Project proposals
In addition to many technical clarifications and corrections, the Land Division Code Update Project is proposing the following three changes:
1. Create a set of clear and objective approval standards as an alternative to discretionary criteria.
Currently, many of the requirements for land divisions are expressed as “discretionary criteria,” which are written using subjective terms that involve judgement to understand and – ultimately – decide what is required. They might include terms such as “adequate,” “sufficient,” or “to the extent practicable.” While discretionary criteria allow for flexibility in how a land division may be designed, it is not always clear what is required to satisfy them.
This project will amend the City’s land division regulations to include “clear and objective standards” for land divisions. These standards are well-defined requirements that can be reviewed without subjective judgment. Because these standards are clearer and more straightforward, they can also streamline the applicant’s site design and the city’s review processes.
2. Update the City’s potential landslide hazard area map.
The potential landslide hazard map shows areas with a higher risk of landslides due to steeper slopes and geology. If someone wants to subdivide a property in a landslide area, they must provide a study that looks at the hazards on the site in greater detail.
Since Portland’s landslide hazard map was adopted in 2002, more accurate and detailed information is available to identify potential landslide risks. As part of this project, the landslide hazard map will be updated to better identify areas with higher landslide risk.
Review the proposed map changes on the Land Division Code Update Project Map App.
3. Calibrate land division standards, thresholds and review procedures.
This project will also calibrate land division requirements to better reflect the size and complexity of land division sites. Smaller and more straightforward applications will be subject to either fewer requirements, a less onerous process, or reduced submittal requirements. Some of these changes include:
Simplifying the requirements to separate pre-existing lots in multi-dwelling zones (Chapter 33.120)
When several legal lots are under single ownership in a tax lot, separating those lots into individual development sites can be challenging if there is existing development on one or more of those lots. The proposed changes simplify the process, enabling new residential infill development to occur, while reducing pressure to demolish existing development.
Consolidating the single-dwelling zone land division lot regulation (Chapters 33.610 and 33.611)
Currently, the land division lot dimension and density regulations for single-dwelling zones are in two separate chapters of the zoning code: one for R2.5 and one for other single-dwelling zones. There are few distinctions between rules that apply to either one, so a separate chapter is no longer warranted. This change will combine these two chapters.
Adjusting the required recreation area threshold to better relate to the size of the proposed land division (Chapter 33.634)
The current recreation area threshold applies to 40 or more dwelling units, which could be as little as 10 lots with fourplexes in the single-dwelling zone or a site as small as half an acre in some multi-dwelling zones. The proposed change to 40 or more lots is better scaled to larger land division sites and retains greater development options for the future lots.
Removing the solar lot orientation regulations from the land division review (Chapter 33.639)
The solar lot requirements generally aim to have narrower lots be located on the south side of the street. But the requirements are convoluted and frequently superseded by other land division requirements. They have also been applied to sites that are shaded by offsite trees, topography, or taller development nearby. Requirements for minimum density and Portland’s small lot sizes also make compliance challenging. This change removes the solar lot requirements.
Aligning the traffic impact analysis requirement with other types of development (Chapter 33.641)
The current requirement for a transportation impact analysis treats all land divisions the same, regardless of their potential transportation impacts. The proposed change will align this requirement with similar trip thresholds that trigger this analysis for other types of development, such as an apartment building.
Removing the requirement for school district sign-off for all land divisions (Chapter 33.655)
Currently, applicants for land divisions of 11 or more lots located in the David Douglas School District must receive a sign-off from the district, an unnecessary and time-consuming step in the land division process.
Reducing the review process for two- and three-lot partitions with concurrent environmental review (Chapter 33.660 and 33.662)
Land divisions that include a concurrent environmental review are automatically a Type III land use review, adding significant cost and time to the review. The proposed new review procedure will be a Type IIx review for two- and three-lot partitions, which is the same review procedure that applies to sites with landslide hazards.
Simplifying application material submittal requirements and allowing for electronic submittals (Chapter 33.730)
The code specifies various numbers of copies of reports and plans that must be submitted with an application, which does not reflect the City’s current practice. The proposed changes allow for electronic application submittals and reduce the number of paper copies required (when paper copies are submitted) to a single copy.