Agenda Packet 5-20-19 Work Session

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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 18 of 32 9.8055 Cluster Subdivision- Approval Criteria – General/Discretionary. The planning director shall approve, approve with conditions, or deny a proposed cluster subdivision. Approval or approval with conditions shall be based on the following: (1)The proposed subdivision complies with: (a)EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General/Discretionary except for the standards related to EC 9.2760 Residential Zone Lot Standards; and This change is related to COM-12 (Review Track Renaming) and revises code references to the currently named General tracks. The General track is proposed to be called “General/Discretionary.” 9.8085 Conditional Use Permit Application Requirements. * * * (3)If the proposal includes [needed housing, as defined by state law] housing, the written statement submitted with the conditional use permit application shall clearly state whether the applicant is electing to use the [general] discretionary approval criteria in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary instead of the approval criteria found in EC 9.8100 Conditional Use Permit Approval Criteria – [Needed] Housing/Clear and Objective. This change is related to COM-12 (Review Track Renaming) and revises code references to the currently named General and Needed Housing tracks. The General track is proposed to be called “General/Discretionary” and the Needed Housing track is proposed to be called “Housing/Clear and Objective.” It also revises subsection (3) consistent with state law requirement that proposals including housing, not just “needed housing,” are entitled to clear and objective approval criteria. 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary. A conditional use permit shall be granted only if the proposal conforms to all of the following criteria: This change is related to COM-12 (Review Track Renaming) and revises code references to the currently named General track. The General track is proposed to be called “General/Discretionary.” 9.8100 Conditional Use Permit Approval Criteria- [Needed] Housing/Clear and Objective. The hearings official shall approve, conditionally approve, or deny the conditional use permit application. Unless the applicant elects to use the [general] discretionary criteria contained in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary, where the applicant proposes [needed housing, as defined by the State statutes] housing, the hearings official shall approve or approve with conditions a conditional use based on compliance with the following criteria: This change is related to COM-12 (Review Track Renaming) and revises code references to the currently named General and Needed Housing tracks. The General track is proposed to be called “General/Discretionary” and the Needed Housing track is proposed to be called “Housing/Clear and Objective.” This change also clarifies that this section is only applicable to “housing applications entitled to clear and objective review pursuant to state statute.” (1)[The applicant has demonstrated that the proposed housing is needed housing as defined by State statutes.] The proposal complies with EC 9.5860 Transition Standards. May 20, 2019, Work Session – Item 2