Agenda Packet 5-20-19 Public Hearing

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May 20, 2019, Public Hearing – Item 2 dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design.” Initial City Council Process In January 2018, the City Council initiated a two-phased approach for land use code changes to implement this new law. Phase 1 would address the new law’s requirement that the City allow accessory dwelling units in more areas of the City (the “where” phase). The intent was to address, 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 (Ordinance Nos. 20594 and 20595) that revised the land use code to allow accessory dwellings in additional zones. 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. Land Use Board of Appeals Remand The Phase 1 ordinances were appealed to the Oregon Land Use Board of Appeals by numerous parties. LUBA sent the Phase 1 ordinances back (“remanded”) 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. City Council Post-Remand Work Session At the February 20, 2019, work session, City Council provided initial direction for staff’s preparation of a draft ordinance to respond to LUBA’s order. For each accessory dwelling development standard raised in the LUBA appeal, council provided preliminary input as to whether the standard is a “reasonable regulation relating to siting and design.” The draft ordinance proposes to remove from the land use code those standards that, based on this preliminary input, were found to not be “reasonable regulations relating to siting and design.” The ordinance also includes the Phase 1 code amendments the City Council attempted to adopt in 2018 ordinances that were remanded by LUBA. The public hearing is being held to consider the draft ordinance. The Record of Materials for the City Council’s Consideration Because the City’s consideration of the draft ordinance is a continuation of the process started in 2018, all of the materials that were compiled for the 2018 process continue to be a part of the record for the council’s consideration. Through the procedures described in the public notice, interested parties and staff will provide the City Council with additional material for consideration. Notably, the City Attorney’s office has provided for this record the legal briefs that