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Page 2 – REPORT AND RECOMMENDATION OF THE CITY MANAGER market value of the property. Fifth, the regulation must not fall within one of Measure 49’s six exemptions. As discussed below, the Moore claim is valid because it satisfies the five requirements of Measure 49: 1) Claimant Elise Moore owns the property; 2) EC 9.2751(18)(a)3. qualifies as a land use regulation and was enacted after January 1, 2007 and less than five years before the date the claim was filed; 3) EC 9.2751(18)(a)3. restricts a previously allowed residential use on the residentially zoned property; 4) EC 9.2751(18)(a)3. reduces the property’s fair market value; and 5) EC 9.2751(18)(a)3. does not fall within one of the six Measure 49 exemptions. Therefore, this report concludes that the claim is valid. If a claim is valid under Measure 49, a local government must either (1) compensate the claimant for the reduction in the fair market value of the property, or (2) authorize the claimant to use the property without application of the land use regulation “to the extent necessary to offset the reduction in the fair market value of the property.” The Claimant requests compensation or a waiver of the regulation. Accordingly, the City Manager recommends that the City Council waive EC 9.2751(18)(a)3. as it relates to the Claimant’s property and to the extent that waiver is needed to allow construction of allowed 1,200 square foot residential dwelling that complies with all other residential lot standards. III. Analysis of Claim A. Ownership Measure 49 provides for payment of compensation or relief from (waiver of) specific regulations for “owners” of real property. Ballot Measure 49 defines “owner” to include “[t]he owner of fee title to the property as shown in the deed records of the county where the property is located[.]” ORS 195.300(18). Based on information that the Claimant submitted (Warranty Deed 2010-033733) and information from the Lane County Regional Land Information Database (RLID), the City Manager concludes that Claimant Elise Moore acquired fee title to the subject property on July 8, 2010. Accordingly, Claimant Elise Moore is the owner of the property. B. “Land Use Regulations” Measure 49 requires compensation (or waiver) for only those regulations that constitute “land use regulations” as Measure 49 defines the term. Measure 49 defines “land use regulation,” with respect to cities, as a “provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use.” ORS 195.300(14)(c). Further, land use regulations eligible for waiver under Measure 49 must have been enacted after January 1, 2007, but within five years of the date of the claim. EC 9.2751(18)(a)3 is a land use regulation under Measure 49 because it is a provision of the city’s zoning ordinance and it regulates residential uses on property in a residential use zone. This land use regulation was adopted as part of Ordinance No. 20541 as part of the Single Family Code Amendments, which became effective August 29, 2014. The Claimant filed her Measure 49 claim on January 29, 2018. Thus, EC 9.2751(18)(a)3. is a qualifying land use regulation under September 10, 2018, Meeting – Item 4