Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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1If a land use regulation would significantly affect a transportation facility, OAR 660-012- 20060(1) requires that a local government “put in place measures * * * to assure that allowed 3land uses are consistent with the identified function, capacity, and performance standards 4(e.g. level of service, volume to capacity ratio, etc.) of the [significantly affected] facility.” 5Under OAR 660-012-0060(2) those required measures may include: 6“(a) Adopting measures that demonstrate allowed land uses are consistent 7with the planned function, capacity, and performance standards of the 8transportation facility. 9“(b) Amending the TSP or comprehensive plan to provide transportation 10facilities, improvements or services adequate to support the proposed 11land uses consistent with the requirements of this division; such 12amendments shall include a funding plan or mechanism consistent 13with section (4) or include an amendment to the transportation finance 14plan so that the facility, improvement, or service will be provided by 15the end of the planning period. 16“(c) Altering land use designations, densities, or design requirements to 17reduce demand for automobile travel and meet travel needs through 18other modes. 19“(d) Amending the TSP to modify the planned function, capacity or 20performance standards of the transportation facility. 21“(e) Providing other measures as a condition of development or through a 22development agreement or similar funding method, including 23transportation system management measures, demand management or 24minor transportation improvements. Local governments shall as part of 25the amendment specify when measures or improvements provided 26pursuant to this subsection will be provided.” 27 We understand petitioner to argue that Ordinance 20418 will significantly affect a 28transportation facility, although petitioner does not identify which transportation facilities it 29believes will be significantly affected. We also understand petitioner to argue that the city 30has failed to adopt one or more of the mitigation measures required by OAR 660-012- 310060(1) and 660-012-0060(2). Perhaps more precisely, we understand petitioner to contend 32that the city improperly found that Ordinance 20418 will not significantly affect any 33transportation facilities, without adequately explaining why the city believes that is the case. Page 25