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Eugene Planning Commission December 16, 2015 Page 3 11. Summary of Issues Three issues are raised in this appeal, and one precautionary issue: 1. The 19 Lot Rule meaning in the Code: The Hearings Official selected the wrong definition of "disperse." Neither the code language nor the context for the code language requires that traffic be dispersed to any particular point or distance from the project. 2. The 19 Lot Rule under State Law: The Hearings Official erred in finding, at pages 14-15, that the 19 Lot Rule is a clear and objective standard because "disperse" has a plain meaning. The standard is ambiguous because "disperse" is not defined. There are at least two possible interpretations - one that the application would comply with, and one that it would not. The Needed Housing Statute prohibits applying standards that are not clear and objective. Therefore, the 19 Lot Rule may not be applied. 3. The 30' Landscape Buffer under State Law: The Hearings Official erred in applying this standard at all. He interpreted the standard to include an exception as to where the buffer applies when the plain language does not allow any interpretation. His rationale is unexplained. He should have declined to apply the standard in its entirety because, if applied according to its plain terms, it would not allow any development, contrary to the Needed Housing Statute. We raise this fourth assignment as a precaution: 4. Although the Hearings Official did not address this issue, it would be error for the City to direct the applicant to the Needed Housing Partition process as an alternative approach to developing this project. That approach, although it would not invoke the 19 Lot Rule, would unreasonably delay and increase the cost of needed housing, contrary to ORS 197.307(4). III. Code provisions relevant to filing this appeal: EC 9.7655 explains the contents of an appeal: The appeal shall include a statement of issues on appeal, be based on the record and be limited to the issues raised in the record that are set out in the fled statement of issues. The appeal statement shall explain specifically how and hearings official or historic review board failed to properly evaluate the application or make a decision consistent with applicable criteria. The basis of the appeal is limited to the issues raised during the review of the original application.