On November 14, Portland’s Planning Commission voted to recommend the Housing Regulatory Relief package to City Council, but not without making several changes. This was the first major decision the relatively new Planning Commission has had to wrestle with, and the public testimony and debate over each of the decisions was spirited and productive.
The project proposes temporary (five-year) suspensions to several regulations related to the development of new housing, in addition to permanent clarifications in Portland’s zoning code. These regulations were initially adopted to address climate change, the safety of migratory birds, early neighborhood notifications, as well as improving the public realm.
The proposed suspensions, however, are intended to reduce regulatory barriers to housing production in the face of Portland’s housing crisis. Many of the proposals in the Housing Regulatory Relief Proposed Draft responded to what market-rate and affordable housing developers considered to be impediments to development and construction.
Portlanders submitted more than 200 pieces of online testimony on the Housing Regulatory Relief Proposed Draft, and more than 30 people testified in person at a public hearing with the Planning Commission on October 24. Much of the testimony expressed concerns with the suspension of some design and sustainability standards, including eco-roofs, bird-safe glazing, and ground floor requirements. Other testimony focused on process issues, such as early neighborhood notification of new housing projects. Several testifiers expressed general support for the regulatory relief as a way to lower the time and costs in permitting residential construction.
At the close of the hearing, the Planning Commissioners felt they needed more time to review and discuss the issues and testimony, so they scheduled a special work session on November 7, in addition to their next regular meeting on November 14. The Commission focused their debate on the standards for bird-safe glazing, eco-roofs, and the neighborhood contact process.
Project staff presented amendments on these items at the November 14 meeting. For each proposal, Commissioners debated whether there should be a compromise between having a temporary suspension of the regulation versus keeping the current requirements. Ultimately, they voted to recommend the package of amendments in the Housing Regulatory Relief package, with three changes:
- Reject a suspension of the bird-safe glazing requirement, while requesting staff continue researching a temporary compromise.
- Amend the eco-roof suspension to apply only when the roof area is dedicated to solar panels in lieu of an eco-roof.
- Temporarily waive the meeting requirement in the neighborhood contact process, but continue to require applicants to post information about the new development on the construction site and provide notice prior to the submission of a permit or land use review.
The Planning Commission accepted the staff proposal on the remaining issues in the package.
Project staff will be updating the draft report and preparing to submit the amended package to City Council before another public hearing, which is currently scheduled for Jan. 10, 2024.