Implementation of State Requirements for Climate-Friendly and Equitable Communities (CFEC)

March 10, 2022, Governor Kate Brown issued Executive Order 20-04, directing state agencies to reduce climate pollution.  Executive Order 20-04 was in response to Oregon not meeting its climate pollution reduction goals, one of which was adopted in 2007 by state legislators in 2007 to reduce the state’s climate pollution by 75% by 2050.

In response, the Oregon Land Use Conservation and Development Commission (LCDC) developed, and the state adopted, updates to Oregon’s transportation and land use planning rules. These new rules are called Climate Friendly Equitable Communities (CFEC), and they went into effect on January 1, 2023.  The City of Sherwood is implementing the CFEC standards that are clear and objective without codifying these standards at this time within Sherwood’s Zoning and Community Development Code (SZDCD).  The City received a one-year extension from the Department of Land Use and Development (DLCD) to codify new parking regulations.

What are the new CFEC rules that Sherwood is implementing now?

Effective January 1, 2023, the City of Sherwood is enforcing parking reforms as mandated by the CFEC changes as adopted into the Oregon Administrative Rules (OARs). All development applications received will be reviewed under the new parking mandates outlined below, but ultimately, Sherwood’s Zoning and Community Development Code will need to be amended to incorporate these reforms.

OAR 660-012-0430 Reduction of Parking Mandates for Development Types

Effective January 1, 2023, the City of Sherwood, through administrative policy will not require the following:

1. The City may not require more than one parking space per unit in residential developments with more than one dwelling unit on a single legally established property.

2. The City may not require parking for the following development types:

a. Facilities and homes designed to serve people with psychological, physical, intellectual or developmental disabilities, including but not limited to a: residential care facility, residential training facility, residential treatment facility, residential training home, residential treatment home, and conversion facility as defined in ORS 443.400.
b. Child care facility as defined in ORS 329A.250.
c. Single-room occupancy housing.
d. Residential units smaller than 750 square feet.
e. Affordable housing as defined in OAR 660-039-0010.
f. Publicly supported housing as defined in ORS 456.250.
g. Emergency and transitional shelters for people experiencing homelessness.
h. Domestic violence shelters.

660-012-0440 Parking Reform Near Transit Corridors

Effective January 1, 2023, the City of Sherwood through administrative policy will not require parking within ½ mile of TriMet’s Line 94 that qualifies as “frequent service” under OAR 660-012-0400.

660-012-0410 Electric Vehicle Charging

Effective April 1, 2023, the City of Sherwood, through administrative policy will require 40% of the parking spaces developed in conjunction with new multi-family (5+ housing units) buildings and multi-use buildings with private commercial space to have conduit to serve electric vehicle charging stations.

The Oregon Department of Land Conservation and Development (DLCD) has granted the City of Sherwood a one-year extension to the following regulatory requirements. Sherwood will need to codify the standards outlined below no later than June 30, 2024.

OAR 660-01-00405 Parking Regulation Improvements (June 30, 2024)

1. Preferential placement of carpool/vanpool parking
2. Allow redevelopment of any portion of a parking lot for bike or transit uses
3. Allow and encourage redevelopment of underutilized parking for other uses
4. Allow and facilitate shared parking
5. New parking lots more than ½ acre in size must install 40% tree canopy or solar panels, solar/wind fee-in lieu or green energy
6. Adopt parking maximums in locations such as downtowns, regional or community center, and transit-oriented development

OAR 660-012-0425 Reducing the Burden of Parking Mandates (June 30, 2024)

1. Garages and carports may not be required for residential developments.
2. Garage parking spaces shall count towards off-street parking mandates.
3. Provision of shared parking shall be allowed to meet parking mandates.
4. Required parking maybe provided off-site, within 2,000 feet pedestrian travel of a site.
5. Reduce parking mandates if providing solar panels or wind power capacity, car-sharing parking space, EV parking spaces, units that are fully accessible to people with mobility disabilities.

OAR 660-0445(1)(a) – Fair Pricing by Reducing Parking Mandates for Certain Types of Development and in Key Areas; and Adopting Fair Parking Policies (June 30, 2024)

1. Require parking spaces serving leased commercial developments be unbundled; and
2. Require a tax on the revenue from commercial parking lots collecting no less than 10 percent of income, with revenues dedicated to improving transportation alternatives to drive-alone travel.

Sherwood Planning Department Work Program to Implement New CFEC Rules

Sherwood Planning Staff will conduct an audit of Sherwood Municipal Codes in the Fall of 2023. The code audit and proposed development code amendments will be presented to the Sherwood Planning Commission for review and refinement. A draft of the code audit and proposed development code amendments will be available on this project in late Fall/early Winter 2023. Sherwood Planning Staff will hold a Community Open House in early Spring 2024 to review this project with the Sherwood Community.  The Planning Commission will make a recommendation to the City Council on proposed code amendments in late Spring 2024.

To stay updated on this project, please email Joy Chang, Senior Planner at Changj@SherwoodOregon.gov to be placed on the project mailing list.

All project meeting dates and meeting materials will be posted to this project page.  

For more information on Climate Friendly Equitable Communities, please visit the Department of Land Conservation and Development project page at:  https://www.oregon.gov/lcd/cl/pages/cfec.aspx