December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment A <br />Proposed New Rules to Implement ORS 197A Public Draft 3 - November 23, 2015 <br />1 (2) The city and appropriate counties must assign appropriate urban plan designations to the <br />2 added residential land consistent with the need determination, and either: <br />3 (a) Apply appropriate zoning to the added land consistent with the plan designation, or <br />4 (b) Adopt measures to maintain the land as urbanizable land until the land is rezoned for the <br />5 planned urban uses by retaining the zoning that was assigned prior to inclusion in the <br />6 boundary or by applying other interim zoning that maintains the land's potential for planned <br />7 urban development. Measures for rezoning urbanizable land for needed housing shall be <br />8 clear and objective and consistent with other requirements of ORS 197.307. <br />9 (3) Cities with UGB population of 10,000 or greater must either: <br />10 (a) Consider the housing measures listed in the Table 8 and adopt at least one high impact <br />11 measure or three low impact measures, or <br />12 (b) Satisfy the alternate performance standard in section (4). <br />13 (4) A city has satisfied the alternate performance standard section (3)(b) if the city: <br />14 (a) Has a development code that contains the provisions specified in items 1 through 5 and 29 <br />15 through 31 of Table 8; and <br />16 (b) Demonstrates with substantial evidence in the record that, during the preceding planning <br />17 period or preceding seven years, whichever is less, development in the city equaled or <br />18 exceeded the maximum percentage set forth in the ranges for redevelopment in residentially <br />19 zoned and developed areas and mixed use residential development in commercially zoned <br />20 areas in OAR 660-038-0030(6)(a) through (c). <br />21 OAR 660-038-0200 <br />22 Serviceability <br />23 (1) Pursuant to ORS 197A.310(3) or 197A.312(3), a city that amends its UGB using this division <br />24 shall demonstrate that lands included within the UGB: <br />25 (a) Provide sufficient serviceable land for at least a seven-year period, and <br />26 (b) Can all be serviceable over a 14-year period. <br />27 (2) For purposes of subsection (1)(a) of this rule, a city shall demonstrate adequate sewer, water <br />28 and transportation capacity to serve at least seven years of planned urban development based on <br />29 system capacity and system improvements that are identified and described in an acknowledged <br />30 public facilities plan, an acknowledged Transportation System Plan, a capital improvement plan, <br />31 or the findings adopted by a city in support of a decision to amend its UGB. This shall consist of <br />11/23/2015 3:43:00 PM <br />http://intranet.dlcd.state.or.us/projects/UGBRAC/Reference Documents/660-038_3rdPublicDraft_2015-11-20.docx v2.0 <br />32 <br />