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The 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.

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

(3) 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 regarding lot dimensions and density requirements for the subject 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:

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 9.6730 Pedestrian Circulation On-Site.

(g) EC 9.6735 Public Access Required.

(h) EC 9.6750 Special Setback Standards.

(i) EC 9.6775 Underground Utilities.

(j) EC 9.6780 Vision Clearance Area.

(k) 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.

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.

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

(5) There shall be no proposed grading on portions of the development site that meet or exceed 20% slope.

(6) The proposed subdivision provides safe and adequate transportation systems through compliance with the following:

(a) 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 industrial parks, provided the city makes findings to demonstrate consistency with constitutional requirements. “Nearby” means uses within 1/4 mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists.

(b) The street layout of the proposed subdivision shall disperse motor vehicle traffic onto more than one public local street when the subdivision exceeds 19 lots or when the sum of proposed subdivision lots and the existing lots utilizing a local street as the single means of ingress and egress exceeds 19.

(7) For areas not included on the city’s acknowledged Goal 5 inventory, the subdivision will preserve existing natural resources by compliance with all of the following:

(a) The proposal complies with EC 9.6880 through EC 9.6885 Tree Preservation and Removal Standards.

(b) Natural resource areas designated on the comprehensive plan diagram as “Natural Resource.”

(8) On R-1 zoned property, if the subdivision results in a lot greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of lot 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.

(9) The subdivision complies with development standards explicitly addressed in the application or is granted adjustments thereto pursuant to the provisions beginning at EC 9.8015 of this land use code.

(10) Where all or a portion of a development site is within the South Hills Study and above 700 feet in elevation, the proposed development shall have received initial approval through the Planned Unit Development process. Where all or a portion of the development site is within the South Hills Study and is between 500 feet and 701 feet, and the development site is at least 4 acres with areas of the development site containing slopes that exceed 20%, the proposal shall have received initial approval through the Planned Unit Development process.

(11) 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 subdivision only includes land zoned for residential uses;

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

(c) The lots 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 subdivision application will be sold or rented to households with incomes below 120 percent of the median family income for Lane County.

(Section 9.8520, 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; Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003; administratively corrected March 15, 2005; amended by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006; Ordinance No. 20353, enacted November 28, 2005, effective January 1, 2006; Ordinance No. 20369, enacted June 14, 2006, effective July 14, 2006; Ordinance 20430, enacted March 9, 2009, effective June 10, 2009; Ordinance No. 20513, enacted July 8, 2013, effective August 9, 2013; 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.)