Loading...
11/07/2022 - PacketPLANNING COMMISSION AGENDA – November 7, 2022 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 City of Tigard Planning Commission Agenda MEETING DATE: November 7, 2022 - 7:00 p.m. MEETING LOCATION: Members Remote in via Microsoft Teams Link to virtual hearing online: www.tigard-or.gov/virtualPC Call-in number for public testimony: 503-966-4101 Public testimony call-in time is between 7:00 p.m. and 7:45 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m.7:30 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:04 p.m. 5. PUBLIC HEARING, LEGISLATIVE 7:05 p.m. PSILOCYBIN FACILITY STANDARDS DCA2022-00004 Staff: Associate Planner Schuyler Warren 6. PUBLIC HEARING, LEGISLATIVE 7:35 p.m. PARKING FEFORM COMPLIANCE PROJECT DCA2022-00005 Staff: Associate Planner Schuyler Warren 7. OTHER BUSINESS 8:05 p.m. 8. ADJOURNMENT 8:15 p.m. November 7, 2022 Page 1 of 8 CITY OF TIGARD PLANNING COMMISSION Minutes, November 7, 2022 Location: Members Remote via Microsoft Teams Link to virtual hearing online: www.tigard-or.gov/virtualPC CALL TO ORDER President Hu called the meeting to order at 7:00 p.m. ROLL CALL Present: President Hu Vice President Jackson Commissioner Brandt Commissioner Miranda Commissioner Roberts Commissioner Watson Absent: Commissioner (K7) Tiruvallur; Commissioner Schuck Staff Present: Tom McGuire, Assistant Community Development Director; Schuyler Warren, Senior Planner; Doreen Laughlin, Confidential Executive Assistant COMMUNICATIONS – None. CONSIDER MINUTES President Hu asked if there were any additions, deletions, or corrections to the October 17, 2022, minutes; there being none, President Hu declared the minutes approved as submitted. OPEN PUBLIC HEARING PUBLIC HEARING, LEGISLATIVE PSILOCYBIN FACILITY STANDARDS DCA2022-00004 Staff: Associate Planner Schuyler Warren The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) and the Zoning Map. STAFF REPORT Sr. Planner Schuyler Warren introduced himself and went over a PowerPoint (Exhibit A). November 7, 2022 Page 2 of 8 He said, “the first item for consideration is a small legislative text amendment to the Tigard Development Code that would add time, place, and manner regulations to psilocybin facilities. This one is a little different in that we are bringing text amendments to you, but our recommendation to you is actually to pass along a “do not adopt” recommendation to the City Council. I will go into the reasons for that in more depth later, I just think it’s important that I provide that context now. A little background on this - Psilocybin is a naturally occurring substance that is found is certain plants and fungi. It is a psychoactive substance that is categorized as a hallucinogen. Although it has been used in traditional medicine in cultures across the world, it is a Schedule I controlled substance here in the US. Oregon is actually the first state in the US to legalize the production and administration of psilocybin. Research has indicated that use of psilocybin in controlled settings may aid in the treatment of a wide variety of conditions. Measure 109 was passed by a majority of Oregon voters in the November 2020 election. The measure had the effect of adopting a pretty extensive statute, but I’ll summarize the basics. The measure legalized the production, administration, and use of psilocybin. And although the law included some broad rules related to licensing of facilities and practitioners, it also directed the Oregon Health Authority to establish detailed rules for implementation by December 31, 2022. Notably, no retail sales of psilocybin are allowed. Instead, psilocybin is administered in facilities called psilocybin service centers. These are state-license facilities. The clients served at these centers must be 21 or older, and the process of administering the drug takes more than one session. There is a mandatory introductory session, followed by an administration session on another day. A third session, called an integration session, is recommended but is not required. To support these service centers, there need to be other facilities, including those where psilocybin-containing mushrooms are grown, as well as testing and warehousing facilities. Cities may adopt reasonable time, place, and manner restrictions on these facilities. They also may opt out, but only by referring the opt out to voters in a general election. Our Council consensus was to not refer an opt-out to voters. Common TPM restrictions would include things like buffers around other land uses or limitations on hours of operation. The rulemaking at the state has taken nearly the full two years since the measure was adopted. Final rules are not expected to be adopted until late this month. Given the unknowns, our department thought it prudent to draft some Time Place and Manner restrictions pending the final rules from the state. The Tigard Dev Code amendments that were drafted would require a local land use process on top of the regular land use process that applies to all development and would include some minimal TPM restrictions. Our recommendation this evening is actually to forward a do not adopt recommendation to Council. The reasons for this recommendation are that as the state’s rules have been finalized, we have found that they cover most of the same things that our local code would. For example, the state requires psilocybin facilities to be located a minimum distance from all schools, and they are prohibited in all residential zones. The state actually monitors and enforces these rules. The state’s licensing process also requires a LUCS from the local jurisdiction, ensuring that we are able to review these facilities for appropriate zoning before they are even licensed. November 7, 2022 Page 3 of 8 Additionally, the off-site impacts from these facilities are expected to be minimal – no more than a normal medical clinic that is seeing patients. And with retail sales prohibited, there is no “take out” of the substances that would cause further community impacts. We believe these facilities are better regulated using the standard zoning requirements of the development code.” STAFF RECOMMENDATION The staff recommendation to Planning Commission is to implement Option 1 and forward a “do not adopt” recommendation to Council. Assistant Community Development Director, Tom McGuire noted that this was more of a therapy procedure that takes place in a doctor’s office. Safety factors are built into the licensing from the state. We don’t need to add anything specifically to the zoning code and we can treat it as we do other doctor and therapy offices. QUESTIONS Has the state recommendation been finalized? Not yet, but we have the draft of the rules, and they were published on November 3, so we know pretty much what’s going to be adopted later this month. Are people allowed to smoke the substance? No. If we recommend to not move forward, does the new text that we read just revert to the old text? Everything would remain the same. No changes would be made. The only thing we changed in that chapter was related to cleaning up language. We didn’t change any of the standards. So, we’re not stopping ourselves from going forward in the future? Correct, no we’re not. TESTIMONY IN FAVOR OF THE APPLICATION – None. TESTIMONY IN OPPOSITION TO THE APPLICATION – None. DELIBERATION President Hu asked the commissioners to say whether or not they were comfortable with not adopting at this moment. Commissioner Miranda - do not adopt Commissioner Brandt – do not adopt Commissioner Watson – do not adopt Commissioner Roberts – do not adopt Vice President Jackson – do not adopt President Hu – do not adopt November 7, 2022 Page 4 of 8 MOTION Commissioner Brandt made a motion, “In the case of DCA2022-00004, I move that we put forward a recommendation that the City Council does not adopt any new regulations regarding the Psilocybin Facility Standards.” Commissioner Watson seconded the motion. VOTE The recommendation to not adopt passed unanimously with a vote of 6-0. OPENED - PUBLIC HEARING, LEGISLATIVE PARKING REFORM COMPLIANCE PROJECT DCA2022-00005 Staff: Associate Planner Schuyler Warren. STAFF REPORT Sr. Planner Schuyler Warren went through his presentation (Exhibit B). “The second item for your consideration tonight is a legislative text amendment to the Tigard Development Code that will bring us into compliance with state rules. On September 19, I briefed you on this coming code package, but I will give a quick refresher. The Climate Friendly and Equitable Communities rules were adopted by the state’s Land Conservation and Development Commission in late July. I’m going to refer to this set of rules and the required work program collectively as “CFEC” throughout the presentation to make things a little simpler, but I will remind everyone in my wrap-up what the CFEC stands for here. These rules implement the Governor’s Executive Order 20-04 related to greenhouse gas emission reductions across the state. The state’s rulemaking also incorporated a longstanding goal to update the transportation planning rule to address issues of a lack of equity and disproportionate impacts to marginalized communities by transportation projects. The rules touch on two main areas of transportation – long-range system planning and project prioritization and off-street vehicle parking. As I mentioned in the earlier presentation in September, this is a time-constrained project with two deadlines quickly approaching, one on December 31st of this year, and one on June 30th of 2023, so we’re hoping to get to work on this project as soon as possible. The two elements of the CFEC rules that are subject to these short deadlines are both related to off-street vehicle parking. This code package only addresses the parking requirements in the rules, not the transportation planning elements – those will be handled at the time of the city’s Transportation System Plan update. The first parking requirement is that the city reform its development code standards related to minimum parking requirements. These are standards in the development code that require development to provide a minimum number of parking spaces based on use classification of that development. The city has some limited choice in how to reform those standards. The second requirement is that the city must update the standards for the design of parking lots. There is no choice on this one, and it will mean that we must November 7, 2022 Page 5 of 8 require more tree canopy or solar powered generating covers over parking lots, as well as electric vehicle readiness. He pulled up slide 4 of the PowerPoint and said, “For the minimum parking requirement reform, this chart summarizes the three options that the city has: The first, Path 1 (Slide 4a), is to remove all minimum parking requirements in the code. If this path is followed, then there are no further steps required in this element. The second, Path 2 (Slide 4b), removes all minimum parking requirements in a large part of the city. In addition, parking requirements would be removed for certain types of development including middle housing, affordable housing, shelters, assisted living facilities, and other types of residential uses. The third, Path 3 (Slide 4c), also removes all minimum parking requirements in a large part of the city, but also requires that the city adopt three policies that use pricing signals to change parking and driving behavior. After meeting with the Planning Commission, the Tigard Transportation Advisory Committee, and being presented with The Tigard Team’s recommendation, the City Council directed us to follow Path 1 to compliance. This option would remove minimum parking requirements from the development code entirely. There are several reasons this approach was our recommendation and the City Council’s preference. This approach aligns with adopted city policies, including the Strategic Vision and the Strategic Plan. Reducing burdensome minimum parking requirements fosters a well-connected and accessible pedestrian network, facilitates transit-oriented development, increases sustainability, and lowers the impact of development. This is also in line with the Council Goal to increase community resiliency. Further, Path 1 greatly simplifies the development code standards for applicants seeking to create more housing and jobs within the city. A unified, citywide approach to parking reform is preferable to one that inequitably applies parking reforms here and there. Next, by removing minimum parking requirements, the city allows the market to respond to supply and demand, specific site contexts, their intended customers, and future innovations in mobility. Finally, removing minimum parking requirements means that land is used more efficiently, and less development are overparked. Those are all the positives to Path 1. And the recommendation could easily rest on those alone. But I do want to provide some more background on the other Path alternatives that highlight the reasons we are not recommending those options. The first, and primary reason is that our analysis shows that Paths 2 and 3 would result in the removal of minimum parking requirements in most of the city anyway. That analysis shows that fully 62% of the city will have no minimum parking requirements under those alternatives. This is in line with the analyses conducted by staff in Milwaukie and Beaverton. That 62% of the city that would have NO minimum parking requirements, regardless of which path is chosen, includes almost all of the city’s commercial, industrial, and mixed-use zones. The remaining 38% of the city where we would have the discretion to apply minimum parking requirements is almost exclusively low-density residential. However, even within those areas, the City’s authority would extend to only a limited number of development types. Most of the middle housing types as well as affordable housing, assisted living facilities, shelters, schools, ADUs, duplexes, triplexes, and many others would be exempt from parking requirements. The code to implement all of these exemptions and apply minimum parking requirements to only a select few development types in a very limited geography of the city would create an overly burdensome and complex code that would move us away from our November 7, 2022 Page 6 of 8 work over the past decade to streamline and simplify the code. For Path 3 in particular, many of the programmatic requirements are untested in cities of Tigard’s size. The administrative element of implementing these programs would prove burdensome not just to the city, but to the property owners and business owners subject to those requirements. We do have some precedents for removing minimum parking requirements. The most recent is the Tigard Triangle, where the Lean Code adopted in 2017 removed parking requirements altogether. Since then, we have seen the development potential of the Triangle unlocked, with construction of new commercial and housing units proceeding rapidly. Notably, each of these developments is providing parking without any city requirements to do so. Our analysis shows that recent developments are including parking counts that are just slightly below what would have been required under the old code. We’ve also seen development get creative with shared parking agreements that reduce underutilized parking lots. This of course all moves our urban form closer to the walkable development pattern we are encouraging, and it reduces unnecessary expense for developers. I’m going to run through a quick summary of the code changes. These are all reflected in the staff report that you have before you. Most of the major changes will be in Chapter 18.410, which is the Off-Street Parking and Loading Chapter. We began by updating the purpose statement here. It was pretty out of date and did not align with the purpose of the regulations in the chapter. Further, there are different types of parking standards in this chapter, and so we wanted to provide individualized purpose statements for each of those. And lastly, we wanted to tighten up this section because purpose statements in our code can help with making findings for adjustments. And of course, we removed all minimum parking requirements. This is reflected mostly in the table at the end of the chapter, but we also removed any references to minimum parking requirements in the text and any standards related to the application of minimum parking requirements. Next, we reorganized the chapter. It was a bit haphazard in the way that standards were organized, so we improved that by aligning the organization with the purpose statement, keeping the vehicle parking standards together. We also consolidated several standards. A good example of this are the loading area standards. There were two separate loading area standards in two separate sections. Those are now consolidated under one loading subsection in the vehicle parking standards. Finally, we removed the on-street parking credit section. This was one we added as part of the Housing Options project in 2018, but with no minimum parking requirements, there is no longer a need for on street parking credits. This work also required some changes throughout the rest of the code, but these are pretty small and scattered and so we present them as omnibus changes. First, we updated some definitions and added others. There were several terms that are used throughout the code that were not defined. While that is normally not an issue as long as we are using the dictionary definition, in this case we mean something very specific when we use these terms, so it was important to get definitions in there to ensure that there is no confusion, and the intent of the code is met. We also updated some references. Where they previously were very specific in referring to standards of Chapter 18.410, they now refer broadly to the entire chapter. This makes applying November 7, 2022 Page 7 of 8 standards easier, reduces the need to update references, and makes it less likely that outdated references will slip through. There were some housing chapters that included minimum parking requirements and those were removed. We clarified some language around garages, carports, and parking structures. We removed a couple of outdated standards from the mobile home park chapter. Lastly there is one small change that corrects an error from the Housing Compliance project in June where an application type was erroneously left in a table. So, to conclude, our recommendation is that the Commission forward a recommendation to adopt these changes to the City Council. I should mention that Vice President Jackson sent an email yesterday that included some fixes. We will correct those before the City Council either way, but if you wish, you can include those in your recommendation by reference.” STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. TESTIMONY IN FAVOR OF THE APPLICATION None. TESTIMONY IN OPPOSITION TO THE APPLICATION None. CLOSED THE PUBLIC HEARING DELIBERATION President Hu asked for each commissioner to let him know their thoughts and whether they are in favor, cautiously in favor, or against. He called them by name. Vice President Jackson is in favor Commissioner Roberts is cautiously in favor. Commissioner Watson is cautiously in favor Commissioner Brandt is in favor of removing parking minimums and in favor of adopting this resolution. Commissioner Miranda is in support of adopting. President Hu is in favor MOTION Commissioner Jackson moved – I move the Planning Commission forward a recommendation of approval of DCA2022-05 and adoption of findings contained in the November 7, 2022 Page 8 of 8 staff report based on the testimony received and including the correction of the scrivener’s errors that were emailed to Schuyler Warren on November 6. The motion was seconded by Commissioner Brandt VOTE – All in favor – the vote to approve carries unanimously HEARING DATE FOR CITY COUNCIL The hearing date for City Council December 13. If anyone has any questions about the hearing, please contact Schuyler Warren. OTHER BUSINESS – Tom McGuire let the commissioners know about the new commissioners who will be coming onboard in January 2023. He also gave an overview of the upcoming meetings. ADJOURNMENT President Hu adjourned the meeting at 8:15 p.m. _______________________________________ Doreen Laughlin, Planning Commission Secretary _________________________________ ATTEST: President Nathan Jackson Planning Commission November 7, 2022 Psilocybin Facility Standards Legislative Hearing Text Amendments EXHIBIT A The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Measure 109 •Passed by Oregon voters November 2020 •Legalized production and use of psilocybin •Directed Oregon Health Authority to establish rules by January 1, 2023 •Statute provides broad framework for licensing, operation The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Psilocybin •Naturally occurring compound found in plants, fungus •Psychoactive / hallucinogenic •Still a Schedule 1 drug federally, like marijuana •Oregon first state to legalize for specific uses •Clinical research shows benefits for certain conditions •No retail sales allowed The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Psilocybin Service Centers •State licensed facilities where psilocybin is administered •Clients must be 21 or older •Must follow specific procedure: o Introductory Session o Administration Session o Integration Session (optional) The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Other Psilocybin Facilities •Manufacturing (cultivation or extraction) •Testing •Warehousing The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Time Place Manner Restrictions •Cities may adopt reasonable time, place, and manner restrictions •May not opt out unless referred to voters •Common restrictions may be buffers around other uses or hours of operation The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence State Rulemaking and Local Code •State rulemaking has taken significant time, still not complete •Community Development drafted code amendments pending state rules due to unknowns •Draft Tigard Community Development Code amendments would require local land use process and provide minimal time, place, and manner restrictions The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Staff Recommendation •Staff recommend the Planning Commission forward a recommendation of “do not adopt” to the City Council. The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Why We Now Recommend Against Adoption •State rules cover almost all of the local regulations we would impose –distance from schools, prohibited in residential zones •State licensing requires a Land Use Compatibility Statement, ensuring city review before license issued •Off-site impacts expected to be minimal compared to marijuana •Retail sales prohibited •Can be treated as any other Office, Manufacturing, or Warehousing use Schuyler Warren schuylerw@tigard-or.gov 503-718-2437 Thank you. Questions? The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Minimum Parking Requirements November 7, 2022 Legislative Hearing: Climate Friendly and Equitable Communities EXHIBIT B The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence •Climate Friendly and Equitable Communities Rulemaking •Governor’s Executive Order 20-04 •Goal 1: reduce Greenhouse Gas emissions •Goal 2: promote equity in transportation and land use planning •Two deadlines approaching –both •First set of rules effective January 1, 2023 •Second set effective July 1, 2023 Updated State Transportation Planning Rules The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Two Areas of Importance Due to Deadlines •Reform minimum parking requirements and parking management (Choice of pathways) •Update parking lot standards (Required in all cases) Updated Transportation Planning Rules Path 1 Path 2 Path 3 Remove all parking requirements Reduce or remove certain parking requirements By 12/31/22 Adopt 3 of 5: •Unbundle res. parking •Unbundle comm. parking •Require commute benefits •Tax on parking lot revenue •Reduce apartment minimums By 6/30/23 Adopt parking maximums* Adopt parking lot standards Adopt parking lot standards Adopt parking lot standards Reduce or remove certain parking requirements Adopt all: •No small unit residential minimums •No parking minimums for redev. •Remove some comm. minima •Reduce certain minimums •Meter some on-street res. parking No further action needed Adopt parking maximums* Adopt parking maximums* Path 1 Path 2 Path 3 Remove all parking requirements Reduce or remove certain parking requirements By 12/31/22 Adopt 3 of 5: •Unbundle res. parking •Unbundle comm. parking •Require commute benefits •Tax on parking lot revenue •Reduce apartment minimums By 6/30/23 Adopt parking maximums* Adopt parking lot standards Adopt parking lot standards Adopt parking lot standards Reduce or remove certain parking requirements Adopt all: •No small unit residential minimums •No parking minimums for redev. •Remove some comm. minima •Reduce certain minimums •Meter some on-street res. parking No further action needed Adopt parking maximums* Adopt parking maximums* The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Why Was Path 1 Recommended? •Supported by committees •Aligns with City policies and goals •Simplifies code for applicants –single approach •Allows market determination of appropriate parking counts •Avoids overparking The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Why Are Paths 2 or 3 Not Recommended? •62% of city will be parking-exempt with these paths anyway •The remaining 38% is mainly lower-density residential •Creates barriers to development •Move us in opposite direction of last decade of work to make code more streamlined, clear, equitable The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Tigard Precedents –Triangle and Downtown •Tigard Triangle Lean Code included no parking requirements •Development has continued apace, with parking included •Analysis shows developments build just under old minimum •Developments get creative with shared parking •Fosters a more walkable development pattern •Reduces unnecessary expense The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Summary of Code Changes –Chapter 18.410 •Updated purpose statements •Removed all minimum parking requirements •Reorganized for clarity •Clarified which standards apply to which type of parking •Consolidated standards •Removed on-street parking credit The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Summary of Code Changes –Omnibus •Updated definitions •Added definitions for terms –garage, carport, parking lot •Updated references to be more broad •Removed minimum parking requirements for housing •Clarified language on garages and carports •Removed some outdated standards for mobile homes •Fixed an error where ADU was still listed as an application type The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Recommendation •Staff recommend Planning Commission forward a recommendation to adopt to City Council. The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Discussion and questions Thank You The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Background •Climate Friendly and Equitable Communities Rulemaking •Began with Gov. Brown’s Executive Order 20-04 (May 2020) •Goal 1: reduce Greenhouse Gas emissions •Goal 2: promote equity in transportation and land use planning •Rulemaking started in 2020 •Adopted by LCDC on 7/21/22 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking has a high cost in terms of both land usage and dollars Average parking requirement for apartments is more than half the apartment’s square footage Parking is Expensive The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Cities Removing Parking Requirements •Beaverton •Milwaukie •West Linn •Bend •Corvallis •Millersburg •Portland •We are hearing that more are headed this direction, but are yet to start the work The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Precedents Exist Across the Country The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Cities With No Minimum Parking Requirements •Raleigh, NC (2022) •Minneapolis, MN (2021) •St. Paul, MN (2021) •Bridgeport, CT (2021) •New Haven, CT (2021) •Richmond, VA (2021) •Ann Arbor, MI (2022) •South Bend, IN (2021) •Alameda, CA (2021) •Jackson, TN (2021) •Dunwoody, GA (2019) •Auburn, ME (2022) •Many more currently in adoption process: •Cambridge, MA •San Jose, CA •Culver City, CA The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Impacts of Removing Parking Requirements Buffalo Case Study •Found overall 21% reduction in off-street parking after removing parking requirements •Mixed-use developments in transit corridors are most likely to reduce parking counts •Market continues to provide off-street parking due to demand Daniel Baldwin Hess & Jeffrey Rehler (2021) Minus Minimums, Journal of the American Planning Association, 87:3, 396-408 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Two Areas of Rulemaking Regional plans to achieve pollution reduction targets Land use and transportation rules reducing pollution and promoting equity The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Two Areas of Rulemaking Regional plans to achieve pollution reduction targets Land use and transportation rules reducing pollution and promoting equity The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Outreach Summary •Compressed compliance timetable -rules adopted 7/25/22 •Significant stakeholder feedback during rules adoption •CD team briefings: •Tigard Transportation Advisory Committee -9/7/22 •Tigard Planning Commission -9/19/22 •Compliance projects have limited engagement opportunity The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Two Types of Parking Reform Rules Required in all instances Required only if city chooses not to remove minimum parking requirements The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Lot Standards –Required in All Instances By June 30, 2023 •Adopt improved parking lot standards •EV-ready parking lots •Choice of: ▪Minimum amount of solar cover or ▪Minimum amount of tree canopy •Allow redevelopment of parking Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Maxima–Required in All Instances By June 30, 2023 •Adopt parking maxima •Tigard already has parking maximums •Part of Metro Urban Growth Management Functional Plan •Could opt to lower maximums, cannot raise. •Could opt for no action on this item at this time Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase I –Required for Paths 2 and 3 By December 31, 2022 •No minimum parking requirements in 2040 Centers and ¼ mile from them -Washington Sq., Downtown, Triangle, King City, Progress Ridge •Or: •adopt parking benefit district in each 2040 center •remove all commercial parking requirements and •reduce parking minimum for residential to 0.5/unit Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase I –Required for Paths 2 and 3 By December 31, 2022 •No minimum parking requirements near transit •Within ¾ mile of WES rail stops •Within ½ mile of frequent service transit •No minimum parking for certain developments •Small units, affordable housing, shelters, childcare facilities, treatment facilities Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase I –Required for Paths 2 and 3 By December 31, 2022 •Reduce parking requirements to no more than 1 space per residential unit citywide Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Paths 2 and 3 By June 30, 2023 •Must allow shared parking •Allow parking off-site, up to 2,000 feet away •Reduce by 1 parking space for every 3kW solar •Reduce by 1 space for each car-sharing space •Reduce by 2 spaces for every EV charger •Reduce by 1 space for every two accessible units Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Paths 2 and 3 By June 30, 2023 •Must require parking be unbundled within all transit corridors •Within ¾ mile of WES rail stops •Within ½ mile of frequent service transit Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Path 2 By June 30, 2023 •Extend parking requirement exemption buffer around 2040 centers from ¼ mile to ½ mile •No parking requirements for all transit-oriented development and mixed-use development •No parking requirements for group quarters •No parking requirements for studios, one-bedrooms, and condos in multi-unit development Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Path 2 By June 30, 2023 •No parking requirements for redevelopment of buildings vacant for two years or more •No parking requirements for changes of use or redevelopment •No parking requirements for additions of 30% or less in building area Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Path 2 By June 30, 2023 •No parking requirements for historic buildings •No parking requirements for commercial properties with 10 employees or less or 3,000 square feet or less •No parking requirements for buildings constructed under the Oregon Reach Code •No parking requirements for LEED buildings Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Path 2 By June 30, 2023 •No parking requirements for schools •No parking requirements for bars and taverns Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Impact of Geographic Exclusions –Paths 2 and 3 Excluded Totals •62% of city excluded from minimum parking requirements •Including: •All mixed-used districts: Triangle, WaSq, Downtown •All of Heavy Industrial Zone •Most of Light Industrial and Industrial Park •Most of General Commercial The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Impact of Geographic Exclusions –Paths 2 and 3 What Could Be Regulated •38% of city where parking requirements are allowed is overwhelmingly zone Residential •Even within this area, parking requirements would very limited for most housing types The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Path 3 By June 30, 2023 •Unbundle parking for residential units •Unbundle leased commercial parking •Require a flexible commute benefit for businesses with more than 50 employees •Adopt a tax on parking lot revenue •Require no more than ½ space per unit for housing other than single detached houses Path 1 Path 2 Path 3 The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Parking Reform Phase 2 –Required for Path 1 By June 30, 2023 •Remove all minimum parking requirements Path 1 Path 2 Path 3 Why Are These Rules Needed? Nationally, transportation creates about 27% of total U.S. greenhouse gas emissions. From 1990 to 2020, transportation emissions increased more than any other sector. In Oregon, transportation creates 40% of GHG emissions. Why Are These Rules Needed? GAP Climate Pollution Change (Light Duty Vehicles) We are here Where we’re headed (Trends, Plans, Investments) Oregon’s adopted vision (Statewide Transportation Strategy) As a state, we are missing greenhouse gas reduction and climate mitigation targets. The climate crisis is worsening and acute action is needed. Climate Impacts Are Real 2020 Oregon wildfires led to total loss of four towns, the deaths of 11 Oregonians, loss of over 5,000 homes and businesses, displacement of thousands of people in the midst of a pandemic, and destruction of over 1,200,000 acres of forest, at a total estimated cost of over $1.15 billion. 2020 flooding in Northeast Oregon led to the death of one Oregonian, hundreds of millions in damages, and the closure of one of the state’s two major interstate corridors, impacting commerce and travel. 2021 heat wave lasting more than three days led to the deaths of at least 116 Oregonians in what Multnomah County officials described as a “mass casualty event”. ODOT ODOT Equity Impacts Research by Portland State University’s Dr. Vivek Shandas and others shows that the impacts of extreme weather and climate change are disproportionately borne by communities of color. Transportation systems have disproportionately impacted communities of color, displacing and dividing them, and creating unhealthy living conditions. Nationally, 71.9% of white households own homes 41.8% of Black households own homes The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Land Use/Building •Designate walkable climate-friendly areas •Reform parking management •Support electric vehicle charging Updated Land Use and Transportation Rules Transportation •Plan for high quality pedestrian, bicycle, and transit infrastructure •Remove sole focus on motor vehicle congestion standards •Prioritize projects meeting climate/equity outcomes City of Tigard Memorandum To: President Hu and members of the Planning Commission From: Schuyler Warren, Senior Planner Tom McGuire, Assistant Community Development Director Re: Psilocybin Facilities Date: October 26, 2022 This memorandum provides guidance on the Community Development team’s recommendation for proceeding with the legislative hearing for DCA2022 -00004. Recommendation We recommend the Planning Commission forward a “do not adopt” recommendation to the City Council. It is unusual that the City provide this type of recommendation, so we will summarize briefly the reasoning. • State law and administrative rules already provide for adequate buffering from schools through the licensing process. • State law and administrative rules already prohibit psilocybin facilities in residential zones. • Unlike marijuana facilities, there is no retail distribution of psilocybin products directly to consumers. Psilocybin products can only be administered in a clinical setting under the direct supervision of a licensed. • Psilocybin facilities are unlikely to have the off-site impacts like odors that are typically associated with marijuana facilities. The draft code amendments included with the staff report are only provided to the Planning Commission in the case that the body elects to move forward with addit ional land use requirements for psilocybin facilities. Process In order to effectuate the recommendation from staff, the Planning Commission will still need to follow the typical procedures for a public hearing. However, the action taken by the Planning Commission would be to take a vote to forward a do not adopt recommendation to Council. PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 7 Agenda Item: # 1 Hearing Date: November 7, 2022 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: PSILOCYBIN FACILITY STANDARDS CASE NO.: Development Code Amendment (DCA) DCA2022 -00004 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) to provide standards and approval processes for psilocybin facilities allowed by Measure 109. The proposed text 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); Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.6, 2.1.11, 2.1.23, 2.1.24; and Tigard Development Code Chapters 18.710 and 18.79 0. SECTION II. STAFF RECOMMENDATION Staff is presenting the Planning Commission with two options. 1. The first option is to forward a recommendation to not adopt the proposed amendments to the City Council. In this scenario, the following would occur: ▪ The State of Oregon’s restrictions on distance from schools and prohibition on locating psilocybin facilities in residential zones would apply at the licensing stage and be regulated by the state. ▪ The city would apply existing zoning code regulations to the various uses associated with psilocybin facilities. 2. The second option is to forward a recommendation to adopt the attached amendments to the City Council. In PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 7 this scenario, the following would occur: ▪ The State of Oregon’s restrictions on distance from schools and prohibition on locating psilocybin facilities in residential zones would apply at the licensing stage and be regulated by the state. ▪ The city would apply existing zoning code regulations to the various uses assoc iated with psilocybin facilities. ▪ The city would apply additional operational standards included in these amendments. The staff recommendation to Planning Commission is to implement Option 1 and forward a “do not adopt” recommendation to Council. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY In November 2020, Oregon voters passed Measure 109, which directs the Oregon Health Authority (OHA) to license and regulate psilocybin products and the provision of psilocybin services. L icensing is planned to begin in early 2023. The amendments under consideration would provide additional local regulations on the manufacturing, storage, testing, and distribution of psilocybin and psilocybin products. The regulations would determine wher e these facilities could be located within the city, as well as operational aspects such as hours of operation. These regulations would duplicate some state requirements. Psilocybin Psilocybin is a naturally occurring psychedelic compound. It is found in over 200 species of fungi (mushrooms). For centuries Indigenous and Tribal communities around the world have used psilocybin for spiritual, ceremonial, and other purposes. Psilocybin services will soon be an option in Oregon. However, psilocybin is still a Schedule I substance under the Federal Controlled Substances Act. Oregon is the first state in the U.S. to create a regulatory framework for psilocybin services. In Oregon, “psilocybin services” refers to preparation, administration , and integration sessions provided by a licensed facilitator. The psilocybin products consumed must be cultivated or produced by a licensed psilocybin manufacturer and may only be provided to a client at a licensed psilocybin service center during an administration session. Psilocybin services will be available to people aged 21 or older and will not require a prescription or medical referral. People accessing psilocybin services are called “clients”. Regulation by the Oregon Health Authority The primary regulatory authority for psilocybin facilities will be Oregon Psilocybin Services (OPS), which is a division of the Oregon Health Authority (OHA). The OPS must have rules in place by December 31, 2022. The state will begin taking license applications on J an. 2, 2023. Certain requirements must be met by all state licensees: • Psilocybin facilities must be located at least 1,000 feet from any public or private K -12 school. • Psilocybin facilities are prohibited in exclusively residential zones. The City of Tigard may adopt additional time, place, and manner restrictions through its Community Development Code (CDC). PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 7 The proposed amendments to the Tigard CDC include the state’s requirements and add two others: • Psilocybin facilities may not be operated as a home occupation. • Psilocybin facilities other than manufacturing facilities are prohibited from operating between 7:00 pm and 7:00 am daily. Alternatives As outlined above, the City could instead opt to treat these facilities the same as any other manufacturing , storage, distribution, and professional services use without any additional restrictions other than those imposed by the State of Oregon. Summary of Code Changes The code changes associated with this project are minimal. They are focused on providing definitions and standards for psilocybin facilities. Chapter 18.30 Definitions This chapter was updated to include new terms related to psilocybin facilities. Chapter 18.430 Marijuana And Psilocybin Facilities This chapter was updated with a new title and to include standards for psilocybin facilities. Some language was rewritten for clarity. 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 requireme nt for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents . FINDING: An online public comment site was established to solicit community input on the draft regulations. Notice was sent to affected government agencies by email on October 5, 2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on October 20, 2022. 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. This goal is satisfied. Statewide Planning Goal 2 – Land Use Planning: This goal outlines the land use planning process and policy framework. PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 7 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 pro cess 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 , and the intent of these amendments are to meet the requirement of state law, administrative rules, and the Statewide Planning Goals . This goal is satisfied. CONCLUSION: Based on the findings above and the related findings bel ow, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. 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 ad dress 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 appro priate role for citizens in each phase of the land use planning process. FINDING: An online public comment site was established to solicit community input on the draft regulations. Notice was sent to affected government agencies by email on October 5, 2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on October 20, 2022. 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. 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. 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 amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 7 Policy 2.1.3: The City shall coordinate the adoption, amendment, and im plementation 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 was invited to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) 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 2.1.4: The City’s land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs . FINDING: The proposed text amendments promote efficient use of land by ensuring that adequate distance is maintained between psilocybin facilities and other uses with which they may conflict. Further, these uses are not projected to be space -intensive and will generate an efficient level of economic activity per acre of land used. This policy is satisfied. Policy 2.1.6: The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community’s social and fiscal stability. FINDING: The proposed text amendments allow for economic activity involving psilocybin facilities, a use that was approved by a majority of voters in the State of Oregon and in the City of Tigard. These facilities will be part of a diversified local economy providing elective services and generating local economic activ ity. This policy is satisfied. Policy 2.1.11: The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities . FINDING: The proposed text amendments provide for adequate buffering between psilocybin facilities and other uses with which they may conflict and cause safety or other concerns. This policy is satisfied. Policy 2.1.23: The City shall require new development, in cluding public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. FINDING: The proposed text amendments provide for adequate buffering between psilocybin facilities and other uses with which they may conflict. This policy is satisfied. Policy 2.1.24: The City shall establish design sta ndards to promote quality urban development and to enhance the community’s value, livability, and attractiveness. FINDING: The proposed amendments will promote quality urban development and enhance livability by providing additional time, place, and manner restrictions that will govern the locatio n and operating hours of psilocybin facilities. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 7 Section 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments A. Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature . Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in Section 18.710.110 . This procedure requires public hearings by both the Planning Commission and City Council. Public hearings were conducted on November 7, 2022, and December 6, 2022. This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro’s Urban Growth Management Functional Plan and any other regional plans. FINDING: Findings and conclusions are provided throughout Section IV above, for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed amendment s 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 ; applicable Oregon Administrative Rules; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City’s implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego , City of Tualatin, City of King City, Washington County, TVF&R, METRO, DLCD, DEQ, CWS, and OR Dept. of Aviation were notified of the proposed code text amendment s. No comments were received. SECTION VI. PUBLIC COMMENTS No public comments have been received to date. PSILOCYBIN FACILITY STANDARDS DCA2022-00004 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 7 ATTACHMENTS: Attachments: 1. Draft Text Amendments – strikethrough with commentary 2. Draft Text Amendments – clean 3. Agency Comments October 31, 2022 PREPARED BY: Schuyler Warren DATE Senior Planner October 31, 2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director Psilocybin Facilities Project Strikethrough November 7, 2022 Commentary General Notes Text shown in strikethrough is to be removed. Text shown in bold, italic, and underlined is to be added. Chapter 18.430 MARIJUANA AND PSILOCYBIN FACILITIES 18.430.010 Purpose The purpose of this chapter is to provide apply specific development locational and operational standards for to marijuana facilities that produce, process, store, test, distribute, or sell marijuana or psilocybin products, in order to: A. Protect the general health, safety, property, and welfare of the public; B. Balance the right of individuals to produce and access marijuana , psilocybin, and marijuana the derivatives thereof, consistent with state law, with the need to minimize adverse impacts to nearby properties that may result from the production, processing, storage, testing, distribution, sale, or use of these products marijuana and derivatives; C. Prevent or reduce criminal activity that may result in harm to persons or property; D. Prevent or reduce diversion of state-licensed controlled substancesmarijuana and marijuana derivatives to minors; and E. Minimize impacts to the city’s public safety services by redu cing calls for service. 18.430.020 Applicability A. Relationship to other standards. The regulations within this chapter are in addition to all other the applicable development standards in this Title chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. Sites within overlay zones, plan districts, inventoried hazards, or sensitive lands are subject to additional regulations. Specific uses or development types may also be subject to regulations as provided elsewhere in this title. B. When provisions apply. The provisions of this chapter apply to all marijuana or psilocybin facilities requiring a state license or registration and public places of assembly where these products or their derivatives are marijuana is consumed. 18.430.030 Approval Process and Documentation A. Approval process. Marijuana or psilocybin facility applications are processed through a Type I procedure, as provided in Section 18.710.050. B. Documentation. The following provisions apply at the time of minimum compliance review or a request for enforcement: 1. When processing a minimum compliance review, the city may accept an evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed development will meet the off-site odor impact standard. The evaluation and explanation must provide a description of the use or activity, equipment, processes, and the mech anisms, or equipment used to avoid or mitigate off-site impacts. 2. If the city does not have the equipment or expertise to measure and evaluate a specific complaint regarding off -site impacts, it may request assistance from another agency or may contract with an independent expert to perform the necessary measurements. The city may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source. 18.430.040 Approval Criteria The approval authority will approve or approve with conditions a marijuana or psilocybin facility application when all of the following criteria standards in Section 18.430.050 are met. A. The proposed use complies with all applicable location and operation standards in Section 18.430.050; B. If the proposal includes new or modified buildings or site improvements, the applicant has obtained the required land use approvals or submitted the re quired land use applications concurrently with their marijuana or psilocybin facility application; and C. If the proposal includes a marijuana facility, the applicant provided a statement from a registered engineer or architect that adequately describes h ow the proposed use will meet the off -site odor standard, including a description of the proposed use, its operating characteristics, and the equipment or procedures that will prevent off-site odors. 18.430.050 Development Location and Operation Standards A. The proposed development must comply with all applicable state requirements and requirements of this title. A. Marijuana facility standards. 1 B. Marijuana facilities The proposed development must meet all of the following site location standardsrestrictions. All distances are measured at the closest property lines between the proposed site and the nearest lot containing the specified use or characteristic. a 1. Marijuana facilities are prohibited within the MU-CBD and TMU zones. b 2. Marijuana facilities are prohibited within 1,000 feet of a public or private elementary school, secondary school, or career school attended primarily by minors. c 3. Marijuana facilities operating as Sales-Oriented Retail or and Wholesale Sales uses open to the public must comply with the followingare subject to the following restrictions: i a. Marijuana facilities The use must be located on a lot with frontage along Pacific Highway (Oregon Route 99W), and with primary entrances clearly visible from the Pacific Highway right - of-way; ii b. Marijuana facilities are prohibited within 1,000 feet of another state-licensed retail or wholesale marijuana facility within or outside of city limits; and iii c. Marijuana facilities are prohibited within 500 feet of a public library or the Parks and Recreation zone. d 4. Marijuana facilities operating as uses other than Sales-Oriented Retail or Non-retail uses and Wholesale Sales uses not open to the public are prohibited within 500 feet of one or more of the following zones or facilities: i a. Residential zone; ii b. Parks and Recreation zone; or iii c. Public library. 2 C. Hours of commercial operation Marijuana facilities are prohibited from operating limited to the hours between the hours of 7:00 am and 10:00 pm and 7:00 am. General Industrial uses that are not open to the public with no on-site retail activity are exempt from this prohibition restriction. 3 D. Marijuana facilities The proposed development must be located inside a building and may not be located within a trailer, shipping or container, cargo container, tent, or motor vehicle. Outdoor storage of merchandise, plants, or other materials associated with the operation is prohibited. 4 E. Parking lots, primary entrances, and exterior walkways for marijuana facilities must be illuminated with downward-facing security lighting to provide after-dark visibility to employees and patrons. Lighting Ffixtures must be located so that light patterns overlap at a height of 7 feet with a minimum illumination level of 1.0 footcandles at the darkest spot on the ground surface. 5 F. Drive-through marijuana facilities are prohibited. 6 G. The proposed development must confine aAll marijuana odors and other objectionable odors to levels originating from the marijuana facility must be undetectable at the property line. 7 H. Marijuana or marijuana products must not be visible from the exterior of the building or structure. B. Psilocybin facility standards. 1. Psilocybin facilities must meet all of the following location standards. All distances are measured at the closest property lines between the proposed site and the nearest lot containing the specified zone or use. a. Psilocybin facilities are prohibited within 1,000 feet of a public or private elementary school, secondary school, or career school attended primarily by minors. b. Psilocybin facilities are prohibited in residential zones or as a Home Occupation. c. Psilocybin facilities operating as uses other than Office uses are prohibited within 500 feet of any residential zone. 2. Psilocybin facilities are prohibited from operating between the hours of 7:00 pm and 7:00 am. General Industrial uses that are not open to the public are exempt from this prohibition. 3. Psilocybin facilities must be located inside a building and may not be located within a trailer, shipping or cargo container, tent, or motor vehicle. Outdoor storage of materials is prohibited. ■ Omnibus Amendments 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type ADU Accessory Dwelling Unit 18.220 I MIS Adequate Public Facilities Exception (inside River Terrace) 18.640 II ADJ Adjustment - Inside River Terrace Plan District - Inside Downtown Tigard Plan District - Inside TMU zone - Citywide 18.640 18.650 18.660 18.715 II ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown Development Review 18.650 I, II (N/A) Extension 18.745 I, II MIS Historic Resource Designation or Alteration 18.750 II, III-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana or Psilocybin Facility Permit 18.430 I MMD Modification 18.765 Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type - Minor - Major I II PDR Planned Development 18.770 II, III-PC SLR Sensitive Lands Review 18.510 I, II, III-HO SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II SBP Sublot Plat 18.840 II-Modified TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU zone) 18.660 II UFR Urban Forestry Plan Modification or Discretionary Review 18.420 I, III-HO, III- PC ZON Zoning Map Amendment - Quasi-Judicial (site specific) - Legislative (citywide) 18.790 III-PC, III-Modified, Legislative Psilocybin Facilities Project Clean Code without Omnibus November 7, 2022 Chapter 18.430 MARIJUANA AND PSILOCYBIN FACILITIES 18.430.010 Purpose The purpose of this chapter is to provide locational and operational standards for facilities that produce, process, store, test, distribute, or sell marijuana or psilocybin products, in order to: A. Protect the general health, safety, property, and welfare of the public; B. Balance the right of individuals to produce and access marijuana, psilocybin, and the derivatives thereof, consistent with state law, with the need to minimize adverse impacts to nearby properties that may result from the production, processing, storage, testing, distribution, sale, or use of these products; C. Prevent or reduce criminal activity that may result in harm to persons or property; D. Prevent or reduce diversion of state-licensed controlled substances to minors; and E. Minimize impacts to the city’s public saf ety services by reducing calls for service. 18.430.020 Applicability A. Relationship to other standards. The regulations within this chapter are in addition to all other applicable development standards in this Title. B. When provisions apply. The provisions of this chapter apply to all marijuana or psilocybin facilities requiring a state license or registration and public places of assembly where these products or their derivatives are consumed. 18.430.030 Approval Process Marijuana or psilocybin facility applications are processed through a Type I procedure, as provided in Section 18.710.050. 18.430.040 Approval Criteria The approval authority will approve or approve with conditions a marijuana or psilocybin facility application when all of the following criteria are met. A. The proposed use complies with all applicable location and operation standards in Section 18.430.050; B. If the proposal includes new or modified buildings or site improvements, the applicant has obtained the required land use approvals or submitted the re quired land use applications concurrently with their marijuana or psilocybin facility application; and C. If the proposal includes a marijuana facility, the applicant provided a statement from a registered engineer or architect that adequately describes h ow the proposed use will meet the off-site odor standard, including a description of the proposed use, its operating characteristics, and the equipment or procedures that will prevent off -site odors. 18.430.050 Location and Operation Standards A. Marijuana facility standards. 1. Marijuana facilities must meet all of the following location standards. All distances are measured at the closest property lines between the proposed site and the nearest lot containing the specified use. a. Marijuana facilities are prohibited within the MU-CBD and TMU zones. b. Marijuana facilities are prohibited within 1,000 feet of a public or private elementary school, secondary school, or career school attended primarily by minors. c. Marijuana facilities operating as Sales-Oriented Retail or Wholesale Sales uses open to the public must comply with the following: i. Marijuana facilities must be located on a lot with frontage along Pacific Highway (Oregon Route 99W), and with primary entrances clearly visible from the Pacific Highway right -of-way; ii. Marijuana facilities are prohibited within 1,000 feet of another state-licensed retail or wholesale marijuana facility within or outside of city limits; and iii. Marijuana facilities are prohibited within 500 feet of a public library or the Parks and Recreation zone. d. Marijuana facilities operating as uses other than Sales -Oriented Retail or Wholesale Sales uses open to the public are prohibited wit hin 500 feet of one or more of the following zones or facilities: i. Residential zone; ii. Parks and Recreation zone; or iii. Public library. 2. Marijuana facilities are prohibited from operating between the hours of 10:00 pm and 7:00 am. General Industrial uses that are not open to the public are exempt from this prohibition. 3. Marijuana facilities must be located inside a building and may not be located within a trailer, shipping or cargo container, tent, or motor vehicle. Outdoor storage of materials associated with the operation is prohibited. 4. Parking lots, primary entrances, and exterior walkways for marijuana facilities must be illuminated with downward -facing security lighting to provide after-dark visibility to employees and patrons. Lighting fixtures must be located so that light patterns overlap at a height of 7 feet with a minimum illumination level of 1.0 footcandles at the darkest spot on the ground surface. 5. Drive-through marijuana facilities are prohibited. 6. All marijuana odors and other objectionable odors originating from the marijuana facility must be undetectable at the property line. 7. Marijuana or marijuana products must not be visible from the exterior of the building or structure. B. Psilocybin facility standards. 1. Psilocybin facilities must meet all of the following location standards. All distances are measured at the closest property lines between the proposed site and the nearest lot containing the specified zone or use. a. Psilocybin facilities are prohibited within 1,000 feet of a public or private elementary school, secondary school, or career school attended primarily by minors. b. Psilocybin facilities are prohibited in residential zones or as a Home Occupation. c. Psilocybin facilities operating as uses other than Office uses are prohibited within 500 feet of any residential zone. 2. Psilocybin facilities are prohibited from operating between the hours of 7:00 pm and 7:00 am. General Industrial uses that are not open to the public are exempt from this prohibition. 3. Psilocybin facilities must be located inside a building and may not be located within a trailer, shipping or cargo container, tent, or motor vehicle. Outdoor storage of materials is prohibited. ■ PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 1 OF 7 RECOMMENDATION AND FINDINGS OF THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: PARKING REFORM COMPLIANCE PROJECT CASE NO.: Development Code Amendment (DCA) DCA2022-00005 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) to remove minimum parking requirements in order to comply with the Climate Friendly and Equitable Communities Rules (OAR 660-012- 0400). The proposed text amendments 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); Oregon Administrative Rules 660-012-0400; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.24; and Tigard Development Code Chapters 18.710 and 18.790. SECTION II. PLANIING COMMISSION RECOMMENDATION The Planning Commission recommends the City Council adopt the proposed amendments, to include technical edits provided by Vice President Jackson, and with any alterations as determined appropriate by the City Council through the public hearing process. PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 2 OF 7 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY The Parking Reform Compliance project will bring the City of Tigard into compliance with the provisions of the Climate Friendly and Equitable Communities (CFEC) rules adopted by the State of Oregon’s Land Conservation and Development Commission on July 25, 2022. These rules were developed in consultation with a broad group of stakeholders including city staff, over the course of two years. The rulemaking process began after Governor Kate Brown issued Executive Order 20-04 in the spring of 2020, directing state agencies to reduce greenhouse gas emissions across the state. As part of this order, the Department of Land Conservation and Development was charged with updating the state's Transportation Planning Rule and other administrative rules to reduce the emissions caused by transportation and land use patterns. Currently, the transportation sector accounts for more than a quarter of greenhouse gas (GHG) emissions nationwide, and more than 40 percent of emission in Oregon. Despite the efforts to reduce the carbon impact of the state's transportation system over the past two decades, emissions have grown annually. The CFEC rules are intended to start the state down the road of addressing the climate emergency and issues of equity. They are focused on two primary areas of reform. The first, and by far the most expansive, is an overhaul of the way that long-range transportation planning is conducted, and the types of projects that should be prioritized in that planning. The second area of reform, though smaller in scope, is no less important to meeting the state’s GHG reduction targets. This area is related to land use planning for vehicle parking. Most development codes across the country mandate off-street parking for uses and development. One of the issues is that the standards for these parking mandates are based on flawed or outdated analyses of actual parking need. An increasing number of cities of all sizes across the country are recognizing the impact of these mandates on their climate goals and urban form and removing all parking requirements from their development codes. This does not eliminate parking, just a government mandate for parking. Multiple case studies have shown that the market is well-suited to provide the parking that is appropriate to development without mandates. The City of Tigard has its own case study for this outcome in the Tigard Triangle, where the Lean Code adopted in 2017 removed all minimum parking requirements. Since that time, development in the Triangle has continued apace, with adequate parking provided. The state’s requirements related to parking are one of the most time-constrained elements of the new administrative rules. These mandated parking reforms are required to be adopted in two phases—one by December 31, 2022, and the other by June 30, 2023. In September, the Community Development team briefed the Planning Commission and the City Council on the rules and their requirements related to parking reform. Under the rules, the City has three options for meeting the requirements for parking reform. 1. Remove all minimum parking requirements. 2. Remove minimum parking requirements in certain geographies and for certain uses. 3. Remove minimum parking requirements in certain geographies and adopt parking programs. PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 3 OF 7 An analysis by the Community Development team found that Option 2 would require the removal of minimum parking requirements in 62 percent of the city, including all the mixed-use zones, most of the Industrial zones, and all but a small section of the General Commercial zone. The portion of the city where minimum parking requirements could be applied would be almost exclusively residential areas. However, even within these areas, certain minimum parking requirements could not be applied to a variety of housing types. Option 3 would require extensive administrative investment to create and manage ongoing parking reform programs. The Community Development team has confidence that removing minimum parking requirements will have no significant long-term impact on the provision of parking based on the precedents in other communities. Moreover, maintaining minimum parking requirements runs counter to the city’s stated vision and goals centered on climate change, health, and walkability. Therefore, the recommendation to Planning Commission and City Council was to pursue Option 1. Planning Commission concurred with a unanimous vote at their November 7 hearing. At a previous briefing, a majority of City Council members also directed staff to develop code amendments to effectuate this option. Summary of Code Changes The code changes associated with this project are minimal. They are focused almost exclusively on excising language related to minimum parking requirements from the development code. There are a few changes in the omnibus that address issues with the mobile home parks chapter and fix an issue in a table. Chapter 18.410 Off-Street Parking and Loading This chapter was updated to remove all standards related to minimum parking requirements. In addition, it was restructured to better organize the standards, and a new purpose statement was written to reflect the updated goals and vision of the chapter and allow for better findings to adjustments to the standards. Division 18.200 Residential Development Standards Division 18.300 Residential Development Standards Division 18.600 Plan Districts The chapters in these divisions were updated to remove references to minimum parking requirements and correct references to Chapter 18.410. Chapter 18.260 was updated to remove requirements that are better handled through nuisance code enforcement or that were not clear and objective. Chapter 18.710 Land Use Applications A table was updated to remove an instance where an ADU application type was erroneously not removed in the previous Housing Compliance project. Chapter 18.765 Modifications This chapter was updated to remove references to modifications for minimum parking requirements. PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 4 OF 7 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: The Department of Land Conservation and Development conducted a comprehensive public engagement process for the CFEC rulemaking project. This project brings the city’s development code into compliance with those administrative rules and the associated state law. Notice was sent to affected government agencies by email on October 5, 2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on October 20, 2022. Two public hearings were held one before the Planning Commission on November 7 and one before the City Council on December 13, at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2 – Land Use Planning: 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, and the intent of these amendments are to meet the requirements of state law, administrative rules, and the Statewide Planning Goals. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, the Planning Commission concludes the proposed code amendments are consistent with applicable Statewide Planning Goals. OREGON ADMINISTRATIVE RULES CHAPTER 660 DIVISION 12 The new rules in Section 400 of this division require that “Cities and counties shall remove parking mandates as directed under OAR 660-012-0420. In lieu of removing parking mandates, cities and counties may amend their comprehensive plans and land use regulations to implement the provisions of OAR 660-012-0425, OAR 660- 012-0430, OAR 660-012-0435, OAR 660-012-0440, OAR 660-012-0445, and OAR 660-012-0450” FINDING: The code amendments proposed remove all minimum parking requirements from the City of Tigard’s Community Development Code as required by OAR 660-012-0400. This Administrative Rule is satisfied. PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 5 OF 7 CONCLUSION: Based on the findings above and the related findings below, the Planning Commission concludes that the proposed code amendments are consistent with the applicable Oregon Administrative Rules. 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: The Department of Land Conservation and Development conducted a comprehensive public engagement process for the CFEC rulemaking project. This project brings the city’s development code into compliance with those administrative rules and the associated state law. Notice was sent to affected government agencies by email on October 5, 2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on October 20, 2022. Two public hearings were held one before the Planning Commission on November 7 and one before the City Council on December 13, at which an opportunity for public input is provided. This goal 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 establish a clear policy direction for the approval of housing types. 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 amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. 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 was invited PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 6 OF 7 to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) 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 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community’s value, livability, and attractiveness. FINDING: The proposed amendments further the City’s goal to increase health and walkability. Standards for street-facing facades ensure that the pedestrian realm remains attractive and that parking structures do not present blank walls to the street. The proposed standards ensure that the City’s goals and the state requirements are simultaneously met. This policy is satisfied. CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed code 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 A. Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in Section 18.710.110. This procedure requires public hearings by both the Planning Commission and City Council. Public hearings were conducted on November 7, 2022, and December 13, 2022. This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro’s Urban Growth Management Functional Plan and any other regional plans. FINDING: Findings and conclusions are provided throughout Section IV above, for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, the Planning Commission concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; applicable Oregon Administrative Rules; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City’s implementing ordinances. SECTION V. AGENCY COMMENTS PARKING REFORM COMPLIANCE DCA2022-00005 12/13/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 7 OF 7 City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, TVF&R, METRO, DLCD, DEQ, CWS, and OR Dept. of Aviation were notified of the proposed code text amendments and to date, have not provided any comments. The Department of Land Conservation and Development submitted written comments. Those comments are included in Attachment 2. SECTION VI. PUBLIC COMMENTS No public comments have been received to date. ATTACHMENTS: Attachments: 1. Draft Text Amendments 2. Agency Comments November 21, 2022 PREPARED BY: Schuyler Warren DATE Senior Planner November 21, 2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director November 21, 2022 APPROVED BY: Yi-Kang Hu DATE Planning Commission President PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 7 Agenda Item: # 1 Hearing Date: November 7, 2022 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: PARKING REFORM COMPLIANCE PROJECT CASE NO.: Development Code Amendment (DCA) DCA2022 -00005 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Community Development Code (TCDC) to remove minimum parking requirements in order to comply with the Climate Friendly and Equitable Communities Rules (OAR 660 -012- 0400). The proposed text 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); Oregon Administrative Rules 660 -012-0400; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.24; and Tigard Development Code Chapters 18.710 and 18.790. SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed amendments (Attachment 1) with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 7 SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY The Parking Reform Compliance project will bring the City of Tigard into compliance with the provisions of the Climate Friendly and Equitable Communities (CFEC) rules adopted by the State of Oregon’s Land Conservation and Development Commission on July 25, 2022. These rules were developed in consultation with a broad group of stakeholders including city staff, over the course of two years. The rulemaking process began after Governor Kate Brown issued Executive Order 20 -04 in the spring of 2020, directing state agencie s to reduce greenhouse gas emissions across the state. As part of this order, the Department of Land Conservation and Development was charged with updating the state's Transportation Planning Rule and other administrative rules to reduce the emissions caus ed by transportation and land use patterns. Currently, the transportation sector accounts for more than a quarter of greenhouse gas (GHG) emissions nationwide, and more than 40% of emission in Oregon. Despite the efforts to reduce the carbon impact of the state's transportation system over the past two decades, emissions have grown annually. The CFEC rules are intended to start the state down the road of addressing the climate emergency and issues of equity. They are focused on two primary areas of reform . The first, and by far the most expansive, is an overhaul of the way that long -range transportation planning is conducted, and the types of projects that should be prioritized in that planning. The second area of reform, though smaller in scope, is no less important to meeting the state’s GHG reduction targets. This area is related to land use planning for vehicle parking. Most development codes across the country mandate off -street parking for uses and development. One of the issues is that the standa rds for these parking mandates are based on flawed or outdated analyses of actual parking need. An increasing number of cities of all sizes across the country are recognizing the impact of these mandates on their climate goals and urban form and removing all parking requirements from their development codes. This does not eliminate parking, just a government mandate for parking. Multiple case studies have shown that the market is well-suited to provide the parking that is appropriate to development without mandates. The City of Tigard has its own case study for this outcome in the Tigard Triangle, where the Lean Code adopted in 2017 removed all minimum parking requirements. Since that time, development in the Triang le has continued apace, with adequate park ing provided. The state’s requirements related to parking are one of the most time -constrained elements of the new administrative rules. These mandated parking reforms are required to be adopted in two phases - one by December 31, 2022, and the other by J une 30, 2023. In September, the Community Development team briefed the Planning Commission and the City Council on the rules and their requirements related to parking reform. Under the rules, the City has three options for meeting the requirements for pa rking reform. 1. Remove all minimum parking requirements. 2. Remove minimum parking requirements in certain geographies and for certain uses. 3. Remove minimum parking requirements in certain geographies and adopt parking programs. PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 7 An analysis by the Community Development team found that Option 2 would require the removal of minimum parking requirements in 62% of the city, including all the mixed-use zones, most of the Industrial zones, and all but a small section of the General Comm ercial zone. The portion of the city where minimum parking requirements could be applied would be almost exclusively residential areas. However, even within these areas, certain minimum parking requirements could not be applied to a variety of housing type s. Option 3 would require extensive administrative investment to create and manage ongoing parking reform programs. The Community Development team has confidence that removing minimum parking requirements will have no significant long -term impact on the provision of parking based on the precedents in other communities. Moreover, maintaining minimum parking requirements runs counter to the city’s stated vision and goals centered on climate change, health, and walkability. Therefore, the recommendation to Planning Commission and City Council was to pursue Option 1. Planning Commission concurred and a majority of Council members directed staff to develop code amendments to effectuate this option. Summary of Code Changes The code changes associated with this project are minimal. They are focused almost exclusively on excising language related to minimum parking requirements from the development code. There are a few changes in the omnibus that address issues with the mobile home parks chapter and fix an issue in a table. Chapter 18.410 Off-Street Parking and Loading This chapter was updated to remove all standards related to minimum parking requirements. In addition, it was restructured to better organize the standards, and a new purpose statement was written to reflect the updated goals and vision of the chapter and allow for better findings to adjustments to the standards. Division 18.200 Residential Development Standards Division 18.300 Residential Development Standards Division 18.600 Plan Districts The chapters in these divisions were updated to remove references to minimum parking requirements and correct references to Chapter 18.410. Chapter 18.260 was updated to remove requirements that are better handled through nuisance code enforcement or that were not clear and objective. Chapter 18.710 Land Use Applications A table was updated to remove an instance where an ADU application type was erroneously not removed in the previous Housing Compliance project. Chapter 18.765 Modifications This chapter was updated to remove references to modifications for minimum parking requirements. PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 7 SECTION IV. APPLICABLE CRITERIA, FINDINGS, AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans an d 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: The Department of L and Conservation and Development conducted a comprehensive public engagement process for the CFEC rulemaking project. This project brings the city’s development code into compliance with those administrative rules and the associated state law. Notice was sent to affected government agencies by email on October 5, 2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on October 20, 2022. 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. This goal is satisfied. Statewide Planning Goal 2 – Land Use Planning: 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 consisten t 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 app licable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment , and the intent of these amendments are to meet the requirement s of state law, administrative rules, and the Statewide Planning Goals . This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. OREGON ADMINISTRATIVE RULES CHAPTER 660 DIVISION 12 The new rules in Section 400 of this division require that “Cities and counties shall remove parking mandates as directed under OAR 660-012-0420. In lieu of removing parking mandates, cities and counties may ame nd their comprehensive plans and land use regulations to implement the provisions of OAR 660 -012-0425, OAR 660- 012-0430, OAR 660-012-0435, OAR 660 -012-0440, OAR 660-012-0445, and OAR 660-012-0450” FINDING: The code amendments proposed remove all minimum parking requirements from the City of Tigard’s Community Development Code as required by OAR 660 -012-0400. This Administrative Rule is satisfied. PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 7 CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with the applicable Oregon Administrative Rules. 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: The Department of Land Conservation and Development conducted a comprehensive public engagement process for the CF EC rulemaking project. This project brings the city’s development code into compliance with those administrative rules and the associated state law. Notice was sent to affected government agencies by email on October 5, 2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on October 20, 2022. 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. 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 establish a clear policy direction for the approval of housing types. 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 amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. 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 was invited to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 7 proposed amendments. This policy is satisfied. Policy 2.1.24: The City shall establish design sta ndards to promote quality urban development and to enhance the comm unity’s value, livability, and attractiveness. FINDING: The proposed amendments further the City’s goal to increase health and walkability. Standards for street-facing facades ensure that the pedestrian realm remains attractive and that parking structures do not present blank walls to the street. The proposed standards ensure that the City’s goals and the state requirements are simultaneously met. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code tex t amendment is 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 A. Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature . Therefore, the amendment will be reviewed under the Type IV legislative procedur e as set forth in Section 18.710.110 . This procedure requires public hearings by both the Planning Commission and City Council. Public hearings were conducted on November 7, 2022, and December 13, 2022. This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro’s Urban Growth Management Functional Plan and any other regional plans. FINDING: Findings and conclusions are provided throughout Section IV above, for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed amendment s 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 ; applicable Oregon Administrative Rules; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City’s implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego , City of Tualatin, City of King City, Washington County, TVF&R, METRO, DLCD, DEQ, CWS, and OR Dept. of Aviation were notified of the proposed code text amendment s. PARKING REFORM COMPLIANCE DCA2022-00005 11/7/2022 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 7 The Department of Land Conservation and Development submitted written comments. Those comments are included in Attachment 2. SECTION VI. PUBLIC COMMENTS No public comments have been received to date. ATTACHMENTS: Attachments: 1. Draft Text Amendments – strikethrough with commentary 2. Draft Text Amendments – clean 3. Agency Comments October 31, 2022 PREPARED BY: Schuyler Warren DATE Senior Planner October 31, 2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director Parking Compliance Project Strikethrough with Commentary November 7, 2022 Commentary General Notes Text shown in strikethrough is to be removed. Text shown in bold, italic, and underlined is to be added. Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.010 Purpose The purpose of this chapter is to provide standards to ensure the following goals are met provision of vehicle parking areas that : A. Off-street vehicle parking and maneuvering areas should be: 1 A. Limited in scale, Have adequate capacity, 2 B. Appropriately located to increase safety and minimize conflicts with non-motorized vehicles and pedestrians , Are appropriately located in close proximity to the various uses for residents, customers, and employees , and 3 C. Adequately maintained, andMaintain the traffic-carrying capacity of nearby streets to minimize hazardous conditions. 4. Designed in a manner to mitigate heat island effects or generate sustainable power. B. Parking structures should: 1. Include pedestrian-friendly ground floor façades, and 2. Minimize conflicts at ingress and egress points. C. Off-street bicycle parking areas should be: 1. Sufficiently sized to meet the current and future needs of bicyclists, and 2. Located to ensure safety, reduce theft, and increase convenience. 18.410.020 Applicability Commentary Chapter 18.410 Off-Street Parking and Loading A new purpose statement was written with the intent of separating out the goals for each of the three different parking situations covered by this chapter. This will help to better explain the purpose of the code, but also allow for better findings for adjustments, which rely on the purpose statement. A. Applicability. The provisions of this chapter apply to all new development and all modifications to existing development, including changes of use, unless stated otherwise. B. Unlisted uses. Where a use in not listed in Table 18.410.3, a use determination may be requested as provided in Section 18.60.030 for the purposes of determining the maximum vehicle parking and minimum bicycle parking standards of this chapter. 18.410.030 General Provisions A. Location. Required off-street parking must be located on the same lot as the use it serves, except where an on-street credit has been granted through the provisions of Section 18.410.090. B. Maintenance. All parking areas must be kept clean and in good repair at all times. C. Exclusive use. Except for shared parking agreements appro ved through a land use application, required off-street parking must not be rented, leased, or assigned to any other person or organization. D. Mixed-use and multi-tenant developments. In mixed-use and multi-tenant developments, the required minimum vehicle parking is determined using the following formula: 1. The use category with the largest proportion of total floor area within the development must provide 100 percent of the minimum vehicle parking required for that use category in Section 18.410.070; 2. The use category with the second largest proportion of total floor area within the development must provide 85 percent of the minimum vehicle parking required for that use category in Section 18.410.070; 3. The use category with the third largest proportion of total floor area within the development must provide 70 percent of the minimum vehicle parking required for that use category in Section 18.410.070; 4. All other use categories must provide 60 percent of the minimum vehicle parking required for each of those use categories in Section 18.410.070. Commentary Chapter 18.410 Off-Street Parking and Loading The language on unlisted uses was moved to this section from later in the code. Most of the general provisions were removed, as they apply to situations where there are minimum parking requirements. The provisions that were not removed were moved to other sections where they could be better applied. Maintenance in particular does not need to be here as it is covered by the nuisance code. E. Shared parking. The parking requirements of this chapter may be met through a shared parking agreement, subject to the following: 1. The applicant must demonstrate that the sites participating in the shared parking agreement provide sufficient and appropriately located parking for all uses on the sites during all periods of operation; 2. The applicant must provide satisfactory legal evidence in the form of deeds, leases, or contracts to establish the shared parking agreement; and 3. If a shared parking agreement is terminated, the requirements of this title thereafter apply to each use, structure, or lot separately. F. Accessible parking. All parking areas must include the required number of accessible parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulations and in compliance with ORS 447. G. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that empl oyee and fleet parking spaces are used interchangeably; for example, the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. 18.410.040030 General Design Vehicle Parking and Loading Standards A. Quantity. 1. The ratios for the maximum number of off-street vehicle parking spaces allowed are provided in Table 18.410.3, subject to the following: a. If application of the maximum parking standard results in less than six parking spaces for a development with less than 1,000 square feet of floor area, the development is allowed up to six parking spaces. b. If application of the maximum parking standard results in less than 10 vehicle parking spaces for a development between 1,000 and Commentary Chapter 18.410 Off-Street Parking and Loading The accessible parking provisions were moved to the vehicle parking and loading section. The quantity section was added here to mirror the way that the bicycle section is organized. 2,000 square feet, the development is allowed up to 10 vehicle parking spaces. c. If a development is approved with no specified use, the development must apply the maximum parking standard for the use category that would allow the fewest number of parking spaces, chosen from all the uses that could be contained within the building type (s). d. In mixed-use and multi-tenant developments, the maximum allowable vehicle parking is determined individually for each use. d. The following types of parking areas are not included when calculating the maximum number of vehicle parking spaces allowed: 1. Parking spaces contained in a parking structure; 2. Market-rate paid parking spaces; 3. Designated carpool or vanpool spaces; 4. Designated accessible parking spaces; 5. Fleet vehicle storage; and 6. Vehicle storage spaces for sale, lease, or rent. B. A. Vehicular access. Vehicular access to off-street vehicle parking or loading areas must meet the requirements of Chapter 18.920, Access, Egress, and Circulation and Chapter 18.930, Vision Clearance Areas. C. B. Pedestrian access. Paths that cross access driveways or that provide access to vehicle or bicycle parking areas are subject to the following: 1. Paths must be physically separated from motor vehicle traffic and parking and maneuvering areas by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are allowed for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used; 2. Paths must be a minimum of 4 feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts; and Commentary Chapter 18.410 Off-Street Parking and Loading 3. Paths must be in compliance with applicable federal and state accessibility standards. C. Loading and unloading driveways. Passenger loading and unloading areas must be designed such that vehicle stacking does not impact any public right -of-way. D. Drive-through facilities. 1. All uses with drive-through facilities must provide an on-site stacking lanes for inbound vehicles as provided in Table 18.410.1. Table 18.410.1 Stacking Lane Requirements Use Stacking Lane Requirement Banks 150 feet/service terminal Automated teller machines 50 feet/automated teller machine Cleaners, repair services 50 feet Restaurants 200 feet Drive-in theaters 200 feet Fueling stations 75 feet between curb cut and nearest fueling kiosk Car washes 75 feet/washing unit Parking facilities: - With automatic ticket dispensing 50 feet/entry driveway - With staffed ticket dispensing 100 feet/entry driveway - With valet or attendant parking 100 feet 2. Stacking lanes must be designed so that they do not interfere with off- street parking areas or with vehicle, pedestrian, and bicycle circulation. Restaurants with drive-through facilities must provide at least one clearly marked parking space per service window for the use of vehicles waiting for an order to be filled. E. Surfacing. Off-street parking areas must be paved with an asphalt, concrete, or pervious paving surface, except for with the following exceptions: Commentary Chapter 18.410 Off-Street Parking and Loading The loading driveways provision was combined with another and moved to later in this section This is a minimum parking requirement and so it was removed. 1. Off-street parking areas associated with a temporary use application, as provided in Chapter 18.440, Temporary Uses, provided the approval authority determines that unpaved parking will not create adverse conditions. 2. Off-street overflow parking areas in the Parks and Recreation zone. F. Striping. 1. Except for parking required for small form residential and accessory dwelling units, and individual spaces for rowhouses, all All off-street parking spaces must be clearly and separately identified with pavement markings or contrasting paving materials ; and, except for spaces provided with the following types of development: a. Small form residential; b. Detached accessory dwelling units; or c. Any other residential development where spaces are not grouped. 2. All interior vehicle drives and access aisles must be clearly marked and signed to show direction of flow. G. Wheel stops. Parking bumpers or wheel stops a minimum of four inches in height must be provided a minimum of three feet from the front of vehicle parking spaces wherever vehicles can encroach on a right-of-way or pedestrian path. Curbing may substitute for wheel stops if vehicles will not encroach into the minimum required width for landscape or pedestrian paths. H. Lighting. Lighting in parking areas must be provided that meets the following standards: 1. Parking areas must include lighting sufficient to illuminate a All pedestrian paths and bicycle parking areas in parking areas and providing access to parking areas must be illuminbated to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level. 2. Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface. 3. Parking area lLighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site. Commentary Chapter 18.410 Off-Street Parking and Loading This standard was reworded for clarity. The lighting provisions were made specific to vehicle parking areas and new lighting provisions were added to the bicycle parking stardards. I. Space and aisle dimensions. The minimum dimensional standards for surface parking spaces and drive aisles are provided in Figure 18.410.1 and Tab le 18.410.2. Figure 18.410.1 Parking Dimension Factors Table 18.410.2 Minimum Parking Space and Aisle Dimensions Angle (A) Stall Width (B) Curb Length (C) 1 Way Aisle Width (D) 2 Way Aisle Width (D) Stall Depth (E) 0° (Parallel) 8 ft. 22 ft. 6 in. 12 ft. 20 ft. 8 ft. 30° 8 ft. 6 in. 17 ft. 12 ft. 20 ft. 15 ft. 45° 8 ft. 6 in. 12 ft. 12 ft. 20 ft. 17 ft. 60° 8 ft. 6 in. 9 ft. 9 in. 16 ft. 20 ft. 17 ft. 6 in. 90° 8 ft. 6 in. 8 ft. 6 in. 20 ft. 20 ft. 16 ft. J. Accessible parking. Where off-street vehicle parking is provided, it must include the required number of accessible vehicle parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulations and in compliance with ORS 447. Commentary Chapter 18.410 Off-Street Parking and Loading This provision was moved from the general provisions. K. Loading areas. All off-street vehicle loading areas for passengers or goods must: 1. Include sufficient area for turning and maneuvering of vehicles on site. At a minimum, the maneuvering length must be at least twice the overall length of the longest vehicle using the site. 2. Be designed such that vehicle stacking does not impact any public right - of-way. 18.410.040 Parking Structure Standards A. First-story windows and wall openings. All street -facing facades of parking structures must include windows, doors, or display areas on a minimum of 20% of the first-story facade area excluding those portions of the facade devoted to vehicular access, stairwells, elevators, and centralized payment booths. Required windows must have a sill no more than four feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than two feet above finished floor wall up to a maximum sill height of six feet above grade. B. Exit warning bell. All exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided must provide an audible and visible signal for pedestrians when vehicles are exiting. C. Parking layout and internal circulation. The required space and aisle dimensions within a parking structure are provided i n Figure 18.410.1 and Table 18.410.2. 18.410.050 Bicycle Parking Design Standards A. Quantity. The minimum number of required bicycle parking spaces is provided in Table 18.410.3. If application of the minimum bicycle parking standard results in less than two spaces, then the development must provide at least two spaces. Small form residential, accessory dwelli ng units, cottage clusters, courtyard units, quads, and rowhouses are exempt from minimum bicycle parking standards. BA. Location. Commentary Chapter 18.410 Off-Street Parking and Loading This subsection combines two separate loading area standards into one. This section was moved to be next to the vehicle parking standards that it references. The quantity standard was moved to the beginning of this section. 1. Required bicycle parking must be located within 50 feet of a required or main entrance of a primary building; and, except that 2. Rrequired bicycle parking for mixed-use or nonresidential development that includes any vehicle parking within a parking structure must be covered and located within 100 feet of a required or main entrance of a primary building on the site if any required vehicle parking spaces are provided in a structure . CB. Design. 1. Bicycle racks must be designed to allow a bicycle frame to lock to it at two points of contact, except that spiral racks and wave racks with more than one loop are prohibited; 2. Bicycle racks must be securely anchored to the ground, wall, or ot her structure; 3. Bicycle parking spaces must be at least 2.5 feet in width and six feet in length and have an access aisle between each row of spaces that is at least five feet in width. Covered bicycle parking must provide a vertical clearance of seven feet; and 4. Bicycle parking spaces must be paved with a dust-free hard surface material. C. Quantity. The total number of required bicycle parking spaces for each use is provided in Table 18.410.3. If the minimum bicycle parking requirement as calculated in Table 18.410.3 is less than two spaces, then the minimum number of spaces is two. Small form residential, accessory dwelling units, cottage clusters, courtyard units, quads, and rowhouses are exempt from minimum bicycle parking standards. D. Lighting. Lighting must be provided that meets the following standards: 1. All bicycle parking areas and paths providing access to these areas must be illuminated to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level. 2. Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface. 3. Lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site. Commentary Chapter 18.410 Off-Street Parking and Loading Reworded for clarity. These lighting standards for bicycle parking were moved from the vehicle parking area standards. 18.410.060 Parking Structure Design Standards A. First-story windows and wall openings. All street-facing facades must include windows, doors, or display areas on a minimum of 20% of the first -story facade area excluding those portions of the facade devoted to vehicular access, stairwells, elevators, and centralized payment booths. Required windows must have a sill no more than four feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than two feet above finished floor wall up to a maximum sill height of six feet above grade. B. Exit warning bell. A warning bell or other signal must be provided for exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided. C. Parking layout and internal circulation. The required space and aisle dimensions within a parking structure are provided in Figure 18.410.1 and Table 18.410.2. 18.410.070060 Vehicle and Bicycle Parking Quantity Standards A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.410.3. If application of the maximum parking standard results in less than six parking spaces for a development with less than 1,000 square feet of floor area, the development is allowed up to six parking spaces. If application of the maximum parking standard results in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 square feet, the development is allowed up to 10 vehicle parking spaces. B. Choice of parking requirements. When a development is approved with no specified use, the use category for determining the minimum and maximum parking requirements is the use category that requires the greatest number of parking spaces, chosen from all uses that could be contained within the building type. C. Measurements. The following measurements are used in calculating the total minimum number of vehicle parking spaces required as provided in Table 18.410.3: Commentary Chapter 18.410 Off-Street Parking and Loading This section was moved earlier. Most of the requirements of this section were removed as most relate to minimum parking requirements. This was made specific to maximum parking and moved to the vehicle parking standards quantity subsection 1. Fractions. Fractional space requirements are counted as a whole space. 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises during the largest shift at the peak season. 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term. 4. Space. Square footage is floor area, excluding only space devoted to covered off-street parking or loading. D. Exceptions to maximum parking standards . The following types of parking are not included when calculating the maximum vehicle parking allowe d as provided in Table 18.410.3: 1. Parking spaces contained in a parking structure; 2. Market-rate paid parking spaces; 3. Designated carpool or vanpool spaces; 4. Designated accessible parking spaces; 5. Fleet vehicle storage; and 6. Vehicle storage spaces for sale, lease, or rent. E. Parking requirements for unlisted uses. If a use is not listed, a use determination may be requested as provided in Section 18.60.030. 18.410.080 Loading Standards All off-street loading spaces must have sufficient area for turning and maneuvering of vehicles on site. At a minimum, the maneuvering length may not be less than twice the overall length of the longest vehicle using the site. Commentary Chapter 18.410 Off-Street Parking and Loading This subsection was moved to the quantity subsection of the vehicle parking standards. This was combined with another loading standard in the vehicle parking section. 18.410.090 On-Street Parking Credit A. Applicability. The following uses may partially or fully meet off-street parking requirements using the on-street parking standards of this section: 1. Residential uses in the RES-B, RES-C, and RES-D zones; and 2. Religious Institutions. B. Credit. Each on-street parking space may substitute for one required off-street parking space. C. Standards. An on-street parking space utilized for this credit must meet the following standards: 1. On-street parking must be allowed on the side of the street where the space is to be provided. 2. The space must be a minimum of 24 feet long; 3. The space must be located along an improved and curbed right -of-way; 4. The space must be located adjacent to the subject site; 5. The space must not extend into the required vision clearance area as defined in Chapter 18.930, Vision Clearance Areas, and must not violate any other applicable street standard as determined by the City Engineer; and 6. If the use is a Religious Institution, local r esidential streets may not be utilized for on-street parking credit. D. No exclusive use. On-street parking spaces credited for a specific development or use may not be used exclusively by that development or use but must be available for the general public. Signs or actions limiting general public use of on -street spaces are prohibited. Commentary Chapter 18.410 Off-Street Parking and Loading On-street parking credits are no longer needed, as there are no minimum parking requirements. Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Residential Use Category Residential Use See applicable housing type development standards chapter in 18.200. The residential component of a mixed-use development must use the parking requirements for apartments. Civic/Institutional Use Categories Basic Utilities None None None Colleges 1.0/3.3 students/staff 1.0/3.3 students/staff 1.0/3.0 students/staff Community Services 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 3.5/1,000 4.5/1,000 1.0/1,000 Day Care Home: None Commercial: 2.7/1,000 Home: None Commercial: 3.2/1,000 Home: None Commercial: 1.5/classroom Emergency Services 3.5/1,000 4.5/1,000 0.5/1,000 Medical Centers 2.7/1,000 3.2/1,000 0.2/1,000 Postal Services 3.0/1,000 4.5/1,000 0.3/1,000 Religious Institutions 1.0/1.7 seats in main assembly area 1.0/1.3 seats in main assembly area 1.0/20 seats in main assembly area Schools Preschool: 7.0 + 1.0/classroom Preschool: 0.0 + 1.0/classroom Preschool: 1.0/classroom Elementary/JR: 6.0/classroom Commentary Chapter 18.410 Off-Street Parking and Loading The quantity standards table was updated to remove minimum parking requirements. Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Elementary/JR: 2.5/classroom SR: 1.0/3.3 students/staff Elementary/JR: 3.5/classroom SR: 1.0/3.3 students/staff SR: 6.0/classroom Social/Fraternal Clubs/Lodges 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area Temporary Shelter None None 1.0/5 beds Commercial Use Categories Adult Entertainment 3.5/1,000 1.0/1.25 seats 4.5/1,000 1.0/2 seats 0.5/1,000 1.0/20 seats Animal-Related Commercial 4.0/1,000 4.5/1,000 0.3/1,000 Bulk Sales 1.3/1,000 2.0/1,000 0.3/1,000 Commercial Lodging 1.2/room 1.4/room 1.0/10 rooms Custom Arts and Crafts 5.1/1,000 6.2/1,000 0.3/1,000 Eating and Drinking Establishments [2] Fast food: 12.4/1,000 Other: 19.1/1,000 Fast food: 14.9/1,000 Other: 23.0/1,000 All: 1.0/1,000 Indoor Entertainment 5.4/1,000 Theater: 1.0/2.5 seats 6.5/1,000 Theater: 1.0/2 seats 0.5/1,000 Theater: 1.0/10 seats Major Event Entertainment 1.0/2.5 seats or 1.0/2 seats or 1.0/10 seats Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum 1.0/5 ft of bench 1.0/4 ft of bench or 40 ft of bench Motor Vehicle Sales/Rental 1.3/1,000 but no less than 4 2.0/1,000 but no less than 4 0.2/1,000 sales area Motor Vehicle Servicing/Repair 2.3/1,000 but no less than 4 2.6/1,000 but no less than 4 0.2/1,000 Non-Accessory Parking None None None Office Non-medical: 3.4/1,000 Medical: 4.9/1,000 Non-medical: 4.1/1,000 Medical: 5.9/1,000 Non-medical: 0.5/1,000 Medical: 0.4/1,000 Outdoor Entertainment 4.5/1,000 5.0/1,000 0.4/1,000 Outdoor Sales 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Personal Services 3.0/1,000 Bank with drive-through: 5.4/1,000 4.5/1,000 Bank with drive-through: 6.5/1,000 All: 1.0/1,000 Repair-Oriented Retail 4.0/1,000 4.5/1,000 0.3/1,000 Sales-Oriented Retail 5.1/1,000 6.2/1,000 0.3/1,000 Self-Service Storage 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Vehicle Fuel Sales 4.0 + 2.0/service bay 4.0 + 2.5/service bay 0.2/1,000 Industrial Use Categories General Industrial None None 0.1/1,000 Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Heavy Industrial None None 0.1/1,000 Industrial Services 1.2/1,000 1.8/1,000 0.1/1,000 Light Industrial None None 0.1/1,000 Railroad Yards None None None Research and Development 3.0/1,000 3.8/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft: 0.8/1,000 >150,000 sq ft: 0.4/1,000 <150,000 sq ft: 1.2/1,000 >150,000 sq ft: 0.5/1,000 All: 0.1/1,000 Waste-Related 7.0 10.0 None Wholesale Sales 1.2/1,000 1.8/1,000 0.1/1,000 Other Use Categories Agriculture/Horticulture None None None Cemeteries None None None Detention Facilities None None 1.0/2.5 beds Heliports None None None Mining None None None Wireless Communication Facilities None None None Transportation/Utility Corridors None None None Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU -CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Residential Use Category Residential Use See applicable housing type development standards chapter in 18.200. The residential component of a mixed -use development must use the parking requirements for apartments. Civic/Institutional Use Categories Basic Utilities None None None None Colleges 1.0/5 students/staff 1.0/3.3 students/staff 1.0/3.3 students/staff 1.0/3.0 students/staff Community Services 2.0/1,000 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 2.5/1,000 3.5/1,000 4.5/1,000 1.0/1,000 Day Care Home: None Commercial: 2.0/classroom Home: None Commercial: 2.7/1,000 Home: None Commercial: 3.2/1,000 Home: None Commercial: 1.5/classroom Emergency Services 3.0/1,000 3.5/1,000 4.5/1,000 0.5/1,000 Medical Centers 2.0/1,000 2.7/1,000 3.2/1,000 0.2/1,000 Postal Services 2.5/1,000 3.0/1,000 4.5/1,000 0.3/1,000 Religious Institutions 1.0/3 seats in main assembly area 1.0/1.7 seats in main assembly area 1.0/1.3 seats in main assembly area 1.0/20 seats in main assembly area Schools Preschool: 5.0 + 1.0/classroom Preschool: 7.0 + 1.0/classroom Preschool: 0.0 + 1.0/classroom Preschool: 1.0/classroom Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU -CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Elementary/JR: 2.0/classroom SR: 1.0/5 students/staff Elementary/JR: 2.5/classroom SR: 1.0/3.3 students/staff Elementary/JR: 3.5/classroom SR: 1.0/3.3 students/staff Elementary/JR: 6.0/classroom SR: 6.0/classroom Social/Fraternal Clubs/Lodges 10.0/1,000 main assembly area 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area Temporary Shelter 1.0/2.5 beds None None 1.0/5 beds Commercial Use Categories Adult Entertainment 2.5/1,000 1.0/3 seats 3.5/1,000 1.0/1.25 seats 4.5/1,000 1.0/2 seats 0.5/1,000 1.0/20 seats Animal-Related Commercial 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Bulk Sales 1.0/1,000 but no less than 10 1.3/1,000 2.0/1,000 0.3/1,000 Commercial Lodging 1.0/room 1.2/room 1.4/room 1.0/10 rooms Custom Arts and Crafts 3.0/1,000 5.1/1,000 6.2/1,000 0.3/1,000 Eating and Drinking Establishments [2] Fast food: 7.0/1,000 Other: 9.0/1,000 Fast food: 12.4/1,000 Other: 19.1/1,000 Fast food: 14.9/1,000 Other: 23.0/1,000 All: 1.0/1,000 Indoor Entertainment 4.3/1,000 Theater: 1.0/3 seats 5.4/1,000 Theater: 1.0/2.5 seats 6.5/1,000 Theater: 1.0/2 seats 0.5/1,000 Theater: 1.0/10 seats Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU -CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Major Event Entertainment 1.0/3 seats or 1.0/6 ft of bench 1.0/2.5 seats or 1.0/5 ft of bench 1.0/2 seats or 1.0/4 ft of bench 1.0/10 seats or 40 ft of bench Motor Vehicle Sales/Rental 1.0/1,000 but no less than 4 1.3/1,000 but no less than 4 2.0/1,000 but no less than 4 0.2/1,000 sales area Motor Vehicle Servicing/Repair 2.0/1,000 but no less than 4 2.3/1,000 but no less than 4 2.6/1,000 but no less than 4 0.2/1,000 Non-Accessory Parking None None None None Office Non-medical: 2.7/1,000 Medical: 3.9/1,000 Non-medical: 3.4/1,000 Medical: 4.9/1,000 Non-medical: 4.1/1,000 Medical: 5.9/1,000 Non-medical: 0.5/1,000 Medical: 0.4/1,000 Outdoor Entertainment 4.0/1,000 4.5/1,000 5.0/1,000 0.4/1,000 Outdoor Sales 1.0/1,000 sales area 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Personal Services 2.5/1,000 Bank with drive-through: 3.0/1,000 3.0/1,000 Bank with drive-through: 5.4/1,000 4.5/1,000 Bank with drive-through: 6.5/1,000 All: 1.0/1,000 Repair-Oriented Retail 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 Sales-Oriented Retail 3.0/1,000 5.1/1,000 6.2/1,000 0.3/1,000 Self-Service Storage 1.0/4 storage units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Vehicle Fuel Sales 3.0 + 2.0/service bay 4.0 + 2.0/service bay 4.0 + 2.5/service bay 0.2/1,000 Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU -CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Industrial Use Categories General Industrial 1.6/1,000 None None 0.1/1,000 Heavy Industrial 1.6/1,000 None None 0.1/1,000 Industrial Services 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Light Industrial 1.6/1,000 None None 0.1/1,000 Railroad Yards None None None None Research and Development 2.0/1,000 3.0/1,000 3.8/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft: 0.5/1,000 >150,000 sq ft: 0.3/1,000 <150,000 sq ft: 0.8/1,000 >150,000 sq ft: 0.4/1,000 <150,000 sq ft: 1.2/1,000 >150,000 sq ft: 0.5/1,000 All: 0.1/1,000 Waste-Related 5.0 7.0 10.0 None Wholesale Sales 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Other Use Categories Agriculture/Horticulture 2.5/1,000 sales area but no less than 4 None None None Cemeteries None None None None Detention Facilities 1.0/2.5 beds None None 1.0/2.5 beds Heliports None None None None Mining <5.0 None None None Wireless Communication Facilities None None None None Commentary Chapter 18.410 Off-Street Parking and Loading Table 18.410.3 Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements Parking space requirements are based on square feet of floor area unless otherwise stated. See Chapter 18.650 for parking requirements in the MU -CBD zone and Chapter 18.660 for parking requirements in the TMU zone. Use Category Vehicle Minimum [1] Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Transportation/Utility Corridors None None None None [1] Minimum and mMaximum parking ratios are in compliance with the Metro Regional Transportation Functional Plan. Zone A standards apply where 20 -minute peak hour transit service is available within 0.25 miles walking distance for bus transit or 0.5 miles walking distance for high-capacity transit. Zone B standards apply to areas not in Zone A. The Director maintains a map that shows the locations of Zones A and B. [2] Fast food designation includes all eating and drinking establishments with a “walk-up counter” or less than 10 tables in the dining area. ◼ Commentary Chapter 18.410 Off-Street Parking and Loading Omnibus Amendments 18.30.010 List of Terms -C- Caliper - See Tree-Related Definitions Carport Certified Arborist - See Tree-Related Definitions Change of Use City Collocation - See Wireless Communication Facility -Related Definitions Column Common Wall Complex Conditional Use Corner Lot - See Lot-Related Definitions Cornice Council Covered Parking Critical Facility - See Flood-Related Definitions Cottage Cluster - See Dwelling-Related Definitions Courtyard Units - See Dwelling-Related Definitions Covered Soil Volume - See Tree-Related Definitions Cul-de-Sac Commentary Omnibus Carport is added to the list of terms. Covered parking is added to the list of terms. Cultural Institution Auxiliary Sign - See Chapter 18.435, Signs Cutout - See Chapter 18.435, Signs -P- Painted Wall Decorations - See Chapter 18.435, Signs Painted Wall Highlights - See Chapter 18.435, Signs Painted Wall Sign - See Chapter 18.435, Signs Parapet Park Parking Lot Parking Lot Tree - See Tree-Related Definitions Parking Space Parking Structure Partition Party Path - See Transportation-Related Definitions Perimeter Person Pilaster Planning Commission Plat Premises - See Chapter 18.435, Signs Primary Use Commentary Omnibus Parking lot is added to the list of terms. Parking structure is added to the list of terms. Projecting Sign - See Chapter 18.435, Signs Provider - See Wireless Communication Facility -Related Definitions Public Infrastructure - See Wireless Communication Facility -Related Definitions Public Support Facilities 18.30.020 Definitions C. “C” definitions. 1. “Carport” - A single-story building, or portion thereof, that contains one or more parking spaces for the storage of vehicles or bicycles. A carport does not contain parking aisles for internal maneuvering and circulation and may be partially enclosed. 2 1. “Change of use” - Any use that differs from the previous use as provided in Chapter 18.60, Use Categories. 3 2. “City” - The area within the territorial limits of the City of Tigard, Oregon. 4 3. “Column” - In structures, a relatively long, slender structural compression member such as a post, pillar, or strut; usually vertical, supporting a load that acts in (or near) the direction of its longitudinal axis. 5 4. “Common wall” - A wall or joined walls that share a boundary to provide separation of interior spaces. 6 5. “Complex” - A structure or group of structures developed on one or more contiguous units of land and developed as part of an overall development plan. 7 6. “Conditional use” - A use that may be allowed by the approval authority following a public hearing, upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval. 8 7. “Cornice” - Decorative projection or crown along the top of a wall or roof. 9 8. “Council” - The City Council of Tigard, Oregon. 10. “Covered parking” - A single-story building that contains multiple parking spaces for the storage of vehicles or bicycles, or a multi -story building that partially or completely covers one or more parking spaces with Commentary Omnibus The code did not previously have a definition for a carport. The code did not previously have a definition for covered parking. This definition is intended to provide a distinction between carports and covered parking. the horizontal extension of the second story beyond the vertical walls of the first story. A covered parking area may contain parking aisles for internal maneu vering and circulation and may be partially enclosed. 11 9. “Cul-de-sac” - The circular turnaround at the end of a dead-end street. G. “G” definitions. 1. “Garage” - A fully-enclosed building, or portion thereof, that contains one or more parking spaces for the storage, repair, or keeping of a motor vehicles or bicycles. A garage does not contain any parking aisles for internal maneuvering or circulation. P. “P” definitions. 1. “Parapet” - A low, solid, protective screening or decorative wall as an extension of exterior building walls beyond the roof or deck level. 2. “Park” - Any unit of land set apart and devoted to the purposes of pleasure, recreation, ornament, light, and air for the genera l public. 3. “Parking lot” - A n uncovered paved area that includes multiple parking spaces and parking aisles for internal maneuvering and circulation. 4 3. “Parking space” - A clearly defined area used to store a single vehicle or bicycle that meets the minimum standards of this Title. An area within a private or public parking area, building, or structure for the parking of one vehicle. 5. “Parking structure” - A single- or multi-story building, or portion thereof, that contains multiple parking spaces for the storage of vehicles or bicycles. A parking structure contains parking aisles for internal maneuvering and circulation. 6 4. “Partition” - Division of a unit of land into two or three lots or tracts within a calendar year when such area of land exists as a unit or contiguous units of land under common ownership. Partitioning land does not include: a. Divisions of land resulting from lien foreclosures, foreclosures of recorded contracts for the sale of real property, or creation of cemetery lots; b. Any adjustment of a lot line by the relocation of a common boundary where an additional lot is not created and where the existing lot, reduced in size by the adjustment, is not reduced below the minimum lot size established by an applicable zoning ordinance; or Commentary Omnibus The garage definition was updated to clarify that they do not include circulation areas. The code did not previously have a definition for a parking lot. This one makes it clear that a parking lot has both spaces and maneuvering aisles. The parking space definition was updated to align with its use in other definitions and the rest of the code. The code did not previously have a definition for parking structures, and this created some confusion about the distinction between garages, carports, and other parking structures. c. The sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by single owner. 7 5. “Party” - A person who makes an appearance in a proceeding through the submission of either written or verbal evidence. 8 6. “Perimeter” - The boundaries or borders of a unit of land. 9 7. “Person” - An individual, corporation, governmental agency, offi cial advisory committee of the city, business trust, estate, trust, partnership, association, or two or more people having a joint or common interest or any other legal entity. 10 8. “Pilaster” - An ornamental or functional column or pillar incorporated into a wall. 11 9. “Planning Commission” - The Planning Commission of the City of Tigard, Oregon. 12 10 . “Plat” - A final map, diagram, or other writing containing all the descriptions, specifications, and provisions concerning a land di vision. 13 11 . “Primary use” - A primary use is the activity, or combination of activities of chief importance on the site, and the main purposes for which the land or structures are intended, designed, or ordinarily used. Development may have more than one primary use. 14 12 . “Public support facilities” - Services that are necessary to support uses allowed in the base zone and involve only minor structures such as underground utilities and construction of improvements including sidewalks, curbs, street lights, and driveway aprons, power lines and poles, phone booths, fire hydrants, as well as bus stops, benches, and mailboxes that are necessary to support principal development. 18.140.050 Development Standards J. Parking. Development must comply with Chapter 18.410, Off-Street Parking and Loading., with the following exceptions: 1. Minimum parking requirements only apply to conditional uses in this z one. 2. Dog parks must meet the following requirements: Commentary Omnibus Requirements related to minimum parking requirements were removed. a. Dog parks or off-leash areas with a fenced area of 1 acre or more must provide a minimum of 5 off-street vehicle parking spaces, and a parking plan for anticipated peak use periods. b. Dog parks or off-leash areas with a fenced area of less than 1 acre must provide a minimum of 3 off-street vehicle parking spaces, and a parking plan for anticipated peak use periods. c. Dog parks or off-leash areas with a fenced area of less than 0.5 acres are exempt from minimum parking requirements. 18.230.040 Development Standards E Pedestrian access . 1. Paths must provide pedestrian access from public sidewalks abutting the site to all required building entrances on the site. 2. Paths must provide pedestrian access between all common open space areas, vehicle and bicycle parking areas, building entrances, and service areas designed for use by residents. Paths within parking areas or along drive aisles are subject to additional standards in Chapter 18.410, Off -Street Parking and LoadingSubsection 18.410.040.B. F. V ehicle and bicycle parking. 1. The applicable provisions and standards of Chapter 18.410 Off -Street Parking and Loading Sections 18.410.010 through 18.410.060 apply to apartment developments. 2. The standards in Sections 18.410.070 through 18.410.090 do not apply to apartment developments. 3. The minimum and maximum number of off-street vehicle and bicycle parking spaces are provided in Table 18.230.2. Any fractional space requirement is rounded up to the next whole number. Table 18.230.2 Off-Street Vehicle and Bicycle Parking Quantity Requirements Commentary Omnibus This reference was simplified. This reference was simplified. This table was removed as most of it related to minimum parking requirements. The bicycle parking requirements were moved to a text section. Apartment Size Vehicle Minimum Vehicle Maximum (Zones A and B) Bicycle Minimum 500 sq ft or less 1 space per dwelling unit None 1 space per 2 dwelling units 1 bedroom 1 space per dwelling unit 2 bedroom 1.25 spaces per dwelling unit 3 bedroom 1.5 spaces per dwelling unit 4. Apartment developments with 10 or more required vehicle parking spaces must also provide additional vehicle parking for guests. The minimum amount of additional parking spaces is 15% of the minimum vehicle parking requirement as provided in Table 18.230.2. Guest vehicle parking must be clearly identified with pavement markings or signs. 5. Apartment developments with 20 or more dwelling units must also provide additional bicycle parki ng spaces for guests. The minimum amount of additional parking spaces is 15% of the minimum bicycle parking requirement as provided in Table 18.230.2. Guest bicycle parking must be located within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right -of-way with approval of the City Engineer. 6. Apartment developments with 20 or more dwelling units must provide all required non-guest bicycle park ing spaces inside a structure or under a roof. Required bicycle parking is exempt from the location standard of Subsection 18.410.050.A but may not be located inside individual dwelling units . 2 7. Off-street Ssurface vehicle parking areas, detached garages, and attached or detached carports may not be located closer to a street property line than the building closest to that street property line. 3 8. Off-street vehicle Pp arking areas may not occupy more than 50% of the total length of each street frontage as measured 20 feet from the street property line. Drive aisles without adjacent parking spaces do not count as parking areas for the purposes of this standard. 4 9. Attached garages may be attached to any side of an apartment building. If attached to the street-facing facade, they may not be located closer to the street property line than the apartment building facade and the facade must include at Commentary Omnibus These standards were combined with the quantity standard from the table and moved to later in this section. least one entrance for each proposed garage that meets the standards of Subsection 18.230.050.A. Driveways associated with attached garages that take direct individual access from a public or private street must meet the rowhouse location and access standards in Paragr aph 18.280.050.E.3 and Subparagraph 18.280.050.E.2.a. 5. A minimum of one bicycle parking space must be provided for every 2 dwelling units. Fractional parking space minima are rounded up to the nearest whole number. Apartment developments with 20 or more dwelling units must meet the following additional standards: a. All bicycle parking required by Paragraph 18.230.040.F.5 above must be provided inside a structure or under a roof. This bicycle parking is exempt from the location standard of Subsection 18.410.060.B but may not be located inside individual dwelling units. b. Additional bicycle parking must be provided that is equal to or greater than 15% of the minimum parking requirement as provided in Paragraph 18.230.040.F.5 above. This additional bicycle parking must be provided within 20 feet of the street property line and be visible to pedestrians from the public sidewalk in front of the site. Bicycle parking may be located in the public right-of-way with approval of the City Engineer. H. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Chapter 18.410, Off-Street Parking and LoadingSubsection 18.410.040.I. All points of measurement must be a minimum of 0.5 footcandles. 18.240.050 Clear and Objective Standards G. Parking. The provisions and standards of Chapter 18.410 Off-Street Parking and Loading 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 one off-street parking space must be provided for each cottage. If the lot is within 2,500 feet of a right -of-way that includes transit Commentary Omnibus The quantity standard was moved from the earlier table that was deleted. These standards were moved from earlier. This reference was simplified. This reference was simplified. Minimum parking requirements are removed. service, this parking minimum is reduced by half. Fractional parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all of the off - street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each cottage. Fractional parking space maxima are rounded down to the nearest whole number. 4. Garages and carportsParking structures. Parking structures including gGarages and carports are prohibited. 18.240.060 Alternative Standards F. Parking. The provisions and standards of Chapter 18.410 Off -Street Parking and Loading 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 one off-street parking space must be provided for each cottage. 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 parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all of the off - street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each cottage. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of two to four parking spaces where all spaces in a group are contiguous. See Figure 18.240.8. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of five feet from property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley, or other public right-of-way. Commentary Omnibus Updated to align with new definitions. This reference was simplified. Minimum parking requirements are removed. Updated to align with new definitions. c. Off-street parking spaces must be located a minimum of five feet from any public access easement. d. Off-street parking space groups, including those provided in garages or carports structures, must be separated by a minimum of five feet on all sides from all other parking space groups, parking structures, and cottages on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Separation areas between garages are exempt from the landscaping requirement. 4. Garages and carportsParking structures. a. The maximum size for any detached garage or carport parking structure is 750 square feet and the maximum height is 15 feet. The square footage of a carport is the total area covered by a roof. b. Each detached garage or carport parking structure must not contain more than four vehicle parking spaces. 18.240.080 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on a lot is 528 square feet. The floor area of garages and carports parking structures does not count toward this maximum. Cottage cluster developments with more than 12 cottages on a lot are allowed an additional 500 square feet of accessory structure floor area, provided that no individual accessory structure exceeds 528 square feet in floor area. 18.250.050 Clear and Objective Standards G. Parking. The provisions and standards of Chapter 18.410 Off-Street Parking and Loading 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 one off-street parking space must be provided for each dwelling 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 parking space minima are rounded up to the nearest whole number. Commentary Omnibus Updated to align with new definitions. Updated to align with new definitions. This reference was simplified. Minimum parking requirements are removed. b. An on-street parking credit may be used to meet some or all of the off - street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. Fractional parking space maxima are rounded down to the nearest whole number. 4. Garages and carportsParking structures. Parking structures including gGarages and carports are prohibited. 18.250.060 Alternative Standards G. Parking. The provisions and standards of Chapter 18.410 Off-Street Parking and Loading 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 one off-street parking space must be provided for each dwelling 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 parking space minima are rounded up to the nearest whole number. b. An on-street parking credit may be used to meet some or all the off -street parking requirement as provided in Section 18.410.090. c. A maximum of 1.2 off-street parking spaces are allowed for each dwelling unit. Fractional parking space maxima are rounded down to the nearest whole number. 2. Grouping. Off-street parking must be provided in groups of two to four parking spaces where all spaces in a group must be contiguous. See Figure 18.250.9. 3. Location. a. Off-street parking spaces must be located a minimum of 20 feet from any street property line, except that parking spaces may be located a minimum of five feet from property line along an alley. b. Off-street parking spaces must be located a minimum of 10 feet from any property line that does not abut a street, alley, or other public right-of-way. c. Off-street parking spaces must be located a minimum of five feet from any public access easement. Commentary Omnibus Updated to align with new definitions. This reference was simplified. Minimum parking requirements are removed. Updated to align with new definitions. d. Off-street parking space groups, including those provided in garages or carports structures, must be separated by a minimum of five feet on all sides from all other parking space groups, garages or carports parking structures , and dwelling units on the site. If this separation area is 10 feet or less in width, it must be landscaped to meet the L-2 standard, as provided in Table 18.420.1, except that trees are not required. Separation areas between garages are exempt from the landscaping requirement. See Figure 18.250.9. 4. Garages and carports Parking structures . a. The maximum size for any detached garage or carport parking structure is 750 square feet and the maximum height is 15 feet. The square footage of a carport is the total area covered by a roof. b. Each detached garage or carport parking structure must not contain more than four vehicle parking spaces. 18.250.070 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on a lot is 528 square feet. The floor area of garages or carports parking structures does not count toward this maximum. Courtyard unit developments with more than 12 dwelling units on a lot are allowed an additional 500 square feet of accessory structure floor area, provided that no individual accessory structure exceeds 528 sq uare feet in floor area. 18.260.040 Mobile Home Park Standards A. Minimum development standards . Mobile home park development must meet the following minimum development standards: 8. Be partially screened from the public right-of-way and adjacent r esidential areas by a combination of a sight-obscuring fence, vegetation, berm, or any combination of the above, except that within the required front setback, any fence must not exceed 3 feet in height. B. Other standards. 11. Outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or management of the park is prohibited. Commentary Omnibus Updated to align with new definitions. Updated to align with new definitions. This is not a clear and objective standard and should not be applied to housing. This standard is not appropriate for the development code and would be covered by the nuisance code. This reference was simplified. 18.270.040 Clear and Objective Standards E. Parking. The provisions and standards of Chapter 18.410 Off-Street Parking and Loading 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. The required minimum and maximum number of allowed off-street vehicle parking spaces is provided in Table 18.270.2. If the lot is within 2,500 feet of a right-of -way that includes transit service, the applicable parking minimum is reduced by half. b. An on-street parking credit may be granted for some or all the require d off-street parking as provided in Section 18.410.090. Table 18.270.2 Quad Vehicle Parking Maximums Requirements by Zone RES-A and RES-B RES-C RES-D MUR-1 and MUR-2 Minimum off-street parking spaces 4 3 2 None Maximum off-street vehicle parking spaces 5 4 4 4 2. Grouping. Off -street parking spaces including parking provided in garages or carports structures must be grouped. 3. Location. a. Off-street parking spaces , including those in garages or carports, and structures must be located a minimum of 20 feet from any street property line, except alley property lines, where parking may be provided within five feet of the property line. b. Off-street parking spaces , including those in garages or carports, and structures must not be located within 10 feet of any other property line. c. Covered parking may be provided under the first story of the quad, provided that this parking is accessed from the rear of the building and is not visible from the street. 4. Garages and carportsParking structures. One garage or carport parking structure is allowed per quad development, subject to the following: Commentary Omnibus Minimum parking requirements are removed. Updated to align with new definitions. a. The maximum size is 750 square feet; and b. The maximum height is 15 feet. 18.270.050 Accessory Structures Accessory structures are allowed subject to the following: A. The total maximum floor area of all accessory structures on the lot is 528 square feet. The floor area of garages or carports parking structures does not count toward this maximum. 18.280.040 Clear and Objective Standards D. Parking. The provisions and standards of Chapter 18.410 Off-Street Parking and Loading 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 one off-street parking space must be provided for each rowhouse. b. An on-street parking credit may be granted for some or all the required off-street parking as provided in Section 18.410.090. 1 2. Access. Access to off-street parking areas for rowhouse develop ment 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 one driveway is allowed for every two dwelling units, except that each rowhouse grouping of three or more dwelling units may include one driveway that provides access to a single dwelling unit. Shared access is subject to the requirements of Subsection 18.920.030.C . Commentary Omnibus Updated to align with new definitions. This reference was simplified. Minimum parking requirements are removed. ii. The minimum width for a driveway is 15 feet, except that a single unshared driveway may be 10 feet in width. iii. The maximum width for a driveway is 18 feet, except that the maximum width for a single unshared driveway is 12 feet. iv. Driveways must be located a minimum of 18 feet apart to minimize vehicle conflicts with pedestrians. Distance between driveways is measured along the front property line. Figure 18.280.1 Access Configuration for Tandem Driveways 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 dwelling unit, the minimum paved width of the shared access is 20 feet and the maximum width is 24 feet. Figure 18.280.2 Access Configuration for Shared Access Commentary Omnibus c. Alley access. If access is taken from an alley, the following standards apply: i. A maximum of one access is allowed for each dwelling unit. ii. The minimum paved width of an alley access is 10 feet. 2 3. Location. Off-street parking areas, including detached parking structures, must be located a minimum of 20 feet from any street property line, except alley property lines, where no minimum setback is required. 3 4. Garages and carports Parking structures . Garages and carports Parking structures in rowhouse developments are subject to the following: a. Detached garages or carports parking structures must be located a minimum of 40 feet from a street property line where rowhouses provide main entrances. b. The maximum size for a detached garage or carport parking structure is 200 square feet per rowhouse served by the structure. c. The maximum height for a detached garage or carport parking structure is 15 feet. 4 5. Screening. Screening of parking areas is not required, except that in the RES-A through RES-C zones, off-street parking areas provided at the side or rear of buildings and not in garages structures must be screened from adjacent properties to the S-3 standard, as provided in Table 18.420.2. The required screening must be provided on the same site as the development. Commentary Omnibus Updated to align with new definitions. 18.290.040 Clear and Objective Standards B. Development standards . Development standards for small form residential development are provided in Table 18.290.1. Table 18.290.1 Development Standards for Small Form Residential Standard RES-A RES-B RES-C RES-D and RES- E [1] MUC-1 Minimum Setbacks (ft) - Front 20 15 10 10 0 [2] - Street side 20 15 10 10 0 [2] - Side 5 5 5 5 0 - Rear 25 15 15 15 0 - Garage [3] 20 20 20 20 20 Maximum Height 30 30 35 35 70 Maximum Lot Coverage 80% 80% 80% 80% 90% Minimum landscape area [4] 20% 20% 20% 20% 10% Minimum Parking 1 off-street vehicle parking space per lot [5] [1] Development standards for small form residential development and allowed accessory uses and structures in the RES-E zone apply only to lots with existing nonconforming development. New construction of small form residential development is not allowed except as provided in Chapter 18.50, Nonconforming Circumstances. [2] The maximum front and street s ide setback is 20 feet. [3] The minimum garage setback applies to garages and carports. The minimum setback may be reduced to 0 feet where vehicle access is taken from an alley. [4] The minimum landscape area must be planted to the L -1 standard. Landscaping standards are provided in Chapter 18.420, Landscaping and Screening. Small form residential development is exempt from the general provisions of Section 18.420.030. [5] The minimum parking standard may be met with an on -street parking credit. On- street parking credit standards are provided in Section 18.410.090. 18.310.030 Exceptions to Setback, Height, and Parking Standards Commentary Omnibus Minimum parking requirements are removed. Removed reference to on-street parking credit that is no longer needed. Removed this exception as it is no longer needed. D. Exception to minimum parking. The minimum number of required off-street vehicle parking spaces may be reduced by 1 space for every 5 percent of effective tree canopy cover provided by preserved trees. The maximum reduction earned through tree preservation may not exceed 20 percent of the minimum number of required parking spaces for any one development. 18.320.040 Development Standards A. Base zone standards. Base zone development standards are provided in Table 18.320.1. C. Pedestrian access. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Chapter 18.410, Off-Street Parking and Loading Subsection 18.410.040.B. E. Lighting. 1. Minimum illumination levels are measured horizontally at ground level. a. The minimum average illumination is 1.5 footcandles for paths, except those within parking areas, which are subject to the lighting standards in Chapter 18.410, Off-Street Parking and Loading Subsection 18.410.040.H. All points of measurement must be a minimum of 0.5 footcandles. F. Other standards. Nonresidential dDevelopment in commercial zones is subject to all other applicable standards requirements of this title including but not limited to standards related to parking and loading, streets and utilities, sensitive lands, and signs. 18.330.040 Development Standards F. Other standards. Development in commercial zones is subject to all other applicable standards of this title including but not limited to standards related to parking and loading, streets and utilities, sensitive lands, and signs . 18.350.040 Development Standards E. Pedestrian access . Commentary Omnibus This reference was simplified. This reference was simplified. Added this language so that this chapter is aligned with 18.320. This reference was simplified. 2. Paths must provide safe and convenient pedestrian access within the site between all buildings, uses, and areas designed for use by pedestrians. Paths within parking areas or along drive aisles are subject to additional standards in Chapter 18.410, Off-Street Parking and Loading Subsection 18.410.040.B. Paths must be constructed with a hard surface material and have a minimum unobstructed width of 5 feet to meet this standard. 18.650.030 Approval Process B. Review thresholds. If a proposed development or modification is unlisted, the Director will determine the most appropriate review type. This determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity f or public comment. 1. Type I downtown development review. A Type I downtown development review is required for the following: e. Modification of off-street parking with no reduction in parking spaces or increase in parking spaces or paved area; k. Any modification that requires additional parking. 18.650.050 Development Standards B. Parking. 5. All apartment developments must provide a minimum of one parking space per unit. Adequate provisions for barrier -free parking must be provided as required by the state building code. Visitor parking spaces are not required . Adjustments to the bicycle parking requirements are prohibited. 6. For all other uses, the minimum off-street vehicle parking requirements are 75% of the total computed from Table 18.410.3. Adjustments to the bicycle parking requirements are prohibited. 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 one parking space per unit. 8. When calculating the total minimum number of vehicle parking spaces required in Table 18.410.3, fractional space requirements are rounded down to the nearest whole consecutive number. Commentary Omnibus Removed references to minimum parking requirements and modifications dealing with them. Removed minimum parking requirements. 9. Motorcycle or scooter parking may substitute for up to five required parking spaces or five percent of the total parking requirement, whichever is less. For every four motorcycle or scooter parking spaces provided, the automobile parking requirement is reduced by one s pace. Each motorcycle space must be at least four feet wide and eight feet deep. Existing parking may be converted to take advantage of this provision. 18.650.080 Specific Adjustments B. Adjustments to parking. Minimum off-street parking space requirements may be waived or reduced when one or more of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit (for example, affordable or senior housing); or 2. The proposed waiver or reduction will resu lt in the preservation of existing natural features on the site for public use or benefit. B C. Adjustments for private or shared outdoor area. Private outdoor area and shared outdoor recreation areas requirements may be waived or reduced when one or m ore of the following are met: 1. The proposed use is permanent in nature and has a clear public benefit (for example, affordable or senior housing); or 2. The total square footage of private outdoor areas and shared outdoor recreation areas equals or exceeds the combined standard for both. C D. Adjustments to density and height. Qualified affordable housing developments are eligible for both density and height bonuses. 18.660.070 Site Design Standards D. Off-street vehicle parking and loading. 1. Quantity. There is no minimum quantity standard for off-street parking areas. The maximum quantity standard for off-street parking is provided in Table 18.410.3. This standard is not eligible for adjustment through the review process provid ed in Paragraph 18.660.040.C.4 or elsewhere in this title. There is no minimum or maximum quantity standard for off-street loading areas. 18.710.020 Summary of Land Use Applications Commentary Omnibus Removed an adjustment to parking that is no longer needed. Removed reference to minimum parking requirement. Removed an application that was erroneously left in this table. Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type ADU Accessory Dwelling Unit 18.220 I MIS Adequate Public Facilities Exception (inside River Terrace) 18.640 II ADJ Adjustment - Inside River Terrace Plan District - Inside Downtown Tigard Plan District - Inside TMU zone - Citywide 18.640 18.650 18.660 18.715 II ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown Development Review 18.650 I, II (N/A) Extension 18.745 I, II MIS Historic Resource Designation or Alteration 18.750 II, III-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 I MAR Marijuana Facility Permit 18.430 I MMD Modification - Minor - Major 18.765 I II PDR Planned Development 18.770 II, III-PC SLR Sensitive Lands Review 18.510 I, II, III-HO Commentary Omnibus Table 18.710.1 Summary of Land Use Applications Abbreviation Land Use Application Type Applicable Section Review Type SGN Sign Permit 18.435 I SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II SBP Sublot Plat 18.840 II-Modified TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU zone) 18.660 II UFR Urban Forestry Plan Modification or Discretionary Review 18.420 I, III-HO, III- PC ZON Zoning Map Amendment - Quasi-Judicial (site specific) - Legislative (citywide) 18.790 III-PC, III-Modified, Legislative 18.765.060 Minor Modifications B. Examples. Examples of minor modifications include, but are not limited to, the following: 4. Change to the site that requires review of parking lot design or maximum parking standards.results in a change in the number or configuration of parking spaces. Commentary Omnibus Reworded to focus only on changes that would require review of maximum parking standards. Parking Compliance Project Clean Code without Omnibu November 7, 2022 Chapter 18.410 OFF-STREET PARKING AND LOADING 18.410.010 Purpose The purpose of this chapter is to provide standards to ensure the following goals are met: A. Off-street vehicle parking and maneuvering areas should be: 1. Limited in scale, 2. Appropriately located to increase safety and minimize conflicts with non - motorized vehicles and pedestrians, and 3. Adequately maintained, and 4. Designed in a manner to mitigate heat island effects or generate sustainable power. B. Parking structures should: 1. Include pedestrian-friendly ground floor façades, and 2. Minimize conflicts at ingress and egress points. C. Off-street bicycle parking areas should be: 1. Sufficiently sized to meet the current and future needs of bicyclists, and 2. Located to ensure safety, reduce theft, and increase convenience. 18.410.020 Applicability A. Applicability. The provisions of this chapter apply to all new development and all modifications to existing development, including changes of use, unless stated otherwise. B. Unlisted uses. Where a use in not listed in Table 18.410.3, a use determination may be requested as provided in Section 18.60.030 for the purposes of determining the maximum vehicle parking and minimum bicycle parking standards of this chapter . 18.410.030 Vehicle Parking and Loading Standards A. Quantity. 1. The ratios for the maximum number of off-street vehicle parking spaces allowed are provided in Table 18.410.3, subject to the following: a. If application of the maximum parking standard results in less than six parking spaces for a development with less than 1,000 square feet of floor area, the development is allowed up to six parking spaces. b. If application of the maximum parking standard results in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 square feet, the development is allowed up to 10 vehicle parking spaces. c. If a development is approved with no specified use, the development must apply the maximum parking standard for the use category that would allow the fewest number of parking spaces, chosen from all the uses that could be contained within the building type(s). d. In mixed-use and multi-tenant developments, the maximum allowable vehicle parking is determined individually for each use. d. The following types of parking areas are not included when calculating the maximum number of vehicle parking spaces allowed: 1. Parking spaces contained in a parking structure; 2. Market-rate paid parking spaces; 3. Designated carpool or vanpool spaces; 4. Designated accessible parking spaces; 5. Fleet vehicle storage; and 6. Vehicle storage spaces for sale, lease, or rent. B. Vehicular access. Vehicul ar access to off-street vehicle parking or loading areas must meet the requirements of Chapter 18.920, Access, Egress, and Circulation and Chapter 18.930, Vision Clearance Areas. C. Pedestrian access. Paths that cross access driveways or that provide access to vehicle or bicycle parking areas are subject to the following: 1. Paths must be physically separated from vehicle parking and maneuvering areas by either a minimum 6-inch vertical separation (curbed) or a minimum 3- foot horizontal separation, except that pedestrian crossings of traffic aisles are allowed for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used; 2. Paths must be a minimum of 4 feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts; and 3. Paths must be in compliance with applicable federal and state accessibility standards. D. Drive-through facilities. 1. All uses with drive-through facilities must provide on-site stacking lanes for inbound vehicles as provided in Table 18.410.1. Table 18.410.1 Stacking Lane Requirements Use Stacking Lane Requirement Banks 150 feet/service terminal Automated teller machines 50 feet/automated teller machine Cleaners, repair services 50 feet Restaurants 200 feet Drive-in theaters 200 feet Fueling stations 75 feet between curb cut and nearest fueling kiosk Car washes 75 feet/washing unit Parking facilities: Table 18.410.1 Stacking Lane Requirements Use Stacking Lane Requirement - With automatic ticket dispensing 50 feet/entry driveway - With staffed ticket dispensing 100 feet/entry driveway - With valet or attendant parking 100 feet 2. Stacking lanes must be designed so that they do not interfere with off- street parking areas or with vehicle, pedestrian, and bicycle circulation. E. Surfacing. Off-street parking areas must be paved with an asphalt, concrete, or pervious paving surface, except for the following: 1. Off-street parking areas associated with a temporary use application, as provided in Chapter 18.440, Temporary Uses, provided the approval authority determines that unpaved parking will not create adverse conditions. 2. Off-street overflow parking areas in the Parks and Recreation zone. F. Striping. 1. All off-street parking spaces must be clearly and separat ely identified with pavement markings or contrasting paving materials, except for spaces provided with the following types of development: a. Small form residential; b. Detached accessory dwelling units; or c. Any other residential development where spaces are not grouped. 2. All interior vehicle drives and access aisles must be clearly marked and signed to show direction of flow. G. Wheel stops. Parking bumpers or wheel stops a minimum of four inches in height must be provided a minimum of three feet from the front of vehicle parking spaces wherever vehicles can encroach on a right-of-way or pedestrian path. Curbing may substitute for wheel stops if vehicles will not encroach into the minimum required width for landscape or pedestrian paths. H. Lighting. Lighting must be provided that meets the following standards: 1. All pedestrian paths in parking areas and providing access to parking areas must be illuminbated to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level. 2. Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface. 3. Lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site. I. Space and aisle dimensions. The minimum dimensional standards fo r surface parking spaces and drive aisles are provided in Figure 18.410.1 and Table 18.410.2. Figure 18.410.1 Parking Dimension Factors Table 18.410.2 Minimum Parking Space and Aisle Dimensions Angle (A) Stall Width (B) Curb Length (C) 1 Way Aisle Width (D) 2 Way Aisle Width (D) Stall Depth (E) 0° (Parallel) 8 ft. 22 ft. 6 in. 12 ft. 20 ft. 8 ft. 30° 8 ft. 6 in. 17 ft. 12 ft. 20 ft. 15 ft. 45° 8 ft. 6 in. 12 ft. 12 ft. 20 ft. 17 ft. 60° 8 ft. 6 in. 9 ft. 9 in. 16 ft. 20 ft. 17 ft. 6 in. 90° 8 ft. 6 in. 8 ft. 6 in. 20 ft. 20 ft. 16 ft. J. Accessible parking. Where off-street vehicle parking is provided, it must include the required number of accessible vehicle parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulati ons and in compliance with ORS 447. K. Loading areas. All off-street vehicle loading areas for passengers or goods must: 1. Include sufficient area for turning and maneuvering of vehicles on site. At a minimum, the maneuvering length must be at least twice the overall length of the longest vehicle using the site. 2. Be designed such that vehicle stacking does not impact any public right - of-way. 18.410.040 Parking Structure Standards A. First-story windows and wall openings. All street-facing facades of parking structures must include windows, doors, or display areas on a minimum of 20% of the first-story facade area excluding those portions of the facade devoted to vehicular access, stairwells, elevators, and centralized payment booths. Required windows must have a sill no more than four feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than two feet above finished floor wall up to a maximum sill height of six feet above grade. B. Exit warning bell. All exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided must provide an audible and visible signal for pedestrians when vehicles are exiting. C. Parking layout and internal circulation. The required space and aisle dimensions within a parking structure are provided in Figure 18.410.1 and Table 18.410.2. 18.410.050 Bicycle Parking Standards A. Quantity. The minimum number of required bicycle parking spaces is provided in Table 18.410.3. If application of the minimum bicycle parking standard results in less than two spaces, then the development must provide at least two spaces. Small form residential, accessory dwelling units, cottage clusters, courtyard units, quads, and rowhouses are exempt from minimum bicycle parking standards. B. Location. Required bicycle parking must be located within 50 feet of a required or main entrance of a primary building, except that required bicycle parking for mixed-use or nonresidential development that includes any vehicle parking within a parking structure must be covered and located within 100 feet of a required or main entrance of a primary building. C. Design. 1. Bicycle racks must be designed to allow a bicycle frame to lock to it at two points of contact, except that spiral racks and wave racks with more than one loop are prohibited; 2. Bicycle racks must be securely anchored to the ground, wall, or other structure; 3. Bicycle parking spaces must be at least 2.5 feet in width and six feet in length and have an access between each row of spaces that is at least five feet in width. Covered bicycle parking must provide a vertical clearance of seven feet; and 4. Bicycle parking spaces must be paved with a dust-free hard surface material. D. Lighting. Lighting must be provided that meets the following standards: 1. All bicycle parking areas and paths providing access to these areas must be illuminated to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level. 2. Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface. 3. Lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site. 18.410.060 Vehicle and Bicycle Parking Quantity Standards Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Residential Use Category Residential Use See applicable housing type development standards chapter in 18.200. The residential component of a mixed-use development must use the parking requirements for apartments. Civic/Institutional Use Categories Basic Utilities None None None Colleges 1.0/3.3 students/staff 1.0/3.3 students/staff 1.0/3.0 students/staff Community Services 2.5/1,000 4.0/1,000 0.3/1,000 Cultural Institutions 3.5/1,000 4.5/1,000 1.0/1,000 Day Care Home: None Commercial: 2.7/1,000 Home: None Commercial: 3.2/1,000 Home: None Commercial: 1.5/classroom Emergency Services 3.5/1,000 4.5/1,000 0.5/1,000 Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Medical Centers 2.7/1,000 3.2/1,000 0.2/1,000 Postal Services 3.0/1,000 4.5/1,000 0.3/1,000 Religious Institutions 1.0/1.7 seats in main assembly area 1.0/1.3 seats in main assembly area 1.0/20 seats in main assembly area Schools Preschool: 7.0 + 1.0/classroom Elementary/JR: 2.5/classroom SR: 1.0/3.3 students/staff Preschool: 0.0 + 1.0/classroom Elementary/JR: 3.5/classroom SR: 1.0/3.3 students/staff Preschool: 1.0/classroom Elementary/JR: 6.0/classroom SR: 6.0/classroom Social/Fraternal Clubs/Lodges 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area Temporary Shelter None None 1.0/5 beds Commercial Use Categories Adult Entertainment 3.5/1,000 1.0/1.25 seats 4.5/1,000 1.0/2 seats 0.5/1,000 1.0/20 seats Animal-Related Commercial 4.0/1,000 4.5/1,000 0.3/1,000 Bulk Sales 1.3/1,000 2.0/1,000 0.3/1,000 Commercial Lodging 1.2/room 1.4/room 1.0/10 rooms Custom Arts and Crafts 5.1/1,000 6.2/1,000 0.3/1,000 Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Eating and Drinking Establishments [2] Fast food: 12.4/1,000 Other: 19.1/1,000 Fast food: 14.9/1,000 Other: 23.0/1,000 All: 1.0/1,000 Indoor Entertainment 5.4/1,000 Theater: 1.0/2.5 seats 6.5/1,000 Theater: 1.0/2 seats 0.5/1,000 Theater: 1.0/10 seats Major Event Entertainment 1.0/2.5 seats or 1.0/5 ft of bench 1.0/2 seats or 1.0/4 ft of bench 1.0/10 seats or 40 ft of bench Motor Vehicle Sales/Rental 1.3/1,000 but no less than 4 2.0/1,000 but no less than 4 0.2/1,000 sales area Motor Vehicle Servicing/Repair 2.3/1,000 but no less than 4 2.6/1,000 but no less than 4 0.2/1,000 Non-Accessory Parking None None None Office Non-medical: 3.4/1,000 Medical: 4.9/1,000 Non-medical: 4.1/1,000 Medical: 5.9/1,000 Non-medical: 0.5/1,000 Medical: 0.4/1,000 Outdoor Entertainment 4.5/1,000 5.0/1,000 0.4/1,000 Outdoor Sales 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Personal Services 3.0/1,000 4.5/1,000 All: 1.0/1,000 Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Bank with drive-through: 5.4/1,000 Bank with drive-through: 6.5/1,000 Repair-Oriented Retail 4.0/1,000 4.5/1,000 0.3/1,000 Sales-Oriented Retail 5.1/1,000 6.2/1,000 0.3/1,000 Self-Service Storage 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Vehicle Fuel Sales 4.0 + 2.0/service bay 4.0 + 2.5/service bay 0.2/1,000 Industrial Use Categories General Industrial None None 0.1/1,000 Heavy Industrial None None 0.1/1,000 Industrial Services 1.2/1,000 1.8/1,000 0.1/1,000 Light Industrial None None 0.1/1,000 Railroad Yards None None None Research and Development 3.0/1,000 3.8/1,000 0.5/1,000 Warehouse/Freight Movement <150,000 sq ft: 0.8/1,000 >150,000 sq ft: 0.4/1,000 <150,000 sq ft: 1.2/1,000 >150,000 sq ft: 0.5/1,000 All: 0.1/1,000 Waste-Related 7.0 10.0 None Wholesale Sales 1.2/1,000 1.8/1,000 0.1/1,000 Other Use Categories Agriculture/Horticulture None None None Cemeteries None None None Table 18.410.3 Vehicle and Bicycle Parking Quantity Standards Parking space standards are calculated using the floor area for each use in a development unless otherwise stated. Use Category Vehicle Maximum (Zone A) [1] Vehicle Maximum (Zone B) [1] Bicycle Minimum Detention Facilities None None 1.0/2.5 beds Heliports None None None Mining None None None Wireless Communication Facilities None None None Transportation/Utility Corridors None None None [1] Maximum parking ratios are in compliance with the Metro Regional Transportation Functional Plan. Zone A standards apply where 20 -minute peak hour transit service is available within 0.25 miles walking distance for bus transit or 0.5 miles walking distance for high-capacity transit. Zone B standards apply to areas not in Zone A. The Director maintains a map that shows the locations of Zones A and B. [2] Fast food designation includes all eating and drinking establishments with a “walk-up counter” or less than 10 tables in the dining area.◼ 1 Schuyler Warren From:KELLY Laura * DLCD <Laura.KELLY@dlcd.oregon.gov> Sent:Monday, October 17, 2022 3:47 PM To:Schuyler Warren Subject:DCA2022-00005 DLCD review Hi Schuyler, DLCD’s CFEC team has completed review of DCA2022-00005- proposed removal of parking requirements to implement CFEC rules. Just wanted to pass along that it all looks good and the proposal satisfies the requirements of OAR 660-012- 0430 and -0440. As you know, the city will need to implement 660-012-0405 through 0415 by June 30, 2023 or receive approval for an extension. Please see the CFEC website for additional information. In addition, DLCD has recently published guidance on extensions (AKA “alternative dates”), which can be found here: https://www.oregon.gov/lcd/CL/Documents/GuidanceAlternativeDates.pdf. DLCD appreciates the leadership Tigard has shown in implementing the rules. Sincerely, Laura Laura Kelly Portland Metro Regional Representative for Metro, Washington County, and Select Cities of Columbia County | Portland Metro Regional Solutions Oregon Department of Land Conservation and Development Cell: 503-798-7587 | Main: 503-373-0050 laura.kelly@dlcd.oregon.gov | www.oregon.gov/LCD