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

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1Although it seems unlikely to us that the prior maximum building height limits in the 2R-3 and R-4 zone played much of a role when the city’s comprehensive plan and land use 3regulations were acknowledged as complying with Goal 12 and the TPR, we cannot be sure 4that it played no role in facilitating “transit oriented developments (TODs) on lands along 5transit routes,” as OAR 660-012-0045(5)(a) requires. And in any event it seems entirely 6possible that the prior one off-street parking space requirement for multiple family dwellings 7played a role when the city’s comprehensive plan and land use regulations were 8acknowledged to comply with OAR 660-012-0045(5)(c)(A) requirement that the city have a 9parking plan which “[a]chieves a 10% reduction in the number of parking spaces per capita 10in the MPO.” Without expressing any view on whether those prior EC provisions were 11adopted to comply with the TPR or were relied on to secure acknowledgment, and without 12expressing any view on whether the disputed amendments adopted by Ordinance 20418 may 13cause the EC to be inconsistent with OAR 660-012-0045(5), we agree with petitioner that the 14city’s decision must be remanded so that the city can address those questions. 15This subassignment of error is sustained. 16The sixth assignment of error is sustained in part. SEVENTH ASSIGNMENT OF ERROR 17 18 Under its seventh assignment of error, petitioner argues that Ordinance 20418 19violates Statewide Planning Goal 6 (Air, Water and Land Resources Quality). Goal 6 is set 20out below: To maintain and improve the quality of the air, water and land 21“ resources of the state. 22 23“All waste and process discharges from future development, when combined 24with such discharges from existing developments shall not threaten to violate, 25or violate applicable state or federal environmental quality statutes, rules and 26standards. With respect to the air, water and land resources of the applicable 27air sheds and river basins described or included in state environmental quality 28statutes, rules, standards and implementation plans, such discharges shall not 29(1) exceed the carrying capacity of such resources, considering long range Page 31