<br />A.Threshold Issue <br />The applicant argues that the City may not require TIA approval in order to proceed with the <br />proposed development because the proposed development is needed housing. There is no dispute <br />that the proposed development qualifies as needed housing. ORS <br />197.307(4) provides: <br />government may adopt and apply only clear and objective standards, conditions <br />and procedures regulating the development of needed housing on buildable <br />lands described in subsection (3) of this section. The standards, conditions and <br />procedures may not have the effect, either in themselves or cumulatively, of <br />discouraging needed <br /> The TIA standards are certainly not clear and objective. EC 9.8680 provides the approval <br />criteria for TIA review: <br />or deny an application for Traffic Impact Analysis Review following a Type II <br />process, or as part of a Type III process when in conjunction with a CUP or <br />PUD. Approval or conditional approval shall be based upon compliance with <br />the following criteria: <br /> Traffic control devices and public or private improvements as <br />necessary to achieve the purposes listed in this section will be <br />implemented. These improvements may include, but are not <br />limited to, street and intersection improvements, sidewalks, bike <br />lanes, traffic control signs and signals, parking regulations, <br />parking regulations, driveway location, and street lighting. <br /> Public improvements shall be designed and constructed to the <br />standards specified in EC 9.6505 Improvements Specifications. <br />The requirement of improvements based on traffic impact analysis <br />does not negate the ability of the city traffic engineer to require <br />improvements by other means specified in this code or rules or <br />regulations adopted thereunder. <br /> In addition to the above criteria, if the Traffic Impact Analysis <br />Review was required based on EC 9.8670(4), the improvements <br />shall also address the structural capacity of the street in the <br />deficiencies, or reduction in the useful life of existing street <br />structures related to the proposed development. Improvements <br />may be needed to eliminate the identified structural deficiencies <br />and to accommodate vehicle impacts to structures. <br /> <br />Hearings Official Decision (SR 17-2) 4 <br /> <br />