Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 48 of 56 <br />than 10,000 and to cities of 10,000 or more, respectively.) In general terms, the statute requires <br />lands within the UGB to be zoned in a manner consistent with the assumptions used to determine <br />the land need for each category of use. <br />Section (1): incorporates the general statutory requirements of ORS 197A.310(3)(e) (A) and (B) <br />and ORS 197A.312(3)(e)(A) and (B). <br />Section (2): incorporates the provisions of ORS 197A.310(3)(e)(D) and ORS 197A.312(3)(e)(D) <br />which establish requirements for addressing transportation impacts resulting from planned urban <br />uses. <br />Section (3): provides a cross-reference to OAR 660-038-0190, which is a separate rule that <br />implements the provisions of ORS 197A directing planning and zoning requirements for needed <br />housing. <br />Section (4) sets forth requirements for cities to address Goal 5 resources for lands to be added to <br />the UGB. These provisions are similar to existing requirements found in OAR 660-024-0020 in <br />that they require the application of Goal 5 rule (OAR chapter 660, division 24) requirements only <br />to those resources that may be present on lands that are to be added to the UGB. In other words, <br />a UGB amendment does not trigger broader application of Goal 5 for lands already in the UGB. <br />This section further limits the potential application of Goal 5 to resources or sites that are <br />specifically identified through factual information submitted as a part of the UGB amendment <br />process. The basic purpose of this limitation is to avoid potentially lengthy and complex new <br />inventory and analysis processes for all Goal 5 resources, while still providing for the application <br />of appropriate Goal 5 considerations for known, identifiable resources. <br />The department notes that commenters have indicated concern as to whether and how Goal 5 <br />applies in the simplified process, throughout the term of the RAC's consideration. Section (4) is <br />a way to indicate that Goal 5 applies in the new process in exactly the same manner that it has <br />applied (and continues to apply) in the traditional process. <br />Section (5) implements the basic Goal 14 requirement for the designation and management of <br />urbanizable land, in the same way as is done in the traditional process. <br />Section (6) implements ORS 197A.310(8) and 197A.312(8) by requiring that cities that add land <br />to a UGB for residential or industrial purposes must keep that designation in place for a <br />minimum of 20 years before considering a redesignation of such lands for other purposes. The <br />statutory language allows the commission to adopt rules allowing a change of designation for <br />such lands "based upon a significant change in circumstance," and the department recommends <br />that a long period of time (at least 20 years) with no development of residential or industrial uses <br />on such property would constitute an acceptable and clearly measurable "change of <br />circumstance." <br />