RE: Temporary Watchman Unit -- MY PRELIMINARY LOOK AT CRITERIA FOR DISCUSSION AT 1:30 TOMORROW

From: Gerald Fisher

Sent: Wed Jan 08 18:16:43 2020

To: Alice Cannon

Cc: Dan Zinder

Subject: RE: Temporary Watchman Unit -- MY PRELIMINARY LOOK AT CRITERIA FOR DISCUSSION AT 1:30 TOMORROW

Importance: Normal

Response to #3.

Connection of RV to City water and sewer prohibited by code.

13.08.330 Unauthorized connections and disturbances.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director of Public Works. (Ord. 2007-07 §1; Ord. 1976-2 Art. 4 §1)

I cant authorize without a permit from City Manager.

15.08.020 Permits.

Any person desiring to inhabit or use a recreational vehicle, trailer, fifth wheel or other such mobile living unit for more than seven consecutive days shall apply for a permit from the City Manager. The fee for such permit shall be set by the City Council by resolution. Upon receipt of an application for such a permit, the City Manager or designee may issue a permit therefor, for a period not exceeding 30 days, if the unit contains satisfactory sanitary facilities and if the use or inhabitance of the unit will not create a menace to public health or a public nuisance. (Ord. 1987-9 §2)

Reasonable examples of caretaker facility in code is as follows:

17-2.4.020 Public/Semi-Public Uses (PSP) Overlay

D. Conditional Uses Permitted.

4. Manufactured home or other structures used as a permanent residence for a night watchman or caretaker.

An RV is not a structure used as a permanent resident and is not a manufactured home. Example of approved type of structure is on 525 W Main where a manufactured structure used as an office is permanently placed and has hard connections to the water and sewer systems.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

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From: Alice Cannon <acannon@cityofmolalla.com>

Sent: Wednesday, January 8, 2020 5:52 PM

To: Alice Cannon <acannon@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>

Subject: Temporary Watchman Unit -- MY PRELIMINARY LOOK AT CRITERIA FOR DISCUSSION AT 1:30 TOMORROW

CONDITIONAL USE CRITERIA

17-4.4.040 Criteria, Standards, and Conditions of Approval

The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in subsections A and B.

A. Use Criteria.

1. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

THE CITY DOES NOT PERMIT RVs AS PERMANENT USES. CRITERION NOT MET.

2. The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval;

3. All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with City standards; and

GERALD???

4. A conditional use permit shall not allow a use that is prohibited or not expressly allowed under Division II; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

THE CITY DOES NOT PERMIT RVs PERMANENT UES. CRITERION NOT MET.

TEMPORARY USE STANDARDS

Temporary Buildings, Trailers, Kiosks, and Other Structures. Through a Type II procedure, pursuant to Section 17-4.1.030, the City shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on following criteria:

1. The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval).

ALLOWED THROUGH A CONDITIONAL USE ONLY…AND REQUIRES SITE DESIGN REVIEW BECAUSE NEW DEVELOPMENT

2. The applicant, if different than the property owner, has proof of the owner’s permission to place the use on the property.

PERMISSION HAS BEEN GRANTED

3. The lot development standards of Section 17-2.2.040 are met.

PROPERTY HAS NOT YET GONE THROUGH SITE DESIGN REVIEW, SO MANY AREAS OF NONCONFORMITY EXIST

4. Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to Chapter 17-3.3 Access and Circulation.

PROBABLY OKAY

5. The use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting.

NEW UNIT DOES NOT CREATE A CONFLICT BUT WHOLE PROPERTY IS NOT CONFORMING BECAUSE HASN’T YET GONE THROUGH SITE DESIGN REVIEW

6. There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to the Chapter 17-3.5 Parking and Loading.

PROBABLY BUT SITE DOES NOT HAVE A CONFORMING PARKING LOT DUE TO LACK OF SITE DESIGN REVIEW APPROVAL.

7. The temporary use does not conflict (i.e., create a nonconformity) with the provisions of Chapter 17-3.6 Public Facilities.

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8. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

PROBABLY OKAY

9. The use is adequately served by sewer or septic system and water, as applicable.

PROBABLY NOT, BECAUSE THE APPLICANT’S TENANT SPACE IS NOT SERVED BY WATER, OR SEWER…IS PROVIDED BY ADJACENT TENANT SPACE ??? GERALD???

10. The structure complies with applicable building codes.

I DON’T THINK SO…EACH PERMANENT TENANT SPACE NEEDS TO HAVE ACCESS TO SEWER, WATER AND AN ADA ACCESSIBLE BATHROOM

11. Except where specifically authorized by the Planning Official the length of time that the temporary structure may remain on a site shall not exceed six consecutive months.

IF WE DO GRANT APPROVAL, WOULD NOT ALLOW ANYTHING LONGER THAN SIX MONTHS

12. The applicant has obtained and will maintain all required licenses and permits.

HASN’T YET OBTAINED A BUILDING PERMIT TO OCCUPY THE TENANT SPACE LEGALLY

13. Public health, safety, and welfare are protected through the installation of a water meter, if necessary, and other improvements, pursuant to Chapter 17-3.6 Public Facilities, as necessary. (Ord. 2017-08 §1)

???GERALD???

___________________________________________

SITE DESIGN REVIEW APPLICABILITY

17-4.2.020 Applicability

Site Design Review approval is required for new development (YES). Site Design Review approval is also required to expand a nonconforming use or development. Except as specified by a condition of approval of a prior City decision, or as required for uses subject to Conditional Use Permit approval, Site Design Review is not required for the following: (NO EXCEPTIONS FIT)

A. Change in occupancy from one type of land use to a different land use resulting in no increase in vehicular traffic or development;

B. Single-family detached dwelling (including manufactured home) on its own lot, except as required for designated historic landmarks or properties within a designated historic district;

C. A single duplex;

D. Non-residential building addition of up to 500 square feet or 10 percent, whichever is greater;

E. Home occupation, except for uses requiring a Conditional Use Permit;

F. Development and land uses that are already approved as part of a Site Design Review or Conditional Use Permit application, provided that modifications to such plans may require Site Design Review, pursuant to Chapter 17-4.2;

G. Public improvements required by City standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar improvements), as determined by the Planning Official and City Engineer, except where a condition of approval requires Site Design Review; and

H. Regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair. (Ord. 2017-08 §1)