OAR 660-038-0020
Applicability
(1)
This division takes effect January 1, 2016. Rules in this division provide optional simplified methods for a city outside Metro to evaluate or amend its UGB. These methods are available to cities in addition to and not in lieu of the methods provided in OAR chapter 660, division 24. If a city uses this division to evaluate or amend a UGB, the requirements of division 24 do not apply to the UGB evaluation or amendment.(2)
A city that evaluates or amends its UGB using this division must demonstrate that:(a)
It has sufficient buildable lands and other development capacity, including land and capacity for needed housing and employment opportunities, within its UGB to meet the growth in population and employment that is forecast to occur over a 14-year period,(b)
It based its determination of the amount of buildable lands needed for housing, employment and other urban uses on the population and employment growth forecast to occur over a 14-year period, consistent with rules in this division, and(c)
Lands included within the UGB include sufficient serviceable land for at least a seven-year period and can all be serviceable over a 14-year period as provided in OAR 660-038-0200 (Serviceability).(3)
A city using this division is not required to adopt findings to support the use of a number or a number within a range that is expressed by a rule in this division.(4)
A city that uses this division to add land to the UGB may not use a method in this division again to add land to the UGB until:(a)
The population of the city has grown by at least 50 percent of the amount of growth forecast to occur in conjunction with the previous use of the method by the city; or(b)
At least one-half of the lands identified as buildable lands for employment needs or for residential needs during the previous use of the method by the city have been developed.(5)
A city that adopts a UGB amendment using this division must evaluate whether the city needs to include additional land for residential or employment uses within the UGB before the population of the city has grown by 100 percent of the population growth forecast to occur in conjunction with the city’s previous use of this division.(6)
A city that adopts a UGB amendment using this division may subsequently add land to the UGB using division 24 instead of the method described in this division. However, a city’s determination of land need resulting from the previous use of this method shall not be considered by itself sufficient to support a housing or employment need determination under OAR chapter 660, division 24.(7)
A city may not use this division in order to evaluate or amend a UGB for purposes of OAR 660-024-0045 (Regional Large Lot Industrial Land) concerning Regional Large Lot Industrial Land.(8)
A city that elects to use this division shall notify the Department of Land Conservation and Development in the manner required by ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development), 197.615 (Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development) and OAR chapter 660, division 18, regarding a proposed change to an acknowledged comprehensive plan or a land use regulation. The city may revoke its election under this section at any time until the city makes a final decision to amend the UGB.(9)
A city that initiated an amendment of its UGB under OAR chapter 660, division 24, but has not submitted that amendment to the Department of Land Conservation and Development, may withdraw the proposed amendment and use a method described in this division by filing notice of the election with the Department of Land Conservation and Development in the manner required by ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development), 197.615 (Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development), and OAR chapter 660, division 18 for notice of a post-acknowledgment plan amendment.(10)
Notwithstanding ORS 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves), when a city evaluates or amends the UGB pursuant to this division, the Land Use Board of Appeals rather than the commission has jurisdiction for review of the final decision of the city.(11)
A city that amends a UGB under this division is not required to also satisfy the requirements of ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary) applicable to a UGB amendment for cities subject to that statute.(12)
A city that amends a UGB under this division is not required to also satisfy the requirements of Goals 9 and 10 with respect to the determinations of land need and land supply, the housing needs projection requirements of OAR chapter 660, division 8, or the economic opportunities analysis requirements of OAR chapter 660, division 9.(13)
All statewide planning goals and related administrative rules are applicable when establishing or amending a UGB, except as follows:(a)
The exceptions process in Goal 2 and OAR chapter 660, division 4, is not applicable to a UGB amendment unless a local government chooses to take an exception to a particular goal requirement, for example, as provided in OAR 660-004-0010 (Application of the Goal 2 Exception Process to Certain Goals)(1), provided however that a local government may not take an exception to the UGB requirements of Goal 14;(b)
Goals 3 and 4 are not applicable;(c)
Goal 5 and related rules under OAR chapter 660, division 23, apply only to lands added to the UGB, except as required under OAR 660-023-0070 (Buildable Lands Affected by Goal 5 Measures) and 660-023-0250 (Applicability);(d)
The transportation planning rule requirements under OAR 660-012-0060 (Plan and Land Use Regulation Amendments) need not be applied at the time of a UGB amendment if the land added to the UGB is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the UGB or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the UGB;(e)
Goal 15 is not applicable to land added to the UGB unless the land is within the Willamette River Greenway Boundary;(f)
Goals 16 through 18 are not applicable to land added to the UGB unless the land is subject to acknowledged comprehensive plan or land use regulations that implement these goals;(g)
Goal 19 is not applicable to a UGB amendment.(14)
A city considering a UGB evaluation or amendment must apply its acknowledged citizen involvement program to ensure adequate notice and participation opportunities for the public and must assist the public in understanding the major local government decisions that are likely to determine the form of the city’s growth.(15)
A city that is scheduled to commence periodic review as required by OAR 660-025-0030 (Periodic Review Schedule) is not required to commence periodic review if the city has amended its UGB pursuant to this division, or if the city has evaluated its UGB need and land supply using this division and determined that the UGB contains sufficient buildable land for a 14-year period, including a supply that is serviceable for a seven-year period and a supply that can be serviceable for a 14-year period as provided in OAR 660-038-0200 (Serviceability). A city that is not required to commence periodic review pursuant to this section is subject to the requirements of OAR 660-038-0210 (Plan Changes Following a Simplified Urban Growth Boundary Evaluation).(16)
When a city is required to undertake an analysis or make a determination concerning lots or parcels under the rules in the division, the city may conduct such analyses using tax lot data shown on the most recent tax assessment rolls in the county in which the land is located.(17)
Beginning on or before January 1, 2023, the commission shall:(a)
Evaluate, every five years, the impact of this division on the population per square mile, livability in the area, the provision and cost of urban facilities and services, the rate of conversion of agriculture and forest lands and other considerations;(b)
Consider changes to the statewide land use planning goals or rules to address adverse outcomes; and(c)
Make recommendations to the Legislative Assembly, as necessary, for statutory changes.
Source:
Rule 660-038-0020 — Applicability, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-038-0020.