Item 2D - 2005 Leg.Policies Doc - Laserfiche WebLink

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3. Establish how to value "reduction in value." 4. Judicial Review of other government's action on a claim. 5. Resolve State vs. Local claims. 6. For new regulations, provide Goal 5 type classification process. 7. Establish how to handle new annexations and past annexations. 8. Ensure jurisdiction can waive even after M37 claim filed in court. 9. Ensure government can litigate validity of claim when first filed if beneficial to do so. 10. Allow fees for local governments to recover actual processing costs. 2. LAND USE APPLICATION REVIEW PROCESS Bills introduced in previous legislative sessions have attempted to limit local government authority to process land use applications. One of these bills, which passed, instituted the "120-day rule"; a bill to prohibit local government use of a hearings official failed. The 120-day rule, established by legislation in 1993, requires local permit issuers to reach a "final decision" within 120 days of the time a land use application is submitted and deemed complete. Failure to meet the deadline allows the applicant to seek a writ of mandamus from the circuit court, ordering the local government to issue the permit. The 120-day rule applies equally to a two-lot partition and a 200-unit planned unit development. The planning concerns related to planned unit developments are far greater than those applied to partitions, yet the same deadline applies to both. Prior to 2003, an applicant could request a time extension for an application decision in order to provide time for submission of pertinent information. The City of Eugene supported SB 94 in the 2003 Session, which modified the criteria for determining when an application to a city is deemed complete for the purposes of time limit for action by the city. The bill also limits the total of all extensions to 245 days. Two other proposals have been supported by the City of Eugene that were also intended to address problems with current statutory requirements for land use application processing. One proposal would have eliminated the requirement that comprehensive plan provisions, including refinement plan policies, be added to the zoning code in order to be used in evaluating limited land use decisions. Reprinting the full text of the plan policies added 41 pages of text to the Land Use Code. Another proposal would have provided some discretion in meeting the requirements of ORS 197.307 for "clear and City of Eugene Legislative Policies, 2005 Session 29