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(1) Purpose of Geological and Geotechnical Analyses. The purpose of geological and geotechnical analyses is to ensure that public and private facilities in developments in areas of known or potential unstable soil conditions are located, designed, and constructed in a manner that provides for public health, safety, and welfare.

(2) Geological and Geotechnical Analysis Required. Except for those activities exempted under EC 9.6710(3) Exemptions from Geological and Geotechnical Requirements, a geological and geotechnical analysis, prepared by an Oregon licensed Engineering Geologist or an Oregon licensed Civil Engineer with geotechnical experience, conforming with standards, procedures and content as defined in the Standards for Geological and Geotechnical Analysis adopted by the city in the manner set forth in EC 2.019 City Manager – Administrative and Rulemaking Authority and Procedures, is required for any of the following:

(a) All proposed tentative planned unit development, site review, or subdivision applications on properties with slopes equal to or greater than 5%.

(b) All proposed development that includes dedication or construction of a public street or alley or the construction of public drainage systems or public wastewater sewers.

(3) Exemptions from Geological and Geotechnical Analysis Requirements. The following activities are exempt from the requirements of this section:

(a) Maintenance, operation, reconstruction of existing streets, driveways, and utility lines, provided soil disturbance is limited to a standard utility trench width or the area beneath street and driveway structures.

(b) Emergency actions which must be undertaken immediately or for which there is insufficient time for full compliance when it is necessary to prevent or abate any of the following:

1. An imminent threat to public health or safety.

2. An imminent danger to public or private property.

3. An imminent threat of serious environmental degradation.

(c) Street and alley dedications that widen existing public right-of-way are exempt from requirements of 9.6710(2)(b).

(d) A residential building permit for a lot or parcel that was subject to previous reports and assessments.

(e) New construction, building alterations and building additions that will not result in soil disturbance.

(f) Activities on land included on the city’s acknowledged Goal 5 inventory.

(4) Categories of Geological and Geotechnical Analysis. The analysis required in geological and geotechnical analyses is based on the following categories, and shall be prepared in the manner required in the rules referenced in subsection (2) of this section:

(a) A Level One Analysis shall consist of a compilation of record geotechnical data, on-site verification of the data and site conditions, and a report discussing site and soil characteristics in relation to the proposed development and other applicable standards.

(b) A Level Two Analysis shall consist of a compilation of record geological data, analysis of site characteristics, sub-surface investigation and testing to establish soil types and distribution, and a report that includes site and soil characteristics in relation to the proposed development, identification of potential problems, and recommendations for design and construction techniques and standards consistent with other standards applicable to the development proposal.

(c) A Level Three Analysis shall consist of a Level Two Analysis and additional site-specific geotechnical design of facilities such as, but not limited to, streets, foundations, utilities, retaining walls and structures due to geologic constraints.

(5) Applicability of Different Categories of Geological and Geotechnical Analysis. Unless exempt under 9.6710(3), the category of geotechnical analysis required is based on the following:

(a) A Level One Analysis shall be required on:

1. All development sites with slopes less than 10% that include construction of public improvements;

2. Subdivision, site review, and planned unit development applications for development sites with slopes greater than or equal to 5% and less than 10%.

(b) A Level Two Analysis shall be required on:

1. All development sites with slopes greater than or equal to 10% that include construction of public improvements;

2. Subdivision, site review, and planned unit development applications for development sites with slopes greater than or equal to 10%.

(c) A Level Three Analysis shall be required on development sites where the Level One or Two Analysis reveals evidence of existing or potential stability problems or where site conditions such as springs or seeps, depth of soil to bedrock, variations in soil types, or a combination of these conditions, in the opinion of the professional, impact the design parameters of the structure.

(6) Needed Housing. Unless exempt under 9.6710(3)(a)-(f), in lieu of compliance with subsections (2), (4), and (5) of this section, applications proposing needed housing shall include a certification from an Oregon licensed Engineering Geologist or an Oregon licensed Civil Engineer with geological experience stating:

(a) That the proposed development activity will not be impacted by existing or potential stability problems or any of the following site conditions: springs or seeps, depth of soil bedrock, variations in soil types, or a combination of these conditions; or

(b) If proposed development activity will be impacted by any of the conditions listed in (a), the methods for safely addressing the impact of the conditions.

If a statement is submitted under (6)(b), the application shall include the applicant’s statement that it will develop in accordance with the Engineer’s statement.

(Section 9.6710, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20297, enacted August 11, 2003, effective September 10, 2003.)