Agenda Packet 9-16-19 Work Session

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ATTACHMENT C FINDINGS ADDRESSING ORS 197.312(5) Secondary /Accessory Dwellings (City File CA 18-1) Background In 2017, the Oregon Legislature adopted a new law, Senate Bill 1051 as part of its efforts to promote housing affordability statewide. Pertinent is the portion of the law that addresses “accessory dwelling units” codified in the Oregon Revised Statutes at ORS 197.312(5). In 2019, the legislature amended ORS 197.312(5). At ORS 197.312(5)(b)(A), the 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. At ORS 197.312(5)(a), the law 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 dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design. The 2019 legislature added, at ORS 197.312(5)(b)(B), the following text: Reasonable local regulations relating to siting and design” does not include owner- occupancy requirements of either the primary of accessory structure or requirements to construct additional off-street parking. The City set out to address the new law in two phases. In the first phase, the City amended the code to adopt the “accessory dwelling unit” term, and its statutory definition, in place of the City code’s similar but not identical “secondary dwelling” term and definition. This first phase also amended the code to add the explicit allowance for “accessory dwelling units” in most zones the City Council found to be “areas zoned for detached single-family dwellings.” In some ways, this was an exercise in semantics, because the City already allowed an additional dwelling on lots that meet development standards within the City’s residential zones. Prior to these amendments, the City’s code referred to the additional dwelling as either a “secondary dwelling” or simply as an additional one-family dwelling on a lot. The City Council approved the “phase 1” amendments to the land use code on June 11, 2018. The second phase of amendments was intended to ensure the code’s development standards for these additional dwellings are “reasonable local regulations relating to siting and design” as required by ORS.312(5)(a). The first phase amendments were appealed to the Oregon Land Use Board of Appeals (LUBA). LUBA issued a decision remanding the City Council’s ordinances on November 29, 2018. Consistent with LUBA’s Order, the City is now reconsidering its phase one work, including the required review of the September 16, 2019, Work Session – Item 1