Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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EXHIBIT A Findings Multi-Family Parking Requirements in West and South University Neighborhoods Code Amendment Eugene Code Section 9.8065 requires that the following approval criteria (in bold and italics) be applied to a code amendment: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The Land Use Board of Appeals, in their Final Opinion and Order for the appeal of Ordinance No. 20418, found that [I]t seems entirely possible that the prior one off-street parking space requirement for multiple family dwellings played a role when the city’s comprehensive plan and land use regulations were acknowledged to comply with OAR 660-012-0045(5)(c)(A) requirement that the city have a parking plan which “[a]chieves a 10% reduction in the number of parking spaces per capita in the MPO.” Without expressing any view of whether those prior EC provisions were adopted to comply with the TPR or were relied upon to secure acknowledgement, and without expressing any view on whether the disputed amendments adopted by Ordinance 20418 may cause the EC to be inconsistent with OAR 660-012-0045(5), we agree with the petitioner that the city’s decision must be remanded so that the city can address those questions. italic bold The complete text of OAR 660-012-0045(5) is provided below (in text): OAR 660-012-0045 Implementation of the Transportation System Plan (5) In MPO areas, local governments shall adopt land use and subdivision regulations to reduce reliance on the automobile which: (a) Allow transit-oriented developments (TODs) on lands along transit routes; (b) Implements a demand management program to meet the measurable standards set in the TSP in response to 660-012-0035(4); (c) Implements a parking plan which: (A) Achieves a 10% reduction in the number of parking spaces per capita in the MPO area over the planning period. This may be accomplished through a combination of restrictions on development of new parking spaces and requirements that existing parking spaces be redeveloped to other uses; (B) Aids in achieving the measurable standards set in the TSP in response to OAR 660-012-0035(4); (C) Includes land use and subdivision regulations setting minimum and maximum