A. When determining the mitigation costs attributable to the proposed project, the city traffic engineer shall take into consideration and give fair credit for transportation improvements, including dedication land, that: (1) address some or all of a proposed project’s impacts; and/or (2) have previously been imposed and fulfilled as a condition of a prior land use approval related to the proposed project. The city traffic engineer shall also take into consideration and give fair credit for the contributions made by the subject property owner or his/her predecessor(s) in interest under any transportation funding device, such as a local improvement district (LID), transportation benefit district (TBD), development agreement, or similar mechanism. Any claim for credit made later than the time of application for a building permit shall be deemed to be waived.

B. A person required to pay a fee for system improvements under RCW 82.02.050 through 82.02.090 shall not be required to pay a fee under SEPA and this chapter for those same system improvements.

C. The prohibition on nonduplication limits the city from requiring an applicant to pay more than once for a transportation improvement to address the same environmental impact. It is not a duplicative requirement for an applicant to pay a fee for system improvements and to pay or install local transportation improvement, provided these different mitigation obligations do not address the same, specific environmental impact resulting from the project.

D. Agreements may provide for credit for future improvements if the city and the applicant agree that the applicant is implementing transportation improvements beyond those required under this chapter. (Ord. 3774-20 § 5(Z) (Exh. 3), 2020.)