14.300.050 Impact Fee Schedule Exemptions.
A. A person required to pay a fee pursuant to RCW 43.21C.060 (SEPA) for system improvements shall not be required to pay an impact fee under RCW 82.02.050 through 82.02.090 (GMA) for those same system improvements.
B. The following development activities are exempt from paying park impact fees because they do not have a measurable impact on the City’s park facilities, or because the City has chosen to exempt them pursuant to RCW 82.02.060(2).
1. Existing Dwelling Unit. Any alteration, expansion, reconstruction, remodeling, or replacement of existing single-family or multifamily dwelling units that does not result in the creation of one or more additional dwelling unit(s).
2. Facilities for Long-Term Care. Any housing facility or long-term care facility exclusively providing any or all of the following services as defined in RCW 74.39A.009: “assisted living services,” “enhanced adult residential care,” or “nursing home;” provided that this exemption ceases if the housing facility is later converted to permanent use as a single-family or multifamily residence not providing such services, in which case park impact fees shall be imposed at that point; and provided further that where a housing facility provides a mixture of independent senior housing in combination with any of the above mentioned services, the exemption shall be limited to that portion of the facility providing such services and the impact fee shall be appropriately calculated on a per dwelling unit basis for that portion of the facility not providing such services.
3. Temporary Accommodation. Any dwelling unit licensed and operated as transient accommodations under Chapter 70.62 RCW and WAC 248-144-026(26), such as hotels, motels, and resorts; provided that this exclusion ceases if the housing is later converted to permanent use as a single-family or multifamily residence not subject to such restrictions.
4. Any accessory dwelling unit as that term is defined in Chapter 14.25 SMC.
C. The City Council may, on a case-by-case basis, grant exemptions to the application of the fee schedule for low-income or senior housing that achieves broad public purposes as defined in SMC 14.05.020, and authorized by and in accordance with the conditions specified under RCW 82.02.060(2), provided that the impact fees for such development activity shall be paid from public funds other than impact fee accounts. To qualify for the exemption, the developer of such housing shall submit a petition to the City Planner for consideration by the Council prior to application for building permit. Conditions for such approvals shall be established by the Council at the time of approval that, at a minimum, meet the requirements of RCW 82.02.060(2), and that include a requirement for a covenant to assure the project’s continued use for low-income or senior housing. The covenant entered into by and between the developer and the City shall be an obligation that runs with the land for no less than 25 years, and shall be recorded against the title of the real property upon which such housing is located in the real property records of the Snohomish County Auditor. The covenant shall be reviewed and approved as to form by the City Attorney