The City of College Place has consolidated the primary regulations governing the use and development of land into a single unified development code. College Place Municipal Code Title 14, also known as the College Place Unified Development Code, includes a single set of definitions, procedures, and standards and is intended to be the principal source of information for business and property owners, developers, residents, and interested citizens. If you have questions about this document, please don't hesitate to contact the City of College Place Planning Department.

A.

The following is a brief summary of key planning roles in the City of College Place:

1.

The College Place city council is the legislative body of the city and is the only body which can adopt or amend an ordinance, which includes amendments to the city comprehensive plan and development regulations. The city council also confirms the appointment by the mayor of the city administrator, the hearing examiner, planning commissioners, historic preservation commissioners, and members of the economic development, tourism, and events commission. In addition, the city council appoints the members of the parks, arbor, and recreation board.

2.

The mayor is the chief executive officer and ceremonial head of the city. The mayor appoints the city administrator and sees that all laws and ordinances are faithfully enforced.

3.

The city administrator assists the mayor in the performance of his/her/their duties and supervises the various city departments. The city administrator functions as the chief administrative officer, serves as the personnel officer for the city, designates city staff responsible for the performance of duties identified in this title, and performs other administrative duties as assigned.

4.

The community development director, as authorized by the city administrator, serves as the lead staff person responsible for the administration of this title, overseeing the implementation of all planning requirements and activities in the city, making administrative decisions on certain land use applications, and interpreting the provisions of this Code.

5.

The city building official, as authorized by the community development director, administers, and enforces the international building and related codes, as adopted by the city.

6.

The city fire marshal, as authorized by the city fire chief, administers, and enforces the International Fire Code, and related codes, as adopted by the city, including but not limited to inspection of structures and land uses for compliance.

7.

The city public works director, as authorized by the city administrator, is responsible for the operation and maintenance of essential city services including water, sanitary sewer, storm water management, and streets. In this capacity, the public works director participates in the review and approval of development permits and the enforcement of city standards.

8.

The city engineer, including any city contract engineer (hereinafter referred to as "city engineer"), as authorized by the public works director, is responsible for the implementation of the City of College Place Engineering Design Standards. In this capacity the city engineer participates in the review and approval of development applications, the review and approval of the design and construction of infrastructure improvements, approving financial protections, and the enforcement of city standards.

9.

The city hearing examiner is authorized to receive and examine available information, conduct public hearings, prepare a record thereof, enter findings of fact and conclusions based upon those facts, make recommendations, and prepare a record of decision for certain land use applications and appeals.

10.

The city attorney advises the mayor, city administrator, city council, city boards and commissions, and city staff regarding the legal interpretations, applications, and the enforcement of this title. In addition, the city attorney may initiate code enforcement actions on behalf of the city.

11.

The city planning commission is the planning advisory body to the mayor and city council and makes recommendations on long range planning matters, supports current planning activities as specified in this title, and performs other duties as assigned by the city council. For more information about the College Place Planning Commission, see Chapter 2.32.

12.

The historic preservation commission has been established to promote awareness and preservation of the city's history. One major responsibility of the historic preservation commission is reviewing proposed changes to the College Place Register of Historic Places. The commission also serves as the local review board for special valuation of historic properties as provided in RCW 84.26. For more information about the College Place Historic Preservation Commission see College Place Municipal Code Chapter 14.110.

13.

The parks, arbor and recreation board makes recommendations to the mayor and city council on the acquisition, control, improvement, beautification, and planning of all public parks and recreation facilities. For more information about the College Place Parks, Arbor, and Recreation Board, see Chapter 2.62.

14.

The economic development, tourism, and event commission provides special knowledge and expertise to the mayor and city council relative to monitoring, assessing and strengthening existing economic development strategies and developing new strategies. For more information about the College Place Economic Development, Tourism, and Event Commission, see Chapter 2.3.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 24-002, § 3, 1-23-2024)

A.

Unless otherwise provided by the city administrator, the community development director, and his/her/their designees, are hereby authorized to perform, the following:

1.

Establish and maintain such application forms and administrative procedures as may be necessary to implement this title;

2.

Interpret ordinances, codes, and requirements and determine the applicability of this title to proposed uses, projects and development activities;

3.

Prepare and upon approval by the city council, implement a fee schedule for all land use, development, and building permit activities;

4.

Serve as the SEPA responsible official;

5.

Review and approve or deny land use, shoreline, building permit, and related permits in accordance with the provisions of this title;

6.

Inspect and examine any structure or tract of land and within the sole discretion of the city, to order in writing the remediation of any condition found to exist or reasonably likely to occur in violation of any provision of this Code;

7.

Enforce city ordinances, codes, and regulations including the approval of compliance plans, the imposition of fines for violations, the issuance of stop work orders, and/or the imposition of penalties;

8.

Manage the activities of city staff and liaison with consultants involved in planning and land use activities; and

9.

Represent the city in working with other local, county, state, and federal planning and natural resource management agencies, and the like.

B.

Unless otherwise provided, the building official is authorized to perform such activities as may be necessary to administer the International Building and related codes as adopted by the city. This may include, but is not limited to:

1.

Review building plans and building permit applications;

2.

Issue or deny building permits;

3.

Inspect construction; and

4.

Issue certificates of occupancy.

C.

The office of the hearing examiner is established along with the authority and duties of the position in College Place Municipal Code Chapter 2.50.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 24-002, § 4, 1-23-2024)

A.

In their interpretation and application, the provisions of this title are intended to be minimum requirements. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreements between parties, public or private, nor is it in any way intended to interfere with any existing regulations previously adopted pursuant to law, relating to the use of land; provided, however, that when the requirements of this title appear to be inconsistent with the requirements of any lawfully adopted rules, regulations or ordinances, the city may make an administrative code interpretation to resolve any potential inconsistency.

B.

Any person may submit a reasonable written request to the city for a formal interpretation of the provisions of this title, or those codes referenced by this title. The request shall identify the specific provision(s) in question and shall include relevant background information and supporting documentation. If accepted by the city, the request shall be processed in accordance with the applicable provisions of this title.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

A.

Except as provided in this title, the following general provisions apply:

1.

No land, building, structure or premises shall be used, designed or intended to be used for any purpose or in any manner other than in a use listed in this title or amendment thereto as permitted in the zone in which such land, building, structure or premises is located.

2.

No designated yards or open spaces surrounding any building or structure shall be encroached upon or reduced in any manner except in conformity with the building site, area and yard requirements established by this title, nor shall any yard or open space associated with any building or structure for the purpose of complying with the requirements of this title or amendments thereto be considered as providing a yard or open space for any other building or structure.

3.

No building or structure shall be erected or moved onto a site and no existing building or structure shall be altered, enlarged, or reconstructed except in conformity with this title. Nor shall any building or structure be erected or structurally altered to exceed in height the limit established by this title or amendment thereto for the zone in which such building or structure is located.

4.

No buildings or permanent structures shall be permitted over a utility easement.

5.

All new buildings and development activities that require water and sewer service shall connect to the city systems if available, in accordance with the provisions of the Laws of Washington State.

B.

Nothing contained in this title shall require any change in any existing building or structure, construction or planned use of a proposed building, which would conform to the zoning regulations then in effect and for which building permit plans are on file in City Hall prior to the effective date of the ordinance codified in this title and the construction of which building or structure shall have been started within the time requirements of such building permit and diligently worked upon to its completion, unless by some other operation of applicable law.

C.

No land use in violation of local, state, or federal law shall be allowed in any zone within the City of College Place and are hereby expressly prohibited.

D.

In cases where multiple lots under common ownership will be used for one building site, and in particular those cases where a structure is proposed to be built across a lot line or within lot setbacks, the lots shall be consolidated into one lot.

1.

The consolidation shall be prepared by the owner(s) or their representative and subject to review and approval by the city in the same manner as a boundary/lot line adjustment; and

2.

Upon approval, the consolidation shall be recorded at the office of the county auditor.

E.

Upon discovery of any human remains, artifacts, or evidence of potential archaeological or cultural resources all construction activities or uses authorized under this title shall be suspended pending authorization to proceed from the city, and/or the Washington State Department of Archaeology and Historic Preservation, in accordance with the provisions of state and federal law, including, but not limited to, Revised Code of Washington Sections 68.50.645, 27.44.055, and 68.60.055.

1.

If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the Washington State Department of Archaeology and Historic Preservation (DAHP) provides notice to proceed. The finding of human skeletal remains will be reported to the College Place Police Department and the Walla Walla County Coroner in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county coroner determines the remains are non-forensic, then they will report that finding to the department of archaeology and historic preservation who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The state physical anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the Confederated Tribes of the Umatilla Indian Reservation. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.

2.

If ground disturbing activities encounter artifacts, or evidence of potential archaeological or cultural resources during construction, then all activity will cease that may cause further disturbance to those items. The project sponsor shall immediately contact the College Place Department of Community Development to determine how best to secure the site and to consult with the Confederated Tribes of the Umatilla Indian Reservation and the DAHP.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 24-002, § 5, 1-23-2024)

In the event that the strict and literal interpretation of this title serves to deny a property owner all reasonable use of their property, the property owner may apply for a reasonable use exception and may request the minimal relief necessary to enable the reasonable use of their property. Only valid and complete requests will be processed pursuant to this title.

A.

Reasonable use exceptions may be granted when:

1.

Application of this title would deny all reasonable economic use of the property;

2.

There are no other practical alternatives to the proposed use that would have less impact;

3.

The inability to derive reasonable economic use of the property is not the result of subdivision or other actions by the applicant;

4.

No other reasonable economic use has less adverse impact(s);

5.

The proposal protects and mitigates impacts to the functions and values of critical areas to the greatest extent feasible, consistent with the best available science;

6.

The proposal does not pose a threat to the public health, safety, or welfare on or off the development proposal site; and

7.

The proposal is consistent with other applicable regulations and standards.

B.

Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

Fees and charges for administering the provisions of this title shall be set by action of the city council.

A.

Applicants permits/approvals/actions shall be responsible for reimbursing the city for the cost of professional consultant services, if the city determines such services are necessary to complete its review of the application submittal.

1.

The city may require the applicant to deposit an estimated amount with the city, to be sufficient to cover anticipated costs of retaining professional consultant services and to ensure reimbursement to the city for such costs. This may include the execution of a formal cost recovery agreement.

2.

Any unused funds will be returned to the applicant upon completion and/or finalization of project.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 24-002, § 6, 1-23-2024)

During the review of any application for a land use, zoning, building, or other development activity, a project sponsor may propose, subject to city review and approval, and/or the city may require that a bond(s) or similar forms of financial guarantee or protection be posted to ensure continued compliance with any conditions imposed, including the construction of required improvements, the adherence to city standards, and/or maintenance, repair or replacement of such improvements.

A.

Financial Protection for Performance.

1.

The acceptance of financial protection in lieu of completion of required improvements on developments and projects shall be at the sole discretion of the city.

2.

Conditions for financial protection on subdivisions, developments, projects or phases thereof with a residential component shall be as follows:

a.

Financial guarantees shall not be accepted in lieu of required improvements until:

(1)

The requesting party demonstrates ownership by means acceptable to the city.

(2)

Permanent slope retention improvements (cut, fill, retaining walls, etc.) and permanent measures and improvements necessary to mitigate floodplain, stormwater and groundwater concerns have been completed with erosion control measures in place and maintenance bonds, where required, are provided in an amount and term acceptable to the city, to ensure the long-term integrity of the improvements.

(3)

The party requesting a financial guarantee executes and records an agreement with the city with language acceptable to the city that runs with the land such that:

(a)

The requesting party acknowledges that no structures will be occupied, and no occupancy permits shall be issued by the city until all improvements approved for construction, including financially guaranteed improvements are completed to city satisfaction.

(b)

All purchase and sales agreements include language notifying prospective buyers that occupancy will not be granted until all infrastructure is complete to city satisfaction.

(c)

All purchase and sales agreements shall include blanket construction access easements to allow construction of required improvements after sale of property and an indemnification clause to protect the city against issues related to construction access, improvements and corrections on sold properties until final acceptance.

(d)

City shall be reimbursed for all costs related to addressing buyer concerns over incomplete and/or unapproved infrastructure where reimbursement shall be required prior to issuance of occupancy permits.

(e)

The requesting party warrants all improvements for a period of two years after the final improvement is approved.

(4)

Additionally, the following requirements shall apply to all subdivisions:

(a)

Lot pins on all property corners and where necessary to establish ownership are established by a surveyor licensed to practice in the state of Washington.

(b)

Conditions of approval include requirement to note on the plat that no occupancy permits shall be issued by the city until all improvements approved for construction, including financially guaranteed improvements are completed to city satisfaction.

b.

No occupancy permit for a structure other than a temporary contractor's office or temporary storage building, or a single model home shall be issued for a structure on a lot or parcel within an approved subdivision or within a development, project or phase prior to:

(1)

Final inspection and approval of all required infrastructure improvements approved for construction including financially guaranteed improvements; and

(2)

Provision of any financial guarantees for maintenance where required by special council resolution.

c.

Partial financial protection releases shall be allowed for approved infrastructure upon the following conditions:

(1)

Requestor provides a list of all improvements requested for release with originally guaranteed amounts.

(2)

Requestor reimburses the city for partial release inspection and review at three percent of total requested release to include the costs of incomplete or unapproved items previously requested for release if included in the request. Reimbursement shall be made in advance of review.

(3)

Release of requested infrastructure shall be at city discretion based on whether or not the infrastructure has been approved.

(4)

Request for final release of all improvements where some improvements are not approved, shall be considered a partial release.

3.

Conditions for financial protection on subdivisions, developments, projects or phases thereof without a residential component shall be established by the city on a case by case basis.

4.

Applicants applying to financially guarantee improvements shall submit an itemized estimate of all improvements to be financially guaranteed. Estimates shall either be prepared and stamped by a professional engineer licensed to practice in the state of Washington or shall meet alternative requirements satisfactory to the city engineer.

5.

The city engineer shall review and modify the submitted estimate to ensure adequate city protection in event of default of the applicant and shall set the financial protection amount at 125 percent of the final estimate.

B.

Improvement Warranty Required.

1.

All public improvements or improvements with a public nexus such as water, sewer and stormwater lines, streets, sidewalks, permanent slope retention improvements (cut, fill, retaining walls, etc.) and permanent measures and improvements necessary to mitigate floodplain, stormwater and groundwater concerns approved by the city shall be warranted for a period of two years. Alternatively, staff may recommend financial protection for maintenance of critical improvements for a period not to exceed two years.

2.

The warranty period shall start upon final approval of all improvements.

C.

Financial Protection Options.

1.

Performance Bond. A performance bond shall be obtained from a surety bonding company authorized to do business in the state. The bond shall be payable to the city and shall be in an amount sufficient to cover the cost of the improvements as estimated by the city engineer. The duration of the bond shall be until such time the improvements are accepted by the city.

2.

Financial Institution Financing. If this type of financial protection is selected by the subdivider, the following steps shall be taken:

a.

The subdivider shall provide, from a bank or other reputable lending institution or an individual subject to the approval of the city, a letter of credit. This letter shall be deposited with the city and shall certify that:

(1)

The lending institution does guarantee funds in an amount equal to the estimate prepared by the city engineer.

(2)

In the case of failure on the part of the applicant to complete the specified improvements within the required time period, the lending institution shall pay to the city immediately within legal action time limits and notification, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of the funds so guaranteed.

(3)

These funds may not be withdrawn or reduced in amount until released by the city.

(4)

The subdivider executes a security agreement in which the funds so guaranteed shall be listed as security with appropriate financing statements filed in accordance with Revised Code of Washington Title 62A Uniform Commercial Code (RCW 62A. 9A-401).

b.

List all work in payable items, e.g., quantity, description, unit, it cost and amount.

c.

Payment for the work done by the subdivider may be made in one lump payment upon completion of all of the work and acceptance thereof, or in smaller payments covering a completed segment or segments of work and acceptance thereof. In either case, at the subdivider's request, the city and a representative of the lending institution involved will inspect the work and release funds for payment of acceptable work. The lending institution shall make arrangements so that disbursements will be made to contractors whose work has been accepted, and the contractor shall certify that the work was done on the project, and that he/she/they waives his/her/their lien against the project. The contractor shall further certify that the wages of his employees as they pertain to the project have been paid in full. The financial institution shall also honor drafts drawn by the city for work done on the project by the city. The subdivider would qualify as a contractor if he/she/they did a portion of the work.

d.

The percent of the funds shall be retained in the account until the city has accepted the entire development.

3.

Personal Fund Financing. If this type of financial protection is selected by the subdividers, he/she/they shall take the following steps:

a.

The subdividers shall deposit cash, or other instrument readily convertible into cash at face value, either with the city or in escrow with a bank or other reputable financial institution. The use of the instrument other than cash, and in the case of an escrow account, the financial institution with which the funds are to be deposited, shall be subject to the approval of the city. The amount of the deposit shall not be less than the cost estimate of the improvements as prepared by the city engineer. In the case of an escrow account, the subdivider shall file with the city an agreement between the financial institution and himself/herself/theirself guaranteeing the following:

(1)

That the funds of said escrow account shall be held in trust until released by the city engineer and may not be used or pledged by the subdivider as security in any other matter during that period.

(2)

That in the case of failure on the part of the subdivider to complete said improvements in the specified time, then the financial institution shall immediately make the funds in said account available to the city for use in completion of those improvements.

b.

List all work in payable items, e.g., quantity, description, unit, it cost and amount.

c.

Payment for the work done by the subdivider may be made in one lump payment upon completion of all of the work and acceptance thereof, or in smaller payments covering a completed segment or segments of work and acceptance thereof. In either case, at the subdivider's request, the city engineer and a representative of the lending institution involved will inspect the work and release funds for payment of acceptable work. The lending institution shall make arrangements so that disbursements will be made to contractors whose work has been accepted, and the contractor shall certify that the work was done on the project, and that he/she/they waives his/her/their lien against the project. The contractor shall further certify that the wages of his/her/their employees as they pertain to the project have been paid in full. The financial institution shall also honor drafts drawn by the city for work done on the project by the city. The subdivider would qualify as a contractor if he/she/they did a portion of the work.

d.

Any interest accrued to the funds in escrow shall be credited to the subdivider to be used as desired.

e.

The percent of the funds shall be retained in the account until the city has accepted the entire development.

4.

Any other financial arrangement having features which will guarantee performance without loss to the city and reimbursement in the event of default on completion of work as specified.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 24-002, § 7, 1-23-2024)

A.

The city may, in accordance with the provisions of RCW 36.70B.170-210, enter into a development agreement with a person(s) having ownership or control of real property within its jurisdiction, or outside its boundaries as part of a proposed annexation or a utility service agreement.

1.

The execution of a development agreement is a proper exercise of the city's police power and contract authority.

2.

A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities.

3.

A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

B.

A development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement, provided that:

1.

The development agreement shall be consistent with all applicable development regulations.

2.

The provisions of this section do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence or adopted under separate authority.

3.

For the purposes of this section, "development standards" include, but are not limited to:

a.

Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

b.

The amount and payment of impact and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications;

c.

Mitigation measures, development conditions, and other requirements under RCW 43.21C;

d.

Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

e.

Affordable housing;

f.

Parks and open space preservation;

g.

Phasing;

h.

Review procedures and standards for implementing decision;

i.

A build-out or vesting period for applicable standards; and

j.

Any other appropriate development requirement or procedure.

C.

Development agreements applicable to properties within the boundaries city are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon mutual approval of both the developer and the city. Development agreements applicable to properties outside of the city boundaries may continue in effect until a date as specified in the agreement. Agreements outside the city may contain variable expiration dates for some, or all, of the standards listed in this section.

D.

Upon approval, a development agreement shall be recorded with the Walla Walla County Auditor.

1.

During the term of a development agreement, it is binding on the parties and their successors.

2.

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement.

3.

Any permit or approval issued by the city after the execution of a development agreement must be consistent with the terms of the development agreement.

4.

A development agreement and the development standards incorporated in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)

A.

Interpretation, enforcement, and all other actions or inactions taken pursuant to this title by the city and its employees, volunteers, and agents, are general governmental functions creating a duty to the public as a whole and not to any one person, group, other governmental or regulatory agency, or entity, including to third parties and no claim, liability, or cause of action may arise from the city's acts or inactions.

B.

The city assumes no responsibility and is not liable for any injury, death, or damages of any kind whatsoever resulting from any act or inaction taken by the city pursuant to this title.

C.

No city action or inaction relieves a person, group, or entity of responsibility for all injury, death or damages, of any kind whatsoever arising out of the person, group, or entity's acts or omissions.

D.

The denial or issuance of a permit, approval or denial of use, inspection, noninspection, certification, approval, disapproval, charge or acceptance of payment, security, or proof of insurance, or other review or action by the city is not a representation, guarantee, promise, or warranty, expressed or implied, of any kind or nature whatsoever that any structure, component, material, device, service, installation, equipment, facilities and the like, improvement, property, land, or use is appropriate, safe, functional, or complies with all applicable laws. Nor is it permission to use or not use land in a way that does not comply with all applicable laws and duty of care.

E.

The use of land in College Place is done at the sole risk of the user.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 24-002, § 8, 1-23-2024)

If any provision of this title, or its application to any person or legal entity, is held to be invalid, the remainder of this title or the application of this title or the application of the provision to other persons or entities or circumstances shall not be affected.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020)