Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 23 of 56 <br />Furthermore, it is unclear over what time period the existing rate of redevelopment is to be <br />measured. Second, requiring cities to make legally challengeable findings regarding a proposed <br />redevelopment and mixed use residential development rate would defeat the purpose of having a <br />simplified process for amending UGBs. <br />Section (7): Next, a city would subtract from its residential dwelling unit need calculation a <br />projection of the number of dwelling units expected to occur as a result of accessory dwelling <br />unit (ADU) construction. Because such units are constructed on developed lots with existing <br />single-family residences, they do not generate additional residential land need. Based upon <br />research of actual accessory dwelling unit rates in Oregon cities, the draft rule proposes that <br />cities be allowed to subtract a number within a range, constituting a percentage of the overall <br />dwelling unit need. For cities with population under 25,000, the range would be between zero <br />and two percent, and for cities with population of 25,000 or greater the range would be between <br />one and three percent of the overall dwelling unit need. <br />Two commenters recommended changes to this section: <br />• 1000 Friends of Oregon recommends that lower levels for smaller cities be set higher <br />than zero, and that all cities be allowed to project up to 5 percent of future units as ADUs. <br />• The Home Builders Association recommends that cities should not be allowed to assume <br />ADUs would be built unless the city actually allows them in its code, and also believes <br />that the current language would allow "double counting" of projected accessory dwelling <br />units as units attributable to redevelopment in subsection (6) of this rule. <br />The department does not concur because: (1) actual data collected regarding accessory dwelling <br />unit construction in Oregon cities finds only one non-Metro city (Medford) with rates above <br />three percent annually, (2) many smaller cities do not allow accessory dwelling units in their <br />zoning codes (almost all larger cities allow accessory dwelling units in their zoning codes), and a <br />non-zero minimum accessory dwelling unit assumption for such cities will act as an incentive for <br />them to amend their zoning codes to permit ADUs, and (4) it is clear from the context, and it is <br />the intent of this rule, that accessory dwelling units cannot be "double counted" as <br />redevelopment units. <br />Sections (8) and (9): These sections require cities to determine a final residential dwelling unit <br />need after all of the adjustments carried out in sections (3) through (7). The remaining need must <br />then be accommodated on vacant and partially vacant land either within the current UGB or, if <br />the current UGB cannot accommodate the need, on lands added to the UGB. <br />0040: Determine the Mix of Dwelling Units Needed (Page 8) <br />General: Before calculating residential land need, a city must determine an appropriate mix of <br />low density, medium density, and high density residential development. This rule provides the <br />process by which a city comes to that determination. <br />