Official and the Planning Commission determined that none of the triggering <br />2 <br />events was present. Accordingly, it could not require a TIA. <br />Intervenor asserts that EC 9.8670 requires a TIA. in this instance under <br />4 <br />6 <br />7 <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 />CITY OF EUGENE25 <br />CITY ATT'ORNEY'S <br />OAF#CE <br />125 E. S" Avenue <br />Fugene, OR 97401 <br />Phone (541) 562-8447 <br />Fax (541) 6825414 <br />subsection (2) because there are "identified locations where pedestrian <br />and/or bicyclist safety is .a concern by-the city that is documented." Under <br />subsection (2), a TIA is required where the decision maker determines that <br />peak hour trips shall be calculated based on the likely <br />development that will occur on all lots resulting from the <br />land division. <br />(2) The increased traffic resulting from the development will <br />contribute to traffic problems in the area based on current <br />accident rates, traffic volumes or speeds that warrant action <br />under the city's traffic calming program, and identified <br />locations where pedestrian and/or bicyclist safety is a <br />concern by the city that is documented. <br />(3) The city has performed or reviewed traffic engineering <br />analyses that indicate approval of the development will result <br />in levels of service of the roadway system in the vicinity of <br />the development that do not meet adopted level of service <br />standards. <br />(4) For development sites that abut a street in the jurisdiction of <br />Lane County, a Traffic Impact Analysis Review is required if <br />the proposed development will generate or receive traffic by <br />vehicles of heavy weight in their daily operations. <br />For purposes of EC 9.8650 through EC 9.8680, `daily operations' <br />does not include routine services provided to the site by others, <br />such as mail delivery, garbage pickup, or bus service. `Daily <br />operations' does include, but is not limited to, delivery (to or from <br />the site) of materials or products processed or sold by the business <br />occupying the site. -For purposes of EC 9.8650 through EC <br />9.8680, `heavy vehicles' are defined as a single vehicle or vehicle <br />combination greater than 26,000 pounds gross vehicle weight or <br />combined gross vehicle weight respectively." <br />Page 16 - BRIEF off` REsPONDENT <br />