(28) Public Access Required. The public access requirement of 9.6735(2) may be <br />adjusted if the site developer demonstrates any of the following: <br />(a) Physical conditions preclude compliance with EC 7.420. Such conditions <br />may include, but are not limited to, topography, trees, existing buildings <br />or other existing development on the subject property or adjacent <br />property. <br />(b) The proposed adjustments to the standards will provide safe ingress and <br />egress to the development site, will not negatively impact the efficiency of <br />the public right-of-way, and will not result in a hazard to the bicycle, <br />pedestrian or vehicular traffic using the right-of-way. <br />(c) The proposed development will not impact one or more of the existing <br />access connections to the development site. Impact to an existing access <br />connection includes, but is not limited to, increasing the number of <br />vehicles, either directly or indirectly, that will utilize an existing access <br />connection for ingress or egress to the development site. <br />(d) Compliance with EC 7.420(1)(c) will result in traffic patterns inconsistent <br />with the character of the property located within a quarter mile radius of <br />the development site or will increase the number of vehicular trips using <br />the street with the lower classification above the typical daily trip range <br />for that street's classification. <br />The Hearings Official relied on the June 20, 2018 staff report and report of the Applicant's <br />traffic engineer (Kelly Sandow P.E., Sandow Engineering, "Tech Memo" dated May 9, 2018 as <br />part of application materials and included in the application file for reference) to find that an <br />adjustment to EC. 9.6735(2) is warranted. <br />Summary of Appellants' Argument <br />The Appellants state that the Hearings Official's findings are conclusory and, therefore, not <br />based on substantial evidence. <br />Planning Commission's Determination <br />The Planning Commission finds that the Hearings Official did not err in determining that the <br />Applicant satisfies the approval criteria at EC 9.8030(28) and that the adjustment to EC 9.6735 <br />Public Access Required is satisfied. Public Works Engineering referral comments (June 13, 2018) <br />state that the analysis provided by the Applicant's traffic engineer, Kelly Sandow, P.E. of <br />Sandow Engineering, conclude that the proposed access to River Road will provide safe ingress <br />and egress, will not negatively impact the efficiency of the public right-of-way, and will not <br />result in a hazard to bicycle, pedestrian, or vehicular traffic using River Road. Based on this <br />evidence from a qualified traffic engineer, and agreement from the City's Public Works staff, <br />the Planning Commission finds that the adjustment standard at EC 9.8030(28) is met and the <br />adjustment is warranted. <br />Based on the available information in the record, the Planning Commission finds that the <br />Hearings Official did not err with respect to this appeal issue. <br />Appeal Issue #i11: Appellants incorporate by reference all arguments made by Sean T. <br />Final Order: Lombard Apartments (WG 18-3 / SR 18-3 / ARA 18-8) Page 14 <br />