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ATTACHMENT B CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEP ARTME:NT To: Susan Muir Kurt Yeiter Date: May 30, 2006 Subject: Planning for Growth Outside of 'Regional Problem Solving' Statutes Until recently, the Region 2050 project was expected to proceed pursuant to a Regional Problem Solving (RPS) program. RPS programs are a part of a statutory scheme set out under ORS ,197.652-197.658. A major benefit of proceeding under a RPS program. is the flexibility it allows. It enables a region to address a regional issue (such as planning for growth) in such a way that, onthe whole, is consistent with the Statewide Planning Goals, but that may cause some of the participating jurisdictions, if viewed independently, to be out of compliance with the Statewide Planning Goals. The RPS statutes specifically allow for state acknowledgment of a local comprehensive plan amendment that is developed pursuant to the RPS statutes, even if the .amendment, taken alone, does not comply with a Statewide Planning Goal or an administrative role that implements the Goal. ORS 197.656(2). With respect to accommodating growth pursuant to Statewide Planning Goal to (Housing) for example, under a RPS program, a shortcoming in one of the participating jurisdiction's residential land supply could potentially be 'made up for' by the surplus residential land supply of another participating jurisdiction: Similarly; under a RPS program, it may be possible to expand a participating jurisdiction's UGB in a location that would otherwise be prohibited by Goal 14 (Urbanization) if the location of the proposed UGB expansion is the most sensible location ITom a regional perspective. One of the key planning issues to be addressed in the Region 2050 project is the region's plan for accommodating its increasing population. Now that the Region 2050 project is no longer able to proceed pursuant to the RPS statutes, the flexibility specifically allowed by RPS is lost and each participating jurisdiction. will need to independently comply with the Statewide Planning Goals and their implementing administrative rules. You have asked for a summary of the statutes and rules that concern the City's obligation to plan for growth and in what circumstances those statutes and roles include options or flexibility. Le2aI Framework for Accommodatin2 Growth State statutes require a city with a population of 25,000 or more to periodically demonstrate that its comprehensive plan provides sufficient buildable lands within its UGB to accommodate estimated housing needs for 20 years. ORS 197.296(2).1 Statutes and administrative rules provide liinited detail as to how jurisdictions are to determine their housing 1 The demonstration is required at periodic review and at any other legislative review of the Metro Plan that concerns the UGB. ORS 197.296(2).