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1 Section 21 : When determining the mitigation costs attributable to the <br /> 2 proposed development, the City's Traffic Engineer shall take into <br /> 3 consideration and give fair credit for transportation improvements that have <br /> 4 been imposed as a condition of a prior land use approval under which the <br /> 5 development project is proposed. The City's Traffic Engineer shall also <br /> 6 take into consideration and give fair credit for the contributions made by <br /> 7 the subject property owner or his/her predecessor(s) in interest pursuant to <br /> 8 any transportation funding device such as a Local Improvement District <br /> 9 (LID) , Transportation Benefit District (TBD) , or similar mechanism. <br /> 10 Section 22: Properties which have, prior to the adoption of this <br /> 11 ordinance, been subject to SEPA review and have been required to perform <br /> 12 transportation mitigation measures as a condition of approval , and are <br /> 13 projects in which such transportation improvements have been constructed or <br /> 14 actively pursued, will be exempt for the time period for the land use <br /> 15 approval process for which the SEPA approval responds from this ordinance to <br /> 16 the extent that their traffic volume or development intensity do not exceed <br /> 17 that upon which the decision was based. Should such projects exceed those <br /> 18 provisions, then the additional traffic will be subject to the provisions of <br /> 19 this ordinance. Provided, however, nothing herein shall be construed to <br /> 20 contravene the authority of the Responsible Official as set forth in WAC <br /> 21 197-11 -340(3) (a) . <br /> 22 <br /> 23 <br /> 24 ATTEST: <br /> 25 <br /> 4 •' L <br /> 27 Passed: /09./a7,4EY <br /> 28 <br /> Valid: /p' 1(9.4r/17 <br /> 29 <br /> Published: 1/3/90 <br /> 30 <br /> 31 <br /> (4085) <br /> 32 <br /> 9 <br />