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 defined in SMC 14A.10.050, 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 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. O2019-484 § 2 (Att. A); Ord. O2018-465 § 2 (Att. A); Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.020 Application for certificate of concurrency.

(1) Each applicant requesting a Comprehensive Plan site-specific land use map amendment 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, unified zone development plan, 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 site-specific land use map 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 subsection (1) or (2) of this section, or except as provided in SMC 14A.10.030(1).

(4) Each applicant filing under subsections (1) and (2) of this section shall contact the department to schedule a preapplication conference as defined in SMC 14A.05.010 and 20.05.030, that shall be held prior to filing an application for a certificate of concurrency. The director may waive the requirement for a preapplication conference if it is determined to be unnecessary for review of an application.

(5) 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. O2019-484 § 2 (Att. A); Ord. O2018-465 § 2 (Att. A); 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;

(viii) Demolition or moving of a structure; or

(ix) Tenant improvements that do not generate additional trips. (Ord. O2019-484 § 2 (Att. A); Ord. O2018-465 § 2 (Att. A); 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. The public works director, or his/her designee, shall use the following methods to conduct the concurrency test:

(a) For individual single-family residential building permit applications on existing lots, or other land use permits that generate less than 10 trips during an individual peak hour, the City will run a concurrency test after permit applications have been received that collectively result in 10 or more trips during an individual peak hour; provided, however, that a concurrency certificate can be issued without conducting the concurrency test when fewer than 10 accumulated trips have been generated since the last concurrency test. The City may run the concurrency test when less than 10 accumulated trips have been generated since the last test when there are existing public transportation facility circumstances that necessitate the concurrency test be performed in the order received for single-family residential building permit applications on existing lots.

(b) For all other development, review of each application as received in subsection (4) of this section.

(2) If the impact of the development does not cause the level of service to decline below the standards set forth in SMC 14A.10.050, the concurrency test is passed, and the applicant shall receive a certificate of concurrency.

(3) If the impact of the development will cause the level of service to decline below the standards 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 meet the level of service standard set forth in SMC 14A.10.050; or

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

(c) Arrange to provide for public facilities that are not otherwise available and that cause the level of service to rise to the standards set forth in SMC 14A.10.050.

(4) The City shall conduct the concurrency test, as needed, in the order that completed applications are received and proposed trip generation estimates are approved by the City.

(5) 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. O2019-484 § 2 (Att. A); Ord. O2018-465 § 2 (Att. A); Ord. O2006-208 § 1; Ord. O2004-139 § 1)

14A.10.050 Level of service standards.

(1) In conducting the concurrency test in accord with this chapter, the intersection LOS standards adopted in the Transportation Element of the Comprehensive Plan are LOS D for intersections that include principal arterials and LOS C for intersections that include minor arterials or collector arterials. 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 both the morning and afternoon peak hours. The LOS standard for the higher road classification shall be the standard applied.

(2) In conducting the concurrency test in accord with this chapter, the road corridor and segment LOS standards are volume to capacity ratio of up to and including 1.1 for corridors and 1.4 for segments, respectively, for the City’s principal and minor arterials. The roadway standards shall be applied per the City’s traffic model’s AM and PM peak hours in each direction. The 2016 and 2024 corridor and segment capacities and LOS standards are shown in Figure 1. The capacity was calculated by modifying the Highway Capacity Manual, 6th Edition, methodology as described in the Measuring Concurrency for Segments and Corridors: HCM 6th Edition, Modified memo, dated November 16, 2018, by Kendra Breiland and Bianca Popescu, Fehr & Peers.

(3) In conducting the concurrency test in accord with this chapter, the City shall apply the level of service standards for the concurrency intersections as designated in subsection (1) of this section and for the concurrency corridors and segments in subsection (2) of this section. If any intersection, corridor or segment operates at or better than the level of service standards, the concurrency certificate shall be granted. If any concurrency intersection, corridor or segment operates worse than the level of service standards, the concurrency certificate will be denied, or the applicant may select one of the options described in SMC 14A.10.040(3).

(4) In conducting the concurrency test, the City shall find that the impact of development occurs, and therefore the level of service standards for intersections, corridors and segments shall be achieved and maintained, no later than six years from the date of the development.

(5) In the event that the applicant is required to construct 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.

(6) The City shall determine which additional public facilities are needed to be included in the Capital Facilities Plan Element of the Comprehensive Plan to achieve the adopted level of service standards. Such additional public facilities shall be underwritten by a financial commitment. (Ord. O2019-484 § 2 (Att. A); Ord. O2018-465 § 2 (Att. A); 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.

(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. O2018-465 § 2 (Att. A); 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. (Ord. O2018-465 § 2 (Att. A); 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

(c) Unwarranted delay in review of the application that allowed capacity to be given to another applicant.

(2) Appeal of denial of a certificate of concurrency shall be to the hearing examiner in accordance with procedures in SMC Title 20. (Ord. O2018-465 § 2 (Att. A); Ord. O2006-208 § 1; Ord. O2004-139 § 1)