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The City of Portland ordains:

Section 1. The Council finds:

1. On January 10, 2023, Governor Kotek signed Executive Order 23-04 acknowledging a statewide housing shortage and affordable housing crisis, establishing an annual housing target statewide of 36,000 units, and establishing a Housing Production Advisory Council to develop an action plan to meet this goal.
2. On December 13, 2023, City Council adopted the Bureau of Planning and Sustainability’s Housing Needs Analysis and Buildable Land Inventory to address future housing needs. This analysis indicates that Portland should strive to produce 55,000 units by 2032 to address historic underproduction of units.
3. On February 16, 2023, the Bureau of Development Services, on behalf of Commissioner Rubio, released a Housing Production Survey online through the Bureaus website. The survey was open until March 3, 2023.  
4. Participation in the survey was promoted via email to those who have applied for housing construction permits, nonprofit organizations and business associations involved in housing, subscribers to the Bureau of Development Services Plans Examiner newsletter, and employees involved in permitting functions.
5. The initial request for participation was sent to approximately 3,100 email addresses. 611 responses were received.
6. Participants were provided with a list of over 20 current requirements, many involving regulations and asked to rank the top five issues they believe should be modified to encourage new housing development.
7. The results of this survey were analyzed and formed the initial basis for the workplan for the Housing Regulatory Relief Project. Further regulatory and process items were included based on discussions with the Bureaus of Development Services and Housing.
8. On September 18, 2023, notice of the Housing Regulatory Relief Project Proposed Draft and Planning Commission hearing was sent out to the Bureau of Planning and Sustainability’s (BPS) legislative mailing list.
9. On September 20, 2023 the Housing Regulatory Relief Project Proposed Draft was released.
10. On September 26, 2023, BPS staff provided a briefing on the project in front of the Portland Planning Commission.
11. On October 24, 2023, the Planning Commission held a public hearing on the Housing Regulatory Relief Project Proposed Draft. 31 people testified in person and over 200 people submitted written testimony through the Map App.
12. On November 7,2023, the Planning Commission held a work session to discuss the proposal and provide suggestions for potential amendments.
13. On November 14, 2023, the Planning Commission held a work session on the project. They voted on a set of 3 amendments and voted to forward a recommendation on the amended package.
14. On December 20, 2023, the Housing Regulatory Relief Project Recommended Draft was released for public review.
15. On December 20, 2023, notice of the January 10, 2024 City Council hearing on the Housing Regulatory Relief Project Recommended Draft was mailed to those who presented oral and written testimony at the Planning Commission public hearing.
16. On January 10, 2024, the City Council held a hearing on the Housing Regulatory Relief Project and invited public testimony.
17. The Findings of Fact Report, attached as Exhibit A, includes additional findings demonstrating consistency with the Statewide Planning Goals, Metro Urban Growth Management Functional Plan, and the City of Portland 2035 Comprehensive Plan.

NOW, THEREFORE, the Council directs:

1. Adopt Exhibit A, Findings of Fact Report Amended, as additional findings.
2. Adopt the commentary in Exhibit B, Housing Regulatory Relief Project Recommended Draft as Amended, dated January 2024, as legislative intent and further findings.
3. Amend Title 33, Planning and Zoning, of the Municipal Code of the City of Portland, as shown in Exhibit B, Housing Regulatory Relief Project Recommended Draft, dated December 2023.
4. Notwithstanding 33.700.080.A.2, nor 33.700.090.A, development with a residential use that has been or will be approved by a land use review that was deemed complete prior to March 1, 2024 and has not expired, and building or development permits with a residential use submitted prior to March 1, 2024 that have not expired and have not received final inspection, may be subject to the following zoning code provisions as shown in Exhibit B:
   1. 33.258.070.D.2.;
   2. 33.266.200.B, Table 266-6, 33.266.210.D., and 33.266.310.C.1.;
   3. 33.415.200;
   4. 33.510.225.C.1., and 33.510.255.I.;
   5. 33.562.270.C.;
   6. 33.595.130.B.
5. Within the city, notwithstanding 33.730.130, final decisions for land use reviews that became effective between March 8, 2017 and March 1, 2020 expire on March 1, 2025, if a City permit has not been issued for approved development or the approved activity has not commenced.

Section 2. If any section, subsection, sentence, clause, phrase, diagram, or drawing contained in this ordinance, or the map, report, inventory, analysis, or document it adopts or amends, is held to be deficient, invalid, or unconstitutional, that shall not affect the validity of the remaining portions. The Council declares that it would have adopted the map, report, inventory, analysis, or document each section, subsection, sentence, clause, phrase, diagram, and drawing thereof, regardless of if any one or more sections, subsections, sentences, clauses, phrases, diagrams, or drawings contained in this Ordinance, may be found to be deficient, invalid, or unconstitutional.