Smith v. City of Portland

Petitioner seeks review of LUBA’s decision affirming the City of Portland’s conditional use permit for a homeless shelter. The shelter was allowed as an “institutional care facility” (ICF), rather than a “residential care facility” (RCF). The former is defined in Portland City Code 33.12.427:

“ ‘Institutional care facility’ means an establishment which provides housing, training or care to more than 15 people who require such services by reason of their circumstances or condition.

“A facility or institution that is operated for the purpose of providing both care and planned treatment or planned…