Would you like to build a Accessory Dwelling Unit on your property?  Or would you or someone in your family like to live in one?  The Oregon Legislature, in SB 1051, says you should be able to.

Council deliberated on ADUs at several work sessions through out the fall of 2019, finally passing updated ADU code on January 21st, 2020. The updated code removed those barriers to ADUs that had been specifically spelled out by either the Land Use Board of Appeals or the State Legislature as being illegal (such as owner occupancy requirements), but left in place most other restrictions, including additional unreasonable regulations such as lot size minimums.

The City’s most recent attempt is being appealed to the Land Use Board of Appeals.

A public hearing related to proposed code amendments occurred on May 20th, 2019. The City’s draft code removes a few of the unreasonable regulations, but retains many more. Find out more.

Specifics of concerns with the City’s Draft Ordinance

Analysis of the proposed ADU ordinance in light of HB 2001 and LUBA decisions.

2-24-19: Eugene has started the process to modify its ADU code in response to the remand from the State Land Use Board of Appeals— but unfortunately, they are working to keep all the barriers they think they can get away with. Watch Council’s Work Session. Of 19 identified topics, Council only requested the removal of 5, primarily related to occupancy requirements, such as owner-occupancy mandates and occupancy limits. Council requested that staff leave other major barriers such as minimum lot sizes in the code.

Eugene has some of the most restrictive ADU regulations in the state. See a detailed analysis of Eugene’s ADU code in comparison with other similar cities.

After draft code is written, there will be a public hearing prior to Council’s vote on new code.

January, 2019: The City of Eugene has failed to initiate the promised “Phase II” of the ADU project, the part that would theoretically address the zoning barriers to ADUs and bring us into compliance with SB 1051. This was appealed to the State Land Use Board of Appeals, who sent Eugene’s code back to the city to be reviewed.

Read: A Timeline of ADUs in Eugene
More Info: How the Code Gets Changed

In June 2018, Eugene City Council decided not to remove barriers to Accessory Dwelling Units as required by SB 1051, instead making minor changes with little impact:

• Secondary Dwelling Units are now officially called Accessory Dwelling Units.

• In some zones, if you could previously build an additional dwelling on your lot, you can now call it an Accessory Dwelling Unit, unless you live in the Chambers or Jefferson Westside Special Area Zones, where you can now explicitly NOT build an Accessory Dwelling Unit, just a second dwelling on some lots.

You can let Council know what you think about this by emailing mayorcouncilandcitymanager@ci.eugene.or.us.  

On April 16th, City Council heard public comment about how  Eugene will comply with SB 1051 and permit every single-family homeowner who wants to to be allowed to develop a secondary dwelling unit.  In a marathon hearing, Council heard from over 30 people who want to see SDUs be easier in Eugene now.  Get Involved.
 
Planning Commission forwarded its recommendation to Council on March 26th.  The recommendation indicated that the following changes needed to be made in order to bring Eugene into compliance with state law:

• Adds Secondary Dwelling Units as a permitted use in zones that allow detached single family dwellings but do not currently allow Secondary Dwelling Units (such as higher density residential zones.)

• Re-writes Eugene’s Definition of Secondary Dwelling Units to match state language in SB 1051 regarding Accessory Dwelling Units.

• Closes a loophole in Eugene code that permits places of worship to develop one or more than three affordable housing units on their property, but not two.

Unfortunately, Planning Commission’s recommendation omits referring changes to several areas in Eugene’s code that would result in Eugene remaining out of compliance with state law.  Unless Council acts, two roadblocks which are clearly not regulations related to siting or design will remain in the code—Owner-Occupancy Requirements and Lot Size Minimums.  Lot Size Minimums prohibit nearly 5,000 homeowners from being able to construct a ADU and are specifically recommended against by the Oregon Department of Land Conservation and Development’s guidelines on implementing SB 1051.  Owner-Occupancy Requirements do not regulate the building—they regulate who can live there.

What is SB 1051?

SB 1051,  passed by the State legislature  in July,  2017, says that by July 1, 2018:

This means that by July, 2018, jurisdictions, like Eugene, must remove restrictions in their zoning code that prohibit each single family dwelling from developing a secondary dwellings if they so desire..  They can maintain reasonable regulations related to “siting and design”--i.e., where the building sits on a lot (such as setback requirements), and what it looks like (height limitations, etc.) 

At the recommendation of staff, on January 22nd, 2018 City Council initiated a two phase process for compliance with SB 1051 by July 1.  Phase One would make minor code adjustments affecting only zones where single family homes were permitted but SDUs were not, and Phase Two would involve a community process to discuss what design and siting requirements might be reasonable in R-1 residential neighborhoods.   However, a public testimony before the Planning Commission and additional guidance released by the Department of Land Conservation and Development suggested that Eugene would need to remove additional restrictions in the code by July 1 to be in compliance with the new state law.   

Why is this important?

Eugene is facing a housing shortage that is affecting residents across all income levels.  There just simply isn't enough housing in our community for everyone who wants to live here, resulting in rising prices for both homeowners and renters.  More and more people being priced out of Eugene's housing market or pay un-affordable costs to continue living here.  
 
Encouraging  secondary dwelling units is  the most basic, non-controversial first step to addressing the  housing crisis.  Secondary Dwelling Units are smaller units that are built in conjunction with an detached single family home-- either as  a backyard cottage or as  a basement, attic, garage, or spare room converted  into a separate living unit.
 
SDU’s are the epitome  of small-scale, incremental infill: individual projects, typically taken on by an existing homeowner rather than a large developer, and often intended to provide housing for a family member  They preserve the existing home, and can provide rental income that can make the existing home more affordable to the homeowner.  Of all the methods of providing  additional housing in our community, SDU’s have the least impact on existing neighborhoods.  
 
Tell Council you want them to take the housing crisis seriously.  Get Involved.

Resources

SB 1051 Text
Cottage Code Amendments
SB 1051 Analysis
City of Eugene Materials
Cottage Code Amendments Letter
WE CAN Planning Commission Letter
WE CAN City Council Letter
DLCD Guidance
Planning Commission Materials