Pursuant to the State Growth Management Act, Chapter 36.70A RCW, after the adoption of its Comprehensive Plan, the City of Tacoma is required by RCW 36.70A.070(6)(e) to ensure that transportation improvements or strategies to accommodate the impacts of development are provided concurrent with the development. In the same vein, the City is bound by the planning goals of RCW 36.70A.020 to ensure that public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards, hereinafter “concurrency.”
The intent of this chapter is to establish a concurrency management system to ensure that concurrency facilities and services needed to maintain minimum level of service standards can be provided simultaneous to, or within a reasonable time after, development occupancy or use. Concurrency facilities are roads, transit, potable water, electric utilities, sanitary sewer, solid waste, storm water management, law enforcement, fire, emergency medical service, schools, parks and libraries. This chapter furthers the goals, policies, implementation strategies and objectives of the Comprehensive Plan.
The concurrency management system provides the necessary regulatory mechanism for evaluating requests for development to ensure that adequate concurrency facilities can be provided within a reasonable time of the development impact. The concurrency management system also provides a framework for determining facilities and services needs and provides a basis for meeting those needs through capital facilities planning.
(Ord. 25646 § 3, 1994-12-13; Ord. 27079 § 61, 2003-04-29)
(Definitions. Ord. 25646 § 3, 1994-12-13; Ord. 27245 § 31, 2004-06-22; Ord. 27813 Ex. G, 2009-06-30; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04; repealed and relocated to § 13.01.160 by Ord. 28613 Ex. G, 2019-09-24)
A. 
Application. All development permit applications are subject to a concurrency test except those exempted in Section 13.16.050. If a concurrency test is conducted for the preliminary plat application, no concurrency test shall be required for the final plat application.
B. 
Procedures. The concurrency test will be performed in the processing of the development permit and conducted by Planning and Development Services and the facility and service providers.
1. 
Planning and Development Services shall provide the overall coordination of the concurrency test by notifying the facility and service providers of all applications requiring a concurrency test as set forth in subsection A above; notifying the facility and service providers of all exempted applications which use capacity as set forth in Section 13.16.050; notifying the applicant of the test results; notifying the facility and service providers of the final outcome (approval or denial) of the development permit; and notifying the facility and service providers of any expired development permits or discontinued certificates of capacity.
2. 
All facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity by conducting the concurrency test, for their individual facility, for all applications requiring a concurrency test as set forth in subsection A above; reserving the capacity needed for each application; accounting for the capacity for each exempted application which uses capacity as set forth in Section 13.16.050; notifying Planning and Development Services of the results of the tests; and reinstating any capacity for an expired development permit, discontinued certificate of capacity, or other action resulting in an applicant no longer needing capacity which has been reserved.
3. 
The facility and service providers shall be responsible for annually reporting to the City of Tacoma the total, available and planned capacity of their facility or service as of the end of each calendar year. Such reporting shall be made before January 31st for inclusion in the amendment process of the Capital Facilities Program.
C. 
Test. Development applications that would result in a reduction of a level of service below the minimum level of service standard cannot be approved. For potable water, electric utilities, sanitary sewer, solid waste and storm water management only available capacity will be used in conducting the concurrency test. For roads, transit, law enforcement, fire, emergency medical service, schools, parks and libraries, available and planned capacity will be used in conducting the concurrency test.
1. 
If the capacity of concurrency facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of Section 13.16.040.
2. 
If the capacity of concurrency facilities is less than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is not passed. The applicant may:
a. 
Accept 90-day reservation of concurrency facilities that exist and modify the application to reduce the need for concurrency facilities that do not exist;
b. 
Accept 90-day reservation of concurrency facilities that exist and demonstrate to the service provider’s satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate;
c. 
Accept 90-day reservation of concurrency facilities that exist and arrange with the service provider for the provision of the additional capacity of concurrency facilities required; or
d. 
Appeal the results of the concurrency test to the Hearing Examiner in accordance with the provisions of 13.16.070.
D. 
Concurrency inquiry application. An applicant may inquire whether or not concurrency facilities exist without an accompanying request for a development permit. As set forth in Tacoma Municipal Code Chapter 2.09, Fee Code, a fee may be charged for such concurrency test. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as outlined in 13.16.040.
(Ord. 25646 § 3, 1994-12-13; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04)
A. 
Issuance. A certificate of capacity shall be issued at the same time the development permit is issued and upon payment of any fee and/or performance of any condition required by a service provider.
B. 
A certificate of capacity shall apply only to the specific land uses, densities, intensities and development project described in the application and development permit.
C. 
A certificate of capacity is not transferable to other land, but may be transferred to new owners of the original land.
D. 
Life span of certificate. A certificate of capacity shall expire if the accompanying development permit expires or is revoked. A certificate of capacity may be extended according to the same terms and conditions as the accompanying development permit. If the development permit is granted an extension, so shall the certificate of capacity. If the accompanying development permit does not expire, the certificate of capacity shall be valid for three years from issuance of the certificate.
E. 
Unused capacity. Any capacity that is not used because the developer decides not to develop or the accompanying development permit expires shall be returned to the pool of available capacity.
(Ord. 25646 § 3, 1994-12-13)
A. 
No impact. Development permits for development which creates no additional impacts on any concurrency facility are exempt from the requirements of this chapter. Such development includes, but is not limited to:
1. 
Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units;
2. 
Interior renovations with no change in use or increase in number of dwelling units;
3. 
Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;
4. 
Replacement structure with no change in use or increase in number of dwelling units;
5. 
Temporary construction trailers;
6. 
Driveway resurfacing within the right-of-way, driveway and/or parking lot maintenance;
7. 
Reroofing of structures;
8. 
Demolitions.
B. 
Exempt permits. The following development permits are exempt from the requirements of this chapter:
1. 
Boundary line adjustment;
2. 
Final plats, (if a concurrency test was conducted for the corresponding preliminary plat permit);
3. 
Variance;
4. 
Waiver;
5. 
Shoreline substantial development permit/variance.
C. 
Application filed before January 1, 1995. Complete development permit applications that have been submitted before the effective date of the ordinance codified in this chapter are exempt from the requirements of this chapter.
D. 
Pre-existing use rights. Development permits that were issued before January 1, 1995 shall be considered to have capacity as long as the accompanying development permit is valid. If the accompanying development permit does not expire, capacity shall be considered to exist for three years after the effective date of the ordinance codified in this chapter.
E. 
Single-unit homes and duplexes. Building permits for single-unit homes and duplexes are exempt from the requirements of this chapter.
F. 
Interior renovations. Interior renovations that only add one additional dwelling unit are exempt from the requirements of this chapter.
G. 
Accessory dwelling units. All accessory dwelling units, as defined in Section 13.01 are exempt from the requirements of this chapter.
H. 
Accounting for capacity. The capacity for development permits exempted under subsections C, D, E, F, and G above shall be taken into account.
(Ord. 25646 § 3, 1994-12-13; Ord. 26934 § 21, 2002-03-05; Ord. 27245 § 32, 2004-06-22; Ord. 28336 Ex. C, 2015-12-01; Ord. 28725 Ex. A, 2020-12-08)
Facility and service providers may continue to charge fees based on their existing fee schedules. This chapter does not independently authorize the collection of any new fees. Any new capacity fees must be authorized through another authority. All such concurrency fees are to be paid in full upon approval of and prior to issuance of the certificate of capacity.
(Ord. 25646 § 3, 1994-12-13; Ord. 26934 § 21, 2002-03-05)
A. 
Procedures. The applicant may appeal the results of the concurrency test based on three grounds: (1) a technical error; (2) the applicant provided alternative data or a traffic mitigation plan that was rejected by the City; or (3) unwarranted delay in review that allowed capacity to be given to another applicant. The applicant must file a notice of appeal with Planning and Development Services within 15 days of the notification of the test results. The notice of appeal must specify the grounds thereof, and must be submitted on the forms authorized by Planning and Development Services. Each appeal shall be accompanied by a fee as set forth in Chapter 2.09, Fee Code, with said fee refunded to the appellant should the appellant prevail. Upon filing of such appeal, Planning and Development Services shall notify the appropriate facility and service provider(s) of such appeal.
B. 
Hearing scheduling and notification. When the appeal has been filed within the time prescribed, in proper form, with the required data and payment of the required fee, Planning and Development Services shall place such appeal upon the calendar to be heard. Notice of such public hearing shall be given to the applicant and the appropriate facility and service provider(s), at least 15 days prior to the hearing date.
C. 
Record. The Director and appropriate service provider(s) shall transmit to the Hearing Examiner all papers, calculations, plans, and other materials constituting the record of the concurrency test, at least seven days prior to the scheduled hearing date. The Examiner shall consider the appeal upon the record transmitted, supplemented by any additional competent evidence which the parties in interest may desire to submit.
D. 
Burden of proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the Director was in error.
E. 
Hearing and decision. The Examiner shall conduct the hearing and render the decision in accordance with the provisions of Sections 1.23.100 and 1.23.110.
F. 
Reconsideration and appeal of examiner decision. Reconsideration of the Examiner’s decision shall be allowed as set forth in Section 1.23.120. The decision of the Examiner shall be considered a final decision, appealable only to the Superior Court of Washington for Pierce County.
(Ord. 25646 § 3, 1994-12-13; Ord. 27017 § 10, 2002-12-03; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04)