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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) Clear and Objective Housing. Unless exempt under 9.6710(3), in lieu of compliance with subsections (2), (4), and (5) of this section, applications proposing housing to be reviewed with clear and objective approval criteria shall include a certification from an Oregon licensed Engineering Geologist, an Oregon licensed Geotechnical Engineer, or an Oregon licensed Civil Engineer with geological experience, prepared within ten years of the date of application, that includes the following information:

(a) Identification of any portion of the proposed development site that is located in an area of moderate or high landslide susceptibility as shown on the city’s adopted Eugene Landslide Hazard Map.

(b) A statement that the proposed development will not be impacted by existing or potential stability problems or any of the following site conditions: slopes 20 percent or greater, springs or seeps, depth of soil bedrock, soil types, variations in soil types, open drainage ways, fill, or a combination of these conditions.

(c) If proposed development will be located in an area identified as moderately or highly susceptible to landslides pursuant to (a), or will be impacted by existing or potential stability problems or any of the site conditions listed in (b), the certification must also include:

1. A review of the suitability of the proposed lot layout, street locations, and proposed locations for utilities, driveways, parking areas, and buildings given the landslide hazards, stability problems, and/or site conditions identified in the certification;

2. Any recommended modifications to the proposed lot layout, street locations, and proposed locations for utilities, driveways, parking areas, and buildings that in the engineer’s opinion, would mitigate the landslide hazards, stability problems, and/or site conditions identified in the certification;

3. Methods for safely addressing the landslide hazards and/or site conditions identified in (a) and (b); and

4. Recommendations, if any, for additional geotechnical analysis for future buildings or improvements on the development site.

5. Recommendations, if any, for additional geotechnical analysis for future buildings or improvements on proposed lots or parcels.

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

(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; Ordinance No. 20679, enacted November 30, 2022, effective January 1, 2023.)