Council requests that most barriers to ADUs be left in draft code

In 2017, the Oregon legislature passed SB 1051, which states that cities like Eugene must allow each single family homeowner to develop an Accessory Dwelling Unit (ADU) if they so desire, subject only to "reasonable regulations related to siting and design."  The state Land Use Board of Appeals found Eugene's response to SB 1051 inadequate, and directed the City to try again.  Last Wednesday, the City Council met to discuss what to do about ADU's.

City Council's Decision: Let's keep as many barriers against ADU's as possible.

Council reviewed 19 separate restrictions placed on ADUs.  Five of the restrictions were so obviously not "reasonable restrictions related to siting and design" that they would be nearly impossible to defend, so Council directed staff to removed them from the draft code. For fourteen of the nineteen, Council requested that staff keep the restrictions in place, and directed staff to come up with some legal justification for the restriction. (See details of the 19 restrictions, Council's action and WE CAN's recommendations at the end of this posting.)

Council has been talking for over a year now about how to remove barriers to housing affordability, availability, and diversity of type.  But when given an opportunity to take action to make it easier to create and find housing in Eugene, Council polled to keep those barriers in place.

Watch the work session, and let Council know what you think.  They can be reached via email at: mayorcouncilandcitymanager@ci.eugene.or.us
 

What comes next?

City staff will create a draft ordinance following Council's instructions, and then hold a public hearing on that draft ordinance. Look for more information as soon as it is scheduled, but likely in the spring.  City Council will consider revising the draft ordinance based on public input (both written and oral) and the vote on the new code language.
 

How Does Eugene Compare to Other Cities in Oregon?

Eugene has among most restrictive regulations on ADUs in the state.  In respond to SB 1051, many other cities have reviewed their code and removed barriers to ADUs.  For a lengthy analysis of how various cities have addressed ADU regulations, click here.  Of the 16 comparably cities reviewed:

  • Every other city that revised their code removed requirements for owner-occupancy

  • No other city explicitly counts ADUs in maximum density limits

  • No other city requires a minimum lot size for ADUs in the way that Eugene does

  • No other city restricts the height of ADUs as strictly as Eugene


Eugene is distinctive and amazing in many ways.  But being the city that makes it the hardest to create ADUs is not a distinction we want.
 

The Details:

The below chart shows the 19 items Council examined, and the results of their straw poll regarding keep or remove.  The original chart can be found in the agenda for the 2-20 work session.

  • Minimum Lot Size: Council says keep; should be removed

  • Maximum Density: Council says keep; should be removed

  • Lot Dimension Requirements for the University Neighborhoods: Council says keep; should be removed

  • Off-street Parking Minimums: Council says keep; should be removed

  • Building Height/Sloped Setback: Council says keep; should be revised to ensure reasonablness

  • Maximum Lot Coverage: Council says keep; should be revise to remove separate regulation for university area

  • Building Size: Council says keep; should be revised to remove size requirement based on lot size

  • Outdoor storage/Trash Screening: Council says keep; should be removed

  • Prohibition on Alley Access Lots: Council says keep; should be removed

  • Alley Access Parking/Driveway requirements: Council says keep; should be revised

  • Outdoor living area: Council says keep; can be kept

  • Pedestrian Access requirement: Council says keep; can be kept

  • Minimum Attachment: Council says keep; can be kept

  • Vehicle Use Area limit: Council says keep; can be kept

  • Owner Occupancy Requirement: Council says remove; should be removed

  • Maximum Bedroom Limit: Council says remove; should be removed

  • ADU-specific Maximum Occupancy: Council says remove; should be removed

  • ADU-specific dog keeping limit: Council says remove; should be removed

  • Prohibition on Alley Access Lots: Council says remove; should be removed