a. Primary Land Uses by Area. The following primary land uses described in the preferred alternative of the EIS, together with the customary accessory uses and amenities described in the preferred alternative of the EIS, can qualify as planned actions:

a. Building Development by Area. The preferred alternative of the EIS analyzed the impacts of development of 5,300,000 square feet of new building space in the planned action area. The following table identifies the development, including existing development, analyzed in the preferred alternative of the EIS for each area within the planned action area:

b. Effect of Development Thresholds. If future development proposals exceed the maximum development thresholds reviewed in the preferred alternative for the area north of Whatcom Waterway or south of Whatcom Waterway, as summarized and contained in Exhibit B, Waterfront District Planned Action – Transportation Infrastructure Phasing Plan, to the ordinance codified in this chapter, or for the planned action area as a whole, further environmental review may be required under SEPA, as provided in WAC 197-11-172. Maximum development thresholds, which were developed based on the estimated number of vehicle trips produced, may be altered as a result of the biennial transportation monitoring report, defined in BMC 16.30.170(B). For example, if the monitoring report indicates the development is producing a greater number of vehicle trips than assumed in the EIS, the maximum development threshold may be reduced. Conversely, if the development is achieving a reduced number of vehicle trips than estimated in the EIS, a greater amount of development may be allowed. The development thresholds are ultimately defined by both the infrastructure available and the number of vehicle trips that are being produced. If proposed development would alter the assumptions and analysis in the EIS, further environmental review may be required.

a. Plans for Phased Development. Full development of the planned action area is anticipated to occur in five phases, as summarized and contained in Exhibit B, Waterfront District Planned Action – Transportation Infrastructure Phasing Plan, to the ordinance codified in this chapter. Development thresholds by phase, as analyzed in the EIS, are directly related to the sequence in the transportation infrastructure phasing plan. If funding and/or circumstances change, the sequence in the transportation infrastructure phasing plan could change at the discretion of the public works director, pursuant to the process outlined in the facilities agreement, as it may be amended from time to time. Any changes in sequencing would be evaluated as part of the biennial monitoring pursuant to BMC 16.30.170 and phased development thresholds would be adjusted accordingly.

b. Effect of Phased Development Thresholds. If future development proposals would alter the assumptions and analysis in the preferred alternative of the EIS regarding the phases of development, further environmental review may be required by the SEPA lead agency. For example, if an applicant seeks qualification as a planned action for a project in Phase 3 according to the transportation infrastructure phasing plan, and the infrastructure improvements required to support the Phase 3 project have not yet been triggered under the transportation infrastructure phasing plan, this may result in issuance of a determination of inconsistency pursuant to BMC 16.30.160(D).

a. Trip Threshold. The maximum net new p.m. peak hour weekday vehicle trips analyzed in the preferred alternative of the EIS was 2,620. A proposed project that would exceed the maximum trip levels would not qualify as a planned action, and would require additional SEPA review.

b. Public Works Discretion. The city public works director shall determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative method accepted at the city public works director’s sole discretion, for each planned action project permit application proposed under this planned action. It is understood that development of the planned action will occur in phases over a period of years. The city shall require that off-site mitigation and transportation improvements identified in the EIS and contained in Exhibit B, Waterfront District Planned Action – Transportation Infrastructure Phasing Plan, to the ordinance codified in this chapter be implemented in conjunction with development, as it occurs or if financial commitments have been secured and improvements will be constructed within a three-year period, to maintain adopted levels of service standards and public safety at intersections.

c. Transportation Improvements and Mitigation.