Deputy city attorney briefs Oregon City planning commissioners on land-use procedures, burden of proof and housing rules

Deputy City Attorney Carrie Richter gave the planning commission its annual legal training on Feb. 24, reviewing Oregon’s statewide land-use framework, the difference between legislative and quasi-judicial decision-making, and several procedural rules that apply to development applications.

Richter summarized the state framework and its local implementation: “In Oregon, we have a statewide planning program,” she said, and noted Senate Bill 100 and the Oregon Revised Statutes set the requirement that local governments adopt comprehensive plans and implement statewide planning goals. She described Metro’s role as the regional government that establishes the urban growth boundary and noted how layers of federal, state and regional rules feed into local code and decision-making.

Richter outlined the two broad decision types commissioners will encounter: legislative (long-range planning, city-initiated code or plan changes — final decision by the City Commission) and quasi-judicial (applicant-initiated development review, decided under adopted approval criteria, with public…