terms. Staff than makes clear that they cannot take even the step of posting "No <br />Parking" signs unless and until the street is improved - "and not before." Thus, the <br />conclusion is rendered invalid by an existing condition that nothing in the record <br />indicates can be feasibly resolved. <br />EC 9.8320(5)(c) <br />The Staff Report again states: <br />"Referral comments from Public Works staff indicate no concerns related to traffic <br />safety issues <br />This is the identical conclusory statement found on page 11 of the Eugene Public Works <br />Referral Comments, and there is no evidence or analysis to support the conclusion. The <br />conclusion is completely inconsistent with the more specific findings under the <br />"Constitutional Findings for Exaction" section of the Staff Report (as discussed above) <br />and cannot be relied upon for a finding of consistency with EC 9.8320(5)(c). <br />EC 9.8320(6) <br />The Staff Report provides no findings with respect to the safe passage of emergency <br />vehicles from River Road to the end of Oakleigh Lane. Instead, the report merely states <br />this has "been previously addressed with respect to EC 9.8320(5)(b) and (11)(b)." <br />However, under the "Constitutional Findings for Exaction" section provided under <br />EC 9.8320(5)(a), the report states: <br />" emergency response and access will be at risk if the 22.5 and 13 foot strips of <br />right-of-way are not dedicated." (Emphasis added.) <br />If lack of the mere dedication (not actually paving) of a 221/2foot right-of-way for 50 feet <br />adjacent to the development would put emergency response and access "at risk," than <br />the remaining 20-foot right of way and 18'-20' pavement all the way from River Road to <br />the development must logically mean emergency response and access will be remain at <br />risk after the development is occupied for as long as Oakleigh Lane remains in its <br />current narrow, unimproved, unmaintained state. <br />EC 9.8320(11)(b) <br />The Staff Report addresses EC 9.6505(3) Streets and Alleys by reference to the Eugene <br />PWD Referral Comments. At pages 14 and 15, these comments state: <br />"Until such time that property owners elect to improve Oakleigh Lane to full City <br />standards, including sidewalks, the existing paved surface in Oakleigh Street will <br />continue to adequately provide for motorized and foot traffic, as well as for <br />emergency vehicles and delivery services, provided the paved surface is not blocked <br />by parked vehicles. Since the existing paved surface provides safe passage for two- <br />way vehicular traffic, bicycles, pedestrians and emergency vehicles, and since there <br />October 9, 2013 Conte testimony re PUD 13-1 16 1 P a g e <br />