Agenda Packet 11-26-18 Work Session

Home Browse Search

CLEAR & OBJECTIVE HOUSING: APPROVAL C RITERIA UPDATE November 13, 2018 DRAFT Preferred Concepts Report: Maintenance Issues Page 7 of 59 COM-01 (N EEDED HOUSING CRITERION) Description : Each of the five land use application types includes an approval criterion that requires the applicant to demonstrate that the proposed housing is “needed housing” as defined by State statutes. Applies To : Conditional Use, Partition, Planned Unit Development, Site Review, Subdivision Existing Code Section(s): EC 9.8100(1), EC 9.8220(1), EC 9.8325(1), EC 9.8445(1), EC 9.8520(1) Existing Code Language : (1) The applicant has demonstrated that the proposed housing is needed housing as defined by State statutes. Recommendation : Remove criterion that requires applicant to demonstrate that the proposed housing is needed housing from the approval criteria for conditional use, partition, planned unit development, site review, and subdivision applications. This criterion is no longer relevant, because, as a result of recent changes to State law, all housing, not just needed housing, must have access to a clear and objective review track. Senate Bill 1051, which became effective in August 2017, amended ORS 197.307(4) to require local governments “adopt and apply only clear and objective standards, conditions and proc edures regulating the development of housing, including needed housing.” Previously, the statute only applied to “needed housing on buildable land.” With the revision to the statute, it is clear that all housing in Eugene is entitled to a clear and objective path to approval. COM-02 (APPLICABLE STANDARDS REFERENCE) Description : One of the conditional use permit approval criteria under the clear and objective track requires compliance with “all applicable standards including, but not limited to” those stand ards listed in the subsection. This wording is inconsistent with similar criteria for other application types, which require compliance with “all of the following” standards and include a comprehensive list of standards. In addition, the list of standards for clear and objective conditional use applications does not include several standards addressed under the discretionary track. Applies To : Conditional Use Existing Code Section(s): EC 9.8100(4) Existing Code Language : (4) The proposal complies with all applicable standards, including, but not limited to: (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (b) EC 9.6710(6) Geological and Geotechnical Analysis. (c) EC 9.6730 Pedestrian Circulation On-Site. (d) EC 9.6735 Public Access Required. (e) EC 9.6750 Special Setback Standards. November 26, 2018, Work Session – Item 2