The temporal nature of this condition is made further clear by its requirement that the <br />developer's consultant, JRH Traffic Engineers, complete the work at issue. <br />Thus, the Director correctly found that "a traffic impact assessment was <br />completed with the original approved development and the required connection to Crescent <br />Avenue was completed, therefore this condition is no longer applicable." (Decision at 8.) The <br />referenced 1988 traffic impact assessment is attached as Exhibit 14 to this Response. <br />It should also be noted if LSL's interpretation was correct, condition (b) would be <br />an unconstitutional exaction, prohibited by the United States Supreme Court's holdings in Nollan <br />v. Cal. Coastal Comm'n, 483 US 825, 837, 107 S Ct 3141, 97 L Ed 2d 677 (1987) and Dolan v. <br />City of Tigard, 512 US 374, 395, 114 S Ct 2309, 129 L Ed 2d 304 (1994). Under this precedent, <br />a local government could not require a property owner to perpetually address traffic generated by <br />other sites because the offsite traffic would not be connected to the property's development and <br />the cost would be incommensurate. <br />2. Condition (c) is satisfied because the Application does not propose <br />modifications to driveways or cross-aisles, and all existing cross-aisles <br />are more than 150 feet from the public right-of-way. <br />Condition of approval (c) of SR 88-11 states: <br />"All driveways need to extend at least 150 feet into the site before <br />intersecting cross aisles. Final site review plans addressing this issue need to be <br />submitted prior to issuance of the site review agreement." <br />LSL complains that the Director's determination that the Application complies <br />with this condition is wrong because "[t]he Director is approving a 7-foot intersecting cross-aisle <br />setback when the condition requires 150 feet." (LSL Statement at 2.) <br />Page 15 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />