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 />26 <br />CITY OF EUGENE <br />CITYATTORNEYS <br />OFFICE <br />125 E. a Avenue <br />Eugene, OR 97401 <br />Phone (541) 682-8447 <br />Fax(541)BB2-5414 <br />safety concerns is not sufficient to justify remand. <br />C. EC 9.8320(5)(a) Does Not Require Improvement to <br />City Street Standards Prior to Final PUD Approval <br />EC 9.8320(5)(a) requires compliance with EC 9.6800 through EC <br />9.6875 - Standards for Streets, Alleys, and Other Public Ways. The purpose <br />section, EC 9.6800, provides that sections 9.6800-9.6875 "establish <br />standards for the dedication, design and location of public ways," There is a <br />section that addresses dedications of public ways, EC 9.6805, a section <br />addressing maximum block-length, EC 9.68 10, and a section addressing <br />street connectivity, EC 9.6815. EC 9.6820 addresses standards for cul-de- <br />sacs and emergency vehicle turnarounds. EC 9.6870 addresses required <br />street width and includes a table, Table 9.6870 Right-of-Way and Paving <br />Widths, which provides the required right-of-way widths and actual paving <br />widths for different types of streets and alleys. <br />The City understands Intervenor to assert that, because EC <br />9,8320(5)(x) cross-references the City's street standards, and those street <br />standards require certain paving widths for different types of streets, EC <br />9.6870, then Oakleigh Lane must be improved to those standards prior to <br />construction of the project in order to be considered safe. The City disagrees <br />with that argument. The cross-reference in EC 9.8320(5)(x) to EC 9.6870 <br />does not mean that Oakleigh Lane must be improved at this time. Nothing in <br />the code suggests that. The Planning Commission so found: <br />"That said, the PC agrees that neither EC 9.8320(5)(a) nor EC 9.6800 <br />through 9.6875 require than an existing street must meet certain <br />standards in order to serve a proposed development. EC 9.6870 only <br />provides the required paving widths for certain types of streets when <br />and if those streets are ever fully improved to City standards." Rec. 8. <br />Page 12 - BRIEF OF RESPONDENT <br />