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Ordinance No. 22-06 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 22-O b AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITLE 18)AND THE ZONING MAP OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE HOUSING CO'�IPLIANCE UPDATES (DCA2022-00001 AND ZON2022-00001). WHEREAS, the City has initiated an application to amend the text of the Community Development Code (Title 18); and WHEREAS, in 2018, the City adopted Ordinance 18-23 amending the Community Development Code for the purpose of adopting the Phase H Housing Options to allow a wider variety of housing options,including middle housing, and to streamline housing development; and WHEREAS, in its 2019 regular session, the Oregon Legislative Assembly passed House Bill 2001, requiring cities of more than 10,000 people to allow middle housing by June 30,2022; and WHEREAS, on July 31, 2020, the Land Conservation and Development Commission adopted amendments to Oregon Administrative Rules Chapter 660 to add Division 46, creating prescriptive requirements for cities in order to comply with House Bill 2001; and WHEREAS, the City Council generally desires to improve the function, efficiency, and clarity of the Community Development Code to make housing production easier and more cost-effective; and WHEREAS, on May 25, 2021, the Tigard City Council adopted Ordinance 21-11, amending and updating the City's Housing Needs Analysis and Chapter 10 Housing of the Tigard Comprehensive Plan; and WHEREAS, Goal 10.1 of the Tigard Comprehensive Plan is to provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents; and WHEREAS, the 2021 Tigard Housing Needs Analysis demonstrates a significant and ongoing need for housing, particularly smaller and more affordable housing, based on the results of the 2018 Metro Housing Needs Analysis; and WHEREAS, the Oregon Housing and Community Services department published a pilot Regional Housing Needs Analysis in 2021 that found that the amount of needed housing in the region is significantly undercounted because the existing underproduction of housing and lack of housing units for unhoused residents are not fully accounted for; and WHEREAS,the purpose of the amendments is implement policy changes to comply with state law and administrative rules, to improve the code and encourage the development of more housing options for Tigard's residents; and to address minor deficiencies and conflicts in the code; and ORDINANCE No.22-G6 Page 1 WHEREAS, notice was provided to the Department of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in accordance with the Tigard Community Development Code; and WHEREAS, the Tigard Planning Commission held a public hearing on May 2, 2022 and recommended by unanimous vote that Council approve the proposed amendments; and WHEREAS, the Tigard City Council held a public hearing on June 7, 2022 to consider the proposed amendments; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has determined that the proposed amendments are consistent with the applicable review criteria as demonstrated in the City's findings. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council adopts the findings contained in "Exhibit A" to this Ordinance. The findings and conclusions that are attached as Exhibit A are hereby adopted as the basis in support of this Ordinance. SECTION 2: The Tigard Community Development Code (Title 18) is amended as shown in "Exhibit B". SECTION 3: The Tigard Zoning Map is amended as shown in "Exhibit C". SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder PASSED: By a It'6y vote of all council members present after being read by number and title only, this 7 day of , 2022. Carol A. Krager, City Recorder APPROVED: By Tigard City Council this 7 da of PIZ— , 2022. Jon B. Snider,Mayor Appro�ved/as to form: City Attorney 6-7-22 Date ORDINANCE No.22-0 6 Page 2 RECOMMENDATION AND FINDINGS I1 OF THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: HOUSING COMPLIANCE PROJECT CASE NO.: Development Code Amendment (DCA) DCA2022-00001 ZON2022-00001 PROPOSAL: The City of Tigard proposes legislative text and map amendments to the Tigard Community Development Code (TCDC) and the Tigard Zoning Map. The text and map amendments include the following: 1. Amendments to standards and procedures to bring the City into compliance with Houe Bill 2001 (2019) and OAR 660 Division 46 (2020); 2. Amendments to standards and procedures to bring the City into compliance with Senate Bill 458 (2021); 3. Minor changes to middle housing standards to make the code more efficient, clarify ambiguities,and remove unneeded standards in middle housing chapters; 4. Re-establish the distinction between accessory dwelling units and other additional dwelling units on a lot; 5. General housekeeping to increase consistency and remove redundancies; 6. Miscellaneous code fixes identified by staff; and 7. Consolidating the number of residential zones from 8 to 5. The proposed text and map amendments for the Planning Commission's review are included in Attachments 1 and 2, and summarized below in Section IV of this report: APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing); METRO's Urban Growth Management Functional Plan Titles 1, 6, 7, and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.24, 10.1.1, 10.1.2, 10.1.3, 10.1.6, 10.1.8, 10.1.10, 10.1.11, and 10.2.9; and Tigard Development Code Chapters 18.710 and 18.790. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 1 OF 12 SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends the City Council adopt the proposed amendments with any alterations as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY The Housing Compliance project builds on the City's recent housing policy work,including the 2018 Phase II Housing Options project and the 2021 Tigard Housing Needs Analysis.The main intent of this project is to bring the City's existing code into compliance with the provisions of House Bill 2001 (2019),the associated Oregon Administrative Rules Chapter 660 Division 46 (2020),and Senate Bill 458 (2021). House Bill 2001,passed a little more than six months after Tigard adopted its middle housing reform,provided a broad requirement that cities over a certain size across the state must legalize middle housing.At the time of its passage, the City was largely in compliance with the provisions of the bill.Two small changes were made in a subsequent code project in 2019 that were intended to bring the City into full compliance. However,the bill also mandated rulemaking and the creation of a Model Code that would be applied to middle housing approvals in jurisdictions that could not or would not adopt their own local regulations that met state requirements. The administrative rules and model code were adopted in late 2020 and contain some differences from what Tigard adopted in 2018. The rules as published included an option for alternative compliance with the rules.The City met with the Department of Land Conservation and Development over the course of the following four months to determine if demonstrating alternative compliance was possible,given the City's early and good-faith efforts to implement middle housing reform before HB2001 was adopted. In April of 2021,DLCD completed a review of the City's middle housing code,and informed the City that alternative compliance would not be possible. The Community Development department subsequently moved forward with scoping a project to bring the City into compliance with the bill by the deadline of June 30,2022. During the early stages of this work, the legislature passed Senate Bill 458,which requires that the City allow middle housing land divisions on an expedited basis. Tigard must comply with this requirement by the same deadline. Bringing the City's code into full compliance with the administrative rules also presented an opportunity to revisit and improve the code based on the experience of implementing its provisions over the past three-and-a- half years. Process improvements and small tweaks to standards were included in the project to ensure that Tigard remains a leader in middle housing development and housing opportunity in general. The implementation of the state administrative rules means that middle housing must now be allowed on lots that are the same size or smaller than the lots for single detached houses. As a result,the distinctions between many of these zones have become trivial or moot. One example of this is the standards for rowhouses (townhouses under the state's nomenclature),which require that rowhouses be allowed on lots no larger than 1,500 square feet across all zones. This, and other requirements,have blurred the distinctions between zones. Given the need to simplify standards and remove redundant or repetitive provisions in the code,the Community Development team proposes to consolidate existing zones,reducing the total number of residential zones from 8 to 5. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 2 OF 12 Summary of Code Changes This section provides a finer level of detail of the changes proposed for each chapter of the revised development code. Some types of changes are common throughout the code. These types of changes unify and standardize the entire development code through using consistent phrasing, terminology, and formatting. These changes include: • The phrase "single detached houses" has been replaced with"small form residential." • The small form residential type integrates single detached houses, as well as duplexes and triplexes, which are required to be allowed by right in all zones that allow a single detached house. • The accessory dwelling unit type,which in the current code includes the duplex and triplex housing types,has been reverted to solely applying to a detached accessory dwelling unit. Further,the attached accessory dwelling unit type has been integrated into the small form residential housing type. • Housing types that have more complicated development standards are provided with the state- mandated clear and objective approval process without land use, as well as an alternative process that allows greater design flexibility. • The new Type II-Modified procedure for Sublot Plats requires updating references to Land Use Procedures throughout the Community Development Code as well as a few references in the Tigard Municipal Code. • As part of the zone consolidation,residential zones have been renamed to remove numbers from their designation.These numbers often caused confusion as they were assumed to relate to density. This disjunction was made more confusing by the addition of middle housing,where each housing type allowed in residential zones has a different net density,none of which corresponds to the numerical designation of the zone. Two new chapters have also been proposed: Chapter 18.805 Lot Standards and Chapter 18.840 Sublot Plats. Chapter-specific changes are discussed below. If a chapter does not include significant changes it is included in the omnibus changes section. Chapter 18.20 Administration and Enforcement This chapter is updated to provide clarity on the procedures used for plan review of development and use proposals that do not require land use. Chapter 18.110 Residential Zones This chapter is updated to provide new use and housing type tables for the zone mergers. The density standard is removed because it is duplicated elsewhere in the code. Chapter 18.220 Accessory Dwelling Units This chapter is updated to implement the changes listed in the summary above and remove the Type I approval process for ADUs,instead allowing them by right when the applicable standards are met. Chapter 18.240 Cottage Clusters HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 3 OF 12 This chapter is updated to incorporate the requirements of state law and administrative rules related to siting and design standards. In addition, some small changes are included that improve or clarify the meaning of standards. The required clear and objective standards are included,as well as an alternative compliance pathway that requires land use. Chapter 18.250 Courtyard Units While not subject to the requirements of state law and administrative rules related to HB2001,this chapter was updated to provide design standards and approval processes consistent with the similar cottage cluster housing type. In addition, some small changes are included that improve or clarify the meaning of standards. Chapter 18.270 Quads This chapter was updated to comply with state administrative rules,removing disallowed standards and the requirement for land use approval. In addition, some small changes are included that improve or clarify the meaning of standards. Chapter 18.280 Rowhouses This chapter was updated to comply with state administrative rules,removing disallowed standards and the requirement for land use approval. In addition, some small changes are included that improve or clarify the meaning of standards. Chapter 18.290 Small Form Residential This chapter is updated to implement the changes listed in the summary above and incorporate approval processes and standards for single detached houses,duplexes,triplexes,and attached accessory dwelling units into one chapter. Chapter 18.710 Land Use Procedures This chapter was updated to include a new Type II-Modified procedure for Sublot Plats. Chapter 18.805 Lot Standards This is a new chapter but consolidates development standards and provisions from other parts of the code, including Residential Standards and Land Divisions. Chapter 18.780 Site Development Review This chapter was updated to make the language and approval process consistent with the new alternative standards for some middle housing and to further clarify the meaning of the language. Chapter 18.810 Lot Line Adjustments and Consolidations Chapter 18.820 Land Partitions Chapter 18.830 Subdivisions HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 4 OF 12 These chapters were updated to make language and standards more consistent where applicable and to move some standards to the new Lot Standards chapter, 18.840. SECTION IV. APPLICABLE CRITERIA, FINDINGS, AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: The City conducted a comprehensive public engagement process with the 2018 Phase II Housing Options project.This project brings those changes into compliance with state law. Notice was sent to affected government agencies by email on March 18,2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on April 15, 2022. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment, and the intent of these amendments are to meet the requirement of state law, administrative rules,and the Statewide Planning Goals. This goal is satisfied. Statewide Planning Goal 10—Housing: This goal requires cities and counties to provide adequate capacity for needed housing. OAR Chapter 660 Division 8, which implements Goal 10, states that "the purpose of the division is to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs." FINDING: The City adopted an updated Housing Needs Analysis in May of 2021.This analysis found that the City will need to accommodate more than 7,400 new households over the coming 20 years. The City currently only has the capacity for 4,200 units in existing areas and will need an additional 3,200 units of HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 5 OF 12 housing to meet this need. Notably,the estimates of need are based on regional projections that do not account for existing underproduction levels and the needs of the unhoused. A pilot regional housing needs analysis conducted by Oregon Housing and Community Services shows a need of nearly 12,000 units in Tigard over that same time horizon. The proposed code changes do not decrease housing supply or capacity.They further Tigard's work to support more housing diversity and allow increased housing capacity in exchange for development of much-neeeded smaller housing units.The clarification of standards and the new allowances for by-right development of Small Form Residential (single detached houses,duplexes,triplexes, and attached accessory dwelling units), Rowhouses, Quads, and Detached Accessory Dwelling Units will result in an easier development pathway for these housing types. These middle housing types allow for a more efficient use of land,particularly land that would otherwise be marginally developable. Because of the more flexible development standards provided for middle housing, larger lots that may be constrained by sensitive lands or topography can include housing in the developable portions of the lot while protecting natural resources.Lots with these types of constraints may not be developable for small form residential due to lot size and frontage requirements. The City may only apply clear and objective standards to housing under Goal 10.These code changes include further clarification of standards to ensure that they are as clear and objective as practicable.This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, the Planning Commission finds the proposed amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan,only applicable Titles are addressed below. Title 1—Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity except as provided in section 3.07.120. FINDING: Title 1 has been met by further increasing the housing capacity in Tigard. Middle housing types included in the proposed code changes provide for incremental capacity growth that is compatible with existing neighborhoods. Each of the standards provided in 3.07.120 Housing Capacity sets minimum zoned capacity, which is not affected by the proposed changes. In addition, the final standard states that a"city or county shall authorize the establishment of at least one accessory dwelling unit for each detached single-family dwelling unit in each zone that authorizes detached single-family dwellings."The city's development code exceeds this standard by allowing up to two accessory dwelling units on each small form residential lot.This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 6 OF 12 designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING: The proposed code changes have little effect on the City's adopted Town Centers — the Downtown Plan District and the Tigard Triangle Plan District— because each of these districts already provide for increased housing capacity through allowances for mixed-use and incremental development, as well as increased height allowances.The City's regional center—the Washington Square Plan District—already includes allowances for most housing types. Section 3.07.640(c) of Title 6 states: "Centers, Corridors, Station Communities and Main Streets need a mix of housings [sic] types to be vibrant and successful. The following mix of housing types is recommended for each: (1) The types of housing listed in the "needed housing" statute, ORS 197.303(1); (2)The types of housing identified in the City's or county's housing need analysis done pursuant to ORS 197.296 or statewide planning Goal 10 (Housing); and (3) Accessory dwellings pursuant to section 3.07.120 of this chapter." Unfortunately, many of the lands included in the MUR-1 and MUR-2 zones are constrained by sensitive lands.Because missing middle housing types can make more efficient use of constrained lands by building around sensitive lands without regard to creating lots sized for small form residential,they are an appropriate type for inclusion in these two zones. This title is satisfied. Title 7—Housing Choice The Regional Framework Plan calls for establishment of voluntary affordable housing production goals to be adopted by local governments and assistance from local governments on reports on progress towards increasing the supply of affordable housing. FINDING: Title 7 has been met by further increasing the capacity for housing choice in Tigard. Section 3.07.730 of Title 7 states that: "cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: (a) Include strategies to ensure a diverse range of housing types within their jurisdictional boundaries. (b) Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. (c) Include plan policies, actions, and implementation measures aimed at increasing opportunities for households of all income levels to live within their individual jurisdictions in affordable housing." Title 7 does not specify what is meant by "affordable housing". The City interprets the mandate to include not just regulated affordable housing,but naturally-occurring affordable housing and housing made affordable by a range of choices in size. The proposed code changes encourage greater housing diversity and choice in Tigard,leading to more affordable choices for families and individuals,and ensuring opportunities for affordable home ownership and rental for all income levels and household sizes.This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment.The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan.If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro on March 18, 2022. No comments were received. CONCLUSION: Based on the findings above, the Planning Commission finds that the proposed HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 7 OF 12 amendments are consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan,only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2:The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: The City conducted a comprehensive public engagement process with the 2018 Phase II Housing Options project.The proposed amendments brings those changes into compliance with state law. Notice was sent to affected government agencies by email on March 18,2022. The notice requirements set forth in Section 18.710.110 (Type IV Procedures) were met. A notice was published in the Tigard Times newspaper on April 15, 2022. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of three drafts of the proposed code changes (Discussion Draft, Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear policy direction for the approval of housing types. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2:The City's land use regulations,related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal, as required by Section 18.710.110 (Type IV Procedures) and discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 8 OF 12 Policy 2.1.4: The City's land use program shall promote the efficient use of land through the creation of incentives and redevelopment programs. FINDING: The proposed amendments include provisions that allow for the efficient use of land. An incentive is provided to allow smaller housing units in exchange for greater unit capacity. These changes will allow the redevelopment of marginal properties that would not have produced increased capacity otherwise.. This policy is satisfied. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: The proposed amendments further the City's goal to provide design standards that ensure that the value, livability, and attractiveness of the City is preserved and increased. Standards for street-facing facades ensure that the pedestrian realm remains attractive and that housing does not present blank walls to the street. These design standards also meet the state requirement that they be clear and objective,which prevents subjective aesthetic criteria from being applied to residential development. The proposed standards ensure that the City's goals and the state requirements are simultaneously met. This policy is satisfied. Policy 10.1.1: The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents. FINDING: The City has expressed a desire through its Comprehensive Plan policies to provide opportunities for greater housing variety, to meet the needs of its present and future residents at all stages of life. In addition, the City has expressed a desire to provide greater economic integration through housing variety. The proposed code changes further this policy directive by providing a streamlined process for development of new housing types that are limited in size. In addition, clear and objective standards ensure that those who wish to develop are provided with a fair, consistent, and predictable pathway to approval. These reduce the time and cost to develop,and can help to ensure that units are sold or rented at price points that meet the needs of young families, singles,and senior citizens. This policy is satisfied. Policy 10.1.2: The City's land use program shall be consistent with applicable state and federal laws. FINDING: House Bill 2001 (2019) and Senate Bill 458 (2021) require that the City amend its development code by June 30, 2022 to meet the provisions of Oregon Administrative Rules Chatpe 660 Division 46, and to allow middle housing land divisions. The proposed code amendments bring the City into compliance with these requirements. This policy is satisfied. Policy 10.1.3: The City shall support housing affordability, special-needs housing, ownership opportunities, and housing rehabilitation through programs administered by the state, Washington County, nonprofit agencies, and Metro. FINDING: The proposed code amendments support greater housing affordability and ownership opportunities by ensuring that adequate housing variety is allowed. Affordable housing, both regulated and non-regulated, requires flexibility in standards that make smaller housing unit production possible. First-time homeownership is dependent on the provision of smaller housing units that have a reduced up-front cost as well as lower maintenance and utility costs. This policy is satisfied. Policy 10.1.6: The City shall adopt and maintain land use regulations that provide opportunities to HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 9 OF 12 develop housing for persons with special needs. The scale, design, intensity, and operation of these housing types shall be compatible with other land uses and located in proximity to supporting community services and activities FINDING:The standards proposed for middle housing ensure compatibility with surrounding uses.In addition, middle housing is potentially an area of housing opportunity for those with special needs, with increased opportunity for small units, zero-step entries,group living, among other scenarios. This policy is satisfied. Policy 10.1.8: The City shall provide opportunity for a mix and range of housing types and sizes in all low-and medium-density residential areas,including single detached houses, accessory dwelling units, quads, cottage clusters, courtyard units, and rowhouses. FINDING: The proposed code amendments increase opportunities for all listed housing types in low- and medium-density areas by streamlining approval processes and improving the clarity of development standards. This policy is satisfied. Policy 10.1.10: The City shall enact policies that provide for equitable housing opportunity without discrimination or disparity based on tenure, familial status,or household composition of the occupants of any type of housing. FINDING: The proposed code amendments increase equitable housing opportunity through the means described above. In addition,the development code does not treat development differentially based on housing tenure,focusing instead on the form of buildings.Tigard has no familial requirements in relation to its definition of a household,nor limits on occupancy based on familial status. This policy is satisfied. Policy 10.1.11: The City shall encourage the development of mixed-income neighborhoods and ensure opportunity for economic mobility and intergenerational wealth through affordable homeownership programs. FINDING: The proposed code amendments increase equitable housing opportunities and encourage mixed- income neighborhoods by allowing a variety of housing sizes and types to co-exist in the same neighborhood. Increased housing opportunity provides for redeuced housing costs and economic mobility.The opportunity to purchase smaller housing units not previously available in the market will provide greater opportunity for intergenerational wealth.This policy is satisfied. Policy 10.2.9: The City shall require infill development to be designed to address compatibility with existing neighborhoods. FINDING: The proposed code amendments ensure compatibility of new housing types with existing neighborhoods through development standards that reduce their size, scale, and location on lots in relation to typical small form residential development. In addition, the standards include requirements for common open spaces and screening at property boundaries and around off-street parking areas.This policy is satisfied. CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed amendments are consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Section 18.790: Zoning Map and Text Amendments HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 10 OF 12 18.790.020 Legislative Amendments A.Approval process.A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in Section 18.710.110. This procedure requires public hearings by both the Planning Commission and City Council. Public hearings were conducted on May 2, 2022 and June 7,2022.This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING:Findings and conclusions are provided throughout Section IV above,for the applicable listed factors on which the recommendation by the Commission and the decision by the Council are based. This standard is satisfied. CONCLUSION: Based on the findings above, the Planning Commission concludes that the proposed amendments are consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, the Planning Commission concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies,and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washington County, TVF&R, METRO, ODOT, DLCD, DEQ, CWS, OR Dept. of Aviation, OR Historic Preservation Office, TTSD, NW Natural, OHA, PGE, Tigard Water District, Tualatin Hills Parks and Rec District, and Tri-Met were notified of the proposed code text amendments. The Department of Land Conservation and Development submitted written comments. Those comments and the City's responses are included in a separate attachment. SECTION VI. PUBLIC COMMENTS No public comments have been received to date. HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 11 OF 12 Z _ - May 18,2022 PREPARED BY: Schuyler Warren DATE Senior Planner ‘alce May 18, 2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director May 18,2022 APPROVED BY: Yi-Kang Hu DATE Planning Commission President HOUSING COMPLIANCE DCA2022-00001,ZON2022-00001 6/7/2022 PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 12 OF 12 Exhibit B: Housing Compliance Code Update Strikethrough with Commentary May 18, 2022 (Exhibit B is a large document and cannot be posted. To view or pick up a copy, check with the City of Tigard Permit Center Front Desk.) IrlIr��E.zalli■ - iii7MM1%1IcE1I!QE ( e<fro 4 IIIITEtilI 1111 XII Cioigard A,i r MauiEi ITIGAI .... . r'1 z co Current Zoning o 111111 p,..,___: 1 I Nati W141111 ., 0 NVI =I �♦ �I 2 in on ^ ‘Nsio Ill CVs Pi''pP o Till: cil / ¢ R,I) —I IINTOMMINr _ SGNo� s FERa� ��� i' 7 11111 Ad ,.. 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