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(3) Exceptions to the Solar Lot Requirements. A proposed subdivision shall be exempt from EC 9.2790(2) if either of the following exists: (a) Density. The proposed subdivision provides at least 70% of the maximum allowed density according to the zoning of the property. (b) Site Constraints. One of the following circumstances is present: 1. Compliance with applicable street standards or public street plans requires a street configuration that prevents the lots from being oriented for solar access. Capital Drive is an existing dedicated public right-of-way. Due to the hillside topography of the area, Capital Drive follows the natural contours of the area with a number of curves and changes in direction. The street runs primarily north-south along the west side of the proposed PUD with one curved segment oriented within 30 degrees of true east-west. Due to the existing location of Capital Drive, only one of the ten lots that front the street meets the solar requirements. Cupola Drive was located within an existing graded area that was used for vehicular circulation by prior owners to access the property. The location for the private road was chosen to follow the existing contours of the area while minimize grading impacts to the site, consistent with the South Hills Study recommendation minimum grade disturbance and minimum cut-and-fill activity as previously discussed in this report. Cupola Drive is also a curved roadway that creates a looped connection to Capital Drive, running in multiple directions, which prohibits most of the proposed lots from meeting the requirement for the front lot line to be within 30 degrees of true east west. Since both roadways are oriented to the topography of the site, with Capital Drive already in existence and Cupola Drive located by necessity to minimize grading activity, a majority of the proposed lots cannot meet the solar lot standards and therefore staff recommends the development be considered as exempt from the solar lot standards. Exemptions to the Solar Lot Requirements, which provides for lots that do not meet the requirements but can be counted as a lot that satisfies (2) Solar Lot Requirements. Under this exemption any lot with a slope of 20% or more in a direction greater than 45 degrees east or west can be counted as a solar lot. The applicant indicates that under this exemption, due to the significant slopes on the property, 28 of the 34 lots can be counted as a solar lots for a total of 82% of the proposed lots. Although the proposed development qualifies under this exemption, the proposed PUD also qualifies for exceptions to the solar lot standards under EC 9.2790(3) Exceptions to the Solar Lot Requirements. In any event, the available information indicates that the proposed PUD meets the applicable standards, whether it be through an exemption or exception, as those terms are used in EC 9.2790. EC 9.8320(10): The PUD complies with all of the following (An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.): Capital Hill PUD (PDT 17-1) February 2018 37 Page 37