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CITY OF EUGENE <br /> INTER - DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY - CIVIL DEPARTMENT <br /> To: Kevin Foerstler Date: April 14, 2004 <br /> PW /POS <br /> Subject: Applicability of Administrative Order No. 58- 04 -02 -F to Pending <br /> Applications <br /> CONFIDENTIAL ATTORNEY /CLIENT COMMUNICATION — NOT <br /> SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT <br /> You have asked whether the City can apply Administrative Order No. 58- 04 -02 -F ( "the <br /> Order "), to land use applications submitted prior to the City's adoption of the Order. For the <br /> reasons discussed below, it appears that the City should not apply the Order to applications <br /> submitted prior to the Order's adoption date. The City may, however, apply the amended fee <br /> schedule (Administrative Order No. 58- 04 -03 -F) to all applications, regardless of when the <br /> application was submitted to the City. <br /> State law requires that the City evaluate most land use applications pursuant to the <br /> standards and criteria in place at the time a complete application was submitted. Specifically, <br /> ORS 227.178(3) provides as follows: <br /> If the application [for a permit, limited land use decision or zone change] was <br /> complete when first submitted or the applicant submits the requested additional <br /> information within 180 days of the date the application was first submitted and <br /> the city has a comprehensive plan and land use regulations acknowledged under <br /> ORS 197.251, approval or denial of the application shall be based on the <br /> standards and criteria that were applicable at the time the application was first <br /> submitted. <br /> Further, ORS 92.040(2) vests a subdivision developer in all "local government laws" that <br /> were in effect at the time the subdivision application was submitted. Specifically, ORS <br /> 92.040(2) states: <br /> After September 9, 1995, when a local government makes a decision on a land <br /> use application for a subdivision inside an urban growth boundary, only those <br /> local government laws implemented under an acknowledged comprehensive plan <br /> that are in effect at the time of application shall govern subsequent construction of <br /> the property unless the applicant elects otherwise. <br /> 1 The Order, adopted on February 24, 2004, amended the Street Tree Program Administrative Rule R- 7.280. <br />