instability on which development is proposed. Our conclusion is also based on <br />the unexplained assumption that the test pit locations are representative of the <br />subsurface conditions on the remainder of the property. <br />LUBA Final Opinion and Order dated November 20, 2018, LUBA Nos. 2018-074 and <br />2018-080, slip op at 38-39. <br />Planning Commission's Determination <br />The applicant has submitted the following Geotechnical reports, which have been signed and <br />stamped by Ronald J. Derrick, P.E., G.E. and Gary Sandstorm C.E.G.: <br />In response to LUBA's remand, the applicant submitted a supplemental geotechnical/geologic <br />report entitled: "Geotechnical/Geologic Investigation RE: LUBA Remand" which was signed and <br />stamped by Ronald J. Derrick, P.E., G.E. and Gary Sandstorm C.E.G. and dated May 14, 2019. <br />The applicant also submitted a Technical Memorandum regarding City of Eugene Stormwater <br />review applicability, dated July 8, 2019, and signed and stamped by registered professional <br />engineer Nathan Patterson. <br />In response to LUBA's comments on remand, on March 22, 2019, the applicant excavated nine <br />additional test pits on the site. The applicant then submitted a supplemental Geotechnical <br />Investigation dated May 14, 2019. In that supplemental report the applicant states that the <br />"test pits were not arranged in a manner to maximize a certain percentage of the site area, but <br />rather in accordance with engineering practices and the City of Eugene Standards for Geological <br />and Geotechnical Analysis." The City's Standards for Geological and Geotechnical Analysis are <br />adopted in Administrative Order No. 58-02-25-F. <br />The Planning Commission recognizes that the standards of Administrative Order No. 58-02-25-F <br />are not directly applicable to this tentative PUD application.' Nevertheless, the Planning <br />Commission finds that Administrative Order No. 58-02-25-F provides a useful guide to the <br />requirements for geotechnical evaluations, and specifically the adequacy of test pit locations, <br />and provides helpful context regarding the question of whether the applicant's geotechnical <br />evaluation can be relied upon to determine the application's consistency with EC 9.8320(6) and <br />the applicable geotechnical recommendations from the South Hills Study. City Public Works <br />staff has opined that the placement and quantity of the applicant's test pits (including the nine <br />new test pits) meet the minimum requirements in Administrative Order No. 58-02-25-F for <br />3 Administrative Order No. 58-02-25-F sets out specific requirements for geotechnical evaluations <br />subject to compliance with EC 9.6710. Those standards are not directly applicable in the case of Capital <br />Hill PUD due to its inclusion on the City's Goal 5 inventory - see EC 9.6710(3)(f) (activities on land <br />included in the City's acknowledged Goal 5 inventory are exempt from the requirements of EC 9.6710). <br />Final Order: Capital Hill PUD (PDT 17-1) Remand Page 6 <br />