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HomeMy WebLinkAboutHEX Decision March 2, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Howard Seelig Seelig Family properties PO Box 1925 Bellevue, WA 98009 OWNER: G21 Company PO Box 1925 Bellevue,WA 98009 CONTACT: Bryan Borchers CDA Pirscher Architects, Inc. PO Box 55429 Seattle,WA 98155 Kennydale Business Park File No.: LUA 05-114, SA-H, ECF LOCATION: 1900 Block of NE 48t`Street SUMMARY OF REQUEST: Approval for construction of two office/retail buildings with associated surface/structure parking and landscaping on a 4.8- acre site. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on February 9, 2006. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the February 14, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday,February 14,2006,at 9:30 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Kennydale Business Park Nrrl` File No.: LUA-05-114, SA-H,ECF March 2, 2006 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Site Plan Exhibit No.4: Preliminary Landscape Plan Exhibit No. 5: Preliminary Landscape Analysis Exhibit No. 6: Site Survey Exhibit No. 7: Water and Sewer Plan Exhibit No. 8: Drainage Plan Exhibit No. 9: Existing Tree Plan Exhibit No. 10: Elevations Exhibit No 11: Building B P4 Parking-Floor Plan Exhibit No. 12: Building B Ground Floor Level- Floor Plan Exhibit No 13: Building A P3 Parking Exhibit No. 14: Building A ls`Floor-Floor Plan -Level/Building B 2nd Floor-Floor Plan Exhibit No 15: Building A 2nd Floor-Floor Plan Exhibit No 16: ERC Mitigation Measures Exhibit No. 17: Zoning Map Exhibit No. 18: Map from face of Staff Report Exhibit No. 19: Topography and Property Lines Ma The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner,Development Services, City of Renton, 1055 S Grady Way,Renton,Washington 98055. The subject site is located south of NE 48"' Street at approximately the 1900 block. It is east of 1-405 and directly west and south of the subject site is the City of Renton limits. The properties to the east and south are within the City of Newcastle. The site is zoned Commercial Arterial(CA)and Commercial Corridor(CC)within the Comprehensive Plan. The proposal is for the construction of two buildings,Building A(the larger of the two buildings) 84,670 gross square feet is located on the east and Building B, approximately 38,934 gross feet, is on the west. The maximum height of both buildings is approximately 48 feet. The buildings are being designed for Office/Retail space. The topography of the site if fairly steep, sloping from east to west at an average grade of 30%. There are some localized areas, which exceed a grade of 40%and would meet the City's definition of a protected slope. A portion of the protected slopes do protrude into an area that was to be utilized as parking. A modification was requested and granted to allow for regrading of that protected slope. The Environmental Review Committee issued a Determination of Non-significance-Mitigated for the project with 9 mitigation measures. No appeals were filed. The buildings will be cut into the slope and will not be staggered across the slope. The height is not to exceed 47 feet 11 inches. +✓ '4r" Kennydale Business Park File No.: LUA-05-114, SA-H, ECF March 2, 2006 Page 3 The project is consistent with the Commercial Corridor land use element,community design element and the economic development element. The project does comply with the lot coverage and setback requirements. Landscaping is proposed in the front, rear and eastern side yards and the materials proposed are appropriate for the proposed development. The surface parking areas are required to be landscaped, 35 square feet of landscaping is required by the City. There are 117 proposed surface parking spaces,4,095 square feet of landscaping is required and the applicant has proposed 12,486 square feet of landscaping. Some parking spaces are not located within the required area of landscaping, the landscaping plan needs to be revised and submitted at time of building permit application. There has been no distinction from the applicant as to how much will be office space and how much will be retail space. The refuse and recycling area is located at approximately the southeast corner of the buildings. The applicant has proposed 256 square feet for recyclables and 557 square feet for refuse area, which adequately meets the requirements. The areas do need to be screened and a detailed plan needs to be submitted at the time of building permit application. There must be a six-foot high wall or fence around this area. Two driveways are proposed onto NE 48'11 Street, one located on the west side of the building and the other on the east side of the building. Half street improvements will be required along the frontage of the site on NE 48`i' Street. Internal circulation is adequate with a 24-foot wide aisle. Traffic and Fire Mitigation Fees were imposed by the ERC. Carl Pirscher, CDA Pirscher Architects Inc., 19500 Ballinger Way NE, Ste. 200, Shoreline, WA 98155 stated that he is architect of record for this project. Using Exhibit 14,he began on the second floor of the building, the building steps down the slopes and is held well off the eastern property line. Adequate access for fire trucks has been provided around the building. The top floor of the building is designed for office use and is accessed through a central corridor. The main floor of Building A was designed to provide access to customers,the western component of Building A will be oriented towards the view side, some of the businesses on this floor may be independently accessed from the sidewalk. The design was that only 10%of the space would be dedicated to retail,possibly less. The occupied areas of Building B are set below the occupied floor plane of Building A and are more oriented to the site, they are envisioned to be smaller users. There will be some views,but primarily more business service type of users and possibly some retailing at the northern end. Regarding the access to the parking garage, the arrows indicate slopes,not access in and out of the garage. Access to the P2 level parking, directly under the main entry floor of Building A, access to the drive lane is a 2- way access, there is an additional egress point in the far southeast corner. Level P3, directly below is primarily accessed at the far south end of the building and works well with the grades established. There is no circulation connection between P2 and P3 parking levels. There is a small parking structure,P4 just under Building B. June Huson, 11030 SE 760'Street,Newcastle,WA 98056 stated that she lives across the road to the north from this proposed development, it is an area of single-family homes. She is concerned about where the entry/exit will be from this project and hopes that it is not directly across from her driveway. She would like the developer to consider not putting it directly across from her driveway. She also wants to make sure that there is some control on dust,noise and work hours during the construction phase. Kennydale Business Park 14W File No.: LUA-05-114, SA-H, ECF March 2, 2006 Page 4 Kayren Kittrick, Development Services stated that Transportation generally wants the driveways across from each other, she will bring Ms. Huson's concerns to the department. The Traffic Study was done solely on the basis of the building being office only,no retail. Sight distances are adequate. It is a joint street and there can be problems, City of Renton is responsible for their side of the street and Newcastle for the other side. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:27 am. FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Howard Seelig, Seelig Family Properties, G21 Company, filed a request for a Site Plan approval. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official issued a Determination of Non-Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the south side of the 1900 Block of NE 48th Street(SE 76th Street in Newcastle). The site is about a block east of Lake Washington Boulevard and north of the 44th Street On/Off ramps for I-405. Newcastle City limits run along the eastern edge of the subject site. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial uses coordinated to avoid "strip commercial" parking and design elements,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CA(Commercial Arterial). 8. The subject site was annexed to the City with the adoption of Ordinance 4318 enacted in June 1991. 9. The subject site is approximately 209,468 square feet or 4.8 acres. The parcel is approximately 635 feet deep(north to south) and approximately 325 feet wide along NE 48th Street. 10. The site slopes downward to the west at an average grade of approximately 30 percent. There are small areas where the slope exceeds 40 percent and those are slopes that would meet the definition of Protected Slope. The applicant sought and was granted an Exception through Modification demonstrating that the steepest slopes were artificially created. In any event, the applicant will provide a 159 foot wide eastern side yard protecting some of the steeper slopes on the property. `%✓ ti✓` Kennydale Business Park File No.: LUA-05-114, SA-H, ECF March 2, 2006 Page 5 11. The area contains a variety of uses. Commercial uses border the site on the west. Multiple family and single-family uses are located across the street(NE 48th)to the north. Single Family detached housing is located east in Newcastle. Multiple family uses are also located south of the site. 12. The Zoning for the area generally is reflected by the uses noted above. Like the subject site,the areas to the south,west and northwest are zoned CA. The areas north of the eastern half of the subject site and east of the subject site are zoned for single-family residential purposes in Newcastle. 13. The applicant proposes developing two office/retail buildings on the subject site. The two buildings will be side-by-side and have a common wall between them. The eastern building, Building A,will be 84,670 square feet. It will be two-stories high over two-stories of structured parking. The western building,Building B, will be one-story over one-story of structured parking. The building complex will be set into the hillside with part of the parking underground. Building A's two occupied stories will be located above Building B so that the west facing windows of Building A will have views over Building B. 14. The exterior treatment of the buildings will consist of a mixture of concrete,aluminum and glass. The long east and west facades will have window walls and modulations and vaulted or arched details to break up the appearance of these longer facades. The building height will be approximately 48 feet. Fifty feet is the permitted height in the CA Zone. 15. The CA zone requires a minimum 10 foot front yard and street side yard setback. No side or rear yard is required unless the abutting property is residentially zoned in which case 15 feet is required. In this case residential districts are located east and south. As noted above,the applicant will be providing a 159 foot east side yard, a 20 foot front yard setback, a 30 foot west side yard and a 40 foot rear or south yard. 16. There will be two driveways that provide access to the site from NE 48th Street. The driveways will be located east and west of the buildings and will provide circulation around the entire perimeter of the buildings with a graded access driveway along the south side of the complex. The driveways will also provide access to the structured parking and surface parking located east and west of the respective buildings. While all of the parking will be shared,there will be no internal circulation between the various parking areas or levels. Staff calculated the parking complement for the complex to range between 371 to 556 stalls based on 3 to 4.5 stalls per 1,000 square feet of net floor area. This complement would provide sufficient parking for a mix of office and retail space. The applicant proposes 414 stalls. There will be 117 surface stalls mostly along the east side of the building and adjacent to the building along the west side. The remaining 297 stalls would be located in the garages. Surface parking lots require 35 square feet of landscaping for each 100 stalls or 4,095 square feet for the proposed 117 surface stalls. The applicant has proposed more than twice that, with approximately 12,486 square feet. Additionally,all parking must be within 50 feet of a landscaped area. Parking along the western side of the complex does not comply and staff recommended that it be corrected. 17. The development will generate an estimated 1,037 vehicle trips. The traffic report provided by the applicant and staff's analysis indicates that there is capacity in the transportation corridor to handle the additional traffic although there are some delays at the I-405 intersections. The state, in charge of the I- 405 intersections, was informed about the proposal. Half street improvements and left turn pockets will be provided along 48th. Staff will monitor queuing that enters the site to assure that traffic flows reasonably into and out of the subject site. The City generally favors driveways that are across from one another rather than offset. Kennydale Business Park "fir✓ File No.: LUA-05-114, SA-H, ECF March 2, 2006 Page 6 18. It was estimated that the building's higher roofline would be below the grade of the single-family homes east and upslope of the proposed development. 19. Neighbors were concerned about traffic both on NE 48th Street and at the intersections adjacent to I- 405. There was also concern about view blockage from the homeowners east of the site although views are not specifically protected. There was also concern about the driveway alignment vis-a-vis the home to the north. CONCLUSIONS: 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; C. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself, e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The multistory office/retail building is compatible with the goal of minimizing the strip commercial features that have been associated with Commercial Arterial Zoning. The building will have parking under the complex and its surface parking is located in side yards,not along the street frontage. The two abutting buildings are designed with common elements including wall and window details, rooflines and trim and architectural detailing. The building will also provide employment opportunities as envisioned by the comprehensive plan. 3. The buildings appear to meet the Zoning Code requirements including setbacks,height, parking capacity and landscaping although additional landscaping will be required in the western parking areas. Building and Fire Code compliance will be determined with the submission of the detailed building permit application. 4. The building will be set into the sloping hillside site and its roof elevation will be lower than the plane of the homes to its east although it will likely alter the visual corridor. The easternmost building will be 159 feet from the property line whereas only 15 feet would normally be required. A natural slope will be preserved as a buffer. There will definitely be more traffic once the development occurs and it may affect neighboring properties. These impacts were anticipated when the comprehensive plan and zoning were adopted for this site and area. Construction impacts will be controlled by normal limitations on hours and hauling and will end with completion of the buildings. r `owe Kennydale Business Park File No.: LUA-05-114, SA-H, ECF March 2,2006 Page 7 5. The site plan appears to be reasonably designed for this sloping site. The perimeter drive aisle will allow emergency vehicles to circle the complex. Internal circulation appears adequate. The proposed parking meets code requirements. 6. The development of the site will increase the tax base of the City. While the development may affect adjacent properties,the design would appear to minimize impacts in the main. Again,there is no doubt that developing this vacant site will alter the character of this developing area just a bit more. 7. The buildings are stepped into the hillside and appear to step up the site from west to east allowing light and air to reach both buildings. The arrangement also provides view amenities for the western-facing office/retail uses. 8. Again, construction noise should be short-lived and office and retail uses should not create many late- hour noises. There will be more general hubbub once the buildings are occupied with office workers. 9. There are urban services and appropriate infrastructure to serve the development. 10. In conclusion,the proposed plan appears to make reasonable use of a unique site that lies on the boundary between commercial and residential uses. It provides reasonable separation from the residential uses and attempts to preserve views of those upslope single-family uses. DECISION: The Site Plan is approved subject to the following conditions: 1. The applicant shall comply with the ERC conditions. 2. A revised landscape plan shall be submitted with the building permit application showing all parking spaces within 50-feet of a landscaped area. 3. A screening and enclosure detail for the proposed dumpster that meets City standards shall be submitted with the building permit application. ORDERED THIS 2nd day of March 2006. qZL1 FRED J. KA AN HEARING E INER TRANSMITTED THIS 2nd day of March 2006 to the parties of record: Jill Ding G21 Company Kayren Kittrick 1055 S Grady Way PO Box 1925 Development Services Div. Renton, WA 98055 Bellevue,WA 98009 Renton,WA 98056 Kennydale Business Park File No.: LUA-05-114, SA-H, ECF March 2,2006 Page 8 Howard Seelig Carl Pirscher June Huson Seelig Family Properties CDA Pirscher Architects Inc. 11030 SE 76`''Street PO Box 1925 19500 Ballinger Way NE, Ste. 200 Newcastle,WA 98056 Bellevue, WA 98009 Shoreline,WA 98155 W Elper Regina Sparks John Atzbach 7729 111th Place SE 1900 NE 48th Street, Ste. F202 11103 SE 76`h Street Renton,WA 98056 Renton,WA 98056 Newcastle,WA 98056 Emily Rollins David J. Scott Susan Irwin 7617 111"'Place SE 7711 11 Id'Place SE 7701 111` Place SE Newcastle,WA 98056 Newcastle,WA 98056 Newcastle,WA 98056 TRANSMITTED THIS 2°a day of March 2006 to the following: Mayor Kathy Keolker Stan Engler,Fire Jay Covington,Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman,PBPW Administrator Utilities Division Alex Pietsch,Economic Development Neil Watts,Development Services Jennifer Henning,Development Services Janet Conklin,Development Services Stacy Tucker,Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,March 16,2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,March 16, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. Kennydale Business Park File No.: LUA-05-114, SA-H, ECF March 2, 2006 Page 9 The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. i t a a rr`T IJP I _ ^� -SLI :1JL'itll St. SE 72nd St. j NE 60th, St. ,��`I' fir.• � �.. r' j A4, S'E 76th . St. J YL � SE 80 h St. cm � n,� • 3s2:"�� �t:SE E 1Ii 29 RSE E 1/2 Exhib t 17` 5429, r-M QUi© - - - MISS i1=1Jim +s im I=1111► ii3Oia =ill=ll! 1�= .1- p� HJ+ li �SIIBM JM lia ' _ '- - Gt - Gil� film _ li Ii i11i �- Ii_=1l _Il_=iillll 11=I1=�1 Ih�iil '-!!■•! it !II IIS Ii li 1!� Via 1 1 Ili �1 1� :e ■■ G ii 1i�ii : �1 ii �. -li•.. -- __ aim._ ,all imilim in fi li li li U! i.=iil=1 —� - ti a- li li _ aiif;li;l�1%11, •� ti ■. 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Mri�r� CITY OF RENTON DETERMINATiON OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA05-114,SA-H,ECF APPLICANT: Howard Seelig,Seelig Family Properties PROJECT NAME: Kennydale Business Park DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental Review(SEPA)and Hearing Examiner Site Plan review for the construction of two office/retail buildings with associated surface/structure parking and landscaping on a 4.8-acre site.The proposed Building A is 84,670 gross square feet two stories over two levels of parking. Building B Is 38,934 gross square feet with one level of structure parking under the south section. The site is zoned Commercial Arterial. Access to the site would be via two private drives from NE 48th Street.According to the City's Critical Areas map,the site contains Protected Slopes. LOCATION OF PROPOSAL: 1900 Block of NE 48th Street LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated,and shall be constructed in conformance with the specifications presented in the King County Surface Water Design Manual(KCSWDM). This will be required during the construction of both off-site and on-site improvements well as building construction. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades,it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site. This Will be required during the construction of both off-site and on-site improvements as well as building construction. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements as well as building construction. 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or inst@llation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. 5. Applicant shall follow the recommendations contained in the geotechnical report. 6. This project shall be subject to the 1998 King County Surface Water Design Manual Level 1. 7. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 8. The applicant shall pay the appropriate Fire Mitigation Fee based on $0.52 per square foot of building area. The fee shall be paid at the time of building permit issuance. 9. The applicant shall pay the appropriate Transportation Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project, estimated at 1,037 trips. The fee shall be paid prior to the issuance of building permits. t I I Exhibit 16 ERC Mitigation Measures Page 1 of 1