the report available prior to the public hearing (see EC 9.7535). This agenda item summary and <br />the attached findings addressing compliance with the applicable approval criteria constitute the <br />initial staff report on this matter. The staff report provides only preliminary information and <br />recommendations, based on the available information. <br />Process <br />The proposed ordinance and land use code amendment is a legislative action (subject to the <br />Type V application procedures at EC 9.7500-9.7560), and therefore not subject to quasi-judicial <br />procedures. The Planning Commission will consider public testimony and other materials <br />presented at the public hearing before taking action. In this case, the Planning Commission's <br />action will be a recommendation to the City Council to approve, approve with modifications, or <br />deny the proposal, based on the approval criteria for land use code amendments at EC 9.8065. <br />The request will be heard before the Eugene City Council in a separate public hearing following <br />Planning Commission action. <br />Public Hearing Notice <br />On March 7, 2017 the City mailed notice of the proposed plan amendment to the Department of <br />Land Conservation and Development, as required by the Eugene Code and state law. Notice of the <br />Planning Commission public hearing was also mailed on March 10, 2017 to all City-recognized <br />neighborhood associations, the City of Springfield, Lane County, and to all other community <br />organizations that have submitted written requests for such notifications. On March 22, 2017, <br />notice of the Planning Commission public hearing was also published in the Register-Guard <br />newspaper, in accordance with the Eugene Code. <br />No written testimony has been received up to this point, and any testimony received after the <br />issuance of this report will be provided to the Planning Commission for consideration in making a <br />recommendation. Public testimony, written or otherwise, may also be presented at the public <br />hearing before the Planning Commission. <br />Applicable Criteria <br />The Planning Commission must address the relevant approval criteria at EC 9.8065 (listed <br />below) in making a recommendation to the City Council. The findings addressing these approval <br />criteria prepared by staff are also attached for the Planning Commission's consideration (see <br />Attachment B). <br />EC 9.8065 Code Amendment Approval Criteria. If the city council elects to act, it may, by <br />ordinance, adopt an amendment to this land use code that: <br />(1) Is consistent with applicable statewide planning goals as adopted by the <br />Land Conservation and Development Commission. <br />(2) Is consistent with applicable provisions of the Metro Plan and applicable <br />adopted refinement plans. <br />(3) In the case of establishment of a special area zone, is consistent with EC <br />9.3020 Criteria for Establishment of an S Special Area Zone. <br />Page 17 <br />