Chapter 17.48


17.48.010    Findings.

17.48.020    Development mitigation policies.

17.48.030    Definitions.

17.48.040    Purpose.

17.48.050    Application.

17.48.060    Identification of development impacts.

17.48.070    Mitigation required – Review – Alternatives.

17.48.900    Construction.

Legislative history: Ord. 90-221.

17.48.010 Findings.

The city council makes the following findings after due consideration and public hearing:

A. The city was established to secure and institutionalize for its citizens certain values and goals essential to achieving and maintaining a high quality of life and attractive living environment.

B. Property developments in Mill Creek increase demand for and use of city services, utilities, parks, schools, school grounds, playgrounds, streets, trails, open spaces, and other public facilities and services by bringing additional residents, visitors, businesses, employees, and customers into the city.

C. Increasing demand brought on by property development lessens the availability, productivity, and usefulness of existing public services and facilities for present and future citizens and landowners of Mill Creek and strains existing municipal resources beyond their capacity.

D. Developers are capable of taking appropriate action to ensure that their property developments do not reduce the availability, productivity and usefulness of existing public facilities and services.

E. It is necessary to regulate property developments to achieve these goals, and development policies of this chapter and such regulation can provide criteria for identifying development impacts and alternatives for preventing or mitigating impacts to the city of Mill Creek resulting from property development.

F. It is within the police power and other lawful authority of the city to regulate property development for the benefit of the public health, safety and welfare.

G. This chapter is adopted in furtherance of the public health, welfare and safety. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.020 Development mitigation policies.

A. Developments undertaken within the city should conform with the development code, exhibit and continue the high standards of existing development in the city, enhance the quality of life for existing and future city residents, and continue to apply high standards in addressing matters of public health, safety and welfare.

B. Developers should take appropriate action to ensure that their developments do not reduce the availability, productivity and usefulness of existing public facilities and services and should proportionally mitigate the impacts of their developments on existing and planned public facilities.

C. Proportional mitigation should be required from each developer for the impacts attributable to his development on existing and planned public facilities and services.

D. Mitigation should not be used to fund regular operational costs of the city.

E. Mitigation efforts should be coordinated with other affected jurisdictions, including but not limited to Washington State, Snohomish County and adjacent cities. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.030 Definitions.

In addition to the definitions in Chapter 14.01 MCMC, the following words have the indicated meanings for purposes of this chapter:

A. “Applicant” means the person, firm or corporation proposing a development in the city.

B. “Capital improvement” means a project or portion thereof which, under generally accepted accounting principles, is not chargeable as an expense of city operation or maintenance.

C. “City” means the city of Mill Creek.

D. “Development” means any proposed land use, zoning or rezoning, comprehensive plan amendment, annexation, subdivision, short subdivision, planned area development, building permit, binding site plan or any other development action permitted or regulated by the Mill Creek Municipal Code. A building permit issued for single-family homes on platted property shall not be considered a development as defined above.

E. “Development approval” means any recommendation or approval for development required or permitted by the Mill Creek Municipal Code.

F. “Director” means the director of the department of community development or his/her designee.

G. “Impact” means any identifiable effect on or consequence to public facilities and services attributable or directly related to the proposed development.

H. “Mitigation fee” means a charge or fee assessed by the city which mitigates all or any portion of an impact.

I. “Mitigation” or “mitigate” has the same definition as WAC 197-11-768, and means generally any action which avoids any negative or adverse impact, or which ameliorates any such impact.

J. “Public facilities and services” means any city or publicly owned, operated or contracted facility, undertaking or service, in whole or in part, whether existing or planned, including but not limited to parks, playgrounds and recreational facilities, schools, libraries, community centers and public buildings, streets, roads, bridges, sidewalks and transportation facilities, trails, open spaces, habitat areas and environmentally sensitive areas, administrative, police, fire, utility and garbage services, and all other such facilities or services, including related equipment. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.040 Purpose.

A. It is the purpose of this chapter to provide a mechanism to identify and provide alternatives for mitigating the direct impacts to public facilities and services resulting from development in or affecting the city.

B. It is intended that this chapter supplement and/or confirm existing lawful authority of the city to regulate property development within and adjacent to its boundaries for the benefit of the public, city residents, property owners, and developers. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.050 Application.

A. This chapter shall be applied as part of and integrated into the city’s land use and development approval procedures, so that mitigation decisions under this chapter are incorporated into development approval and permitting decisions at the earliest stage, thus permitting public review and comment.

B. Impact identification and determination of mitigation conditions under this chapter shall be made simultaneously with the environmental threshold determination required under Chapter 18.04 MCMC.

C. Notice of impact identification and determination of mitigation conditions shall be given in like manner as provided in MCMC 18.04.180.

D. Impact identification and resulting mitigation conditions shall be deemed final for purposes of appeal at the same time as the determination of significance, mitigated determination of nonsignificance, or determination of nonsignificance becomes final under Chapter 18.04 MCMC.

E. Mitigation conditions imposed or required pursuant to this chapter shall be deemed conditions of the development approval and may be enforced by any suitable means. Such conditions may be documented in accordance with this chapter, Chapter 16.14 MCMC, or other appropriate means.

F. Decisions made under this chapter may be appealed by any interested person pursuant to the procedures provided in MCMC 18.04.240. No other appeal shall be allowed. The director’s decision shall carry substantial weight in any appeal proceedings. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.060 Identification of development impacts.

A. Impact Identification Required. Before a proposed development is given any positive recommendation, development approval or is allowed to proceed, the director shall identify all impacts of the development, if any.

B. Impact Criteria. The director shall consider but not be limited to the following considerations in identifying mitigation or quantifying an impact, to the extent the consideration is applicable to the development.

1. The city’s comprehensive plan and its subparts or subplans, the provisions of the Mill Creek Municipal Code, the transportation improvement plan, capital improvement plan, or any other adopted city plan, together with all final or supplemental environmental impact statements or analyses adopted for such plans.

2. Technical documents which discuss or analyze public facilities and services or adopted city plans.

3. Pre-development versus post-development demands upon public facilities and services.

4. Impact of the development on the size, number, capacity, condition, availability, proximity or other characteristics of public facilities and services.

5. Likelihood that an impact from a development, when aggregated with impacts of future development in the immediate vicinity, would require mitigation due to its cumulative effect.

6. Nature, quantity, cost, identified completion date, if any, and pro rata share, if applicable, of contributions, improvements or dedications to public facilities and services arising from the developments, including those offered or suggested by the applicant.

7. Likelihood that the development will benefit from or use public facilities and services.

8. Existing or planned alternatives for financing capital improvements.

9. Whether the development furthers the public health, safety and general welfare.

10. Likelihood of city growth through annexation of areas adjacent to the development.

11. Whether impacts have been previously mitigated, in whole or in part.

12. Any other criteria useful for identifying or quantifying impacts and deemed relevant by the director.

C. Identification Cost. The cost of any special investigation, analysis or report necessary for identification or quantification of impacts related to a development shall be borne by the applicant. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.070 Mitigation required – Review – Alternatives.

A. Mitigation of Impacts Required. The director and/or the body or officer charged with review of a development proposal shall not grant a positive recommendation or development approval unless satisfactory provisions have been made to mitigate identified impacts and such provisions meet the policies and goals of this chapter, the development code, and the comprehensive plan.

B. Review. The director shall review the identified impacts and any proposed alternatives for mitigating such impacts to determine whether the policies and goals of this chapter and of the development code can be met. Upon completion of review, the director shall recommend such conditions of development as are consistent with his review.

C. Mitigation Alternatives. The following alternatives or any combination, either on-site or off-site, may be imposed or required as necessary or appropriate to mitigate identified impacts. The list is not exhaustive and does not purport to describe all available or viable alternatives. Other alternatives may be used as necessary to achieve the policies and goals of this chapter and of the development code.

1. Modification of the development so that identified impacts are avoided.

2. Dedication of land or interests in land for public purposes.

3. Contributions (in-kind or otherwise) or payments offered by the applicant for use in mitigating on-site or off-site impacts.

4. Environmental mitigation agreements under the authority of Chapter 43.21C RCW and Chapter 18.04 MCMC.

5. Mitigation fees assessed under this chapter or any other provision of law. Formulas and criteria for determining the amount and application of such fees will be adopted, from time to time, by action of the city council.

6. Contractual arrangements between the applicant and the city permitting use by the general public of facilities or services within or attendant to the development.

7. Contractual arrangements between the applicant and the city whereby the applicant constructs, funds or commits to construct or fund public facilities and services which mitigate identified impacts.

8. Any commitment or agreement, including but not limited to latecomers’, no-protest, maintenance, third-party, operation, access, pre-annexation, or funding which mitigates any identified impact.

9. Any action or alternative offered by the applicant and satisfactory to the director having the effect of mitigating identified impacts.

10. If the director determines that identified impacts would be best mitigated on a regional basis, the director may independently or in conjunction with any other jurisdiction prepare or have prepared a cost estimate and define a benefit area for the regional improvement. The fair share of the total costs to be allocated to the proposed development shall then be determined and imposed on the development. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

17.48.900 Construction.

A. This chapter is intended as a regulatory measure to promote the public health, safety and welfare. It shall be liberally construed to achieve that end.

B. This chapter shall be construed as in addition to and not in limitation of any other rights, duties, powers or obligations held or exercisable by the city. (Ord. 2009-702 § 2 (Exh. C); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)