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A. General Application. This chapter applies to all applications filed after its effective date under Bellevue City Code (Land Use Code) Process I (LUC 20.35.100 et seq.); Process II (LUC 20.35.200 et seq.); Process III conditional use, shoreline conditional use, preliminary plat, and planned unit development applications within community council jurisdiction (LUC 20.35.300 et seq.); and Chapter 23.10 BCC; if the proposal or use will generate 30 or more new p.m. peak period average trips; provided, this chapter shall not apply to final plan approval or to any building permit for a planned unit development which received preliminary plan approval prior to June 14, 1989. The trip generation rate is based on the city’s most recent transportation impact fee program report adopted pursuant to Chapter 22.16 BCC, now or as hereafter amended. Other trip generation rate sources may be used where there may be special trip-generating characteristics of the proposal, as determined by the director.

B. Phased Development. A phased development is any Process I or Process II approval, or Process III conditional use, shoreline conditional use, preliminary plat, and planned unit development applications within community council jurisdiction, involving multiple buildings where issuance of building permits under Chapter 23.10 BCC could occur for individual buildings. The requirements of this chapter shall be applied for all phases at the time of approval of the initial phase and may be adjusted for each subsequent phase based on the cumulative impact of all the phases, except that the timing of application of the requirements of this chapter may be modified through a development agreement approved by the city council pursuant to Chapter 36.70B RCW.

C. Single Project Limits. All Process I, Process II, Process III conditional use, shoreline conditional use, preliminary plat, and planned unit development applications within a community council jurisdiction and Chapter 23.10 BCC applications which have been submitted for a single project limit (as defined in Bellevue City Code, LUC 20.50.040) within the three-year period immediately prior to an application will be considered as being a single application for purposes of determining under subsection A of this section whether this chapter applies to the application.

D. Change in Occupancy. This chapter applies to applications for tenant improvement permits where SEPA review is required and 30 or more new p.m. peak period average trips will be generated.

E. Concomitant and Development Agreements. This chapter applies to any development application that is subject to an existing concomitant or development agreement unless the agreement specifically provides otherwise.

F. SEPA. This chapter establishes minimum standards which are to be applied to all proposals in order to provide street capacity improvements to minimize traffic congestion on the streets and highways in the city. This chapter is not intended to limit the application of the State Environmental Policy Act to specific proposals. Each proposal shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act and the Bellevue Environmental Procedures Code (Chapter 22.02 BCC).

G. Reconstruction of Destroyed Buildings. If a building to which this chapter did not apply at time of construction is destroyed by fire, explosion or act of God or war, and is reconstructed in accordance with city code, it will not be required to comply with this chapter unless the reconstructed building is anticipated to produce trips in excess of those produced by the destroyed building.

H. Administration. The director shall be responsible for the administration of this chapter. The director may adopt rules for the implementation of this chapter; provided the director shall first hold a public hearing. The director shall publish notice of intent to adopt any rule and the date, time and place of the public hearing thereon in a newspaper of general circulation in the city at least 20 days prior to the hearing date. Any person may submit written comment to the director in response to such notice, and/or may speak at the public hearing. Following the public hearing the director shall adopt, adopt with modifications, or reject the proposed rules.

I. Exemptions. The portion of any project used for any of the following purposes is exempt from the requirements of this chapter:

1. Child care facility for children, as defined in LUC 20.50.014, if not operated for profit;

2. Public transportation facilities;

3. Public parks and recreational facilities;

4. Privately operated not-for-profit social service facilities recognized by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3);

5. Affordable housing, which is defined as housing which is affordable to persons whose income is below 80 percent of the median income for persons residing in the Seattle Metropolitan Statistical Area;

6. Public libraries;

7. Publicly funded educational institutions;

8. Hospitals, as defined in LUC 20.50.024, if not operated for profit.

Notwithstanding the exemptions hereunder provided, the traffic resulting from an exempt use shall nonetheless be included in computing background traffic for any nonexempt project. (Ord. 5883 § 8, 2009; Ord. 5555 § 1, 2004; Ord. 5309 § 2, 2001; Ord. 5308 § 1, 2001; Ord. 5081 § 3, 1998; Ord. 4823 § 2, 1995; Ord. 4606 § 2, 1993.)