Chapter 14.15
SHORT SUBDIVISION—PROCEDURE
Sections:
14.15.010 Preliminary application for short subdivision—Requirements.
14.15.020 Criteria for approval.
14.15.030 Findings and conclusions.
14.15.040 Preliminary application—Administrator’s approval/disapproval—Time limitation.
14.15.050 Public notice of short plat application.
14.15.060 Final short plat—Time limitation.
14.15.070 Land survey requirements.
14.15.080 Final short plat contents.
14.15.100 Approval of short subdivision—Notice to parties of record.
14.15.110 Short plat decision—Appeals.
14.15.120 Appeal of administrative official’s decision.
14.15.130 Appeal of hearing examiner’s decision.
14.15.140 City council action on appeal of hearing examiner’s decision.
14.15.150 Appeal of city council’s decision.
14.15.160 Effect of appeals.
14.15.170 Actions not appealable.
14.15.180 Approval of short subdivision—Filing.
14.15.190 Resubdivision restricted.
14.15.200 Short plat amendment.
14.15.010 Preliminary application for short subdivision—Requirements.
A. An application for a short subdivision may be made by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the city office of environmental planning.
B. Each application for a short subdivision shall include the following, which shall be necessary for continued processing:
1. A written application on a form provided by the office of environmental planning and signed by the landowner or his/her authorized agent.
2. A legible and reproducible drawing at a scale of one inch equals one hundred feet or larger of the entire contiguous tract owned by the applicant, which shall show:
a. Name and address of owner(s) whose properties are shown on the map.
b. North arrow.
c. Date of preparation.
d. The name, location and width of all streets and alleys abutting the property.
e. Tract and lot identification, lot lines, and dimensions of each lot.
f. Approximate location of existing improvements, buildings and permanent structures.
g. Size and location of water, sewer, and utility easements proposed to serve the lots to be created and their point of connection with existing services.
h. If requested by the administrator, contour lines at two foot elevation intervals for slopes less than ten percent and five foot intervals for slopes more than ten percent. Elevations shall be based on city of Yakima datum if available.
3. A nonrefundable application fee according to the current fee schedule as adopted by city council. (Ord. 98-65 § 2 (part), 1998).
14.15.020 Criteria for approval.
The administrator shall approve the short subdivision and short plat if, and only after, he/she makes written findings and conclusions that:
A. The application complies with the general requirements for short subdivision approval as specified by this chapter.
B. The proposed short subdivision appropriately provides for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The administrator may determine that other considerations are appropriate to evaluate as criteria for approval.
C. The short subdivision and any associated dedication will serve the public interest. (Ord. 98-65 § 2 (part), 1998).
14.15.030 Findings and conclusions.
The administrator shall not approve a short plat and short subdivision unless he/she makes written findings that:
A. The application complies with all applicable laws and regulations.
B. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and such other considerations the administrator determines are appropriate.
C. The short subdivision and any associated dedication will serve the public interest. (Ord. 98-65 § 2 (part), 1998).
14.15.040 Preliminary application—Administrator’s approval/disapproval—Time limitation.
Upon receiving a short subdivision application, the administrator shall have twenty-eight days to determine if the application is complete. Within twenty-eight days of the preliminary application the administrator will determine if a complete application has been submitted. Only those preliminary applications deemed complete will be processed further. Incomplete preliminary applications will be returned to the applicant together with a notice of deficiencies. Following the determination that the application is complete, the administrator shall approve, disapprove, or return for modification all preliminary short subdivision applications within thirty days from the date of determination that a complete application has been received, unless the applicant consents to an extension of such time period. In reaching his/her conclusion to approve or disapprove short subdivisions, the administrator shall determine whether the requirements of this title have been satisfied and make a formal written finding of fact as to whether the short subdivision is consistent with the standards of the city of Yakima zoning ordinance and comprehensive plan. (Ord. 98-65 § 2 (part), 1998).
14.15.050 Public notice of short plat application.
Within ten calendar days after the short plat application is determined to be complete, notice of the short plat application shall be sent by first-class mail to all owners, as shown on the records of the Yakima County assessor, of land located within three hundred feet of either (1) the land proposed to be subdivided or (2) any land adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided. (Ord. 98-65 § 2 (part), 1998).
14.15.060 Final short plat—Time limitation.
Following preliminary short plat approval the applicant will have eighteen months in which to comply with the conditions of approval and submit the final short plat. This approval may be extended up to one additional year by action of the administrator. Requests for extension must be in writing to the planning department and must be received prior to the expiration date of initial approval. (Ord. 98-65 § 2 (part), 1998).
14.15.070 Land survey requirements.
A. A final short plat of land shall be prepared by or under the supervision of a registered land surveyor of the state of Washington as a result of a land survey.
B. All proposed short plats shall be referenced either from/to two monumented section or quarter section corners, or from/to two other suitable permanent control monuments.
C. Each lot corner established by a land survey shall be marked by a permanent survey monument. (Ord. 98-65 § 2 (part), 1998).
14.15.080 Final short plat contents.
A final short plat shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on mylar or equivalent and shall be eighteen inches by twenty-four inches in size. It shall show:
A. All lots or parcels, which include land, proposed to be divided.
B. The taxation parcel number or numbers assigned by the Yakima County assessor to land proposed to be divided.
C. The house address for each lot shown upon the short plat.
D. The names or recording numbers of any contiguous subdivisions or short subdivisions.
E. Lot corners and lines marking the division of the land into nine or fewer lots.
F. Location, size, purpose and nature of existing roads, streets, utilities, rights-of-way, and easements adjacent to, or across, the land proposed to be divided.
G. Location of any roads, rights-of-way, or easements proposed to serve the lots within the proposed short plat with a clear designation of their size, purpose and nature.
H. North arrow and scale.
I. The acknowledged signatures of all fee simple owners and other parties having interest in the lands being subdivided as enumerated in subsections (I)(1)(b) and (2)(b) of this section, as well as the acknowledged signatures of all owners of property over which access or utility easements pass unless such easements are previously or simultaneously recorded by separate instrument in the county auditor’s office, certifying the following:
1. In the case of a short subdivision not containing a dedication:
a. A full and correct legal description of the land proposed to be divided as it appears on the short plat.
b. A statement of free consent in substantially the following form, the reference to easements to be omitted where not applicable:
Know all persons by these presents that ____________ ________________________ are the fee simple owners of the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; and do hereby grant and reserve the easements as shown hereon for the uses indicated hereon.
______________________________________
(Name)
______________________________________
(Name)
2. In the case of a short subdivision containing a dedication:
a. A full and correct legal description of the land to be divided as it appears on the short plat;
b. A statement of free consent and waiver of claims for damages in substantially the following form:
DEDICATION AND WAIVER OF CLAIMS
Know all persons by these presents that _____________________________________ are the owners and all other parties having any interest in the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; do hereby dedicate those roads and/or rights-of-way shown as public dedications hereon to the use of the public; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Yakima and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way; and do hereby grant and reserve the easements as shown hereon for the uses indicated.
________________________________________________
(Name)
________________________________________________
(Name)
3. If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite said waiver;
J. A certificate by a registered land surveyor certifying to the accuracy of the survey and short plat in substantially the following form:
I, __________________________________________________________, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon.
______________________________________________________________
(Surveyor’s signature, seal and number)
K. County treasurer’s office certificate in substantially the following form:
I hereby certify that all chargeable regular and special assessments collectible by this office that are due and owing on the property described hereon on the date of this certification have been paid. Dated this ___________ day of _______________________________, 20________.
Yakima County Treasurer’s Office.
By:_______________________________________
L. If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:
The property described hereon is wholly or in part within the boundaries of the _________________________Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law.
M. Administrator’s signature block. (Ord. 98-65 § 2 (part), 1998).
14.15.100 Approval of short subdivision—Notice to parties of record.
The administrator shall, after determining that the requirements of this title have been met and that all the proper individuals have signed the short plat, notify all parties of record that the short plat is ready to be approved. An approved short plat shall not be filed within fourteen calendar days after the date of mailing of said notice. Any appeals of the administrator’s decision to approve must be filed within this fourteen day period. (Ord. 98-65 § 2 (part), 1998).
14.15.110 Short plat decision—Appeals.
All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the office of environmental planning. The planning administrator shall forward the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 98-65 § 2 (part), 1998).
14.15.120 Appeal of administrative official’s decision.
A. Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly affected by any decision of the planning administrator may appeal that decision to the hearing examiner.
B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the planning administrator. Appeals shall be filed with the office of environmental planning.
C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the office of environmental planning and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Yakima urban area comprehensive plan, Yakima urban area zoning ordinance, this title, or other provisions of law.
D. Notice. The office of environmental planning shall set a reasonable time and place for hearing of the appeal and shall notify all parties of record at least ten days prior to the hearing.
E. Transfer of Record. The planning administrator shall transmit to the hearing examiner true copies of all records pertaining to the proposed short subdivision decision being appealed, together with any additional written report as he/she may determine is pertinent.
F. Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless the subdivision applicant and the examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner’s decision to the appellant and parties of record not later than three working days following the issuance of the final decision. (Ord. 98-65 § 2 (part), 1998).
14.15.130 Appeal of hearing examiner’s decision.
A. Appeals. The hearing examiner’s decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner:
1. The appealing party must file a complete written notice of appeal with the office of environmental planning upon forms provided by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner’s final decision.
2. The notice of appeal shall specify the claimed error(s) and issue(s) which the city council is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the city council.
B. Appeal Procedures.
1. The office of environmental planning shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the office of environmental planning. The notice to parties of record shall also state that parties of record wishing to respond to the appeal may submit written argument or memoranda to the legislative body within fourteen days from the date the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only on the record before the hearing examiner. A copy of the notice shall be sent to the appellant.
2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the office of environmental planning. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen-day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The legislative body may grant further extensions for good cause shown on a finding by the legislative body of the existence of circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the record before the hearing examiner.
3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the office of environmental planning shall within five days deliver to the city council a copy of the examiner’s decision, the record developed before the examiner, an audio recording of the hearing before the hearing examiner and any written argument or memorandum of authority which have been received. (Ord. 98-65 § 2 (part), 1998).
14.15.140 City council action on appeal of hearing examiner’s decision.
A. General. When the record and the hearing examiner’s decision have been transmitted to the city council, the clerk of the city council shall schedule a date for a meeting of the city council at which time the city council shall consider the record upon which the hearing examiner’s decision was based and the written and oral arguments of the appellant and other parties of record regarding whether the hearing examiner’s decision was supported by substantial evidence. The date of the public meeting should not be later than twenty days following the date the city council receives the record from the office of environmental planning.
B. Public Notice Meeting on Appeals. The clerk of the city council shall, by first-class mail, notify all parties of record of the date of the closed record public hearing on the appeal.
C. Site Views. The city council may view the site.
D. Scope of Review. city council review of the facts shall be limited to the record before the hearing examiner. The city council may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to any new material provided.
E. Action on Appeal. At the closed record public hearing the city council may adopt, amend and adopt, reject, reverse, amend and reverse the hearing examiner’s findings, conclusions, and decision, or the city council may remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the city council renders a decision different from the decision of the hearing examiner, the city council shall adopt amended findings and conclusions accordingly. (Ord. 98-65 § 2 (part), 1998).
14.15.150 Appeal of city council’s decision.
The action of the city council on an appeal of the decision of the hearing examiner shall be final and conclusive unless within twenty-one days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide or pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the superior court. (Ord. 98-65 § 2 (part), 1998).
14.15.160 Effect of appeals.
No short subdivision may be recorded while an appeal to superior court is pending. (Ord. 98-65 § 2 (part), 1998).
14.15.170 Actions not appealable.
A. Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision-making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action.
C. Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Chapter 14.40 of this title. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any part in a court of law. (Ord. 98-65 § 2 (part), 1998).
14.15.180 Approval of short subdivision—Filing.
Each short plat approved by the administrator shall be filed for record in the office of the Yakima County auditor and shall not be deemed approved until so filed. The owner(s) of the land proposed to be subdivided shall be responsible for payment of all filing fees. (Ord. 98-65 § 2 (part), 1998).
14.15.190 Resubdivision restricted.
Pursuant to the provisions of RCW 58.17.060, land in an approved short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat under the provisions of Chapter 14.20 YMC, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 98-65 § 2 (part), 1998).
14.15.200 Short plat amendment.
An approved and recorded short plat may be amended or vacated in whole or in part in a manner not involving subdivision by recording an amended short plat in accordance with the following provisions:
A. The amended short plat must comply with procedures and requirements of this chapter for original short plat approval.
B. The title of the amended short plat shall be:
Short Plat No. ___________________.
Amending Short Plat No. __________.
C. The amended short plat shall show all of the land shown on the original short plat; shall show all deleted original lot lines as dashed lines; and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots within the original short plat as shown by a current title certificate.
D. The amended short plat shall not increase the number of lots included in the original short plat unless the original short plat created fewer than the maximum allowable number of lots. Where fewer than four lots were created an amended short plat may increase the number of lots up to a final total of four.
E. Minor errors not involving any change in lot lines may be corrected by the surveyor upon approval of the administrator by recording an affidavit with the Yakima County auditor which specifically references the affected short plat by number and sets forth the correction. (Ord. 98-65 § 2 (part), 1998).