2 <br />3. Statutory Basis of Appellate Jurisdiction. <br />This court has jurisdiction over final orders of LUBA pursuant to ORS <br />197.850(1). LUBA's Opinion is a final order pursuant to OAR 661-010- <br />0070(1). <br />4. Date of Entry of Final Order. <br />LUBA issued its Opinion and Order on August 21, 2014. ER p 1. The <br />Petition for Judicial Review was filed and served on September 10, 2014. <br />LUBA Rec pp 1 - 2. The Petition for Judicial Review was timely filed under <br />ORS 197.850(3)(a). <br />5. Nature and Jurisdictional Basis of Agency Action. <br />As the City's decision was a final decision granting approval for a <br />tentative planned unit development application, LUBA had jurisdiction over the <br />City's decision under ORS 197.825(1). <br />6. Questions Presented on Appeal. <br />(a) Did LUBA err in denying Petitioner Simon Trautman's Motion to <br />Intervene, when the Notice of Intent to Appeal was improperly filed and was <br />not served on all participants in the proceeding before the City? <br />(b) Did LUBA err in affirming the City's interpretation of EC <br />9.8320(5) and (6) to not require any evaluation of standards for the <br />OCTOBER 2014 <br />