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(1) Application.

(a) The city review of all applications for preliminary development permits, unless exempted by SMC 17.148.040, shall include a concurrency evaluation. Final development permits for projects that have not undergone a concurrency evaluation for a preliminary development permit shall be subject to this concurrency evaluation, unless exempted by SMC 17.148.040.

(b) The application shall be on a form provided by the department.

(c) When possible, the application shall be submitted and evaluated during the SEPA process.

(d) For phased projects, an evaluation of the whole project under SEPA is preferred. However, if a preliminary development permit is only for a phase of a project, a determination, if one has not been performed during the SEPA process, may be made for that phase. A determination and certificate issued only for a phase shall not guarantee capacity for future phases.

(e) For transportation concurrency, the applicant shall provide a traffic study prepared by a licensed traffic engineer, which shall, at a minimum, provide the following information:

(i) Number of peak trips generated by the development according to the ITE trip generation manual or other method approved by the director;

(ii) The current LOS of all affected transportation facilities impacted by the development;

(iii) The expected LOS of all affected transportation facilities with the development completed;

(iv) Any proposed mitigation; and

(v) The expected LOS of all affected transportation facilities with the incorporation of the project and any proposed mitigation.

(f) Within 28 days of receipt of the application, the director of public works shall determine if the application is complete and notify the applicant. An application shall be considered complete if all the items on the required application form have been submitted to the city. If the applicant is not notified of an incomplete application within 28 days, the application shall be assumed to be complete.

(g) If the application is incomplete, the applicant shall have 90 days in which to submit the required materials.

(h) The department may request additional materials in order to complete the concurrency evaluation at any time.

(i) Notice of an application for concurrency evaluation shall be provided to all service providers.

(j) An applicant may request a preliminary concurrency evaluation without an accompanying request for a development permit. Any available capacity cannot be reserved. A certificate of capacity will only be issued in conjunction with a development permit approval as outlined in this section.

(2) Evaluation. The director shall determine whether a proposed development can be accommodated within the existing or planned capacity of facilities. This shall involve the following:

(a) A determination of anticipated total capacity at the time the proposed impacts of development occur;

(b) Calculation of how much of that capacity will be used by existing developments and other planned developments with certificates of concurrency at the time the impacts of the proposed development occur;

(c) Calculation of the available capacity for the proposed development;

(d) Calculation of the impact on the capacity for the proposed development, minus the effects of any mitigation, including transportation demand strategies, proposed by the applicant; and

(e) Comparison of available capacity with proposed development impacts.

(3) Determination.

(a) If the capacity of affected facilities is equal to or greater than the capacity required to maintain the adopted level of service standard with the impact from the development, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of SMC 17.148.080.

(b) If the planned capacity for the affected facilities will be equal to or greater than the capacity required to maintain the adopted level of service standards with the impact from the development, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of SMC 17.148.080.

(c) If both the capacity and planned capacity of the affected facilities are less than the capacity required to maintain the adopted level of service standard with the impact from the development, the concurrency test is not passed. The director shall notify the applicant in writing of the denial. The applicant may:

(i) Modify the project to reduce the impact on affected facilities;

(ii) Phase the project to coincide with planned improvements that will ensure concurrency;

(iii) Mitigate the impacts of the project to ensure concurrency;

(iv) Arrange with the service provider to provide the additional capacity of facilities required;

(v) Propose transportation demand management strategies that will reduce the demand for capacity (must be approved by the public works director);

(vi) Ask for formal reconsideration of the concurrency evaluation to the public works director in accordance with the provisions of SMC 17.148.100; or

(vii) Reapply for an evaluation when concurrency can be ensured. (Ord. 1164 § 4, 2004; Ord. 1092 § 1, 2000. Formerly 17.148.070).