Task #1 <br />Review the testimony submitted during the open record period and determine if any <br />testimony is outside the limited scope of this remand or should otherwise be rejected from <br />consideration. <br />See Attachment D for a summary of all testimony received during the remand open record <br />period. The applicant has objected to certain testimony as outside the scope of the remand <br />open record. The testimony objected to by the applicant has is identified in Attachment D. The <br />Planning Commission will need to decide whether to reject that testimony. Staff will help walk <br />the Commission through the testimony that the applicant objects to. <br />Task #2: <br />Review and consider the materials in the record and decide whether to affirm, modify, or <br />reverse the Hearing's Official's approval of the Tentative PUD Application. <br />Staff recommends the following process as a framework for substantive deliberations: <br />• Review the new testimony included in the record (and not rejected) to determine if the <br />requirements of EC 9.8320(6) and the South Hills Study's specific recommendations for <br />development standards related to review of on-site and off-site impacts are met. <br />• Review the Public Works Memorandum - PDT 17-1, Capital Hill PUD: LUBA Remand <br />Geotechnical Concerns (July 29, 2019). See Attachment E. <br />• Review Condition of Approval #10 and consider proposed amendments to the language <br />by: 1) the applicant; 2) opponents/neighbors (Sean Malone); and 3) staff. Staff's <br />recommended change to the condition is addressed below in the Staff <br />recommendation and in more detail within the Public Works Memorandum referenced <br />above and included as Attachment E. <br />• Review the Draft Final Order (Attachment F) and provide staff with specific guidance on <br />any changes the Planning Commission would like to make to the Draft Final Order. <br />STAFF RECOMMENDATION <br />Based on the available information, including the appeal, the remand, and all relevant record <br />materials to date, staff has prepared a Draft Final Order affirming the Hearings Official's <br />approval and stating that the Planning Commission finds the following: <br />• That the placement and quantity of the test pits (including the nine new test pits) meets <br />the minimum requirements in Administrative Order No. 58-02-25-F for number and <br />spacing of test pits and constitutes substantial evidence of compliance with EC <br />9.8320(6); and <br />• Based on a review of the applicant's previous geologic investigations, the applicant's <br />May 14, 2019 supplemental report, and the applicant's proposed site plan, it appears <br />that the applicant has considered on-site and off-site impacts of the proposed <br />development and will implement recommendations intended to minimize those impacts <br />in accordance with the specific recommendations in the South Hills Study for <br />development standards related to review of on-site and off-site impact of the <br />development; and <br />• Finding that Condition of Approval #10 as initially proposed by Public Works staff and <br />adopted by the Hearings Official, will act as belt and suspenders to ensure that the <br />Page 5 <br />