Appeal Testimony re PDT 13-1 <br />April 19, 2017 <br />Eugene Planning Commission <br />c/o Erik Berg-Johansen, Associate Planner <br />City of Eugene <br />99 West 10th Avenue, <br />Eugene, OR 97401 <br />Submitted by: Paul Conte <br />Send notices to: 1461 W. 101h Ave., Eugene, OR 97402 <br />Re: City File No. PDT 13-1; Oakleigh PUD <br />Instructions on legal issues <br />Dear Commissioners: <br />APR 19 2011 <br />,3ity of Eugene <br />lannina Division <br />There are several important legal requirements that the Planning Commission must follow. This <br />document and accompanying exhibit provide legal instructions that the Planning Commission <br />should follow. I understand that commissioners will generally rely on the City Attorney's Office <br />to advise them on legal matters, and I have a high degree of confidence in Assistant City <br />Attorney, Emily Jerome, to provide sound advice. The main purpose of this letter is to ensure <br />that Ms. Jerome provides her advice on the legal issues that are addressed in this testimony. <br />This testimony is responsive to testimony submitted during the first "open" record <br />period, specifically related to legal advice from city staff in the following documents: <br />March 22, 2017 e-mail message from Emily Jerome, Assistant City Attorney <br />March 29, 2017 Public Notice <br />• April 12, 2017 memo from Erik Berg-Johansen, Associate Planner <br />The testimony is also responsive to substantive comments made by city staff in the following <br />documents: <br />April 10, 2017 memo from Scott Gillespie <br />April 12, 2017 comments from Mark H. Dahl, Deputy Fire Marshal <br />April 12, 2017 memo from Erik Berg-Johansen, Associate Planner <br />As explained below, the statements in the above three documents fail to meet the legal standard <br />of "reliable, probative and substantial evidence," and therefore cannot be the basis for <br />"adequate findings" by the Eugene Planning Commission. <br />Conte Appeal Testimony - Legal Instructions PDT 13-1 Page 1 April 19, 2017 <br />