Ordinance 3774-20 - Laserfiche WebLink

administrative appeal procedures in EMC 15.02.060 and 15.02.600 for the appeal of minor administration decisions. 19.50.065 Fee exemptions. A. The city may,on a case-by-case basis,grant exemptions to the application of the transportation impact fee for new low income housing units in accordance with the conditions specified under RCW 82.02.060(2).To qualify for the exemption,the developer shall submit an application to the planning and community development director for consideration by the city prior to application for building permit. Conditions for such approvals shall meet the requirements of RCW 82.02.060(2),which includes payment of the fee from public funds other than the fee for transportation improvement account. In addition, any approved exemption will require a covenant that will assure the project's continued use for low income housing.The covenant shall be an obligation that runs with the land upon which the housing is located,and shall be recorded against the title of the real property. B. The city may,on a case-by-case basis,grant a partial exemption of not more than eighty percent of transportation impact fees,with no explicit requirement to pay the exempted portion of the fee from public funds,for low income housing units,pursuant to the following: 1. The mayor,or designee, may grant an exemption to a low income housing project for each low income unit. 2. The decision to grant, partially grant or deny an exemption shall be based on the public benefit of the specific project,the extent to which the applicant has sought other funding sources,the financial hardship to the project of paying the transportation impact fees,the impacts of the project on public facilities and services,and the consistency of the project with adopted city plans and policies relating to low income housing. 3. An exemption granted under this subsection must be conditioned upon requiring the developer to record a covenant approved by the director of planning and community development that prohibits using the property for any purpose other than for low income housing.At a minimum,the covenant must address price restrictions and household income limits for the low income housing,and require that, if the property is converted to a use other than for low income housing as defined in the covenant,the property owner must pay the applicable transportation impact fees in effect at the time of any conversion. Covenants required by this subsection must be recorded with the Snohomish County auditor. 4. For purposes of this section, low income housing is defined as any housing with a monthly housing expense that is no greater than thirty percent of fifty percent of the median family income adjusted for family size,for Everett, as reported by the United States Department of Housing and Urban Development. 19.50.070 Application to projects currently underway. This chapter applies to a subsequent phase of a project for which an application for project level review of the subsequent phase has not been deemed complete as of the effective date of the ordinance codified in this chapter. If a mitigation commitment has been made but has not been fully met by an applicant,the applicant is required to fulfill the commitment and, in addition, may be responsible for complying with the traffic study and mitigation requirements of this chapter. Nothing in this chapter shall be construed to contravene the authority of the responsible official to require or withdraw a SEPA threshold determination as provided in WAC 197-11-310 and 197-11-340(3)(a). 19.50.080 Projects in core area. For projects within the core area,the fee shall be calculated by using seventy-five percent of project trip generation using the ITE Trip General Manual. If an applicant feels that this results in an overestimate of traffic from their site they have the option to hire a traffic engineer to justify a greater credit based on reasonable trip generation assumptions and analysis of TDM measures. Ch.19.50 Small Project Impact Fee 4 City Council Action(11/04/2020)