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Fred Wilson, Hearings Official July 8, 2016 Page 5 that apply to a particular devel0pIlnent permit, such as the Application. "`Standards and criteria' is a statutory term; its meaning is a question of state law, and a local interpretation or application of it does not bind [LUBA or the Courts]." Dwvloort, 121 Or App at 140. The individual words "standards" and "criteria" do not have distinct meanings in the context of the Goal Post Rule, nor do they generally. They are synonyms. Blaek'.s La)v Dntiona~y, 7th Edition, defines "standard" as follows: "2. A criterion for measuring acceptability, quality, or accuracy." Pgs. 1412-1413. lF ~h.~ter's TIVI-d. Ne;v International Dictionary (1986) defines "criterion" as follows: "2 : a standard on which a decision or judgement may be based." Pg. 538. lf•'eb.ster'.s defines "standard" as "3 a : something established by authority, custom or general consent as a model or example : CRITERION, TEST... svn STANDARD, CRITERION, GAUGE (or GAGE), YARDSTICK, TOUCHTONE..." Pg. 2223. See Friends oj'Parjett tllt. i~ Northwest Gas Co.., 336 Or 93, 107 (2003) (referencing BLACK'S LAW DICTIONARY to define statutory terms). In context, it is clear that the Goal Post Rule applies to all relevant standards and criteria that goy=ern the development of land, including "development" standards, not merely "approval" criteria for a use (as argued by the City). For example, ORS 227.173 requires cities to base decisions of a discretionary pernit application to be based on "standards and criteria" set forth in the development ordinance and the comprehensive plan. ORS 227.173(1).-' Furthermore, a city must identify approval "criteria and standards" for land use permits and expedited land divisions relevant to the decision and must explain its decisions based upon the facts and how those facts relate to the "criteria and standards" considered relevant to the decision. ORS 227.173(3); BCl 1'artrrer:rlu_p r.,. Cite of Portland, 130 Or App 271, 276 (1994). The Applicant is entitled to know what the standards and criteria are prior to a decision being made, and those same standards and criteria remain fixed. There is nothing in the text or context of the Goal Post Rule to suggest that there is a meaningful difference between "standards" and "criteria" and to support the City's position that "development standards" are somehow exempt from the Goal Post Rule. Or. Rev. Stat. Ann. § 227.173 (1) Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance and which shall relate approval or denial of a discretionary pernut application to the development ordinance and to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole. (2) When an ordinance establishing approval standards is required under ORS "197.307 to provide only clear and objective standards, the standards must be clear and objective on the face of the ordinance. (3) Approval or denial of a permit application or expedited land division shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth. (4) Written notice of the approval or denial shall be given to all parties to the proceeding.