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The City of Portland ordains:

Section 1. The Council finds:

1. This project is part of the Regulatory Improvement Workplan, an ongoing program to improve City zoning and land use regulations and procedures. Each package of amendments is referred to as RICAP (Regulatory Improvement Code Amendment Package), followed by a number. This package is labeled RICAP 10 and is the first package since 2017, after which the program went on hiatus due to budget constraints.
2. In 2022, there was a renewed focus on providing opportunities for continuous improvement of the City’s zoning regulations through discussions of the Permitting Improvement Task Force. The goals of the Task Force spanned bureaus, regulations, and processes, and this work resulted in identifying the value of the RICAP program. The City Council approved the budget to reinstate the program starting in fiscal year 2022-2023. Resolution No. 37593 further directed the Bureau of Planning and Sustainability to address zoning issues related to affordable housing with this regulatory improvement package.
3. In 2023, staff from the Bureau of Planning and Sustainability (BPS) and the Bureau of Development Services (BDS) worked together to select potential amendments from a database that contains regulatory improvement requests. To develop the RICAP 10 workplan, staff selected eligible technical and minor policy workplan items with a focus on the themes of increasing housing production, improving economic development opportunities, and regulatory reduction.
4. On November 9, 2023, the RICAP 10 Discussion Draft was released, and public comments were accepted through December 31, 2023. Staff received five written public comments submitted through the Map App.
5. On January 22, 2024, mailed notice of the RICAP 10 Proposed Draft was provided to a list of parties who request official notice of land use changes.
6. On January 31, 2024, the RICAP 10 Proposed Draft was released, which incorporated feedback on the Discussion Draft.
7. On February 27, 2024, the Planning Commission heard a briefing and held a public hearing on the RICAP 10 Proposed Draft. One person testified virtually and nine people submitted written testimony through the Map App.
8. On March 12, 2024, the Planning Commission held a work session to discuss the proposal and provide suggestions for potential amendments.
9. On March 26, 2024, the Planning Commission voted on a set of two amendments to the Proposed Draft and voted to forward a recommendation to City Council on the amended package.
10. On May 15, 2024, the RICAP 10 Recommended Draft was released for public review. The package of minor policy changes and technical updates includes 83 zoning code amendments, one Comprehensive Plan amendment, and an update to remove special street setbacks along six streets as shown in the Recommended Draft Staff Report.
11. On May 13, 2024, notice of the May 30, 2024, City Council hearing on the RICAP 10 Recommended Draft was mailed to those who presented oral and written testimony at the Planning Commission public hearing.
12. On May 30, 2024, the City Council held a hearing on the RICAP 10 project and invited public testimony.
13. 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, as additional findings.
2. Adopt Exhibit B, Regulatory Improvement Code Amendment Package 10 (RICAP 10) Recommended Draft, dated May 2024.
3. Amend Title 33, Planning and Zoning, of the Municipal Code of the City of Portland, as shown in Section II of Exhibit B, Regulatory Improvement Code Amendment package 10 (RICAP 10) Recommended Draft, dated May 2024.
4. Amend the official Zoning Map as shown in Exhibit B, Regulatory Improvement Code Amendment package 10 (RICAP 10) Recommended Draft, dated May 2024.
5. Amend Chapter 2 of the Comprehensive Plan as shown in Section III of Exhibit B, Regulatory Improvement Code Amendment package 10 (RICAP 10) Recommended Draft, dated May 2024.
6. Repeal Ordinance Nos. 110507, 148449, 148846, 151740, and 152147 that created the special street setbacks along NE/SE 82nd Ave., Se Powell Blvd., S Macadam Ave., N/NE Killingsworth St., and SW Capitol Hwy.
7. Repeal Section 4 of Ordinance No. 95283 that created the special street setbacks along SW Barbur Blvd.

Section 2. This ordinance shall be in full force and effect on October 1, 2024.

Section 3. 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.