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Eugene Planning Commission August 11, 2016 Page 5 covered by the goal post rule are subsequently adopted land use regulations (characterized by the City as "development standards") that the City has indicated it intends to apply at the building permit stage. It is those standards and criteria that the fixed goal post rule precludes from being applied to development proposals implementing CIR CUP approval on the subject property so that the project can be realized as approved. The Hearing Official's decision to forego making a decision on the applicable criteria and standards was based on his mistaken belief that the CIR CUP requirements of the old code involved a "two-step" approval process. They do not. There is only one step under the Eugene Code and that is to obtain a conditional use permit pursuant to EC 9.724. Thereis no other or further land use approval that an applicant must obtain. For example, there is no requirement under the Eugene Code for the applicant of a CIR CUP to subsequently apply for and obtain site review approval, a separate and distinct discretionary permit. If that were the case, then the goal post rule would act to freeze the standards and criteria at the time of the new, separate and distinct permit application. ORS 227.178(3)(a).' However, in this case, there never will be a second separate and distinct permit application because the code does not require one. The Applicant has already obtained permit approval as provided in the 2002 Eugene Code. That permit approval includes all development of the land. See ORS 227.215 ("development" includes "a building making a material change in the use or appearance of a structure or land, , and creating or terminating a right of access.") As discussed exhaustively in the Applicant's attached memorandum on the goal post rule, so long as development is consistent with the standards and criteria in effect as of April 8, 2002 (the date the application was originally submitted), the development is already approved and no further or separate land use approval is required. The goal post rule "implicitly requires that the city apply a consistent set of standards to the discretionary approval of the proposed development of land and the construction of that development in accordance with the discretionary approval." Gagnier v. City of Gladstone, 38 Or LUBA 858, 865 (2000). "[T]he approval of a `permit' (i.e. `discretionary approval of a proposed development of land')... carries with it the right to obtain the building permits that are necessary to build the approved proposed development of land, provided that the applicant seeks and obtains those building permits within the time specified in the permit itself or in accordance with any applicable land use regulations that establish a deadline for seeking and obtaining required building permits." Gagnier at 865. III. Why the Planning Commission should approve this appeal. ' The Hearing Official's decision intimates, without deciding, that the goal post rule applies to only freeze discretionary standards and criteria while leaving non-discretionary criteria subject to change No such limitation exists in the language of the goal post rule itself. Nor has it been applied that way. The goal post rule applies to both discretionary and non-discretionary standards and criteria. See Gilson v. City of Portland, 22 Or LUBA 343 (199 1 )(applying goal post rule to freeze a non-discretionary building height requirement)