ENB-2.07 - Memorandum of Understanding Between the Bureau of Planning and Portland Permitting & Development

PREAMBLE

BACKGROUND

Purpose of this Memorandum of Understanding (this “MOU”)

General Roles

• Developing, with the public and City Council, the City’s long-term vision for future land use, economic and physical development throughout the City as authorized or permitted by ORS 227;
• Developing plans, policies, strategies, studies, and partnerships that develop, promote, and advance and help implement the City’s long-term vision;
• Maintaining, monitoring and improving the City’s Comprehensive Plan, Zoning Code provisions, Plan Districts, and Design Guidelines as tools to guide future development;
• Coordinating planning and development activities among City bureaus;
• Leading citywide initiatives such as River Renaissance;
• Serving as primary liaison to regional and state governments for planning;
• Administering City tax abatement programs; and
• Staffing the Planning Commission.

• Administering the Zoning Code in its application to property and to land use reviews;
• Responding to requests for information about Zoning and code application issues;
• Providing recommendations on Land Use Reviews and, where appropriate, making administrative decisions on Land Use Reviews;
• Staffing the Design Commission, Historic Landmarks Commission, and Adjustment Committee; and
• Providing information to the public through outreach, trainings, the PP&D website, and brochures to assist the public in understanding regulations and procedures.

AGREEMENT:

• LongRange Planning, Legislative, and Code Development Projects
• Impact Assessment
• Interbureau Management-Level Meetings
• Participation at Design Commission, Historic Landmarks Commission, Adjustment Committee, Planning Commission, and City Council
• Monitoring and Evaluation
• Early Assistance, Land Use Reviews, and Permit Reviews
• Map Error Correction and Map Modification/Refinement Process
• Communication
• GIS, TRACS, and Shared Resources
• Conflict Resolution
• Staff Development
• Interactions with the Public
• Updates and Amendments to this Agreement
• Coordination with Other Agencies and Stakeholders

XII.   Interactions with the Public

Attachment A:    Process for Long-Range Planning, Legislative, and Code Development Projects

1. Provide early information to the other bureau on planned code development or legislative planning projects.  PP&D will send a request for Planning assistance to Planning and correspondingly, Planning will send a request for PP&D assistance via the Bureau Coordination Group (BCG).  Assistance refers to things such as a request for input, project liaison, code review team participation, technical advisory group (TAG) members, and data retrieval.
2. Create and maintain a "tracking sheet" that identifies new, current, and ongoing legislative planning projects, their status, Planning staff contact, any PP&D liaison assignment, and other similar information. Planning will maintain this "tracking sheet" and update it regularly.
3. Ensure clear communication and close coordination with each other using methods such as, (but not limited to):
   1. Clarifying staff roles in each others’ projects;
   2. Ensuring that assigned staff understand and follow the expectations of his/her bureau concerning internal coordination protocols;
   3. Sending all drafts for PP&D review through the BCG for proper distribution and providing an adequate number of copies for such review;
   4. Providing adequate time for review of each others’ projects at each stage of development (in-house, discussion, proposed and recommended drafts, etc.) with the goal of having at least a 14-day comment period;
   5. Including impact assessment considerations in all stages of project development, including requesting input from PP&D on impact assessment issues;
   6. Providing PLANNING with a single set of comments from PP&D regardless of the number of internal PP&D reviewers;
   7. Coordinating closely with PP&D staff about pending building permits or LURs in the area of study. This coordination will take place at the beginning of a legislative project, and before the final decision. In the interim, coordination about building permits and LURs will continue as appropriate.
   8. Including, in addition to the provisions above, the other bureau in all formal comment periods.
4. Empower the Bureau Coordination Group (BCG) and Regulatory Improvement Code Amendment Package Group (RICAP Group) to be the main coordinating bodies between the bureaus. These groups will assure regular and ongoing communications and provide a forum for consensus-building and timely decision-making.
   1. The RICAP Group will focus on the Regulatory Improvement Code Amendment Packages (RICAPs) and staffing the Regulatory Improvement Stakeholders Advisory Team (RISAT).
   2. The BCG will focus on larger policy issues and general coordination topics.
5. Strive for consensus on Zoning Code legislative code change proposals, including RICAPs. Where consensus is not achieved and PP&D has implementation issues, PP&D will provide PLANNING with a written analysis of its concerns, identifying specific code conflicts, workload impacts, implementation problems, cost issues, etc. PLANNING will provide responses to PP&D suggestions in writing, providing reasons for either accepting or rejecting recommended changes. Where PP&D remains concerned about code proposals, its report of concerns will be presented to PLANNING staff no less than 10 days before the Planning Commission hearing and will be included in the materials provided to the Planning Commission. Where PP&D has concerns about the Planning Commission’s recommendations, its report of concerns will be presented to PLANNING staff no less than 10 days before the City Council hearing. PLANNING and PP&D will coordinate to ensure these materials are provided to the City Council. PLANNING will provide timely updates to PP&D about changes to proposals that occur after document printings and through the Planning Commission and City Council hearings process. Unless the time frame established by the Planning Commission or City Council is too short, PLANNING will give PP&D staff no less than 14 days to respond to new proposed code concepts, language or Zoning Map changes. During this period, impact assessment issues will also need to be reconsidered by both PP&D and PLANNING.
6. Strive for consensus on non-Zoning Code legislative code change proposals. Where consensus is not achieved and PLANNING has policy issues, PLANNING will provide PP&D with a written analysis of its concerns, identifying potential impacts of proposals on the Comprehensive Plan and City goals, policies, and objectives and any potential implications or conflicts with the Zoning Code. PLANNING may also provide feedback on community expectations and concerns. PP&D will provide responses to PLANNING suggestions in writing, providing reasons for either accepting or rejecting recommended changes. Where PLANNING remains concerned about proposals, its report of concerns will be presented to PP&D staff no less than 10 days before any hearing on the proposal and will be included in materials provided by PP&D to the City Council or other decision-maker. PP&D will provide timely updates to PLANNING about changes to proposals that occur after document printings and through the City Council hearings or other decision-making process. Unless the time frame established by the City Council is too short, PP&D will give PLANNING staff no less than 14 days to respond to new policy concepts, code language or Zoning Map changes. During this period, impact assessment issues will also need to be reconsidered by both PP&D and PLANNING.
7. Continue to collaborate on the Regulatory Improvement Workplan (RIW). The specific responsibilities in the RIW that are assigned to each bureau are defined in Resolution No. 36162, which was passed by City Council on August 13, 2003. To implement the directives in this Resolution, PP&D and PLANNING will:
   1. Continue to utilize the RICAP projects because they have a proven track record as a vehicle for making both technical and clarifying amendments that improve the daily implementation of the Zoning Code. It is crucial to PP&D that this aspect of the RIW continue. PLANNING agrees to strive to implement a RICAP project every six to nine months.
   2. Annually negotiate an Interagency Agreement that specifies funding from PP&D to PLANNING for the staff resources to assure that recommended code amendments that are of a technical and clarifying nature are included in the proposed RICAP projects, and are given adequate priority.
8. When amendments to Zoning Code chapters are proposed as part of a legislative planning project, relevant technical and clarifying amendments that are recommended by the BCG will be incorporated into the legislative proposal.
9. Because frequent and numerous changes to the Zoning Code require a significant investment of resources, create risk that incorrect information will be provided to the public, and make the development process more unpredictable, PP&D and PLANNING will strive to set "effective" dates for code amendments to four dates each year regardless of when the amendments are adopted (the first day of February, May, August and November). These dates should be used unless there is some unusual situation and Council chooses a different effective date.
10. When a legislative or code development project results in extraordinary demands on a participating bureau, the lead bureau will develop budget requests to cover the extra time involved in a particular project and will develop an Interagency Agreement to fund the requested staff time in the other bureau.
11. PP&D staff will assist PLANNING in informing the public about legislative projects and may provide information to customers about legislative proposals that may impact them. PP&D may provide the customer with PLANNING contact information.
12. During the ongoing consideration of legislative projects, PP&D staff will refer questions about implementation to the BCG for coordination with PLANNING. Questions that are raised, or differing staff interpretations of language under consideration, should be discussed with PLANNING via the BCG before responses are relayed to the public to avoid possible conflicts and potential future implementation problems.
13. PP&D and PLANNING will coordinate on the adoption of Code changes that create a new land use review process so that the ordinance adopting the Code language is considered concurrently with the ordinance adopting the fee for the new land use review.
14. At least one week before the effective date of adopted Code changes, PLANNING project staff will train PP&D staff on new regulations and provide any accompanying documents to assist in implementation. PLANNING will assist PP&D with developing any materials needed in order to implement new plans and regulations. For changes that include new land use reviews or review procedures, to assure that PP&D has adequate time to create new application forms, reprogram TRACS, create brochures, make changes to the website and other needed tasks, the training will occur at least one month before the effective date. PLANNING will provide code replacement pages to PP&D at least one week before the effective date of the new Zoning Code changes. An exception to these timelines is made for any changes that are adopted by City Council through an emergency ordinance where the effective date is less than 30 days after adoption.

Attachment B:  Process for Impact Assessment

1. For PLANNING legislative projects:
   1. At the preliminary stages before any draft proposals are provided to the public, PLANNING will seek information from PP&D on the concepts being considered, and the estimated costs, impacts and concerns related to each alternative being considered, and
   2.  As the project progresses, PLANNING will continue to seek information from PP&D on the estimated costs, impacts and concerns related to PP&D' implementation, inspection, and enforcement of any new regulations, including input on code clarity and complexity.
2. PP&D will coordinate with PLANNING on the presentation of regulatory proposals to the Development Review Advisory Committee [DRAC].  PP&D may incorporate the DRAC’s feedback in their response to PLANNING on impacts.
3. For PP&D legislative projects:
   1. PP&D will seek information from PLANNING on potential impacts of proposals on the Comprehensive Plan, City goals, policies, and objectives, and the Zoning Code.
   2. PLANNING staff will coordinate presentation of PP&D regulatory proposals to the Planning Commission, as appropriate, and will incorporate the Planning Commission’s feedback in their response to PP&D on impacts.

Attachment C:  Early Assistance, Land Use Reviews, and Permit Reviews

Attachment E:  Sharing Resources

1. PLANNING will continue to provide support (development, modification, and training) of GARTH desktop GIS application, including:
   1. Updating of GARTH data, publishing quarter section Zoning Maps (for both bureaus depending on legislative or quasi-judicial changes);
   2. Assist in developing specifications and testing for new ArcMap applications notices, site maps, and LUR history (as developed by CGIS); and
   3. Providing ad hoc mapping and analysis services to PP&D as needed and negotiated.
      
      PLANNING will continue to provide space on the Planning server to keep PDFs of all historic resource information. PP&D will continue to provide staff resources to keep this information up to date.
2. PP&D will continue to share the use of the color printer in return for the occasional use of the plotter for large map requests.
3. The PP&D GIS representative will:
   1. Continue to capture land use history data to use for updating GARTH;
   2. Continue to provide line work for zone changes, comp plan changes, and zone error corrections resulting from land use reviews;
   3. Continue to take requests to produce custom mapping and analysis at the level of ability required. This relieves PLANNING from taking time for the more basic requests; and
   4. Train PP&D staff to use the new ArcMap application for mapping, history collection, and mailing lists.
4. PP&D will continue to provide ad hoc TRACS reports as needed and negotiated.
5. PLANNING and PP&D will continue to share resources needed to maintain the shared fourth floor copy room and kitchen.

Attachment F:  Agreed Methods of Conflict Resolution

1. Resolving Delays in Development Review.
   On March 17, 2004, the City Council passed Ordinance No. 178254, that adopted a process by which development review delays can be resolved, especially when they involve multiple City development review bureaus. PP&D and PLANNING will participate in the process resolution as outlined in the Ordinance. The PP&D Director will initiate and direct the process resolution as outlined in the Ordinance.
2. Other Issues.
   Disagreements regarding the development of new Zoning Code language, Comprehensive Plan policies, objectives and goals, Zoning Map changes, or other long range planning documents will be addressed as follows:
   A bureau, after attempting to resolve concerns at the staff level, including the BCG, may request that the Planning Director resolve the disagreement or dispute:
   1. The Planning Director will schedule a meeting with the directors of the affected bureaus to resolve the conflict, including the City Attorney’s office as appropriate. This may be done through the Planning and Development Directors Group or a delegated subgroup.
   2. In resolving policy disputes, the Planning Director may accept the bureaus’ proposed resolution or may issue a different determination, working together with the other bureaus to try to achieve consensus.
   3. The Planning Director will ensure that the other bureaus have the opportunity to present areas of disagreement to the Planning Commission and the City Council.

Attachment G:  Staff Development

1. 1.  Hiring process. PLANNING and PP&D will coordinate all recruitments for Planner positions and will discuss any openings with each other before posting. Each bureau will be able to review and comment on job descriptions created by the other bureau and will work to include any input in final versions. Each bureau must offer the opportunity for the other bureau to participate in reviewing applications and interviewing candidates for open positions and promotional opportunities. PLANNING and PP&D management will encourage staff to apply for opportunities in each others’ bureaus.
2.  Transition periods. For staff moving from one bureau to the other, transition periods will be negotiated to allow for the smoothest transfer of responsibilities and completion of work products.
3. Cross-Training and Job Shadowing. PP&D and PLANNING will strive to provide cross-training opportunities for employees. Each bureau will designate a cross-training coordinator. The coordinators together to develop, implement, and monitor a variety of cross-training opportunities. In general the cross-training will last 3-4 months at four hours per week and hours worked will be charged to the trainee’s bureau unless alternatives are approved by both bureaus. Periodically, management from each bureau will check in with the cross-training coordinators and participants (trainers and trainees) to get input on how the program can be improved.
4. Additional Staff Development Opportunities. Management from PLANNING and PP&D will work together to develop additional cross-training options for staff in both bureaus including methods that could accommodate larger groups of trainees.

Attachment H: Agreed Coordination Practices for Interactions with the Public

1. The goal is to have close cooperation and coordination between PLANNING’s District Liaisons and PP&D's Land Use Coordination Manager, Rebecca Esau. As such, while District Liaisons will be sending potential developments to PP&D's Early Assistance program via the Land Use Coordination Manager, at the initial stages of the project, they will remain involved and informed as the project progresses.
2. The different roles of PLANNING and PP&D are often confused by the public. To help clarify the different roles, PLANNING and PP&D will work together to create a one-page handout or brochure explaining the differences between liaison and early assistance roles. This handout or brochure will be available in the DevelopmentServicesCenter and will be used by PLANNING or PP&D staff in their daily interaction with the public as warranted.
3. One of the main responsibilities of District Liaisons is to foster communication and understanding between the public and various parts of City and regional government. Because of this, their actions could be misinterpreted as advocating for a specific point of view. While it is not their role to be advocates in these situations, in order to facilitate communication, they may need to act as “interpreters” for various parties. In these situations they should repeatedly clarify their role to avoid misunderstandings.
4. It is important that the District Liaisons and PP&D planners coordinate early, and avoid giving conflicting information to the public. For example, if a PLANNING staff member is asked by a member of the public to provide general information about the legislative intent of past legislative projects, the District Liaison should find out if the question is related to a specific development project. If it is, the District Liaison will discuss the project with the appropriate PP&D staff before getting back to the citizen.
5. It is important that PLANNING's District Liaisons not have conversations with developers about specific development projects or properties without including appropriate PP&D staff.
6. When PLANNING staff are working on a project that may result in changes to the Zoning Map, they should be aware of any recently approved or pending LURs or development permits. To do this efficiently, PP&D will give appropriate PLANNING staff access rights to TRACs and training on how to get information and reports from TRACs. Until this access and training can be accomplished, PLANNING staff will send requests for TRACs information to Char Sharkey in PP&D.