Agenda Packet 5-20-19 Work Session

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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 19 of 32 This change implements COS-01 (Clear & Objective Compatibility). The replacement text points to proposed new transistion standards. For ease of use and code efficiency (as the standards will apply to three application types), the new transition standards are proposed to be located under EC 9.5860 Transition Standards for Housing/Clear and Objective Applications. Applicability is clear as the approval criteria for each of the three application types will include a criterion requiring compliance with the transition standards. In addition, the transition standards start with an applicability statement that identifies the three application types and proposed uses subject to the standards. (3)For areas not included on the city’s acknowledged Goal 5 inventory, the proposal will preserve existing natural resources by compliance with [all of the following: (a)The proposal complies with] the provisions of EC 9.6880 to EC 9.6885 Tree Preservation and Removal Standards. [(b) Natural resource areas designated on the comprehensive plan diagram as “Natural Resource” are protected. Protection shall include the area of the resource and a minimum 50 foot buffer around the perimeter of the natural resource area.] This change is related to COM-09 (Natural Resource Protection Requirement). The proposed change revises the criterion to remove subsection (b) per the recommendation outlined in the Draft Preferred Concepts Report. (4)The proposal complies with [all applicable standards, including, but not limited to: (a)EC 9.2000 through EC 9.4170 regarding lot dimensions and density requirements for the subject zone and overlay zone. (b)EC 9.6500 through EC 9.6505 Public Improvement Standards. *Renumber remaining subsections* ** * (i)EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways. (j)All other applicable development standards for features explicitly included in the application. (ik) An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. This change to subsection (a) is related to COM-02 (Applicable Standards Reference for CUPs) and would add clarity around which development standards apply; and COM-04 (Overlay Zone Standards) as it would extend the range of the referenced code sections to include all overlay zones. The changes to subsections (b), (i), and (j) are related to COM-02 (Applicable Standards Reference for CUPs) and would require compliance with additional development standards. (5)Public improvements as required by this land use code or as a condition of [tentative plan] approval will be [have been] completed prior to issuance of a development permit, or: (a)A performance bond or suitable substitute as agreed upon by the city has been filed with the city finance officer in an amount sufficient to assure the completion of all required public improvements; or (b)A petition for public improvements and for the assessment of the real property for the improvements has been signed by the property owner seeking the conditional use permit, and the petition has been accepted by the city engineer.May 20, 2019, Work Session – Item 2