Agenda Packet 5-20-19 Public Hearing

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May 20, 2019, Public Hearing – Item 2 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Concerning Accessory Dwellings; Replacing the Term “Secondary Dwelling” with “Accessory Dwelling” Throughout the Eugene Code 1971; Making Additional Amendments to Sections 9.0500, 9.2010, 9.2011, 9.2740, 9.2741, 9.2750, 9.2751, 9.2775, 9.3060, 9.3115, 9.3125, 9.3210, 9.3215, 9.3310, 9.3510, 9.3615, 9.3810, 9.3811, 9.3815, 9.3910, 9.3915, and 9.8030 of that Code; and Addressing the Oregon Land Use Board Of Appeals’ Remand of Ordinance Nos. 20594 And 20595. Meeting Date: May 20, 2019 Agenda Item Number: 2 Department: Planning and Development Staff Contact: Alissa Hansen www.eugene-or.gov Contact Telephone Number: 541-682-5508 ISSUE STATEMENT The City Council will hold a public hearing to consider an ordinance concerning secondary/accessory dwelling in response to the Land Use Board of Appeals’ remand of Ordinances Nos. 20594 and 20595 adopted by council in June 2018 as the first phase of the City’s response to the accessory dwelling requirements of Senate Bill 1051. BACKGROUND In 2017, the Oregon Legislature adopted a new law, Senate Bill 1051,1 as part of its efforts to promote housing affordability statewide. Pertinent to this work session is the portion of the new law that addresses “accessory dwelling units.” The new law defines “accessory dwelling unit” as an “interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling.”2 It requires: “A city with a population greater than 2,500 . . . shall allow in areas zoned for detached single-family dwellings the development of at least one accessory 1 The relevant sections of Senate Bill 1051 are now codified at §197.312(5) of the Oregon Revised Statutes. 2 Eugene’s code does not refer to accessory dwelling units. Under Eugene’s code, there are two different types of accessory dwelling units. Depending on the applicable zone, an accessory dwelling unit might be allowed as simply another one-family dwelling on a lot, and/or it might be allowed as a “secondary dwelling.” A “secondary dwelling” is defined as “a dwelling unit that is located on the same lot as a primary one-family dwelling that is clearly subordinate to the primary one-family dwelling, whether a part of the same structure as the primary one-family dwelling or a detached dwelling unit on the same lot. Either the secondary dwelling or the primary dwelling must be occupied by the property owner.”