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PC Findings Approved 09-06-2023 LU 23-0023APPROVED: 09/11/2023 LU 23-0023 PAGE 1 of 5 BEFORE THE PLANNING COMMISSION 1 OF THE 2 CITY OF LAKE OSWEGO 3 4 A REQUEST TO ADOPT AN UPDATED 5 2023 HOUSING NEEDS ANALYSIS FOR THE ) LU 23-0023 6 PURPOSE OF COMPLYING WITH OREGON ) CITY OF LAKE OSWEGO 7 HOUSE BILL 2003 (2019) AND OAR 660-08-0045 ) FINDINGS, CONCLUSIONS & ORDER 8 AND ADOPTING ORDINANCE 2934. ) 9 10 11 NATURE OF APPLICATION 12 13 The City of Lake Oswego is proposing to adopt an updated 2023 Housing Needs Analysis (HNA) 14 (Ordinance 2934) for the purpose of complying with Oregon House Bill 2003 (2019) and OAR 660-08-15 0045. (The current HNA was adopted in 2013). 16 17 HEARINGS 18 19 The Planning Commission held a public hearing and considered this application at its meeting on August 20 28, 2023. The following information was presented to the Commission at its hearing and added to the 21 record: 22 G-1 Email from J. Dahlquist, dated August 28, 2023 23 24 CRITERIA AND STANDARDS 25 A. Oregon Statewide Planning Goals 26 Goal 10: Housing 27 28 B. Interpretation of Goal 10: Housing (OAR Chapter 660, Division 8) 29 OAR 660-008-0045 Housing Capacity Analysis Deadline 30 31 C. ORS Chapter 197 - Comprehensive Land Use Planning 32 ORS 197.297 Analysis of housing capacity and needed housing in Metro cities 33 34 D. City of Lake Oswego Community Development Code 35 LOC 50.07.003.3.c Notice of Public Hearing 36 LOC 50.07.003.4 Hearings before a Hearings Body 37 LOC 50.07.003.16.a Legislative Decision Defined (Quasi-judicial Comp. Plan 38 Map, Zone Map, and CDC Amendments to be processed via 39 Major Developments Procedures) 40 LOC 50.07.003.16.c Required Notice to DLCD 41 LOC 50.07.003.16.d Planning Commission Recommendation Required 42 LOC 50.07.003.16.e City Council Review and Decision 43 44 45 APPROVED: 09/11/2023 LU 23-0023 PAGE 2 of 5 E. Metro Code 1 Urban Growth Management Functional Plan – Title 7: Housing Choice 2 3 CONCLUSION 4 5 The Planning Commission concludes that the draft 2023 Housing Needs Analysis in Attachment 2 (dated 6 July 24, 2023) of proposed Ordinance 2934 is in compliance with all applicable criteria, as modified 7 below. 8 9 FINDINGS AND REASONS 10 11 The Planning Commission (Commission) incorporates the staff report dated 07/24/23 with all exhibits 12 attached thereto), on LU 23-0023 as support for its decision, supplemented by the further findings and 13 conclusions set forth herein. In the event of any inconsistency between the supplementary matter 14 herein and the staff report, the matter herein controls. 15 16 Following are the supplementary findings and conclusions of this Commission: 17 18 1. Solutions to remedy housing deficit. The Commission received written testimony from a 19 representative of the Housing Land Advocates noting that the proposed 2023 HNA does not 20 include any proposed solutions on how to remedy the projected deficit of housing units 21 identified in the analysis (Exhibit G-1). 22 23 The Commission has identified that ORS 197.297 is applicable to this issue: 24 25 ORS 197.297 - Analysis of housing capacity and needed housing in Metro cities 26 27 (1) At least once every six years, by a date scheduled by the Land Conservation and Development 28 Commission, a city that is within a metropolitan service district and has a population greater than 29 10,000 shall: 30 (a) Inventory the supply of buildable lands within the city and determine the housing capacity 31 of the buildable lands; and 32 (b) Conduct an analysis of the city’s existing and projected needed housing under statewide 33 planning goals and rules related to housing by type, mix, affordability and density range to 34 determine the number of units and amount of land needed for each needed housing type for 35 the next 20 years. 36 37 (2) The housing capacity and needed housing analysis conducted under this section must be 38 adopted as part of the city’s comprehensive plan no later than one year after completion of the 39 needed housing analysis. 40 41 (3) If the housing capacity and needed housing analysis conducted under this section 42 demonstrates a housing need, the city shall amend its comprehensive plan or land use regulations 43 to include new measures that demonstrably increase the likelihood that development of needed 44 housing will occur for the type, mix, affordability and densities sufficient to accommodate needed 45 housing for the next 20 years. [2021 c.164 §2] 46 APPROVED: 09/11/2023 LU 23-0023 PAGE 3 of 5 1 Commission Finding: Compliance with ORS Chapter 197 is discussed on pages 10-11 of Exhibit D-2 1. The Commission concurs with the findings in the Staff Report that the 2023 HNA Report was 3 prepared based upon the criteria in ORS Chapter 197 and complies. 4 5 The Commission finds that it is not appropriate for the 2023 HNA to include strategies to 6 remedy the projected deficit in housing units, as such strategies are intended to be identified 7 through the subsequent development of a Housing Production Strategy (HPS) as required per 8 Oregon House Bill 2003 (2019)[now codified at ORS 197.290] and OAR 660-08-0050. The 9 Commission finds that it would be premature to evaluate any solutions given that the HPS is the 10 statutory and administrative rule required forum for identifying solutions related to meeting 11 future housing needs, which may include amendments to the Community Development Code, 12 Comprehensive Plan amendments, financial and funding mechanisms, or other potential 13 housing production strategies. 14 15 The Commission notes that the statutory and administrative rule requirement for the City to 16 produce an HPS is relatively new, and was not a requirement when the 2013 HNA was adopted. 17 Thus, while it may have been appropriate to include strategies to remedy a projected deficit in 18 housing units within the HNA document itself in previous years, the new requirement to 19 develop an HPS will provide the City with an opportunity to produce a much more detailed and 20 refined set of strategies to address the housing needs identified in the HNA. 21 22 The Commission finds that there is no requirement in ORS 197.297 or elsewhere to identify 23 strategies to remedy the deficit in housing units identified in the 2023 HNA. ORS 197.297 is met. 24 25 2. Oregon Statewide Planning Goal 10: Housing - Findings. The City received written testimony 26 from a representative of Housing Land Advocates with a request that City staff modify the 27 findings for Oregon Statewide Planning Goal 10: Housing to include a summary of the projected 28 deficit of housing units in the City. 29 30 The Commission has identified that Oregon Statewide Planning Goal 10 is applicable to this issue: 31 32 GOAL 10: HOUSING 33 To provide for the housing needs of citizens of the state. 34 35 Commission Finding: Compliance with Oregon Statewide Planning Goal 10: Housing is discussed 36 on page 9 of Exhibit D-1. The Commission concurs with the findings in the Staff Report that the 37 2023 HNA is consistent with all applicable Oregon Statewide Planning Goals. 38 39 The Commission notes that the HNA Report includes a reconciliation of the anticipated future 40 housing needs identified in the HNA and the land supply identified in the Buildable Lands 41 Inventory. The results show a projected deficit of 642 dwelling units, or 86 acres, in the City by 42 2043. This includes a deficit of 192 units (38 acres) in low-density zones, 249 units (31 acres) in 43 medium-density zones, and 201 units (17 acres) in high-density zones. 44 45 The Commission finds that the 2023 HNA has been established on a factual basis, is consistent 46 with existing City policies, and has been sufficiently coordinated with needed housing in the 47 APPROVED: 09/11/2023 LU 23-0023 PAGE 4 of 5 Metro region, in accordance with OAR 660-008-030(1). Oregon Statewide Planning Goal 10 is 1 met. 2 3 3. Metro Coordinated Population Forecast. The Commission noted that the projected growth 4 identified in the 2023 HNA was based on the forecasted 2043 population for the City of Lake 5 Oswego included in the 2021 Coordinated Population Forecast from Metro for all cities in the 6 region. 7 8 The Commission identified that ORS 195.025 designates Metro as the local government 9 responsible for coordination of planning activities within the Metro district, and ORS 195.036 10 requires Metro, in coordination with other local governments within its boundary, to issue a 11 population forecast for the entire area within its boundary to be applied by Metro and local 12 governments within the boundary of Metro as a basis for changes to comprehensive plans and 13 land use regulations. The 2021 Coordinated Population Forecast was accepted and adopted by 14 the Metro Council as fulfillment of Metro's responsibilities regarding coordination of population 15 forecasts under ORS 195.025 and 195.036 and is endorsed for use by the 24 cities and three 16 counties as their own population and employment forecasts for their planning activities. 17 18 The projected annual growth rate in Metro’s 2021 Coordinated Population Forecast for the City 19 of Lake Oswego was .05% per year, resulting in an increase of 411 residents over the course of 20 the 20-year planning horizon. This equates to a projected population increase of approximately 21 1% over that 20-year timeframe. 22 23 The Commission found that the growth rate for the City of Lake Oswego contained within the 24 2021 Metro Coordinated Population Forecast is not consistent with recent housing trends. On 25 page 5, the HNA states that, “Since 2000, Lake Oswego has grown by nearly 6,300 people within 26 the UGB, or 18% in 23 years.” The Commission found that the projected 1% growth rate between 27 2023-2043 was significantly lower than the 18% population growth in the City over the last 20 28 years, and expressed skepticism regarding the accuracy of the 2021 Metro Coordinated 29 Population Forecast. 30 31 In order to address this concern, the Commission requests that the 2023 HNA include language 32 stating that the 2021 Metro Coordinated Population Forecast was likely under-projecting future 33 population growth in the City. The Commission finds that the following language shall be added 34 to the 2023 HNA as a footnote: 35 36 “The projected growth and housing need presented in this report conforms to the statutory 37 approach to completing a Goal 10 needs analysis. To comply with state rules, the analysis relies 38 on estimates of current population from the Portland State University Population Research 39 Center (PRC) and projections of future growth from the most recent Metro distributed forecast. 40 The forecasted growth rates from Metro are very low in comparison to rates experienced during 41 the past 20 years and low in comparison to projected rates in other parts of the region and state. 42 The City's population increased by about 18%, with an average annual growth rate of about 1% 43 between 2000 and 2020 per year. During the next 20 years, forecasted growth is projected to be 44 a total of 1%, with an average annual growth rate of just 0.05% per year. Many community 45 members in Lake Oswego, including members of the project Task Force, as well as members of 46 the City's Planning Commission and City Council, have questioned the accuracy of the projected 47 growth rates, but no contrary expert testimony of the population forecast is presented. To the 48 APPROVED: 09/11/2023 LU 23-0023 PAGE 5 of 5 extent the City grows faster than the growth rates predict, the deficit of land available to 1 accommodate housing over the long term will be more acute and the City will consume 2 remaining buildable land more quickly, potentially running out of buildable land within several 3 years. Per ORS 197.297, the City is required to adopt an updated HNA at least once every six 4 years; thus, the City will have an additional opportunity in 2029 to correct the population 5 forecast, if the projections in the 2023 HNA are notably different than observed trends. It will be 6 important for the City to coordinate closely with Metro as it updates its growth rates and to 7 continue to monitor actual growth patterns, as well as the supply of buildable land in the City. To 8 the extent growth occurs at a faster rate than projected, the City will need to identify and 9 implement strategies to address a potential shortage in available land for housing in the near 10 term.” 11 12 ORDER 13 14 IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that: 15 16 1. The Planning Commission recommends that proposed Ordinance 2934, with Exhibit A-1 (based on 17 Attachment 2, dated July 24, 2023) [LU 23-0023] be approved by the City Council. 18 19 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of the City of 20 Lake Oswego. 21 22 DATED this 11 day of September, 2023. 23 24 25 /s/ Philip Stewart, Chair 26 Philip Stewart, Chair 27 Planning Commission 28 29 30 31 PRELIMINARY RECOMMENDATION - August 28, 2023 32 33 AYES: Mitchell, Naujock, Stewart, Thwing 34 NOES: Rigby 35 ABSTAIN: None 36 EXCUSED: Moreno, Schenone 37 38 ADOPTION OF FINDINGS AND ORDER - September 11, 2023 39 40 AYES: Mitchell, Naujock, Stewart, Thwing, Moreno, Schenone 41 NOES: Rigby 42 ABSTAIN: None 43 EXCUSED: None 44