standards during the subsequent Privately-Engineered Public Improvement (PEPI) permit <br />process. Public Works referral comments page 5-6) confirm that no additional dedication or <br />special setbacks for street right-of-way are required. " <br />Assignments of Error, Criterion 6: <br />Appeal #20: EC 9.8320(6) The PUD will not be a significant risk to public health and safety, <br />including but not limited to soil erosion, slope failure, stormwater or flood hazard, or an <br />impediment to emergency response. <br />The Hearings Official made the following errors regarding compliance with this criterion: <br />1. Given that 80% of the proposed PUD area was NOT ASSESSED during the applicant's <br />investigation, including all of the steep eastern portions of the PUD, the applicant cannot <br />demonstrate that the PUD as currently designed will not be a risk to public health and <br />safety, or prevent soil erosion. The HO is relying on "future work" by the applicant to <br />address the question. However, EC 9.8320(6) requires that this determination be made at <br />the Tentative PUD application stage, not at the PEPI or building permit stages. <br />2. Despite the HO's assurances to the contrary, the applicant's report does not contain <br />i "numerous specific recommendations to minimize the potential for slope failure" and one <br />of their recommendations appears to actually increase the potential by allowing overly <br />. <br />steep fill slopes with inadequate drainage.- <br />3. The HO erred in, accepting Branch Engineering's explanation of the tree deformation on <br />the site as having resulted from "soil creep" only. She ignored evidence presented by <br />GeoScience of tree deformation inconsistent with "soil, creep" present on the site in the <br />areas with geomorphic evidence of landslides. <br />4. In finding that the deformation exhibited by the pavement of Floral Hill Drive is <br />anthropogenic, the HO erred by failing to consider the totality of facts in evidence and <br />simply accepting statements and "opinions" by the applicant's consultant. <br />5. The PUD design includes at least one feature (the "level spreader" stormwater discharge) <br />which will significantly increase the risk of off-site impact from slope movements and <br />soil erosion. <br />21 <br />