1 Petitioners appealed the planning commission's decision to LUBA. As <br />2 relevant here, in their first assignment of error on appeal to LUBA, petitioners <br />3 challenged the city's method for calculating "net density" for purposes of <br />4 ensuring that the development did not exceed the maximum net density of 28 <br />5 units per acre. We affirmed the planning commission's decision, concluding that <br />6 the planning commission properly included in the acreage calculation a leasing <br />7 office, maintenance building, and internal parking circulation areas. Petitioners <br />8 sought judicial review of our decision in the Court of Appeals. The court reversed <br />9 and remanded our decision, as explained further below. We now take up the <br />10 matter on remand from the court. <br />11 FIRST ASSIGNMENT OF ERROR <br />12 In the R-2 zone, the maximum net density is 28 dwelling units per acre. <br />13 Eugene City Code (EC) Table 9.2750. EC 9.2751(1)(b) defines "net density" to <br />14 mean "the number of dwelling units per acre of land in actual residential use and <br />15 reserved for the exclusive use of the residents in the development, such as <br />16 common open space or recreation facilities." EC 9.275 1 (1)(c)(1) further provides <br />17 that "[tlhe acreage of land considered part of the residential use shall exclude <br />18 public and private streets and alleys, public parks, and other public facilities." In <br />19 calculating acreage for net density, the city counted the entire 3.59-acre property, <br />20 and excluded only a 0.21-acre area to be dedicated for an extension of a public <br />21 street. The city's calculation allows 94 dwelling units. See EC 9.2751(1)(c)(2) <br />22 ("In calculating the minimum net density required for a specific lot or <br />Page 4 <br />