Eugene Hearing Official <br />March 5, 2018 <br />Page 9 <br />Alder Woods PUD HO Decision, PDT 07-5 (Sept. 10, 2008) at page 11, amended and affirmed <br />by Commission (Nov. 5, 2008)("The hearings official interprets this standard to require the city <br />to identify the applicable standards and criteria, and review the application against those <br />standards. It does not require the applicant to discern the applicability of the standards in the first <br />instance.") Both Alder Woods decisions are Exhibits E and F hereto. <br />A local government may only apply comprehensive plan provisions to land that it has legal <br />authority to plan for. The key dates for South Hills Planning are: <br />June 10, 1974, Eugene Resolution No. 2295: City Council adopts the SHS. <br />1981: Subject property Tax Lot 300 annexed to the City. <br />1982: Subject property Tax Lots 200 and 400 annexed to the City. <br />August 23,1982: 1982 Metro Plan acknowledged, establishing the first UGB. A full <br />copy of the acknowledged 1980 Metro Plan appears as Hearing Exhibit C. <br />May 7, 1987: City/County Agreement Transferring UGB planning jurisdiction to <br />City. A full copy of the Transfer Agreement appears as Hearing Exhibit D hereto. <br />2014: Subject property Tax Lots 100 and 201 annexed to the City. <br />The chronology of events that has left the subject property outside the effective footprint of the <br />SHS can be summarized as follows: The SHS was adopted by the City in 1974 and applied to <br />the area in the city limits. At no time between 1974 and 1987, when the city took land use <br />control of the UGB area, did the County apply the SHS to the area outside the city limits. At no <br />time after 1987 did the City apply the SHS to the UGB area. That means that the SHS does not <br />presently apply to the current UGB area that was outside the city limits in 1974. <br />The Staff Report responds to this issue at pages 5-6 of the Staff Report. <br />The simplest response for the City would be to identify a city or a county plan amendment or <br />post-acknowledgment plan amendment, extending the footprint beyond the 1974 city limits. This <br />Staff Report does not point to any such amendment. <br />Instead, the City poses several lesser theories. None holds water. <br />1. The City asserts that the SHS was effective for the 2018 UGB area when it was adopted <br />in 1974 because it described the study area of the SHS as including land outside the City, <br />and it did not expressly limit its effect to the city limits area. Not so. <br />The SHS explained that 65% of its "study area" was outside the city limits, including land south <br />of the ridgeline. However, having a study area that was bigger than the city limits area where the <br />APP B - HEARING LTTR 3.5.2018 <br />