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College Place City Zoning Code

CHAPTER 14

90 - SUBDIVISIONS

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14.90.010 - Introduction.

The purpose of this chapter is to establish uniform standards and procedures to guide the division of land in accordance with the provisions of RCW 58.17 and the College Place comprehensive plan.

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

14.90.020 - Applicability.

A.

The regulations contained in this chapter shall apply to the division or redivision of land, or the alteration of lots within the city for the purpose of sale, lease, or transfer of ownership, whether immediate or future, unless otherwise clearly provided. This shall include the following unless the proposed action is specifically exempted in RCW 58.17.040, as determined by the city:

1.

Subdivisions of ten or more lots;

2.

Short plats of nine or fewer lots;

3.

Binding site plans; and

4.

Lot line adjustments.

B.

No person or entity shall sell, lease or transfer the ownership of or offer for sale, lease or transfer of ownership any real property that is subject to this chapter without prior approval and recording of the final plat and full compliance with this chapter.

1.

Any person, or entity who violates any provision of this title relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land shall be guilty of a civil infraction and subject to a fine as established by the city council, and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this chapter shall be deemed a separate and distinct infraction.

2.

The city may elect to take any or all actions available at law and in equity to enforce this title, and to try to any violation of these regulations.

C.

No parcel may be divided into two or more short plats in order to avoid the requirements of a subdivision.

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

14.90.030 - General requirements.

A.

All proposed subdivisions, short plats, binding site plans, and lot line adjustments shall comply with the following general requirements, unless otherwise provided in this title:

1.

The College Place comprehensive plan and all plans, documents, policies, and maps that have been adopted by reference to be used in support of the implementation of the College Place comprehensive plan;

2.

The applicable provisions of the College Place or Walla Walla County shoreline master program, if any;

3.

The City of College Place engineering design standards;

4.

The applicable provisions of RCW 58.17, as determined by the city; and

5.

Other applicable local, state, or federal laws and regulations.

B.

Applications for subdivisions, short plats, binding site plans, and lot line adjustments shall include a survey prepared by a licensed professional land surveyor, in accordance with the provisions of the Laws of Washington State, including but not limited to Title 58 RCW, RCW 18.43.020, and WAC 332.130, and such administrative provisions as may be adopted by the city.

C.

All subdivisions, short plats, and binding site plans shall be designed in accordance with the following principles:

1.

The subsequent use and development of all newly created or altered lots can be accomplished in substantial compliance, as determined in the sole discretion of the city, with the provisions of this title, particularly the regulations governing the protection of critical areas, and a reasonable use exception will not be required.

2.

Natural features and resources, including natural topology, watercourses, marshes, scenic points, large or heritage trees, natural groves, rock formations and critical areas should be preserved, protected, and enhanced and the lot layout shall reflect natural limitations inherent in the property.

3.

In subdivisions, the layout of blocks and lots should be designed to:

a.

Promote traffic safety and ease of traffic control and circulation.

b.

Be wide enough to allow for two tiers of lots unless the topography or other factors dictate the use of one tier of double frontage lots. Double frontage lots shall be designed with an easement at least ten feet wide to be dedicated along the lot lines abutting the principal or minor arterial or other disadvantageous use, across which there shall be no right of access for the general public or adjoining property owners.

c.

Be consistent with the topography and the needs for convenient access, circulation, control and safety of street traffic, emergency vehicle access, and type of land use proposed, but ordinarily, block lengths should not exceed 600 feet. Blocks may be up to 1,000 feet in length if there is a mid-block sidewalk, path, or trail built to city standards and dedicated to public use that connects to nearby streets.

4.

All lots shall be designed to comply with the following provisions, unless otherwise provided in this title:

a.

The density requirements of the zoning district in which the property is located.

b.

The minimum lot size and lot width requirements of the zoning district in which they are located.

(1)

No critical areas or buffers may be included in the calculation to determine compliance with the minimum lot size requirement.

(2)

In subdivisions, the minimum lot size and lot width may be reduced by up to ten percent in up to ten percent of the lots.

(3)

In short plats, the minimum lot size and lot width requirements may be waived by the community development director, provided that the density, lot coverage, and setback requirements can reasonably be met.

c.

All building setbacks shall be measured from the boundaries of critical area buffers when present.

d.

Provide access by means of a public street in accordance with the City of College Place engineering design standards, provided that in subdivisions, new residential lots should not have direct driveway access to a principal or minor arterial.

5.

All dedications of land shall be clearly and precisely indicated on the face of the plat or binding site plan and reflect that the city is a beneficiary to any and all public uses and required maintenance thereof including, but not limited to open spaces, emergency services access, and stormwater utilities.

D.

All required improvements should be installed prior to final plat, final short plat, or binding site plan approval.

1.

All required improvements shall be subject to inspection and acceptance or rejection by the city.

2.

Required improvements may be waived only when specifically authorized in this title.

3.

Required improvements may be deferred only through city approval of a phasing plan or the acceptance of a financial guarantee as provided in this title.

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

14.90.040 - Required improvements.

The following improvements are required in all subdivisions, short plats, binding site plans, and lot line adjustments unless otherwise provided in this title. All improvements must be designed and constructed by the project sponsor, at no cost to the city, in accordance with the provisions of the City of College Place engineering design standards, as determined by the city, other applicable local, state, and federal laws, and the following provisions:

A.

Water Supply. All lots must be served by an adequate supply of water, as determined by the city, in accordance with local, state, and federal standards, provided that:

1.

The city may require a certificate of water availability for lots not served by the city water system.

2.

All required water system improvements shall be designed and constructed in conformance with city standards and shall address:

a.

Potable water from a public water supply source;

b.

Adequate water supply and facilities for fire protection purposes;

c.

Water main looping; and

d.

Water necessary to maintain required landscaping.

B.

Sanitary Sewer. All lots must be served by city sewers, in accordance with the provisions of the Laws of Washington State, provided that the city may make a written finding that sewer service is not reasonably available and may authorize the use of a septic system(s) designed to the standards of the Walla Walla County Health Department, provided that:

1.

The location of the septic tank, system drainfield, and reserve drain field are depicted on a recorded legal document, as specified by the city; and

2.

The city may require the execution of a no protest LID agreement, or other instrument to ensure that a connection is made when city sewer service is available.

C.

Streets. All subdivisions, short plats, and binding site plans shall be served by one or more public streets providing ingress and egress at not less than two points, unless otherwise approved by the city.

1.

All streets shall comply with all city transportation plans, including but not limited to:

a.

Comprehensive plan transportation map;

b.

Arterial street plan; and

c.

City six-year transportation plan.

2.

All street networks and improvements shall provide ready access for fire and other emergency vehicles and equipment and route of escape for inhabitants, in accordance with the provisions of the International Fire Code, as adopted by the city.

3.

All streets shall be designed and constructed in accordance with the City of College Place engineering design standards. This shall include, but is not limited to street lighting, street signs, sidewalks, landscaping strips, curbs, gutters, stormwater facilities, and bike lanes, as required by the city.

a.

Private streets are discouraged, and all streets shall be dedicated to the city, unless a private street is approved by the city. Private streets may be permitted in the sole discretion of the city only in:

(1)

Binding site plans;

(2)

Mobile home/manufactured home parks;

(3)

Situations involving parcels that are isolated by topography or the configuration of existing lots and that connection with other streets is unachievable; or

(4)

Unusual situations based on a written finding by the city that it is in the public interest.

b.

Private streets, when permitted, must be designed and constructed in accordance with the City of College Place engineering design standards, provided that:

(1)

Pedestrian access must be provided to existing and future streets or pathways.

(2)

Provisions must be made for privately owned and maintained water and sewer improvements, designed and constructed to city standards, as no public utilities shall be located under a private street.

(3)

Traffic circulation shall not be obstructed or cut off future development from public access or utilities.

(4)

The transition to a public street shall not occur in mid-block, unless a mid-block transition is unavoidable, a public turn-around designed in compliance with the College Place engineering design standards and the International Fire Codes, as adopted by the city, shall be provided.

(5)

Private streets shall be owned in common by the owners of the property served by the private street or by a homeowners' association. The tract shall be designated on the plat as a special purpose tract. Private access may be designated by a recorded easement. A maintenance agreement shall be recorded with the Walla Walla County auditor that commits the owner(s) to maintain all elements of the private street. Accessibility shall be maintained at all times for emergency vehicles.

c.

In residential short plats, each lot shall be accessible from a city street, driveway, joint use driveway, or in the limited circumstances provided in this title, a private street, in accordance with city standards and the needs of emergency service and utility providers.

(1)

The requirement for access at two or more points may be waived by the city based on a finding that the proposed access complies with the provisions of:

(a)

The City of College Place engineering design standards;

(b)

The International Fire Code, as adopted by the city; and

(c)

Is in the public interest.

d.

Frontage improvements may be deferred by the city in a short plat, if:

(1)

There are no frontage improvements on either side of the proposed short plat; and

(2)

A no protest LID agreement is executed; or

(3)

A financial guarantee is executed to ensure that the improvements are installed by a certain date or event.

e.

The city may accept a voluntary payment in lieu of the installation of required frontage improvements, to be used later, and/or for similar improvements at another location.

(1)

There shall be no time limitation on the use of voluntary payments.

f.

The provision of alleys in residential subdivisions may be the basis for the city to approve a reduction in the width of required streets.

g.

In residential subdivisions, the width of driveways at the curb on lots with at least 60 feet of street frontage shall not exceed 20 feet in width at the curb and back of the right-of-way, as specified in the City of College Place engineering design standards, provided that:

(1)

On lots with street frontage greater than 60 feet, the width of the driveway at the curb may be increased by one foot over the standard 20-foot maximum for every three feet of frontage over 60 feet, up to a maximum width at the curb and back of the right-of-way of 30 feet;

(2)

On lots with less than 60 feet of street frontage, the driveway width at the curb may not exceed 12 feet;

(3)

The width of a driveway at its widest point shall not exceed the width of the driveway at the curb plus four feet; and

(4)

Driveway approach wings and pedestrian approach wings shall be separated by a minimum of four feet between the end of the wings.

h.

In residential short plats, the width of driveways shall not exceed 20 feet at the curb and back of the right-of-way or 24 feet at its widest point.

i.

Alleys should be provided in commercial and industrial areas, except that the city may waive this requirement based on a finding that adequate provisions have been made for deliveries, loading, unloading, and parking.

j.

On corner lots, the placement of driveways should be placed as far away from the intersection as possible, as determined by the city.

D.

Sidewalks shall be provided in every residential, industrial, or commercial subdivision, and business park, and shall conform to the city sidewalk standards. Sidewalks shall be properly located and sufficient to meet the circulation needs of the subdivision. The width of sidewalks in residential areas shall not be less than six feet, not including curb or features that diminish mobility, as determined by the city. The sidewalk must not be obstructed with poles, fire hydrants, and the like. Sidewalks shall not be less than ten feet where deemed essential for pedestrian traffic in commercial and industrial areas, schools, playgrounds, shopping centers, etc., unless otherwise approved by the city.

E.

A minimum five-foot-wide landscape strip(s) designed in accordance with city standards shall be required on every side of a lot that abuts an arterial, collector, or local street in a residential subdivision, provided that:

1.

The front yard setback may be reduced by five feet in the single-family residential district on lots with an approved landscaping strip.

2.

Every planter strip shall be:

a.

Irrigated and planted with grass;

b.

Include at least one street tree every 60 feet selected from a list provided by the city; and

c.

Be the continuing maintenance responsibility of the abutting property owner unless alternative arrangements have been approved by the city, such as maintenance by a professional landscaping firm hired by a homeowner's association.

F.

Stormwater improvements shall be designed and constructed in accordance with the provisions of the City of College Place engineering design standards and the most recent version of the Stormwater Management Manual for Eastern Washington, as adopted by the City of College Place.

G.

Bike lanes, designed and constructed in accordance with city standards, are required in residential subdivisions on all collectors and arterial streets.

H.

Public Utilities.

1.

Easements for fiber, cable, electric, telephone, television, water, gas, stormwater, sewer, and similar public utilities shall be a minimum width of ten feet, unless otherwise determined by the city to be of adequate width to maintain.

2.

The city may permit, in consultation with utility providers, the shared use of selected easements by compatible utilities, subject to certain conditions.

3.

The installation of utilities facilities should be underground.

4.

Public utility easements should be located along the front or rear property lines. If a side yard easement is needed, it shall be located adjacent to the lot line on one side of the lot line. Easements shall not be located on the lot lines.

I.

Parks and Open Space. All new subdivisions of ten or more lots shall set aside and improve, and/or make such payments and off-site improvements as may be necessary to mitigate the impacts of the proposed development and to implement the city's level of service standards for parks and open space, and trails.

1.

All proposed new subdivisions (ten or more lots) shall include provisions for at least 1,000 square feet of designated park and open space area per dwelling unit.

a.

A determination of the suitability of the land designated for park and open space purposes in accordance with the provisions of the city's parks, recreation, and open space plan shall be made by community development director or his/her/their designee in consultation with the city parks, arbor, and recreation board.

b.

Designated park and open space areas should be contiguous and shall be placed in a park and/or open space tract(s).

c.

Critical areas and their buffers shall not be considered as park or open space, unless specifically authorized in this chapter.

d.

Streets and associated median or planter strips, sidewalks, bike lanes, stormwater facilities, or areas required for the provision of utilities shall not be considered as park or open space, unless specifically authorized in this chapter.

e.

The project sponsor may propose to install and/or improve a trail(s) to city standards as a part of the required park and open space. Trails may be located in a critical area buffer in accordance with the provisions of the city's regulations to protect critical areas and the Washington State Environmental Policy Act, as well as all applicable local, state and federal laws and regulations.

f.

All required improvements shall be installed by the project sponsor, and inspected and approved by the city prior to final subdivision approval, provided that the city council may approve a financial guarantee provided by the project sponsor, in a format prescribed by the city attorney, to make the required improvements in accordance with an approved plan and specified timeline.

2.

Park and open space areas less than three acres in size shall be the ongoing maintenance responsibility of the homeowners in the subdivision, and:

a.

These park and open space areas shall be landscaped with grass, shade trees, shrubs, and an automated sprinkler system, as specified in a landscaping plan submitted for city review and approval.

b.

These park and open space areas should also include a children's playground and exercise equipment, benches, walking paths, picnic areas, a drinking fountain, garbage cans, and a pet waste station, as appropriate, or comparable improvements in accordance with the standards for neighborhood parks in the city's parks, open space, and recreation plan.

c.

The documents creating a homeowners' or property owners association, as regulated by state law, and/or any other documents establishing the maintenance responsibilities for the required park and open space areas shall be subject to city review and approval by the community development director or his/her/their designee in consultation with the city attorney.

3.

Park and open space areas greater than three acres in size may be proposed for dedication to the city, provided that:

a.

Priority consideration shall be given by the city to tracts three or more acres in size.

b.

These open space areas shall be landscaped by the project sponsor with grass, shade trees, shrubs, and an automated sprinkler system, as specified in a landscaping plan approved by the city.

c.

The project sponsor shall provide for the following improvements in accordance with the standards for neighborhood parks in the city's parks, open space, and recreation plan:

(1)

Picnic area;

(2)

Benches;

(3)

Walking paths;

(4)

Children's playground and exercise equipment;

(5)

Drinking fountain;

(6)

Garbage cans and pet waste stations;

(7)

Restrooms; and

(8)

Parking.

d.

Nothing in these regulations, shall preclude the project sponsor, or a homeowners' or property owners' association from proposing a dedication after final plat approval, in accordance with the provisions and standards of this chapter and the city's parks, open space, and recreation plan.

e.

The city's parks, arbor, and recreation board shall review proposed dedications and improvements and shall make a recommendation to the city council to accept, accept with modifications, or not accept a proposed dedication.

f.

If a proposed dedication is accepted by the city, the dedicated park and open space areas and improvements shall be owned and maintained by the city.

g.

Required park/open space areas not dedicated to the city shall be the ongoing maintenance responsibility of the homeowners in the subdivision. The documents creating a homeowners' or property owners' association, as regulated by state law, and any other documents establishing the maintenance responsibilities for the required park and open space area shall be subject to city review and approval by the community development director or his/her/their designee in consultation with the city attorney.

4.

As an alternative to the preceding regulations, the city may establish a park impact fee to mitigate the direct impacts associated with proposed subdivisions, provided that such fees shall be established by ordinance and shall comply with the provisions of RCW 82.02.060.

5.

Pending the adoption of a park impact fee by the city, a project sponsor may propose, subject to city council review and approval, a voluntary payment and/or a dedication of additional land, in lieu of providing some, or all, of the required parks and open space land and improvements.

a.

The voluntary payment or dedication shall be based on the assessed/appraised value of the land to be subdivided, and the estimated cost of the required improvements, as approved by the city.

b.

The value of the voluntary payment or dedication should meet or exceed the value of the required dedication or improvements.

c.

Voluntary payments shall be used by the city for the acquisition or improvement of land for park and open space purposes in accordance with the provisions of the city's parks, open space, and recreation plan within a one-half mile radius of the subdivision, unless otherwise agreed to by the parties.

d.

The following examples of voluntary payments or dedications are provided as a potential resource to project sponsors:

(1)

A new 43-lot single-family residential subdivision would be required to place in a park and open space tract and improve at least 43,000 square feet of land, in accordance with city standards. If the parcel to be subdivided had an assessed/appraised value of $1.00 per square foot, the project sponsor could propose a voluntary payment to the city of $43,000.00 plus the estimated cost of the improvements in lieu of setting aside and improving the required park and open space area.

(2)

A new 87-lot single-family residential subdivision would be required to place in a park and open space tract and improve just over two acres of land, in accordance with city standards. If the parcel to be subdivided had an assessed value of $1.00 per square foot, and the approved estimate of the cost of improvements to the two-acre park was approximately $130,000.00, the project sponsor could propose, in lieu of making the required improvements, to set aside three additional acres of park and open space and dedicate a total of five acres to the city. In this instance, the value of the additional three acres of land proposed for dedication to the city (three acres/130,680 square feet valued at $1.00 per square foot equals $130,000.00) would offset the estimated cost of the required improvement. If accepted, the city would then be responsible for the ownership, development, and maintenance of the park.

(a)

In the preceding example, the project sponsor could propose a combination of an additional set aside of land and payment in lieu of the required improvements. In this instance, the project sponsor could propose, in lieu of making the required improvements, to set aside two additional acres of land for parks and open space and dedicate a total of four acres to the city along with a voluntary payment of $43,000.00 to be used by the city for improvements to the park.

(3)

A new 15-lot residential subdivision with duplexes, would be required to place in a park and open space tract and improve 30,000 square feet of land, in accordance with city standards. If the parcel to be subdivided had an assessed/appraised value of $1.00 per square foot, the project sponsor could propose, in lieu of setting aside and improving the required park and open space area, a voluntary payment to the city of $30,000.00 plus the estimated cost of the improvements to be used to make improvements to a nearby city-owned neighborhood park.

(4)

A new ten-lot single-family residential subdivision would be required to place in a park and open space tract and improve 10,000 square feet of land, in accordance with city standards. In lieu of setting aside and improving the required park and open space area, the project sponsor could propose to spend at least an equivalent amount to construct a trail, built to city standards, to connect the subdivision with a nearby city-owned park.

6.

The city's parks, arbor, and recreation board shall review all proposed voluntary payments and/or dedications in lieu of setting aside or making required improvements and shall make a recommendation to the mayor and city council to accept, accept with modifications, or not accept the proposed voluntary payment.

7.

Nothing in these regulations is intended to interfere with:

a.

The completion of the required environmental review process and conditions of approval that may be required to avoid, minimize, or mitigate potential adverse impacts, or the use of the city's authority to deny an application that could create probable, significant adverse impacts that cannot be reasonably mitigated.

b.

The city and the project sponsor executing a development agreement, in accordance with the provisions of state law, that meets or exceeds the provisions of this chapter, based on a finding that it is in the public interest.

(Ord. No. 20-021, § 2(Exh. A), 11-24-2020; Ord. No. 21-017, § 1.c.(Exh. B), 11-23-2021; Ord. No. 24-002, § 40, 1-23-2024)

14.90.050 - General application requirements.

A.

All subdivisions, short plats, and binding site plans are subject to a four-step review and approval process in accordance with the provisions of this chapter and Chapter 14.30, Permit Processing Procedures. The steps include:

1.

Pre-application consultation and preparation of application materials;

2.

Preliminary review and approval;

3.

Civil plan review and approval, construction, inspection, acceptance of improvements, and the execution of access and maintenance agreements; and

4.

Final review and approval, including the establishment of monitoring protocols, as appropriate.

B.

Preliminary subdivision, short plat, and binding site plan applications shall include such forms, maps, plat maps, narrative, special studies, environmental assessments, drawings, and documentation as may be required by the city. This may include, but is not limited to the following:

1.

Required city application forms.

2.

A title report prepared no more than 30 days before the date the application is submitted.

3.

SEPA checklist and proposed mitigation measures.

4.

Required critical area reports.

5.

Required geo-technical reports and liquefaction assessment.

6.

Required cultural resources report or tribal documentation that a report is not required.

7.

Required traffic impact analysis.

8.

Utility plan.

9.

Preliminary stormwater design report.

10.

Proposed landscaping and screening plan.

11.

A description of proposed phasing plans.

12.

Proposed restrictive covenants to be imposed upon land within the subdivision.

13.

Survey.

14.

Proposed preliminary plat map that includes, but is not limited to:

a.

Name of subdivision, short plat, or binding site plan. This name must not duplicate the name of another subdivision in Walla Walla County (please check with Walla Walla County assessor).

b.

Date, north arrow, and scale of drawing.

c.

Vicinity map with the location of the proposed development.

d.

Proposed development boundaries, a legal description of the site, and location by section, township, and range.

e.

Names, addresses, and telephone numbers of the owners, contact person, designer or engineer, and surveyor, and the date of the survey with surveyor's certificate.

f.

Existing and proposed public and private streets, tracts, driveways, open space, parks, trails, etc. with location, names, right-of-way dimensions, and approximate radius of street curves. Tracts shall also have approximate dimensions, area calculation in square feet, and identification numbers or letters.

g.

Lot and block dimensions, area calculation in square feet, and building setbacks for all lots.

h.

The location, width, and purpose of all existing and proposed easements.

i.

Monuments.

j.

Proposed uses of the property, including all areas proposed to be dedicated to the public, or preserved as open space, for the purpose of surface water management, recreation, or other use.

k.

Ground elevations shown by contour lines at five-foot vertical intervals for ground slopes exceeding ten percent and at two-foot intervals for ground slopes of less than ten percent. Such ground elevations shall be related to some established benchmark or other datum approved by the city engineer.

l.

Existing structures that will remain on site including abandoned underground infrastructure, such as septic tanks.

m.

Conditions of adjacent property platted or unplatted, and if platted, giving the subdivision name and showing the streets.

n.

Existing and proposed utilities.

o.

The proposed number and location of public or shared parking places.

p.

The location and proposed buffers of critical areas.

q.

Proposed phases of development, if applicable.

r.

Data table, as applicable:

(1)

Future land use map designations;

(2)

Existing and proposed zoning;

(3)

Existing and proposed land uses;

(4)

Proposed number of lots;

(5)

Residential density calculations;

(6)

Parks and open space calculations; and

(7)

Parking calculations.

s.

A place for required signatures, in a format prescribed by the city. This may include, but is not limited to:

(1)

Property owners of record;

(2)

Licensed surveyor;

(3)

Walla Walla County auditor;

(4)

Walla Walla County treasurer;

(5)

City community development director; and

(6)

City engineer.

C.

The city may approve, approve subject to conditions, or deny an application for a proposed subdivision, short plat, or binding site plan.

1.

Approval shall be based on a finding that the proposal:

a.

Conforms to the comprehensive plan and meets the requirements of this chapter;

b.

Makes adequate provisions for, water supply, sewage disposal, storm water management, fire protection, and other necessary services;

c.

Is accessible by city streets and provides means of ingress and egress in accordance with the provisions of the College Place engineering design standards; and

d.

Protects the public health, safety, and welfare and serves the public's interests.

2.

Conditions of approval may include measures necessary to assure compliance with applicable codes and ordinances of the city; to protect the health, safety and welfare of the public; or as mitigated by compliance with the State Environmental Policy Act; or as required by RCW 58.17.

D.

During the preliminary review of the application, the city shall determine whether appropriate provisions are made for, but not limited to: the public health, safety and general welfare; open spaces, parks and playgrounds; school grounds; streets, alleys, sidewalks and other public ways; water supplies; sanitary sewers; stormwater facilities; and, sanitary and solid waste disposal. The burden of proof shall lie with the applicant. If the city finds that such appropriate provisions are not made, the proposal will not be approved. As provided in RCW 58.17.110, the city may require dedication of land to any public body as a condition of approval.

1.

The city shall consider the physical characteristics of the proposal and may request that modifications be made or disapprove the application because of any identified or suspected natural limitations, including but not limited to slope, soil stability, flood hazard, inundation, swamp conditions, drainage conditions and location in or proximity to critical areas as described in Chapter 14.70. The burden of proving that disruption of areas identified or suspected of being critical will not endanger the public health, safety welfare, or the environment shall lie with the applicant.

2.

The city will consider the effects, if any, of a proposal on adjacent properties and on off-site or city-wide public facilities and services, such as existing parks, recreation facilities, schools, streets, transit facilities, and stormwater facilities. The city may require construction, repair, expansion, improvement or other provision of off-site improvements by the project sponsor. Such requirements may include but shall not be limited to dedication of land for right-of-way, resurfacing a street that provides access to a subdivision or replacement of inadequately sized off-site utilities whose capacity will be affected by the development.

3.

The city may condition the approval of a preliminary application in order to promote the public interest, safety, health and welfare. Conditions of approval shall be listed on the face of the plat, including that the city is a beneficiary of such conditions.

E.

Preliminary approval shall constitute authorization for the project sponsor to prepare detailed construction plans, profiles and specifications for the required improvements in accordance with the provisions of this title, the City of College Place engineering design standards, and applicable conditions of approval. Upon approval by the city, and the issuance of any permits that may be required, the project sponsor shall construct the required facilities and improvements.

1.

The project sponsor shall have five years from the date of preliminary approval to submit to the city a final application meeting all requirements of this title, or as otherwise provided in RCW 58.17. Failure to submit a final application within the five-year period shall result in expiration of preliminary approval; however, a project sponsor who files a written request with the city at least 30 days before the expiration of the five-year period may be granted up to a one-year extension upon a showing that the project sponsor has attempted in good faith to submit the final application within the five-year period. Good faith shall be interpreted as having made substantial progress in making improvements required under preliminary approval. Disapproval of a request for extension shall mean expiration of preliminary approval.

2.

The city may permit the proposal to be developed in two or more phases and may impose such conditions upon the filing of phases as it may deem necessary to assure the orderly development. Prior to the final approval of individual phases, the city may require additional conditions such as interim improvements, and/or a financial guarantee of the construction of required improvements in subsequent phases if it finds that such improvements are necessary to ensure that the phase being approved meets all conditions of the preliminary approval even though all phases have not been completed.

3.

The application for final approval of the first phase of a phased development shall be submitted to the city not later than five years from the date of the preliminary approval, and the applications for final approval of the subsequent phases shall be submitted in accordance with a timetable approved by the city.

F.

The project sponsor must inform the city if the phasing timetable cannot be complied with or construction of the development is to cease.

1.

The city reserves the right to require certain improvements to assure the health, safety and welfare of the public and residents will be satisfied.

2.

The city may accept financial guarantees for improvements not completed or voluntary payments in lieu of improvements in accordance with the provisions of Section 14.10.070, Financial Protections.

G.

Final Plat. Upon construction of all required improvements and the satisfaction of all conditions of approval, the project sponsor may prepare and submit in a format prescribed by the city, the final documents for city review and approval.

1.

The city may approve the final documents based on a finding that:

a.

All conditions of the preliminary approval have been met;

b.

All required improvements have been installed, inspected, and accepted by the city;

c.

Financial protections have been provided in accordance with this title to assure completion of the improvements;

d.

The requirements of local, state, and federal law and this title have been, or will be satisfied by the project sponsor; and

e.

Approval is in the public's interest.

2.

If any of the above criteria have not been met the city may return the application for final approval to the applicant for full compliance.

3.

Upon approval by the city, and all signatures have been made to the final documents, the project sponsor shall be responsible for transmitting all approved documents to the Walla Walla County assessor and auditor for recording. Failure to do so shall void the approval.

4.

After recording with the county auditor, the project sponsor shall provide such digital and hard copies as may be required by the city.

5.

No person shall transfer, sell, lease, or offer for transfer, sale or lease any land subject to the requirements of the subdivision, short plat, or binding site plan approval, until all required documents have been approved and properly recorded.

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

14.90.060 - Alterations and vacations.

A.

Any person may submit for city review and approval an application to vacate a subdivision, short plat, or binding site plan, or portion thereof, or any area designated for public use, in accordance with the provisions of this section and RCW 58.17.212, provided that:

1.

The application shall state the reasons for the proposed vacation and shall contain the signatures of all parties that have an ownership interest in the portion of the subdivision to be vacated;

2.

If the proposed vacation would affect any covenants or would alter the terms and conditions of plat approval, an agreement signed by all parties shall be submitted documenting agreement to the proposed termination or alteration of the covenants and conditions of approval;

3.

The city finds that the proposed alteration or vacation will not adversely affect the public health or safety and is in the public interest;

4.

The proposed vacation streets and roads must comply with the provisions of state law, including but not limited to RCW 35.79.030, 35.79.035, and 36.87.130; and

5.

The proposed alteration will be processed by the city in the same manner as a new application for a subdivision, short plat, binding site plan.

B.

When the vacation application is specifically for a city street, the procedures for street vacation in RCW 35.79 will be used. When the application is for the vacation of the plat together with streets, the procedure for vacation in this chapter will be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030.

C.

Proposed alterations to an approved subdivision, short plat, or binding site plan shall be classified as a major or a minor alteration and shall be processed in accordance with the provisions of Chapter 14.30, Permit Processing Procedures.

1.

Proposed alterations shall be considered major, based on a finding by the city that one or more of the following provisions is met:

a.

A change in the approved land use(s);

b.

An increase in the number of dwelling units;

c.

A change in the location or design of approved streets, driveways, or parking areas that affects traffic flows;

d.

A reduction in the approved parks or open space;

e.

Changes that require a new or supplemental environmental assessment; and/or

f.

Substantive changes to required mitigation measures or proposed improvements.

2.

Proposed alterations that meet or exceed the approved plans or that that do not meet the criteria for major alterations, may be considered by the city as a minor alteration.

D.

The city may approve an alteration or vacation of an approved subdivision, short plat, or binding site plan based on a finding that the proposal:

1.

Complies with the provisions of this title;

2.

Is in the public interest; and

3.

Does not adversely affect the public health, safety, and welfare.

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

14.90.070 - Boundary line adjustments.

A.

A boundary line adjustment is a mechanism by which the city may approve the alteration of a boundary line between legally created lots, provided that:

1.

Such an adjustment shall not create any additional lot, tract, parcel, site, or division, nor create lots which are nonconforming or more nonconforming than exists; and

2.

A boundary line adjustment may consolidate lots under common ownership.

B.

Applications for a boundary line adjustment shall be submitted in a format prescribed by the city and may include, but is not limited to:

1.

A preliminary survey map identifying:

a.

All existing and proposed lot lines and lot dimensions;

b.

Before and after legal descriptions;

c.

Footprints and dimensions of existing structures (including accessory structures) and setbacks from existing and proposed lot lines;

d.

The location and dimensions of driveways and public and private streets within or abutting the subject lots;

e.

Existing fences and walls;

f.

The location of critical areas, shoreline areas, and required buffers; and

g.

Any other information deemed necessary by the city to ensure compliance with the provisions of this Code and the College Place engineering design standards.

2.

Such forms as may be required by the Walla Walla County assessor or auditor.

C.

The city may approve an application for a boundary line adjustment based on a finding that:

1.

The boundary line adjustment does not result in the creation of any additional tract, lot, parcel, site or division;

2.

The lots, tracts, or parcels resulting after the boundary line adjustment meet all dimensional requirements specified for the applicable zone as outlined in this title, or do not increase an existing legal nonconformity;

3.

All lots modified by the boundary line adjustment have legal access meeting the standards of the City of College Place; and

4.

The boundary line adjustment does not violate an applicable requirement or condition of a previous land use action, subdivision, short subdivision or binding site plan.

D.

An approved boundary line adjustment must be recorded by the applicant with Walla Walla County within 90 days of approval, along with the submission of any forms that may be required by the county, provided that:

1.

The applicant shall provide the city with a copy of the recorded documents and submitted forms; and

2.

The failure to record the boundary line adjustment as approved, or to provide the city with documentation of the recorded documents and required forms, within the required timeframes, will result in the nullification of the boundary line adjustment.

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