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Eugene Planning Commission August 22, 2016 Page 3 "Street Trees. Street tree requirements are specified in EC 7.280 Street Tree Program -Policies, Standards, Procedure." The provisions of EC 7.280 are attached hereto as Exhibit 2. They require approval of a street tree plan consistent with the city's administrative rules. Initially, street trees may be either in the right-of-way or on the private property. That is plain from the last phrase in the definition of "street tree" in EC 9.0500: Street Tree. A living, standing tree with a trunk diameter or, for trees with multiple trunks, a cumulative trunk diameter, of at least 1-1/2 inches at a point 6 inches above mean ground level at the base of the trunk, and that is located within the public street right-of-way, or shown on an approved street tree plan. Evidence in the record demonstrates that the proposal either already provides, or can be conditioned to provide, street trees in a manner that will comply with the requirements of EC 7.280. As background, attached to this appeal statement as Exhibit 3 is Attachment C, the Tree Preservation Plan site plan from the Applicant's April 4, 2016 Revised Application and, as Exhibit 4, Attachment I from the Revised Application, the landscaping plans for the project. From the landscaping plan, Exhibit 4 hereto, one can see that the proposal includes the planting of 12 trees immediately along the east boundary line by the parking area, and an additional 6 trees on planting islands that extend into the parking stalls along that stretch. In addition, the Tree Preservation Plan, Exhibit 3 hereto, shows 13 cedar and pine trees within the public right of way between the subject property and the freeway interchange. Consequently, at least 25 trees either exist or are proposed in close proximity to the east property line between the subject property and the "street." Furthermore, the design of the property allows for additional trees to be placed, if necessary, in the landscaping strip along the eastern boundary of the property. There are either sufficient existing and planned trees to satisfy the street tree standards, or the ability to add additional trees to meet those standards, such that the Planning Commission can conclude that this standard can be met with conditions. All that is lacking is a drawing entitled "Street Tree Plan" for the City to approve. Case law is clear that if the evidence in the record demonstrates that a standard can be met, a decision maker can and should conclude that the standard is satisfied and impose conditions of approval that ensure the standard is met when development occurs. This is what the Applicants request from the Planning Commission. The evidence in the record demonstrates that it is possible for the proposal as designed to satisfy the street tree requirements. All that is needed i~ for the street tree plan to be prepared and approved by the City and additional trees included for planting, if necessary.