Attachment 5 <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 property 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 />13 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 />CC * * * * * <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 />PC Agenda - Page 143 <br />