Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 29 of 56 <br />threshold is consistent with current "safe harbors" for buildable lands inventories in ORS 660- <br />024-0050(2)(a). <br />Section (4) requires cities to tally all of the vacant and partially vacant land, correlate it with low, <br />medium, and high density residential districts, and then determine the amount of available land <br />within the city's UGB for each of the three residential categories. <br />Many cities, based upon findings and evidence from past development rates, do not assume that <br />all partially vacant land as determined by a buildable lands inventory will develop during a 14- <br />year or 20-year planning period. Some of these properties contain existing residential <br />improvements of such value that the owners are unlikely to add additional homes, and others <br />may be constrained by private codes, covenants, and restrictions that prevent additional <br />development. However, such determinations are subjective, and cannot be accommodated in a <br />simplified process based upon relative certainty and reduction of possibilities for litigation. The <br />department believes, also, that factors throughout the process that may introduce inaccuracy are <br />balanced between those that would increase and decrease development capacity, and thus should <br />be tolerated in the proposed simplified process (see discussion under OAR 660-038-0070(2) <br />regarding constraints). <br />Section (5) requires cities to identify all developed residential land within the UGB, the number <br />of units on such land, and the overall existing developed residential density. This figure will be <br />used in OAR 660-038-0060 (the previous rule regarding land need determination) as a "check" <br />against a city's residential density assumptions, ensuring that cities do not become less efficient <br />in its residential use of land within the UGB. <br />0070: Adjust Residential Lands BLI to Account for Constrained Lands (Page 11) <br />General: This rule directs cities to adjust the buildable land inventory completed under 660-038- <br />0060 to account for residentially designated lands that cannot accommodate projected residential <br />development. <br />Section (1) directs cities to identify physically constrained land, including floodways and water <br />bodies, special flood hazard areas, lands within a tsunami inundation zone, steeply sloped lands <br />(greater than 25 percent slope), lands subject to Goal 5 or Goal 6 resource protection programs, <br />and lands subject to protections related to Coastal Goals 16, 17, and 18. <br />Section (2) requires cities to discount the development capacity of various physically constrained <br />lands. For both special flood hazard areas and areas of steep slopes, the proposed reductions are <br />for a 100 percent reduction as is allowed in the current "safe harbor" rules for residential <br />buildable lands inventories under OAR 660-008-0005(2). <br />The initial department recommendation proposed reductions of 50 percent from capacity of lands <br />within special flood hazard areas (also known generally as the 100-year floodplain) and lands <br />with slopes greater than 25 percent. However, based upon a comment received from the Oregon <br />Chapter of the American Planning Association, the department has changed its recommendation <br />