and the adopted policies of the Urban Forest Management Plan. Street trees shall be <br />planted in accordance with the approved street tree plan as each lot or area is developed, <br />and shall be required on streets that abut the development cis well as on new streets within <br />the development site." (Emphases added.) <br />The applicant points to the first emphasized language to argue that the policy, and therefore <br />EC 9.2170(5)(d), does not apply unless the development involves the creation of a new street. <br />According to the applicant, because the proposed hotel does not involve the creation of a new <br />street, no street tree standards apply. VRI points to the second emphasized language to demonstrate <br />that the policy clearly contemplates situations involving streets that are not new being required to . <br />comply with the street tree standards. I agree with VRI. The second emphasized language seems <br />to suggest that existing streets are also subject to the street tree standards. Furthermore. EC <br />9.2170(5)(d) requires street tree standards for commercial development in general - not just <br />commercial development that creates a new street. The application has not provided a street tree <br />plan or provided any evidence regarding compliance with this standard. EC 9.2170(5)(d) is not <br />satisfied. <br />3. Underground Utilities <br />Another applicable development standard under EC 9.8440(5S)(k) is EC 9.2170(10), which <br />requires that "[a]ll utilities on the development site shall be placed underground. * * VRI argues <br />that the proposed stormwater facilities are not underground facilities. VRI points to the language <br />in the application narrative that states that utilities would be underground "with the exception of <br />davliaht stormwater facilities needed to treat or detain run-off prior to entering the public drainage <br />system, and utility vaults that must be installed above ground." <br />While the language from the application narrative appears to concede that there are above- <br />ground facilities, unlike power, sewer, and water utilities storrmvater facilities obviously have to <br />deal with a substance that originates above ground. In order to get stormwater into the around there <br />must be some process for directing the stormwater such as gutters, drains, and infiltration svstems. <br />While the language used in the application narrative was confusing, I do not see that filtration <br />planter boxes that treat stormwater before it goes underground runs afoul of the undergrounding <br />utilities provision. EC 9? 170(10) is satisfied. <br />4. Off-Street Parking <br />Another applicable development standard under EC 9.8440(5)(k) is EC 9.2173)(4)(a), <br />which provides that "[n]o off-street parking shall be located between the front fagade of any new <br />Hearings Official Decision (WG 16-1/SR 16-1/ARB 16-3) 8 <br />