19.20.030 Concurrency test.
(1) Application. The city review of all applications for preliminary development permits, unless exempted by ECMC 19.20.050, shall include a concurrency test. Those final development permits which did not have preceding preliminary development permits shall also be subject to this concurrency test, unless exempted by ECMC 19.20.050.
(2) Procedures. The concurrency test will be performed in the processing of the development permit and conducted by the planner and public works director.
(a) The planner shall provide the overall coordination of the concurrency test by notifying the service providers of all applications requiring a concurrency test as set forth in subsection (1) of this section; notifying the service providers of all exempted applications which use capacity, notifying the applicant of the test results; notifying the service providers of the final outcome (approval or denial) of the development permit; and notifying the service providers of any expired development permits, discontinued certificates of capacity, or other action resulting in an applicant no longer needing capacity which has been reserved.
(b) All 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 (1) of this section; reserving the capacity needed for each application; accounting for the capacity for each exempted application which uses capacity; notifying the planner 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. The service providers shall also be responsible for reporting the capacity of their facility to the city annually.
(3) Test. Development permits that result in a reduction of a level of service below the minimum level of service standard cannot be approved. For transportation facilities, available and planned capacity will be used in conducting the concurrency test.
(a) If the capacity of transportation facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact from the development permit, the concurrency test is passed. A certificate of capacity will be issued according to the provisions of ECMC 19.20.040.
(b) If the capacity of transportation facilities is less than the capacity required to maintain the level of service standard for the impact from the development permit, the concurrency test is not passed. The applicant may:
(i) Modify the application to reduce the need for transportation facilities;
(ii) Demonstrate to the service provider’s satisfaction that the development will have a lower need for capacity than usual and, therefore, capacity is adequate;
(iii) Arrange with the service provider to provide the additional capacity of transportation facilities required; or
(iv) Ask for formal reconsideration of the concurrency test to the public works director in accordance with the provisions of ECMC 19.20.070.
(4) No Development Permit Application. An applicant may request a preliminary concurrency test without an accompanying request for a development permit. A fee, as set forth in the approved fee schedule, will be charged for such preliminary 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 this section. (Ord. 434 § 1, 2010)