Based on the above findings, this criterion is met. <br />Staff Recommendation <br />For the reasons stated above, staff recommends denial of the proposed PUD. The application fails to <br />meet the criterion at EC 9.8325(6)(c) (i.e. the "19 Lot Rule."). <br />In the event the applicant is able to produce evidence or revise the proposal to meet all applicable <br />criteria, the following conditions of approval are provided to the Hearings Official, as discussed in <br />greater detail as part of the preceding evaluation: <br />1. The applicant shall submit a "Use Restriction" or "Codes, Covenants, and Restrictions" <br />(CC&R's) to be recorded with the final plat that stipulates that the lots of the proposed <br />subdivision shall be developed only with needed housing and uses accessory to that housing. <br />The document shall be subject to prior review and approval by the City's Planning Director <br />during the final plat review process. The document shall stipulate that the use restriction is <br />enforceable by the City of Eugene and that any amendment to, or removal of, the established <br />use restriction is subject to prior review and approval by the City's Planning Director. <br />2. The final PUD site plan shall note that no grading is allowed on any portions of the development <br />site that meet or exceed 20% slope. The applicant's final PUD plans shall clearly indicate those <br />areas consistent with what it shown on the tentative PUD site plans. <br />3. The Final PUD plans shall note that access connections from Vivian Drive are not permitted. <br />4. Final PUD plans shall include the note: "On-site stormwater management facilities will be <br />privately owned and operated. An operation and maintenance plan will be developed <br />consistent with the City's Stormwater Management Manual, and notice of this plan will be <br />recorded, during the building permit process." <br />Consistent with EC 9.7330, unless the applicant agrees to a longer time period, the Eugene Hearings <br />Official shall approve, approve with conditions, or deny a Type III application within 15 days following close <br />of the public record. The decision shall be based upon and be accompanied by findings that explain the <br />criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a <br />decision and explaining the justification for the decision based upon the criteria, standards, and facts set <br />forth. <br />Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the <br />decision is mailed, it may be appealed to the Eugene Planning Commission as set forth at EC 9.7650 <br />through EC 9.7685. <br />Attachments: <br />Attachments are noted below and included for ease of reference, however all record materials are <br />available for review at the Planning Division. Copies can be also provided upon request, at cost. The <br />Hearings Official will be provided a full set of record materials for review, and the full record will be made <br />available at the public hearing. <br />Staff Report (PDT 15-1/ARA 15-13) October 2015 17 <br />HO Agenda - Page 24 <br />