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in the City Code require the dwelling units to be owner occupied,and no provisions <br /> support prohibiting long-term rentals of residences. Staff submitted that rentals are <br /> needed for affordability. <br /> Access to structures with nonconforming setbacks on adjacent properties is a civil <br /> matter between property owners over which the City lacks jurisdiction; however, Staff <br /> recommended to the developer that an access easement be provided in perpetuity. Staff <br /> also noted that geotechnical review would require designs that would ensure soil <br /> retention to avoid structural issues for adjacent properties, including structures. The • <br /> geotechnical assessment required to support civil engineering plans would address <br /> groundwater. If the assessment confirms the conditions described in public comment, a <br /> structural engineer would likely put in an intercepting system to catch ground water and <br /> route to it a controlled discharge point. The development as a whole would be required <br /> to be designed and built to release stormwater at flow rates that match a predeveloped <br /> condition,which would assist any downstream stormwater issues. <br /> City Staff noted that, if approvals are granted and the project proceeds, construction <br /> plans would have to be submitted and approved that would include DOE-required <br /> temporary erosion and sediment control plans,marked clearing limits,wheel washes to • <br /> prevent off site sediment tracking,and construction inspectors would be on site. Staff <br /> indicated that it is pretty common for site fencing and security to be provided during <br /> construction. <br /> Regarding traffic and safety concerns on Mukilteo Boulevard,the City has several <br /> recent counts along this segment that show the average speed is close to the posted <br /> speed limit, with outlying drivers going up to 10 miles per hour over the limit. The <br /> • City has a planned corridor-wide pedestrian safety improvement project that would <br /> include this location; however,the project is not yet funded and there is no announced <br /> time horizon for its completion. Regarding the trip§from this project specifically, City <br /> Staff testified that they would result in incremental increases in volumes on <br /> surrounding streets and would have negligible impact to traffic generally. Staff <br /> confirmed that on-street parking is prohibited along Mukilteo Boulevard and noted <br /> there are bike lanes. If the project's frontage improvements including curb and gutter <br /> make it look like parking is allowed, the City would install no parking signs along the <br /> frontage. The issue of parking at Edgewater Park is existing and not directly related to <br /> the instant project. <br /> Regarding safe waling conditions, City Staff testified that the project is required to <br /> ensure there is a safe route to the school bus stop. City standards allow four-foot paved <br /> shoulders marked as separate from vehicle travel lane to serve as pedestrian routes. At <br /> the described location of the school bus stop,this could require widening of the <br /> shoulder. If subdivision approval is granted,the safe walk route to school bus stop <br /> would be assessed during the civil engineering design phase. The final alignment and <br /> design of any such route requires coordination with school district and bus service <br /> provider. It is possible that the District would require the students to cross the street <br /> with the use of bus paddles to stop traffic. <br /> Testimony of Niels Tygesen, Thad Newport, and Michael Brick; Exhibit 1. <br /> Everett Hearing Examiner <br /> Findings,Conclusions, and Decision <br /> Sage Homes Northwest LLC(RET'1122-001) page 1,1 of 22 <br />