2 <br />Eugene City Council in legislative efforts to create or modify community’s policies related to land <br />use. The other role is to serve as a “quasi-judicial” body to make decisions on individual land use <br />applications in the context of the Eugene Code. In this case, the Planning Commission is being asked <br />to act like a judge rather than a policy maker. The Planning Commission must decide whether to <br />affirm, reverse, or modify the Hearings Official’s decision based on the applicable approval criteria <br />and the evidence and argument in the record. <br />The first step will be a public hearing, during which the Planning Commission will have an <br />opportunity to hear from any interested parties who wish to make arguments based on the existing <br />record (the evidence and argument provided to the Hearings Official). No new evidence will be <br />accepted. Communications to the Planning Commission must be limited to the issues raised during <br />the review of the original application and set out in the appeal statement; no new issues or evidence <br />are allowed (see Eugene Code 9.7655). <br />Following the hearing, the Planning Commission will discuss the testimony presented in the public <br />hearing, written testimony provided to the Planning Commission, and the record of the Hearings <br />Official’s decision. This portion of the process is referred to as deliberations. The purpose of <br />deliberations is to help the Planning Commission reach a decision on each appeal issue. The <br />Planning Commission should ask itself the following question as it considers each appeal issue: <br />given the information in the record at the time of the Hearings Official’s decision, did the Hearings <br />Official correctly evaluate the application, and make a decision consistent with the applicable <br />approval criteria from the Eugene Code? <br />STAFF ROLE <br />Staff from the City of Eugene Planning Division and City Attorney’s Office will be present throughout <br />the public hearing and deliberations to assist the Planning Commission. Staff will advise the Planning <br />Commission regarding process, location of materials in the record, legal matters, and interpretation <br />of land use code requirements. Staff may provide advice and recommendations based on their <br />professional expertise and familiarity with the application and record of materials to date; the <br />Planning Commission has the discretion to choose whether to follow staff recommendations or <br />make alternative findings on the appeal based on their deliberations. Staff will draft the Planning <br />Commission’s decision and Final Order on this appeal, based on direction from the Planning <br />Commission. <br />In addition to supporting the Planning Commission, staff also serve as a contact for applicants, <br />neighbors and other interested parties. In this role, staff often hear from the people who may be <br />directly impacted by a particular project or decision. When issues are raised, staff works to help <br />interested parties to better understand how to frame the issue in terms of the approval criteria. <br />Staff listens carefully to all issues, seeks to fully understand the issues and impacts of land use <br />applications, and attempts to provide the best service possible to everyone involved. While all issues <br />are important, staff also make every effort to help community members understand that land use <br />decisions must be made based on the approval criteria located in the Eugene Code and on the <br />community’s adopted plans and policies. <br />Planning Commission Agenda Page 4 of 159