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Appeal-Application-2018 Fillable CITY OF HOOD RIVER

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NOTICE OF APPEAL
A land use decision shall be final, unless a written Notice of Appeal is filed with the
Planning Department within 12 days of the final decision (date Notice of Decision is mailed
to applicant and parties of record); or, unless prior to that date, the City Council, on its own
motion, orders a review of the decision.
Every Notice of Appeal shall contain:
1. A copy of the application or adequate reference to the matter sought to be
appealed and the date of the decision.
2. A statement describing how the appellant qualifies as a party.
3. The specific grounds why the decision should be reversed or modified based
on the applicable criteria or procedural error. The grounds shall be raised
with sufficient specificity so as to afford the reviewing body an adequate
opportunity to respond to each issue.
4. The required appeal fee, which is equal to the original application fee.
File No.: ________________
Fee: ________________
Date Rec’d: ________________
CITY OF HOOD RIVER
APPEAL APPLICATION
(1/2 of appeal fee to be refunded if appellant prevails on appeal)
Submit the completed application form with three (3) complete paper copies including full-
and reduced sized plans, one electronic copy (original .pdf) and appropriate fees to the City
of Hood River Planning Department, 211 2nd St., Hood River, OR 97031. Additional paper
copies may be required as determined by staff. If you have any questions, please contact the
Planning Department at (541) 387-5210.
APPLICANT / APPELLANT:
Name:
Address:
(physical)
(mailing)
(email)
Telephone:
Cell Phone:
Signature:
Date:
FILE BEING APPEALED: File Name
File #:
DATE OF NOTICE OF DECISION:
DATE OF APPEAL:
(must be within 12 days from the date of the Notice of Decision)
ACTION SUBJECT TO APPEAL:
BASIS FOR THIS APPEAL: On a separate sheet of paper, list in detail the specific
grounds why the decision should be reversed or modified based on the applicable criteria or
procedural error. The grounds shall be raised with sufficient specificity so as to afford the
reviewing body an adequate opportunity to respond to each issue.
APPLICANT QUALIFIES AS A PARTY BECAUSE:
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CHAPTER 17.09 - REVIEW PROCEDURES
Legislative History: Ord. 1488 (1980); Ord. 1489 (1981); Ord. 1535 (1983); Ord. 1559 (1985);
Ord. 1578 (1986); Ord. 1638 (1991); Ord. 1816 (2001); Ord. 1877 (2005); Ord. 2002 (2011).
17.09.070 Appeal Procedures. The following procedures apply to appeals of final decisions
on ministerial and administrative planning actions made by the Director and final decisions on
quasi-judicial planning actions made by either the Historic Landmarks Board or the
Commission. The Planning Director may adopt supplemental rules of procedure addressing
matters not included in this section.
A. Right to Appeal Decisions. The following persons may appeal a final decision described
above:
1. Ministerial Decisions.
a. The applicant.
2. Administrative Decisions.
a. The applicant.
b. Any person who was mailed a notice of decision.
c. A person entitled to notice and to whom no notice was mailed. A person to whom
notice is mailed is deemed notified even if the notice is not received.
d. Any party of record to the particular action.
e. The City Council upon a majority vote.
f. The Planning Commission upon a majority vote; the Planning Commission may
only appeal administrative decisions or Historic Landmarks Review Board
decisions. An appeal by the Planning Commission on an administrative decision
shall go before the Planning Commission.
g. The Historic Landmarks Review Board upon a majority vote; the Historic
Landmarks Board may only appeal administrative decisions made pursuant to the
Historic Preservation Section. An appeal by the Landmarks Review Board on an
administrative decision is heard by the Landmarks Review Board.
3. Quasi-Judicial Decisions.
a. The applicant.
b. Any person who was mailed a notice of decision.
c. A person entitled to notice and to whom no notice was mailed. A person to whom
notice is mailed is deemed notified even if the notice is not received.
d. Any party of record to the particular action.
e. The City Council upon a majority vote.
B. Filing Appeals. To file an appeal an appellant must
1. File a completed Notice of Appeal application on a form prescribed by the Planning
Department.
2. Include the standard appeal fee as part of the Notice of Appeal application.
3. File the Notice of Appeal application and appeal at the Planning Department office no
later than 5:00 PM on the twelfth (12
th
) day following the date the decision became
final.
C. Notice of Appeal Application. Every Notice of Appeal application shall include
1. The appellant’s name and address, and a statement describing how the appellant
qualifies as a party;
2. The date and a brief description of the decision being appealed;
3. The specific grounds why the decision should be reversed or modified based on the
applicable criteria or procedural error;
4. For appeals to City Council if the appellant is not the applicant, a statement
demonstrating that the appeal issues were raised below; and
5. The appeal fee.
D. Jurisdictional Defects.
1. Any Notice of Appeal application that is received after the deadline, or is not
accompanied by the required appeal fee shall not be accepted for filing.
2. The failure to comply with any other provision of Subsections (B) or (C) above shall
constitute a jurisdictional defect. A jurisdictional defect means the appeal is invalid and
no appeal hearing will be held. Determination of a jurisdictional defect shall be made
by the Planning Director, with the advice of the City Attorney, after the expiration of
the twelve (12) day appeal period described in Subsection (B)(3) above. The Planning
Director’s determination may be subject to appeal to the State Land Use Board of
Appeals (LUBA).
E. Consolidation of Appeals. If more than one (1) party files a Notice of Appeal application
on a planning action decision, the appeals shall be consolidated, noticed, and heard as one
(1) proceeding.
F. Notification of Appeal Hearing. The Notice of Appeal application, together with notice
of the date, time, and place of the appeal hearing shall be mailed to all parties of record at
least fourteen (14) days prior to the hearing.
G. Appeal Hearing Procedures. All quasi-judicial hearings shall be held in accordance with
Oregon public meeting laws as described in ORS 192.610-192.710.
1. Administrative and Ministerial action appeals are heard de novo before the Planning
Commission or Landmarks Review Board, as appropriate, pursuant to the procedures in
Public Hearings section of this Chapter with the following exception:
a. The order of testimony shall be as follows:
(1.) The appellant’s case
(2.) Other testimony or evidence in support of the appeal
(3.) The applicant’s case
(4.) Other testimony or evidence in support of the applicant’s case
(5.) Rebuttal by the appellant, which shall be limited to comments on evidence in
the record
2. Quasi-Judicial action appeals are heard on the record before City Council. Appeals to
the City Council are conducted per the procedures in the Public Hearings section of
this Chapter with the following exceptions:
a. Scope of Appeal. The appeal of a quasi-judicial decision is limited to the specific
grounds in the Notice of Appeal application provided those grounds were raised
below. The appeal record is limited to the record created below during the
proceedings prior to appeal to the City Council.
b. The order of testimony shall be as follows:
(1.) The appellant’s case
(2.) The applicant’s case
(3.) Rebuttal by the appellant, which shall be limited to comments on evidence in
the record
3. Unless excused by the hearing body, the appellant shall attend the appeal hearing.
H. Decision of Appeal.
1. The hearing body on appeal may affirm, reverse, or modify the planning action
decision being appealed, including approving, approving with conditions, or denying a
particular application.
2. The hearing body on appeal shall make findings and conclusions, and make a decision
based on the hearing record, except in cases of appeals of ministerial and administrative
actions, which are heard de novo.
3. Copies of the appeal decision shall be sent to all parties participating in the appeal.
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Appeal-Application-2018 Fillable CITY OF HOOD RIVER

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Completed 2 November 2019

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