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

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1Petitioner’s first through seventh and ninth assignments of error challenge the 2amendments adopted by Ordinance 20418 on various grounds. C. Stormwater Management 3 4 EC 9.6790 directs the City Manager to adopt a Stormwater Management Manual. 5The second ordinance that is challenged in this appeal, Ordinance 20417, amends EC 9.6790 6to specify certain goals with which the Stormwater Management Manual must be consistent. 7Petitioner challenges that amendment in its eighth and ninth assignments of error. INTRODUCTION 8 9 The first seven assignments of error, particularly the third through seventh 10assignments of error, assume that the new building height limits in the 16-block area south of 11the university and the new off-street parking requirements in the South and West University 12Neighborhoods necessarily will preclude residential development at the maximum allowed 13density in those areas and will have the effect of increasing the number of trips by 14automobile and the resultant pollution and greenhouse gases. As we explain below, the EC 15regulates residential development directly and also imposes development standards that may 16have the indirect effect of reducing the achievable development densities. The EC 17amendments that are the subject of this appeal could have indirect effects on development 18densities and the parties have very different ideas about the likely impact of the disputed EC 19amendments on residential development densities. The parties also have very different ideas 20about the likely impacts of the disputed amendments on traffic and traffic related pollution. A. Direct Regulation of Residential Development Density 21 22 The Eugene Code regulates development density directly and indirectly. The Eugene 23Code regulates residential development density directly by imposing both minimum and 24maximum density requirements. Within the R-3 and R-4 zones, residential development 25must achieve a “Minimum Net Density Per Acre” of at least 20 units. EC Table 9.2750. 26That means within the R-3 and R-4 zones, residential development at a net density of less Page 7