Chapter 14.18
Short Subdivision
Sections:
14.18.040 Changes to Proposed or Approved Short Plats
14.18.050 Short Subdivision Review
14.18.060 Preliminary Plat Format and Content Requirements
14.18.070 Final Short Plat Format and Content Requirements
14.18.080 Time Limits on Preliminary Approval
14.18.090 Unit Lot Subdivision Standards
14.18.010 Purpose
This chapter establishes specific review procedures and approval criteria for the short subdivision of land or unit lot subdivision into nine (9) or fewer lots, tracts, parcels, or sites. This chapter shall at a minimum implement the requirements of State law. (Ord. 24-1022 § 5 (Exh. C); Ord. 18-1008 § 1; Ord. 15-1012 § 6; Ord. 09-1012 § 1 (Exh. A))
14.18.020 General Limitations
The following general limitations shall apply to all short subdivision applications:
A. Only a separate lot, as defined by SMC 14.16.126, or a combination of two (2) or more contiguous separate lots may be short subdivided;
B. A maximum of nine (9) lots, tracts, parcels, or sites may be created by any single application;
C. Except as provided in SMC 14.15.020(C), if the lot to be subdivided was created through a prior short subdivision, at least five (5) years must have passed since the recording of such prior short subdivision, except that when the short plat contains fewer than nine (9) lots, tracts, parcels, or sites, a short plat alteration may be requested to create additional lots, tracts, parcels, or sites, up to a maximum of nine (9) within the original short plat boundaries. A short plat alteration shall contain the same information as required in a short plat application. (Ord. 21-1008 § 3; Ord. 18-1008 § 1; Ord. 15-1012 § 7; Ord. 09-1012 § 1 (Exh. A))
14.18.030 Material Errors
Applications found to contain and be based upon significant material errors shall be deemed incomplete and subsequent resubmittals shall be treated as new applications, as determined by the Director. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))
14.18.040 Changes to Proposed or Approved Short Plats
A. Applicant generated modifications or requests for revision(s) to short subdivisions which are not made in response to staff review or public appeal which result in substantial changes as determined by the Director, or designee, including but not limited to the creation of additional lots, shall be treated as new applications for the purpose of vesting.
B. Proposals to amend an approved final short plat shall be treated as an alteration pursuant to the provisions of this chapter and Chapter 14.25 SMC regarding alterations. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))
14.18.050 Short Subdivision Review
A. Short subdivisions shall be subject to administrative review with notice, as established within SMC Title 16A and hereafter amended.
B. Upon receipt of a complete application, staff will conduct a review of the proposed short subdivision pursuant to the provisions of SMC Title 16A and shall issue a notice of decision (NOD) within ninety (90) days on the preliminary short subdivision. The notice of decision shall have one (1) of the following effects:
1. Approve the preliminary short subdivision without conditions; or
2. Approve the preliminary short subdivision with conditions; or
3. Deny the preliminary short subdivision.
C. The notice of decision (NOD) shall cite findings of fact regarding the proposed subdivision’s compliance with all State and City statutes, regulations, or other standards. The notice shall directly relate these findings to any conditions of approval or reasons for denial. (Ord. 18-1008 § 1; Ord. 15-1012 § 8; Ord. 09-1012 § 1 (Exh. A))
14.18.060 Preliminary Plat Format and Content Requirements
A. The preliminary short plat shall serve as the primary reference by which the City evaluates any proposal for short subdivision, and as the basis for any subsequent conditions for approval.
B. The preliminary short plat shall be prepared by a professional land surveyor and drawn to specifications as established by the Director. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))
14.18.070 Final Short Plat Format and Content Requirements
A. The final plat shall serve as the primary legal record of any approved short subdivision. City staff shall conduct conclusive review of all final plats to assure compliance with all state statutes and city ordinances, regulations and other standards, and with all conditions established through the preliminary review process. The final plat shall be substantially in the form established by the Director.
B. Final plats shall be approved, disapproved, or returned to the applicant within thirty (30) days from the date of filing thereof, unless the applicant consents to an extension of such time period. (Ord. 18-1008 § 1; Ord. 16-1022 § 1 (Exh. B); Ord. 11-1002 § 2; Ord. 09-1012 § 1 (Exh. A))
14.18.080 Time Limits on Preliminary Approval
A. Once granted preliminary approval for any short subdivision, the applicant shall have three (3) years in which to file a final short plat with the City. Where any conditions for approval are not satisfied, required improvements not constructed or financial surety provided, or the final short plat is not filed within those three (3) years, the preliminary approval shall be null and void.
B. Where all required improvements have been constructed or financial surety provided, all conditions satisfied, and all required documents have been submitted within the three (3) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final short plat. Applicants shall have a maximum of thirty (30) days to comply with any additional requests for information that the City may make during the extension period. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))
14.18.090 Unit Lot Subdivision Standards
A lot may be divided into separately owned unit lots and common areas, provided the following standards are met:
A. Process. Unit lot subdivisions shall follow the application, review, and approval procedures for a short subdivision.
B. Applicability. A lot to be developed with middle housing, detached accessory dwelling unit, or multiple detached single-family residences, in which no dwelling units are stacked on another dwelling unit or other use, may be subdivided into individual unit lots as provided herein.
C. Development as a whole on the parent lot, rather than individual unit lots, shall comply with applicable unit density and dimensional standards.
D. Subsequent platting actions and additions or modifications to structure(s) may not create or increase any nonconformity of the parent lot.
E. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the County Auditor.
F. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit for which the parking serves, as long as the right to use the parking is included in notes on the face of the short plat or formalized by an easement recorded with the County Auditor.
G. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots.
H. Notes shall be placed on the face of the short plat as recorded with the County Auditor to state the following:
1. The title of the plat shall include the phrase “Unit Lot Subdivision.”
2. Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot.
I. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings. All development shall be subject to any conditions imposed by the city on the preliminary approval.
J. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures for a short subdivision. (Ord. 24-1022 § 5 (Exh. C))