In sum, the PC concludes that under Oregon law, the goal post rule (ORS 227.178(3)(a)) <br />prohibits the City from applying any standards or criteria adopted after April 8, 2002 to the <br />applicant's CIR CUP including prohibiting the City from applying such subsequently adopted <br />standards and criteria to any building permit issued in accordance therewith. The only <br />standards and criteria that apply to the CIR CUP and building permits for development <br />approved thereunder are those in effect as of April 8, 2002. For purposes of clarification, <br />the PC concludes that health and safety regulations which do not implement the City's <br />comprehensive plan such as the City's fire code or Oregon's structural specialty code <br />adopted by the City are not standards and criteria subject to Oregon's goal post rule. <br />The PC also finds that the HO's failure to adopt the applicant's proposed condition of <br />approval regarding the goal post rule's application was also in error. EC 9.710(n) grants the <br />HO the authority to impose "other conditions that will help the city to develop and change in <br />an orderly and efficient manner." The applicant's proposed condition of approval eliminates <br />a known point of disagreement in the future development of the proposed CIR CUP <br />providing certainty to future developers of affordable housing which will in turn help the city <br />develop and change in an orderly and 'efficient manner. The PC concludes that the <br />following condition of approval suggested by the applicant should be and hereby is adopted <br />as part of the PC's Final Order: <br />"20. ORS 227.178(3)(a) applies to this CIR CUP and all development <br />thereunder. All permits issued to implement development approved <br />under this CIR CUP shall be issued consistent with standards and <br />criteria in effect on April 8, 2002 ("2002 EC Chapter 9"), if applicable, <br />which standards are exclusive. Any land use regulations adopted <br />since April 8, 2002 are not applicable to this CIR CUP. Such <br />standards that do not apply, include, but are not limited to, the <br />Multiple-Family Standards at EC 9.5500, Goal 5 (/WR overlay) <br />standards at EC 9.4900, Traffic Analysis Review at EC 9.8659 and <br />Stormwater Standards at EC 9.6790 in the current Eugene Code." <br />IV. CONCLUSION <br />After consideration of the applicable law and all assignments of error, argument and <br />evidence properly in the record, the Eugene Planning Commission grants the applicant's <br />appeal and does hereby affirm the HO's Decision in all respects except as modified by this <br />Final Order herein above with respect to the application of Oregon's goal post rule and the <br />adoption and imposition of the applicant's proposed condition of approval. <br />In the event of any conflict between the HO's Decision and this Final Order regarding the <br />application of the goal post rule, this Final Order shall prevail. The foregoing findings, <br />conclusions and condition of approval (No. 20) together with the HO Decision (including <br />conditions of approval No.'s 1 thorough 19) are adopted as the Final Order of the Eugene <br />Planning Commission on the appeal of the controlled income and rent conditional use <br />permit for Charles Wiper Inc. (CU 02-4) on this 23rd day of August, 2016. <br />Eugene Planning Commission <br />Attachments: <br />A - Decision of the Hearings Official <br />5 <br />