II. RECORD BEFORE THE PLANNING COMMISSION <br />The record before the Planning Commission consists of the Eugene Planning Commission Agenda Item. <br />Summaries and related attachments for Appeal of Hearings Official Decision: AT & TMobility Cell <br />Tower - Oakway Golf Course (PDT 10-2 & CU 11-1) dated August 31, 2011, September 19 and 26, 2011; <br />the written and oral testimony presented by appellants, applicant, and other parties to the Planning <br />Commission; the decision of the Eugene Hearings Official dated August 2, 1011; and all record <br />materials (including written and oral testimony, City staff reports and application materials) presented <br />to and not rejected by the Hearings Official. The entire City Planning & Development Department file <br />was physically before, and subject to limited exceptions specifically stated in Section III of this Order, <br />not rejected by, the Planning Commission prior to its final decision. <br />EC 9.7655(2) limits the nature of evidence that the Planning Commission can consider on appeal as <br />follows: "The record from the proceeding of the Hearings Official or Historic Review Board shall be <br />forwarded to the appeal review authority. No new evidence pertaining to the appeal issues shall be <br />accepted." Pursuant to this section, the Planning Commission cannot accept any new evidence, and <br />there is no process for an exception to this rule. In accordance with EC 9.7655(2) the Planning <br />Commission cannot accept the new evidence noted below and therefore does not consider the <br />following items as part of the Planning Commission's decision on this appeal: <br />1. Two pictures submitted by Bonnie Baker in the August 31, 2011 public hearing. <br />2. A September 21, 2010 letter relating to a public records request, submitted by Northgreen <br />Property as part of its appeal. <br />As noted above, the Planning Commission's decision on this appeal is otherwise based upon <br />consideration of all other relevant evidence and argument within the record to date. <br />III. FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />After consideration of the applicable law and all argument and evidence in the record, the Planning <br />Commission finds that the subject applications meet all applicable PUD and CUP approval criteria from <br />EC 9.8320 and EC 9.8090, with additional findings and modified conditions of approval described <br />below. In the event of.any conflict between the Hearings. Official's decision and this Final Order, this <br />Final Order shall prevail. <br />As noted above, the New Cingular appeal is comprised of 2 assignments of error and the. Northgreen <br />Property appeal consists of 13 assignments of error. To differentiate the appeals, the findings refer to <br />the numbered appeal issues below under the heading of "New Cingular" or "Northgreen Property". <br />Each assignment of error is set forth below, followed by the Planning Commission's findings of fact and <br />conclusions of law as to each one. <br />New Cingular First Assignment of Error: <br />Requirement that the new noise study not include a variance. <br />New Cingular requests that the Planning Commission either accept new evidence into the record or <br />remand the Hearings Official.decision so that the Hearings Official may do so. Specifically, New <br />Cingular wishes to submit a new noise study and/or variance request to address the noise standard <br />Final .Order - AT&T Mobility <br />(PDT 10-2 & CU 11-1) October 4, 2011 Page 2 <br />