Eugene Planning Commission <br />August 22, 2016 <br />Page 4 <br />The Applicant requests the Planning Commission to conclude that that the application has <br />demonstrated compliance and/or the ability to comply with EC 9.2170(5)(d) and to impose the <br />following proposed condition of approval. <br />"The street tree requirements of EC 7.280 apply to the Valley River Way and <br />Delta Highway frontages. As required by EC 7.280(3), prior to development, the <br />City shall approve final development plans including a street tree plan consistent <br />with EC 7.280 and city administrative rules. Under no circumstances should the <br />street tree plan authorize fewer trees than shown on the approved Tree <br />Preservation Plan and Landscaping Plan." <br />Second Issue: Storm Water Quality: EC 9.6792Q)(d)(2) - The Hearings fficial inadvertently <br />applied a standard that relates to off site storm water quality management to an applicant's <br />statement regarding the payment ofSDCs for storm water flood control. The Applicant <br />complies with storm water quality standards by demonstrating storm water quality will be <br />handled on site and therefore satisfies the requirements of EC 9.6792Q)(d)(1). EC <br />9.792Q)(d)(2) does not apply to this proposal. <br />The Hearings Officer's error under this approval criterion is the result of his misunderstanding <br />of the City's storm water management approval criteria, the incorrect attributing of evidence in <br />the record towards one standard when it was directed to another standard, and an editing error <br />made by the Applicant. When the right dots in the record are connected, it should be plain that <br />this standard is met. <br />The Applicant will carefully explain the above but the end result is simple. The Applicant <br />demonstrated compliance with the City's storm water quality standards by demonstrating that <br />storm water quality will be managed on site under EC 9.6793(d)(1). Consequently, the City's <br />off-site water quality standards under EC 9.6792(3)(d)(2) do not apply to this application, and <br />the Hearings Officer erred in concluding the applicant failed to satisfy that standard. Decision, <br />p. 11-12. <br />As its title suggests, EC 9.6792 Stormwater Quality provides the standards for managing storm <br />water quality. The Planning Commissioners should be aware that this contrasts with the <br />provisions of EC 9.6791 Stormwater Flood Control, which provide standards for managing <br />potential flood hazards, often through storm water detention. A copy of both standards is <br />provided at Exhibit 5 hereto. <br />EC 9.6792(3)(d) provides two different standards for managing storm water quality. One <br />applies for on-site management of storm water quality - subsection (1). The other applies for <br />off-site management of storm water quality - subsection (2). EC 9.6792(3)(d) states: <br />"(d)For development permit applications, stormwater quality facilities <br />