The Hearings Officer’s approval of the proposed development was appealed by the Forest Park Neighborhood Association and the Forest Park Conservancy. Zoning Code Section 33.730.030.G provides that Type III land use review decisions may be appealed to City Council. A Type III land use review appeal is a quasi-judicial action.
Official proposal and impact statementReport2025-161
What is Portland deciding about consider appeal by Forest Park Neighborhood Association and Forest Park Conservancy against the Hearings Officer’s decision to approve…
The Hearings Officer’s approval of the proposed development was appealed by the Forest Park Neighborhood Association and the Forest Park Conservancy. Zoning Code Section 33.730.030.G provides that Type III land use review decisions may be appealed to City Council. A Type III land use review appeal is a quasi-judicial action.
Official impact statementSee the official legal title
Consider appeal by Forest Park Neighborhood Association and Forest Park Conservancy against the Hearings Officer’s decision to approve with conditions an Environmental Review, Conditional Use Review, and two Greenway Reviews for the upgrade and expansion of transmission lines in Forest Park (LU 24-041109 CU EN GW)
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Official matter recordThis proposal concerns land use & permitting and requires action through Portland’s public legislative process.
Official matter classification and recordThis is an appeal of a Type III quasi-judicial land use review, not legislation. The notification procedures for this Type III land use review followed the public notice requirements contained within the Portland Zoning Code, as adopted by the City Council.For Type III land use reviews, the Zoning Code requires public notice of the initial public hearing to be mailed to recognized neighborhood and business associations that are within 1,000 feet of the subject site and to neighbors within 400 feet of the site. In addition, signs notifying the public of the initial hearing were posted at the subject site. City Bureaus were also sent notice. Interested persons were encouraged to write and/or testify at the public hearing conducted before the Hearings Officer.The public hearing before the Hearings Officer took place on January 29, 2025. On March 7, 2025, the Hearings Officer issued a written decision on the proposal (approval with conditions). The City Council decision on the appeal will be the final decision of the City, per Zoning Code Section 33.730.030.I.9. However, the City Council’s decision may be appealed to the Oregon Land Use Board of Appeals (LUBA).
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Meeting-level motion or recommendation
Recorded · 12–0
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Motion to tentatively grant the appeal and overturn the Hearings Officer's decision to approve the application for a denial of environmental review and approval of the two greenway reviews and conditional use review: Moved by Green and seconded by Morillo. (Aye (12): Kanal, Ryan, Koyama Lane, Morillo, Novick, Clark, Green, Zimmerman, Avalos, Dunphy, Smith, Pirtle-Guiney) Oral and written record are closed.
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This is an appeal of a Type III quasi-judicial land use review, not legislation. The City Council decision on this matter will not have financial or budgetary impacts on the City.Land use reviews and appeals are fee supported. City costs associated with this appeal are for staff time to process the appeal.
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Official documents1 sources
Current proposal · not final actionReport 2025-161
The proposed legal text currently moving through Council.
Open at Portland.govRead the full official text
TO THE COUNCIL:The purpose of this memorandum is to provide a brief description of the land use review decision that was appealed, and which will be presented to you in a public hearing on April 17, 2025, at 2:00 pm.Site Location: Forest Park and Harborton SubstationPP&D Representative: Morgan Steele, Senior City PlannerLand Use Review Requested: Type III Environmental Review, Conditional Use Review, and Greenway Reviews for upgraded and expanded transmission lines in Forest Park and Harborton Substation.Proposal: The applicant proposes to construct utility upgrades and expansions within their existing utility easement in Forest Park and at Harborton Substation. The applicant requests Environmental Review, Conditional Use Review, and two Greenway Review approvals for this proposal. Type III Environmental Review is required since the proposal is an “exception” to the Forest Park Natural Resource Management Plan, Conditional Use Review is required by Zoning Code Sections 33.140.100.C and 33.815.040.A.1, the two Greenway Reviews are required by Zoning Code Sections 33.440.320.B and 33.730.140. All reviews were processed under one concurrent Type III land use review.Hearings Officer Decision: The Hearings Officer found that with the conditions of approval listed in the decision, the applicable approval criteria for the Environmental Review, Conditional Use Review, and two Greenway Reviews were met. The Hearings Officer approved the proposal with conditions.Appeal: The Forest Park Neighborhood Association (FPNA) and the Forest Park Conservancy (FPC) have both submitted an appeal of the Hearings Officer’s decision. Both appeals focus on the Hearings Officer’s approval of the Environmental Review stating that “The Hearings Officer misinterpreted and misapplied the standard. There is significant evidence and expert testimony (including the City of Portland Permitting and Development Staff Report) to the contrary of the findings.” Both organizations also argue that the proposal is inconsistent with city code because 1) there are non-park alternatives to PGE’s proposal, 2) the resulting damage from the proposed project cannot be fully mitigated, and 3) PGE’s proposal undermines the Plan’s goal of growing and protecting a self-sustaining ancient forest.Alternatives Facing Council:Deny the appeal and uphold the Hearings Officer’s decision and conditions of approval, with revised findings.Deny the appeal and uphold the Hearings Officer’s decision, but with revised conditions and findings.Grant the appeal and overturn the Hearings Officer’s decision to approve the application, with revised findings.
Meetings, motions, amendments, and votes2 meetings · 2 votes
Findings adoptedAgenda item 3
Tentatively grant the appeal and overturn the decision of the Hearings Officer to approve the application; prepare findingsAgenda item 17
Read all 2 exact motions
Motion to grant the appeal, overturn the Hearings Officer decision, and approve the findings: Moved by Avalos and seconded by Dunphy.
Motion to tentatively grant the appeal and overturn the Hearings Officer's decision to approve the application for a denial of environmental review and approval of the two greenway reviews and conditional use review: Moved by Green and seconded by Morillo. (Aye (12): Kanal, Ryan, Koyama Lane, Morillo, Novick, Clark, Green, Zimmerman, Avalos, Dunphy, Smith, Pirtle-Guiney) Oral and written record are closed.
Meeting-level motion or recommendation · Apr 17, 202512 yes
Motion to tentatively grant the appeal and overturn the Hearings Officer's decision to approve the application for a denial of environmental review and approval of the two greenway reviews and conditional use review: Moved by Green and seconded by Morillo. (Aye (12): Kanal, Ryan, Koyama Lane, Morillo, Novick, Clark, Green, Zimmerman, Avalos, Dunphy, Smith, Pirtle-Guiney) Oral and written record are closed.
Recorded vote · Not yet scheduled12 yes · 0 no
Final action on 2025-161: Consider appeal by Forest Park Neighborhood Association and Forest Park Conservancy against the Hearings Officer’s decision to approve with conditions an Environmental Review, Conditional Use Review, and two Greenway Reviews for the upgrade and expansion of transmission lines in Forest Park (LU 24-041109 CU EN GW)
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- First discovered
- Aug 13, 2026, 1:15 PM PDT
- Last checked
- Sep 14, 2026, 2:23 AM PDT
- Evidence hash
- 3d8aafd6695e69ac
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- SOURCE UPDATED
Findings adopted
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Observed in the official source.
- Council Action
Findings adopted
- Council Action
Tentatively grant the appeal and overturn the decision of the Hearings Officer to approve the application; prepare findings