Planning and Zoning

The provision of public facilities and services is a key ingredient in the development of Clackamas County and the implementation of this Plan. All development requires a certain level of public facilities and services. The objective of this Plan element is to provide the level of public facilities and services to support the land use designations in this Plan, and to provide those facilities and services at the proper time to serve development in the most cost effective way.

This chapter addresses, in part, the requirements of the Land Conservation and Development Commission's (LCDC's) Goal 11, also known as Oregon Administrative Rule 660, Division 11. It requires planning for sanitary sewage treatment, water, storm drainage and transportation. Adequate levels of those public facilities and services must be available before urban levels of development can be built in a manner consistent with the land use designations in this Plan. (Transportation facilities and services are addressed in Chapter 5 of this Comprehensive Plan). Further detail, particularly with regard to necessary facility improvements and their costs, can be found in the County's Public Facilities Plan.

Failure to plan for public facilities properly could result in unnecessary financial costs, if the services are provided in excess of needed levels. Unnecessary environmental degradation and ultimately more financial cost could result if services are not properly designed to accommodate the anticipated level of development.

The public facilities and services policies of this Plan provide a logical framework for the timely, orderly and efficient arrangement of facilities and services required to meet the population and economic needs of this County. The following policies will be used to guide and coordinate the provision of future facilities and services with development activities in Clackamas County. Other policies that may pertain to public facilities and services are included in the Natural Resources, Transportation, and Land Use Chapters of this Plan.

Issues

Several critical issues stand out among the others when planning for the provision of new public facilities and services. These issues are:

• The type of services provided,
• The appropriate level of each service,
• The arrangement or pattern of services,
• The timing of the necessary services,
• Who should provide the services,
• Who should benefit from and pay for the necessary services,
• The differential cost of providing services in different geographic areas.

Summary of Findings and Conclusion

Sanitary Sewage Treatment

• Twenty different management agencies either collect, treat, plan or regulate existing sewage facilities serving the urban portions of Clackamas County.
• The County's approved Sewerage Facilities Master Plan is the guiding planning document for the development and operation of wastewater facilities in Clackamas County.
• Improving sewage facilities is highly capital intensive. Current rates and charges, including either user rates or system development charges, will likely need to be increased over the next twenty-year period to fund major capital improvement programs.
• All future sanitary facilities must comply with federal, state and regional water quality goals and regulations.
• Provision of sanitary facilities must be coordinated with other essential facilities and services.

Water

• At present, a sufficient supply and source of drinking water exists to serve the projected urban population needs of Clackamas County.
• The County Health Department has identified 232 public water districts serving four or more households.
• The primary sources of water are Bull Run, Clackamas River, Molalla River and groundwater. Wilsonville has recently decided to use the Willamette River as a municipal water source.
• Although the Clackamas River is an excellent source of water, there is a potential problem of "over-allocating" individual water rights relative to the available water supply.
• Many purveyors will need to expand their in-system storage capacity to meet 20-year demands. This storage is needed to meet short-term emergency fire demands in excess of transmission facility capacity and peak demand.
• Many of the smaller private purveyors have inadequate treatment systems and little storage capacity to meet 20-year demands.
• Information concerning groundwater is incomplete. At present data are incomplete on quantities of groundwater withdrawn by private users. (See Natural Resources and Energy chapter, Groundwater Section.)
• The Regional Water Providers Consortium provides a forum for water purveyors serving the urban areas of the County to discuss regional water issues, including revision of service areas. Final decisions regarding actual services will continue to be made by local service providers.

Storm Drainage

• Storm drainage basin planning is substantially complete for the urban areas of Clackamas County using a 20-year planning period, and that planning is in process for Urban Reserves.
• The County currently lacks a comprehensive stormwater system and lacks mechanisms for upgrading inadequate sections for the urban areas. The service providers are working on planning and building regional facilities for water quality and quantity.
• The County has stormwater improvement requirements that include on-site detention and provide options for regional detention and the service providers are working on water quality requirements.
• The Endangered Species Act and the listing of Steelhead and Salmon as threatened species are critical considerations in the formulation of surface water management policy.
• Implementation of any storm drainage program requires a major financial investment. Federal and state revenue sources are insufficient to support major storm drainage improvements. Local methods of finance will be more heavily relied upon to develop storm drainage improvements.

Solid Waste

• Disposal of solid waste materials is a regional problem necessitating a regional solution. Metro is the regional planning authority charged with the responsibility of overall planning, siting and management of solid waste disposal in the metropolitan area. Metro is also responsible for state-mandated recycling and recovery in the tri-county region.
• Metro has made arrangements with a private firm to construct a new landfill in Arlington, Oregon to accept the region's solid wastes.
• Solid Waste facilities in Clackamas County are the Metro South Transfer Station, Sandy Transfer Station and Mt. Hood Refuse Center, and the Canby Transfer and Recycling Station. The only mixed waste processing center in Clackamas County is KB Recycling, although other centers in adjacent Counties serve Clackamas County as well. Several yard debris processors and composting facilities are located in Clackamas County.
   

Fire and Emergency Medical

• The level of fire safety in any community depends upon several factors, including: water supply and pressure, fire station staffing, condition of transportation routes, travel times, distance between vegetation and buildings, fire agency capabilities, and housing densities.
• Nine fire districts provide fire and emergency medical services to the unincorporated portions of Clackamas County.
• An intergovernmental agreement between the fire agencies and the County establishes one Fire Code for all agencies (implemented by the Building Department and at Development Review).
• Each fire agency's response standard and its capabilities are established by its governing body and vary based on community taxpayer support.
• Automatic and mutual assistance agreements exist countywide that address routine to catastrophic incident response, and are updated on a regular basis, or as needed under the auspices of the Clackamas Fire Defense Board.

Law Enforcement

• Police services are provided by nine agencies in Clackamas County. Clackamas County's Sheriff's Department serves by far the largest geographic area including contractual patrol services to Happy Valley, Johnson City, Rivergrove, Wilsonville and Estacada.
• The Sheriff's Department operates and maintains the only County jail facility, which is located on the Red Soils complex in Oregon City.
• The County operates and maintains a radio system and dispatch facilities that provide communication services for the fire, emergency medical system, and law enforcement providers in the County. The cities of Lake Oswego and Gladstone maintain separate dispatch facilities for fire, emergency medical system, and police services. The City of Milwaukie provides its own police dispatch center.
  There is an "enhanced" 9-1-1 telephone system that serves all of Clackamas County.

Schools

• Ten separate school districts operate 105 public primary and secondary schools in Clackamas County.
• Coordination between the County Planning Division and school district administrations can be improved, particularly in reviewing new subdivisions and reviewing the location of additional school facilities. Due to state land use law, schools cannot be compensated for the impact of development, nor can the County limit development based on inadequate school capacity.

County Government

• During the past decade, Clackamas County has experienced significant population growth, resulting in expanded levels of governmental services. As a consequence, the County has leased space in a number of locations. A Master Facility and Space Consolidation Plan should be implemented by the County.
• Clackamas County, in its role of coordinator for public facilities as required by the Land Conservation and Development Commission's (LCDC's) Goal 11, has adopted a Public Facilities Plan for the North Clackamas Urban Area. It describes facilities for sanitary sewage treatment, storm drainage, public water, and transportation. It describes the existing facilities, future needs for 5-year and 20-year periods, the cost of meeting those needs, and the sources of funding expected to pay for the expansions.
   

Public Facilities

Clackamas County adopts as supporting documents to this Plan the public facilities plans titled, "Transportation Element", "Sanitary Sewerage Services", "Water Systems", and "Storm Drainage Element", including the public facility project titles contained therein. The public facility projects' locations or service areas are shown on maps contained within the above reports. Additional supporting documents are the master plans for Cow and Sieben Creeks, Kellogg/Mt. Scott Creek, and Rock and Richardson Creeks.

Public Faciliies Goals

• Maintain and improve the quality of Clackamas County's streams, lakes, waterways and groundwater.
• Provide for the location and development of sanitary sewage treatment, collection and reuse facilities to support existing and future land use development in all urban areas of the County.
• Provide for the location and development of drinking water facilities to support existing and future land development.
• Protect the quantity and quality of drinking water supplies.
• Coordinate the location and size of drinking water facilities with appropriate water purveyors.
• Minimize stormwater runoff, water pollution, siltation, soil erosion and flooding.
• Improve fish habitat and support recovery of aquatic species.
• Require adequate storm drainage, public sanitary sewer and public water service concurrent with development in areas that require these services.
• Provide a systematic control for the collection, transport, storage, separation, processing, recycling, resource recovery and disposal of solid waste.
• Minimize the impact on air, land and water quality and neighborhoods when siting sanitary landfills.

7.A Sanitary Sewage Treatment Policies

7.A.1 Recognize County responsibility for operating, planning and regulating wastewater systems as designated in the approved Sewerage Facilities Master Plan.

7.A.2 Recognize that Clackamas County Service District No. 1, Tri-City Service District, Oak Lodge Sanitary District, the Unified Sewerage Agency and the City of Portland have responsibility for operating, planning, and regulating wastewater systems as designated in the approved Sewerage Facilities Master Plan.

7.A.3 Require all agencies that provide sewer treatment and collection services in Clackamas County to be consistent with a DEQ approved Sewerage Facilities Master Plan.

7.A.4 Ensure that sewage facilities in Clackamas County are developed and maintained by the appropriate sanitary district, county service district or city.

7.A.5 Require, if necessary, provision of sanitary sewers prior to development in areas identified as "health hazards" by the State of Oregon.

7.A.6 Require sanitary sewage service agencies to coordinate extension of sanitary services with other key facilities, i.e., water, transportation, and storm drainage systems, which are necessary to serve additional lands.

7.A.7 Require the timely and orderly provision of sanitary sewers in all Immediate Urban areas except those identified as Floodplain and other hazard areas.

7.A.8 Prohibit new on-site sewage disposal systems within Urban Growth Boundaries except for:

7.A.8.1 A lot of record outside of a sewage service district, legally recorded prior to January 31, 1980; or

7.A.8.2 Parcels of ten acres or larger in Future Urban areas inside the Metro Urban Growth Boundary (UGB); or

7.A.8.3 Outside the Metro UGB on lots that conform to the minimum lot size of the zone; or

7.A.8.4 Parcels inside a sewage service district having unique topographic or other natural features that make sewer extension impractical as determined on a case by case basis by the sewer service provider.

7.A.9 Except as provided by the Oregon Revised Statutes for abandoned or diminished mill sites in "Rural" designated areas, and except as provided in OAR 660-011-0060(3), (4), (8), and (9) and consistent with Statewide Planning Goal 11, prohibit:

7.A.9.1 The establishment of new sewer systems, as defined in OAR 660-011-0060(1), outside urban growth boundaries or unincorporated communities;

7.A.9.2 The extension of sewer lines from within urban growth boundaries or unincorporated community boundaries in order to serve uses on land outside those boundaries;

7.A.9.3 The extension of sewer systems, as defined in OAR 660-011-0060(1), that currently serve land outside urban growth boundaries and unincorporated community boundaries in order to serve uses that are outside such boundaries and are not served by the system on July 28, 1998.

7.A.10 Allow sewerage systems in the Wildwood/Timberline, Zigzag Village, Rhododendron, Wemme/Welches, Government Camp and Boring Unincorporated Communities, provided such systems are not allowed to expand outside the boundaries of these communities, except as provided by the Oregon Revised Statutes for abandoned or diminished mill sites or as otherwise provided by Policies 7.A.9 or 7.A.11.

7.A.11 Allow DEQ approved sewage disposal systems in "Agricultural" and "Forest" designated areas if:

7.A.11.1 Necessary to alleviate a public health hazard or water pollution problem that has been identified by the State of Oregon.

7.A.11.2 Necessary for parks or recreation lands when consistent with the protection of forests and agriculture, or for housing necessary for the conduct of forest or agriculture related activities.

7.A.12 Coordinate the review of development applications with the appropriate sanitary sewer service provider to ensure that approval is not granted in the absence of adequate sanitary sewer facilities or a mechanism to provide them concurrently with development.

7.B Water Policies

7.B.1 Develop a Countywide program for domestic water source development.

7.B.2 Require all public water purveyors to design the extension of water facilities at levels consistent with the land use element of the Comprehensive Plan. Capacity suitable for fire protection needs to be included.

7.B.3 Require water purveyors in urban areas to coordinate the extension of water services with other key facilities, i.e., transportation, sanitary sewers, and storm drainage facilities, necessary to serve additional lands.

7.B.4 Encourage development in urban areas where adequate urban water facilities already exist.

7.B.5 Require water service purveyors to provide water services for non-urban areas at levels appropriate for non-urban use.

7.B.6 Coordinate the review of development applications with the appropriate water service provider to ensure that approval is not granted in the absence of adequate water facilities or a mechanism to provide them concurrently with development.

7.C Storm Drainage Policies

7.C.1 Require all new developments to meet the development standards of the appropriate service provider.

7.C.2 Require submission of storm drainage, water quality and erosion control plans prior to approval of all new development, and implementation of such plans.

7.C.3 Require that urban stormwater runoff be minimized by nonstructural controls, where feasible, to maintain the quality and quantity of runoff in natural drainage ways. These areas may be calculated as part of the required open space.

7.C.4 Require runoff from impervious surfaces to be collected and treated, as required by the appropriate service provider, prior to discharge to a natural drainage way capable of accepting the discharge.

7.C.5 Require control measures to minimize erosion and sedimentation during construction. The method of retention and control shall be approved by the appropriate service provider.

7.C.6 Stabilize drainage ways as necessary below drainage and culvert discharge points for a distance sufficient to minimize erosion created by the discharge.

7.C.7 Determine the responsibility for installation of storm drainage systems prior to final approval of all new developments.

7.C.8 Coordinate the review of development applications with the appropriate storm drainage service provider to ensure that approval is not granted in the absence of adequate storm drainage facilities or a mechanism to provide them concurrently with development.

7.D Solid Waste Policies

7.D.1 Coordinate with Metro in the proper siting and operation of solid waste facilities in Clackamas County.

7.D.2 Require future sanitary landfill sites to meet appropriate State and regional siting criteria and regulations.

7.D.3 Ensure that the operation of solid waste facilities and services is consistent with County Solid Waste and Waste Management Ordinances.

7.D.4 The guiding policy for waste management in the County should be based on the following priorities:

7.D.4.1 Reduce the amount of solid waste generated.

7.D.4.2 Reuse material for the purpose for which it was originally intended.

7.D.4.3 Recycle material that cannot be reused.

7.D.4.4 Compost material that cannot be reused or recycled.

7.D.4.5 Recover energy from solid waste that cannot be reused, recycled, or composted so long as the energy recovery facility preserves the quality of air, water, and land resources.

7.D.4.6 Dispose of, by landfilling, any solid waste that cannot be reused, recycled, composted or from which energy cannot be recovered.

7.E Street Lighting Policies

7.E.1 Encourage provision of street lighting for all new and existing developments inside the Urban Growth Boundary.

7.E.2 Outside urban growth boundaries, discourage installation of street lighting except in Unincorporated Communities and in subdivisions with lots of one acre or less. This policy is not intended to prevent installation of individual lights necessary for security or public safety.

Public Services

Public Services Goals

• Support a sufficient level of fire safety and prevention in all areas of the County in order to minimize the risk of fire damage to the life and property of all residents.
• Develop and maintain County law enforcement and correction services to provide safety to all County residents.
• Coordinate proposed land use actions and Plan amendments with school districts.
• Coordinate the location and size of future school sites with appropriate school districts.
• Support school facilities as focal points of community activity subject to available funding and interest.
• Locate County governmental facilities to maximize service to all County residents in the most cost efficient manner.

7.F Fire Policies

7.F.1 Facilitate coordination between fire districts and developers prior to approval of future development to insure appropriate levels of fire safety.

7.F.2 Encourage all public water purveyors to maintain a sufficient amount of water storage and pressure within the system to maintain minimum fire flow.

7.F.3 Coordinate with fire and water districts in locating fire hydrants in new development.

7.G Law Enforcement Policies

7.G.1 Encourage provision of the appropriate level of Sheriff services in urban and rural areas.

7.G.2 Review proposals for additional law enforcement and correction facilities to assure that such proposals are consistent with the Comprehensive Plan and policies.

7.H Education Policies

7.H.1 Encourage maximum use of school facilities.

7.H.2 Support proposals that recommend using school facilities or portions of school facilities for senior citizen, day-care, or preschool age children activities.

7.H.3 Encourage development of portions of school property or adjacent property as neighborhood park and recreation facilities in park deficient areas.

7.H.4 Require notification to school districts of all subdivision applications.

7.H.5 Encourage the location of schools in the urban areas within a safe walking distance for students.

7.H.6 Encourage barrier free elementary school service areas, i.e., minimize service areas bisected by major arterials, highways, railroads, waterways, commercial or industrial areas.

7.H.7 Encourage junior and senior high schools to be centrally located on, or near, an arterial within its service area.

7.I County Government Policies

7.I.1 Promote consolidation of County services and facilities whenever possible.

7.I.2 Work toward developing a major centralized facility for County Government.

7.I.3 Encourage the location of Human Resource services in locations convenient to the citizens of the County.

Last Amended 10/23/21

If any community is to thrive and prosper, jobs must be available to provide income for its residents. The type, quality, wage rates, and variety of jobs available in the community determine, to a large extent, the lifestyle and well-being of its residents.

The economy of Clackamas County is not separable from that of surrounding urban areas, nor is it uniform throughout. The northwest urban portion of the County clearly is part of the highly diversified urban economy of the Portland metropolitan area, with similar industries, and many retail and service businesses to serve the large urban population. The rural parts of the County and the cities lying outside the northwest urban area have traditionally been timber- or agriculture-based economies; however, residents are increasingly commuting to jobs in the Portland and Salem urban areas.

Issues

• Providing jobs for existing and expected population
• Job locations, numbers, and types
• Balancing community livability and environmental quality with economic development
• Protecting existing firms
• Industrial and commercial growth
• Types and locations of commercial and industrial development
• Quality of industrial and commercial areas
• Relationship of industrial land uses and environmentally sensitive areas
• Relationships of commercial and industrial sites to housing and transportation
• Future of natural-resource-based industries
• Relationship of increased employment and accelerated immigration
• Home occupations
• Adapting to the information/global/service economy.

Summary of Findings and Conclusion

• The County contained approximately 86,500 nonagricultural jobs in 1987. An increase of up to 48,100 new jobs is expected by the year 2010.
• Clackamas County's economy was traditionally dominated by natural-resource-oriented industry, but has become increasingly diversified, especially in the urban area.
• Half of County residents commute out of the County to work.
• Timber-related employment declined substantially in the 1980s, and is expected to remain relatively low because of increasing productivity and the limited timber supply.
• Decline in natural-resource-related employment could be offset somewhat by improved management in some classes of timber lands, fully processing timber materials now considered waste, and increased secondary processing of wood products. Improved food processing facilities and other support services for agriculture might increase agricultural and related employment.
• Most of the County's industrial areas are along the Milwaukie Expressway, Highway 212 east of I-205, and in Wilsonville. These areas have good rail and freeway access, public services, and some large parcels. These areas are filling up rapidly, with few large or easy-to-develop parcels remaining.
• Improved access to the Clackamas industrial area is needed if development potential is to be realized. Implementation of the Clackamas Industrial Area Urban Renewal Plan projects will substantially improve transportation and other public facility needs in the area.
• Much of the vacant industrial land in the Milwaukie Expressway-Clackamas industrial area is in small parcels. Conversion of Camp Withycombe in the Clackamas area from a National Guard Camp to industrial use offers the best opportunity to obtain needed acreage of prime industrial land in a large parcel.
• Most of the County's commercial land is in centers focused on I-205 or I-5 interchanges; in "strips" along McLoughlin Boulevard, 82nd Avenue, and other major arterials; or in the downtowns of cities. Downtowns of cities in the northwest urban area tend to be small, providing a limited range of goods and services.
• Clackamas Town Center, a regional shopping center, has had a major impact on the commercial areas of the northwest urban portion of the County.
• Most industrial and commercial areas of the County are primarily accessed by private automobile.
• Nationwide, small firms provide a significant amount of new employment opportunities. New technology development also frequently occurs in small, new firms.
• Clackamas County took a very active role in attracting economic development during the 1980s, including working with a very active Economic Development Commission and its subcommittees, developing one of the first strategic economic development plans in the state, developing two urban renewal plans for prime industrial and commercial development areas, working with task forces to develop special area plans, working on the Governor's Regional Strategy Program as well as with several other state programs for economic development, and actively marketing the County and its cities.

Goals

• Establish a broad-based, stable, and growing economy to provide employment opportunities to meet the needs of the County's residents.
• Retain and support the expansion of existing industries and businesses.
• Attract new industrial and commercial development that is consistent with environmental quality, community livability, and the needs of County residents.

8.A Existing Industry and Business Policies

8.A.1 Protect established industrial and commercial areas from encroachment by incompatible land uses.

8.A.2 Encourage maintenance of sufficient vacant lands to provide room for the future expansion or relocation of the County's industry and business.

8.A.3 Facilitate the efficient operation of existing firms in the urban area by giving high priority to equality in public services including law enforcement, water service and fire protection, storm drainage, sewer, transit, pedestrian and bike access, road maintenance, and traffic access and circulation.

8.A.4 Develop and implement strategies to revitalize and/or maintain established commercial areas considering such things as parking needs, pedestrian/auto conflicts, traffic circulation, historic character, compatibility of activities, potential for new development, compatibility of new development, transit service, pedestrian and bike access, and merchant participation.

8.A.5 Encourage natural-resource-oriented industries by:

8.A.5.1 Encouraging timberland owners to use sound timber management practices and promote a sustained harvest.

8.A.5.2 Identifying and recruiting firms doing secondary wood processing using wood products now underutilized or considered waste, i.e., hardwoods, slash materials, etc.

8.A.5.3 Encouraging food processing industries and other support services for agriculture in the rural areas.

8.A.6 Consider impacts on established commercial areas prior to approving Comprehensive Plan changes for major new commercial areas. High priority should be given to retaining the viability of affected downtowns.

8.B New Industry and Business Policies

8.B.1 Provide sufficient industrial land of the types identified in the Industrial section of Chapter 4, Land Use.

8.B.2 Provide sufficient commercial land of the types identified in the Commercial section of Chapter 4, Land Use, and in the Plans found in Chapter 10, Community Plans and Design Plans.

8.B.3 Give high priority to provision of sewer, water, and road services to growing industrial areas.

8.B.4 Encourage the location of business and industry in areas that minimize the journey to work and/or facilitate mass transit usage for the journey to work.

8.B.5 Encourage Tri-Met to provide better transit service. Specifically, improve service to commercial centers, small city downtowns, and the Clackamas industrial area.

8.B.6 Provide for a broad range of types and sizes of industrial and commercial development to provide a broad cross section of employment opportunities for residents.

8.B.7 Encourage the retention of vacant industrial and commercial lands in large parcels until committed for development, at which time overall development plans should be prepared for the site.

8.B.8 Support the conversion and development of Camp Withycombe as it is designated in the Comprehensive Plan.

8.B.9 Facilitate home occupations within the constraints of neighborhood quality, subject to standards, including:

• Visual compatibility with neighborhood and appropriate buffering
• No unsightly or distracting storage, smoke, dust, noise, etc.
• No excessive increase in traffic, especially truck traffic
• No excessive parking of vehicles on the property

8.B.10 Require design review approval for all industrial and commercial development, addressing:

• Compatibility with surrounding areas, including buffering, scale, and materials of buildings, and scale and type of plants
• Visual impact of landscaping and lot coverage
• Energy efficiency in site planning and building design
• Storm drainage retention and control
• Access, including internal truck and auto circulation in commercial developments
• Outdoor storage and location of parking and loading
• Identification and directional signing
• Noise abatement
• Pedestrian, bike, and carpool facilities
• Support of transit usage
• Site security

8.B.11 Gradually modify strip commercial areas into more functional and attractive development with consolidated access to the street where possible. Exempt clearly highway-oriented uses (such as gasoline stations).

8.B.12 Encourage design and circulation plans to be prepared for major industrial and commercial areas in the County, primarily aimed at providing a cohesive, integrated overall development pattern.

8.C Coordination Policies

8.C.1 Develop a working partnership with the cities, private sector, and various agencies and organizations to meet the economic needs of the County.

8.C.2 Encourage the County Economic Development Commission to take a leading role in directing and coordinating economic development activities in the County.

8.C.3 Cooperate with the Metropolitan Service District, Portland Development Commission, Port of Portland, and Oregon Economic Development Division in economic development planning and implementation efforts.

8.C.4 Cooperate with the private sector to achieve economic development in the County.

8.C.5 Coordinate with local jurisdictions to obtain compatible policies, ordinances, and land-use designations for economic development.

8.D Target Industries Policy

8.D.1 Encourage the development of the following target industries in County planning areas:

• Metals and Machinery Manufacturing
• Instruments and Electrical Equipment Manufacturing
• Wholesale Trade, Distribution Centers, Warehousing
• Business Centers
• Destination Retail
• Class "A" Offices
• Destination Restaurants
• Hotels/Motels/Conference Facilities
• Tourism/Destination Attractions and Accommodations
• Agriculture/Horticulture and Specialty Crops

Last Amended 10/13/14

The conservation of land, water, and historic resources, and the related provision of recreation opportunities, is one of the most important factors in maintaining the quality of life which has made Clackamas County an attractive place to live. Recently, however, the urban area in particular has experienced a sharp jump in population, with substantial changes in the physical environment. Population growth is inevitable, at least for the foreseeable future, but the degradation of our communities is not.

Numerous natural, historic and recreation resources will continue to be available for everyone's enjoyment if the commitment is made to preserve them. The streams and river corridors, the steep wooded hillsides, marshes and wetlands, the rich farmlands, and the vast, magnificent mountains form a natural network of significant benefit. A distinctive building or section of the Barlow Trail provide us with an historical context which can be an important part of our identity. They give us a feeling of continuity, a connection with the past and with the future. Recreation resources are also important but, unlike the others, these need to be built up, changed, and improved as the demands of the people who use them change. This must be done within the limits of the natural resource systems. For instance, the natural characteristics of a stream must not be sacrificed to satisfy the demands of the people who use it for recreation. Rather, more recreation opportunities must be developed elsewhere to satisfy the demand.

This example illustrates the need for a resource conservation and recreation development strategy for Clackamas County. In the past there was ample open space and a wide selection of recreation activities available to virtually everyone. With little urban development pressure, there was little need to preserve either natural or man-made resources. Now the pressures on these resources are increasing, and will continue to mount in the future. Population density and recreation needs are rising, once cherished local open spaces are disappearing, and more people are demanding more places for a variety of recreation activities. It is increasingly clear that our options and opportunities, especially within the urban area, are becoming fewer every day. The County must take the lead to preserve the resources and develop facilities which will assure that a high quality of life is available to all County residents.

Open Space, Parks and Historic Sites Goals

• Goal 1: Protect the open space resources of Clackamas County.
• Goal 2: Improve the environmental quality of the northwest urban area.
• Goal 3: Provide land, facilities, and programs which meet the recreation needs of County residents and visitors.
• Goal 4: Establish an equitable means of financing parks and recreation facilities and programs.
  Goal 5: Preserve the historical, archaeological, and cultural resources of the County.

Issues

• The effective protection of an adequate amount of open space, especially within the urban area
• The provision of adequate local recreation land, facilities and programs to meet the needs of residents and visitors
• The type of financial strategy needed to acquire, develop, and maintain recreation facilities
• The preservation of historically or culturally significant sites and structures

Summary of Findings and Conclusion

• Although approximately one-third of the urban area is open land at the present time, only about 5 percent is effectively preserved, and most of the balance could disappear over the next 20 years.
• Many of the areas which are a natural part of the open space network also are areas subject to natural hazards (over 11 percent of the land in the urban area), are valuable as natural resource areas, and provide natural buffers between urban communities. The two primary components of the network are stream and river corridors and forested hillsides.
• An effective land use regulation process will have to be established over the area designated as open space. Without this process, no effective preservation is possible in areas which are not acquired.
• The north urban area of the County (Census Tracts 208 through 226) is significantly deficient in public park land--approximately 2.8 acres per 1,000 population as compared to the standard of 10 acres per 1,000 population. Well over half of the total park acreage is undeveloped.
• The most deficient categories are neighborhood and community parks, particularly east of the Willamette River where there are fewer than two park acres per 1,000 population. The unincorporated part of this area is especially deficient. The north urban area also has less than average play field acreage at some schools. Serious deficiencies exist in other recreation facilities as well, especially public swimming pools and beaches, tennis and multipurpose courts, ball fields, and various types of trail systems.
• As the urbanizing area is filled in, the need for parks and other recreation facilities will intensify since the informal play areas and open spaces will no longer be there. There is a need to develop local facilities and site them for access by foot and transit. However the amount of vacant land suitable for park development in the east urban area is very limited. It is imperative that suitable acreage be acquired quickly in this area before it has been irreversibly committed to development.
• In order to meet minimum standards for the expected north urban area population, the amount of park acreage will have to be increased. Local governments are responsible for the provision of most urban area recreation facilities and cannot necessarily expect assistance from the state or federal governments in meeting urban area park needs.
• Consideration must be given to various methods of financing the provision of adequate park and recreation facilities and programs in the urban area. A park and recreation district would probably be the best solution. It could either cover the entire urban area, or just the unincorporated area and any interested cities. Local improvement districts (LIDs) are another method. A system development charge or real estate transfer tax also should be considered to provide new facilities for the developing areas. A capital improvements program (CIP) should be instituted to make better use of all available funds.
• Many historic sites and structures in Clackamas County are in disrepair and may be expensive to restore and maintain. While many can be adapted to contemporary use, care must be taken not to harm the features which made the structure or site significant.
• Many historical features in the County are located in areas where land is quite valuable and subject to redevelopment pressure. They are often overwhelmed by surrounding developments or destroyed because their value is not recognized.
• Archaeological sites are often difficult to locate due to the lack of a written historical record. This frequently means that they have been unknowingly destroyed. These sites, even when known, cannot be specifically identified in the inventory because of their sensitivity to exploration.
   

Open Space

The preservation of open space is a necessity if the quality of life, particularly in the northwest urban area, is to be maintained and enhanced. The following goals and policies supplement those found in the Land Use Chapter.

• Open Space Goal 1: Protect the open space resources of Clackamas County.
• Open Space Goal 2: Improve the environmental quality of the northwest urban area.

9.A Open Space Policies

9.A.1 Initiate an environmental management program to ensure the retention and enhancement of environmental quality and open space values, particularly in the urban area.

9.A.1.1 The program will resolve conflicts between a proposed land use activity (e.g., housing, timber harvesting) and the open space, scenic, historic, and natural resources of the County. The social, economic, environmental, and energy consequences of the proposed action will be identified. Changes may then be required in the proposal in order to minimize any adverse impact upon these resources. Policies from other sections of this chapter may be relevant.

9.A.1.2 Detail the nature and character of visually sensitive areas (see Natural Resources and Energy Chapter). This information will be used in the site analysis outlined in Policy 4.GG.5 of the Open Space section of the Land Use Chapter.

9.A.1.3 Provide site management assistance for lands which are maintained as open space, including utilization of the County's professional expertise to advise property owners on methods of land management.

9.A.1.4 Initiate an urban tree conservation and planting program in cooperation with business and community groups. This program should include street tree plantings, with an emphasis on major arterials, and regulation of the removal of trees and other significant vegetation which may have value as a feature of the urban area open space (see Forestry section of Natural Resources and Energy Chapter).

9.A.2 Use the Open Space Network Map, which has identified desirable open space within the urban area, natural areas identified through the Metropolitan Greenspaces Master Plan and natural areas within Metro's Urban Reserve Area, as the guide for public acquisition of open space (willing seller, willing buyer basis only) and open space dedication during the development process (see map 9-1).

9.A.2.1 Refine the open space network to more specifically focus on local neighborhood and community needs. This refinement should consider the relationship between lot and ownership patterns and the natural systems and features of the open space network. The map should also indicate suitable areas for clustering development, and appropriate combinations of adjoining properties which would achieve the best balance of urban development and open space within each community.

9.A.2.2 Major adjustments to this map shall be incorporated onto the Land Use Map as they occur, in accordance with the amendment process outlined in the Planning Process Chapter. Minor adjustments will be considered compatible with the existing map.

9.A.2.3 Open Space Management zoning may be applied to natural areas identified through the Metropolitan Greenspaces Master Plan and natural areas within Metro's Urban Reserve Area, when under public or common ownership.

9.A.3 Protect open space resources outside the urban area through the policies of the Land Use and the Natural Resources and Energy chapters of the Plan, specifically the policies for agriculture, forestry, water resources, wildlife habitats, and distinctive resource areas.

9.A.4 Use all available methods of acquiring or protecting open space for the enjoyment of all County residents including the following.

9.A.4.1 Finance the purchase of open space land either in combination with an urban area parks and recreation district acquisition program (see Parks and Recreation Policy 9.B.7) or through a special funding measure based on all taxable property in the urban area. Full-fee acquisitions, development-rights purchase and scenic easements, among other methods, may be used to implement this program. The County will maximize the use of local money through the aggressive pursuit of federal and state funds.

9.A.4.2 Set standards for accepting land dedications as part of subdivision or PUD approval. If the site contains land designated as Open Space, that land should have the highest priority for open space dedication.

9.A.4.3 Publish and distribute information indicating desirable areas for land donations, what procedure to follow, and how the donor will benefit.

9.A.4.4 Support the state's existing property tax reduction program for all property in designated Open Space areas as long as they are maintained as open space.

9.A.5 Establish responsibility through an existing or new commission to advise the County on the preservation of open space, natural, scenic, historic and cultural resources, and the provision of adequate recreation sites. The existing Parks Advisory Board could be expanded to assume this role; however, given the extent of responsibility, formation of a new commission may be necessary.

9.A.6 Cooperate with ODOT in addressing specific location and completion of the Goal 5 process for the Sandy River and Indian Ridge trails after general trail alignment is determined by ODOT.

Parks and Recreation

Clackamas County, like all rapidly urbanizing areas, needs to set aside land and develop facilities for the recreation and enjoyment of its residents and visitors. Various types of parks, urban recreation trails, and a number of outdoor and indoor recreational facilities will be needed over the next 20 years. Recognizing the limitations of existing facilities, priorities and standards have been set for the acquisition and development of land for recreation purposes, with a strong emphasis on the urban area.

The initial step is a commitment to provide an adequate park and recreation system to meet the needs of the people. This commitment must be met, however, within an overall strategy that considers the other legitimate needs of County residents. Different types of budgetary and funding mechanisms will need to be used and many segments of the community involved, including all governmental jurisdictions and the private sector.

Parks and Recreation Goal 3: Provide land, facilities, and programs which meet the recreation needs of County residents and visitors.

Parks and Recreation Goal 4: Establish an equitable means of financing parks and recreation facilities and programs.

9.B Parks and Recreation Policies

9.B.1 Utilize the park classifications and standards identified in Table 9-1 to guide the provision of parks and other recreation facilities throughout the County.

9.B.1.1 The County will seek to establish a park and recreation system which maximizes access for walkers, hikers, bicyclists and transit riders.

9.B.1.2 The County will seek to provide improved access and conveniences for disabled people in its park and recreation facilities.

9.B.2 Acquire and develop park sites in the urban area in order to bring that part of the County up to adopted standards. Due to the significant lack of parks and open space, the north urban area should be given special emphasis, particularly the Oak Lodge and Overland/Kendall neighborhoods.

9.B.2.1 The following park land will be acquired by the County or other appropriate agency as soon as possible (see map 9-2 for subarea boundaries):

• Subarea A 
  not in County parks planning area
• Subarea B 
  neighborhood parks: 150 acres
  community parks: 150 acres
  metropolitan parks: 250 acres
• Subarea C 
  neighborhood parks: 40 acres
  community parks: 20 acres
  metropolitan parks: 80 acres
• Subarea D
  not in County parks planning area

Following is the projected total parks acreage needed over the next 20 years:

• Subarea A 
  not in County parks planning area
• Subarea B 
  neighborhood parks: 225 acres
  community parks: 225 acres
  metropolitan parks: 450 acres
• Subarea C 
  neighborhood parks: 75 acres
  community parks: 75 acres
  metropolitan parks: 150 acres
• Subarea D 
  not in County parks planning area

(The above acreage requirements are based on the standards outlined in Table 9-1, Metro 1987 population figures, and 2010 population forecasts.)

9.B.2.2 Parks and other recreation sites will be developed with facilities to meet the short-term recreation needs of residents (see the Parks, Open Space, Historic Sites Background Report for information on determining recreation needs). The following is a partial list of desirable facilities for Subareas B and C:

• • 5-6 swimming pools
• • 3,000 feet of swimming beach
• • 300-400 miles of pedestrian ways (including sidewalks)
• • 100-150 miles of bike trails
• • 30 ball fields
• • 35 tennis courts
• • 2 community centers

Many other facilities will also be needed to meet the expected demand over the next 20 years.

9.B.3 Coordinate the provision of recreational opportunities in rural areas with other local, regional, state, and federal agencies (e.g., school districts, Willamette Greenway Program).

9.B.4 Consider the need to protect environmentally sensitive areas from overuse as well as satisfy the needs of County residents and visitors in developing area park and recreation facilities.

9.B.5 Pursue the following priorities for recreation land acquisition and development, subject to review and update at regular intervals. As a general strategy, acquisition will have priority over development, due to the rate of urban development on good park sites.

9.B.5.1 Acquisition Priorities

• Priority 1: Land suitable for neighborhood or community park development in subarea B, recognizing the significant lack of both existing park facilities and available land. Action should be taken immediately to acquire as many suitable parcels as possible in the unincorporated urban area to assure an adequate amount of park land for the future.
• Priority 2: Neighborhood and community parks in subarea C. Parks should be acquired prior to or as residential areas are developed. Action should be taken immediately due to the rapid pace of development currently taking place in this area. Acquire community park sites within the open space network.
• Priority 3: A metropolitan park site for the eastern part of the urban area. This site should be centrally located and easily accessible to both Subareas B and C. Because of the requirements for this type of park, Mt. Talbert should be considered as a potential site.

9.B.5.2 Development Needs

• An urban trail system for both walking and bicycling, especially in conjunction with the development of neighborhood and community parks. Use should be made of open space linkages along creek and river banks, ridgelines, and existing rights-of-way. Open space dedication at the time of development will be used as a means of completing this trail system (see map 9-1).
• Swimming pools in community and metropolitan parks. A diversity of pool types is preferred, ranging from small, outdoor pools to a large, indoor, Olympic-sized pool.
• Neighborhood parks, which would include children's play equipment, picnic facilities, and informal open space. These parks should be strategically located so that no resident would travel more than one mile to reach the facilities.
• Ball fields as part of neighborhood and community parks, with sufficient area for several different simultaneous activities.
• Multipurpose courts in neighborhood and community parks.
• Natural areas as part of all three major urban area park types.

9.B.5.3 Use the preceding list of needs as a general guide for acquiring and developing recreation areas in the County. The list should be updated at least once every two years. Any funds available for general park and recreation development should be used in these priority areas. Donations of land outside the urban area should be accepted by the County. Purchase of additional land in the rural portions of the County may be considered if the land is a significant natural area that is being seriously threatened.

9.B.5.4 Establish a park and recreation site selection process, with location as the primary determining factor. All future acquisition and development programs should also take into account: (a) areas of substantial need; (b) how well a site meets the relative recreation needs of the service area; (c) the suitability of environmental conditions; (d) fiscal feasibility; (e) threat of loss of valuable resource; and (f) opportunity for cooperative projects.

9.B.5.5 Use the following criteria when considering the timing of site acquisition: (a) unusually favorable acquisition opportunities; (b) the likelihood that the site will be lost to development; (c) the appreciation rate of property in the area; and (d) the existence of advantageous opportunities to cooperate with other public agencies or private organizations.

9.B.6 Require all new urban residential developments to contribute to the provision of park facilities in their communities proportionate to the need generated by the development and based on the park standards established in Policy 9.B.1.

9.B.6.1 Develop specifications for park and open space dedications and fees in coordination with urban area and/or local park acquisition programs. Options for the developer may be:

• Dedicate land for a new park on site which meets established standards and is approved by the County;
• Provide fees-in-lieu of park land or contribute to a systems development fund or other appropriate fund (see Process Chapter, Policy 11.B.10) in proportion to the standard; or
• Some combination of the above.

9.B.6.2 Provide for a density bonus to be available for land developed with recreation facilities dedicated to public use. The bonus will be used to encourage the provision of public recreation facilities in conjunction with large development projects (see Density Bonus Section of the Housing Chapter).

9.B.7 Recognize the North Clackamas Parks and Recreation District as a provider of a full range of recreation facilities and programs to urban residents within the District boundaries.

9.B.7.1 Provide for the district to assume ownership, planning, administration, acquisition, development and maintenance of all parks in the urban part of the County.

9.B.7.2 Provide for the district to initiate a recreation program, coordinate the use of publicly operated recreation facilities, and provide access to recreation services for all County residents, focusing on the special needs of urban area residents. The recreation program will attempt to meet the recreation needs of all age groups and serve as many different interest groups as possible. Potential programs include: soccer, softball, baseball, and basketball leagues; gymnastics, martial arts, volleyball, and exercise classes; arts and crafts classes; swimming lessons; free play time in a gymnasium for children and adults; and other activities. User or participant fees will be kept as low as possible, while an attempt will be made to recoup many of the costs involved in each program.

9.B.7.3 Allow the district to take over ownership and maintenance of all dedicated open space upon approval of the organization (e.g., homeowners association) or agency which holds the title.

9.B.8 Use all available and responsible means to reduce the cost of acquisition, development, operation and maintenance of parks and recreation facilities, while working toward the provision of facilities and programs specified in Policies 9.B.1 and 9.B.6.

9.B.8.1 Develop a capital improvements program for parks and recreation facilities to make efficient use of all funding sources and to plan for needed facilities and their maintenance.

9.B.8.2 Seek to place idle park or open space lands into revenue producing interim uses compatible with their ultimate use and with environmentally sound land management practices (e.g., agriculture, selective timber harvest, community gardens).

9.B.8.3 Prepare park development plans which easily adapt to changing conditions and the changing needs of County residents. Plans will phase development, where appropriate, in order to assess whether full development is warranted. Consideration will be given to materials and technologies that reduce development and long-term maintenance costs while maintaining environmental compatibility.

9.B.8.4 Encourage the private sector to help meet the recreation needs of County residents and visitors. The recreation program should use private facilities on a program-by-program basis when public facilities are not available. Where appropriate, nonprofit organizations will be encouraged to operate special purpose parks and facilities (e.g., nature exhibits, historic sites).

9.B.8.5 Support legislation to enable local governments to use up to 25 percent of their federal park and recreation grants for normal park operation and maintenance, rather than just for acquisition and development.

9.B.9 Coordinate County activities with other agencies and organizations to provide park and recreation facilities.

9.B.9.1 Coordinate the development of facilities and programs with the cities and school districts when mutual concerns exist.

9.B.9.2 Explore joint development projects in order to provide facilities needed by residents of both incorporated and unincorporated areas.

9.B.9.3 Avoid duplication of facilities through coordination with state and federal agencies and the private sector.

9.B.10 Ensure opportunities for citizen participation in park and recreation decisions as provided in the Citizen Involvement Chapter and Policy 9.A.5 of the Open Space Section of this chapter.

9.B.11 Upon application by local park providers and pursuant to OAR 660-034-0040, consider amendments to the Comprehensive Plan to adopt local park master plans for public parks proposed on lands designated Agriculture or Forest.

9.B.11.1 Recognize approval of a local park master plan by adopting the plan by reference in Appendix A.

9.B.11.2 Apply the Special Use Overlay District to land for which a local park master plan is adopted.

Historic Landmarks, Districts, and Transportation Corridors

Clackamas County has a rich and unique heritage from its founding through its development over time. Historic sites, objects, structures, and transportation corridors still remain which represent prehistory, the era of the Territorial Government, western migration along the Oregon Trail, the existence of the first and longest running electric street car line in the nation, the influence of the railroad on development and our heritage as an agricultural and lumber based economy. We are the stewards of these historic resources and charged through state law to protect and preserve them.

Cultural, economic, and social benefits can come from preservation of the County's historic resources. There is cultural value in establishing firm, visible links with the past. Economic benefits include enhanced property values, savings in structure replacement costs, tourism, and, in commercial areas, strengthened retail sales. Social and community benefits appear in the renewal of older neighborhoods and the increased pride fostered in the residents.

To effectively preserve historical resources, an evaluation must determine which structures and sites are worthy of preservation. A method of regulating the use or demolition of historic resources would then be necessary to protect them. It is essential that the County make a firm commitment to protect its historic resources.

Individual descriptions and maps of Clackamas County Historic Landmarks which are located within the urban area of the County can be found in the Clackamas County Historic Landmarks book, adopted by Clackamas County.

A detailed mapping project of the Barlow Road, the westernmost segment of the Oregon Trail, was undertaken in 1988. This document, entitled Maps of the Barlow Road, Mt. Hood to Oregon City, Clackamas County, prepared by the Planning and Economic Development Division, exhibits maps of the historic road corridor as well as associated historic sites. It also includes recommendations for a more detailed survey to assist in the preservation and management of this historic resource.

• Historic Landmarks, Districts, and Transportation Corridors Goal 5: Preserve the historical, archaeological, and cultural resources of the County.

9.C Historic Landmarks, Districts, and Transportation Corridors Policies

9.C.1 Conduct a comprehensive inventory in the County of historic areas, sites, structures, and objects. Inventory the location, quantity and quality of these resources using state and federal criteria.

9.C.2 The County adopts the Barlow Road Historic Corridor as defined by the Barlow Road Survey Project and the Barlow Road Background Report and Management Plan as a Clackamas County Historic Corridor. All provisions of the Historic Landmarks, Historic Districts and Historic Corridors Ordinance shall apply to the designated sites and historic corridor of the Barlow Road.

9.C.3 Develop criteria to further evaluate the significance of these historic resources using state and federal criteria as models.

9.C.4 Zone properties Historic Landmark (HL), Historic Districts (HD), or Historic Corridor (HC) which are determined significant by the evaluation criteria.

9.C.5 Identify conflicts by analyzing the economic, social, environmental, and energy consequences of land use actions with regard to significant historic resources.

9.C.6 Develop policies and programs to protect historic resources and minimize the conflicts.

9.C.7 Pursue private and public sources of funding for use by property owners in the renovation and maintenance of historic properties.

9.C.8 Pursue options and incentives to allow productive, reasonable use, and adaptive reuse of historic properties.

9.C.9 Appoint an Historic Review Board whose role is to protect and preserve Historic Landmarks, Districts, and Corridors and who individually have demonstrated interest and expertise in the field of Historic Preservation. This Board shall be empowered to:

9.C.9.1 Recommend zoning of Historic Landmarks, Historic Districts, and Historic Corridors.

9.C.9.2 Review alterations, new construction land divisions, and proposed demolition on all Landmark, District, and Corridor properties.

9.C.9.3 Provide technical assistance and conduct workshops to provide an educational forum for historic preservation to broaden community awareness and public participation.

9.C.9.4 Coordinate local preservation programs, including signing, plaques or other monumentation, driving and walking tour brochures, and other informational pieces.

9.C.9.5 Make recommendations for designation of sites on the National Register of Historic Places.

Last Amended 11/20/23

The following Community Plans and Design Plans are included in Chapter 10:

1. Mount Hood Community Plan
2. Kruse Way Design Plan (Repealed 03/01/2014, per Ordinance ZDO-246)
3. Sunnyside Village Plan
4. Clackamas Industrial Area and North Bank of the Clackamas River Design Plan
5. Clackamas Regional Center Area Design Plan
6. Sunnyside Corridor Community Plan
7. McLoughlin Corridor Design Plan
    

Mount Hood Community Plan

The Mt. Hood area is unique, and the policies of the Mt. Hood Community Plan recognize this character. The economy of the community is dependent upon the conservation of the environment, which creates the setting so attractive to both residents and visitors. The Mt. Hood Community Plan, in conjunction with the rest of the Comprehensive Plan, provides the guidelines to assure reasonable development potential consistent with the need for environmental conservation.

The rest of the Comprehensive Plan is applicable to the Mt. Hood area; however, the Mt. Hood Community Plan takes precedence where conflicts exist.

The Mt. Hood Community Plan contains some policies that are in addition to, or different from, the rest of the Comprehensive Plan in four subject areas: Land Use, Public Facilities, Transportation, and Planning Process.

Land use

In the Mt. Hood area, the Forest, Agriculture, Rural, Rural Commercial, Urban Low Density Residential, Community Commercial, and Open Space land use plan designations are applicable. Additionally, the Mountain Recreation designation may be applied. All land designated Urban in the Mt. Hood area is Immediate Urban. The three village areas of Government Camp, Rhododendron, and Wemme/Welches are recognized for their separate character and individual environment.

10.A Village Area Policies

10.A.1 Government Camp

10.A.1.1 The Government Camp Village is identified as an Urban Unincorporated Community in compliance with Chapter 660, Division 22 of the Oregon Administrative Rules (OARs).

10.A.1.2 Provide for a high intensity development character.

10.A.1.3 Development of US Forest Service lands may occur only if it complies with the US Forest Service regulations. Upon completion of a land transfer to private ownership, development of these lands may occur only if it complies with the provisions of this Plan.

10.A.1.4 Provide for pedestrian circulation and access within the business center.

10.A.1.5 Require new commercial or residential development of more than three units to provide a plan for snow removal and stockpiling.

10.A.1.6 Require one on-site parking space for each single-family residence developed on a lot of record existing prior to the adoption of this provision.

10.A.1.7 Require all new residential development of more than three units to provide covered parking.

10.A.2 Rhododendron

10.A.2.1 Provide for a development character of low intensity.

10.A.3 Wemme/Welches

10.A.3.1 Provide for a development character of medium intensity.

10.A.3.2 Encourage development of recreational-resort facilities to provide accommodations for the users of the area's recreational amenities.

10.A.3.3 Encourage development of a shuttle bus system to provide access to the ski areas.

10.B Residential Policies

10.B.1 Property may be zoned Recreational Residential in areas designated Rural within the Mount Hood Community Plan, when all of the following criteria are met:

10.B.1.1 Parcels are generally two acres or smaller,

10.B.1.2 The area is significantly affected by development, and

10.B.1.3 There are no natural hazards and the topography and soils conditions are well-suited for the location of homes.

10.B.2 Allow density bonuses within the Low Density Residential and Mountain Recreation designations pursuant to Chapter 6, Housing, and the Zoning and Development Ordinance. In the Mountain Recreation designation, units allowed through the density bonus provisions shall be developed with the same unit size mixture as provided in the base density for the development. For example, if a development is proposed with a mixture of 50 units of 700 square feet each, and 50 units of 500 square feet each, and a bonus density of 10 units is allowed—the ten units shall include five units of 700 square feet each, and five units of 500 square feet.

10.B.3 The Low Density Residential land use plan designation may be applied within the Mt. Hood urban area, according to the policies for designation stated in Chapter 4, Land Use.

10.B.4 Implement the Low Density Residential designation by application of only the Hoodland Residential (HR) zone, which shall allow a maximum density of four units per acre.

10.B.5 The Mountain Recreation areas provide overnight housing for the users of the recreational facilities in the Mt. Hood area, in addition to providing for a variety in housing types at a density higher than allowed in the Low Density Residential areas. Uses allowed include multifamily dwellings, resort housing, and motels.

10.B.5.1 The Mountain Recreation designation may be applied within the Mt. Hood urban area, when all of the following criteria are met:

10.B.5.1.a The land is located within a village district,

10.B.5.1.b Public sewer and a State-approved water system are available and adequate to support the development potential of this designation, and

10.B.5.1.c The pattern and character of development within the area would not be adversely affected by uses allowed by this designation.

10.B.5.2 Recognize the unique character of individual village districts by varying density according to the village.

10.B.5.2.a In Wemme/Welches and Rhododendron, encourage a variety of housing types and individual unit sizes by calculating density based on floor area, according to the following development level chart:

10.B.5.2.b In Government Camp, allow a density of 22 units per acre.

10.B.5.3 Allow incidental commercial uses within a development in the Mountain Recreation area, as a limited use.

10.B.5.4 Implement the Mountain Recreation designation with the Mountain Recreational Resort zone.

10.B.6 Establish density standards for fragile or hazardous areas within the Mt. Hood urban area as follows:

10.B.6.1 Land within the 100-year floodplain shall be excluded from land area calculations; there is no density credit allowed for this area.

10.B.6.2 Except as modified by policy 10.B.7, identified land movement areas, wetlands, and slopes over 25 percent shall not be developed; 50 percent of the density allowed by zoning may be transferred to an unrestricted area within the development.

10.B.6.3 Except as modified by policy 10.B.7, development shall not occur within stream corridor areas; 100 percent of the density allowed by zoning may be transferred to an unrestricted area.

10.B.7 Notwithstanding policies 10.B.6.1-10.B.6.3, one single-family dwelling may be developed on a lot of record, provided that such development is otherwise consistent with the provisions of the Comprehensive Plan and the Zoning and Development Ordinance. The policies stated in policies 10.B.6.1-10.B.6.3 apply only to residential development; all other development shall be controlled by other provisions of the Comprehensive Plan and by the Zoning and Development Ordinance.

10.B.8 Implement dimensional and development standards to address compatibility, function, and aesthetics.

10.C Commercial Policies

10.C.1 The Community Commercial land use plan designation may be applied in the Mt. Hood urban area, according to the criteria for designation stated in Chapter 4, Land Use.

10.C.1.1 Implement the Community Commercial designation by application of only the Rural Tourist Commercial (RTC) zoning district.

10.C.1.2 Apply the density standards of Policy 10.B.5.2.a of the Residential section to resort accommodations in Community Commercial areas in Wemme/Welches and Rhododendron, and allow 50 units per acre in Government Camp.

10.C.2 The Rural Commercial land use plan designation may be applied outside of the Mt. Hood urban area, according to the criteria for designation stated in Chapter 4.

10.C.3 The Neighborhood Commercial zone shall not be applied in the Mt. Hood area.

10.C.4 Implement dimensional and development standards to address compatibility, function, and aesthetics.

10.D Open Space Policies

10.D.1 All areas within the 100-year floodplain, wetlands, and slopes exceeding 25 percent in the Mt. Hood area shall be designated Resource Protection Open Space. See Maps 10-MH-1, 10-MH-2, and 10-MH-3.

10.D.2 For the Government Camp Urban Unincorporated Community, there are two Open Space designations that are implemented through the Government Camp Open Space Management District: (1) Public and Community Use, and (2) Buffer areas.

10.D.2.1 Designate Public and Community Use areas for utility facilities and public and private recreation uses and structures, including ski facilities, ice skating arenas, and indoor and other outdoor athletic and sport training facilities.

10.D.2.2 Designate buffer areas as open to maintain the area's environmental character and residential privacy. Development shall be minimized in these areas to the fullest possible extent.

10.D.3 Open space uses shall not substantially contribute to vehicular trip generations.

Public Facilities

10.E Public Facilities Policies

10.E.1 Prohibit lot divisions or development requiring subsurface disposal systems, within the Mt. Hood urban area, except for:

10.E.1.1 Remodeling or additions to existing development, when such remodeling would not require any alteration or expansion of the subsurface disposal system, or

10.E.1.2 Parcels with unique topographic or other natural features which make sewer extension impractical.

10.E.2 Ensure that subsurface sewage disposal systems in non-urban areas are allowed only when lot sizes give maximum assurance that no failures will occur that could require annexation to the Hoodland Service District.

10.E.3 Extension of sanitary sewer service to lands outside an unincorporated community boundary may be allowed in the Hoodland Service District or Government Camp Sanitary District boundary only under the following circumstances:

10.E.3.1 The property is located within an acknowledged unincorporated community boundary or the sanitary sewer line extension is the only practicable alternative to resolve a health hazard as defined by the State of Oregon; or

10.E.3.2 The sanitary sewer extension provides service to an existing, committed nonforest public use area, such as Timberline Lodge and its related facilities, Silcox Hut, or a Boy Scout lodging facility provided: (1) these uses are approved as an exception to Statewide Planning Goal 4; and (2) the extension is approved as an exception to Statewide Planning Goal 11.

10.E.4 The Government Camp Water System Master Plan, dated July 2000, shall be acknowledged as the water element of the Government Camp Facilities Plan.

10.E.5 The Government Camp Sanitary District Wastewater Facilities Plan, dated October 1995, shall be acknowledged as the sanitary sewer element of the Government Camp Facilities Plan.

10.E.6 The County shall acknowledge periodic updates of the sanitary sewer, water and transportation elements of the Government Camp Facilities Plan.

10.E.7 Review of development applications shall be coordinated with all service agencies to ensure facility service capacity is available to new developments.

Transportation

The development of the transportation system shall be in accordance with the following policies.

10.F Transportation Policies

10.F.1 Encourage intersection improvements at the following intersections with US 26:

• East Brightwood Loop
• East Lolo Pass Road
• East Welches Road
• Highway 35
• Entrance to Multorpor Ski Bowl facilities
• Government Camp Loop
   

10.F.2 Encourage development of a loop road south of US 26 in Government Camp. The loop would complete access from the west to the east side of Government Camp, and would improve access to the Multorpor/Ski Bowl facilities. Interchanges should be developed at the intersections with US 26.

10.F.3 Recognize the Villages at Mt. Hood Pedestrian and Bikeway Implementation Plan as the guiding document for the development of a connected multi-modal system within the Villages of Mt Hood, as established pursuant to Clackamas County Code, Chapter 2.10.

10.F.4 Cooperate with the Oregon Department of Transportation (ODOT) to maintain a reasonable level of service and safety on US 26, in the Mt. Hood Corridor.

10.F.4.1 Limit access to US 26, and encourage shared access where access to US 26 is necessary.

10.F.4.2 Focus access management strategies on areas where access points are not defined and where driveways can be consolidated with new development or redevelopment according to the Villages at Mt. Hood Pedestrian and Bikeway Implementation Plan.

10.F.4.3 Encourage redesign of older platted areas along US 26, to reduce the number of access points.

10.F.4.4 Encourage the development of alternatives to automobile transportation to ski facilities, to reduce parking needs at ski areas and to reduce congestion on US 26. Individual developers and existing resort facilities should be encouraged to provide shuttle systems or other facilities such as an aerial tram between Government Camp and Timberline Lodge.

10.F.4.5 Coordinate with the community and ODOT to refine the design and location of safe and convenient pedestrian and bicycle crossings across US 26, enhanced with rapid flashing beacons or other safety measures and/or signals as identified in the Villages at Mt. Hood Pedestrian and Bikeway Implementation Plan and Tables 5-3a-d and Map 5-11b.

10.F.4.6 Support the design and construction of a multi-use path adjacent to US 26 connecting Wildwood Recreation Site to E. Salmon River Road according to the Villages at Mt. Hood Pedestrian and Bikeway Implementation Plan.

10.F.5 Cooperate with ODOT to provide a rest area and information center between Sleepy Hollow and Zigzag.

10.F.6 Encourage development of a community-wide network of pedestrian trails.

10.F.6.1 Ensure continued public access to recreation trails shown on Map 10-MH-5 and located within the Government Camp Urban Unincorporated Community boundary. Provisions may be made through appropriate legal documents, and may include requirements such as retaining conservation easements on these lands.

10.F.6.2 Encourage the efficient connection of Forest Service trails located outside the Government Camp Urban Unincorporated Community Boundary to trail systems located within the boundary, to provide an integrated network of walkways, bikeways, and trails.

10.F.6.3 Support connections to destinations and to Forest Service and Bureau of Land Management trails as part of an integrated network of pedestrian and bicycle facilities.

10.F.7 Support development and installation of gateway signs that identify the entrances of the Villages at Mt. Hood.

10.F.8 Promote active transportation by providing wayfinding signs including signs to an existing underpass and "bike hubs" – areas of secure and sheltered parking, benches, bike tools, and/or other amenities – to maximize investment in existing and new transportation facilities that accommodate multimodal travel and tourism in the Villages at Mt. Hood.

10.F.9 Support continuation and/or expansion of a shuttle bus system providing access to the Villages at Mt. Hood and ski areas.

10.F.10 Enhance existing and planned transit facilities and services by providing supportive facilities and features such as park and ride facilities and wayfinding signs in the Villages at Mt. Hood.

10.F.11 Support the development of pedestrian and bikeway connections along Huckleberry Drive, Woodsey Way and Learning Lane in order to provide safe routes to schools.

The Planning Process

10.G Planning Process Policies

10.G.1 The statements of issues and alternatives and the inventories and data of the1976 Mt. Hood Community Plan, the 1976 Mt. Hood Planning Unit Draft Environmental Statement, 1989 Government Camp Village Revitalization Plan and Report, 1999 Government Camp Village Design Incentives Plan, 1980 Summit Ski Area Expansion Environmental Assessment Report, 1981 Multorpor Ski Bowl Master Plan, 1995 Government Camp Sanitary District Wastewater Facility Plan, 2000 Government Camp Water System Master Plan, 2000 Rural Transportation System Plan, Mt. Hood Corridor Plan-Final Environmental Impact Statement, and the revisions and additions to these documents are adopted as background reports for the policies and designations of the Mt. Hood Community Plan.

10.G.2 The Villages at Mt. Hood Pedestrian and Bikeway Implementation Plan is adopted as a background report for the policies and designations of the Mount Hood Community Plan.

Sunnyside Village Plan

Introduction

The Sunnyside Road area of Clackamas County east of I-205 to 152nd Avenue has seen rapid residential growth during the past 10 years. This growth has raised several issues. A lack of parks, open space, and transit, as well as pedestrian and bicycle facilities, has been identified by many residents of the area. Also absent are a variety of housing types and range in housing prices. Along with these concerns, recent State land use and transportation planning rules now require the County to implement development techniques to reduce per capita vehicle miles traveled. These requirements are intended to manage growth by increasing urban densities to facilitate transit usage, preserving open spaces, and integrating land uses with the transportation network, thus improving overall livability.

The Sunnyside Village Plan was developed through an extensive citizen involvement effort to address these issues. With the recent construction of the Sieben sewer line, development will soon occur in the last large undeveloped urban area of Clackamas County.

The focus of this plan is to address the issues described above through several planning and design elements. These elements include land use mix, density, street patterns, pedestrian circulation, open space, and architectural character, all directed towards the creation of a sense of community.

The remainder of the Comprehensive Plan is applicable to the Sunnyside Village; however, the Sunnyside Village Plan takes precedence where conflicts exist. The Sunnyside Village Plan contains policies which are in addition to, or different than, the remainder of the Comprehensive Plan, in five subject areas: Land Use, Public Facilities, Transportation, Parks and Open Space, and Planning Process.

Goals

• Provide a strong sense of place through community design.
• Ensure the efficient use of land and urban services.
• Provide a mix of housing types and price ranges to accommodate neighborhood diversity.
• Ensure adequate parks and the protection of sensitive natural areas.
• Provide the opportunity for jobs and services within the village to reduce trip lengths.
• Integrate land use and transportation to encourage transit, bicycle and pedestrian use.
• Provide a transportation network that emphasizes connections within the village. 
   

Land Use

10.H Residential Policies

10.H.1 Ensure a range of densities, which promotes an efficient use of the land and a variety of housing choices. For purposes of calculating individual lot sizes, areas within Resource Protection areas shall not be included.

10.H.3.1 The Standard Lot Single Family land use plan designation shall include a minimum density of six units per acre.

10.H.3.2 The Small Lot Single Family land use plan designation shall include a minimum density of nine units per acre.

10.H.3.3 The Village Townhouse land use plan designation shall include a density between a minimum of 15 units per acre and a maximum of 22 units per acre.

10.H.3.4 The Village Apartment land use plan designation shall include a density between a minimum of 18 units per acre and a maximum of 30 units per acre.

10.H.2 All residential development including front doors and porches shall be oriented towards the street and have reduced setbacks.

10.H.3 Garages, driveways, and off-street parking areas shall be at a scale that is subordinate to the residence.

10.H.4 Building location and design shall consider pedestrian-scale orientation.

10.H.5 Provide opportunity for accessory dwelling units within the Standard Lot Single Family, Small Lot Single Family, and Village Townhouse designated areas. Density calculations shall not include accessory dwelling units.

10.H.6 Ensure higher residential densities close to the village core through the following locational criteria.

10.H.6.1 The Standard Lot Single Family land use plan designation shall be located on the periphery of the village.

10.H.6.2 The Small Lot Single Family land use plan designation shall be located between the Standard Lot Single Family designation and the Village Townhouse and Village Apartment designations.

10.H.6.3 The Village Townhouse and Village Apartment land use plan designations shall be located adjacent to, or within a convenient walking distance of, the village core.

10.I Village Office Policies

10.I.1 The Village Office land use plan designation shall be adjacent to Sunnyside Road and 142nd Avenue and shall be within a convenient walking distance of the village core.

10.I.2 Ensure that development is designed to human scale in a series of low-rise buildings.

10.I.3 Require that office development is oriented towards the primary streets and the adjacent apartment and townhouse uses to better integrate with the neighborhood.

10.I.4 Provide incentives for employees to carpool, use transit, bike, or walk.

10.J Village Community Service Policies

10.J.1 The Village Community Service land use plan designation shall be applied as shown on Map 10-SV-1.

10.K Resource Protection Area Policies

10.K.1 Apply a Resource Protection designation to all land that is within high voltage power line easements.

10.K.2 Allow development within Resource Protection areas not to exceed one dwelling unit per net acre.

10.K.3 Allow the transfer of density from the Resource Protection area to more suitable building areas on the site. Transfer of density shall not exceed the next highest land use category, e.g., Small Lot Single Family to Village Townhouse.

Parks

The Sunnyside Village Plan provides for the acquisition, development, and maintenance of six neighborhood parks.

10.L Parks Policies

10.L.1 Provide a level of parks to adequately serve the demands of the village.

10.L.2 Provide parks that are equitably distributed and accessible throughout the village as depicted on Map 10-SV-4.

10.L.3 Develop a mechanism to acquire these sites either through dedications or fee in lieu of dedication.

10.L.4 Parks depicted on Map 10-SV-4 may be altered in their location and dimensions during the development review process. Modifying park location shall occur only when it can be shown that access, topographic conditions, the need to accommodate lotting patterns and site planning, or extreme engineering costs make the depicted location impractical to develop. Park sizes are shown as minimums.

10.L.5 Park 6, as depicted on Map 10-SV-4, shall be split proportionally based upon the lot sizes of the two parcels that the park is to be located on.

10.L.6 All park land acquisitions shall be immediately included within the North Clackamas Parks and Recreation District (NCPRD) park land inventory. NCPRD will be responsible for development and maintenance of these parks. NCPRD will also be responsible for maintaining the center landscaped portion of the Village Circle north of the Village Green.

10.L.7 A connector or higher level street shall be located along one side of Park 2.

Transportation

The Sunnyside Village Plan provides for the integration of land use and the transportation network.

10.M Roads Policies

10.M.1 All new developments shall build streets in the locations depicted on Map 10-SV-1.

10.M.2 Streets depicted as connectors (with or without bikeway) on Map 10-SV-3 may be altered in their location during the development review process. Modifying these streets must occur only when it can be shown that due to wetlands, topographic conditions, resource areas, the need to accommodate lotting patterns and site planning, or extreme engineering costs make the depicted street impractical to develop.

10.M.3 Alleys shall be allowed in all residential zoning districts.

10.M.4 All alleys shall be private streets and shall be constructed as depicted in Figure 10-SV-6.

10.M.5 All public streets within the Sunnyside Village shall be constructed to the street standards depicted in Figures 10-SV-1 through 10-SV-5.

10.M.6 Orient local streets whenever practical so that at least 50 percent of the lots face north/south taking advantage of solar access.

10.M.7 All street intersections that do not connect with Sunnyside Road, 142nd Avenue, or 152nd Avenue shall be constructed to the standards depicted in Figure 10-SV-7.

10.M.8 The traffic circle north of the Village Green shall comply with the design standards depicted in Figure 10-SV-8.

10.M.9 Develop a mechanism to pay for the cost of half-street improvements of all connector and local streets adjacent to Parks 3, 4 and 5 and the east/west connector road adjacent to the south property line of the school on 152nd Avenue, as depicted on Map 10-SV-4.

10.M.10 Reimbursements of costs for the realignment of 152nd Drive shall be granted to the extent that they are eligible under the Transportation System Development Charge ordinance. For properties with frontage along 152nd Drive, adjacent to the proposed realignment of 152nd Drive, the applicant's share of costs associated with the realignment of 152nd Drive shall be limited to the dedication of required on-site right-of-way for the realignment of 152nd Drive as a collector street, and the guarantee of financing for the required on-site improvements, to collector-street standards, according to the requirements of the County Engineer.

10.M.11 The County will develop a list of transportation projects for the village based on a comprehensive transportation analysis for the entire Sunnyside area. The County will seek additional funding for those projects as well as improvements to 142nd Avenue, 152nd Avenue, and Sunnyside Road.

10.M.12 An analysis of the present alignment of 147th and its connection to Sunnyside Road shall be considered. This project should be included in the County's Capital Improvement Plan as a "high priority" safety project.

10.N Trails and Pedestrian Connections Policies

10.N.1 All pedestrian accessways and trails shall be constructed to standards established by the North Clackamas Parks and Recreation District (NCPRD) at the time of development.

10.N.2 All pedestrian accessways and trails identified on Map 10-SV-1 shall be either dedicated or an easement be granted to NCPRD.

10.N.3 NCPRD shall be responsible for the ongoing maintenance of all pedestrian accessways and trails.

Boundary Amendments

10.O Amendments to Village Boundary Policies

The Sunnyside Village boundary may be amended to include property within the Sunnyside Village boundary when all of the following criteria are met:

10.O.1 The property is contiguous to the Sunnyside Village boundary.

10.O.2 The property is designated by Metro as an urban reserve or the property is located within the Portland Metropolitan Urban Growth Boundary.

10.O.3 The property has been under the same continuous ownership as adjacent land within the Sunnyside Village boundary since prior to adoption of the Sunnyside Village boundary by the Clackamas County Board of County Commissioners on August 26, 1993.

10.O.4 The public sewer system serving land within the Sunnyside Village boundary is available to serve the property by gravity flow and is adequate to support the development potential of the property. In addition, the surface water requirements of Clackamas County Service District #1 shall be met.

10.O.5 The public water system serving land within the Sunnyside Village boundary is available and adequate to support the development potential of the property.

10.O.6 The transportation facilities and roadway network within the Sunnyside Village boundary are either available or acknowledged by the County, through an approved master plan, as available in the future and are adequate to support the development potential of the property.

10.O.7 When property is proposed to be annexed, a neighborhood park site, shall be (or has been) adequately and proportionately increased in size within the existing Sunnyside Village boundary or a new park(s) designated according to Subsection 1011.06(C) of the Zoning and Development Ordinance within the property proposed to be annexed to the Sunnyside Village to compensate for the inclusion of the property within the Sunnyside Village boundary.

10.O.8 The proposed extended boundary shall not extend beyond a major topographical break such as a ravine, steep hillside, stream corridor, etc. The determination of the topographical break shall be determined by the County Department of Transportation and Development.

Clackamas Industrial Area and North Bank of the Clackamas River Design Plan

Introduction

The Clackamas Industrial area is the largest concentration of industrial land in unincorporated Clackamas County and is a critical location for jobs and business opportunities. The north bank of the Clackamas River is impacted by development in the Clackamas Industrial Area and has been targeted for preservation of open spaces to protect water quality and natural resource values.

10.P Highway 212 Beautification Policies

10.P.1 Support the development and implementation of the Highway 212 Beautification Project to enhance visual cohesiveness and economic viability of the Clackamas Industrial area.

10.P.1.1 Establish design standards for selected streets.
10.P.1.2 Establish "Gateway" sites to enhance the identification of the industrial area.

The North Bank of the Clackamas River Greenway

The Clackamas River is a regionally significant natural area providing unique fish and wildlife habitat, a municipal water supply for nearly 200,000 people and varied recreational opportunities. A Greenway along the north bank of the Clackamas River between Gladstone and Carver will be beneficial over the long term because it will: provide an open space greenbelt along the river in a growing urban area; enhance and protect fish and wildlife habitat; provide undeveloped areas for flood storage; protect and enhance water quality for drinking water; preserve unique and ecologically sensitive areas; protect and enhance scenic beauty; and where appropriate allow areas for public recreation.

Full protection of the natural resources along the Clackamas River is best attained through public acquisition of property along the Greenway (on a willing seller, willing buyer basis only). Once under public ownership, stewardship and management by appropriate agencies needs to be master planned.

The Clackamas River Greenway between the city limits of Gladstone and Carver is shown on Map 10-CR-1. Greenway lands are predominantly within the flood plain of the Clackamas River. Lands are currently under both public and private ownership. The Greenway Plan and Map is a guide for future public acquisition on a willing seller, willing buyer basis. Condemnation of lands is not a part of the Greenway program, nor is a linear trail along the entire north bank of the Clackamas River.

10.Q The North Bank of the Clackamas River Greenway Policies

10.Q.1 Plan for a Greenway along the north bank of the Clackamas River based on the following goals:

10.Q.1.1 Provide for long term protection of the natural resources along the river bank and floodplain of the river.

10.Q.1.2 Maintain or improve high water quality in the river.

10.Q.1.3 Protect the floodplain for flood storage.

10.Q.1.4 Protect and improve habitat for current or expanded populations of fish and wildlife.

10.Q.1.5 Plan for public acquisition of Greenway lands on a willing seller, willing buyer basis.

10.Q.1.6 Preserve and protect ecologically significant areas along the Clackamas River.

10.Q.1.7 Provide linkages to tributaries and adjacent natural areas including: Cow Creek, Sieben Creek and Rock Creek.

10.Q.1.8 Preserve the visual quality of the Clackamas River including the floodplain and river bluffs.

10.Q.1.9 Recreational access to and use of the Clackamas River is subordinate to natural resource protection.

10.Q.1.10 Provide for limited recreation and public access to the Clackamas River.

10.Q.1.11 Point access to the river is preferable to linear trails in most cases.

10.Q.1.12 Trails shall only be on public property or on easements dedicated through the development process.

10.Q.2 Adopt the Greenway Map illustrating lands targeted for public ownership and management.

10.Q.3 Adoption of the Greenway Map does not:

10.Q.3.1 Place any additional regulations on private properties,

10.Q.3.2 Change the underlying land use and zone.

10.Q.4 Adoption of the Greenway Map is to be used as a guide by open space and parks providers and other appropriate public agencies to acquire properties, from willing sellers over time, for the purpose of preservation of open space, water quality, scenic and wild life values as well as some passive and active recreation.

10.Q.5 Recreational use should be planned through a public master planning process to develop a long term management and recreation plan for the area.

10.Q.6 Greenway lands when under public ownership, will be considered eligible for Open Space Management zoning, for their long term preservation.

Clackamas Regional Center Area Design Plan

Introduction

Moving Toward a Preferred Future

The Clackamas Regional Center area, comprising about 2,100 acres, is a vital and growing part of the County. It is a major hub for the residential and business communities in the southeast Portland metropolitan area. The area has grown rapidly as urban services have been provided, and is poised for even more growth. Forecasts indicate that there will be 36,500 jobs and 7,600 housing units within the study area by the year 2017. This will about double the amount present in 1994. As this change occurs over the next twenty years, the area is envisioned to transition to even more intensive uses, more mixes of land uses, better access for all modes of transportation and a more attractive visual character.

The Clackamas Regional Center Area Design Plan sets the framework for decision-making to meet the challenge of planning for growth and guiding the area to a preferred future identified by citizens, the business community, and public service providers.

The remainder of the Comprehensive Plan is applicable to the Clackamas Regional Center Area. The Clackamas Regional Center Area Design Plan describes the goals and policies that are specific to the Clackamas Regional Center Area. The Clackamas Regional Center Area Design Plan takes precedence where conflicts exist between it and the remainder of the Comprehensive Plan.

The area of application for the Clackamas Regional Center Area Design Plan is shown on Map 10-CRC-1.

Region 2040 Growth Concept Plan Design Types

The Clackamas Regional Center Area Design Plan focuses on three design-types identified in the Region 2040 Growth Concept Plan and Urban Growth Management Functional Plan: a regional center, segments of three corridors and a station community.

Regional Center

An area with the Clackamas Town Center as its focus point is designated a regional center. The boundary is shown on Map 10-CRC-1. The Clackamas Regional Center is intended to be the focus of the most intense development and highest densities of employment and housing in unincorporated, urban Clackamas County, with high quality transit service and a multimodal street network.

Corridors

Corridors are less dense than regional centers and are intended to feature a high-quality pedestrian environment and convenient access to transit, while continuing to meet the needs of the automobile. The Corridors in the Clackamas Regional Center Area are designated as Regional Streets in the Region 2040 Functional Plan, and as such are expected to continue to support high levels of through and local vehicular traffic. The Corridor areas are expected to transition to higher densities through infill and redevelopment. Designated Corridors are 82nd Avenue, Johnson Creek Boulevard, and Sunnyside Road.

Station Community

Station Communities are areas of development centered on a light-rail or high capacity transit station that feature housing, offices and other employment, and a variety of shops and services that are easily accessible to pedestrians, bicyclists and transit users, as well as vehicles. There are two light rail transit stations in the I-205 MAX line in the Clackamas Regional Center Area; adjacent to I-205 near Fuller Road, between Johnson Creek Boulevard and Otty Road, and adjacent to I-205, between Monterey Avenue and Sunnyside Road. A Station Community has been designated in the area around the Fuller Road station.

Vision and Goals

A vision of how the area should look and function in 20 years was the first step in creating this plan. The vision established the foundation upon which the plan was built. The Clackamas Regional Center Area Task Force developed and endorsed the following vision for the Clackamas Regional Center Area in 1995:

Vision

Over the next 20 to 50 years the Clackamas Regional Center Area will be:

• • The dominant commercial and business center for the east Portland metropolitan area;
• • A cultural, civic and transportation center for the east Portland metropolitan area;
• • An area of diverse residential neighborhoods, commercial districts, natural features, and public attractions and spaces that serve both the local community and the region.

Goals

To achieve this vision, the Clackamas Regional Center Area Design Plan describes policies to guide decisions on land use, transportation, housing and urban design that:

• Allow and promote compact development as a means to encourage efficient use of land, promote non-auto trips, and protect air quality.
• Promote development patterns which use land efficiently and support transportation investments.
• Transition towards more intensive use of land through infill and redevelopment, and phased development of infrastructure and urban design improvements.
• Accommodate and encourage appropriate land uses in the Regional Center, along Corridors, and in the Station Community.
• Balance growth with the preservation of existing neighborhoods and affordable housing.
• Create districts and neighborhoods.
• Provide a range of housing types and density.
• Provide for more efficient parking.
• Provide or enhance public amenities such as open space, neighborhood parks, and public gathering places.
• Preserve and enhance natural features.
• Increase community attractions.
• Provide attractive streetscapes.
• Create civic spaces.
• Create a safe and pleasant environment.
• Incorporate design standards and guidelines that promote urban character.
• Increase visual identity.
• Provide a transportation network that provides for all modes of transportation.
• Improve circulation and connections for all modes of transportation.
• Maintain excellent regional access.

Clackamas Regional Center Area Design Plan Policies

The following policies shall be applied in the Clackamas Regional Center Area.

Land Use Policies

10.R General Land Use Policies

The following uses are allowed within the Clackamas Regional Center Area:

10.R.1 Mixed Use: Mixed uses shall be allowed in the Clackamas Regional Center Area in areas designated Commercial, High Density Residential and Regional Center High Density Residential. A mix of uses will be required to be master planned in areas designated Planned Mixed Use. A mix of uses will be allowed in areas designated Station Community Mixed Use, subject to transit-oriented-development building orientation and design requirements.

10.R.2 Commercial: The following Commercial land use plan designations shall be provided in the Clackamas Regional Center Area: Regional Center Commercial, Retail Commercial, Corridor Commercial, Regional Center Office, and Office Commercial.

Commercial areas within the Clackamas Regional Center Area shall:

10.R.2.1 Allow a mix of land uses on the development site;

10.R.2.2 Create a district accessible by all modes of transportation;

10.R.2.3 Create walkable districts by providing improvements and urban design features that encourage and support pedestrian use;

10.R.2.4 Allow land uses that generate pedestrian activity and transit ridership;

10.R.2.5 Require public or private street layouts that allow for future development of sites with redevelopment potential;

10.R.2.6 Maintain and improve pedestrian connections between commercial uses, transit corridors, recreation areas, open space, and adjacent residential areas;

10.R.2.7 Locate all buildings to maximize access by emergency vehicles;

10.R.2.8 Require design review for all development;

10.R.2.9 Implement dimensional and development standards to address compatibility, function, and aesthetics;

10.R.2.10 Provide for the efficient utilization of commercial areas while protecting adjacent properties and surrounding neighborhoods; and

10.R.2.11 Ensure that the minimum operational requirements of development are provided on-site.

10.R.3 Residential: The following Residential land use plan designations shall be provided in the Clackamas Regional Center Area: Regional Center High Density Residential, High Density Residential, Medium High Density Residential, and Medium Density Residential.

These Residential areas within the Clackamas Regional Center Area shall:

10.R.3.1 Establish minimum densities to help meet local and regional housing needs;

10.R.3.2 Provide for multifamily residential uses within walking distance of public transportation, parks, schools, employment areas, and local shopping areas;

10.R.3.3 Create walkable districts by providing improvements and urban design features that encourage and support pedestrian use;

10.R.3.4 Locate all buildings to maximize access by emergency vehicles; and

10.R.3.5 Require design review for all development.

10.R.4 Public and Community Use Open Space: The Public and Community Use Open Space land use plan designation shall be provided in the Clackamas Regional Center Area.

10.R.5 Low Density Residential: The Low Density Residential land use plan designation shall be provided in the Clackamas Regional Center Area.

10.R.6 Industrial: The following Industrial land use plan designations shall be provided in the Clackamas Regional Center Area: General Industrial, Light Industrial, and Business Park.

10.S Clackamas Regional Center Land Use Policies

The following policies apply in the Regional Center shown on Map 10-CRC-1.

10.S.1 Areas shall be planned to:

10.S.1.1 Provide for high-intensity development to accommodate projected regional increases in housing and employment, including mixed-use development;

10.S.1.2 Provide for and capitalize on high-quality transit service;

10.S.1.3 Allow for a mix of land uses to support public transportation and bicycle and pedestrian usage;

10.S.1.4 Provide for the open space and recreation needs of residents and employees of the area; and

10.S.1.5 Support a multimodal street network.

10.S.2 Planned Mixed Use: Apply the Planned Mixed Use land use plan designation. The Planned Mixed Use designation requires master planning for development on key opportunity sites in areas designated for mixed use on the Region 2040 Growth Concept map. Generally, because of size, location, good access, and proximity to supportive land uses and existing or planned transportation improvements, these sites can accommodate more growth than other areas and sites within the plan boundary.

10.S.2.1 Create an area with a mix of land uses, both within the site itself (mix of uses) and within buildings (mixed uses), which:

10.S.2.1.a Provide for high employment and residential densities that support use of public transportation;

10.S.2.1.b Protect key natural features;

10.S.2.1.c Provide for essential public facilities and services, including parks and public spaces;

10.S.2.1.d Provide for structured parking; and

10.S.2.1.e Are accessible by all modes of transportation.

10.S.2.2 Establish through zoning required and allowed land uses, transportation improvements, and design standards that encourage and support pedestrian-oriented streets, buildings, and public places. Apply specific requirements to specific Planned Mixed Use sites through zoning. Number each Planned Mixed Use site to facilitate the application of these specific requirements.

10.S.2.3 Sites with a land use plan designation of Planned Mixed Use but zoned something other than Planned Mixed Use may be converted to Planned Mixed Use zoning when:

10.S.2.3.a Adequate transit services are provided to the site; and,

10.S.2.3.b Minimum site size requirements are satisfied.

10.S.3 Regional Center Office:

10.S.3.1 Apply the Regional Center Office land use plan designation to:

10.S2.3.a Areas with an historical commitment to office use.

10.S2.3.b Areas served by high-capacity transit service.

10.S2.3.c Areas with high visibility from a freeway.

10.S2.3.d Areas generally within one-half mile of a freeway interchange.

10.S.3.2 Provide support services for office development.

10.S.3.3 Limit retail uses in order to maximize the land available for office uses and to provide for the highest employment density in the Regional Center.

10.S.3.4 Require a minimum density to help meet regional employment needs, support public transportation, and use land more efficiently.

10.S.3.5 Create walkable districts within the Regional Center with improvements, urban design features, and urban design standards that encourage and support pedestrian use.

10.S.3.6 Require master plans of large sites to allow for future development of sites with redevelopment potential.

10.S.4 Regional Center High Density Residential: Apply the Regional Center High Density Residential land use plan designation to areas suitable for the highest density multifamily uses.

10.S.4.1 Determine the density of development through zoning.

10.S.4.2 Provide for multifamily residential uses within walking distance of public transportation, parks, schools, employment areas, and local shopping areas.

10.S.4.3 Allow for a mix of land uses provided the minimum residential density is achieved for the entire development site prior to or concurrent with establishment of other allowed uses.

10.S.4.4 Implement dimensional and development standards to address compatibility, function, and aesthetics.

10.S.5 Regional Center Commercial: Apply the Regional Center Commercial land use plan designation to areas with an historic commitment to commercial uses.

10.S.5.1 Provide areas for regional and local shopping.

10.S.5.2 Require a minimum floor area ratio to help meet regional employment needs, support public transportation, and use land more efficiently.

10.S.5.3 Create walkable districts within the Regional Center with improvements, urban design features, and urban design standards that encourage and support pedestrian use.

10.S.6 Amendments to the Clackamas Regional Center Boundary: The Clackamas Regional Center boundary may be amended to include property within the Clackamas Regional Center when all of the following criteria are met:

10.S.6.1 The property is contiguous to the Clackamas Regional Center boundary.

10.S.6.2 The area is, or is planned to be, a focus of compact, high-density development with a mix of uses.

10.S.6.3 The area has, or is planned to have, high-quality transit service and a multimodal street network.

10.S.6.4 The area has, or is planned to have, a density of 60 persons per acre on lands developed or planned to be developed (not including open space, parks, plazas, or natural areas).

10.T Corridor Land Use Policies

10.T.1 Land uses in Corridors shall be planned to:

10.T.1.1 Provide for both employment and housing, including mixed use.

10.T.1.2 Emphasize providing for a high level of bus usage, with land uses and transportation facilities to support bus use.

10.T.1.3 Encourage and support pedestrian travel with supportive land uses, frequent street connections, and sidewalks and pedestrian-ways.

10.T.1.4 Provide for vehicular traffic and auto-oriented uses, while expanding the share of trips via transit and other modes.

10.T.2 Corridor Land Use Plan Designations: A range of land use plan designations may be applied within a designated Corridor identified on Map 10-CRC-1. Each corridor shall include within its area designations that provide primarily for employment and shopping, and designations that provide primarily for dwellings.

10.T.2.1 Commercial land use plan designations that may be applied include: Corridor Commercial, Retail Commercial, and Office Commercial. Any site designated for a commercial use shall be located adjacent to the Corridor street.

10.T.2.2 Residential land use plan designations that may be applied include: High Density Residential and Medium High Density Residential. These Residential designations should generally be located so as to form a buffer between commercial uses adjacent to the Corridor street and low density residential areas located outside the Corridor.

10.T.2.3 Industrial land use plan designations that may be applied include: Light Industrial and Business Park.

10.T.2.4 Existing single-family neighborhoods and manufactured dwelling parks should be zoned to discourage redevelopment to other uses.

10.T.3 Corridor Commercial:

10.T.3.1 The following areas may be designated Corridor Commercial when located within a Corridor as identified on Map 10-CRC-1 and when all of the following criteria have been met:

10.T.3.1.a The site has an historical commitment to commercial uses;

10.T.3.1.b The designation will not cause a decrease in housing capacity in the County;

The designation will not cause a significant traffic increase on local streets serving residential areas;

10.T.3.1.c Adverse effects, including, but not limited to, traffic and noise, will have a minimal effect on adjacent neighborhoods, or can be minimized through on-site improvements; and

10.T.3.1.d The designation will not substantially increase an existing commercial strip or create new strips.

10.T.3.2 Provide commercial areas located in transportation corridors to meet local and regional needs for a wide range of goods and services.

10.T.3.3 Provide for the sale of large-scale items in areas with good transportation access and minimal conflict with other uses.

10.T.3.4 Allow mixed uses in the same building(s) or in a separate building(s) in the development.

10.T.3.5 Establish design and dimensional standards that encourage and support pedestrian use.

10.U Station Community Land Use Policies

10.U.1 The Regulating Plan Map, which will be incorporated in the Zoning and Development Ordinance, shall be the basis of the design and development standards for the Station Community and shall establish the requirements for street types, block pattern, existing and new streets, building frontage types, and landscaping types.

10.U.2 Within the Station Community boundary shown on Map 10-CRC-1, future development and redevelopment shall conform to the Regulating Plan Map, and areas shall be planned to:

10.U.2.1 Provide for development utilizing urban design elements that create and support a dynamic, safe, and convenient public realm made up of interconnected streets, parking areas, parks, and plazas framed by buildings with facades and entrances facing the streets and meeting other requirements of transit-oriented design.

10.U.2.2 Provide for a mix of retail, services, office, and high-intensity housing in buildings meeting the requirements of transit-oriented design, located on a street network with excellent pedestrian connectivity and supportive of local services, bicycle and pedestrian usage, and high-capacity transit ridership.

10.U.2.3 Support a multimodal street network with shared, public on-street parking on all but the most heavily traveled streets, building facades and entrances oriented to the street, and parking located to the side of and behind buildings.

10.U.2.4 Provide for the open space and recreation needs of residents and employees of the area.

10.U.3 Corridor Commercial:

10.U.3.1 Apply the Corridor Commercial land use plan designation within the Station Community boundary shown on Map 10-CRC-1 to:

10.U.3.1.a Areas with an historical commitment to retail uses.

10.U.3.1.b Areas with high visibility and access from a major arterial street.

10.U.3.1.c Areas located within one-half mile of a high-capacity transit station, and providing actual or potential pedestrian connections between high capacity and bus transit.

10.U.3.2 Create an area with a mix of land uses, both within the site itself (mix of uses) and within buildings (mixed uses), which:

10.U.3.2.a Provide for high employment and residential densities that support use of public transportation.

10.U.3.2.b Provide for essential public facilities and services, including shared public parking on public and private streets, accessible and attractive walkways between and through developments, and public spaces.

10.U.3.2.c Are accessible by all modes of transportation.

10.U.3.2.d Orient buildings and parking areas to support and encourage pedestrian trips and utilization of high capacity transit.

10.U.3.3 Establish through zoning required and allowed land uses, transportation improvements, and design standards that encourage and support pedestrian-oriented streets, buildings, and public places.

10.U.3.3.a Require development and redevelopment to meet transit-oriented design requirements.

10.U.3.4 In designated sectors on the Regulating Plan Map, where substantial shopping center development exists, provide for a limited amount of redevelopment to occur without requiring full compliance with transit-oriented design and connectivity requirements.

10.U.3.4.a Ensure that such redevelopment does not reduce multimodal connectivity or hinder future development of additional planned connections.

10.U.4 Station Community Mixed Use:

10.U.4.1 Apply the Station Community Mixed Use land use plan designation within the Station Community boundary shown on Map 10-CRC-1 to:

10.U.4.1.a Areas with an historical commitment to residential, office, and employment uses.

10.U.4.1.b Areas in proximity to high-capacity transit service.

10.U.4.1.c Areas with access to major and minor arterial and collector streets.

10.U.4.2 Create an area with a mix of residential, office, service, and service commercial uses within buildings and developments that meet transit-oriented development standards, which:

10.U.4.2.a Provide for high employment and residential densities that support use of public transportation;

10.U.4.2.b Provide for essential public facilities and services, including shared public parking on public and private streets, accessible and attractive walkways between and through developments, and public spaces; and

10.U.4.2.c Orient buildings and parking areas to support and encourage pedestrian trips and utilization of high-capacity transit.

10.U.4.3 Establish through zoning required and allowed land uses, transportation improvements, and design standards that encourage and support pedestrian-oriented streets, buildings, and public places.

10.U.4.3.a Require development and redevelopment to meet transit-oriented design requirements.

10.U.5 Build public and private streets within the Station Community to the standards illustrated in the Figures 10-CRC-8 through 10-CRC-11.

10.U.6 Study providing on-street parking on 82nd Avenue, if future conditions warrant it.

10.V. Land Use Policies for Other Areas

10.V.1 A range of land use plan designations shall be provided in portions of the Clackamas Regional Center Area located outside the Regional Center, Corridors, and Station Community.

10.V.1.1 Land use designations shall generally increase in level of intensity in areas close to the Regional Center and Corridors.

10.V.1.2 Land use designations shall maintain the character of existing neighborhoods by providing for uses and improvements that are consistent with the type and scale of existing development.

10.V.1.3 Employment uses shall be provided for in the Regional Center, Corridors, or Station Community, and/or in locations adjacent to streets that are at least minor arterials.

10.W Land Use Designations That May Apply Throughout the Clackamas Regional Center Area

10.W.1 High Density Residential: Allow for a mix of land uses as a limited use in the High Density Residential land use plan designation.

10.W.2 Low Density Residential – 5,000- and 2,500-square-foot lots: In the Low Density Residential land use plan designation, include 5,000-square-foot- and 2,500-square-foot-lot-size low density residential zoning districts, subject to Policy 4.R.3 of Chapter 4, Land Use.

10.W.3 Low Density Residential – Townhouses:

10.W.3.1 In Low Density Residential areas, areas may be zoned for townhouses on lots that average 2,500 square feet when the area has access to a residential collector or higher functional class street.

10.W.3.2 The size of the site and adjoining properties zoned for 2,500-square-foot lots should generally not exceed 10 acres.

10.W.3.3 Design dwellings to provide variation in architectural appearance.

Urban Design, Public Amenities, and Open Spaace Policies

URBAN DESIGN, PUBLIC AMENITIES, AND OPEN SPACE POLICIES

Design and development standards and physical improvements tie together land use and transportation to create a more livable community. Urban design elements have been identified that will improve access by all modes of transportation, provide public amenities such as parks and accessible trails for recreational use, create public gathering places, and protect key natural features such as stream corridors and forested hillsides.

10.X Urban Design Elements Policies

10.X.1 Establish design and dimensional standards that provide pedestrian oriented streets, buildings, and public spaces.

10.X.2 Provide for the most intense development around public transportation routes.

10.X.3 Provide multimodal connections that link neighborhoods with commercial areas, schools, parks, and greenways.

10.X.4 Increase the visual identity of the Regional Center Area through streetscape improvements, including pedestrian zones, landscape strips between streets and sidewalks, lighting, street trees, landscaped medians, and gateways.

10.X.5 Protect natural features by directing development away from these areas and using remaining land more efficiently.

10.X.6 Provide public or private street layouts that support future development and increase connectivity for all modes of transportation.

10.X.7 The urban design elements shown on Map 10-CRC-3 shall be provided in the Clackamas Regional Center Area as development occurs and public improvements are provided.

10.X.7.1 All new development or major modifications to existing approved development shall provide the urban design elements on Map 10-CRC-3.

10.X.7.2 For phased development, urban design element requirements will generally be roughly proportional to the amount of development occurring in a phase.

10.X.7.3 Key urban design elements shown on Map 10-CRC-3 are defined as follows:

10.X.7.3.a Boulevards: Streets characterized by landscaped medians and other pedestrian crossing improvements, a sidewalk separated from the street by landscape strips and street trees, and bike lanes.

10.X.7.3.b Main Streets: Streets characterized by a pedestrian/furnishing zone that includes sidewalks, street trees, and space for street lights and other furnishings, on-street parking, more frequent pedestrian crossings, and buildings oriented to the street with storefronts close to the sidewalk.

10.X.7.3.c Special Street Standards: Streets that are characterized by a landscape strip separating the sidewalk from the curb, pedestrian lighting, and pedestrian amenities.

10.X.7.3.d Street Connections: General locations for new or enhanced street connections to improve connectivity in the area have been identified on Map 10-CRC-3. Street connections may be public or private streets and in some cases line up with important driveways to commercial areas.

10.X.7.3.e Local Street Grid: An interconnected public or private street system that provides multimodal access to all activities and uses.

10.X.7.3.f Off-Street Pedestrian Linkages: Street, bicycle and pedestrian paths, and greenway paths to link parks, civic spaces, retail centers, neighborhoods, and other points of interest.

10.X.7.3.g Multi-Use Paths: Off-street pedestrian and bicycle paths. These paths may be developed primarily as a transportation facility, as an amenity, or may serve multiple purposes.

10.X.7.3.h Parks and Open Space: The general locations of parks needed in the Clackamas Regional Center Area are shown on the Map 10-CRC-3. Park locations are not site-specific.

10.X.7.3.i Greenway Trails: Off-street trails within designated greenways (e.g., Phillips Creek and Mt. Scott Creek) that provide opportunities for environmental restoration, recreation, and education.

10.X.7.3.j Plazas: Public gathering places are typically one acre or less and may be publicly or privately owned. Plazas are intended as public gathering places and community focal points.

10.X.7.3.k Natural Features: Natural features to be protected include creeks, wetlands, steep slopes, and wooded bluffs.

10.X.7.3.l Gateways: Key intersections to be reconstructed with special design and landscape treatments that are intended to provide a visual announcement that people are entering a special area.

10.X.8 Establish though zoning transit-oriented design standards to ensure that streets and buildings are supportive of pedestrian, bicycle, and transit trips.

10.Y Streets and Gateways Policies

10.Y.1 Establish design and dimensional standards that provide pedestrian oriented streets and buildings.

10.Y.2 Design and dimensional standards for streets and gateways are intended to:

10.Y.2.1 Improve pedestrian safety at crossings.

10.Y.2.2 Improve visual appeal of the streets.

10.Y.2.3 Improve the pedestrian environment along sidewalks.

10.Y.2.4 Provide on-street parking where appropriate to help provide a supply of public parking that supports reduced parking standards on private property, and separate pedestrians from auto traffic.

10.Y.2.5 Provide strong visual identity to distinguish the Regional Center from adjacent areas.

10.Y.2.6 Create a local block pattern for new roads to improve circulation for motor vehicles and pedestrians by providing shorter and more direct connections between uses.

10.Y.3 Boulevards, Main Streets, Gateways, and streets planned for Special Street Standards have been identified on Map 10-CRC-3. Figures 10-CRC-1 through 10-CRC-11 illustrate the intended standards for improvement.

10.Y.3.1 Exceptions to these standards may be allowed subject to topography, environmental constraints, available right of way, safety considerations, and as follows:

10.Y.3.1.a General elements of a gateway intersection are illustrated in Figures 10-CRC-1 and 10-CRC-7. Establish specific requirements through design.

10.Y.3.1.b Elements of the Main Street cross section may be modified to accommodate Light Rail Transit alignment.

10.Y.3.2 When developing Boulevard improvements, the County should develop and implement a strategy to minimize adverse impacts to adjacent businesses.

10.Y.4 New public and private streets should be designed to accommodate future development.

10.Y.5 Encourage retention and development of a local street network as shown on Map 10-CRC-4, and as otherwise required in the Clackamas Regional Center Area Design Plan.

10.Y.6 Require new streets to connect uses within a development and to adjacent property, when applicable.

10.Y.7 Allow new buildings to be oriented to private streets when these streets include sidewalks or raised walking surfaces, curbs, pedestrian-scale street lighting, and street trees.

10.Z Parks, Plazas, Civic Spaces, Open Space, Paths, and Linkages Policies

10.Z.1 Add parks and enhance open space to meet community needs in the general locations shown on Map 10-CRC-3. Coordinate park and open space efforts with the North Clackamas Parks and Recreation District. Provide additional parks as follows:

• Golf Course Area Park
• Overland Area Park
• Windmill Area Park
• Bell Area Park
• Northeast Area Park
• Causey Area Park
• Fuller Area Park
• Price-Fuller Area Park
• Springwater Area Park
   

10.Z.2 Provide plazas at the general locations shown on Map 10-CRC-3, as well as at major transit stops and stations, in high-intensity pedestrian areas, and near major employment facilities.

10.Z.3 Provide off-street pedestrian linkages at key locations to connect residential areas, parks, and major employment areas and attractions.

10.Z.4 Protect natural features such as wetlands, forested areas, and riparian habitat.

10.Z.5 Conduct a feasibility study of the need for a multipurpose community/cultural facility. The study should be coordinated with the County Tourism Development Council and area business groups.

10.AA Phillips Creek Greenway Policy

10.AA.1 Work with the North Clackamas Parks and Recreation District, public agencies, the private sector, and the community to implement the Phillips Creek Greenway Framework Plan, adopted by reference.

10.BB Urban Design Standards Policies

10.BB.1 Urban design standards shall be implemented to meet the goals of the Clackamas Regional Center Area Design Plan through standards in the Zoning and Development Ordinance.

10.BB.1.1 All new buildings in the Regional Center shall be oriented to existing or new private or public streets.

10.BB.1.2 Maximum front yard setbacks with pedestrian amenities are required in the Regional Center to further develop a high-quality pedestrian environment.

10.BB.1.3 Buildings on corner lots are encouraged to have entrances at the corner.

10.BB.1.4 When feasible and practical, buildings shall be placed to allow future infill and intensification of the site.

10.BB.1.5 Pedestrian amenities, as defined by the Zoning and Development Ordinance, may be used to satisfy specific percentages of landscape requirements.

10.BB.1.6 Where appropriate, the County may allow developments to utilize regional storm water facilities and/or for multiple property owners to utilize joint facilities.

10.BB.1.7 Drive-through facilities may be prohibited, limited, or conditioned to support the goal of creating high-quality pedestrian environments.

10.BB.1.8 Architectural design shall support and promote urban character.

Transportation Policies

10.CC Roads and Streets System Policies

10.CC.1. Construct all roadway improvements identified in Map 10-CRC-4 to maintain regional accessibility to the Regional Center and provide a network for all transportation modes that interconnects neighborhoods and districts, the Station Community, commercial areas, community centers, parks, libraries, employment places, other major activities, off-street pedestrian linkages, regional multi-use paths, and area greenway trails.

10.CC.2. Street Connectivity Policies

10.CC.2.1 Develop a block and grid street network that serves all transportation modes with short and direct public right-of-way routes.

10.CC.2.2 In all new developments adjacent to corridor arterial streets, require public street, private street, or private driveway connections to provide traffic flow parallel to the arterial.

10.CC.2.3 On major arterial streets, encourage public or private street connections at intervals of no more than 660 feet. Encourage more frequent public or private connections on other streets, especially those in areas planned for mixed-use or dense development.

10.CC.2.4 To reduce the number of local trips using 82nd Avenue, require and develop local street and commercial driveway connections on the east side of 82nd Avenue from Causey Avenue to Otty Road. These public or private connections shall be open to public access, and may be indirect if appropriate direct routes are not feasible. This policy applies to all land use, transportation, and development permits.

10.CC.3. Require public local streets, private streets, and driveway connections between developments to provide public access and circulation between land uses and reduce local trips on collectors and arterials. This policy applies to all land use, transportation, and development permits.

10.CC.4. In the Station Community, a network of public and private streets, including arterial, collector, and local streets, will provide excellent connectivity and pedestrian access to support transit access and utilization. Generally blocks will be no more than 450 feet in length.

10.DD Transit Policies

10.DD.1 Coordinate with Tri-Met to implement Clackamas Regional Center Area transit service improvements planned in the Tri-Met Primary Transit Network and Tri-Met Choices for Livability, and implement additional transit improvements identified on Map 10-CRC-6.

10.DD.2 Coordinate with Tri-Met, Metro, the Oregon Department of Transportation, and other agencies in funding and implementing the planned Clackamas Regional Center Area transportation improvements identified on Map 10-CRC-6.

10.DD.3 Coordinate with Tri-Met in evaluating a fareless square for the Clackamas Regional Center Area.

10.DD.4 Coordinate with a Transportation Management Association (TMA) to develop and operate a frequent, fareless or low-fare Loop Shuttle Service. A conceptual alignment for the shuttle service is indicated on Map 10-CRC-6; the actual alignment is to be determined by Tri-Met and the TMA.

10.DD.5 Establish park-and-ride lots at the periphery of the Regional Center. Future shuttle bus routes should include stops at potential park-and-ride sites and employer locations.

10.DD.6 To improve transit speed and the capacity of 82nd Avenue, add bus queue bypass lanes which allow buses to bypass auto traffic at traffic signals.

10.DD.7 Coordinate with Tri-Met to encourage and support development of structured park-and-ride lots at high-capacity transit stations. When surface parking facilities are provided, encourage TriMet to re-use these sites for transit-oriented development.

10.EE Pedestrian and Bikeway Network Policies

10.EE.1 Construct all pedestrian and bikeway network improvements identified on Maps 10-CRC-3, 10-CRC-7, and 10-CRC-7a, in Table 10-1 and in the Clackamas Regional Center Pedestrian/Bicycle Plan adopted by reference in Appendix A, in order to provide a network connecting Clackamas Regional Center Area neighborhoods and districts with transit stops, commercial areas, community centers, parks, libraries, employment places, other major activities, off-street pedestrian linkages, regional multi-use paths, and area greenway trails. Other local pedestrian and bikeway network improvements may be identified and developed during land use review and as part of public improvements.

10.EE.2 Collaborate with public agencies and private property owners, as appropriate, to implement the sign plan element of the Clackamas Regional Center Pedestrian/Bicycle Plan adopted by reference in Appendix A.

10.EE.3 Consider the prioritized list of projects identified in the Clackamas Regional Center Pedestrian/Bicycle Plan adopted by reference in Appendix A, when allocating public funds for pedestrian and bicycle network improvements in the Regional Center.

10.EE.4 In the development review process, new residential and mixed-use developments within the Station Community, Corridors, and Regional Center shall encourage pedestrian and bicycle travel by:

10.EE.4.1 Providing direct and convenient public right-of-way routes connecting residential uses with planned commercial uses, schools, parks, and other neighborhood facilities.

10.EE.4.2 Providing bike and pedestrian connections on public easements or right-of-way when full street connections are not possible, with connection spacing of no more than 330 feet, except where topography, barriers such as freeways, railroads, or environmental constraints such as streams, rivers, slopes, or environmentally sensitive areas prevent street extension.

10.EE.5 Sidewalks shall be constructed on all public and private streets in the Clackamas Regional Center Area, subject to topography and environmental constraints.

10.FF Transportation Demand Management Policies

10.FF.1 Work with Clackamas Regional Center Area employers and businesses to develop strategies that will reduce vehicle miles traveled to decrease congestion and improve air quality. Strategies to be considered include, but are not limited to, the following:

10.FF.1.1 Employer strategies that increase vehicle occupancy, encourage work trips outside peak travel times, and promote telecommuting.

10.FF.1.2 Facility improvements to encourage non-auto transportation modes, including:

• • building the area bike/pedestrian network;
• • implementing transit preference systems that give buses advantage over other vehicles;
• • providing transit and pedestrian amenities such as covered bus stops and lighting; and
• • providing on-site shower and dressing areas.

10.FF.1.3 Identifying County resources and incentives needed to promote and develop transportation demand management (TDM) programs for 82nd Avenue employers, and monitor the performance of 82nd Avenue corridor TDM programs conducted by employers.

10.FF.2 Develop a Transportation Management Association (TMA) with businesses within the Clackamas Regional Center Area and Tri-Met to manage TDM strategies and operate a Loop Shuttle Service.

10.FF.3 Work with employers and businesses within the Regional Center boundary and other targeted TDM areas to initiate a TMA to manage area TDM strategies and operate a Loop Shuttle Service.

10.GG Access Management Policies

10.GG.1 Implement the following access management standards on 82nd Avenue within the Clackamas Regional Center Area.

10.GG.1.1 Consolidate driveways/accesses to the targets shown on Map 10-CRC-8.

10.GG.1.2 Reduce signal spacing requirements from 1,320 feet to 500 feet, contingent on maintaining adequate signal progression.

10.GG.1.3 Coordinate with the Oregon Department of Transportation to reassess 82nd Avenue access management standards if the balance of efficient traffic flow with local access needs changes as adjacent land uses develop to the Corridor and Boulevard designs.

10.GG.2 Develop Clackamas Regional Center Area access management standards for the other areas of the Clackamas Regional Center Area that:

10.GG.2.1 Require driveway/access spacing to support the County functional classification of the road.

10.GG.2.2 Require new driveways/accesses to line up with driveways/accesses or public streets on the opposite side of the Corridor to promote safety and efficient access and egress.

10.GG.2.3 Encourage shared driveways/accesses with adjacent properties to meet minimum driveway access spacing standards that support the functional classification of the road.

10.GG.2.4 Encourage connecting driveways/accesses with adjacent properties.

10.GG.2.5 Require developments to provide rear access to public streets whenever feasible.

10.GG.3 Other than the new public street access identified on Map 10-CRC-8, do not allow additional access on Johnson Creek Boulevard between 82nd Avenue and I-205.

10.HH Parking Standards Policies

10.HH.1 Encourage more efficient land use, promote non-auto trips, and improve air quality within the Clackamas Regional Center Area by establishing, by zoning, minimum and maximum parking ratios.

10.HH.2 Encourage parking on all local and collector street classifications to provide a buffer between pedestrians and vehicle traffic, and provide public shared parking.

Housing Policies

10.II Housing Policies

10.II.1 Provide for a range and variety of housing types (size and density) and variety of ownership and rental opportunities, in a range of prices.

10.II.2 Encourage housing opportunities for employees in the Clackamas Regional Center Area by investigating partnerships to develop housing for workers in the area.

10.II.3 Limit expansion of commercial zoning into residential neighborhoods along the 82nd Avenue corridor.

10.II.4 Preserve existing manufactured dwelling parks by requiring a relocation plan to be developed and implemented by the developer for residents of manufactured dwelling parks whenever the zoning district designation on a manufactured dwelling park is changed to one other than MR-1. The County must approve the relocation plan as part of the zone change application.

10.II.5 Replace housing capacity lost in the study area by future Comprehensive Plan amendments or zone changes. Any application for a change in land use plan designation within the Clackamas Regional Center Area will be accompanied by a demonstration of how an equal amount of housing capacity is replaced on another site, or constructed on the site as part of a mixed-use development.

10.II.5.1 The purpose of this policy is to maintain the potential for the amount of housing identified in the Clackamas Regional Center Area Design Plan.

10.II.5.2 This policy would apply to Comprehensive Plan amendments or zone changes made subsequent to adoption of the Clackamas Regional Center Area Design Plan.

10.II.5.3 This policy would apply to quasi-judicial changes from residential to a non-residential use.

10.II.5.4 Replacement housing capacity could be located anywhere within unincorporated Clackamas County located within the Urban Growth Boundary.

10.II.5.5 Approval of a design review application and any other applicable land use permit for the required amount of replacement housing on a site in a commercial or office district, not including PMU sites, will meet the requirements of policy 10.II.5.

10.II.6 Form a County Housing Advisory Committee to counsel and advise the Board of County Commissioners on housing issues.

10.II.6.1 Clackamas County shall review its policies and ordinances regarding affordable housing and develop an affordable housing strategy with a series of tools to provide for a mix of housing types and prices in the County.

Sunnyside Corridor Community Plan

The Sunnyside Corridor Community Plan Area is one of the most rapidly urbanizing areas of Clackamas County. Most of the development has occurred in the last 20 years, and there is capacity for additional growth. The Sunnyside Village area has developed rapidly since adoption of the Sunnyside Village Plan in 1993, and has provided many lessons about integrating land use and transportation, mixing uses, and accommodating higher density housing types. New planning rules affect the ways the remaining areas must be planned. These include:

• The Region 2040 Urban Growth Management Functional Plan. Sunnyside Road was identified by regional planning efforts as appropriate for designation as a Corridor design type. Corridors are planned to be areas featuring a high-quality pedestrian environment, convenient access to transit, and higher employment concentrations and housing densities than surrounding areas. In order to support high-quality transit service, they are planned to be developed at densities that are somewhat higher than today (2000). Typical new development would include townhouses, and one- to three-story office, multifamily, and retail buildings.
• The National Marine Fisheries Service has listed several runs of Chinook Salmon and Steelhead in the Clackamas River as "threatened" under the Endangered Species Act. The Region 2040 Urban Growth Management Functional Plan, and the County water quality plans are responding to the listings. The listings may require additional protection of riparian corridors and area streams.

In addition, the recently completed Environmental Assessment for widening Sunnyside Road identifies opportunities and limits for the types of development that are feasible and prudent in the area. The Sunnyside Corridor Community Plan is designed to support the transportation improvements planned for Sunnyside Road by limiting land uses and thus traffic generation on Sunnyside Road, limiting accesses on Sunnyside Road, and increasing the connectivity within the neighborhood so that local trips won't have to use Sunnyside Road.

The Sunnyside Corridor Community Plan is designed to promote an urban form that will support alternative modes of transportation, such as walking, bicycling, and transit. Permitted land uses, the transportation network, and development standards are all designed to support alternative modes as well as auto use, and create a development pattern conducive to face-to-face community interaction. Designations for employment and higher density housing are located to support adopted public policy for the development of the regional transportation system.

The Sunnyside Corridor Community Plan is designed to focus the most intense development in two "development nodes" centered on 122nd Avenue and Sunnyside Road and on 132nd Avenue and Sunnyside Road. 122nd Avenue and 132nd Avenue must be improved to support the levels of traffic projected. There are three schools in the vicinity of 132nd Avenue, and it is heavily used by school children. A street design to promote safety, convenience, and comfort is of utmost importance.

The remainder of the Comprehensive Plan applies to the Sunnyside Corridor Community Plan Area. The Sunnyside Corridor Community Plan describes the goals and policies that are specific to the Sunnyside Corridor Community Plan Area. The Sunnyside Corridor Community Plan takes precedence where conflicts exist between it and the remainder of the Comprehensive Plan.

The Sunnyside Corridor Community Plan applies to the area shown on Map 10-SC-1, from 117th Avenue to the western boundaries of the Sunnyside Village. The primary focus of the Plan is the area immediately adjacent to Sunnyside Road and other areas with vacant and redevelopable land, especially the future urban areas east of 132nd Avenue.

Goals

• Ensure the efficient use of land and urban services.
• Provide a mix of housing types, densities and price ranges to accommodate the diverse housing needs of the projected population.
• Encourage jobs and services along the Sunnyside Corridor to be concentrated at major intersections.
• Provide a transportation network that emphasizes an interconnection of streets, alleys and pedestrian ways that encourage transit, bicycle and pedestrian trips and provide opportunities for neighborhood circulation that avoids having to use Sunnyside Road.
• Reduce access points along Sunnyside Road.
• Facilitate development of sub-regional storm drainage detention and sediment control facilities that enhance water quality in area streams and provide adequate storm water detention.
• Provide adequate infrastructure.
• Provide for joint-use public facilities to reduce the land area committed to public uses.
• Protect the character of existing neighborhoods.

Land Use

10.JJ General Land Use Policies

10.JJ.1 Map 10-SC-2 illustrates the land use plan designations for the Sunnyside Corridor Community Plan Area. The following designations may be allowed: Low Density Residential, Medium High Density Residential, Office Apartment, Community Commercial, and Public and Community Use. Policies directing the application of these land use plan designations are located in Chapter 4. In addition, policies establishing special standards for these designations when applied in the Sunnyside Corridor Community Plan Area are set out in Policies 10.JJ.2 to 10.LL.5, below.

10.JJ.2 The Corridor design type, as defined in Chapter 4, shall be applied along Sunnyside Road from approximately 117th Avenue to 138th Avenue. The Corridor design type location shall be defined within the Sunnyside Corridor Community Plan Area as development nodes, which are delineated on Map 10-SC-1.

10.JJ.2.1 The development nodes will contain concentrations of higher intensity development, separated by Office Apartment or Low Density Residential uses.

10.JJ.2.2 Corridor Policies 4.I.1.1 through 4.I.1.5 of the Urban Growth Concept section of Chapter 4 shall be applicable to the development nodes.

10.JJ.2.3 The development nodes will include a complementary mix of land uses. The following uses are expected to be found in the Corridor design type area: retail, services, offices, schools, religious facilities, community facilities, and multifamily residential.

10.JJ.2.4 The following land use plan designations may be located within the development nodes: Community Commercial, Office Apartment, Medium High Density Residential and Low Density Residential.

10.JJ.2.5 The Corridor design type development nodes shall not be expanded to include additional land area.

10.KK Residential Policies

10.KK.1 Residential land use plan designations shall be allowed in the Sunnyside Corridor Community Plan Area to provide for a variety of housing choices that are compatible with the character of the area, support current and projected demographics and ensure a range of densities to promote an efficient use of the land and urban services.

10.KK.1.1 The Low Density Residential designation shall be applied in many locations in the Sunnyside Corridor Community Plan Area, including locations on Sunnyside Road between development nodes. R-7 zoning shall be applied to areas designated Low Density Residential that are located east of 132nd Avenue, south of Sunnyside Road and west of the Sunnyside Village.

10.LL Commercial Policies

10.LL.1 The Office Apartment land use plan designation shall be applied in the Sunnyside Corridor Community Plan Area to provide for employment and limited housing uses. The Office Apartment designation shall be applied as depicted on Map 10-SC-2 and may be applied in other locations when the Chapter 4 criteria for designation of Office Apartment areas are met.

10.LL.2 The Community Commercial land use plan designation shall be allowed only on the south side of Sunnyside Road within the development node at the intersection of 122nd Avenue. This designation is provided to meet the retail needs of the Sunnyside Corridor Community Plan Area.

Transportation

10.MM Streets, Alleys, and Pedestrian Connections

10.MM.1 Integrate land use with the transportation network in the Sunnyside Corridor Community Plan.

10.MM.2 All new developments shall provide streets, vehicular connections and pedestrian connections as shown on the Map 10-SC-3 and Map 5-4a.

10.MM.2.1 New streets and connections identified on Map 10-SC-3 as "location determined" may be modified only when it can be shown that the depicted street or connection is impractical to develop due to wetlands, topographic conditions, resource protection, or pre-existing lotting patterns.
10.MM.2.2 The precise location for new streets and connections depicted as "location flexible" will be determined during the development review process.

10.MM.3 In addition to the vehicular and pedestrian connections required on Map 10-SC-3, safe and convenient pedestrian connections shall be used to enhance access between residential and commercial developments, public facilities, activity centers, and streets when public streets are not feasible.

10.MM.3.1 A system of pedestrian connections shall be provided from subdivisions and multifamily developments to the following commercial or public facilities: existing or planned transit facility, school, park, outdoor activity area, plaza, day care center, children's play area, library, church, or similar facility; and

10.MM.3.2 Pedestrian access shall be provided from a dead-end street, cul-de-sac, or mid-block where the block is longer than 330 feet; and

10.MM.3.3 Commercial developments shall be integrated with the neighborhood. If direct pedestrian access is not provided between commercial developments and adjacent residential areas via public streets and sidewalks, additional pedestrian and bicycle access shall be provided.

10.MM.4 132nd Avenue south of Sunnyside Road shall be constructed to the street standards as depicted in Figure 10-SC-1.

10.MM.4.1 No new residential driveway accesses shall be allowed on 132nd Avenue south of Sunnyside Road.

10.MM.4.2 The fronts or sides of primary dwelling units shall be oriented to 132nd Avenue. Back yards shall not line 132nd Avenue.

10.MM.4.3 Facades facing 132nd Avenue shall not consist of a blank wall.

10.MM.5 New local streets and new connector streets shall comply with the following design standards

10.MM.5.1 Orient local streets whenever practical so that at least 50 percent of the lots front north or south to take advantage of solar access.

10.MM.5.2 Provide on-street parking, landscape strips between sidewalk and street, sidewalks on both sides of the street, street trees, and short pedestrian crossing distances at intersections. Figure 10-SC-2 illustrates a typical street cross section.

10.MM.6 Provide vehicular and/or pedestrian connections between residential developments, public facilities, neighborhood services, and the collector and arterial street system.

10.MM.7 Alleys shall be allowed in all residential zoning districts. All alleys shall be private streets and shall be constructed as depicted in Figure 10-SC-3.

10.MM.8 Access controls on Sunnyside Road shall be consistent with the preliminary design for Sunnyside Road as shown in the Sunnyside Road Environmental Assessment or more detailed design and engineering work undertaken for Sunnyside Road. In addition, the following shall be applied:

10.MM.8.1 Consolidate driveways to the targets shown on Map 10-SC-5, Access Management Targets for Sunnyside Road.

10.MM.8.2 Whenever possible, driveway accesses shall be consolidated as development and re-development occurs. Temporary accesses may be allowed when Office Apartment sites develop incrementally, but only if a master plan has been approved demonstrating how and when further driveway consolidation shall occur.

10.MM.8.3 To maintain the flow of traffic on Sunnyside Road, driveways may be restricted to right-in, right-out only.

10.MM.8.4 Office Apartment and Commercial developments shall minimize vehicular access to Sunnyside Road, with primary access provided on side streets whenever possible.

Parks, Recreation, and Natural Resources

10.NN Natural Resource Protection

10.NN.1 Restrict development of natural resource areas, including: slopes greater than 20 percent, confirmed landslide hazard areas, flood hazard areas, stream buffers, wetlands, and significant natural areas.

10.NN.2 Except in stream corridor and wetland buffers, residential development may be allowed within restricted areas when it is consistent with the policies in the Natural Hazards section of Chapter 3 and the Open Space and Floodplains section of Chapter 4.

10.OO Parks, Open Space, and Recreation Trails

10.OO.1 Provide parks that are equitably distributed and accessible from throughout the Sunnyside Corridor Community Plan Area.

10.OO.2 Facilitate park and recreation and storm water detention and treatment providers to cooperate in the development of facilities that meet the needs of both agencies.

10.OO.3 At the time of site development, trails shown on Map 10-SC-6 shall be constructed to standards established by the North Clackamas Parks and Recreation District (NCPRD).

10.OO.4 Map 10-SC-6 depicts the general location of a trail that will connect to an adjacent trail in the Sunnyside Village. The final location of this trail will be determined as development occurs.

10.OO.5 All designated trails identified on Map 10-SC-6 shall be either dedicated to, or granted as an easement to, NCPRD, which will be responsible for their maintenance.

McLoughlin Corridor Design Plan

The Portland metropolitan area has changed significantly in the past 20 years, and will likely experience more changes in the future. McLoughlin Boulevard, and the business and residential areas that surround it, have also changed – reflecting population and traffic changes, shifts in retail market and development types, and infill and maturation of the nearby residential neighborhoods.

A number of issues affect the future of the McLoughlin Corridor, which provided the impetus for a special study of the area in 1998-99, including:

• McLoughlin Boulevard has been identified as a Regional Street in the Region 2040 Urban Growth Management Functional Plan, and is expected to continue to support high levels of through and local vehicular traffic.
• The area along McLoughlin is designated a Corridor in the Region 2040 Urban Growth Management Functional Plan. A Corridor is intended to feature a high-quality pedestrian environment and convenient access to transit, while continuing to meet the needs of the automobile. Corridor areas are expected to transition to higher residential and employment densities through infill and redevelopment.
• The Oregon Highway Plan designates McLoughlin Boulevard as a District Highway. As a District Highway, McLoughlin Boulevard provides a link between urbanized areas and also serves local access and traffic. The management objective is to provide for safe and efficient, low-to-moderate-speed traffic flow and for pedestrian and bicycle movements.
• McLoughlin Boulevard has been designated for frequent bus service.
• The Oregon Department of Transportation (ODOT) needs to evolve policies and standards for state highways in urban areas such as the McLoughlin Corridor.

The County worked with state and local agencies, a citizen's workgroup, and the general public through a series of open houses, to develop a plan in response to these issues.

The focus of the McLoughlin Corridor Study became the design of the street itself. McLoughlin Boulevard was the first four-lane highway constructed in the State. It was constructed in the 1930s and has been improved incrementally since then. It generally has 120 feet of right-of-way, with an improved width of 80 to 90 feet. Several of the State and County policies that describe how a District Highway or major arterial is to be designed and constructed remain to be implemented.

The McLoughlin Corridor Design Plan is not intended to repeat policies that cover issues already addressed by other State and County plans, such as the need for continuous sidewalks, bike lanes, street lighting, and transit improvements. The Design Plan also does not attempt to modify existing State or County policies for access control. Instead, the Design Plan focuses on designing aspects of the street for greater safety, aesthetics, and utility, especially including a landscape strip between the curb and sidewalk. Both safety and appearance will be improved by consistent design, including continuous bike lanes, landscape strips, sidewalks, street lights, transit amenities, fewer driveways, and no on-street parking. The Design Plan includes typical cross sections, with strategies to apply them in the context of design work leading up to a reconstruction of McLoughlin Boulevard and in the context of development review.

Land uses in the McLoughlin Corridor were reviewed. A market analysis addressed the market for a range of land uses, and the types of employment and housing densities that are suitable for the Corridor. It was determined that the employment and housing uses and densities appropriate to a Corridor are already feasible under the existing land use plan designations provided for in the Comprehensive Plan.

Land uses would be better served in terms of access and circulation if there were better connectivity between parking lots, and between parking lots and streets to the side or rear of the development. The image of McLoughlin Boulevard would be improved if the existing sign ordinance were better enforced. An improved appearance may lead to more investment, more patronage of businesses, and more job creation.

The remainder of the Comprehensive Plan is applicable to the McLoughlin Corridor. The McLoughlin Corridor Design Plan describes the goals and policies that are specific to the McLoughlin Corridor. This Design Plan takes precedence where conflicts exist between it and the remainder of the Comprehensive Plan.

Goals

• Design and improve McLoughlin Boulevard to serve the needs of travelers by all modes of transportation along and across the roadway.
• Design McLoughlin Boulevard to serve a balance between regional through traffic and local access for businesses and residents.
• Design McLoughlin Boulevard to serve regional and local traffic, including public transportation, bicycles and pedestrians.
• Enhance safety for all travel modes and improve the aesthetic appeal of McLoughlin Boulevard.
• Create a high-quality pedestrian environment, convenient access to transit, and a mix of land uses that implement the Corridor design type.
• Enhance pedestrian safety, especially pedestrian crossings near schools.

Land Use

10.PP Land Use Policies

10.PP.1 The Corridor design type, as defined in Chapter 4 and displayed on Map 10-MC-1, shall be applied along McLoughlin Boulevard.

10.PP.2 The Corridor design type is applied to properties within the McLoughlin Corridor study area that have the following Comprehensive Plan land use designations: General Commercial, Special High Density Residential, High Density Residential, Medium High Density Residential, and Medium Density Residential, and are no more than 650 feet from the McLoughlin Boulevard right-of-way.

10.PP.3 Corridor Policies 4.I.1.1 through 4.I.1.5 of the Urban Growth Concept section of Chapter 4 shall be applicable within the Corridor design type area.

10.PP.4 Commercial developments shall integrate with adjacent neighborhoods by providing, at minimum, excellent pedestrian access.

10.PP.5 A range of land use designations may be applied within the Corridor design type area. Land use designations that provide primarily for employment and shopping and land use designations that provide primarily for multifamily dwellings shall be considered. Land use designations applicable in the Corridor design type area are:

10.PP.5.1 Commercial land use designations that may be applied include: General Commercial, Retail Commercial, Office Commercial, and Office Apartment. Any site designated for a commercial use shall be located adjacent to McLoughlin Boulevard.

10.PP.5.2 Residential land use designations that may be applied include: Special High Density Residential, High Density Residential, Medium High Density Residential, and Medium Density Residential. Residential land use designations should generally be located so as to form a buffer between commercial uses adjacent to McLoughlin Boulevard and low density residential areas.

10.PP.5.3 When applying for a Comprehensive Plan map amendment to a Residential land use designation in the McLoughlin Corridor, the applicant's property shall have access to a street designated as a major or minor arterial, collector, connector, or local. Siting should not result in significant traffic increase on local streets serving low density residential areas.

Transportation

10.QQ Transportation Policies

10.QQ.1 Encourage circulation to occur between businesses by requiring that adjacent parking lots be connected to each other or to a street at the side or rear of the development.

10.QQ.2 Develop a program for enforcement of the County's sign ordinance on McLoughlin Boulevard. Potential strategies include: providing additional funding and establishing priority with the County's Code Enforcement Section; and setting up a "Corridor Committee" of property owners and business owners who would work toward compliance by setting a good example, discussion, persuasion, and soliciting compliance in a friendly way.

10.QQ.3 ODOT's access standards are applicable to McLoughlin Boulevard, as are their roadway standards between the curbs.

10.QQ.4 Apply the typical cross sections as shown on Figures 10-MC-1a and 10-MC-1b. Map 10-MC-2 shows where the various cross sections generally apply. These cross sections for the area of the roadway adjacent to a development (generally sidewalks and landscape strips) shall be required during development review.

10.QQ.4.1 The standard arterial segment cross section is preferred at locations between intersections. In areas where the topography adjacent to the outside of the sidewalk slopes so that a retaining wall higher than three feet would be required, the landscaped buffer may be reduced in width. The topographically constrained cross section on Figure 10-MC-1a portrays the maximum reduction in the improved width (landscaped buffer reduced to zero, but no reduction is allowed in sidewalk width). Reduction in the width of the landscaped buffer shall be the minimum necessary, considering a retaining wall three feet high.

10.QQ.5 The typical cross sections as shown on Figures 10-MC-1a and 10-MC-1b, and indexed on Map 10-MC-2 shall be used as guidelines for specific designs for reconstruction of McLoughlin Boulevard. More specific design work produced in preparation of a reconstruction of McLoughlin Boulevard may replace the typical cross sections in regard to requirements for development and redevelopment. Design work for road reconstruction should start with the Final Report of the McLoughlin Corridor Land Use and Transportation Study as a guide.

10.QQ.6 Transit improvements in the McLoughlin Corridor should include a transit shuttle through the McLoughlin Corridor area.

Last Amended 5/23/18

Mt. Hood Community Plan
Last Amended 5/23/18

Sunnyside Village Plan
Last Amended 7/1/22

Clackamas Industrial Area & North Bank of the Clackamas River Design Plan
Adopted 2/13/97

Clackamas Regional Center Area Design Plan
Last Amended 7/1/22

Sunnyside Corridor Community Plan
Last Amended 7/1/22

McLoughlin Corridor Design Plan
Last Amended 10/13/14

The purpose of Clackamas County's comprehensive planning process is to establish a framework for land use decisions that will meet the needs of County residents; recognize the County's interrelationships with its cities, surrounding counties, the region, and the state; and ensure that changing priorities and circumstances can be met. Coordination with other governmental agencies and refinement of this Plan and County ordinances is essential to achieve this end.

Issues

• Coordination with cities, special districts and federal, state and regional agencies
• Compatibility of County planning programs with those of other jurisdictions and agencies
• Relationship of changing circumstances to County plans and ordinances
• Implementation of County goals and policies
• Public and private costs
• Administration of ordinances and programs

Summary aof Findings and Conclusion

• Comprehensive planning in Oregon is mandated by the State. The 1973 Legislature adopted Senate Bill 100 (ORA Chapter 197) which established the Land Conservation and Development Commission (LCDC) and directed the commission to adopt Statewide Planning Goals and Guidelines. LCDC Goals and Guidelines were adopted in December 1974, and became effective January 1, 1975.

The Statewide Planning Goals require Clackamas County to:

• Provide opportunity for citizen involvement
• Establish a land use planning process and policy framework
• Preserve and maintain agricultural lands
• Conserve forest lands for forest uses
• Conserve open space and protect natural and scenic resources
• Maintain and improve the quality of our air, water and land resources
• Protect life and property from natural disasters and hazards
• Satisfy the recreation needs of the citizens of the state and visitors
• Diversify and improve the economy of the state
• Provide for the housing needs of the citizens
• Plan and develop a timely, orderly, and efficient arrangement of public facilities and services
• Provide and encourage a safe, convenient, and economic transportation system
• Conserve energy
• Provide an orderly and efficient transition from rural to urban land use
• Protect, conserve, enhance and maintain the natural scenic, historical, agricultural, economic and recreational qualities of the Willamette Greenway
• LCDC adopted 19 statewide goals, of which the 15 listed above apply to Clackamas County. The remaining goals (16-19) apply only to Oregon's coastal areas.
• This Plan satisfies requirements and goals of the Land Conservation and Development Commission. The 15 goals that apply to Clackamas County are addressed within various chapters of the Plan, some as individual topic areas, and others covered in more than one chapter.
• Metro is responsible for coordinating land use planning activities of the jurisdictions within its district, including:
• Coordinating local plan review for consistency with statewide goals and guidelines within the Metro jurisdiction. Plans of jurisdictions outside the district are reviewed by the County.
• Requiring, local plans be consistent with the Metro Land Use Framework Element, the Region 2040 Urban Growth Management Functional Plan and Statewide Planning Goals.
• Requiring amendments to the Plan in a timely manner consistent with regional goals and objectives and/or functional elements.
• More than 150 different federal and state agencies, local governments, and special purpose districts provide services and are involved in planning or engage in activities which directly affect the scope and direction of the County's Plan. Agency boundaries seldom coincide.
• Interagency coordination is necessary to assure that the activities of the agencies reinforce each other and this Plan.
• Area-wide management of problems is needed for transportation, air and water quality, housing and solid waste.
• The County contains 15 cities, all of which have adopted or intend to adopt, comprehensive plans, which may include land outside their boundaries.
• The County contains over 100 special districts, which provide services to unincorporated areas.

City, Special District and Agency Coordination

Clackamas County recognizes that many activities and problems spill across political boundaries, making coordination with special districts, cities, and state and federal agencies essential.

City, Special District and Agency Coordination Goals

• Provide a coordinated approach to problems which transcend local government and special purpose district boundaries or responsibilities.
• Coordinate various agency capital improvement programs with the County's Comprehensive Plan.
• Direct the activities of the various agencies toward implementation of this Plan.
• Establish specific areas adjacent to city boundaries within which the County will coordinate land use actions with the individual city, and within which formal plan agreement will be sought.

11.A City, Special District and Agency Coordination Policies

11.A.1 Participate in interagency coordination efforts with federal, state, Metro, special purpose districts and cities. The County will maintain an updated list of federal, state and regional agencies, cities and special districts and will invite their participation in plan revisions, ordinance adoptions, and land use actions which affect their jurisdiction or policies.

11.A.2 Request state and regional governments, cities and special districts to inform the County of needs which should be addressed in the County's planning program.

11.A.3 Encourage and assist Metro in developing and updating its regional database.

11.A.4 Actively participate with Metro in identifying regional needs and priorities and implementing functional plans.

11.A.5 Continue to assist its citizens in contacting and communicating with other governmental agencies.

11.A.6 Adopt Urban Growth Management Agreements with each city and offer to sign such agreements with all special districts.

11.A.7 Apply this Plan to unincorporated dual interest areas, except those areas where the County has adopted city plan designations in accordance with an urban growth management agreement. Such agreements may provide that the County will not plan or zone dual interest areas at urban densities prior to their annexation by a city. After annexation to a city, this Plan will continue to apply, in accordance with the provisions of ORS 215.130, until the city applies its own land use plan and/or zoning designation. The County will revise Urban Growth Management Agreements to ensure that all agreements include provisions consistent with ORS 215.130.

11.A.8 Notify the parties to Urban Growth Management Agreements of proposed land use actions and Plan amendments and encourage participation in formulating and evaluating the proposals. Request necessary technical assistance in assessing impacts on the area and enter all formal comments into the public record.

11.A.9 Ensure consistency between city and County plans. Any conflicts shall be stated in an Urban Growth Management Agreement, and resolution of these conflicts will occur through the Plan amendment process.

11.A.10 Engage the public in development of intergovernmental agreements.

Amendments and Implementation

Clackamas County citizens need a Comprehensive Plan that will meet and guide changing needs and circumstances for the physical and economic growth within the County. The adoption of the Comprehensive Plan is not an end in itself. The Plan must be implemented by governmental or citizen action. It must be kept current through periodic review and appropriate revision.

Amendments and Implementation Goals

• Ensure that policies in this Plan are implemented.
• Establish Plan review and revision procedures that include provisions for participation by citizens and affected governmental units.
• Ensure an adequate factual base for decisions and actions.

11.B Amendments and Implementation Policies

11.B.1 Ensure that the Comprehensive Plan and County ordinances meet the goals of LCDC, the Region 2040 Urban Growth Management Functional Plan and the Metro Framework Plan.

11.B.2 Ensure that the Comprehensive Plan is regularly reviewed and revised.

11.B.2.1 Establish administrative and organizational procedures to ensure adequate monitoring of population, vacant lands, transportation systems, public facility capacities, and environmental and economic changes, including a computerized data retrieval system.

11.B.2.2 Maintain the adopted citizen involvement program to provide a means for the public to express their views on County or community needs, changes and improvements.

11.B.2.3 Periodically reassess goals, general policies and implementation, as well as the database and alternatives on which this Plan is based.

11.B.2.4 Formally review the Comprehensive Plan at periodic intervals.

11.B.3 Amend the Comprehensive Plan pursuant to the following procedures and guidelines.

11.B.3.1 Allow initiation of a map amendment only by the Board of County Commissioners, the Planning Commission, the Planning Director, or the owner of the property for which a change is requested.

11.B.3.2 Allow initiation of a text amendment only by the Board of County Commissioners, the Planning Commission, or the Planning Director.

11.B.3.3 Consider all proposed Comprehensive Plan amendments at advertised public hearings before the Planning Commission and the Board of County Commissioners, in accordance with state law and County requirements.

11.B.3.4 For quasi-judicial amendments, provide notice of application and public hearing to nearby property owners and the applicable Community Planning Organization a minimum of 20 days prior to the first scheduled public hearing. Provide a copy of the application to the applicable Community Planning Organization a minimum of 35 days prior to the first scheduled public hearing. For legislative amendments, provide notice of proposal and public hearing to all active and recognized Community Planning Organizations a minimum of 20 days prior to the first scheduled public hearing. Ensure that the proposal is available for review a minimum of 35 days prior to the first scheduled public hearing.

11.B.3.5 Provide the opportunity for the Department of Land Conservation and Development and Metro to review and comment on proposed legislative amendments, pursuant to the applicable provisions of state law and the Metro Code .

11.B.3.6 Recognize the Board of County Commissioners as the decision making body for amendments, but provide for the Planning Commission to make recommendations to the Board on these amendments, except in the case of a Plan amendment to designate an historic resource, in which case the Historic Review Board shall be the recommending body.

11.B.4 Coordinate the Plan with regional policies by allowing the acknowledged Plan to be "opened" periodically for amendments that specifically consider compliance with regional goals and objectives and functional elements.

11.B.4.1 "Open" the Plan, each of its elements, and the implementing ordinances for amendments that consider compliance with the goals and objectives and functional plans of Metro on a periodic basis.

11.B.4.2 Recognize that this provision is not to be construed as waiving any legal rights that the County may have to challenge the legality of a regional goal, objective or plan revision.

11.B.5 Authorize the Planning Director to make the initial decision on any questions of interpretation or applicability of this Plan. Provide for the initial decision to be appealed to the Planning Commission and for the Planning Commission's decision to be appealed to the Board of County Commissioners.

11.B.6 Implement this Plan through appropriate ordinances and action.

11.B.6.1 Amend existing ordinances and adopt new ordinances to carry out the policies of this Plan.

11.B.6.2 Apply zoning in a timely manner that is consistent with this Plan.

11.B.6.3 Require all zoning and subdivision ordinances to be consistent with the intent of, and based on, this Plan.

11.B.6.4 Require all actions of the County on conditional uses, variances, and zone changes to be consistent with the intent of this Plan.

11.B.7 Consider the development and adoption of Plan amendments to meet special needs within specific neighborhoods or communities.

11.B.7.1 Develop when necessary detailed plans for areas of significant new development or redevelopment, Rural Communities, additional rural areas or areas of transition from rural to urban areas.

11.B.7.2 Develop appropriate community plans to implement housing, transportation and park policies where necessary at the community level.

11.B.8 Provide public facilities and services appropriate for urban and nonurban designations through participation with regional agencies, cities and special districts in studies to determine needs, service areas and jurisdictional responsibility.

11.B.8.1 Include opportunities for appropriate citizen participation in all facilities and service plans and implementation decisions.

11.B.9 Pursue, as deemed appropriate, enactment or amendment of state statutes and regulations to facilitate opportunities for achieving the goals of this Plan.

11.B.10 Develop public financing systems that are more capable of providing the revenues needed to finance the public improvements needed to implement this Plan.

11.B.10.1 Actively pursue funding possibilities including public/private partnerships, federal or state grants, real estate transfer tax, and tax increment financing to realize practical application and benefit of this Plan's policies.

11.B.10.2 Pursue annual development of a Capital Improvement Program for the coming fiscal year, the next five years, and the long-term outlook.

11.B.10.3 Coordinate with federal, state and regional governments to maximize their contributions to County projects.

11.B.10.4 Evaluate the use of a systems development charge based on the development's impact to help alleviate its impact on transportation facilities, open space and other publicly financed facilities.

11.B.11 Ensure maximum public benefit from the policy directions in this Plan and the provisions in implementing ordinances by continuing to promote public information/education on land use opportunities and constraints.

11.B.12 Continue to administer state agency regulations at the local level in those cases where doing so will improve service to the people of the County. State programs that currently lend themselves to County administration include soil tests for septic tank suitability.

Last Amended 5/23/18

Nearly one third of a million people call the 1,893 square miles of Clackamas County home.

The County's settlement pattern has resulted in small communities, most of which are clustered in the northwest part of the County.  Most of the housing is attractive and structurally sound.  Business and industry have established the reputation of being good neighbors.

County residents value the clean water, the thriving fisheries of the rivers, the glistening year-round snow of Mt. Hood, and the verdant carpet of timber on mountain slopes.  They also value the proximity of jobs, services, and the cultural advantages of Portland.

This combination of an unspoiled natural environment, rich in contrasting beauty, and the pleasant cultural environment of local communities and neighboring Portland, has inspired County residents to turn their attention to what the future may bring.

Why Plan

Planning is essentially an organized attempt at community foresight.  It seeks to guide the future conservation and development of an area within a framework of goals and policies consistent with physical constraints, legal requirements and attitudes and resources of the community.  The basic aim of the Comprehensive Plan is to organize and coordinate the complex interrelationships among people, land, resources, and facilities in such a way as to protect the future health, safety, quality of life and welfare of Clackamas County residents.

Goals

The overall goals of the Plan are:

• Balance public and private interests and adopt a coordinated set of goals and policies to guide future development in Clackamas County.
• Identify the most appropriate land uses for individual sites by evaluating site characteristics in light of market demand, human needs, technology, and state, regional, and County goals.
• Provide for growth in areas where public facilities can economically be provided to support growth.
• Create development opportunities most compatible with the fiscal and financial capacity of the County and its residents.
• Implement the policies of this Plan by adopting a zoning map and set of regulations, and by guiding public investments to support anticipated growth.
• Establish a system whereby individual interests may be compared to stated County policy, and provide a process for review and amendment of those policies as expressed in this Comprehensive Plan.

Foundation in the Past

This Plan is the culmination of Clackamas County's comprehensive planning efforts.  The first Plan was adopted in 1974, with major updates in 1980 and 1992.  In addition, revisions to the plan text and maps have been made periodically in response to an opportunity, or a state, federal or regional requirement.  All revisions to the plan have been developed through a process including public input in development of plan concepts, and public hearings on specific proposed plan language.  Much of the Plan is carried over in each update.

Revisions to the Plan are necessary because:

• The Plan calls for regular review and revision.
• Statewide Planning Goals, adopted by the Land Conservation and Development Commission in 1974, require periodic review.
• The County's population, housing, natural resources, employment and traffic have changed since the first Plan was adopted, and are expected to continue to change over time.
• New state laws, Administrative Rules (OARs), and court decisions regularly occur that further specify the relationship between planning and zoning, or establish new requirements or opportunities.

This Plan considers, and includes as a part of this Plan, the Mt. Hood Community Plan adopted in 1982 by Order No. 76-1855 and all subsequent amendments to it.  All parts of the Mt. Hood Plan are deemed consistent with this Plan.  Procedures for amending the Mt. Hood Community Plan shall be governed by policies for amendments and procedures in Chapter 11 of this Plan.

Hope for the Future

While continuity is one strength of comprehensive planning, the ability to adapt policy to changing needs and conditions is another.  This plan builds on earlier Comprehensive Plans.  It addresses concerns about energy and housing, for instance, which our society ignored previously.  It attempts to resolve administrative problems encountered during the first years the Plan was used.  With each update, the Comprehensive Plan is supported by better information and a more effective citizen involvement process.  Consequently, this Plan can better guide development to the year 2020 than its predecessor, and it contains policies for future revision and amendment.

How to Use this Plan

This Plan, together with its supporting documents and the Court Orders by which it is adopted, is an official policy statement of the County.

Goals and Policies in this Plan direct future decisions on land use actions, ordinance amendments, zone changes, capital expenditures, procedures, and pro­grams.

Plan Maps, in conjunction with the goals and policies, direct development and identify areas subject to various policies.

Each chapter of the Plan consists of:

• Background
• Issues
• Summary of Findings and Conclusions
• Goals
• Policies

The facts on which the Plan is based are in the supporting documents listed at the end of the Plan and in the Court Orders by which the Plan is adopted.

The Land Use chapter defines land use categories, specifies the site conditions used to qualify land for each category of use, and explains allowed uses or uses which may be established under certain conditions.  Other chapters contain policies that are less site specific.  Cross-references are provided where pitfalls to using the Plan are anticipated.  Chapter 10 of the plan includes specific community or design plans, where certain policies may apply that do not apply elsewhere under the plan.

Most development proposals need only comply with provisions of implementing measures such as the zoning and subdivision ordinances.  Some may require a zone change.  Changes of the zoning map may be approved to allow a use equal to, or of less intensity than, the Plan specifies.

If the Plan does not accommodate the requested zone change, the applicant may request a Plan amendment.  In most cases, the easiest way to accomplish this is to seek reclassification on the land use map based on the criteria for designating the desired category and showing that the site in question meets those criteria (see Chapter 11 for amendment procedures).

If a more fundamental change is desired, such as a change in the County's goals or definitions, the same procedure must be followed.  However, changes must comply with state and regional goals and result in a Plan which is internally consistent.

Implementation Costs

Policies throughout this Plan, as well as in Chapter 11, direct how the Plan will be implemented.  The costs involved and the limitations on County financial resources will require that priorities be set to insure that implementation of the Plan is financially responsible.

What Does This Plan Do?

Overall Perspective

• Recognize urban-rural identities
• Resource preservation emphasis in farm, forest, and rural areas
• Manage growth in urban areas
• Diverse, interesting, and active urban community in the northwest corner of the County
• People activities focused at urban centers
• Landscapes, rivers and other natural attractions protected.

Prospects for the Urban Community

• Energy savings in land use patterns, housing, and transportation
• Desirable and affordable housing
• Livable neighborhoods
• More jobs for present and future residents
• Protected open spaces, streams, and hillsides
• Cost efficiency in providing roads, sewers, and other public services
• Fairer system of distributing necessary costs.

Last Amended 5/3/01

1002.01 Hillsides

1. Development on slopes greater than or equal to 20 percent and less than or equal to 35 percent–except that for residential development in the RR, MRR, and HR Districts, the upper limit is 25 percent—shall require review of a Type I application pursuant to Section 1307, Procedures, and shall be subject to the following standards:
   1. No partition or subdivision shall create any new lot or parcel which cannot be developed under the provisions of Subsection 1002.01.  
   2. Grading, stripping of vegetation, and lot coverage by structures and impervious surfaces shall be limited to no more than 30 percent of slopes 20 percent or greater.  Variances to this standard may be granted pursuant to Section 1205, Variances.  A variance shall not be granted unless the proposed development satisfies the following conditions:
      1. The proposed lot coverage shall not exceed the maximum lot coverage standard of the zoning district;
      2. The additional lot coverage, grading, or stripping shall not:
         1. Decrease the stability of the slope;
         2. Appreciably increase erosion, sedimentation, or drainage flow from the property; or  
         3. Adversely impact high-priority open space as defined in Section 1011, Open Space and Parks.  
      3. Measures shall be employed to minimize grading or filling to accomplish the development.  
      4. Disturbed areas shall be compacted if necessary and re-vegetated as soon as practical and before the annual wet season.  
   3. Buildings shall be clustered to reduce alteration of terrain and provide for preservation of natural features.
   4. Creation of building sites through mass pad grading and successive padding or terracing of building sites shall be avoided.
   5. Roads shall be of minimum width, with grades consistent with County specifications.  One-way streets may be allowed.  
   6. Re-vegetation of all graded areas shall be the responsibility of the developer and shall occur as soon as feasible following the final grading.  Maintenance of the slopes shall be the responsibility of the developer until the property ownership is transferred.  
2. Development on slopes greater than 35 percent—and residential development on slopes greater than 25 percent in the RR, MRR, and HR Districts—shall require review of a Type II application pursuant to Section 1307 and shall be subject to the following standards: 
   1. Compliance with Subsections 1002.01(A)(1) through 6) shall be required.
   2. An engineering geologic study approved by the County shall establish that the site is stable for the proposed development, and any conditions and recommendations based on the study shall be incorporated into the plans and construction of the development.  The study shall include the items listed in Subsection 1003.02(B)(2).  
   3. Access to the site shall be approved by the County and the affected fire district, pursuant to the engineering geologic study and associated conditions.  Review shall be required, if construction of such access requires cut and fill, blasting, tree cutting, retaining walls, or other terrain alterations which detract from the natural scenic quality of the site.  
   4. The design of structures and re-vegetation plans shall ensure preservation or rapid reestablishment of the scenic quality of the site.
   5. A plan for surface water management and erosion control shall be approved pursuant to Subsection 1006.06.
   6. When a building is proposed, at least one of the following conditions shall apply:
      1. It is not feasible to either transfer the density (in the case of residential development) or to develop on a portion of the subject property that is less sloped; or 
      2. Unique characteristics of the subject property, such as, but not limited to, vistas or solar exposure, could be better utilized by the proposed siting of structures with less or equal overall disturbance of the subject property than would occur otherwise under the provisions of this Ordinance.
3. Approval of a permit under Subsection 1002.01(A) or (B) is valid for four years from the date of the final written decision.  If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision.  During this four-year period, the approval shall be implemented, or the approval will become void.
   1. "Implemented" means all major development permits shall be obtained and maintained for the approved development, or if no major development permits are required to complete the development contemplated by the approved permit, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained.  A "major development permit" is:
      1. A building or manufactured dwelling placement permit for a new primary structure that was part of the approved development; or
      2. A permit issued by the County Engineering Division for parking lot or road improvements required by the approved development.
4. If the approval of a permit under Subsection 1002.01(B) is not implemented within the initial approval period established by Subsection 1002.01(C), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

1002.02 Development Restriction Following Excessive Tree Removal  

Subsection 1002.02 applies to land inside the Portland Metropolitan Urban Growth Boundary, except land specially assessed as forestland on September 28, 2010.  

1. Definitions:  Unless specifically defined in Subsection 1002.02(A), words or phrases used in Subsection 1002.02 shall be interpreted to have the same meaning as they have in common usage and to give Subsection 1002.02 its most reasonable application.   
   1. Christmas Tree:  A tree of a marketable species and evidencing periodic maintenance practices of shearing for Douglas fir, fir, and pine species, weed and brush control, and one or more of the following practices:  basal pruning, fertilizing, insect and disease control, and soil cultivation.   
   2. Diameter Breast Height (d.b.h.):  A tree's diameter measured by diameter tape at four and one-half feet above grade on the uphill side.  On multi-stem trees, the stem with the largest diameter shall be measured.   
   3. Hazardous Tree:  A tree that, by reason of disease, infestation, age, or other condition, presents a known or immediate hazard to people or property.   
   4. Nuisance Tree:  Any tree of the following species:  tree of heaven (Alianthus altissima), single seed hawthorn (Crataegus monogyna), English holly (Ilex aquifolium), plums (Prunus hybrids, which are not commercial nursery species), sweet cherry (Prunus avium), English laurel (Prunus laurocerasus), Portuguese laurel (Prunus lusitanica), black locust (Robinia pseudoacacia), European mountain ash (Sorbus aucuparia), and any listed in the Oregon Department of Agriculture's Noxious Weed Policy and Classification System.   
   5. Orchard Tree:  A tree maintained for the production of fruit or nuts for human consumption.   
   6. Tree:  Any woody plant with at least one well-defined stem.   
   7. Tree Removal:  The act of removing a tree by digging up or cutting down, or the effective removal through damage to a tree or its root system.  Effective removal shall include any procedure the natural result of which is to cause the death or substantial destruction of a tree, including, but not limited to:  topping and severe cutting back of limbs to such a degree as to destroy or adversely affect the normal growth pattern of the tree, girdling, and placing fill in excess of six inches deep over the root zone. Tree removal does not include routine pruning or trimming.   
2. Excessive Tree Removal:  Excessive tree removal is the removal of more than three trees—excluding those identified as exempt in Subsection 1002.02(E)—on a lot of record in a calendar year.   
3. Development Restriction:  If excessive tree removal occurred in the five years immediately preceding the date that a complete application is filed for design review or a conditional use or for a subdivision or partition that is not a middle housing land division, the application will be denied.
4. Exception to Development Restriction:  Notwithstanding Subsection 1002.02(C), a modification of a previous design review, subdivision, partition, or conditional use approval may be approved pursuant to Section 1309, Modification.   
5. Exempt Trees:  Removal of the following exempt trees is not excessive tree removal, regardless of the number of such trees removed.  However, removal of the listed trees may be regulated under other provisions of this Ordinance, such as Section 705, Willamette River Greenway, Section 706, Habitat Conservation Area District, and Section 709, Water Quality Resource Area District, or by conditions of approval on a previous land use decision.
   1. Trees with a d.b.h. of less than six inches;   
   2. Trees required to be removed by local, state or federal law or regulation, or by a fire official;   
   3. Trees removed by a public utility—or required by a public utility to be removed—in order to maintain, repair, or replace an existing utility line;    
   4. Trees removed by a public utility—or required by a public utility to be removed—in order to construct a new utility line, unless the purpose of the new line is to serve future development of the subject property;   
   5. Orchard trees;   
   6. Christmas trees;   
   7. Trees planted on the site of a commercial nursery and grown for commercial purposes;   
   8. Nuisance trees;   
   9. Dead trees, where death resulted from an accident or non-human cause;  
   10. Diseased or hazardous trees, where the condition resulted from an accident or non-human cause;   
   11. Trees, the removal of which is authorized by approval of an administrative action under this Ordinance; and   
   12. Trees removed prior to September 28, 2010.  

1002.03 Trees and Wooded Areas

1. Existing wooded areas, significant clumps or groves of trees and vegetation, consisting of conifers, oaks and large deciduous trees, shall be incorporated in the development plan wherever feasible.  The preservation of these natural features shall be balanced with the needs of the development, but shall not preclude development of the subject property, or require a reduction in the number of lots or dwelling units that would otherwise be permitted.  Site planning and design techniques which address incorporation of trees and wooded areas in the development plan  include, but are not limited to, the following:  
   1. Siting of roadways and utility easements to avoid substantial disturbance of significant clumps or groves of trees;  
   2. Preservation of existing trees within rights-of-way and easements when such trees are suitably located, healthy, and when approved grading allows;  
   3. Use of flexible road standards as provided in Subsection 1007.02(B)(3), including one-way roads or split-level roads, to preserve significant trees and avoid unnecessary disturbance of terrain;  
   4. Retention of specimen trees or clumps of trees in parking area islands or future landscape areas of the site as provided for in Section 1009, Landscaping.
   5. Use of wooded areas of the site for recreation, or other low-intensity uses, or structures, not requiring extensive clearing of large trees, grading, or filling activity which substantially alters the stability or character of the wooded area;  
   6. Retention of trees which are necessary to ensure the stability of clumps or groves of trees considering the type of trees, soil and terrain conditions, exposure to prevailing winds, and other site-specific considerations;  
   7. Use of trees and wooded areas to buffer, screen, or provide transitions between different or conflicting uses on and off the site;  
   8. Use of flexible-lot-size and planned unit development designs to minimize disturbance of wooded areas;  
   9. Siting of uses and structures to utilize the natural microclimates created by wooded areas and trees to reduce extremes in temperature, provide wind protection, filter pollutants, and replenish oxygen and moisture to the air; and  
   10. Use of other development techniques described in Subsection 1011.02(C).  
2. Trees and wooded areas to be retained shall be protected during site preparation and construction according to County design and specifications by:
   1. Avoiding disturbance of the roots by grading and filling activity;   
   2. Providing for water and air filtration to the roots of trees which will be covered with impermeable surfaces;  
   3. Pruning or topping of trees which will be in parking areas or near buildings, as necessary, to maintain proper balance between top growth and roots, reduce windfall potential, and provide adequate vision clearances for safe vehicular circulation; and  
   4. Requiring, if necessary, the advisory expertise of a qualified consulting arborist or horticulturist both during and after site preparation, and a special maintenance/management program to provide protection of specified wooded areas or specimen trees, as recommended by the arborist or horticulturist.

1002.04 River and Stream Corridors  

The following standards shall apply to land that is outside both the Metropolitan Service District Boundary and the Portland Metropolitan Urban Growth Boundary.  

1. Developments shall be planned, designed, constructed, and maintained so that:  
   1. River and stream corridors are preserved to the maximum extent feasible and water quality is protected through adequate drainage and erosion control practices; and  
   2. Buffers or filter strips of natural vegetation are retained along all river and stream banks.
2. Except in the case of a river or stream subject to Section 704, River and Stream Conservation Area, or 705, Willamette River Greenway, the minimum structure setback from a river or perennial streambed shall be equal to the distance necessary to maintain or improve upon existing water quality.  This distance shall be determined by a site investigation, but will not exceed 150 feet.  Investigation shall consider:    
   1. Soil types;  
   2. Types and amount of vegetative cover;  
   3. Bank stability;  
   4. Slope of the land abutting the river or stream;  
   5. Hazards of flooding;  
   6. River or stream character; and  
   7. Any special Comprehensive Plan designation or management program.  
3. For water impoundments, diversions, and hydropower facilities, reasonable mitigation of adverse impacts to fisheries, wildlife, water quality, and flow shall be required commensurate with the intensity of the proposed use and resulting generating capacity.  

1002.05 Deer and Elk Winter Range

Development in deer and elk winter range below 3,000 feet in elevation, as identified on Comprehensive Plan Map III-2, Scenic and Distinctive Resource Areas, shall be designed to minimize adverse wildlife impacts.

1002.06 Mount Hood Resource Protection Open Space

Development in areas shown as Resource Protection Open Space on Comprehensive Plan Maps X-MH-1 through X-MH-3, Resource Protection Open Space, proposed in or within 100 feet of natural wetlands shall be designed to:    

1. Preserve functions of groundwater recharge, water storage, turbidity reduction, nutrient filtration, biologic or botanical production, and protective habitat cover;   
    
2. Provide compatibility with the continued performance of wetland functions, such as:
    
   1. Conservation of soil, vegetation, water, fish, and wildlife;   
       
   2. Low-intensity, dispersed outdoor recreation, such as hiking and nature study; and   
       
   3. Utility easements, but only on peripheral areas and where alternative alignments are impractical;   
       
3. Eliminate the need for filling, dumping, and/or excavating in the wetland proper, unless approved pursuant to Subsection 1011.03; and   
    
4. Maintain the runoff coefficient and erosion equilibrium for lands bordering the wetland substantially the same as if such lands were undeveloped.  Pier construction, elevated pedestrian boardwalks, semi-impervious surfacing, bridging of natural drainageways, and retention of vegetation in areas not intended for buildings or roads are recommended design methods. 

1002.07 Significant Natural Areas

Five significant natural areas are identified as unique/natural features on Comprehensive Plan Map III-2, Scenic & Distinctive Resource Areas.  These areas are more specifically referred to as Williams Lake Bog, the land at Marmot, Multorpor Bog, Delphridge, and Wilhoit Springs.  In these significant natural areas, the following shall be restricted, to the extent necessary to protect the unique or fragile character or features that are the basis for the unique/natural feature designation:  building and road construction, filling and excavation, paving, and tree removal.  Restrictions may be modified pursuant to Subsection 1011.03.

1002.08 Significant Landforms and Vegetation

Institutional, commercial, and industrial development; multifamily dwellings; and developments of more than one duplex, triplex, or quadplex shall cluster and modulate building masses to minimize disturbance of existing significant landforms and vegetation.  Pursuant to the review procedure required by Section 1102, Design Review, minimum front setbacks may be reduced or waived to minimize disturbance of natural landforms or vegetation.  If a setback reduction is granted, a program for protection of those Landforms And Vegetation During Construction, And For Long-Term Maintenance, Shall Be Provided.

1002.09 Resource Protection Areas in the VR 4/5 and VR 5/7 Districts

Development of primary dwellings and accessory structures within a Resource Protection Area shown on Comprehensive Plan Map X-SV-1, Sunnyside Village Plan, Land Use Plan Map, shall require review of a Type I application pursuant to Section 1307, Procedures, and shall be subject to the following standards: 

1. The maximum disturbed area shall be 5,000 square feet. All buildings and yard areas shall be contained within this area. Driveways, utility construction, and required trails shall be excluded from calculation of the disturbed area. 
2. Driveways shall be designed at the narrowest width allowed by the Clackamas County Roadway Standards or the applicable fire district, whichever is wider. 

[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-245, 7/1/13; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-266, 5/23/18; Amended by Ord. ZDO-282, 7/1/22]

706.01 Purpose

Section 706 is adopted to implement the policies of the Comprehensive Plan for Habitat Conservation Areas.

706.02 Area Of Application

1. Section 706 applies in the Habitat Conservation Area District (HCAD). The HCAD applies to all parcels containing a Habitat Conservation Area (HCA). The HCAD also applies to any area that is less than 100 feet outside the boundary of an HCA even if the area is not located on the same parcel as the HCA. HCAs are identified on maps adopted by reference in Chapter 3 of the Comprehensive Plan (hereinafter referred to as the HCA Map) and are categorized as High, Moderate, or Low HCA. Notwithstanding the HCA Map, however, Section 706 does not apply to areas that are outside both the Metropolitan Service District Boundary and the Portland Metropolitan Urban Growth Boundary.  
2. An applicant may dispute the location of an HCA by submitting an application for HCA Map Verification pursuant to Subsection 706.06(B) or by applying for a Comprehensive Plan amendment to modify the HCA Map. HCA Map Verification does not amend the Comprehensive Plan.
3. Development within an HCA in accordance with the provisions of Section 706 shall not result in removal of such developed areas from the HCA and shall not change the applicable HCA category.

706.03 Definitions

Unless specifically defined in Subsection 706.03, words or phrases used in Section 706 shall be interpreted to give them the same meaning as they have in common usage and to give Section 706 its most reasonable application.

A. Bankfull Stage: The stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate the upland. The bankfull stage may be approximated using either the two-year recurrence interval flood elevation or one foot measured vertically above the ordinary mean high water line.

B. Building Footprint: The area that is covered by buildings or other roofed structures. A roofed structure includes any structure more than six feet above grade at any point, and that provides an impervious cover over what is below. Building footprint also includes uncovered horizontal structures such as decks, stairways, and entry bridges that are more than six feet above grade. Eaves are not included in the building footprint. Underground facilities and structures are defined based on the foundation line.

C. Developed Areas Not Providing Vegetative Cover: Areas that do not meet the definition of Forest Canopy, Low Structure Vegetation or Open Soils, or Woody Vegetation.

D. Developed Flood Area: A flood area (a) upon which a building or other structure has been located, or (b) that is an uncovered, hard-surfaced area or an area covered with a perforated hard surface (such as "Grasscrete") that is able to withstand vehicular traffic or other heavy-impact uses; provided, however, that graveled areas shall not be considered developed flood areas.

E. Development: Any manmade change defined as structures, roads, utilities, mining, dredging, paving, filling, or grading in amounts greater than 10 cubic yards. In addition, "development" is any other activity that results in the removal of more than 10 percent or 20,000 square feet of the Habitat Conservation Area vegetation on a lot of record, whichever is less. The calculation of the amount of vegetative cover removed shall be done separately for each lot of record and shall include all vegetative cover removed after January 5, 2009, regardless of whether the removal is done as one project or a series of projects. When individual trees are removed, the area contained within the tree's drip line shall be the basis for calculating the square footage of vegetation removed.

F. Disturb: Manmade changes to the existing physical status of the land, which are made in connection with development.

G. Disturbance Area: An area that contains all temporary and permanent development, exterior improvements, and staging and storage areas on the site. For new development the disturbance area must be contiguous. The disturbance area does not include agricultural and pasture lands or naturalized areas.

H. Drip Line: The outermost edge of a tree's canopy; when delineating the drip line on the ground, it will appear as an irregularly shaped circle defining the canopy's perimeter.

I. Ecological Functions: The primary biological and hydrologic characteristics of healthy fish and wildlife habitat. Riparian ecological functions include microclimate and shade, streamflow moderation and water storage, bank stabilization and sediment/pollution control, sources of large woody debris and natural channel dynamics, and organic material sources. Upland wildlife ecological functions include size of habitat area, amount of habitat with interior conditions, connectivity of habitat to water resources, connectivity to other habitat areas, and presence of unique habitat types.

J. Emergency: Any manmade or natural event or circumstance causing or threatening loss of life, injury to person or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

K. Enhancement: The process of improving upon the natural functions and/or values of an area or water resource that has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/recreate beneficial processes and resources that occur naturally.

L. Erosion: The movement of soil particles resulting from actions of water or wind.

M. Fill: Any material such as, but not limited to, sand, soil, rock, or gravel that is placed in a wetland or flood area for the purposes of development.

N. Flood Areas: Lands contained within the Floodplain Management District regulated by Section 703 and lands that were inundated in the February 1996 flood. (Note: Areas that were mapped as flood areas but were filled to a level above the base flood level prior to September 30, 2005, consistent with all applicable local, state, and federal laws shall no longer be considered habitat based on their status as flood areas.)

O. Flood Management Areas: Flood areas and, in addition, lands that have documented evidence of flooding.

P. Forest Canopy: Areas that are part of a contiguous grove of trees of one acre or larger in area with approximately 60 percent or greater crown closure, irrespective of whether the entire grove is within 200 feet of the relevant water resource.

Q. Habitat-Friendly Development: A method of developing property that has less detrimental impact on fish and wildlife habitat than do traditional development methods. Examples include clustering development to avoid habitat, using alternative materials and designs such as pier, post, or piling foundations designed to minimize tree root disturbance, managing storm water on-site to help filter rainwater and recharge groundwater sources, collecting rooftop water in rain barrels for reuse in site landscaping and gardening, and reducing the amount of effective impervious surface created by development.

R. Invasive Non-Native or Noxious Vegetation: Plant species that are listed in the Oregon Department of Agriculture's Noxious Weed Policy and Classification System.

S. Low Structure Vegetation or Open Soils: Areas that are part of a contiguous area one acre or larger of grass, meadow, crop-lands, or areas of open soils located within 300 feet of a surface stream (low structure vegetation areas may include areas of shrub vegetation less than one acre in size if they are contiguous with areas of grass, meadow, crop-lands, orchards, Christmas tree farms, holly farms, or areas of open soils located within 300 feet of a surface stream and together form an area of one acre in size or larger).

T. Mitigation: The reduction of adverse effects of proposed development by considering, in the following order

1. Avoiding the impact by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures; and
5. Compensating for the impact by replacing or providing comparable substitute Habitat Conservation Areas.

U. Native Vegetation: Vegetation native to the Portland metropolitan area provided that it is not invasive non-native or noxious vegetation.

V. Open Space: Land that is undeveloped and that is planned to remain so indefinitely. The term encompasses parks, forests, and farmland. It may also refer only to land zoned as being available to the public, including playgrounds, watershed preserves, and parks.

W. Ordinary Mean High Water Line: The line on the bank or shore to which water ordinarily rises in season.

X. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose and probable impact on ecological functions. The practicability of a development option shall include consideration of the type of HCA that will be affected by the proposed development. For example, High HCAs have been so designated because they are areas that have been identified as having lower urban development value and higher-valued habitat, so it should be more difficult to show that alternative development options that avoid the habitat are not practicable. On the other hand, Low HCAs have been so designated because they are areas that have been identified as having higher urban development value and lower-valued habitat, so it should be less difficult to show that alternative development options that avoid the habitat are not practicable.

Y. Restoration: The process of returning a disturbed or altered area or water resource to a previously existing natural condition. Restoration activities reestablish the structure, function, or diversity to that which existed prior to impacts caused by human activity.

Z. Riparian: Those areas associated with streams, lakes, and wetlands where vegetation communities are predominately influenced by their association with water.

AA. Significant Detrimental Impact: An impact that affects the natural environment, considered individually or cumulatively with other impacts on the HCA, to the point where existing fish and wildlife habitat functional values are degraded.

BB. Stormwater: The surface water runoff that results from all natural forms of precipitation.

CC. Stormwater Pretreatment Facility: Any structure or drainage way that is designed, constructed, and maintained to collect and filter, retain, or detain surface water run-off during and after a storm event for the purpose of water quality improvement.

DD. Stream: A body of running water moving over the earth's surface in a channel or bed, such as a creek, rivulet, or river. A stream flows at least part of the year, including perennial and intermittent streams. Streams are dynamic in nature and their structure is maintained through build-up and loss of sediment.

EE. Structure: A building or other major improvement that is built, constructed, or installed, not including minor improvements—such as fences, utility poles, flagpoles, or irrigation system components—that are not customarily regulated through zoning codes.

FF. Urban Development Value: The economic value of a property lot or parcel as determined by analyzing three separate variables: assessed land value, value as a property that could generate jobs ("employment value"), and the Metro 2040 design type designation of property. The urban development value of all properties containing regionally significant fish and wildlife habitat is depicted on the Metro Habitat Urban Development Value Map.

GG. Utility Facilities: Buildings, structures, or any constructed portion of a system that provides for the production, transmission, conveyance, delivery, or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone, and cable television. Utility facilities do not include stormwater pre-treatment facilities.

HH. Water Resource: All rivers, streams (regardless of whether they carry year-round flow, i.e., including intermittent streams), springs which feed streams and wetlands and have year-round flow, flood management areas, wetlands, and all other bodies of open water.

II. Watershed: A watershed is a geographic unit defined by the flows of rainwater or snowmelt. All land in a watershed drains to a common outlet, such as a stream, lake, or wetland.

JJ. Wetlands: Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands are those areas identified and delineated by a qualified wetland specialist as set forth in the 1987 Corps of Engineers Wetland Delineation Manual.

KK. Woody Vegetation: Areas that are part of a contiguous area one acre or larger of shrub or open or scattered forest canopy (less than 60 percent crown closure) located within 300 feet of a surface stream.

706.04 Exempt Uses

The following uses and activities are exempt from the requirements of Section 706, except that if the use or activity requires a building or grading permit, a Construction Management Plan shall be required pursuant to Subsection 706.06(A). Notwithstanding the requirement for HCA Map Verification under Subsection 706.06(B), the HCA Map shall be deemed reliable for the purpose of administering Subsection 706.04 unless an approved HCA Map Verification exists for the subject property, in which case the approved HCA Map Verification shall be used to administer Subsection 706.04.

1. Uses and activities that do not constitute development, except if the use or activity is prohibited by Subsection 706.05;
2. Development that:
   1. Had it been proposed prior to January 5, 2007, would not have required a land use, building, erosion prevention and sediment control, or grading permit; and
   2. Is located on a parcel that is developed with a dwelling for which a building or manufactured home placement permit was issued prior to January 5, 2007, or a dwelling that was lawfully established prior to the requirement to obtain such a permit;
3. Development, authorized by a valid design review or conditional use permit for which a complete application was submitted prior to January 5, 2009, provided that the development will not result in an increase in the HCA disturbance area approved under the design review or conditional use permit;
4. Development on a partition parcel or a subdivision lot, provided that the parcel or lot is part of a partition or subdivision approved pursuant to Subsection 706.10(A)(4) or (B);
5. Maintenance, alteration, expansion, repair, and replacement of existing structures, provided that the building footprint is not increased;
6. Expansion or replacement of an existing structure, provided that:
   1. The expansion or replacement shall not intrude more than 500 square feet into the HCA in addition to the building footprint that lawfully existed on January 5, 2007. If more than one expansion or replacement of the same structure is undertaken—regardless of whether the work is done as one project or a series of projects—the total increase in the intrusion in the HCA shall not exceed this 500-square-foot limit;
   2. The new intrusion into the HCA shall be no closer to the protected water resource than the pre-existing structure; and
   3. Replacement is lawfully commenced within one year of destruction of the original structure. "Lawfully commenced" means the filing of an application for a land use, building, septic, grading, manufactured dwelling or residential trailer placement, plumbing, electrical, or other development permit required by the County or other appropriate permitting agency that is necessary to begin replacement of the structure.
7. Development that will have a disturbance area that does not exceed 120 square feet. If more than one development is undertaken pursuant to this exemption—regardless of whether the work is done as one project or a series of projects—the total disturbance area shall not exceed this 120 square-foot limit;  
8. Temporary clearing of vegetative cover in an HCA, not to exceed 200 square feet per lot of record, for the purpose of site investigations and pits for preparing soil profiles, provided that cleared areas are replanted with native vegetation when the investigation is complete. After replanting, no open soil areas greater than 25 square feet in area shall remain. If a tree is removed, the area contained within the tree's drip line shall be the basis for calculating the square footage of vegetative cover removed. If a tree is removed in an HCA and the tree is equal to or greater than 6 inches in diameter at breast height, it shall be replaced as set forth in Table 706-6;
9. Maintenance of existing gardens, pastures, lawns, and landscaping, including the installation of new irrigation systems within existing gardens, pastures, lawns, and landscaping;
10. Removal of invasive non-native or noxious vegetation and the planting or propagation of native vegetation, provided that:
    1. Handheld tools are used to remove invasive non-native or noxious vegetation; and
    2. After such removal, all open soil areas greater than 25 square feet are replanted with native vegetation;
11. Farming practices, as defined in Oregon Revised Statutes (ORS) 30.930, and farm uses, as defined in ORS 215.203, in zoning districts where agricultural uses are a primary use, except that this exemption does not apply to buildings associated with farm practices or farm uses;
12. Forest practices, as defined in ORS 30.930, on forestlands, as defined in ORS 30.930, outside the Portland Metropolitan Urban Growth Boundary;
13. Maintenance, alteration, repair, and replacement of existing roads, railroads, and utilities, provided that there is no additional intrusion into the HCA;
14. Maintenance and repair of existing manmade water control facilities, such as irrigation and drainage ditches, constructed ponds and lakes, wastewater facilities, and stormwater pre-treatment facilities;
15. Projects with the sole purpose of restoring or enhancing wetlands, streams, or fish and wildlife habitat areas, provided that the project is part of an approved local, regional, state, or federal restoration or enhancement plan;
16. Removal of dead or diseased trees or trees that pose an imminent hazard to persons or property, provided that a consulting arborist's report, or other credible evidence, is provided by the owner of the subject property and verifies the dead, diseased, or hazardous condition of the trees proposed for removal;
17. Low-impact outdoor recreation facilities for public use, such as multi-use paths, trails, picnic areas, interpretive and educational displays, and overlooks, provided that:
    1. The facility is located outside of a Water Quality Resource Area regulated pursuant to Section 709;
    2. The facility includes less than 500 square feet of new impervious surface; and
    3. Any proposed trails are constructed using non-hazardous, pervious materials, with a maximum width of four feet;
18. Emergency procedures or activities undertaken which are necessary to remove or abate hazards and nuisances, or for the protection of public health, safety, and welfare, provided that:
    1. Such remedial or preventative action must take place within a timeframe too short to allow for compliance with the requirements of Section 706; and
    2. After the emergency, the owner shall mitigate adverse impacts to the HCA resulting from the emergency action; and
19. Facilities that infiltrate stormwater onsite, including the associated piping, provided that forest canopy and areas within the drip lines of trees are not disturbed and that only native vegetation is planted in these facilities. Such facilities may include, but are not limited to, vegetated swales, rain gardens, vegetated filter strips, and vegetated infiltration basins.

706.05 Prohibited Uses

The following uses and activities are prohibited within a Habitat Conservation Area:

1. The planting of invasive non-native or noxious vegetation; and
2. Outside storage of materials and equipment, unless such storage began before January 5, 2009, or is approved pursuant to review under Subsection 706.06(C).

706.06 Development Review Requirements

The following review requirements are applicable to development in the Habitat Conservation Area District (HCAD) unless such development is exempt pursuant to Subsection 706.04.

1. A Construction Management Plan, consistent with Subsection 706.08, shall be required prior to development in the HCAD, regardless of whether development will occur within an HCA. However, if an area is in the HCAD solely because it is less than 100 feet outside the boundary of an HCA located on a different parcel, a Construction Management Plan shall not be required unless HCA Map Verification determines that an HCA exists on the same parcel as the area for which development is proposed. A Construction Management Plan shall be reviewed:
   1. As part of an HCA Development Permit; or
   2. In conjunction with review of a building or grading permit, if no HCA Development Permit is required.
2. Unless the applicant concurs with the accuracy of the HCA Map, HCA Map Verification, pursuant to Subsection 706.09, shall be required or allowed as follows:
   1. HCA Map Verification shall be required for:
      1. Development that is proposed to be either in an HCA or less than 100 feet outside of the boundary of an HCA, as shown on the HCA Map; or
      2. A parcel that:
         1. Either contains an HCA, or any part of which is less than 100 feet outside the boundary of an HCA, as shown on the HCA Map; and
         2. Is the subject of a land use application for a partition, subdivision, or any other land use application the approval of which would authorize new development on the subject parcel.
   2. An application for HCA Map Verification may be submitted even if one is not required pursuant to Subsection 706.06(B)(1).
   3. If a parcel is subject to Subsection 706.06(B)(1)(b), an application for HCA Map Verification shall be filed concurrently with the other land use application referenced in Subsection 706.06(B)(1)(b)(ii) unless a previously approved HCA Map Verification for the subject property remains valid.
   4. HCA Map Verification shall be reviewed as a Type II application pursuant to Section 1307, Procedures, unless the application is filed concurrently with another land use application that requires review as a Type III application, in which case the applications will be consolidated and reviewed as a Type III application pursuant to Section 1307.
3. An HCA Development Permit, consistent with Subsection 706.10, shall be required for:
   1. Development in an HCA or for a parcel that:
      1. Contains an HCA; and
      2. Is the subject of a land use application for a partition or subdivision.
   2. If a parcel is subject to Subsections 706.06(C)(1)(a) and (b), an application for an HCA Development Permit shall be filed concurrently with the application for a partition or subdivision.
   3. An application for an HCA Development Permit shall be reviewed as a Type II application pursuant to Section 1307 unless the application is filed concurrently with another land use application that requires review as a Type III application, in which case the applications will be consolidated and reviewed as a Type III application pursuant to Section 1307.
4. Approval of HCA Map Verification or an HCA Development Permit shall be valid for four years from the date of the final written decision. If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void.
   1. For an HCA Development Permit directly related to an application for a partition or subdivision, "implemented" means that the final plat of the partition or subdivision shall be recorded with the County Clerk.
   2. For any other HCA Development Permit, "implemented" means all major development permits shall be obtained and maintained, or if no major development permits are required to complete the development contemplated by the approved HCA Development Permit, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained. A "major development permit" is:
      1. A building or manufactured dwelling placement permit for a new primary structure that was part of the HCA Development Permit approval; or
      2. A permit issued by the County Engineering Division for parking lot or road improvements that were part of the HCA Development Permit approval.
   3. For HCA Map Verification, "implemented" has the meaning set forth in Subsection 706.06(D)(1) and (2), except that under Subsection 706.06(D)(2), if the approval did not contemplate a specific development proposal, "implemented" means at least one County development permit shall be obtained and maintained.
5. If the approval of HCA Map Verification or an HCA Development Permit is not implemented within the initial approval period established by Subsection 706.06(D), a two-year time extension may be approved pursuant to Section 1310.
6. HCA Map Verification that was valid on the date when the final plat for a subdivision or partition was recorded with the

706.07 Submittal Requirements

Construction Management Plans and applications filed pursuant to Section 706 shall comply with the following submittal requirements:

1. A Construction Management Plan shall include:
   1. A site plan of the subject property, drawn to scale and identifying the following:
      1. Location and type of existing and proposed development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards, with labels of each element as existing or proposed; 
      2. Location and width of existing adjacent roads and road rights-of-way;
      3. Location of the Habitat Conservation Area (HCA) as shown on the HCA Map or as identified pursuant to an approved HCA Map Verification;
      4. Drip lines outside the HCA of trees that are inside the HCA;
      5. Distance between the HCA boundary and proposed development outside the HCA;
      6. The site ingress and egress proposed to be used by construction vehicles;
      7. Proposed equipment and material staging and stockpile areas; and
      8. Proposed orange construction fencing required pursuant to Subsection 706.08(B);
   2. An Erosion Prevention and Sediment Control (EPSC) plan, which may be included on the site plan if acceptable to the EPSC regulatory authority; and
   3. If a modification or waiver of the construction fencing requirement of Subsection 706.08(B) is proposed, a narrative demonstrating compliance with Subsection 706.08(B)(1) or (2).
2. An application for HCA Map Verification shall include:
   1. The submittal requirements identified in Subsection 1307.07(C);
   2. A summer 2002 aerial photograph of the subject property, with lot lines shown, at a scale of at least one map inch equal to 50 feet for lots of 20,000 or fewer square feet, and a scale of at least one map inch equal to 100 feet for larger lots (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742);
   3. For an application filed pursuant to Subsection 706.09(A)(1), either:
      1. A documented demonstration of the misalignment between the HCA Map (generated from the summer 2002 aerial photographs) and the tax lot lines of the subject property. For example, the applicant could compare the road rights-of-way boundaries shown on the tax lot layer for roads within 500 feet of the subject property with the location of such roads as viewed on the summer 2002 aerial photograph of the same area to provide evidence of the scale and amount of incongruity between the HCA Map and the tax lot lines, and the amount of adjustment that would be appropriate to accurately depict habitat on the subject property; or
      2. A documented demonstration of another type of computer mapping error that was made in the creation of the HCA map;
   4. For an application filed pursuant to Subsection 706.09(A)(2):
      1. A site plan of the subject property, drawn to scale and identifying the following:
         1. Location and type of existing development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards, with labels of the elements that were developed after August 1, 2002;  
         2. Location and width of existing adjacent roads and road rights-of-way;
         3. Location of the HCA as shown on the HCA Map, including off-site HCA where review is required due to proposed development within 100 feet outside the HCA boundary and including the location of High, Moderate, and Low HCA; and
         4. Location of the HCA as proposed by the applicant, including the location of High, Moderate, and Low HCA;
      2. A summer 2005 aerial photograph of the subject property (or, if available, an aerial photograph taken closer to, but not after, January 5, 2009), with lot lines shown, at a scale of at least one map inch equal to 50 feet for lots of 20,000 or fewer square feet, and a scale of at least one map inch equal to 100 feet for larger lots (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742);
      3. Any approved development permits (e.g. building, grading, land use) and site plans related to the development of the property that took place between August 1, 2002, and January 5, 2009; and
      4. A narrative that correlates with the submitted site plan and development permits and identifies the type and scope of the new development that has occurred and the previously identified habitat that no longer exists because it is now part of a developed area; and
   5. For an application filed pursuant to Subsection 706.09(A)(3):
      1. A site plan of the subject property, drawn to scale and identifying the following:
         1. Location and type of existing development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards;    
         2. Location and width of existing adjacent roads and road rights-of-way;
         3. Location of the HCA as shown on the HCA Map, including off-site HCA where review is required due to proposed development within 100 feet outside the HCA boundary and including the location of High, Moderate, and Low HCA; 
         4. Location of the HCA as proposed by the applicant, including the location of High, Moderate, and Low HCA;
         5. Location of any rivers, streams, wetlands, and flood areas;
         6. Location of agricultural areas (e.g. pastures, orchards);
         7. Location of naturalized areas (e.g. meadows, woods); and
      2. A report prepared and signed by either a qualified natural resource professional ‑ such as a wildlife biologist, botanist, or hydrologist ‑ or an environmental engineer registered in Oregon. The report shall include:
         1. A description of the qualifications and experience of all persons that contributed to the report, and, for each person that contributed, a description of the elements of the analysis to which the person contributed;
         2. Additional aerial photographs if the applicant believes they provide better information regarding the subject property, including documentation of the date and process used to take the photographs and an expert's interpretation of the additional information they provide;
         3. A topographic map of the subject property, drawn to scale and shown by contour lines of two-foot intervals for slopes less than 15 percent and 10-foot intervals for slopes 15 percent or greater. On properties that are two acres or larger, such a contour map is required only for the portion of the property to be developed; and
         4. A narrative analysis and any additional documentation necessary to address each step of the verification process set forth in Subsection 706.09(E).
3. An application for an HCA Development Permit under Subsection 706.10(A) shall include:
   1. The submittal requirements identified in Subsection 1307.07(C);
   2. A site plan of the subject property, drawn to scale and identifying the following:
      1. Location and type of existing and proposed development, including but not limited to, building footprints, roads, driveways, parking areas, utilities, onsite sewage disposal systems, wells, landscaping, and filling or grading in an amount greater than 10 cubic yards, with labels of each element as existing or proposed;    
      2. Location and width of existing adjacent roads and road rights-of-way;
      3. Location of the HCA as identified pursuant to a valid HCA Map Verification, and including the location of High, Moderate, and Low HCA; 
      4. Location of any rivers, streams, wetlands, and flood areas;
      5. Location of agricultural areas (e.g. pastures, orchards);
      6. Location of naturalized areas (e.g. meadows, woods);
      7. Drip lines outside the HCA of trees that are inside the HCA;
      8. For a property containing less than one acre of HCA, the location of all trees within the HCA that are greater than six inches diameter at breast height (DBH), identified by DBH and species. For properties containing one acre or more of HCA, the applicant may approximate the number of trees within the HCA that are greater than six inches DBH and the DBH range, and provide a listing of the dominant species;
      9. The location of all trees with a DBH of six inches or greater that are proposed to be removed, identified by DBH and species;
      10. The site ingress and egress proposed to be used by construction vehicles;
      11. Proposed equipment and material staging and stockpile areas; and
      12. Location of any Water Quality Resource Area regulated by Section 709;
   3. A mitigation plan that demonstrates compliance with Subsections 706.10(A)(6), (7), and, if applicable, (8);
   4. If offsite mitigation is proposed pursuant to Subsection 706.10(A)(7)(b), the mitigation plan required by Subsection 706.07(C)(2) shall address both the subject property and the alternate mitigation site and shall document the following:
      1. The number of trees and shrubs that can be planted onsite;
      2. The onsite location where those trees and shrubs can be planted;
      3. An explanation of why it is not practicable for the remainder of the mitigation to occur onsite; and
      4. Identification of the proposed location for off-site mitigation and documentation that the applicant possesses legal authority to conduct and maintain the mitigation, such as having a sufficient ownership interest in the mitigation site, and, if the mitigation is not within an HCA, documentation that the mitigation site will be protected from development after the monitoring period expires by a restrictive covenant, conservation easement, or public dedication; 
   5. If the applicant proposes to vary the number and size of required trees and shrubs pursuant to Subsection 706.10(A)(8), a report, prepared and signed by a qualified professional, such as a botanist or a certified landscape architect, that:
      1. Explains why the numbers and sizes of trees and shrubs that the applicant proposes to plant will achieve, at the end of the fifth year after initial planting, comparable or better mitigation results as the results that would be achieved if the applicant complied with all of the requirements of Subsection 706.10(A)(6)(a) through (c); and
      2. Discusses site preparation, including soil additives, removal of invasive and noxious vegetation, plant diversity, plant spacing, planting season, and immediate post-planting care including mulching, irrigation, wildlife protection, and weed control;
4. An application for an HCA Development Permit under Subsection 706.10(B) shall include:
   1. The items listed in Subsections 706.07(C)(1) and (2);
   2. A topographic map of the subject property, drawn to scale and shown by contour lines of two-foot intervals for slopes less than 15 percent and 10-foot intervals for slopes 15 percent or greater. On properties that are two acres or larger, such a contour map is required only for the portion of the property to be developed;
   3. If grading will occur within the HCA, a grading plan showing the proposed alteration of the ground at one-foot vertical contours in areas of slopes less than five percent, two-foot vertical contours in areas of slopes from five percent to 15 percent, and five-foot vertical contours in areas of slopes greater than 15 percent;
   4. An Impact Evaluation and Alternatives Analysis, prepared and signed by either a qualified natural resource professional—such as a wildlife biologist, botanist, or hydrologist—or an environmental engineer registered in Oregon. The report shall include:
      1. A description of the qualifications and experience of all persons that contributed to the analysis, and, for each person that contributed, a description of the elements of the analysis to which the person contributed;
      2. Identification of the ecological functions of the HCA on the subject property. The ecological functions to be evaluated are those identified in Subsections 706.10(B)(2)(b)(i) through (iii);
      3. Evaluation of alternative locations, design modifications, or alternative methods of development to determine which options reduce significant detrimental impacts on the HCA and the ecological functions provided by the HCA. At a minimum, the approaches identified in Subsections 706.10(B)(1)(a) through (g) shall be considered; and
      4. Determination of the alternative that best meets the applicable approval criteria, and identification of unavoidable significant detrimental impacts; and
   5. A mitigation plan that demonstrates compliance with Subsections 706.10(A)(6), (7), and, if applicable, (8) or an alternative mitigation plan. An alternative mitigation plan shall be prepared and signed by a qualified professional, such as a botanist or a certified landscape architect. The report shall include:
      1. A description of the qualifications and experience of all persons that contributed to the plan, and, for each person that contributed, a description of the elements of the plan to which the person contributed;
      2. An explanation of how the proposed mitigation will adequately compensate for the impacts to ecological functions described in the Impact Evaluation and Alternatives Analysis. The mitigation that would be required under Subsections 706.10(A)(6) and (7)(a) may be used as the baseline mitigation required to compensate for disturbance to an HCA that provides an average level of ecological functions. The explanation shall include:
         1. If the mitigation that would be required under Subsections 706.10(A)(6) and (7)(a) is used as the baseline mitigation required to compensate for disturbance to an HCA, a calculation of the number of trees and shrubs that would be required under Subsection 706.10(A)(6)(a);
         2. A site plan showing where the specific mitigation activities will occur and the numbers and sizes of trees and shrubs that are proposed to be planted; and
         3. A discussion of site preparation, including soil additives, removal of invasive and noxious vegetation, plant diversity, plant spacing, planting season, and immediate post-planting care, including mulching, irrigation, wildlife protection, and weed control;
      3. Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies;
      4. A list of all parties responsible for implementing and monitoring the mitigation plan and, if mitigation will occur offsite, the names of the owners of property where mitigation plantings will occur;
      5. A mitigation site monitoring and reporting plan;
      6. If the proposed mitigation will not be conducted onsite, a map and accompanying narrative that details the following:
         1. The number of trees and shrubs that can be planted onsite;
         2. The onsite location where those trees and shrubs can be planted;
         3. An explanation of why it is not practicable for the remainder of the mitigation to occur onsite; and
         4. The proposed location for off-site mitigation and documentation that the applicant can carry out and ensure the success of the mitigation, including documentation that the applicant possesses legal authority to conduct and maintain the mitigation, such as having a sufficient ownership interest in the mitigation site, and, if the mitigation is not within an HCA, documentation that the mitigation site will be protected from development after the monitoring period expires by a restrictive covenant, conservation easement, or public dedication;
      7. If the mitigation area is offsite and not within the same subwatershed (6th Field Hydrologic Unit Code) as the disturbed HCA, an explanation of why it is not practicable to conduct the mitigation within the same subwatershed and of why and how, considering the purpose of the mitigation, the mitigation will provide more ecological functional value if implemented outside of the subwatershed; and
      8. An implementation schedule, including a timeline for construction, mitigation, mitigation maintenance, monitoring, and reporting and a contingency plan. If in-stream work in fish-bearing streams is proposed as part of the mitigation plan, documentation that such work will be done in accordance with the Oregon Department of Fish and Wildlife in-stream work timing schedule shall be submitted.
5. Except for utility facilities reviewed pursuant to Subsection 706.10(A)(1) and notwithstanding any other provisions of Subsection 706.07, for utility facilities developed by public utilities on property that is not owned by the utility, the utility shall not be required to map or provide any information about the property except for the area within 300 feet of the proposed disturbance area.

706.08 Construction Management Plans

A Construction Management Plan (CMP) shall comply with the following criteria.

1. Erosion prevention and sediment control (EPSC) measures shall be required and shall comply with the standards of the EPSC regulatory authority. 
2. Orange construction fencing (i.e. safety fencing, snow fencing, or a comparable product) shall be installed on or outside the boundary of the HCA, except where the drip line of a protected tree extends outside the HCA, in which case the drip line shall be included inside the fencing. This requirement may be modified or waived if:
   1. Disturbance of the HCA is authorized pursuant to Subsection 706.04 or 706.10, in which case the fencing shall be installed in such a manner as to protect the area of the HCA not authorized for disturbance; or
   2. The HCA is already lawfully developed, in which case the fencing shall be installed in such a manner as to protect any water resource that is the basis for the HCA designation and any area of the HCA where naturalized vegetative cover exists.
3. Trees in the HCA shall not be used as anchors for stabilizing construction equipment.
4. Native soils disturbed during development shall be conserved on the subject property.
5. Development shall not commence until the EPSC measures and fencing required pursuant to Subsections 706.08(A) and (B) are in place. 
6. Compliance with the CMP shall be maintained until the development is complete.

706.09 HCA Map Verification

HCA Map Verification shall be subject to the following criteria.

1. An applicant for HCA Map Verification shall use one or more of the following methods to verify the Habitat Conservation Area (HCA) boundary and, if applicable, the boundary between High, Moderate, and Low HCA.
   1. The applicant may demonstrate that a computer mapping error was made in the creation of the HCA map (e.g., the mapped vegetative cover layer­—which was derived from aerial photographs taken in the summer of 2002 and was used to establish the Vegetative Cover Map and the HCA Map—in Metro's geographic information system database does not align precisely with the tax lot layer, thereby resulting in an HCA Map of the subject property that is also misaligned with tax lot lines);
   2. The applicant may demonstrate that the subject property was developed lawfully between August 1, 2002 (when the taking of the aerial photographs used to determine the regional habitat inventory commenced) and January 5, 2009 and, therefore, that the HCA boundary or category (High, Moderate, or Low) is inaccurate; or
   3. If the identified HCA is riparian habitat rather than publicly-owned upland habitat, the applicant may demonstrate that the HCA Map is inaccurate for a reason other than those described in Subsections 706.09(A)(1) and (2).
2. The location of any HCA on the subject property shall be determined by considering information submitted by the applicant, information collected during any site visit that may be made to the subject property, information generated by prior HCA Map Verification that has occurred on adjacent properties, and any other relevant information that has been provided.
3. For applications filed pursuant to Subsection 706.09(A)(1), the HCA Map shall be deemed to be accurate unless, as described in Subsection 706.09(A)(1), there was a computer mapping error (e.g., an alignment error) made in the creation of the HCA Map.
4. For applications filed pursuant to Subsection 706.09(A)(2), developed areas not providing vegetative cover shall be removed from the HCA, provided that they were developed lawfully between August 1, 2002, and January 5, 2009, and are more than 50 feet from the water resource. Developed areas not providing vegetative cover that were developed lawfully between August 1, 2002, and January 5, 2009, and are 50 feet or less from the water resource, shall remain classified as HCA, but the HCA category shall be changed if necessary to remain consistent with Tables 706-1 and 706-2.
5. For applications filed pursuant to Subsection 706.09(A)(3), the HCA boundary shall be established as follows:
   1. Locate the water resource that was inventoried by Metro and is the basis for the HCA designation, including: Bankfull stage of streams, rivers, and bodies of open water on or within 200 feet of the subject property; flood areas on or within 100 feet of the subject property; and wetlands on or within 150 feet of the subject property based on the 1994 Clackamas County Wetland Inventory maps adopted by reference in Chapter 3 of the Comprehensive Plan and the Metro 2002 Wetland Inventory Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742). Identified wetlands shall be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers.
   2. Identify the vegetative cover status of all areas on the subject property that are within 200 feet of the bankfull stage of streams, rivers, and bodies of open water; are wetlands or are within 150 feet of wetlands; and are flood areas or are within 100 feet of flood areas. 
      1. Vegetative cover status shall be as identified on the Metro Vegetative Cover Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742); or
      2. Vegetative cover status may be adjusted if the property was developed lawfully between August 1, 2002, and January 5, 2009, or an error was made at the time the vegetative cover status was determined by Metro. To assert the latter type of error, applicants shall submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the definitions of the different vegetative cover types provided in Subsection 706.03.
   3. Determine whether the degree that the land slopes upward from all streams, rivers, and bodies of open water on or within 200 feet of the subject property is greater than or less than 25 percent. A minimum of three slope measurements along the water resource shall be made on the subject property. The measurements shall be made at no more than 100-foot increments, which means that more than three measurements may be required, depending on the length of the water resource on the subject property. Slope shall be measured in 25-foot increments away from the water resource until a point 200 feet from the starting point of measurement is reached. Where the protected water resource is confined by a ravine or gully, the top of ravine is the break in the greater-than-25-percent slope; and
   4. Using Table 706-1 and the data identified pursuant to Subsections 706.09(E)(1) through (3), identify all Class I and II riparian areas on the subject property. The riparian class may vary within a single property.

Table 706-1: Method for Locating Boundaries of Class I and II Riparian Areas

Vegetative Cover Status: Streams ¹

Vegetative Cover Status: Wetlands¹ (Wetland itself is a Class I Riparian Area)

Vegetative Cover Status: Flood Areas ¹

¹ The vegetative cover type assigned to any particular area is based on two factors: the type of vegetation and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belongs. For example, in order to qualify as "forest canopy," the forested area has to be part of a larger patch of forest of at least one acre in size.

² These areas shall be Class II riparian areas if the stream is a high gradient stream. High gradient streams are identified on the Metro Vegetative Cover Map. If the applicant believes the gradient of a stream was incorrectly identified, then the applicant may demonstrate the correct classification by identifying the channel type using the methodology described in the Oregon Watershed Assessment Manual, published by the Oregon Watershed Enhancement Board, and appended to the Metro's Riparian Corridor and Wildlife Habitat Inventories Report, Attachment 1 to Exhibit F to Metro Ordinance No. 05-1077C.

³ Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742), shall be Class I riparian areas, unless additional information is provided that establishes that they do not meet the criteria used to identify habitats of concern as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests, wetlands, native grasslands, riverine islands or deltas, and important wildlife migration corridors.

⁴ If development prior to January 5, 2009, within a contiguous, undeveloped flood area (to include contiguous flood areas on adjacent properties) that was not mapped as having any vegetative cover has reduced the size of that contiguous flood area to less than one half of an acre in size, then the remaining flood area shall also be considered a developed flood area and shall not be identified as habitat.

⁵ Only if within 300 feet of a river or surface stream.

5. Use the Metro Habitat Urban Development Value Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742) to identify the urban development value of the subject property.
   1. An upward adjustment of the subject property's urban development value designation shall be made if the Metro 2040 Design Type designation for the subject property has changed from a category designated as a lower urban development value category to one designated as a higher urban development value category. 2040 Design Type designations are identified on the Metro 2040 Applied Concept Map (available from the Metro Data Resource Center, 600 N.E. Grand Ave., Portland, OR 97232; 503-797-1742). The urban development value categories of the 2040 Design Types are identified in the footnotes to Table 706-2.
   2. If the subject property is owned by a regionally significant educational or medical facility, as designated by Title 13 of the Metro Urban Growth Management Functional Plan, it is designated as of high urban development value.
   3. If the subject property is located outside the Portland Metropolitan Urban Growth Boundary and therefore does not have a Metro 2040 Design Type designation, it is designated as of high urban development value.
6. Use Table 706-2 to cross-reference habitat class with urban development value in order to categorize identified HCA as High, Moderate, or Low HCA.

Table 706-2: Method for Identifying Habitat Conservation Areas (HCA)

NOTE: The default urban development value of property is as depicted on the Metro Habitat Urban Development Value Map. The Metro 2040 Design Type designations provided in the following footnotes are only for use when making an adjustment pursuant to Subsection 706.09(E)(5)(a). 

¹ Primary 2040 design type: Central City, Regional Centers, Town Centers, and Regionally Significant Industrial Areas 

² Secondary 2040 design type: Main Streets, Station Communities, Other Industrial Areas, and Employment Centers 

³ Tertiary 2040 design type: Inner and Outer Neighborhoods and Corridors 

⁴ HCAs in publicly owned parks and open spaces designated as natural areas shall be considered High HCA+. HCAs in other publicly owned parks and open spaces shall be designated as shown in Table 706-2.

706.10 Habitat Conservation Area Development Permits

A Habitat Conservation Area (HCA) Development Permit shall be approved if the applicant provides evidence substantiating compliance with either Subsection 706.10(A) or (B). However, if the proposed development is in a Water Quality Resource Area (WQRA) regulated pursuant to Section 709, it shall comply with either Subsection 706.10 or 709.10, except that if the subject parcel contains an HCA and a WQRA and is the subject of a land use application for a partition or subdivision, the partition or subdivision shall comply with the requirements of Subsections 706.10 and 709.11, and if the provisions conflict, the most restrictive standard shall apply.   

1. Development in an HCA shall be permitted subject to the following criteria:
   1. Except as provided in Subsections 706.10(A)(2) through (5), a maximum disturbance area (MDA) shall apply to the subject property. 
      1. For property inside the Portland Metropolitan Urban Growth Boundary (UGB), the MDA shall be calculated pursuant to Table 706-3 for property with a Comprehensive Plan designation of Urban Low Density Residential and Table 706-4 for property with any other Comprehensive Plan designation.

Table 706-3: Maximum Disturbance Area for Urban Low Density Residential Property

¹ If more than one HCA Type is present on the subject property, the MDA shall be based on the predominant type. For the purpose of this provision, High HCA shall be the predominant type if at least 50 percent of the area of the HCA on the subject property is High HCA.

² For the purpose of Table 706-3, Moderate and Low HCA shall be combined as one HCA Type.

Table 706-4: Maximum Disturbance Area for Other Property Inside the UGB

¹ The MDA refers only to the maximum percentage of each type of HCA that may be disturbed. Table 706-4 imposes no limit on disturbance area outside an HCA.

2. For property outside the Portland Metropolitan Urban Growth Boundary, the MDA shall be calculated pursuant to Table 706-5, except that the MDA shall be calculated pursuant to Table 706-4 for:

   1. Commercial development;
   2. Industrial development;
   3. Buildings associated with farming practices, as defined in Oregon Revised Statutes (ORS) 30.930, and farm uses, as defined in ORS 215.203, in zoning districts where agricultural uses are a primary use; and
   4. Buildings associated with forest practices, as defined in ORS 30.930, on forestlands, as defined in ORS 30.930.

   Table 706-5: Maximum Disturbance Area Outside the UGB

   HCA Type1	Maximum Disturbance Area
   High	5 percent of the area of the subject property or 5,000 square feet, whichever is greater
   Moderate/Low2	5 percent of the area of the subject property or 6,000 square feet, whichever is greater

   ¹ If more than one HCA Type is present on the subject property, the MDA shall be based on the predominant type. For the purpose of this provision, High HCA shall be the predominant type if at least 50 percent of the area of the HCA on the subject property is High HCA.

   ²For the purpose of Table 3, Moderate and Low HCA shall be combined as one HCA Type.

   3. For property subject to Table 706-3 or 706-5, the MDA shall be located outside the HCA except:
      1. If the MDA exceeds the non-HCA area, the excess MDA may be located in Low HCA; and
      2. If the MDA exceeds the area of non- and Low HCA combined, the excess MDA may be located in Moderate HCA; and
      3. If the MDA exceeds the area of non-, Low, and Moderate HCA combined, the excess MDA may be located in High HCA.
   4. In determining compliance with the MDA standard, both existing and proposed disturbance area shall be included in the calculation.
   5. The following disturbance area limitations shall apply to certain utility facilities. Utility facilities other than those addressed in Subsections 706.10(A)(2)(a) through (c) shall be subject to Subsection 706.10(A)(1).
      1. The disturbance area for private connections of utility lines, pipes, or cables to other utility facilities shall be no greater than 10 feet wide.
      2. The disturbance area for the upgrade of existing utility lines, pipes, or cables shall be no greater than 15 feet wide.
      3. The disturbance area for new underground utility lines, pipes, or cables shall be no greater than 25 feet wide and shall disturb no more than 200 linear feet of Water Quality Resource Area regulated pursuant to Section 709, within any 1,000 linear foot stretch of Water Quality Resource Area regulated pursuant to Section 709, provided that this disturbance area, with the exception of necessary access points to the utility facility, shall be restored by the planting of native vegetation.
   6. A partition of a parcel that contains an HCA shall comply with one of the following options:
      1. There shall be no more than a 30 percentage point difference in the percentage of each parcel's area that is in an HCA. For example, a partition that produces two parcels, one that is 55 percent HCA and the other that is 35 percent HCA, is permissible; whereas a partition that produces two parcels, one that is 75 percent HCA and the other that is 30 percent HCA, is not permissible. In this case, development in the HCA shall be subject to further review under Section 706;
      2. The partition shall comply with Subsection 706.10(A)(4); or
      3. The applicant shall demonstrate, through an analysis of different possible partition plans based on the characteristics and zoning of the subject property, that it is not practicable to comply with Subsection 706.10(A)(3)(a) or (b) and that the applicant's alternate plan will result in the smallest practicable percentage point difference in the percentage of each parcel's area that is in an HCA. In this case, development in the HCA shall be subject to further review under Section 706.
   7. A subdivision of property that contains an HCA shall require that a minimum of 90 percent of the subject property's High HCA and a minimum of 80 percent of its Moderate HCA shall be platted as a tract or restricted development area (RDA). Any HCA that remains outside an HCA tract or RDA may be developed, subject to compliance with the mitigation standards of Subsection 706.10(A) or (B). It shall be assumed that any HCA that remains outside an HCA tract or RDA eventually will be developed, and mitigation shall be required. Mitigation shall be completed, or a performance bond in an amount sufficient to cover the cost of mitigation shall be posted with the County, prior to approval of the final plat.
      1. If over 50 percent of the HCA on the subject property is High HCA, the entire calculation is for High (i.e., 90 percent of the HCA shall be placed within a separate tract or RDA).
      2. If over 50 percent of the HCA on a property is Moderate HCA, the entire calculation is for Moderate (i.e., 80 percent of the HCA shall be placed within a separate tract or RDA).
      3. An HCA tract shall be designated on the final plat as one of the following where development is prohibited:
         1. A private natural area owned by a homeowners association or a private non-profit with the mission of land conservation; or
         2. A public natural area where the tract has been dedicated to a public entity.
      4. An HCA RDA shall be designated on the final plat as a private natural area where development is prohibited.
      5. Notwithstanding Subsections 706.10(4)(c) and (d), the tract or RDA may be subject to an easement conveying storm and surface water management rights to the surface water management authority.
   8. The MDA for publicly owned parks and open spaces designated as natural areas shall be five percent of the HCA on the subject property. Subsection 706.10(A)(5) imposes no limit on disturbance area outside an HCA for such natural areas.
   9. If development in an HCA is approved pursuant to Subsection 706.10(A), compliance with the following mitigation standards shall be required, except that the mitigation standards for development in a wetland (as distinct from an HCA that is adjacent to a wetland) shall be only those required by federal and state law.
      1. Required Plants and Plant Densities. All trees, shrubs and ground cover shall be native vegetation. An applicant shall comply with Subsection 706.10(A)(6)(a)(i) or (ii), whichever results in more tree plantings, except that where the disturbance area is one acre or more, the applicant shall comply with Subsection 706.10(A)(6)(a)(ii).
         1. The mitigation requirement shall be calculated based on the number and size of trees that are removed from the site. Trees that are removed from the site shall be replaced as shown in Table 706-6. Conifers shall be replaced with conifers. Bare ground shall be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs; or

   Table 706-6: Tree Replacement

   Size of Tree to be Removed (inches in diameter at breast height)	Number of Trees and Shrubs to be Planted
   6 to 12	2 trees and 3 shrubs
   over 12 to 18	3 trees and 6 shrubs
   over 18 to 24	5 trees and 12 shrubs
   over 24 to 30	7 trees and 18 shrubs
   over 30	10 trees and 30 shrubs

   2. The mitigation requirement shall be calculated based on the size of the disturbance area within the HCA. Native trees and shrubs shall be planted at a rate of five trees and 25 shrubs per every 500 square feet of disturbance area (calculated by dividing the number of square feet of disturbance area by 500, and then multiplying that result times five trees and 25 shrubs, and rounding all fractions to the nearest whole number of trees and shrubs; for example, if there will be 330 square feet of disturbance area, then 330 divided by 500 equals 0.66, and 0.66 times five equals 3.3, so three trees shall be planted, and 0.66 times 25 equals 16.5, so 17 shrubs shall be planted). Bare ground shall be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs.
   3. Plant Size. Replacement trees shall be at least one-half inch in caliper, measured at six inches above the ground level for field grown trees or above the soil line for container grown trees (the one-half inch minimum size may be an average caliper measure, recognizing that trees are not uniformly round), unless they are oak or madrone which may be one-gallon size. Shrubs shall be in at least a one-gallon container or the equivalent in ball and burlap and shall be at least 12 inches in height.
   4. Plant Spacing. Trees shall be planted between eight and 12 feet on center, and shrubs shall be planted between four and five feet on center, or clustered in single species groups of no more than four plants, with each cluster planted between eight and 10 feet on center. When planting near existing trees, the drip line of the existing tree shall be the starting point for plant spacing measurements.
   5. Plant Diversity. Shrubs shall consist of at least two different species. If 10 trees or more are planted, then no more than 50 percent of the trees may be of the same genus.
   6. Invasive Vegetation. Invasive non-native or noxious vegetation shall be removed within the mitigation area prior to planting, and shall be removed or controlled for five years following the date that the mitigation planting is completed.
   7. Mulching. Mulch shall be applied around new plantings at a minimum of three inches in depth and 18 inches in diameter.
   8. Tree and Shrub Survival. Trees and shrubs that die shall be replaced in kind to the extent necessary to ensure that a minimum of 80 percent of the trees initially required and 80 percent of the shrubs initially required shall remain alive on the fifth anniversary of the date that the mitigation planting is completed.
   9. Monitoring and Reporting. Monitoring of the mitigation site shall be the ongoing responsibility of the property owner. For a period of five years following the date that the mitigation planting is completed, the property owner shall submit an annual report to the Planning Director documenting the survival of the trees and shrubs on the mitigation site. In lieu of complying with the monitoring and reporting requirement, the property owner may post with the County a performance bond, or other surety acceptable to the County, in an amount sufficient to cover costs of plant material and labor associated with site preparation, planting, and maintenance. An applicant who elects to post a surety shall be subject to Subsection 1311.02.
   10. The mitigation area required by Subsection 706.10(A)(6) shall be located as follows:
       1. All vegetation shall be planted on the subject property, either within the HCA or in an area contiguous to the HCA, provided, however, that if the vegetation is planted in an area contiguous to the HCA, such area shall be protected from development by a restrictive covenant, conservation easement, or public dedication.
       2. Off-site mitigation within the same subwatershed (6th Field Hydrologic Unit Code) as the HCA within which development is proposed, may be approved for part or all of the required mitigation, if the applicant provides evidence substantiating that:
       3. It is not practicable to complete the mitigation on-site; and
       4. The applicant possesses legal authority to conduct and maintain the mitigation, such as having a sufficient ownership interest in the mitigation site, and, if the mitigation is not within an HCA, that the mitigation site will be protected from development after the monitoring period expires by a restrictive covenant, conservation easement, or public dedication.
   11. An applicant may request to proportionally vary the number and size of trees and shrubs required pursuant to Subsections 706.10(A)(6)(a) and (b)—for example, to plant fewer larger trees and shrubs or to plant more smaller trees and shrubs—and a corresponding modification of the plant spacing requirements of Subsection 706.10(A)(6)(c). The request shall be approved if the applicant provides evidence substantiating that the proposed planting will achieve, at the end of the fifth year after initial planting, comparable or better mitigation results as the results that would be achieved if the applicant complied with all of the requirements of Subsections 705.10(A)(6)(a) through (c).
   12. Development in an HCA that does not comply with Subsection 706.10(A) shall be permitted subject to the following criteria:
       1. Development in the HCA shall be avoided to the extent practicable. If there is more than one category (High, Moderate, or Low) of HCA on the subject property, then the applicant shall first avoid the intrusion of development into the higher-valued HCA, to the extent practicable. To comply with these requirements, the following approaches shall be used, to the extent practicable:
          1. Multi-story construction;
          2. Minimizing building and development footprint;
          3. Maximizing the use of native landscaping materials and meeting applicable landscaping requirements by preservation of the HCA as permitted by Section 1009;
          4. Minimal excavation foundation systems (e.g., pier, post, or piling foundation);
          5. Transfer of density from the HCA to another part of the subject property as permitted by Section 1012;
          6. Placing facilities that are required to infiltrate stormwater onsite, including associated piping, within the HCA, provided that such facilities comply with Subsection 706.04(R); and
          7. Complying with the setback standards of Subsection 706.11 rather than those of the underlying zoning district.
       2. If there is no practicable alternative that will avoid disturbance of the HCA, then significant detrimental impacts to the HCA shall be minimized as follows: 
          1. The proposed development shall minimize loss of habitat as compared to other practicable alternatives, including significantly different practicable alternatives that would result in less development within the HCA.
          2. The proposed development shall minimize significant detrimental impacts to ecological functions of the HCA on the subject property as compared to other practicable alternatives, including significantly different practicable alternatives that would result in less development within the HCA. The ecological functions that shall be considered are:
             1. Connectivity of the habitat to water;
             2. Connectivity of the habitat to other habitat areas; and
             3. The functions identified in Table 706-7.

   Table 706-7: Ecological functional values of riparian corridors

   Ecological function	Landscape features providing functional values
   Microclimate and shade	Forest canopy or woody vegetation within 100 feet of a stream; a wetland1; or a flood area2
   Streamflow moderation and water storage	A wetland or other water body3 with a hydrologic connection to a stream; or a flood area2
   Bank stabilization, sediment and pollution control	All sites within 50 feet of a surface stream;  Forest canopy, woody vegetation, or low structure vegetation/open soils within 100 feet of a stream or a wetland; or forest canopy, woody vegetation, or low structure vegetation/open soils within a flood area; and Forest canopy, woody vegetation, or low structure vegetation/open soils within 100-200 feet of a stream if the slope is greater than 25 percent
   Large wood and channel dynamics	Forest canopy within 150 feet of a stream or wetland, or within a flood area; and  The channel migration zone is defined by the flood area, but where there is no mapped flood area, a default of 50 feet is established to allow for the channel migration zone.
   Organic material sources	Forest canopy or woody vegetation within 100 feet of a stream or wetland, or within a flood area

   ¹ Refers to "hydrologically-connected wetlands," which are located partially or wholly within ¼ mile of a surface stream or flood area.

   ² Developed flood areas are not identified as HCAs because they do not provide primary ecological functional value.

   ³ "Other water body" could include lakes, ponds, reservoirs, or manmade water resource that is not a water quality facility or farm pond.

   • If there is more than one category of HCA on the subject property, then development within a higher-valued HCA shall be considered more detrimental than development within a lower-valued HCA.  
   • To the extent practicable, development in the HCA shall be designed, located, and constructed to:
     1. Minimize grading, removal of native vegetation, and disturbance and removal of native soils by using the approaches required by Subsection 706.08, reducing building footprints, and using minimal excavation foundation systems (e.g., pier, post, or piling foundation);
     2. Minimize adverse hydrological impacts on water resources, such as by using the techniques described in Part (a) of Table 706-8, unless their use is prohibited by an applicable and required state or federal permit issued to a unit of local government having jurisdiction in the area, such as a permit required under the federal Clean Water Act, 33 U.S.C. §§1251 et seq., or the federal Safe Drinking Water Act, 42 U.S.C. §§300f et seq., and including conditions or plans required by such permit;
     3. Minimize impacts on wildlife corridors and fish passage, such as by using the techniques described in Part (b) of Table 706-8; and
     4. Consider using the techniques described in Part (c) of Table 706-8.

Table 706-8: Habitat-Friendly Development Practices¹

¹ These development practices represent the state of scientific knowledge at the time of the adoption of Section 706. If more effective habitat-friendly practices become available, they may be used.

3. If development in an HCA is approved pursuant to Subsection 706.10(B), compliance with the following mitigation standards shall be required, except that the mitigation standards for development in a wetland (as distinct from an HCA that is adjacent to a wetland) shall be only those required by federal and state law.
   1. Compliance with Subsections 706.10(A)(6), (7), and, if applicable, (8) shall be required; or
   2. An alternative mitigation plan (e.g., a proposal to create an alternative plant community type such as an oak savannah or a low-structure plant community, or where an applicant demonstrates that a portion of identified HCA on the subject property provides only impaired ecological functions) may be approved, subject to the following criteria:
      1. The mitigation plan shall demonstrate that it compensates for significant detrimental impacts to the ecological functions provided by the HCA on the subject property, after taking into consideration efforts to minimize such significant detrimental impacts through the use of the techniques described in Table 706-8 and through any additional or innovative techniques.
      2. Mitigation shall occur on the subject property, except that offsite mitigation may be approved pursuant to Subsection 706.10(A)(7)(b). In addition, off-site mitigation outside the subwatershed (6th Field Hydrologic Unit Code) in which the disturbed HCA is located—but inside the Metropolitan Service District boundary or the Portland Metropolitan Urban Growth Boundary—may be approved if it is not practicable to complete the mitigation within the same subwatershed and if, considering the purpose of the mitigation, the mitigation will provide more ecological functional value if implemented outside of the subwatershed.
      3. All mitigation plantings shall be native vegetation.
      4. All in-stream work in fish-bearing streams shall be done in accordance with the Oregon Department of Fish and Wildlife in-stream work-timing schedule.
      5. A mitigation maintenance plan shall be included and shall be sufficient to ensure the success of the planting.
4. Municipal potable water, stormwater (drainage), and wastewater utility facilities, which may include, but are not limited to, water treatment plants, wastewater treatment plants, raw water intakes, pump stations, transmission mains, conduits or service lines, terminal storage reservoirs, and outfall devices, shall not have to comply with Subsection 706.10(B)(1), provided that:
   1. Where practicable, the development shall not encroach closer to a water resource than existing operations and development, or for new projects where there are no existing operations or development, the development shall not encroach closer to a water resource than practicable; and
   2. Best management practices shall be employed that accomplish the following:
      1. Account for watershed assessment information in project design;
      2. Minimize the trench area and tree removal within the HCA;
      3. Utilize and maintain erosion prevention and sediment control measures until other site stabilization measures are established, post-construction;
      4. Replant immediately after backfilling or as soon as effective;
      5. Preserve wetland soils and retain soil profiles;
      6. Minimize compactions and the duration of the work within the HCA;
      7. Complete in-water construction during appropriate seasons, or as approved within requisite state or federal permits;
      8. Monitor water quality during the construction phases, if applicable; and
      9. Implement a full inspection and monitoring program during and after project completion, if applicable.

706.11 Setbacks

For parcels that contain a Habitat Conservation Area and are inside the Portland Metropolitan Urban Growth Boundary, the minimum front, rear, and side yard setbacks shall be zero, except:

1. Garages and carports shall comply with the minimum front yard setback of the underlying zoning district; and
2. A greater setback may be required to comply with applicable fire or life safety requirements.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-253, 6/1/15; Amended by Ord. ZDO-283, 9/5/23]

703.01 Findings Of Fact

A Floodplain Management District (FMD) is needed for the following reasons:

1. Flood Losses Resulting from Periodic Inundation: The special flood hazard areas of the County are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the County's tax base, all of which adversely affect the public health, safety, and general welfare.
2. General Causes of These Flood Losses: Flood losses are caused by:
   1. The cumulative effect of obstructions in special flood hazard areas that increase flood heights and velocities and, when inadequately anchored, damage land uses in other areas; and
   2. The occupancy of special flood hazard areas by uses vulnerable to floods or hazardous to others that are inadequately floodproofed, inadequately elevated, or otherwise unprotected from flood damages.

703.02 Purpose

Section 703 is adopted to:

1. Promote the public health, safety, and general welfare;
2. Protect human life and health;
3. Minimize public and private flood losses due to flooding in flood hazard areas;
4. Minimize expenditure of public money for costly flood control projects;
5. Minimize prolonged business interruptions;
6. Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future flood blight areas;
7. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or that cause increases in erosion, flood heights, or velocities;
8. Minimize damage to public facilities and utilities—such as water and gas mains; electric, telephone, and sewer lines; streets; and bridges—located in special flood hazard areas;
9. Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction;
10. Notify those who occupy special flood hazard areas that they assume responsibility for their actions;
11. Protect individuals, as much as possible, from buying lands that are not suitable for intended purposes because of flood hazard, by ensuring to the degree possible that potential buyers are notified that property is in a special flood hazard area; and
12. Minimize the need for rescue and relief efforts associated with flooding undertaken at the expense of the general public.

703.03 Warning And Disclaimer Of Liability

The degree of flood protection required by the FMD is considered reasonable for regulatory purposes and is based on engineering and scientific study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. Section 703 does not imply that areas outside the FMD or land uses permitted within the FMD will be free from flooding or flood damages. Section 703 shall not create liability on the part of the County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on the FMD or any administrative decision lawfully made hereunder.

703.04 Applicability

Section 703 applies to the FMD, which is applied to the special flood hazard areas (SFHAs) identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for Clackamas County, Oregon & Incorporated Areas," (FIS) dated January 18, 2019, with accompanying Flood Insurance Rate Maps (FIRMs).

1. The FIS and FIRMs are hereby adopted by reference and declared to be a part of Section 703 and are on file at the County Department of Transportation and Development.
2. The Planning Director shall make interpretations where needed, as to the exact location of the boundaries of the SFHA (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, topography, and/or elevations). In areas where base flood elevation data have been provided, the Planning Director may require the applicant to submit an elevation certificate. To most precisely determine the base flood elevation of the subject area, the elevations provided by the FIS flood profiles in combination with the cross section lines on the FIRM shall supersede the base flood elevation lines and values identified on the FIRM.

703.05 Definitions

The following definitions apply to Section 703:

A. Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

B. Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year.

C. Base Flood Elevation: The computed elevation to which floodwater is anticipated to rise during the base flood. Base flood elevations are shown on Flood Insurance Rate Maps and on the flood profiles included in the Flood Insurance Study.

D. Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

E. Below-Grade Crawl Space: An enclosed area below the base flood elevation — which is in nearly all cases considered by the National Flood Insurance Program to also be a basement — that generally serves as the foundation for a structure and exhibits the following characteristics:

All sides of the crawl space are below the adjacent exterior grades outside the crawl space;

The interior grade inside the crawl space is not more than two feet below the lowest adjacent exterior grade; and

The height, measured from the interior grade of the crawl space to the top of the crawl space foundation, does not exceed four feet at any point.

F. Community Rating System: A program of the National Flood Insurance Program (NFIP) that recognizes jurisdictions for implementing floodplain management practices and standards that exceed NFIP minimum requirements. Membership in the program results in increased public safety and property protection, along with reductions in flood insurance premiums.

G. Conditional Letter of Map Revision (CLOMR): The Federal Emergency Management Agency's (FEMA's) comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

H. Critical Facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include schools, hospitals, nursing homes, orphanages, penal institutions, fire stations, police stations, communications centers, water and sewage pumping stations, other public or quasi-public buildings, emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.

I. Cross Section: A source of data that is developed during the hydraulic analyses of a stream in the course of producing the Flood Insurance Rate Maps (FIRMs) and the Flood Insurance Study (FIS). Cross sections provide an elevation view of the floodplain taken perpendicular to the flow at specific points and are typically determined using field survey information and topographic maps. Some of the locations of cross sections are shown on the FIRMs and are, in turn, cross-referenced in the FIS, where they provide precise information about a variety of data that relates to flood conditions.

J. Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

K. Elevation Certificate: A form produced by the Federal Emergency Management Agency (FEMA) that is completed by a professional engineer, licensed architect, or licensed surveyor, usually through field survey work, that reports elevation information about grades, structures, and other facilities. An elevation certificate is used to determine the relationship of grades, structures, and other facilities to the base flood elevation. It is also used to certify building elevations to ensure compliance with community floodplain regulations; determine proper insurance rates; and support a Letter of Map Amendment or Letter of Map Revision Based on Fill. Communities that participate in the Community Rating System are required to use an elevation certificate for all official reporting and recordkeeping of elevations.

L. Encroachments: Activities or construction within the floodway, including fill, new construction, substantial improvements, and other development.

M. Federal Emergency Management Agency (FEMA): A federal agency, whose primary mission is to reduce the loss of life and property and protect the nation from all hazards, including natural disasters, acts of terrorism, and other manmade disasters, by leading and supporting the nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. Among other things, FEMA manages and oversees the National Flood Insurance Program.

N. Flood:

A general and temporary condition of partial or complete inundation of normally dry land area from:

The overflow of inland or tidal waters.

The unusual and rapid accumulation of runoff of surface waters from any source.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection 703.05(N)(1)(b) and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection 703.05(N)(1)(a).

O. Flood Insurance Rate Map: An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

P. Flood Insurance Study: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Q. Flood Profile: A graph, found in the Flood Insurance Study, of computed flood elevations at floodplain cross sections that is typically available for a stream that has base flood elevations shown on the Flood Insurance Rate Map (FIRM). Elevations provided by the flood profiles, used in combination with the cross section lines on the FIRM, are the most accurate means of determining the base flood elevation at a particular site.

R. Floodplain: Land area susceptible to being inundated by water from any source.

S. Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

T. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Often referred to as the "regulatory floodway."

U. Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA establishes a property's location in relation to the special flood hazard area.

V. Letter of Map Revision (LOMR): The Federal Emergency Management Agency's modification to an effective Flood Insurance Rate Map (FIRM). LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. The LOMR officially revises the FIRM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.

W. Letter of Map Revision Based on Fill (LOMR-F): The Federal Emergency Management Agency's modification of the special flood hazard area shown on the Flood Insurance Rate Map based on the placement of fill outside the existing regulatory floodway.

X. Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Subsection 703.11(A)(1).

Y. Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle. A manufactured home may also be referred to as a manufactured dwelling.

Z. National Flood Insurance Program (NFIP): A federal program that is administered by the Federal Emergency Management Agency that is designed to reduce the loss of life, damage to property, and rising disaster relief costs, both within and beyond the special flood hazard area. The NFIP makes federally backed flood insurance available to communities that agree to adopt and enforce floodplain management ordinances that meet or exceed NFIP requirements.

AA. New Construction: Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the County (Section 703) and includes any subsequent improvements to such structures.

BB. "No-Rise" Certification: A certification that is provided by a professional engineer or licensed architect that demonstrates through accompanying hydrologic and hydraulic analyses, performed in accordance with standard engineering practice and National Flood Insurance Program rules and regulations, that an encroachment within the floodway will not result in any increase in the flood levels during the regulatory flood discharge. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map.

CC. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter in, along, across, or projected into any channel, watercourse, or regulatory flood hazard area that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where it might be carried downstream by the flow of water resulting in damage to life or property.

DD. Pre-FIRM Structure: A structure that was built before March 1, 1978, the effective date of the first Flood Insurance Rate Map (FIRM) for the County, and hence, prior to the date when detailed flood hazard data and flood elevations were provided to the County.

EE. Recreational Vehicle: A vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

FF. Regulatory Flood Protection Elevation: The elevation to which uses regulated by the FMD are required to be elevated or floodproofed.

GG. Special Flood Hazard Area: (SFHA): An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on a FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AR, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.

HH. Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the structure.

II. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

JJ. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The market value of the structure before the damage occurred shall be the structure's real market value that is provided by the County Department of Assessment and Taxation. The cost of restoring a structure shall be determined by the County Building Codes Division.

KK. Substantial Improvement: Any reconstruction, repair, rehabilitation, addition, or other improvement — or series of reconstructions, repairs, rehabilitations, additions or other improvements — of a structure, the cost of which — or cumulative costs of which at the time of the most recent reconstruction, repair, rehabilitation, addition, or other improvement — equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The market value of the structure shall be determined at the time of the most recent reconstruction, repair, rehabilitation, addition, or other improvement, either before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. The market value of the structure shall be the structure's real market value that is provided by the County Department of Assessment and Taxation. The cost of reconstruction, repair, rehabilitation, addition, or other improvement of a structure, or series thereof, shall be determined by the County Building Codes Division. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or

Any alteration of a "historic structure" listed on the National Register of Historic Places or a State or Local Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a "historic structure".

LL. Variance: A grant of relief by the County from the terms of a floodplain management regulation.

MM. Water-Dependent Use: A use that is dependent on close proximity to the water to perform its intended purpose and by reason of the intrinsic nature of its operations. The term "water dependent use" shall be recognized as having a broader meaning than the term "functionally dependent use" as defined in Volume 44 Code of Federal Regulations (CFR) Section 59.1. A "water dependent use" shall not meet the requirements to qualify for a variance under Volume 44 CFR Section 60.6(a)(7) unless the use also qualifies as a "functionally dependent use" as defined in Volume 44 CFR 59.1.

NN. Wet Floodproofing: Permanent or contingent measures that are applied to a structure or its contents that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure or area. Generally, this includes properly anchoring the structure, using flood resistant materials below the base flood elevation and protecting mechanical and utility equipment. Application of wet floodproofing as a flood protection technique under the National Flood Insurance Program is limited to enclosures below elevated residential and non-residential structures and to nonresidential structures that have been issued variances by the County.

703.06 Type I Uses

The following uses require review as a Type I application pursuant to Section 1307, Procedures, and are exempt from the requirement to obtain a floodplain development permit and from compliance with Subsections 703.10 and 703.11.

1. Reconstruction, repair, rehabilitation, addition, or other improvement of a pre-FIRM structure that is not a substantial improvement and where the structure has not sustained substantial damage. If the structure is located in the floodway, no increase in ground coverage shall result unless a "no-rise" certification is provided.

703.07 Development in The Floodway

Development in the floodway is prohibited, except as provided in Subsection 703.06, or for the following uses. The following uses are allowed only if permitted in the underlying zoning district and require approval of a floodplain development permit:

1. Water-dependent uses. A "no-rise" certification shall be provided.
2. Riprap or other structural stream bank protection measures, subject to either Subsection 703.07(B)(1) or 703.07(B)(2).
   1. If riprap or other structural stream bank protection measures are proposed to repair bank damage, bank removal, or bank erosion, the following criteria shall be met. For the purpose Subsection 703.07(B)(2), pre-existing conditions are the conditions of the repair area upon which the FIRM(s), flood boundary and floodway map(s), and FIS(s) were based that were in effect during the period that the bank was damaged, removed, and/or eroded, leading up to the proposed repair.
      1. The measures shall not encroach any further into the stream channel than the pre-existing conditions.
      2. The measures shall not add any more cubic yards of bank material than was in place in the pre-existing conditions.
      3. The measures shall not exceed the height of the bank nor protrude above the topography that was in place in the pre-existing conditions.
      4. The pre-existing conditions shall be demonstrated through some combination of historical and aerial photography, survey and cross-section information, maps or plans, hydrologic and hydraulic modeling, or any other pertinent information.
      5. The applicant shall provide evidence from a professional engineer, with expertise in hydrology, hydraulics, fluvial geomorphology, or hydrogeology, that the proposal complies with Subsections 703.07(B)(2)(a) through (d) and that the proposed stream bank protection measures will cause no adverse impacts to upstream or downstream properties, when compared to impacts of the pre-existing conditions.
   2. If riprap or other structural stream bank protection measures are proposed for reasons other than to repair bank damage, bank removal, or bank erosion, or if the repair exceeds the standards of Subsection 703.07(B)(1), the applicant shall provide a "no-rise" certification and evidence from a professional engineer, with expertise in hydrology, hydraulics, fluvial geomorphology, or hydrogeology, that the proposed stream bank protection measures will cause no adverse impacts to upstream or downstream properties.
3. Hydroelectric facilities. A "no-rise" certification shall be provided;
4. Stream crossings. A "no-rise" certification shall be provided;
5. Replacement, substantial improvement, or repair of substantial damage of a structure that was constructed prior to the establishment of, or revisions to, the floodway, subject to the following:
   1. The development shall comply with Subsection 1206.06.
   2. Foundations shall be designed by a professional engineer or licensed architect, to the satisfaction of the County Building Codes Division, to withstand the mean velocity of floodwaters in the floodway, as they are listed in the Floodway Data tables of the Flood Insurance Study, and to withstand the scouring forces associated with those floodwater velocities.
   3. If an increase in ground coverage is proposed, a "no-rise" certification shall be provided.

703.08 Duties of the Planning Director

The Planning Director is hereby appointed to administer and implement Section 703 by granting or denying development permit applications in accordance with its provisions. The Planning Director may delegate authority to implement these provisions. Duties of the Planning Director under Section 703include:

1. The Planning Director shall review floodplain development permits to determine if the proposed development adversely affects the flood carrying capacity of the special flood hazard area. For purposes of this subsection, "adversely affects" means that the cumulative effect of the proposed development and all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point.
2. Within the special flood hazard area, when more detailed base flood elevation or floodway data is available outside of the adopted Flood Insurance Study (FIS) from a federal, state or other authoritative source — such as preliminary or draft information from a new study that will revise the FIS —the Planning Director may obtain, review, and reasonably utilize such data as long as it is more restrictive than the currently effective data. When the data pertains to a preliminary or draft FIS in Zone A, the Planning Director is required to reasonably utilize the data, and is allowed discretion in using this data only to the extent that the technical or scientific validity of the data in the draft or preliminary FIS is questioned by a qualified professional.
3. When base flood elevation data has not been provided (A zones), the Planning Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the standards in Subsections 703.08, 703.10, and 703.11.
4. The Planning Director shall, where base flood elevation data is provided through the FIS, Flood Insurance Rate Map, or utilized pursuant to Subsections 703.08(B) or (C), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement.
5. For all new or substantially improved structures, the Planning Director shall review an elevation certificate or a Federal Emergency Management Agency National Flood Insurance Program Floodproofing Certificate (for Non-Residential Structures) provided by the applicant and shall verify and record the actual elevation (in relation to mean sea level) and maintain the elevation and floodproofing certificates required.
   1. In either case, the currently effective form shall be used, and it shall be completed in accordance with the accompanying instructions.
   2. The determination regarding which certificate is required shall be made based on the nature of the development consistent with National Flood Insurance Program regulations.
6. The Planning Director shall maintain for public inspection all records pertaining to the provisions of Section 703.
7. The Planning Director shall review all floodplain development permits to determine if the proposed development activity qualifies as a substantial improvement.
8. The Planning Director shall provide to building officials the regulatory flood protection elevation applicable to any building requiring a building permit.
9. The Planning Director shall notify adjacent communities, the State of Oregon Department of Land Conservation and Development, and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
10. J. The Planning Director shall notify the Federal Emergency Management Agency (FEMA) within six months of project completion when an applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a Letter of Map Revision (LOMR).
    1. The project applicant shall be responsible for preparing technical data to support the LOMR application and for payment of all processing and application fees charged by FEMA.

703.09 Floodplain Development Permits

Except as provided under Subsection 703.06, a floodplain development permit (FDP) shall be obtained for development laterally within the FMD before construction or development begins. The permit shall be for all structures, including manufactured dwellings, and for all development, including fill and other activities. Work that is necessary to protect existing structures, utility facilities, roadways, driveways, and stream banks in response to emergencies may be undertaken prior to obtaining an FDP, provided that an application is made within 90 days of water receding. The measures used for protection may not be able to be permitted. An FDP requires review as a Type II application pursuant to Section 1307, Procedures.

1. Submittal Requirements: In addition to the submittal requirements identified in Subsection 1307.07(C), an application for an FDP shall include:
   1. A site plan drawn to scale, showing elevations of the site; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; and location and elevations of streets, water supply, sanitary facilities, and soil types; and other applicable information;
   2. Specifications for building construction and materials, loads and forces, and effect on soil bearing pressures, erosion control, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities;
   3. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
   4. Either an elevation certificate or a Federal Emergency Management Agency National Flood Insurance Program Floodproofing Certificate (for Non-Residential Structures).
   5. In either case, the currently effective form shall be used, and it shall be completed in accordance with the accompanying instructions, and based on construction drawings and proposed site locations of development.
   6. The determination regarding which certificate is required shall be made based on the nature of the proposed development consistent with National Flood Insurance Program regulations.
2. Factors of Consideration: In reviewing an application for an FDP, the following factors shall be considered:
   1. The danger to life and property due to increased flood heights or velocities caused by encroachments;
   2. The danger that materials may be swept on to other lands or downstream to the injury of others;
   3. The proposed water supply and sanitation systems and the ability of those systems to prevent disease, contamination, and unsanitary conditions;
   4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
   5. The importance to the community of the service provided by the proposed facility;
   6. The requirements of the facility for a waterfront location;
   7. The availability of alternative locations not subject to flooding for the proposed use;
   8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
   9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
   10. 10. The safety of access to property in times of flood for ordinary and emergency vehicles;
   11. Whether the proposed development activity represents a substantial improvement to an existing structure;
   12. Whether the proposed structure qualifies as a critical facility;
   13. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
   14. Other factors that are relevant to the purpose of Section 703.
3. Approval Criteria: An FDP shall be subject to the following standards and criteria:
   1. All necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
   2. If the proposed development is in the floodway, the standards of Subsection 703.07 have been met.
   3. If the proposed development includes alteration of a watercourse, maintenance will be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
   4. The proposed development will comply with the applicable provisions of Subsections 703.10 and 703.11.
4. Conditions of Approval: The County may attach conditions of approval to an FDP if such conditions are deemed necessary to further the purpose of Section 703. Such conditions may include, but are not limited to:
   1. Limitations on periods of use and operation;
   2. Imposition of operation controls, sureties, and deed restrictions; and
   3. Floodproofing and other protective measures, such as:
      1. Installation of watertight doors, bulkheads, and shutters;
      2. Reinforcement of walls to resist water pressure;
      3. Use of paints, membranes, or mortars to reduce seepage of water through walls;
      4. Addition of mass or weight to structures to resist flotation;
      5. Installation of pumps to lower water levels in structures;
      6. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters;
      7. Pumping facilities for subsurface external foundation wall and basement floor pressures;
      8. Construction to resist rupture or collapse caused by water pressure or floating debris;
      9. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
      10. Requirements for construction of channel modifications, dikes, levees, and other protective measures.
5. Finalization of an FDP: If a preliminary elevation certificate or floodproofing certificate was required for a structure, a second elevation certificate is required prior to approval of the foundation inspection. In addition, a building permit for that structure shall not receive a final approval or certificate of occupancy until the County approves a final elevation certificate or floodproofing certificate that is based on the as-built/finished construction.
6. Approval Period: Approval of an FDP is valid for four years from the date of the final written decision. If the County's final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void.
   1. "Implemented" means all major development permits shall be obtained and maintained, or if no major development permits are required to complete the development contemplated by the approved FDP, "implemented" means all other necessary County development permits (e.g. grading permit, building permit for an accessory structure) shall be obtained and maintained.
      1. A "major development permit" is:
         1. A building or manufactured dwelling placement permit for a new primary structure that was part of the FDP approval; or
         2. A permit issued by the County Engineering Division for parking lot or road improvements that were part of the FDP approval.
7. Time Extension: If the approval of an FDP is not implemented within the initial approval period established by Subsection 703.09(F), a two-year time extension may be approved pursuant to Section 1310, Time Extension.

703.10 General FMD Standards

Development in the FMD shall comply with the following standards:

1. Anchoring:
   All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. Construction Materials and Methods, and Utilities:
   1. The following standards shall apply to below-grade crawl spaces. For more detailed information, refer to FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas. For flood insurance purposes, there is an additional charge that is added to the basic flood insurance policy premium for structures that are built on below-grade crawl spaces.
      1. The building shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the openings required by Subsection 703.10(B)(1)(b). Because of hydrodynamic loads, crawl-space construction is prohibited in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a professional engineer or licensed architect. Other types of foundations are recommended for these areas.
      2. The crawl space shall have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening shall be no more than one foot above the lowest adjacent exterior grade.
      3. Portions of the building below the base flood elevation (BFE) shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.
      4. Any building utility systems within the crawl space shall be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, shall either be placed above the BFE or sealed from floodwaters.
      5. The interior grade of a crawl space below the BFE shall not be more than two feet below the lowest adjacent exterior grade.
      6. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall shall not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.
      7. There shall be an adequate drainage system that removes floodwaters from the interior area of the crawl space. The enclosed area shall be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means.
      8. The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.
   2. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, and using methods and practices that minimize flood damage. For more detailed information, refer to November 1999 FEMA Publication 348, Protecting Building Utilities from Flood Damage; and FEMA Technical Bulletin 2-93, Flood-Resistant Materials Requirements.
   3. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
   4. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters.
   5. All equipment, machinery, appliances, and electrical boxes that pertain to electrical, ventilation, plumbing, and heating and air-conditioning systems and services, as well as outside fuel storage tanks, outside air-conditioning units, and other interior or exterior service facilities, systems, equipment, machinery, appliances, and other utilities shall be elevated or floodproofed so as to prevent water from entering or accumulating within the components during conditions of flooding.
      1. Floodproofed facilities, systems, equipment, machinery, and appliances — except for waterproofed wires and cables, as well as waterproofed and sealed plumbing pipes and other plumbing services — shall be certified as such by a preliminary and final floodproofing certificate.
      2. Except for manufactured dwelling electrical crossover connections, regulated pursuant to Subsection 703.11(A)(1), non-floodproofed facilities, systems, equipment, machinery, and appliances shall be elevated at least two feet above the BFE, except that duct systems may be elevated at least one foot above the BFE.
   6. Onsite wastewater disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with Oregon Department of Environmental Quality regulations.
   7. A professional engineer or licensed architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the County.
3. Substantial Improvement and Substantial Damage: A structure for which a substantial improvement or repair of substantial damage is proposed shall be elevated, retrofitted, upgraded, etc., such that the structure and all of its interior and exterior service facilities, systems, equipment, machinery and appliances shall be brought into compliance with the applicable standards of this section.
4. Manufactured Dwellings:
   1. Manufactured dwellings to be placed or substantially improved shall be placed on a permanent foundation and elevated pursuant to Subsection 703.11.
   2. Manufactured dwellings shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
   3. Manufactured dwellings shall be placed utilizing the applicable designs and guidelines, as approved by the Building Codes Division, of the September 1985 FEMA Publication, Manufactured Home Installation in Flood Hazard Areas, and State of Oregon Manufactured Dwelling Installation Specialty Code, whichever is the most restrictive.
5. Recreational Vehicles: Recreational vehicles shall comply with the requirements of Subsection 703.10(D) for manufactured dwellings or shall be:
   1. Located on the site for fewer than 180 consecutive days;
   2. Fully licensed and ready for highway use;
   3. Supported on wheels or a jacking system;
   4. Attached to services on the site only by quick-disconnect type utilities and security devices; and
   5. Void of any permanently attached additions.
6. Fill:
   1. Any fill or other materials — except those proposed within the interior of, and inside the walls of, a crawl space, foundation, basement or enclosure floor — shall be shown to have a beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the applicant, showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.
   2. Fill or other materials shall be protected against erosion by riprap, vegetative cover, or bulkheading.
   3. Structures may be allowed to be constructed on fill and thereby elevated above the BFE, subject to the following standards:
      1. The fill shall be placed such that the lowest adjacent finished grade of the fill to the foundation of the structure is at least two feet above the BFE.
      2. The lowest portion of the lowest structural support system of the building (i.e., the bottom of slab, bottom of footings, or bottom of any other lowest on-grade or sub-grade supporting member) shall be located at least one foot above the BFE.
      3. Placement of the fill shall require approval of a grading permit.
      4. The structure shall be constructed pursuant to the applicable standards of FEMA Technical Bulletin 10-01, Ensuring That Structures Built on Fill in or near Special Flood Hazard Areas Are Reasonably Safe from Flooding.
   4. All fill placed at or below the BFE shall be balanced with at least an equal amount of material removal either on-site, or from a nearby area at or below the BFE and in the same drainage basin. In addition, the following standards shall apply:
      1. Excavation below the level of the seasonal groundwater table shall not be used in balancing fill volumes against excavation volumes;
      2. The mean annual groundwater level shall be determined by soil morphology, or other available data on groundwater conditions;
      3. Balancing of a fill shall occur at the same time as the fill is placed on the development site;
      4. The site plan required in Subsection 703.09(A)(1) shall identify the area where material is removed from the floodplain to balance fill volumes, including pertinent elevations and volume of fill removed;
      5. A professional engineer or licensed architect shall certify that the amount of material removed balances the amount of fill material;
      6. f. A suitable recorded easement or similar legally binding mechanism, in a form acceptable to County Counsel shall be provided to the Planning Director, indicating that future development of the delineated area where material is removed to balance fill volumes is prohibited, and the delineated area cannot be used in the future as balancing for a fill; and
      7. When the balancing occurs off-site, the application shall also include:
      8. Authorization from the owner of the property where the balancing will occur; and
      9. ii. A legal description of the parcel where the balancing will occur.
   5. The following uses or activities are not subject to the provisions of Subsection 703.10(F)(4):
      1. Removal and/or fill necessary to plant new trees or vegetation;
      2. Removal and/or fill required for the construction of storm-water runoff detention facilities and/or structures; and
      3. Removal and/or fill required for the construction of other facilities such as levees designed specifically to reduce or mitigate flood impacts.
7. Stream Crossings, Including Bridges and Culverts, and Transportation Projects:
   1. Stream crossings and transportation projects shall be designed as balanced removal and fill projects, or designed to not raise the BFE.
   2. Stream crossings and transportation projects that encroach into the floodway shall obtain a "no-rise" certification, or, if the "no-rise" condition cannot be achieved, shall obtain a Conditional Letter of Map Revision, prior to permitting the work, followed by a Letter of Map Revision after the work has been completed.
   3. Stream crossings and transportation projects shall be designed to minimize the area of fill in the special flood hazard area (SFHA) and to minimize erosive water velocities.
   4. Stream crossings shall be as close to perpendicular to the stream as practicable.
   5. Stream crossings shall be designed to allow fish passage.
   6. Stream crossings and transportation projects are subject to review and approval pursuant to applicable federal and state statutes and administrative rules.
8. Subdivisions:
   1. Subdivisions shall be consistent with the need to minimize flood damage.
   2. Subdivisions shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage.
   3. Subdivisions shall have adequate drainage provided to reduce exposure to flood damage.
9. Toxic or Hazardous Materials:
   1. The storage or use of toxic or hazardous materials in conjunction with nonresidential uses is prohibited, except as permitted in Subsection 703.10(I)(2).
   2. Storage or use of toxic or hazardous materials may be permitted if the applicant demonstrates the following:
      1. The proposed development requires toxic or hazardous materials for operation.
      2. An area outside the SFHA is not available to be used for storage or use of toxic or hazardous materials.
      3. The containers, structures, facilities and machinery that contain, use or process the toxic or hazardous materials shall be elevated:
         1. A minimum of two feet above the BFE in AE zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B);
         2. A level to be determined pursuant to Subsection 703.11(C)(1) in unnumbered A zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B); or
         3. The depth number specified on the Flood Insurance Rate Map — or a minimum of two feet above the highest adjacent grade if no depth number is specified — in shallow flooding areas.
         4. The structures that support the containers, structures, facilities, and machinery that contain, use or process the toxic or hazardous materials shall comply with Subsections 703.10(A) and 703.10(B)(2) and (7).
10. J. Critical Facilities: Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above base flood elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility shall also be protected to the height utilized above. Floodproofing and sealing measures shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

703.11 Specific Standards

1. AE Zones with Designated Floodways: In AE zones with designated floodways, as indicated on the Flood Insurance Rate Map (FIRM) or determined pursuant to Subsection 703.08(B), development shall comply with the following criteria:
   1. Residential Construction: New construction and substantial improvement of a dwelling shall have the lowest floor, including basement, elevated at least two feet above the base flood elevation (BFE), except that new or substantially improved manufactured dwellings shall have the bottom of the longitudinal frame beam and electrical crossover connections elevated at least one foot above the BFE. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a professional engineer or licensed architect or shall meet or exceed the following minimum criteria. For more detailed information, refer to FEMA Technical Bulletin 1-93, Openings in Foundation Walls.
      1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, unless the applicant provides documentation from a professional engineer or licensed architect that a flood vent manufacturer's product can provide less than one square inch of opening for every square foot of enclosed area and still meet National Flood Insurance Program standards.
      2. The bottom of all openings shall be no higher than one foot above grade.
      3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
   2. Nonresidential Construction: New construction and substantial improvement of a nonresidential structure shall either comply with Subsection 703.11(A)(1), or, together with attendant utility and sanitary facilities, shall comply with the following criteria. For more detailed information, refer to FEMA Technical Bulletin 3-93, Non-Residential Floodproofing — Requirements & Certification.
      1. The structure shall be floodproofed, so that below the point one foot above the BFE, the structure is watertight, with walls substantially impermeable to the passage of water. Applicants floodproofing nonresidential structures shall be notified in writing that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to one foot above the BFE will be rated as being floodproofed to the BFE).
      2. The structure shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      3. A professional engineer or licensed architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the County.
2. AE Zones without Designated Floodways: In AE zones without designated floodways, as indicated on the FIRM or determined pursuant to Subsection 703.08(B), development shall comply with Subsection 703.11(A) and the following criteria:
   1. The cumulative effect of the proposed development and all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
   2. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow.
   3. So far as practical, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
3. Unnumbered A Zones: In unnumbered A zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B), development shall comply with the following criteria:
   1. Proposed construction shall be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, post-flood improvements to the waterway, etc., where available. Failure to elevate the lowest floor to at least two feet above the highest grade may result in higher insurance rates.
   2. Proposed residential construction shall comply with Subsections 703.11(A)(1). Proposed nonresidential construction, together with attendant utility and sanitary facilities, shall comply with Subsections 703.11(A)(2). However, the level to which the structure must be elevated or floodproofed shall be determined pursuant to Subsection 703.11(C)(1).
   3. Proposed construction shall comply with Subsections 703.11(B)(2) and (3).
   4. The applicant shall provide base flood elevations for the area of development. Where base flood elevation data have not been provided or are not available from another authorized source, the data shall be generated for subdivisions or other proposed development that contain at least 50 lots or five acres, whichever is less.
4. Areas of Shallow Flooding: In areas of shallow flooding, development shall comply with the following criteria:
   1. New construction and substantial improvement of a dwelling shall comply with Subsections 703.11(A)(1) and shall have the lowest floor, including basement, elevated above the highest adjacent grade of the building site to a minimum of two feet above the depth number specified on the FIRM. If no depth number is specified, the lowest floor shall be elevated at least two feet above the highest adjacent grade of the building site.
   2. New construction and substantial improvement of a nonresidential structure shall either comply with Subsection 703.11(D)(1), or, together with attendant utility and sanitary facilities, shall comply with Subsection 703.11(A)(2), except that the structure shall be floodproofed to the elevation identified in Subsection 703.11(D)(1).
   3. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.

703.12 Exception

1. Approval Criteria: Certain non-residential structures — such as detached garages and storage sheds solely used for parking and limited storage that are no greater than 400 square feet in area and do not exceed one story, pole barns used for storage of farm machinery and equipment, small garden sheds, and structures used in conjunction with agricultural activities — may be granted an exception from the elevation and floodproofing standards of Subsection 703.11, subject to the following criteria. (For more detailed information, refer to FEMA Technical Bulletin 7-93, Wet Floodproofing Requirements.) Additionally, the following structures may qualify for the exception: residential accessory structures up to 200 square feet, which may not require a building permit pursuant to Oregon Residential Specialty Code R105.2; residential accessory structures greater than 200 and up to 400 square feet if the lot size and setbacks qualify pursuant to Oregon Residential Specialty Code R105.2; and commercial accessory structures that are up to 120 square feet, which may not require a building permit pursuant to Oregon Structural Specialty Code 105.2.
   1. The exception is reviewed pursuant to Subsection 703.13, and compliance with the approval criteria of Subsection 703.13(A) is demonstrated.
   2. The structure will be wet floodproofed.
   3. The structure will not be temperature controlled.
   4. The structure will not cause significant flood risk.
   5. The structure will not be used for human habitation, and will be utilized for storage or parking.
   6. The structure will be located, designed, and constructed to have low flood damage potential.
   7. The structure will be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters.
   8. The structure will not be used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality, unless confined in a tank installed in compliance with Section 703 or stored at least one foot above the base flood elevation.
   9. The structure will be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
   10. 10. The structure will be constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
   11. The structure will be constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or comply with Subsections 703.11(A)(1)(a) through (c).
   12. The structure will be constructed with flood-resistant materials that meet the requirements of the County Building Codes Division, up to:
       1. A minimum of one foot above the BFE in AE zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B);
       2. A level to be determined pursuant to Subsection 703.11(C)(1) in unnumbered A zones, as indicated on the FIRM or determined pursuant to Subsection 703.08(B); or
       3. The depth number specified on the Flood Insurance Rate Map — or a minimum of two feet above the highest adjacent grade if no depth number is specified — in areas of shallow flooding.
   13. If the structure will be located in the floodway, the structure will comply with Subsection 703.07.
2. Insurance Consequences: If an exception is granted for a structure that is accessory to a dwelling and the structure will exceed a value greater than 10 percent of the value of the dwelling, the applicant shall be given written notice that substantial increases in insurance rates may result.

703.13 Variances

1. Approval Criteria: In conjunction with review of a floodplain development permit, a variance from the requirements of Section 703 may be approved, subject to the following standards and criteria:
   1. The request is consistent with Subsection 703.09(B).
   2. There is good and sufficient cause for the variance.
   3. Compliance with the requirements for which the variance is requested would cause an exceptional hardship to the applicant.
   4. Approval of the variance would not result in increased flood levels during base flood discharge, additional threats to public safety, extraordinary public expense, or a nuisance condition, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
   5. The variance requested is the minimum necessary, considering the flood hazard, to provide relief.
   6. If the proposal is to repair or rehabilitate a historic structure that is listed on the National Register of Historic Places or a State or Local Inventory of Historic Places, the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
2. Consequences: If a variance is granted that allows the lowest floor of a structure to be built below the regulatory flood protection elevation, the applicant shall be given written notice that:
   1. The cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; and
   2. Such construction below the base flood level increases risks to life and property and the County is not liable for any damages that result from the variance approval.
3. The written notice required by Subsection 703.13(B) shall be maintained with a record of all variance actions.

[Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-275, 1/18/19]

This Ordinance shall be known and may be cited and referred to as the "Clackamas County, Oregon, Zoning and Development Ordinance" (hereinafter referred to as this Ordinance). 

[Amended by Ord. ZDO-235, 5/14/12]