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Regular City Council Meeting Monday,August 21,2023 Page 6 Mayor Roe clarified that under the State Law that was passed, the City or cities have the option of either permitting these uses as permitted uses in the Zoning Code or the City can permit them as conditional uses. Conditions cannot be added beyond what is called for in the requirements in State Statute. He indicated one of the questions he had asked staff was certainly for a lot of permitted uses in the City, there are a number of standards in the Zoning Code, one of his questions was how much or to what extent could the City apply those types of standards to a permitted in the Zoning Code under State Law. He believed the response he received was practically none. City Attorney Tierney explained that appeared to be the case. It is not explicitly clear and does not say permitted use cannot have any conditions, it just says conditional use cannot have any conditions. She cannot see a rational interpretation that it would be the intent of the Legislature, to say a permitted use can have conditions, and the conditional use cannot. Mayor Roe indicated where he was going with this was especially something like units per acre, where when looking at a development, the City is concerned about the density and number of trips generated,which may not be a factor in this type of development. But, there are factors along those lines that are all a part of what the City considers and if the City cannot do anything along those lines that becomes concerning. In his mind,a faith community could come in with a proposal on a very small lot to put seventy-five micro units on and as long as it meets the State requirements, the City does not really have the ability to do anything about it. Ms. Gundlach indicated she had a thought,noting under the requirements of the bill there is a whole section about the sacred community requirements. In the sacred community section which says, "provide the municipality with a written plan approved by the religious institutions governing body that outlines adequate parking,lighting and access to units by emergency vehicles". At one point,the City Attorney, in communications with her and the Mayor, indicated that to the extent their plan does not adequately address access to the units by emergency vehicles, there might be some ability for the City to intervene there and that might have some impact on density. If the concern is how many of these things are being put into a certain size property, to make sure that emergency vehicles can still safely access the units, and parking too. Mayor Roe explained the plan is provided to the City but is approved by the governing body of the institution. The City does not necessarily have an approval step on that plan; the City just receives the plan and perhaps provide insight from its perspective. City Attorney Tierney indicated that was correct. She thought the City would have to be somewhat creative in order to enforce those kinds of standards,but she cannot see a court telling a city that they have to allow a settlement to go in that the City