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FINDINGS OF THE HEARINGS OFFICIAL .ON APPEAL OF PLANNING DIRECTOR'S INTERPRETATION Code Inte retation of EC 9.8325 3 CI 044 Request: The appellant challenges the Planning Director's interpretation of EC 9.8325(3) Applicant/Appellant: Bill Kloos, on behalf of Walter Custom Homes The following findings of fact and conclusions of law are based upon testimony presented at the public hearing of July 14, 2004, and all materials and documents submitted and made part of the planning department file through the close of the record on that date. CONCLUSION: The Planning Director's interpretation is affirmed, DISCUSSION AND FINDINGS: A. Background On behalf of Walter Custom Homes, the applicant requested an interpretation from the City Planning Director of EC 9,8325(3). Specifically, the applicant requested "confirmation that the standard [EC 9,8325(3)] allows streets, as defined by the code, and fences to be located within the required 30-foot wide landscape buffer area along the perimeter of the PUD." EC 9.8325(3) requires that "The PUD provides a buffer area between the proposed development and surrounding properties by providing at least a 30 foot wide landscape area along the perimeter of the PUD according to EC 9.6210(7)," The Planning Director determined: "The criterion of EC 9.8325(3) requires a 30 foot wide landscape buffer between the proposed development and surrounding properties, The required landscape buffer must comply with EC 9,6210(7), Massed Landscape Standard (L77), EC 9.8325(3) does not provide for any exceptions or deviations from this requirement and EC 9.6210(7) does not allow streets or fences. As such, for a PUD proposed under the City's needed housing track, no streets or fences are allowed within the 30 foot wide landscape area that DECISION OF HEARINGS OFFICIAL July 29, 2004 (CI 04-4) Page I of 3 EXHIBIT L