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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, the planning director shall approve, conditionally approve, or deny the partition application based on compliance with the following criteria:

(1) The proposed partition complies with all of the following:

(a) EC 9.2000 through 9.4170 regarding applicable parcel dimensions and density requirements for the subject zone and any applicable overlay zones. 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:

1. The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or

2. The /WQ Management Area.

(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways.

(c) EC 9.6500 through EC 9.6505 Public Improvement Standards.

(d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas – Standards.

(e) EC 9.6710(6) Geological and Geotechnical Analysis.

(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) All other applicable development standards for features explicitly included in the application.

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.

(2) The proposed partition will not cause any existing improvements on proposed lots to be inconsistent with applicable standards in this land use code.

(3) If the provisions of EC 9.8220(1) require a public street, or if the applicant proposes the creation of a public street, the following criteria also apply:

(a) The proposed land uses and densities within the partition are consistent with the land use designation(s) shown on the comprehensive plan diagram, as refined in any applicable refinement plan.

(b) The proposal will provide pedestrian circulation to transit stops and neighborhood activity centers located within 1/4 mile of the development site and bicycle circulation to transit stops and neighborhood activity centers located within 2 miles of the development site, provided that 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.

(4) On R-1 zoned property, if the partition results in a parcel greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of parcel lines and other details of layout that show future division may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. Any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval.

(5) If the applicant elects to use the expedited land division procedures in EC 9.7900 through EC 9.7925, the application must meet the following additional approval criteria:

(a) The partition only includes land zoned for residential uses;

(b) The parcels created will only be developed for residential use, including recreational or open space accessory to residential use;

(c) The parcels created will allow construction of residential units at a density of 80 percent or more of the maximum net density per acre permitted in the zone and identified in Table 9.2750; and

(d) Existing and future dwellings located on the property that is the subject of the partition application will be sold or rented to households with incomes below 120 percent of the median family income for Lane County.

(Section 9.8220, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20285, enacted March 10, 2003, effective April 9, 2003; administratively corrected July 9, 2003; amended by Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003; amended by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006; amended by Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; by Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; and amended by Ordinance 20430, enacted March 9, 2009, effective June 10, 2009; amended by Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014; Ordinance No. 20569, enacted November 14, 2016, effective December 17, 2016; Ordinance No. 20584, enacted July 17, 2017, effective August 24, 2017; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023.)