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A. This chapter applies to:

1. All development applications filed after its effective date that generate demand for more than 25 MUs.

2. Phased Development. A phased development is any development involving multiple buildings where issuance of building permits could occur for individual buildings. The requirements of this chapter shall be applied 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.

3. Single Projects. All development applications which have been submitted by the same developer on the same or contiguous parcel of land as a single project within the three-year period immediately prior to a current application will be considered along with the current application as being a single application for purposes of determining under subsection (A)(1) of this section, whether this chapter applies.

4. Change in Occupancy. This chapter will apply to applications for tenant improvements if a proposed new use or an expanded existing use will generate demand for more than 25 additional MUs.

5. Reconstruction of Destroyed Buildings. If a building is destroyed by fire, explosion, or act of God or war, or is demolished and is reconstructed in accordance with the BCC, it will not be required to comply with this chapter unless the reconstructed building generates demand for more than 25 MUs in excess of those produced by the building prior to its destruction.

6. 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.

B. SEPA. This chapter establishes minimum requirements applicable to all developments and 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).

C. Administration. The director shall be responsible for the administration of this chapter. The director may adopt rules for the implementation of this chapter; provided, a public hearing shall first be held before the transportation commission. Notice of intent to adopt any rule and the date, time and place of the public hearing shall be published in a newspaper of general circulation in the city at least 14 days prior to the hearing date. Any person may submit written comment to the transportation commission 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. (Ord. 6667 § 2, 2022.)