Agenda Packet 10-23-19 Work Session

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October 23, 2019, Work Session – Item 1 Initial City Council Process In January 2018, the City Council initiated a two-phased approach for land use code changes to implement the 2017 law. Phase 1 would address the 2017 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 2017 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, the 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 2017 law’s “accessory dwelling” terminology. Notably, the Phase 1 ordinances made the accessory dwelling units in these additional zones subject to the 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 2017 law because, even though the ordinances did not change any of the existing development standards for secondary dwellings in the R-1 zone, the ordinances effectively extended the applicability of those existing development standards to the additional zones. To do so, LUBA found that the City needed to first make a determination that the existing development standards are “reasonable local regulations relating to siting and design,” as the 2017 law requires. This means that Eugene cannot take a two-phased approach like the one originally proposed. City Council Post-Remand Work Session At the February 20, 2019, work session, staff provided the City Council with a list of the existing land use code standards that were raised/challenged in the LUBA appeal. Staff provided recommendations for each standard’s retention or elimination, based on the “reasonable regulation relating to siting and design” requirement in the 2017 law. For each of the standards raised in the LUBA appeal, council provided preliminary input (through straw polls) as to whether each standard is a “reasonable regulation relating to siting and design.” Based on this preliminary input from council, a draft ordinance was prepared that proposed to eliminate from the land use code those standards that, in this initial review, were found to not be “reasonable regulations relating to siting and design.” The draft ordinance also included a re-adoption of all of the Phase 1 code amendments the City Council attempted to adopt in 2018 ordinances that were remanded by LUBA. City Council Public Hearing At the May 20, 2019, public hearing on the draft ordinance, City Council heard from 33 people. A majority of those who provided testimony (20 people) expressed support for removing barriers to accessory dwellings and for the provision of more affordable housing. Support was also expressed for eliminating even more of the standards that now apply to accessory dwellings and concern was expressed by some that Eugene is not doing enough to comply with the intent of the 2017 law.