19.40.060 Criteria for approval.
A. Required Findings for Applicant. The applicant for a preliminary fee simple unit lot subdivision must demonstrate that the application complies with all of the following:
1. All applicable statutory provisions, including but not limited to RCW 58.17.195;
2. All applicable provisions of Chapter 19.50 LMC (short subdivisions) for divisions of nine lots or fewer;
3. All applicable provisions of Chapter 19.20 LMC (preliminary plats) for divisions of 10 lots or more;
4. The city’s comprehensive plan and all related elements, including, but not limited to, the comprehensive plan’s capital facilities, water, sewer and transportation elements;
5. Easements have been provided for maintenance of and access to walls, roofs and features of structures that are accessible only across abutting parcels;
6. Encroachment easements have been provided for any minor encroachments that may extend into abutting parcels, such as eaves, window sills, bay windows, and similar features purposefully designed to encroach over individual property lines within the fee simple unit lot subdivision; and
7. The submitted proposal and site plan complies with the underlying zoning requirements for the zone in which the project is located.
B. Required Findings and Conclusions for City Approval. A proposed preliminary fee simple unit lot subdivision application shall not be approved unless the city makes written findings and conclusions that:
1. All of the requirements in subsection (A) of this section are satisfied;
2. The collective lots in the property included in the preliminary fee simple unit lot subdivision will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking;
3. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and parks and recreation;
4. The public use and interest will be served by the approval of the fee simple unit lot subdivision;
5. The fee simple unit lot subdivision includes the following statement:
All development and use of the land described herein shall be in accordance with this fee simple unit lot subdivision, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more units or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This fee simple unit lot subdivision shall be binding upon all persons or entities now or hereafter having any interest in the land described herein.
6. The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements are identified and enforced by the covenants, easements or other similar mechanisms; and
7. The applicant agrees to install and dedicate all public facilities prior to the city’s approval of the final fee simple unit lot subdivision, unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. (Ord. 3176 § 6, 2016)