Agenda Packet 4-9-11 Work Session

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(A) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or more. (B) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas. (c) In addition to an approval process for affordable housing based on clear and objective standards, conditions and procedures as provided in paragraph (a) of this subsection, a city or county may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria regulating, in whole or in part, ap- pearance or aesthetics that are not clear and objective if: (A) The developer retains the option of proceeding under the approval process that meets the requirements of paragraph (a) of this subsection; (B) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and (C) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in para- graph (a) of this subsection. (10) If a regulation, provision or requirement adopted or imposed by a city or county under subsection (4) of this section requires that a percentage of housing units in a new multifamily structure be designated as affordable housing, any incentives offered under subsection (5)(d) or (6) of this section shall be related in a manner determined by the city or county to the required percentage of affordable housing units. ORS 320.170 is amended to read: SECTION 2. 320.170. (1) \[\] A school district, as defined in ORS 330.005, Construction taxes may be imposed by in accordance with ORS 320.170 to 320.189. may impose a construction tax only (2) Construction taxes imposed by a school district must be collected, subject to ORS 320.179, by a local government, local service district, special government body, state agency or state official that issues a permit for structural improvements regulated by the state building code. SECTION 3.Section 1, chapter 829, Oregon Laws 2007, is added to and made a part of ORS 320.170 to 320.189. Section 1, chapter 829, Oregon Laws 2007, is amended to read: SECTION 4. (1) A local government or local service district, as defined in ORS 174.116, or a special Sec. 1. government body, as defined in ORS 174.117, may not impose a tax on the privilege of constructing improvements to real property except as provided in \[\] sections 2 to 8 of this 2007 Act ORS 320.170 . to 320.189 (2) Subsection (1) of this section does not apply to: (a) A tax that is in effect as of May 1, 2007, or to the extension or continuation of such a tax, provided that the rate of tax does not increase from the rate in effect as of May 1, 2007; (b) A tax on which a public hearing was held before May 1, 2007; or (c) The amendment or increase of a tax adopted by a county for transportation purposes prior to May 1, 2007, provided that the proceeds of such a tax continue to be used for those purposes. (3) For purposes of \[\], this section and sections 2 to 8 of this 2007 Act ORS 320.170 to 320.189 construction taxes are limited to privilege taxes imposed under \[\] sections 2 to 8 of this 2007 Act ORS and do not include any other financial obligations such as building permit fees, 320.170 to 320.189 financial obligations that qualify as system development charges under ORS 223.297 to 223.314 or financial obligations imposed on the basis of factors such as income. ORS 320.176 is amended to read: SECTION 5. 320.176. (1) Construction taxes imposed \[\] under ORS 320.170 to 320.189 by a school district may be imposed only on improvements to real property that result in a pursuant to ORS 320.170 new structure or additional square footage in an existing structure and may not exceed: (a) $1 per square foot on structures or portions of structures intended for residential use, in- cluding but not limited to single-unit or multiple-unit housing; and Enrolled Senate Bill 1533 (SB 1533-B)Page 3