ANALYSIS <br />This application was originally filed in 2002. Under the "goal post" rule, the application <br />must be decided based upon the approval criteria that were applicable when the application was <br />first submitted.' In 2002, CIR housing was a conditional use in the RA zone. EC 9.724 (2002) <br />provided the applicable provisions for CIR housing.'- EC 9.724(1) provides: <br />"Allowance of increased density. Subject to the standards contained in this <br />section, the hearings official may increase density as follows: <br />"(a) In RA and R-1 zoning districts, ttp to 75 percent of the allowable <br />density for an R-2 development * * <br />As the staff report explains, the allowable density for R-2 development was 20 units per acre, <br />so the proposed CIR CUP may have up to 15 units per acre. The staff report further explains that <br />the proposed CIR CUP would have a density of either 11 or 11.8 units per acre depending on <br />whether the Cathedral Way is included in the calculation. Either way, the proposed density easily <br />is less than the allowable 15 units per acre. EC 9.724(1) is satisfied. <br />EC 9.724(2) provides: <br />"Criteria for hearings official approval. Applications for conditional use permits <br />for controlled income and rent housing shall be processed and scheduled for <br />public hearings in the same manner as other conditional permit applications, <br />except the following shall substitute for the required criteria listed in 9.702: <br />"(a) Public facilities and services are available to the site. If the public services <br />and facilities are not currently available, an affirmative finding may be <br />made if the evidence indicates that they will be available prior to the need <br />by reason of- <br />"I . <br />Prior commitment of public funds or planning by the appropriate <br />agencies, or <br />"2. A commitment by the applicant to provide private services and <br />facilities acceptable to the appropriate public agencies, or <br />ORS 227.1780)(a) provides: "if the application was complete when first submitted or the applicant submits the <br />requested additional information within 180 days of the date the application was first submitted and the city has a <br />comprehensive plan and land use regulations acknowledged under ORS 197.251, approval or denial of the application <br />shall be based upon the standards and criteria that were applicable at the time the application was first submitted.'' <br />Unless otherwise noted, all EC references are to the 2002 version that was applicable when the applicable was tiled. <br />Hearings Official Decision (CU 02-4) 4 <br />