APRIL 16, 2018
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: Local Implementation of Legislation Related to Secondary Dwellings
Meeting Date: January 17, 2018 Agenda Item Number: B
Time and Location
City Council meetings are held on the second and fourth Mondays of each month at 7:30 pm in Harris Hall of the Lane County Public Service Building, 125 East 8th Avenue
City Council Public Hearings are an opportunity for the community to speak about a specific issue prior to the Council taking any legal action on the issue. Public Hearings typically occur on the third Monday of each month at 7:30 pm.
City Council Work Sessions occur before each Monday meeting at 5:30 pm and at 12 pm on the second, third, fourth, and fifth Wednesday of each month. Work Sessions are often dedicated to one or more specific topics presented by City staff, which is then followed by a policy discussion from City Council.
2018 Eugene City Council
JUNE 27, 2016
JULY 9, 2018
Mike Clark - Ward 5 Greg Evans - Ward 6 Claire Syrett - Ward 7 Chris Pryor - Ward 8
NOVEMBER 28, 2016
OCTOBER 23, 2017
The Eugene Grannies public testimony "rap" to divest from pipeline banks.
Raging Grannies Eugene
GRANNIES PUBLIC TESTIMONIES IN SONG
Mayor Lucy Vinis Emily Semple - Ward 1 Betty Taylor - Ward 2 Alan Zelenka - Ward 3 Jennifer Yeh - Ward 4
All City Council Meetings Are Open to the Public
Members of the public are welcome and encouraged to attend City Council meetings. Regular meetings include a Public Forum, which is an opportunity for the public to provide input or commentary on any issue or topic they wish to raise to City Council.
BEFORE THE CITY COUNCIL OF EUGENE, OREGON,
is an ordinance concerning the protection of the health, safety, and welfare of residents and ecosystems of
Eugene, Oregon, recognition of duties under the Public Trust Doctrine and the Right of the People and our
Posterity to a livable future, creation of a Climate Recovery Plan, and the addition of a "Climate and Future Generations"
chapter to the Eugene Code.
"The Eugene City Council voted unanimously (6-0) on a package of motions to officially adopt science-based emissions reductions at the July 27, 2016 Council work session. This is a huge step forward in the effort to strengthen Eugene's one-of-a-kind Climate Recovery Ordinance. Kudos to Our Children's Trust, Millennials for Climate, 350 Eugene, Eugene's Sustainability Commission and the Raging Grannies for their efforts engaging the councilors on this issue. Following the official vote later this summer, our goal will be to encourage the Council and City Manager's office to roll out a vigorous, timely public engagement process and to establish clearly defined benchmarks and timelines for emissions reductions by the end of the year." Video - Grannies singing "The Granny Buffalo Song" and "Our Children's Trust Anthem".
DIVESTMENT: After the Trump administration’s reckless decision to exit the Paris climate agreement, many people are looking to divest their money from fossil fuels as a way to fight back.
In June, 2017 the Sierra Club joined 15 leading national social change organizations representing 13 million members, and announced that they too were divesting organizational money from ‘pipeline banks’ and instead choosing to bank in alignment with their social values.
We are hoping that the Eugene City Council will follow their lead!
Grannies sing "Eugene Belongs to You and Me"
In support of a city resolution to restrict explosive and toxic oil by rail through our residential and commercial areas, waterways, and forest lands.
Video above Grannies fearlessly delivering our message.
INTRODUCTION: Someone once said that continuing to do the same thing and expecting a different outcome is a definition of insanity. We aren't sure what the Eugene City Council meant by "reducing fossil fuel usein it's 2015 climate progress report" but if you really intent to make a reduction you have to stop supplying an infrastructure like the "30th Street Pipeline Project" that encourages the use of fossil fuels. So we leave you with these words....
APRIL 16, 2018
LOCAL IMPLEMENTATION OF LEGISLATION RELATED TO SECONDARY DWELLINGS
The focus of this work session will be recent legislation related to housing affordability.
Specifically, the City Council will be provided with an overview of a new provision in state law
related to the allowance of secondary dwellings that will require changes to Eugene’s land use
To address housing affordability, the Oregon State Legislature adopted Senate Bill (SB) 1051 during
the 2017 legislative session. This bill, which became effective August 15, 2017, had support at the
state level from both 1000 Friends of Oregon and the Oregon Home Builders Association. It contains
a number of new provisions in state law intended to facilitate housing affordability, including
requirements for expediting affordable housing permits, defining “needed housing” as all housing,
allowing religious institutions to use their property to develop affordable housing, and requiring
cities to allow for accessory dwelling units in single‐family neighborhoods.
Pertinent to this work session is the provision in SB 1051 related to accessory dwelling units
(known as secondary dwelling units or SDUs in Eugene), which requires:
“A city with a population greater than 2,500 or a county with a population
greater than 15,000 shall allow in areas zoned for detached single‐family
dwellings the development of at least one accessory dwelling unit for each
detached single‐family dwelling, subject to reasonable local regulations
relating to siting and design.”
An accessory dwelling unit as defined by the bill means an interior, attached or detached residential
structure that is used in connection with or that is accessory to a single‐family dwelling. The bill
further requires that the above provision apply to permit applications for accessory dwelling units
submitted for review on or after July 1, 2018.
Although the general intent of the new law is evident (cities must allow accessory dwellings), the
direction provided within the text is vague. As written, it does not provide clear direction as to which
zones accessory dwelling should be allowed in, nor does it provide any guidance as to what
“reasonable regulations relating to siting and design” might be or not be. This lack of clarity is
problematic for all cities working to implement the new law by the July 1, 2018, deadline.
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 and parking. Secondary dwellings are
also allowed in certain special area zones (including Chambers, Chase Node, Downtown Westside,
Royal Node, Whitetaker and Walnut Station) subject to development standards. The standards that
apply to secondary dwellings in the R‐1 Low Density Residential zone were most recently changed in
2014 as part of the Single Family Code Amendments with the intent of providing greater protections
for neighborhood livability.
Since the adoption of SB 1051, staff have been monitoring how other jurisdictions are interpreting
and considering implementation of the requirement related to accessory/secondary dwellings.
We’ve also had informal conversations with several interested parties, including Housing Policy
Board and Sustainability Commission members on subcommittees looking at alternative housing
types, members of Walkable Eugene Citizen’s Advisory Network, and neighborhood advocates.
The City Council has also been hearing from numerous interested parties at public forums and via
email and letters. From these communications, we’ve heard a range of perspectives, including:
Cities across the state are struggling with the vague language of the bill.
Housing affordability has been identified by many as a major issue in our community.
Missing middle housing types, including secondary dwellings, have been identified as a
potential tool for addressing housing affordability.
There is interest in re‐evaluating our land use code and permit processes to identify
and remove barriers to secondary dwellings.
There is concern that any changes to the existing secondary dwelling standards will
result in loss of protection of livability to neighborhoods.
Maintaining neighborhood livability while providing for housing affordability is a
widely shared value.
We’ve also had conversations with the Oregon Department of Land Conservation and
Development (DLCD), which is considering proposing legislation at the upcoming legislative
session beginning in early February, to provide more clarity about how the new law applies and
potentially extending the July 1, 2018, deadline.
Based on our analysis, we believe it is prudent for the City to take some action to implement SB
1051 before the legislative deadline. At the same time, we are also aware that our community
highly values both housing affordability and neighborhood livability, and that community
conversations around these topics are evolving.
To implement SB 1051 in a way that is both responsible and responsive to diverse interests, staff
recommends a phased approach. This approach would allow the land use changes to be completed
in two phases, as further described below. At the work session, staff will cover this approach in
Phase 1: The first phase would begin immediately following City Council initiation and consist
of limited changes solely aimed at compliance with the bill’s requirement to allow secondary
dwellings in areas zoned for detached single family homes by the July 1, 2018, deadline. The
existing development standards (height, setback, etc) would remain in effect for all zones.
Phase 2: This phase would begin following adoption of Phase 1 and consist of a review and
potential update of our existing development standards for secondary dwellings through an
inclusive community process. This would allow for the emerging community conversations
around housing affordability and neighborhood livability to inform potential changes.
Any updates to the City’s land use code require City Council to initiate the process. Council
initiation only begins the public process through which the Planning Commission and City Council
will consider the merits of the changes, and does not infer support for any proposed changes. The
formal adoption process for an amendment to the land use code includes notice to DLCD and
interested parties, a public hearing before the Planning Commission which provides a
recommendation to City Council, a public hearing before the City Council, and action by the City
Council. Staff will return on January 22, 2018, to request City Council initiation.
JUNE 12, 2017