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with VRI. The second emphasized language seems to suggest that existing streets are also subject to the street tree standards. Furthermore, EC 9.2170(5)(d) requires street tree standards for commercial development in general - not just commercial development that creates a new street. The application has not provided a street tree plan or provided any evidence regarding compliance with this standard. EC 9.2170(5)(d) is not satisfied" (Hearings Official Decision, page 8). Summary of Appellant's Argument: The appellant states that "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" (Appeal Statement, page 3). The appellant further explains that "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," and that "Case law is clear that if 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 the development occurs" (Appeal Statement, page 3). Accordingly, the appellant recommends to the Planning Commission that they impose the following condition of approval to ensure compliance with the street tree standards: Applicant's Recommended Condition: "The street tree requirements of EC 7.280 apply to the Valley River Way and Delta Highway frontages. As required by EC 7.280(3), prior to development, the City shall approve final development plans including a street tree plan consistent with EC 7.280 and city administrative rules. Under no circumstances should the street tree plan authorize fewer trees than shown on the approved Tree Preservation Plan and Landscaping Plan." Staff Comments: VRI and the Hearings Official note that street trees are required on streets abutting the development site. On occasion, a development will reconstruct or construct the remaining half of an existing street. The street tree criterion allows the City to implement a street tree plan on streets that are existing, but are not fully developed to urban standards. Public Works staff have consistently interpreted and applied the street tree criterion in this way. However, in this case no street improvements are proposed (or required), and therefore Public Works would not require new street trees. Secondly, and perhaps more importantly, Public Works staff note that 1-105 and Delta Highway are owned in fee by Lane County and the Oregon Department of Transportation (ODOT). The City of Eugene does not have jurisdiction in these rights-of-way; consequently, the City cannot apply public improvements standards (i.e. street tree plans) to right-of-way that is not under the City's jurisdiction. Finally, staff notes that the development has limited frontage on Valley River Way, all of which is encumbered by a driveway apron and sidewalk. City of Eugene Street Tree Program Administrative Rule R-7.280 forbids the installation of street trees in and near locations that are encumbered by sidewalks and driveway aprons. In other words, street trees are physically prohibited by rule at this location along Valley River Way. Planning Commission Options: If the Planning Commission determines the Hearings Official did not error in his decision to determine Page 3 PC Agenda - Page 3