9.8100 Conditional Use Permit Approval Criteria – 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 discretionary criteria contained in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary, where the applicant proposes housing, the hearings official shall approve or approve with conditions a conditional use based on compliance with the following criteria:
(1) The proposal complies with EC 9.5860 Transition Standards.
(2) If applicable, the proposal complies with the standards contained in EC 9.5500 Multiple-Unit Standards.
(3) For areas not included on the city’s acknowledged Goal 5 inventory, the proposal will preserve existing natural resources by compliance with the provisions of EC 9.6880 to EC 9.6885 Tree Preservation and Removal Standards.
(4) The proposal complies with:
(a) EC 9.2000 through EC 9.4170 regarding lot dimensions and density requirements for the subject zone and any applicable overlay zones.
(b) EC 9.6500 through EC 9.6505 Public Improvement Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas – Standards.
(d) EC 9.6710(6) Geological and Geotechnical Analysis.
(e) EC 9.6730 Pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6791 through 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance.
(k) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways.
(l) All other applicable development standards for features explicitly included in the application.
(m) 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.
(5) Public improvements as required by this land use code or as a condition of approval will be 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.
(6) If the standards addressed under EC 9.8100(4) require a public street, or if the applicant proposes the creation of a public street, the proposal will provide pedestrian and bicycle circulation to transit stops and neighborhood activity centers located within 1/4 mile of the development site, provided the city makes findings to demonstrate consistency with constitutional requirements. The distance between the development site and a transit stop or neighborhood activity center shall be determined using the shortest distance as measured in a straight line between a point along the perimeter of the development site and:
(1) A sign identifying a transit stop; or
(2) A point along a property line of a neighborhood activity center.