I SECOND AND THIRD ASSIGNMENTS OF ERROR (The Neighbors) <br />2 Under the second and third assignments of error, the Neighbors challenge <br />3 findings and conditions primarily related to EC 9.8320(6). We address both <br />4 assignments of error together. <br />5 A. Significant Risk to Public Health and Safety <br />6 EC 9.8320(6) is a general track tentative PUD approval standard <br />7 requiring a finding that "[t]he PUD will not be a significant risk to public health <br />8 and safety, including but not limited to soil erosion, slope failure, stormwater or <br />9 flood hazard, or an impediment to emergency response." EC 9.9630(3)(c) <br />10 requires that "adequate review of both on-site and off-site impacts of any <br />11 development by a qualified engineering geologist occur under" specified <br />12 conditions, including development on steep slopes. <br />13 To address EC 9.8320(6) and EC 9.9630(3)(c), the Dreyers submitted a <br />14 "Geotechnical Investigation" by an engineering geologist, which was reviewed <br />15 by the city public works department. The Geotechnical Investigation concluded <br />16 that the subject property was suitable for development without significant risk <br />17 to public health and safety, if specified measures are implemented in the design <br />18 and construction of the PUD. The Geotechnical Investigation is based in part <br />19 on 10 test pits dug at the site. The 10 test pits are located in the approximate <br />20 center of the subject property, encompassing roughly 20 percent of the property. <br />21 The Geotechnical Investigation noted two areas of moderate landslide activity <br />22 in the steeper eastern portion of the site, and identified an "exclusion area" <br />Page 33 <br />