Agenda Packet 1-21-20 Work Session

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January 21, 2020, Work Session – Item 1 regulations that require on-site parking. This portion of HB 2001 specifies: “Reasonable local regulations relating to siting and design” does not include owner-occupancy requirements of either the primary or accessory structure or requirements to construct additional off-street parking. These provisions of HB 2001 take effect on January 1, 2020. Staff recommends that they be implemented by the City Council in the ordinance attached. As noted above, elimination of owner-occupancy requirements was already included in the draft ordinance considered at the public hearing. See draft ordinance at Attachment A to this AIS. Council’s initial straw poll did not propose elimination of the land use code’s on-site parking requirements (although they were discussed by council prior to the public hearing and were addressed in the ordinance’s findings). In light of the 2019 legislation, the draft ordinance has been revised to eliminate off-street (on-site) parking requirements. HB 2001 also states that any regulation added to a city code is: void and unenforceable to the extent that the provision would prohibit or have the effect or unreasonably restricting the development of housing that is otherwise allowable under the maximum density of the zoning for the land. This means that any accessory dwelling regulation must not only be “reasonable” and “related to siting and design,” the regulation must also not “unreasonably restrict” the development of accessory dwellings if they would otherwise be allowed under the maximum density for the zone. September 16, 2019, City Council Work Session At the September 16, 2019, work session on accessory dwellings, City Council voted to take no action on the ordinance at that meeting, requested that— separate from the ordinance work— staff provide ideas for offering financial incentives to encourage accessory dwellings, and began discussing Councilor Yeh’s intended motions. October 23, 2019, City Council Work Session At City Council’s most recent work session, the following two motions passed: Move to direct the City Manager to revise the draft ordinance to remove the barriers to above-garage ADUs in the AG, R-1, R-2, R-3, R-4 and S-E zones by adjusting the standards for ADU building height and interior setback. Move to direct the City Manager to revise the draft ordinance to remove barriers to ADUs on sloped lots in the AG, R-1, R-2, R-3, R-4 and S-E zones by adjusting the standards for ADU building height and interior setback. Two councilors expressed intention to introduce additional motions to remove minimum lot sizes for accessory dwellings (Council Syrett) and retain the maximum bedroom and occupancy requirements for accessory dwellings in the university areas (Councilor Zelenka).