TO: Mayor and City Council
THROUGH: Krishna Namburi, Interim City Manager
FROM: Kristin Retherford, Community Planning and Development Director
SUBJECT:
title
Changes to the City Council review of land use decisions are being implemented due to recent changes in State law.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Welcoming and Livable Community
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SUMMARY:
summary
Senate Bill 1537, effective January 1, 2025, prescribes the procedures a City must use when reviewing a limited land use decision. The Council review process outlined in SRC 300.1050 does not comply with the revised State law. Therefore, City Council can no longer review limited land use decisions through the Council review process known as Council Call ups.
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ISSUE:
Information Only.
RECOMMENDATION:
recommendation
Information Only.
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FACTS AND FINDINGS:
Council Review
The Council review process (“Council call-ups”), as outlined in Salem Revised Code (SRC) 300.1050, requires that certain land use decisions be placed on the Council agenda so that the City Council has an opportunity to request a review of the land use application. The Council review functions as an appeal without an appellant; the City Council decision replaces that of the lower review authority. Examples of the types of land use decisions that are available for Council review include limited land use decisions such as Subdivisions, Partitions and Tree Variances. Additionally, quasi-judicial land use applications such as Zone Changes, Conditional Uses, and Class 3 Willamette Greenway permits are eligible for Council review.
Senate Bill 1537
Senate Bill 1537 <https://olis.oregonlegislature.gov/liz/2024r1/Downloads/MeasureDocument/SB1537/Enrolled> was adopted in the 2024 regular legislative session. The bill was introduced at the request of Governor Kotek and is intended to increase housing production, affordability, and choice through several key provisions, including new land use standards, funding sources, an allowance for a one-time Urban Growth Boundary (UGB) swap, and the creation of the Housing Accountability and Production Office (HAPO).
Additionally, the bill made a change to Oregon Revised Statue (ORS) 197.195 which details the procedures for processing a limited land use decision. A land use application is classified as a limited land use application, or a Type II application, when the standards and criteria require limited discretion or legal judgment in their application. Public notice and an opportunity to comment is provided but a public hearing is not required unless the decision is appealed. Decisions for Type II applications are administrative, with most decisions being issued by the Planning Administrator. The following Type II limited land use decisions are currently eligible for Council review:
• Conditional Use Permit Modification,
• Fairview Refinement Plan (minor),
• Middle Housing Tentative Plan,
• Nonconforming Use Expansion or Substitution,
• Partition Tentative Plan,
• Planned Unit Development Tentative Plan Modification,
• Replat Tentative Plan,
• Class III Site Plan Review (only if appealed),
• South Waterfront Zone Development Phasing Plan,
• Subdivision Tentative Plan, various,
• Manufactured Dwelling Park Subdivision
• Tree Variance,
• Urban Growth Management Preliminary Declaration,
• Willamette Greenway Class I Development Permit,
• Wireless Communication Facility Class 2 Siting Permit, and
• Wireless Communication Facility Adjustment.
The bill added the following language (emphasis added):
(6) A city shall apply the procedures in this section, and only the procedures in this section, to a limited land use decision, even if the city has not incorporated limited land use decisions into land use regulations, as required by ORS 197.646 (3), except that a limited land use decision that is made under land use standards that do not require interpretation or the exercise of policy or legal judgment may be made by city staff using a ministerial process.
Based on the language in the bill, the City is no longer permitted to have a Council review process for limited land use decisions (Type II Applications listed above), as that process is not included in State law. The SRC will be updated to reflect SB 1537 with the upcoming housing code amendment in 2026. Limited land use decisions will therefore no longer appear on Council agendas, starting at the next Council meeting, as Council review of those decisions is no longer allowed.
There are no changes to the notice requirements or the appeal process for Type II applications. Additionally, the City Council review process for quasi-judicial Type III applications is not changing.
BACKGROUND:
In January of 2024, the Council Rules Committee recommended changes to the Council review process for certain land use applications. On April 22, 2024, the City Council voted to direct staff to amend the code to remove Council call-ups for land use applications that include the development of new housing. The Council also directed staff to conduct outreach on the proposal. The changes required by SB 1537 generally exceed what the City Council directed staff to change. Additional changes, as directed by the City Council, will be included in the upcoming housing code amendment which will be completed in 2026.
Lisa Anderson-Ogilvie, AICP
Deputy Community Development Director/Planning Administrator
Attachments:
1. None.