On August 11, 2016, the applicant filed an appeal of the HO's Decision pursuant to EC <br />9.716. The applicant assigned as error the HO's failure to making a finding and decision <br />with respect to the applicability of Oregon's goal post rule to subsequently adopted <br />standards and criteria at the building permit stage and failure to impose the condition of <br />approval sought by the applicant deciding the matter. The applicant requested that the <br />Planning Commission ("PC") make a finding specifically addressing the applicability of the <br />goal post rule and add the following condition of approval to the HO's Decision: <br />"ORS-227.178(3)(a) applies to this CIR CUP and all development thereunder. <br />All permits issued to implement development approved under this CIR CUP <br />shall be issued consistent with standards and criteria in effect on April 8, 2002 <br />("2002 EC Chapter 9"), if applicable, which standards are exclusive. Any land <br />use regulations adopted since April 8, 2002 are not applicable to this CIR <br />CUP. Such standards that do not apply, include, but are not limited to, the <br />Multiple-Family Standards at EC 9.5500, Goal 5 (MR overlay) standards at <br />EC 9.4900, Traffic Analysis Review at EC 9.8659 and Stormwater Standards <br />at EC 9.6790 in the current Eugene Code." <br />The PC held a public hearing on August 23, 2016 to consider appeals of the HO Decision. <br />As required by the Eugene Code, the appeals are based on the record and limited to the <br />assignments of error contained in the appeal statements submitted. As described below in <br />Section lll. Findings of Fact and Conclusions of Law, the PC resolves the assignments of <br />error through affirmation of the HO Decision and by modifying the HO Decision's to address <br />the application of Oregon's goal post rule (ORS 227.178(3)(a)) and imposing the applicant's <br />proposed condition of approval regarding the same. <br />II. RECORD BEFORE THE PLANNING COMMISSION <br />The record before the PC consists of all the items that were physically before, and not <br />rejected by, the PC prior to its final decision. Under EC 9.714, appeals are "on the record" <br />and are "limited to issues raised at the evidentiary hearing that are set out in the filed <br />statement of issues." The PC's decision on the appeal is based upon consideration of all <br />relevant evidence and argument within the record. <br />III. FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />Pursuant to EC 9.716, the PC may, <br />by order with findings and conclusions therein, affirm, reverse or modify in <br />whole or in part, any decision, determination or requirement of the hearings <br />official. Before granting an appeal, or before changing any of the conditions <br />the hearings official imposed, the commission shall make findings of fact as to <br />why the hearing official's findings were in error. <br />The HO's finding that any decision regarding what standards and criteria would be applied <br />to future development of the approved CIR housing would be "speculative and advisory" <br />was in error. This issue is not speculative, and a decision thereon would, therefore, not be <br />advisory. The City advised the applicant that it will apply all subsequently enacted <br />standards and criteria at the building permit phase except to the extent that doing so would <br />result in a denial of the approved use. On the other hand, the applicant contends that <br />Oregon's goal post rule prohibits the City from applying any subsequently adopted <br />3 <br />