I Petitioner argued to the city council that because LDC 3.6.30 and <br />2 4.10.60.01.b. were adopted after the 2006 Coronado subdivision that created <br />3 Tract B and NW Mirador Place, those standards do not apply to development <br />4 of Tract B, pursuant to ORS 92.040(2), which provides that only laws in effect <br />5 at the time an application is made for a subdivision inside an urban growth <br />6 boundary "shall govern subsequent construction on the property" unless the <br />7 applicant elects otherwise. <br />4 ORS 92.040 provides, in relevant part: <br />"(1) Before a plat of any subdivision or partition subject to <br />review under ORS 92.044 may be made and recorded, the <br />person proposing the subdivision or partition or authorized <br />agent or representative of the person shall snake an <br />application in writing to the county or city having <br />jurisdiction under ORS 92.042 for approval of the proposed <br />subdivision or partition in accordance with procedures <br />established by the applicable ordinance or regulation <br />adopted under ORS 92.044. Each such application shall be <br />accompanied by a tentative plan showing the general design <br />of the proposed subdivision or partition. * * * [A]pproval <br />by a city or county of [a tentative subdivision plan] shall be <br />binding upon the city or county for the purposes of the <br />preparation of the subdivision or partition plat, and the city <br />or county may require only such changes in the subdivision <br />or partition plat as are necessary for compliance with the <br />terms of its approval of the tentative plan for the proposed <br />subdivision or partition. <br />"(2) After September 9, 1995, when a local government makes a <br />decision on a land use application for a subdivision inside <br />an urban growth boundary, only those local government <br />laws implemented under an acknowledged comprehensive <br />plan that are in effect at the time of application shall govern <br />Page 19 <br />