Notwithstanding other code provisions to the contrary, when an application involves a residential development that: (1) contains five or more residential units; (2) will sell or rent at least 50 percent of the residential units as housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater; and (3) is subject to a covenant appurtenant restricting the owner and each successive owner of the development (or a residential unit of the development) from selling or renting any affordable residential unit within the development as housing that is not affordable for a period of 60 years from the date of the certificate of occupancy, the following review and appeal procedures apply.

If the applicant has not requested an Exception as set forth in Section 10.717(6) or any adjustment from the Special Development Standards as set forth in Sections 10.718 – 10.719, the application shall be reviewed by the Planning Director with a substantive review consisting of the type of review described in Section 10.175. Notification for such applications shall be the same as those for a Site Plan and Architectural Review - Type II land use actions described in Section 10.124, including the posting of an on-site notification sign that describes the application and the public comment period. Any appeal from the Planning Director decisions shall be made to the City Council, and final action shall be taken within 100 days unless an applicant has made a written request to extend the 100-day period for a specified period of time, and any appeal therefrom shall be made to the Land Use Board of Appeals (LUBA).

If the applicant has requested an Exception as set forth in Section 10.717(6) or any adjustment from the Special Development Standards as set forth in Sections 10.718 – 10.719, the application shall be reviewed by the Site Plan and Architectural Commission as per Sections 10.182 and 10.200, and any appeal from the Site Plan and Architectural Commission decisions shall be made to the City Council. Final action in such instances shall be taken within 120 days unless an applicant has made a written request to extend the 120-day period for a specified period of time, and any appeal therefrom shall be made to the Land Use Board of Appeals (LUBA).