B. Scope of the City's Review. <br />It cannot be emphasized enough that no land use approval is necessary for the <br />new supermarket to operate at the Property. The site is zoned Community Commercial (C-2),11 <br />and "supermarkets" are designated as an outright allowed use in this zone. 12 Although the <br />Property has a site review overlay, the site review process is only required for initial <br />development of a vacant lot or when the total building area on a developed lot will be expanded <br />by 20 percent or more. EC 9.8430(l). Further, a traffic impact assessment is not required <br />because the opening of a supermarket is not a "change in use," and, thus, there is no <br />"development" that could generate additional traffic. <br />It should be noted that if WinCo chose to forego its improvements of the <br />Property, it could open its doors tomorrow. The City already made this determination months <br />ago as part of its review and approval of WinCo's plans for the majority of its remodel <br />improvements and authorization of building permits therefor. <br />C. Overview of the 1988 Plans. <br />The history and nature of the 1988 Plans are discussed at length in WinCo's <br />previous written narratives, especially in the February 27, 2020, letter explaining the revisions to <br />the original 2019 application (Exhibit 8). For purposes of responding to the appellants' <br />allegations of errors, it suffices to say that the written decision for SR 88-11 and the 1988 Plans <br />are quite limited in their scope and detail. This is likely due to the small number of criteria <br />applicable to a site review in 1988, as well as the lack of detailed design standards in the zoning <br />LL Attached as Exhibit 12 is the Property Report for the Property (Tax Lot 1703163201400) from the City Planning <br />& Development Department's online Eugene Property Explorer application. <br />12 See Table 9.2160, "General Merchandise (includes supermarket and department store)." <br />Page 9 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />