Attachment B <br />analysis in the record. There is no argument that the applicant's stormwater analysis is in error, <br />or does not conform to the city's Stormwater Manual.- <br />The applicant's stormwater analysis is substantial evidence showing that the anticipated <br />amount of stormwater generated by the development can be adequately treated and <br />discharged in compliance with EC 9.8320(6). Mr. Rubin's comments do not contradict or <br />undermine the applicant's report sufficient to conclude that the applicant's information is <br />unreliable. WalmortStores Inc. v. City of Bend, 52 Or LUBA 261, 272 (2006). <br />EC 9.8320(7): Adequate public facilities and services are available to the site, or if public <br />services and facilities are not presently available, the applicant demonstrates that the <br />services and facilities will be available prior to need. Demonstration of future availability <br />requires evidence of at least one of the following: <br />(a) Prior written commitment of public funds by the appropriate public agencies. <br />(b) . Prior acceptance by the appropriate public agency of a written commitment by <br />the applicant or other party to provide private services and facilities. <br />(c) A written commitment by the applicant or other party to provide for offsetting <br />all added public costs or early commitment of public funds made necessary by <br />development, submitted on a form acceptable to the city manager. <br />Staff relied on the Public Works staff findings that adequate public utilities and services, <br />including wastewater service, are presently available to the site as indicated on the applicant's <br />plans. Further findings at EC 9.8320(11)(b) and (j), regarding public improvements and <br />stormwater respectively, are incorporated herein by reference as further evidence that these <br />services are available to or can be retained on-site. The provision of water and electric services <br />and other utilities is subject to review by the Eugene Water and Electric Board (EWEB) or other <br />utility providers. Referral comments from EWEB staff confirm that the water system needs to <br />be upgraded within Oakleigh Lane and looped through the subject property for a connection <br />with the system in McClure Lane. Approval conditions related to water service are included <br />below, at EC 9.8320(11)(b). The applicant's written statement also confirms their commitment <br />to provide funds necessary for development. The Hearings Official agrees with these findings <br />and adopts them by this reference. <br />EC 9.8320(8): Residents of the PUD will have sufficient usable recreation area and open space <br />that is convenient and safely accessible. <br />Staff concluded, and the Hearings Official agrees, that the applicant's site plan shows common open <br />space provided at the center of the development that is convenient and safely accessible by all <br />residents. Further, there is ample open space as part of the abutting City parkland, which abuts the <br />east boundary of the subject property and includes regional bicycle facilities (i.e. the West Bank <br />Bike Path). This criterion is met. <br />EC 9.8320(9): Stormwater runoff from the PUD will not create significant negative impacts <br />on natural drainage courses either on-site or downstream, including, but not limited to, <br />Hearings Official Decision (PDT 13-1, WG 13-1) 31 <br />