Community Development Code Clear & Objective Code Compliance Amendments
To encourage efforts to expand the housing supply, the State Legislature adopted ORS 197.286–197.314. This statute requires local governments to apply only clear and objective standards, criteria, and procedures to applications for housing projects. Application of discretionary standards is prohibited. The law addresses the concern that the use of discretionary criteria leads to uncertainty, delay, or density reductions that do not serve the goal of efficiently providing an adequate supply of housing stock.
In 2022, the City Council directed staff to bring the West Linn Community Development Code into compliance with ORS 197.286-197.314. The primary focus of the Clear and Objective Code Compliance Project is to ensure the CDC complies with the state statute. Areas of the CDC that do not comply with this statute were identified, and a package of text amendments was drafted to address each issue. The goal of the proposed amendments is a policy-neutral conversion of discretionary language to non-discretionary language to ensure the original intent and desired outcome are preserved. When not possible, alternative standards or criteria have been proposed. However, per state statute, the standards cannot be so strict that the effect, either in themselves or cumulatively, is to discourage needed housing through unreasonable cost or delay.
The 2022 CDC Working Group met three times in the Fall of 2022 to review the CDC and recommend proposed amendments to ensure compliance with state statutes. Beginning in 2023, the Planning Commission held five work sessions to review and discuss the recommended amendments. The PC recommended changes are presented in the draft amendments.
CDC Clear & Objective Code Compliance Amendment Timeline:
6/21/23 - CDC-23-02 Planning Commission Legislative Hearing - Recommendation to City Council
8/7/23 - CDC-23-02 - City Council Work Session - Review Planning Commission Recommendation
9/18/23 - CDC-23-02 - City Council Legislative Hearing - Final Decision
CDC-23-02 Affidavit of Public Notice (224 KB) Public Comment for 09.18.23 - Oakes (113 KB) Notice of Final Decision (95 KB) Ordinance 1745- signed (7 MB) Disclaimer
Disclaimer notice regarding project information on this site: While every effort is made to keep project information current and accurate, the City does not guarantee the completeness, reliability, or accuracy of the information and assumes no responsibility for any errors, omissions, or discrepancies.