the Type II Standards Review approval decision in the record, and is it dated prior to the Final PUD <br />approval? If the Final PUD record does not contain the Standards Review decision, conformance with <br />Condition 18 has not been established. FGC's understanding from the April 22, 2026, staff memorandum <br />is that /WR construction-practice compliance for the /WR-area improvements was not fully demonstrated <br />on the public record at this stage and instead was anticipated to be addressed through a Performance <br />Agreement. Regardless, the dispositive question for Condition 18 is whether the Type II Standards Review <br />decision exists in the record and predates the Final PUD decision. <br />Condition 19 (verbatim): "All future building permits for Lots 30 through 35 shall depict the Goal 5 <br />resource and its 40-foot setback from top of bank and shall include site plans showing the location of <br />protective fencing subject to the applicable standards at EC 9.4920–9.4930." <br />Condition 19 fixes the operative protective setback for the Goal 5 stream resource at 40 feet from the top <br />of bank for Lots 30–35 — the lots closest to the protected stream corridor — at the building permit stage. <br />This is consistent with EC 9.4920(1)(c), which establishes a 40-foot conservation setback from the top of <br />high bank for Category C streams. The Final PUD plans must not conflict with this setback treatment. FGC <br />requests the Hearings Official confirm that the Final PUD plans are consistent with Condition 19 and that <br />the Goal 5 resource and 40-foot setback are correctly depicted and not contradicted. <br />Condition 22 (verbatim): "No site alteration is allowed prior to final PUD approval. This prohibition <br />includes site grading and the removal of trees and other vegetation, as well as any impacts to wetlands and <br />the protected stream on the subject property including changes to the existing drainage pattern. Any such <br />alterations shall only be allowed subject to permit review and approval, and erosion control measures as <br />required for the proposed work." <br />Condition 22 prohibits site grading, vegetation removal, wetland impacts, and drainage alteration prior to <br />final PUD approval. EC 9.7630(3) provides that the action of the appeal review authority is final. Because <br />the Hearings Official has not yet issued a decision on this appeal, the final city-level action on the Final <br />PUD is not yet complete. There is a strong argument that "prior to final PUD approval" in Condition 22 <br />means prior to the Hearings Official's ruling. FGC recognizes the City portal may display an effective date <br />for the Planning Director's decision; Condition 22 is keyed to "final PUD approval," and EC 9.7630(3) <br />makes the appeal review authority's action the final city-level action. Any site grading, clearing, wetland <br />disturbance, or drainage alteration before that ruling may violate a binding condition of the Tentative PUD <br />approval, depending on how 'final PUD approval' is interpreted in Condition 22. FGC requests that this <br />question be addressed on the record and that the applicant be notified of Condition 22's continued <br />applicability during the pendency of this appeal. <br />III. GOAL 5 WETLAND SETBACKS UNDER EC 9.4920 — AMA-5A AND AMA-5B <br />The City's adopted Goal 5 Water Resources Conservation Plan ESEE Conclusions Summary Table <br />identifies wetland sites in the Videra Creek and Hawkins vicinity. Specifically: AMA-5A ("West Eugene <br />Uplands wetland at Videra Ck," 0.16 acres) is designated Category B Wetland, Limit Conflicting Uses, <br />with a 25-foot conservation setback. AMA-5B ("West Eugene Uplands wetland at Videra Ck," 1.00 acres) <br />carries the same designation. AMA-4 ("West Eugene Uplands wetland at Hawkins," 1.44 acres) is <br />designated Fully Allow Conflicting Uses with no setback.