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A. Regardless of the existing level-of-service, development which adds three (3) or more p.m. peak-hour trips to an inadequate street condition existing on the street system, at the time of determination under this chapter, or development whose traffic will cause an inadequate street condition at the time of full occupancy of the development, will only be approved for occupancy or final inspection when provisions are made in accordance with this chapter for elimination of the inadequate street condition. The improvements removing the inadequate street condition must be complete or under contract before a building permit on the development will be issued and the street improvement must be complete before any certificate of occupancy or final inspection will be issued; provided that where no building permit will be associated with a conditional use permit, then the improvements removing the inadequate street condition must be complete as a precondition to approval.

B. The City Engineer shall determine whether or not a location constitutes an inadequate street condition. Any known inadequate street condition to which the development adds three (3) or more p.m. peak-hour trips shall be identified as part of the City Engineer’s recommendation under SMC 14.295.050(B).

C. A development’s access onto a City street shall be designed so as not to create an inadequate street condition. Developments shall be designed so that inadequate street conditions are not created.

D. Construction Option – Requirements.

1. If a developer chooses to eliminate an inadequate street condition by constructing off-site street improvements, the developer must investigate the impact, identify improvements, and offer a construction plan to the City Engineer for construction of the off-site improvements.

2. When two (2) or more developers have agreed to fully fund a certain improvement, the proportionate sharing of the costs shall be on any basis that the developers agree among themselves would be equitable. Under such an arrangement, the terms of the agreement shall be binding on each development as conditions of approval. (Ord. 2391, 2020)