Amend Title 33 Planning and Zoning and Title 32 Signs and Related Regulations to revise and update regulations for historic resources (amend Code Titles 32 and 33)

The City of Portland ordains: Section 1. The Council finds: On August 29, 1968, the City Council, through ordinance 127512, established the Historic Landmarks Commission and established definitions, regulations, and procedures for Historic Landmark designation. On June 19, 1975, the City Council, through ordinance 140096, established the definitions, regulations, and procedures for Historic District designation. On September 8, 1977, the City Council, through ordinance 144324, established definitions, regulations, and procedures for Conservation District designation. On April 10, 1996, the City Council, through ordinance 169987, updated the definitions, regulations, and procedures for Historic Landmark, Conservation Landmark, Historic District, and Conservation District designation; updated the definitions, regulations, and procedures for adding and removing undesignated resources from the Historic Resources Inventory; and provided for automatic Historic Landmark and Historic District designation for resources listed in the National Register of Historic Places. On January 27, 2017, the Land Conservation and Development Commission adopted a new State Administrative Rule for procedures and requirements for local government compliance with the historic resource provisions of Statewide Land Use Goal 5. Adoption of the State Administrative Rule required updates to the Zoning Code for compliance with State regulations pertaining to the protection of landmarks and districts listed in the federal National Register of Historic Places after January 2017. The Historic Resources Code Project (HRCP) was initiated by the Bureau of Planning and Sustainability in late 2017, beginning with a review of local historic resource programs and best practices in Oregon, nationally, and internationally. In late 2017 and early 2018, staff held public roundtable discussions and offered a public online survey to solicit concepts related to revising the City’s regulations pertaining to the identification, designation, protection, and reuse of historic resources. In January 2019, the Historic Resources Code Project Discussion Draft was released for public review. Staff held public open houses and offered a public online survey to solicit feedback for incorporation into the Proposed Draft. On September 15, 2020, the Historic Resources Code Project Proposed Draft was released for public review. On September 21, 2020, notice of the Proposed Draft was mailed to the Department of Land Conservation and Development in compliance with the post-acknowledgement review process required by OAR 660-18-0020. Notice of the Proposed Draft was also mailed to owners of historic resources on September 21, 2020 as required by Measure 56. The Planning and Sustainability Commission held hearings on the Proposed Draft on October 27 and November 10, 2020. The Planning and Sustainability Commission conducted seven work sessions before voting to forward the Historic Resource Code Project to City Council on May 4, 2021. On June 30, 2021, staff released the Historic Resources Code Project Recommended Draft for public review. On October 7, 2021, notice of the November 3, 2021 City Council public hearing was provided to those who presented oral and written testimony to the Planning and Sustainability Commission. The City Council held a hearing on the Recommended Draft on November 3, 2021. The City Council held an additional hearing on potential amendments to the Recommended Draft on December 15, 2021. The Historic Resources Code Project amendments update City code provisions related to the identification, designation, protection, and use of historic resources. The amendments clarify and streamline exemptions, triggers, procedures, and approval criteria for the variety of historic resource reviews, bringing Portland’s regulations into conformance with state administrative rules and best practices. Changes in Title 33 require minor conforming amendments in Title 32, Sign and Related Regulations. The project makes no substantive changes to Title 32. The Findings of Fact Report, attached as Exhibit A, includes additional findings demonstrating consistency with the Statewide Planning Goals, Metro Urban Growth Management Functional Plan, and the City of Portland 2035 Comprehensive Plan. NOW, THEREFORE, the Council directs: Adopt amended Exhibit A, dated January 2022, as additional findings. Adopt Exhibit B, Historic Resources Code Project Recommended Draft - As Amended Volume One, dated January 2022, and the commentary in Exhibit C, Historic Resources Code Project Recommended Draft - As Amended, Volume Two, dated January 2022, as legislative intent and further findings. Amend Title 33, Planning and Zoning, of the Municipal Code of the City of Portland, as shown in Exhibit C, Historic Resources Code Project Recommended Draft - As Amended Volume Two, dated January 2022. Amend Title 32, Signs and Related Regulations, of the Municipal Code of the City of Portland as shown in Exhibit C, Historic Resources Code Project Recommended Draft - As Amended Volume Two, dated January 2022. Section 2. This ordinance shall be in full force and effect on March 1, 2022. Section 3. If any section, subsection, sentence, clause, phrase, diagram or drawing contained in this ordinance, or the map, report, inventory, analysis, or document it adopts or amends, is held to be deficient, invalid or unconstitutional, that shall not affect the validity of the remaining portions. The Council declares that it would have adopted the map, report, inventory, analysis, or document each section, subsection, sentence, clause, phrase, diagram and drawing thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, diagrams or drawings contained in this Ordinance, may be found to be deficient, invalid or unconstitutional.