The condition that requires dedication for the temporary emergency vehicle access easement <br />(Condition #5) is necessary for compliance with EC 9.8320(6). <br />During both remand proceedings, opponents asserted that a portion of the paving on the south side of <br />Oakleigh Lane lies outside the dedicated right-of-way. They asserted that with the diminished paving <br />width available for travel by the public and emergency response vehicles, coupled with the fact that <br />cars often park on the side of the road, the PUD will create a significant risk to public health and safety. <br />The applicant argues that EC 9.8320(6) requires the City to determine whether the PUD itself is an <br />impediment to emergency response, not whether the configuration of Oakleigh Lane or all off-site <br />streets would be an impediment. The PC concludes that emergency response vehicles can access the <br />proposed PUD solely via Oakleigh Lane and that the ability of Oakleigh Lane to safely accommodate <br />emergency response vehicles is an issue that can be addressed in determining compliance with EC <br />9.8320(6). <br />The PC has reviewed all of the evidence and testimony submitted during the open record periods, <br />including specifically a land survey (Eimstad survey) submitted by Mr. Trautman that shows the paving <br />width in relation to the dedicated right-of-way, photos of cars parked along Oakleigh Lane, a traffic <br />assessment from professional traffic engineer Haregu Nemariam, testimony from Paul Conte, a letter <br />from professional traffic engineer Massoud G. Saberian, letters from professional traffic engineer, <br />Michael Weishar on behalf of the applicant, and excerpts from the City Council adopted Design <br />Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways. The record reflects <br />that the current paving width varies along the length of Oakleigh Lane, but that the paving width is <br />approximately 19 feet at most places. The survey shows that approximately 5-6 feet of the paving on <br />the south side of Oakleigh Lane lies outside the dedicated right of way. Although the existing paving <br />and the amount of paving that lies outside the dedicated right of way varies along the length of <br />Oakleigh Lane, the paving width that lies within the dedicated right of way measures at least 14 feet at <br />most places. Mr. Weishar provides expert testimony that, even assuming only 13 feet of paving is <br />available for travel by the public, this would adequately accommodate emergency vehicles. In support <br />of his opinion, Mr. Weishar relies on the following language found in the Design Standards and <br />Guidelines for Eugene Streets, Bikeways and Accessways: <br />"On local residential streets with traffic volumes less than 750 vehicles per day, a single 14' <br />traffic lane may be permitted for both directions of vehicular travel. The single lane is intended <br />to create a `queuing street', such that when opposing vehicles meet, one of the vehicles must <br />yield by pulling into a vacant portion of the adjacent parking lane. This queuing effect has been <br />found to be an effective and safe method to reduce speeds and non-local traffic." <br />Evidence in the record, including color photographs, video footage and written submittals demonstrate <br />that, for most of the length of Oakleigh Lane, there are gravel parking areas that provide opportunities <br />for vehicles to pull over and allow other vehicles to pass, as called for in the language quoted above. <br />These gravel areas and the approximately 6 feet of paving that lies outside the right-of-way on the <br />south side of Oakleigh Lane can function as necessary "parking lanes." <br />The survey also reflects that there is a small area at the east end of Oakleigh Lane that only has 13.7 <br />feet of paving within the right of way. In order to ensure unimpeded emergency vehicle response <br />2017 Final Order: Oakleigh Meadows Co-Housing PUD (PDT 13-1) Page 8 <br />