74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1816
Senate Bill 335
Sponsored by Senator SCHRADER (Presession filed.)
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 as
introduced.
Changes planning period for buildable land supply inside urban
growth boundary.
A BILL FOR AN ACT
Relating to buildable land supply; creating new provisions; and
amending ORS 197.296 and 197.299.
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 population of 25,000 or more.
(b) The Land Conservation and Development Commission may
establish a set of factors under which additional cities are
subject to the provisions of this section. 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 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, a local government shall
demonstrate that its comprehensive plan or regional plan provides
sufficient buildable lands within the urban growth boundary
established pursuant to statewide planning goals to accommodate
estimated housing needs for { + up to + } 20 years. The
{ - 20-year period shall commence - } { + period of up to 20
years, determined by the local government, commences + } on the
date initially scheduled for completion of the periodic or
legislative review.
(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) 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 number of
units and amount of land needed for each needed housing type for
{ - the next - } { + up to + } 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) - }
{ + paragraph (b) + } 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 - } { + over the past 20 years, including + }:
(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) - } { + (b) + } A local government shall use data
from a wider geographic area or use a time period for economic
cycles and trends { - longer than - } { + different from + }
the time period described in paragraph (a) of this subsection if
the analysis of a wider geographic area or the use of a
{ - longer - } { + different + } 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.
(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 - } { + up to + } 20 years. 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 - } { + up to + } 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.
(7) Using the analysis conducted under subsection (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 - } { + for up
to + } 20 years. If that density is greater than the actual
density of development determined under subsection (5)(a)(A) of
this section, or if that mix is different from the actual mix of
housing types determined under subsection (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 - } { + for up to + } 20 years.
(8)(a) A local government outside a metropolitan service
district that takes any actions under subsection (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.
(9) In establishing that actions and measures adopted under
subsections (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;
(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 inventory, determination and
analysis required under ORS 197.296 (3) not later than five years
after completion of the previous inventory, determination and
analysis.
(2)(a) The metropolitan service district shall take such action
as necessary under ORS 197.296 (6)(a) to accommodate one-half of
{ - a 20-year - } { + the + } 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 (6)(a) necessary to accommodate { - a
20-year - } { + the + } 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 - } { + the
period of up to 20 years determined under ORS 197.296 (2) + }
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.
(4)(a) The metropolitan service district shall establish a
process to expand the urban growth boundary to accommodate a need
for land for a public school that cannot reasonably be
accommodated within the existing urban growth boundary. The
metropolitan service district shall design the process to:
(A) Accommodate a need that must be accommodated between
periodic analyses of urban growth boundary capacity required by
subsection (1) of this section; and
(B) Provide for a final decision on a proposal to expand the
urban growth boundary within four months after submission of a
complete application by a high growth school district, as defined
in ORS 195.110.
(b) At the request of a high growth school district, the
metropolitan service district shall assist the high growth school
district to identify school sites required by the school facility
planning process described in ORS 195.110. A need for a public
school is a specific type of identified land need under ORS
197.298 (3).
SECTION 3. { + The amendments to ORS 197.296 and 197.299 by
sections 1 and 2 of this 2007 Act apply only to a proposal to
amend an acknowledged comprehensive plan or land use regulation
or a proposal to adopt a new land use regulation that is
submitted to the Director of the Department of Land Conservation
and Development for review under ORS 197.610 on or after the
effective date of this 2007 Act and to a legislative review of
urban growth boundaries initiated on or after the effective date
of this 2007 Act. + }
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