I SOUTHEAST NEIGHBORS' FIRST ASSIGNMENT OF ERROR/WEST CREEK'S <br />2 FIRST AND SECOND CROSS ASSIGNMENTS OF (ERROR <br />3 Southeast Neighbors' first assignment of error and West Creek's first and second <br />4 cross assignments of error challenge various aspects of the planning commission's decision <br />5 that are related to the question of the slopes on the property. We address West Creek's first <br />6 and second cross assignments of error that challenge the ability of the city to apply EC <br />7 9.8325(5) at all to the proposal and then turn to Southeast Neighbors' first assignment of <br />8 error that alleges that the planning commission committed procedural error. <br />9 A. West Creek's First and Second Cross Assignments of Error <br />10 The application is for "needed housing" as that term is used in ORS 197.303(1).1 EC <br />11 9.8325 provides the tentative PUD approval criteria for "needed housing." EC 9.8325(5) <br />12 provides that for a PUD for needed housing "[t]here shall be no proposed grading on portions <br />13 of the development site that meet or exceed 20% slope." <br />14 In its first and second cross assignments of error, West Creek argues that the city <br />15 erred in applying EC 9.8325(5) to its application for several reasons. First, according to West <br />16 Creek, the method for measuring slope is an application submittal requirement and failure to <br />1 ORS 197.303(1) provides: <br />"As used in ORS 197.307, `needed housing' means housing types determined to meet the need <br />shown for housing within an urban growth boundary at particular price ranges and rent levels, <br />including at least the following housing types: <br />"(a) Attached and detached single-family housing and multiple family housing for both <br />owner and renter occupancy; <br />"(b) Government assisted housing, <br />"(c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to <br />197.490; <br />"(d) Manufactured homes on individual lots planned and zoned for single-family <br />residential use that are in addition to lots within designated manufactured dwelling <br />subdivisions; and <br />"(e) Housing for farmworkers." <br />Page 4 <br />