on a typo. The scope of the commitment is for "the proposed development." Term 2 of the <br />commitment says: "The Owners hereby commit to pay their proportionate share of EWEB's <br />capital costs for off-site improvements needed to provide adequate water service to the proposed <br />development." That covers the field; and the field includes all tax lots. <br />Hoffman also takes issue with the contents of the Owner Commitment, questioning what it does <br />contain, what it does not contain, the scope of EWEB authority, and so on. The key point is that <br />the code requests that the commitment be in a form acceptable to the city. The City Manager did <br />not have a form. EWEB found the form acceptable. That should tighten up the pipes and end the <br />inquiry. <br />In summary, the HO should find that, with the condition recommended by staff, and subject to <br />the terms of the "owner commitment" approved by EWEB, the applicant has demonstrated that <br />facilities will be adequate. <br />EC 9.8320(8) Residents of the PUD will have sufficient usable recreation area and open <br />space that is convenient and safely accessible. <br />1. As noted in our March, 5 Spreadsheet of Standards, "sufficient," "convenient," and "safely" <br />are all terms that trigger discretion and subjective judgment. They should not be applied. <br />2. The Staff Report at 36 notes there is ample recreation area, and the HO should concur with <br />the Staff Report. <br />EC 9.8320(9): Lots proposed for development with one-family detached dwellings shall <br />comply with EC 9.2790 Solar Lot Standards or as modified according to subsection (10) <br />below. <br />The Staff Report at 36-37 demonstrates compliance with the solar standards. The HO should <br />endorse the findings of the staff. <br />EC 9.8320(10): The PUD complies with all of the following (An approved adjustment to a <br />standard pursuant to the provisions beginning at EC 9.8015 of this land use code <br />constitutes compliance with the standard.) <br />This standard incorporates a long list of prescriptive code sections about how development is to <br />be done on the property. These standards were the template for the project design and the <br />original application. The Staff Report explains at 37-53 how this proposal complies with the <br />standards or can comply with conditions. <br />The applicant recommends the Staff Report analysis to the HO as appropriate findings. <br />APP C - Final Argument 4.6.2018 <br />