I provide the requested information may not be used as a basis to deny an application. West <br />2 Creels additionally argues that including instructions about how to measure slope on the city's <br />3 application form is insufficient to make EC 9.8235(5) a "clear and objective standard[]" <br />4 within the meaning of ORS 197.307(4).' Finally, West Creek argues that ORS 227.173 <br />5 prohibits the city from requiring applicants to use the city's method for measuring slope <br />6 where the method is not included in EC 9.8325(5). We address each argument in turn. <br />7 1. Information Requirement <br />8 The city's application form instructs applicants that for properties with slopes that <br />9 exceed ten percent, an applicant should provide slope data using 5-foot contour intervals. <br />10 Record 2315.3 West Creels initially submitted a slope map that measured slopes on the <br />11 property based on the difference in elevation between four sets of points on the property's <br />12 outer boundary, a method similar to measuring the average slope between points on the <br />13 property. Record 1851. By measuring slope using that method, the property's steepest slope <br />14 would be 15.2 percent and no grading on the plan for 75 lots would run afoul of the criterion. <br />15 West Creels also submitted slope measurements using 5-foot contour intervals. That <br />16 slope data showed that slopes on the property's eastern side meet or exceed 20 percent, and <br />17 led the city's planning staff to recommend denial of the 75-lot proposal or approval with a <br />18 condition limiting development to the western portion of the property. Finally, prior to the <br />19 close of the initial public hearing before the hearings officer, West Creek submitted a slope <br />20 map that measured slope using 20-foot contour intervals. Using that slope data, West <br />' ORS 197.307(4) provides: <br />"Except as provided in subsection (6) of this section, a local government may adopt and apply <br />only clear and objective standards, conditions and procedures regulating the development of <br />needed housing on buildable land described in subsection (3) of this section. The standards, <br />conditions and procedures may not have the effect, either in themselves or cumulatively, of <br />discouraging needed housing through unreasonable cost or delay." <br />' The city moves to supplement the record with West Creek's application. No party opposes the motion and <br />it is granted. <br />Page 5 <br />