Authority
Under Title 3, Section 3.30.010.B and C and 3.30.040.A, the Director of the (BDS) has the authority to adopt written policies and procedures for the enforcement of Title 24 and 33, as delegated by the Planning Director.
The City's Subdivision Regulations are found in the 600's series of chapters in Title 33. Rights-of-way are created through the land use review process of Title 33. The width of the right-of-way and whether a right- of-way is public or private is also determined through the land use review process. Under Section 33.654.120, the Bureau of Development Services is given the authority to review the configuration of elements within private rights-of-way.
Under Chapters 33.710, 33.720 and 33.730, the Director of BDS has the authority to make land use recommendations and decisions, subject to certain procedural requirements.
These rules apply to the creation and construction of private rights-of-ways. The rules provide:
- Planning guidelines to achieve consistent BDS implementation of private right-of-way standards and criteria found in Title 33, within the framework of the land use procedures described in Title 33; and
- Technical standards for the construction of streets, alleys, common greens, shared courts, and pedestrian connections located in private right-of-way tracts.
Citations
Authorizing sections of City Titles 3, 24, and 33 are reprinted in Appendix D of this Rule.
Findings for Amendments and Adoption
- Portland City Code Section 3.30.045 delegates the authority to adopt and administer rules appropriate to perform the duties of the Bureau of Development Services (BDS) set forth in Section 3.30.010 and prescribes procedures for administrative rule making.
- The Bureau of Development Services (BDS) adopted a permanent rule applicable to the creation and construction of private rights-of-ways in 2010. BDS worked with staff from affected city bureaus to identify amendments to the existing rule. BDS notified the Development Review Advisory Committee (DRAC) of the proposed amendments at the January 20, 2022 meeting and published the proposed amendments on the BDS website December 17, 2021.
- In accordance with Section 3.30.045, BDS published notice of public hearing in The Oregonian (December 22, 24, and 26,2021) and in The Daily Journal of Commerce (December 22, 24, and27, 2021). BDS also posted notice of the hearing and made draft amendments to the administrative rule available on the BDS website. BDS notified Civic Life on December 17, 2021.No request for public hearing was made. Therefore, the public hearing was cancelled. One comment was submitted by the deadline. The comment included a request to include a “Best Practices” standard for existing improvements and allow programmatic permit approvals for private right of way operators. The rule was not amended to include that request as the existing BDS permit process can accommodate review of maintenance, repair, and replacement or other changes to existing private streets.
- The effective date is at least 30 days after the last date of required notices.