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<br />D. Restriction on use, reduction in value, LPI’s subdivision and CC&Rs. <br /> <br /> <br /> <br />A “land use regulation” gives rise to a Measure 37 claim only if the regulation would <br />“restrict the use” of private property and have the effect of reducing the fair market value of <br />property. LPI did not identify which of the more than 550 pages of Chapter 9, and which of the <br />other parts of the Eugene Code incorporated into Chapter 9, LPI asserts “restrict the use” of <br />property, and which “reduces the value” of property. To qualify as a valid claim, a provision <br />both <br />must restrict the use and reduce the value. <br /> <br /> Even if provisions of Chapter 9 and other code provisions restricted the use and reduced <br />the value of some property within the City, there are three additional factors applicable to LPI’s <br />property which preclude a finding that LPI can meet these requirements: the historic zoning of <br />the property; the land use approval that LPI sought and obtained for the lots; and the CC&Rs <br />adopted for and recorded on all of the lots at issue in this Measure 37 claim. <br /> <br />LPI first asserted that it intends to use the subject lots for commercial development and <br />A <br />billboards. LPI later amended its claim to assert its intent to use these lots for all forms of <br />@A <br />industrial, commercial, residential, signage, and mixed use, in addition to the commercial uses <br />and placement of billboards described in the original claim. LPI asserts that it is restricted from <br />@ <br />using the property for its intended uses by the Citys industrial zoning and by a number of <br />=A@A <br />other city land use regulations currently in effect. <br />@ <br /> <br />Even if the City agreed to not apply or waive the regulations, the use and <br />A@A@ <br />development of the properties would remain restricted by the subdivision approval sought and <br />obtained by LPI and the CC&Rs LPI voluntarily placed on the property. The CC&Rs are <br />limitations on LPI’s title to the property, and are not affected by Measure 37. These limitations <br />would exist regardless of any decision by the City Council to “not apply” or “waive” Eugene <br />land use regulations. Even if the City were to waive its entire Land Use Code (and Metro Plan), <br />the CC&Rs would still limit many of the uses which LPI alleges in its claim. Accordingly, there <br />is no diminution in value that LPI can attribute to the City of Eugene as opposed to its own <br />CC&Rs. LPI has asserted that it has the power to change the CC&Rs. Even if true, LPI has not <br />done so and a prospective purchaser would not pay an inflated price for a lot based on LPI’s <br />statement that it has the ability to change the CC&Rs. <br /> <br /> Moreover, during the subdivision process, LPI asserted that a contract is established <br />between the subdivider (LPI) and the municipality (the City) once a tentative plan for <br />subdivision is approved. Just as the City must (in LPI’s view) be bound by the provisions in the <br />tentative approval, so must LPI be bound by the provisions that it voluntarily agreed to in the <br />subdivision process. Thus, LPI has, by its own voluntary actions, limited itself to I-3 and I-2 <br />(but not I-1) uses on the land, as subdivided. Just as LPI asserted the City was bound by the <br />contractual nature of the tentative subdivision plan, so is LPI. <br /> <br />E. Exemptions. <br /> <br /> <br />Page 8 of 9 <br />