Agenda Packet 5-20-19 Work Session

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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 31 of 32 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.” 9.8520 Subdivision, Tentative Plan Approval Criteria – [Needed] Housing/Clear and Objective. Unless the applicant elects to use the discretionary criteria contained in EC 9.8515 Subdivision, 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 subdivision application. [Unless the applicant elects to use the general criteria contained in EC 9.8515 Subdivision, Tentative Plan Approval Criteria-General, where the applicant proposes needed housing, as defined by the State statutes, the planning director shall approve or approve with conditions a subdivision] 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 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. (32) The proposed subdivision complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone: (a) EC 9.2000 through [9.3980] EC 9.4170 regarding applicable lot dimensions and density requirements for the subject zone and overlay zone. Within the /WR Water Resources Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either: The change to subsection (a) is related to COM-04 (Overlay Zone Standards) as it would extend the range of the referenced code sections to include all overlay zones. (5) [There shall be no proposed grading on portions of the development site that meet or exceed 20% slope.] *Renumber remaining subsections.* The removal of subsection (5) from the tentative subdivision approval critiera implements COS -03 (20 Percent Slope Grading Prohibition). Slope stability in the context of road layout and lot locations will be addressed under the revised geotechnical requirement (see related issue COS-13 and revisions at EC 9.6710). (64) The proposed subdivision provides [safe and adequate transportation systems through compliance with the following:] for the [(a) P] provision of pedestrian, bicycle and transit circulation among buildings located within the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and May 20, 2019, Work Session – Item 2