71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1693
B-Engrossed
House Bill 2976
Ordered by the Senate June 18
Including House Amendments dated May 24 and Senate Amendments
dated June 18
Sponsored by Representative MORGAN (at the request of Oregon
Building Industry Association, Home Builders Association of
Metropolitan Portland)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires local governments to determine housing capacity of
buildable lands. Defines buildable lands for purposes of
inventory of buildable lands that must be conducted by local
governments. Requires local government to create map or document
that may be used to verify specific lots or parcels that have
been determined to be buildable lands. Specifies information that
must be used in determining housing capacity and need. Requires
local government to amend urban growth boundary or amend plan if
it determines housing need for next 20 years is greater than
housing capacity.
Requires metropolitan service district to take certain planning
actions within one year of completing analysis of number of units
and amount of land needed for next 20 years.
Specifies that Act applies to periodic review or legislative
review by local governments other than metropolitan service
district that is begun on or after effective date of Act.
Specifies that Act applies to periodic review or legislative
review by metropolitan service district that is begun on or after
January 1, 2000.
A BILL FOR AN ACT
Relating to urban growth boundary; creating new provisions; and
amending ORS 197.296, 197.299, 197.302 and 197.637.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.296 is amended to read:
197.296. (1)(a) The provisions of this section apply to { +
metropolitan service district regional framework plans and + }
local government comprehensive plans for lands { + within the
urban growth boundary of a city that is located outside of a
metropolitan service district and has + } { - : - }
{ - (A) Within any urban growth boundary for a city with - }
a population of 25,000 or more { + . + } { - ; - }
{ - (B) Within any urban growth boundary for a city with a
population of less than 25,000 with a rate of growth that
exceeded the average rate of growth for the state for three of
the last five years; and - }
{ - (C) For which a functional plan is prepared by a
metropolitan service district under ORS 268.390 (2). - }
(b) { - Notwithstanding paragraph (a) of this subsection, - }
The Land Conservation and Development Commission may { - waive
the requirements of that paragraph - } { + establish a set of
factors under which additional cities are subject to the
provisions of ORS 197.295 to 197.314. In establishing the set of
factors required under this paragraph, the commission shall
consider the size of the city, the rate of population growth of
the city or the proximity of the city to another city with a
population of 25,000 or more or to a metropolitan service
district + }.
(2) At periodic review { + pursuant to ORS 197.628 to
197.650 + } or { + at + } any other legislative review { - of
the urban growth boundary, comprehensive - } { + of the
comprehensive plan or regional plan that concerns the urban
growth boundary and requires the application of a statewide
planning goal relating to buildable lands for residential use,
comprehensive + } plans or { - functional - }
{ + regional + } plans shall provide sufficient buildable lands
within urban growth boundaries established pursuant to statewide
planning goals to accommodate estimated housing needs for 20
years. { + The 20-year period shall commence on the date
initially scheduled for completion of the periodic or legislative
review. + }
{ - (3) As part of its next periodic review pursuant to ORS
197.628 to 197.650 following September 9, 1995, or any other
legislative review of the urban growth boundary, a local
government shall: - }
{ + (3) In performing the duties under subsection (2) of this
section, a local government shall: + }
(a) Inventory the supply of buildable lands within the urban
growth boundary { + and determine the housing capacity of the
buildable lands + }; { + and + }
{ - (b) Determine the actual density and the actual average
mix of housing types of residential development that have
occurred within the urban growth boundary since the last periodic
review or five years, whichever is greater; and - }
{ - (c) - } { + (b) + } Conduct an analysis of housing need
by type and density range, in accordance with ORS 197.303 and
statewide planning goals and rules relating to housing, to
determine the
{ - amount of land - } { + number of units and amount of
land + } needed for each needed housing type for the next 20
years.
{ + (4)(a) For the purpose of the inventory described in
subsection (3)(a) of this section, 'buildable lands' includes:
(A) Vacant lands planned or zoned for residential use;
(B) Partially vacant lands planned or zoned for residential
use;
(C) Lands that may be used for a mix of residential and
employment uses under the existing planning or zoning; and
(D) Lands that may be used for residential infill or
redevelopment.
(b) For the purpose of the inventory and determination of
housing capacity described in subsection (3)(a) of this section,
the local government must demonstrate consideration of:
(A) The extent that residential development is prohibited or
restricted by local regulation and ordinance, state law and rule
or federal statute and regulation;
(B) A written long term contract or easement for radio,
telecommunications or electrical facilities, if the written
contract or easement is provided to the local government; and
(C) The presence of a single family dwelling or other structure
on a lot or parcel.
(c) Except for land that may be used for residential infill or
redevelopment, a local government shall create a map or document
that may be used to verify and identify specific lots or parcels
that have been determined to be buildable lands.
(5)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the determination of housing capacity and need
pursuant to subsection (3) of this section must be based on data
relating to land within the urban growth boundary that has been
collected since the last periodic review or five years, whichever
is greater. The data shall include:
(A) The number, density and average mix of housing types of
urban residential development that have actually occurred;
(B) Trends in density and average mix of housing types of urban
residential development;
(C) Demographic and population trends;
(D) Economic trends and cycles; and
(E) The number, density and average mix of housing types that
have occurred on the buildable lands described in subsection
(4)(a) of this section.
(b) A local government shall make the determination described
in paragraph (a) of this subsection using a shorter time period
than the time period described in paragraph (a) of this
subsection if the local government finds that the shorter time
period will provide more accurate and reliable data related to
housing capacity and need. The shorter time period may not be
less than three years.
(c) A local government shall use data from a wider geographic
area or use a time period for economic cycles and trends longer
than the time period described in paragraph (a) of this
subsection if the analysis of a wider geographic area or the use
of a longer time period will provide more accurate, complete and
reliable data relating to trends affecting housing need than an
analysis performed pursuant to paragraph (a) of this subsection.
The local government must clearly describe the geographic area,
time frame and source of data used in a determination performed
under this paragraph. + }
{ - (4) If the determination required by subsection (3) of
this section indicates that the urban growth boundary does not
contain sufficient buildable lands to accommodate housing needs
for 20 years at the actual developed density that has occurred
since the last periodic review, the local government shall take
one of the following actions: - }
{ + (6) If the housing need determined pursuant to subsection
(3)(b) of this section is greater than the housing capacity
determined pursuant to subsection (3)(a) of this section, the
local government shall take one or more of the following actions
to accommodate the additional housing need: + }
(a) Amend its urban growth boundary to include sufficient
buildable lands to accommodate housing needs for { + the
next + } 20 years
{ - at the actual developed density during the period since the
last periodic review or within the last five years, whichever is
greater - } . As part of this process, { + the local government
shall consider the effects of measures taken pursuant to
paragraph (b) of this subsection. + } The amendment shall include
sufficient land reasonably necessary to accommodate the siting of
new public school facilities. The need and inclusion of lands for
new public school facilities shall be a coordinated process
between the affected public school districts and the local
government that has the authority to approve the urban growth
boundary;
(b) Amend its comprehensive plan, { + regional plan, + }
functional plan or land use regulations to include new measures
that demonstrably increase the likelihood that residential
development will occur at densities sufficient to accommodate
housing needs for { + the next + } 20 years without expansion of
the urban growth boundary. A local government or metropolitan
service district that takes this action shall monitor and record
the level of development activity and development density by
housing type following the date of the adoption of the new
measures; or
(c) Adopt a combination of the actions described in paragraphs
(a) and (b) of this subsection.
{ - (5) - } { + (7) + } Using the analysis conducted under
subsection
{ - (3)(c) - } { + (3)(b) + } of this section, the local
government shall determine the overall average density and
overall mix of housing types at which residential development of
needed housing types must occur in order to meet housing needs
over the next 20 years. If that density is greater than the
actual density of development determined under subsection
{ - (3)(b) - } { + (5)(a)(A) + } of this section, or if that
mix is different from the actual mix of housing types determined
under subsection { - (3)(b) - } { + (5)(a)(A) + } of this
section, the local government, as part of its periodic review,
shall adopt measures that demonstrably increase the likelihood
that residential development will occur at the housing types and
density and at the mix of housing types required to meet housing
needs over the next 20 years.
{ - (6) A local government - } { + (8)(a) A local
government outside a metropolitan service district + } that takes
any actions under subsection { - (4) or (5) - } { + (6) or
(7) + } of this section shall demonstrate that the comprehensive
plan and land use regulations comply with goals and rules adopted
by the commission and implement ORS 197.295 to 197.314.
{ + (b) The local government shall determine the density and
mix of housing types anticipated as a result of actions taken
under subsections (6) and (7) of this section and monitor and
record the actual density and mix of housing types achieved. The
local government shall compare actual and anticipated density and
mix. The local government shall submit its comparison to the
commission at the next periodic review or at the next legislative
review of its urban growth boundary, whichever comes first. + }
{ - (7) - } { + (9) + } In establishing that actions and
measures adopted under subsections { - (4) and (5) - }
{ + (6) or (7) + } of this section demonstrably increase the
likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed
housing is in locations appropriate for the housing types
identified under subsection (3) of this section and is zoned at
density ranges that are likely to be achieved by the housing
market using the analysis in subsection (3) of this section.
Actions or measures, or both, may include but are not limited to:
(a) Increases in the permitted density on existing residential
land;
(b) Financial incentives for higher density housing;
(c) Provisions permitting additional density beyond that
generally allowed in the zoning district in exchange for
amenities and features provided by the developer;
(d) Removal or easing of approval standards or procedures;
(e) Minimum density ranges;
(f) Redevelopment and infill strategies;
(g) Authorization of housing types not previously allowed by
the plan or regulations; { - and - }
(h) Adoption of an average residential density standard { + ;
and
(i) Rezoning or redesignation of nonresidential land + }.
SECTION 2. ORS 197.299 is amended to read:
197.299. (1) A metropolitan service district organized under
ORS chapter 268 shall complete the initial inventory,
determination and analysis required under ORS 197.296 (3) not
later than January 1, 1998, and conduct the inventory and
analysis at least every five years thereafter.
(2)(a) The metropolitan service district shall take such action
as necessary under ORS 197.296 { - (4) - } { + (6)(a) + } to
accommodate one-half of a 20-year buildable land supply
determined under ORS 197.296 (3) within one year of completing
the analysis.
(b) The metropolitan service district shall take all final
action under ORS 197.296 { - (4) - } { + (6)(a) + } necessary
to accommodate a 20-year buildable land supply determined under
ORS 197.296 (3) within two years of completing the analysis.
{ + (c) The metropolitan service district shall take action
under ORS 197.296 (6)(b), within one year after the analysis
required under ORS 197.296 (3)(b) is completed, to provide
sufficient buildable land within the urban growth boundary to
accommodate the estimated housing needs for 20 years from the
time the actions are completed. The metropolitan service district
shall consider and adopt new measures that the governing body
deems appropriate under ORS 197.296 (6)(b). + }
(3) The Land Conservation and Development Commission may grant
an extension to the time limits of subsection (2) of this section
if the Director of the Department of Land Conservation and
Development determines that the metropolitan service district has
provided good cause for failing to meet the time limits.
SECTION 3. ORS 197.302 is amended to read:
197.302. (1) After gathering and compiling information on the
performance measures as described in ORS 197.301 but prior to
submitting the information to the Department of Land Conservation
and Development, a metropolitan service district shall determine
if actions taken under ORS 197.296 { - (4) - } { + (6) + }
have established the buildable land supply and housing densities
necessary to accommodate estimated housing needs determined under
ORS 197.296 (3). If the metropolitan service district determines
that the actions undertaken will not accommodate estimated need,
the district shall develop a corrective action plan, including a
schedule for implementation. The district shall submit the plan
to the department along with the report on performance measures
required under ORS 197.301. Corrective action under this section
may include amendment of the urban growth boundary, comprehensive
plan, { + regional framework plan, + } functional plan or land
use regulations as described in ORS 197.296.
(2) Within two years of submitting a corrective action plan to
the department, the metropolitan service district shall
demonstrate by reference to the performance measures described in
ORS 197.301 that implementation of the plan has resulted in the
buildable land supply and housing density within the urban growth
boundary necessary to accommodate the estimated housing needs for
each housing type as determined under ORS 197.296 (3).
(3) The failure of the metropolitan service district to
demonstrate the buildable land supply and housing density
necessary to accommodate housing needs as required under this
section and ORS 197.296 may be the basis for initiation of
enforcement action pursuant to ORS 197.319 to 197.335.
SECTION 4. ORS 197.637 is amended to read:
197.637. (1) Upon request of the Department of Land
Conservation and Development, the Housing and Community Services
Department shall review the inventory and analysis of housing,
and measures taken to address the housing need, required of
certain local governments under ORS 197.296. The review shall
address the likely effect of measures developed by a local
government under ORS 197.296 { - (4) - } { + (6) or (7) + }
on the adequacy of the supply of buildable land and opportunities
to satisfy needs identified under ORS 197.296 (3).
(2) The Land Conservation and Development Commission and the
Director of the Department of Land Conservation and Development
shall consider the review and any recommendations of the Housing
and Community Services Department when determining whether a
local government has complied with the statewide land use
planning goals and the requirements of ORS 197.296.
SECTION 5. { + The amendments to ORS 197.296 and 197.637 by
sections 1 and 4 of this 2001 Act apply to a periodic review or
legislative review by a local government, except a metropolitan
service district organized under ORS chapter 268, begun on or
after the effective date of this 2001 Act. + }
SECTION 6. { + The amendments to ORS 197.296, 197.299, 197.302
and 197.637 by sections 1 to 4 of this 2001 Act apply to a
periodic review or legislative review by a metropolitan service
district organized under ORS chapter 268 begun on or after
January 1, 2000. + }
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