Agenda Packet 5-20-19 Work Session

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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 21 of 32 (3)If the partition tentative plan application is not reviewed concurrently with the tentative PUD, Nno development permit shall be issued by the city prior to approval of the tentative partition application., If the tentative partition is reviewed concurrently with the tentative PUD application, no development permit shall be issued by the city prior to approval of the final PUD application. This change is related to COM-11 (PUD/Subdivision Concurrent Review). The proposed revisions would allow concurrent review of tentative partition applications when the proposal also involves a PUD. 9.8210 Partition, Tentative Plan Application Requirements. In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements apply to partition tentative plan applications: * * * (4)If the proposal includes [needed housing, as defined by State statutes] housing, the written statement submitted with the partition application shall clearly state whether the applicant is electing to use the [general] discretionary approval criteria in EC 9.8215 Partition, Tentative Plan Approval Criteria- General/Discretionary instead of the approval criteria found in EC 9.8220 Partition, Tentative Plan 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 replaces the term “needed housing” with “housing,” consistent with the state law requirement that proposals including housing, not just “needed housing,” are entitled to clear and objective approval criteria. 9.8215 Partition, Tentative Plan Approval Criteria- General/Discretionary. The planning director shall approve, approve with conditions, or deny a partition, with findings and conclusions. Approval, or approval with conditions, shall be based on compliance with the following criteria: 9.8220 Partition, Tentative Plan Approval Criteria- [Needed] Housing/Clear and Objective. Unless the applicant elects to use the discretionary criteria contained in EC 9.8215 Partition, Tentative Plan Approval Criteria- General/Discretionary, for housing applications entitled to clear and objective review pursuant to state statute, Tthe planning director shall approve, conditionally approve, or deny the partition application. [Unless the applicant elects to use the general criteria contained in EC 9.8215 Partition, Tentative Plan Approval Criteria- General, where the applicant proposes needed housing, as defined by State statutes, the planning director shall approve or approve with conditions a partition] based on compliance with the following criteria: [(1) The applicant has demonstrated that the proposed housing is needed housing as defined by State statutes.] *Renumber remaining subsections.* These changes are related to COM-12 (Review Track Renaming) and revise 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.” The changes to EC 9.8220 also relate to COM-01 (Needed Housing Criterion) as they remove subsection (1), the requirement to demonstrate that housing is ‘needed housing,’ consistent with the state law requirement that proposals including housing, not just “needed housing,” are entitled to clear and objective approval criteria. May 20, 2019, Work Session – Item 2