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Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)
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Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)
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6/9/2010 12:21:00 PM
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9/17/2009 2:22:55 PM
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9/21/2009
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1 The city responds that Ordinance 20417 did not delegate responsibility for adopting a <br />2Stormwater Management Manual to the City Manager. That delegation was accomplished <br />3by Ordinance 20369, which is not subject to review in this appeal of Ordinance 20417. <br />4According to the city, if petitioner believes the delegation is legally improper, petitioner may <br />5challenge the City Manager’s next exercise of rulemaking under in EC 9.6790. We agree <br />6with the city. <br />7 This subassignment of error is denied. <br />B.Petitioner’s Remaining Arguments <br />8 <br />9Petitioner contends that EC 9.6790(6) violates the OAR 660-008-0015 and ORS <br />10197.307(6) requirements that approval standards that are applied to development of needed <br />17 <br />11housing must be clear and objective. Petitioner also argues that even if the EC 9.6790(6) <br />12standards are clear and objective, they are impossible to comply with and render the city’s <br />13clear and objective route for approval of needed housing illusory.See Home Builders Assoc. <br />14v. City of Eugene, 41 Or LUBA 370, 420 (2002) (where a local government adopts both a <br />15clear and objective and optional discretionary approval standards under ORS 197.307(3)(d), <br />16the option to seek approval of needed housing under clear and objective standards is illusory <br />18 <br />17if those clear and objective standards are impossible to satisfy). Finally, petitioner argues <br />17 <br /> OAR 660-008-0015 provides as follows: <br />“Local approval standards, special conditions and procedures regulating the development of <br />needed housing must be clear and objective, and must not have the effect, either of <br />themselves or cumulatively, of discouraging needed housing through unreasonable cost or <br />delay.” <br />The text of ORS 197.307(6) was set out earlier at footnote 10. <br />18 <br /> ORS 197.307(3)(d) provides: <br />“In addition to an approval process based on clear and objective standards as provided in <br />paragraph (b) of this subsection, a local government may adopt an alternative approval <br />process for residential applications and permits based on approval criteria that are not clear <br />and objective provided the applicant retains the option of proceeding under the clear and <br />objective standards or the alternative process and the approval criteria for the alternative <br />process comply with all applicable land use planning goals and rules.” <br />Page 36 <br /> <br />
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