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EC 9.6796 Dedication of Stormwater Easements The applicant has proposed to place a portion of the public storm line on the north end of Capital Drive within a 10-foot wide Public Utility Easement on the east side of the right-of-way. The proposed storm pipe is 24 inches in diameter and is designed to increase the storage capacity of the storm water system. Public Works referral comments (page 20) concur with the applicant's assessment that because of the existing grades within the right of way, there will not be adequate cover over this proposed pipe. In order to achieve proper cover over the pipe, the applicant has proposed to direct the pipe alignment outside of the right-of-way to the east, where there will be adequate cover over the detention pipe. Based on these findings, this standard is met. EC 9.6797 Stormwater Operation and Maintenance As required by EC 9.6797(3)(d), applications proposing City operation and maintenance of all or part of the stormwater facility must include an Operations and Maintenance Agreement in accordance with the facility agreements adopted as part of the Stormwater Management Manual. An agreement for the public stormwater treatment manhole will be required as part of the PEPI permit process and prior to final subdivision approval. As depicted on Sheet C2 - Stormwater Plan, the proposed storm drainage system will include a variety of public and private systems. Conditions related to Maintenance of the individual systems will be imposed at the time of the tentative subdivision review. Based on these findings and future permit requirements, this standard will be met. (k) All other applicable development standards for features explicitly included in the application except where the applicant has shown that a proposed noncompliance is consistent with the purposes set out in EC 9.8300 Purpose of Planned Unit Development. An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of the land use code constitutes compliance with the standard. Proposed Lots 33 and 34 are currently developed with a three-unit multi-family dwelling within a two-story structure. These lots are located within the boundary of the Fairmount Neighbors association. This two-story structure was converted at some point in the past from a single- family dwelling into a three-unit multi-family dwelling. As explained in the Staff Report, neighborhood concerns with the existing use of the structure were brought to the planning staff's attention during the PUD process. Under EC 9.2741 Special Use Limitations for Table 9.2740, triplexes and duplexes are prohibited within the Fairmount Neighbors boundaries. The Staff Report further explains that in response to neighbors' concerns, Code Compliance Services staff inspected the interior of the structure and conducted research on the history of its use. Code Compliance Services staff confirm that the structure is set up as three separate living Hearings Official Decision (PDT 17-1) 76