Loading...
Agenda Item - 2023-01-23 - Number 7.1.0 - Staff Memo 01-10-23 PCWS-2 (PP 22-0005) 503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY TO: Planning Commission/Commission for Citizen Involvement FROM: Erik Olson, Long Range Planning Manager SUBJECT: House Bill 2003 Work Session #2 (PP 22-0005) DATE: January 10, 2023 MEETING DATE: January 23, 2023 EXECUTIVE SUMMARY & ACTION REQUESTED This memo provides background on the Commission’s upcoming work session scheduled for January 23, 2023, which will include a presentation from project consultants at MIG outlining the requirements of House Bill 2003 (HB 2003) as related to updating the City’s Housing Needs Analysis (HNA) and developing a Housing Production Strategy (HPS). The presentation will also cover a proposed public involvement plan and include an update on the progress of the Housing Production Strategy Task Force (Task Force). The City is required to update its HNA by December 31, 2023, and to complete an HPS by December 31, 2024. The City Council first prioritized this work as part of their 2022 goals and initiatives, which included continuing the multi-year work plan to complete work on key housing initiatives – including HB 2003 compliance. The purpose of the January 23 work session is for the Commission to learn more about what is required for compliance with House Bill 2003 and to provide guidance to staff on the proposed public outreach strategy for preparing the HNA, the first draft of which the Planning Commission will review at their work session on April 10. BACKGROUND House Bill 2003 HB 2003 was adopted during the same legislative session (2019) as House Bill 2001 (HB 2001), in order to help local jurisdictions meet the housing needs of residents throughout the state (see Attachment A). The bill requires Oregon cities with over 10,000 residents to analyze the future housing needs of their community through an HNA and to develop strategies that promote the development of such needed housing through an HPS. Page 2 In November 2020, the Land Conservation and Development Commission (LCDC) adopted implementing rules for HB 2003, which are contained in OAR 660-008-0045 through -0070. These rules established criteria for compliance, including the components that are required to be included within an HPS Report. For more information about these requirements, including an overview of the required components of an HNA and HPS Report, please see the meeting materials from Work Session #1 and Attachment B. On June 21, 2022, the City Council approved staff’s work plan for compliance with HB 2003 including issuing a request for proposals (RFP) to solicit consultant services. Council also committed to appoint an ad-hoc Task Force to provide high-level policy guidance to the Commission and City Council as the City proceeds with HB 2003 compliance. The Commission held their first work session on this subject on June 27, 2022, in order to provide guidance to staff on the proposed work plan prior to issuing the RFP. On October 4, 2022, the City Council adopted Resolution 22-30 creating the HPS Task Force and appointing its members (see Attachment C). The City subsequently contracted with MIG, Inc. (with subconsultant Johnson Economics) to complete the scope of work outlined in Attachment D. PUBLIC INVOLVEMENT PLAN Staff and the above-mentioned consultant team have prepared a Draft Public Involvement Plan that provides a working list of the public involvement activities proposed as part of HNA and HPS scope of work (see Attachment E), including the following methods:  Housing Task Force – see discussion under Housing Production Strategy Task Force, below.  Public Workshops / Open Houses – two (2) online workshops or open houses will be held as part of this effort, one with a focus on items related to the Draft HNA Report and one focused on items related to the HPS Report. Meetings are expected to include online surveys that summarize material and guide participants through a set of questions.  Stakeholder Interviews – Stakeholder interviews with community members and housing partners will be conducted to supplement the expertise and experience of the Housing Task Force.  Project Website - The City will host a website that describes the project invites public input on draft documents as they are available. The website will provide email contact information for the project.  Additional Outreach Materials – This will include developing materials such as “fact sheets” or other short documents that highlight housing issues, challenges, and potential solutions. It may also include presentation materials for community group or stakeholder meetings, or brief online surveys. These engagement efforts will be designed in order to prioritize underrepresented communities within the city, including Black, Indigenous and People of Color; renters; low- income households; immigrant or refugee community members; veterans; people with disabilities; seniors; agricultural workers; and people currently experiencing homelessness or Page 3 who formerly experienced homelessness. The engagement will be coordinated with other events, including housing production reporting required under 2018’s House Bill 4006.1 Housing Production Strategy Task Force As mentioned above, the City Council appointed members to an HPS Task Force via resolution in October of last year (see Attachment C). The HPS Task Force is comprised of individuals from a diverse range of backgrounds, identities, income ranges, and professions, with representation from elected and appointed officials, members of City boards and commissions, housing producers, and housing consumers within Lake Oswego. The goal of the Task Force is to represent a wide range of experiences and ideas related to housing, and to develop recommendations addressing those perspectives. The role of the HPS Task Force will be to provide guidance to staff and the Planning Commission by reviewing draft materials, providing feedback related to their personal or professional experience and opinions, and informing the broader public about this process through their individual networks. The Task Force will also recommend outreach strategies, Comprehensive Plan amendments, or other actions to update the City’s HNA and develop an HPS, consistent with adopted goals and initiatives related to housing. The HPS Task Force is expected to meet a minimum of five times from December 2022 through late 2024 – including a Kickoff Meeting, at least two meetings dedicated to the Draft HNA Report, and at least two meetings dedicated to the Draft HPS Report. The Task Force held their “Kickoff Meeting” virtually on December 16, 2022, during which members received a brief presentation outlining the background of House Bill 2003 and reviewed the proposed work plan. The Task Force also adopted the bylaws in Attachment F and elected Sarah Walker as Chair and John Turchi as Vice Chair at the meeting. The next meeting of the Task Force is tentatively scheduled for March 2023, as shown in Attachment E. The Task Force is expected to complete its work in time to allow the Commission to consider Comprehensive Plan amendments to update the City’s HNA by September 2023, so that the City Council may adopt an HB 2003-compliant HNA no later than December 2023 as required by the State. The Commission will need to begin review of housing production strategy alternatives by February 2024, so that the City Council may develop a strategy within one- year of the adoption of the updated HNA as required by the State. WORK PLAN UPDATE Staff has updated the previously-discussed multi-phased work plan and schedule for this project (see Attachment G). The updated schedule incorporates more detail about specific Commission and City Council meeting dates while still maintaining regular “check-ins” with the Commission and City Council prior to the consideration of a draft HNA at public hearings, as well as “check-ins” in early 2024 prior to the consideration of a draft HPS Report. The consultant and City staff began work late last year on a projection of housing need, an inventory of buildable residential lands, an analysis of residential land needs, and other 1 Housing Production Reporting https://www.oregon.gov/lcd/UP/Pages/Reporting.aspx Page 4 components required to be included the updated HNA document. The Commission will review initial drafts of this work when it meets to discuss the project next on April 10, 2023. ATTACHMENTS (LINKS) A. Enrolled House Bill 2003, 06/30/2019 B. HPS Task Force Overview Memo, 12/07/2022 C. Adopted Resolution 22-30, 10/04/2022 D. Project Scope of Work, 10/17/2022 E. Draft Public Involvement Plan, 01/10/2023 F. Adopted HPS Task Force Charter & Bylaws, 12/16/2022 G. Draft Project Schedule, 12/07/2022 To view these documents and other documents in the public records file, visit the Planning Project webpage: https://www.ci.oswego.or.us/planning/pp-22-0005-housing-needs-and-production-strategies 80th OREGON LEGISLATIVE ASSEMBLY--2019 Regular Session Enrolled House Bill 2003 Sponsored by Representative KOTEK; Representatives FAHEY, KENY-GUYER, WILDE CHAPTER ................................................. AN ACT Relating to buildings; creating new provisions; amending ORS 197.296, 197.299, 197.303, 197.319, 197.320, 215.416, 215.441, 227.175, 227.500 and 455.062 and section 1, chapter 47, Oregon Laws 2018, and section 3, chapter 97, Oregon Laws 2019 (Enrolled Senate Bill 39); and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1.(1) As used in this section: (a) “Area median income” means the median income for households established by the United States Department of Housing and Urban Development. (b) “Existing housing stock” means housing, by affordability level and type, actually constructed in a city or Metro. (c) “High income” means above 120 percent of the area median income. (d) “Housing shortage” means the difference between the estimated housing units of different affordability levels and housing types needed to accommodate the existing popu- lation and the existing housing stock, measured in dwelling units. (e) “Low income” means income above 50 percent and at or below 80 percent of the area median income. (f) “Metro” means a metropolitan service district organized under ORS chapter 268. (g) “Moderate income” means income above 80 percent and at or below 120 percent of the area median income. (h) “Region” has the meaning given that term in ORS 284.752. (i) “Very low income” means income at or below 50 percent of the area median income. (2) The Housing and Community Services Department, in coordination with the Depart- ment of Land Conservation and Development and the Oregon Department of Administrative Services, shall develop a methodology for calculating: (a) A regional housing needs analysis that identifies the total number of housing units necessary to accommodate anticipated populations in a region over the next 20 years based on: (A) Trends in density and in the average mix of housing types of urban residential de- velopment; (B) Demographic and population trends; (C) Economic trends and cycles; and (D) Equitable distribution of publicly supported housing within a region. (b) An estimate of existing housing stock of each city and Metro. (c) A housing shortage analysis for each city and Metro. Enrolled House Bill 2003 (HB 2003-C)Page 1 (d) An estimate of the number of housing units necessary to accommodate anticipated population growth over the next 20 years for each city and Metro. (3) The methodologies for calculating the regional housing needs analysis, the estimate of existing housing stock, the housing shortage analysis and the estimate of housing neces- sary to accommodate growth that are developed under subsection (2) of this section must classify housing by: (a) Housing type, including attached and detached single-family housing, multifamily housing and manufactured dwellings or mobile homes; and (b) Affordability, by housing that is affordable to households with: (A) Very low income; (B) Low income; (C) Moderate income; or (D) High income. (4) No later than September 1, 2020, the Housing and Community Services Department, in coordination with the Department of Land Conservation and Development and the Oregon Department of Administrative Services, shall conduct for each region a regional housing needs analysis and, for each city and Metro, shall estimate existing housing stock, conduct a housing shortage analysis and estimate the housing necessary to accommodate growth. (5) In developing the methodologies and conducting the analyses under this section, the Housing and Community Services Department may: (a) Consult or contract with subject matter experts, cities and Metro, regional solutions centers described in ORS 284.754 (2) and other jurisdictions that have created or conducted regional housing needs analyses. (b) Consider the most recent consolidated population forecast produced by the Portland State University Population Research Center in making any relevant calculation or forecast. (c) Consider any other relevant existing analyses, data and other information collected or produced by state agencies or public entities. (d) Make changes to the regional boundaries in order to make regions more accurately align with shared employment, transportation or housing market dynamics. SECTION 2.(1) No later than March 1, 2021, the Housing and Community Services De- partment, in consultation with the Department of Land Conservation and Development and the Oregon Department of Administrative Services, shall submit a report, in the manner provided in ORS 192.245 to an appropriate committee of the Legislative Assembly, that summarizes the findings of the regional housing needs analysis, estimate of housing stock, housing shortage analysis and estimate of housing necessary to accommodate growth con- ducted under section 1 (4) of this 2019 Act. (2) No later than March 1, 2021, the Department of Land Conservation and Development, in consultation with the Oregon Department of Administrative Services and the Housing and Community Services Department, shall submit a report, in the manner provided in ORS 192.245, to an appropriate committee of the Legislative Assembly that evaluates: (a) Whether a regional housing needs analysis and housing shortage analysis described in section 1 of this 2019 Act could appropriately allocate among the cities or local govern- ments in a region the housing shortage described; (b) How a regional housing needs analysis and housing shortage analysis may compare to existing assessments of housing need and capacity conducted by local governments under ORS 197.296 (3) and (10) in terms of: (A) Cost and cost effectiveness; (B) Reliability and accuracy; (C) Repeatability; and (D) Predictability; Enrolled House Bill 2003 (HB 2003-C)Page 2 (c) How a regional housing needs analysis and housing shortage analysis may relate to statewide planning goals related to housing and any rules and policies adopted pursuant to these goals and ORS 197.295 to 197.314; (d) Whether different boundaries would be more appropriate for defining regions within the regional housing needs analysis based on: (A) Relevance of data in appropriately defining a commuting, employment or housing market;or (B) Ease or cost of collecting or analyzing data; (e) Other ways in which the regional housing needs analysis or housing shortage analysis could be improved; and (f) Whether the regional housing needs analysis, or an improved version, could serve as an acceptable methodology statewide for land use planning relating to housing. (3) In preparing the report required under subsection (2) of this section, the Department of Land Conservation and Development may consult or contract with other state agencies, subject matter experts, private firms, local governments, regional solutions centers de- scribed in ORS 284.754 (2) and other jurisdictions that have created or conducted regional housing needs analyses. SECTION 3.Sections 4 to 6 of this 2019 Act are added to and made a part of ORS 197.295 to 197.314. SECTION 4.(1) A city with a population greater than 10,000 shall develop and adopt a housing production strategy under this section no later than one year after: (a) The city’s deadline for completing a housing capacity analysis under ORS 197.296 (2)(a); (b) The city’s deadline for completing a housing capacity analysis under ORS 197.296 (10)(b);or (c) A date scheduled by the Land Conservation and Development Commission following the allocation of housing capacity to the city by a metropolitan service district under ORS 197.299 (2)(d). (2) A housing production strategy must include a list of specific actions, including the adoption of measures and policies, that the city shall undertake to promote development within the city to address a housing need identified under ORS 197.296 (6) for the most recent 20-year period described in ORS 197.296 (2)(b). Actions under this subsection may include: (a) The reduction of financial and regulatory impediments to developing needed housing, including removing or easing approval standards or procedures for needed housing at higher densities or that is affordable; (b) The creation of financial and regulatory incentives for development of needed hous- ing, including creating incentives for needed housing at higher densities or that is affordable; and (c) The development of a plan to access resources available at local, regional, state and national levels to increase the availability and affordability of needed housing. (3) In creating a housing production strategy, a city shall review and consider: (a) Socioeconomic and demographic characteristics of households living in existing needed housing; (b) Market conditions affecting the provision of needed housing; (c) Measures already adopted by the city to promote the development of needed housing; (d) Existing and expected barriers to the development of needed housing; and (e) For each action the city includes in its housing production strategy: (A) The schedule for its adoption; (B) The schedule for its implementation; (C) Its expected magnitude of impact on the development of needed housing; and (D) The time frame over which it is expected to impact needed housing. Enrolled House Bill 2003 (HB 2003-C)Page 3 (4) The housing production strategy must include within its index a copy of the city’s most recently completed survey under section 1 (2), chapter 47, Oregon Laws 2018. (5) The adoption of a housing production strategy is not a land use decision and is not subject to appeal or review except as provided in section 5 of this 2019 Act. SECTION 5.(1) No later than 20 days after a city’s adoption or amendment of a housing production strategy under section 4 of this 2019 Act, a city shall submit the adopted strategy or amended strategy to the Department of Land Conservation and Development. (2) The submission under subsection (1) of this section must include copies of: (a) The signed decision adopting the housing production strategy or amended strategy; (b) The text of the housing production strategy clearly indicating any amendments to the most recent strategy submitted under this section; (c) A brief narrative summary of the housing production strategy; and (d) The information reviewed and considered under section 6 (2) of this 2019 Act. (3) On the same day the city submits notice of the housing production strategy or amended strategy, the city shall provide a notice to persons that participated in the pro- ceedings that led to the adoption of the strategy and requested notice in writing. (4) Within 10 days of receipt of the submission under subsection (1) of this section, the department shall provide notice to persons described under ORS 197.615 (3). (5) The notices given under subsections (3) and (4) of this section must state: (a) How and where materials described in subsection (2) of this section may be freely obtained; (b) That comments on the strategy may be submitted to the department within 45 days after the department has received the submission; and (c) That there is no further right of appeal. (6) Based upon criteria adopted by the Land Conservation and Development Commission, including any criteria adopted under section 6 (2) of this 2019 Act, the department shall, within 120 days after receiving the submission under subsection (1) of this section: (a) Approve the housing production strategy; (b) Approve the housing production strategy, subject to further review and actions under section 6 (2) of this 2019 Act; or (c) Remand the housing production strategy for further modification as identified by the department. (7) A determination by the department under subsection (6) of this section is not a land use decision and is final and not subject to appeal. SECTION 6.(1) The Land Conservation and Development Commission, in consultation with the Housing and Community Services Department, shall adopt criteria for reviewing and identifying cities with a population greater than 10,000 that have not sufficiently: (a) Achieved production of needed housing within their jurisdiction; or (b) Implemented a housing production strategy adopted under section 4 of this 2019 Act. (2) The criteria adopted by the commission under subsection (1) of this section may in- clude the city’s: (a) Unmet housing need as described in ORS 197.296 (6); (b) Unmet housing need in proportion to the city’s population; (c) Percentage of households identified as severely rent burdened as described in section 1, chapter 47, Oregon Laws 2018; (d) Recent housing development; (e) Recent adoption of a housing production strategy under section 4 of this 2019 Act or adoption of actions pursuant to a housing production strategy; (f) Recent or frequent previous identification by the Department of Land Conservation and Development under this section; or (g) Other attributes that the commission considers relevant. Enrolled House Bill 2003 (HB 2003-C)Page 4 (3) The Department of Land Conservation and Development may review cities under the criteria adopted under subsection (2) of this section for the purposes of prioritizing actions by the department, including: (a) Awarding available technical or financial resources; (b) Providing enhanced review and oversight of the city’s housing production strategy; (c) Requiring a report and explanation if a city does not implement an action within the approximate time frame scheduled within a housing production strategy; (d) Entering into agreements with the city relating to the city’s modification or imple- mentation of its housing production strategy; or (e) Petitioning the commission to act under ORS 197.319 to 197.335 to require the city to comply with ORS 197.295 to 197.314 or statewide land use planning goals related to housing or urbanization. SECTION 7.No later than December 31, 2019, the Land Conservation and Development Commission shall adopt a schedule by which metropolitan service districts and cities de- scribed in ORS 197.296 (2)(a)(B) and (10)(c)(B) shall demonstrate sufficient buildable lands. Dates in the schedule may not be earlier than two years following the commission’s creation of rules implementing sections 4 to 6 of this 2019 Act and the amendments to ORS 197.296 and 197.299 by sections 8 and 9 of this 2019 Act. SECTION 8. ORS 197.296 is amended to read: 197.296. (1)(a) The provisions of subsections (2) to (9) of this section apply to metropolitan ser- vice district regional framework plans and local government comprehensive plans for lands within the urban growth boundary of a city that is located outside of a metropolitan service district and has a population of 25,000 or more. (b) The Land Conservation and Development Commission may establish a set of factors under which additional cities are subject to the provisions of this section. In establishing the set of factors required under this paragraph, the commission shall consider the size of the city, the rate of popu- lation growth of the city or the proximity of the city to another city with a population of 25,000 or more or to a metropolitan service district. (2)(a) [At periodic review pursuant to ORS 197.628 to 197.651 or at any other legislative review of the comprehensive plan or regional framework plan that concerns the urban growth boundary and requires the application of a statewide planning goal relating to buildable lands for residential use,] A local government shall demonstrate that its comprehensive plan or regional framework plan pro- vides sufficient buildable lands within the urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years: (A) At periodic review under ORS 197.628 to 197.651; (B) As scheduled by the commission: (i) At least once each eight years for local governments that are not within a metropol- itan service district; or (ii) At least once each six years for a metropolitan service district; or (C) At any other legislative review of the comprehensive plan or regional framework plan that concerns the urban growth boundary and requires the application of a statewide plan- ning goal relating to buildable lands for residential use. (b) The 20-year period shall commence on the date initially scheduled for completion of the [periodic or legislative] review under paragraph (a) of this subsection. (3) In performing the duties under subsection (2) of this section, a local government shall: (a) Inventory the supply of buildable lands within the urban growth boundary and determine the housing capacity of the buildable lands; and (b) Conduct an analysis of housing need by type and density range, in accordance with ORS 197.303 and statewide planning goals and rules relating to housing, to determine the number of units and amount of land needed for each needed housing type for the next 20 years. (4)(a) For the purpose of the inventory described in subsection (3)(a) of this section, “buildable lands” includes: Enrolled House Bill 2003 (HB 2003-C)Page 5 (A) Vacant lands planned or zoned for residential use; (B) Partially vacant lands planned or zoned for residential use; (C) Lands that may be used for a mix of residential and employment uses under the existing planning or zoning; and (D) Lands that may be used for residential infill or redevelopment. (b) For the purpose of the inventory and determination of housing capacity described in sub- section (3)(a) of this section, the local government must demonstrate consideration of: (A) The extent that residential development is prohibited or restricted by local regulation and ordinance, state law and rule or federal statute and regulation; (B) A written long term contract or easement for radio, telecommunications or electrical facili- ties, if the written contract or easement is provided to the local government; and (C) The presence of a single family dwelling or other structure on a lot or parcel. (c) Except for land that may be used for residential infill or redevelopment, a local government shall create a map or document that may be used to verify and identify specific lots or parcels that have been determined to be buildable lands. (5)(a) Except as provided in paragraphs (b) and (c) of this subsection, the determination of housing capacity and need pursuant to subsection (3) of this section must be based on data relating to land within the urban growth boundary that has been collected since the last [periodic] review [or] under subsection (2)(a)(B) of this section [five years, whichever is greater]. The data shall include: (A) The number, density and average mix of housing types of urban residential development that have actually occurred; (B) Trends in density and average mix of housing types of urban residential development; (C) Demographic and population trends; (D) Economic trends and cycles; and (E) The number, density and average mix of housing types that have occurred on the buildable lands described in subsection (4)(a) of this section. (b) A local government shall make the determination described in paragraph (a) of this sub- section using a shorter time period than the time period described in paragraph (a) of this sub- section if the local government finds that the shorter time period will provide more accurate and reliable data related to housing capacity and need. The shorter time period may not be less than three years. (c) A local government shall use data from a wider geographic area or use a time period for economic cycles and trends longer than the time period described in paragraph (a) of this subsection if the analysis of a wider geographic area or the use of a longer time period will provide more ac- curate, complete and reliable data relating to trends affecting housing need than an analysis per- formed pursuant to paragraph (a) of this subsection. The local government must clearly describe the geographic area, time frame and source of data used in a determination performed under this para- graph. (6) If the housing need determined pursuant to subsection (3)(b) of this section is greater than the housing capacity determined pursuant to subsection (3)(a) of this section, the local government shall take one or more of the following actions to accommodate the additional housing need: (a) Amend its urban growth boundary to include sufficient buildable lands to accommodate housing needs for the next 20 years. As part of this process, the local government shall consider the effects of measures taken pursuant to paragraph (b) of this subsection. The amendment shall include sufficient land reasonably necessary to accommodate the siting of new public school facilities. The need and inclusion of lands for new public school facilities shall be a coordinated process between the affected public school districts and the local government that has the authority to approve the urban growth boundary; (b) Amend its comprehensive plan, regional framework plan, functional plan or land use regu- lations to include new measures that demonstrably increase the likelihood that residential develop- ment will occur at densities sufficient to accommodate housing needs for the next 20 years without Enrolled House Bill 2003 (HB 2003-C)Page 6 expansion of the urban growth boundary. A local government or metropolitan service district that takes this action shall monitor and record the level of development activity and development density by housing type following the date of the adoption of the new measures; or (c) Adopt a combination of the actions described in paragraphs (a) and (b) of this subsection. (7) Using the analysis conducted under subsection (3)(b) of this section, the local government shall determine the overall average density and overall mix of housing types at which residential development of needed housing types must occur in order to meet housing needs over the next 20 years. If that density is greater than the actual density of development determined under subsection (5)(a)(A) of this section, or if that mix is different from the actual mix of housing types determined under subsection (5)(a)(A) of this section, the local government, as part of its periodic review, shall adopt measures that demonstrably increase the likelihood that residential development will occur at the housing types and density and at the mix of housing types required to meet housing needs over the next 20 years. (8)(a) A local government outside a metropolitan service district that takes any actions under subsection (6) or (7) of this section shall demonstrate that the comprehensive plan and land use regulations comply with goals and rules adopted by the commission and implement ORS 197.295 to 197.314. (b) The local government shall determine the density and mix of housing types anticipated as a result of actions taken under subsections (6) and (7) of this section and monitor and record the ac- tual density and mix of housing types achieved. The local government shall compare actual and anticipated density and mix.The local government shall submit its comparison to the commission at the next [periodic review or at the next legislative] review of its urban growth boundary[, which- ever comes first] under subsection (2)(a) of this section. (9) In establishing that actions and measures adopted under subsections (6) and (7) of this sec- tion demonstrably increase the likelihood of higher density residential development, the local gov- ernment shall at a minimum ensure that land zoned for needed housing is in locations appropriate for the housing types identified under subsection (3) of this section and is zoned at density ranges that are likely to be achieved by the housing market using the analysis in subsection (3) of this section.Actions or measures, or both, may include but are not limited to: (a) Increases in the permitted density on existing residential land; (b) Financial incentives for higher density housing; (c) Provisions permitting additional density beyond that generally allowed in the zoning district in exchange for amenities and features provided by the developer; (d) Removal or easing of approval standards or procedures; (e) Minimum density ranges; (f) Redevelopment and infill strategies; (g) Authorization of housing types not previously allowed by the plan or regulations; (h) Adoption of an average residential density standard; and (i) Rezoning or redesignation of nonresidential land. (10)(a) The provisions of this subsection apply to local government comprehensive plans for lands within the urban growth boundary of a city that is located outside of a metropolitan service district and has a population of less than 25,000. (b) [At periodic review pursuant to ORS 197.628 to 197.651 or at any other legislative review of the comprehensive plan that requires the application of a statewide planning goal relating to buildable lands for residential use,]As required under paragraph (c) of this subsection, a city shall, ac- cording to rules of the commission: (A) Determine the estimated housing needs within the jurisdiction for the next 20 years; (B) Inventory the supply of buildable lands available within the urban growth boundary to ac- commodate the estimated housing needs determined under this subsection; and (C) Adopt measures necessary to accommodate the estimated housing needs determined under this subsection. (c) The actions required under paragraph (b) of this subsection shall be undertaken: Enrolled House Bill 2003 (HB 2003-C)Page 7 (A) At periodic review pursuant to ORS 197.628 to 197.651; (B) On a schedule established by the commission for cities with a population greater than 10,000, not to exceed once each eight years; or (C) At any other legislative review of the comprehensive plan that requires the applica- tion of a statewide planning goal relating to buildable lands for residential use. [(c)] (d) For the purpose of the inventory described in this subsection, “buildable lands” includes those lands described in subsection (4)(a) of this section. SECTION 8a.If House Bill 2001 becomes law, section 8 of this 2019 Act (amending ORS 197.296) is repealed and ORS 197.296, as amended by section 5, chapter , Oregon Laws 2019 (Enrolled House Bill 2001), is amended to read: 197.296. (1)(a) The provisions of subsections (2) to (9) of this section apply to metropolitan ser- vice district regional framework plans and local government comprehensive plans for lands within the urban growth boundary of a city that is located outside of a metropolitan service district and has a population of 25,000 or more. (b) The Land Conservation and Development Commission may establish a set of factors under which additional cities are subject to the provisions of this section. In establishing the set of factors required under this paragraph, the commission shall consider the size of the city, the rate of popu- lation growth of the city or the proximity of the city to another city with a population of 25,000 or more or to a metropolitan service district. (2)(a) [At periodic review pursuant to ORS 197.628 to 197.651 or at any other legislative review of the comprehensive plan or regional framework plan that concerns the urban growth boundary and requires the application of a statewide planning goal relating to buildable lands for residential use,] A local government shall demonstrate that its comprehensive plan or regional framework plan pro- vides sufficient buildable lands within the urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years: (A) At periodic review under ORS 197.628 to 197.651; (B) As scheduled by the commission: (i) At least once each eight years for local governments that are not within a metropol- itan service district; or (ii) At least once each six years for a metropolitan service district; or (C) At any other legislative review of the comprehensive plan or regional framework plan that concerns the urban growth boundary and requires the application of a statewide plan- ning goal relating to buildable lands for residential use. (b) The 20-year period shall commence on the date initially scheduled for completion of the [periodic or legislative] review under paragraph (a) of this subsection. (3) In performing the duties under subsection (2) of this section, a local government shall: (a) Inventory the supply of buildable lands within the urban growth boundary and determine the housing capacity of the buildable lands; and (b) Conduct an analysis of existing and projected housing need by type and density range, in accordance with all factors under ORS 197.303 and statewide planning goals and rules relating to housing, to determine the number of units and amount of land needed for each needed housing type for the next 20 years. (4)(a) For the purpose of the inventory described in subsection (3)(a) of this section, “buildable lands” includes: (A) Vacant lands planned or zoned for residential use; (B) Partially vacant lands planned or zoned for residential use; (C) Lands that may be used for a mix of residential and employment uses under the existing planning or zoning; and (D) Lands that may be used for residential infill or redevelopment. (b) For the purpose of the inventory and determination of housing capacity described in sub- section (3)(a) of this section, the local government must demonstrate consideration of: Enrolled House Bill 2003 (HB 2003-C)Page 8 (A) The extent that residential development is prohibited or restricted by local regulation and ordinance, state law and rule or federal statute and regulation; (B) A written long term contract or easement for radio, telecommunications or electrical facili- ties, if the written contract or easement is provided to the local government; and (C) The presence of a single family dwelling or other structure on a lot or parcel. (c) Except for land that may be used for residential infill or redevelopment, a local government shall create a map or document that may be used to verify and identify specific lots or parcels that have been determined to be buildable lands. (5)(a) Except as provided in paragraphs (b) and (c) of this subsection, the determination of housing capacity pursuant to subsection (3)(a) of this section must be based on data relating to land within the urban growth boundary that has been collected since the last review [or six years, whichever is greater] under subsection (2)(a)(B) of this section. The data shall include: (A) The number, density and average mix of housing types of urban residential development that have actually occurred; (B) Trends in density and average mix of housing types of urban residential development; (C) Market factors that may substantially impact future urban residential development; and (D) The number, density and average mix of housing types that have occurred on the buildable lands described in subsection (4)(a) of this section. (b) A local government shall make the determination described in paragraph (a) of this sub- section using a shorter time period than the time period described in paragraph (a) of this sub- section if the local government finds that the shorter time period will provide more accurate and reliable data related to housing capacity. The shorter time period may not be less than three years. (c) A local government shall use data from a wider geographic area or use a time period longer than the time period described in paragraph (a) of this subsection if the analysis of a wider ge- ographic area or the use of a longer time period will provide more accurate, complete and reliable data relating to trends affecting housing need than an analysis performed pursuant to paragraph (a) of this subsection. The local government must clearly describe the geographic area, time frame and source of data used in a determination performed under this paragraph. (6) If the housing need determined pursuant to subsection (3)(b) of this section is greater than the housing capacity determined pursuant to subsection (3)(a) of this section, the local government shall take one or both of the following actions to accommodate the additional housing need: (a) Amend its urban growth boundary to include sufficient buildable lands to accommodate housing needs for the next 20 years. As part of this process, the local government shall consider the effects of measures taken pursuant to paragraph (b) of this subsection. The amendment shall include sufficient land reasonably necessary to accommodate the siting of new public school facilities. The need and inclusion of lands for new public school facilities shall be a coordinated process between the affected public school districts and the local government that has the authority to approve the urban growth boundary. (b) Amend its comprehensive plan, regional framework plan, functional plan or land use regu- lations to include new measures that demonstrably increase the likelihood that residential develop- ment will occur at densities sufficient to accommodate housing needs for the next 20 years without expansion of the urban growth boundary. A local government or metropolitan service district that takes this action shall adopt findings regarding the density expectations assumed to result from measures adopted under this paragraph based upon the factors listed in ORS 197.303 (2) and data in subsection (5)(a) of this section. The density expectations may not project an increase in resi- dential capacity above achieved density by more than three percent without quantifiable validation of such departures. For a local government located outside of a metropolitan service district, a quantifiable validation must demonstrate that the assumed housing capacity has been achieved in areas that are zoned to allow no greater than the same authorized density level within the local jurisdiction or a jurisdiction in the same region. For a metropolitan service district, a quantifiable validation must demonstrate that the assumed housing capacity has been achieved in areas that are Enrolled House Bill 2003 (HB 2003-C)Page 9 zoned to allow no greater than the same authorized density level within the metropolitan service district. (c) As used in this subsection, “authorized density level” has the meaning given that term in ORS 227.175. (7) Using the housing need analysis conducted under subsection (3)(b) of this section, the local government shall determine the overall average density and overall mix of housing types at which residential development of needed housing types must occur in order to meet housing needs over the next 20 years.If that density is greater than the actual density of development determined under subsection (5)(a)(A) of this section, or if that mix is different from the actual mix of housing types determined under subsection (5)(a)(A) of this section, the local government, as part of its periodic review, shall adopt measures that demonstrably increase the likelihood that residential development will occur at the housing types and density and at the mix of housing types required to meet housing needs over the next 20 years. (8)(a) A local government outside a metropolitan service district that takes any actions under subsection (6) or (7) of this section shall demonstrate that the comprehensive plan and land use regulations comply with goals and rules adopted by the commission and implement ORS 197.295 to 197.314. (b) A local government shall determine the density and mix of housing types anticipated as a result of actions taken under subsections (6) and (7) of this section and monitor and record the ac- tual density and mix of housing types achieved following the adoption of these actions. The local government shall compare actual and anticipated density and mix. The local government shall sub- mit its comparison to the commission at the next [periodic review or at the next legislative] review of its urban growth boundary[, whichever comes first] under subsection (2)(a) of this section. (9) In establishing that actions and measures adopted under subsections (6) and (7) of this sec- tion demonstrably increase the likelihood of higher density residential development, the local gov- ernment shall at a minimum ensure that land zoned for needed housing is in locations appropriate for the housing types identified under subsection (3) of this section, is zoned at density ranges that are likely to be achieved by the housing market using the analysis in subsection (3) of this section and is in areas where sufficient urban services are planned to enable the higher density development to occur over the 20-year period.Actions or measures, or both, may include but are not limited to: (a) Increases in the permitted density on existing residential land; (b) Financial incentives for higher density housing; (c) Provisions permitting additional density beyond that generally allowed in the zoning district in exchange for amenities and features provided by the developer; (d) Removal or easing of approval standards or procedures; (e) Minimum density ranges; (f) Redevelopment and infill strategies; (g) Authorization of housing types not previously allowed by the plan or regulations; (h) Adoption of an average residential density standard; and (i) Rezoning or redesignation of nonresidential land. (10)(a) The provisions of this subsection apply to local government comprehensive plans for lands within the urban growth boundary of a city that is located outside of a metropolitan service district and has a population of less than 25,000. (b) [At periodic review pursuant to ORS 197.628 to 197.651 or at any other legislative review of the comprehensive plan that requires the application of a statewide planning goal relating to buildable lands for residential use,]As required under paragraph (c) of this subsection, a city shall, ac- cording to rules of the commission: (A) Determine the estimated housing needs within the jurisdiction for the next 20 years; (B) Inventory the supply of buildable lands available within the urban growth boundary to ac- commodate the estimated housing needs determined under this subsection; and (C) Adopt measures necessary to accommodate the estimated housing needs determined under this subsection. Enrolled House Bill 2003 (HB 2003-C)Page 10 (c) The actions required under paragraph (b) of this subsection shall be undertaken: (A) At periodic review pursuant to ORS 197.628 to 197.651; (B) On a schedule established by the commission for cities with a population greater than 10,000, not to exceed once each eight years; or (C) At any other legislative review of the comprehensive plan that requires the applica- tion of a statewide planning goal relating to buildable lands for residential use. [(c)] (d) For the purpose of the inventory described in this subsection, “buildable lands” includes those lands described in subsection (4)(a) of this section. SECTION 9. ORS 197.299 is amended to read: 197.299. (1) A metropolitan service district organized under ORS chapter 268 shall complete the inventory, determination and analysis required under ORS 197.296 (3) not later than six years after completion of the previous inventory, determination and analysis. (2)(a) The metropolitan service district shall take such action as necessary under ORS 197.296 (6)(a) to accommodate one-half of a 20-year buildable land supply determined under ORS 197.296 (3) within one year of completing the analysis. (b) The metropolitan service district shall take all final action under ORS 197.296 (6)(a) neces- sary to accommodate a 20-year buildable land supply determined under ORS 197.296 (3) within two years of completing the analysis. (c) The metropolitan service district shall take action under ORS 197.296 (6)(b), within one year after the analysis required under ORS 197.296 (3)(b) is completed, to provide sufficient buildable land within the urban growth boundary to accommodate the estimated housing needs for 20 years from the time the actions are completed. (d) The metropolitan service district shall consider and adopt new measures that the governing body deems appropriate under ORS 197.296 (6)(b) and shall allocate any housing capacity that is not accommodated under this section to be accommodated by the application of ORS 197.296 (6)(b) by cities within the metropolitan service district with a population greater than 10,000. (e) Cities to which housing capacity is allocated under paragraph (d) of this subsection shall take steps, at least once every six years as scheduled by the Land Conservation and Development Commission, to demonstrably increase the likelihood that residential develop- ment will occur at densities sufficient to accommodate housing needs for the next 20 years as required by ORS 197.296 (6)(b). (3) The [Land Conservation and Development] commission may grant an extension to the time limits of subsection (2) of this section if the Director of the Department of Land Conservation and Development determines that the metropolitan service district has provided good cause for failing to meet the time limits. (4)(a) The metropolitan service district shall establish a process to expand the urban growth boundary to accommodate a need for land for a public school that cannot reasonably be accommo- dated within the existing urban growth boundary. The metropolitan service district shall design the process to: (A) Accommodate a need that must be accommodated between periodic analyses of urban growth boundary capacity required by subsection (1) of this section; and (B) Provide for a final decision on a proposal to expand the urban growth boundary within four months after submission of a complete application by a large school district as defined in ORS 195.110. (b) At the request of a large school district, the metropolitan service district shall assist the large school district to identify school sites required by the school facility planning process de- scribed in ORS 195.110. A need for a public school is a specific type of identified land need under ORS 197.298 (3). (5) Three years after completing its most recent demonstration of sufficient buildable lands un- der ORS 197.296, a metropolitan service district may, on a single occasion, revise the determination Enrolled House Bill 2003 (HB 2003-C)Page 11 and analysis required as part of the demonstration for the purpose of considering an amendment to the metropolitan service district’s urban growth boundary, provided: (a) The metropolitan service district has entered into an intergovernmental agreement and has designated rural reserves and urban reserves under ORS 195.141 and 195.145 with each county lo- cated within the district; (b) The commission has acknowledged the rural reserve and urban reserve designations de- scribed in paragraph (a) of this subsection; (c) One or more cities within the metropolitan service district have proposed a development that would require expansion of the urban growth boundary; (d) The city or cities proposing the development have provided evidence to the metropolitan service district that the proposed development would provide additional needed housing to the needed housing included in the most recent determination and analysis; (e) The location chosen for the proposed development is adjacent to the city proposing the de- velopment; and (f) The location chosen for the proposed development is located within an area designated and acknowledged as an urban reserve. (6)(a) If a metropolitan service district, after revising its most recent determination and analysis pursuant to subsection (5) of this section, concludes that an expansion of its urban growth boundary is warranted, the metropolitan service district may take action to expand its urban growth boundary in one or more locations to accommodate the proposed development, provided the urban growth boundary expansion does not exceed a total of 1,000 acres. (b) A metropolitan service district that expands its urban growth boundary under this sub- section: (A) Must adopt the urban growth boundary expansion not more than four years after completing its most recent demonstration of sufficient buildable lands under ORS 197.296; and (B) Is exempt from the boundary location requirements described in the statewide land use planning goals relating to urbanization. SECTION 10. ORS 197.303 is amended to read: 197.303. (1) As used in ORS [197.307] 197.295 to 197.314, “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban Development under 42 U.S.C.1437a. “Needed housing” includes the following housing types: (a) Attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and (e) Housing for farmworkers. (2) Subsection (1)(a) and (d) of this section does not apply to: (a) A city with a population of less than 2,500. (b) A county with a population of less than 15,000. (3) A local government may take an exception under ORS 197.732 to the definition of “needed housing” in subsection (1) of this section in the same manner that an exception may be taken under the goals. SECTION 10a.If House Bill 2001 becomes law, section 10 of this 2019 Act (amending ORS 197.303) is repealed and ORS 197.303, as amended by section 6, chapter , Oregon Laws 2019 (Enrolled House Bill 2001), is amended to read: Enrolled House Bill 2003 (HB 2003-C)Page 12 197.303. (1) As used in ORS 197.295 to 197.314, “needed housing” means all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are de- fined by the United States Department of Housing and Urban Development under 42 U.S.C.1437a. “Needed housing” includes the following housing types: (a) Attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and (e) Housing for farmworkers. (2) For the purpose of estimating housing needs, as described in ORS 197.296 (3)(b), a local government shall use the population projections prescribed by ORS 195.033 or 195.036 and shall consider and adopt findings related to changes in each of the following factors since the last [peri- odic or legislative review or six years, whichever is greater,] review under ORS 197.296 (2)(a)(B) and the projected future changes in these factors over a 20-year planning period: (a) Household sizes; (b) Household demographics [in terms of age, gender, race or other established demographic cate- gory]; (c) Household incomes; (d) Vacancy rates; and (e) Housing costs. (3) A local government shall make the estimate described in subsection (2) of this section using a shorter time period than since the last [periodic or legislative review or six years, whichever is greater,] review under ORS 197.296 (2)(a)(B) if the local government finds that the shorter time period will provide more accurate and reliable data related to housing need. The shorter time period may not be less than three years. (4) A local government shall use data from a wider geographic area or use a time period longer than the time period described in subsection (2) of this section if the analysis of a wider geographic area or the use of a longer time period will provide more accurate, complete and reliable data re- lating to trends affecting housing need than an analysis performed pursuant to subsection (2) of this section. The local government must clearly describe the geographic area, time frame and source of data used in an estimate performed under this subsection. (5) Subsection (1)(a) and (d) of this section does not apply to: (a) A city with a population of less than 2,500. (b) A county with a population of less than 15,000. (6) A local government may take an exception under ORS 197.732 to the definition of “needed housing” in subsection (1) of this section in the same manner that an exception may be taken under the goals. SECTION 11. ORS 197.319 is amended to read: 197.319. (1) Before a person may request adoption of an enforcement order under ORS 197.320, the person shall: (a) Present the reasons, in writing, for such an order to the affected local government; and (b) Request: (A) Revisions to the local comprehensive plan, land use regulations, special district cooperative or urban service agreement or decision-making process which is the basis for the order; or (B) That an action be taken regarding the local comprehensive plan, land use regulations, spe- cial district agreement, housing production strategy or decision-making process that is the basis for the order. Enrolled House Bill 2003 (HB 2003-C)Page 13 (2)(a) The local government or special district shall issue a written response to the request within 60 days of the date the request is mailed to the local government or special district. (b) The requestor and the local government or special district may enter into mediation to re- solve issues in the request. The Department of Land Conservation and Development shall provide mediation services when jointly requested by the local government or special district and the requestor. (c) If the local government or special district does not act in a manner which the requestor believes is adequate to address the issues raised in the request within the time period provided in paragraph (a) of this subsection, a petition may be presented to the Land Conservation and Devel- opment Commission under ORS 197.324. (3) A metropolitan service district may request an enforcement order under ORS 197.320 (12) without first complying with subsections (1) and (2) of this section. SECTION 12. ORS 197.320 is amended to read: 197.320. The Land Conservation and Development Commission shall issue an order requiring a local government, state agency or special district to take action necessary to bring its comprehen- sive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with the goals, acknowledged comprehensive plan provisions, [or] land use regulations or housing production strategy if the commission has good cause to believe: (1) A comprehensive plan or land use regulation adopted by a local government not on a com- pliance schedule is not in compliance with the goals by the date set in ORS 197.245 or 197.250 for such compliance; (2) A plan, program, rule or regulation affecting land use adopted by a state agency or special district is not in compliance with the goals by the date set in ORS 197.245 or 197.250 for such compliance; (3) A local government is not making satisfactory progress toward performance of its compliance schedule; (4) A state agency is not making satisfactory progress in carrying out its coordination agree- ment or the requirements of ORS 197.180; (5) A local government has no comprehensive plan or land use regulation and is not on a com- pliance schedule directed to developing the plan or regulation; (6) A local government has engaged in a pattern or practice of decision making that violates an acknowledged comprehensive plan or land use regulation. In making its determination under this subsection, the commission shall determine whether there is evidence in the record to support the decisions made. The commission shall not judge the issue solely upon adequacy of the findings in support of the decisions; (7) A local government has failed to comply with a commission order entered under ORS 197.644; (8) A special district has engaged in a pattern or practice of decision-making that violates an acknowledged comprehensive plan or cooperative agreement adopted pursuant to ORS 197.020; (9) A special district is not making satisfactory progress toward performance of its obligations under ORS chapters 195 and 197; (10) A local government’s approval standards, special conditions on approval of specific devel- opment proposals or procedures for approval do not comply with ORS 197.307 (4) or (6); (11) A local government is not making satisfactory progress toward meeting its obligations un- der ORS 195.065; [or] (12) A local government within the jurisdiction of a metropolitan service district has failed to make changes to the comprehensive plan or land use regulations to comply with the regional framework plan of the district or has engaged in a pattern or practice of decision-making that vio- lates a requirement of the regional framework plan[.]; or (13) A city is not making satisfactory progress in taking actions listed in its housing production strategy under section 4 of this 2019 Act. SECTION 13. Section 1, chapter 47, Oregon Laws 2018, is amended to read: Sec. 1. (1) For purposes of this section: Enrolled House Bill 2003 (HB 2003-C)Page 14 (a) A household is severely rent burdened if the household spends more than 50 percent of the income of the household on gross rent for housing. (b) A regulated affordable unit is a residential unit subject to a regulatory agreement that runs with the land and that requires affordability for an established income level for a defined period of time. (c) A single-family unit may be rented or owned by a household and includes single-family homes, duplexes, townhomes, row homes and mobile homes. (2)(a) The Housing and Community Services Department shall annually provide to the governing body of each city in this state with a population greater than 10,000 the most current data available from the United States Census Bureau, or any other source the department considers at least as reliable, showing the percentage of renter households in the city that are severely rent burdened. (b) [The Housing and Community Services Department, in collaboration with] The Department of Land Conservation and Development, in consultation with the Housing and Community Services Department, shall develop a survey form on which the governing body of a city may provide spe- cific information related to the affordability of housing within the city, including[, but not limited to:] [(A)] the actions relating to land use and other related matters that the [governing body] city has taken to encourage the development of needed housing, increase the affordability of housing and reduce rent burdens for severely rent burdened households[; and]. [(B) The additional actions the governing body intends to take to reduce rent burdens for severely rent burdened households.] (c) [If the Housing and Community Services Department determines that at least 25 percent of the renter households in a city are severely rent burdened,] The Department of Land Conservation and Development shall provide the governing body of the city with the survey form developed pursuant to paragraph (b) of this subsection. (d) The governing body of the city shall return the completed survey form to the [Housing and Community Services Department and the] Department of Land Conservation and Development [within 60 days of receipt] at least 24 months prior to a deadline for completing a housing production strategy under section 4 of this 2019 Act. (3)(a) In any year in which the governing body of a city is informed under this section that at least 25 percent of the renter households in the city are severely rent burdened, the governing body shall hold at least one public meeting to discuss the causes and consequences of severe rent burdens within the city, the barriers to reducing rent burdens and possible solutions. (b) The Housing and Community Services Department may adopt rules governing the conduct of the public meeting required under this subsection. (4) No later than February 1 of each year, the governing body of each city in this state with a population greater than 10,000 shall submit to the Department of Land Conservation and Develop- ment a report for the immediately preceding calendar year setting forth separately for each of the following categories the total number of units that were permitted and the total number that were produced: (a) Residential units. (b) Regulated affordable residential units. (c) Multifamily residential units. (d) Regulated affordable multifamily residential units. (e) Single-family units. (f) Regulated affordable single-family units. SECTION 14.Section 15 of this 2019 Act is added to and made a part of ORS chapter 197. SECTION 15.(1) As used in this section, “public property” means all real property of the state, counties, cities, incorporated towns or villages, school districts, irrigation districts, drainage districts, ports, water districts, service districts, metropolitan service districts, housing authorities, public universities listed in ORS 352.002 or all other public or municipal corporations in this state. Enrolled House Bill 2003 (HB 2003-C)Page 15 (2) Notwithstanding any land use regulation, comprehensive plan, or statewide land use planning goal, a local government may allow the development of housing on public property provided: (a) The real property is not inventoried as a park or open space as a protective measure pursuant to a statewide land use planning goal; (b) The real property is located within the urban growth boundary; (c) The real property is zoned for residential development or adjacent to parcels zoned for residential development; (d) The housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone of the land or the adjacent residential land described in paragraph (c) of this subsection; (e) At least 50 percent of the residential units provided under this section is affordable to households with incomes equal to or less than 60 percent of the area median income, as defined in ORS 456.270; and (f) The affordability of the residential units described in paragraph (e) of this subsection is subject to an affordable housing covenant, as described in ORS 456.270 to 456.295, held by the local government or the Housing and Community Services Department and with a dura- tion of no less than 60 years. (3) Notwithstanding any statewide land use planning goal, a local government may amend its comprehensive plan and land use regulations to allow public property to be used for the purposes described in subsection (2) of this section. SECTION 16.Notwithstanding ORS 197.646, a local government required to comply with the amendments to ORS 197.312 by section 6, chapter 745, Oregon Laws 2017, shall adopt land use regulations, or adopt amendments to its comprehensive plan, to comply with the amendments to ORS 197.312 by section 6, chapter 745, Oregon Laws 2017, no later than the effective date of this 2019 Act. SECTION 17. ORS 215.416 is amended to read: 215.416. (1) When required or authorized by the ordinances, rules and regulations of a county, an owner of land may apply in writing to such persons as the governing body designates, for a permit, in the manner prescribed by the governing body. The governing body shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that service. (2) The governing body shall establish a consolidated procedure by which an applicant may ap- ply at one time for all permits or zone changes needed for a development project. The consolidated procedure shall be subject to the time limitations set out in ORS 215.427. The consolidated proce- dure shall be available for use at the option of the applicant no later than the time of the first pe- riodic review of the comprehensive plan and land use regulations. (3) Except as provided in subsection (11) of this section, the hearings officer shall hold at least one public hearing on the application. (4)(a) A county may not approve an application if the proposed use of land is found to be in conflict with the comprehensive plan of the county and other applicable land use regulation or or- dinance provisions. The approval may include such conditions as are authorized by statute or county legislation. (b)(A) A county may not deny an application for a housing development located within the urban growth boundary if the development complies with clear and objective standards, including but not limited to clear and objective design standards contained in the county comprehensive plan or land use regulations. (B) This paragraph does not apply to: (i) Applications or permits for residential development in areas described in ORS 197.307 (5); or (ii) Applications or permits reviewed under an alternative approval process adopted under ORS 197.307 (6). Enrolled House Bill 2003 (HB 2003-C)Page 16 (c) A county may not [reduce the density of] condition an application for a housing development on a reduction in density if: (A) The density applied for is at or below the authorized density level under the local land use regulations; and (B) At least 75 percent of the floor area applied for is reserved for housing. (d) A county may not [reduce the height of] condition an application for a housing development on a reduction in height if: (A) The height applied for is at or below the authorized height level under the local land use regulations; (B) At least 75 percent of the floor area applied for is reserved for housing; and (C) Reducing the height has the effect of reducing the authorized density level under local land use regulations. (e) Notwithstanding paragraphs (c) and (d) of this subsection, a county may [reduce the density or height of] condition an application for a housing development on a reduction in density or height only if the reduction is necessary to resolve a health, safety or habitability issue or to comply with a protective measure adopted pursuant to a statewide land use planning goal. Notwithstanding ORS 197.350, the county must adopt findings supported by substantial evi- dence demonstrating the necessity of the reduction. (f) As used in this subsection: (A) “Authorized density level” means the maximum number of lots or dwelling units or the maximum floor area ratio that is permitted under local land use regulations. (B) “Authorized height level” means the maximum height of a structure that is permitted under local land use regulations. (C) “Habitability” means being in compliance with the applicable provisions of the state building code under ORS chapter 455 and the rules adopted thereunder. (5) Hearings under this section shall be held only after notice to the applicant and also notice to other persons as otherwise provided by law and shall otherwise be conducted in conformance with the provisions of ORS 197.763. (6) Notice of a public hearing on an application submitted under this section shall be provided to the owner of an airport defined by the Oregon Department of Aviation as a “public use airport” if: (a) The name and address of the airport owner has been provided by the Oregon Department of Aviation to the county planning authority; and (b) The property subject to the land use hearing is: (A) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon Department of Aviation to be a “visual airport”; or (B) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon Department of Aviation to be an “instrument airport.” (7) Notwithstanding the provisions of subsection (6) of this section, notice of a land use hearing need not be provided as set forth in subsection (6) of this section if the zoning permit would only allow a structure less than 35 feet in height and the property is located outside the runway “ap- proach surface” as defined by the Oregon Department of Aviation. (8)(a) Approval or denial of a permit application shall be based on standards and criteria which shall be set forth in the zoning ordinance or other appropriate ordinance or regulation of the county and which shall relate approval or denial of a permit application to the zoning ordinance and com- prehensive plan for the area in which the proposed use of land would occur and to the zoning or- dinance and comprehensive plan for the county as a whole. (b) When an ordinance establishing approval standards is required under ORS 197.307 to provide only clear and objective standards, the standards must be clear and objective on the face of the ordinance. (9) Approval or denial of a permit or expedited land division shall be based upon and accompa- nied by a brief statement that explains the criteria and standards considered relevant to the deci- Enrolled House Bill 2003 (HB 2003-C)Page 17 sion, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth. (10) Written notice of the approval or denial shall be given to all parties to the proceeding. (11)(a)(A) The hearings officer or such other person as the governing body designates may ap- prove or deny an application for a permit without a hearing if the hearings officer or other desig- nated person gives notice of the decision and provides an opportunity for any person who is adversely affected or aggrieved, or who is entitled to notice under paragraph (c) of this subsection, to file an appeal. (B) Written notice of the decision shall be mailed to those persons described in paragraph (c) of this subsection. (C) Notice under this subsection shall comply with ORS 197.763 (3)(a), (c), (g) and (h) and shall describe the nature of the decision. In addition, the notice shall state that any person who is ad- versely affected or aggrieved or who is entitled to written notice under paragraph (c) of this sub- section may appeal the decision by filing a written appeal in the manner and within the time period provided in the county’s land use regulations. A county may not establish an appeal period that is less than 12 days from the date the written notice of decision required by this subsection was mailed. The notice shall state that the decision will not become final until the period for filing a local appeal has expired. The notice also shall state that a person who is mailed written notice of the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830. (D) An appeal from a hearings officer’s decision made without hearing under this subsection shall be to the planning commission or governing body of the county. An appeal from such other person as the governing body designates shall be to a hearings officer, the planning commission or the governing body. In either case, the appeal shall be to a de novo hearing. (E) The de novo hearing required by subparagraph (D) of this paragraph shall be the initial evidentiary hearing required under ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals. At the de novo hearing: (i) The applicant and other parties shall have the same opportunity to present testimony, argu- ments and evidence as they would have had in a hearing under subsection (3) of this section before the decision; (ii) The presentation of testimony, arguments and evidence shall not be limited to issues raised in a notice of appeal; and (iii) The decision maker shall consider all relevant testimony, arguments and evidence that are accepted at the hearing. (b) If a local government provides only a notice of the opportunity to request a hearing, the local government may charge a fee for the initial hearing. The maximum fee for an initial hearing shall be the cost to the local government of preparing for and conducting the appeal, or $250, whichever is less. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. The fee allowed in this paragraph shall not apply to appeals made by neighborhood or community organizations recognized by the governing body and whose bounda- ries include the site. (c)(A) Notice of a decision under paragraph (a) of this subsection shall be provided to the ap- plicant and to the owners of record of property on the most recent property tax assessment roll where such property is located: (i) Within 100 feet of the property that is the subject of the notice when the subject property is wholly or in part within an urban growth boundary; (ii) Within 250 feet of the property that is the subject of the notice when the subject property is outside an urban growth boundary and not within a farm or forest zone; or (iii) Within 750 feet of the property that is the subject of the notice when 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. Enrolled House Bill 2003 (HB 2003-C)Page 18 (C) At the discretion of the applicant, the local government also shall provide notice to the Department of Land Conservation and Development. (12) A decision described in ORS 215.402 (4)(b) shall: (a) Be entered in a registry available to the public setting forth: (A) The street address or other easily understood geographic reference to the subject property; (B) The date of the decision; and (C) A description of the decision made. (b) Be subject to the jurisdiction of the Land Use Board of Appeals in the same manner as a limited land use decision. (c) Be subject to the appeal period described in ORS 197.830 (5)(b). (13) At the option of the applicant, the local government shall provide notice of the decision described in ORS 215.402 (4)(b) in the manner required by ORS 197.763 (2), in which case an appeal to the board shall be filed within 21 days of the decision.The notice shall include an explanation of appeal rights. (14) Notwithstanding the requirements of this section, a limited land use decision shall be sub- ject to the requirements set forth in ORS 197.195 and 197.828. SECTION 18. ORS 227.175 is amended to read: 227.175. (1) When required or authorized by a city, an owner of land may apply in writing to the hearings officer, or such other person as the city council designates, for a permit or zone change, upon such forms and in such a manner as the city council prescribes. The governing body shall es- tablish fees charged for processing permits at an amount no more than the actual or average cost of providing that service. (2) The governing body of the city shall establish a consolidated procedure by which an appli- cant may apply at one time for all permits or zone changes needed for a development project.The consolidated procedure shall be subject to the time limitations set out in ORS 227.178. The consol- idated procedure shall be available for use at the option of the applicant no later than the time of the first periodic review of the comprehensive plan and land use regulations. (3) Except as provided in subsection (10) of this section, the hearings officer shall hold at least one public hearing on the application. (4)(a) A city may not approve an application unless the proposed development of land would be in compliance with the comprehensive plan for the city and other applicable land use regulation or ordinance provisions. The approval may include such conditions as are authorized by ORS 227.215 or any city legislation. (b)(A) A city may not deny an application for a housing development located within the urban growth boundary if the development complies with clear and objective standards, including [but not limited to] clear and objective design standards contained in the city comprehensive plan or land use regulations. (B) This paragraph does not apply to: (i) Applications or permits for residential development in areas described in ORS 197.307 (5); or (ii) Applications or permits reviewed under an alternative approval process adopted under ORS 197.307 (6). (c) A city may not [reduce the density of] condition an application for a housing development on a reduction in density if: (A) The density applied for is at or below the authorized density level under the local land use regulations; and (B) At least 75 percent of the floor area applied for is reserved for housing. (d) A city may not [reduce the height of]condition an application for a housing development on a reduction in height if: (A) The height applied for is at or below the authorized height level under the local land use regulations; (B) At least 75 percent of the floor area applied for is reserved for housing; and Enrolled House Bill 2003 (HB 2003-C)Page 19 (C) Reducing the height has the effect of reducing the authorized density level under local land use regulations. (e) Notwithstanding paragraphs (c) and (d) of this subsection, a city may [reduce the density or height of] condition an application for a housing development on a reduction in density or height only if the reduction is necessary to resolve a health, safety or habitability issue or to comply with a protective measure adopted pursuant to a statewide land use planning goal.Notwithstanding ORS 197.350, the city must adopt findings supported by substantial evidence demonstrating the necessity of the reduction. (f) As used in this subsection: (A) “Authorized density level” means the maximum number of lots or dwelling units or the maximum floor area ratio that is permitted under local land use regulations. (B) “Authorized height level” means the maximum height of a structure that is permitted under local land use regulations. (C) “Habitability” means being in compliance with the applicable provisions of the state building code under ORS chapter 455 and the rules adopted thereunder. (5) Hearings under this section may be held only after notice to the applicant and other inter- ested persons and shall otherwise be conducted in conformance with the provisions of ORS 197.763. (6) Notice of a public hearing on a zone use application shall be provided to the owner of an airport, defined by the Oregon Department of Aviation as a “public use airport” if: (a) The name and address of the airport owner has been provided by the Oregon Department of Aviation to the city planning authority; and (b) The property subject to the zone use hearing is: (A) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon Department of Aviation to be a “visual airport”; or (B) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon Department of Aviation to be an “instrument airport.” (7) Notwithstanding the provisions of subsection (6) of this section, notice of a zone use hearing need only be provided as set forth in subsection (6) of this section if the permit or zone change would only allow a structure less than 35 feet in height and the property is located outside of the runway “approach surface” as defined by the Oregon Department of Aviation. (8) If an application would change the zone of property that includes all or part of a mobile home or manufactured dwelling park as defined in ORS 446.003, the governing body shall give written notice by first class mail to each existing mailing address for tenants of the mobile home or manufactured dwelling park at least 20 days but not more than 40 days before the date of the first hearing on the application. The governing body may require an applicant for such a zone change to pay the costs of such notice. (9) The failure of a tenant or an airport owner to receive a notice which was mailed shall not invalidate any zone change. (10)(a)(A) The hearings officer or such other person as the governing body designates may ap- prove or deny an application for a permit without a hearing if the hearings officer or other desig- nated person gives notice of the decision and provides an opportunity for any person who is adversely affected or aggrieved, or who is entitled to notice under paragraph (c) of this subsection, to file an appeal. (B) Written notice of the decision shall be mailed to those persons described in paragraph (c) of this subsection. (C) Notice under this subsection shall comply with ORS 197.763 (3)(a), (c), (g) and (h) and shall describe the nature of the decision. In addition, the notice shall state that any person who is ad- versely affected or aggrieved or who is entitled to written notice under paragraph (c) of this sub- section may appeal the decision by filing a written appeal in the manner and within the time period provided in the city’s land use regulations. A city may not establish an appeal period that is less than 12 days from the date the written notice of decision required by this subsection was mailed. The notice shall state that the decision will not become final until the period for filing a local ap- Enrolled House Bill 2003 (HB 2003-C)Page 20 peal has expired. The notice also shall state that a person who is mailed written notice of the de- cision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830. (D) An appeal from a hearings officer’s decision made without hearing under this subsection shall be to the planning commission or governing body of the city. An appeal from such other person as the governing body designates shall be to a hearings officer, the planning commission or the governing body. In either case, the appeal shall be to a de novo hearing. (E) The de novo hearing required by subparagraph (D) of this paragraph shall be the initial evidentiary hearing required under ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals. At the de novo hearing: (i) The applicant and other parties shall have the same opportunity to present testimony, argu- ments and evidence as they would have had in a hearing under subsection (3) of this section before the decision; (ii) The presentation of testimony, arguments and evidence shall not be limited to issues raised in a notice of appeal; and (iii) The decision maker shall consider all relevant testimony, arguments and evidence that are accepted at the hearing. (b) If a local government provides only a notice of the opportunity to request a hearing, the local government may charge a fee for the initial hearing. The maximum fee for an initial hearing shall be the cost to the local government of preparing for and conducting the appeal, or $250, whichever is less. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. The fee allowed in this paragraph shall not apply to appeals made by neighborhood or community organizations recognized by the governing body and whose bounda- ries include the site. (c)(A) Notice of a decision under paragraph (a) of this subsection shall be provided to the ap- plicant and to the owners of record of property on the most recent property tax assessment roll where such property is located: (i) Within 100 feet of the property that is the subject of the notice when the subject property is wholly or in part within an urban growth boundary; (ii) Within 250 feet of the property that is the subject of the notice when the subject property is outside an urban growth boundary and not within a farm or forest zone; or (iii) Within 750 feet of the property that is the subject of the notice when 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. (11) A decision described in ORS 227.160 (2)(b) shall: (a) Be entered in a registry available to the public setting forth: (A) The street address or other easily understood geographic reference to the subject property; (B) The date of the decision; and (C) A description of the decision made. (b) Be subject to the jurisdiction of the Land Use Board of Appeals in the same manner as a limited land use decision. (c) Be subject to the appeal period described in ORS 197.830 (5)(b). (12) At the option of the applicant, the local government shall provide notice of the decision described in ORS 227.160 (2)(b) in the manner required by ORS 197.763 (2), in which case an appeal to the board shall be filed within 21 days of the decision.The notice shall include an explanation of appeal rights. (13) Notwithstanding other requirements of this section, limited land use decisions shall be subject to the requirements set forth in ORS 197.195 and 197.828. SECTION 19. ORS 215.441 is amended to read: Enrolled House Bill 2003 (HB 2003-C)Page 21 215.441. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresiden- tial place of worship is allowed on real property under state law and rules and local zoning ordi- nances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including: (a) Worship services. (b) Religion classes. (c) Weddings. (d) Funerals. (e) Meal programs. (f) Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education. (g) Providing housing or space for housing in a building or buildings that [is] are detached from the place of worship, provided: (A) At least 50 percent of the residential units provided under this paragraph are affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the real property is located; (B) The real property is in an area zoned for residential use that is located within the urban growth boundary; and (C) The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone. (2) A county may: (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses author- ized under subsection (1) of this section; or (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including trans- portation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section. (3) Notwithstanding any other provision of this section, a county may allow a private or paro- chial school for prekindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. (4) Housing and space for housing provided under subsection (1)(g) of this section must be sub- ject to a covenant appurtenant that restricts the owner and each successive owner of [the]a build- ing or any residential unit contained in [the] a building from selling or renting any residential unit described in subsection (1)(g)(A) of this section as housing that is not affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the real property is located for a period of 60 years from the date of the certificate of occupancy. SECTION 20. ORS 227.500 is amended to read: 227.500. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresiden- tial place of worship is allowed on real property under state law and rules and local zoning ordi- nances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including: (a) Worship services. (b) Religion classes. (c) Weddings. (d) Funerals. (e) Meal programs. (f) Child care, but not including private or parochial school education for prekindergarten through grade 12 or higher education. (g) Providing housing or space for housing in a building or buildings that [is] are detached from the place of worship, provided: Enrolled House Bill 2003 (HB 2003-C)Page 22 (A) At least 50 percent of the residential units provided under this paragraph are affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the real property is located; (B) The real property is in an area zoned for residential use that is located within the urban growth boundary; and (C) The housing or space for housing complies with applicable land use regulations and meets the standards and criteria for residential development for the underlying zone. (2) A city may: (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses au- thorized under subsection (1) of this section; or (b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transporta- tion, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section. (3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for prekindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. (4) Housing and space for housing provided under subsection (1)(g) of this section must be sub- ject to a covenant appurtenant that restricts the owner and each successive owner of [the]a build- ing or any residential unit contained in [the] a building from selling or renting any residential unit described in subsection (1)(g)(A) of this section as housing that is not affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the real property is located for a period of 60 years from the date of the certificate of occupancy. SECTION 21. ORS 455.062 is amended to read: 455.062. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical plans and specifications: (a) For structures of a type for which the provision of plans or specifications is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the application of ORS 672.002 to 672.325; and (b) Notwithstanding ORS 671.010 to 671.220 and 672.002 to 672.325, for structures that are metal or wood frame Use and Occupancy Classification Group U structures under the structural specialty code. (2) A Department of Consumer and Business Services employee, who is licensed or reg- istered under ORS 671.010 to 671.220 or 672.002 to 672.325, who is acting within the scope of that employment and who is providing typical plans and specifications under subsection (1) of this section, is not required to seal or sign the typical plans and specifications and is not subject to disciplinary action under ORS 671.010 to 671.220 or 672.002 to 672.325 based on providing those typical plans and specifications. [(2)] (3) A building official or inspector, as those terms are defined in ORS 455.715, when acting within the scope of direct employment by a municipality, may provide typical plans and specifica- tions for structures of a type for which the provision of plans or specifications is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the application of ORS 672.002 to 672.325. [(3)] This [section] subsection does not alter any applicable requirement under ORS 671.010 to 671.220 or 672.002 to 672.325 regarding stamps and seals for a set of plans for a structure. SECTION 21a. If Senate Bill 39 becomes law, ORS 455.062, as amended by section 2, chapter 97, Oregon Laws 2019 (Enrolled Senate Bill 39), and section 21 of this 2019 Act, is amended to read: 455.062. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications: Enrolled House Bill 2003 (HB 2003-C)Page 23 (a) For structures of a type for which the provision of drawings or specifications is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to 672.325; and (b) Notwithstanding ORS 671.010 to 671.220 and 672.002 to 672.325, for structures that are metal or wood frame Use and Occupancy Classification Group U structures under the structural specialty code. (2) A Department of Consumer and Business Services employee, who is licensed or registered under ORS 671.010 to 671.220 or 672.002 to 672.325, who is acting within the scope of that employ- ment and who is providing typical [plans] drawings and specifications under subsection (1) of this section, is not required to seal or sign the typical [plans] drawings and specifications and is not subject to disciplinary action under ORS 671.010 to 671.220 or 672.002 to 672.325 based on providing those typical [plans] drawings and specifications. (3) A building official or inspector, as those terms are defined in ORS 455.715, when acting within the scope of direct employment by a municipality, may provide typical drawings or specifi- cations for structures of a type for which the provision of drawings or specifications is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to 672.325. This subsection does not alter any applicable requirement under ORS 671.010 to 671.220 or 672.002 to 672.325 regarding stamps and seals for a set of plans for a structure. SECTION 21b. If Senate Bill 39 becomes law, section 3, chapter 97, Oregon Laws 2019 (Enrolled Senate Bill 39), is amended to read: Sec. 3. The amendments to ORS 455.062 and 672.060 by sections 1 and 2 [of this 2019 Act], chapter 97, Oregon Laws 2019 (Enrolled Senate Bill 39), and section 21a of this 2019 Act apply to work performed, and offers made, on or after the effective date of [this 2019 Act] chapter 97, Oregon Laws 2019 (Enrolled Senate Bill 39). SECTION 22.In addition to and not in lieu of any other appropriation, there is appro- priated to the Department of Land Conservation and Development, for the biennium begin- ning July 1, 2019, out of the General Fund, the amount of $1,000,000, to provide technical assistance to local governments to implement sections 4 to 6 and 15 of this 2019 Act and the amendments to ORS 197.296, 197.299, 197.303, 197.319, 197.320, 215.416, 215.441, 227.175 and 227.500 and section 1, chapter 47, Oregon Laws 2018, by sections 8 to 13 and 17 to 20 of this 2019 Act. SECTION 23.In addition to and not in lieu of any other appropriation, there is appro- priated to the Housing and Community Services Department, for the biennium beginning July 1, 2019, out of the General Fund, the amount of $655,274, for research, administration and reporting that relate to a regional housing needs analysis described in section 1 of this 2019 Act. SECTION 24.(1) Sections 4 to 6 of this 2019 Act and the amendments to ORS 197.296, 197.299, 197.303, 197.319 and 197.320 and section 1, chapter 47, Oregon Laws 2018, by sections 8 to 13 of this 2019 Act become operative on January 1, 2020. (2) The Land Conservation and Development Commission, the Department of Land Con- servation and Development and the Housing and Community Services Department may take any action before the operative date specified in subsection (1) of this section that is neces- sary for the departments and the commission to exercise, on or after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the departments and the commission by sections 4 to 6 of this 2019 Act and the amend- ments to ORS 197.296, 197.299, 197.303, 197.319, 197.320 and section 1, chapter 47, Oregon Laws 2018, by sections 8 to 13 of this 2019 Act. SECTION 25.This 2019 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2019 Act takes effect on its passage. Enrolled House Bill 2003 (HB 2003-C)Page 24 Passed by House June 26, 2019 .................................................................................. Timothy G. Sekerak, Chief Clerk of House .................................................................................. Tina Kotek, Speaker of House Passed by Senate June 30, 2019 .................................................................................. Peter Courtney, President of Senate Received by Governor: ........................M.,........................................................., 2019 Approved: ........................M.,........................................................., 2019 .................................................................................. Kate Brown, Governor Filed in Office of Secretary of State: ........................M.,........................................................., 2019 .................................................................................. Bev Clarno, Secretary of State Enrolled House Bill 2003 (HB 2003-C)Page 25 ______________________________________________________________________________________________ Housing Production Strategy Task Force Overview & Work Plan Page 1 of 5 Housing Production Strategy Task Force Ad Hoc Task Force Overview Draft December 7, 2022 BACKGROUND In 2019, the Oregon Legislature adopted House Bill 2003 (HB 2003), which requires cities to plan for housing. Specifically, the bill requires that Lake Oswego adopt an updated Housing Needs Analysis (HNA) by December 31st, 2023, and a Housing Production Strategy (HPS) within one year of the updated HNA’s adoption. (The current HNA was adopted in 2014 as part of the Comprehensive Plan Update adopted at that time.) This work is consistent with the 2022 City Council initiative to, “Complete work on key housing initiatives, including HB 2001 code adoption, HB 2003 compliance, decision-making on a possible project on the Boones Ferry Road Staging area, and support for other non-profit led housing projects,” On June 8, 2022, the City Council directed staff to issue a request for proposals (RFP) to solicit consultant services to assist with this work, and committed to appoint an Ad-Hoc Task Force to provide high-level policy guidance to the Planning Commission and City Council as the City identifies critical housing needs and recommends strategies to address them, per the requirements of HB 2003. The City has since contracted with a consultant team led by MIG to conduct this work, and, on October 4, 2022, the City Council appointed an ad-hoc Housing Production Strategy Task Force (“Task Force”) to provide guidance to staff and the Planning Commission as the City proceeds with HB 2003 compliance. House Bill 2003 HB 2003 was adopted during the same legislative session (2019) as House Bill 2001 (HB 2001), in order to help local jurisdictions meet the housing needs of residents throughout the state. The bill requires Oregon cities with over 10,000 residents to analyze the future housing needs of their community through an HNA and to develop strategies that promote the development of such needed housing through an HPS. In November 2020, the Land Conservation and Development Commission (LCDC) adopted implementing rules for HB 2003, which are contained in OAR 660-008-0045 through -0070. These rules established criteria for compliance, including the components that are required to be included within an HPS Report. Housing Needs Analysis The HNA, incorporated into a city’s comprehensive plan by ordinance, assesses housing need and capacity over a 20-year planning horizon. An HNA must include the inventory, determination, and ______________________________________________________________________________________________ Housing Production Strategy Task Force Overview & Work Plan Page 2 of 5 analysis required under ORS 197.296 (Factors to establish sufficiency of buildable lands within an urban growth boundary) (3): (3) In performing the duties under subsection (2) of this section, a local government shall: (a) Inventory the supply of buildable lands within the urban growth boundary and determine the housing capacity of the buildable lands; and (b) Conduct an analysis of existing and projected housing need by type and density range, in accordance with all factors under ORS 197.303 (“Needed housing” defined) and statewide planning goals and rules relating to housing, to determine the number of units and amount of land needed for each needed housing type for the next 20 years. The City last updated its HNA in 2013 as part of the Comprehensive Plan update the City adopted in 2014. The document is an appendix to the Complete Neighborhoods and Housing chapter of the Plan. The 2013 HNA found that the Lake Oswego Urban Services Boundary had an adequate amount of vacant, part-vacant, and redevelopable land area at that time to meet the then projected housing needs through the year 2035. The 2013 HNA also found there was sufficient vacant and redevelopable land to meet the projected need for detached single-family housing, and that the City could meet the projected need for attached housing primarily through redevelopment in existing medium- and high-density residential zones and mixed-use zones. The HNA recommended new strategies such as incentives or requirements for new development in the town centers to include a minimum number of housing units. The HNA also recommended strategies to help ensure a range of housing prices is maintained over time, particularly for residents earning less than 80 percent of the area median income (AMI). The City has since implemented the Complete Neighborhoods and Housing policies, and other HNA’s strategies, including creating incentives for the development of affordable housing for residents earning less than 80% of AMI. Additionally, the recent adoption of code amendments to comply with House Bill 2001 (HB 2001) expanded the range of housing types that can be accommodated throughout the City by allowing middle housing – including duplexes, triplexes, quadplexes, townhouses, and cottage clusters - in all residential zones. However, following national and regional trends, housing prices in Lake Oswego have continued to escalate faster than median household incomes. Considering these trends, it will be necessary for the City to continue to assess its progress in meeting an increased need for housing in order to determine the best approach moving forward – particularly as compared to the needs projected in 2013. Under the requirements of HB 2003, cities with over 10,000 residents within the Portland Metro Boundary are now required to update their HNA every six years. Though it has been more than six years since the City adopted its HNA, DLCD has released an HNA Adoption Schedule requiring that Lake Oswego adopt an updated HNA by December 31st, 2023. ______________________________________________________________________________________________ Housing Production Strategy Task Force Overview & Work Plan Page 3 of 5 Housing Production Strategy HB 2003 also requires that cities adopt an HPS within one year of the date of HNA adoption. The HPS must identify a set of specific tools, actions, and policies that the City will utilize in order to address the housing needs identified in the HNA, as well as a timeline for adopting and implementing each strategy. As outlined in OAR 660-008-0050, there are five major components of an HPS: 1. Contextualized Housing Need – Identify the relevant social and demographic trends, existing adopted measures, market conditions, barriers to housing, and housing needs of underrepresented populations; 2. Engagement – Conduct meaningful engagement with both consumers and producers of needed housing; 3. Strategies to Meet Future Housing Need – Outline the strategies proposed to meet housing need, including a timeline for adoption, a timeline for implementation, and the anticipated depth and breadth of the impact of the strategies; 4. Achieving Fair and Equitable Housing Outcomes – Describe how the proposed strategies will achieve equitable outcomes with respect to location / transportation, fair housing, housing choice, homelessness, opportunities for affordable housing, and gentrification / displacement; and 5. Conclusion – Address any opportunities or constraints associated with adoption of the elements of proposed strategies, provide a detailed list of actions to implement the strategies, and describe which metrics will be used to measure progress. The HPS review process will be managed by the Oregon Department of Land Conservation and Development (DLCD), who will review and approve an HPS based on the accuracy and sufficiency of the strategies being proposed, considering the factors as outlined in OAR 660-008-0055:  Unmet housing need;  The proportion of households identified as severely rent-burdened;  Recent housing development;  Recent adoption of an HPS or implementation of actions therein;  City response to addressing needs of those experiencing homelessness;  Increased access to housing opportunity;  Elimination of barriers to fair and equitable housing options; and  Other relevant attributes that the Oregon Land Conservation and Development Commission deems to be relevant. Cities are also required to provide updates to DLCD at “mid-term checkpoints” every three years in order to evaluate the progress and effectiveness of their HPS. This process will ask cities to reflect upon which strategies were successful, which were not successful, and to identify ways for cities to modify their strategies to ensure housing needs are adequately being addressed. ______________________________________________________________________________________________ Housing Production Strategy Task Force Overview & Work Plan Page 4 of 5 HB 2003 does not provide a prescriptive set of strategies that cities must adopt. However, to help cities as they produce HPS Reports for compliance with HB 2003, DLCD compiled a list of potential housing production strategies that jurisdictions can select from in order to promote housing production within their community. The HPS Program List of Tools, Actions and Policies includes options that are broken out into distinct categories for easy reference, ranging from zoning and code changes to financial incentives, financial resources, reducing regulatory impediments, tax exemption and abatement, and securing land for needed housing. The HPS Task Force is tasked with recommending options that best meet Lake Oswego’s housing needs, taking into consideration existing policies, programs, and resources. Policy Direction The City has taken several actions toward expanding housing options since adoption of the 2013 Housing Needs Analysis, including:  Adoption of Clear and Objective Housing Standards;  Streamlined development standards and permit process for accessory dwelling units (ADUs) (Ordinance 2784);  Waiver of systems development charges (SDCs) for ADUs and multifamily affordable housing developments (Ordinance 2810);  Rezoning of public and privately-owned properties to allow multifamily development with affordable housing under a voluntary inclusionary housing policy;  Land banking and sale of City-owned property for development of affordable housing;  Advocacy for affordable housing, including securing federal American Rescue Plan Act (ARPA) funds for for-sale affordable units;  Funding of public infrastructure improvements associated with affordable housing development;  Inclusion of a percentage of affordable housing in the North Anchor Redevelopment project; and  Adoption of code amendments to permit middle housing in all zones that allow the development of detached single-family dwellings (Ordinance 2982). Over the last three years, the City has permitted or is assisting with the development of approximately 180 affordable housing units, including both for-sale and rental units for those earning <30% - 80% AMI. In 2020, the Council approved a proposal to add affordable multi-family dwellings as a permitted use in the Campus Institutional zone at the former Marylhurst University Campus site, and earlier this year Mercy Housing Northwest broke ground on 100 units of affordable multi-family housing for residents earning 60% of AMI or less at the site. Following a similar rezoning on the west side of Lake Oswego, the Council approved an intergovernmental agreement with Metro to sell a City-owned property on Boones Ferry Road (formerly used for construction staging) for the development of approximately 50 affordable housing units for those earning <30% - 80% AMI. In the same general area, the City helped secure ARPA funds and has also allocated $800,000 in City funds for public ______________________________________________________________________________________________ Housing Production Strategy Task Force Overview & Work Plan Page 5 of 5 infrastructure in support of a Habitat for Humanity development comprised of 23 affordable for-sale townhomes. As noted, the Lake Oswego City Council currently has a goal to “Conserve the community’s quality of life by planning for growth and change,” and an initiative to “Complete work on key housing initiatives, including HB 2003 compliance.” The Council and Planning Commission recently provided direction to proceed with a multi-phased work plan to amend the City’s Comprehensive Plan in order to comply with the housing production strategy requirements of the bill. WORK PLAN / MEETING SCHEDULE The HPS Task Force is expected to meet six times during the course of the HNA and HPS processes to provide guidance on key elements of the project. Following is a proposed preliminary schedule of meetings and agenda topics. The schedule and topics may be refined to some degree as we move forward with the project. 1. Kickoff Meeting – December 16, 2022 a. Establish the organization and management of the Task Force i. Member introductions ii. Elect a chair and vice-chair iii. Adopt bylaws (including how decisions will be made) b. Reach a common understanding of the project i. Project overview ii. Review work plan and schedule c. Discuss and confirm desired outcomes 2. Meeting #2 – March 2023 (date/time TBD) a. Review and provide input on the Draft Housing Needs Projection, Draft Residential Buildable Lands Inventory, and Draft Residential Land Needs Analysis 3. Meeting #3 – June 2023 (date/time TBD) a. Discuss and evaluate housing strategy alternatives that address the needs identified in the updated Draft Housing Needs Analysis 4. Meeting #4 – September 2023 (date/time TBD) a. Continue discussion and evaluation of housing strategy alternatives that address the needs identified in the updated Draft Housing Needs Analysis 5. Meeting #5 – December 2023 - January 2024 (date/time TBD) a. Discuss and provide input on Housing Strategy Alternatives memo b. Discuss and/or refine Housing Production Strategy recommendations 6. Meeting #6 – May 2024 (date/time TBD) a. Finalize Housing Production Strategy recommendations Resolution 22-30 RESOLUTION 22-30 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL CREATING AN AD HOC HOUSING PRODUCTION STRATEGY TASK FORCE, AND OF THE COUNCIL MEMBERS APPROVING THE MAYOR’S APPOINTMENTS TO THE AD HOC HOUSING PRODUCTION STRATEGY TASK FORCE WHEREAS, a goal of the Lake Oswego City Council is to “Conserve the community’s quality of life by planning for change and growth”; and WHEREAS, a City Council initiative is to “Complete work on key housing initiatives, including HB 2001 code adoption, HB 2003 compliance, decision-making on a possible project on the Boones Ferry Road Staging area, and support for other non-profit led housing projects”; and WHEREAS, the City Council desires to create an Ad Hoc Housing Production Strategy Task Force (the “Task Force”) consisting of persons interested in helping the City Council and Planning Commission identify critical housing needs and recommend strategies to address them in order to reach compliance with House Bill 2003; and WHEREAS, the Mayor has proposed appointing those listed on Attachment 1 to this Resolution as members of the Task Force, and as provided in the Lake Oswego City Charter, Section 19, the Mayor shall appoint, with the approval the Councilors, the members of all City committees, including task forces; BE IT RESOLVED by the Lake Oswego City Council that: Section 1. As authorized by LOC 12.50.005 and 12.50.010, there is hereby created an Ad Hoc Housing Production Strategy Task Force. Section 2. The term of the Task Force will be from the date of this resolution through June 30, 2024, unless concluded earlier or extended by a resolution of the City Council. Section 3. The Task Force is charged with making recommendations to the City Council and Planning Commission consistent with the following objectives: • Conserve the community’s quality of life by planning for change and growth; • Ensure compliance with HB 2003 (House Bill 2003-Housing Needs and Production); • Provide guidance to staff and the Planning Commission as the City identifies current and future housing needs and develops strategies to address them; • Follow a schedule that allows the Planning Commission to consider Comprehensive Plan amendments to update the City’s Housing Needs Analysis by September 2023, so that the City Council may adopt an HB 2003-compliant Housing Needs Analysis no later than December 2023; • Follow a schedule that will allow the Planning Commission to consider housing production strategy alternatives by February 2024, so that the City Council may adopt HB 2003-compliant Comprehensive Plan amendments and take other action, as needed, to develop a Housing Production Strategy and Implementation Plan within one-year of Resolution 22-30 the adoption of the updated Housing Needs Analysis. Section 4. The Task Force shall recommend outreach strategies, Comprehensive Plan amendments, and other actions to update the City’s Housing Needs Analysis and develop a Housing Production Strategy and Implementation Plan, consistent with the above objectives. The Committee’s work shall be accomplished in regular meetings from October 2022 through June 2024. Section 5. At its first meeting, the Task Force shall elect a Chair and Vice Chair, as provided in LOC 12.50.025. The Committee shall follow all provisions of LOC Article 12.50 that apply to ad hoc committees, except that, instead of requiring a simple majority of the members present and eligible to vote to decide any question [LOC 12.50.030(2)], a vote by two-thirds of the members present and eligible to vote will be required to decide any question. Section 6. The Task Force shall comply with all requirements of Oregon Public Meetings Law, ORS 192.610 et seq. Section 7. Any member who is absent for two consecutive meetings of the Task Force is automatically removed from the Committee and new members will not be appointed to fill their positions. Section 8. The Councilors hereby approve the Mayor’s appointment of the persons identified on Exhibit A to the Task Force (the Mayor’s vote on this Resolution shall not deemed to apply to this Section). Section 9. This Resolution shall be effective immediately upon its adoption by the City Council. // // [Signatures on Next Page] EXHIBIT A TO RESULUTION 22-30 The persons appointed to the Housing Production Strategy Task Force are as follows: 1. City Council Liaison (non-voting): Mayor Joseph M. Buck 2. Planning Commission Liaison (non-voting): Phillip Stewart 3. 50+ Advisory Board Representative: Douglas Corder 4. Transportation Advisory Board Representative: Kasey Adler 5. Development Review Commission Representative: Bruce Poinsette 6. At-large Member – Housing producer: Sarah Walker 7. At-large Member – Housing producer: David Tangvald 8. At-large Member – Housing producer: Phil Bertrand 9. At-large Member – Housing consumer: Kyrsten Baumgart 10. At-large Member – Housing consumer: Yoko Kinoshita 11. At-large Member – Housing consumer: Betty Jung 12. At-large Member – Housing consumer: Cara Kao-Young 13. At-large Member – Housing consumer: Rebecca Lane 14. At-large Member – Housing consumer: John E. Pauley 15. At-large Member – Housing consumer: Rosalie Nowalk 16. At-large Member – Housing consumer: Pat Ginn 17. At-large Member – Housing consumer: Diana Howell 18. At-large Member – Housing consumer: John Turchi Page 1 Task 1 – Project Kickoff City staff will work with the selected Consultant to familiarize them with the proposed project and local conditions, providing relevant documents, maps, and history related to the project. The Consultant will work with City Staff to develop and refine a schedule based upon a mutual understanding of project goals and objectives, and will coordinate with City staff to lead a Kickoff Meeting with the HPS Task Force. Subtasks: 1.1 Research and information gathering. The City shall provide the Consultant with relevant background information and documents, maps, and plans, including, but not limited to: • City of Lake Oswego Comprehensive Plan, including 2013 Housing Needs Analysis and Economic Opportunities Analysis • Planning permit application data for last 5 years • Residential zone change data for last 5 years • Boones Ferry Road Affordable Housing Initiative – Values Summary (2022) • Lake Oswego Neighborhood Character Report (2021) • Lake Oswego Middle Housing Opportunities Report (2021) • Summary of SB 4006 (2018) Public Meeting on Rent Burden (2019) • Geographic Information Systems data • Lake Oswego Community Development Code (LOC Ch. 50) [Ordinances can be found under the Code’s table of contents, “Ordinance Table”, following Chapter 60. Click on the PDF icon.] The Consultant shall obtain necessary background information and documents from relevant agencies, including the most recent versions of, but not limited to: • Applicable Metro Regional Population and Employment Range Forecasts • Most recent Metro Urban Growth Management Report • Housing affordability indices, including relevant data from the Housing Authority of Clackamas County and Oregon Department of Housing and Community Services 1.2 Refine project schedule. The Consultant shall work with City staff to confirm the objectives of the project and refine a proposed project schedule. 1.3 Develop plan for public involvement: The selected Consultant will develop a Public Involvement Plan that focuses on how to productively engage housing consumers within the City through methods such as public events, interviews, focus groups, surveys, or other similar efforts. Public engagement shall prioritize underrepresented communities, including renters; low-income households; seniors; people with disabilities; persons of color; immigrant or refugee communities; formerly or currently homeless people; and individuals with limited English proficiency. City staff will provide the selected Consultant with a list of groups and organizations that need to be engaged through the course of the project. Public engagement efforts shall build upon the City’s previous housing-related outreach related to House Bill 2001 and affordable housing, and Page 2 should be coordinated with the event(s) required under HB 4006 for severely rent burdened communities. Stakeholders also include those who are currently developing affordable housing in Lake Oswego, including the Mercy Housing Northwest (Marylhurst Commons) and Habitat for Humanity (West Lake Grove townhomes), and others who are assisting the City and Metro in planning for development of affordable housing. See the Boones Ferry Road Affordable Housing Initiative. 1.3 Create outreach materials. The selected Consultant will create graphic and written materials to help educate the community about the goals and objectives of the project, including a description of the basic elements of a Housing Needs Analysis (HNA) and Housing Production Strategy (HPS), and how this planning effort could help improve the availability of needed housing within the community. The City will host a project webpage, with the Consultant being responsible for producing informational materials in a format suitable for use as both website content and handouts. 1.4 Establish Housing Production Strategy Task Force. The City will recruit and appoint members of a Housing Production Strategy Task Force (HPS Task Force) in order to provide guidance throughout the course of the project. 1.5 Host kickoff meeting. Consultant will facilitate HPS Task Force Meeting No. 1 to provide an overview of the project, solicit feedback on the draft public engagement plan, discuss and confirm desired outcomes, and review the project schedule. City staff will prepare minutes for all task force meetings, and the selected Consultant will be responsible for drafting summaries of surveys, focus group discussions, and other engagement opportunities. Task 1 Meetings: • PMT kickoff meeting • HPS Task Force kickoff meeting Task 1 Consultant Work Products: • Project schedule • Public Involvement Plan • Summary of major tasks, including technical memorandums and outreach events • Presentation and other materials for HPS Task Force meeting Task 2 – Draft Housing Needs Analysis Subtasks: 2.1 Draft Housing Needs Projection. The Consultant will prepare a draft housing needs projection consistent with OAR Chapter 660, divisions 7 and 8. The housing needs projection will be used to determine the City’s residential land need in Task 2.3 and is a baseline set of data that the Consultant will build upon to contextualize current and future housing needs for the Housing Production Strategy (HPS), considering population and market trends. Analysis of contextualized housing needs will include: • Socio-economic and demographic trends of a jurisdiction’s population, disaggregated by race to the extent possible with available data; Page 3 • Market conditions affecting the provision of needed housing, including demand for seasonal housing, as applicable; • Existing and expected barriers to the development of needed housing; • Housing need for those experiencing homelessness, using the best available data; • Percentage of Rent-Burdened Households; • Household income; • Household size; • Housing by Tenure (owner vs renter); • Percentage of housing stock that is market rate vs. subsidized; and • Units that are in the development pipeline by housing type and affordability if subsidized. The Consultant will develop a draft of the housing needs projection and a framework outlining the socio-economic and demographic data. The analysis will be vetted with, and draw upon, information gathered through engagement with housing consumers, including underrepresented communities, before being presented at HPS Task Force Meeting No. 2. The Consultant will address HPS Task Force comments and draft a Contextualized Housing Needs Memorandum, which will later become a section of the HPS. The City will review and provide feedback to the Consultant on the draft work products, assist with coordinating and facilitating outreach and engagement, and provide staff support for the HPS Task Force, including preparation of meeting notices, agendas, and minutes for HPS Task Force Meetings Nos. 2 and 3. The Consultant will coordinate all meeting materials, including presentations with the City’s project manager and facilitate the meetings. The Consultant should be prepared to present multiple deliverables at each meeting in order to keep the project on schedule. 2.2 Draft Residential Buildable Lands Inventory (BLI): The selected Consultant will prepare a draft inventory of the supply of buildable lands and a determination of the actual density/mix of housing consistent with OAR Chapter 660, Division 8. The draft report shall include map(s) showing vacant, partially developed and redevelopable lands where needed housing is allowed; and an inventory report describing the methodology. The development of the BLI shall be a combined effort between the Consultant and the City with input from the HPS Task Force. It is envisioned that the Consultant will provide technical and other recommendations to refine the draft BLI and ensure that it is consistent with DLCD’s Workbook. The City shall provide the GIS resources and staffing to refine the inventory. The City is the lead for coordination with Metro, the County, and DLCD, with the Consultant providing support and participating in meetings with the agencies as needed. The City will schedule and provide notice and an agenda for HPS Task Force Meeting No. 4 to review the draft BLI. The Consultant will coordinate with City on all materials, including the presentation with the City’s project manager and facilitate the meeting. 2.3 Draft Residential Land Needs Analysis (RLNA). The Consultant shall prepare a Residential Land Needs Analysis that incorporates local, regional, and state housing and income data and is consistent with and builds upon the methodology described in DLCD’s Planning for Residential Growth: A Workbook for Oregon’s Urban Areas. The RLNA shall project housing units needed by housing type and density over the 20-year planning period, including housing affordable to those earning less than the area median income. Page 4 The RLNA shall include but not be limited to the following: a. Population Projection / Base Case Housing Unit Projection – Estimate the additional housing units (type and density) required for a 20-year period. Using a 20-year projection to 2030, the Consultant shall determine a “base case” housing units needs by using the most up-to-date and available information from the US Census, Portland State University Center for Population Research and Census, Metro, and/or other reliable sources. b. Demographic and Economic Trend Analysis – Identify relevant economic and household trends that relate to the demand for different types of housing. The Consultant shall rely on the most up-to-date and available information from the US Census, Portland State University Center for Population Research and Census, Metro, and/or other reliable sources to examine historical demographic and economic trends at the local, county, and statewide level. c. Identify Affordable Housing Types and Allocations – Determine the types of housing that are likely to be affordable to the projected households based on household income. d. Identify Needed Densities by Plan Designation / Zoning District – Estimate the number of additional needed units by structure type. 2.4 Prepare Final HNA Report. Following review by staff and revisions as needed, the consultant will prepare a final draft of the Housing Needs Analysis Report and present it to the HPS Task Force, Planning Commission, and City Council. The consultant will summarize HPS Task Force comments on the draft and make any minor updates to the draft following Task Force review. Following public review and comment, the consultant will produce a final version of the HNA Report. The Final HNA Report will contain an Executive Summary and narrative, tables, and maps describing the city’s existing housing stock, projected housing needs, and other data, conclusions, and recommendations from the preceding tasks. The Consultant will present the Final HNA report at one public workshop or open house to solicit input from the public. The consultant will coordinate all meeting materials and the presentation with City staff. Task 2 Meetings: • PMT Meetings (5 total) • HPS Task Force Meetings (3 total) • Public Workshop or Open House Task 2 Consultant Work Products: • Draft and Final Housing Needs Analysis Report, including: o Executive Summary o Housing Needs Projection; o Residential Buildable Lands Inventory; o Residential Needs Analysis; and Page 5 o Conclusions and Recommendations. • Presentation and other materials for all meetings Task 3: Housing Production Strategy 3.1 Evaluate existing housing strategies. The consultant will review the policies and other measures already adopted by the City for their effectiveness in promoting the development of needed housing. The City will identify and provide all available information about existing relevant measures. The consultant will also interview key City staff and up to eight (8) housing producers and/or service providers to seek input on existing policies and programs, and potential new strategies for housing. This input will be used to identify strategy alternatives to address the most housing and residential land needs as determined in previous tasks. 3.2 Outline housing strategy alternatives, which shall be summarized in a Housing Strategy Alternatives Memo. The Consultant shall draft a Housing Strategy Alternatives Memo addressing any changes to the City’s comprehensive plan, public facility master plans, land use regulations, fees, and other policies and programs, as applicable, that would be most effective in supporting the production of needed housing. For example, the Memo might identify strategies for prioritizing infrastructure investments, amendments to zoning and development standards, and new incentives (regulatory or financial) to encourage the production of needed housing, considering the results of previous tasks. The Consultant will present the Memo to the HPS Task Force in two meetings in order to introduce the housing strategy alternatives and receive input. The consultant will coordinate with the City on all meeting materials and presentations with City staff, and facilitate the HPS Task Force meetings. 3.3 Refine housing strategy recommendations. The consultant will work with City staff and the HPS Task Force to refine the list of alternative housing strategy options developed in Task 3.2 in an Initial Housing Strategy Recommendations Memo, pursuant to direction from the Planning Commission and City Council. The Consultant shall draft a Housing Strategy Recommendations Memo with a refined list of strategies based on input from Task 3.2. The Consultant will also attend and present this Memo at 2 HPS Task Force meetings for review and input in order to develop a preferred list of strategies for inclusion in the HPS. Recommended strategies will be presented to the Planning Commission and City Council for further direction. The City will schedule and provide notice and an agenda for each HPS Task Force meeting. The consultant will be expected to coordinate all meeting and presentation materials with City staff, and facilitate the meetings. The HPS Task Force may review more than one strategy option at each meeting. The Consultant shall provide a brief paper, case study, or similar written description illustrating each strategy, as generally outlined below. For the strategies that are recommended for inclusion in the City’s HPS, the consultant will produce the following for each strategy within the Initial Housing Strategy Recommendations Memo, based on the consultant’s evaluation, input from staff, and feedback gathered through outreach and engagement: Page 6 • A description of the strategy; • Identified housing need being fulfilled and analysis of the income and demographic populations that will receive benefit and/or burden from the strategy, including low- income communities, communities of color, and other communities that have been discriminated against, according to fair housing laws; • Approximate magnitude of impact, including (where possible/applicable) an estimate of the number of housing units that may be created, and the time frame over which the strategy is expected to impact needed housing; • Timeline for adoption and implementation; • Actions necessary for the local government and other stakeholders to take in order to implement the strategy; • Potential cost and funding source options; • Feasibility of the strategy based on a general assessment of opportunities and constraints. 3.4 Draft Housing Production Strategy (HPS) Report. The consultant will prepare a first draft of a Housing Production Strategy Report for City review and feedback. The consultant’s analysis will be informed by the recommendations contained in the HNA, and shall be developed in consultation with the HPS Task Force, the Planning Commission, and the City Council before being synthesized into a draft HPS. The HPS Report is to incorporate the results of Tasks 3.1, 3.2, and 3.3, including an explanation of how the City’s existing measures and final proposed strategies help to achieve fair and equitable housing outcomes, affirmatively further fair housing, and overcome discriminatory housing practices and racial segregation. HPS Report shall include: 1. A qualitative assessment of how the strategies collectively address the contextualized housing needs identified in the HNA and, taken collectively, will increase housing options for population groups experiencing a current or projected disproportionate housing need, including: o Existing City policies, codes, and programs; o Proposed actions; 2. An explanation for any identified needs not otherwise addressed above; and 3. An outline the City’s plan for monitoring progress on the housing production strategies. 3.5 Finalize the HPS for adoption as an appendix to the Comprehensive Plan. Following review by staff and revisions, as needed, the consultant will produce a public review draft of the Final HPS Report for review and comment by the HPS Task Force, Planning Commission, City Council, and other interested parties. The consultant will summarize the HPS Task Force comments on the draft and make any minor updates to the draft as required. Following public review and comment, the consultant will produce a final version of the HPS Report. Page 7 The City will host one public open house or similar meeting to present and receive feedback on the key strategies outlined in the draft HPS. The consultant will assist staff with the presentation. Task 3 Meetings: • PMT Meetings (4 total) • HPS Task Force Meetings (2 total) • Public Workshop or Open House Task 3 Work Products: • Housing Strategy Alternatives Memo • Initial Housing Strategy Recommendations Memo • Draft and Final Housing Production Strategy Report • Presentation and other materials for public workshop or open house event City of Lake Oswego Housing Needs Analysis Page 1 Public Involvement Plan DRAFT – January 2023 Introduction The City of Lake Oswego is updating its Housing Needs Analysis to reflect current conditions in the City and projected future needs. This Public Involvement Plan describes the roles of City staff and the consultant team in engagement efforts, with the intent of making efficient use of consultant time while helping the City deepen its relationships with the community it serves. These engagement efforts will prioritize underrepresented communities within the city, including (as applicable to Lake Oswego) Black, Indigenous and People of Color; renters; low-income households; immigrant or refugee community members; veterans; people with disabilities; seniors; agricultural workers; and people currently experiencing homelessness or who formerly experienced homelessness. The engagement will be coordinated with other events, including those required under 2018’s House Bill 4006.1 This document provides a working list of the public involvement activities proposed as part of the Lake Oswego Housing Needs Assessment (HNA). It is intended as a living document and may be updated as the project progresses. Project Schedule A detailed project schedule is being developed. Initial thinking about milestones as they relate to public involvement are shown below. They are generally organized into two phases. Phase 1: Buildable Land and Housing Need – October 2022 to June 2023  Task 1. Project Kickoff: October 2022 – December 2022  Task 2. Draft Housing Needs Analysis: November 2022 – March 2023  Task 3. Residential Buildable Lands Inventory: November 2022 – March 2023  Task 4. Residential Land Needs Analysis: March – May 2023  Task 5. Final Housing Needs Analysis Report: May – July 2023 Phase 2: Housing Strategies – June 2023 to March 2024  Task 6. Housing Strategies Alternatives: July – November 2023  Task 7. Housing Strategies Recommendations: November 2023– January 2024  Task 8. Housing Production Strategies Report: January – March 2024 Desired Project Outcomes The public engagement as part of this effort is intended to: 1 Housing Production Reporting https://www.oregon.gov/lcd/UP/Pages/Reporting.aspx City of Lake Oswego Housing Needs Analysis Page 2  Inform the public about City activities  Involve stakeholders by asking relevant questions and telling the public how their answers influenced the project.  Empower participants to help shape City policy on important topics. Engagement Methods The following methods are proposed to engage the community during this process. Housing Production Strategy Task Force (HPS Task Force) The City will convene a Housing Production Strategy Task Force to guide this project.  Membership. The HPS Task Force will include individuals from a diverse range of backgrounds, identities, income ranges, and professions. The goal of convening such a body is to hear a wide range of opinions and ideas and develop recommendations that represent them.  Meetings. The HPS Task Force will meet a total of 5 times – three times on items related to the Draft Housing Needs Analysis Report (Task 2) and two times on items related to the Housing Production Strategy Report (Task 3). Meetings may be in person or virtual, hybrid, or some combination thereof.  Role. The role of the HPS Task Force will be to guide the process by reviewing draft materials, providing feedback related to their personal or professional experience and opinions, and informing the broader public about this process through their individual networks. At their December 2022 meeting, the HPS Task Force elected a chair and vice chair and adopted a set of bylaws. This information can be found on the City’s website. Public Workshops/Open Houses Two online workshops or open houses will be held as part of this effort, one with a focus on items related to the Draft Housing Needs Analysis Report (Task 2) and one focused on items related to the Housing Production Strategy Report (Task 3). Meeting Topics  Task 2 Workshop/Open House. This open house will address Buildable Lands Inventory, Housing Needs Projection, and resulting analysis. These elements of the Housing Needs Analysis provide a picture of the City’s current land base, existing and future demographics, and a projection of needed housing. The broader public will be invited to comment on these technical materials, as well as describe what they think the community’s priorities on housing overall should be. This input will inform the priorities and strategies that come as part of the following task.  Task 3 Workshop/Open House. This open house will present a draft set of recommended Housing Production Strategies which the City can undertake to meet housing needs and the priority, timing, costs, and implementation thereof. Meeting Logistics  Meetings are expected to take the form of online surveys that summarize material and guide participants through a set of questions. An in-person component where this material is presented on poster boards, with a printed-out version of the survey also could be an alternative option. City of Lake Oswego Housing Needs Analysis Page 3 Stakeholder Interviews Additional stakeholder interviews with community members and housing partners may be conducted to supplement the expertise and experience of the Housing Task Force. Project Website The City of Lake Oswego will host a website that describes the project and lets the public access draft documents as they are available. The website will provide a link to a comment form and/or direct email contact for the project. Consultant will provide information for the website. Additional Outreach Materials Additional engagement efforts may include:  Preparation of materials such as “fact sheets” or other short documents that highlight housing issues, challenges, and potential solutions  Presentation materials for community group or stakeholder meetings  Brief online surveys conducted as part of other efforts or on their own. We expect that these materials will incorporate infographics and other illustrations wherever possible to convey information quickly and intuitively and provide visual examples of housing conditions and successful strategies in Lake Oswego and other similar communities. Key Messages These key messages summarize the what, who, when, where, why, and how of the process, and constitute the basic talking points when communicating with the public about the project. The entries below are a first draft for early phases of the process—they will change and expand as the project evolves.  What: The City of Lake Oswego is preparing a Housing Needs Analysis (HNA) and Housing Production Strategy (HPS). This work will describe current housing conditions and plan for how to address future housing needs, including specific actions that the City and its partners can take to increase the production of needed housing.  Who: All residents of the City are encouraged to participate in this planning process and will have many opportunities to provide input, including at Housing Task Force meetings, online community open houses, and via the City’s website, by phone, or email. Regional housing partners will also be included in the creation of this plan.  When: This effort began in late 2022 and will conclude in early 2024.  Where: This effort specifically addresses the land inside the City of Lake Oswego.  Why: Cities in Oregon are required to plan for the housing needs of all community members, and to identify specific actions to ensure that needed housing is produced.  How: This process will be guided by a Housing Task Force, with a diverse membership representing the Lake Oswego community. It will include an analysis of residential land in the City, a projection of needed housing, and an evaluation of strategies that the City can use to meet its current and future housing needs. City of Lake Oswego Housing Needs Analysis Page 4 Key Stakeholders The City has identified the following stakeholders: Builders Advisory Group. This is a group of housing industry stakeholders that the City of Lake Oswego has reached out to for other projects. These are subject matter experts with diverse opinions and roles in the world of housing; they will be involved on technical matters. Affordable Housing Stakeholders. This group was part of recent affordable housing outreach done by the City. They represent affordable housing advocates, those seeking affordable housing, and neighbors of affordable housing developments. Neighborhood Associations. Lake Oswego has several official Neighborhood Associations. Members of these associations will be invited to participate, and where possible brief presentations can be made to these organizations to introduce the project and get input. ______________________________________________________________________________________________ Housing Production Strategy Task Force Charge Statement and Bylaws Page 1 of 6 Housing Production Strategy Task Force Ad Hoc Task Force Charge Statement & Bylaws Adopted – December 16, 2022 TASK FORCE CHARGE See Resolution 22-30, attached. TASK FORCE COMPOSITION The Housing Production Strategy Task Force consists of the members appointed by City Council in Attachment 1 to Resolution 22-30, pursuant to Resolution 22-30 (Resolution attached). A Task Force Chair and Vice-Chair will be selected by the group. Given the limited timeframe of the Task Force’s work, in the event that a member cannot serve out the term of this appointment or fulfill their responsibilities, no alternate will be chosen to fill the vacancy unless directed by the City Council. Any member who has two unexcused consecutive absences is automatically removed from the Task Force, and new members will not be appointed to fill their positions. MEMBER RESPONSIBILITY The Housing Production Strategy Task Force will be making recommendations to City Council that will also serve as guidance to the Planning Commission, as provided in Resolution 22-30. The Task Force is expected to:  Review the Lake Oswego Neighborhood Character Report (2021), the Middle Housing Opportunities Report (2021), the Middle Housing Code Advisory Committee (MHCAC) Key Issues Summary Memo (2021), and the City’s Comprehensive Plan – including the 2013 Housing Needs Analysis and Economic Opportunities Analysis.  Review documents produced by the Oregon Department of Land Conservation and Development (DLCD) relevant to housing needs and production, including: the Oregon Administrative Rules for House Bill 2003 (OAR 660-008-0045 through -0070); the List of Tools, Actions, and Policies for the Housing Production Strategy Program; the Anti-Displacement and Gentrification Toolkit; and other information and resources available through DLCD’s Housing Needs website.  Come to meetings prepared to give thoughtful input.  Listen carefully and with an open mind; respect one another and City staff, and accept differences of opinion with a goal of understanding the interests of all members.  Ask questions and make informed recommendations to advance the project forward. ______________________________________________________________________________________________ Housing Production Strategy Task Force Charge Statement and Bylaws Page 2 of 6  Review and comment on materials provided for each Task Force meeting. Make recommendations at key junctures throughout the process.  Strive for reaching consensus among the Task Force based on support for proposals as a whole.  Assist in informing the community about state requirements under House Bill 2003 (HB 2003), which include an update to the City’s Housing Needs Analysis and the development of a new Housing Production Strategy to address the City’s housing needs.  Solicit input from and represent their stakeholder groups as appropriate. PROJECT STAFF RESPONSIBILITY City staff and project consultants will do the following to support the Housing Production Strategy Task Force process:  Support the Task Force Chair in facilitating a transparent and inclusive process where all participants are heard.  Provide the Task Force with relevant, factual information in a timely manner and readily understandable format to facilitate decision-making.  Prepare meeting agendas in consultation with the Task Force chair, and prepare meeting summaries that focus on discussion topics and key agreements.  Maintain a project web page and central file repository where the Task Force and public can access all meeting materials and key work products.  Provide opportunities for the public to provide input, and make public comments available to the Task Force, decision-makers and public.  Be accessible and responsive to questions and ideas from the Task Force. QUORUMS AND DECISIONS At its first meeting, the Task Force shall elect a Chair and Vice Chair, as provided in LOC 12.50.025. The Task Force shall follow all provisions of LOC Article 12.50 that apply to ad hoc committees, except that, instead of requiring a simple majority of the members present and eligible to vote to decide any question [LOC 12.50.030(2)], a vote by two-thirds of the members present and eligible to vote will be required to approve a policy recommendation. Members shall strive for consensus and may use straw poll, interactive/instant polling, or consensus voting procedures to gauge members’ opinions. For controversial issues, the Task Force may include a minority opinion with the majority recommendation. Where the Task Force does not reach consensus on a particular issue a roll-call vote shall be taken. ______________________________________________________________________________________________ Housing Production Strategy Task Force Charge Statement and Bylaws Page 3 of 6 TIMEFRAME Pursuant to Resolution 22-30, attached, the Task Force is tasked with:  Recommending Comprehensive Plan amendments to update the City’s Housing Needs Analysis by September 2023, so that the City Council may adopt an HB 2003-compliant Housing Needs Analysis no later than December 2023; and  Evaluating housing production strategy alternatives and producing recommendations by February 2024, so that the City Council may adopt HB 2003-compliant Comprehensive Plan amendments and take other action, as needed, to develop a Housing Production Strategy and Implementation Plan within one-year of the adoption of the updated Housing Needs Analysis. PUBLIC RECORDS Regular meetings of the Task Force will be held by Zoom. All meetings will be subject to the requirements of Oregon Public Meetings Law, ORS 192.610 et seq. All meetings will be recorded and video of the meetings will be posted to the project website for public observation. ______________________________________________________________________________________________ Housing Production Strategy Task Force Charge Statement and Bylaws Page 4 of 6 HOUSING PRODUCTION STRATEGY TASK FORCE MEETING BYLAWS I. Commitment to Decision-making Process The Ad Hoc Task Force (“Task Force”) will endeavor to reach consensus on recommendations to comply with state middle housing requirements. A consensus process will enable the members to freely discuss issues and to arrive at a decision. Consensus is a participatory process whereby, on matters of substance, the members strive for agreements that they can accept, support, live with, or agree not to oppose. Consensus means that no members voiced objection to the position and they agree not to oppose the position. Expectations for the decision-making process include: A. The Task Force agrees that consensus has a high value and that the members should strive to achieve it. B. The commitment to work for consensus means that members will participate in the give-and-take of the process in a way that seeks to understand the interests of all, and will work together to find solutions workable for all. C. When consensus cannot be reached, the facilitator or chair may initiate or entertain a motion to vote on the issue. Members may make motions and seconds. All motions must be seconded to be acted upon. D. Votes shall be taken by all present participating members. A vote by two-thirds of the members present and eligible to vote will be required to approve or advance a policy recommendation. E. If no consensus is reached on an issue or recommendation, minority positions and any alternatives considered will be documented. Those with minority opinions are responsible for proposing alternative solutions or approaches to resolve differences. F. Meetings will be conducted in a manner deemed appropriate by the chair and facilitator to foster collaborative decision-making and consensus building. Robert’s Rules of Order will be applied when deemed appropriate by the chair or facilitator. G. Task Force members will honor decisions made, including accurately representing Task Force decisions to the public, and avoid re-opening issues once resolved. H. Task Force members will strive to make decisions within the agreed-to timeframe. Meeting notes will be kept documenting decisions of the Task Force. The Task Force will review, make any corrections to, and then approve the notes. Notes for the final Task Force meeting will be distributed to the Task Force Chair for their approval. ______________________________________________________________________________________________ Housing Production Strategy Task Force Charge Statement and Bylaws Page 5 of 6 II. Ground Rules for Conduct of the Task Force All participants agree to act in good faith in all aspects of the planning process. This includes being honest and refraining from undertaking any actions that will undermine or threaten this process. It also includes behavior outside of meetings. Expectations for behavior of Ad Hoc Task Force participants – including members and project staff – during and outside of meetings include: A. Participants agree to be respectful at all times of others. They will listen to each other to seek to understand the other's perspective, even if they disagree. One person will speak at a time. Side conversations and other meeting disruptions will be avoided. For virtual/videoconference meetings, members should have both video and audio functions enabled and refrain from private/chat conversations. B. Participants agree to make every effort to bring all aspects of their concerns about these issues into this process to be addressed. C. Participants agree to refrain from personal attacks, intentionally undermining the process, and publicly criticizing or misstating the positions taken by any other participants during the process. Participants shall maintain a “safe” space for Task Force proceedings, where there is permission to constructively and respectfully express all perspectives, including unique or opposing viewpoints, without fear of being met with criticism or recrimination. D. Any written communications, including e-mails, blogs and other social networking media, will be mindful of these procedural ground rules and will maintain a respectful tone even if highlighting different perspectives. Members are reminded that any City government e-mail, blog and other social networking media is considered public record. E. Non-members upon registering with City staff may attend virtual/videoconference Ad Hoc Task Force meetings. The public may also submit written comments for distribution to the Ad Hoc Task Force, but may not otherwise participate in the Task Force deliberations. F. Requests for information made outside of meetings will be directed to the City staff. Responses to such requests will be limited to items that can reasonably be provided within a reasonable amount of time. G. All participation in this process is voluntary. A member may withdraw by submitting a written withdrawal request to the Task Force Chair or City staff project manager. However, members agree that before withdrawing they will discuss the reason for their withdrawal with the Chair or City staff and will give the Task Force the opportunity to understand the reasons for withdrawal and to encourage continued participation, if appropriate. ______________________________________________________________________________________________ Housing Production Strategy Task Force Charge Statement and Bylaws Page 6 of 6 ATTACHMENTS Council Resolution 22-30, Creation of Ad Hoc Housing Production Strategy Task Force (incl. Attachment 1) Lake Oswego Housing Needs Analysis and Housing Production Strategy - Project Schedule TASKS Residential Lands Needs Analysis Feb Housing Strategies Recommendations Final Housing Needs Analysis Report Housing Strategies Alternatives Oct Dec Jan Feb Oct Residential Buildable Lands Inventory Jun JulApr May Project Kickoff MarNov 2024 Ma Housing Needs Analysis DecSep AprJanNovAug 2022 2023 Mar