Thus, the City must evaluate, in the first instance, whether the C-2 Community Commercial Zone <br />conforms to the comprehensive plan, including to the Metro Plan policies and designation of the subject <br />property as "Medium Density Residential," as well as to the Westside Neighborhood Plan policies and <br />designation that "[t]his area shall continue to be recognized as appropriate for medium-density <br />residential development." <br />The City recently evaluated a Zone Verification application regarding a proposed use of a site for an <br />Accessory Dwelling Unit ("ADU"). (See City File #ZVR 18-49 (On Remand)) Throughout the City's final <br />decision (see accompanying letter dated October 16, 2019), the City relies on regulations that supersede <br />Eugene Land Use Code and zoning criteria. For example, the City states in its decision: <br />"the February 2019 decision determined that the proposed use would not be an 'accessory dwelling <br />unit' based on the definition at ORS 197.312(5) <br />"The general standards are provided below in bold, followed by the text of the standard from the <br />Eugene Code and findings addressing ORS 197.312(5)(a) <br />"Livability is an important Statewide Planning Goal 14 concept <br />"ORS 197.312(5)(b) specifically makes the allowance of accessory dwellings subject to local <br />regulations." (Italics in original.) <br />"Statewide Planning Goal 14 requires all of these things." <br />"Compliance with the City's NPDES (Clean Water Act) permit is dependent in substantial part on the <br />City's ability to control the quality and limit the quantity of stormwater that leaves development <br />sites and that must be conveyed and treated before entering the State's waterways." <br />Thus, the City cannot escape the requirement to evaluate conformance with the comprehensive plan by <br />an impermissible, one-off application of the code provisions for this Zone Verification application. <br />Also noted for the record is the City's final statement: <br />"Furthermore, this verification is a final determination at the local level and therefore may be <br />appealed to the Land Use Board of Appeals, in accordance with statutory provisions beginning at <br />ORS 197.835." <br />The City's final determination would be appealable and remandable if it does not evaluate conformance <br />with the comprehensive plan. <br />Subm'tted n January 1, 2020 by <br />Paul T. Conte <br />1461 W. 101h Ave. <br />Eugene, OR 97402 <br />