Or. Admin. Code § 660-012-0310 - Climate-Friendly Areas
(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.
Notes
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.615, ORS 197.646 & ORS 197.712
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