(Decision at 9.)I7 <br />This, however, is apparently not enough for LSL. It argues that the City must <br />require WinCo to comply with both the current landscaping standards and the "code standards in <br />effect at the time of the original Site Review." (LSL Statement at 11.) LSL does not identify <br />which 1988 standards are not satisfied by WinCo's landscaping plan or explain why any <br />development would be required to comply with both current and archived code. <br />WinCo's landscaping plan is above the required standards. It also fulfils condition <br />(d) because it shows "the sidewalk location, all plant and tree locations (including street trees), <br />and species, sizes, spacing, and irrigation methods as required." It is patently clear that this <br />condition is satisfied by the Application. <br />4. Condition (g) is satisfied because all truck maneuvering will still occur <br />on site. <br />LSL argues that the proposed reconfiguration of the loading dock will require <br />WinCo delivery trucks to maneuver "off site," thus violating condition of approval (g), which <br />states: <br />"All freight loading activities shall occur on-site with no maneuvering <br />needing [sic] to require use of the right-of-way. Any service drives shall be <br />signed as such. A temporary access to Coburg Road for the freight loading north <br />of the Shopko building will be permitted if Crescent Avenue has not been <br />improved. This temporary access will need to be removed and replaced with <br />landscaping (as per the approved landscape plan) once Crescent Avenue is <br />improved." <br />As explained at length in WinCo's previous analysis, this argument is facially <br />untenable. The requirement for on-site freight loading activities means that the truck <br />17 The City did determine, however, that the trees selected by WinCo do not meet the City's definition of canopy <br />trees and thus issues a condition of approval that this error must be corrected prior to issuance of a building permit. <br />Page 20 - 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 />