Carnation City Zoning Code

CHAPTER 15

16 - SUBDIVISION

Part V. - Binding Site Plan[3]

Footnotes:

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Editor's note— Ord. No. 909, § 3(Exh. B), adopted Oct. 16, 2018, renumbered Parts IV—VII as Parts V—VIII.

Part VI.- Residential Condominium Binding Site Plan[4]

Footnotes:

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Editor's note— See the editor's note for Part V.

Part VII.- Site Improvements and Security Mechanisms[5]

Footnotes:

--- (5) ---

Editor's note— See the editor's note for Part V.

Part VIII.- Model Homes[6]

Footnotes:

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Editor's note— See the editor's note for Part V.

15.16.010 - Purpose.

The purpose of Part I of this chapter is to regulate the division of land into four or fewer lots in accordance with applicable Washington State and city laws, rules, and regulations; to provide the public with clear administrative procedures for the short subdivision of land; to assure the orderly conveyance of land; and to protect the health, safety and welfare of the general public.

To the extent possible, subdivision design should:

Reduce the visual dominance of the automobile;

Promote pedestrian activity;

Create variety and interest in the appearance of residential streets;

Provide community open space;

Protect significant features of the natural environment; and

Protect water quality and control impacts from surface water.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.020 - Applicability.

This chapter applies to each application for a subdivision of land into two to four lots, except as provided in RCW 58.17.040.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.030 - Administration.

The city planner is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.040 - General limitations.

The following general limitations shall apply to all short subdivision applications:

Only a separate lot, as defined in Chapter 15.08 CMC, or a combination of two or more contiguous separate lots, may be short subdivided;

A maximum of four lots may be created by any single application;

A maximum of eight lots may be created from two or more contiguous parcels with any common ownership interest; and

Except as provided in this chapter, if the lot to be subdivided was created through a prior short subdivision, at least five years must have passed since the recording of such prior short subdivision and shall be consistent with RCW 58.17.060.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.050 - Subdivision design for short plats.

Residential short plats are encouraged to incorporate the following design goals in order to promote livable neighborhoods that are integrated into existing development.

New residential short plats should be designed to integrate with the surrounding neighborhood. Wherever possible, new subdivisions should be designed so that individual separately designed projects work together to create distinct neighborhoods rather than disjointed or isolated enclaves.

Short plats adjacent to planned or existing parks or other public open spaces should maximize visibility and pedestrian access to these areas.

Wherever feasible, new public streets and sidewalks should be aligned with and connected to those of adjacent developments, in accordance with this chapter and Chapter 15.56 CMC Streets and Sidewalks.

Wherever feasible, short plats design should provide for pedestrian connectivity with adjacent neighborhoods, nearby schools and parks, and to transit within one-fourth mile of the proposed subdivision. Any required streets and sidewalks should be designed to provide safe and pleasant conditions for pedestrians, the disabled, and cyclists.

To the extent possible, developments should be configured to face streets and not back up to them. Where short plats must back up to existing streets or arterials and a fence is provided, a minimum ten-foot landscape buffer shall be required to screen any tall fences. Landscaping shall follow the requirements of Chapter 15.76 CMC Screening, Landscaping and Trees.

Single loaded streets (i.e., those with residential development on one side and open space on the other) should be used to provide public access and visibility of natural open spaces, public parks, or schools, as well as buffering homes from parks and schools. Where single-loaded streets are both feasible or desirable, other methods that provide similar access and visibility may be used, including private streets, bike and pedestrian paths, or the placement of private common open space or recreation facilities adjacent to the public open space.

The use of culs-de-sac should be avoided wherever possible. If culs-de-sac are necessary, pedestrian access and/or bikeway should be provided between private parcels to connect with an adjacent cul-de-sac, street, park or open space, if applicable.

Alleys may be provided for garage access. Otherwise, individual lots are encouraged to be wide enough to accommodate garages at the side or rear of the lot, to minimize the appearance of street frontage that is dominated by garages and pavement.

Perimeter buffers, fences and landscaping may be required when these features mitigate the adverse impacts of new subdivisions on adjoining uses that are lower in density.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.060 - Lot averaging.

Under this procedure, lot sizes may be reduced in area below the minimum lot size for a standard subdivision of the zoning district specified in CMC Chapter 15.48 Table I provided that the average lot size of the lots created in the subdivision is not below the minimum lot size of the zoning district. In no cases shall the lots be smaller than those specified as the minimum lot size for cluster subdivision in Table I.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.070 - Cluster subdivision.

Purpose. The purpose of this section is to provide for variation in lot sizes in residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements is maintained on an overall basis while desirable open space, tree cover, recreation areas or scenic vistas are preserved.

Number of Reduced-Size Lots. The developer of a short plat may vary the lot sizes within the short plat by use of the procedures contained in this section. The maximum number of lots that may be created under this procedure shall be computed by subtracting thirty percent of the total area being subdivided, exclusive of existing easements and other undevelopable land including critical areas and their buffers, for public right- of-way and for land reserved for parks, playgrounds, school sites and for other open space; and dividing the remaining land by the minimum lot area requirement of the districts in which the subdivision is to be located. This method shall apply regardless of the amount of land actually required for street right-of-way. Land taken by utilities for easements for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under this procedure.

Minimum Lot Width. Under this procedure, no lot in a residential district shall contain a minimum lot width less than the applicable lot width required by CMC Chapter 15.48 Table I.

Common Open Space. The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the city manager or his/her designee before the provisions of this section shall apply. A private recreational use, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses or sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation. Land which is specifically required to be reserved for public parks, potential school sites, critical areas or their buffers, etc., as called for in this title, shall not qualify as common land.

Maintenance of Common Land. The maintenance of common land for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approved by the city attorney and shall be filed with the county auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions in perpetuity.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.080 - Complete application.

A proposed short subdivision application shall be considered under the zoning and other land use control ordinances in effect at the time a fully complete application, pursuant to RCW 58.17.033, is filed with the city.

Applications shall be on forms prescribed by the city planner and shall include such information as deemed necessary to establish compliance with this section.

Applications for a short subdivision shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; CMC Title 12, Streets, Sidewalks and Public Places; CMC Title 13, Public Services; Chapter 14.04 CMC, Environmental Policy Act; CMC Title 15 Land Use; the city of Carnation comprehensive plan; utility comprehensive plans, the civil engineering standards for water, sewer and streets, and administrative rules adopted to implement any such code or ordinance provisions.

The proposed preliminary plat shall be prepared by a professional land surveyor licensed in the state of Washington. All engineered plans and site plans providing engineered features shall be prepared by a Washington licensed civil engineer. The proposed preliminary plat shall be at a scale of one foot equals fifty feet, one foot equals sixty feet or one foot equals one hundred feet, or other scale determined by the city planner, and shall include:

The location, layout and size of all proposed lots;

Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include postconstruction treatment of unoccupied areas of the building envelopes);

The identification and description of the properties involved in the site plan;

The legal description of the lot to be subdivided;

The name and address of the developer;

The name, address and seal of the Washington licensed professional land surveyor and the project's Washington licensed civil engineer;

The scale, datum and northpoint;

The building setback lines for each lot;

All proposed and existing uses, zoning and property boundaries within one hundred feet of any boundary of the site;

10.

The location and identification of critical areas within five hundred feet of any boundary of the site;

11.

The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site;

12.

The location and size of utility trunks serving the site;

13.

The location and size of water bodies and drainage features, both natural and manmade, within five hundred feet of any boundary of the site;

14.

Stormwater management plans as required by the adopted DOE Stormwater Management Manual in accordance with CMC Section 15.64.230;

15.

The location of any significant trees or significant stands of trees as defined by Chapter 15.08 CMC;

16.

A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested;

17.

A layout of streets, their names and widths of easements. The names of the streets shall conform to the name of the corresponding streets and to the general system of naming used by the city of Carnation;

18.

A complete environmental checklist, if the subdivision is not exempt from SEPA per CMC Chapter 14.04;

19.

Certificates of sewer and water availability;

20.

Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;

21.

A list of all property owners within three hundred feet of any boundary of the site;

22.

A copy of the most current assessor's map obtained from King County department of assessments;

23.

Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation;

24.

Lists of any other development permits or permit applications having been filed for the site;

25.

Payment of any application fees and development deposits imposed by the city.

The city planner may waive specific submittal requirements determined to be unnecessary for assessing compliance with permit criteria.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.090 - Additional requirements.

The city planner may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if it is determined that such information is necessary for the accurate review of such applications. The city planner may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of any development review deposit. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review.

(Ord. 747 (Exh. A) (part), 2008)

15.16.100 - Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications.

(Ord. 747 (Exh. A) (part), 2008)

15.16.110 - Requirements for noticing.

In addition to the notice mailing requirements of CMC Section 15.09.140(E)(1), notice shall also be mailed to King County if the proposed subdivision is adjacent to or within one mile of the municipal boundary, and notice shall be mailed to the Washington State Department of Transportation if the proposed subdivision is located adjacent to the right-of-way of SR203.

(Ord. 747 (Exh. A) (part), 2008)

15.16.120 - Preliminary decision.

A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 15.09 CMC the city planner's decisions shall include any conditions to ensure consistency with the city's development regulations based on the following but not limited to:

Conformance with adopted city, county and state rules and regulations in effect on the date the complete application was received.

A finding that the preliminary short subdivision makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

A finding that proposed preliminary short subdivision complies with all applicable provisions of this title and other adopted regulations and administrative rules.

(Ord. 747 (Exh. A) (part), 2008)

15.16.130 - Appeals.

The city planner's decision regarding short subdivisions may be appealed by any aggrieved person with legal standing pursuant to CMC Chapter 15.11, Appeals.

(Ord. 747 (Exh. A) (part), 2008)

15.16.140 - Preliminary short subdivision time limitation.

The city planner's decision shall become final and effective ten calendar days after the decision has been mailed, or upon completion of appeals filed pursuant to Chapter 15.11 CMC.

Short subdivision preliminary approvals shall be valid for thirty-six months. If any condition is not satisfied and the final short plat is not recorded within the approval period the short subdivision approval shall be null and void. If all conditions have been satisfied and all required documents have been submitted within the approval period, the department may grant a single extension of up to ninety days to obtain additional information or for the processing and recording of final short plat documents. Applicants will have a maximum of thirty days to comply with requests for additional information made within the extension period.

All construction and site development activities related to the short subdivision are prohibited until the preliminary decision becomes effective or until authorized by any plan approval required as a condition of preliminary short subdivision approval.

(Ord. 747 (Exh. A) (part), 2008)

15.16.150 - Final short plat to conform to preliminary short plat.

After the approval of the preliminary short plat the developer is in the position to go ahead with the improvements with the assurance that the final plat will be approved pursuant to the requirements in Chapter 15.09 CMC.

The department may approve minor changes or revisions as are deemed necessary to the interests and needs of the public, consistent with the adopted policies and standards of the city.

Subsequent approval of the engineering details of the proposed streets, storm drainage, sanitary sewer and water systems, and other proposed public facilities by the public works director and city engineer shall be required prior to approval of the final plat.

(Ord. 747 (Exh. A) (part), 2008)

15.16.160 - Final short plat submittal requirements.

All short subdivisions shall meet the following provisions prior to recording:

All final short subdivisions shall be surveyed and the final recording forms shall be prepared by a licensed land surveyor.

Surveys shall include those items prescribed by RCW 58.09.060, Records of Survey, Contents—Record of Corner, Information.

Plat certificates or owner's duplicate certificates for land registered pursuant to Chapter 65.12 RCW, Registration of Land Titles, shall be obtained and provided by the owners of any approved short subdivision.

A supplemental plat certificate shall be provided if the final short plat is not recorded within thirty days of the original certificate or supplemental certificate date.

All required improvements must be constructed, installed and approved, or adequate security given for the proper construction and installation of the improvements as specified for site improvements in this title.

Final plat recording forms shall include the following signatures, approvals, or information in the format prescribed by the director:

Name of the subdivision;

Location by section, township and range, or by other legal description;

The name and seal of the professional land surveyor licensed in the State of Washington;

Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearing can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved;

Boundary of plat based on an accurate traverse, with angular and lineal dimension;

Exact location, width, and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the city. Proposed street names shall be checked with the proper officials;

True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat;

Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses;

Radii, internal angles, points of curvature, tangent bearings and lengths of all areas;

10.

All easements for rights-of-way provided for public service or utilities;

11.

Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose;

12.

Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and twenty-four inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at a location to complete a continuous line of sight and at such other locations as required by the city engineer;

13.

All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark;

14.

Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and any areas to be reserved by deed covenant for common uses of all property owners;

15.

Building setback lines accurately shown with dimensions;

16.

Notarized signatures of all persons having an ownership or security interest in the land being subdivided;

17.

Approval of the city engineer;

18.

Approval of the public works director;

19.

Approval of the city planner;

20.

Approval of the city manager

21.

One mylar of the final plat;

22.

One electronic copy of the final plat as approved, shall be submitted to the public works director in a format specified by the director;

23.

Payment of any application fees and deposits imposed by the city. (Ord. 747 (Exh. A) (part), 2008)

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 833, § 3, 7-2-2013; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.170 - Recording.

The city engineer, public works director and city planner shall examine and sign the final short plat if it and the short subdivision it represents conform to all conditions of preliminary and final approval. Short plats shall be forwarded by the applicant to the King County department of assessments and recorded with the King County department of records and elections. Upon recording, the final plat shall permit the division of land within the site and constitute acceptance of any dedication shown on the plat.

(Ord. 747 (Exh. A) (part), 2008)

15.16.180 - Changes to proposed or approved short plats.

The applicant shall meet the requirements of this chapter for alteration or vacation of a subdivision.

(Ord. 747 (Exh. A) (part), 2008)

15.16.190 - Purpose.

The purpose of Part II of this chapter is to create a permit process for dividing residential property into five or more lots, as authorized by Chapter 58.17 RCW in accordance with Washington State law and city laws, rules and regulations; to provide the public with a clear procedure for the subdivision of land; to assure the orderly conveyance of land; and to protect the health, safety, and welfare of the general public.

To the extent possible, subdivision design should:

Reduce the visual dominance of the automobile;

Promote pedestrian activity;

Create variety and interest in the appearance of residential streets;

Provide community open space;

Protect significant features of the natural environment; and

Protect water quality and control impacts from surface water.

(Ord. 747 (Exh. A) (part), 2008)

15.16.200 - Applicability.

This chapter applies to each application for the division of land into five or more lots, except as provided in RCW 58.17.040.

(Ord. 747 (Exh. A) (part), 2008)

15.16.210 - Administration.

The city planner is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter.

(Ord. 747 (Exh. A) (part), 2008)

15.16.220 - Subdivision design.

New residential subdivisions are encouraged to incorporate the following design goals in order to promote livable neighborhoods that are integrated into existing development:

New residential projects should be designed to integrate with the surrounding neighborhood. Wherever possible, new subdivisions should be designed so that individual separately designed projects work together to create distinct neighborhoods rather than disjointed or isolated enclaves.

New subdivisions adjacent to planned or existing parks or other public open spaces should maximize visibility and pedestrian access to these areas.

Subdivision design should provide for pedestrian connectivity within each project as well as to adjacent neighborhoods, nearby schools and parks, and to transit. All streets and sidewalks should be designed to provide safe and pleasant conditions for pedestrians, the disabled and cyclists.

The length of block faces between intersecting streets should be as short as possible, ideally not more than four hundred feet, to enhance pedestrian connectivity.

To the extent possible, developments should be configured to face streets and not back up to them. Where subdivisions must back up to existing streets or arterials and a fence is provided, a minimum ten-foot landscape buffer shall be required to screen any tall fences. Landscaping shall follow the requirements of Chapter 15.76 CMC Screening, Landscaping and Trees.

Where a new subdivision adjoins an existing subdivision or neighborhood, perimeter buffers, fences and landscaping shall be required when these features serve to mitigate any adverse impacts of the new subdivisions on adjoining neighborhoods.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.230 - Lot averaging.

Under this procedure, lot sizes may be reduced in area below the minimum lot size for a standard subdivision of the zoning district as specified in CMC Chapter 15.48 Table I provided that the average lot size of the lots created in the subdivision is not below the standard minimum lot size of the zoning district. In no cases shall the lots be smaller than those specified as the minimum lot size for cluster subdivision in Table I.

(Ord. 747 (Exh. A) (part), 2008)

15.16.240 - Cluster subdivision.

Number of Reduced-Size Lots. The developer of a subdivision may vary the lot sizes within the subdivision by use of the procedures contained in this section. The maximum number of lots that may be created under this procedure shall be computed by subtracting thirty percent of the total area being subdivided, exclusive of existing easements and other undevelopable land including critical areas and their buffers, for public right-of-way and for land reserved for parks, playgrounds, school sites and for other open space; and dividing the remaining land by the minimum lot area requirement of the districts in which the subdivision is to be located. This method shall apply regardless of the amount of land actually required for street right-of-way. Land taken by utilities for easements for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under this procedure.

Standard for Area Reduction. Under this procedure, lots may be reduced in area below the standard minimum lot size required in the district in which the subdivision is located; provided, that the average lot size of the lots created in the subdivision is not below the standard minimum lot size required in the district. In subdivisions containing twelve or more lots, common land for open space or recreational use may be set aside for use by the owners of residential lots and such common land may be included in determining the average lot size of the lots created in the subdivision.

Minimum Lot Width. Under this procedure, no lot in a residential district shall contain a minimum lot width less than the applicable lot width required by CMC Chapter 15.48 Table I.

(Ord. 747 (Exh. A) (part), 2008)

15.16.250 - Complete application.

A proposed subdivision application shall be considered under the subdivision, zoning and other land use control ordinances in effect on the land at the time a fully complete application for a subdivision has been submitted to the city, pursuant to RCW 58.17.033.

Applications shall be on forms prescribed by the city planner and shall include such information as deemed necessary to establish compliance with this section.

Applications for a subdivision shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; CMC Title 12, Streets, Sidewalks and Public Places; CMC Title 13, Public Services; Chapter 14.04 CMC, Environmental Policy Act; CMC Title 15 Land Use, the civil engineering standards for water, sewer and streets, and administrative rules adopted to implement any such code or ordinance provisions.

The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall be at a scale of one foot equals fifty feet, one foot equals sixty feet or one foot equals one hundred feet, or other scale determined by the city planner, and shall include:

The location, layout and size of all proposed lots;

The identification and description of the properties involved in the site plan;

The legal description of the lot or lots to be subdivided;

The name and address of the developer;

The name, address and seal of the project's Washington licensed engineer and the professional land surveyor licensed in the State of Washington;

The scale, datum and northpoint;

The building setback lines for each lot;

All proposed and existing uses, zoning and property boundaries within one hundred feet of any boundary of the site;

10.

The location and identification of critical areas within five hundred feet of any boundary of the site;

11.

The location, widths and names of all existing or prior platted streets, public ways, utility rights- of-way, parks and other recreation spaces within or adjacent to the site;

12.

The location and size of utility trunks serving the site;

13.

The location and size of water bodies and drainage features, both natural and manmade, within five hundred feet of any boundary of the site;

14.

Stormwater management plans as required by the adopted DOE Stormwater Management Manual in accordance with CMC Section 15.64.230;

15.

The location of any significant trees or significant stands of trees as defined by Chapter 15.08 CMC;

16.

A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested;

17.

18.

A complete environmental checklist;

19.

Certificates of water and sewer availability;

20.

Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;

21.

A list of all property owners within three hundred feet of any boundary of the site;

22.

A copy of the most current assessor's map obtained from the King County department of assessments;

23.

24.

Lists of any other development permits or permit applications having been filed for the site;

25.

Payment of any application fees and development deposits imposed by the city.

The city planner may waive specific submittal requirements determined to be unnecessary for assessing compliance with permit criteria.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 845, § 4, 8-19-2014; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.260 - Additional requirements.

(Ord. 747 (Exh. A) (part), 2008)

15.16.270 - Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent submittal shall be treated as new applications.

(Ord. 747 (Exh. A) (part), 2008)

15.16.280 - Requirements for noticing.

(Ord. 747 (Exh. A) (part), 2008)

15.16.290 - Requirements for public hearings.

Public hearings shall be conducted pursuant to the procedures established in Chapter 15.10 CMC.

(Ord. 747 (Exh. A) (part), 2008)

15.16.295 - Preliminary plat application—Staff review.

The city planner shall evaluate the proposal in relation to the requirements for a complete application found in Section 15.16.250 CMC, existing level-of-service, capacity of infrastructure, community facilities, and all applicable criteria for preliminary plat approval under this title and Chapter 58.17 RCW. This evaluation shall be summarized in a determination of consistency which shall be a part of the staff report.

Staff review shall consider the environmental impacts of the project, and whether these impacts will be mitigated by the city's applicable development regulations.

(Ord. No. 845, § 5, 8-19-2014)

15.16.300 - Hearing examiner review.

A written report shall be prepared in each case. The record may be in the form of a staff report or written document and shall indicate staff recommendation whether the preliminary plat applicant shall be approved, approved with conditions or denied.

The hearing examiner shall review the preliminary plat and staff recommendation, and shall consider adoption or rejection of the recommendation to ensure conformance with the general purpose of the provisions of this title, Title 12, Streets, Sidewalks and Public Places, and other adopted administrative rules and regulations. The hearing examiner's decision shall include findings of facts and conclusions to support the decision.

(Ord. 747 (Exh. A) (part), 2008)

15.16.310 - Preliminary plat approval.

Hearing examiner approval of the preliminary plat shall establish the basis upon which the applicant may proceed with development of the subdivision and preparation of the final plat subject only to all the conditions of preliminary approval imposed on the preliminary plat.

(Ord. 747 (Exh. A) (part), 2008)

15.16.320 - Appeals.

The hearing examiner's decision regarding preliminary plat for subdivision may be appealed by any aggrieved person with legal standing pursuant to Chapter 15.11 CMC.

(Ord. 747 (Exh. A) (part), 2008)

15.16.330 - Preliminary plat time limitation.

A preliminary plat shall be valid for the period(s) specified by Chapter 58.17 RCW, including any future amendments thereto. If any condition is not satisfied and the final plat is not recorded within the approval period, the preliminary plat shall be null and void. If all conditions have been satisfied and all required documents have been submitted within the approval period, the department may grant a single extension of up to ninety days to obtain additional information for the processing and recording of the final plat documents.

If the final plat is being developed in phases and the final plats for all the phases have not been recorded within the time limits provided in this section, preliminary plat approval for unrecorded phases shall become void. A preliminary plat for any unrecorded divisions must again be submitted to the city with a new application.

In granting administrative extensions authorized pursuant to subsection A of this section, the city may administratively impose additional conditions for final approval, consistent with current city-adopted ordinances and standards.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 861, § 2, 8-4-2015)

15.16.340 - Final plat to conform to preliminary plat.

Following preliminary plat approval, the developer is in position to go ahead with the improvement with the assurance that the final plat will be approved pursuant to the requirements in Chapter 15.09 CMC.

The department may approve minor changes or revisions as are deemed necessary to the interest and needs of the public, consistent with the adopted policies and standards of the city.

Subsequent approval of the "As-builts" providing engineering details of the proposed streets, storm drainage, sanitary sewer and water systems, and other proposed public facilities by the department and city engineer shall be required prior to approval of the final plat.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.350 - Final plat approval.

All subdivisions shall meet the following provisions prior to recording:

All final subdivisions shall be surveyed and the final recording forms shall be prepared by a Washington licensed professional land surveyor;

Surveys shall include those items prescribed by RCW 58.09.060, Records of Survey, Contents—Record of Corner, Information;

A supplemental plat certificate shall be provided if the final short plat is not recorded within thirty days of the original certificate or supplemental certificate date;

Final plat recording forms shall include the following signatures, approvals, or information in the format prescribed by the director:

Name of the subdivision;

Location by section, township and range, or by other legal description;

The name and seal of the licensed professional land surveyor;

Boundary of plat based on an accurate traverse, with angular and lineal dimension;

True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat;

Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses;

Radii, internal angles, points of curvature, tangent bearings and lengths of all areas;

10.

All easements for rights-of-way provided for public service or utilities;

11.

Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose;

12.

13.

All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark;

14.

15.

Building setback lines accurately shown with dimensions;

16.

Notarized signatures of all persons having an ownership or security interest in the land being subdivided;

17.

Approval of the city engineer;

18.

Approval by the public works director;

19.

Approval of the city planner;

20.

Approval of the city manager;

21.

Approval of the mayor;

22.

One mylar copy of the final plat as approved;

23.

One electronic copy of the final plat as approved shall be submitted to the public works director of the department in a format specified by the director;

24.

Payment of any application fees and deposits imposed by the city. (Ord. 747 (Exh. A) (part), 2008)

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 833, § 4, 7-2-2013; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.360 - Recording.

After the final plat is approved by the city council and signed by the mayor and city clerk, the plat is forwarded by the applicant to the department of assessments for signatures and recorded with the King County department of records and elections. Upon recording, the final plat shall permit the division of the land within the site and constitute acceptance of any dedications shown on the plat.

(Ord. 747 (Exh. A) (part), 2008)

15.16.370 - Changes to proposed or approved plats.

The applicant shall meet the requirements of this chapter for alteration or vacation of a subdivision.

(Ord. 747 (Exh. A) (part), 2008)

15.16.380 - Purpose.

The purpose of Part III of this chapter is to provide specific procedures for the alteration or vacation of recorded subdivisions, or any portions thereof, in accordance with the provisions of RCW 58.17.212.

(Ord. 747 (Exh. A) (part), 2008)

15.16.390 - Applicability.

This chapter applies to the alteration and vacation of a recorded subdivision as defined in this title.

(Ord. 747 (Exh. A) (part), 2008)

15.16.400 - General limitations.

Within five years of the recording date, any recorded short plat may be altered provided no more than a total of four lots result within the boundaries of the original short plat. After five years from the recording date, the short plat may be altered or the land may be subdivided further in accordance with this chapter. An alteration within five years of the original short plat may include adjacent separate lots provided no more than four lots result within the boundaries of the original short plat together with such additional property.

(Ord. 747 (Exh. A) (part), 2008)

15.16.410 - Application requirements.

Any person may submit a subdivision or short subdivision alteration or vacation application consistent with the applicable provisions of Chapter 15.09 CMC to the division provided:

Alteration applications shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, or divisions in the subject subdivision to be altered or any portion to be altered. Vacation applications shall contain the signatures of all parties having an ownership interest in the portion of the subdivision subject to vacation.

Any features contained on the original plat which is relied upon in subsequent land development of city planning decisions shall be incorporated on the plat alteration.

Lot lines of lots which are nonconforming only by reason of insufficient square footage may be altered without regard to current square footage requirements as long as they are not made more nonconforming and as long as no additional lots are created, and the proposed lots are consistent with other dimensional requirements of the zoning in effect at the time of the original short plat approval. Any newly created additional lots must meet current zoning requirements and regulations regarding minimum lot size.

If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration or vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration or vacation of the subdivision or portion thereof.

Any subdivision alteration which deletes all interior boundaries shall constitute a vacation of the original plat, effective at the time the altered plat is recorded.

Any subdivision alteration or vacations which involve dedications shall be processed in the manner provided by law for alteration or vacation of subdivisions.

Applications for vacations of city roads may be processed pursuant to this chapter only when such road vacations are proposed in conjunction with the vacation of the plat together with the roads. Vacations limited to city roads only shall be processed pursuant to Section 15.56.240 CMC. Regardless of the process used, vacations of roads may not be made that are prohibited under RCW 36.87.130.

(Ord. 747 (Exh. A) (part), 2008)

15.16.430 - Requirements for public hearings.

Public hearings shall be conducted pursuant to the procedures established in Chapter 15.10 CMC.

(Ord. 747 (Exh. A) (part), 2008)

15.16.440 - Findings and recommendations.

The city planner shall approve, approve with conditions or deny a proposed short subdivision alteration or amendment pursuant to the requirements set forth in this chapter.

The hearing examiner shall determine if the proposed subdivision alteration or vacation is consistent with the required findings pursuant to this chapter. If the proposal is found to serve such purposes, the examiner shall make findings and take actions as set forth for subdivisions and shall deny or approve the alteration or vacation accordingly.

(Ord. 747 (Exh. A) (part), 2008)

15.16.450 - Approved alterations and vacations.

After approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, to be processed in the same manner as set forth for final plats in this chapter. All persons with an ownership or security interest in property to be altered must sign the altered plat.

Altered plats shall only alter or supersede the original plat in the specific ways approved by the city planner or city council.

(Ord. 747 (Exh. A) (part), 2008)

15.16.460 - Changes to proposed or approved short plats.

Applicant-generated modifications or requests for revision(s) which are not made in response to staff review or public appeal which result in substantial changes as determined by the department that may include creation of additional lots or elimination of recreation space requirements shall be treated as new applications for purposes of vesting.

Applicant-generated proposals to create additional lots, eliminate recreation space or change conditions of approval on an approved preliminary short plat shall also be treated as a new application for purposes of vesting.

Proposals to amend an approved final short plat shall be treated as an alteration pursuant to the provisions of this chapter regarding alterations.

(Ord. 747 (Exh. A) (part), 2008)

15.16.461 - Purpose.

The purpose of these provisions is to allow an alternative method of subdividing individual cottages, duplex, and townhouse units on a parent site, while applying only those density and dimensional standards to the parent site as a whole, rather than to individual unit lots resulting from the subdivision.

(Ord. No. 909, § 3(Exh. B), 10-16-2018)

15.16.463 - Applicability.

The types of existing development that may use the unit lot subdivision process include duplexes, cottage housing developments, townhouse developments, or combinations thereof.

(Ord. No. 909, § 3(Exh. B), 10-16-2018)

15.16.465 - Application procedure.

Unit lot subdivisions of four or fewer lots shall be processed as short plats and all others shall be processed as formal subdivisions according to the associated permit types in CMC Chapter 15.09. Concurrently with an application for a unit lot subdivision, the applicant shall submit for city approval a development plan demonstrating compliance with the applicable requirements of this part. The development plan shall be processed using the same procedures applicable to the unit lot subdivision.

(Ord. No. 909, § 3(Exh. B), 10-16-2018)

15.16.467 - General regulations.

A unit lot subdivision shall satisfy:

Lot and density standards applicable to the underlying zoning district (as applied to the parent site and not to individual unit lots).

CMC 15.96.060 for any duplexes.

CMC 15.96.080 for any proposed cottage units.

Townhouse design standards within the Carnation Design Standards and Guidelines for any townhouse buildings.

Other provisions of this title as applicable to the development.

Portions of the parent site 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 located within the parent site. A homeowners' association shall be created for the maintenance of any shared required outdoor area or other open space, shared parking areas, and other common use areas, buildings, and utilities within the development.

Maximum impervious area of the aggregate buildings and other hard surfaces located upon the parent site shall not exceed the maximum impervious area permitted by the underlying zone.

Individual unit lots are subject to applicable setback requirements in CMC Chapter 15.48 Table 1, except for interior side yard lot lines, provided that:

Detached buildings on separate individual unit lots shall be located no less than ten feet apart.

Lots located on the perimeter of a unit lot subdivision are subject to the interior side yard lot lines set forth in CMC Chapter 15.48 Table 1.

As applicable, access easements, joint use and maintenance agreements, and covenants, conditions and restrictions 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; on-site recreation; landscaping; utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the county auditor's office. Each unit-lot subdivision shall make adequate provisions for ingress, egress and utilities access to and from each individual unit lot created by reserving such common areas or other easements over and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying zoning district and consistent with the unit lot subdivision's approved development plan;

Notes shall be placed on the plat recorded with the county auditor's office to acknowledge the following:

Approval of the design and layout of the development plan was granted by the review of the development, as a whole, on the parent site (stating the subject project file number if applicable);

Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved development plan;

If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved development plan;

Additional development of the individual lots may be limited as a result of the application of applicable development standards to the parent site.

(Ord. No. 909, § 3(Exh. B), 10-16-2018)

15.16.469 - Conflicts.

Any conflicts between the provisions of this section and the text of other sections in this title shall be resolved in favor of the text of this section.

(Ord. No. 909, § 3(Exh. B), 10-16-2018)

15.16.470 - Purpose.

The purpose of Part IV of this chapter is to create a process for developing commercially and industrially zoned property, as authorized by RCW 58.17.035. On sites which are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking.

(Ord. 747 (Exh. A) (part), 2008)

15.16.480 - Applicability.

Any person seeking the use of a binding site plan to divide the person's property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property is required to apply for, complete and have approved a binding site plan prior to any property division, as provided in Chapter 58.17 RCW and as required by this chapter.

The site which is subject to the binding site plan shall consist of one or more contiguous lots legally created.

The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.

(Ord. 747 (Exh. A) (part), 2008)

15.16.490 - Administration.

The city planner is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter.

(Ord. 747 (Exh. A) (part), 2008)

15.16.500 - Complete application.

Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.

Applications for binding site plans shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; CMC Title 12, Streets, Sidewalks and Public Places; CMC Title 13, Public Services; Chapter 14.04 CMC, Environmental Policy Act; CMC Title 15 Land Use; the city of Carnation comprehensive plan; utility comprehensive plans, the civil engineering standards for water, sewer and streets, and administrative rules adopted to implement any such code or ordinance provisions.

The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall include:

The location, layout and size of all proposed lots;

The identification and description of the properties involved in the site plan;

The legal description of the lot(s);

The name and address of the developer;

The name, address and seal of the registered engineer or land surveyor;

The scale, datum and northpoint;

The building setback lines for each lot;

All proposed and existing uses, zoning and property boundaries within one hundred feet of any boundary of the site;

10.

The location and identification of critical areas within five hundred feet of any boundary of the site;

11.

The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site;

12.

The location and size of utility trunks serving the site;

13.

The location and size of water bodies and drainage features both natural and manmade within five hundred feet of any boundary of the site;

14.

Stormwater management plans as required by the adopted DOE Stormwater Management Manual in accordance with CMC Section 15.64.230;

15.

The location of any significant trees or significant stands of trees as defined by Chapter 15.08 CMC;

16.

A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested;

17.

18.

A complete environmental checklist, if the project is not exempt from SEPA per CMC Chapter 14.04;

19.

Certificates of water and sewer availability;

20.

Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;

21.

A list of all property owners within three hundred feet of any boundary of the site;

22.

A copy of the most current assessor's map obtained from the King County department of assessments;

23.

24.

Lists of any other development permits or permit applications having been filed for the site;

25.

Payment of any application fees and development deposits imposed by the city.

The city planner may waive specific submittal requirements determined to be reasonably unnecessary for the evaluation of the permit in light of relevant factors and circumstances including but not necessarily limited to the size, complexity and/or location of the proposed binding site plan.

(Ord. 747 (Exh. A) (part), 2008)

15.16.510 - Additional requirements.

The city planner may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The city planner may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review.

(Ord. 747 (Exh. A) (part), 2008)

15.16.520 - Material errors.

An application found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications.

(Ord. 747 (Exh. A) (part), 2008)

15.16.540 - Decision.

A finding that the binding site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply.

A finding that the proposed binding site plan complies with all applicable provisions of this title and other adopted regulations and administrative rules.

The binding site plan shall contain additional documents as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.

The city planner may authorize sharing of parking, access and other improvements among contiguous properties subject to the binding site plan. Conditions of use, maintenance and restrictions on redevelopment of shared parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms.

The decision of the city planner shall be final.

(Ord. 747 (Exh. A) (part), 2008)

15.16.550 - Appeals.

The city planner's decision regarding binding site plan applications may be appealed by any aggrieved person with legal standing pursuant to Chapter 15.11 CMC.

(Ord. 747 (Exh. A) (part), 2008)

15.16.560 - Recording and binding effect.

Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor licensed in the state of Washington. Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents—Record of corner, information.

The approved binding site plan recording forms shall include the following, in the format prescribed by the director:

Name of binding site plan;

Location by section, township and range, or by other legal description;

The name and seal of the registered engineer or the registered land surveyor;

Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearings can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved;

Boundary of binding site plan based on an accurate traverse, with angular and lineal dimension;

Exact location, width, and name of all streets within and adjoining the binding site plan, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the city. Proposed street names shall be checked with the proper officials;

True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the binding site plan;

Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses;

Radii, internal angles, points of curvature, tangent bearings and lengths of all areas;

10.

All easements for rights-of-way provided for public service or utilities;

11.

Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose;

12.

Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and twenty-four inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at locations to complete a continuous line of sight and at such other locations as required by the city engineer;

13.

All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark;

14.

15.

Building setback lines accurately shown with dimensions;

16.

Notarized signatures of all persons having an ownership or security interest in the land;

17.

Approval of the city engineer;

18.

Approval of the public works director;

19.

Approval of the city planner;

20.

Approval of the city manager;

21.

One electronic copy of the final binding site plan, as approved by the city planner, shall be submitted to the public works director in a format specified by the director;

22.

Payment of any application fees and deposits imposed by the city.

The city planner shall examine and sign the approved binding site plan if it conforms with the approved binding site plan and all conditions of approval. Binding site plan record of survey shall be recorded with the King County records and elections department.

Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 833, § 5, 7-2-2013)

15.16.570 - Amendment, modification and vacation.

Except as provided in this title, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision.

(Ord. 747 (Exh. A) (part), 2008)

15.16.580 - Purpose.

The purpose of this part of this chapter is to establish a permit process for the development of property for residential condominium proposals pursuant to Chapter 64.34 RCW, which seeks to encourage quality condominium construction in order to encourage a broad range of affordable homeownership opportunities and to assist cities' efforts to achieve the density mandates of the growth management act.

(Ord. 747 (Exh. A) (part), 2008)

15.16.590 - Other approvals not waived.

The residential condominium binding site plan process set forth in this part is separate from and additional to any other review and approval requirements of this code, and shall not be construed as substituting for such requirements.

(Ord. 747 (Exh. A) (part), 2008)

15.16.600 - Administration.

The city planner is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter.

(Ord. 747 (Exh. A) (part), 2008)

15.16.620 - Building permits.

Whenever a binding site plan for a residential condominium development is proposed on a parcel of land for which a building permit has been issued for the entire project, the following must be satisfied prior to recording:

A plan shall be prepared in a form prescribed by the director which is adequate for permanent retention by the King County records and elections division.

The plan must be prepared by a registered land surveyor or civil engineer.

The plan must substantially reflect the site plan approved for the building permit. Specific details not relevant to the division of land may be omitted.

The plan must be verified by the director for compliance with the approved building permit. The city planner may require dedication of additional right-of-way for public streets pursuant to the criteria set forth in this code.

The legal description and map must be verified by the city engineer.

(Ord. 747 (Exh. A) (part), 2008)

15.16.630 - Complete application.

Applications for binding site plans shall be on forms prescribed by the department and shall include such information as deemed necessary by the city planner to establish compliance with this section.

The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed binding site plan shall include:

The location, layout and size of all proposed lots;

The identification and description of the properties involved in the site plan;

The legal description of the lots(s);

The name and address of the developer;

The name, address and seal of the registered engineer or land surveyor;

The scale, datum and northpoint;

The building setback lines for each lot;

All proposed and existing uses, zoning and property boundaries within one hundred feet of any boundary of the site;

10.

The location and identification of critical areas within five hundred feet of any boundary of the site;

11.

The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site;

12.

The location and size of utility trunks serving the site;

13.

The location and size of water bodies and drainage features, both natural and manmade, within five hundred feet of any boundary of the site;

14.

Stormwater management plans as required by the adopted DOE Stormwater Management Manual in accordance with CMC Section 15.64.230;

15.

The location of any significant trees or significant stands of trees as defined by Chapter 15.08 CMC;

16.

A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested;

17.

18.

A complete environmental checklist, if the project is not exempt from SEPA per Chapter 14.04 CMC;

19.

Certificates of water and sewer availability;

20.

Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;

21.

Two sets of mailing labels for all property owners within five hundred feet of any boundary of the site;

22.

A copy of the most current assessor's map obtained from the King County department of assessments;

23.

24.

Lists of any other development permits or permit applications having been filed for the site;

25.

Payment of any application fees and development deposits imposed by the city.

(Ord. 747 (Exh. A) (part), 2008)

15.16.640 - Additional requirements.

The city planner may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The city planner may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review.

(Ord. 747 (Exh. A) (part), 2008)

15.16.650 - Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications.

(Ord. 747 (Exh. A) (part), 2008)

15.16.670 - Decision.

A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. The city planner's decisions shall include any conditions to ensure consistency with the city's development regulations based on the following but not limited to:

Conformance of the proposed site plan with any approved building permit or planned unit development and any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city.

A finding that proposed site plan for residential condominiums complies with all applicable provisions of this title and other adopted regulations and administrative rules.

The binding site plan shall contain additional documents as necessary for review and approval which may include a plat certificate, boundary survey, agreements, easements and covenants.

Additional documents shall be submitted as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.

Prior to recording, the city planner shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions of approval.

(Ord. 747 (Exh. A) (part), 2008)

15.16.680 - Appeal.

The city planner's decision regarding binding site plan for residential condominium may be appealed by any aggrieved person with legal standing pursuant to Chapter 15.11 CMC Appeals.

(Ord. 747 (Exh. A) (part), 2008)

15.16.690 - Recording.

The proposed binding site plan for residential condominium approved by the city planner shall be recorded with the King County department of assessments and recorded with the King County department of records and elections within thirty days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.34 RCW, provided the structure or structures, road and parking systems, and related facilities substantially conform to the recorded binding site plan.

The approved binding site plan for residential condominium recording forms shall include the following, in the format prescribed by the city planner:

Name of binding site plan;

Location by section, township and range, or by other legal description;

The name and seal of the Washington licensed professional land surveyor;

Boundary of binding site plan based on an accurate traverse, with angular and lineal dimension;

True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat;

Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses;

Radii, internal angles, points of curvature, tangent bearings and lengths of all areas;

10.

All easements for rights-of-way provided for public service or utilities;

11.

Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose;

12.

Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and twenty-four inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at location to complete a continuous line of sight and at such other locations as required by the city engineer;

13.

All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark;

14.

15.

Building setback lines accurately shown with dimensions;

16.

Notarized signatures of all persons having an ownership or security interest in the land being subdivided;

17.

Approval of the city engineer;

18.

Approval of the public works director;

19.

Approval of the city planner;

20.

One electronic copy of the final plat, as approved by the city planner, shall be submitted to the public works director in a format specified by the director;

21.

Payment of any application fees and deposits imposed by the city. (Ord. 747 (Exh. A) (part), 2008)

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

15.16.700 - Amendments and rescission.

Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.

Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan the city planner shall rescind all or a portion of a binding site plan; provided, that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.

Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission are not required on the amended binding site plan or application for rescission.

(Ord. 747 (Exh. A) (part), 2008)

15.16.710 - Security Mechanisms—General.

As security the city may accept any of the following: bonds, letters of credit from an insured bank, a secured account with an insured bank, or a cash deposit. Other forms of security may be accepted if approved by the city manager in consultation with the city attorney.

In each case where the city requires or allows an applicant to post a security, the city manager or designee shall determine the type of security to be used.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.720 - Performance securities.

Except as provided in subsection E of this section, a performance security shall be required for any project on a site greater than one acre in size to guarantee that a site can be closed and/or winterized if necessary, or that measures can be taken by the city to respond to weather-related emergencies.

Additional bonding requirements can be found in other provisions of the Carnation Municipal Code, including without limitation Chapters 13.100, 15.76, 15.88 CMC and as required by any construction development standard listed in Chapter 12.06 CMC. Except as expressly provided, nothing in this chapter shall be construed as excusing compliance with any such other requirements.

In addition, an augmented performance security may be required by the city manager or designee to cover the cost of installing any system-wide public improvements that an applicant has agreed to install as part of his project where the lack of installation would cause the system to fail or not be completed in a timely manner.

Performance securities may be presented to the city after preliminary approval of a project but in all circumstances shall be presented prior to any site disturbance, including clearing, grading, or construction.

Submission of a performance security may be waived by the city manager or designee if:

In the discretion of the city manager or designee, the monetary value of the required site improvements is de-minimus;

The applicant is a public entity and the improvements will be publicly owned upon installation;

The circumstances warrant such a waiver in the sole discretion of the city manager or designee.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.730 - Approval of the development proposal.

No final development proposal shall be approved by the department, building permit issued for site plans, or certificate of occupancy or other permit issued, until each and all grading, paving of the streets, installation of curbs, sidewalks, monuments, sanitary and storm sewers, street lights, water mains, street signs and other improvements approved or required by the department are installed in accordance with the city standards and approved by the city manager or designee.

In lieu of the completion of the actual construction and installation of the improvements referred to in this title prior to: (1) the final approval of the development proposal; (2) the issuance of a building permit for site plans; or (3) the issuance of a certificate of occupancy or other permit, the applicant shall deposit a performance bond with the city as a guarantee that the applicant will, within one year from the date of approval of the development proposal, or within one year from the issuance of the building permit for site plans, fully complete the construction and installation of the required improvements to the satisfaction of the city manager or designee.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.740 - When a performance bond is used.

In each case where the city allows an applicant to post a performance bond, the city manager or designee shall determine the adequacy and type of bond the applicant will use.

The performance bond shall guarantee the full and complete construction and installation of the required improvements, in accordance with city standards and to the satisfaction of the city manager or designee, within one year from the date of the approval of the development proposal, or within one year of the issuance of the building permit for site plans. When a performance bond is used, an applicant may be allowed to obtain approval of a development proposal, or obtain a building permit, certificate of occupancy or other permit prior to completing only the following improvements:

The installation of street trees;

The installation of sidewalks;

The installation of the final lift of pavement; and

The installation of landscaping and critical areas plans.

In no instances shall the applicant be granted final approval of a development proposal, or be permitted to obtain a building permit, certificate of occupancy or other permit, prior to completion of any other improvements, including all off-site improvements, specified as part of the development proposal or as conditions of approval.

The performance bond for improvements shall be submitted to the city and approved by the city manager or designee prior to any issuance of construction or right-of-way permits necessary for the development.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.750 - Maintenance bond.

The application shall guarantee the successful operation, maintenance, repair and replacement of the required improvements for a period of two years following the later of:

Final plat recording; or

Acceptance by the city of the construction and installation of the improvements following the final construction inspection.

The applicant is required to post with the city, in a form and in an amount acceptable to the city manager or designee, a maintenance bond as security for the applicant's guarantee of the successful operation, maintenance, repair and replacement of the required improvements.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.760 - Amount of bonds.

The city manager or designee shall base the determination of the amount of the performance and maintenance bonds as follows:

For a performance bond the amount will be one hundred fifty percent of the estimated cost of constructing and installing the improvements.

For a maintenance bond the amount will be either thirty percent of the performance bond or thirty percent of the actual cost of construction and installation of the improvements, whichever is less. To determine the actual cost of construction and installation of the improvements, the applicant shall submit to the city manager or designee a certified statement detailing and verifying the actual costs incurred. The city manager or designee may request additional information from the applicant to support the statement.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.770 - Duration of securities.

All securities shall be held until released by the city manager or designee, or the building official in the case of builder's securities; however, the standard duration of the various securities should be as follows:

Performance. One year or until all improvements are installed and accepted by the city, whichever is greater.

Maintenance. Two years; extendable by a period of no more than one more year if repairs are made at the end of the bonding period which, in the opinion of the city manager or designee, require additional guarantee of workmanship. The city manager or designee may extend the duration of the security based on the seasonal nature of the improvements, or based on concerns regarding the quality of the materials or workmanship.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.780 - Release of bonds.

After the required improvements covered by a performance bond have been completed and accepted by the city and the maintenance bond has been posted, or at the end of the period of time covered by the maintenance bond, the applicant may request the city to release the performance bond or maintenance bond. If the applicant has complied with the applicable bond agreement and the provisions of this chapter, the city manager or designee shall release the applicable bond.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.790 - Supplemental administrative costs.

In addition to the security, the applicant shall pay a fee to the city covering the city's actual expenses of administering, and if necessary, using the proceeds of the security. The amount of this fee will be set by resolution.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.800 - Security agreement.

In each case where a security is posted, the applicant and the city manager or designee shall sign a notarized security agreement, approved in form by the city attorney. The agreement shall provide the following information:

A description of the work or improvements covered by the security;

Either the period of time covered by the maintenance security or the date after which the city will use the proceeds of the performance security to complete the required work or improvements;

The amount and nature of the security and the amount of the cash deposit;

The rights and duties of the city and the applicant;

An irrevocable license to run with the property to allow the employees, agents, or contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making the improvements covered by the security;

The mechanism by and circumstances under which the security shall be released. At a minimum, after the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security, the applicant may request the city to release the security. If the applicant has complied with the security agreement and this code, the city manager or designee shall release the security remaining. If the work has not been completed or repairs not made, then the city shall not release the security until such work is completed. Partial release of the security may be allowed provided that the developer provide a new security in the amount specified in Section 15.12.840 for the remaining work.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.810 - Use of security funds by the city.

If during the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, the city manager or designee determines that the security agreement has not been complied with, he shall notify the applicant of this. The notice must state:

The work that must be done or the improvements that must be made to comply with the security agreement; and

The amount of time, not to exceed thirty days, that the applicant has to commence and complete the required work or improvements; and

That, if the work or improvements are not commenced and completed within the time specified, the city will use the proceeds of the security to have the required work or improvements completed.

If the work or improvements covered by the security are not completed within the time specified in the notice the city shall obtain the proceeds of the security and shall cause such work to be completed.

The applicant is responsible for all costs incurred by the city in administering, maintaining, or making the improvements covered by the security(s). The city shall release or refund any proceeds of a performance or maintenance security remaining after subtracting all costs for doing the work or making the improvements covered by the security. The applicant shall reimburse the city for any amount expended by the city that exceeds the proceeds of the security. The city may file a lien against the subject property for the amount of any excess.

In each case where the city uses any of the funds of a security it shall give the applicant an itemized statement of all funds used.

(Ord. 747 (Exh. A) (part), 2008)

(Ord. No. 952, § 2(Exh. A), 4-5-2022)

15.16.820 - Standards for monuments.

It is intended that all monuments shall be set prior to final approval or certificate of occupancy, in accordance with the requirements for monuments as specified in the city of Carnation Street and Storm Sewer System Standards.

(Ord. 747 (Exh. A) (part), 2008)

15.16.830 - Protective deed covenant—Forms.

A copy of the protective deed covenants shall accompany the final plat.

Forms shall be prescribed by the director and include the following:

Dedication with notarized acknowledgment, by owner or owners, of the adoption of the plat and the dedication of streets and other public acres. In case of corporation, proper acknowledgment shall be used;

Restrictions;

Certification by registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional and geodetic details are correct;

Proper forms for the approvals of city public works director, city engineer, city planner and of the city manager with space for signatures;

Each and all of the above forms including the description shall be completed in legible lettering and be substantially in the form of the sample filed in the King County department of records and elections.

(Ord. 747 (Exh. A) (part), 2008)

15.16.840 - Purpose.

The purpose of this Part is to permit the construction of a limited number of model homes within an approved preliminary plat, prior to final plat approval. Allowing model homes provides the opportunity for builders and developers to showcase their product prior to final plat approval. Nothing in this Part shall be construed as permitting model homes within short subdivisions. This Part shall not be construed to supersede or amend the purpose and intent of this title.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.850 - Approval authority.

The city manager is authorized to approve, approve conditionally, or deny model home applications, under the criteria set forth in this Part.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.860 - Eligibility; Conditions.

A subdivision having received preliminary plat approval is eligible for model homes, provided the following criteria are met:

The applicant has submitted and received all required permits and approvals required of the preliminary plat approval.

All required stormwater and drainage facilities necessary for the areas of the subdivision serving the model homes are in place and functional, to the satisfaction of the city engineer.

All critical areas upon or immediately adjacent to the areas of the subdivision serving the model home(s) have been protected or mitigated, in accordance with the city's critical areas regulations and any conditions of preliminary plat approval.

The model home(s) and any associated temporary sales office meet all applicable access and fire protection requirements as determined by the fire department.

All areas of the subdivision serving the model home(s) are served by an all-weather surface roadway as approved by the city engineer and fire department.

All areas of the subdivision serving the model home(s) have installed frontage improvements including curb, gutter and sidewalk, as required by any conditions of the preliminary plat approval and/or this code.

Water and sewer utilities are installed to serve each lot proposed for model homes, as directed by the city manager.

All proposed streets serving the model homes are adequately marked with street signs, to the satisfaction of the city manager and fire department.

Lot property corners of all lots proposed to be used for the model home have been set by a licensed, professional land surveyor in accordance with the approved preliminary plat lot configuration.

Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per the preliminary plat approval.

The number of model homes within a preliminary plat shall not exceed that allowed by CMC 15.16.870.

No two model homes in a subdivision shall have identical floor plans.

An instrument, in a form approved by the city attorney, has been recorded against the parcel(s) containing the model home(s) prohibiting occupation of the model home for residential use and stating, "Model home(s) are subject to removal at the owner's expense should the preliminary plat not receive final plat approval or the approval period has expired, consistent with CMC 15.16.330." This instrument shall remain in effect until the final plat is recorded or the home(s) are removed.

As a condition of approval, the city manager may impose any reasonable conditions deemed necessary to protect the public health, safety and welfare.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.870 - Number permitted.

The number of model homes permitted for each subdivision shall be no greater than ten percent of the approved lots within the preliminary plat. In addition to those lots permitted for the model home(s) within the preliminary plat, one lot may be used to support one temporary sales office and one lot may be used as an off-street parking area to service the model home and/or temporary sales office. In the event that calculation of the number of lots equal to ten percent of the total number of preliminary lots creates a fractional lot, the number of permitted lots for model homes shall be rounded down.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.880 - Application requirements.

The following information shall be required in addition to the standard submittal requirements for a single-family residential building permit:

The applicant shall have written authorization from the property owner permitting the model home(s) if the applicant is other than the owner of the approved preliminary plat.

Title report current within the last thirty days.

Name of approved preliminary plat as well as the proposed name of the final plat (if different).

Parent tax parcel number(s) involved in the complete development.

Date of preliminary plat approval.

Date of preliminary plat approval expiration.

Overall site plan showing the preliminary plat, including phases (if applicable) and the location of all proposed model homes.

Overall site plan shall include the location of proposed temporary improvements specific to the model home(s) use such as the location of signage, flags, banners, fencing, landscaping, sales trailer and impervious surfaces such as parking areas and sidewalks.

A parking plan compliant with Chapter 15.72 CMC.

Individual site plans showing the location of the model home(s) in relation to the property lines and setbacks consistent with the preliminary plat approval.

Submittal of financial security in a form approved by the city manager at one hundred fifty percent of the city engineer's cost estimate, approved by the city, necessary to restore the site to conditions existing prior to the construction of the model home(s) and all associated structures and improvements.

Payment of model home review fee as set forth in the adopted fees resolution. The model home review fee shall be applicable only to the review of the overall model home complex site plan. All other applicable fees shall be paid for the proposed plat improvements and building permit fees prior to individual model home building permit issuance.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.890 - Occupancy requirements.

Written approval from the city of Carnation shall be posted at the main entry to each model home, allowing public access to the model homes.

No model home shall be occupied for residential use prior to recording of the final plat. No model home site shall be sold, leased, rented or otherwise transferred in ownership until the final plat is recorded, unless the property interest is transferred in conjunction with a transfer in interest of the plat as a whole.

One approved lot within a preliminary plat may be used to locate a temporary sales office for the purpose of marketing the model home(s). This provision is not intended to increase the number of model homes permitted under CMC 15.16.870.

One approved lot within a preliminary plat may be used to furnish off-street parking. This provision is not intended to increase the number of model homes permitted under CMC 15.16.870.

The hours of operation of the model home shall be limited to nine a.m. to seven p.m. except as provided in subsection (F).

If street lighting is installed to the satisfaction of the city manager and fire department, the hours of operation may be extended to nine a.m. to nine p.m.

The model home(s) and temporary sales office shall be used for the exclusive purpose of marketing the homes and lots within the plat, not as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the plat.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.900 - Duration permitted.

The model home(s) and/or temporary sales office may be used for no more than twenty-four months from the date of the model home permit approval, or no longer than the expiration of the preliminary plat approval, whichever is greater.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.910 - Removal.

The model home(s) and all associated improvements, including but not limited to any temporary sales office and parking lot, shall be removed within six months of the following occurrences:

Preliminary plat approval has expired and no extension has been granted.

Final plat approval has been denied.

The approval period has expired pursuant to CMC 15.16.330.

Without

prejudice to the above, the city manager may revoke the approval of a model home and/or any associated improvements if the applicant fails to comply with this chapter and/or violates any conditions of approval. In the event of such revocation, the model home and/or improvements shall be removed at the owner's expense within the timeframe specified by the city manager.

(Ord. No. 854, § 3(Exh. A), 12-2-2014)

15.16.920 - Appeals.

Administrative interpretations and approvals under this Part may be appealed as a Type I project permit in accordance with Chapter 15.11 CMC.