Sean T. Malone <br />Attorney at Law <br />259 E. Fifth Ave., Tel. (303) 859-0403 <br />Suite 200-C Fax (650) 471-7366 <br />Eugene, OR 97401 seanmalone8@hotmail.com <br />June 18, 2018 <br />Via Email <br />Eugene Planning Commission <br />c/o Eugene Planning and Development <br />th <br />99 W. 10 Ave <br />Eugene, OR 97401 <br />nick.r.gioello@ci.eugene.or.us <br />NGioello@eugene-or.gov <br />Re: FNA/LHVC Remand Testimony the Capitol Hill Tentative PUD Plan <br />Application, PDT 17-001, Map 18030431 <br />Please accept this remand (LUBA No. 2018-080) testimony on behalf of the Fairmount <br />Neighborhood Association, Laurel hill Valley Citizens and the Joint Response Committee of the <br />Fairmount Neighborhood Association and Laurel Hill Valley Citizens for the Capitol Hill <br />Tentative PUD plan application. <br />LUBA remanded the challenged decision under EC 9.8320(6) and EC 9.9630. In short, <br />LUBA understood the applicants geotechnical review to be insufficient because the review <br />disproportionately considered only the most gently-sloping area and the Countys findings failed <br />to respond to the unrebutted testimony of Dr. Gunnar Schlieder of GeoScience, Inc. Again, <br />however, the applicant largely ignores the steep areas of concern to the point where the <br />submitted information does not allow the decision-maker to sufficiently determine the <br />presence/absence of existing slope movement sin the eastern portion of the subject property. <br />After initially failing to identify any landslides, the applicants consultant identified three <br />landslides, alleging that they are historic. GeoScience, however, demonstrates unequivocally <br />that the landslides are not just historic but also active. GeoScience identifies a deformed, <br />roughly 50-year-old barn, where the structure is being pulled downslope, consistent with an <br />active landslide. GeoScience went even further with their survey of homes, finding that within <br />the area mapped by GeoScienceas a slope movement deposit. Several homes are experiencing <br />severe moisture and flooding and movement. <br />The draft findings allege that the City of Eugene Standards for Geologic and <br />Geotechnical Analysis Administrative Rule R-9.6710 is a better gauge of a geotechnical reports <br />thoroughness and accurancy than mere percentage coverage of the site. This allegation from <br />1 <br />