EC 9.6710(3)(f) states: <br />"The following activities are exempt from the requirements of this section:" <br />"(f) Activities on land included on the city's acknowledged Goal 5 Inventory" <br />safety through soil erosion or slope failure. <br />For all the reasons articulated above, as well as the reasons articulated in the Hearings Official's <br />decision dated April 20, 2018, and the Planning Commission's Final Order dated June 14, 2018, <br />the Planning Commission finds that the applicant's Geotechnical Investigations provide an <br />adequate review of the off-site impacts of the proposed development and demonstrate that <br />the proposed PUD will not create a significant risk to public health and safety through soil <br />erosion or slope failure. <br />Remand Issue : Condition o Approval #1 <br />LUBA's Final Opinion and Order <br />In its April 20, 2018 Final Order, the Planning Commission modified Condition of Approval #10 <br />adopted by the Hearings Official to require: <br />A geotechnical analysis from a certified engineer, with specific recommendations for <br />design and construction standards, shall be provided with any applications for Privately <br />Engineered Public Improvement (PEPI) permits, as well as building permits and site <br />development permits for the initial construction of infrastructure, and residences on <br />individual lots. The development proposed with each permit shall adhere to the <br />recommended standards for design and construction as contained in the preliminary <br />geotechnical analysis approved for the tentative PUD, as well as any additional <br />geotechnical analyses required for individual permits. The geotechnical analyses <br />required for individual permits shall also address potential off-site impacts. <br />LUBA's decision speculates in several places as to why the Planning Commission amended <br />Condition of Approval #10. LUBA states: <br />However, the planning commission seemed to recognize the incomplete nature of the <br />Geotechnical Investigation in modifying Condition 10. <br />Final Order: Capital Hill PUD (PDT 17-1) Remand Page 12 <br />