Eugene Planning Director <br />March 3, 2017 <br />Page 2 <br />safe and sanitary housing opportunities for persons of lower, middle and fixed <br />income, including housing for farmworkers, is a matter of statewide concern. <br />(2) Many persons of lower, middle and fixed income depend on government <br />assisted housing as a source of affordable, decent, safe and sanitary housing. <br />(3) When a need has been shown for housing within an urban growth <br />boundary at particular price ranges and rent levels, needed housing shall be <br />permitted in one or more zoning districts or in zones described by some <br />comprehensive plans as overlay zones with sufficient buildable land to satisfy that <br />need. <br />(4) Except as provided in subsection (6) of this section, a local government <br />may adopt and apply only clear and objective standards, conditions and <br />procedures regulating the development of needed housing on buildable land <br />described in subsection (3) of this section. The standards, conditions and <br />procedures may not have the effect, either in themselves or cumulatively, of <br />discouraging needed housing through unreasonable cost or delay. <br />(6) In addition to an approval process for needed housing based on clear and <br />objective standards, conditions and procedures as provided in subsection (4) of <br />this section, a local government may adopt and apply an alternative approval <br />process for applications and permits for residential development based on <br />approval criteria regulating, in whole or in part, appearance or aesthetics that are <br />not clear and objective if: <br />(a) The applicant retains the option of proceeding under the approval process <br />that meets the requirements of subsection (4) of this section; <br />(b) The approval criteria for the alternative approval process comply with <br />applicable statewide land use planning goals and rules; and <br />(c) The approval criteria for the alternative approval process authorize a <br />density at or above the density level authorized in the zone under the approval <br />process provided in subsection (4) of this section. <br />In Eugene, the "Needed'Housing" track standards, which are intended to be clear and objective, <br />are in EC 9.8325. The "General" track standards, which are intended to include some that are <br />not clear and objective, are in EC 9.8320. <br />Note that under subsection (6) of the statute quoted above, the City may only apply standards <br />that are not clear and objective if the applicant also has the right to develop the property under <br />clear and objective standards as provided for in ORS 197.307(4). <br />As we explain below, this site has no development potential under the clear and objective <br />standards of the Needed Housing track in EC 9.8325. This is a 13-acre site, largely located above <br />900 feet, with steep slopes in various places, and a total 6 existing dwellings. Under the 5 du/acre <br />density limit associated with the South Hills Study, the owner is entitled to a total maximum of <br />65 dwelling units on this site. Taking into consideration the existing 6 dwellings on the site, the <br />APP A- LTTR 3.3.2017 <br />