Hearings Official Decision - Laserfiche WebLink

EC 9.8325(6): The PUD provides safe and adequate transportation systems through compliance with all of the following: (a) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways (not subject to modifications set forth in subsection (11) below). EC 9.6805 Dedication of Public Ways Pursuant to EC 9.6805, as a condition of any development, the City may require dedication of public ways for bicycle and/or pedestrian use as well as for streets and alleys, provided the City makes findings to demonstrate consistency with constitutional requirements. The public ways for streets to be dedicated to the public by the applicant shall conform with the adopted right-of-way map and EC Table 9.6870. As discussed in EC 9.6870 Street Width below, which is incorporated herein by reference, there is no requirement for additional right-of-way as a condition of this development. EC 9.6810 Block Length Block length standards are not applicable because no new local streets are proposed or required. EC 9.6815 Connectivity for Streets Staff decision: In order to meet Street Connectivity standards, the proposed development must, at a minimum, provide extensions of the public way which are consistent with subsections (2)(b), (2)(c) and (2)(d). EC 9.6815(2)(b) requires street connections in the direction of any planned or existing streets within mile of the development site and connections to any streets that abut, are adjacent to, or terminate at the development site. EC 9.6815(2)(c) requires that the proposed development include streets that extend to undeveloped or partially developed land adjacent to the development site in locations that will enable adjoining properties to connect to the proposed development's street system. EC 9.6815(2)(d) requires secondary access for fire and emergency vehicles. EC 9.6815(2)(e) also requires that applications proposing needed housing shall show that the proposed street alignment shall minimize excavation and embankment and avoid impacts to natural resources, however, no streets are proposed or otherwise required within the PUD. EC 9.6815(2)(g)2.a. allows for an exception to the street connectivity standards if the applicant demonstrates that a connection cannot be made because of physical conditions such as site topography. In this case, referral comments from Public Works staff note that the maximum street grade permitted in hillside developments is fifteen percent (15%), and as noted above, EC 9.8325(5) prohibits grading on portions of the development site that meet or exceed 20% slope. As such, an exception to the street connectivity standards is warranted with respect to EC 9.6815(2)(b), (2)(c) and (2)(d). The remaining street connectivity standards at (2)(a) and (2)(f) are not applicable. Hearings Official Findings: Mr. Williamson challenges the staff decision on substantial evidence grounds. Although a decision on this standard is academic because the application must be denied, referral comments from Public Works do constitute substantial evidence. Along with the maps in the record, the referral comments show that the southern portion of the property consists of slopes equal to or exceeding 20%. This is Hearings Official Decision (PDT 15-1/ ARA 15-13) 10