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Council Report 11-20-23 CCSS 12-05-23 PP 22-0001 o�c 4� COUNCIL REPORT AEG% Subject: Citywide Parking Reform (PP 22-0001) Meeting Date: December 5, 2023 Staff Member: Erik Olson, Long Range Planning Manager Report Date: November 20, 2023 Department: Community Development Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution 0 Not Applicable ❑ Information Only Comments: At its September 5, 2023 meeting, 0 Council Direction Council directed staff to develop code amendments ❑ Consent Agenda that comply with Phase B of the State's Climate- Friendly and Equitable Communities rules for parking reform by December 31, 2024. Staff Recommendation: Provide direction to staff about the revised project schedule and public engagement plan to develop code amendments that comply with Phase B of the State's Climate-Friendly and Equitable Communities parking rules by December 31, 2024. Recommended Language for Motion: n/a Project/ Issue Relates To: Implementing requirements for Phase B of the State's Climate- Friendly and Equitable Communities rules for parking reform. Council Goals/Priorities: "Combat climate change and strengthen the community's resilience to climate impact" ISSUE BEFORE COUNCIL Provide direction to staff on a revised project schedule and public engagement plan to develop code amendments that comply with Phase B of the Department of Land Conservation and Development (DLCD)'s Climate-Friendly and Equitable Communities (CFEC) parking rules by December 31, 2024. Respect. Fxs.ellence Trust. Serving. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 EXECUTIVE SUMMARY At the Council's December 5 study session, staff will provide an overview of the following topics: • Updates regarding the Land Conservation and Development Commission's (LCDC) recent adoption of clarifications, corrections, and adjustments to the CFEC program rules. See Recent Updates to CFEC Rules, below. • A revised project schedule and public engagement plan to comply with Phase B of the state's CFEC rules for parking reform (OAR 660-012-04001 to -04502). See Revised Schedule and Public Engagement Plan, below. • A high-level analysis of the pros and cons of the different options available to the City to comply with the applicable CFEC rules. See Pros and Cons of Different CFEC Options, below. Staff is seeking direction from Council to proceed with the revised project schedule and public engagement plan to develop code amendments that comply with CFEC rules by December 31, 2024. Staff also hopes to answer Council questions about the revised CFEC rules and to get Council feedback on the pros and cons of the options for the City. BACKGROUND The City already complies with Phase A of the CFEC parking requirements through the direct application of OAR 660-012-04303 and 660-012-04404, which involves: • Applying reduced minimum parking requirements for multifamily residential development; and • Not applying minimum parking requirements for: o Affordable housing, o Childcare facilities, o Facilities for people with disabilities, o Small residential units (< 750 sq. ft.), and o All development within 1/2 mile of Bus Line #35, effectively eliminating parking requirements throughout significant portions of the Birdshill, First Addition- Forest Hills, Foothills, Evergreen, Lakewood, Old Town, Hallinan, Glenmorrie, and Skylands neighborhoods, as well as a small portion of the McVey-South Shore neighborhood. 1 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293026. 2 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293036. 3 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307174. 4 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307176. Respect. Excel'erce. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 3 The City also complies with DLCD requirements for electric vehicle (EV) conduits through the direct application of OAR 660-012-04105, which mandates that 40% of all vehicle parking spaces must have conduit to serve EV charging for: • New multifamily residential buildings with five or more residential dwelling units; and • New mixed-use buildings consisting of privately-owned commercial space and five or more residential dwelling units. Phase B of the parking reform component of CFEC requires that the City comply with one of three parking policy reform options, as summarized under Pros and Cons of Different CFEC Options, below. On September 5, 2023, the City Council held a study session to receive a presentation from Evan Manvel, Climate Mitigation Planner at DLCD, with an overview of the purpose of the CFEC rules for parking reform. During this study session, a majority of Council members expressed interest in a citywide repeal of parking requirements under CFEC Parking Phase B—Option 1. The Council also provided direction to staff to simplify the proposed work plan to develop code amendments that comply with Phase B of the CFEC parking rules by December 31, 2024, and to place more of an emphasis on targeted public outreach. RECENT UPDATES TO CFEC RULES On November 2, 2023, LCDC adopted clarifications, corrections, and adjustments to the CFEC program rules. Attachment 1 includes a description of the amended rules, which took effect on November 7, 2023. The updates adopted by LCDC include: • Clarifications and corrections to the Transportation Planning Rules (Oregon Administrative Rules 660-012) originally adopted by LCDC in July 2022, as well as further refinements to the adjustments the LCDC adopted as temporary rules in April 2023; and • Other rule changes as recommended by DLCD staff, including a small adjustment to the bicycle parking requirements in OAR 660-012-06306. With this recent change, multifamily residential developments will be required by the CFEC rules to provide one bicycle parking space for every two units, with limited exceptions. Other updates to the Transportation Planning Rules are primarily intended to formalize the temporary rules adopted earlier this year, and do not include substantive changes to the requirements for compliance with OAR 660-012-0400 to -0450. 5 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307171. 6 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=307182. Respect. Excel'erce. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 4 REVISED SCHEDULE AND PUBLIC ENGAGEMENT PLAN In response to the direction provided by City Council to simplify the proposed work plan and emphasize targeted public outreach, staff has drafted a revised project schedule and public engagement plan —see Attachment 2. The revised project schedule is excerpted, below. Project Schedule Rulemaking Updates& Extension Council Study Session#1 Jun 21, 2022 Request [Jun 2022—Jul 2023] Planning Commission Update#1 Jun 27 Planning Commission Update#2 Jan 9, 2023 Planning Commission Work Session#1 Jul 24 Project Background and Overview Council Study Session#2 Sep 5 of Alternatives [Aug—Sep 2023] Planning Commission Work Session#2 Sep 25 Work Plan/Public Involvement Targeted Outreach Oct—Dec 2023 Plan/Scoping [Oct— Dec 2023] Planning Commission Work Session#3 Nov 27 Council Study Session #3 Dec 5 Initial Concepts/ Targeted Outreach Jan— Mar 2024 Recommendations [Jan—Apr 2024] Open House/Community Meeting Mar 7, 2024 Joint PC-CC Study Session (#4) Apr 16 Draft Code Amendments Internal Review/ Drafting Apr-Jun [Apr-Aug 2024] Planning Commission Work Session #5 Jun 24 Final Code Adoption Planning Commission Public Hearing Oct 14 [Sep— Dec 2024] Planning Commission Findings Oct 28 City Council Public Hearing Nov 19 City Council Findings Dec 3 Effective Date: Jan 2, 2025 A draft public engagement plan is also included in Attachment 2. It includes a description of the roles of staff in engagement efforts as well as a working list of the public involvement activities proposed as part of the project. These engagement efforts are intended to build upon existing relationships and community networks to the fullest extent possible through targeted outreach, including the following activities: • Targeted Outreach to Key Stakeholders: Oct 2023— Mar 2024 Respect. Fx.ellence. Trust. Servi e. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 5 o This outreach would include staff presentations at the Mayor's Roundtable meeting, as well as presentations at meetings of key community stakeholders such as the Lake Oswego Sustainability Network (LOSN), the Chamber of Commerce, including the Lake Grove Business Committee (LGBC), the Neighborhood Chairs Committee, and the Transportation Advisory Board (TAB). • Focus Group Discussion with Key Stakeholders: Feb— Mar 2024 o This discussion would include representatives from the Housing Production Strategy Task Force, the Sustainability Advisory Board, the Diversity, Equity, and Inclusion Advisory Board, LOSN, the Chamber of Commerce/LGBC, and TAB. • Project Website+ Updates: ongoing • Project Email List: ongoing • Open House/Community Meeting: March 2024 • Hello LO articles: ongoing/ monthly in 2024 • City Council meetings: ongoing • Planning Commission meetings: ongoing PROS AND CONS OF DIFFERENT CFEC OPTIONS In response to a Planning Commissioner's request at their September 25 work session, staff has developed a high-level analysis of the pros and cons of the different options available to the City to comply with the CFEC rules. Available options for compliance with Phase B of the CFEC rules for parking reform include: 1. No Mandates: Repeal parking requirements citywide. No further action necessary. 2. Fair Policies: Implement at least two of five provisions under OAR 660-012-0445(a), which include either (1) requiring "unbundled" parking for residential development, (2) requiring "unbundled" parking for commercial development, (3) requiring that flexible commute benefits be offered by employers of 50 or more employees, (4) establishing a tax on commercial parking lots, or (5) reducing parking requirements for multifamily residential development; and comply with one of the following options: a. Remove parking requirements within and % mile from Town Centers; or b. Adopt parking management policies within Town Centers 3. Reduced Red Tape: Reduce or eliminate minimum parking requirements for several types of developments, uses, and locations, including eliminating all parking requirements within and 1/2 mile from Town Centers. (This analysis includes an assumption that sub-option (a) (Remove parking requirements within and % mile from Town Centers) is selected for Option 3, due to the overlap with other Reduced Red Tape requirements.) Respect, Excel'ence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 6 Staff notes that the "Town Centers" referenced in Options 2 and 3 reference the Town Centers that were mapped pursuant to the Metro Urban Growth Management Functional Plan. In Lake Oswego, this includes two Town Centers - Downtown and Lake Grove. As mentioned above under Background, pursuant to Phase A of the CFEC parking requirements, the City is no longer enforcing parking requirements within 1/2 mile of Bus Line #35, which includes the entirety of the Downtown Town Center. Thus, any additional reduction or elimination of parking mandates within Town Centers pursuant to Option 2a and Option 3 would primarily apply within and adjacent to the City's other town center, the Lake Grove Town Center. Similarly, any parking benefit district mapped pursuant to Option 2b would necessitate the introduction of paid parking for 10% of the on-street parking areas within Lake Grove. These Lake Grove-specific impacts are noted in the analyses for Option 2a, Option 2b, and Option 3, below. Option 1: No Mandates PROS CONS Ease of Implementation Simple, easy to explain / - understand Reduces staff workload Cost of Implementation Minimal to no additional cost - Level of Flexibility for Results in the most flexible - Businesses regulations for new businesses citywide by eliminating parking requirements Level of Flexibility for Results in the most flexible - Development regulations for all development types citywide by eliminating parking requirements Impact on Likely to reduce the cost of - Development Costs development—including housing development— citywide Respect, Excel'ence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 7 Option 1: No Mandates (continued) PROS CONS Impact on Parking Consistent elimination of Regulations requirements would apply evenly citywide Eliminates regulatory barriers Impact on Existing Mostly applies to new - Developments development or changes of use Other Parking provided in response to Could result in neighborhood market demand parking overflow in some circumstances. Over the long- term, the City may need to implement additional parking management policies to mitigate this potential outcome. Option 2a: Fair Policies + Reduced Mandates PROS CONS Ease of Implementation - More difficult to explain and understand Increases staff workload Cost of Implementation - Increased complexity and cost to implement in comparison to existing regulations Requires new regulations and compliance monitoring Level of Flexibility for Some flexibility for new - Businesses businesses Level of Flexibility for Some flexibility for - Development development in Lake Grove Respect. Fx:-ellence. Trust. Servi e. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 8 Option 2a: Fair Policies+ Reduced Mandates (continued) PROS CONS Impact on Likely to reduce the cost of - Development Costs development—including housing development—within Lake Grove Impact on Parking Parking only required in Regulations depend on use and Regulations locations that are further from location / proximity transit or less walkable Differing impacts in different Reduces regulatory barriers parts of the City Impact on Existing - Unbundling and flexible Developments commuter benefit program would apply to existing development Other Parking reductions for providing Could result in parking overflow sustainable infrastructure or near Lake Grove, in some accessible dwelling units instances Option 2b: Fair Policies+ Parking Management PROS CONS Ease of Implementation - Paid on-street parking, unbundling and flexible commuter benefit program would be challenging to implement and would add complexity to the City's already complex parking regulations Cost of Implementation - Requires new regulations and compliance monitoring Paid parking would have budget impacts and require additional staff resources to implement Respect. 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Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 9 Option 2b: Fair Policies+ Parking Management (continued) PROS CONS Level of Flexibility for - Continuation of regulatory barriers Businesses for new businesses Flexible commute program would create new impacts on existing businesses citywide Level of Flexibility for - No additional flexibility for Development development Impact on - No likely reduction in development Development Costs costs Impact on Parking Paid parking for at least 10% of Regulations street parking in Lake Grove No reduction or elimination of regulatory barriers—would result in the highest possible parking requirements Impact on Existing - Paid on-street parking, unbundling Developments and flexible commuter benefit program would impact existing development in Lake Grove Other Parking reductions for Based on outdated parking providing sustainable requirements that do not reflect infrastructure or accessible current market demand or dwelling units conditions Option 3: Reduced Red Tape PROS CONS Ease of Implementation - The most difficult option to explain and understand Increases staff workload Respect. 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Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 10 Option 3: Reduced Red Tape (continued) PROS CONS Cost of Implementation - The most complex option Requires new regulations and compliance monitoring Level of Flexibility for Some flexibility for new - Businesses businesses Level of Flexibility for Some flexibility for - Development development in Lake Grove Impact on Parking Parking only required in Regulations depend on use and Regulations locations that are further location / proximity from transit or less walkable Differing impacts in different parts Reduces regulatory barriers of the city Impact on Existing - Unbundling and paid on-street Developments parking would impact existing development Other Parking reductions for Could result in parking overflow providing sustainable near Lake Grove, in some infrastructure or accessible circumstances dwelling units RECOMMENDATION Direct staff to proceed with the revised project schedule and public engagement plan to develop code amendments that comply with Phase B of the State's Climate-Friendly and Equitable Communities parking rules by December 31, 2024. ATTACHMENTS 1. DLCD Staff Report and Attachments—CFEC Rulemaking Adoption, 10/19/2023 2. CFEC Project Schedule and Public Engagement Plan, 11/14/2023 Respect. Excel'ence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 h' III1Iregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Tina Kotek,Governor Salem, Oregon 97301-2540 Phone: 503-373-0050 Fax: 503-378-5518 www.oregon.gov/LCD October 19, 2023 CP, To: Land Conservation and Development Commission From: Brenda Ortigoza Bateman, Ph.D., Director Matt Crall, Planning Services Division Manager Bill Holmstrom, Land Use and Transportation Planning Coordinator Subject: Agenda Item 10, November 2-3, 2023, LCDC Meeting Climate Friendly and Equitable Communities Rulemaking Adoption I. Agenda Item Summary Purpose. The Land Conservation and Development Commission (LCDC or commission) will consider adoption of rule amendments for the Climate-Friendly and Equitable Communities program. The commission held a hearing on July 28 to take testimony about draft rules and held the comment period open for written testimony through September 17, 2023. Staff recommend that the commission adopt the amendments in Attachment A, which reflect that testimony and work of the rulemaking advisory committee. This staff report contains an update on the ongoing work in the Climate-Friendly and Equitable Communities program, a review of the rulemaking process, and an overview of the recommended rule amendments. Objective. The commission adopts rule amendments. For further information about this report, please contact Bill Holmstrom, Land Use and Transportation Planning Coordinator at 971-375-5975 or bill.holmstrom(a�dlcd.oregon.gov. II. Climate-Friendly and Equitable Communities Program Update The Department of Land Conservation and Development (DLCD or department) and the Oregon Department of Transportation (ODOT) continue to support cities and counties through the Climate-Friendly and Equitable Communities program. Staff are developing guidance, delivering technical assistance, and distributing funds to cities and counties. Staff also continue to work with local governments who request alternative dates or exemptions, as allowed in the rules. Staff have included a detailed update in Attachment B. PP 22-0001 ATTACHMENT 1/PAGE 1 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 2 of 10 III. Corrections and Clarifications Rulemaking Process The commission initiated the corrections and clarifications rulemaking in April 2023. The adopted rulemaking charge is included as Attachment C. At this same commission meeting, commissioners adopted a limited set of temporary amendments to Oregon Administrative Rules chapter 660, division 12, commonly known as the Transportation Planning Rules or TPR. These temporary rules are in effect through November 7, 2023. After the commission initiated the rulemaking, Director Bateman appointed a 20-person rulemaking advisory committee based on direction from the commission. The rulemaking advisory committee met four times to review and discuss draft amendments to the rules. The rulemaking advisory committee reviewed a draft fiscal impact statement for the draft rule amendments. The department also convened a technical advisory committee at the request of several cities and counties. The technical advisory committee was open to the members of the rulemaking advisory committee and staff from all affected cities and counties. The technical advisory committee met three times. The commission held a hearing on draft amendments at its meeting July 28, and accepted written testimony through September 17. The written testimony is included as Exhibits 9-21. A summary of the written testimony is included in Attachment D. To be fair to all interested parties, the commission and department have not accepted any testimony nor discussed the draft rules with any outside parties after the close of the public comment period. This rulemaking process is limited to the scope of the commission's April 2023 rulemaking charge. Staff continue to keep a list of other issues that could be considered in a future rulemaking process. This includes changes to OAR 660-012-0210, as described below in this staff report. The department will update housing planning rules in 2024 as part of the Oregon Housing Needs Analysis process. That process will include a review of other administrative rules, including the TPR, to identify any amendments needed for consistency with updated housing rules. Department staff working on housing, transportation, and climate change have been coordinating closely to ensure the Climate-Friendly and Equitable Communities program increases housing. A summary of how these programs work together to expand housing choices in Oregon is included in Attachment E. IV. Recommended Rule Amendments The recommended rule amendments are in Attachment A, along with explanations for amendments in each rule or section. A rule-by-rule summary of changes in the division PP 22-0001 ATTACHMENT 1/PAGE 2 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 3 of 10 is included in Attachment F. These amendments respond to each of the elements of the adopted rulemaking charge in Attachment C, including: 1. Minor clarification and correction amendments; and 2. Further refinement of the temporary amendments adopted in April. The recommended rule amendments also include changes not explicitly listed in the charge, but within the corrections and clarifications scope of the rulemaking. Some of these changes came from suggestions, questions, or concerns from members of the advisory committees. Significant issues raised in testimony or discussed in advisory committee meetings are described below. This includes a set of options for the commission to consider in rule 0630 related to bicycle parking for residential development. a. Rule 0005: Definitions This rule defines terms that are used in the division. See pages 1-7 of Attachment A. 1. "Accessible" and "accessible dwelling unit" Members of the rulemaking advisory committee suggested a broader and more accurate description of accessibility, as codified in ORS 447.210 through 447.280. The recommended amendments include federal requirements and state requirements for accessibility that exceed federal standards. 2. "Metro region 2040 center" The recommended amendments include a new definition that is used consistently throughout the division to be clear about which rules apply to town centers, regional centers, and the central city identified in Title 6 of Metro's Urban Growth Management Functional Plan. At the request of the City of Portland, the central city, generally the area of Portland's downtown, south waterfront, and near eastside, is included within the definition of "Metro Region 2040 Center." 3. "Multi-unit housing" The recommended amendments include a new definition that is used consistently throughout the division. 4. "Separated or protected bicycle facilities" Advisory committee members suggested changes to this definition to clarify which facility designs would qualify. Pedestrian and bicycle staff at ODOT also suggested changes to be consist with how ODOT uses terms in plans and guidelines. The recommended amendments incorporate many of these suggestions. PP 22-0001 ATTACHMENT 1/PAGE 3 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 4 of 10 b. Rule 0012: Effective Dates and Transition This rule sets effective dates for certain parts of the division to allow for an orderly transition from previous requirements to updated ones as shown on pages 7-9 of Attachment A. The recommended amendments to subsection (4)(d) would clarify the process for cities and counties in Metro to adopt town and regional center boundaries. The amendments improve consistency with Metro's implementation process for its 2040 Growth Concept and clarify that the requirements apply to areas that have been planned for urban uses by either a city or a county in the region. The amendment also uses the newly defined term "Metro Region 2040 Centers" to refer to areas with boundaries adopted by cities and counties. c. Rule 0210: Transportation Modeling and Analysis This rule sets requirements for how cities and counties use transportation modelling to make land use decisions in the context of meeting climate goals as shown on page 15 of Attachment A. The rulemaking charge included changing the effective date of this rule from 2024 to when a city or county adopts a transportation system plan or TSP. There was significant discussion of this rule at rulemaking advisory committee meetings, technical advisory committee meetings, and a separate meeting with interested parties focused on just this rule. Despite that discussion and multiple drafts of the rule, there was no consensus on corrections or clarifications that could address the concerns. As a result, the recommended amendments postpone the effective date of this rule until 2027 to allow time for a collaborative rulemaking process for substantial revisions that go beyond corrections and clarifications. d. Rule 0320: Land Use Requirements in Climate-Friendly Areas This rule sets requirements for cities and counties to adopt land use regulations for climate-friendly areas as shown on pages 20-22 of Attachment A. Members of the rulemaking advisory committee commented that the minimum floor area ratio (FAR) requirement of 2.0 did not provide sufficient flexibility for cities and counties that used the "outcome-oriented option" for climate-friendly area development regulations in section (9). Additionally, commenters noted that this FAR requirement would conflict with the minimum zoned building capacity requirement of at least 60,000 square feet per net acre in subsection (9)(a). To address these concerns, the recommended amendments reduce the minimum FAR option from 2.0 to 1.0, which is more consistent with the minimum residential density option and with other parts of the rule. PP 22-0001 ATTACHMENT 1/PAGE 4 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 5 of 10 The Oregon Realtors and City of Springfield submitted written comments on the September 8, 2023 draft. In response, staff recommend further changes to sections (1), (2), and (3), which are included on pages 20-21 of Attachment A. The amendment to section (1) provides clarity regarding reduced development expectations when utilizing the "outcome-oriented" approach described in section (9). The amendment to section (2) does not allow cities and counties to require ground floor commercial and office uses if a multi-unit residential building contains regulated affordable housing units. This change will facilitate funding for affordable housing development, which typically would not support non-residential development. Lastly, the amendments to section (3) provide consistency with the modified "outcome-oriented" approach described in Section (9), which no longer contains requirements for jobs per net acre. e. Rule 0325: Transportation Review in Climate-Friendly Areas This rule sets requirements for how cities and counties review changes to land uses in new, expanded, or existing climate-friendly areas or Metro Region 2040 centers as shown on pages 23-24 of Attachment A. Staff recommend rearranging sections of this rule to clarify how the rule applies to adopting a climate-friendly area or Metro Region 2040 Center and how it applies to reviewing plan or land use regulations within existing climate-friendly areas or Metro Region 2040 Centers. The recommended amendments clarify what actions local governments must take in each circumstance. Section (6) gives cities and counties options for how to review plan amendments that cross the boundary and thus affect an area that is both inside and outside a climate-friendly area or Metro Region 2040 Center. f. Rule 0350: Urban Growth Boundaries This rule provides additional clarity for how to plan for the transportation system with urban growth boundary (UGB) expansions. Advisory committee members and written testimony expressed concerns that this rule could make future UGB expansions more difficult, particularly expansions needed to supply land for housing, because the rule requires the city to have an updated TSP prior to a UGB expansion. The recommended amendment postpones the effective date of this requirement until 2029 as shown on subsection (5)(f) of rule 0012, on page 9 of Attachment A. By that time, most or all affected cities and counties will have updated their TSP to meet the requirements in the rules. The recommended amendments do not include any amendments to rule 0350 because the postponement is in rule 0012. Therefore, rule 0350 is not included in Attachment A. PP 22-0001 ATTACHMENT 1/PAGE 5 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 6 of 10 g. Rules 0430 through 0445: Parking Reform These rules are the core parking reforms, reducing costly parking mandates for equity uses (rule 0430), climate-friendly areas (rule 0435), and near transit (rule 0440). Rule 0445 provides two options for parking reform if a city or county decides to not repeal parking mandates city-wide or county-wide as shown on pages 30-32 of Attachment A. Staff recommend amendments to clarify these rules and other parking provisions based on feedback from cities and counties. Specifically, advisory committee members expressed concern that implementing rule 0440 could be confusing when the transit provider adjusts bus frequencies. The recommended amendments add an option to allow cities and counties to adopt a static map of areas near frequent transit and use that map for a year before updating it. Advisory committee members also expressed concerns about the feasibility of the reform options under rule 0445. The recommended amendments make those options easier to implement. Some testimony raised equity concerns about these provisions; however, other testimony from equity organizations, affordable housing providers, and a disability consultant supported parking reforms. Additionally, experience from communities around Oregon and the United States that have reformed parking and a review of the academic literature show that parking reform generally improves equity. h. Rule 0630: Bicycle Parking This rule sets requirements for cities and counties to adopt development regulations that require bicycle parking as shown on pages 35-36 of Attachment A. Staff recommend rearranging this rule to clarify which types of uses require bicycle parking, and what standards cities and counties must use. The recommended rules no longer contain a requirement for a minimum number of bicycle parking spaces calculated based on required off-street motor vehicle parking spaces. This rule requires cities and counties to require at least one bicycle parking space per residential unit in multi-unit and mixed-use residential developments. The rulemaking advisory committee had significant discussion about this requirement, and written testimony also addressed this issue. Testimony noted that this can be a substantial expense for housing developers in some cases, and that relatively few trips are taken by bicycle. The requirement would, however, prepare for a future in which many more trips are taken by bicycle to reduce climate pollution. The recommended amendments would add flexibility to allow cities and counties to reduce the parking requirement for a specific development application (a variance) or for a type of residential use (for example a care facility). Because of the significant PP 22-0001 ATTACHMENT 1/PAGE 6 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 7 of 10 controversy on this issue, Attachment A also includes two other options on pages 35-36 that the commission could select. • Option A: One space per unit This is what the commission adopted in 2022. • Option B: One space per unit with flexibility for reductions or exemptions The department recommends this option. • Option C: One half space per unit Cities and counties could choose to set a higher ratio, but they could not reduce below this ratio. i. Rule 0830: Enhanced Review of Select Roadway Projects This rule requires cities and counties to carefully review alternatives if they propose certain projects that would significantly increase street or highway capacity as shown on pages 39-42 of Attachment A. The advisory committees spent significant time discussing this rule, specifically concerns about projects in existing plans. The rule does not apply when a city or county starts construction for a project in its existing TSP. The rule would apply if a city or county proposes to add a project its TSP and to the process for updating a TSP. Subsection (1)(c) requires the city or county to review projects on the prior TSP before projects are carried forward to the new TSP. Advisory committee members expressed concern that this review would be inappropriate for projects that are in ready for construction at the time of the TSP update, or that were included in a general obligation bond levy approved by voters. Staff recommend adding a list of four exceptions to subsection (1)(c) so that some projects would not need to be reviewed during the TSP update. For projects that do not fall into one of the exceptions, the city or county would have options during a TSP update: • Choose to not carry the project forward into the updated plan; • Change the proposed project so that it no longer meets the criteria in (1)(a) or meets an exception in (1)(b) and thus is not subject to the rule; or • Review alternatives as required in the rule. Even with exceptions added to (1)(c), some advisory committee members and written testimony objected to the requirement to review projects in existing plans. Other members supported fewer and narrower exceptions. The recommended amendments represent a reasonable middle ground: avoiding excessive review of projects already underway, while ensuring that projects are carefully reviewed before adding street and highway capacity. PP 22-0001 ATTACHMENT 1/PAGE 7 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 8 of 10 V. Assessment of Administrative Rule Requirements Oregon Revised Statute 197.040(1)(b) directs the Land Conservation and Development Commission to design its administrative requirements to: (A) Allow for the diverse administrative and planning capabilities of local governments; (B) Consider the variation in conditions and needs in different regions of the state and encourage regional approaches to resolving land-use problems; (C) Assess what economic and property interests will be, or are likely to be, affected by the proposed rule; (D) Assess the likely degree of economic impact on identified property and economic interests; and (E) Assess whether alternative actions are available that would achieve the underlying lawful governmental objective and would have a lesser economic impact. The recommended amendments fulfill these requirements as described below. (A) Allow for the diverse administrative and planning capabilities of local governments The recommended amendments make a variety of corrections and clarifications, including changes to provide more flexibility and certainty to affected local governments. The amended rules only apply to local governments within metropolitan areas. (B) Consider the variation in conditions and needs in different regions of the state and encourage regional approaches to resolving land-use problems The recommended amendments provide additional flexibility to cities and counties to set different schedules for meeting key deadlines in the existing rules. The recommended amendments provide additional flexibility to determine how to best meet key requirements locally. The amended rules only apply to local governments within metropolitan areas. (C) Assess what economic and property interests will be, or are likely to be, affected by the proposed rule The recommended amendments are corrections and clarifications to adopted rules. The amendments bring more clarity and certainty to local governments. The department has not identified economic or property interests expected to be affected by the recommended amendments. PP 22-0001 ATTACHMENT 1/PAGE 8 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 9 of 10 (D) Assess the likely degree of economic impact on identified property and economic interests The recommended amendments are corrections and clarifications to adopted rules. The amendments bring more clarity and certainty to local governments. The degree of property or economic impacts are likely to be very minimal. (E) Assess whether alternative actions are available that would achieve the underlying lawful governmental objective and would have a lesser economic impact The recommended amendments are corrections and clarifications to adopted rules. The department worked with stakeholders to develop amendments that provide increased flexibility and certainty. The recommended amendments are likely to have less economic impact than the presently adopted rules. VI. Recommended Action The department recommends that the commission: 1. Review the recommended amendments to administrative rules in Attachment A; 2. Review rulemaking impact statements; 3. Review public comment and testimony received through September 17; 4. Adopt the recommended administrative rules; and 5. Repeal temporary rules upon the effective date of the adopted rules. a. Sample Motion 1 — Adopt Permanent Rule Amendments Recommended motion —Approve department recommendation. I move that the Land Conservation and Development Commission amend rules in Oregon Administrative Rules chapter 660, division 12, as recommended in Attachment A of the staff report, using option B in rule 630, section 3. Alternate motion —Approve recommended rules using a different option for bicycle parking requirements. I move that the Land Conservation and Development Commission amend rules in Oregon Administrative Rules chapter 660, division 12, as recommended in Attachment A of the staff report, using option [A or C] in rule 630, section 3. Alternate motion —Approve revised rules. I move that the Land Conservation and Development Commission amend rules in Oregon Administrative Rules chapter 660, division 12, as recommended in PP 22-0001 ATTACHMENT 1/PAGE 9 OF 71 Agenda Item 10 November 2-3, 2023 — LCDC Meeting Page 10 of 10 Attachment A of the staff report, using option [A, B, or C] in rule 630, section 3, with the following revisions: [state proposed revisions] b. Sample Motion 2 — Repeal Temporary Rules I move that the Land Conservation and Development Commission repeal the temporary rules in Oregon Administrative Rule Chapter 660, Division 12, upon the filing and effective date of the permanent rules. VII. Attachments A. Recommended Rule Amendments B. Implementation Update C. Rulemaking Charge D. Summary of Testimony Received E. Increasing Housing Production and Transportation Choices F. Rule-by-Rule Summary of Changes to the Transportation Planning Rules PP 22-0001 ATTACHMENT 1/PAGE 10 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 Chapter 660—Division 12 Transportation Planning Recommended Amendments—October 19,2023 This document contains the recommended set of amendments to the Transportation Planning Rules. The amendments are meant to address the rulemaking charge given to the department and the rulemaking advisory committee by the Land Conservation and Development Commission on April 20, 2023. This document includes changes from presently adopted rules (not including rules adopted temporarily by the commission), and comments about changes within boxes which are not part of the rules themselves. Table of Contents 660-012-0425:Reducing the Burden of Parking 660-012-0005:Definitions 1 Mandates 29 660-012-0012:Effective Dates and Transition 7 660-012-0430:Reduction of Parking Mandates for 660-012-0100:Transportation System Plans in Development Types 30 Metropolitan Areas 9 660-012-0435:Parking Reform in Climate-Friendly 660-012-0110:Transportation System Planning Area 10 Areas and Centers 30 660-012-0135:Equity Analysis 11 660-012-0440:Parking Reform Near Transit Corridors 660-012-0140:Transportation System Planning in the 31 Portland Metropolitan Area 11 660-012-0445:Parking Management Alternative 660-012-0155:Prioritization Framework 13 Approaches 31 660-012-0180:Financially-Constrained Project List..14 660-012-0505:Pedestrian System Inventory 32 660-012-0210:Transportation Modeling and Analysis 660-012-0510:Pedestrian System Requirements 33 15 660-012-0605:Bicycle System Inventory 34 660-012-0215:Transportation Performance Standards 660-012-0610:Bicycle System Requirements 34 15 660-012-0630:Bicycle Parking 35 660-012-0310: Climate-Friendly Areas 16 660-012-0700:Public Transportation System Planning 660-012-0315:Designation of Climate-Friendly Areas 36 17 660-012-0810: Street and Highway System 660-012-0320:Land Use Requirements in Climate- Requirements 37 Friendly Areas 20 660-012-0830:Enhanced Review of Select Roadway 660-012-0325:Transportation Review in Climate- Projects 39 Friendly Areas and Centers 23 660-012-0905:Land Use and Transportation 660-012-0330:Land Use Requirements 24 Performance Measures 42 660-012-0405:Parking Regulation Improvements 26 660-012-0910:Land Use and Transportation 660-012-0410:Electric Vehicle Charging 28 Performance Targets 43 660-012-0415:Parking Maximums and Evaluation in More Populous Communities 28 1 660-012-0005:Definitions 2 The change in this rule is due to advice of counsel to add a preamble to the definitions. 3 For the purposes of this division,the definitions contained in ORS 197.015, 197.303,and 197.627 shall apply unless 4 the context requires otherwise.In addition,the following definitions apply: 5 (1)"Access Management"means measures regulating access to streets,roads and highways from public roads and 6 private driveways.Measures may include but are not limited to restrictions on the siting of interchanges, 7 restrictions on the type and amount of access to roadways,and use of physical controls,such as signals and 8 channelization including raised medians,to reduce impacts of approach road traffic on the main facility. 9 The change in this definition is to clarify that these units can accommodate all people, and are often seen 10 as desirable for many reasons and bought/leased/rented by people without disabilities. 11 (2)"Accessible dwelling unit"means a dwelling unit constructed to standards capable of accommodatinge persons 12 with disabilities,in compliance with ORS 447.210 through 447.280.the Americans with Disabilities Act and 13 applicable construction requirements in adopted building codes. 14 (3)"Accessible"means complying with the applicable standards of ORS 447.210 through 447.280,and where 15 applicable,with ORS 447.310.American with Disabilities Act. 16 (4)"Accessway"means a walkway that provides pedestrian and or bicycle passage either between streets or from a 17 street to a building or other destination such as a school,park,or transit stop.Accessways generally include a Recommended Amendments—October 19,2023 Page 1 of 43 PP 22-0001 ATTACHMENT 1/PAGE 11 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 walkway and additional land on either side of the walkway,often in the form of an easement or right-of-way,to 2 provide clearance and separation between the walkway and adjacent uses.Accessways through parking lots are 3 generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices 4 and include landscaping,trees,and lighting.Where accessways cross driveways,they are generally raised,paved, 5 or marked in a manner that provides convenient access for pedestrians. 6 (5)"Affected Local Government"means a city,county,or metropolitan service district that is directly impacted by a 7 proposed transportation facility or improvement. 8 (6)"Approach Road"means a legally constructed,public or private connection that provides vehicular access either 9 to or from or to and from a highway and an adjoining property. 10 (7)"Area,net"means the total area of a development site exclusive of proposed or existing public rights of way, 11 public parks,public open space,protected natural features,and any other areas permanently precluded from 12 development due to development constraints,easements,or similar legal instruments. 13 (8)"At or near a major transit stop": "At"means a parcel or ownership that is adjacent to or includes a major transit 14 stop generally including portions of such parcels or ownerships that are within 200 feet of a transit stop."Near" 15 generally means a parcel or ownership that is within 300 feet of a major transit stop.The term"generally"is 16 intended to allow local governments through their plans and ordinances to adopt more specific definitions of these 17 terms considering local needs and circumstances consistent with the overall objective and requirement to provide 18 convenient pedestrian access to transit. 19 (9)"Bicycle boulevard"means bicycle facilities on streets with low motorized traffic volumes and speeds, 20 designated and designed to give bicycle travel priority.Bicycle boulevards use signs,markings,traffic diverters, 21 or other measures to discourage through trips by motor vehicles.A bicycle boulevard may also include traffic 22 control features to create safe,convenient bicycle crossings of intersecting streets. 23 (10)"Climate-friendly area"means an urban mixed-use area containing,or planned to contain,a mixture of higher- 24 density housing,jobs,businesses,and services.These areas are served by,or planned for service by,high-quality 25 pedestrian,bicycle,and transit infrastructure and services to provide frequent and convenient connections to key 26 destinations within the city and region. These areas feature a well-designed and connected pedestrian 27 environment. To maximize community benefits these areas typically do not contain or require large parking lots, 28 and are provided with abundant tree canopy and vegetation to provide shade,cooling,and other amenities to 29 visitors,residents,and employees.Climate-friendly areas will reduce the reliance on light duty motor vehicle trips 30 for residents,workers,and visitors by providing more proximate destinations within climate-friendly areas, 31 improved connectivity to key destinations elsewhere in the community,and enhanced alternative transportation 32 options. 33 This is a new definition added for clarity. There are references to climate pollution throughout the division.] 34 (11)"Climate pollution"means emissions of greenhouse gases as defined in ORS 468A.210. 35 The change in this definition is to reword for clarity. 36 (124)"Commercial parking lot"means a site without a primary use where the primary use is renting or leasing 37 vehicle parking spaces are rented or leased.It does not include shared parking. 38 (132)"Committed transportation facilities"means those proposed transportation facilities and improvements that are 39 consistent with the acknowledged comprehensive plan and have approved funding for construction in a public 40 facilities plan or the Six-Year Highway or Transportation Improvement Program. 41 (144)"Demand management"means actions that are designed to change travel behavior in order to improve 42 performance of transportation facilities and to reduce need for additional road capacity.Methods may include,but 43 are not limited to,the use of non-driving modes,ride-sharing and vanpool programs,trip-reduction ordinances, 44 shifting to off-peak periods,and reduced or paid parking. 45 (154)"Equitable outcomes"means outcomes that burdens underserved populations less than,and benefits 46 underserved populations as much or more as,the city or county population as a whole.Examples of equitable 47 outcomes include: 48 (a)Increased stability of underserved populations,lowering the likelihood of displacement due to gentrification 49 from public and private investments; 50 (b)More accessible,safe,affordable and equitable transportation options with better connectivity to destinations 51 people want to reach; 52 (c)Adequate housing with access to employment,education,fresh food,goods,services,recreational and cultural 53 opportunities,and social spaces; 54 (d)Increased safety for people in public spaces,transportation,and community development; Recommended Amendments—October 19,2023 Page 2 of 43 PP 22-0001 ATTACHMENT 1/PAGE 12 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (e)Equitable access to parks,nature,open spaces,and public spaces; 2 (f)Better and more racially equitable health outcomes across the lifespan,particularly health outcomes connected 3 to transportation choices,air pollution,and food; 4 (g)Recognizing and remedying impacts of past practices such as redlining,displacement,exclusionary zoning, 5 and roadway and other public infrastructure siting decisions that harmed underserved communities;and 6 (h)Fairly-distributed benefits to residents and local governments across cities and counties within metropolitan 7 areas; and 8 The change in this definition is to add an example to encourage engagement of people with disabilities in 9 planning decisions. Decision processes up to this point have often not centered these voices. 10 (i)Increased opportunities for people with disabilities to be actively engaged in community-based decision- ]] making processes,with supports as needed., 12 (165)"Freeway"means a limited-access highway with access points exclusively from interchanges with other 13 streets and highways.Limited access may be provided for rural land uses in rural areas where no other access is 14 available. 15 (176)"Horizon year"means the final year of the twenty-year planning period. 16 (187)"Influence area of an interchange"means the area 1,320 feet from an interchange ramp terminal measured on 17 the crossroad away from the mainline. 18 (198)"Local streets"means streets that are functionally classified as local streets to serve primarily local access to 19 property and circulation within neighborhoods or specific areas.Local streets do not include streets functionally 20 classified as collector or arterials. 21 (204-9)"Local Street Standards"include but are not limited to standards for right-of-way,pavement width,travel 22 lanes,parking lanes,curb turning radius,and accessways. 23 (210)"Major"means,in general,those facilities or developments that,considering the size of the urban or rural area 24 and the range of size,capacity or service level of similar facilities or developments in the area,are either larger 25 than average,serve more than neighborhood needs or have significant land use or traffic impacts on more than the 26 immediate neighborhood: 27 (a)"Major"as it modifies transit corridors,stops,transfer stations,and new transportation facilities means those 28 facilities that are most important to the functioning of the system or that provide a high level,volume,or 29 frequency of service; 30 (b)"Major"as it modifies industrial,institutional,and retail development means such developments that are larger 31 than average,serve more than neighborhood needs,or that have traffic impacts on more than the immediate 32 neighborhood; 33 (c)Application of the term"major"will vary from area to area depending upon the scale of transportation 34 improvements,transit facilities,and development that occur in the area.A facility considered to be major in a 35 smaller or less densely developed area may,because of the relative significance and impact of the facility or 36 development,not be considered a major facility in a larger or more densely developed area with larger or more 37 intense development or facilities. 38 (224)"Major transit stop"means existing and planned transit stations,including light rail stations and other transit 39 transfer stations,except for temporary facilities;other planned stops designated as major transit stops in a 40 transportation system plan and existing stops that: 41 (a)Have or are planned for an above average frequency of scheduled,fixed-route service when compared to 42 region wide service.In urban areas of 1,000,000 or more population,major transit stops are generally located 43 along routes that have or are planned for 15-minute or better service frequency throughout the day and on 44 weekends;and 45 (b)Are located in a transit-oriented development or within one-quarter mile of an area planned and zoned for: 46 (A)Medium or high-density residential development;or 47 (B)Intensive commercial or institutional uses within one-quarter mile of land uses in paragraph(A);or 48 (C)Uses likely to generate a relatively high level of transit ridership. 49 (232)"Metropolitan area"means the local governments that are responsible for adopting local or regional 50 transportation system plans within a metropolitan planning organization(MPO)boundary.This includes cities, 51 counties,and,in the Portland Metropolitan Area,Metro. Recommended Amendments—October 19,2023 Page 3 of 43 PP 22-0001 ATTACHMENT 1/PAGE 13 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 This is a new definition added for clarity. There are references to Metro Region 2040 Centers throughout 2 the division. 3 (24)"Metro Region 2040 Center"means the area within a boundary adopted by a city or county under Title 6 of the 4 acknowledged Metro Urban Growth Management Functional Plan for the central city,regional centers,and town 5 centers on Metro's 2040 Growth Concept map. 6 (235)"Metropolitan Planning Organization(MPO)"means an organization located within the State of Oregon and 7 designated by the Governor to coordinate transportation planning in an urbanized area of the state including such 8 designations made subsequent to the adoption of this rule.The Longview-Kelso-Rainier and Walla Walla Valley 9 MPOs are not considered MPOs for the purposes of this division. 10 (246)"Minor transportation improvements"include,but are not limited to,signalization,addition of turn lanes or 11 merge/deceleration lanes on arterial or collector streets,provision of local streets,transportation system 12 management measures,modification of existing interchange facilities within public right of way and design 13 modifications located within an approved corridor.Minor transportation improvements may or may not be listed 14 as planned projects in a TSP where the improvement is otherwise consistent with the TSP.Minor transportation 15 improvements do not include new interchanges;new approach roads within the influence area of an interchange; 16 new intersections on limited access roadways,highways,or expressways;new collector or arterial streets,road 17 realignments or addition of travel lanes. 18 This is a new definition added to address charge item 1. The new definition of"multi-unit housing"will be 19 used consistently throughout the division. 20 (27)"Multi-unit housing"means five or more attached housing units on a single lot or parcel.A dwelling unit may 21 be attached to another dwelling unit vertically or horizontally.Multi-unit housing does not include middle housing 22 types,as defined in ORS 197.758,but does include five or more attached condominium dwelling units located on 23 a collectively managed lot or parcel. 24 (285)"ODOT"means the Oregon Department of Transportation. 25 (296)"Parking benefit district"means a designated area where some of the revenues from parking fees or permits 26 for public parking within the designated area are dedicated to public improvements in the area. 27 The change in this definition is to reword for clarity and to address historic conditional uses based on 28 providing parking. 29 (3027)"Parking mandates"means requirements to include or retain a carport,garage,or minimum number of off- 30 street parking spaces with development,er-redevelopment,alterations,changes of use,or,for residential 31 development,a fee-in-lieu of providing parking for residential development.It does not include requirements for 32 parking spaces under the Americans with Disabilities Act or ORS 447.233. 33 (3125)"Parking maximums"means limits on the number of off-street parking spaces that can be included in a 34 development. 35 The change in this definition is to exclude spaces for automobiles for sale or rent and fleet vehicles as 36 "parking spaces." 37 (3229)"Parking spaces"means on and off-street spaces designated for automobile parking,other than parking 38 spaces reserved for: 39 reserved for automobiles for sale or rent; 40 (b)fleet vehicles; 41 (c)carpools or vanpools;or 42 (d)or-parking under the Americans with Disabilities Act. 43 (330)"Pedestrian district"means a comprehensive plan designation or implementing land use regulations,such as 44 an overlay zone,that establish requirements to provide a safe and convenient pedestrian environment in an area 45 planned for a mix of uses likely to support a relatively high level of pedestrian activity. Such areas include but are 46 not limited to: 47 (a)Lands planned for a mix of commercial or institutional uses near lands planned for medium to high-density 48 housing;or 49 (b)Areas with a concentration of employment and retail activity;and 50 (c)That have,or could develop,or have planned a network of streets and accessways that provide convenient 51 pedestrian circulation. Recommended Amendments—October 19,2023 Page 4 of 43 PP 22-0001 ATTACHMENT 1/PAGE 14 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (344)"Pedestrian facility"means a continuous,unobstructed,reasonably direct route between two points that is 2 intended and suitable for pedestrian use.Pedestrian facilities include but are not limited to sidewalk_s,walkways, 3 accessways,stairways and pedestrian bridges. On developed parcels,pedestrian facilities are generally hard 4 surfaced.In parks and natural areas,pedestrian facilities may be soft-surfaced pathways.On undeveloped parcels 5 and parcels intended for redevelopment,pedestrian facilities may also include rights of way or easements for 6 future pedestrian improvements. 7 (352)"Pedestrian plaza"means a small semi-enclosed area usually adjoining a sidewalk or a transit stop that 8 provides a place for pedestrians to sit,stand or rest.They are usually paved with concrete,pavers,bricks,or 9 similar material and include seating,pedestrian scale lighting,and similar pedestrian improvements.Low walls or 10 planters and landscaping are usually provided to create a semi-enclosed space and to buffer and separate the plaza 11 from adjoining parking lots and vehicle maneuvering areas.Plazas are generally located at a transit stop,building 12 entrance,or an intersection and connect directly to adjacent sidewalks,walkways,transit stops,and buildings.A l 3 plaza including 150-250 square feet would be considered"small." 14 (363)"Pedestrian scale"means site and building design elements that are dimensionally less than those intended to 15 accommodate automobile traffic,flow,and buffering.Examples include ornamental lighting of limited height; 16 bricks,pavers,or other modules of paving with small dimensions;a variety of planting and landscaping materials; 17 arcades or awnings that reduce the height of walls;and signage and signpost details that can only be perceived 18 from a short distance. 19 (374)"People with disabilities"means people who have a record or history of physical,mental,intellectual,or 20 sensory impairments that in interaction with various barriers may hinder their full and effective participation in 21 society on an equal basis with others. 22 This is a new definition to address charge item 2. 23 (38)"Performance measure"means an indicator used to evaluate progress towards meeting performance targets in 24 accordance with OAR 660-012-0910. 25 This is a new definition to address charge item 2. 26 (39)"Performance standard"means an indicator used to review comprehensive plan and land use regulation 27 amendments in accordance with OAR 660-012-0060. 28 (403-5)"Planning period"means the twenty-year period beginning with the date of adoption of a TSP to meet the 29 requirements of this division. 30 (4136)"Preliminary Design"means an engineering design that specifies in detail the location and alignment of a 31 planned transportation facility or improvement. 32 (4237)"Priority transit corridor"means a corridor that has a high existing or planned level of transit service relative 33 to other transit service in the community,including service frequency and span of service.The corridor may be 34 described as a series of stations when served by high-capacity transit services with widely spaced stations. 35 (433-8)"Reasonably direct"means either a route that does not deviate unnecessarily from a straight line or a route 36 that does not involve a significant amount of out-of-direction travel for likely users. 37 (4439)"Refinement Plan"means an amendment to the transportation system plan,that resolves,at a systems level, 38 determinations on function,mode or general location which were deferred during transportation system planning 39 because detailed information needed to make those determinations could not reasonably be obtained during that 40 process. 41 (450)"Regional Transportation Plan"or"RTP"means the long-range transportation plan prepared and adopted by a 42 metropolitan planning organization for a metropolitan area as provided for in federal law. 43 (464)"Roads"means streets,roads,and highways. 44 (472)"Rural community"means areas defined as resort communities and rural communities in accordance with 45 OAR 660-022-0010(6)and(7).For the purposes of this division,the area need only meet the definitions contained 46 in the Unincorporated Communities Rule although the area may not have been designated as an unincorporated 47 community in accordance with OAR 660-022-0020. 48 The change in this definition is in response to RAC comments. 49 (483)"Separated or protected bicycle facilities"means bicycle facilities that are physically separated,or that are 50 protected from motor vehicle traffic by barriers elements that designed to inhibit intrusion into the bicycle facility. 51 Protection may include parked motor vehicles,curbs,or a raised elevation of the bicycle facility. Separated or 52 protected bicycle facilities may be unidirectional or two-way. Separated or protected bicycle facilities are 53 designed to address conflicting traffic at intersections and other vehicular accesses to the street or highway. Recommended Amendments—October 19,2023 Page 5 of 43 PP 22-0001 ATTACHMENT 1/PAGE 15 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 This change in this definition is a rewording to make it easier to provide shared parking. 2 (494)"Shared parking"means parking spaces used to meet the parking mandates for two or more uses,structures,or 3 parcels of land, 4 by the shared parking. 5 (5045)"Transit-Oriented Development(TOD)"means a mix of residential,retail,and office uses and a supporting 6 network of roads,bicycle,and pedestrian ways focused on a major transit stop designed to support a high level of 7 transit use.The key features of transit-oriented development include: 8 (a)A mixed-use center at the transit stop,oriented principally to transit riders and pedestrian and bicycle travel 9 from the surrounding area; 10 (b)High density of residential development proximate to the transit stop sufficient to support transit operation and 11 neighborhood commercial uses within the TOD; 12 (c)A network of roads,and bicycle and pedestrian paths to support high levels of pedestrian access within the 13 TOD and high levels of transit use. 14 (5146)"Transportation Facilities"means any physical facility that moves or assist in the movement of people or 15 goods including facilities identified in OAR 660-012-0020 but excluding electricity,sewage,and water systems. 16 (5247)"Transportation System Management Measures"means techniques for increasing the efficiency,safety, 17 capacity,or level of service of a transportation facility without increasing its size.Examples include,but are not 18 limited to,traffic signal improvements,traffic control devices including installing medians and parking removal, 19 channelization,access management,ramp metering,and restriping of high occupancy vehicle(HOV)lanes. 20 (5348)"Transportation Needs"means estimates of the movement of people and goods consistent with an 21 acknowledged comprehensive plan and the requirements of this division.Needs are typically based on projections 22 of future travel demand resulting from a continuation of current trends as modified by policy objectives,including 23 those expressed in Goal 12 and this division,and attaining the state's goals for greenhouse gas emissions 24 reduction,especially those for avoiding principal reliance on any one mode of transportation. 25 (5449)"Transportation Needs,Local"means needs for movement of people and goods within communities and 26 portions of counties and the need to provide access to local destinations. 27 (550)"Transportation Needs,Regional"means needs for movement of people and goods between and through 28 communities and accessibility to regional destinations within a metropolitan area,county,or associated group of 29 counties. 30 (564)"Transportation Needs, State"means needs for movement of people and goods between and through regions 31 of the state and between the state and other states. 32 (572)"Transportation Options Provider"means an entity providing services that work to change travel behavior in 33 order to increase transportation system efficiency. 34 (583)"Transportation Project Development"means implementing the transportation system plan(TSP)by 35 determining the precise location,alignment,and preliminary design of improvements included in the TSP based 36 on site-specific engineering and environmental studies. 37 (594)"Transportation Service"means a service for moving people and goods,such as intercity bus service and 38 passenger rail service. 39 (605-5)"Transportation System Plan(TSP)"means a plan for one or more transportation facilities that are planned, 40 developed,operated,and maintained in a coordinated manner to supply continuity of movement between modes, 41 and within and between geographic and jurisdictional areas. 42 (6156)"Urban Area"means lands within an urban growth boundary,two or more contiguous urban growth 43 boundaries,and urban unincorporated communities as defined by OAR 660-022-0010(9).For the purposes of this 44 division,the area need only meet the definition contained in the Unincorporated Communities Rule although the 45 area may not have been designated as an unincorporated community in accordance with OAR 660-022-0020. 46 (62 7)"Unbundled parking"means a requirement that parking spaces for each unit in a development be rented, 47 leased,or sold separately from the unit itself. The parking space(s)must be rented,leased,or sold at market rates 48 for comparable local off-street parking.The renter,lessor,or buyer of the unit must be allowed to opt out of 49 renting,leasing,or buying the parking space. 50 (6358)"Urban Fringe"means: 51 (a)Areas outside the urban growth boundary that are within five miles of the urban growth boundary of an MPO 52 area;and 53 (b)Areas outside the urban growth boundary within two miles of the urban growth boundary of an urban area 54 containing a population greater than 25,000. Recommended Amendments—October 19,2023 Page 6 of 43 PP 22-0001 ATTACHMENT 1/PAGE 16 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (6459)"Vehicle Miles Traveled(VMT)"means all jurisdiction household-based light vehicle travel regardless of 2 where the travel occurs. 3 (650)"Walkway"means a hard surfaced area intended and suitable for use by pedestrians,including sidewalks and 4 surfaced portions of accessways. 5 Statutory/Other Authority:ORS 197.040 6 Statutes/Other Implemented:ORS 197.712,ORS 197.717,ORS 197.732,ORS 197.012 7 660-012-0012:Effective Dates and Transition 8 (1)The rules in this division adopted on July 21,2022,and amendments to rules in this division adopted on that 9 date,are effective August 17,2022,except as provided in this rule. 10 (2)A city or county subject to the requirements as provided in OAR 660-012-0100 may make interim updates to the 11 local transportation system plan using requirements as provided in OAR 660-012-0015 if the city or county: 12 (a)Has submitted notice of the proposed change to the comprehensive plan to the department as provided in 13 OAR 660-018-0020 no later than December 31,2022;or 14 (b)The interim update is not a major transportation system plan update as provided in OAR 660-012-0105,and 15 the city or county has submitted notice of the proposed change to the comprehensive plan to the department 16 as provided in OAR 660-018-0020 no later than June 30,2027.Interim updates must comply with applicable 17 requirements in this division within the scope of the transportation system plan amendment but need not bring 18 the entire transportation system plan in compliance with all applicable regulations. 19 The changes in this section are part of temporary rules adopted by the commission in April. 20 (3)Cities,counties,or Metro may choose to propose alternative dates in lieu of the effective dates or deadlines in 21 section(4)of this rule. 22 (a)A submitted proposal for alternative dates shall include: 23 (A)A description of any work already underway to begin complying with the new or amended requirements of 24 this division; 25 (B)Proposed dates for accomplishing requirements in lieu of effective dates or deadlines provided in this rule; 26 and 27 (C)A schedule for updating local transportation system plans to comply with new or amended requirements of 28 this division. 29 (b)Proposed alternative dates must demonstrate consistent progress toward meeting the updated requirements of 30 this division.Proposed alternative dates must include at least some work implemented by December 31,2023. 31 Proposed alternative dates must include completion of all elements included in the alternative dates,except for a 32 major update to the transportation system plan,by June 30,2027December 31,2029. 33 (c)Proposed alternative dates should be designed to sequence work in a logical progression,considering 34 acknowledged plans,other work,and the work of other jurisdictions within the metropolitan area.Cities and 35 counties in a metropolitan area may submit joint proposed alternative dates for a metropolitan area. 36 (d)Proposed alternative dates may not be submitted to the department after January 31,2023. 37 (ed)Local governments in regions required to submit a work program as provided in OAR 660-044-0015 may 38 submit a single combined work program that proposes alternative dates as provided in this rule and meets the 39 requirements as provided in OAR 660-044-0100.Notwithstanding subsection(d),the combined work program 40 must be submitted by the date provided in OAR 660 Oil'I 0015. 41 (€e)The director shall review the proposed alternative dates to determine whether the proposed alternative dates 42 meet the following criteria: 43 (A)Ensures urgent action; 44 (B)Coordinates actions across jurisdictions within the metropolitan area; 45 (C)Coordinates with work required as provided in OAR 660-044-0100; 46 (D)Sequences elements into a logical progression;and 47 (E)Considers availability of funding and other resources to complete the work. 48 (gf)Upon the director finding the proposed alternative dates meet the criteria in(f),the alternative dates shall be 49 used. 50 (lig)The director may modify alternative dates at any time as necessary to achieve the purposes of this division. Recommended Amendments—October 19,2023 Page 7 of 43 PP 22-0001 ATTACHMENT 1/PAGE 17 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (4)The dates in this section apply unless alternative dates are approved by the director as provided in section(3). 2 (a)Cities outside the Portland Metropolitan Area with a population over 5,000 in the urban area,and counties 3 outside the Portland Metropolitan Area with an unincorporated population over 5,000 in the urban area,must 4 adopt a major transportation system plan update as provided in OAR 660-012-0105 by December 31,2029. 5 The change in this subsection addresses charge item 4. The change matches the date for local 6 governments to meet the requirements of OAR 660-012-0215 with adoption of a local TSP update. 7 (b)The provisions of OAR 660-012-0215 requiring the adoption of multiple transportation performance standards 8 take effect on June 30,2025upon the adoption of a major update to the local transportation system plan. 9 (c)A city or county that is subject to the requirements of OAR 660-012-0310 shall adopt land use requirements 10 for climate-friendly areas and a climate-friendly comprehensive plan element as provided in OAR 660-012- 11 0315 by December 31,2024. 12 The change in this subsection addresses charge item 18 in part. The change clarifies that certain 13 requirements must be met when local governments in the Portland Metropolitan Area adopt Metro Region 14 2040 centers. 15 (d)Metro shall amend itsthe Uerban Ggrowth Mmanagement Functional Pplan in conjunction with its next 16 growth management analysis under ORS 197.296 and no later than December 31,2024,to require each city and 17 county within Metro to: 18 (A)By December 31,2025,local government adopt boundaries for allion of Region 2010 regional and town 19 centers identified on Metro's 2040 Growth Concept map for which the city or county has adopted urban land 20 use designations in their comprehensive plan,except for any portions of centers that have boundaries adopted 21 by another city or county;and land use regulations as described in the acknowledged urban growth 22 management functional plan.Within the Metro urban growth boundary,a county with planning jurisdiction in 23 , 24 25 December 31,2025. 26 (B)Adopt boundaries for any other regional and town center identified on Metro's 2040 Growth Concept map 27 when the city or county adopts urban land use designations for the area of that center in their comprehensive 28 plan,unless portions of the center have boundaries already adopted by another city or county;and 29 (C)Identify boundaries for regional and town centers that are adopted pursuant to this subsection to be located 30 in the general area of the center as identified in the Metro 2040 Growth Concept map. 31 (e)Cities and counties shall adopt land use regulations to meet the requirements of OAR 660-012-0330 no later 32 than the date of adoption of a major transportation system plan update as provided in OAR 660-012-0105. 33 The change in this subsection is for language consistency. 34 (f)Cities and counties shall adopt comprehensive plan amendments and land use regulations meeting 35 requirements provided in OAR 660-012-0400,OAR 660-012-0405,and OAR 660-012-0415 through OAR 660- 36 012-0450 no later than June 30,2023,except as provided below.If a city or county has not done so,it may not 37 applenforce parking mandates after that date. 38 (A)Cities and counties that pass population thresholds in OAR 660-012-0400,OAR 660-012-0415,or OAR 39 660-012-0450 must adopt comprehensive plan amendments and land use regulations meeting requirements 40 within 12 months of passing those population thresholds. 41 (B)If cities and counties adopt an approach in OAR 660-012-0445,policies must take effect no later than June 42 30,2023. 43 (C)Cities and counties adopting an approach in OAR 660-012-0435 shall do so concurrently with adoption of 44 any climate-friendly area under OAR 660-012-0315. 45 (g)Cities choosing to report on the share of on-street parking spaces that are priced as provided in OAR 660-012- 46 0450(1)(b)must: 47 (A)Demonstrate at least five percent of on-street parking spaces are priced by September 30,2023;and 48 (B)Demonstrate at least 10 percent of on-street parking spaces are priced by September 30,2025. Recommended Amendments—October 19,2023 Page 8 of 43 PP 22-0001 ATTACHMENT 1/PAGE 18 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (5)The following dates and provisions may not be adjusted through proposed alternative dates as provided in 2 section(3): 3 The change in this subsection addresses charge item 4. Staff have changed this subsection to match the 4 recommendation to postpone the effective date of ORS 660-012-0210. 5 (a)The provisions of OAR 660-012-0210 take effect June 30,2024 December 31,2027. 6 (b)A city or county that is subject to the requirements of OAR 660-012-0310 shall submit a study of climate- 7 friendly areas as provided in OAR 660-012-0315(4)and(5)by December 31,2023. 8 (c)The provisions of OAR 660-012-0310(4)(a)and(b)take effect June 30,2023. 9 (d)Cities shall implement the requirements for electric vehicle charging as provided in OAR 660-012-0410 no 10 later than March 31,2023. 11 (e)Cities and counties shall implement the requirements of OAR 660-012-0430 and 660-012-0440 when 12 reviewing development applications submitted after December 31,2022. 13 This new subsection addresses charge item 3. The new subsection means that during the interim period 14 before December 31, 2029, local governments need not adopt a major update to their transportation 15 system plan meeting all updated requirements to expand an urban growth boundary. 16 (f)The provisions of OAR 660-012-0350(1)(a)take effect December 31,2029. 17 This new subsection means that cities and counties need not adopt a new transportation system plan in 18 the case where they need to use to authorization process in OAR 660-012-0830 in the interim period. 19 (g)The provisions of OAR 660-012-0830(2)(b)take effect upon the adoption of a major update to the local 20 transportation system plan 21 (6)Cities and counties with voter-approved bond-funded projects where the election occurred before January 1, 22 2022 may use approved bond funding as a factor when prioritizing projects in an unconstrained project list as 23 provided in OAR 660-012-0170(4). 24 (7)The first reporting year for the reporting requirements provided in OAR 660-012-0900 is 2023,with reports due 25 no later than May 31,2024. 26 Statutory/Other Authority:ORS 197.040 27 Statutes/Other Implemented:ORS 197.712,ORS 197.296,ORS 455.417 28 660-012-0100: Transportation System Plans in Metropolitan Areas 29 This changes in this rule are for clarity. 30 (1)Cities and counties shall develop and adopt a transportation system plan.Cities and counties shall develop a 31 transportation system plan and amendments to that plan consistent with the provisions of OAR 660-012-0105 32 through OAR 660-012-0215.A transportation system plan includes the following elements: 33 (a)The core transportation system plan elements as provided in section(2); 34 (b)Funding projections as provided in OAR 660-012-0115; 35 (c)A transportation options element as provided in OAR 660-012-0145; 36 (d)An unconstrained project list as provided in OAR 660-012-0170; 37 (e)A financially-constrained project list as provided in OAR 660-012-0180; 38 (f)Any refinement plans adopted as provided in OAR 660-012-0190; 39 (g)A pedestrian system element as provided in OAR 660-012-0500; 40 (h)A bicycle system element as provided in OAR 660-012-0600; 41 (i)A public transportation system element as provided in OAR 660-012-0700;and 42 (j)A street and highway system element as provided in OAR 660-012-0800. 43 (2)A transportation system plan shall include the following core elements: 44 (a)The base and planning horizon years as provided in section(3)of this rule; 45 (b)The land use assumptions as provided in OAR 660-012-0340; 46 (c)A list of all elements of the plan,and the date of adoption or amendment of each; 47 (d)The coordinated land use and transportation system planning policies in themes comprehensive plan; 48 (e)The local transportation system plan goals and policies; 49 (f)Areas with concentrations of underserved populations as provided in OAR 660-012-0125,identified using best 50 available data; Recommended Amendments—October 19,2023 Page 9 of 43 PP 22-0001 ATTACHMENT 1/PAGE 19 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 (g)A record of the engagement,involvement,and decision-making processes used in development of the plan,as 2 provided in OAR 660-012-0130; 3 (h)A major equity analysis as provided in OAR 660-012-0135 or an engagement-focused equity analysis as 4 provided in OAR 660-012-0135 for urban areas under 5,000 in population;and 5 (i)The dates of each report made to the director as provided in OAR 660-012-0900,including all applicable city 6 and county reports for the planning area. 7 (3)Cities and counties shall determine the base and horizon years of a transportation system plan as follows: 8 (a)The base year is the present or past year which is used for the development of plan elements.The base year 9 shall be the year of adoption of a major update to the Ttransportation System planUpdatc,or no earlier than 10 five years prior. 11 (b)The horizon year is the future year for which the plan contains potential projects and shall be at least twenty 12 years from the year of adoption of a major update to the transportation system plan. 13 (4)The director may grant a whole or partial exemption from the requirements of this division to cities and counties 14 with a population of less than 10,000 within the urban area.The director may also grant a whole or partial 15 temporary exemption from the requirements of this division to jurisdictions of any size that are newly included in 16 an existing metropolitan area or a newly designated metropolitan area.The director shall use the criteria and 17 process as provided in OAR 660-012-0055(7)to decide to approve an exemption. 18 (5)The development of a transportation system plan shall be coordinated with affected cities,counties, 19 transportation facility owners,and transportation service providers,and transportation options providers. 20 (6)Adoption or amendment of a transportation system plan shall constitute the land use decision regarding the 21 function,mode,general location,and need for transportation facilities,services,and major improvements. 22 (7)Adoption or amendment of a transportation system plan shall include findings of compliance with applicable 23 statewide planning goals,acknowledged comprehensive plan policies,and land use regulations. 24 (8)Cities and counties shall design transportation system plans to achieve transportation performance targets as 25 provided in OAR 660-012-0910. 26 (9)Metro shall adopt a regional transportation system plan provided in OAR 660-012-0140. 27 (10)Cities and counties in the Portland Metropolitan Area shall additionally meet the requirements as provided in 28 OAR 660-012-0140. 29 Statutory/Other Authority:ORS 197.040 30 Statutes/Other Implemented:ORS 197.012,ORS 197.180,ORS 197.200,ORS 197.274,ORS 197.712 31 660-012-0110: Transportation System Planning Area 32 (1)The planning area for transportation system plans is the area within the acknowledged urban growth boundary. 33 The unincorporated area within urban growth boundaries is the urbanizable area. 34 (2)Cities and counties are responsible for cooperatively developing transportation system plans within the urban 35 area,including the urbanizable area. Cities and counties shall jointly determine and agree how transportation 36 system planning will occur in the urbanizable area,including plan adoption. 37 (a)Cities may develop and adopt a single transportation system plan for the entire urban area; 38 (b)A county may choose to develop and adopt a separate transportation system plan for areas in the urbanizable 39 area;or 40 (c)A city and county may jointly determine the geographic extent of each of their transportation system plans 41 within the urban area. 42 The changes in this section address charge items 5 and 6. The changes remove confusing provisions for 43 counties. The rules should be clear throughout when they apply to cities or counties. 44 (3)Counties planning for urban areas as provided in this rule,and associated cities,shall meet these requirements: 45 (a)Counties shall meet the applicable requirements of this division as if they were a city,even when requirement) 46 only refer to cities. 47 (ah)Both the city and county shall meet all applicable requirements of this division based on the population of the 48 entire urban area,except where a population threshold in a rule specifically refers to the population of the urban 49 unincorporated area. 50 (be)When a county develops a transportation system plan for a portion of the urban area within an urban growth 51 boundary,both transportation system plans must have the same planning horizon year.This subsection does not 52 apply in urban areas with more than one city or in the Portland Metropolitan Area. Recommended Amendments—October 19,2023 Page 10 of 43 PP 22-0001 ATTACHMENT 1/PAGE 20 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (4)Counties shall plan areas outside urban growth boundaries as rural,regardless of location within a metropolitan 2 area. Counties planning for unincorporated communities within a metropolitan area must meet requirements 3 provided in OAR chapter 660,division 22. 4 Statutory/Other Authority:ORS 197.040 5 Statutes/Other Implemented:ORS 197.012,ORS 197.712 6 660-012-0135:Equity Analysis 7 (1)Cities and counties shall determine whether the land use and transportation plans required in this division 8 improve outcomes for underserved populations by using an equity analysis.An equity analysis is intended to 9 determine benefits and burdens on underserved populations,as identified in OAR 660-012-0125. 10 This section has been added to address charge item 7. The new section clarifies which circumstances 11 require each type of equity analysis. This does not change which types of analysis are required, only lists 12 them in this rule. 13 (2)A city or county must engage in either a major equity analysis or an engagement-focused equity analysis as 14 provided in this division,including in the following circumstances: 15 (a)A major equity analysis must be conducted when making a major update to a transportation system plan for an 16 urban area of 5,000 in population or larger,as provided in OAR 660-012-0100(2). 17 (b)An engagement-focused equity analysis must be conducted: 18 (A)When making a major update to a transportation system plan for an urban area under 5,000 in population,as 19 provided in OAR 660-012-0100(2); 20 (B)When making a minor update to a transportation system plan,as provided in OAR 660-012-0105(1); 21 (C)When designating a climate-friendly area,as provided in OAR 660-012-0315(4)(c);and 22 (D)When choosing to authorize a proposed facility,as provided in OAR 660-012-0830(2)(f). 23 (33)A city or county engaging in a major equity analysis shall conduct all the actions in the engagement-focused 24 equity analysis in section(34).In addition,a city or county shall: 25 (a)Assess,document,acknowledge,and address where current and past land use,transportation,and housing 26 policies and effects of climate change have harmed or are likely to harm underserved populations; 27 (b)Assess,document,acknowledge,and address where current and past racism in land use,transportation,and 28 housing has harmed or is likely to harm underserved populations; 29 (c)Identify geographic areas with significantly disproportionate concentrations of underserved populations; 30 (d)Develop key performance measures as required in OAR 660-012-0905,or review existing performance 31 measures,for key community outcomes as provided in subsection(34)(a)over time;and 32 (e)Use the best available data in conducting sections(a)through(d). 33 (34)A city or county conducting an engagement-focused equity analysis shall: 34 (a)Engage with members of underserved populations as identified in OAR 660-012-0125 to develop key 35 community outcomes; 36 (b)Gather,collect,and value qualitative and quantitative information,including lived experience,from the 37 community on how the proposed change benefits or burdens underserved populations; 38 (c)Recognize where and how intersectional discrimination compounds disadvantages; 39 (d)Analyze the proposed changes for impacts and alignment with desired key community outcomes and key 40 performance measures under OAR 660-012-0905; 41 (e)Adopt strategies to create greater equity or minimize negative consequences;and 42 (f)Report back and share the information learned from the analysis and unresolved issues with people engaged as 43 provided in subsection(a). 44 Statutory/Other Authority:ORS 197.040 45 Statutes/Other Implemented:ORS 197.012,ORS 197.712 46 660-012-0140:Transportation System Planning in the Portland Metropolitan Area 47 (1)This rule applies to cities and counties in the Portland Metropolitan Area,and Metro.In the Portland 48 Metropolitan Area,cities and counties shall develop and adopt local transportation system plans as provided in 49 OAR 660-012-0100.Metro shall develop and adopt a regional transportation system plan as provided in this rule. 50 (2)Cities and counties shall amend comprehensive plans,land use regulations,and transportation system plans to be 51 consistent with Metro's regional transportation system plan. Consistent means city and county comprehensive 52 plans and implementing ordinances conform with the policies and projects in the regional transportation system Recommended Amendments—October 19,2023 Page 11 of 43 PP 22-0001 ATTACHMENT 1/PAGE 21 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 plan.If Metro finds a local transportation system plan is consistent with the Regional Transportation Functional 2 Plan,the transportation system plan shall be deemed consistent with the regional transportation system plan. 3 (3)Metro shall prepare,adopt,amend,and update a regional transportation system plan in coordination the with 4 regional transportation plan required by federal law.Insofar as possible,the regional transportation system plan 5 shall be accomplished through a single coordinated process that complies with the applicable requirements of 6 federal law and this division. 7 (a)When Metro adopts or amends the regional transportation plan to comply with this division as provided in this 8 section,Metro shall review the adopted plan or amendment and either: 9 (A)Adopt findings that the proposed regional transportation plan amendment or update is consistent with the 10 applicable provisions of adopted regional transportation system plan and compliant with applicable 11 provisions of this division;or 12 (B)Adopt amendments to the regional transportation system plan that make the regional transportation plan 13 consistent and compliant with applicable provisions of this division.Necessary plan amendments or updates 14 shall be prepared and adopted in coordination with the federally-required plan update or amendment. Such 15 amendments shall be initiated no later than 30 days from the adoption of the regional transportation plan 16 amendment or update and shall be adopted no later than one year from the adoption of the regional 17 transportation plan amendment or update or according to a work program approved by the commission.A 18 plan amendment is initiated for purposes of this subsection where the affected local government files a post- 19 acknowledgement plan amendment notice with the department as provided in OAR 660-018-0020. 20 (b)Adoption or amendment of the regional transportation plan relates to compliance with this division for 21 purposes of this section if it does one or more of the following: 22 (A)Changes plan policies; 23 (B)Adds or deletes a project from the list of planned transportation facilities,services,or improvements or from 24 the financially-constrained project list required by federal law; 25 (C)Modifies the general location of a planned transportation facility or improvement; 26 (D)Changes the functional classification of a transportation facility;or 27 (E)Changes the planning period or adopts or modifies the population or employment forecast or allocation 28 upon which the plan is based. 29 (c)The following amendments to the regional transportation plan do not relate to compliance with this division 30 for purposes of this section: 31 (A)Adoption of an air quality conformity determination; 32 (B)Changes to a federal revenue projection; 33 (C)Changes to estimated cost of a planned transportation project;or 34 (D)Deletion of a project from the list of planned projects where the project has been constructed or completed. 35 (4)Notwithstanding any requirement in this division,Metro may adopt provisions into a regional functional plan 36 that require cities and counties to meet an additional requirement for transportation system planning where Metro 37 finds that the additional requirement is necessary to meet regional planning objectives and supports the purposes 38 of this division. 39 The changes in this section address charge item 5. The changes provide additional flexibility for setting 40 the horizon year of local transportation system plans in the Portland Metropolitan Area to match the 41 horizon date of the regional transportation plan. 42 (5)Notwithstanding requirements for transportation system planning areasplans provided in OAR 660-012-0100 43 through OAR 660-012-0110: 44 (a)Metro shall work cooperatively with cities and counties to determine responsibility for planning areas in the 45 urbanizable area.Where a county has responsibility for a planning area,the county must meet the requirements 46 as provided for counties in OAR 660-012-0110; 47 (b)Counties planning for unincorporated areas within the urban growth boundary shall meet all applicable 48 requirements based on the population of the planning area;-atd 49 (c)Counties and cities need not have the same planning horizon year. and 50 (d)Cities or counties may set the horizon year of a local transportation system plan to match the horizon year of 51 the adopted regional transportation plan. Recommended Amendments—October 19,2023 Page 12 of 43 PP 22-0001 ATTACHMENT 1/PAGE 22 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (6)Notwithstanding requirements for transportation system inventories as provided in OAR 660-012-0150,Metro 2 shall prescribe inventory requirements in transportation system plans for cities and counties in a regional 3 functional plan. 4 (7)Metro may propose alternative requirements in lieu of requirements provided in this division. 5 (a)The director shall review proposed alternative requirements to make a recommendation to the commission as 6 to whether the proposed alternative requirements would meet the objectives of the original requirements and 7 support the purposes of this division. 8 (b)The commission shall hold a hearing to review the proposed alternative requirements and the director's 9 recommendation.If the commission finds that the proposed alternative requirements meet the objectives of the 10 original requirements and support the purposes of this division,then the commission shall issue an order 11 approving the proposed alternative requirements;otherwise,the commission shall remand the proposed 12 alternative requirements to Metro with specific directions for changes needed to meet the objectives of the 13 original requirement and support the purposes of this division. 14 (c)Upon approval by the commission,Metro may adopt the proposed alternative requirements into a regional 15 functional plan.Upon adoption by Metro,cities and counties that comply with the alternative requirements of 16 the regional functional plan are no longer required to meet the specific requirements of this division as 17 described in the commission order. 18 Statutory/Other Authority:ORS 197.040 19 Statutes/Other Implemented:ORS 184.899,ORS 197.012,ORS 197.274,ORS 197.301,ORS 197.712 20 660-012-0155: Prioritization Framework 21 (1)Cities,counties,Metro,and state agencies shall use the framework in this rule for decision making regarding 22 prioritization of transportation facilities and services.Cities,counties,Metro,and state agencies shall consider the 23 following: 24 (a)Prioritization factors as provided in section(3); 25 (b)Classification of facilities or segments as provided in section(4); 26 (c)The planned land use context as provided in section(5);and 27 (d)Expected primary users as provided in section(6). 28 (2)Cities,counties,Metro,and state agencies may use local values determined through engagement as provided in 29 OAR 660-012-0120 to weight various prioritized factors when making prioritization decisions as provided in this 30 division. 31 (3)Cities,counties,Metro,and state agencies shall prioritize transportation facilities and services based on the 32 following factors: 33 (a)Meeting greenhouse gas reduction targets,including: 34 (A)Reducing per-capita vehicle miles traveled to meet greenhouse gas reduction targets provided in OAR 660- 35 044-0020 or OAR 660-044-0025; 36 (B)Supporting compact,pedestrian-friendly patterns of development in urban areas,particularly in climate- 37 friendly areas; 38 (C)Reducing single-occupant vehicle travel as a share of overall travel;and 39 (D)Meeting performance targets set as provided in OAR 660-012-0910. 40 (b)Improving equitable outcomes for underserved populations identified in OAR 660-012-0125; 41 (c)Improving safety,particularly reducing or eliminating fatalities and serious injuries; 42 (d)Improving access for people with disabilities; 43 (e)Improving access to destinations,particularly key destinations identified as provided in OAR 660-012-0360; 44 (f)Completing the multimodal transportation network,including filling gaps and making connections; 45 (g) Supporting the economies of the community,region,and state;and 46 (h)Other factors determined in the community. 47 The change in this section addresses charge item 8. The change clarifies that local governments may 48 apply mode-specific functional classifications to facilities. 49 (4)Cities,counties,Metro,and state agencies shall consider the functional classification of planned or existing 50 transportation facilities or segments when making decisions about appropriate transportation facilities and 51 services.Cities,counties,Metro,and state agencies may establish different mode-specific functional 52 classifications for each mode on any facility or segment that they own and operate. Recommended Amendments—October 19,2023 Page 13 of 43 PP 22-0001 ATTACHMENT 1/PAGE 23 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (5)Cities,counties,Metro,and state agencies shall consider the planned land use context around an existing or 2 planned transportation facility or segment when making decisions about appropriate transportation facilities and 3 services. 4 (a)Within climate-friendly areas,cities,counties,Metro,and state agencies shall prioritize pedestrian,bicycle, 5 and public transportation facilities and services.Cities,counties,Metro,and state agencies shall ensure facilities 6 are planned for these modes to experience safe,low stress,and comfortable travel for people of all ages and 7 abilities within climate-friendly areas with minimal interference from motor vehicle traffic. 8 (b)In areas with concentrations of underserved populations,cities,counties,Metro,and state agencies shall 9 prioritize transportation projects addressing historic and current marginalization.Proposed transportation 10 projects in these areas must work to rectify previous harms and prevent future harms from occurring.These 11 areas may have suffered from disinvestment or harmful investments,including transportation system 12 investments. Such harms include but are not limited to displacement,increased exposure to pollutants, 13 destruction and division of neighborhoods,heat islands,and unsafe conditions for pedestrians,cyclists,transit 14 users,and others. 15 (6)Cities,counties,Metro,and state agencies shall consider the expected primary users of an existing or planned 16 transportation facility or segment when making decisions about appropriate transportation facilities and services. 17 In particular: 18 (a)In areas near schools or other locations with expected concentrations of children,or areas with expected 19 concentrations of older people or people with disabilities,cities,counties,Metro,and state agencies must 20 prioritize safe,protected,and continuous pedestrian and bicycle networks connecting to key destinations, 21 including transit stops. 22 (b)In industrial areas,along routes accessing key freight terminals,and other areas where accommodations for 23 freight are needed,cities,counties,Metro,and state agencies must consider the needs of freight users. 24 Pedestrian,bicycle,and public transportation system connections must be provided in industrial areas at a level 25 that provides safe access for workers. 26 Statutory/Other Authority:ORS 197.040 27 Statutes/Other Implemented:ORS 197.012,ORS 197.180,ORS 197.712,ORS 468A.205 28 660-012-0180:Financially-Constrained Project List 29 (1)Cities and counties shall include a financially-constrained project list in a transportation system plan. Cities and 30 counties shall use the prioritized unconstrained project list developed as provided in OAR 660-012-0170 and the 31 amount of funding available developed as provided in OAR 660-012-0115 to produce the financially-constrained 32 project list. 33 (2)Cities,counties,Metro,and the state may only develop,fund,and construct projects on the financially- 34 constrained project list. 35 (a)Cities and counties may only submit projects on the financially-constrained project list in their transportation 36 system plan to the financially-constrained list of a federally-required regional transportation plan. 37 The changes to this subsection address charge item 9. The intent of this provision is to allow projects that 38 happen along with development to occur even if they are not on the financially-constrained project list. 39 This is because often these types of projects are opportunistic, depending on property development 40 which may not have been anticipated. The adopted language could be interpreted in ways that were not 41 intended. 42 (b)Cities and counties may permit projects on the unconstrained project list but not on the financially constrained 43 list to be constructed if the projcct is built by a property owner as a requirement of land development and the 44 project would not require review as provided in OAR 660 012 0830.Cities and counties may develop, fund,or 45 construct a project on the unconstrained project list if: 46 (A)The project is required as a condition of land development; 47 (B)A property owner is providing financial or material contributions to the project;and 48 (C)The project would not require review as provided in OAR 660-012-0830. 49 (3)Cities and counties shall create a financially-constrained project list using the top available projects on the 50 prioritized unconstrained project list and the planning-level cost estimates developed as provided in OAR 660- 51 012-0170. The sum of the planning-level cost estimates for projects placed on the financially-constrained project 52 list shall not exceed 125 percent of the funding available as identified in OAR 660-012-0115.Cities and counties 53 shall select projects such that the resulting financially-constrained list would: Recommended Amendments—October 19,2023 Page 14 of 43 PP 22-0001 ATTACHMENT 1/PAGE 24 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (a)Reduce per capita vehicle miles traveled,as provided in OAR 660-012-0160; 2 (b)Burden underserved populations less than and benefit underserved populations as much or more as the city or 3 county population as a whole;and 4 (c)Make significant progress towards meeting the performance targets set for each performance measure as 5 provided in OAR 660-012-0910 or OAR 660-044-0110. 6 (4)If the list of projects cannot meet each test in section(3),the city or county must adjust the project list to find the 7 highest-ranking set of projects that can meet the criteria in section(3).This is the financially-constrained project 8 list. 9 (5)Cities or counties making a major or minor amendment to the transportation system plan as provided in OAR 10 660-012-0105 which includes an update to any project list,shall update the financially-constrained project list as 11 provided in this rule. 12 (6)Cities and counties shall prioritize the implementation of projects from the financially-constrained project list for 13 their ability to reduce climate pollution and improve equitable outcomes using the criteria provided in section(3) 14 of this rule. 15 Statutory/Other Authority:ORS 197.040 16 Statutes/Other Implemented:ORS 184.899,ORS 197.012,ORS 197.712,ORS 468A.205 17 660-012-0210: Transportation Modeling and Analysis 18 The change to this rule postpones the effective date of this rule to allow for a future process to review and 19 refine this rule. The not yet in effect adopted text of the rule will remain for now, but it is staffs intention to 20 review and recommend amendments to this rule prior to the effective date. 21 (1)This rule does not become effective until December 31,2027. 22 (42)A city or county relying on transportation models or mathematical analysis of the transportation system to make 23 a land use decision shall do so consistently with this rule. 24 (23)The model or analysis must account for changes in vehicle miles traveled per capita that would result from any 25 transportation projects proposed as a part of the land use decision. 26 (34)The assumptions and inputs used with the modeling or analysis must be consistent with acknowledged plans. 27 (45)The modeling or analysis must demonstrate that the land use decision will not increase vehicle miles traveled 28 per capita. 29 Statutory/Other Authority:ORS 197.040 30 Statutes/Other Implemented:ORS 197.012,ORS 197.712 31 660-012-0215: Transportation Performance Standards 32 The changes in this rule address charge item 10. The changes fix a numbering error. 33 (1)This rule applies to transportation performance standards that cities and counties use to review comprehensive 34 plan and land use regulation amendments as provided in OAR 660-012-0060.If a city or county requires 35 applicants to analyze transportation impacts as part of development review in acknowledged local land use 36 regulations,then that review must include evaluation of the performance standards established under this rule. 37 This rule applies to transportation performance standards that Metro uses to review functional plan amendments 38 as provided in OAR 660-012-0060. 39 (2)Cities and counties shall adopt transportation performance standards.The transportation performance standards 40 must support meeting the targets for performance measures set as provided in OAR 660-012-0910. The 41 transportation performance standards must include these elements: 42 (3a)Characteristics of the transportation system that will be measured,estimated,or projected,and the methods to 43 calculate their performance; 44 (4b)Thresholds to determine whether the measured,estimated,or projected performance meets the performance 45 standard.Thresholds may vary by facility type,location,or other factors.Thresholds shall be set at the end of 46 the planning period,time of development,or another time;and 47 (5c)Findings for how the performance standard supports meeting the targets for performance measures set as 48 provided in OAR 660-012-0910. 49 The change in this section addresses charge item 11. The change clarifies that Metro may set standards 50 that are to be used across the region. 51 (63)Cities,counties,Metro,and state agencies shall adopt two or more transportation performance standards.Metro 52 may adopt regional performance standards in a functional plan for use across regional and local plans.At least one Recommended Amendments—October 19,2023 Page 15 of 43 PP 22-0001 ATTACHMENT 1/PAGE 25 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 of the transportation performance standards must support increasing transportation options and avoiding principal 2 reliance on the automobile.The transportation system plan must clearly establish how to apply the multiple 3 performance standards to a proposal that meets some,but not all,of the transportation performance standards.The 4 transportation performance standards must evaluate at least two of the following objectives for the transportation 5 system,for any or all modes of transportation: 6 (a)Reducing climate pollution; 7 (b)Equity; 8 (c)Safety; 9 (d)Network connectivity; 10 (e)Accessibility; 11 (f)Efficiency; 12 (g)Reliability;and 13 (h)Mobility. 14 Statutory/Other Authority:ORS 197.040 15 Statutes/Other Implemented:ORS 197.012,ORS 197.180,ORS 197.712 16 The title of this rule has been changed to be consistent. 17 660-012-0310: Climate Climate-Friendly Areas 18 (1)This rule,OAR 660-012-0315,and OAR 660-012-0320 apply to cities and counties that: 19 (a)Are within a metropolitan area other than the Portland Metropolitan Area; 20 (b)Are inside incorporated cities or areas within an urban growth boundary as provided in section(3);and 21 (c)Have a population of more than 5,000 within an urban growth boundary. 22 (2)Cities and counties shall study and zone climate-friendly areas for locations that meet the following 23 requirements. 24 (a)Locations able to support development consistent with the land use requirements of OAR 660-012-0320. 25 (b)The locations shall be in existing or planned urban centers,including downtowns,neighborhood centers, 26 transit-served corridors,or similar districts.To the extent practicable,climate-friendly areas should be located 27 within,or in close proximity to,areas planned for,or provided with,high-density residential uses and a high 28 concentration of employment opportunities. 29 (c)The locations shall be in areas that are served,or planned for service,by high quality pedestrian,bicycle,and 30 transit services. 31 (d)The locations shall not be in areas where development is limited or disallowed by provisions adopted pursuant 32 to Statewide Planning Goal 7.Climate-friendly areas may be designated in such areas if the local government 33 has adopted requirements for development that will mitigate potential hazards to life and property,in 34 compliance with Statewide Planning Goal 7. 35 (e)Cities may designate climate-friendly areas within the urban growth boundary,but outside the city limits 36 boundary,if the following requirements are met: 37 (A)The area is contiguous with the city limits boundary; 38 (B)The provision of urban services is contingent upon annexation into the city limits and the area is readily 39 serviceable with urban water,sewer,stormwater,and transportation."Readily serviceable"means that urban 40 infrastructure services are nearby and could be provided to allow construction on the site within one year of 41 an application for a building permit; 42 (C)The zoning that will be applied upon annexation,based on the city's comprehensive plan designation for the 43 area,is consistent with climate-friendly area requirements; 44 (D)The county in which the subject area is located has adopted a consistent comprehensive plan designation for 45 the area;and 46 (E)The city can demonstrate that at least 70 percent of complete annexation applications within the last five 47 years have been approved within one year of the date of complete annexation application. 48 (f)Climate-friendly areas shall have a minimum width of 750 feet,including any internal rights of way that may 49 be unzoned. Contiguous climate-friendly areas with distinct land use requirements may be considered 50 cumulatively to demonstrate compliance with the minimum width requirement.Exceptions to these minimum 51 dimensional requirements are allowed due to natural barriers,such as rivers;or due to long-term barriers in the 52 built environment,such as freeways.Exceptions are also allowed if potential climate-friendly areas are 53 constrained by adjacent areas planned and zoned to meet industrial land needs. Recommended Amendments—October 19,2023 Page 16 of 43 PP 22-0001 ATTACHMENT 1/PAGE 26 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (3)Cities and counties shall designate climate-friendly areas. Counties with planning jurisdiction in unincorporated 2 areas provided with urban water,sanitary sewer,stormwater,and transportation services within an identified 3 urban growth boundary shall coordinate with the respective city or cities to address climate-friendly area 4 requirements for those areas.Areas under county jurisdiction outside urban growth boundaries;or within urban 5 growth boundaries but not provided with urban water,sanitary sewer,stormwater,and transportation services;are 6 not subject to this rule. 7 (4)Cities and counties shall designate climate-friendly areas as they cross the population thresholds in subsections 8 (a)and(b).City population is as determined by the most recently certified Portland State University Population 9 Research Center population estimate.Compliance timelines are based upon the date of the certification of the 10 population estimate. County population within an urban growth boundary may be calculated by interpolating 11 Portland State University Population Research Center's population forecast for the area within an urban growth 12 boundary,then subtracting the certified city population estimate from the total population within the urban growth 13 boundary for the current year. 14 (a)A city or county with a population within an urban growth boundary exceeding 5,000,but less than 10,001 15 shall submit a study of potential climate-friendly areas to the department as provided in OAR 660-012-0315 16 within 545 days of reaching a population exceeding 5,000.The city or county shall subsequently adopt land use 17 requirements as provided in OAR 660-012-0315,and climate-friendly elements to their comprehensive plans 18 within 365 days of the deadline for submittal of the study of potential climate-friendly areas. 19 (b)A city or a county with a population exceeding 10,000 within an urban growth boundary shall submit a study 20 of potential climate-friendly areas to the department as provided in OAR 660-012-0315 within 545 days of 21 reaching a population exceeding 10,000. The city or county shall subsequently adopt land use requirements as 22 provided in OAR 660-012-0315,and climate-friendly elements to their comprehensive plans within 365 days of 23 the deadline for submittal of the study of potential climate-friendly areas.The city or county shall maintain 24 sufficient lands within climate-friendly areas as their population grows,as provided in OAR 660-012-0315.For 25 cities also subject to OAR 660-008-0045,compliance with this requirement shall be demonstrated in each 26 Housing Capacity Analysis following the initial designation of climate-friendly areas.Land use requirements 27 for climate-friendly areas shall be established concurrent or prior to the adoption of the Housing Capacity 28 Analysis as provided in OAR 660-012-0320. Counties subject to this rule shall coordinate with cities to address 29 climate-friendly area requirements within an urban growth boundary. 30 (5)If a city or county has not designated sufficient climate-friendly areas as provided in this rule,the commission 31 may: 32 (a)Initiate periodic review for the city of county to address the requirement;or 33 (b)Issue an enforcement order to the city or county,consistent with ORS 197.646. 34 Statutory/Other Authority:ORS 197.040 35 Statutes/Other Implemented:ORS 197.012,ORS 197.615,ORS 197.646,ORS 197.712 36 The title of this rule has been changed to be consistent. 37 660-012-0315: Designation of Climate-Climate-Friendly Areas 38 (1)The designation of climate-friendly areas refers to the process of studying potential climate-friendly areas and 39 adopting land use requirements and climate-friendly elements into comprehensive plans,as provided in this rule. 40 Cities and counties subject to the requirements of OAR 660-012-0310 with a population greater than 10,000 shall 41 designate climate-friendly areas sufficient to accommodate at least 30 percent of the total identified number of 42 housing units necessary to meet all current and future housing needs by calculating zoned building capacity as 43 provided in section(2),or using an alternative methodology as provided in OAR 660-012-0320(10). 44 (a)A local government may designate one or more climate-friendly areas to accommodate at least 30 percent of 45 housing units. 46 The changes in this subsection are part of the temporary rules adopted by the commission in April. 47 (b)The total number of housing units necessary to meet all current and future housing needs shall be determined 48 from the local government's most recently adopted and acknowledged analysis of housing capacity analysisand 49 needed housing consistent with ORS 197.296 at the time it was adopted,by adding the total number of existing 50 dwelling units identified in the buildable land inventory to the anticipated number of future needed housing 51 units over the planning period of the housing capacity analysis. Recommended Amendments—October 19,2023 Page 17 of 43 PP 22-0001 ATTACHMENT 1/PAGE 27 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 The changes in this section are part of the temporary rules adopted by the commission in April. 2 (2)Cities and counties subject to section(1)shall calculate the housing unit capacity within climate-friendly areas, 3 as follows: 4 (a)Regardless of existing development in a climate-friendly area,determine the potential square footage of zoned 5 building capacity for each net developable area based on existing or anticipatedproposed development standards 6 wfor the climate-friendly area,including applicable setbacks,allowed building heights,open space 7 requirements,on-site parking requirements,and similar all other applicable regulations that would impact the 8 developable site area.Within developed areas with no blocks greater than 5.5 acres,analysis of net developable 9 areas may be conducted for each city block,without regard to property boundaries within the block.Within 10 areas of 5.5 acres or more bounded by streets of 5.5 acres or more,the local government shall assume the same 11 ratio of tetal-gross land area to net land area as that which exists in the most fully developed urban center within 12 the city or county. 13 (b)Where the local government has not established a maximum building height,assumed building height shall be 14 85 feet.For the purpose of calculating zoned building capacity,cities and counties may assume the following 15 number of floors within multistory buildings,based on allowed building heights: 16 (A)Thirty feet allows two floors. 17 (B)Forty feet allows three floors. 18 (C)Fifty feet allows for four floors. 19 (BD)Sixty feet allows for five floors. 20 (E) Seventy-five feet allows for six floors. 21 (GF)Eighty-five feet allows for seven floors. 22 (c)If a local government allows height bonuses above the maximum building heights used for calculations in 23 subsection(b),the local government may include 25 percent of that additional zoned building capacity when the 24 bonuses: 25 (A)Allow building heights above the minimums established in OAR 660-012-0320(8);and, 26 (B)Allow height bonuses for publicly-subsidized housing serving households with an income of 80 percent or 27 less of the area median household income,or height bonuses for the construction of accessible dwelling units, 28 as defined in OAR 660-008-0050(4)(a),in excess of minimum requirements. 29 (d)Local governments shall assume that residential dwellings will occupy 30 percent of the zoned building 30 capacity calculated in subsections(a),(b),and(c)within climate-friendly areas.Public parks and open space 31 areas within climate-friendly areas that are precluded from development shall not be included in calculations of 32 zoned building capacity,but may be counted towards minimum area and dimensional requirements for climate- 33 friendly areas.Zoning and development standards for public parks and open space areas are exempted from 34 compliance with the land use requirements in OAR 660-012-0320 if the existing zoning standards do not allow 35 residential,commercial,or office uses. 36 (e)Local governments shall assume an average dwelling unit size of 900 square feet.Local governments shall use 37 the average dwelling unit size to convert the square footage of zoned residential building capacity calculated in 38 subsection(d)into an estimate of the number of dwelling units that may be accommodated in the climate- 39 friendly area. 40 (3)Cities and counties subject to the requirements of OAR 660-012-0310 with a population of 10,000 or less shall 41 designate at least 25 acres of land as climate-friendly area. 42 (4)Cities and counties must submit a study of potential climate-friendly areas to the department as provided in this 43 rule.The study of potential climate-friendly areas shall include the following information: 44 (a)Maps showing the location and size of all potential climate-friendly areas.Cities and counties shall use the 45 study process to identify the most promising area or areas to be chosen as climate-friendly areas but are not 46 required to subsequently adopt and zone each studied area as a climate-friendly area. 47 (b)Cities and counties subject to section(1)shall provide preliminary calculations of zoned residential building 48 capacity and resultant residential dwelling unit capacity within each potential climate-friendly area consistent 49 with section(2),or using an alternative methodology as provided in OAR 660-012-0320(10),and using land use 50 requirements within each climate-friendly area as provided in OAR 660-012-0320.Potential climate-friendly 51 areas must be cumulatively sized and zoned to accommodate at least 30 percent of the total identified number of 52 housing units as provided in section(1). 53 (c)A community engagement plan for the designation of climate-friendly areas,including the process to adopt 54 associated amendments to the comprehensive plan and zoning code,consistent with the requirements of OAR Recommended Amendments—October 19,2023 Page 18 of 43 PP 22-0001 ATTACHMENT 1/PAGE 28 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 660-012-0120 through 660-012-0130.The community engagement plan shall be consistent with the 2 requirements for an engagement-focused equity analysis as provided in OAR 660-012-0135(34). 3 (d)Analysis of how each potential climate-friendly area complies,or may be brought into compliance,with the 4 requirements of OAR 660-012-0310(2). 5 (e)A preliminary evaluation of existing development standards within the potential climate-friendly area(s)and a 6 general description of any changes necessary to comply with the requirements of OAR 660-012-0320. 7 (f)Plans for achieving fair and equitable housing outcomes within climate-friendly areas,as identified in OAR 8 660-008-0050(4)(a)-(f).Analysis of OAR 660-008-0050(4)(f)shall include analysis of spatial and other data to 9 determine if the rezoning of potential climate-friendly areas would be likely to displace residents who are 10 members of state and federal protected classes.The local government shall also identify actions that may be 11 employed to mitigate or avoid potential displacement. 12 (5)Cities and counties shall submit climate-friendly area study reports required in section(4).Following submittal, 13 the department shall review reports as follows: 14 (a)Within 30 days of receipt of the report,the department shall: 15 (A)Post a complete copy of the submitted report on the department's website along with a statement that any 16 person may file a written comment regarding the submitted report no more than 21 days after the posting of 17 the report. 18 (B)Provide notice to persons described under ORS 197.615(3)(a),directing them to the posting described in 19 paragraph(A)and informing them that they may file a written comment regarding the submitted report no 20 more than 21 days after the posting of the report. 21 (b)Within 60 days of posting of the report on the department's website,the department shall provide written 22 comments to the local government regarding the report information and the progress made to identify suitable 23 climate-friendly areas.The department shall also provide the local government with any written comments 24 submitted by interested persons,as provided in subsection(a). 25 The changes in this section are part of temporary rules adopted by the commission in April. 26 (6)Cities and counties must adopt land use requirements as provided in OAR 660-012-0320,and clearly identify the 27 climate-friendly elements toareas in their comprehensive plan maps,comprehensive plans,zoning maps,or zoning 28 codes;indicated by land use designation,overlay zone,or similar mechanisms.Adoption of land use requirements 29 and findings for the climate friendly element of the comprehensive plan,code,or map amendment shall include 30 the following: 31 (a)Cities and counties subject to section(1)shall provide maps showing the location of all adopted climate- 32 friendly areas,and supplemental materialsincluding calculations to demonstrate that climate-friendly areas 33 contain sufficient zoned residential building capacity to accommodate 30 percent of total housing units as 34 provided in section(2),or using an alternative methodology as provided in OAR 660-012-0320(10),and based 35 on adopted land use requirements in these areas as provided in OAR 660-012-0320. Cities and counties subject 36 to section(3)shall provide maps showing the location of the adopted climate-friendly area.Local governments 37 subject to(1)or(3)shall include findings containing the information and analysis required in section(4)for any 38 climate-friendly areas that were not included in the initial study specified in section(4). 39 (b)Documentation of the number of total existing dwelling units,accessible dwelling units,and income-restricted 40 dwelling units within all climate-friendly areas.Where precise data is not available,local governments may 41 provide estimates based on best available information. 42 (c)Documentation that all adopted and applicable land use requirements for climate-friendly areas are consistent 43 with the provisions of OAR 660-012-0320. 44 (d)Adoption of a climate friendly element into the comprehensive plan containing findings and analysis 45 -summarizing the local government climate friendly area designation decision process and demonstration of 46 compliance with the provisions of OAR 660 012 0310 through 660 012 0325.Additionally,aAdopted findings 47 shall demonstrate compliance with the provisions of OAR 660-012-0310 through 660-012-0325,and shall 48 include: 49 (A)Identification of all ongoing and newly-added housing production strategies the local government shall use 50 to promote the development of affordable housing in climate-friendly areas. The local government may use 51 the Housing Production Strategy Guidance for Cities to review and identify potential strategies,as provided 52 in OAR 660-008-0050(3).These strategies shall be incorporated into future housing production strategy 53 reports,as provided in OAR chapter 660,division 8. Recommended Amendments—October 19,2023 Page 19 of 43 PP 22-0001 ATTACHMENT 1/PAGE 29 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (B)Identification of all ongoing and newly-added housing production strategies the local government shall use 2 to prevent the displacement of members of state and federal protected classes in climate-friendly areas. 3 Findings shall include a description of how the strategies will be implemented based on consideration of 4 identified neighborhood typologies and the most effective measures to prevent displacement based on 5 typology.The local government may use the Housing Production Strategy Guidance for Cities,along with the 6 department's"Anti-Displacement and Gentrification Toolkit"to identify the most effective measures to 7 prevent displacement based on neighborhood typologies.These strategies shall be incorporated into future 8 housing production strategy reports,as provided in OAR chapter 660,division 8. 9 (7)For cities and counties identified in section(1),the information provided in compliance with subsections(6)(b) 10 and(d)shall provide a basis for subsequent Housing Production Strategy Reports to assess progress towards fair 11 and equitable housing production goals in climate-friendly areas,as provided in OAR 660-008-0050(4)(a). 12 Statutory/Other Authority:ORS 197.040 13 Statutes/Other Implemented:ORS 197.012,ORS 197.712 14 The title of this rule has been changed to be consistent. 15 660-012-0320:Land Use Requirements inclimate-Climate-Friendly Areas 16 The changes to this section provide clarity regarding reduced development expectations when using the 17 outcome-oriented approach in section (9). 18 (1)Cities and counties subject to the provisions of OAR 660-012-0310 shall incorporate the requirements in sections 19 (2)through(7)of this rule into policies and development regulations that apply in all climate-friendly areas.Cities 20 and counties shall either incorporate the provisions in section(8)into development regulations for climate- 21 friendly areas,or shall demonstrate with adopted findings and analysis that alternative development regulations 22 for climate-friendly areas will comply with the requirements in result in equal or higher levels of development in 23 climate friendly areas as provided in section(9).If adopting more than one climate-friendly area,a city or county 24 may demonstrate compliance with either section(8)or section(9)for each climate-friendly area,provided that all 25 requirements for each respective climate-friendly area are met. 26 The changes to this section address charge item 1. The changes incorporate the consistent use of the 27 term "multi-unit housing. Other changes disallow local governments from requiring ground floor and office 28 uses if a multi-unit residential building contains regulated affordable housing units. This change will 29 facilitate funding for affordable housing,which typically would not support non-residential development. 30 (2)Except as noted in subsection(a)and section(3),development regulations for a climate-friendly area shall allow 31 single-use and mixed-use development within individual buildings and development sites,including the following 32 outright permitted uses: 33 (a)Multi-unit housingfamily residential and attached single-unit housingfamily residential. Other residential 34 building types may be allowed,subject to compliance with applicable minimum density requirements in section 35 (8)of this rule,or alternative land use requirements as provided in section(9).Notwithstanding this section, 36 local governments may require ground floor commercial and office uses within otherwise single-use multi: 37 unitfamily residential buildings,unless a multi-unit building will contain units subject to a recorded agreement 38 that runs with the land and requires affordability for an established income level for a defined period of time. 39 (b)Office-type uses. 40 (c)Non-auto dependent retail,services,and other commercial uses. 41 (d)Child care,schools,and other public uses,including public-serving government facilities. 42 The changes to this section provide consistency with the modified outcome-oriented approach described 43 in section (9),which no longer contains requirements for jobs per net acre. 44 (3)Portions of abutting residential or employment-oriented zoned areas within a half-mile walking distance of a 45 mixed-use area zoned as provided in section(1)may count towards climate-friendly area requirements,if in 46 compliance with subsections(a)or(b).Notwithstanding existing development,zoned residential building capacity 47 shall be calculated for the abutting areas based on allowed building heights and existing development standards in 48 these areas,as provided in OAR 660-012-0315(2)or using an alternative methodology as provided in OAR 660- 49 012-0320(10).Residential and employment densities for abutting areas shall correspond to the climate-friendly 50 area type,provided in subsections(8)(a),(b),or(c)or(9)(a),(b),or(c). Employment densities for abutting areas Recommended Amendments—October 19,2023 Page 20 of 43 PP 22-0001 ATTACHMENT 1/PAGE 30 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 shall comply with the thresholds in subsection(b).If subsections(a)or(b)are met,no changes to existing zoning 2 or development standards are required for these areas. 3 (a)Residential areas with minimum residential densities or existing residential development equal to or greater 4 than the densities provided in section(8);or 5 (b)Existing employment uses equal to or greater than the number of jobs per acre provided in paragraphs(A), 6 (B),or(C)as applicablecection(9). 7 (A)Qualifying areas within local governments with a population greater than 5,000 up to 25,000 shall provide 8 at least 20 jobs per net acre. 9 (B)Qualifying areas within local governments with a population greater than 25,000 up to 50,000 shall provide 10 at least 30 jobs per net acre. 11 (C)Qualifying areas within local governments with a population greater than 50,000 shall provide at least 40 12 jobs per net acre. 13 (4)Local governments shall prioritize locating government facilities that provide direct service to the public within 14 climate-friendly areas and shall prioritize locating parks,open space,plazas,and similar public amenities in or 15 near climate-friendly areas that do not contain sufficient parks,open space,plazas,or similar public amenities. 16 Local governments shall amend comprehensive plans to reflect these policies,where necessary. Streetscape 17 requirements in climate-friendly areas shall include street trees and other landscaping,where feasible. 18 (5)Local governments shall establish maximum block length standards as provided below.For the purpose of this 19 rule,a development site consists of the total site area proposed for development,absent previously dedicated 20 rights-of-way,but including areas where additional right-of-way dedication may be required. 21 (a)For development sites less than 5.5 acres in size,a maximum block length of 500 feet or less.Where block 22 length exceeds 350 feet,a public pedestrian through-block easement shall be provided to facilitate safe and 23 convenient pedestrian connectivity in climate-friendly areas. Substantial redevelopment of sites of two acres or 24 more within an existing block that does not meet the standard shall provide a public pedestrian accessway 25 allowing direct passage through the development site such that no pedestrian route will exceed 350 feet along 26 any block face.Local governments may grant exceptions to street and accessway requirements as provided in 27 OAR 660-012-0330(2). 28 (b)For development sites of 5.5 acres or more,a maximum block length of 350 feet or less.Local governments 29 may grant exemptions to street requirements as provided in OAR 660-012-0330(2). 30 (6)Development regulations may not include a maximum density limitation. 31 (7)Local governments shall adopt policies and development regulations in climate-friendly areas that implement the 32 following: 33 (a)The transportation review process in OAR 660-012-0325; 34 (b)The land use requirements as provided in OAR 660-012-0330; 35 (c)The applicable parking requirements as provided in OAR 660-012-0435;and 36 (d)The applicable bicycle parking requirements as provided in OAR 660-012-0630. 37 (8)Local governments shall adopt either the following provisions into development regulations for climate-friendly 38 areas,or the requirements in section(9).Local governments are not required to enforce the minimum residential 39 densities below for mixed-use buildings(buildings that contain residential units,as well as office,commercial,or 40 other non-residential uses)if the mixed-use buildings meet a minimum floor area ratio of 2.0.A floor area ratio is 41 the ratio of the gross floor area of all buildings on a development site,excluding areas within buildings that are 42 dedicated to vehicular parking and circulation,in proportion to the net area of the development site on which the 43 buildings are located.A floor area ratio of 2.0 would indicate that the gross floor area of the building was twice 44 the net area of the site.Local governments are not required to enforce the minimum residential densities below for 45 redevelopment that renovates and adds residential units within existing buildings,but that does not add residential 46 units outside the existing exterior of the building. 47 (a)Local governments with a population greater than 5,000 up to 25,000 shall adopt the following development 48 regulations for climate-friendly areas: 49 (A)A minimum residential density requirement of 15 dwelling units per net acre;and 50 (B)Maximum building height no less than 50 feet. 51 (b)Local governments with a population greater than 25,000 up to 50,000 shall adopt the following development 52 regulations for at least one climate-friendly area with a minimum area of 25 acres.Additional climate-friendly 53 areas may comply with the following standards or the standards in subsection(a). 54 (A)A minimum residential density requirement of 20 dwelling units per net acre;and Recommended Amendments—October 19,2023 Page 21 of 43 PP 22-0001 ATTACHMENT 1/PAGE 31 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (B)Maximum building height no less than 60 feet. 2 (c)Local governments with a population greater than 50,000 shall adopt the following development regulations 3 for at least one climate-friendly area with a minimum area of 25 acres.Additional climate-friendly areas may 4 comply with the following standards or the standards in subsections(a)or(b): 5 (A)A minimum residential density requirement of 25 dwelling units per net acre;and 6 (B)Maximum building height no less than 85 feet. 7 The changes in this section are part of temporary rules adopted by the commission in April. 8 Typographical errors have been corrected in 9(b)and 9(c). Subsections (a), (b), and (c) have been 9 restructured for improved clarity. The minimum floor area ratio option in Section (9) has been reduced 10 from 2.0 to 1.0 to provide more flexibility for local governments and to be more consistent with the 11 minimum zoned building capacity requirements in subsection (a). 12 (9)As an alternative to adopting the development regulations in section(8),local governments may demonstrate 13 with adopted findings and analysis that their adopted development regulations for climate-friendly areas will 14 provide for equal or higher levels of development in climate-friendly areas than those allowed per the standards in 15 section(8).Additional zoned building capacity of 25 percent may be included for development regulations that 16 allow height bonuses for additional zoned building capacity above established maximums that are consistent with 17 OAR 660-012-0315(2)(c)(B). Specifically,the local government must demonstrate that the alternative 18 development regulations will consistently and expeditiously allow for the levels of development described in 19 subsections(a)-(c).Alternative development regulations must require either a minimum residential density of 15 20 dwelling units per net acre or a minimum floor area ratio of 1.02 0,as described in section(8).below: 21 (a)Local governments with a population greater than 5,000 up to 25,000 shall adopt development regulations to 22 allow a zoned building capacity of at least 60,000 square feet per net acre,based on regulations impacting 23 buildable site area as described in OAR 660-012-0315(2)(a)and(b)and allowed building heights.in climate 24 friendly areas to enable development of at least 20 dwelling units and 20 jobs per net acre. 25 (b)Local governments with a population greater than 25,000 up to 50,000 shall adopt development regulations for 26 at least one climate-friendly area of at least 25 acres to allow a zoned building capacity of at least 90,000 square 27 feet per net acre,based on regulations impacting buildable site area as described in OAR 660-012-0315(2)(a) 28 and(b)and allowed building heights,or at least 90,000 square feet per net acre_enable development of at least 29 30 dwelling units and 30 jobs per net acre.Additional climate-friendly areas may comply with this standard or 30 with the standard in subsection(a). 31 (c)Local governments with a population greater than 50,000 shall adopt development regulations for at least one 32 climate-friendly area of at least 25 acres to allow a zoned building capacity,of at least 120,000 square feet per 33 net acre,based on regulations impacting buildable site area as described in OAR 660-012-0315(2)(a)and(b) 34 and allowed building heights,or at least 120,000 square feet per net acre_enable development of at least 40 35 dwelling units and 40 jobs per net acre.Additional climate-friendly areas may comply with this standard or with 36 the standard in subsections(a)or(b). 37 (10)A local government may provide an alternative methodology for zoned residential building capacity 38 calculations that differs from OAR 660-012-0315(2).The methodology must clearly describe all assumptions and 39 calculation steps,and must demonstrate that the methodology provides an equal or better system for determining 40 the zoned residential building capacity sufficient to accommodate at least 30 percent of the total identified number 41 of housing units necessary to meet all current and future housing needs within climate-friendly areas.The 42 alternative methodology shall be supported by studies of development activity in the region,market studies,or 43 similar research and analysis. 44 Statutory/Other Authority:ORS 197.040 45 Statutes/Other Implemented:ORS 197.012,ORS 197.712 Recommended Amendments—October 19,2023 Page 22 of 43 PP 22-0001 ATTACHMENT 1/PAGE 32 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 The title of this rule has been changed to be consistent. 2 660-012-0325: Transportation Review in Climate-Climate-Friendly Areas and Centers 3 The changes to this rule address charge item 12. The changes rearrange some of the provisions of the 4 rule to better clarify the application of the rule to both adopting a climate-friendly area or Region 2040 5 center and reviewing plan or land use regulations within existing climate-friendly areas or Region 2040 6 centers. The changes clarify what actions local governments must take in each circumstance. 7 (1)Cities or counties shall use this rule to review amendments to comprehensive plans or land use regulations within 8 a climate friendly area designated as provided in OAR 660 012 0315 and in Region 2010 centers designated in 9 Title 6 of Metro's Urban Growth Management Functional Plan. Cities and counties shall use this rule to review 10 land use decisions made to implement OAR 660 012 0310 through OAR 660 012 0320.Cities and counties arc 11 exempt from requirements as provided in OAR 660 012 0060 when reviewing amendments to comprehensive 12 plans or land use regulations within a designated climate friendly area and in Region 2040 centers designated in 13 Title 6 of Metro's Urban Growth Management Functional Plan. 14 (1)Cities or counties shall use the provisions of this rule to review amendments to comprehensive plans or land use 15 regulations in lieu of the provisions of OAR 660-012-0060 when the amendment is: 16 (a)To adopt a climate-friendly area as provided in OAR 660-012-0310 through OAR 660-012-0320,or a Metro 17 Region 2040 center;or 18 (b)Within an adopted climate-friendly area or Metro Region 2040 center. 19 (2)Cities and counties making amendments to comprehensive plans or land use regulations to meet requirements as 20 provided in OAR 660 012 0320 must either: 21 (a)Update the transportation system plan as provided in OAR 660 012 0105 and include a multimodal 22 transportation gap summary as provided in section(3)of this rule,considering the proposed land uses in the 23 climate friendly area;or 24 (b)Develop and adopt a multimodal transportation gap summary in coordination with impacted transportation 25 facility providers and transportation service providers as provided in section(3)to meet requirements in OAR 26 660 012 0320. 27 (2)Cities and counties considering amendments to comprehensive plans or land use regulations to adopt or expand a 28 climate-friendly area as provided in OAR 660-012-0310 through OAR 660-012-0320,or a Metro Region 2040 29 center,must make findings,including: 30 (a)A multimodal transportation gap summary as provided in section(4);and 31 (b)The multimodal transportation gap summary must include a highway impacts summary as provided in section 32 (5)if the designated climate-friendly area as provided in OAR 660-012-0315 or Region 2040 center contains a 33 ramp terminal intersection,state highway,interstate highway,or adopted ODOT Facility Plan. 34 (3)Cities and counties considering amendments to comprehensive plans or land use regulations within an adopted 35 climate-friendly area or Metro Region 2040 center must make findings including a highway impacts summary as 36 provided in section(5)if: 37 (a)A city or county is reviewing a plan amendment that includes property in an adopted Interchange Area 38 Management Plan,includes property within one-quarter mile of a ramp terminal intersection,or includes 39 property within one-quarter mile of a state highway segment in an adopted ODOT Facility Plan area;or 40 (b)The city or county is reviewing a plan amendment that would be reasonably likely to result in increasing 41 traffic on the state facility that exceeds the small increase in traffic defined in the Oregon Highway Plan adopted 42 by the Oregon Transportation Commission. 43 (34)A multimodal transportation gap summary must be coordinated between the local jurisdiction,transportation 44 facility providers,and transportation services providers to consider multimodal transportation needs in each 45 climate-friendly area as provided in OAR 660-012-0320 or Region 2040 center.The multimodal transportation 46 gap summary must include: 47 (a)A summary of the existing multimodal transportation network within the climate-friendly area; 48 (b)A summary of the gaps in the pedestrian and bicycle networks in the climate-friendly area,including gaps 49 needed to be filled for people with disabilities,based on the summary of the existing multimodal transportation 50 network; 51 (c)If applicable as provided in section(42),a highway impacts summary as provided in section(5);and 52 (d)A list of proposed projects to fill multimodal network gaps identified in subsection(b). Recommended Amendments—October 19,2023 Page 23 of 43 PP 22-0001 ATTACHMENT 1/PAGE 33 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 ('1)A city or county shall include a highway impacts summary in the multimodal transportation gap summary if the 2 designated climate friendly area as provided in OAR 660 012 0315 or Region 2010 center contains a ramp 3 terminal intersection,state highway,interstate highway,or adopted ODOT Facility Plan. 4 (5)A highway impacts summary must identify how the transportation system may be affected by implementation of 5 the climate-friendly area. The highway impacts summary must include: 6 (a)A summary of the changes between existing and proposed development capacity of the climate-friendly area 7 based on the proposed changes to the comprehensive plan and land use regulations; 8 (b)A summary of the additional motor vehicle traffic generation that may be expected in the planning period, 9 considering reductions for expected complementary mixed-use development,additional multimodal options, 10 and assuming meeting goals for reductions in vehicle miles traveled per capita;and 11 (c)A summary of traffic-related deaths and serious injuries within the climate-friendly area in the past five years. 12 (6)Cities and counties making amendments to adopted land use regulations shall adopt findings including a 13 highway impacts summary as provided in section(5)if: 14 (a)A city or county is reviewing a plan amendment within one quarter mile of a ramp terminal intersection, 15 adopted Interchange Area Management Plan area,or adopted ODOT Facility Plan area,or; 16 (b)The city or county is reviewing a plan amendment that would be reasonably likely to result in increasing 17 18 by the Oregon Transportation Commission. 19 This section has been added to address how plan amendments that affect areas both inside and outside 20 a climate-friendly area or Region 2040 center may be reviewed. 21 (6)Cities and counties considering amendments to comprehensive plans or land use regulations that affect areas 22 both inside and outside an adopted climate-friendly area or Metro Region 2040 center may either: 23 (a)Make separate findings for areas inside the climate-friendly area or Metro Region 2040 center as provided in 24 this rule,and findings for areas outside the climate-friendly area or Metro Region 2040 center as provided in 25 OAR 660-012-0060;or 26 (b)Make findings for all affected areas as provided in OAR 660-012-0060. 27 (7)Cities and counties shall provide notice of proposed adoption of a multimodal transportation gap summary or a 28 revised highway impacts summary to ODOT and other affected transportation facility or service providers prior to 29 submitting notice as provided in OAR 660-018-0020. 30 Statutory/Other Authority:ORS 197.040 31 Statutes/Other Implemented:ORS 197.012,ORS 197.610-197.625,ORS 197.712,ORS 197.717 32 660-012-0330:Land Use Requirements 33 (1)Cities and counties shall implement plans and land use regulations to support compact,pedestrian-friendly, 34 mixed-use land use development patterns in urban areas.Land use development patterns must support access by 35 people using pedestrian,bicycle,and public transportation networks. 36 (2)Cities and counties may allow exemptions to provisions in this rule when conditions on a site or class of sites 37 would make those provisions prohibitively costly or impossible to implement. Cities or counties may adopt land 38 use regulations that provide for exemptions as provided in this section.Any allowed exemption shall advance the 39 purposes of this rule to the extent practical.Conditions that may provide for an exemption include,but are not 40 limited to: 41 (a)Topography or natural features; 42 (b)Railroads,highways,or other permanent barriers; 43 (c)Lot or parcel size,orientation,or shape; 44 (d)Available access; 45 (e)Existing or nonconforming development; 46 (f)To provide for accessibility for people with disabilities;or 47 (g)Other site constraints. 48 (3)Cities and counties shall have land use regulations that provide for pedestrian-friendly and connected 49 neighborhoods.Land use regulations must meet the following requirements for neighborhood design and access: 50 (a)Neighborhoods shall be designed with connected networks of streets,paths,accessways,and other facilities to 51 provide circulation within the neighborhood and pedestrian and bicycle system connectivity to adjacent 52 districts.A connected street network is desirable for motor vehicle traffic but may be discontinuous where Recommended Amendments—October 19,2023 Page 24 of 43 PP 22-0001 ATTACHMENT 1/PAGE 34 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 necessary to limit excessive through-travel,or to protect a safe environment for walking,using mobility 2 devices,and bicycling in the neighborhood. 3 (b)Neighborhoods shall be designed with direct pedestrian access to key destinations identified in OAR 660-012- 4 0360 via pedestrian facilities. 5 (c)Cities and counties shall set block length and block perimeter standards at distances that will provide for 6 pedestrian network connectivity. Cities and counties may allow alleys or public pedestrian facilities through a 7 block to be used to meet a block length or perimeter standard. 8 (d)Cities and counties shall set standards to reduce out-of-direction travel for people using the pedestrian or 9 bicycle networks. 10 (4)Cities and counties shall have land use regulations in commercial and mixed-use districts that provide for a 11 compact development pattern,easy ability to walk or use mobility devices,and allow direct access on the 12 pedestrian,bicycle,and public transportation networks.Commercial or mixed-use site design land use regulations 13 must meet the following requirements: 14 (a)Primary pedestrian entrances to buildings must be oriented to a public pedestrian facility and be accessible to 15 people with mobility disabilities.An uninterrupted accessway,courtyard,plaza,or other pedestrian-oriented 16 space must be provided between primary pedestrian entrances and the public pedestrian facility,except where 17 the entrance opens directly to the pedestrian facility.All pedestrian entrances must be designed to be barrier- 18 free. 19 The changes in this subsection are part of temporary rules adopted by the commission in April. 20 (b)Motor vehicle parking,circulation,access,and loading may be located on site beside or behind buildings. 21 Motor vehicle parking,circulation,access,and loading must not be located on site between buildings and public 22 pedestrian facilities on or along the primary facing street.Bicycle parking may be permitted. 23 (c)On-site accessways must be provided to directly connect key pedestrian entrances to public pedestrian 24 facilities,to any on-site parking,and to adjacent properties,as applicable. 25 (d)Any pedestrian entrances facing an on-site parking lot must be secondary to primary pedestrian entrances as 26 required in this section.Primary pedestrian entrances for uses open to the public must be open during business 27 hours. 28 (e)Large sites must be designed with a connected network of public pedestrian facilities to meet the requirements 29 of this section. 30 (f)Development on sites adjacent to a transit stop or station on a priority transit corridor must be oriented to the 31 transit stop or station.The site design must provide a high level of pedestrian connectivity and amenities 32 adjacent to the stop or station.If there is inadequate space in the existing right of way for transit infrastructure, 33 then the infrastructure must be accommodated on site. 34 (g)Development standards must be consistent with bicycle parking requirements in OAR 660-012-0630. 35 (h)These site design land use regulations need not apply to districts with a predominantly industrial or 36 agricultural character. 37 (5)Cities and counties shall have land use regulations in residential neighborhoods that provide for slow 38 neighborhood streets comfortable for families,efficient and sociable development patterns,and provide for 39 connectivity within the neighborhood and to adjacent districts.Cities and counties must adopt land use regulations 40 to meet these objectives,including but not limited to those related to setbacks,lot size and coverage,building 41 orientation,and access. 42 (6)Cities and counties shall have land use regulations that ensure auto-oriented land uses are compatible with a 43 community where it is easy to walk or use a mobility device.Auto-oriented land uses include uses related to the 44 operation,sale,maintenance,or fueling of motor vehicles,and uses where the use of a motor vehicle is accessory 45 to the primary use,including drive-through uses.Land use regulations must meet the following requirements: 46 (a)Auto-oriented land uses must provide safe and convenient access opportunities for people walking,using a 47 mobility device,or riding a bicycle.Ease of access to goods and services must be equivalent to or better than 48 access for people driving a motor vehicle. 49 (b)Outside of climate-friendly areas,cities and counties may provide for exemptions to this rule in cases where an 50 auto-oriented land use cannot reasonably meet the standards of this rule. Standards developed in cases of an 51 exemption must protect pedestrian facilities. 52 (7)Cities and counties with an urban area over 100,000 in population must have reasonable land use regulations that 53 allow for development of low-car districts. These districts must be developed with no-car or low-car streets,where 54 walking or using mobility devices are the primary methods of travel within the district.Cities and counties must Recommended Amendments—October 19,2023 Page 25 of 43 PP 22-0001 ATTACHMENT 1/PAGE 35 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 make provisions for emergency vehicle access and local freight delivery.Low-car districts must be allowed in 2 locations where residential or mixed-use development is authorized. 3 (8)Cities and counties must implement land use regulations to protect transportation facilities,corridors,and sites 4 for their identified functions.These regulations must include,but are not limited to: 5 (a)Access control actions consistent with the function of the transportation facility,including but not limited to 6 driveway spacing,median control,and signal spacing; 7 (b) Standards to protect future construction and operation of streets,transitways,paths,and other transportation 8 facilities; 9 (c)Standards to protect public use airports as provided in OAR 660-013-0080; 10 (d)Processes to make a coordinated review of future land use decisions affecting transportation facilities, 11 corridors,or sites; 12 (e)Processes to apply conditions to development proposals in order to minimize impacts and protect 13 transportation facilities,corridors,or sites for all transportation modes; 14 (f)Regulations to provide notice to public agencies providing transportation facilities and services,railroads, 15 Metropolitan Planning Organizations,the Oregon Department of Transportation,and the Oregon Depasttatent of 16 Aviation of: 17 (A)Land use applications that require public hearings; 18 (B)Subdivision and partition applications; 19 (C)Other applications that affect private access to roads;and 20 (D)Other applications within airport noise corridors and imaginary surfaces that affect airport operations. 21 (g)Regulations ensuring that amendments to land use designations,densities,and design standards are consistent 22 with the functions,capacities,and performance standards of facilities identified in the TSP. 23 Statutory/Other Authority:ORS 197.040 24 Statutes/Other Implemented:ORS 197.012,ORS 197.712 25 660-012-0405:Parking Regulation Improvements 26 The change in this section clarifies small employee parking lots need not have preferential parking. This 27 is in line with how cities have applied this long-standing rule provision in the past. 28 (1)Cities and counties shall adopt land use regulations as provided in this section: 29 (a)Designated employee parking areas in new developments with more than 50 parking spaces shall provide 30 preferential parking for carpools and vanpools; 31 (b)Property owners shall be allowed to redevelop any portion of existing off-street parking areas for bicycle- 32 oriented and transit-oriented facilities,including bicycle parking,bus stops and pullouts,bus shelters,park and 33 ride stations,and similar facilities;and 34 (c)In applying subsections(a)and(b),land use regulations must allow property owners to go below existing 35 mandated minimum parking supply,access for emergency vehicles must be retained,and adequate parking for 36 truck loading should be considered. 37 The changes in this section clarify the desire to encourage conversion of underused parking areas 38 applies to both on and off-street parking. 39 (2)Cities and counties shall adopt policies for on-street parking and land use regulations for off-street parking that 40 allow and encourage the conversion of existing underused parking areas to other uses. 41 (3)Cities and counties shall adopt policies and land use regulations that allow and facilitate shared parking. 42 The changes in this section addressing tree canopy provisions and exemption of application to parking 43 lots between '/4 and %acre in this section are part of temporary rules adopted by the commission in April 44 and are also charge items 15 and 16. Minor changes in subsection (4)(a)to clarify intent and remove 45 confusing language. There is a clarification the %acre measurement is not just the parking spaces 46 themselves, and another that it is focused on off-street parking. This section also addresses charge item 47 14 to allow counties to have the option of receiving fee-in-lieu payments into a local fund. 48 (4)Cities and counties shall adopt land use regulations for any new development that includes more than one- 49 quarter half acre of new off-street surface parking on a lot or parcel as provided below. The new surface parking 50 area shall be measured based on the perimeter of all new off-street parking spaces,maneuvering lanes,and 51 maneuvering areas,including driveways and drive aisles. as provided below: Recommended Amendments—October 19,2023 Page 26 of 43 PP 22-0001 ATTACHMENT 1/PAGE 36 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 The changes in this subsection clarify that is describes a mitigation action. Changes also clarify that cities 2 and counties may offer only a subset of the actions in the rule if they so wish, and clarifies it applies to 3 new off-street spaces. 4 (a)Developments not required to comply with OAR 330-135-0010 must provide a climate mitigation action. 5 Climate mitigation actions shall include at least one of the following. Cities and counties are not required to 6 offer all these options^^of the f"^wing: 7 (A)Installation of solar panels with a generation capacity of at least 0.5 kilowatt per new off-street parking 8 space on the property.Panels may be located anywhere on the property.In lieu of installing solar panels on 9 site,cities may allow developers to pay$1,500 per parking space in the development into a city or county 10 fund dedicated to equitable solar or wind energy development or a fund at the Oregon Department of Energy 11 designated for such purpose; 12 The change to this paragraph sets$1,500 as a floor, allowing cities and counties to index it for inflation, 13 and clarifies it just applies to off-street parking spaces. 14 (B)_Payment of at least$1,500 per new off-street parking space into a city or county fund dedicated to 15 equitable solar or wind energy development or a fund at the Oregon Department of Energy designated for 16 such purpose; 17 Actions to comply with OAR 330 135 0010;or 18 (C)Tree canopy covering at least 50 40 percent of the new parking lot area at maturity but no more than 15 19 years after planting;or- 20 The change to this paragraph would allow a mixture of actions. 21 (D)A mixture of actions under paragraphs(A)through(C)the city or county deems to meet the purpose of this 22 section. 23 The changes to this subsection clarify it is about trees. The changes also clarify if tree canopy is chosen 24 as the mitigation action under subsection (a) it meets this overlapping requirement. 25 (b)Developments must provide tree canopy.Developments shall provide street either trees along driveways or a 26 minimum of 30 percent tree canopy coverage over new parking areas.Developments but are not required to 27 provide them trees along drive aisles. The tree spacing and species planted must be designed to maintain a 28 continuous canopy except when interrupted by driveways,drive aisles,and other site design considerations. 29 Developments providing 40 percent tree canopy to comply with paragraph(a)(C)comply with this subsection.; 30 and 31 The changes to this subsection clarify pedestrian connections must be included throughout the site, more 32 in line with the previous language and existing TPR; and only need to be made if there are existing or 33 planned pedestrian facilities in the adjacent rights-of-way. 34 (c)Developments must provide pedestrian connections throughout the parking lot,connecting at minimum the 35 following,except where not practical due to site-specific conditions: 36 (A)building entrances; 37 (B)existing or planned pedestrian facilities in the adjacent public rights-of-way; 38 (C)transit stops;and 39 (D)accessible parking spaces.street like design and features along driveways including curbs,pedestrian 40 facilities,and buildings built up to pedestrian facilities. 41 (d)Development of a tree canopy plan under this section shall be done in coordination with the local electric 42 utility,including pre-design,design,building and maintenance phases. 43 The changes to this subsection focus the tree provisions on planting and removes the maintenance 44 provisions. 45 (e)In providing trees under subsections(a)and;(b)and(c),the following standards shall be met.The tree spacing 46 and species planted must be designed to maintain a continuous canopy.Local codes must provide clear and 47 objective standards to achieve such a canopy. Trees must be planted and maintained to maximize their root 48 health and chances for survival,including having ample high-quality soil,space for root growth,and reliable 49 irrigation according to the needs of the species.Trees should be planted in continuous trenches where possible. Recommended Amendments—October 19,2023 Page 27 of 43 PP 22-0001 ATTACHMENT 1/PAGE 37 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 The city or county shall have minimum standards for tree planting and tree care no lower than the 2021 2 American National Standards Institute A300 standards„and a process to ensure ongoing compliance with tree 3 planting and maintenance provisions. 4 (5)Cities and counties shall establish off-street parking maximums in appropriate locations,such as downtowns, 5 designated regional or community centers,and transit-oriented developments. 6 Statutory/Other Authority:ORS 197.040 7 Statutes/Other Implemented:ORS 197.012,ORS 197.712 8 660-012-0410: Electric Vehicle Charging 9 (1)This rule applies to cities within a metropolitan area. 10 (2)Cities shall ensure new development supports electric vehicle charging pursuant to amendments to the state 11 building code adopted pursuant to ORS 455.417. 12 The change in this section makes a minor clarification. 13 (3)As authorized in ORS 455.417(4),for new multifamily residential buildings with five or more residential 14 dwelling units,and new mixed-use buildings consisting of privately owned commercial space and five or more 15 residential dwelling units,cities shall require the provision of electrical service capacity,as defined in ORS 16 455.417,to accommodate serve 40 percent of all vehicle parking spaces. 17 Statutory/Other Authority:ORS 197.040 18 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 455.417 19 660-012-0415: Parking Maximums and Evaluation in More Populous Communities 20 The changes in this section address charge items 17 and 18. The changes include a clarification about 21 which map is being referenced, and about which parking maximum requirements may apply. 22 (1)Cities with populations over 100,000,counties with populations over 100,000 outside city limits but within the 23 urban growth boundary,and cities with populations over 25,000 within the Portland Metropolitan Area,shall set 24 parking maximums in climate-friendly areas,and in Metro Region 2040 centersregional centers and town centers, 25 designated under the Metro Title 6,Centers,Corridors,Station Communities and Main Streets,Adopted 26 Boundaries map.Those cities and counties shall also set parking maximums on lots or parcels within the transit 27 corridors and rail stop areas listed in OAR 660-012-0440.Cities and counties that have designated priority transit 28 corridors under OAR 660-012-0710 may set parking maximums in those corridors in place of the corridors 29 identified in OAR 660-012-0440(3)(b)and(c). 30 (a)Parking maximums shall be no higher than 1.2 off-street parking spaces per studio unit and two off-street 31 parking spaces per non-studio residential unit in a multi-unit housing development in climate-friendly areas and 32 within one-half mile walking distance of priority transit corridors.These maximums shall include visitor 33 parking; 34 (b)Parking maximums shall be no higher than five spaces per 1,000 square feet of floor space for all commercial 35 and retail uses other than automobile sales and repair,eating and drinking establishments,and entertainment 36 and commercial recreation uses; 37 (c)For land uses with more than 65,000 square feet of floor area,surface parking may not consist of more area 38 than the floor area of the building;and 39 The changes in this subsection are part of temporary rules adopted by the commission in April. 40 (d)In setting parking maximums,cities and counties shall consider setting maximums equal to or less than 150 41 percent of parking mandates in their adopted land use regulations in effect as of January 1,2020.A city or 42 county that sets a higher parking maximum must adopt findings for doing so.In no case shall the city or county 43 exceed the limits in subsections(a)through(c)in climate friendly areas and for developments on parcels or lots 44 within one half mile of transit corridors and three quarters mile of rail transit stops listed in OAR 660 012 45 0410;and 46 (ed)Non-surface parking,such as tuck-under parking,underground and subsurface parking,and parking 47 structures may be exempted from the calculations in this section. Recommended Amendments—October 19,2023 Page 28 of 43 PP 22-0001 ATTACHMENT 1/PAGE 38 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 The changes in this section clarify the areas listed are the key areas for parking management, even when 2 a city has taken the path of waiving parking mandates and is therefore not subject to OAR 660-012--0435 3 and OAR 660-012-0440. 4 (2)Cities with populations over 200,000 shall,in addition to the requirements in section(1)of this rule: 5 (a)Study the use of priced on-street timed parking spaces in those areas subject listed in SOAR 660-012-0435w 6 and OAR-er-660-012-0440(2)and(3).This study shall be conducted every three years or more frequently. 7 Cities shall adjust prices to ensure availability of on-street parking spaces at all hours.This shall include all 8 spaces in the city paid by minutes,hours,or day but need not include spaces where a longer-term paid 9 residential permit is required; 10 (b)Use time limits or pricing to manage on-street parking spaces in an area at least one year before authorizing 11 any new structured parking on city-owned land including more than 100 spaces in that area after March 31, 12 2023; 13 (c)Adopt procedures ensuring prior to approval of construction of additional structured parking projects of more 14 than 300 parking spaces designed to serve existing uses,developer of that parking structure must implement 15 transportation demand management strategies for a period of at least six months designed to shift at least 10 16 percent of existing vehicle trips ending within one-quarter mile of the proposed parking structure to other 17 modes;and 18 (d)Adopt design requirements requiring applicants to demonstrate that the ground floor of new private and public 19 structured parking that fronts a public street and includes more than 100 parking spaces would be convertible to 20 other uses in the future,other than driveways needed to access the garage. 21 Statutory/Other Authority:ORS 197.040 22 Statutes/Other Implemented:ORS 197.012,ORS 197.712 23 660-012-0425:Reducing the Burden of Parking Mandates 24 (1)This rule applies to cities and counties that: 25 (a)Are within a metropolitan area;and 26 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. 27 The changes in this section clarify wording and remove duplication with OAR 660-012-0405(3) 28 requirement on shared parking. 29 (2)Cities and counties shall adopt and enforce land use regulations as provided in this section: 30 (a)Garages and carports may not be required for residential developments; 31 (b)Garage parking spaces shall count towards off-street parking mandates; 32 (c)Provision of shared parking shall be allowed to meet parking mandates; 33 (d)Required parking spaces may be provided off-site,within 2,000 feet pedestrian travel of a site.If any non- 34 loading parking is provided on site,all required parking for parking for people with disabilities shall be on site. 35 If all parking is off-site,parking for people with disabilities must be located within the shortest possible distance 36 of an accessible entrance via an accessible path and no greater than 200 feet from that entrance; 37 (e)Parking mandates shall be reduced by one off-street parking space for each three kilowatts of capacity in solar 38 panels or wind power that will be provided in a development; 39 (f)Parking mandates shall be reduced by one off-street parking space for each dedicated car-sharing parking space 40 in a development.Dedicated car-sharing parking spaces shall count as spaces for parking mandates; 41 (g)Parking mandates shall be reduced by two off-street parking spaces for every electric vehicle charging station 42 provided in a development.Parking spaces that include electric vehicle charging while an automobile is parked 43 shall count towards parking mandates;and 44 (h)Parking mandates shall be reduced by one off-street parking space for every two units in a development above 45 minimum requirements that are fully accessible to people with mobility disabilities. 46 (3)Any reductions under section(2)shall be cumulative and not capped. 47 The deletion of this section is part of temporary rules adopted by the commission in April. 48 ('1)Cities and counties shall require the parking for multi family residential units in the areas in OAR 660 012 0440 49 be unbundled parking. 50 Statutory/Other Authority:ORS 197.040 51 Statutes/Other Implemented:ORS 197.012,ORS 197.712 Recommended Amendments—October 19,2023 Page 29 of 43 PP 22-0001 ATTACHMENT 1/PAGE 39 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 660-012-0430:Reduction of Parking Mandates for Development Types 2 (1)This rule applies to cities and counties that: 3 (a)Are within a metropolitan area;and 4 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. 5 (2)Cities and counties may not require more than one parking space per unit in residential developments with more 6 than one dwelling unit on a single legally-established property. 7 The changes in this section address charge item 13. The changes make language parallel. 8 (3)Cities and counties may not require parking enforce parking mandates for the following development or use 9 types: 10 (a)Facilities and homes designed to serve people with psychosocial,physical,intellectual or developmental 11 disabilities,including but not limited to a:residential care facility,residential training facility,residential 12 treatment facility,residential training home,residential treatment home,and conversion facility as defined in 13 ORS 443.400; 14 (b)Child care facility as defined in ORS 329A.250; 15 (c)Single-room occupancy housing; 16 (d)Residential units smaller than 750 square feet; 17 (e)Affordable housing as defined in OAR 660-039-0010; 18 (f)Publicly supported housing as defined in ORS 456.250; 19 (g)Emergency and transitional shelters for people experiencing homelessness;and 20 (h)Domestic violence shelters. 21 Statutory/Other Authority:ORS 197.040 22 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 329A.250,ORS 443.400,ORS 456.250 23 660-012-0435:Parking Reform in Climate:-Friendly Areas and Centers 24 (1)This rule applies to cities and counties that: 25 (a)Are within a metropolitan area;and 26 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. 27 The changes in this section address charge items 18 and 20. The changes include a minor clarification 28 about which map is referenced, and other cleaner language and an exemption of townhouses and 29 rowhouses. 30 (2)Cities and counties shall adopt land use regulations addressing parking mandates in climate-friendly areas as 31 provided in OAR 660-012-0310.Cities and counties in Metro shall adopt land use regulations addressing parking 32 mandates in Metro Region 2040 centers regional centers and town centers designated under the Metro Title 6, 33 Centers,Corridors,Station Communities and Main Streets,Adopted Boundaries map.In each such area,cities and 34 counties shall either: 35 (a)Remove all parking mandates within the area and on parcels in its jurisdiction that include land within one- 36 quarter mile distance of those areas;or 37 (b)Manage parking by: 38 (A)Adopting a parking benefit district with paid on-street parking and some revenues dedicated to public 39 improvements in the area; 40 (B)Adopting land use amendments regulations te-requiringe no more than one-half off-street parking space per 41 dwelling unit in the area that is not a townhouse or rowhouse; and 42 (C)Adopting land use regulations without parking mandates for commercial developments. 43 The deletion of this section is part of temporary rules adopted by the commission in April. 44 (3)Cities and counties that opt to retain parking mandates under OAR 660 012 0100 shall require the parking for 45 multi family residential units in the areas listed in section(2)be unbundled parking. 46 Statutory/Other Authority:ORS 197.040 47 Statutes/Other Implemented:ORS 197.012,ORS 197.712 Recommended Amendments—October 19,2023 Page 30 of 43 PP 22-0001 ATTACHMENT 1/PAGE 40 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 660-012-0440:Parking Reform Near Transit Corridors 2 The changes in this rule address charge items 21 and 22. The changes include clarification about how 3 sections (3)(b)and (c) interact, along with the ability to set areas without mandates once per year. 4 (1)This rule applies to cities and counties that: 5 (a)Are within a metropolitan area;and 6 (b)Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. 7 (2)Cities and counties may not require parking spaces enforce parking mandates for developments on a lot or parcel 8 that includes lands within three-quarters mile of rail transit stops. 9 (3)Cities and counties may not enforce parking mandates for developments on a lot or parcel that includes lands 10 within one-half mile of frequent transit corridors,including: 11 (a)Priority transit corridors designated under OAR 660-012-0710; 12 (b)Corridors with bus transit service arriving with a scheduled frequency of at least four times an hour during 13 peak service;and 14 (c)If a community has no corridor qualifying under subsection(b),cCorridors with the most frequent transit route 15 or routes service in the community if the scheduled frequency is at least once per hour during peak service. 16 (4)Cities and counties may use either walking distance or straight-line distance in measuring distances in this rule. 17 (5)In determining the extent of lands subject to subsection(3)(b)or(c),a city or county shall either: 18 (a)Evaluate current service frequencies on the date a land use application is submitted,provided the application 19 remains valid for review pursuant to ORS 215.427 or ORS 227.178,or 20 (b)Adopt a map designating these lands based on service frequency on the date development codes implementing 21 this rule are adopted. The city or county must update the map at least once per year from the date of adoption if 22 services frequencies change and additional lands become subject to subsection(3)(b)or(c).The city or county 23 must use subsection(5)(a)if additional lands are subject to subsections(3)(b)or(c)and the adopted map is 24 more than one year old. 25 Statutory/Other Authority:ORS 197.040 26 Statutes/Other Implemented:ORS 197.012,ORS 197.712 27 660-012-0445: Parking Management Alternative Approaches 28 (1)In lieu of adopting land use regulations without parking mandates under OAR 660-012-0420,cities and counties 29 shall select and implement either a fair parking policy approach as provided in subsection(a)or a reduced 30 regulation parking management approach as provided in subsection(b). 31 The changes in this subsection are part of temporary rules adopted by the commission in April and 32 address charge item 17. Additional clarification on when unbundling takes effect per charge item 19. 33 (a)A fair parking policy approach shall include at least three two of the following five provisions,including at 34 least one provision from paragraphs(A)through(C): 35 (A)A requirement that parking spaces for each residential unit in multi-unit housing developments that include 36 five or more leased or sold residential units on a lot or parcel be unbundled parking upon lease creation,lease 37 renewal,or sale. Cities and counties may exempt townhouse and rowhouse development from this 38 requirement; 39 (B)A requirement that parking spaces serving leased commercial developments be unbundled parking upon 40 lease creation or renewal; 41 (C)A requirement for employers of 50 or more employees who provide free or subsidized parking to their 42 employees at the workplace provide a flexible commute benefit of$50 per month or the fair market value of 43 that parking,whichever is greater,to those employees eligible for that free or subsidized parking who 44 regularly commute via other modes instead of using that parking; 45 (D)A tax on the revenue from commercial parking lots collecting no less than 10 percent of income,with 46 revenues dedicated to improving transportation alternatives to drive-alone travel;and 47 (E)A reduction of parking mandates for new multifamily multi-unit housing residential development to no 48 higher than one-half spaces per unit,including visitor parking. Recommended Amendments—October 19,2023 Page 31 of 43 PP 22-0001 ATTACHMENT 1/PAGE 41 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 The changes in this subsection are part of temporary rules adopted by the commission in April. Additional 2 changes clarify historic resources references per charge item 23 and that the scope of"change of use 3 and redevelopment" is not unlimited. Clarification on when unbundling must take effect for charge item 4 119. 5 (b)A reduced regulation parking management approach shall include all of the following: 6 (A)A repeal of all parking mandates within one-half mile pedestrian travel of climate-friendly areas; 7 (B)A repeal of parking mandates for transit oriented development and mixed-use development; 8 (C)A repeal of parking mandates for group quarters,including but not limited to dormitories,religious group 9 quarters,adult care facilities,retirement homes,and other congregate housing; 10 (D)A repeal of parking mandates for studio apartments,one-bedroom apartments and condominiums in 11 residential multi-unit housing developments of five or more units on a lot or parcel; 12 (E)A repeal of parking mandates for change of use of,or redevelopment of,buildings vacant for more than two 13 years.Cities and counties may require registration of a building as vacant two years prior to the waiving of 14 parking mandates; 15 (F)A repeal of requirements to provide additional parking for change of use or redevelopment where at least 50 16 percent of the building floor area is retained; 17 (G)A repeal of parking mandates for expansion of existing businesses by less than 30 percent of a building 18 footprint; 19 (H)A repeal of parking mandates for buildings within a National Historic District,on the National Register of 20 Historic Places,or identified as a designated or contributing structure on a local inventory of historic 21 resources or buildings; 22 (I)A repeal of parking mandates for commercial properties that have fewer than ten on-site employees or 3,000 23 square feet floor space; 24 (J)A repeal of parking mandates for developments built under the Oregon Residential Reach Code; 25 (K)A repeal of parking mandates for developments seeking certification under any Leadership in Energy and 26 Environmental Design(LEED)rating system,as evidenced by either proof of pre-certification or registration 27 and submittal of a complete scorecard; 28 (L)A repeal of parking mandates for schools; 29 (M)A repeal of parking mandates for bars and taverns;and 30 (N)Setting parking maximums consistent with OAR 660 012 0115(1),notwithstanding populations listed in 31 that section;and 32 (AN)Implementation of at least one pricing mechanism,either: 33 @Designation of at least one residential parking district or parking benefit district where on-street parking is 34 managed through paid permits,meters,or other payments,or time limits.;or 35 (ii)Requirements that parking for multi-unit housing units be unbundled parking upon lease renewal or sale. 36 (2)Cities and counties may change their selection between subsections(1)(a)and(b)at any time. 37 Statutory/Other Authority:ORS 197.040 38 Statutes/Other Implemented:ORS 197.012,ORS 197.712 39 660-012-0505: Pedestrian System Inventory 40 The change in this section addresses charge item 24. The change clarifies that the inventory requirement 41 applies within '/4 mile of primary and secondary(K-12)schools. 42 (1)Pedestrian system inventories must include information on pedestrian facilities and street crossings for all areas 43 within climate-friendly areas,within Metro Region 2040 centers,within one-quarter mile of all primary and 44 secondary schools,and along all arterials and collectors.Pedestrian system inventories should include information 45 on pedestrian facilities and street crossings for all areas within the planning area. 46 (a)Inventories of pedestrian facilities must include information on width and condition. 47 (b)Inventories of street crossings must include crossing distances,the type of crossing,closed crossings,curb 48 ramps,and distance between crossings. 49 (2)Pedestrian system inventories must include the crash risk factors of inventoried pedestrian facilities,including 50 but not limited to speed,volume,and roadway width.Pedestrian system inventories must also include the location 51 of all reported injuries and deaths of people walking or using a mobility device.This must include all reported 52 incidents from the most recent five years of available data prior to the year of adoption of the pedestrian system 53 inventory. Recommended Amendments—October 19,2023 Page 32 of 43 PP 22-0001 ATTACHMENT 1/PAGE 42 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 Statutory/Other Authority:ORS 197.040 2 Statutes/Other Implemented:ORS 197.012,ORS 197.712 3 660-012-0510:Pedestrian System Requirements 4 The change in this section addresses charge item 8. The change clarifies that local governments may 5 apply mode-specific functional classifications to pedestrian facilities. 6 (1)This rule describes the minimum planned pedestrian facilities that must be included in plans.Cities and counties 7 may choose to exceed the requirements in this rule. Cities and counties may choose to apply pedestrian functional 8 classifications to pedestrian facilities. 9 (2)Pedestrian facility owners must design,build,and maintain pedestrian facilities to allow comfortable travel for 10 all people,including people with disabilities. 11 (3)All streets and highways,other than expressways,shall have pedestrian facilities,as provided in ORS 366.514. 12 (a)Pedestrian facilities must be planned for both sides of each street. 13 (b)Cities shall plan for enhanced pedestrian facilities such as wide,protected sidewalks and pedestrian zones, 14 such as plazas,in the following contexts: 15 (A)Along high volume or high-speed streets; 16 (B)In climate-friendly areas and Metro Region 2040 centers; 17 (C)In areas with concentrations of underserved populations. 18 The change in this subsection addresses charge item 25. The change clarifies that the right-of-way to be 19 considered in this requirement includes right-of-way dedicated to transportation purposes, not necessarily 20 right of way for utilities or other purposes. 21 (c)A substantial portion of the right-of-way dedicated to transportation uses in climate-friendly areas and Metro 22 Region 2040 centers must be dedicated to pedestrian uses,including but not limited to sidewalks,pedestrian 23 plazas,and protective buffers. 24 (d)Cities shall plan for enhanced tree canopy and other infrastructure that uses natural and living materials in 25 pedestrian spaces in climate-friendly areas,Metro Region 2040 centers,and areas with concentrations of 26 underserved populations. 27 (4)Off-street multi-use paths must be designed to permit comfortable joint or separated use for people walking, 28 using mobility devices,and cycling. Separated areas for higher speeds and low speeds shall be provided when 29 there is high anticipated use of the path. 30 (5)Enhanced crossings are pedestrian facilities to cross streets or highways that provide a high level of safety and 31 priority to people crossing the street.Enhanced crossings must have adequate nighttime illumination to see 32 pedestrians from all vehicular approaches.Enhanced crossings must be provided,at minimum,in the following 33 locations: 34 (a)Closely spaced along arterial streets in climate-friendly areas and Metro Region 2040 centers; 35 (b)Near transit stops on local access priority arterial segments,or collector streets in a climate-friendly area or 36 Metro Region 2040 center,or on a priority transit corridor; 37 (c)At off-street path crossings;and 38 (d)In areas with concentrations of underserved populations. 39 (6)Cities may take exemptions to the requirements in this rule through findings in the transportation system plan, 40 for each location where an exemption is desired,for the following reasons: 41 (a)A city may plan for a pedestrian facility on one side of local streets in locations where topography or other 42 barriers would make it difficult to build a pedestrian facility on the other side of the street,or where existing and 43 planned land uses make it unnecessary to provide pedestrian access to the other side of the street. Street 44 crossings must be provided near each end of sections where there is a pedestrian facility on only one side of the 45 street. 46 (b)A city or county may plan for no dedicated pedestrian facilities on very slow speed local streets that are 47 sufficiently narrow,and carry little or no vehicular traffic,so that pedestrians are the primary users of the street. 48 Statutory/Other Authority:ORS 197.040 49 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 366.514 Recommended Amendments—October 19,2023 Page 33 of 43 PP 22-0001 ATTACHMENT 1/PAGE 43 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 660-012-0605:Bicycle System Inventory 2 (1)Bicycle system inventories must include information on bicycle lanes,bicycle routes,accessways,paths,and 3 other types of bicycle facilities,including pedestrian facilities that may be used by bicycles.Inventories must 4 include information on width,type,and condition. 5 The change in this section addresses charge item 24. The change clarifies that the inventory requirement 6 applies within 1/4 mile of primary and secondary (K-12)schools. 7 (2)Bicycle system inventories must include information on bicycle facilities of all types within climate-friendly 8 areas,within Metro Region 2040 centers,within one-quarter mile of all primary and secondary schools,on bicycle 9 boulevards,and along all arterials and collectors.Bicycle system inventories should include information on 10 bicycle facilities and street crossings for all areas within the planning area. 11 (3)Bicycle system inventories must include the crash risk factors of inventoried bicycle facilities,including but not 12 limited to speed,volume,separation,and roadway width.Bicycle system inventories must also include the 13 location of all reported injuries and deaths of people on bicycles.This must include all reported incidents from the 14 most recent five years of available data prior to the year of adoption of the bicycle system inventory. 15 Statutory/Other Authority:ORS 197.040 16 Statutes/Other Implemented:ORS 197.012,ORS 197.712 17 660-012-0610:Bicycle System Requirements 18 The change in this section addresses charge item 8. The change clarifies that local governments may 19 apply mode-specific functional classifications to bicycle facilities. 20 (1)This rule describes the minimum planned bicycle facilities that must be included in plans. Cities or counties may 21 choose to exceed the requirements in this rule. Cities and counties may choose to apply bicycle functional 22 classifications to bicycle facilities. 23 (2)Cities and counties shall plan for a connected network of bicycle facilities that provides a safe,low stress,direct, 24 and comfortable experience for people of all ages and abilities.All ages and abilities includes: 25 (a)School-age children; 26 (b)People over 65 years of age; 27 (c)Women; 28 (d)People of color; 29 (e)Low-income riders; 30 (f)People with disabilities; 31 (g)People moving goods,cargo,or other people;and 32 (h)People using shared mobility services. 33 (3)A connected network is comprised of both the ability to access key destinations within a community and enough 34 coverage of safe and comfortable facilities to ensure most people within the community can travel by bicycle. 35 (a)Cities and counties must design the connected network to connect to key destinations identified as provided in 36 OAR 660-012-0360,and to and within each climate-friendly area or Metro Region 2040 center. 37 (b)Cities and counties must design the connected network to permit most residents of the planning area to access 38 the connected network with an emphasis on mitigating uncomfortable or unsafe facilities or crossings. 39 (c)The connected network shall consist of connected bicycle facilities including,but not limited to, separated and 40 protected bicycle facilities,bicycle boulevards,and multi-use or bicycle paths.The connected network must 41 include a series of interconnected bicycle facilities and provide direct routes to key destinations.Cities and 42 counties must design comfortable and convenient crossings of streets with high volumes of traffic or high-speed 43 traffic. 44 The changes in this section address concerns that the application of certain bicycle facilities was unclear. 45 (4)Cities and counties shall plan and design bicycle facilities considering the context of adjacent motor vehicle 46 facilities and land uses. 47 (a)Cities and counties shall must design bicycle facilities with higher levels of separation or protection along 48 streets that have higher volumes or speeds of traffic. 49 (b)Cities and counties shall must plan for separated or protected bicycle facilities on streets in climate-friendly 50 areas,Metro Region 2040 Ceenters,and other places with a concentration of destinations. Cities and counties 51 are not required to plan sSeparated or protected bicycle facilities may not be necessary on streets with very low Recommended Amendments—October 19,2023 Page 34 of 43 PP 22-0001 ATTACHMENT 1/PAGE 44 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 levels of motor vehicle traffic,with slow speeds of motor vehicles,or near where a high-quality parallel bicycle 2 facility on the connected network exists within one block. 3 (c)Cities and counties shall must identify locations with existing bicycle facilities along high traffic or high-speed 4 streets where the existing facility is not protected or separated,or parallel facilities do not exist. Cities and 5 counties shall must plan for a transition to appropriate facilities in these locations. 6 (5)Cities and counties shall adopt standards for bicycle system planning and facilities that will result in a safe,low 7 stress,and comfortable experience for people of all ages and abilities.In adopting standards,cities and counties 8 may use one or more of the following: 9 (a)The Urban Bikeway Design Guide,second edition,published by the National Association of City 10 Transportation Officials; 11 (b)Designing for All Ages&Abilities,December 2017,published by the National Association of City 12 Transportation Officials;and 13 (c)For state facilities,The Blueprint for Urban Design,2019,published by the Oregon Department of 14 Transportation. 15 (6)Cities and counties shall use the transportation prioritization framework in OAR 660-012-0155 when making 16 decisions about bicycle facilities. 17 Statutory/Other Authority:ORS 197.040 18 Statutes/Other Implemented:ORS 197.012,ORS 197.712 19 660-012-0630: Bicycle Parking 20 The changes in this rule address charge item 17. The rule has also been reorganized to be clearer about 21 which uses need to have required bicycle parking (section 2), minimum parking requirements for some 22 residential uses (section 3), and standards for required bicycle parking (section 4). The updated rule also 23 removes the existing requirements for a certain number of bike parking spaces for uses where off-street 24 motor vehicle parking is required. 25 (1)Cities and counties shall require and plan for adequate parking to meet the increasing need for travel by bicycle 26 and other small-scale mobility devices. 27 (2)Cities and counties shall require bicycle parking for the following uses: 28 (a)All new multi-unit development or mixed-use development of five residential units or more as provided in 29 section(3); 30 (b)All new retail development; 31 (c)All new office and institutional developments; 32 (d)All major transit stops,and any park-and-ride lots that require land use approval;and 33 (f)Any land use where off-street motor vehicle parking is mandated. 34 This section provides that cities and counties must have required bicycle parking for multi-unit and mixed- 35 use residential uses. Staff presents three options to the commission for this section based on 36 conversations at the rulemaking advisory committee and testimony received. 37 OPTION A: This option prescribes a minimum of one bicycle parking space per residential unit. 38 (3)Cities and counties shall require a minimum of one covered bicycle parking space per unit for multi-unit and 39 mixed-use residential uses. 40 OPTION B: This is the staff recommended option. This option provides for a minimum of one bicycle 41 parking space per residential unit and provides for cities and counties to allow case-by-case adjustments 42 as well as different requirements in some situations. 43 (3)Cities and counties shall require a minimum of one covered bicycle parking space per unit for multi-unit and 44 mixed-use residential uses. Cities and counties may: 45 (a)Allow for reductions or exemptions to the minimum parking requirement based on development-specific 46 considerations;and 47 (b)Exempt or reduce the minimum parking requirement for certain types of residential uses that are likely to have 48 less future demand for bicycle parking. Recommended Amendments—October 19,2023 Page 35 of 43 PP 22-0001 ATTACHMENT 1/PAGE 45 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 OPTION C: This option prescribes a minimum of one half of a bicycle parking space per unit. 2 (3)Cities and counties shall require a minimum of one-half of a covered bicycle parking space per unit,rounded up 3 to the next nearest whole number,for multi-unit and mixed-use residential uses. 4 (4)Cities and counties shall adopt development regulations requiring all required bicycle parking provided must: 5 (a)Either allow ways to lock at least two points on a bicycle,or be within a lockable space only available to 6 authorized users; 7 (b)Be installed in a manner to allow space for the bicycle to be maneuvered to a position where it may be secured 8 without conflicts from stairs,other parked bicycles,walls,or other obstructions; 9 (c)Be in a location that is convenient and well-lit;and 10 (d)Include bicycle parking spaces to accommodate large bicycles,including family and cargo bicycles. 11 (5)Cities and counties shall provide for public bicycle parking and allow and provide for parking and ancillary 12 facilities for shared bicycles or other small-scale mobility devices in climate-friendly areas,Metro Region 2040 13 centers,and near key destinations identified as provided in OAR 660-012-0360. 14 (2)Cities and counties shall require covered,secure bicycle parking for all new multifamily development or mixed 15 use development of four residential units or more,and new office and institutional developments. Such bicycle 16 parking must include at least one bicycle parking space for each residential unit. 17 (3)Cities and counties shall require bicycle parking for all new retail development. Such bicycle parking shall be 18 located within a short distance from the main retail entrance. 19 (1)Cities and counties shall require bicycle parking for all major transit stations and park and ride lots. 20 (5)Cities and counties shall require bicycle parking in climate friendly areas,Metro Region 2040 centers,and near 21 key destinations identified as provided in OAR 660 012 0360. 22 (6)Cities and counties shall allow and provide for parking and ancillary facilities for shared bicycles or other small 23 scale mobility devices in climate friendly areas,Metro Region 2010 centers,and near key destinations identified 24 as provided in OAR 660 012 0360. 25 (7)Cities and counties shall require bicycle parking for any land use where off street motor vehicle parking is 26 mandated.The minimum number of bicycle parking spaces shall be no less than the greater of: 27 (a)Twice the number of mandated motor vehicle parking spaces,raised to the power of 0.7,rounded to the next 28 highest whole number;or 29 (b)As otherwise provided in this rule. 30 (8)Cities and counties shall ensure that all bicycle parking provided must: 31 (a)Allow ways to secure at least two points on a bicycle; 32 (b)Be installed in a manner to allow space for the bicycle to be maneuvered to a position where it may be secured 33 without conflicts from other parked bicycles,walls,or other obstructions; 34 (c)Be in a location that is convenient and well lit;and 35 (d)Include sufficient bicycle parking spaces to accommodate large bicycles,including family and cargo bicycles. 36 Statutory/Other Authority:ORS 197.040 37 Statutes/Other Implemented:ORS 197.012,ORS 197.712 38 660-012-0700: Public Transportation System Planning 39 The changes in this section address charge item 26. The changes clarify how local governments are to 40 work with transit service providers. There are also changes to use terms consistently. 41 (1)Transportation system plans must include a public transportation system element that meets the requirements of 42 this rule. Cities and counties must work in close cooperation with transit service providers in order to complete the 43 public transportation system element of the transportation system plan. 44 (a)Cities and counties shall coordinate with public transportation service providers to develop the public 45 transportation system plan element. 46 (b)The public transportation system plan element must include elements of the public transportation system that 47 are in the control of the city,county,and coordinating transportation facility owners. 48 (c)The public transportation system plan element must identify elements of the public transportation system that 49 the city or county will work with transit service providers to realize or improve,including transit priority 50 corridors,transit supportive infrastructure,and stop amenities. 51 (d)Cities and counties must coordinate with transit service providers to align the public transportation system plan 52 transit element with Transit Development Plans,goals,and other strategic planning documents developed 53 adopted by-a transit service providers to the extent practical. Recommended Amendments—October 19,2023 Page 36 of 43 PP 22-0001 ATTACHMENT 1/PAGE 46 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (e)Transportation system plans do not control public transportation elements exclusively controlled by transit 2 service providers.These include funding or details of transit service provision,including timetables and routing. 3 (2)A public transportation system element must include the following elements: 4 (a)The complete public transportation system as described in section(3)that includes the full buildout and 5 provision of services of the public transportation system within the urban growth boundary; 6 (b)Identification of gaps and deficiencies in the public transportation system as described in section(4); 7 (c)Locations of key public transportation destinations identified as provided in OAR 660-012-0360;and 8 (d)A list of prioritized public transportation system projects developed as provided in OAR 660-012-0720. 9 (3)The complete public transportation system is the full buildout of a complete public transportation system within l 0 the planning area.The city or county determines the complete public transportation system plan by: 11 (a)Using the public transportation system inventory developed under OAR 660-012-0705 as a base;and 12 (b)Adding the minimum public transportation services and facilities to places that do not presently meet the 13 minimum public transportation system requirements in OAR 660-012-0710. 14 (4)Cities and counties shall identify gaps and deficiencies in the public transportation system by comparing the 15 complete public transportation system with the public transportation system inventory developed under OAR 660- 16 012-0705. Cities and counties must include any part of the complete public transportation system not presently 17 built or operated to the standards in the complete public transportation system plan as a gap or deficiency. Cities 18 and counties must identify gaps in the transit supportive facilities provided on priority transit corridors and other 19 transit corridors identified as provided in OAR 660-012-0710.Transit supportive facilities include,but are not 20 limited to: 21 (a)Stations,hubs,stops,shelters,signs,and ancillary features;and 22 (b)Transit priority infrastructure,including signals,queue jumps,and semi-exclusive or exclusive bus lanes or 23 transitways. 24 Statutory/Other Authority:ORS 197.040 25 Statutes/Other Implemented:ORS 197.012,ORS 197.712 26 660-012-0810: Street and Highway System Requirements 27 (1)Cities and counties shall plan,design,build,and maintain a connected streets and highway network in a manner 28 that respects the prioritization factors in OAR 660-012-0155. 29 (a)Cities and counties shall plan streets and highways for the minimum size necessary for the identified function, 30 land use context,and expected users of the facility. 31 (b)Cities and counties shall consider and reduce excessive standards for local streets and accessways in order to 32 reduce the cost of construction,increase safety,provide for more efficient use of urban land,provide for 33 emergency vehicle access while discouraging inappropriate traffic volumes and speeds,provide for utility 34 placement,and support connected and safe pedestrian and bicycle networks. 35 (c)Cities and counties shall plan for an equitable allocation of right-of-way consistent with the prioritization 36 factors as provided in OAR 660-012-0155. Streets in climate-friendly areas,Metro Region 2040 centers,and 37 along priority transit corridors must be designed to prioritize pedestrian,bicycle,and transit systems,as 38 provided in OAR 660-012-0510,OAR 660-012-0610,and OAR 660-012-0710. 39 (2)Cities and counties shall plan local streets to provide local access to property and localized circulation within 40 neighborhoods. 41 (a)Cities and counties shall plan and design local streets for low and safe travel speeds compatible with shared 42 pedestrian and bicycle use. 43 (b)Cities and counties shall establish standards for local streets with pavement width and right-of-way width as 44 narrow as practical to meet needs,reduce the cost of construction,efficiently use urban land,discourage 45 inappropriate traffic volumes and speeds,improve safety,and accommodate convenient pedestrian and bicycle 46 circulation.Local street standards adopted by a city or county must be developed as provided in ORS 368.039. 47 A local street standard where the paved width is no more than 28 feet on streets where on-street parking is 48 permitted on both sides of the street shall be considered adequate to meet this requirement.Wider standards 49 may be adopted if the local government makes findings that the wider standard is necessary. 50 (c)Cities and counties shall plan and design a complete and connected network of local streets. Cities and 51 counties may plan for chicanes,diverters,or other strategies or devices in local street networks where needed to 52 prevent excessive speed or through travel.These measures must continue to provide for connected and 53 pedestrian and bicycle networks. Recommended Amendments—October 19,2023 Page 37 of 43 PP 22-0001 ATTACHMENT 1/PAGE 47 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (d)Cities and counties shall avoid planning or designing local streets with a dead end.Dead end local streets may 2 be permitted in locations with topographic or other barriers,or where the street is planned to continue to a 3 connected network in the future. 4 (e)Cities and counties shall plan for multimodal travel on local streets as provided in OAR 660-012-0510,OAR 5 660-012-0610,and OAR 660-012-0710. Cities and counties must plan local streets in climate-friendly areas and 6 Metro Region 2040 centers to prioritize pedestrian and bicycle systems,and be limited to local access for motor 7 vehicles. 8 (f)A city or county may plan for local streets to be wider than otherwise allowed in this rule when used 9 exclusively for access to industrial or commercial properties outside of climate-friendly areas or Metro Region 10 2040 centers,and where plans do not allow residential or mixed-use development. 11 (g)Transportation system plans need not include the specific location of all planned local streets but must 12 describe areas where they will be necessary. 13 (3)Cities and counties shall plan collector streets to provide access to property and collect and distribute traffic 14 between local streets and arterials.Cities and counties must plan and design a collector street network that is 15 complete and connected with local streets and arterials. 16 (a)Cities and counties must plan for multimodal travel on collector streets as provided in OAR 660-012-0510, 17 OAR 660-012-0610,and OAR 660-012-0710. 18 (b)Cities and counties must plan collectors in climate-friendly areas and Metro Region 2040 centers to prioritize 19 pedestrian,bicycle,and public transportation systems. 20 (4)Cities and counties shall plan arterial streets and highways to provide travel between neighborhoods and across 21 urban areas.Cities and counties must plan an arterial street network that is complete and connected with local 22 streets and collectors. 23 (a)Cities and counties shall designate each segment of an arterial as one of the three categories below in the 24 transportation system plan.These designations must be made considering the intended function,the land use 25 context,and the expected users of the facility.Cities and counties must address these considerations to ensure 26 local plans include different street standards for each category of arterial segment. 27 (A)Cities and counties shall plan for local access priority arterial segments to prioritize access to property and 28 connected streets when balancing needs on the facility.Local access priority arterial segments will generally 29 allow for more access locations from property,more opportunities to make turns,more frequent intersections 30 with other streets,and slower speeds. 31 (B)Cities and counties shall plan for through movement priority arterial segments to prioritize through 32 movement of traffic when balancing needs on the facility.Through movement priority arterial segments will 33 generally prioritize access limited to intersections with the street network,limited access to individual 34 properties,and safe speeds. 35 (C)Cities and counties shall plan for arterial segments in a climate-friendly area to prioritize multimodal travel 36 as provided in subsection(b).This includes prioritizing complete,connected,and safe pedestrian,bicycle, 37 and public transportation facilities. 38 (b)Cities and counties shall plan for multimodal travel on or along arterial streets as provided in OAR 660-012- 39 0510,OAR 660-012-0610,and OAR 660-012-0710. 40 (A)Cities and counties shall plan arterials in climate-friendly areas to prioritize pedestrian,bicycle,and public 41 transportation systems. 42 (B)Cities and counties shall plan arterials along transit priority corridors to prioritize transit service reliability 43 and frequency over general-purpose traffic. 44 The changes in this section address charge item 27. The changes make some clarifications about how 45 local governments must consider planning for freeways as part of the transportation planning process. 46 (5)Cities and counties shall,as part of the transportation planning process,carefully consider new or expanded 47 freeways considering goals for reductions in vehicle miles traveled per capita. 48 (a)Cities and counties shall consider high-occupancy vehicle lanes,including transit lanes,and managed priced 49 lanes on freeways. 50 (b)Pedestrian and bicycle facilities should be parallel to freeways,rather than on them.Transit facilities on or 51 along freeways must should be designed for direct transit vehicle access. 52 (6)Notwithstanding other provisions of this rule,where appropriate,cities and counties shall plan and design streets 53 and highways to accommodate: Recommended Amendments—October 19,2023 Page 38 of 43 PP 22-0001 ATTACHMENT 1/PAGE 48 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (a)Transit vehicles on a segment of a priority transit corridor or transit corridor without dedicated transit lanes or 2 transitway. 3 (b)Freight travel on designated freight routes and key freight terminals inventoried as provided in OAR 660-012- 4 0805. 5 (c)Agricultural equipment on streets or highways connecting to agriculturally zoned land used for agricultural 6 purposes where equipment access is necessary. 7 Statutory/Other Authority:ORS 197.040 8 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 368.039 9 660-012-0830:Enhanced Review of Select Roadway Projects 10 (1)Cities and counties shall review and may authorize certain proposed facilities to be included as a planned project 11 or unconstrained project in any part of the local comprehensive plan,including the transportation system plan. 12 (a)The following types of proposed facilities must be reviewed as provided in this rule: 13 (A)A new or extended arterial street,highway,freeway,or bridge carrying general purpose vehicle traffic; 14 (B)New or expanded interchanges; 15 (C)An increase in the number of general purpose travel lanes for any existing arterial or collector street, 16 highway,or freeway;and 17 (D)New or extended auxiliary lanes with a total length of one-half mile or more.Auxiliary lane means the 18 portion of the roadway adjoining the traveled way for speed change,turning,weaving,truck climbing, 19 maneuvering of entering and leaving traffic,and other purposes supplementary to through-traffic movement. 20 (b)Notwithstanding any provision in subsection(a),the following proposed facilities need not be reviewed or 21 authorized as provided in this rule: 22 (A)Changes expected to have a capital cost of less than$5 million; 23 (B)Changes that reallocate or dedicate right of way to provide more space for pedestrian,bicycle,transit,or 24 high-occupancy vehicle facilities; 25 (C)Facilities with no more than one general purpose travel lane in each direction,with or without one turn lane; 26 (D)Changes to intersections that do not increase the number of lanes,including implementation of a 27 roundabout; 28 (E)Access management,including the addition or extension of medians; 29 (F)Modifications necessary to address safety needs;or 30 (G)Operational changes,including changes to signals,signage,striping,surfacing,or intelligent transportation 31 systems. 32 The changes in this subsection are part of temporary rules adopted by the commission in April. This 33 version is slightly changed to use parallel language and to incorporate some changes from advisory 34 committee input. 35 36 660 012 0015,a city or county shall review that facility under this rule at the time of a major update to its 37 transportation system plan. 38 (c)Notwithstanding subsection(a),a city or county may carry forward a proposed facility in a major 39 transportation system plan update without review as provided in this rule if it is a planned project in a 40 transportation system plan acknowledged prior to January 1,2023,and the project meets any of the following at 41 the time of adoption of the update: 42 (A)The project is included in a general obligation bond approved by voters prior to January 1,2022; 43 (B)The project is included as a project phase other than planning in the State Transportation Improvement 44 Program adopted by the Oregon Transportation Commission,or a metropolitan planning organization's 45 transportation improvement program; 46 (C)The project has received a decision under the National Environmental Policy Act of 1969;or 47 (D)The project has been advertised for construction bids. 48 49 (2)Cities and counties choosing to authorize a proposed facility as provided in this rule shall: 50 (a)Initiate the authorization process through action of the governing body of the city or county; Recommended Amendments—October 19,2023 Page 39 of 43 PP 22-0001 ATTACHMENT 1/PAGE 49 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 A proposed added provision in OAR 660-012-0012(5)(g) postpones the effective date on this subsection 2 until the adoption of a transportation system plan. 3 (b)Include the authorization process as part of an update to a transportation system plan to meet the requirements 4 as provided in OAR 660-012-0100,or have an existing acknowledged transportation system plan meeting these 5 requirements; 6 (c)Have met all applicable reporting requirements as provided in OAR 660-012-0900; 7 (d)Designate the project limits and characteristics of the proposed facility,including length,number of lanes,or 8 other key features; 9 (e)Designate a facility impact area and determine affected jurisdictions as provided in section(3); 10 (f)Conduct an engagement-focused equity analysis of the proposed facility as provided in OAR 660-012-0135; 11 (g)Develop a public involvement strategy as provided in section(4); 12 (h)Conduct an alternatives review as provided in sections(5)and(6); 13 (i)Choose to move forward with an authorization report as provided in section(7); 14 (j)Complete an authorization report as provided in section(8);and 15 (k)Publish the authorization report as provided in section(9). 16 (3)A city or county designating a facility impact area and determining affected jurisdictions shall: 17 (a)Coordinate with all cities and counties with planning jurisdictions within two miles of the limits of the 18 proposed facility to determine the extent of the facility impact area; 19 (b)Review the extent of the impact of the proposed facility by including all areas where implementation of the 20 proposed facility is expected to change levels or patterns of traffic or otherwise change the transportation 21 system or land use development patterns; 22 (c)Take particular care when reviewing the facility impact area in places with concentrations of underserved 23 populations.The city or county must consider the special impact of new facilities in the context of historic 24 patterns of discrimination,disinvestment,and harmful investments; 25 (d)Designate a facility impact area to include,at minimum,areas within one mile of the proposed facility;and 26 (e)Determine affected jurisdictions by including all cities or counties with planning jurisdictions in the designated 27 facility impact area. 28 (4)A city or county developing a public involvement strategy shall,in coordination with affected jurisdictions: 29 (a)Develop the public involvement strategy as provided in OAR 660-012-0130. 30 (b)Require that the public involvement strategy provides for opportunities for meaningful public participation in 31 decision-making over the course of the authorization process; 32 (c)Require that the public involvement strategy includes regular reports to the affected governing bodies, 33 planning commissions,and the public on the progress of the authorization process;and 34 (d)Coordinate the public involvement strategy with other public involvement activities that may be concurrent, 35 including updates to a transportation system plan or authorizations for other proposed facilities. 36 (5)A city or county choosing to undertake an alternatives review shall,in coordination with affected jurisdictions: 37 The change in this subsection addresses charge item 28. The change makes the term "public 38 involvement strategy" consistent throughout the rule. 39 (a)Have designated the facility impact area,determined affected jurisdictions,transit service providers,and 40 transportation options providers;and developed a public consultation involvement strategy as provided in this 41 rule; 42 (b)Develop a summary of the expected impacts of the proposed facility on underserved populations identified as 43 provided in OAR 660-012-0125,particularly,but not exclusively,in neighborhoods with concentrations of 44 underserved populations.These impacts must include,but are not limited to,additional household costs,and 45 changes in the ability to access jobs and services without the use of a motor vehicle; 46 (c)Develop a summary of the estimated additional motor vehicle travel per capita that is expected to be induced 47 by implementation of the proposed facility over the first 20 years of service,using best available science; 48 (d)Investigate alternatives to the proposed facility,as provided in subsections(e)through(h). Cities and counties 49 must use a planning level of analysis,and make use of existing plans and available data as much as practical; 50 (e)Investigate alternatives to the proposed facility through investments in the pedestrian and bicycle systems.The 51 city or county must: 52 (A)Review the transportation system plan for identified gaps and deficiencies in pedestrian and bicycle 53 facilities within the facility impact area; Recommended Amendments—October 19,2023 Page 40 of 43 PP 22-0001 ATTACHMENT 1/PAGE 50 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 (B)Determine how much of the need for the proposed facility may be met through enhanced investments in the 2 pedestrian and bicycle networks; 3 (C)Identify pedestrian and bicycle system investments that could contribute to meeting the identified need 4 which do not require implementation of the proposed facility;and 5 (D)Identify pedestrian and bicycle system investments that could contribute to meeting the identified need 6 which may be implemented without the proposed facility,and may be retained if the proposed facility is 7 implemented. 8 (f)Investigate alternatives to the proposed facility through investments in the public transportation system.The 9 city or county must: 10 (A)Review the transportation system plan for identified gaps and deficiencies in public transportation facilities 11 and services within the facility impact area; 12 (B)Coordinate with transit service providers to identify opportunities for providing additional transit service 13 within or to the facility impact area;and 14 (C)Identify potential transit facility and service investments that contribute to meeting the identified need 15 which may be implemented without the proposed facility. 16 (g)Investigate alternatives to the proposed facility through investments in transportation options programs;or 17 other means to reduce demand for motor vehicle travel.The city or county must: 18 (A)Review the transportation system plan for identified existing and needed transportation demand 19 management services within the facility impact area; 20 (B)Coordinate with transportation options providers to identify opportunities for providing transportation 21 demand management services in and around the facility impact area;and 22 (C)Identify potential transportation options program investments that contribute to meeting the identified need 23 which may be implemented without the proposed facility. 24 (h)Investigate alternatives to the proposed facility that include system pricing.The city or county must: 25 (A)Determine if various types of pricing could substantially reduce the need for the proposed facility; 26 (B)Investigate a range of pricing methods appropriate for the facility type and need,which may include,but are 27 not limited to:parking pricing,tolling,facility pricing,cordon pricing,or congestion pricing; and 28 (C)Identify pricing methods where it is reasonably expected to meet the need for the facility,may reasonably 29 be implemented,and can be expected to generate sufficient revenue to cover the costs of operating the 30 collection apparatus. 31 (6)A city or county completing an alternatives review must,in coordination with affected jurisdictions: 32 (a)Review the projects identified in section(5)to determine sets of investments that may be made that could 33 substantially meet the need for the proposed facility without implementation of the proposed facility.A city or 34 county must consider adopted state,regional,and local targets for reduction of vehicle miles traveled to reduce 35 greenhouse gas emissionsclimate pollution when making determinations of substantially meeting the need for 36 the proposed facility;and 37 (b)Complete an alternatives review report upon completion of the alternatives review phase.The alternatives 38 review report must include a description of the effectiveness of identified alternatives.The alternatives review 39 report must include the summaries developed in subsections(5)(b)and(c). The alternatives review report must 40 be provided to the public,and the governing bodies and planning commissions of each affected city or county. 41 The alternatives review report must also be included in the next annual report to the director as provided in 42 OAR 660-012-0900. 43 (7)The governing body of the city or county shall review the alternatives review report and may either: 44 (a)Select a set of investments reviewed in the alternatives review report intended to substantially meet the 45 identified need for the proposed facility.These investments may be added to the unconstrained project list of the 46 transportation system plan as provided in OAR 660-012-0170;or 47 (b)Choose to complete the authorization report for the proposed facility,as provided in section(8). 48 (8)A city or county choosing to complete an authorization report as provided in section(7)shall,after completion 49 of the alternatives review,include the following within the authorization report: 50 (a)A record of the initiation of the authorization process by the governing body; 51 (b)The public involvement strategy developed as provided in section(4),and how each part of the public 52 involvement strategy was met; 53 (c)The alternatives review report; Recommended Amendments—October 19,2023 Page 41 of 43 PP 22-0001 ATTACHMENT 1/PAGE 51 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 (d)A summary of the estimated additional long-term costs of maintaining the proposed facility,including 2 expected funding sources and responsible transportation facility operator. 3 (9)A city or county shall publish the authorization report upon completion and provide it to the public and 4 governing bodies of each affected jurisdiction. 5 (10)A city or county,having completed and published an authorization report,may place the proposed project on 6 the list of street and highway system projects with other projects as provided in OAR 660-012-0820.A proposed 7 project authorized as provided in this rule may remain on a project list in the transportation system plan as long 8 there are no significant changes to the proposed project or the land use context as described in the authorization 9 report. 10 Statutory/Other Authority:ORS 197.040 11 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 468A.205 12 660-012-0905:Land Use and Transportation Performance Measures 13 The changes in this rule are for clarity. 14 (1)Cities,counties,and Metro that have a land use and transportation scenario approved by the commission as 15 provided in OAR 660-044-0050 or OAR 660-044-0120 shall report on the performance measures from the 16 approved regional scenario plan. 17 (2)Cities and counties that do not have a land use and transportation scenario approved by the commission as 18 provided in OAR 660-044-0120 shall report on the specific actions,including capital improvements and the 19 adoption of policies or programs that they have or will undertake to reduce pollution and increase equitable 20 outcomes for underserved populations.At a minimum,this report must include the following performance 21 measures: 22 (a)Compact Mixed-Uutse Development 23 (A)Number of publicly supported affordable housing units in climate-friendly areas. 24 (B)Number of existing and permitted dwelling units in climate-friendly areas and percentage of existing and 25 permitted dwelling units in climate-friendly areas relative to total number of existing and permitted dwelling 26 units in the jurisdiction. 27 (C)Share of retail and service jobs in climate-friendly areas relative to retail and service jobs in the jurisdiction. 28 (b)Active Transportation 29 (A)Percent of collector and arterials streets in climate-friendly areas and underserved population 30 neighborhoods with bicycle and pedestrian facilities with Level of Traffic Stress 1 or 2. 31 (B)Percent of collector and arterial roadways streets in climate-friendly areas and underserved population 32 neighborhoods with safe and convenient marked pedestrian crossings. 33 (C)Percent of transit stops with safe pedestrian crossings within 100 feet. 34 (c)Transportation Options 35 (A)Number of employees covered by an Employee Commute Options Program. 36 (B)Number of households engaged with Transportation Options activities. 37 (C)Percent of all Transportation Options activities that were focused on underserved population communities. 38 (d)Transit 39 (A)Share of households within one-half mile of a priority transit corridor. 40 (B)Share of low-income households within one-half mile of a priority transit corridor. 41 (C)Share of key destinations within one-half mile of a priority transit corridor. 42 (e)Parking Costs and Management:Average daily public parking fees in climate-friendly areas. 43 (f)Transportation System 44 (A)Vehicle miles traveled per capita. 45 (B)Percent of jurisdiction transportation budget spent in climate-friendly areas and underserved population 46 neighborhoods. 47 (C)Share of investments that support modes of transportation with low pollution. 48 Statutory/Other Authority:ORS 197.040 49 Statutes/Other Implemented:ORS 197.012,ORS 197.712,ORS 468A.205 Recommended Amendments—October 19,2023 Page 42 of 43 PP 22-0001 ATTACHMENT 1/PAGE 52 OF 71 Transportation Planning Rules OAR Chapter 660,Division 12 1 660-012-0910:Land Use and Transportation Performance Targets 2 The changes to this rule address charge item 29. The change clarifies that Metro, rather than cities or 3 counties, sets regional performance targets for the Portland Metropolitan Area, consistent with OAR 660- 4 012-0900. 5 (1)Cities and,counties,and Metro must set performance targets for each reporting year for each performance 6 measure provided in OAR 660-044-0110 and OAR 660-012-0905 in their local transportation system plan. 7 Performance targets for the performance measures provided in OAR 660-012-0905 must be set at levels that are 8 reasonably likely to achieve the regional performance targets from an approved land use and transportation 9 scenario plan as provided in OAR 660-044-0110 or the regional performance targets from the Statewide 10 Transportation Strategy as adopted by the Oregon Transportation Commission. 11 (2)Cities,and-counties,and Metro that have a land use and transportation scenario approved by the commission as 12 provided in OAR 660-044-0120 must set targets for equity performance measures in a transportation system plan 13 as provided in OAR 660-044-0110(9)(c). 14 (3)Cities,and-counties,and Metro shall set performance targets in any major update to their transportation system 15 plan as provided in OAR 660-012-0105.If a city or county has not yet set targets and is submitting a major report 16 as provided in OAR 660-012-0900(7),then the city or county shall set performance targets through a minor 17 update to their transportation system plan. 18 Statutory/Other Authority:ORS 197.040 19 Statutes/Other Implemented:ORS 184.899,ORS 197.012,ORS 197.712,ORS 468A.205 20 Recommended Amendments—October 19,2023 Page 43 of 43 PP 22-0001 ATTACHMENT 1/PAGE 53 OF 71 Vie..�` `' I1Iregon\ -.,--_ .,.. ./ Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Tina Kotek,Governor Salem,Oregon 97301-2540 Phone:503-373-0050 Fax:503-378-5518 www.oregon.gov/LCD Implementation Update Cal Climate-Friendly and Equitable Communities Program ► October 19, 2023 DLCD and the Oregon Department of Transportation (ODOT) continue to support cities and counties through the Climate-Friendly and Equitable Communities program. To date, the departments have secured roughly $22 million to implement the program including: • Nearly $800,000 in grants from DLCD to cities and counties for studies of potential climate-friendly areas spent during the 2021-2023 biennium. • $3 million appropriated by the legislature to DLCD for the 2023-2025 biennium, nearly $2.7 million of which will be grants to cities and counties. • Roughly $18.5 million from ODOT to fund local transportation system plans (TSPs) over the next 5-7 years, to fund regional scenario planning in the Eugene-Springfield region and the Salem-Keizer region, and to develop performance measures and targets for smaller metropolitan areas. DLCD and ODOT will also provide advice, guidance documents, code reviews, and one-on-one consultation. DLCD will focus on parking reform and climate-friendly areas. ODOT will lead on updating the guidance and data for transportation system plans and updating the ODOT Analysis and Procedures Manual. Program Updates Parking Reform Eight cities have repealed parking mandates citywide: • Albany • Beaverton • Bend • Central Point • Corvallis • Portland • Salem • Tigard With department assistance, many other cities and counties are moving towards removing parking mandates citywide, while others are exploring the fair policies reform option (Sherwood) or the reduced red tape option (Medford, Phoenix). Ashland, Cornelius, Eugene, Grants Pass and Springfield are scheduled to complete their reforms this year. PP 22-0001 ATTACHMENT 1/PAGE 54 OF 71 Implementation Update — Climate-Friendly and Equitable Communities Program October 19, 2023 Page 2 of 5 As a result, local housing builders and businesses previously stymied by parking mandates are now able to develop. The Sightline Institute reported on several examples in articles published February 2 and June 30, and anecdotes continue to emerge, including moving forward on scores of affordable housing units in Troutdale, an expansion of a hair salon in Grants Pass, and an expansion of a dog genetics facility in Gladstone. Staff have worked with cities to draft and finalize code changes and adopt the various parking reforms into their codes. Climate-Friendly Areas DLCD provided funding to the 15 local governments that are required to designate climate- friendly areas (CFAs) in the 2021-2023 biennium. DLCD awarded grants and contracts totaling nearly $800,000 to support community engagement and technical analysis of potential locations for the CFAs. Cities and counties will use that analysis to prepare a report and submit it to DLCD by the end of 2023. Then the cities and counties must amend their zoning and development regulations to create CFAs by the end of 2024. Local governments are preparing their CFA studies for review by the department and public. The studies must be submitted by December 31, 2023, but two have already been submitted. • The City of Eagle Point was the first community to submit its CFA study for review and comment. Their study was published on the CFEC website on August 31, 2023, and one public comment was received. Department comments on the study were provided to Eagle Point on October 17, 2023. • The City of Salem submitted its study on September 26, 2023, and the study was published on the CFEC website on October 4, 2023. Public comments are due by October 25, 2023, and the department's comments will be provided prior to December 3, 2023. Department staff prepared an October 26, 2023, session for the annual conference of the Oregon Chapter of the American Planning Association, entitled "Housing Planning is Climate Planning". The session will be moderated by Commission Vice-Chair Nick Lelack, with brief presentations by department staff, as well as from planners from three implementing cities (Eugene, Corvallis, and Bend). The focus of the discussion will be how CFA implementation fits in with ongoing mixed-use planning and other local planning efforts. Among other topics, Bend staff will discuss lessons learned from the department-funded CFA market study, which evaluated the market feasibility of seven housing prototypes in potential CFA areas in Bend. Department staff continue to work with local governments to implement CFA requirements and to support related work in the 2023-2025 biennium, including additional market studies, as resources are available. More detailed information on funding support for local government implementation is provided below. PP 22-0001 ATTACHMENT 1/PAGE 55 OF 71 Implementation Update — Climate-Friendly and Equitable Communities Program October 19, 2023 Page 3 of 5 Alternative Dates and Exemptions The rules allow cities and counties to request alternative dates for some timelines in the rules. The temporary rules adopted in April extended the opportunity to request alternate dates. At the end of June, cities and counties in the Salem-Keizer and the Eugene-Springfield regions submitted regional work plans which included additional requests for alternative dates. Director Bateman has approved alternative dates for 30 cities and counties. A report of approved alternative dates is on the program website. Smaller jurisdictions may also request a temporary exemption from some or all of the requirements in the Transportation Planning Rules. Director Bateman has approved exemptions for nine cities and one county. A report of approved exemptions is on the program website. 2023-2025 Funding The 2023 legislature appropriated $3 million to support cities and counties through the Climate- Friendly and Equitable Communities program. This funding will be allocated in two categories: Required work: Non-competitive allocation for all rule requirements with a deadline within this biennium, and for requirements triggered by a local update of a transportation system plan (TSP). Open grants: Competitive process open to cities and counties within metropolitan areas to support other work required by the rules and work consistent with the intent of the CFEC program. Required Work This category consists of work directly required by rule with a specific deadline within the biennium and requirements triggered by a major update of a transportation systems plan (TSP). The required deadlines included climate-friendly areas (OAR 660-012-0310), parking reform and management (660-012-0400 series), and land use regulations (660-012-0330) triggered by a TSP update. ODOT is leading implementation on TSP updates, inventories, scenario planning, performance measures, and performance standards. Staff reviewed the rule to list all of the tasks required during the 2023-2025 biennium and then contacted each city and county to discuss what funding they would need to meet the requirements. This category is non- competitive and does not require an application from affected local governments. • Land Use Regulations (OAR 660-012-0330) This rule updates requirements for land use code to support compact, pedestrian-friendly, mixed-use land use development patterns in urban areas. Local codes are required to be updated with a major update to a TSP. Model Code Many local governments expressed interest in receiving funding and model code from DLCD during this biennium to help them prepare for the upcoming requirements. The model code will be developed through the guidance and input of local government practitioners. PP 22-0001 ATTACHMENT 1/PAGE 56 OF 71 Implementation Update — Climate-Friendly and Equitable Communities Program October 19, 2023 Page 4 of 5 Code Audits This work will provide code audits using the model code to identify needed areas of work in existing land use regulations in order to comply with the updated requirements. DLCD will provide consultant support to jurisdictions. Code Amendments This work will provide consultant support to implement needed changes identified through code audits for local governments to meet updated requirements. • CFA Zoning Updates (OAR 660-012-0315) This work will provide consultant and grant funding support to jurisdictions to adopt updated land use regulations to meet Climate-Friendly Area requirements. Staff have offered assistance with code writing, public engagement, and market feasibility studies to local governments. ODOT is providing further assistance to complete the required multi-modal gap analysis and highway impacts summary. • Regional Scenario Planning Grants (OAR 660-044-0015) This work will provide grant funding to reimburse local staff time for their participation in work tasks identified in their regional scenario planning work plans with ODOT's consultants. This work is occurring over the next two years for jurisdictions in the Salem-Keizer and Central Lane metropolitan areas. • Equitable Engagement Toolbox (OAR 660-012-0130) This work will be done in conjunction with other agency work on equitable engagement and result in guidance, templates, and tools for local governments to implement equitable engagement requirements in OAR 660-012-0130 and 660-012-0135. • Enhanced Engagement (OAR 660-012-0130) This work will provide grants to cities who are updating their transportation system plans in the near term to perform enhanced community engagement. Deliverables from cities would include hiring staff to specialize in engagement, mini-contracts with representatives, co- creating curriculum on transportation issues, disability consultants to improve disability engagements, and design charettes. • Parking Management Jump Start Guide (OAR 660-012-0400) This work will develop a parking management program jump start guide for communities that have identified a need for on-street parking management to address the impacts of spillover parking, where developments have more parking demand than met by off-street supply. This guide will help communities understand the costs and benefits of various parking management tools, as well as identify and implement parking management program elements they deem appropriate. PP 22-0001 ATTACHMENT 1/PAGE 57 OF 71 Implementation Update — Climate-Friendly and Equitable Communities Program October 19, 2023 Page 5 of 5 Open Grants Cities and counties in the CFEC program will have an opportunity to apply for funding for tasks directly required by rule or work that achieves the overall intent of the program. The application process will start during fall 2023, with work starting in early-to-mid-2024. Successful applicants will have the choice to receive a grant or receive direct services from consultants selected through a DLCD procurement process. Eligible Projects: o Code audits and code amendments o Parking reform and management o Market feasibility studies o Equitable engagement o Transportation system planning o Staff time reimbursements o Disability consultants o Other similar work PP 22-0001 ATTACHMENT 1/PAGE 58 OF 71 i regonDepartment of Land Conservation and Development Vpoll• 635 Capitol Street NE, Suite 150 f'k Tina na Kntel€,[;nvernor Salem, Oregon 97301-2540 Phone: 503-373-0050 Fax: 503-378-5518 www.oregon.gov/LCD Charge to the Department and the Rulemaking Advisory Committee for Amendments to the Climate-Friendly and Equitable Communities rules by the Land Conservation and Development Commission April 2023 Summary This charge from the Land Conservation and Development Commission is intended to provide guidance to the department and the Rulemaking Advisory Committee (RAC) for amendments to the Climate-Friendly and Equitable Communities rules. LCDC initiates this rulemaking activity, guides it, and will ultimately decide what rules to adopt. The rules are meant to implement climate pollution reduction actions to comply with Oregon's climate pollution reduction targets. The commission expects that the rulemaking process will take seven months from initiation to adoption. Rulemaking Scope The rulemaking is expected to focus on amendments to the Transportation Planning Rules ("TPR"), Oregon Administrative Rules ("OAR") chapter 660, division 12. The scope of this rulemaking activity is narrow, and includes two categories of amendments: 1. Minor clarifications and corrections as listed in this charge; and 2. Review of temporary amendments adopted by the commission in April 2023. The department and rulemaking advisory committee may propose other minor changes as necessary to make the rules work effectively or changes recommended by legal counsel. Desired Outcomes The commission charges the department and the Rulemaking Advisory Committee with recommending amendments to rules that will advance these outcomes: 1. Continue to confirm and advance the outcomes of the Climate-Friendly and Equitable Communities Rulemaking; 2. Continue to work toward ensuring underserved populations guide decision making processes that are built to accommodate them; 3. Continue to clarify rules that can be successfully implemented by local governments and the state; and 4. Continue to help meet Oregon's climate pollution reduction goals, specifically the division 44 climate pollution reduction targets and Statewide Transportation Strategy targets. PP 22-0001 ATTACHMENT 1/PAGE 59 OF 71 LCDC Rulemaking Charge — Permanent Amendments April 2023 Page 2 of 3 Expected Clarifications and Corrections The following is a list of minor clarifications and corrections expected to be addressed as part of this rulemaking process. Proposed amendments may include the listed rules or other rules as needed to meet the objective of the listed issue. All listed rules are within the TPR (OAR chapter 660, division 12). Item Clarification or Correction Affected Rule or Rules 1 Define multi-unit housing consistently. 0005, 0300, 0630 2 Add definitions of performance standards and 0005 performance measures 3 Clarify provisions for TSP requirements related to 0012, 0350 UGB expansions during the interim period. 4 Modify effective dates of some rules to line up with 0012, 0210, 0215 a major TSP update. Clarify how the horizon year may be determined. 5 Clearly allow flexibility for coordinated horizon 0100(3)(b), 0140(5)(c) years with the Metro RTP. 6 Clarify requirements for counties; remove overly 0110(3) broad language. Clarify in the rule when each type of equity7 0135 analysis should be performed. Clarify language of functional classification for 8 each mode. This provision may need to be 0155(4) repeated or referenced elsewhere in the rules. 9 Clarify intent, remove confusing language. 0180(2) 10 Fix numbering. 0215 11 Clarify how rule 0215 works in the Portland 0215, 0140 metropolitan area. Clarify confusing language, particularly concerning 12 comprehensive plan and land use regulation 0325 amendments. 13 Amend to use consistent terminology. 0400 through 0450 14 Clarify to allow counties to use this provision. 0405(4)(a)(A) 15 Clarify carpool and vanpool requirements only 0405(1)(a) apply to large parking lots 16 Clarify underused parking policies are for both on 0405(2) and off-street parking. PP 22-0001 ATTACHMENT 1/PAGE 60 OF 71 LCDC Rulemaking Charge — Permanent Amendments April 2023 Page 3 of 3 Item Clarification or Correction Affected Rule or Rules Clarify language with differing references and 17 0415 "multiunit" terms. 18 More specifically identify the referenced map. 0415(1), 0435 19 Clarify unbundled parking requirements would 0425, 0435 apply to new leases. 20 Add exemptions for townhomes and rowhomes for 0435(3), 0445(1)(a)(A) consistency across these rules. 21 Clarify how requirements for parking along transit 0440(3) work together. 22 Allow annual code adjustment based on transit 0440(3) frequency instead of constant adjustment. 23 Clarify language on historic buildings. 0445(1)(b)(H) 24 Clarify that "all" schools means K-12 schools, not 0505(1), 0605(1) preschools. Clarify the definition of"right-of-way" to exclude 25 right of way used for utilities or other non- 0510(3)(c) transportation purposes. Clarify how jurisdictions are expected to align 26 TSPs with plans developed or adopted by a transit 0700(1)(d) service provider. 27 Clarify to differentiate between TSP requirements 0810(5) and project development. 28 Clarify terminology, use "public involvement strategy" consistently in rule. 0830(5)(a) 29 Clarify how this rule functions in the Portland Metro 0910 area. PP 22-0001 ATTACHMENT 1/PAGE 61 OF 71 II1Iregon _. 14.___:-__,„, ,..des:.;:1- 7i.00k Department of Land Conservation and Development (pi� P P 635 Capitol Street NE, Suite 150 Tina Kotek,Governor Salem, Oregon 97301-2540 Phone: 503-373-0050 Fax: 503-378-5518 www.oregon.gov/LCD Summary of Written Testimony Received after the Hearing on July 28, 2023 ("4"") October 6, 2023 A. Topics addressed by multiple commenters The staff report has additional details about these topics and how they are addressed in the recommended amendments. I— Topics Overall Align 0005 0210 0315 - 0350 0430- 0630 0830 support with Bicycle Modelling 0320 UGB 0445 Bicycle Vehicle OHNA facilities VMT Minimum Parking parking capacity Testimony definition densities projects Exhibit 09: Sightline Institute _ X_ Exhibit 10: Oregon Climate X X X X X X X Action Coalition Exhibit 11: X X Wilsonville Exhibit 12: X Eugene Exhibit 13: X Tigard Exhibit 14: Cornelius& X X X X X X Hillsboro Exhibit 15: League of X X Oregon Cities Exhibit 16: X X X X Springfield Exhibits 17 & 18: X X X X X X Oregon Realtors Exhibit 19: Washington X X X County Exhibits 20& 21: X Portland OHNA= Oregon Housing Needs Assessment VMT=Vehicle miles travelled UGB = Urban growth boundary PP 22-0001 ATTACHMENT 1/PAGE 62 OF 71 Summary of Written Testimony Received after the Hearing July 28, 2023 Page 2 of 3 B. Topics addressed by individual commenters Testimony Topic Recommendation Exhibit 10: 0012 Alternate dates The rule amendments adopted in April allow cities and counties to propose Oregon Climate alternate dates at any time.The recommended amendments make minor Action Coalition conforming changes. No further changes recommended in response to this comment. Exhibit 14: 0100(3) Base year The recommended amendments to 0140(5) provide the flexibility that the Cornelius & commenter suggested in the Portland metropolitan area. Hillsboro Exhibit 14: 0215(2) Performance The suggested change is not necessary as provisions for jurisdictions with adopted Cornelius & measures scenario plans are in the adopted rules at OAR 660-012-0905(1) and OAR 660- Hillsboro 012-0910. Exhibit 14: 0405(4)(e)Tree The recommended amendments already remove the requirement for cities and Cornelius & planting counties to ensure ongoing compliance with tree maintenance.This was included Hillsboro in the June 30 draft. No further changes recommended in response to this comment. Exhibit 14: 0505(1) & 0605(2) The recommended amendments already narrow the scope of schools included in Cornelius & Public schools the requirement for a detailed pedestrian inventory.This comment suggests Hillsboro limiting the scope further to exclude religious and other private schools. Student safety is important regardless of the type of school they attend. No further changes recommended in response to this comment. Exhibit 14: 0610(4) Bicycle The recommended amendments provide considerable flexibility within the Cornelius & facility design requirement to "plan and design bicycle facilities considering the context" No Hillsboro exceptions further changes recommended in response to this comment. Exhibit 14: 0630(2) & (5) Bicycle The recommended amendments provide considerable flexibility for locating Cornelius & parking in CFA's and bicycle parking. Climate-friendly areas and Metro Region 2040 Centers will Hillsboro centers generally have higher than average bicycle mode share, so it would be counter- productive to reduce bicycle parking in these areas. No further changes recommended in response to this comment. Exhibit 14: 0810(2) Street width The recommended amendments provide flexibility for cities and counties to Cornelius & determine where a narrow street would be inappropriate. No further changes Hillsboro recommended in response to this comment. Exhibit 14: 0810(4) Local access The recommended amendments provide flexibility for cities and counties to Cornelius & priority arterials classify streets. No further changes recommended in response to this comment. Hillsboro Exhibit 16: 0180(2)(b) The recommended amendments incorporate the suggestion to remove a phrase Springfield Unconstrained that could be confusing. project list PP 22-0001 ATTACHMENT 1/PAGE 63 OF 71 Summary of Written Testimony Received after the Hearing July 28, 2023 Page 3 of 3 Testimony Topic Recommendation Exhibit 16: 0315(2)(a) potential The recommended amendments clarify which local regulations must be Springfield square footage considered when estimating building capacity. The comment expresses a concern that the rule could still be unclear in some situations, but does not suggest clarifying language. No further changes recommended in response to this comment. Exhibit 19: 0180 Financially Updates to 0140(5) provide additional flexibility for planning horizon years in the Washington constrained list Portland metropolitan area. Changes to the local financially-constrained list may County or may not be needed in coordination with a regional plan update. Exhibit 19: 0330 Ambiguous and The recommended amendments use general terms to give flexibility to cities and Washington subjective terms counties to make decisions appropriate to local conditions.The department can County provide guidance to help cities and counties find one way to comply with the rule while preserving the flexibility for other cities and counties to find their own way to comply. No further changes recommended in response to this comment. Exhibit 19: 0810 Ambiguous and The recommended amendments use general terms to give flexibility to cities and Washington subjective terms counties to make decisions appropriate to local conditions. The department can County collaborate with the Oregon Department of Transportation to provide guidance to help cities and counties find one way to comply with the rule while preserving the flexibility for other cities and counties to find their own way to comply. No further changes recommended in response to this comment. Exhibits 20 & 21: 0005(31) Parking The recommended amendments incorporate the suggestion to add "fleet Portland spaces vehicles" to the list of parking areas that are exempt from the definition. Exhibits 20& 21: 0610 Parallel bike The recommended amendments increase the flexibility in response to discussion Portland facilities at advisory committee meetings about situations (for example couplets)where the parallel facility would be more than one block away but would still provide a safe, low stress, direct, and comfortable experience. Cities and counties have the ability to set a more specific standard for their own bicycle network. No further changes recommended in response to this comment. PP 22-0001 ATTACHMENT 1/PAGE 64 OF 71 ,, Increasing Housing Production •er and Transportation Choices OREGON The Climate-Friendly and Equitable Communities and Oregon Housing Needs Department of Analysis Programs Expand Transportation and Housing Options Land Conservation & Development Integrated Planning for Oregon's Current and Future Needs Oregonians deserve housing they can afford, quality transportation choices to meet their daily needs, and a healthy climate that supports 11.11111Et generations to come. i Consistent with Oregon's approach of integrated, comprehensive planning, the Climate-Friendly and Equitable Communities (CFEC) 0111111111611-11 and Oregon Housing Needs Analysis (OHNA) programs work together to facilitate housing and transportation choice. As the Department of Land Conservation and Development (DLCD) implements Governor Kotek's housing executive orders, staff are working with communities across the state to develop solutions to help facilitate the construction of the 36,000 new housing units per year Oregonians need while meeting our climate goals. DLCD's housing, transportation, and climate teams work together to ensure our programs result in housing production, transportation choice, and more equitable communities. Creating Climate-Friendly Areas with Affordable Housing and Transportation Choices The Climate-Friendly and Equitable Communities or CFEC program builds on years of local planning and investment. The program directs fifteen communities in Oregon's metropolitan areas to identify and allow walkable areas with significant housing capacity, and update zoning where needed. In these "climate-friendly areas," Oregonians should have a range of transportation choices and be able meet most of their daily needs without having to drive long distances. The Climate- Climate-friendly areas create bonus local housing capacity ready for the market to Friendly and fill. To boost housing production in areas with transportation choice, local Equitable governments will allow housing choice in these areas, from single-unit housing to Communities and traditional starter housing including duplexes, triplexes, and townhomes, and Oregon Housing apartments. As cities update their zoning codes, many are increasing housing Needs Analysis capacity in other areas as well, to allow for additional housing production and programs work choice. together to expand For the purposes of proposed urban growth boundary expansions, the additional housing options for housing units allowed in climate-friendly areas do not count as housing capacity Oregonians. unless the market is actually building them. Cities will continue to be able to facilitate timely urban growth area expansions in response to housing need. In one example of policy alignment, climate-friendly areas qualify as one of the efficiency measures required for urban growth boundary (UGB) expansions. Cities implementing updated climate and housing programs will have a speedier path to future UGB expansions. CFEC staff are engaged in the OHNA process to ensure the programs are aligned on this policy point. PP 22-0001 ATTACHMENT 1/PAGE 65 OF 71 Removing Barriers; Increasing Housing Production, Affordability, and Choice The CFEC program works to remove barriers to producing housing. These modernization strategies enable developers to build more housing with more units. Reducing costly parking mandates. One of the most powerful ways CFEC is helping get needed housing built is by reducing parking mandates. Nearly one-third of households are a single person, living alone. One of every seven Oregon renter households don't own any cars. Requiring off-street parking increases the cost of multifamily housing by 10-20 percent and reduces housing supply. The CFEC program means builders can provide the amount of parking appropriate for each unique development. In just the past few months, several previously stalled housing developments are moving forward under CFEC's parking reforms, in Grants Pass, Beaverton, Eugene, and Troutdale. Allowing more housing units. The CFEC program increases the number and types of housing units allowed in climate-friendly areas and removes obstacles for development in walkable, mixed-use areas. Reducing the need for expensive transportation infrastructure, such as road expansions. Updated planning rules allow local governments to reduce the burden and cost of transportation analysis and overbuilding of the transportation system. Helping Oregonians afford housing. Housing and transportation are the top two expenses in most households' budgets. CFEC aims to reduce transportation costs, thereby increasing budget available and expanding housing options. Funding Studies to Discover Housing Opportunities Market studies of climate-friendly areas are an eligible use of the 2023 legislature's $3 million investment in the CFEC program. Cities may request market studies, and the department will provide them as resources allow. Market studies will allow local governments to evaluate the near-term feasibility of different levels of development in climate-friendly areas and other mixed- use zones. Recent program changes make it easier for local governments to adopt land use regulations that are more compatible with the scale of existing developed areas. Moving Forward The CFEC, OHNA, and other modernization programs are part of ongoing efforts by local governments, the Oregon legislature, and state agencies, boards, and commissions to boost housing production and make sure all Oregonians have a place to call home. These programs work to allow and facilitate the creation of market-rate and affordable housing options in neighborhoods where people have a range of transportation choices to get where they live, work, and play. Contact and More Information Kevin Young, Senior Urban Planner, 503-602-0238, kevin.young@dlcd.oregon.gov Ethan Stuckmayer, Housing Division Manager, 503-302-0937, ethan.stuckmayer@dlcd.oregon.gov Climate-Friendly and Equitable Communities Program https://www.oregon.gov/Icd/cl/pages/cfec.aspx Oregon Housing Needs Analysis and Other Housing Programs https://www.oregon.gov/LCD/Housing/Pages/index.aspx Last updated 2023-10-09 PP 22-0001 ATTACHMENT 1/PAGE 66 OF 71 Vie..�` . '` I1Iregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Tina Kotek,Governor Salem,Oregon 97301-2540 Phone:503-373-0050 Fax:503-378-5518 www.oregon.gov/LCD Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules (Vatil (Oregon Administrative Rules Chapter 660, Division 12) ► October 19, 2023 This document includes a summary of proposed changes to the adopted rules in chapter 660, division 12. The changes include those that were temporarily adopted in April 2023. Rule Proposed Changes 660-012-0000: Purpose No changes proposed. • Addresses charge items 1 and 2. 660-012-0005: Definitions • Incorporates temporary rule changes. • Changes for clarity and in response to advisory committee feedback. 660-012-0010: Transportation Planning No changes proposed. 660-012-0011: Applicable Rules No changes proposed. • Addresses charge items 3, 4, and 18. 660-012-0012: Effective Dates and Transition • Incorporates temporary rule changes. • Changes for clarity and in response to advisory committee feedback. 660-012-0015: Preparation and Coordination No changes proposed. of Transportation System Plans 660-012-0020: Elements of Transportation System Plans No changes proposed. 660-012-0025: Complying with the Goals in Preparing Transportation System Plans; No changes proposed. Refinement Plans 660-012-0030: Determination of No changes proposed. Transportation Needs 660-012-0035: Evaluation and Selection of No changes proposed. Transportation System Alternatives 660-012-0040: Transportation Financing No changes proposed. Program 660-012-0045: Implementation of the No changes proposed. Transportation System Plan PP 22-0001 ATTACHMENT 1/PAGE 67 OF 71 Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules October 19, 2023 Page 2 of 5 Rule Proposed Changes 660-012-0050: Transportation Project No changes proposed. Development 660-012-0055: Timing of Adoption and Update of Transportation System Plans; No changes proposed. Exemptions 660-012-0060: Plan and Land Use No changes proposed. Regulation Amendments 660-012-0065: Transportation Improvements on Rural Lands No changes proposed. 660-012-0070: Exceptions for Transportation No changes proposed. Improvements on Rural Land 660-012-0100: Transportation System Plans in Metropolitan Areas • Minor changes for clarity. 660-012-0105: Transportation System Plan No changes proposed. Updates 660-012-0110: Transportation System • Addresses charge items 5 and 6. Planning Area 660-012-0115: Funding Projections No changes proposed. 660-012-0120: Transportation System No changes proposed. Planning Engagement 660-012-0125: Underserved Populations No changes proposed. 660-012-0130: Decision-Making with Underserved Populations No changes proposed. 660-012-0135: Equity Analysis • Addresses charge item 7. 660-012-0140: Transportation System • Planning in the Portland Metropolitan Area Addresses charge item 5. 660-012-0145: Transportation Options No changes proposed. Planning 660-012-0150: Transportation System No changes proposed. Inventories 660-012-0155: Prioritization Framework • Addresses charge item 8. 660-012-0160: Reducing Vehicle Miles No changes proposed. Traveled 660-012-0170: Unconstrained Project List No changes proposed. PP 22-0001 ATTACHMENT 1/PAGE 68 OF 71 Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules October 19, 2023 Page 3 of 5 Rule Proposed Changes 660-012-0180: Financially-Constrained Project List • Addresses charge item 9. 660-012-0190: Transportation System No changes proposed. Refinement Plans 660-012-0200: Temporary Projects No changes proposed. 660-012-0210: Transportation Modeling and • Change to postpone effective date of the Analysis rule to allow future revisions. 660-012-0215: Transportation Performance Standards • Addresses charge items 10 and 11. 660-012-0300: Coordinated Land Use and No changes proposed. Transportation System Planning 660-012-0310: Climate-Friendly Areas • Minor change to rule title. 660-012-0315: Designation of Climate- • Incorporates temporary rule changes. Friendly Areas • Minor change to rule title. • Addresses charge item 1. 660-012-0320: Land Use Requirements in • Incorporates temporary rule changes. Climate-Friendly Areas • Changes for clarity and in response to advisory committee feedback. • Minor change to rule title. • Addresses charge item 12. 660-012-0325: Transportation Review in • Changes for clarity and in response to Climate Friendly Areas advisory committee feedback. • Minor change to rule title. 660-012-0330: Land Use Requirements • Incorporates temporary rule changes. 660-012-0340: Land Use Assumptions No changes proposed. 660-012-0350: Urban Growth Boundary No changes proposed. Expansions 660-012-0360: Key Destinations No changes proposed. 660-012-0400: Parking Management No changes proposed. 660-012-0405: Parking Regulation • Addresses charge items 14, 15, and 16. Improvements • Changes for clarity and in response to advisory committee feedback. 660-012-0410: Electric Vehicle Charging • Minor change for clarity. PP 22-0001 ATTACHMENT 1/PAGE 69 OF 71 Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules October 19, 2023 Page 4 of 5 Rule Proposed Changes • Addresses charge items 17 and 18. 660-012-0415: Parking Maximums and • Incorporates temporary rule changes. Evaluation in More Populous Communities • Changes for clarity and in response to advisory committee feedback. 660-012-0420: Exemption for Communities No changes proposed. without Parking Mandates 660-012-0425: Reducing the Burden of • Incorporates temporary rule changes. Parking Mandates • Changes for clarity. 660-012-0430: Reduction of Parking Mandates for Development Types • Addresses charge item 13. 660-012-0435: Parking Reform in Climate • Addresses charge items 18 and 20. Friendly Areas • Incorporates temporary rule changes. 660-012-0440: Parking Reform Near Transit • Addresses charge items 21 and 22. Corridors 660-012-0445: Parking Management • Addresses charge items 17, 19, and 23. Alternative Approaches • Incorporates temporary rule changes. 660-012-0450: Parking Management in More No changes proposed. Populous Communities 660-012-0500: Pedestrian System Planning No changes proposed. 660-012-0505: Pedestrian System Inventory • Addresses charge item 24. 660-012-0510: Pedestrian System • Addresses charge items 8 and 25. Requirements 660-012-0520: Pedestrian System Projects No changes proposed. 660-012-0600: Bicycle System Planning No changes proposed. 660-012-0605: Bicycle System Inventory • Addresses charge item 24. • Addresses charge item 8. 660-012-0610: Bicycle System Requirements • Changes for clarity and in response to advisory committee feedback. 660-012-0620: Bicycle System Projects No changes proposed. • Options for Commission 660-012-0630: Bicycle Parking • Addresses charge item 17. • Changes for clarity and in response to advisory committee feedback. 660-012-0700: Public Transportation System • Addresses charge item 26. Planning • Changes for clarity. PP 22-0001 ATTACHMENT 1/PAGE 70 OF 71 Rule-by-Rule Summary of Proposed Changes to the Transportation Planning Rules October 19, 2023 Page 5 of 5 Rule Proposed Changes 660-012-0705: Public Transportation System No changes proposed. Inventory 660-012-0710: Public Transportation System No changes proposed. Requirements 660-012-0720: Public Transportation System No changes proposed. Projects 660-012-0800: Street and Highway System No changes proposed. Planning 660-012-0805: Street and Highway System No changes proposed. Inventory 660-012-0810: Street and Highway System • Addresses charge item 27. Requirements 660-012-0820: Street and Highway Projects No changes proposed. • Addresses charge item 28. 660-012-0830: Enhanced Review of Select • Incorporates temporary rule changes. Roadway Projects • Changes for clarity and in response to advisory committee feedback. 660-012-0900: Reporting No changes proposed. 660-012-0905: Land Use and Transportation • Minor changes for clarity. Performance Measures 660-012-0910: Land Use and Transportation • Addresses charge item 29. Performance Targets 660-012-0915: Review of Reports No changes proposed. 660-012-0920: Compliance Hearings No changes proposed. PP 22-0001 ATTACHMENT 1/PAGE 71 OF 71 ATTACHMENT 2 City of Lake Oswego—CFEC Parking Reform 11/14/2023 Project Schedule Rulemaking Updates& Extension Council Study Session#1 Jun 21, 2022 Request [Jun 2022—Jul 2023] Planning Commission Update#1 Jun 27 Planning Commission Update#2 Jan 9, 2023 Planning Commission Work Session#1 Jul 24 Project Background and Overview Council Study Session#2 Sep 5 of Alternatives [Aug—Sep 2023] Planning Commission Work Session#2 Sep 25 Work Plan/Public Involvement Targeted Outreach Oct—Dec 2023 Plan/Scoping [Oct—Dec 2023] Planning Commission Work Session#3 Nov 27 Council Study Session #3 Dec 5 Initial Concepts/ Targeted Outreach Jan— Mar 2024 Recommendations [Jan—Apr 2024] Open House/Community Meeting Mar 7, 2024 Joint PC-CC Study Session (#4) Apr 16 Draft Code Amendments Internal Review/ Drafting Apr-Jun [Apr-Aug 2024] Planning Commission Work Session#5 Jun 24 Final Code Adoption Planning Commission Public Hearing Oct 14 [Sep— Dec 2024] — Planning Commission Findings Oct 28 City Council Public Hearing Nov 19 City Council Findings Dec 3 Effective Date: Jan 2, 2025 Public Engagement Plan Introduction: This Public Engagement Plan describes the roles of City staff in engagement efforts for the City's efforts to comply with state rules under the Climate-Friendly and Equitable Communities (CFEC) rules (OAR 660-012-0400 to -0450).These engagement efforts are intended to build upon existing relationships and community networks to the fullest extent possible through targeted outreach. This document provides a working list of the public involvement activities proposed as part of the project. It is intended as a living document and may be updated as the project progresses. PP 22-0001 ATTACHMENT 2/PAGE 1 OF 3 Desired Project Outcomes: • Inform the public about the requirements of the Governor's Order and the City's work to comply with CFEC rules; • Involve stakeholders by asking relevant questions and reporting back to the public how their feedback influenced the project; and • Empower participants to help shape City policy on important topics. Engagement Methods: • Targeted Outreach to Key Stakeholders: Oct 2023—Mar 2024 o Lake Oswego Sustainability Network(LOSN)—Tues, 9/26 o Chamber of Commerce/Lake Grove Business Association—Thurs, 10/12 o Mayor's Roundtable-TBD o Neighborhood Chairs Committee—TBD o Transportation Advisory Board—TBD o Focus Group Discussion (TBD) with representatives from: ■ HPS Task Force ■ Sustainability Advisory Board ■ Diversity, Equity, and Inclusion Advisory Board ■ LOSN ■ Transportation Advisory Board ■ Chamber of Commerce ■ Lake Grove Business Association • Project Website+ Updates:ongoing o The City will host a website that describes the project, includes project updates, and allows the public to access draft documents as they become available.The website will provide a link to a comment form and direct email contact for the project. • Project Email List:ongoing o The City will maintain an email list for all that are interested in learning more about the project. Interested members of the public may sign up to receive project updates via email through a link on the project website. • Open House/Community Meeting: March 7, 2024 o Either an online open house or in-person community meeting will be held to receive input from members of the public regarding the options to comply with CFEC. o The open house is expected to take the form of a presentation that summarizes material and guides participants through a set of questions. • Hello LO articles:ongoing/monthly o The City will include updates and information in its monthly Hello LO publication. PP 22-0001 ATTACHMENT 2/PAGE 2 OF 3 • City Council: ongoing o Staff will bring the project forth at meetings of the City Council to receive direction and guidance at key stages. o 2 meetings so far (6/21/22, 9/5/23) o Next study session on 12/5/23 o Joint study session with the Planning Commission on 4/16/24 o Public Hearing on 11/19/24 • Planning Commission: ongoing o Staff will bring the project forth at meetings of the Planning Commission to provide information and develop recommendations for Council consideration. o 3 meetings so far (7/24/23, 9/25/23, 11/27/23) o Joint study session with City Council on 4/17/24 o 1 more work session on 6/24/24 o Public Hearing on 10/14/24 PP 22-0001 ATTACHMENT 2/PAGE 3 OF 3