69th OREGON LEGISLATIVE ASSEMBLY--1997 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 2479
A-Engrossed
House Bill 2493
Ordered by the House May 27
Including House Amendments dated May 27
Sponsored by Representative LUKE
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 government to mitigate for reduction in
housing density resulting from conditioned approval of
development application. - }
{ + Directs metropolitan service districts to complete
inventory and analysis of buildable land by January 1, 1998.
Specifies that additional inventory and analysis must be
conducted every five years.
Directs districts to report to Department of Land Conservation
and Development on specified performance measures. Directs
districts to assess whether actions taken will accommodate
estimated housing needs.
Prohibits local government from requiring that single family or
multifamily dwelling occupy less than 50 percent of lot for land
within urban growth boundary. + }
A BILL FOR AN ACT
Relating to urban housing density; creating new provisions; and
amending ORS 197.763.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this Act are added to and
made a part of ORS chapter 197. + }
SECTION 2. { + (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) The metropolitan service district shall take the actions
necessary to accommodate a 20-year buildable land supply as
required under ORS 197.296 (4) within two years of completing the
analysis required under ORS 197.296 (3). + }
SECTION 3. { + (1) A metropolitan service district organized
under ORS chapter 268 shall compile and report to the Department
of Land Conservation and Development on the performance measures
described in this section at least once every two years. The
information shall be reported in a manner prescribed by the
department.
(2) Performance measures subject to subsection (1) of this
section shall include:
(a) The rate of conversion of vacant land to improved land;
(b) The density and price ranges of residential development,
including both single family and multifamily residential units;
(c) The level of job creation within individual cities and the
urban areas of a county inside the metropolitan service district;
(d) The number of residential units added to small sites
assumed to be developed in the metropolitan service district's
inventory of available lands but which can be further developed,
and the conversion of existing spaces into more compact units
with or without the demolition of existing buildings;
(e) The amount of environmentally sensitive land that is
protected and the amount of environmentally sensitive land that
is developed;
(f) The sales price of vacant land;
(g) Residential vacancy rates;
(h) Public access to open spaces; and
(i) Transportation measures including mobility, accessibility
and air quality indicators. + }
SECTION 4. { + (1) After gathering and compiling information
on the performance measures as described in section 3 of this
1997 Act 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) 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 section 3 of
this 1997 Act. Corrective action under this section may include
amendment of the urban growth boundary, comprehensive 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
section 3 of this 1997 Act 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 5. { + A local government with a comprehensive plan or
functional plan identified in ORS 197.296 (1) shall compile and
report annually to the Department of Land Conservation and
Development the following information for all permit applications
received under ORS 227.175:
(1) The number of applications received for residential
development, including the residential density proposed in the
application and the maximum allowed residential density for the
subject zone;
(2) The number of applications approved, including the approved
density; and
(3) The date each application was received and the date it was
approved or denied. + }
SECTION 6. { + Section 7 of this Act is added to and made a
part of ORS chapter 215. + }
SECTION 7. { + For county land that is within an urban growth
boundary, the governing body of a county or its designee shall
not adopt or enforce an ordinance, or impose as a condition of
approval for a permit under ORS 215.428, a requirement that a
single family or multifamily dwelling occupy less than 50 percent
of the lot or parcel upon which the dwelling will be
established. + }
SECTION 8. { + Section 9 of this Act is added to and made a
part of ORS chapter 227. + }
SECTION 9. { + The governing body of a city or its designee
shall not adopt or enforce, or impose as a condition of approval
for an application under ORS 227.178, a requirement that a single
family or multifamily dwelling occupy less than 50 percent of the
lot or parcel upon which the dwelling will be located. + }
SECTION 10. ORS 197.763 is amended to read:
197.763. The following procedures shall govern the conduct of
quasi-judicial land use hearings conducted before a local
governing body, planning commission, hearings body or hearings
officer on application for a land use decision and shall be
incorporated into the comprehensive plan and land use
regulations:
(1) An issue which may be the basis for an appeal to the Land
Use Board of Appeals shall be raised not later than the close of
the record at or following the final evidentiary hearing on the
proposal before the local government. Such issues shall be raised
and accompanied by statements or evidence sufficient to afford
the governing body, planning commission, hearings body or
hearings officer, and the parties an adequate opportunity to
respond to each issue.
(2)(a) Notice of the hearings governed by this section shall be
provided to the applicant and to owners of record of property on
the most recent property tax assessment roll where such property
is located:
(A) Within 100 feet of the property which is the subject of the
notice where the subject property is wholly or in part within an
urban growth boundary;
(B) Within 250 feet of the property which is the subject of the
notice where the subject property is outside an urban growth
boundary and not within a farm or forest zone; or
(C) Within 500 feet of the property which is the subject of the
notice where the subject property is within a farm or forest
zone.
(b) Notice shall also be provided to any neighborhood or
community organization recognized by the governing body and whose
boundaries include the site. { +
(c) At the discretion of the applicant, the local government
also shall provide notice to the Department of Land Conservation
and Development. + }
(3) The notice provided by the jurisdiction shall:
(a) Explain the nature of the application and the proposed use
or uses which could be authorized;
(b) List the applicable criteria from the ordinance and the
plan that apply to the application at issue;
(c) Set forth the street address or other easily understood
geographical reference to the subject property;
(d) State the date, time and location of the hearing;
(e) State that failure of an issue to be raised in a hearing,
in person or by letter, or failure to provide statements or
evidence sufficient to afford the decision maker an opportunity
to respond to the issue precludes appeal to the board based on
that issue;
(f) Be mailed at least:
(A) Twenty days before the evidentiary hearing; or
(B) If two or more evidentiary hearings are allowed, 10 days
before the first evidentiary hearing;
(g) Include the name of a local government representative to
contact and the telephone number where additional information may
be obtained;
(h) State that a copy of the application, all documents and
evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost and
will be provided at reasonable cost;
(i) State that a copy of the staff report will be available for
inspection at no cost at least seven days prior to the hearing
and will be provided at reasonable cost; and
(j) Include a general explanation of the requirements for
submission of testimony and the procedure for conduct of
hearings.
(4)(a) All documents or evidence relied upon by the applicant
shall be submitted to the local government and be made available
to the public.
(b) Any staff report used at the hearing shall be available at
least seven days prior to the hearing. If additional documents or
evidence are provided by any party, the local government may
allow a continuance or leave the record open to allow the parties
a reasonable opportunity to respond. Any continuance or extension
of the record requested by an applicant shall result in a
corresponding extension of the time limitations of ORS 215.428 or
227.178.
(5) At the commencement of a hearing under a comprehensive plan
or land use regulation, a statement shall be made to those in
attendance that:
(a) Lists the applicable substantive criteria;
(b) States that testimony and evidence must be directed toward
the criteria described in paragraph (a) of this subsection or
other criteria in the plan or land use regulation which the
person believes to apply to the decision; and
(c) States that failure to raise an issue accompanied by
statements or evidence sufficient to afford the decision maker
and the parties an opportunity to respond to the issue precludes
appeal to the board based on that issue.
(6)(a) Prior to the conclusion of the initial evidentiary
hearing, any participant may request an opportunity to present
additional evidence or testimony regarding the application. The
local hearings authority shall grant such request by continuing
the public hearing pursuant to paragraph (b) of this subsection
or leaving the record open for additional written evidence or
testimony pursuant to paragraph (c) of this subsection.
(b) If the hearings authority grants a continuance, the hearing
shall be continued to a date, time and place certain at least
seven days from the date of the initial evidentiary hearing. An
opportunity shall be provided at the continued hearing for
persons to present and rebut new evidence and testimony. If new
written evidence is submitted at the continued hearing, any
person may request, prior to the conclusion of the continued
hearing, that the record be left open for at least seven days to
submit additional written evidence or testimony for the purpose
of responding to the new written evidence.
(c) If the hearings authority leaves the record open for
additional written evidence or testimony, the record shall be
left open for at least seven days. Any participant may file a
written request with the local government for an opportunity to
respond to new evidence submitted during the period the record
was left open. If such a request is filed, the hearings
authority shall reopen the record pursuant to subsection (7) of
this section.
(d) A continuance or extension granted pursuant to this section
shall be subject to the limitations of ORS 215.428 or 227.178,
unless the continuance or extension is requested or agreed to by
the applicant.
(e) Unless waived by the applicant, the local government shall
allow the applicant at least seven days after the record is
closed to all other parties to submit final written arguments in
support of the application. The applicant's final submittal shall
be considered part of the record, but shall not include any new
evidence.
(7) When a local governing body, planning commission, hearings
body or hearings officer reopens a record to admit new evidence
or testimony, any person may raise new issues which relate to the
new evidence, testimony or criteria for decision-making which
apply to the matter at issue.
(8) The failure of the property owner to receive notice as
provided in this section shall not invalidate such proceedings if
the local government can demonstrate by affidavit that such
notice was given. The notice provisions of this section shall not
restrict the giving of notice by other means, including posting,
newspaper publication, radio and television.
(9) For purposes of this section:
(a) 'Argument' means assertions and analysis regarding the
satisfaction or violation of legal standards or policy believed
relevant by the proponent to a decision. 'Argument' does not
include facts.
(b) 'Evidence' means facts, documents, data or other
information offered to demonstrate compliance or noncompliance
with the standards believed by the proponent to be relevant to
the decision.
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