Eugene Planning Director <br />March 3, 2017 <br />Page 4 <br />The discussion above shows that the site cannot be developed if the clear and objective standards <br />in the code are applied. As a result, the statute prohibits the City from applying any standards <br />that are not clear and objective. ORS 197.307(6)(a). <br />The applicant requests a determination from the Hearing Official that, by direct operation of the <br />statute, the City is prohibited from applying any standards that are not clear and objective. This <br />statutory prohibition applies to the full range of standards listed under the General standards <br />track in EC 9.8320. <br />2. The applicant invokes its right to suggest conditions needed to ensure compliance with <br />applicable standards. <br />The Applicant intends to invoke ORS 197.522 to allow it to suggest conditions for this <br />application to ensure compliance with the applicable standards. Recent statutory amendments <br />afford this right. The new statute, adopted by 2015 Or Laws 374 (HB 3222), effective January 1, <br />2016, is codified at ORS 197.522, which now reads: <br />"197.522 Local government to approve subdivision, partition or <br />construction; conditions. (1) As used in this section: <br />(a) "Needed housing" has the meaning given that term in ORS 197.303. <br />(b) "Partition" has the meaning given that term in ORS 92.010. <br />(c) "Permit" means a permit as defined in ORS 215.402 and a permit as <br />defined in ORS 227.160. <br />(d) "Subdivision" has the meaning given that term in ORS 92.010. <br />(2) A local government shall approve an application for a permit, <br />authorization or other approval necessary for the subdivision or partitioning of, or <br />construction on, any land for needed housing that is consistent with the <br />comprehensive plan and applicable land use regulations. <br />(3) If an application is inconsistent with the comprehensive plan and <br />applicable land use regulations, the local government, prior to making a final <br />decision on the application, shall allow the applicant to offer an amendment or to <br />propose conditions of approval that would make the application consistent with <br />the plan and applicable regulations. If an applicant seeks to amend the application <br />or propose conditions of approval: <br />(a) A county may extend the time limitation under ORS 215.427 for final <br />action by the governing body of a county on an application for needed housing <br />and may set forth a new time limitation for final action on the consideration of <br />future amendments or proposals. <br />(b) A city may extend the time limitation under ORS 227.178 for final action <br />by the governing, body of a city on an application for needed housing and may set <br />forth a new time limitation for final action on the consideration of future <br />amendments or proposals. <br />(4) A local government shall deny an application that is inconsistent with the <br />comprehensive plan and applicable land use regulations and that cannot be made <br />APP A- LTTR 3.3.2017 <br />