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 #23: EC 9.8320(7)(c) Adequate public facilities and services are available <br />to the site, or if public services and facilities are not presently available, the applicant <br />demonstrates that the services and facilities will be available prior to need. <br />Demonstration of future availability requires evidence of at least one of the following: <br />(a) Prior written commitment of public funds by the appropriate public agencies. <br />(b) Prior acceptance by the appropriate public agency of a written commitment by <br />the applicant or other party to provide private services and facilities. <br />(c) A written commitment to provide for offsetting all added public costs or early <br />commitment of public funds made necessary by development, submitted on a <br />form acceptable to the city manager. <br />The Hearings Official erred on Pages 54 and 55 of the Decision of the Hearings Official <br />dated April 20, 2018 regarding the Applicant's current compliance with EC <br />9.8320(7)(c). At issue is the applicant's (i.e., the "owners") current compliance with <br />the code as it relates to the future availability of sufficient domestic and fire water <br />flows to the proposed PUD, including a new off-site pump station and associated <br />piping. The applicant would be responsible for cost sharing of the new system. <br />Hearings Official's Decision: <br />The Hearings Official found that EWEB referral comments indicate there is sufficient water to <br />supply the proposed PUD. However, the existing water system infrastructure does not have <br />adequate capacity to provide the required domestic and fire water flows resulting from the <br />increased demand of the proposed development. EWEB determined that the applicant would <br />need to work with EWEB's water engineering department to discuss options a new water <br />distribution system, and the applicant would responsible for cost sharing of the new system.To <br />satisfy that requirement, that applicant submitted a written commitment to pay their <br />proportionate share of capital costs required to upgrade EWEB off-site facilities (Owner <br />Commitment to Contribute to Cost of Water Infrastructure). EWEB has accepted this <br />statement. <br />The Hearings Official also found that EWEB's acceptance of the commitment to be within its <br />authority, and that the written statement is sufficient to demonstrate compliance with EC <br />9.8320(7)(c). Also, prior to final subdivision approval, the applicant will need to provide <br />Final Order: Capital Hill PUD (PDT 17-1) Page 30 <br />