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ATTACHMENT E <br /> <br /> <br /> <br />ALTERNATIVE DRAFT FINDINGS <br /> <br /> <br /> <br />Background <br />The City Council held a work session on February 20, 2019 to begin addressing the remand. At <br />that meeting, Council reviewed the accessory dwelling regulations raised in the LUBA appeal to <br />provide an initial determination if they are “reasonable regulations relating to siting and <br />design” consistent with ORS 197.312(5). Council provided direction for staff to return with a <br />proposed ordinance that, if approved by the Council, would retain most of the regulations and <br />would remove five regulations. A subsequent change to state law (passed in June 2019) <br />required that off-street parking requirements for accessory dwellings be removed. Because the <br />removal of those requirements is mandated by the 2019 law, there are no findings that could <br />provide an adequate legal justification for their retention. For this reason, those requirements <br />are not addressed here. <br /> <br />Some Councilors asked City staff to also provide possible findings relating to the regulations <br />proposed for removal. Since the statutory term “reasonable regulation relating to siting and <br />design” is somewhat vague, these City Councilors wished to carefully consider whether the <br />regulations could be rationally justified, allowing Council to retain all of the City’s current <br />regulations. Alternative findings, explaining how the regulations listed below (that are <br />proposed for removal) might be consistent with ORS 197.312(5)(a), are provided here. <br /> <br />The regulations addressed in these findings are: <br />• Prohibition on New Flag Lots <br />• Vehicle Use Area (University Area Specific)1 <br />• Maximum Bedroom <br />• Maximum Occupancy <br />• Alley Access Parking/Driveway (University Area Specific)2 <br />• Dog Keeping <br /> <br />The ordinance that strikes the regulations listed above is provided under separate cover. <br />Findings addressing how the retained regulations are “reasonable regulations relating to siting <br />and design” consistent with ORS 197.312(5) are also provided under separate cover. <br /> <br /> <br />1 The proposed ordinance includes removal of off-street (on-site) parking requirements as required by the 2019 <br />law. The proposed ordinance also includes removal of the standards that pertained to the required off -street <br />parking (e.g., dimensions of vehicle use areas). Without the requirement for off-street parking, strict standards for <br />the location of off-site parking are likely to result in very little voluntary provision of such parking. In case Council <br />believes the standards should be retained, to apply to voluntary development of off -street parking, staff has <br />included the standards d in the findings below. <br />2 See previous footnote. <br />September 16, 2019, Work Session – Item 1