II. CODE PROVISIONS GOVERNING THIS CASE <br />Eugene Code Section 9.386 (13) in effect at the time the application was filed provides that <br />"(w)here an application is processed under section 9.724, the provisions of that section are <br />exclusive". <br />Eugene Code Section 9.724(2) (a) and (b) provide: <br />"Criteria for hearings official approval. Applications for conditional use permits for <br />controlled income and rent housing shall be processed and scheduled for public hearings in <br />the same manner as other conditional use permit applications, except the following shall <br />substitute for the required criteria listed in section 9.702: <br />"(a) Public facilities and services are available to the site. If the public services and facilities <br />are not currently available, an affirmative finding may be made if the evidence indicates that <br />they will be available prior to need by reason of: <br />"1. Prior commitment of public funds or planning by the appropriate agencies, or <br />"2. A commitment by the applicant to provide private services and facilities <br />acceptable to the appropriate public agencies, or <br />"3. Commitment by the applicant to provide for offsetting all added public costs or <br />early corninitment of public funds made necessary by the development. <br />"(b) The proposed project is designed to: <br />"1. Avoid unnecessary removal of attractive natural vegetation; <br />"2. Provide setbacks or screening as necessary when possible and practical to ensure <br />privacy to adjacent outdoor living areas; and <br />"3. Provide safe and usable parking, circulation, and outdoor living areas as well as <br />ingress and egress". <br />The applicant has stated that if public facilities and services are not available, he will proceed <br />under Section 9.724(2)(a)(2). Therefore, in this case, Section 9.724(2)(x) and subsection <br />(a) (2) are the relevant sections setting forth approval criteria for facilities and services. They <br />require that 1) public services and facilities are available to the site, and 2) if public services <br />and facilities are not currently available, an affirmative finding may be made if the evidence <br />indicates that they will be available prior to need by reason of a commitment by the applicant <br />to provide private services and facilities acceptable to the appropriate public agencies. <br />3 <br />