12.100.040 Concurrency test.
(1) Applications for certificates of concurrency, and the resulting concurrency test, shall be completed prior to application for development approval. For a UPD permit or a fully contained community, applications for certificates of concurrency, and the resulting concurrency test, shall be completed prior to issuance of a UPD permit or a permit for a fully contained community and their certificates shall not need extensions; provided, that the subject developments are progressing towards completion and have not been terminated.
(2) Applications for certificates of concurrency shall be submitted to the Community Development Department on forms provided by the Department.
(3) The City shall perform a concurrency test for each application for a certificate of concurrency.
(4) The City shall conduct the concurrency test first for the earliest completed application received. Subsequent applicants will be tested in the same order as the City receives completed applications.
(5) The City shall not issue a certificate of concurrency unless there are adequate transportation facilities to meet the level of service standards for existing and approved uses and the impacts of the proposed development.
(6) In conducting the concurrency test, the City shall use standard trip generation rates, such as those reported by the Institute of Transportation Engineers. An applicant may submit as a part of the application for certification of concurrency a calculation of alternative trip generation rates for the proposed development. The Director shall review the alternate calculations and make a written determination within 10 business days of submittal as to whether such calculation will be used in lieu of the standard trip generation rates. The Director shall adjust the trip generation forecast of proposed development to account for allowances determined pursuant to the mitigation payment system’s procedures for transportation strategies, including transportation demand management reductions.
(7) If the level of service is equal to or better than the adopted standards, the concurrency test is passed, and the applicant shall receive a certificate of concurrency.
(8) If the level of service is worse than the adopted standards, the concurrency test is not passed, and the applicant shall select one of the following options:
(a) Accept a 90-day reservation of transportation facilities that are available, and within the same 90-day period amend the application to reduce the need for transportation facilities to the units that are available, or voluntarily arrange for the transportation facilities or strategies needed to achieve concurrency. The 90-day period shall begin no later than 14 days after receipt of the notification of denial. Reduction of the need for transportation facilities may be achieved through one or a combination of the following: reducing the size of the development (so long as minimum density requirements continue to be met); reducing trip generation by the original proposed development; phasing of the development to match future transportation facility construction; providing transportation strategies, when the Department determines that such strategies will be reasonably sufficient as to reduce traffic to a level which meets the concurrency standard or threshold; or
(b) Accept the denial of an application for a certificate of concurrency; or
(c) Appeal the denial of the application for a certificate of concurrency, pursuant to the provisions of CMC 12.95.040 and 12.95.050. The City shall reserve any available development units during the appeal.
Acceptance of the 90-day period shall not impair the applicant’s future right to a formal appeal at a later time.
(9) The concurrency test shall be performed only for the specific property, uses, densities and intensities based on information provided by the applicant and included in the certificate of concurrency. Changes to the uses, densities, and intensities that create additional impacts on transportation facilities shall be subject to an additional concurrency test. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.70.040))