S <br />1 <br />2 <br />3' <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />CITYOFEuGENE 6 <br />CITYATTORNEY'S <br />OFFICE <br />125 E. a Avenue <br />Eugene, OR 97401 <br />Phone (541) 682-8447 <br />Fax(641)682-5414 <br />The City did not err in failing to apply adopted street standards to <br />Oakleigh Lane (1.B.) <br />The City did not err in determining compliance with EC <br />9.8320(5)(b) (1.C.) <br />The applicable criteria for tentative PUD approval are found at EC <br />9.8320. With regard to these first three subassignments of error., EC <br />9.8320(5) provides: <br />"The PUD provides safe and adequate transportation systems through <br />compliance with the following: <br />"(a) EC 9.6800 through EC 9.6875 Standards for Streets, <br />Alleys, and Other Public Ways (not subject to <br />modifications set forth in subsection (10) below). <br />"(b) Pedestrian, bicycle and transit circulation, including <br />related facilities, as needed among buildings and related <br />uses on the development site, as well as to adjacent and <br />nearby residential areas, transit stops, neighborhood <br />activity centers, office parks, and industrial parks, <br />provided the city makes findings to demonstrate <br />consistency with constitutional requirements. "Nearby" <br />means. uses within 114 mile that can reasonably be <br />expected to be used by pedestrians, and uses within 2 <br />miles that can reasonably be expected to be used by <br />bicyclists. <br />"(c) The provisions of the Traffic Impact Analysis Review <br />of EC 9.8650 through 9.8680 where applicable." <br />The City found that compliance with subsection (5) is demonstrated by <br />compliance with its individual parts subsections (a), (b) and (c).2 In other <br />2 The Hearings Official found: <br />Page 5 BRIEF OF RESPONDENT <br />