City of Oregon City - File #: PC 19-109

• File #: PC 19-109
• Version: 1
• Name: 2nd Reading of Ordinance 19-1009 Code Amendment Champter 17.40 HRB Procedures
• Type: Land Use Item
• Status: Agenda Ready
• File created: 10/8/2019
• In control: City Commission
• On agenda: 10/16/2019
• Final action: 10/16/2019
• Title: Second Reading of Ordinance No. 19-1009, Amending the Oregon City Municipal Code Chapter 17.40 Historic Overlay District
• Sponsors: Laura Terway

Date	Ver.	Action By	Action	Result
10/16/2019	1	City Commission	approve on second reading and final adoption	Pass

Title
Second Reading of Ordinance No. 19-1009, Amending the Oregon City Municipal Code Chapter 17.40 Historic Overlay District

Body
RECOMMENDED ACTION (Motion):
Staff recommends approval of the second reading of Ordinance No. 19-1009, code amendment to Chapter 17.40 (GLUA-19-00022).

BACKGROUND:
The proposed amendments have been revised to reflect direction from the City Commission to require Commission approval by Resolution of any future changes to Historic Review Board (HRB) policies. A clarification to the definition of "New Construction" in Oregon City Municipal Code (OCMC) 17.04.815 has also been added in response to a public comment.
The proposal is for an amendment to the Oregon City Municipal Code. OCMC Chapter 17.40, Historic Overlay, contains provisions for Historic Review for development within these areas. Section 17.40.060 requires HRB review where exterior alterations to historic sites or new construction is proposed. Depending on the extent of the activity proposed, this section provides for discretionary review by the HRB subject to the design guidelines or, for certain less intensive or impactful activities, for staff review through an “administrative approval.” The problem is that the label “administrative approval” referenced in OCMC 17.40.060.D does not track with the fairly elaborate notice and hearing procedures provided by code, set out in OCMC 17.40.060.K, including requirements for mailed and published notice, and a requirement that a hearing be held within 45 days if a demand for such is made. These notice and hearing requirements are different from the standard notice and hearing procedures provided in the City Code under OCMC 17.50 and in state law that is applicable to all other types of land use review.

The recently adopted policies are clear and objective; i.e. they are quantifiable standards that do not require any interpretative judgment. As a result, it makes no sense to retain these notice and hearing procedures...