Adopt the Environmental Overlay Zone Map Correction Project, amend Title 33, Zoning Maps, Natural Resource Inventory, and supersede and replace specified natural resource protection plans (amend Ordinance Nos. 164472, 163770, 164517, 165002, 167293, 166572, 168154, 168699, 171740, and 172421)
The City of Portland ordains:
Section 1. The Council finds:
- Oregon State Land Use Planning Goal 5 directs jurisdictions to inventory natural resources and to use an Economic, Social, Environmental, and Energy analysis (ESEE) to determine which resources are significant, to identify conflicting uses of resources, to determine which resources should be protected, and to create a program to protect those resources. (OAR 660-015).
- Between 1989 and 2003, the City of Portland adopted 13 different area-specific natural resource protection plans, which applied Environmental Overlay Zones (ezones) to significant natural resources. The natural resource protection plans and the ezones were found by the State of Oregon to be in compliance with Goal 5. Eleven of the area-specific resource protection plans are wholly or partially located within the project area of the Environmental Overlay Zone Map Correction Project (these plans are listed below):
- In 1991, the City of Portland adopted the Johnson Creek Basin Protection Plan, which applied ezones in the Johnson Creek watershed in southeast Portland (Ordinance No. 164472).
- In 1991, the City of Portland adopted the Balch Creek Watershed Protection Plan, which applied ezones in the Balch Creek Watershed in northwest Portland (Ordinance No. 163770).
- In 1991, the City of Portland adopted the Northwest Hills Natural Areas Protection Plan, which applied ezones in northwest Portland in areas that were located to the east of NW Skyline Blvd and to the west of the Willamette River (Ordinance No. 164517).
- In 1992, the City of Portland adopted the Southwest Hills Resource Protection Plan, which applied ezones in southwest Portland in areas that are located to the east of the Fanno Creek watershed (Ordinance No. 165002).
- In 1993, the City of Portland adopted the Fanno Creek and Tributaries Conservation Plan, which applied ezones in the Fanno Creek watershed (Ordinance No. 167293).
- In 1993, the City of Portland adopted the East Buttes, Terraces and Wetlands Conservation Plan, which applied ezones to natural resources located in a variety of areas that are scattered around Portland to the east of the Willamette River, including Kelly Butte, Mount Tabor, Rocky Butte, the Wilke’s Creek Watershed, Glendoveer Golf Course, Rose City Golf Course, Sullivan’s Gulch, Overlook Bluff, Pier Park, Beggar’s Tick Marsh, and Smith and Bybee Lakes (Ordinance No. 166572).
- In 1994, the City of Portland adopted the Skyline West Conservation Plan, which applied ezones in portions of northwest Portland that are located to the west of NW Skyline Blvd (Ordinance No. 168154).
- In 1995, the City of Portland adopted Revisions to Clarify the ESEE Analysis for the Northwest Hills Natural Areas Protection Plan (Ordinance No. 168699).
- In 1997, the City of Portland adopted the Boring Lava Domes Supplement to the Johnson Creek Basin Protection Plan, which updated and amended the ezone mapping in the southeastern most resource sites in the Johnson Creek watershed (Ordinance No. 171740).
- In 1998, the City of Portland adopted the Citywide Environmental Overlay Zone Map Refinement Project, which made corrections and minor adjustments to ezone mapping in locations around Portland where ezones had previously been applied (Ordinance No. 172421).
- In 2001, Multnomah County adopted the ESEE Analysis and Recommendations for Natural, Scenic, and Open Space Resources within Multnomah County Unincorporated Urban Areas, which applied ezones to portions of unincorporated Multnomah County that are located within the Portland Urban Services Area, and which are under the planning and zoning jurisdiction of the City of Portland, including portions of the Johnson Creek watershed, the Linnton neighborhood, the Sylvan Neighborhood, and the Dunthorpe Neighborhood (Multnomah County Ordinance No. 967).
- In 2005, the City of Portland adopted the Environmental Code Improvement Project, which made substantial amendments to the Ezone Code: Chapter 33.430 (Ordinance No. 179540).
- In 2005, Metro adopted Title 13: Nature in Neighborhoods, which utilized a new, standardized regional methodology for assessing and protecting natural resources, including riparian resources and critical wildlife habitat, and provided a pathway for jurisdictions to come into compliance with Goal 5 requirements.
- In 2010, Metro found Portland’s Goal 5 compliance program, including the 13 adopted natural resource protection plans and the ezones, to be in substantial compliance with Title 13.
- In October 2012, the City of Portland adopted a new Natural Resource Inventory (NRI) as a supporting document for the 2035 Comprehensive Plan. This was an element of the City’s state-acknowledged Periodic Review Work Plan. The NRI utilizes a resource mapping methodology that is consistent with Metro Title 13 for streams, vegetation patches and steep slopes (Ordinance No. 185657, LCDC Order 001850).
- In June 2016, the City of Portland adopted the 2035 Comprehensive Plan which contained a number of provisions that require the Natural Resource Inventory to be updated and that require environmental protection plans and natural resource protection programs to be updated using the best available data and science (Ordinance No. 187832).
- Policy 1.2 directs the City of Portland to maintain and update the NRI.
- Policy 7.20 directs the City of Portland to maintain an up-to-date natural resource inventory.
- Policy 7.21 directs the City of Portland to maintain up-to-date natural resource protection plans and regulations.
- On January 18, 2022, BPS published the Planning and Sustainability Commission’s Recommended Draft Environmental Overlay Zone Map Correction Project. The plan contains the following elements:
- Volume 1, Project Overview, Zoning Amendments, Ezone Remapping. This document details the methodology that was used to remap the ezones, it summarizes the ezone mapping protocols and the changes to the ezones, including maps that depict the remapped ezones, and it contains the following amendments to Title 33.
- Table of Contents: Update to the Index of Symbols in the Official Zoning Maps.
- 33.430 Environmental Zones: clarify existing exemptions for tree and vegetation management/removal, add new exemptions for trails and firebreaks, allow trails that that meet ADA width recommendations, add exemptions and standards for septic systems, add new standard for modifications to flood control facilities, add new exemption for burial plots, remove maps and listings that refer to resource protection plans that are being superseded, other minor clarifications to standards and exemptions.
- 33.465 Pleasant Valley Natural Resource Overlay Zone: Update description of zoning map symbols and update map of plan area.
- 33.475 River Overlay Zones: Add language to vegetation pruning and removal exemption clarifying that replanting of bare ground is required, and update trail exemption to allow trail widths that are consistent with ADA recommendations.
- 33.480 Scenic Resource Zones: Add reference to River Plan/South Reach Scenic Resource Protection Plan, and update setback standard to allow road setbacks to be relaxed in areas where the scenic overlay overlaps with an ezone.
- 33.537 Johnson Creek Basin Plan District: Remove exemption that is no longer relevant.
- 33.564 Pleasant Valley Plan District: Replace map of plan district to exclude properties that were removed from the Portland urban services area by the 2035 Comprehensive Plan.
- 33.910 Definitions: Remove sentence that refers to mitigation banks from the Resource Enhancement definition.
- Volume 1 is attached as Exhibit B.
- Volume 2 consists of a series of reports providing more detailed information and analysis about the resources that are the subject of this plan. These reports are organized in the same manner as the original 13 area-specific natural resource protection plans. Exhibit T provides a detailed crosswalk between the original plans and the exhibits adopted by this ordinance, organized by resource site.
- Part A1 – Forest Park and Northwest District, Natural Resources Inventory and Protection Decisions (Resource Sites 1-20). This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in Portland’s Northwest Hills, including areas where ezones were previously applied by the Northwest Hills Natural Areas Protection Plan, the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas and the Balch Creek Resource Protection Plan. Volume 2A1 is attached as Exhibit C.
- Part A2 – Forest Park and Northwest District, Natural Resources Inventory and Protection Decisions (Resource Sites 21-41). This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in Portland’s Northwest Hills, including areas where ezones were previously applied by the Northwest Hills Natural Areas Protection Plan, the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas and the Balch Creek Resource Protection Plan. Volume 2A2 is attached as Exhibit D.
- Part B – Skyline West, Natural Resources Inventory and Protection Decisions. This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in portions of Portland’s Northwest Hills in which ezones were previously applied by the Skyline West Conservation Plan. Volume 2B is attached as Exhibit E.
- Part C – Tryon Creek and Southwest Hills East, Natural Resources Inventory and Protection Decisions. This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in portions of Portland’s Southwest Hills in which ezones were previously applied by the Southwest Hills Resource Protection Plan and the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas. Volume 2C is attached as Exhibit F.
- Part D – Fanno Creek, Natural Resources Inventory and Protection Decisions. This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in portions of Portland’s Southwest Hills in which ezones were previously applied by the Fanno Creek and Tributaries Conservation Plan and the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas. Volume 2D is attached as Exhibit G.
- Part E – East Buttes and Terraces, Natural Resources Inventory and Protection Decisions. This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in portions of Portland that are located to the east of the Willamette River in which ezones were previously applied by the East Buttes, Terraces and Wetlands ConservationPlan. Volume 2E is attached as Exhibit H.
- Part F – Johnson Creek, Natural Resources Inventory and Protection Decisions. This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in portions of Portland that are located in the Johnson Creek watershed in which ezones were previously applied by the Johnson Creek Basin Protection Plan, the East Buttes, Terraces and Wetlands ConservationPlan, and the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas. Volume 2F is attached as Exhibit I.
- Part G – Boring Lava Domes, Natural Resources Inventory and Protection Decisions. This document contains an inventory of the natural resources, the resource protection decisions and the proposed ezone maps that apply to resource sites in portions of southeast Portland in which ezones were previously applied by the Boring Lava Domes Supplement to the Johnson Creek Basin Protection Plan. Volume 2G is attached as Exhibit J.
- Volume 3 –Natural Resource Inventory, Goal 5 and Title 13 Compliance and Appendices. This document details the natural resource mapping methodology that is utilized in the Natural Resource Inventory and demonstrates that the Environmental Overlay Zone Map Correction Project is in compliance with Oregon State Land Use Planning Goal 5 and Metro Title 13. The document also includes appendices that contain background information on the project. Volume 3 is attached as Exhibit K.
- The scope of the Environmental Overlay Zone Map Correction Project does not address portions of the city with industrial or employment comprehensive plan designations – specifically much of the Columbia Corridor and Willamette River Harbor. There are also several instances where site-specific resource protection policies are being retained. Exhibits L through O are those amended resource plans, which contain the remaining elements of those plans that have not been replaced and noting where this ordinance supersedes. Exhibit T provides a detailed crosswalk between the original plans and the exhibits adopted by this ordinance, organized by resource site.
- When the East Buttes, Terraces and Wetlands Conservation Plan was adopted, it applied natural resource protections to 12 resource sites. The Environmental Overlay Zone Map Correction Project is retaining the policies but changing the protection decisions on all or portions of 10 sites based on new data. This ordinance amends the East Buttes, Terraces and Wetlands Conservation Plan retaining portions of the plan and repealing and replacing other portions. Exhibit L includes notes where sections have been repealed and replaced. The East Buttes, Terraces and Wetlands Conservation Plan – 2022 is attached as Exhibit L.
- When the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas was adopted, it applied natural resource protections to 4 resource sites. The Environmental Overlay Zone Map Correction Project is retaining the policies but changing the protection decisions on 3 sites based on new data. This ordinance amends the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas retaining portions of the plan and repealing and replacing other portions. Exhibit M includes notes where sections have been repealed and replaced. ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas - 2022 is attached as Exhibit M.
- When the Johnson Creek Basin Protection Plan was adopted, it applied natural resource protections to 30 resource sites. The Environmental Overlay Zone Map Correction Project is retaining the policies but changing the protection decisions on all or portions of 27 sites based on new data. This ordinance amends the Johnson Creek Basin Protection Plan retaining portions of the plan and repealing and replacing other portions. Exhibit N includes notes where sections have been repealed and replaced. The Johnson Creek Basin Protection Plan – 2022 is attached as Exhibit N.
- When the Northwest Hills Natural Areas Protection Plan was adopted, it applied natural resource protections to 24 resource sites. The Environmental Overlay Zone Map Correction Project is retaining the policies but changing the protection decisions on all or portions of 24 sites based on new data. This ordinance amends the Northwest Hills Natural Areas Protection Plan retaining portions of the plan and repealing and replacing other portions. Exhibit O includes notes where sections have been repealed and replaced. Northwest Hills Natural Areas Protection Plan - 2022 is attached as Exhibit O.
- Volume 1, Project Overview, Zoning Amendments, Ezone Remapping. This document details the methodology that was used to remap the ezones, it summarizes the ezone mapping protocols and the changes to the ezones, including maps that depict the remapped ezones, and it contains the following amendments to Title 33.
- The 2012 Natural Resource Inventory document (Ordinance No. 185657, LCDC Order 001850) is being amended to fix errors and omissions. A list of grassland associated species is being added to the Special Habitat Area criteria, and an Appendix 2 table header is being reworded. The updated NRI document is attached as Exhibit P.
- A citywide map of adopted Environmental Overlay Zones is part of the background information that was used to generate the Buildable Lands Inventory and is part of the factual basis of the 2035 Comprehensive Plan (Ordinance No. 187832). An updated version of the map that features updated Environmental Overlay Zones is attached as Exhibit Q.
- A citywide map of streams, rivers, flood areas, wetlands, and steep slopes is part of the background information that was used to generate the Buildable Lands Inventory and is part of the factual basis of the 2035 Comprehensive Plan (Ordinance No. 187832). An updated version of the map that features updated natural resource mapping is attached as Exhibit R.
- A citywide map of vegetation patches is part of the background information that was used to generate the Buildable Lands Inventory and is part of the factual basis of the 2035 Comprehensive Plan (Ordinance No. 187832). An updated version of the map that features updated natural resource mapping is attached as Exhibit S.
- A table that lays out the relationship between the resource sites that are listed in the Environmental Overlay Zone Map Correction Project documents and previously adopted natural resource protection plans is attached as Exhibit T.
- Table 7-2 of the 2035 Comprehensive Plan is a list of adopted natural resource protection plans. An amended version of Table 7-2 that adds a reference to the Environmental Overlay Zone Map Correction Project is attached as Exhibit U.
- Between July 2018 and April 2022, Environmental Overlay Zone Map Correction Project staff conducted more than 750site visits at locations where ezones are being remapped to confirm and correct natural resource mapping, including the locations of streams, wetlands, and steep slopes. Project staff also reviewed and corrected vegetation mapping using GIS computer software by comparing vegetation data to citywide aerial imagery. And the Bureau of Environmental Services Wetland Inventory Project updated citywide wetland mapping using remote identification methodology and by confirming wetland mapping through more than 270 field verifications. This work was used to update the Natural Resource Inventory (NRI), and the changes were reviewed and recommended by the Planning and Sustainability Commission. The NRI is used to determine where ezones should be applied by the Ezone Project.
- The Environmental Overlay Zone Map Correction Project Findings of Fact Report includes additional findings that demonstrate consistency with the Statewide Planning Goals, Metro Urban Growth Management Functional Plan, and the City of Portland 2035 Comprehensive Plan. The Ezone Findings are attached as Exhibit A.
NOW, THEREFORE, the Council directs:
- Adopt the Ezone Project Findings, which are attached as Exhibit A, as further findings of fact.
- Amend Title 33, Planning and Zoning, of the Municipal Code of the City of Portland, as shown in Exhibit B, Volume 1, Part B, Environmental Overlay Zone Map Correction Project.
- Amend the official Zoning Map to apply conservation, protection, and scenic overlays as shown in pages 201 through 335 of Exhibit B Volume 1 of the Environmental Overlay Zone Map Correction Project.
- Amend the 2035 Comprehensive Plan to update Figure 7-2 to include reference to the Environmental Overlay Zone Map Correction Project as shown in Exhibit U.
- Amend the Buildable Land Inventory constraints maps of Environmental Overlay Zones, Streams, Rivers, Wetlands, Steep Slopes, Flood Areas, and Vegetation Patches as shown in Exhibits Q, R, and S.
- Adopt the commentary in Exhibit B Volume 1, Part B, Environmental Overlay Zone Map Correction Project as legislative intent and further findings.
- Adopt the updated natural resource plans contained in Exhibits C-J. The table below identifies the new plans, and the plans they supersede, as further detailed in Exhibit T, which is adopted as further findings and statements of legislative intent.
Exhibit Plan Supersedes C Volume 2 Part A1 – Forest Park and Northwest District, Natural Resources Inventory and Protection Decisions (Resource Sites 1-20) Northwest Hills Natural Areas Protection Plan (Ordinance No. 164517).
Resource sites 86, 87, 89 are now incorporated into Volume 2 Part A2 – Forest Park and Northwest District, Natural Resources Inventory and Protection Decisions (Resource Sites 21-41) with Exhibit D.
Portions of resource site 86, 87, 88, 91, 94 and 105 are addressed in directive j.
D Volume 2 Part A2 – Forest Park and Northwest District, Natural Resources Inventory and Protection Decisions (Resource Sites 21-41) Balch Creek Resource Protection Plan (Ordinance No. 163770).
Resource sites 86, 87, 89 of the Northwest Hills Natural Areas Protection Plan (Ordinance No. 164517).
Portions of resource site 111 of the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas (Multnomah County Ordinance No. 967).
E Volume 2 Part B – Skyline West, Natural Resources Inventory and Protection Decisions Skyline West Conservation Plan (Ordinance No. 168154)
Portion of resource site 111 of the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas (Multnomah County Ordinance No. 967)
F Volume 2 Part C –Tryon Creek and Southwest Hills East, Natural Resources Inventory and Protection Decisions Southwest Hills Resource Protection Plan (Ordinance No. 165002)
Resource site 117 and portions of resource site 111 of the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas (Multnomah County Ordinance No. 967)
G Volume 2 Part D – Fanno Creek, Natural Resources Inventory and Protection Decisions Fanno Creek and Tributaries Conservation Plan (Ordinance No. 167293).
Resource site 124 of the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas (Multnomah County Ordinance No. 967)
H Volume 2 Part E – East Buttes and Terraces, Natural Resources Inventory and Protection Decisions East Buttes, Terraces and Wetlands Conservation Plan (Ordinance No. 166572).
Resource site 16, which is now incorporated into Volume 2 Part F – Johnson Creek, Natural Resources Inventory and Protection Decisions with Exhibit I.
Resource sites 55, 138, and portions of resource sites 140 and 141 are addressed in directive j.
I Volume 2 Part F – Johnson Creek, Natural Resources Inventory and Protection Decisions Johnson Creek Basin Protection Plan (Ordinance No. 164472) – except for resources sites 4, 8, and 14, which are addressed in directive j.
Resource site 16 of the East Buttes, Terraces and Wetlands Conservation Plan (Ordinance No. 166572).
Resource site 28 of the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas (Multnomah County Ordinance No. 967)
J Volume 2 Part G – Boring Lava Domes, Natural Resources Inventory and Protection Decisions Boring Lava Domes Supplement to the Johnson Creek Basin Protection Plan (Ordinance No. 171740) - Amend the Natural Resource Inventory data as shown on pages 39 through 44 of Exhibit K Volume 3 of the Environmental Overlay Zone Map Correction Project to incorporate changes to natural resource mapping that have been made as a result of site visits and remote mapping conducted by Ezone Project staff and the Bureau of Environmental Services Wetland Inventory Project.
- Amend the Natural Resource Inventory document to update Special Habitat Area criteria and table headers as shown in Exhibit P.
- Re-adopt the following amended natural resource plans as shown in Exhibits L though O, retaining elements that have not been amended by this ordinance, removing elements that have been replaced, and adding explanatory notes.
Exhibit Plan Replaces L East Buttes, Terraces, and Wetlands Conservation Plan – 2022 Resource sites 55, 138, and portions of resource sites 140 and 141 of the East Buttes, Terraces and Wetlands Conservation Plan (Ordinance No. 166572). M ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas – 2022 Resource site 105-A of the ESEE Analysis and Recommendation for Natural, Scenic and Open Space Resources within Multnomah County Unincorporated Areas (Multnomah County Ordinance No. 967). N Johnson Creek Basin Protection Plan – 2022 Resources site 4, 8 and 14 of the Johnson Creek Basin Protection Plan (Ordinance No. 164472). O Northwest Hills Natural Area Protection Plan – 2022 Portions of resource site 86, 87, 88, 91, 94 and 105 of the Northwest Hills Natural Areas Protection Plan (Ordinance No. 164517).
Section 2. Effect
The directives of this ordinance will take effect on October 1, 2022.
Official Record (Efiles)
An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)
Passed as amended by Council
Auditor of the City of Portland
Mary Hull Caballero