ER-37 <br />1 Respondents respond that EC 9.8360(5)(b), which applies to final PUD <br />2 approval, expressly allows deferral of public improvements beyond final PUD <br />3 approval where an irrevocable petition has. been signed by the properly owner <br />4 and accepted by the city, and the city imposed a condition of approval requiring <br />5 exactly that. 13 We agree with respondents that the city did not misconstrue EC <br />6 9.6505 in failing to "require Oakleigh Lane to be improved before. the PUD is <br />7 developed. <br />Eugene Streets, Sidewalks, Bikeways and <br />Accessways and standards and specifications adopted <br />pursuant to Chapter 7 of this code and other adopted <br />plans and policies." (Underlining in original). <br />" EC 9.8360(5)(b) provides: <br />"Planned Unit Development, Final. Plan . Application <br />Requirements. In addition to the provisions in EC 9.7010 <br />Application Filing, the following specific requirements apply to <br />PUD final plan applications: <br />cG***** <br />"(5)- Public improvements as required by this land use code or as <br />a condition of tentative plan approval have been completed, <br />or: <br />"(a) A performance bond or suitable substitute as agreed <br />upon by the city has been filed with the city finance <br />officer in an amount sufficient to assure the <br />completion of all required public improvements; or <br />"(b) A petition for public improvements and for the <br />assessment of the real property for the improvements <br />has been signed by the property owner seeking the <br />subdivision, and the-petition has been accepted by the <br />city engineer." <br />Page 37 <br />000086 <br />