Eugene Hearing Official <br />March 5, 2018 <br />Page 2 <br />The Needed Housing statute applies directly to City review of this application, even though the <br />plan and code are acknowledged by the state. See McKay Creek Valley Assoc. v. Washington <br />County, 18 Or LUBA 71, 75 (1989) (acknowledgment of plan and code leaves statutes directly <br />applicable). The Eugene Hearing Official has recognized this and honored direct application of <br />the statute in multiple decisions. The most recent example we attach as Hearing Exhibit A, the <br />decision for Site Review for Alder Springs (SR 17-2)("The application is for needed housing, <br />needed housing must be subject to only clear and objective standards, the TIA standards are not <br />clear and objective. Therefore, I have no choice but to agree with the applicant that it is not <br />required to obtain TIA approval to proceed with the proposed development." Page 6) <br />2. This application is entitled to the protection of the Needed Housing Statute. <br />The Needed Housing Statute entitles this application to review under clear and objective <br />standards for two reasons. First, the property is inventoried for Needed Housing on the <br />acknowledged residential BLI. See Ordinance No. 20585 (July 17, 2017) Ex A-2, Residential <br />Land Supply (2012-2032), Map 2, tile 33 of 42. Second, the property is planned and zoned for <br />residential use, and this application proposes housing. <br />Both bases derive from the Needed Housing Statute. The relevant parts of the statute were <br />amended most recently in 2017 by SB 1051, 2017 Or Laws, Ch 745, effective August 15, 2017. <br />Those amendments to ORS 197.307, in legislative format, were: <br />"(4) Except as provided in subsection (6) of this section, a local government may <br />adopt and apply only clear and objective standards, conditions and procedures <br />regulating the development of housing, including needed housing [on buildable <br />land described in subsection (3) of this section]. The standards, conditions and <br />procedures: <br />(a) May include, but are not limited to, one or more provisions <br />regulating the density or height of a development. <br />(b) May not have the effect, either in themselves or cumulatively, of <br />discouraging needed housing through unreasonable cost or delay. <br />(5) The provisions of subsection (4) of this section do not apply to: <br />(a) An application or permit for residential development in an area <br />identified in a formally adopted central city plan, or a regional center as <br />defined by Metro, in a city with a population of 500,000 or more. <br />(b) An application or permit for residential development in historic areas <br />designated for protection under a land use planning goal protecting <br />historic areas. <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 />APP B - HEARING LTTR 3.5.2018 <br />