The purpose of this chapter is to implement the multimodal concurrency and level of service provisions of the Transportation Element of the City’s Comprehensive Plan in accordance with RCW 36.70A.070(6)(b) so that transportation facilities are adequate and that they are available or provided concurrent with development.
A.
Level of Service. The level of service standards serve as the basis for measuring adequate transportation conditions and guiding the identification of projects in the Transportation Element, which underlies the City’s concurrency measurement.
1.
Streets. The following level of service standards apply throughout the City unless an alternative level of service for a particular street(s) has been adopted in the Transportation Element:
a.
LOS E at intersecting arterials within King County [candidate] countywide centers and highways of statewide significance and regionally significant state highways (I-5, Aurora Avenue N, and Ballinger Way);
b.
LOS D at all other intersections intersecting arterials; and
c.
A volume to capacity (V/C) ratio of 1.1 or lower within King County [candidate] county-wide centers and highways of statewide significance and regionally significant state highways (I-5, Aurora Avenue N, and Ballinger Way); and
d.
A volume to capacity (V/C) ratio of 0.90 or lower for all other principal and minor arterials.
2.
Sidewalks and Trails. Establish a connected and complete pedestrian network by constructing the sidewalks and trails outlined in the City’s current Sidewalk Prioritization Plan.
3.
Bicycles. Provide bicycle connections to major destinations, transit stops and stations, and residential, commercial/retail centers, and employment centers following the Bicycle Plan in the Transportation Element.
B.
Development Proposal Requirements. All new proposals for development that would generate 20 or more new trips during the p.m. peak hour must submit a transportation impact analysis prepared by the applicant in accordance with the standards established in the City’s Engineering Development Manual at the time of application. The estimate of the number of trips for a development shall be consistent with the most recent edition of the Trip Generation Manual, published by the Institute of Traffic Engineers.
1.
The traffic impact analysis shall include, at a minimum, an analysis of the following:
a.
An analysis of origin/destination trip distribution proposed;
b.
The identification of any intersection that would receive the addition of 20 or more trips during the p.m. peak hour; and
c.
An analysis demonstrating how impacted intersections could accommodate the additional trips and maintain the LOS standard.
2.
If the traffic impact analysis identifies one or more intersections at which the adopted LOS standards are exceeded, the applicant shall mitigate the impacts in order to achieve and maintain the adopted LOS standard.
C.
Concurrency Requirement. The City shall not issue a building permit until:
1.
A concurrency test has been conducted and passed; or
2.
The building permit has been determined to be one of the following that are exempt from the concurrency test:
a.
Alteration or replacement of an existing residential structure that does not create an additional dwelling unit or change the type of dwelling unit.
b.
Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use as defined in the land use categories as set forth in the impact fee analysis land use tables.
c.
Miscellaneous improvements that do not generate increased need for public facilities, including, but not limited to, fences, walls, residential swimming pools, and signs.
d.
Demolition or moving of a structure.
e.
Any building permit for development that creates no additional impacts, insignificant and/or temporary additional impacts on any transportation facility, including, but not limited to:
D.
Calculation of Available Capacity. Available capacity for transportation facilities shall be calculated as follows:
Step 1 | Calculate the baseline person trip supply based on projects constructed or with dedicated funding based on the City’s concurrency tool. |
Step 2 | Add future development to the current land use and calculate the person trips demanded by proposed development. |
Step 3 | Calculate the available capacity by subtracting the person trip demand calculated in Step 2 from the person trip supply calculated in Step 1. |
Step 4 | Record the available capacity as the beginning balance in the City’s concurrency trip capacity balance sheet calculated in Step 3. |
E.
Available Capacity for Concurrency.
1.
The City shall determine the available capacity for concurrency as of the effective date of the ordinance codified in this section and record it in the concurrency trip capacity balance sheet.
2.
The City shall update the available capacity in the concurrency trip capacity balance sheet – transportation within 12 months of any of the events listed below:
3.
If none of the events listed in subsection (E)(2) of this section occurs within seven years of the most recent calculation of the available capacity, the City will update the available capacity recorded in the concurrency trip capacity balance sheet.
4.
Each update of available capacity in the concurrency trip capacity balance sheet shall carry forward the reservations of capacity for any building permits for development that has not been completed prior to the update of available capacity.
5.
In order to monitor the cumulative effect of exemptions from the concurrency test on the available capacity, the City shall adjust the available capacity in the concurrency trip capacity balance sheet to record the number of p.m. peak hour person trips generated by exempt building permits in the same manner as though a concurrency test had been performed for the exempt building permits.
F.
Concurrency Test.
1.
Each applicant for a building permit that is not exempt from the concurrency test as provided in subsection (C)(2) of this section shall submit the type of development to be constructed pursuant to the building permit, the number of square feet of each type of development, and the number of dwelling units.
2.
The concurrency test is passed if the number of trips from an applicant’s proposed development is equal to or less than available capacity in the concurrency trip capacity balance sheet that has been adjusted to subtract reserved trips. If the concurrency test is passed the City shall record the concurrency test results in the concurrency trip capacity balance sheet in order to reduce the available capacity by the number of trips that will be generated by the applicant’s development. The reservation of capacity shall be valid for the same time as the building permit for which it was reserved.
3.
The concurrency test is not passed if the number of trips from an applicant’s proposed development is greater than available capacity after it has been adjusted to subtract reserved trips. If the concurrency test is not passed, the applicant may select one of the following options:
4.
A concurrency test, and any results, shall be administrative actions of the City that are categorically exempt from the State Environmental Policy Act.
G.
Reservation of Availability Capacity Results of Concurrency Test.
1.
Upon passage of a concurrency test, the City shall reserve capacity on behalf of the applicant in the concurrency trip capacity balance sheet.
2.
A reservation of available capacity shall be valid for the same period as the approved building permit for which it was made, and may be extended according to the same terms and conditions as the underlying building permit.
3.
A reservation of available capacity is valid only for the uses and intensities authorized for the building permit for which it is issued. Any change in use or intensity is subject to an additional concurrency test of the incremental increase in impact on transportation facilities.
4.
A reservation of available capacity is nontransferable to another parcel of land or development proposal. A reservation of available capacity may be transferred to a subsequent purchaser of the land for the same uses and intensities.
5.
A reservation of available capacity shall expire if the underlying building permit expires, the application or permit is withdrawn by the applicant, the permit is revoked by the City, application approval is denied by the City, or the determination of completeness expires.
H.
Fees.
1.
The City shall charge each applicant for a building permit that is not exempt from this section a concurrency test fee in an amount to be established by resolution by the City Council.
2.
The City shall charge a processing fee to any individual that requests an informal analysis of capacity if the requested analysis requires substantially the same research as a concurrency test. The amount of the processing fee shall be the same as the concurrency test fee authorized by subsection (H)(1) of this section.
3.
The fees authorized in subsection (H)(1) or (H)(2) of this section shall not be refundable, shall not be waived, and shall not be credited against any other fee.
I.
Appeals. Determinations and decisions by the Director that are appealed by an applicant shall follow the procedures of Chapter 20.30 SMC for an Administrative Decision – Type B.
J.
Authority. The Director of Public Works, or his/her designee, shall be responsible for implementing and enforcing the concurrency requirements of this chapter. The Director of the Department of Public Works is authorized to adopt guidelines for the administration of concurrency, which may include the adoption of procedural rules to clarify or implement the provisions of this section.
(Ord. 238 Ch. VI § 4(A), 2000; Ord. 559 § 1, 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 615 § 3, 2011; Ord. 689 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 997 § 1 (Exh. A), 2023)