goal would still apply to all other proposed development in the greenway. This argument does not <br />provide a basis to trump the needed housing statutes. <br /> The ACA first argues that prior to the 2017 amendments to the needed housing statutes, <br />the clear and objective standards requirement only applied to the development of needed housing <br />on buildable lands. The ACA further argues that the subject property was not considered buildable <br />lands because it is in the greenway. The 2017 amendments to the needed housing statute eliminated <br />the restriction of the clear and objective standards to buildable lands and applied them to not only <br />all needed housing but all housing period. According to the ACA, “\[t\]here is no indication that the <br />legislature intended to change this \[that the application was not entitled to clear and objective <br />standards\] when it passed * * * a revised version of ORS 197.307(4) that does not include the <br />reference to ‘buildable land.’” ACA Memorandum 3. On the contrary, I agree with the applicant <br />that if anything the opposite conclusion should be drawn: <br />“It is difficult to conceive of any other intent of the legislature than to rub out <br />the issue of whether the clear and objective standards of ORS 197.307(4) applies <br />to land outside of the buildable lands inventory than the text of the new statute. <br />Whatever it meant before, it is now crystal clear that ORS 197.307(4) applies to <br />all housing – not just housing in the \[buildable lands inventory\].” Applicant’s <br />6 <br />July 23, 2018 Memorandum 10-11. <br /> Next, the ACA argues ORS 309.314 and Goal 15 must take precedence over ORS <br />7 <br />197.307. According to the ACA, when a general statutory provision and a particular statutory <br />8 <br />provision are inconsistent, the particular intent controls. The ACA argues that Goal 15 and ORS <br />390.314 speak to a particular concern – preservation of the Willamette River Greenway – while <br />ORS 197.307(4) applies to all lands and housing in the state. I agree with the applicant that the <br />opposite argument is more persuasive – that ORS 197.307(4) has the more narrow particular intent <br />– housing development – while Goal 15 applies to all development in the greenway. Furthermore, <br />as the applicant explains, ORS 197.307(4) was the later enacted statute. ORS 174.010 requires <br />6 <br />Although I do not see that it affects my analysis, the applicant persuasively explains that although there is a <br />presumption that lands such as those in the greenway would not be on the buildable lands inventory that local <br />governments could include them if they wished and that the City did include the subject property on the buildable <br />lands inventory. <br />7 <br />ORS 390.314 provides the legislative findings and policy to establish the Willamette Greenway. Goal 15 expounds <br />on those policies, and the City implemented Goal 15 through EC 9.8815. <br />8 <br />ORS 174.020(2) provides: “When a general provision and a particular provision are inconsistent, the latter is <br />paramount to the former so that a particular intent controls a general intent that is inconsistent with the particular <br />intent.” <br />Hearings Official Decision (WG 18-3/SR 18-3/ARA 18-8) 12 <br /> <br />