Council, Planning Commission agree to keep de novo appeals with clarified citation requirements

The West Linn City Council and Planning Commission discussed proposed code process amendments on Nov. 18 and reaffirmed keeping the de novo appeals process in the municipal code while clarifying application requirements. Staff presented ordinance 1755 and accompanying memos and said the Planning Commission recommended retaining de novo but asked appellants to specify the relevant municipal code or community development code citations when filing an appeal.

Multiple public commenters, including Nicole Jackson and Kathy Hallicky, urged the council to keep de novo so residents without legal representation can present new evidence at the council level. Staff and commissioners emphasized the intent to balance access for lay residents with the need to apply the code and provide clarity about grounds for appeal: the proposed language removes ambiguous subparts and requires a specific citation to the code section being appealed.

Commissioners and staff noted that de novo appeals can help correct errors before a case goes to the Land Use Board of Appeals (LUBA), potentially reducing remands. Staff also presented a regional comparison showing a mix of approaches among nine jurisdictions; most route appeals through planning commissions, while Tigard uses a hearings officer (with cost implications). The council expressed appreciation for the compilation and indicated readiness to set a public hearing in December for ordinance 1755.

No final vote was taken on Nov. 18. Staff will clean up the ordinance language to ensure approval-criteria citations are required, circulate updated materials, and schedule the public hearing and adoption steps in December.