Chapter 14A.10 CONCURRENCY

Chapter 14A.10
CONCURRENCY

Sections:

14A.10.010 Concurrency requirement.

14A.10.020 Application for certificate of concurrency.

14A.10.030 Exemptions from concurrency test.

14A.10.040 Concurrency test.

14A.10.050 Level of service standards.

14A.10.060 Certificate of concurrency.

14A.10.070 Fees.

14A.10.080 Appeals.

14A.10.010 Concurrency requirement.

(1) In accordance with RCW 36.70A.070(6)(b), the City must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the City’s comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of the City’s concurrency requirement, “concurrent with the development” shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

(2) The City shall not issue a development permit until:

(a) A concurrency test has been conducted and a certificate of concurrency has been issued; or

(b) The applicant has executed a concurrency test deferral affidavit where specifically allowed; or

(c) The applicant has been determined to be exempt from the concurrency test as provided in SMC 14A.10.030(1). (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.020 Application for certificate of concurrency.

(1) Each applicant for a comprehensive plan amendment requesting property redesignation or zone reclassification, except as provided in SMC 14A.10.030(1), shall elect one of the following options:

(a) Apply for a certificate of concurrency; or

(b) Execute a concurrency test deferral affidavit.

(2) Each applicant for a planned action, subdivision (including a preliminary plat, short plat, or binding site plan and revisions or alterations which increase the number of dwelling units or trip generation), mobile home park, a master site plan, urban planned development, conditional use permit, or site development permit shall apply for a certificate of concurrency, unless a certificate has been issued for the same parcel in conjunction with a comprehensive plan amendment or zone reclassification, or except as provided in SMC 14A.10.030(1).

(3) Each applicant for a building permit or certificate of occupancy for a change in use shall apply for a certificate of concurrency, unless a certificate has been issued for the same parcel in conjunction with subsections (1) or (2) of this section, or except as provided in SMC 14A.10.030(1).

(4) Applicants for a certificate of concurrency may designate the density and intensity of development to be tested for concurrency, provided such density and intensity shall not exceed the maximum allowed for the parcel. If the applicant designates the density and intensity of development, the concurrency test will be based on and applicable to only the applicant’s designated density and intensity. If the applicant does not designate density and intensity, the concurrency test will be based on the maximum allowable density and intensity. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.030 Exemptions from concurrency test.

(1) The following developments are exempt from this chapter, and applicants may submit applications, obtain development permits and commence development without a certificate of concurrency:

(a) Any development permit for the following development because it creates insignificant and/or temporary additional impacts on any public facility:

(i) Right-of-way use;

(ii) Street improvements, including new streets constructed by the City of Sammamish;

(iii) Street use permits;

(iv) Utility facilities which do not impact public facilities, such as pump stations, transmission or collection systems, and reservoirs;

(v) Expansion of an existing nonresidential structure that results in the addition of 100 square feet or less of gross floor area and does not add residential units or accessory dwelling units as defined in SMC 21A.15.345 to 21A.15.370;

(vi) Expansion of a residential structure provided the expansion does not result in the creation of an additional dwelling unit or accessory dwelling unit as defined in SMC 21A.15.345 to 21A.15.370;

(vii) Miscellaneous non-traffic generating improvements, including, but not limited to, fences, walls, swimming pools, sheds, and signs; or

(viii) Demolition or moving of a structure.

(b) Any development by the City of Sammamish.

(2) Exemptions from the concurrency test on the capacity of public facilities shall be entered in the City’s records in the same manner as though a concurrency test had been performed for the exempt development permits. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.040 Concurrency test.

(1) The City shall perform a concurrency test for each application for a certificate of concurrency, except as provided in SMC 14A.10.030. The public works director, or his/her designee, shall use the following methods to conduct the concurrency test for each type of public facility:

(a) For individual single-family residential building permits on existing lots, annual certification that the capacity of public facilities may be sufficient to maintain the City’s level of service standard for single-family residential development totaling less than 50 units that is estimated to occur during the following year; or

(b) For all other development, review of each application compared to the capacity of the public facilities in accordance with the provisions of this chapter.

(2) The City may enter into an agreement with each public or private entity that provides public facilities in the City to establish the responsibilities of the City and the provider of public facilities in providing data for or conducting a concurrency test.

(3) If the capacity of available public facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact of the development, the concurrency test is passed, and the applicant shall receive a certificate of concurrency.

(4) If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development, or the impact of the development will cause the level of service to decline below the standard set forth in SMC 14A.10.050, the concurrency test is not passed, and the applicant may select one of the following options:

(a) Accept a 90-day reservation of public facilities that are available, and within the same 90-day period amend the application to reduce the need for public facilities to not exceed the capacity that is available, or arrange to provide for public facilities that are not otherwise available; or

(b) Appeal the denial of the application for a certificate of concurrency, pursuant to the provisions of SMC 14A.10.080.

(5) The City shall conduct the concurrency test in the order that completed applications are received by the City.

(6) A concurrency test, and any resulting certificate of concurrency, shall be administrative actions of the City that are categorically exempt from the State Environmental Policy Act. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.050 Level of service standards.

(1) In conducting the concurrency test, the level of service standards for road and street segments are based on allowable average weekday daily traffic (AWDT) volumes by corridor, as a function of each roadway’s characteristics described and listed in the transportation element of the adopted comprehensive plan as amended. Level of service (“LOS”) will be based upon performance of key corridors. Corridor LOS will be determined by averaging the incremental corridor segment volume over capacity (v/c) ratios within each adopted corridor. This methodology has the effect of tolerating some congestion in a segment or more within a corridor while resulting in the ultimate completion of the corridor improvements. The average v/c of the segments comprising a corridor must be 1.00 or less for the corridor to be considered adequate. All corridors must pass the corridor LOS standard for the transportation system to be considered adequate. Corridors comprised of one concurrency segment must have a v/c of 1.00 or less to be considered adequate. The following corridors comprised of the concurrency segments shown on Figure V-6 of the transportation element will be monitored:


East Lake Sammamish Parkway North
Concurrency segments 1, 2 and 3
East Lake Sammamish Parkway Central
Concurrency segments 5 and 6
East Lake Sammamish Parkway South
Concurrency segments 7 and 8
Sahalee Way – 228th Avenue North
Concurrency segments 21, 22 and 23
228th Avenue Central
Concurrency segments 24 and 25
228th Avenue South
Concurrency segments 26 and 27
Issaquah-Pine Lake Road
Concurrency segments 32, 33 and 34
244th Avenue Corridor North
Concurrency segments 35, 36 and 37
244th Avenue Corridor South
Concurrency segment 39
Louis Thompson Road – 212th Corridor
Concurrency segments 11, 12, 13 and 14

The intersection LOS standards adopted in this transportation element are LOS D for intersections that include principal arterials and LOS C for intersections that include minor arterial or collector roadways. The LOS for intersections with principal arterials may be reduced to E for intersections that require more than three approach lanes in any direction. The intersection standards shall be applied to the peak hour.

(2) In conducting the concurrency test, the City shall apply the level of service standards for roads, streets, and intersections Citywide. If no road, street or intersection operates below the level of service standard, development may occur anywhere within the City. If any road, street or intersection operates below the level of service standard, development may not be approved anywhere within the City until the level of service is achieved, or transportation improvements or strategies to accommodate the impacts of development will be completed within six years.

(3) In conducting the concurrency test, the City shall find that the impact of development occurs, and therefore the level of service standards for roads, streets and intersections shall be achieved and maintained, no later than six years from the date of occupancy of the development, or of each phase of a development.

(4) In the event that the applicant is required to provide a public facility, the development cannot be occupied until the public facility is completed, or the applicant provides the City with a performance bond that is acceptable to the City.

(5) In conducting the concurrency test, the City shall determine that additional public facilities that are needed to achieve the level of service standards are included in the capital facilities plan element of the City’s comprehensive plan. Such additional public facilities shall be underwritten by one or more of the following financial commitments specific to the additional public facility needed to achieve the level of service standard:

(a) Grants from federal, state or private sources if the grant has been awarded for specific projects.

(b) Appropriations in state biennial budget for specific projects.

(c) Revenues that can be imposed or expended at the discretion of the City, including, but not limited to, impact fees, SEPA mitigation payments, property taxes, real estate excise taxes, user fees, charges, intergovernmental entitlements, and bonds.

(d) Revenue from special assessment districts created by the City.

(e) Irrevocable commitments from developers in a form acceptable to the City including:

(i) Performance or surety bonds from Washington State financial institutions;

(ii) Letters of credit from Washington State financial institutions; or

(iii) Assignments of assets in Washington State (i.e., interests in real property, savings certificates, bank accounts, or negotiable securities).

(f) Payments by special districts if such payments are similar in character and reliability to those listed in subsections (5)(a) through (e) of this section.

(g) All development permits that require one or more public facilities provided by entities other than the City shall condition the issuance of the development permit for the same parcel on the availability of such public facilities. The City may enter into an agreement with each public or private entity that provides public facilities in the City to establish the responsibilities of the City and the provider of public facilities in providing data for or conducting a concurrency test. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.060 Certificate of concurrency.

(1) A certificate of concurrency shall be issued by the public works director or his/her designee after the concurrency test is passed and the applicant has paid the associated impact fee deposit set forth in SMC 14A.15.020.

(2) Upon issuance of a certificate of concurrency, the City shall reserve capacity on behalf of the applicant, and indicate the reservation on the certificate of concurrency.

(3) A certificate of concurrency shall expire if the development permit for which the concurrency is reserved is not applied for within 180 days of issuance of the certificate of concurrency.

(4) A certificate of concurrency shall be valid for the development permit application period and subsequently for the same period of time as the development permit for which it was issued.

(5) A certificate of concurrency may be extended according to the same terms and conditions as the underlying development permit. If a development permit is granted an extension, the certificate of concurrency, if any, shall also be extended. Certificates of concurrency shall not be extended beyond the expiration of the underlying development permit, or any extensions thereof.

(6) A certificate of concurrency is valid only for the uses and intensities authorized for the development permit for which it is issued. Any change in use or intensity that increases the impact of development on public facilities is subject to an additional concurrency test of the incremental increase in impact on public facilities. Any change in use or intensity that decreases the impact of development on public facilities is not subject to an additional concurrency test and any capacity that is not required as a result of the decrease in impact shall be available for other applications.

(7) A certificate of concurrency is valid only for the development permit with which it is issued, and for subsequent development permits for the same parcel, as long as the applicant obtains the subsequent development permit prior to the expiration of the earlier development permit. A certificate of concurrency transfers automatically to subsequent development permits for the parcel for which the certificate was issued; provided, that the use or intensity has not changed, and the previous development permit has not expired. The transfer of validity of a certificate of concurrency from one development permit to a subsequent development permit shall not extend or otherwise change the expiration of the certificate of concurrency.

(8) A certificate of concurrency runs with the land, and cannot be transferred to a different parcel. A certificate of concurrency transfers automatically with ownership of the parcel for which the certificate was issued. Upon final subdivision approval of a parcel that has obtained a certificate of concurrency, the City shall replace the certificate of concurrency by issuing a separate certificate of concurrency to each subdivided parcel, assigning to each a pro rata portion of the public facility capacity or other measure that was reserved for the original certificate. The issuance of pro rata certificates of concurrency to subdivided parcels shall not extend or otherwise change the expiration of the certificates of concurrency. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.070 Fees.

(1) The City shall charge each applicant an administrative fee and a concurrency test fee in an amount to be established by resolution by the City council. The concurrency test fee shall not be refundable after the concurrency test has been performed.

(2) The City shall charge a processing fee to any individual who requests an informal analysis of capacity if the requested analysis requires substantially the same research as a concurrency test. The processing fee shall be nonrefundable and nonassignable to a concurrency test. The amount of the processing fee shall be the same as the concurrency test fee authorized by subsection (1) of this section.

(3) When a concurrency test approval notification letter is prepared, the City shall charge an associated impact fee deposit set forth in SMC 14A.15.020. If the deposit is not received within 45 calendar days from the date of the approval notification, the application for a certificate of concurrency shall expire. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.080 Appeals.

(1) An applicant may appeal a denial of a certificate of concurrency on the following grounds:

(a) A technical or mathematical error;

(b) The applicant provided alternative data that was rejected by the City; or

(2) Appeal of denial of a certificate of concurrency shall be to the hearing examiner in accordance with procedures in SMC Title 20. (Ord. O2006-208 § 1; Ord. O2004-139 § 1)