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Consultants flag 160-plus 'not clear and objective' code provisions; commission debates flexibility
Summary
Cascadia Partners told the commission it identified just over 160 instances where code language is not 'clear and objective' as required by state law, sparking questions from commissioners about preserving discretionary review for edge cases while ensuring a baseline approval path to reduce appeal risk.
Cascadia Partners presented an audit of Veneta’s code focused on the state requirement that residential-development standards be "clear and objective." Project director Mary Phillips said the team identified "just over a 160 incidents" where existing code language—ambiguous terms, discretionary design standards, or conditional procedures—could fail the state's clear-and-objective test and leave the city vulnerable to appeals.
Phillips explained that a clear-and-objective standard is verifiable without subjective judgment (for example, numerical metrics or unambiguous thresholds) and contrasted that with discretionary standards that require interpretation. The consultants proposed creating a clear-and-objective baseline path for applicants and keeping a separate discretionary route applicants could elect if they needed flexibility.
Commissioners pressed the consultants about whether that approach would force a one-size-fits-all outcome. One commissioner said the test for clear and objective should not be so rigid that 90% of applications require the discretionary route; commissioners asked that the consultants return with draft language and examples to show how flexibility could be preserved. Consultants said they would propose policy-neutral language for many instances and reserve non-neutral edits only when necessary for statutory compliance or to address a clear barrier to housing.
The commission asked for case-by-case draft language and for staff to coordinate with public works and LCOG where infrastructure capacity or housing-pipeline data might affect how the city chooses standards and which districts permit what housing types.
