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Exhibit B <br />ordinance that, if passed, would eliminate some of the regulations identified in the LUBA appeal. <br />Council also asked that staff provide findings to explain how the retained regulations are consistent with <br />ORS 197.312(5)(a). <br />These findings pertain to the regulations identified in LUBA's remand that the City Council has <br />determined to be consistent with ORS 197.312(5) and is retaining in the City Code. <br />The terms "used in connection with," "accessory to," "reasonable," "siting" and "design" are not defined <br />in state law or in the Eugene Code, nor is there any useful textual, contextual or legislative history of the <br />terms associated with Senate Bill 1051. The definitions from the Webster's Third New International <br />Dictionary (2002) were consulted by Council, as described below. <br />"Connection" ("in connection with" is not defined) is defined as relevant here to mean: "the act <br />of connecting;" "a coming into or being put in contact." <br />"Accessorl' ("accessory to" is not defined) is defined as relevant here to mean: a "a thing of <br />secondary or subordinate importance (as in achieving a purpose or an effect)" or b "an object or <br />device that is not essential in itself but that adds to the beauty, convenience, or effectiveness of <br />something else." <br />"Site" ("siting" is not defined) is defined as relevant here to mean "the local position of building, <br />town, monument or similar work either constructed or to be constructed, esp. in connection <br />with its surroundings;" "a space of ground occupied by or to be occupied by a building;" and <br />"land made suitable for building purposes by dividing into lots, laying or streets and providing <br />facilities (as water, sewers, power supply)." <br />Given this definition of "site" and the new law's explicit grant of some local regulatory authority over <br />siting, it would be reasonable to find that "regulations relating to siting" include both: (1) regulations <br />that specify the necessary lot characteristics for the siting of an accessory dwelling; and (2) regulations <br />that specify where, on such a lot, an accessory dwelling may be sited. <br />"Design" is defined as "a scheme for the construction, finish, and ornamentation of a building as <br />embodied in the plans, elevations, and other architectural drawings pertaining to it." <br />It would be reasonable, for example, to find that "regulations relating to design" include regulations that <br />address height and size. <br />"Reasonable" is defined as "being or remaining within the bounds of reason; not extreme; not <br />excessive ***; not demanding too much." <br />The City Council incorporates this into the analysis by considering whether a regulation is so important <br />for addressing a legitimate government concern that it justifies the limitation it may place on the <br />number of accessory dwelling units that may be established in the City. <br />Findings <br />For the City Council's convenience, the Eugene Code regulations addressed below are presented in the <br />same order as the list of topics that was provided in Attachment A to the agenda item summary for the <br />February 20, 2019 City Council work session. <br />11 <br />