Agenda Packet 2-20-19 Work Session

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February 20, 2019, Work Session – Item 1 as a later Phase 2, the new law’s requirement that accessory dwelling units be subject to only “reasonable local regulations relating to siting and design.” The two-phase approach was intended to allow emerging conversations around housing affordability to evolve, and to consider potential changes to those regulations in the context of a broader planning effort (the “how” phase). In June 2018, City Council adopted Phase 1 ordinances that revised the land use code to allow accessory dwelling units in additional zones (R-2 Medium Density Residential, R-3 Limited High Density Residential, R-4 High Density Residential, AG Agricultural, S-E Elmira Road Special Area Zone, and S-HB Historic Blair Special Area Zone). The Phase 1 ordinances also adopted the new law’s “accessory dwelling” terminology. Notably, the Phase 1 ordinances made the accessory dwelling units in these additional zones subject to development standards that were already set out in the land use code for secondary dwellings in the R-1 zone. The Phase 1 ordinances were appealed to LUBA by numerous parties. LUBA sent the Phase 1 ordinances back to the City Council for additional work. LUBA found that the Phase 1 ordinances were inconsistent with the new law because, even though the ordinances did not change any of the development standards for secondary dwellings in the R-1 zone, the ordinances did extend the applicability of those development standards to the additional zones. To do so, LUBA found that the City needed to determine that the existing development standards are “reasonable local regulations relating to siting and design,” as the new law requires. This means that Eugene will not be able to take a two-phased approach like the one originally proposed. 3 Until the City Council takes the actions ordered by LUBA, when someone applies to build an accessory dwelling unit, City staff must apply the development standards applicable in the zone and attempt to justify the development standards as “reasonable regulations relating to siting and design” without the benefit of any City Council direction. Based on the range of legal challenges already being presented, the City should expect more legal challenges in the coming months. The City’s action on the LUBA remand is a chance to examine—and potentially change—development standards that the appeals and public input have suggested may be inconsistent with the new law. Work Session The key outcome of the work session is council’s input as to how the accessory dwelling unit development standards should be treated in the remand ordinance to be prepared for public hearing. To help council efficiently address the development standards, staff have organized the standards into three groups that are identified on Attachment A to this AIS: Group 1: Denoted with a green symbol on Attachment A, staff believes these regulations comply with the law requiring “reasonable regulations relating to siting and design” and should be retained in the proposed ordinance. The proposed ordinance will include no reference to the regulations that are retained, except that an exhibit to the ordinance will include findings explaining the basis for their consistency with the new law. 3 Per council direction, the 2018 ordinances did not make any changes to the allowed uses in the S-JW Jefferson Westside or the S-C Chambers Special Area Zones, where accessory dwellings could be sited through code provisions that permit two single-family homes on a lot. Since the ordinances did not make any changes in those zones, LUBA’s rules prohibited it from considering challenges to the development standards in those two zones.