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Agenda Item - 2021-10-25 - Number 07.1 - Staff Memo 10/14/21 PCWS 10/25/21 w-Attach p 0tr MEMORANDUM i: n o o TO: Planning Commission/Commission for Citizen Involvement FROM: Scot Siegel, FAICP LEED-AP Community Development Director SUBJECT: Planning Commission and Commission for Citizen Involvement Goals 2022— Work Session #1 DATE: October 14, 2021 MEETING DATE: October 25, 2021 ACTION Provide direction on a preliminary list of goals for 2021 goalsetting. EXECUTIVE SUMMARY This memo provides the status of the Planning Commission/Commission for Citizen Involvement (Commission) 2021 Goals and requests input on potential goals for 2022 -- see page 7. The memo also addresses the Commission's and staff's capacity for new work. The Commission should solicit public input on 2022 goals and provide direction on proposed goals for consideration at a second work session on December 13, 2021. STATUS OF 2021 GOALS The Commission adopted the following goals for 2021 recognizing that some of this work would extend beyond 2021 as part of a multiyear work plan. The status of each goal is provided: A. Mandated or City Council-directed projects: 1. House Bills 2001 and 2003 Implementation Goal: Continue to assist in the application of guidelines and requirements that result from State implementation of House Bills 2001 and 2003 to our community in a manner that best maintains individual neighborhood identity and quality of life. See also, PP 19-0008. Status: In progress. The Middle Housing Code Advisory Committee held its final (sixth) meeting on October 13, 2021. Staff is preparing the final Committee report for review by the Planning Commission and City Council at a joint study session November 16. A community forum will follow, and the Commission is tentatively 503.675.3984 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 of 7 scheduled to begin reviewing draft code amendments in January. 2. Boones Ferry Road Construction Staging Site—Comprehensive Plan and Community Development Code Amendments for Housing Goal: Conduct a public hearing and make a recommendation to City Council on the Comprehensive Plan and Community Development Code amendments. Status: Complete. The Planning Commission conducted a public hearing in June and July, and recommended approval of the amendments in August of this year. The City Council conducted a public hearing in September and unanimously approved the proposal as recommended by the Planning Commission on October 5. See, LU 21- 0019. 3. Flood Hazard Areas— FEMA Model Code implementation Goal: Review an update to the Flood Hazard Overlay and recommend code amendments to City Council as required by FEMA. Status: Complete. The Planning Commission conducted a public hearing and recommended approval of the proposed code amendments, respectively, on September 27 and October 11. The proposal is now before the City Council, which is scheduled to conduct a public hearing on January 4, 2022. See LU 20-0005. 4. Annual Community Development Code Amendments Goal:Support the City's continuous process improvement efforts in reviewing the Annual Community Development Code (CDC)Amendments and recommending code changes to City Council consistent with the Comprehensive Plan. Status: In progress. The Planning Commission held a work session on the Annual CDC Amendments on October 11. A second work session to review draft code amendments is scheduled for November 8. The public hearing will likely follow in January 2022. See LU 21-0057. B. Discretionary projects subject to Planning Commission and City Council direction: 1. Citizen Involvement Guidelines Updates Goal: Review input from the Diversity, Equity and Inclusion Task Force and provide direction to staff for finalizing the draft updates to the Citizen Involvement Guidelines for land use planning. As part of this update, review proposed changes to the Commission for Citizen Involvement and the Citizen Involvement Guidelines submitted by the neighborhood associations. See also, PP 19-0006. Status:This item is pending input from the newly chartered DEI Advisory Board. The Board's work has been on hold while the City hired a DEI Manager. Guillian del Rio has been appointed DEI Manager. Page 3 of 7 2. Sustainability and Climate Action Plan Implementation Goal: Review industry best practices and recommend policy or code changes supporting the addition of electric vehicle charging stations to more locations in the city. (This is a collaborative effort with a work group comprised of Sustainability Advisory Board, Planning Commission, and Transportation Advisory Board members.) Status: This initiative is not currently active, as Sustainability Advisory Board's (SAB's) work has been on hold while the City recruited sustainability coordinator Jenny Slepian's replacement. Now that the new coordinator Amanda Watson is onboard, work may resume in 2022 subject to Ms. Watson's workload and Council's priorities for SAB. Background: Current state building codes include EV Ready Parking Standards that apply to the construction of new parking facilities with 50 or more spaces and require 5% of the spaces to have a conduit installed that can be wired for Level 2 or larger EV charging stations. These EV Ready standards are only mandatory in Portland, Eugene, Salem, and Gresham; other cities can opt in by adopting them. State legislation passed this year, HB 2180 , applies to all jurisdictions statewide and to more building categories. It directs amendments to the state building code to require at least 20% of parking spaces in any new commercial, multifamily residential, and mixed-use buildings to be EV-ready (i.e. conduits installed to support at least Level 2 charging stations, and sufficient electrical service capacity for those charging stations). It does not apply to single family residential buildings, townhouses, or any other residential or mixed-use buildings that have fewer than 5 residential units (e.g., middle housing). Another aspect to note is that the 20% requirement is a floor; the legislation allows local governments who would like to go beyond to adopt their own land use codes requiring more than 20% of parking spaces in applicable buildings to be EV ready. The new state code will come into effect on July 1, 2022. These requirements may increase further under Governor Brown's Executive Order 20-04. On March 10, 2020, Governor Brown issued EO 20-04, directing state agencies to take actions to reduce and regulate greenhouse gas emissions; agencies including the Building Codes Division, Department of Energy, Department of Transportation, and the Department of Land Conservation and Development (DLCD) are presently engaged in rulemaking. Therefore, before proceeding with this goal, staff recommends a briefing from city staff on what the current (and potential new) state requirements mean. 3. Lake Grove Village Center and West Lake Grove Design Standards Updates Goal: Recommend code changes for clarity, consistency, and sustainability in required building materials, building design/style, and streetscape elements (lighting, planters, trees, benches, etc.) in the West Lake Grove Design District and Lake Grove Village Center. (The Lake Grove Business Association is developing an outline of the code Page 4 of 7 changes that they would like the City to consider and are coordinating their request with the adjacent neighborhood associations.) Status: In progress. In early 2021, the Lake Grove Business Association appointed a subcommittee with business members and representatives from the neighborhood associations to develop code concepts. The Committee has met several times and is finalizing their recommendations. A presentation is anticipated later this year or in early 2022. 4. Regulation of Small Cell Facilities on Real Property Goal: Review and recommend updates to the CDC for consistency with applicable federal requirements relating to small cell technology' (enabling 5G). Status: Pending. The work is still on hold pending litigation brought by states against the Federal Communications Commission. The City did not receive any requests in 2021 for small cell facilities in areas where the Community Development Code (CDC) would apply. 5. Luscher Farm Comprehensive Plan Amendments Goal:Support annexation of the Luscher Area properties to Lake Oswego with updates to the Comprehensive Plan and Urban Growth Management Agreement with Clackamas County(contingent upon Metro UGB amendment). Status: Inactive. This item should be removed from the Planning Commission goals, as the City withdrew its application for the proposed UGB amendment earlier this year, and is instead working with Clackamas County to incorporate a version of the Luscher Area Master Plan into the County's Parks Master Plan, which would have the effect of legalizing land uses at Luscher Farm that are part of an approved master plan. 6. Kruse Way Traffic Management Code Revisions Goal: Review and update the CDC for consistency with the Transportation System Plan and existing code requirements for transportation impact studies. See LU 19-0039. Status: Inactive. This project was inactive in 2021 due to staff workload and the absence of inquiries for new development in the subject area. Planning Commission Operations Goals deferred during COVID • Hold a 2021 Retreat 1 Small Cells are low-powered cellular radio access nodes that are lower to the ground and have a shorter range than the taller cellular antennas(poles or towers).Small cell antennas are typically mounted on utility or light poles,or on buildings or other structures. Until the City adopts small cell standards, it will apply its existing code as modified by applicable federal requirements. For background,see Council Report on Ordinance 2820 from June 18, 2019. Page 5 of 7 • Resume Planning Commission tours of neighborhoods • Offer training opportunities on current issues (e.g., small cell technology) The Commission did not resume the above activities/goals due to workload and limitations on in-person meetings due to COVID. OTHER WORK IN 2021 In addition to the above projects/initiatives, in 2021 the Planning Commission completed or is scheduled to begin the following work: • Short-Term Rental Ordinance (Non-Land Use)—Conducted a public hearing and made a recommendation to City Council on extending the ordinance sunset date. City Council chose to remove the sunset date making the ordinance permanent. • Rassekh Property USB Amendments (LU 21-0039) —The Commission is scheduled to hold a public hearing on November 8 to amend the City's urban services boundary to include the subject property where the City has planned a new park. FUTURE WORKLOAD CONSIDERATIONS Commission goals have workload implications for staff, commissioners, and community volunteers. When setting goals, the Commission should consider existing workload along with the City Council's goals, including Council initiatives that may be assigned to the Commission and staff in the future, while ensuring sufficient time and opportunity for public participation. The Commission should also take into consideration any standing work program tasks such as the Annual Community Development Code Amendments. A key workload indicator is the number of meetings (work sessions and hearings) required to review planning projects. The Commission typically has capacity for 22-24 regular meetings in a calendar year (2 per month, excepting August and December), averaging one or two business items (work sessions or hearings) per meeting. Another workload indicator, albeit an optional function of the Commission, are the number of special meetings, including neighborhood meetings and tours, which have been suspended since March 2020 due to COVID. This year, the Commission has held 20 regular meetings through October 25, and has three more meetings scheduled this year. Planning Department Capacity A key staff workload indicator is the staff labor required to prepare and process the proposals that come before the Commission. New policy initiatives can require as little as 80 hours of combined Planning staff time for relatively minor policy/code amendments, such as the proposal to remove or extend the sunset period for the Short-Term Rentals ordinance, to a sustained commitment of 500 hours or more annually over multiple years) for major initiatives such as the City's current efforts to comply with House Bill 2001. These figures do not include staff time from other City departments. Page 6 of 7 During 2020, staff from the Planning Department's Long-Range Planning Division (1.5 planners and administrative staff) managed "long-range" planning projects. In prior years, Development Review Division staff contributed to long-range planning projects. However, in 2020, the Development Review Division did not have capacity to support long-range planning. The Planning Commission was also supported by the Planning and Building Services Director (Staff Liaison) and the Deputy City Attorney. All of these staff have other responsibilities with the City. The above-mentioned Planning staff are also responsible for long-range planning projects and programs that do not come before the Planning Commission. These include annexations, the historic preservation program, neighborhood enhancement grants, neighborhood association support, natural resource planning, capital improvement program support, and maintenance of non-land use codes such as the Tree Code, Sign Code, and Building Code (including Demolitions), among others. Staff availability for long-range planning is subject to fluctuations in development activity because the City is required to comply with state-mandated deadlines for processing development applications. As such, these projects may take priority over other work. Development volume has remained high even through the pandemic. Currently, the City is experiencing a 25% increase in land use applications and preapplication requests, and at 35% increase in building permits, over this time last year. Organizational Updates In response to the increased workload, the Planning Department recently hired another development review planner. This has allowed senior planner Erik Olson, whose time was split between development review and long-range planning, to be fully dedicated to long-range work in 2022.The City Manager has also recently approved a restructuring of the Planning and Building functions to emphasize the City's ongoing work in Housing and Economic Development. As the City Council's priorities for these two key program areas come into clearer focus, there may be other organizational adjustments for the new "Community Development Department", and new Council initiatives that become part of the Planning Commission work program. POTENTIAL GOALS The following work is required by state law: 1. House Bill 2001 Middle Housing Code Implementation (due June 2022) 2. House Bill 2003 o Housing Needs Analysis (due 2023) o Housing Production Strategy (due June 2024) 3. Climate-Friendly Equitable Communities Rules (Governor's Executive Order 20-04) o DLCD and Oregon Department of Transportation (ODOT) are currently promulgating rules that may require changes to the City's Transportation Systems Plan and Community Development Code. Page 7 of 7 o New rules intended to reduce greenhouse gas emissions and promote, "better health outcomes, cleaner air and more choices for Oregonians on how to get to places they want to go." See Attachment 1. 4. Annual CDC Amendments—address any other changes in state law, and code maintenance updates The following projects were proposed by members of the public in 2021: 1. Lake Grove Village Center and West Lake Grove Design Standards Update (ongoing) See discussion with 2021 goals, above. 2. Palisades Neighborhood Association Overlay Zone The Palisades Neighborhood Association is currently exploring a potential overlay zone to address infill housing design. They met with the Planning Commission during the summer of 2021 and requested planning assistance. 3. Update Flood Hazard Overlay Map for Oswego Lake Canal This was requested by a property owner during the Commission's review of the Flood Hazard Management Overlay code amendments (LU 20-0005). The map was not updated when the Oswego Lake base flood elevation was revised following replacement of the dam spillway in 2012. On October 14, the City distributed notices requesting public input on the Commission's 2022 goals. The email request was sent to all of the City's Neighborhood Associations, the Lake Oswego Chamber of Commerce, Lake Grove Business Association, and subscribers to all relevant City listserves.The Commission will accept public comment at its meeting October 25. RECOMMENDATION Accept citizen comment and provide direction to staff for preparing the Commission's proposed 2022 goals for review and approval on December 13, 2021. ATTACHMENTS 1. State of Oregon Climate-Friendly Equitable Communities rulemaking summary r,Qrr1 Climate-Friendly and .r► E uitable Communities - � ' q DLCD Rulemaking - l,� ° Oregon is not meeting its goals to reduce climate pollution.While , I l l' ' , '' some sectors have made significant progress,transportation- c a i _ g related climate pollution has increased. If current trends continue, � , 7=a ,, ,, -, - - , , t_ Oregon will come nowhere near to meeting our 2050 goal. - '-� ,- .• (('•*I a " J' 4J Transportation accounts for roughly 38%of Oregon's climate ,, i{ 4' 'f pollution.On March 10,2020,Governor Kate Brown issued -, °' GS f �� Executive Order 20-04.directing state agencies to reduce climate '"" - pollution. In response,the Oregon Land Conservation and Development Commission (LCDC)directed the Department of Land Conservation and Development(DLCD)to draft updates to Oregon's transportation and housing planning rules,and to convene a rulemaking advisory committee to help guide rule development. There are many benefits to reducing greenhouse gas pollution, including better health outcomes,cleaner air and more choices for Oregonians on how to get to places they want to go. The rulemaking will significantly strengthen Oregon's rules about transportation and housing planning, particularly in the eight areas with populations over 50,000 people(Albany, Bend,Corvallis, Eugene/Springfield, Grants Pass, Medford/Ashland, Portland Metro,Salem/Keizer).Some rule changes to reduce greenhouse gas pollution and increase transportation choice may apply to communities outside those areas. Oregon is committed to increasing equity.Our state has a long history of discrimination and racism, including in our land use and transportation planning decisions. Rulemaking will focus on reducing pollution while also increasing housing choices and creating more equitable outcomes for all Oregonians. Reducing driving is one of the most important ways to reduce pollution. Communities can reduce the number and length of driving trips by bringing land uses closer together, increasing the walkability of the built environment, and mixing land uses.When done well,this gives Oregonians more choices to take public transit, bike,or walk to get around. Oregon's planning system is a partnership between state and local governments.State law and rules direct how local governments develop comprehensive plans, including land use and transportation elements. In order to meet Oregon's climate pollution reduction goals,state rules and local land use and transportation plans will have to change significantly.We know: • Most new development will need to be in neighborhoods where shopping,employment, parks and housing are in closer proximity.These include city and town centers, neighborhoods close to centers and services,and along corridors with good transit service. • Public investments in transportation need to be shifted toward increasing transportation options-making walking, cycling,and transit safer and more convenient. • Plans for our transportation systems, at every stage, need to be focused less on ensuring motor vehicle mobility,and more on providing people with access to services and destinations. • Our policies and how we enact them need to ensure the needs of all Fr : ". ` -� Oregonians, including historically marginalized populations,are met in an s .,,, A • 'i w equitable and inclusive way. ;` - .2 �,• .41. The rules will help guide communities toward these outcomes. �. _pe .' i Questions? • Kevin Young, kevin.voung@state.or.us _A: Bill Holmstrom, bill.holmstrom@state.or.us ' - a ve. , , www.oregon.gov/Icd/LAR/Pages/CFEC.aspx '`�> ' ATTACHMENT 1/PAGE 1 OF 3 .__4 Draft Rulemaking Adoption and Rulemaking Advisory Committee Implementation Schedule Aimee Okotie-Oyekan, NAACP Eugene/Springfield Unit#1119 September 2020—Rulemaking initiated Alex Georgevitch,City of Medford Public Works Alma Flores, REACH CDC November 2020-September 2021— Ariel Nelson, League of Oregon Cities Rulemaking Advisory Committee Bandana Shrestha,AARP Oregon meetings Bill Graupp, Oregon School Board Spring 2021—Community conversations held in Bradley Clark,City of Grants Pass each of the eight metropolitan areas Candice Jimenez, Northwest Portland Area Indian Health Board (virtually) Cassie Lacy, City of Bend Fall 2021—Draft rules to LCDC Ellen Miller, Oregon Home Builders Association Emma Newman, City of Springfield Winter 2021—Rules adopted by LCDC Francisco Ibarra, Portland State University 2022—All communities in the eight metropolitan Jairaj Singh, Unite Oregon areas adopt plan changes in accordance Jana Jarvis, Oregon Trucking Association with rules Julie Warncke,City of Salem 2024—Eugene/Springfield/Coburg and Kaitlin La Bonte Oregon Chapter of the American Planning Association Salem/Keizer/Turner MPOs adopt local Kari Schlosshauer, National Safe Routes to School Partnership plans to meet pollution reduction goals Ken Anderton, Single Parent Community Member 2025 and beyond—all metropolitan area Kyle Macadam,Oregon Realtors communities adopt scenario plans to LaQuida Landford, Homelessness Research&Action Collaborative, reduce greenhouse gas pollution PSU Lee Helfend, OPAL Environmental Justice Oregon i LeeAnn O'Neill,Allyship in Action and Bend Bikes ^'" Mallorie Roberts,Association of Oregon Counties • , ts.e4 Margi Bradway, Metro .x,� Mari Valencia Aguilar,Washington County - + ' • "p., Mary Kyle McCurdy, 1000 Friends of Oregon ..et .�. 4 I , Michael Szporluk, Disability Consultant Nancy Evenson,Corvallis Sustainability Coalition r rr. �}�ot; > Noel Johnson, Oregon Smart Growth - Oriana Magnera,Verde -' ' Paige West, Rogue Valley Transportation District - - Paul Bilotta, City of Corvallis `$ Rebecca Descombes, Native American Youth and Family Center -- -• Rob Inerfeld, City of Eugene ti Ron Irish, City of Albany Sarah Adams-Schoen, University of Oregon Shane Witham,City of Keizer Simeon Jacob,Asian Pacific American Network of Oregon Vivek Shandas, Portland State University Zack Geary, City of McMinnville ATTACHMENT 1/PAGE 2 OF 3 OREGON ...alai Department of Land Conservation & Development Climate Friendly and Equitable Communities Rulemaking Update Updated October 6, 2021 Governor Kate Brown issued Executive Order 20-04 on March 10, 2020. This Executive Order directs state agencies to prioritize and expedite rulemaking processes and procedures to accelerate reductions in climate pollution. In response, the Land Conservation and Development Commission (commission) and Department of Land Conservation (DLCD)staff are updating Oregon's Transportation Planning Rules and related administrative rules. Commission and staff began scoping the rulemaking in November 2019 and formally initiated rulemaking at the September 2020 commission meeting. To reach desired outcomes for greenhouse gas reduction and equity, this rulemaking is focused on significantly strengthening Oregon's administrative rules about transportation and housing planning. To help meet the state's greenhouse gas reduction targets in Oregon Administrative Rules Chapter 660, Division 44, these rules are focused on Oregon's eight urban areas: Albany, Bend, Corvallis, Eugene/Springfield, Grants Pass, Medford/Ashland, Portland Metro, and Salem/Keizer. The Rulemakinq. Advisory Committee includes representation from each of the metropolitan areas with a focus on inclusion of from traditionally underrepresented communities and people experienced in equity issues. The Rulemaking Advisory Committee first in November 2020. At its September meeting, Oregon's Land Conservation and Development Commission shifted the first hearing for the adoption of these new rules to March 2022. Commission expects to adopt the final rules in May 2022. DLCD staff are working with staff from Metro and the 24 cities and three counties in the region to shape rules that fit the Portland metropolitan area. DLCD staff expects the rules, as revised, will recognize Metro regional government's unique authority for regional land use and transportation planning in the Portland metropolitan area. Staff and commission respect the detailed work Metro, cities, and counties have done to help ensure the region is on track to reach its greenhouse gas reduction targets associated with implementation of the 2040 Growth Concept, the Climate Smart Strategy, the Regional Transportation Plan and the Urban Growth Management and Regional Transportation Functional Plans. Key dates, including links to previous Rulemaking Advisory Committee (RAC) packets follow. Please note that previously published rules will be updated and published in the packet for RAC 9, including applicability of the rules in the Portland metropolitan area. - August 18: RAC 7 1st set of amendments to the Transportation Planning Rules including the first draft of rules for climate friendly areas, electric vehicle charging, and parking reform - September 15: RAC 8 2nd set of amendments to the Transportation Planning Rules including draft transportation planning rules for the pedestrian, bicycle, and public transportation systems - October 5: DLCD discussion with Metro area planning and transportation directors and staff - October 28: Portland Metro Community Conversation, 11 am— 12:30 pm - registration requested - November 5: RAC 9. 3rd of three sets of TPR rules including remaining transportation planning rules including land use regulation changes, streets and highway systems and monitoring and reporting; update on applicability of rules to the Portland Metropolitan area - November 18: LCDC Briefing, Public Comment - December 15: Portland area TPAC/MTAC workshop as part of series of November/ December meetings in all eight regions with planning and transportation directors - December/January Date TBD: RAC 10 - February 3 (anticipated): LCDC Briefing, Public Comment - March 31 (anticipated): LCDC First Public Hearing on full set of revised rules - May 19 (anticipated): LCDC Final Public Hearing and Adoption www.oregon.gov/Icd/LAR/Pages/CFEC.aspx ATTACHMENT 1/PAGE 3 OF 3