Chapter 20.10
CONCURRENCY MANAGEMENT
Sections:
20.10.030 Land use actions subject to concurrency review.
20.10.040 De minimis determinations.
20.10.050 Concurrency standards and requirements.
20.10.060 Off-peak transportation impacts.
20.10.070 Transportation impact analysis – Contents.
20.10.080 Administration and approval process.
20.10.090 Nonbinding determinations.
20.10.100 Nonbinding determination fees.
20.10.110 Conflict with other ordinances and codes.
20.10.130 Transportation impact fees.
20.10.010 Purpose.
This chapter provides the necessary regulatory mechanism for determining that development meets the concurrency provisions of the city’s comprehensive plan, as amended, as required by the Washington State Growth Management Act. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1))
20.10.020 Definitions.
As used in this chapter, the following definitions apply:
“Building permit” means an official document or certificate issued by the building official authorizing performance of construction or alteration of a building or structure.
“Concurrency” means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years, as set forth in the city’s comprehensive plan, the water system comprehensive plan, the wastewater system comprehensive plan, and any other comprehensive or strategic plan, including subarea plans, adopted SEPA policies, and requirements of applicable NPDES permits, as may be amended.
“De minimis” means an impact so small that it is considered similar to no impact to the city’s adopted level of service standards.
“Development” means the particular development activity authorized by the unexpired development approval issued for a specific project.
“Project” means the subject of the development activity, regardless of whether the project is proposed in phases.
“Public facilities and services” means the following public facilities and services for which level of service standards have been or will be established by ordinance, adopted policy, or in the comprehensive plan and the adopted transportation improvement plan, water comprehensive plan, and wastewater comprehensive plan:
A. Potable water;
B. Wastewater;
C. Reuse water;
D. Stormwater drainage;
E. Parks and recreation;
F. Traffic facilities including but not limited to:
1. Intersections;
2. Arterial roadways;
3. Streets;
4. Sidewalks;
5. Storm drains;
6. Curbs;
7. Traffic flow;
8. Trails and pathways;
And as identified in any traffic impact fee study accepted by the city. (Ord. 2023-025 § 2 (Exh. B); Ord. 2012-012 § 1 (Exh. A); Ord. 2010-013 § 1 (Exh. 1))
20.10.030 Land use actions subject to concurrency review.
Developments generating the minimum threshold vehicle peak hour counts as specified herein or requiring pedestrian/bicycle safety are subject to concurrency review, including but in no way limited to the following:
A. Building permits;
B. Binding site plans;
C. Conditional or special use permits;
D. Preliminary plats;
E. Short plats, unless improvements are deferred by applicable authority;
F. Planned unit developments;
G. All developments requiring an environmental impact statement;
H. Phased development. The requirements of this chapter will be applied at the time of approval of the initial phase and adjusted for each subsequent phase based on the cumulative impact of all the phases;
I. Other developments or activities determined by the city engineer requiring transportation concurrency to mitigate transportation impacts. (Ord. 2023-025 § 2 (Exh. B))
20.10.040 De minimis determinations.
A. Development approval for a single-family dwelling that is not part of any other related single-family development approval and that does not have a cumulative effect on present system capacity or exceed current uncommitted available capacity is deemed de minimis.
B. Any development generating fewer than 10 average daily trips, with no possible cumulative impact, and which does not exceed current uncommitted available capacity, will be deemed de minimis for purposes of assessing transportation levels of service.
C. Boundary line adjustments.
D. Exempt or de minimis developments may be denied if any public facilities and services are below set level of service (LOS) standards or if the exempt development would, by itself, take them below LOS standards.
E. Nothing in this section exempts property from payment of citywide and areawide impact fees, facility charges, street maintenance and special district charges, latecomer charges, or any other city requirements or charges, as applicable. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.030)
20.10.050 Concurrency standards and requirements.
A. Concurrency Standards. All developments must meet development standards for multimodal LOS, which includes vehicular, pedestrian, bicycle, transit, and other modes of transportation as described in the city’s comprehensive plan or transportation master plan. Minimum requirements for transportation impact analyses are set forth in the city’s adopted Transportation Impact Analysis Guidelines.
B. If a project generates 10 or fewer peak hour vehicle trips, and meets the de minimis criteria, no concurrency determination is required. Eleven to 50 peak hour trips require a limited transportation impact analysis. Fifty-one or more peak hour trips require a full transportation impact analysis.
C. Concurrency Evaluations. Applicants must provide a concurrency evaluation. Evaluations will be reviewed by the city or its traffic engineering consultant to ensure consistency with previously approved and pending developments. The concurrency evaluation will include the following adopted LOS requirements:
1. Pedestrian Safety LOS. Developments will provide for pedestrian safety, including adequate connections to existing pedestrian facilities. Proximity to pedestrian oriented establishments such as, but not limited to, schools, parks, and commercial establishments must be considered when evaluating pedestrian safety. Particular attention must be given to school walk routes.
a. Ultimate Pedestrian LOS. The ultimate pedestrian facility design includes a sidewalk, curb and gutter section, or other approved nonmotorized vehicle facilities. Additional safety precautions may result in other design requirements.
b. Minimum Pedestrian LOS. If located within the pedestrian priority route, minimum pedestrian facility must include one of the following:
i. A six-foot-wide paved path separated from the paved roadway surface by an unpaved ditch or swale, three feet wide;
ii. An eight-foot-wide paved path constructed integral with paved roadway surface and including adequate delineation for safety;
iii. Other conditions may be considered equivalent to the minimum pedestrian safety facility at the sole discretion of the city engineer.
2. Bicycle Network LOS. Developments will provide for bicycle network connectivity, including adequate connections to the existing network.
a. Ultimate Bicycle Network. A network of paths, lanes, and shared streets that collectively provide “ODT Alternatives” that allow cyclists to proceed through Sequim using various routes, including some that pass through downtown Sequim.
b. Minimum Bicycle Network. If identified in the city’s Transportation Master Program, a shared use path, bike lane, or sharrow must be provided.
3. Traffic Capacity LOS. Capacity LOS is defined in the current edition of the Highway Capacity Manual and is based on peak hour traffic during the most critical or highest volume times of the day. The street system, including segments and intersections, must meet the following LOS standards:
a. Streets – LOS D;
b. Washington Street outside the downtown core area (5th Ave. to Brown) – LOS E; inside Washington Street’s downtown core – LOS F;
c. LOS will be measured at intersections of classified roadways as set forth in the City’s adopted Transportation Master Plan. (Ord. 2023-025 § 2 (Exh. B))
20.10.060 Off-peak transportation impacts.
Transportation impacts that do not occur during the typical p.m. peak hour may create additional impacts to the transportation system including traffic that conflicts with school walking routes or truck-oriented developments that could impact streets on a daily basis, but not during the peak hour. The city engineer may require additional concurrency analyses for development proposals with significant off-peak trip generation or truck generation greater than 30 trucks per day. (Ord. 2023-025 § 2 (Exh. B))
20.10.070 Transportation impact analysis – Contents.
As part of the land use development application, the applicant will be required to submit a transportation impact analysis to identify all transportation impacts upon key streets, intersections, and nonmotorized facilities. The transportation impact analysis must be consistent with the city of Sequim’s Transportation Impact Analysis Guidelines.
A. Pedestrian Safety LOS. The report will identify pedestrian safety impacts and required mitigation.
B. Bicycle Network LOS. The report will identify bicycle network impacts and required mitigation.
C. Transportation Capacity LOS. Capacity LOS for all development applications must use a city-wide traffic model that includes a cumulative transportation forecast of all approved concurrency applications. This forecast will be the basis for the analysis with each subsequent development application being added to the previous transportation forecast to determine transportation capacity LOS for roadways and intersections. The report will identify if transportation impacts of the proposed development are consistent with the currently adopted and funded TIP, CFP, and impact fee programs. Additional mitigation to maintain capacity LOS will be identified if required, as will the required transportation impact fee. (Ord. 2023-025 § 2 (Exh. B))
20.10.080 Administration and approval process.
A. Administration. The public works director is responsible for the administration of all activities relating to this chapter and will coordinate with other departments, as appropriate, in implementing the provisions of this chapter. The public works director may implement and amend administrative policies deemed necessary and/or appropriate to implement the provisions of this chapter.
B. Cumulative impacts for all applications within the same geographic area must be considered. A development proposal will not be approved if it exceeds level of service (LOS) standard and is not mitigated by: (1) the existing transportation network; (2) fully funded projects; or (3) fully funded street improvements under contract as part of other approved development proposals which are fully funded.
C. Determinations of Concurrency. Except for nonbinding determinations, a concurrency determination will be made at the time of development approval. Concurrency approval expires at the same time as the underlying development approval.
D. SEPA. This chapter is not intended to limit the applicability of the State Environmental Policy Act to specific proposals. Each proposal will be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act. (Ord. 2023-025 § 2 (Exh. B))
20.10.090 Nonbinding determinations.
A. An applicant may request a nonbinding concurrency determination, before applying for development approval, by submitting a request and applicable fees to the department of community development, who will work with public works in providing a response. Information required to make this determination is the same as that cited in SMC 20.10.050.
B. Concurrency determinations do not create a vested right to city services or capital facilities. Concurrency determinations expire after one year from date of issue. The nonbinding determination runs with the land and is not personal to the applicant. The determination is not transferable or assignable. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.045)
20.10.100 Nonbinding determination fees.
A. The city will charge a processing fee to any individual who requests a nonbinding concurrency determination not associated with an application for development approval. The processing fee is nonrefundable and non-assignable to any other person, entity, or applicable fees for the same developer. Such fee will be determined by the city council and codified in Chapter 3.68 SMC, Rates and Fees.
B. The following types of development may be exempted from paying the concurrency determination fee:
1. Nonprofit agencies whose primary chartered purpose is to provide affordable housing and for low income housing as defined in the comprehensive plan (and in any studies adopted by the city), subject to compliance with and in furtherance of state statutes and city ordinances relating to affordable or low income housing;
2. Other governmental agencies or taxing districts;
3. Schools and colleges or institutes of higher education;
4. Public utility districts and fire districts;
5. Libraries; and
6. Senior activity centers. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.060)
20.10.110 Conflict with other ordinances and codes.
In cases of conflict between this chapter and any other existing or future ordinance or code, the most restrictive language in each case will apply. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.070)
20.10.120 Savings provision.
If any part of this chapter is held to be unconstitutional, it will be construed to have the legislative intent to pass the ordinance codified in this chapter without such unconstitutional part. The remainder of this chapter will be deemed and held to be valid as if the unconstitutional part had not been included. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.080)
20.10.130 Transportation impact fees.
Transportation impact fees will be assessed and collected as described in SMC Title 22. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.100)
20.10.140 Water.
Reserved. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.110)
20.10.150 Sewer.
Reserved. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.120)
20.10.160 Parks.
Reserved. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.130)
20.10.170 Stormwater.
Reserved. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.140)
20.10.180 Street maintenance.
Reserved. (Ord. 2023-025 § 2 (Exh. B); Ord. 2010-013 § 1 (Exh. 1). Formerly 20.10.150)