EC 9.8320(6) provides: <br />The FIJD will not be a significant risk to public health and safety, including but not <br />limited to soil erosion, slope failure, stormwater or flood hazard, or an impediment to <br />emergency response. <br />EC 9.8320(2) requires that the PUD be consistent with applicable adopted refinement plan <br />policies. The Planning Commission has previously determined that the South Hills Study is an <br />adopted refinement plan applicable to the subject property. <br />The South Hills Study's specific recommendations for development standards related to review <br />of on-site and off-site impact of the development require the following: <br />That adequate review of both on-site and off-site impact of any development by a <br />qualified engineering geologist occur under any of the following conditions: <br />1. ,411 formations: <br />Soil depth of 40 inches and above. <br />Slopes of 30 percent and above. <br />2. Basalt flows: <br />Soil depth of 40 inches and above. <br />Slopes of 20 percent to 30 percent. <br />3. Eugene Formation: <br />Soil depth of 40 inches and above. <br />Slopes of 20 percent to 30 percent. <br />4. Basalt flows: <br />Soil depth of 20 to 40 inches. <br />Slopes of 30 percent and above. <br />5. Eugene Formation: <br />Soil depth of 20 inches to 40 inches. <br />Slopes of 30 percent and above. <br />Remand issue #1: Significant Risk to Public Health and Safety and On-Site Impacts <br />LUBA's Final Opinion and Order <br />Regarding the issues of on-site impacts of the proposed development and significant risk to <br />public health and safety from slope failure and soil erosion, LUBA explained: <br />In our view, a reasonable decision maker would not have relied upon the <br />[applicant's] Geotechnical Investigation to find compliance with EC 9.8320(6) and <br />EC 9.9630(3)(c). We conclude this based in part on the apparently unrebutted <br />expert testimony of the Neighbors' consultant that no reliable conclusions can <br />be drawn regarding potential for slope failure on the site, based on test pits <br />clustered on the least steep portion of the property, encompassing only 20 <br />percent of the property, and some distance from two identified areas of soil <br />Final Order: Capital Hill PUD (PDT 17-1) Remand Page 5 <br />