Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule, OAR
660-012-0315, and OAR 660-012-0320 apply to cities and counties that:
(a) Are within a metropolitan area other than
the Portland Metropolitan Area;
(b)
Are inside incorporated cities or areas within an urban growth boundary as
provided in section (3); and
(c)
Have a population of more than 5,000 within an urban growth boundary.
(2) Cities and counties shall
study and zone climate-friendly areas for locations that meet the following
requirements.
(a) Locations able to support
development consistent with the land use requirements of OAR
660-012-0320.
(b) The locations
shall be in existing or planned urban centers, including downtowns,
neighborhood centers, transit-served corridors, or similar districts. To the
extent practicable, climate-friendly areas should be located within, or in
close proximity to, areas planned for, or provided with, high-density
residential uses and a high concentration of employment
opportunities.
(c) The locations
shall be in areas that are served, or planned for service, by high quality
pedestrian, bicycle, and transit services.
(d) The locations shall not be in areas where
development is limited or disallowed by provisions adopted pursuant to
Statewide Planning Goal 7. Climate-friendly areas may be designated in such
areas if the local government has adopted requirements for development that
will mitigate potential hazards to life and property, in compliance with
Statewide Planning Goal 7.
(e)
Cities may designate climate-friendly areas within the urban growth boundary,
but outside the city limits boundary, if the following requirements are met:
(A) The area is contiguous with the city
limits boundary;
(B) The provision
of urban services is contingent upon annexation into the city limits and the
area is readily serviceable with urban water, sewer, stormwater, and
transportation. "Readily serviceable" means that urban infrastructure services
are nearby and could be provided to allow construction on the site within one
year of an application for a building permit;
(C) The zoning that will be applied upon
annexation, based on the city's comprehensive plan designation for the area, is
consistent with climate-friendly area requirements;
(D) The county in which the subject area is
located has adopted a consistent comprehensive plan designation for the area;
and
(E) The city can demonstrate
that at least 70 percent of complete annexation applications within the last
five years have been approved within one year of the date of complete
annexation application.
(f) Climate-friendly areas shall have a
minimum width of 750 feet, including any internal rights of way that may be
unzoned. Contiguous climate-friendly areas with distinct land use requirements
may be considered cumulatively to demonstrate compliance with the minimum width
requirement. Exceptions to these minimum dimensional requirements are allowed
due to natural barriers, such as rivers; or due to long-term barriers in the
built environment, such as freeways. Exceptions are also allowed if potential
climate-friendly areas are constrained by adjacent areas planned and zoned to
meet industrial land needs.
(3) Cities and counties shall designate
climate-friendly areas. Counties with planning jurisdiction in unincorporated
areas provided with urban water, sanitary sewer, stormwater, and transportation
services within an identified urban growth boundary shall coordinate with the
respective city or cities to address climate-friendly area requirements for
those areas. Areas under county jurisdiction outside urban growth boundaries;
or within urban growth boundaries but not provided with urban water, sanitary
sewer, stormwater, and transportation services; are not subject to this
rule.
(4) Cities and counties shall
designate climate-friendly areas as they cross the population thresholds in
subsections (a) and (b). City population is as determined by the most recently
certified Portland State University Population Research Center population
estimate. Compliance timelines are based upon the date of the certification of
the population estimate. County population within an urban growth boundary may
be calculated by interpolating Portland State University Population Research
Center's population forecast for the area within an urban growth boundary, then
subtracting the certified city population estimate from the total population
within the urban growth boundary for the current year.
(a) A city or county with a population within
an urban growth boundary exceeding 5,000, but less than 10,001 shall submit a
study of potential climate-friendly areas to the department as provided in OAR
660-012-0315 within 545 days of reaching a population exceeding 5,000. The city
or county shall subsequently adopt land use requirements as provided in OAR
660-012-0315, and climate-friendly elements to their comprehensive plans within
365 days of the deadline for submittal of the study of potential
climate-friendly areas.
(b) A city
or a county with a population exceeding 10,000 within an urban growth boundary
shall submit a study of potential climate-friendly areas to the department as
provided in OAR 660-012-0315 within 545 days of reaching a population exceeding
10,000. The city or county shall subsequently adopt land use requirements as
provided in OAR 660-012-0315, and climate-friendly elements to their
comprehensive plans within 365 days of the deadline for submittal of the study
of potential climate-friendly areas. The city or county shall maintain
sufficient lands within climate-friendly areas as their population grows, as
provided in OAR 660-012-0315. For cities also subject to OAR 660-008-0045,
compliance with this requirement shall be demonstrated in each Housing Capacity
Analysis following the initial designation of climate-friendly areas. Land use
requirements for climate-friendly areas shall be established concurrent or
prior to the adoption of the Housing Capacity Analysis as provided in OAR
660-012-0320. Counties subject to this rule shall coordinate with cities to
address climate-friendly area requirements within an urban growth
boundary.
(5) If a city
or county has not designated sufficient climate-friendly areas as provided in
this rule, the commission may:
(a) Initiate
periodic review for the city of county to address the requirement; or
(b) Issue an enforcement order to the city or
county, consistent with ORS
197.646.
Statutory/Other Authority: ORS
197.040
Statutes/Other Implemented: ORS
197.012, ORS
197.615, ORS
197.646 & ORS
197.712
