1 In its fourth assignment of error, we understand Southeast Neighbors to argue that the <br />2 planning commission's approval of modifications to the lot dimension and solar lot standards <br />3 misconstrues ORS 197.307(4)'s mandate that the city may only apply "clear and objective <br />4 standards" to a proposal for needed housing, because the factors that the city must consider in <br />5 a request for a modification under EC 9.8325(11) or a request for an exception to the solar lot <br />6 standards under EC 9.2790 require the city to apply standards that are not "clear and <br />7 objective." In essence, Southeast Neighbors seeks to use the needed housing statute's <br />8 mandate to apply only "clear and objective standards" as a sword to prevent applicants for <br />9 needed housing from gaining approval of needed housing projects under discretionary <br />10 standards. <br />11 West Creek responds that nothing in the language of the needed housing statute <br />12 prohibits the city from offering a discretionary process for approval of a proposal for needed <br />13 housing as long as the non-discretionary process remains available to an applicant. In <br />14 essence, West Creek argues that the needed housing statute is a shield for applicants to <br />15 choose to use or not to use according to project demands. In Hornebuilders, we concluded <br />16 that "the city may provide a needed housing applicant with a choice between meeting a clear <br />17 and objective standard by complying with its terms or by obtaining a discretionary variance <br />18 or adjustment to that standard without offending ORS 197.307(6)[(2001)]." Hornebuilders, <br />19 41 Or LUBA at 400. We agree with West Creek that the needed housing statute protects an <br />20 applicant for a permit for needed housing from the city's imposition of discretionary <br />21 standards without its agreement, but that an applicant may agree to be bound by discretionary <br />22 standards without running afoul of the statute. See Linstroinberg i,. City of Veneta, 47 Or <br />23 LUBA 99, 108-09 (2004) (ORS 197.307(4) does not require that a variance standard to an <br />24 approval criterion for needed housing be clear and objective). <br />25 Southeast Neighbors' fourth assignment of error is denied. <br />Page 22 <br />