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M®µ¤ ³®  £®¯³ #®´­¢¨« "¨«« ΔΐΗΔǾ ­ /±£¨­ ­¢¤ #®­¢¤±­¨­¦ 3¤¢®­£ ±¸ $¶¤««¨­¦²ȁ ATTACHMENTS A.$± ¥³ /±£¨­ ­¢¤ #1 (#®´­¢¨« "¨«« ΔΐΗΓȩ B.$± ¥³ /±£¨­ ­¢¤ ͰΑ (#®´­¢¨« "¨«« ΔΐΗΔȩ ! ¢®¬¯«¤³¤ ²¤³ ®¥ ±¤¢®±£ ¬ ³¤±¨ «²  ±¤  µ ¨« ¡«¤ ¥®± ±¤µ¨¤¶ ¨­   ¡¨­£¤± «®¢ ³¤£  ³ ³§¤ #¨³¸ #®´­¢¨« /¥¥¨¢¤Ǿ ®±  ³ 0« ­­¨­¦  ­£ $¤µ¤«®¯¬¤­³ $¤¯ ±³¬¤­³  ³ ΜΜ 7ȁ ΔΓ Avenue. !²   ¢®´±³¤²¸Ǿ ¬®²³ ®¥ ³§¤ th ¬ ³¤±¨ «²  ±¤  «²®  µ ¨« ¡«¤ ¥®± ±¤µ¨¤¶ ®­«¨­¤ here . &/2 -/2% ).&/2-!4)/. 3³ ¥¥ #®­³ ¢³Ȁ !«¨²²  ( ­²¤­ 4¤«¤¯§®­¤Ȁ 541-682-6508 3³ ¥¥ %-Mail: alissa.h.hansen@ci.eugene.or.us ATTACHMENT A ORDINANCE NO. ________ AN ORDINANCE CONCERNING SECONDARY DWELLINGS AND AMENDING SECTIONS 9.0500, 9.2010, 9.2011, 9.2740, 9.2741, 9.2750, 9.2751, 9.3115, 9.3125, 9.3210, 9.3215, 9.3310, 9.3510, 9.3810, 9.3815, 9.3910 AND 9.3915 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The 0of the Eugene Code, 1971, is amended to provide as follows: 9.0500 Definitions . As used in this land use code, unless the context requires otherwise, the following words and phrases mean: Accessory Building .Any authorized, detached building subordinate to the main building on the same development site.In addition, for the purposes of EC 9.2700 through 9.2751, in the R-1 zone, an accessory building that shares a common wall with the primary dwelling for less than 8 feet is considered a detached accessory building.A secondary dwelling is not an accessory building. Section 2. Table 9.2010 of Section 9.2010 of the Eugene Code, 1971, is amended to provide as follows: Table 9.2010 Agricultural Zone Uses and Permit Requirements AG Residential Dwellings One-Family Dwelling, 1 Per LotP Secondary Dwelling (1 Per Detached One-Family Dwelling on Same Lot) P(2) Section 3. Section 9.2011 of the Eugene Code, 1971, is amended to provide as follows: 9.2011 Special Use Limitations for Table 9.2010. (1) Permitted in the AG zone, subject to the PRO zone standards in EC 9.2640. (2) Permitted in the AG zone, subject to the standards for secondary dwellings at EC 9.2751(17). Section 4. The of the Table 9.2740 of Section 9.2740 of the Eugene Code, 1971, is amended to provide as follows: Table 9.2740 Residential Zone Land Uses and Permit Requirements R-1 R-R-2 R-3 R-4 1.5 Residential Dwellings. (All dwellings, including secondary dwellings, shall meet minimum and maximum density requirements in accordance with Table 9.2750 Residential Zone Development Standards unless specifically exempted elsewhere in this land use code. All dwelling types are permitted if approved through the Planned Unit Development process.) Secondary Dwelling (\[Either Attached or P(2) P(2) P(2) P(2) Detached from Primary One-Family Dwelling\] 1 Per Detached One-Family Dwelling on Same Lot) Section 5. Subsection (2) of Section 9.2741 of the Eugene Code, 1971, is amended to provide as follows: 9.2741 Special Use Limitations for Table 9.2740. (2) Secondary Dwellings. Secondary dwellings are \[only permitted in R-1 and\] subject to the standards \[beginning\] at EC 9.2750 and EC 9.2751, except that new secondary dwellings are prohibited on alley access lots. Section 6. The following entries under 9.2750 of Section 9.2750 of the Eugene Code, 1971, are amended to provide as follows: Table 9.2750 Residential Zone Development Standards (See EC 9.2751 Special Development Standards for Table 9.2750.) R-1 R-1.5 R-2 R-3 R-4 Maximum Building Height (2), (3), (4), (5), (16), (17), (18) Secondary Dwelling See (17) -- --See (17) --See (17) --See (17) Minimum Building Setbacks (2), (4), (6), (9), (10), (11), (16), (17), (18) Interior Yard Setback for See (17) -- --See (17) --See (17) --See (17) Secondary Dwellings Maximum Lot Coverage (17), (18) Lots with Secondary Dwellings See -- --See --See --See (Area-Specific) (17)(c) (17)(c) (17)(c) (17)(c) Secondary Dwellings (17) Ordinance - Page 2 of 8 Table 9.2750 Residential Zone Development Standards (See EC 9.2751 Special Development Standards for Table 9.2750.) R-1R-1.5R-2R-3R-4 General Standards See -- --See --See --See (17)(a) (17)(a) (17)(a) (17)(a) and (b) and (b) and (b) and (b) Area-Specific See -- -- See -- See -- See (17)(c) (17)(c) (17)(c) (17)(c) Section 7. The heading of subsection (17) of Section 9.2751 of the Eugene Code, 1971, is amended to provide as follows: 9.2751 Special Development Standards for Table 9.2750. (17) Secondary Dwellings \[in R-1\]. Section 8. subsection section in Table 9.3115 of Section 9.3115 of the Eugene Code, 1971, is amended to provide as follows: Table 9.3115 S-CN Chase Node Special Area Zone Land Uses and Permit Requirements Land Use TypeCHDR/MUHDR Residential Dwellings (All dwellings shall meet minimum and maximum density requirements for development within the Chase Gardens Plan area.) One Family Dwelling per lot (Includes zero lot line P P dwellings) Secondary Dwelling (1 Per Detached One-Family P P Dwelling on Same Lot) Controlled Income and Rent Housing where density is S S above that normally required in the zoning district but does not exceed 150% of the maximum permitted density. (Shall comply with multiple-family standards in EC 9.5500. P(3)(4) P(3)(4) P(3)(4) Rowhouse (One-family on own lot attached to adjacent residence on separate lot) Duplex (Two-family attached on the same lot) P P P P Tri-plex (Three family attached on the same lot) (See EC 9.5500) S S Four-plex (Four-family attached on the same lot) (See EC 9.5500) Ordinance - Page 3 of 8 Table 9.3115 S-CN Chase Node Special Area Zone Land Uses and Permit Requirements Land Use TypeCHDR/MUHDR S S S Multiple Family (3 or more dwellings on the same lot) (See 9.5500) Manufactured Home Park (See 9.5400) P(5) Section 9. Building HeightTable 9.3125(3)(g) of Section 9.3125 of the Eugene Code, 1971, is amended to provide as follows: Table 9.3125(3)(g) S-CN Chase Garden Node Special Zone Development Standards (See EC 9.3126 Special Development Standards for Table 9.3125(3)(g).) C HDR/MU HDR Maximum Building Height (3) Main Building 50' commercial, 120' except (3); 120' 120' residential 35' or 2 stories or residential within 50' of above Garden Way commercial Accessory Building. \[Includes Secondary 30' 30' Dwellings Detached from Main Building\] Secondary Dwellings Detached from Main Building Section 10. Table 9.3210 of Section 9.3210 of the Eugene Code, 1971, is amended to provide as follows: Table 9.3210 S-DW Downtown Westside Special Area Zone Uses and Permit Requirements S-DW Residential Dwellings (All dwellings types are permitted if approved through the Planned Unit Development process.) One-Family Dwelling (1 Per Lot) P Secondary Dwelling (\[Either Attached or Detached from Primary One-Family P Dwelling\] 1 Per Detached One-Family Dwelling on Same Lot) Rowhouse (One-Family on Own Lot Attached to Adjacent Residence on P Separate Lot with Garage or Carport Access to the Rear of the Lot) Duplex P Tri-plex (Three-Family Attached on Same Lot) P Four-plex (Four Family Attached on Same Lot) P Multiple-Family (3 or More Dwellings on Same Lot) (See EC 9.5500) P Ordinance - Page 4 of 8 Section 11. Subsection (2) of Section 9.3215 of the Eugene Code, 1971, is amended to provide as follows: 9.3215 S-DW Downtown Westside Special Area Zone Development Standards. (2)Residential Standards. Except as provided in this section or EC 9.3216 Special Development Standards for Table 9.3215, all residential development shall be subject to the standards established for the R-4 zone. Secondary dwellings shall be subject to the R-4 standards, except EC 9.2751(17). Section 12. Table 9.3310 of Section 9.3310 of the Eugene Code, 1971, is amended to provide as follows: Table 9.3310 S-E Elmira Road Special Area Zone Uses and Permit Requirements S-E Residential Dwellings One-Family Dwelling (1 Per Lot) P Secondary Dwelling (1 Per Detached One-Family Dwelling on Same Lot) P Rowhouse (One-Family on Own Lot Attached to Adjacent Residence on Separate P Lot with Garage or Carport Access to the Rear of the Lot) Duplex (Two-Family Attached on Same Lot) P Multiple Family (3 or More Dwellings on Same Lot) (See EC 9.5500) PUD Section 13. Subsection (1) of Section 9.3510 of the Eugene Code, 1971, is amended to provide as follows: 9.3510 S-HB Blair Boulevard Historic Commercial Special Area Zone Uses. The S-HB and the mix of residential, commercial and light industrial uses within the zone. The S-HB zone is the commercial core of the residential districts located to the east and west of the zone. The Whiteaker Plan Land Use Diagram reflects four underlying land use designations for this zone of residential, commercial, mixed use, and parks. Uses permitted within the S-HB zone are as follows: (1) Areas Designated for Low and Medium Density Residential. Allowable uses are: (a) One-family dwellings. (b) Secondary Dwelling (1 Per Detached One-Family Dwelling on Same Lot). (bc) Duplexes. (cd) Triplexes. (de) Four-plexes. (ef) Multiple-family dwellings. (fg) Home occupations. (gh) Bed and breakfast facilities. Ordinance - Page 5 of 8 Section 14. section in Table 9.3810 of Section 9.3810 of the Eugene Code, 1971, is amended to provide as follows: Table 9.3810 S-RN Royal Node Special Area Zone Land Uses and Permit Requirements LDR MDR RMU CMU MSC Residential Dwellings. (All dwellings shall meet minimum and maximum density requirements for development within the Royal Specific Plan area. All dwelling types are permitted.) One-Family Dwelling (1 Per Lot, includes zero lot P P P line dwellings) Secondary Dwelling (\[Either Attached or Detached P(1) P(1) P(1) from Primary One-Family Dwelling\] 1 Per Detached One-Family Dwelling on Same Lot) Rowhouse (One-Family on Own Lot Attached to P(2) P(2) P(2) P(2) P(2) Adjacent Residence on Separate Lot with Garage (3) (3) (3) (3) (3) or Carport Access to the Rear of the Lot) Duplex (Two-Family Attached on Same Lot) P P P Tri-plex (Three family attached on the same lot) P P P P See EC 9.5500 Four-plex (Four-Family Attached on Same Lot) P P P See EC 9.5500 Multiple-Family (3 or More Dwellings on Same Lot) S(3) S(3) S(3) S(3) S(3) See EC 9.5500 (9) (9) (9) (9) (9) Manufactured Home Park. Shall comply with EC S - S - 9.5400 or site review. SR SR (4) (4) Controlled Income and Rent Housing where S (9) S (9) density is above that normally permitted in the zoning district but does not exceed 150% of the maximum permitted density. (Shall comply with multiple-family standards in EC 9.5500.) Section 15. Table 9.3815(3)(n) of Section 9.3815 of the Eugene Code, 1971, is amended to provide as follows: Table 9.3815(3)(n) S-RN Royal Node Special Zone Development Standards (See EC 9.3816 Special Development Standards for Table 9.3815(3)(n).) LDR MDR RMU CMU MSC Maximum Building Height Main Building 35 feet 35 feet 50' 50' 50' Accessory Building. \[Includes 25 feet 25 feet 50' 50' 50' Secondary Dwellings Detached from Main Building\[ Secondary Dwellings 25 feet 25 feet 25 feet Detached from Main Building Ordinance - Page 6 of 8 Section 16. Table 9.3910 of Section 9.3910 of the Eugene Code, 1971, are amended to provide as follows: Table 9.3910 S-W Whiteaker Special Area Zone Uses and Permit Requirements S-W Accessory Uses Accessory Uses. Examples related to residential uses include a garage, storage P shed, bed and breakfast facility (see EC 9.5100)\[,\] and home occupations (see EC 9.5350)\[, and secondary dwellings (see EC 9.2741(2))\]. Examples relating to commercial and employment and industrial uses include security work, administration activity and sales related to industrial uses manufactured on the same development site, and storage and distribution incidental to the primary use of the site. Residential Dwellings One-Family Dwelling P(2) Secondary Dwelling (1 Per Detached One-Family Dwelling on Same Lot) P(2) Rowhouse (One-Family on Own Lot Attached to Adjacent Residence on Separate Lot P(2) with Garage or Carport Access to the Rear of the Lot) Duplex (Two-Family Attached on Same Lot) P(2) Tri-plex (Three-Family Attached on Same Lot) P(2) Multiple Family (3 or More Dwellings on Same Lot) (See EC 9.5500) P(2) Section 17. The first paragraph and subsection (1) of Section 9.3915 of the Eugene Code, 1971, are amended, and a new subsection (13) is added, to provide as follows: 9.3915 S-W Whiteaker Special Area Zone Development and Lot Standards. Except as provided in subsections (5) to \[(12)\] (13) of this section, sections 9.6000 to 9.6885 General Standards for All Development in this land use code shall apply within this S-W zone. In the event of a conflict between the general development standards of this land use code and the standards set forth in this section, the specific provisions of this section shall control. (1) Residential Standards. Except as provided in subsections (5) to \[(12)\] (13) of this section, all residential development shall be subject to the standards established for the C-2 zone. (13) Secondary dwellings shall be subject to the standards established at EC 9.2750 and EC 9.2751(17). Section 17. The findings set forth in Exhibit A attached to this Ordinance are adopted as findings in support of this Ordinance. Section 18. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in Ordinance - Page 7 of 8 other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 18. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2018 ____ day of _______________, 2018 ____________________________ _____________________________ City Recorder Mayor Ordinance - Page 8 of 8 Exhibit A Preliminary Findings Secondary Dwellings (Phase 1 Implementation of Senate Bill 1051 (City File CA 18-1) Overview The goal of this proposed land use code amendment is to expand the areas in which secondary dwellings are allowed in the City, as required by recent state legislation (Senate Bill 1051). The proposed amendment focuses on where secondary dwellings will be allowed in the City, and will increase the number of zones where secondary dwellings are permitted. Eugene has long allowed for secondary dwellings in the R-1 Low Density Residential zone subject to development standards such as height, setbacks, building size, owner-occupancy and parking. Secondary dwellings are also allowed in certain special area zones (including Chambers, Chase Node, Downtown Westside, Royal Node, Whiteaker and Walnut Station) subject to development standards. As a result of the proposed amendment, secondary dwellings will also be allowed as permitted uses in the following zones: AG Agricultural o R-2 Medium Density Residential o R-3 Limited High-Density Residential o R-4 High Density Residential o S-Elmira Road Special Area Zone o 1 S-JW Jefferson Westside Special Area Zone o S-HB Blair Boulevard Historic Commercial Special Area Zone o The proposed amendment also includes language to clarify that secondary dwellings are not accessory buildings. The proposed amendment does not affect the standards that currently apply to secondary dwellings. Findings Eugene Code Section 9.8065 requires that the following approval criteria (in bold 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 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. By adding secondary dwellings as an allowed use in the R-2 Medium Density Residential zone, secondary dwellings 1 become an allowed use in the S-JW Jefferson Westside Special Area Zone. This is because the S-JW zone generally relies on the R-2 zone for allowed uses. No changes to the S-JW zone are proposed. Findings - 1 Exhibit A The City has acknowledged provisions for community involvement which ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The code amendments do not amend the citizen involvement program. The process for adopting these amendments complied with Goal 1 because it is consistent with the acknowledged citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on January 30, 2018. A public hearing was held before the Planning Commission on March 6, 2018. On March 26, 2018, the Planning Commission recommended that the City Council approve the proposed amendment to expand the areas in which secondary dwellings are allowed in the city. On March 27, 2018, a Revised Notice of Proposed Amendment was filed with the Oregon recommended amendments. A public hearing is scheduled before the City Council for April 16, 2018. Consistent with land use code requirements, the Planning Commission public hearing on the proposal was duly noticed to all neighborhood organizations in Eugene, as well as community groups and individuals who requested notice. In addition, notice of the public hearing was published in the Register Guard. Information concerning the amendments, including the dates of the public hearings, were posted on the City of Eugene website. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the ordinance is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. Eugene land use code specifies the procedure and criteria that were used in considering these amendments. The record shows that there is an adequate factual basis for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with all of the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development, as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for these amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendments are for property located within the urban growth boundary and do not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. Findings - 2 Exhibit A The amendments are for property located within the urban growth boundary and do not affect any land designated for forest use. Therefore, Statewide Planning Goal 4 does not apply. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a)The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b)The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c)The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. These amendments do not create or amend the Citys list of Goal 5 resources, do not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site and do not amend the acknowledged urban growth boundary. Therefore, Statewide Planning Goal 5 does not apply. Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The amendments to not affect the Citys ability to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without appropriate safeguards. The amendments do not affect the Citys restrictions on development in areas subject to natural disasters and hazards. Further, the amendments do not allow for new development that could result in a natural hazard. Therefore, Statewide Planning Goal 7 does not apply. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings - 3 Exhibit A Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The amendments do not affect the Citys provisions for or access to recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8 does not apply. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregons citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The amendments do not impact the supply of industrial or commercial lands. Therefore, the amendments are consistent with Statewide Planning Goal 9. Goal 10 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires communities to provide an adequate supply of residential buildable land to accommodate estimated housing needs for a 20-year planning period. The Residential Lands Supply Study (2017) was adopted by the City of Eugene as a refinement of the Envision Eugene Comprehensive Plan, and complies with the requirements of Goal 10 and the corresponding Administrative Rule. According to the Residential Lands Supply Study, there is sufficient buildable residential land to meet the identified land need. The amendments do not impact the supply of residential buildable land. No land is being re- designated from residential use to a nonresidential use, and the amendments do not otherwise diminish the amount of lands available for residential use. Rather, the amendments increase the capacity of existing residential land, by increasing the potential number of dwelling units that could be built without adversely impacting the residential land inventory. Accordingly, the amendments do not impact the supply or availability of residential lands included in inventoried in the acknowledged Residential Lands Supply Study. Therefore, the amendments are consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The amendments do not affect the Citys provision of public facilities and services. Therefore, Statewide Planning Goal 11 does not apply. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use Findings - 4 Exhibit A regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The amendments do not change the functional classification of a transportation facility, change the standards implementing a functional classification system or degrade the performance of a facility otherwise projected to not meet performance standards. Therefore, the amendments do not have a significant effect under (A) or (B). In regards to (C), the relatively small number of homes that are expected to be developed as a result of the secondary dwelling unit provisions will have a negligible impact on any transportation facility. Therefore, the amendments do not significantly affect any existing or future transportation facilities. Based on the above findings, the amendment is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendments do not affect the Citys provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, Findings - 5 Exhibit A historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendments do not contain any changes that affect the Willamette River Greenway regulations, therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected by these amendments. Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning Goals 16 through 19. (2) The amendment is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. Applicable Metro Plan Policies The following policies from the Metro Plan (identified below in italics) are applicable to this amendment. To the extent that the following policies constitute mandatory approval criteria, based on the findings provided below, the amendments are consistent with and supported by the applicable provisions of the Metro Plan. Residential Land Use and Housing Element A.13 Increase overall residential density in the metropolitan area by creating more opportunities for effectively designed in-fill, redevelopment, and mixed use while considering impacts of increased residential density on historic, existing and future neighborhoods. The intent of the amendment is to create more opportunities citywide for secondary dwellings in areas designed for residential use, consistent with this policy. The standards currently in place for secondary dwellings will continue to apply at this time which will ensure minimal impact on surrounding properties in historic, existing and future neighborhoods. A.17 Provide opportunities for a full range of choice in housing type, density, size, cost and location. A.18 Encourage a mix of structure types and densities within residential designations by reviewing and, if necessary, amending local zoning and development regulations. Consistent with these policies, the amendment provides for more opportunities for smaller housing types within existing and future residential neighborhoods. Findings - 6 Exhibit A Envision Eugene Comprehensive Plan The Envision Eugene Comprehensive Plan does not contain any policies relevant to this amendment. Applicable Refinement Plans Given the broad applicability of this amendment, all adopted refinement plans were reviewed for consistency. No relevant policies were found in the following adopted refinement plans: Bethel-Danebo Refinement Plan (1982) o Bethel-Danebo Refinement Plan Phase II (1977) o Eugene Downtown Plan (2004) o Eugene (EWEB) Downtown Riverfront Specific Area Plan (2013) o Fairmount/U of O Special Area Study (1982) o Laurel Hill Neighborhood Plan (1982) o 19th and Agate Special Area Study (1988) o South Hills Study (1974) o South Willamette Subarea Study (1987) o Walnut Station Specific Area Plan (2010) o Westside Neighborhood Plan (1987) o West University Refinement Plan (1982) o Whiteaker Plan (1994) o Willow Creek Special Area Study (1982) o Findings addressing relevant provisions of applicable refinement plans are provided below. Jefferson Far West Refinement Plan (1983) The following residential policies in the Land Use Element of the plan lend general support for the amendment: 3.0 Encourage a mixture of housing densities and types to allow a diverse population group to live in the area. The amendment is consistent with these policies in that they provide the opportunity for smaller single family housing types. Additionally, the following policies in Land Use Element (following the land use diagram) are relevant: 2. Central Low-Density Residential Area The low-density designation recognizes existing residential development and land uses. The City shall continue to recognize the residential character of the area and provide incentives for public and private rehabilitation of rundown structures. In addition, the City shall encourage block planning, infilling, and shared housing. Access to housing units off of alleys shall be accommodated when not in conflict with other policies and goals. 4. South Low-Density Residential Area This area shall be recognized as appropriate for low-density residential use. The City shall encourage the rehabilitation of rundown structures, block planning, infilling, and shared housing. Findings - 7 Exhibit A 15. Low Density Residential Area This area shall be recognized as appropriate for low-density residential use. The City shall explore methods of encouraging an increase in residential density yet maintaining the character of the area. The City shall encourage block planning, infilling, and shared housing. Access to housing units off of alleys shall be accommodated when not in conflict with other policies and goals. Within all three of these low density residential subareas of the plan, the City is directed to encourage infilling. Consistent with this policy direction, the amendment is intended to encourage compatible infill housing. River Road-Santa Clara Urban Facilities Plan (1987) The following policies from the Residential Land Use section are relevant: 1.0Recognize and maintain the predominately low-density residential character of the area consistent with the Metro Plan. 2.0Provide a diversity of housing types in the area. Available techniques include encouraging reinvestment and rehabilitation of existing housing stock and the use of development standards that provide for clustering or planned unit development. Consistent with these policies, the amendments allow for secondary dwellings (a smaller type of single family housing) in additional areas within these neighborhoods, specifically the AG and R-2 zones. Willakenzie Area Plan (1992) Although there are no policies in this refinement plan that directly address the amendment or constitute mandatory approval criteria, the following land use policies lends general support for the amendment: Residential Policies 1.Maintain the existing low-density residential character of existing Willakenzie neighborhoods, while recognizing the need to provide housing for all income groups in the city. 4. Encourage a mixture of housing densities and types to address the housing needs of a diverse population. The amendment to allow for secondary dwellings in additional residential areas (specifically in the AG, R-2, R-3 and R-4 zones) strike a balance between maintaining the character of existing low density neighborhoods and providing housing for all income levels, consistent with this policy. Based on the above findings, the proposal is consistent with and supported by the applicable provisions of these adopted plans. Findings - 8 Exhibit A (3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in the case of establishment of a special area zone. The amendments do not establish a special area zone. Therefore, this criterion does not apply. Findings - 9 ATTACHMENT B ORDINANCE NO. ________ AN ORDINANCE CONCERNING SECONDARY DWELLINGS AND AMENDING SECTION 9.0500 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. of the Eugene Code, 1971, is amended to provide as follows: 9.0500 Definitions . As used in this land use code, unless the context requires otherwise, the following words and phrases mean: Dwelling, Secondary . \[A dwelling unit that is located on the same lot as a primary one-family dwelling that is clearly subordinate to the primary one-family dwelling, whether a part of the same structure as the primary one-family dwelling or a detached dwelling unit on the same lot. Either the secondary dwelling or the primary dwelling must be occupied by the property owner.\] An interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling. Section 2. The findings set forth in Exhibit A attached to this Ordinance are adopted as findings in support of this Ordinance. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2018 ____ day of _______________, 2018 ____________________________ _____________________________ City Recorder Mayor Exhibit A Findings Secondary Dwellings (Phase 1 Implementation of Senate Bill 1051) (City File CA 18-1) Overview The goal of this proposed land use code amendment is to align the definition of secondary dwelling with the definition provided in Senate Bill 1051 (now codified at ORS 197.312(5)(b)). Findings Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be applied to a land use code amendment: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for community involvement which insure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The code amendments do not amend the citizen involvement program. The process for adopting these amendments complied with Goal 1 because it is consistent with the acknowledged citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on January 30, 2018. A public hearing was held by the Planning Commission on March 6, 2018. On March 26, 2018, the Planning Commission recommended that the City Council approve On March 27, 2018, a Revised Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development, incorporating the Planning A public hearing is scheduled before the City Council for April 16, 2018. Consistent with land use code requirements, the Planning Commission public hearing on the proposal was duly noticed to all neighborhood organizations in Eugene, as well as community groups and individuals who requested notice. In addition, notice of the public hearing was published in the Register Guard. Information concerning the proposed amendments, including the dates of the public hearings, were posted on the City of Eugene website. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the ordinance is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such Findings - 1 Exhibit A decisions and actions. Eugene land use code specifies the procedure and criteria that were used in considering these amendments. The record shows that there is an adequate factual basis for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with all of the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development, as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for these amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendments are for property located within the urban growth boundary and do not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. The amendments are for property located within the urban growth boundary and do not affect any land designated for forest use. Therefore, Statewide Planning Goal 4 does not apply. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a)The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b)The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c)The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. These amendments do not create or amend the Citys list of Goal 5 resources, do not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site and do not amend the acknowledged urban growth boundary. Therefore, Statewide Planning Goal 5 does not apply. Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water Findings - 2 Exhibit A and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The amendments to not affect the Citys ability to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without appropriate safeguards. The amendments do not affect the Citys restrictions on development in areas subject to natural disasters and hazards. Further, the amendments do not allow for new development that could result in a natural hazard. Therefore, Statewide Planning Goal 7 does not apply. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The amendments do not affect the Citys provisions for or access to recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8 does not apply. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregons citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The amendments do not impact the supply of industrial or commercial lands. Therefore, the amendments are consistent with Statewide Planning Goal 9. Goal 10 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires communities to provide an adequate supply of residential buildable land to accommodate estimated housing needs for a 20-year planning period. The Residential Lands Supply Study (2017) was adopted by the City of Eugene as a refinement of the Envision Eugene Comprehensive Plan, and complies with the requirements of Goal 10 and the corresponding Administrative Rule. According to the Residential Lands Supply Study, there is sufficient buildable residential land to meet the identified land need. The amendments do not impact the supply of residential buildable land. No land is being re- designated from residential use to a nonresidential use, and the amendments do not otherwise diminish the amount of lands available for residential use. Findings - 3 Exhibit A Accordingly, the amendments do not impact the supply or availability of residential lands included in inventoried in the acknowledged Residential Lands Supply Study. Therefore, the amendments are consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The amendments do not affect the Citys provision of public facilities and services. Therefore, Statewide Planning Goal 11 does not apply. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The amendments do not change the functional classification of a transportation facility, change the standards implementing a functional classification system or degrade the performance of a facility otherwise projected to not meet performance standards. As such, the amendments do not have a significant effect under (a), (b) or (c). Therefore, the amendments do not significantly affect any Findings - 4 Exhibit A existing or future transportation facilities. Based on the above findings, the amendment is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendments do not affect the Citys provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendments do not contain any changes that affect the Willamette River Greenway regulations, therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected by these amendments. Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning Goals 16 through 19. (2) The amendment is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. Metro Plan The Metro Plan does not contain any policies relevant to this amendment. Envision Eugene Comprehensive Plan The Envision Eugene Comprehensive Plan does not contain any policies relevant to this amendment. Applicable Refinement Plans Given the broad applicability of this amendment, all adopted refinement plans were reviewed for consistency. No relevant policies were found in the adopted refinement plans. Based on the above finding, this criterion is met. (3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in the case of establishment of a special area zone. The amendments do not establish a special area zone. Therefore, this criterion does not apply. Findings - 5