with EC 9.6800 through 9.6875. Specifically, EC 9.6815(2)(d) states: <br /> <br />(d) Secondary access for fire and emergency medical vehicles consistent with EC 9.6870 <br />is required. <br /> <br />The Hearings Official discusses the Staff Memorandum, dated August 14, 2024, from Public Works <br />staff that explains how the secondary access standards at EC 9.6815(2)(d) are satisfied by the <br />existing intersection of Randy Lane and Blacktail Drive, which will allow for access to the existing <br />street system and the construction of emergency vehicle turn arounds within the development <br />site. The Hearings Official notes on page 22 of her decision that, “while the access to the vast <br />majority of the proposed lots would rely on a single access point from the intersection of Randy <br />Lane and Blacktail Drive, the express language of EC 9.6815(2)(d) requires only that the property <br />itself have a secondary access; it does not require secondary access to each, or even to a majority, <br />of the lots.” <br /> <br />The Hearings Official found that secondary access for fire and emergency vehicles needs to be <br />consistent both with EC 9.6870 street width requirements and Eugene-Springfield Fire Marshal’s <br />referral comments dated July 10, 2024, recommending “NO PARKING-FIRE LANE” signage be <br />posted on both sides of the Randy Lane and Stonehenge Way, consistent with 2022 Eugene Fire <br />Code, Section 503.2.1. To satisfy the Eugene Code and the 2022 Eugene Fire Code, Section <br />503.2.1, the Fire Department comments recommend that no parking be allowed on either side of <br />the internal private streets, and that both sides of both streets be marked with “NO PARKING-FIRE <br />LANE” signage. The Hearings Official determined that by prohibiting parking on the two internal <br />streets, the proposed PUD would satisfy the requirements of EC 9.6815(2)(d). <br /> <br />Summary of Applicant’s Argument <br />The applicant argues that the Hearings Official erred in basing a finding of compliance with the <br />secondary emergency access standard on a condition prohibiting any parking on the streets with <br />21-foot paving. The applicant asserts that the finding is discretionary, therefore not a “lawful” <br />condition, citing the case Olson Memorial Clinic v. Clackamas County, 21 Or LUBA 418 (1991). <br /> <br />Planning Commission’s Determination <br />The Planning Commission agrees with the Hearings Official that the requirement for secondary <br />access standards for fire and emergency medical vehicles at EC 9.6870 is met by the existing <br />intersection of Randy Lane and Blacktail Drive, which will allow for access from the subdivision to <br />the existing street system to the north (Hawkins Lane), to the east (Blacktail Drive) and to the west <br />(Timberline Drive). <br /> <br />However, the Planning Commission disagrees with the Hearings Official’s reference to and reliance <br />on the Eugene-Springfield Fire Marshal’s referral comments (dated July 10, 2024) and <br />recommendation for No-Parking Fire Lane signage on both sides of the private streets. The <br />Planning Commission disagrees that the imposition of a condition prohibiting parking on the two <br />internal streets and requiring the additional restrictions identified in the Fire Department <br />comments (dated July 10, 2024), is necessary in order for the proposed PUD to satisfy EC <br />9.6815(2)(d). <br /> <br />Planning Commission Agenda 01/28/2025 Page 24 of 42