9.8325 Tentative Planned Unit Development Approval Criteria – Housing/Clear and Objective.
Unless the applicant elects to use the discretionary criteria contained in EC 9.8320 Tentative Planned Unit Development Approval Criteria – General/Discretionary, for housing applications entitled to clear and objective review pursuant to state statute, the hearings official shall approve, conditionally approve, or deny the PUD application based on compliance with the following criteria:
(1) The proposal complies with EC 9.5860 Transition Standards.
(2) The proposed land uses and densities within the PUD are consistent with the land use designation(s) shown on the comprehensive plan diagram, as refined in any applicable refinement plan.
(3) For areas not included on the city’s acknowledged Goal 5 inventory, the PUD preserves existing natural resources by compliance with the provisions of EC 9.6880 to EC 9.6885 Tree Preservation and Removal Standards
(4) The PUD provides safe and adequate transportation systems through compliance with all of the following:
(a) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways.
(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.
(5) The PUD complies with all of the following:
(a) EC 9.2000 through EC 9.4170 regarding applicable lot 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.
(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) All applicable development standards explicitly addressed 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.
(6) The applicant has demonstrated that wastewater service, transportation service, stormwater service, water service, and electrical service will be provided to the site prior to the need for those facilities and services. Where the facility or service is not already serving the site, this demonstration requires evidence of at least one of the following:
(a) Prior written commitment of public funds by the appropriate public agencies.
(b) Prior acceptance by the appropriate public agency of a written commitment by the applicant or other party to provide private services and facilities.
(c) A written commitment by the applicant or other party to provide for offsetting all added public costs or early commitment of public funds made necessary by development, submitted on a form acceptable to the city manager.
(7) PUDs proposed on development sites that are two acres or larger must comply with either subparagraph (a) or (b), below:
(a) The PUD is located within 1/2-mile of a public park, public recreation facility, or public school (determined using the shortest distance as measured along a straight line between a point along the perimeter of the development site and a point along a property line of a public park, public recreation facility, or public school); or
(b) The PUD shall provide common open space within the development as follows:
1. Common Open Space Area.
a. If the average lot area is equal to or greater than the minimum lot area of the base zone, then the PUD shall provide common open space within the development site equal to a minimum of 10 percent of the net acres of the development site or 14,500 square feet, whichever is greater.
b. If the average lot area is below the minimum lot area of the base zone, then the PUD shall provide common open space within the development site equal to a minimum of 15 percent of the net acres of the development site or 14,500 square feet, whichever is greater.
For the purpose of this subparagraph, net acres means the total development site area minus area(s) for public or private streets. In no case shall the common open space requirement exceed one acre.
2. Common open space shall be provided in one separate tract of land, except that developments providing more than 29,000 square feet of common open space may include up to three common open space tracts provided no tract is less than 14,500 square feet.
3. Ownership of the common open space tract(s) must be dedicated to all lot or parcel owners within the development site.
4. Each common open space tract must include a portion with minimum dimensions of 70 feet by 70 feet.
5. Except where each lot or parcel in the development abuts one or more of the common open space area(s), common open space tracts must have a minimum of 10 feet of lot frontage along an existing or proposed public way or private street.
6. Common open space tracts do not have to meet lot standards.
(c) For proposals that include multiple-unit development, compliance with subparagraph (a) or (b) shall constitute compliance with the requirements of EC 9.5500(9).
(8) For any PUD located within or partially within the boundaries of the South Hills Study, the following additional approval criteria apply:
(a) No development shall occur on land above an elevation of 901 feet except that either middle housing or one single-unit dwelling may be built on any lot in existence as of August 1, 2001.
(b) Development on any portion of the development site located above 900 feet elevation shall be set back at least 300 feet from the ridgeline unless there is a determination by the city manager that the area is not needed as a connection to the city’s ridgeline trail system. For purposes of this section, the ridgeline shall be considered as the line indicated as being the urban growth boundary.
(c) Residential density is limited as follows:
1. In the area west of Friendly Street, the maximum level of new development per gross acre shall be 8 units per acre.
2. In the area east of Friendly Street, the maximum level of new development per gross acre shall be limited to 5 units per acre.
3. Housing developed as Controlled Income and Rent Housing shall be exempt from the density limitations in subsections 1 and 2 above, but are subject to the other applicable development standards and review procedures.
4. This subsection (c) does not preclude middle housing or the addition of an accessory dwelling on any legal lot.