2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />.17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />CITY OF EUGENE <br />CITY ATroRNEY'S <br />OFFICE <br />126 E.IP Avenue <br />Eugene, OR 57401 <br />Phone (541) 682-6447 <br />Fax(541)662-5414 <br />Accordingly, LUBA cannot require the City to impose a particular condition <br />of approval. The question is whether the decision, including the conditions <br />of approval that were imposed, demonstrates compliance with the applicable <br />approval criteria. The City required the applicant to dedicate half of the <br />necessary right-of-way width.8 It chose not to require full improvement at <br />this time because it found that the existing road was not unsafe. Intervenor <br />has failed to demonstrate how the decision falls short of satisfying the <br />applicable approval criteria. <br />2. Response to Fourth Sub Assignment of Error (1.D) <br />The City did not err in concluding a TIA was not required <br />As discussed,above, the demonstration of transportation safety in EC <br />9.8320(5) is fulfilled by finding compliance with subsections (a), (b) and (c). <br />Subsection (c) requires'the provision of a traffic impact analysis (TIA) <br />where one is required pursuant to EC 9.8650 through 9.8680. EC 9.8670 <br />provides the trigger mechanisms for requiring a TIA.9 Both the Hearings <br />s Intervenor's second subassignment of error also challenges the City's <br />decision to grant an exception to the cul-de-sac requirements found in EC <br />9.6820. The City defers to the brief of Intervenor-Respondent on this issue. <br />'EC 9.8670 provides: <br />"Applicability. Traffic Impact Analysis Review is required when one <br />of the conditions in subsections (1) - (4) of this section exist <br />unless the development is within an area (a) shown on Map <br />9.8670 Downtown Traffic Impact Analysis Exempt Area, or (b) <br />subject to a prior approved Traffic Impact Analysis and is <br />consistent with the impacts analyzed. <br />(1) The development will generate 100 or more vehicle trips <br />during any peak hour as determined by using the most recent <br />edition of the Institute of Transportation Engineer's Trip <br />Generation. In developments involving a land division, the <br />Page 15 - BRIEF OF RESPONDENT <br />