values will be referred to the "value of completed work." With these estimates as a base, a progress payment will be made to the contractor, which shall be equal to the value of completed work, less such amounts 61 I Page as may have been previously paid,less such other amounts as may be deductible or as may be owing and due to the City for any cause, and less an amount to be retained in protection of the City's interests. B. Progress Payments Do Not Constitute Acceptance of Work Progress payments shall not be construed as an acceptance or approval of any part of the work covered thereby, and they shall in no manner relieve the contractor of responsibility for defective workmanship or material. C. Estimates for Progress Payments The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the contractor uses such estimates as a basis for making payments to subcontractors, this is at the contractor's own risk, and the contractor shall bear all loss that may result. D. Contractor Certified Payroll Payment Withholding The City shall withhold 25% of any amount owed to a contractor if the contractor does not file certified payroll records with the City along with any invoice for payment on any project covered by Prevailing Wage Rate Law. 40.050 FINAL INSPECTION A. Notification of Completion When the contractor determines that all construction work on the project has been completed, the contractor shall so notify the City in writing. The City shall make an inspection of the project and project records within fifteen (15) days of receiving said notice. If,at such inspection, all construction provided for and ordered under the contract is complete and satisfactory to the City,and all certifications, bills, forms, and documents have been submitted properly, such inspectionshall constitute the final inspection. B. Instructions to Complete the Work If, however, at any inspection, any work in whole or in part is found unsatisfactory, or it is found that all certifications, bills, forms, and documents have not been submitted properly, the City shall within fifteen(15) days provide instructions to the contractor on outstanding requirements tocomplete the project. At such time as the contractor determines full compliance with, and theexecution of such instructions, the contractor shall notify the City in writing. The City shall makeanother inspection within fifteen (15) days after such notice, and this inspection shall constitute the final inspection provided construction work has been completed satisfactorily. C. Acknowledgment of Acceptance Upon satisfactory completion of all work required under the contract,the City shall acknowledge acceptance of the work in writing. 62 Page 40.055 FINAL ESTIMATE AND FINAL PAYMENT A. Submission of Final Estimate As soon as practicable after final inspection of the work under the contract, if unit prices were applicable, the City shall prepare a final estimate of the quantities of the various classes of work performed. Following a determination of the total amount due the contractor and following final acceptance of the work by the City,final payment shall be made to the contractor. B. Set-off of Prior Payments All prior partial estimates and payments shall be subject to correction in the final estimate and payment. C. Retainage Any retainage help by the City shall be included in and paid to the contractor as part of a contract's final payment. D. Interest In accordance with ORS 279C.570 (8), the City shall pay a contractor interest at the rate of 1.5 percent per month on the final payment due to a contractor, with the interest to commence thirty 30) days after the work under the contract has been completed and accepted and shall run until the date when the final payment is paid to the contractor. 40.60 CLAIMS FOR UNPAID LABOR OR SUPPLIES A. Right of Action A person claiming to have supplied labor or materials for work on a public improvement contract led by the City for which the person has not been paid by the prime contractor or any subcontractor, has a right of action on the contractor's payment bond. This right arises if the personhas not been paid in full and has given written notice of a claim within 120 days of last providinglabor or furnishing materials, or within 150 days of providing labor or furnishing materials if theclaim is for a required contribution to a fund of any employee benefit plan. B. Notice of Claim 1. To initiate a claim against the contractor's bond, a person should file a Notice of Claim in the form and manner attached as PCR 40.061 - Exhibit A. Such notice must be given to the contractor and the City. 2. Any notice of claim should include the following information: a. Name and address of the claimant; 63 Page b. Name of prime contractor; c. Title of project and contract date; a Name of the City; e. Name of bonding company(may be obtained from City); and f. Name of contractor or subcontractor to whom labor or material supplied. C. Response to Notice of Claim Upon receipt of such Notice of Claim,the City shall: 1. Send an acknowledgment to claimant; 2. Send a copy of the notice to the prime contractor; and 3. File a copy of the Notice with the bonding(surety) company. D. Referral to Surety Company If the contract has been completed and all funds disbursed to the prime contractor, all claims shall be referred to the surety company for resolution. The City shall not arrange for second payments directly to subcontractors or suppliers for work already paid for by the City. E. Discretionary Payment of Claim If the contract is still in force, the City may pay a valid claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the contractor under the contract. F. Liability of Claim If the City chooses to make a payment as provided in Subsection E,the contractor or the contractor's surety shall not be relieved from obligation with respect to any unpaid claims. 40.61 EXHIBIT A To: (insert name of the public body) NOTICE IS HEREBY GIVEN that the undersigned(insert name of subcontractor or supplier).a corporation,partnership,sole proprietorship,etc.),as claimant,has a claim for (labor performed bythe claimant,materials supplied by the claimant etc.),generally consisting of(brief description) inthe sum of $ against the payment bond taken from (name of prime contractor), as principal,and (name of bonding company if known),as surety,for the construction of the (title or description of project). The material or labor was supplied to (name of contractor). 64 I Page Insert a brief description of the work concerning which the bond was taken.) DATED this day of 20 By claimant's name) 40.065 PLANNING FOR PUBLIC IMPROVEMENTS comply with ORS 279C.305. A. Requirement to file list of planned projects.—The City will prepare and file with the Commissioner of the Bureau of Labor and Industries (BOLI) a list of planned public improvements at least 30 days before adoption of the City's budget and otherwise comply with ORS 279C.305. B. Least-cost policy for public improvements.—If the City intends to use its own equipment or personnel to perform construction work on a public improvement,and the estimated value of the construction work exceeds $200,000. the City shall file with BOLI not later than 180 days before construction begins an analysis that shows that the City's decision conforms to the least cost policy pursuant to ORS 279C.305 (1) and (2)(b). 40.070 PREVAILING WAGE LAWS Contractors shall comply with all Prevailing Wage Rate Laws (ORS 279C.800 to 279C.870 or the Davis-Bacon Act,40 U S 276a)if applicable. PCR 50.000-WAIVER OF SECURITY(BID, PERFORMANCE AND PAYMENT BONDS) Also see PCR 30.055) 50.010 BID SECURITY REQUIREMENTS The City shall require bid security unless an exception under the Public Contracting Code or these rules apply. The City may, in its discretion, waive bid security requirements for contracts other than those for public improvements. In its discretion, the City may accept blanket bid bonds. The City may require proposal security bonds. 50.015 CONTRACTS UNDER$10,000 The City may,in its discretion,waive the bid security and performance bond requirements if the amount of the contract is less than $10,000. 50.020 EMERGING SMALL BUSINESS CONTRACTS UNDER$100,000 A. The City may,in its discretion,waive bid security requirements and performance bond requirements when the public improvement project: 65 I Page 1. Has estimated direct construction costs not exceeding$100,000; 2. Is being undertaken through a program where the bidders are drawn exclusively from a list of certified Emerging Small Businesses maintained by the Advocate of Minority, Women and Emerging Small Business;and 3. The City has been provided funds by the legislature for the purpose of assisting Emerging Small Businesses. B. The City may waive bid security requirements and/or performance bond requirements under the following conditions: 1. There exists an emerging small business account or like source of funds containing an unexpended and unobligated balance; 2. The City has authority to encumber and make payments from the account; and 3. The City encumbers an amount in the account to cover the total cost of each project wherein the bid security and/or the performance bond is waived. PCR 60.000- PROPERTY DISPOSITION 60.010 SURPLUS PERSONAL PROPERTY A. Personal property owned by the City and under the dollar value of$500 (per item or per lot if all the same equipment) may be disposed of with the approval of any department head or the City Manager. Personal property that exceeds that dollar value may be disposed of only after being declared surplus by the City Manager. The method of disposal will be determined based on condition,value,demand,and/or use. B. Personal property may be declared surplus by the City Manager or designee if it is scheduled for replacement in an adopted budget or it is no longer necessary to provide City services. 60.015 AUCTION SALES OF PERSONAL PROPERTY Personal property may be sold at auction if the City determines that an auction will probably result in the best net return for the City. Auctions that are widely publicized, including internet auctions, do not require notice by the City. 60.020 SALES OF PERSONAL PROPERTY A. When the current market value per item (or by lot if all the same equipment) is estimated to be more than $25,000, the personal property must be offered for competitive bid and be advertised aas required in Section 30.035 ftew3paper of general circulation in the City. The City at its discretion may choose betweensealed written bids or a public auction. If no bids are received or if a determination is made thatthe market value of the property exceeds the offer of the highest responsible bidder,all bids maybe rejected,and the City may negotiate a sale subject to the following conditions: 1. An appraisal of the market value of the property is obtained and documented,and the negotiated sale price exceeds the market value;or 661Page 2. The sale amount exceeds the highest bid received through the bidding or auction process. B. The City may sell personal property by a negotiated sale if the value of the property is estimated to be less than$25,000 (per item or per lot if all the same equipment)and the City h a s determined that a sale without competitive bidding will result in at least as much net revenue aswould a competitive bidding process. The City shall endeavor to get as many quotes as is reasonable under the circumstances (normally at least three) and shall negotiate to maximize theproceeds for the City. 60.025 LIQUIDATION SALES OF PERSONAL PROPERTY The City may sell personal property through a commercially recognized third party liquidator if the City has determined that a liquidation sale will result in increased net revenue and the selection of the liquidator was conducted by the competitive request for proposal process under these rules. 60.030 DONATIONS OF PERSONAL PROPERTY A. The City may transfer personal property,including recyclable or reclaimed materials,without remuneration or only nominal remuneration without competitive bids to the following entities: 1. Another public agency; 2. Any sheltered workshop, work activity center or group care home which operates under contract or agreement with, or grant from, any state or federal agency and which is certified to rcccivcfcdcral surplu3 property;or 3. Any recognized non-profit activity,which is certified to receive federal surplus property. B. The City may donate or sell,without competitive bids,surplus personal property to recognized private,non-profit social or health service activities,subject to the following conditions: 1. A determination has been made that the property is not needed for other public purposes; and 2. If the property has a current market value of$500 or more (per item or per lot if all the same equipment),the donation or sale shall: a. Be approved by the City Manager or designee;and b. Be documented by the City to be clearly in the public interest. C. The City shall maintain a record of all transfers,donations,or sales authorized by sections A and B of this rule. 60.035 TRADE OF PERSONAL PROPERTY The City may trade personal property owned by the City to other government agencies or to other entities provided the following conditions apply: A. Trades to other government agencies are exempt from public bidding by PCR 10.010A.1; however, such trades must be approved by the City Manager. 67 I Page B. Trades of personal property with parties other than government agencies must proceed as follows: 1. The market value of both the item to be traded and the item requested must be documented. 2. The proposal to trade an item for another item must be made available to an adequate number of potential vendors to encourage competition. 3. Such trades must be approved by the City Manager. 60.040 DISPOSAL OF SURPLUS PERSONAL PROPERTY MEETING HAZARDOUS WASTE DEFINITIONS If personal property has been declared surplus by the City and can be defined as a hazardous material or waste, including electronic material, or e-waste, the City may appropriately recycle ordisposeofthepropertywithoutcompetitivebidssubjecttothefollowingconditions: A. A determination has been made that the property is not needed for other public purposes, B. If the property has a current market value of$500 or more (per item or per lot if all the same equipment), staff made a good faith effort to locate a seller and documentation of the effort will be made part of the City's files. PCR 70.000- PERSONAL SERVICES CONTRACTS 70.010 PERSONAL SERVICES CONTRACTS A. Personal service contracts are not "public contracts" subject to formal competitive processunder the Oregon Public Contracting Code. This Section of the PCRs describes a method for distinguishing between personal service contracts and public contracts, particularly service contracts, and provides examples of contracts or classes of contracts which are or are not personal service contracts. B. The determination whether a contract is a public contracts or a personal service contract shall be based on the following: 1. Whether the City has developed or is reasonably able to develop reasonably adequate design and/or performance specifications and whether selecting a contractor on the basis of lowest price and meeting minimum specifications would likely meet the City's needs. If the tasks to be performed can reasonably be performed based solely on compliance with minimum specifications,then the tasks should be performed pursuant to a public contract awarded by a competitive bidding process. Conversely,if the City is reasonably unable to develop adequate design and/or performance specifications but must instead have the assistance of the contractor's training,knowledge,and expertise to develop a scope of work statement and selecting the contractor on the basis of lowest price would be unlikely to meet the City's needs,then the tasks would most appropriately be performed under a personal service contract. 2. Whether selecting the contractor on the basis of qualifications rather than lowest price will result in the City obtaining the best value for its money. 68 I Page 3. A personal service contract is appropriate where the contract is awarded primarily on the basis of the contractor's qualifications,including but not limited to,such criteria a s experience, training, knowledge, and expertise, technical skill, creativity, artistic ability,performance history, and demonstrated ability to exercise sound professional judgment.Price will be a secondary criterion for awarding a personal service contract. 4. A personal service contract is not appropriate where price is or should be the primary or a major selection criterion. C. Personal service contracts may include,but are not limited to,the following: 1. Contracts for services performed as an independent contractor in the professional capacity, including but not limited to the services of an accountant; attorney; architectural or land use planning contractor; physician or dentist; registered professional engineer; appraiser or surveyor;aerial photographer;timber cruiser;broadcaster;or data processing contractor. 2. Contracts for such services as an artist in the performing of fine arts,including but not limited to photographer, filmmaker;painter;weaver;or sculptor. 3. Contracts for services of a specialized creative and research oriented,noncommercial nature. 4. Contracts for educational and human custodial care services. D. The following are NOT personal service contracts: 1. Contracts, even though in a professional capacity, if predominately for a product, e.g., a contract with a landscape architect to design a garden is for personal services, but a contract to design a garden and supply all the shrubs and trees is predominately a tangible product. 2. A service contract, including a contract with a temporary service or personnel agency, to supply labor which is of a type that can generally be done by any competent worker, e.g., data entry, janitorial, security guard, crowd management, crop spraying, laundry, andlandscapemaintenanceservicecontracts 3. Contracts for trade related activities considered to be labor and material contracts. 4. Contracts for services of a trade-related activity, to accomplish routine, continuing, and necessary functions, even though a specific license is required to engage in the activity. Examples are repair and/or maintenance of all types of equipment or structures. 70.15 SCREENING AND SELECTION POLICY FOR PERSONAL SERVICES CONTRACTS ` - - - • • • - - SURVEYORS, PHOTOGRAMMETRISTS, TRANSPORTATION PLANNERS, OR RELATED SERVICES It is the City's policy to select as expeditiously as possible the best qualified Contractor available, consistent with financial considerations. The selection procedures in this section shall be used to 69 I Page select the personal services contractors, except where ORS 279C.110 requires a different procedure. The selections procedures do not apply to the appointment or hiring of City officials and employees, to employment or services contracts with City officials and employees (except if providing services outside the scope of employment or official duties),or to collective bargaining agreements. A. Formal Selection Procedure This procedure shall be used for personal service contracts when the total cost of the contract exceeds $1500,000. The City may elect to use the Formal Selection Procedure for any personal service contract,regardless of price. 1. Public NoticeAnnounccmcnt The City shall advertise solicitations for formal personal services contracts consistent with Section 30.035. -- present. The announcement shall invite qualified prospective contractors to indicate to the requesting department their interest in performing the services required. The appropriate department. 2. Application The City shall solicit written proposals by a written Request for Proposals or other competitive process approved by the Contracts and Purchasing Manager. Written Request for Proposals shall be solicited substantially similar to the standards set forth in Section 3. Evaluation Processlnitial Screening a. Written Response The_—City Department Hcad or designee shall evaluate prop o s a l s for p e r s o n a l services contracts based upon the evaluation criteria described in the written Request for Proposals. The evaluation criteria may be changed only by written addendum to the Request for Proposals. Except where prohibited by law, these rules or by other City procedures, price may be included as one of the evaluation criteria.the qualifications of all applicants A selection committee assembled by the City will review the written proposals. After meeting the mandatory requirements,if any,proposals will be evaluated on their technical and fee aspects and scored accordingly. The selection committee will choose the Proposer(s)which best meets the City's needs based upon the evaluation criteria described in the Request for Proposals, 701 Page 4. Final Selection Procedure b. Interviews The City may D-:; ---- ;: :- --- --- hold interviews with the top scoring Proposer(s). Interviews provide an opportunity to clarify or elaborate on written proposals, but will not provide an opportunity to change any fee amount originally proposed. The selection committee will evaluate the interviews as stated in the as stated in the Req u e s t for Prop o sal s_discussions with the finalists selected for The interviews may be-in-person or by phone. c. Award of Contracts Following the selection committee's final determination,the City will issue a Notice of Intent to Award and begin contract negotiations. The City will attempt to reach a final agreement with the highest scoring Proposer. However,the City may, in its sole discretion, terminate negotiations and reiect the proposal if it appears agreement cannot be reached. The City may then attempt to reach a final agreement with the second highest scoring Proposer and may continue, in the same manner,with remaining proposers until an agreement is reached. of the contract based on the written materials and the interview ev-alitat4en.Thcdesigncc may be a committee. B. Informal Selection Procedure 1. This procedure may be used when the estimated fee to the contractor does not exceed 1590,000. 2. The City department may award a contract after seeking will contact a minimum of three 3) prospective contractors to submit proposals.with which ithas had previous successful acrvices. A projected fee will be requested and a selection_made by the either by selection committee or solely by the department director Department Head or designee based upon the contractor's capability,experience,project approach,and compensation requirements. C. Direct Appointment Procedure 1. A qualified contractor may be appointed directly from the City's current list of contractors, another public contracting agency's current list of contractors pursuant to an interagency or intergovernmental agreement entered into in accordance with ORS Chapter 190; or from contractors offering the necessary services that the City reasonably can locate. Direct appointment procedure may be used when: a. The contractor's estimated fee does not exceed$20,000; or b. When the project consists of work that has been substantially described, planned, or otherwise previously studied or rendered in an earlier departmental contract, provided that the original selection procedure used for the project was a formal procedure and the 711 Page contractor's estimated fee does not exceed$1950,000. 2. A direct appointment shall be competitive to the extent practicable and may be based on the contractor's availability, capabilities, staffing experience, compensation requirements and the project's location. D. Emergency Appointment Procedure Nothing in the rule shall be inferred to prohibit or otherwise impede the City'sDcpartmcnt Head's ordcsigncc's right to make direct contractor appointments when conditions require a prompt action toprotect life or property. In such instances, the recommended appointment and a written descriptionof the conditions requiring the use of this appointment procedure shall be submitted by the Department Director Head or designee to the City Manager or designee for action. The City Manager or designee will determine if an emergency exists, declare the emergency, and when appropriate,approve the appointment. E. Responsible Parties'Actions 1. Professional Contractors Submit qualifications, credentials,and performance data relating to their capabilities to the appropriate division in response to project announcement. 2. Division/Department a. Determine that the work on a project requires the services of a contractor. b. Announce project as required by this section. c. Determine appropriate selection/appointment procedure. d. Select contractor/candidates as specified under this rule. e. Interview the top candidates and make the final selection. 3. Contracts and Purchasing a. Execute contracts and awards to contractors,with the Local Contract Review Board and City Manager's prior approval. b. Maintain a file on the selection process,including: 1. The method and copy of the announcement. 2. The names of firms/individuals and cost estimates considered. 3. A justification of need for the contract. 4. The basis for selection. 5. The means by which rates were established. 721 Page 6. How reasonableness of price was determined. 7. A copy of the resulting contract. 3. City Manager a. Approves each project's scope and budget as necessary. b. Makes direct and emergency appointments as required. c. Approves/disapproves Personal Services Contract and all subsequent amendments unless the amount of the contract requires the Board's approval. 70.16 SCREENING AND SELECTION POLICY FOR ARCHITECTS, ENGINEERS, LAND SURVEYORS, PHOTOGRAMMETRIC MAPPINGS, TRANSPORTATION PLANNERS, AND RELATED SERVICES It is the City's policy to select as expeditiously as possible the best qualified contractor available, consistent with financial considerations. The selection procedures in this section shall be used-to select architects, engineers,land surveyors,photogrammetrists,transportation planners, and related services.These selection procedures do not apply to personal service contracts for other professionals see 70.015), nor do they apply to the appointment or hiring of City officials and employees, to employment or services contracts with City officials and employees (except if providing services outside the scope of employment or official duties),or to collective bargainingagreements. A. Definitions 1. "Architect" means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms "architect,""licensed architect"and"registered architect." 2. "Engineer" means a person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002 (2). 3. "Land surveyor" means a person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 to 672.325,and includes all terms listed in ORS 672.002 (5). Photogrammetric mapping"has the meaning given that term in ORS 672.002. 4,5.Photogrammetrist"has the meaning given that term in ORS 672.002. 6.Related services" means personal services, other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to landscape architectural services, facilities planning services, energy planning services, space planning services,hazardous substances or hazardous waste or toxic substances testing services, cost 731 Page estimating services,appraising services,material testing services,mechanical system balancing services, commissioning services, project management services, construction management services and owner's representation services or land-use planning services. 677.Transportation planning services" means transportation planning services for projects thatrequire compliance with the National Environmental Policy Act,42 U.S.C. 4321 et seq. B. Formal Selection Procedure This procedure shall be used for personal service contracts for when the estimated value of the contract exceeds$250,000.The City may elect to use this Formal Selection Procedure for any personal service contract,regardless of price. -- 1. Public NoticeAnnounccmcnt. The City shall advertise solicitations for selection of Architects. Engineers, Land Surveyors, Photogrammetrists, Transportation Planners, and Related Services consistent with Section 30.035. Notices shall be published no fewer than fourteen 14) calendar days before the closing date set forth in the solicitation document. -- in anappropriatc trade periodical or newspaper of general circulation. The announcement shall completion dates, a description of any special rcquircmcnt3, if prcicnt, and the criteria, in No form of compensation (proposed cost,hourly rates,number of staff hours,or others) may be used as criteria nor may the City ask proposers to submit any pricing information. The aclection of candidatc3. The announcement will specify a cloning date by which the statement 2. Application The City shall obtain contracts under this Section through Request for Proposals,or requests for qualifications followed by Request for Proposals, a. The Request for Qualifications procedure may be used to evaluate potential contractors and establish a qualified short list to whom the City may issue a Request for Proposals_ 1) The RFQ shall be solicited substantially similar to the standards set forth in Section 30.025 of this rule and ORS 279C.110. The City cannot request cost proposals or otherwise use pricing policies or other pricing information as part of the RFQ. Price proposals or other pricing information can only be asked for during the RFP process. following the establishment of a short list of qualified contractors resulting from the RFQ. If the City is selecting a contractor to provide Related Services,pricing policies,pricing proposals or other pricing information.including the number of hours proposed for the services required,expenses,hourly rates and overhead may be asked for. 2) A selection committee assembled by the City will review the RFQ responses. After meeting the mandatory requirements,if any, proposals will be evaluated on their 741 Page technical aspects and the City will establish a short list of at least three(3)qualified contractors,if feasible. 3) Except when the RFQ is cancelled, the City shall provide a copy of the subsequent RFP to each contractor on the short list. b. Request for Proposals may be preceded by an RFQ as described above or solicited alone. 1) The Request for Proposals for the selection of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services shall be solicited substantially similar to the standards set forth in Section 30.025 of this rule and ORS 279C.110. The RFP may include a specific estimate of costs,or a range of estimated costs but may not ask for pricing proposals from contractors. 2) A selection committee assembled by the City will review the RFP responses according to the evaluation criteria set forth in the RFP. If the RFP has followed an RFQ,the City may include the same members who served on the RFQ selection committee. The three(3)highest ranked prospective contractors shall be identified to participate in the second phase of the RFP process. 3) The three (3) highest ranked prospective contractors from the RFP process described above will be asked to provide price proposals to the City.in which not more than fifteen (15) percent of the overall weight of the evaluation criteria can be assigned. 4) For Related Services the City may issue a Request for Proposals substantially similar to the standards set forth in Section 30.025 of this rule and ORS 279C.110. Pricing policies,pricing proposals or other pricing information, including the number of hours proposed for the services required.expenses, hourly rates and overhead may be included. 3. Interviews The City may hold interviews with the top scoring Proposer(s) and in the case of Architectural, Engineering.Photogrammetric Mapping.Transportation Planning or Land Surveying Services the three (3) highest ranked prospective contractors. Interviews provide an opportunity to clarify or elaborate on written proposals. and further clarify the understanding of the proposed work. The selection committee will evaluate the interviews as stated in the Request for Proposals.The interviews may be in person or by phone. 2:4.Final Ranking The City's - - .: additional crit. -T election team shall, at the end of interviews (or after reviews if the interview process is not selected), rank the firms on their final score based on the listed criteria. The City shall use this ranking to begin the negotiation process. All firms that submitted a proposal shall receive notice from the City of the-rankings. 3-5.Negotiation a. The City shall enter into negotiations with the top ranked contractor regarding-pricing policies and proposals or other pricing information, including the number of hours proposedfor the service required,expenses,hourly rates and overhead.The City and the selected contractor shall discuss and refine the scope of services for the project and shall negotiate conditions,includingbutnotlimitedto, compensation level schedule and performance schedule, based on the 751 Page scope of services. The compensation level paid must be reasonable and fair tothe contracting agency as determined solely by the City. Authority to negotiate a contract under this section does not supersede any provision of ORS 279A.140 or-279C.520. b. If the City and the top ranked firm are unable to come to a negotiated price for the project,the City shall formally terminate negotiations and move to the second ranked firm and begin to negotiatcion.This process shallcontinue until the City and a ranked contractornultant come to an agreed upon price for the work. " :• 14 by the Local Contract RcvicwBoard. C. Informal Selection Procedure for Architects,Engineers.Land Surveyors Photogrammctrists Transportation Planncr3,and Related Services. This procedure may be used when the estimated value of the required personal services contract exceeds$100,000 but does not exceed $250,000.The City may elect to use this Informal Selection Procedure for any personal service contract under$100,000 if so desired. 1. Applicationlnformal Request for Propo3al The City shall obtain contracts under this Section through Request for Proposals process. a. The City shall send the request for proposal to at least five (5) prospective contractors that are available. If fewerthan five (5) firms are available,the City shall send to all prospective contractors and put a note in the project file. b. If for the selection of Architectural. Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services: i. The Request for Proposals shall be solicited substantially similar to the standards set forth in Section 30.025 of this rule and ORS 279C.110.No form of compensation shall be submitted with a prospective contractor's proposal. ii. A selection committee assembled by the City will review,rank and select the three 3) highest ranked responses according to the evaluation criteria set forth in the RFP. iii. The three(3)highest ranked contractors will be asked to participate in the second phase of the RFP and submit price proposals,in which not more than fifteen(15) percent of the overall weight of the evaluation criteria can be assigned. iv. The selection committee will evaluate review, rank the three (3) highest ranked contractors from the second phase on qualifications and price. v. The City shall begin negotiating a contract with the highest ranked contractor. c. If the City is selecting a contractor to provide Related Services: i. The Request for Proposals shall be solicited substantially similar to the standards set forth in Section 30.025 of this rule and ORS 279C.110. Pricin. policies,pricing proposals or other pricing information,including the number of hours proposed for the services required, expenses, hourly rates and overhead may be included. ii. A selection committee assembled by the City will review, rank all responses received according to the RFP evaluation criteria,including price. iii. The City shall begin negotiating a contract with the highest ranked contractor. 761 Page qualified for thc service through thc City's Professional Services qualified roster. If fewer in the project file.. The City shall prepare a formal scope of scrvicca for the project. Using 0- pricing information. 2. Screening and Final Ranking the rankinga. 372.Negotiation a. The City shall enter into negotiations with the top ranked contractor regarding- pricing policies and proposals or other pricing information, including the number of hours proposedfor the service required,expenses,hourly rates and overhead.The City and the selected contractor shall discuss and refine the scope of services for the project and shall negotiate conditions,including but not limited to,compensation level-schedule and performance Schedule,based on the scope of services. The compensation level paid must be reasonable and fair to the contracting agency as determined solely by the City.Authority to negotiate a contract under this section does not supersede any provision of ORS 279A.140 or- 279C.520. b_If the City and the top ranked firm are unable to come to a negotiated price for the project,the City shall formally terminate negotiations and move to the second ranked firm and begin to negotiateieft. This process shall continue until the City and a ranked contractorcultant come to an agreed upon price for the work. .. -- .; . - --.. :- . ---- -- - -- - - :- - Local Contract Review Board. 13,c.The City shall terminate the Informal Selection Procedure and proceed with the Formal Selection Procedure if the scope of the anticipated contract is revised during negotiations so that the estimated fee will exceed$250.000. D. Direct Appointment Procedure This procedure may be when the estimated value of the personal services for A qualified architects, engineers, land surveyors, photogrammetrists, transportation planners, or related services does not exceed-$100,000. E. Responsible Parties'Actions 1. For Architect, Engineer, Land Surveyor, Photogrammetrist, Transportation Planner, or 771 Page Related Services contractors will submit to the appropriate division qualifications, credentials, performance data relating to their capabilities and pricing policies and other pricing information, including but not limited to the number of hours proposed, expenses, hourly rates and overhead. information. 1,2.Division/Department a. Determine that the work on a project requires the services of a contractor. b. Announce project as required by this section. c. Determine appropriate selection/appointment procedure. d. Select contractor/candidates as specified under this rule. 3. Contracts and Purchasing a. Execute contracts and awards to contractors, with the Local Contract Review Board and City Manager's prior approval. b. Maintain a file on the selection process,including: 1) The method and copy of the announcement. 2) The names of firms/individuals and cost estimates considered. 3) A justification of need for the contract. 4) The basis for selection. 5) The means by which rates were established. 6) How reasonableness of price was determined. 7) A copy of the resulting contract. 2-3.City Manager a. Approves each project's scope and budget as necessary. b. Makes direct and emergency appointments as required. c. Approves/disapproves Personal Services Contract and all subsequent amendments unless the amount of the contract requires the Board's approval. 78Page 70.020 AMENDMENTS Amendments for additional work on personal service contracts shall be permitted only if the City requests additional work of the same type. Any such amendment may not push the contract past the current year's project budget. If an additional personal services contract is to be awarded for work related to an existing personal service contract, the total value of the new and old contracts is to be considered in determining the type of selection procedure required. If a contract was originally awarded by the informal selection procedure, amendments that would result in a total contract price of more than$50,000 are not permitted. If a contract was originally awarded by the direct appointment procedure under Section 70.015C.1.a, amendments that would result in a total contractprice of more than$10,000 are not permitted. PCR 80.000 - EMERGENCY CONTRACTS; SPECIFIC EXEMPTION REQUIREMENTS; BOARD EXCEPTION; PROCEDURES; TEMPORARY EXEMPTIONS 80.010 EMERGENCY CONTRACTS A. The City Manager or designee may, at the City Manager's or designee's discretion, authorize or let public contracts without a formal competitive process if an emergency exists and the emergency consists of circumstances creating a substantial risk of loss, damage, interruption ofservice, or threat to public health or safety that could not have been reasonably foreseen andrequires prompt execution of a contract to remedy the condition. B. The City Manager or designee must declare the existence of an emergency,which shall authorize the City to enter into an emergency contract with a pricc undcr $50,000 and make detailed written findings describing the emergency conditions necessitating prompt execution of the contract. A copy of the findings together with the amount of the contract and the name of the contractor shall be immediately forwarded by the City Manager to the Board,if Board authorization is needed. C. Any contract awarded under this exemption shall be awarded within sixty (60) days following declaration of the emergency unless an extension is granted. D. The City may enter into a public contract without a formal competitive process when circumstances that could not reasonably be anticipated, require prompt establishment and performance of the contract in order to preserve public funds, property, or the uninterrupted provision of government services. In exercising its authority under this exemption, the City shall: 1. To the extent reasonable under the circumstances,encourage competition by attempting to make informal solicitations or to obtain informal quotes from potential suppliers of goods or services; 2. Make written findings describing the circumstances that require the prompt performance ofthe contract and of the harm anticipated to result from failing to establish the contract on an expedited basis; and 3. Record the measures taken undcr sub3cction (a) of this scction to encourage competition, the amounts of the quotes or proposals obtained,if any,and the reason for selecting the 791 Page contractor. E. The City shall not contract pursuant to the exemption in the absence of a substantial risk of loss, damage, or interruption of services that would occur if contract performance awaited the time necessary,given the complexity of the project,to solicit,receive and analyze bids or proposals. PCR 90.000— RECYCLABLE. RECYCLED,AND SUSTAINABLE PURCHASING GUIDELINES 90.010 RECYCLED MATERIALS AND PRODUCTS GUIDELINES The City shall make a good faith effort to prefer, specify, and purchase recyclable items and materials with recycled content in accordance with ORS 279A.125. Incentives for recycled materials shall be applied whenever economically- feasible. A preference of 5% shall be applied for materials and supplies manufactured from recycledmaterials, as provided in PCR 90.015 with the exception of recycled paper and paper products,which receive a higher preference percentage as stated in PCR 90.020. The bidder or proposer shall indicate in its bid or proposal, the materials it considers subject to the 5% preference. The 5% preference will only apply to the value of that portion of a bid or proposal that offers products containing verifiable recycled contents. The "5% preference" shall be applied by dividing the bid amount for the recycled goods by 1.05 and using the resulting number in calculating the total bid amount. 90.015 RECYCLED MATERIALS PREFERENCE A. In order to qualify for a recycled materials preference, bidders and proposers, in their bids and proposals, shall certify the minimum or the exact percentage of recycled product in all materials and supplies offered and both the post-consumer and secondary waste content thereof. B. Bids that contain false information about the percentage of recycled product, post-consumer and secondary waste content,and verifiable recycled content shall be rejected as non-responsive. C. Contracts awarded as a result of a preference under this rule are subject to investigation,including but not limited to,audits,plant visitations,examination of invoices and other documents, etc., as the City deems necessary to confirm that the products supplied contain thepercentages of recycled product, post-consumer and secondary waste stated in the bid orproposal. D. Failure to provide products containing the percentages of recycled product,post-consumer and secondary waste stated in the bid may result in: 1. The contractor being required to reimburse the City for the portion of the contract price that is attributable to the preference;and 2. Contract termination;or 3. Both 1 and 2,or such other remedies the City deems appropriate. 90.020 RECYCLED MATERIALS AND PRODUCTS PURCHASING GUIDELINES 801 Page A. Purchase of Paper Products The City promotes the use of recycled paper and paper products. Purchase of recycled paper and paper products is preferred even when the cost of the such recycled paper or paper products is up to seven percent (7%) higher than the cost of the same quality paper or paper products containing little or no recycled paper. "Recycled paper" shall be defined as a paper product with not less than fifty percent (50%) of its total weight consisting of secondary waste materials or twenty five percent 25%) of its total weight consisting of post-consumer waste. 1. In the specification and purchase of City high speed copier and small offset press application paper and fine printing paper including book, bond, cover, gum, index, bristols, boards, ledger,and duplicator papers: a. The City shall use recycled paper wherever possible if available and compatible with existing printing and copying equipment; b. The City shall try to eliminate excessive or unnecessary paper use,including but not limited to over-purchase of paper, over-printing of materials, purchases of too high agrade of paper, purchase of paper which is not recyclable; and purchase of virgin paperwhen recycled paper is available in the same grade; c. Procurement specifications for the purchase of new printing and copying equipment shall require the acceptance and operational use of recycled paper and shall be capable of two-sided copying; d. The procurement of unbleached,recycled paper is encouraged and the use of bright, hard to bleach colored or otherwise non-recyclable papers shall be discouraged; and e. In the specification and purchase of other paper items including corrugated and fiberboard boxes, folding box board and cartons, stationery, envelopes, legal and scratch pads, manifold business forms (including computer paper), toilet tissue, paper towels,facial tissue, paper napkins and industrial wipes, and brown and coarse papers, the Cityshall actively solicit information from vendors with regard to the availability of otherpaper products (as listed above)with recycled paper content and promote its use. B. Purchase of Composted Waste Materials In the specification and purchase of landscape cover,soil amendment,and fill materials: 1. The City shall eliminate from procurement specifications any exclusions or barriers to the purchase of recycled compost materials except for exclusions based upon plant or human health or safety;and 2. The City shall make every effort to utilize and specify functionally equivalent composted waste products in the place of products manufactured from virgin materials. C. Purchase of Re-refined Petroleum Products In the purchase of lubricating oils for vehicles and equipment in the City fleet: 811 Page 1. The City shall make every reasonable effort to utilize lubricating oils with re-refined oil content unless: a. The product does not meet performance specifications recommended by the original equipment manufacturer and related warranties would be voided; and b. The product is found to not be economically or technically feasible. 2. The City shall review current procurement specifications in order to eliminate (wherever economically and technically feasible) an exclusion of lubricants refined from recycled waste materials. D. Purchase of Building Insulation Products In the specification and purchase of building insulation products: 1. The City shall make every effort to prefer, specify and purchase insulation products manufactured from recovered or recycled materials for maintenance and repair operations, building construction projects and work or projects which are let to private contractors; and 2. A decision not to purchase insulation products with the highest percentage of recovered material content shall be based upon a determination that such products: a. Are not available within a reasonable period of time; b. Are not available at a reasonable price;and/or c. Fail to meet reasonable performance standards set forth in applicable specifications. E. Purchase of Recyclable Plastic Products In the specifications and purchase of disposable food service products and bags: 1. The City shall specify and utilize products, which are exclusively recyclable where available and locally marketed. Preference shall be given to products manufactured from materials which are readily recyclable with developed recycling markets and processes; and F. Recycling/Reuse The City shall also recycle or reuse materials and supplies of purchases as much as possible.Following is a listing of some basic items which shall be recycled or reused: paper, cardboard, scrapmetal, tires, lubricants, and solvents, lead acid batteries, roadside brush and chipped wood waste,plastic materials, and surplus property. 90.025 SUSTAINABLE OR"GREEN" PURCHASES It is the policy of the City to procure sustainable, or "green", products and services whenever it is deemed financially or operationally feasible. 821 Page PUBLIC CONTRACTING RULES - STAFF RECOMMENDED UPDATES RULE—PCR PAGE IMPACT OF REVISION 10.015 Revises this section to update the City's public contract dollar thresholds by increasing the dollar amount for Exemption of Contracts Intermediate Procurements from$100,000 to $150,000 and clarifying the Public Improvement lower dollar threshold at Under Certain Dollar 5,000 consistent with state law. The public contracting dollar thresholds are revised as follows: Amounts OTHER PROFESSIONAL/ PCR PAGE—6 DOLLAR AMOUNT TYPE TRADE SERVICES Under$10k Small Procurement Direct Contract 10k- $150k Intermediate Procurement At least 3 competitive Quotes or Proposals Over$150k Formal Procurement Invitation to Bid or Request for Proposals Under$5k Public Improvement Direct Contract small procurement) 5k- $100k Public Improvement At least 3 competitive intermediate procurement) Quotes Over- $100k Public Improvement Invitation to Bid formal procurement) 10.075 This section clarifies when a contract amendment is allowed and gives further flexibility in unforeseen circumstances Contract Amendments for small and intermediate public contracts. Puts controls in place for small and intermediate contracts in needing Board approval. No change to the formal contract amendment process.This section update replaces section 10.015 f. PCR PAGES—9&10 10.085— 10.088 Update to existing PCR 10.085 and adds three additional sections for Joint,Permissive and Interstate Cooperative Cooperative Procurement Procurements consistent with ORS 279A.205-220. Cooperative Purchasing or"Piggybacking" streamlines the contracting process as it allows for the City to directly enter into a contract with a provider who has formally competed for that contract with another governmental entity. This update provides clarification on the process for each type of PCR Pages 10 - 12 Cooperative Procurement. 1 I Page PUBLIC CONTRACTING RULES - STAFF RECOMMENDED UPDATES RULE—PCR PAGE IMPACT OF REVISION 10.105 Provides clarification on what is included with a Construction Manager/General Contractor (CM/GC) solicitation, Public Improvement specifically how interviews will be scored,identification of whom will receive any project cost savings and terms and Contracts Involving conditions for guaranteed maximum price assumptions. Design or Construction Management PCR PAGES—13—15 10.125 Update to existing PCR 10.125 bringing this exemption to current industry practices. Currently this exemption only Software and Hardware allows for software purchases and with this revision will allow for hardware purchases as well. It also clarifies and limits Maintenance, Licenses,the types of software and hardware purchases to maintenance, licenses, subscriptions and upgrades either from the City's Subscriptions and existing provider or when only one provider is available. Upgrades i'CR PAGE 18 15.010 Updates section language consistent with state statute. Price Agreements CR PAGE 20 20.030 Expands on the existing brand name exemption and gets rid of the outdated "Single Manufacturer or Compatible Brand Name or Equal Products"process in PCR 20.020. Conforms with state statute and points to the brand name exemption process as Specification outlined in ORS 279B.215 (1) (b). PCR PAGES 20-22 2 I Page PUBLIC CONTRACTING RULES - STAFF RECOMMENDED UPDATES RULE—PCR PAGE IMPACT OF REVISION 25.000 Brings PCR 25.00 into compliance with state law by adding preference for Service-Disabled Veteran owned businesses. Minority Owned,Women Owned, Emerging Small Businesses, and Service- Disabled Veteran Owned Businesses PCR PAGE 22&23 30.020 Adds that contractors must have a current valid landscape contractor license issued by the state if submitting a bid for Eligibility to Bid on landscape work as part of a Public Improvement contract consistent with state statute. Construction Contracts PCR Page—25 30.025 Includes reference to ORS 279.055 and 279B.060 as additional clarification. Solicitation Documents PCR Page—25 30.035 Revises the City's Public Notice process to allow for advertisement in trade publications such as the DJC and Portland Public Notice Tribune,but also allows for flexibility of electronic advertisements if in the City's best interest to do so. This section also provides consistent notification processes for all types of public notices required by the PCRs and brings the City in compliance with state statute Public Improvement advertisements at$125,000. PCR Page 27 30.040 Allows the City to accept bid/proposal responses electronically. Bid or Proposals Preparation PCR Page—28 3 I Page PUBLIC CONTRACTING RULES - STAFF RECOMMENDED UPDATES RULE—PCR PAGE IMPACT OF REVISION 30.055 Revises this section to include a separate bid security threshold for highways,bridges and other transportation projects Bid Security consistent with state statute. PCR Page—29 30.065 Updates this section to current practices allowing for addenda to be sent electronically to prospective Addenda to Solicitation bidders/proposers. Documents PCR Page 30.075 Revision allows the City to notify bidders/proposers electronically of bid and proposal results. Receipt, Opening, and Recording of Bids and Proposals PCR Page—32 &33 30.135 Clarifies the process in which a vendor can make a protest to contract award, brings this section into compliance with Protest of Award state law. PCR Page—42 40.040 Brings PCRs up to date with 2019 legislative changes to retainage on construction contracts over$500,000,whereas Retainage retainage needs to be deposited in an interest-bearing account. PCR Page—61 4 I Page PUBLIC CONTRACTING RULES - STAFF RECOMMENDED UPDATES Rule - PCR Change Impact of Revision 40.065 Revises this section to comply with state statute as the City needs to provide the Bureau of Labor and Industries (BOLI) Planning for Public a list of planned public improvements at least 30 days before the adoption of the City's budget. In addition, the City is Improvements required to perform a least-cost analysis for construction work exceeding$200,000. PCR Page–65 70.15 Revisions to this section include further instruction on personal services solicitation requirements,the Request for Screening and Selection Proposals interview process and the City's determination on how contracts are awarded for through the formal and Policy for Personal informal selection process. Updates the Personal Services dollar threshold to $150,000 consistent with the dollar Services Contracts threshold update to Intermediate Procurements in PCR 10.015. PCR Pages–69 - 72 70.16 Provides for procedure updates including evaluating costs due to changes in the 2019 legislative session to the Screening and Selection Qualifications Based Selection (QBS) process. Substantive changes to contracts for architects.engineers,land surveyors, Policy for Architects, photogrammetric mapping. and transportation planners includes allowing for the City to ask for pricing proposals from Engineers, Land the three highest ranked respondents. Costs can then be evaluated but not more than 15%of the overall weight of the surveyors, RFP evaluation criteria.The City can then enter into contract negotiations with the highest ranked contractor having Photogrammetric knowledge of the project costs. Mapping,Transportation Planners and Related Services PCR Pages—73 - 78 80.010 Revises section to allow for operational flexibility by not limiting the exemption to $50,000. Emergency contracts over Emergency Contracts 100,000 still require Board approval. PCR Page–79 5 I Page AIS-4101 8. Business Meeting One Meeting Date: 01/07/2020 Length (in minutes): 60 Minutes Agenda Title: Council Goal Discussion: Increasing Police Services and Local Option Levy Prepared For: Marty Wine, City Management Submitted By: Carol Krager, Central Services Item Type: Update, Discussion,Direct Staff Meeting Type: Council Business Meeting Main Public Hearing: No Publication Date: Information ISSUE In response to Council's discussion about approaches to increase police services valued by the community, staff have compiled this additional information.Throughout 2019, the City Council pursued a goal to "ensure the City's financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community." Specifically, Strategy 1.3 states an intention to "Pursue a local option levy and/or bond in May 2020."At its December 17 meeting, the Council asked whether there were other approaches or funding sources that could be explored to address achieving this goal. STAFF RECOMMENDATION /ACTION REQUEST Council discussion about approaches to achieve this goal and advise staff about desired next steps.The discussion could include investigating funding sources other than a local option levy. Alternatively, Council could opt to continue to pursue the local option levy in May of 2020. Staff have continued with this approach throughout 2019. Council has until late January 2020 to make a referral decision. To assist in the Council's discussion,attached is a preliminary exploration of other funding sources that cities in Oregon have employed to fund local government services. This list is just a starting point to assist with the Council's question and additional research is needed. Staff requests guidance for whether there is Council consensus to seek and research other funding options. Staff also seeks guidance from Council to confirm that increasing patrol services is the highest-priority local government service for focus in acheiving the Council goal. KEY FACTS AND INFORMATION SUMMARY At the December 17 meeting, the Council requested a discussion on whether there were other approaches or funding sources that could be explored that that would address achieving this goal for priority services - approaches that did not rely on a local option levy as a funding source. The question was raised whether there were ways to achieve this Council goal with other funding sources than a local option levy. Tigard has conducted two voter surveys in 2019 to assess support for a local option levy to fund increased police patrol services. The Council received a report of "low and soft" voter support in a recent survey to fund priority public safety services. OTHER ALTERNATIVES Please see the attached table for alternatives. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal 1. Strategy 1.3. Ensure the City's financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community. Pursue a local option levy and/or bond in May 2020. DATES OF PREVIOUS COUNCIL CONSIDERATION 3/26/2019 - Initial Discussion of Potential Local Option Levy and/or Bond 4/23/2019 - Discuss Local Option Levy and Facility Bond Alternatives 6/25/2019 -Receive Presentation on Safe Routes to Schools Infrastructure Projects Levy Proposal 6/25/2019 - Discussion on Timing for the Police Facilities Bond 8/13/2019 - Consider Resolution to Appoint Members to the Levy&Bond Task Force 9/24/2019 - Receive Update on Local Option Levy Planning 11/5/2019 -Receive Update on Local Option Levy Planning 11/12/2019 - Receive Update on Local Option Levy Financials 12/17/2019 -Update Update on Local Option Levy and Report on Community Survey Results Attachments Funding options AgendaQuick©2005-2020 Destiny Software Inc.,All Rights Reserved Funding Alternatives for City of Tigard Service Priorities The Tigard City Council has identified police patrol services as a priority for investment in the 2019-21 goals and is considering how to fund services that the community values. For police services,response time and staffing data show that about 40% of the time,Tigard patrol districts are at minimum staffing of 3 officers in its 5 patrol districts. Response times for highest-priority calls have remained constant at about 6 minutes. From a public safety perspective,increasing patrol staffing by 8-10 officers would help toward all five patrol districts to be fully staffed a majority of the time, and may reduce response times,increase the community's perception of safety, and allow for outreach to our most vulnerable populations. Below,in no particular order,is a menu of possible alternatives that the Council could consider to fund public safety service priorities. In 2016, Tigard's Budget Committee reviewed a version of these options in an effort to make up structural funding gaps for priority services. Source Description/How it Works Factors to Consider Local Option A voter-approved property 5-year time limit requires voter renewal Levy tax levy for 5-years for a Paid once per year with other property taxes specific purpose Revenue not tied to cost of service Changes in amount or services requires voter approval Progressive structure with higher assessed values payin. more Gross Receipts A tax paid by businesses Primary impact on business Tax based on gross sales receipts Revenue not tied to cost of service Can be approved administratively or by voters Does not require public vote,but subject to referral A version of sales tax Often passed on by businesses to shoppers/service users (residents plus daytime population) Instability due to economic cycles Food& Tax on sales of certain food A specialized form of gross receipts tax Beverage Tax &beverages Paid by those selling prepared food&beverage (grocers,restaurants) Generally found in communities impacted by tourism Does not require public vote,but subject to referral Examples: Ashland 5%implemented 1993,referred to voters and approved Yachats 5%implemented 2006 Hood River County 5%rejected by voters May 2019 City Council Discussion-January 2,2020—Page 1 Source Description/How it Works Factors to Consider Payroll / A tax paid by individuals or Local administration structure needs to be researched Income Tax businesses on salaries and Revenue not tied to cost of service wages Does not require public vote,but subject to referral Examples Eugene implemented 2019 ($14/mo employee,$83/mo employers,less for minimum wage) Existing regional payroll tax for transit Also similar to tax paid on personal income such as levied by State of Oregon Business A fee or tax paid by Tigard implemented 1988, called the Business License Fee License /Tax businesses Tigard fee based on number of employees Funds the Tigard PD Commercial Crimes Unit Structure in existing TMC 5.04 Fee set by Master Fees and Charges Schedule Fee can also be a flat fee (Bend) or only on specific business types (Eugene) License can be a tax based on net income (Portland) Focus general Fines from traffic cameras at Concept is that some share of general fund revenues are focused on police services only funds, such as intersections Photo enforcement program will be active in early 2020 photo Revenue limits based on program activity (citations) enforcement Tigard's revenues are estimates only until program implementation program Tigard's current plan is to dedicate this revenue to replacement police facilities (capital instead of revenue operations) General fund dollars are the most flexible revenues of all sources Cut other Reduce services in Library, Existing General Fund dollars are redirected from other services to patrol General Fund Parks,Community Implemented through budget process services Development,and city Creates difficulties in implementation of performance audit recommendations outside of patrol management Necessitates discussion of citywide service priorities City Council Discussion-January 2,2020—Page 2 Source Description/How it Works Factors to Consider Fee for Services Fee for certain services paid Revenue can be directly tied to cost of services Such as Public monthly as part of the utility Models exist to administer (simple) Safety bill Examples: (50 cities use this today) Surcharge on Tigard implemented in 2017 (parks &recreation, $5.91/mo) Utility Bill) Gresham implemented in 2012 (police, fire and library, $7.50/mo, 95% dedicated to public safety) West Linn implemented in 2007 (park maintenance, $15/mo) Salem considering operating fee (emergency,library,park maintenance, social,and other essential services,$8/mo) Method upheld as not a property tax by Oregon Supreme Court due to flat fee (rate cannot be tied to property value) Can be approved by Council or voters Subject to referral to voters Implementation timeframe relatively short No time limit requirements Can be adjusted for changes in service levels Potential for utility bill fee/rate fatigue Franchise Fees Fee on franchised utilities Tigard levies 5%on all public and private utilities Federal law limits cable to 5% and some telecom to 7% Construction Half of the Construction Recently adopted by Tigard City Council Excise Tax Excise Tax on commercial Council discussion scheduled for February commercial construction is not dedicated Due to cyclical nature of commercial development,revenue is highly variable portion) by state law Funding sources considered but not eligible to fund general-purpose local government services: Fuel tax/local gas tax (paid by consumers per gallon of gasoline). Local fuel taxes require a public vote pursuant to ORS 319.950. Constitutionally dedicated to "construction,reconstruction,improvement,repair,maintenance, operation and use" of roads. Local taxes on the sale or use of motor vehicles are prohibited by ORS 320.490. Local taxes on cigarettes are prohibited by ORS 323.030. Local liquor taxes are prohibited by ORS 473.190. City Council Discussion-January 2,2020—Page 3