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AM • Attorney's Office Date: July 16, 2018 To: Fred Wilson From: Lauren A. Sommers Memorandum Subject: Lombard Apartments (WG 18-3, SR 18-3, ARA 18-8), City's Response to Arguments re Needed Housing Statutes and Willamette River Greenway Permit All parties agree that the proposed development is located within the boundaries of the Willamette Greenway. The applicant has submitted a Willamette Greenway Permit application and the applicant's July 9, 2018, letter to the Hearings Official asserts that the application meets the approval criteria for a Willamette Greenway Permit and should therefore be approved. Planning staff recommends approval of the application. However, the applicant also asserts that the City cannot lawfully require a Willamette Greenway permit because this is an application for housing, the applicant is entitled to "clear and objective standards" pursuant to ORS 197.307(4) (as recently amended by Enrolled Senate Bill 1051 (2017)), and the approval criteria associated with a Willamette Greenway permit are not clear and objective. In addition, the applicant asserts that the Willamette Greenway Permit discourages needed housing through unreasonable cost and delay in violation of ORS 197.307(4)(b). The Home Builders Association of Lane County has submitted testimony supporting the applicant's assertions. History of the Willamette River Greenway and Goal 15 The Oregon Supreme Court explained the history and requirements of the Willamette Greenway and Goal 15 in Gunderson, LLC v. City of Portland, 352 Or 648, 650 290 P3d 803 (2012). In 1973, the Oregon Legislature "established the Willamette River Greenway, a corridor of protected land located along the banks of the river." Gunderson, 352 Or at 650. The legislature expressed recognition of `the need of the people of this state for existing residential, commercial and agricultural use of lands along the Willamette River' and also the need to `permit the continuation of existing uses of lands that are included within such greenway[J ORS 390.314(2)(b). At the same time, the legislature recognized the need `to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible City of Eugene • 125 E 8th Ave • Eugene, OR 97401 . 541-082 8447 • 541 -682-5414 Fax wwvv.eugene-or gov {00285705;2;