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HomeMy WebLinkAbout03/18/2026 - PacketORCHARD co4t Meeting Location: 216 Prospect Street Port Orchard, WA 98366 Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www. portorchardwa.gov Land Use Committee Land Use Committee Regular Meeting Wednesday, March 18, 2026 4:45 PM Remote Access Only Zoom Webinar Public Link: https://us02web.zoom.us/j/81034433449 Webinar ID: 810 3443 3449 Dial -in Number: 1-253-215-8782 1. Welcome and Introduction Land Use Committee members and City staff introductions 2. Discussion Items A. 1. Discussion: Elect Chair 2. Discussion: POMC 20.22, 20.80, 20.90, and 20.98 - Final Plat Processing Amendments 3. Discussion: Window Display Standards for Adult Retail Uses 4. Discussion: Potential Code Amendments for Increased Efficiency 5. Discussion: Notice Rules for Public Hearings 6. Discussion: Givens Park Master Plan 3. Adjounment Next Land Use Committee Meeting: April 15, 2026; 4:45pm. ADA Requirements In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe March 18, 2026 Meeting Agenda 1 For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. March 18, 2026 Meeting Agenda City of Port Orchard, WA CHAPTER 20.22 PERMITTING AND DEVELOPMENT APPROVAL - PERMIT PROCESS TYPES § 20.22.010. Classification. The review and approval of land use and development permit applications shall be classified as either Type I, II, III, IV, or V based on who makes the decision, the amount of discretion exercised by the decision maker, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. The types of decisions are set forth in this chapter. The application procedures identified in this chapter shall be pursuant to Chapter 20.24 POMC. § 20.22.020. Determination of types — Table. (1) Determination of Proper Decision Type. The director shall determine the proper review procedure for all land use and development permit applications and actions. If there is a question as to the appropriate type of process, the director shall resolve it in favor of the higher process type number. (2) Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. If the individual procedure option is chosen, the applicant will be eligible for any fee reduction contained in the current fee schedule. Table 20.22.020 — Permit Review Type Classifications Type I Type II Type III Type IV Type V Director Decision Director Decision HE HE Decision Judicial City Council Decision City Council Decision Judicial Appeal Appeal Appeal Judicial Appeal GMHB Appeal Building Permit' Short Plat, Unit Lot Preliminary Plat, Final -Plat -(Chapter Development (Subtitle X of this title) Subdivisions, Preliminary Plat Major 20.90 POMC) Agreement (Chapter Preliminary, Alteration Modifications, 20.26 POMC) of Preliminary, Alteration of Final, Alteration of Final, Vacation of Final Vacation of Final (Chapters 20.88 and (Chapters 20.86 and 20.96 POMC) 20.96 POMC) Binding Site Plan, Final Temporary Use Permit Variance (Chapter Site -Specific Rezone Comprehensive Plan (Chapter 20.94 POMC) (Chapter 20.58 POMC) 20.28 POMC) without Comprehensive Amendment — Land Plan Amendment Use Map Amendment, (Chapter 20.42 POMC) Text Amendment (Chapter 20.04 POMC) Preliminary Plat — Binding Site Plan — Conditional Use Permit Legislative Zoning Map Minor Modifications Preliminary, Alteration (Chapter 20.50 POMC) Amendment (Chapter (Chapter 20.88 POMC) of Preliminary, 20.06 POMC) Alteration of Final, Vacation of Final (Chapter 20.94 POMC) Downld,1 3-gRir&AI1 a69"eMdom/PO4594 on 2026-01-21 3 City of Port Orchard, WA § 20.22.020 Table 20.22.020 — Permit Review Type Classifications § 20.22.030 Type I Type II Type III Type IV Type V Director Decision Director Decision HE HE Decision Judicial City Council Decision City Council Decision Judicial Appeal Appeal Appeal Judicial Appeal GMHB Appeal Minor Land Disturbing Stormwater Drainage Shoreline Substantial POMC Title 20 Code Activity Permit Permit (Chapter 20.150 Development Permit, Amendment (Chapter (Chapter 20.140 POMC POMC) Conditional Use Permit, 20.06 POMC) and POMC and Nonadministrative § 20.150.100) Variance (Chapter 20.164 POMC) Boundary Line Sign Permit (if SEPA Planned Residential Annexations2 Adjustment (Chapter required) (Chapter Developments 20.84 POMC) 20.132 POMC) Code Interpretation Shoreline Substantial Final Plat —Alteration (Chapter 20.10 POMC) Development Permit, or Vacation (Chapter Administrative 20.96 POMC) (Chapter 20.164 POMC) Legal Nonconforming Sign Variance (Chapter View Protection Permit (Chapter 20.54 20.132 POMC) Overlay District POMC) (VPOD) Variance (POMC § 20.38.860) Short Plat, Final Major Land Disturbing Flood Damage (Chapter 20.86 POMC) Activity Permit Prevention Variance (Chapter 20.140 POMC (Chapter 20.170 and POMC POMC) §20.150. 100) Sign Permit (if SEPA Variance — Flood Damage not required) (Chapter Administrative Prevention Appeal 20.132 POMC) (Chapter 20.28 POMC) (Chapter 20.170 POMC) Master Sign Plan Final Plat (Chapter 20.90 POMC) Shoreline Permit Exemption (Chapter 20.164 POMC) Temporary Use Permit, Extension (Chapter 20.58 POMC) Notes: Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and recommendation (POMC § 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity reservation certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC), street use permit (Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC). ' If a building permit application does not require SEPA review, no public notice is required. If a building permit application requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to Chapter 20.25 POMC. 2 A development agreement that is consolidated with a Type I, II, III, or IV project permit application may be appealed pursuant to Chapter 36.70C RCW. § 20.22.030. Type I (administrative decision, judicial appeal). (1) General. Type I applications are defined pursuant to POMC § 20.22.020. All Type Down1&'flD33B$nlht131a69"eMdom/PO4594 on 2026-01-21 4 City of Port Orchard, WA § 20.22.030 § 20.22.040 I actions must meet all applicable requirements of the POMC in addition to the requirements specified in this subtitle. (2) Preapplication Conference. Type I applications do not require a preapplication conference. (3) Notice of Application. Type I applications do not require a notice of application, unless environmental review is required under SEPA pursuant to Chapter 20.160 POMC. (4) Review of Application. (a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application, or appropriate parts of the application. (b) Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall approve, deny, or approve with conditions all Type I applications. Conditions may be imposed directly on the plans (red -lining) or through other documentation reflected on the plans to ensure the requirements of city codes and regulations are met without going through another correction cycle before permit issuance. (5) Decision. (a) Unless a permit type has been excluded from the permit decision timelines established in POMC § 20.24.110, pursuant to RCW 36.70B.140, all Type I applications are subject to the permit decision timelines. If no correction cycles are required, review should be complete within approximately 30 calendar days from the date of technical completeness. Correction cycles will extend review time in proportion to the time the city must wait for an applicant to submit additional or corrected information. (b) The decision of the director may be reflected on the plans or permit itself or may be documented in a written report or letter of approval. (6) Notice of Decision. Public notice of a Type I decision is not required. The applicant shall be notified in writing or by email that the permit is ready to issue or the application is approved. (7) Administrative Appeal. There is no administrative appeal of a Type I decision except for decisions that are appealable to the building board of appeals in accordance with this title and the International Codes as adopted by the city. (8) Judicial Appeal. A Type I decision not appealable to the building board of appeals may be appealed directly to superior court. Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 5 City of Port Orchard, WA § 20.22.040 § 20.22.040 § 20.22.040. Type II (administrative decision, hearing examiner appeal). (1) General. Type II applications are defined pursuant to POMC § 20.22.020. All Type II applications must meet all applicable requirements of the POMC in addition to the requirements specified below. (2) Preapplication Conference. Type II actions are required to participate in a preapplication conference pursuant to POMC § 20.24.010. A limited preapplication conference may be allowed for projects that do not require substantial review by other departments such as variances and design review without SEPA or street improvement requirements. (3) Notice of Application. Type II applications require a notice of application pursuant to Chapter 20.25 POMC. (4) Review of Application. (a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application, or appropriate parts of the application. (b) Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall approve, approve with conditions, or deny all Type II applications. Conditions may be imposed directly on the plans (red -lining), through other documentation reflected on the plans, or in a written staff report or other decision document, to ensure the requirements of city codes and regulations are met without going through another correction cycle before permit issuance. (5) Public Hearing. No public hearing is required for Type II decisions. (6) Decision. Type II decisions are subject to the maximum 100 -day timeline requirement pursuant to POMC § 20.24.110. A decision for a Type II action shall be made in writing by the director and shall include the following information: (a) A description of the proposal and a listing of permits or approvals included in the application; (b) A statement of the applicable criteria and standards in this code and other applicable law; (c) A statement of background information and facts relied upon by the department which show the application does or does not comply with the approval criteria; (d) A summary of public comment received and how the department or applicant responded to the public comments or concerns; and (e) The decision to deny or approve the application and, if approved, any Downld,1 3-gRin1ht136-69"eMdom/PO4594 on 2026-01-21 6 City of Port Orchard, WA § 20.22.040 § 20.22.050 conditions of approval necessary to ensure the proposed development will comply with applicable law. (7) Notice of Decision. Public notice of a Type II decision shall be provided pursuant to POMC § 20.24.100. Notice of a short plat or binding site plan shall be provided in the same manner as notice of application as set forth in Chapter 20.25 POMC. (8) Administrative Appeal. A Type II decision, except for shoreline substantial development permits and shoreline variances, may be appealed to the hearing examiner within 14 calendar days of the notice of decision. A decision on a shoreline substantial development permit or shoreline variance may be appealed to the State Shorelines Hearings Board pursuant to Chapter 20.164 POMC. Shoreline appeal procedures and information are available from the department or from the State Department of Ecology. Administrative appeals of director decisions to the hearing examiner are to be made on forms provided by the city and shall include the following information: (a) A brief statement regarding how the appellant is significantly affected by or interested in the matter appealed; (b) A specific clear and comprehensible statement of the appellant's issues on appeal, noting appellant's specific exceptions and objections to the decision or action being appealed; (c) The specific relief requested, such as reversal or modification; and (d) Signature, address, and phone and fax number of the appellant, and name and address of appellant's designated representative, if any. Judicial Appeal. The decision of the hearing examiner on a Type II appeal may be appealed to superior court. (9) 101 For Final Plats, no notice of application or public hearing is required. Decisions are ministerial and may be appealed to the Hearing Examiner within 14 days. § 20.22.050. Type III (hearing examiner decision, judicial appeal). (1) General. Type III applications are defined pursuant to POMC § 20.22.020. All Type III applications must meet all applicable requirements of the POMC in addition to the requirements specified below. (2) Preapplication Conference. Type III applications are required to have a preapplication conference pursuant to POMC § 20.24.010. (3) Notice of Application. Type III applications require a notice of application pursuant to Chapter 20.25 POMC. (4) Review of Application. (a) The director shall commence permit review pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 7 City of Port Orchard, WA § 20.22.050 § 20.22.050 departments receive a copy of the application or appropriate parts of the application. (b) Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall prepare a written recommendation to the hearing examiner. The director's recommendation shall provide a description of the proposal, a listing of the permits or approvals included in the application, a statement of the criteria and standards applicable to the proposal, and a review of the background information and facts relied upon by the director for the recommendation. The recommendation shall enumerate any conditions needed to ensure the application meets each of the applicable decision criteria. (c) If a director recommendation is not available to the hearing examiner as provided in this section, the hearing examiner may reschedule or continue the hearing upon their own motion or upon the motion of a party, or the hearing examiner may decide the matter without the recommendation. (d) The director's recommendation, and any additional staff reports, shall be consistent with RCW 36.70B.060(5). (5) Public Hearing. A Type III action requires an open record hearing before the hearing examiner. (a) At least 14 calendar days before the date of the hearing, public notice of the hearing shall be provided consistent with the requirements of POMC § 20.25.050. (b) The director's recommendation shall be made available on the date the hearing notice is issued. (c) SEPA appeals for Type III decisions maybe consolidated with a public hearing as provided for in POMC § 20.160.240(5). (d) The burden of proof shall be on the applicant to demonstrate that the proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the appellant. (e) The public hearing shall be conducted pursuant to the hearing examiner's adopted rules and procedures and shall be recorded on audio or audiovisual tape. The hearing examiner may remand an application to staff at their discretion to allow staff to administratively address an issue or irregularity with the application or the processing thereof. (6) Decision. (a) A written decision for a Type III action shall be issued by the hearing examiner within 14 calendar days after the date the record closes, and not later than 170 calendar days after the issuance of the determination of technical completeness pursuant to POMC § 20.24.110, whichever is earlier, unless the applicant has Downld,1 3-gRin1hi136-69"eBRdom/PO4594 on 2026-01-21 8 City of Port Orchard, WA § 20.22.050 § 20.22.050 consented in writing to an extension of this time period. The hearing examiner's decision shall include the following information: (i) A description of the proposal and a listing of permits or approvals included in the application; (ii) A statement of the applicable criteria and standards in the municipal code and other applicable law; (iii) A statement of background information and facts relied upon by the hearing examiner which show the application does or does not comply with the approval criteria and standards; (iv) A summary of public testimony and public comment received and how the department or the applicant responded to the public testimony and public comments; and (v) The decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable law. (b) Notice of Decision. Public notice of a Type III decision shall be provided pursuant to POMC § 20.24.100. (7) Reconsideration. (a) The hearing examiner may reconsider a Type III decision if a written request for such administrative appeal is filed by a party of record within 14 calendar days of the date of the notice of decision. Grounds for requesting reconsideration shall be limited to the following: (i) The decision or conditions of approval are not supported by facts in the record; (ii) The decision contains an error of law; (iii) There is newly discovered evidence potentially material to the decision which could not reasonably have been produced prior to the open record predecision hearing; or (iv) The applicant proposes changes to the proposal in response to deficiencies identified in the decision. (b) Any request for reconsideration shall be mailed to all parties of record on the same day as the request is mailed or delivered to the hearing examiner. (c) A request for reconsideration shall stop the running of the judicial appeal period on a Type III decision for seven calendar days. During this time period, the hearing examiner shall decide whether reconsideration is appropriate. If the hearing examiner decides to reconsider the decision, the judicial appeal period will be placed on hold until the reconsideration process is complete and Downld,1 3-gRin1h1136-69"eMdom/PO4594 on 2026-01-21 9 City of Port Orchard, WA § 20.22.050 § 20.22.060 a new decision is issued. If the hearing examiner decides to reconsider a decision, all parties of record shall be notified. (d) The hearing examiner shall, by order, set a schedule for other parties of record to respond in writing to the reconsideration request and shall issue a decision no later than 14 calendar days following the due date for submittal of written responses. A new judicial appeal period shall commence from the date of the hearing examiner's decision on reconsideration. (8) Judicial Appeal. Type III decisions, except shoreline conditional use permits and any associated shoreline permits, may be appealed to superior court. Shoreline decisions are appealable to the State Shorelines Hearings Board. § 20.22.060. Type IV (city council decision, judicial appeal). (1) General. Type IV applications are defined pursuant to POMC § 20.22.020. All Type IV applications must meet all applicable requirements of the POMC in addition to the requirements specified below. (2) Preapplication Conference. Type IV applications are required to have a preapplication conference pursuant to POMC § 20.24.010. (3) Notice of Application. Type IV applications require a notice of application pursuant to Chapter 20.25 POMC. (4) Review of Application. (a) The director shall commence review of the permit application pursuant to Chapter 20.24 POMC. The director shall determine which city departments are responsible for reviewing or commenting on an application and shall ensure the affected departments receive a copy of the application or appropriate parts of the application. (b) Following a determination of technical completeness and determination of consistency pursuant to POMC § 20.24.090, the director shall prepare a written recommendation to the hearing body. The director's recommendation shall provide a description of the proposal, a listing of the permits or approvals included in the application, a statement of the criteria and standards applicable to the proposal, and a review of the background information and facts relied upon by the director for the recommendation. The recommendation shall enumerate any conditions needed to ensure the application meets each of the applicable decision criteria. (c) If a SEPA determination of nonsignificance (DNS) is issued for the proposal, the DNS will be issued in conjunction with the director's recommendation to the hearing body. (d) Within 14 calendar days of holding a public hearing, the hearing body shall Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 10 City of Port Orchard, WA § 20.90.030 issue a recommendation on the application to the city council. § 20.90.040 (5) Public Hearing. A Type IV action requires an open record hearing for a recommendation before either the hearing examiner or planning commission, pursuant to the requirements of the individual permit application requirements. (a) At least 14 calendar days before the date of the hearing, public notice of the hearing shall be provided consistent with the requirements of POMC § 20.25.050. (b) The director's recommendation shall be made available on the date the hearing notice is issued. (c) SEPA appeals for Type IV decisions may be consolidated with a public hearing as provided for in POMC § 20.160.240(5). The burden of proof shall be on the applicant to demonstrate that the proposal conforms to applicable codes and standards; except that for any SEPA DNS appeal, the burden of proof is on the appellant. (d) The public hearing shall be conducted pursuant to the hearing body's adopted rules and procedures and shall be recorded on audio or audiovisual tape. (6) Decision. Following receipt of a recommendation from the hearing body, the city council shall approve, approve with conditions, or deny a Type IV application by ordinance. Pursuant to POMC § 20.24.110, the city council's decision must be issued within 170 calendar days of the issuance of the determination of technical completeness, unless the applicant has consented in writing to an extension of this time period. (7) Administrative Appeal. There is no administrative appeal of Type IV decisions. (8) Judicial Appeal. A Type IV decision may be appealed to superior court. § 20.22.070. Type V (legislative actions). (1) General. (a) Type V actions are defined pursuant to POMC § 20.22.020. All Type V proposals are legislative actions, but not all legislative actions are Type V decisions. Legislative actions involve the creation, amendment, or implementation of policy or law by ordinance. In contrast to other types of actions, legislative actions apply to large geographic areas and are of interest to many property owners and citizens. (b) Type V actions are not subject to the application procedures in Chapter 20.24 POMC, unless otherwise specified. (2) Public Hearing. (a) The planning commission shall hold a public hearing and make recommendations to the city council on Type V actions. A notice for the public hearing shall be provided pursuant to POMC § 20.25.050. (b) The city council may hold a public hearing on Type V actions prior to passage of an ordinance or entry of a decision. Downld,t it—gRin AIU 6.69"eMdom/PO4594 on 2026-01-21 11 City of Port Orchard, WA § 20.90.030 § 20.90.040 (c) The planning commission and/or city council may require more than one public hearing for Type V actions. (d) Notice of a public hearing shall be provided to the public at least 14 calendar days prior to the hearing by publishing notice as provided for in POMC § 20.25.050. In addition to publishing notice and posting notice at City Hall, at least 14 calendar days prior to the hearing the city shall mail notice of the public hearing to the applicant, relevant government agencies, and other interested parties who have requested in writing to be notified of the hearing. If the legislative action is for a comprehensive plan amendment, notice of the public hearing shall also be posted and mailed pursuant to Chapter 20.04 POMC. The city may also provide optional methods of public notice as provided in Chapter 20.25 POMC. (3) Review. Review of Type V actions shall be pursuant to the applicable POMC chapter for each action. (4) Decision. The city council shall issue a final decision on all Type V actions by passage of an ordinance. (5) Appeals. A Type V decision may be appealed to the Growth Management Hearings Board pursuant to the regulations set forth in RCW 36.70A.290. (6) Legislative Enactments Not Restricted. Nothing in this section, chapter, or Chapter 20.24 POMC shall limit the authority of the city council to make changes to the city's comprehensive plan, as part of a regular revision process, or to make changes to the city's municipal code. Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 12 City of Port Orchard, WA § 20.90.030 CHAPTER 20.80 PROVISIONS § 20.80.010. Title. SUBDIVISIONS § 20.90.040 - GENERAL (1) The ordinance codified in this subtitle shall be known as the city of Port Orchard subdivision code. (2) This chapter shall be entitled "Subdivisions — General Provisions." The provisions of this chapter shall apply to all chapters within this subtitle. § 20.80.020. Authority. This subtitle is adopted pursuant to the provisions of Chapter 58.17 RCW and the general police powers granted to the city pursuant to Chapters 35A.13 and 35A.63 RCW and other applicable laws. Pursuant to RCW 58.17.100. City Council delegates final plat approval authority to the Community Development Director as an administrative decision under Chapter 20.22 POMC. § 20.80.030. Purpose. The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the subdivision of land, for obtaining binding site plans, unit lot subdivisions, and of the adjustment of existing lot lines within the city, ensuring: (1) That the highest feasible quality in subdivisions will be obtained; (2) That the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected, complying with the provisions of Chapter 58.17 RCW; (3) That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted; (4) That the proper provisions for all public facilities, including connectivity, circulation, utilities, and services, shall be made; (5) That maximum advantage of site characteristics shall be taken into consideration; (6) Undue and unnecessary burdens are not placed on either the applicant or the city; and (7) That the process shall be in conformance with provisions set forth in this title and the Port Orchard comprehensive plan. § 20.80.040. Applicability. (1) The provisions of this subtitle shall apply to all lot line adjustments and the division of any land within the corporate limits of the city of Port Orchard for sale, lease, transfer, or building development into two or more parcels, except as expressly stated in this subtitle. Downld,t il—gRin1h1136-69"eMdom/PO4594 on 2026-01-21 13 City of Port Orchard, WA § 20.90.030 § 20.90.040 (2) Land use review procedures provided in Subtitle II (Permitting and Development Approval) of this title shall apply in addition to applicable provisions within this subtitle. (3) No person, firm, or corporation proposing to make, or having made, any division of land as described above within the city limits shall enter any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a short plat, subdivision plat, unit lot subdivision, or binding site plan in accordance with this subtitle, unless such agreement for sale complies with RCW. (4) All contiguous land shall be included in a plat application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this subtitleThe applicant shall certify that they have included all contiguous land in a plat application and that they do not own or otherwise have a legal interest in ownership of contiguous parcels. (5) Any land being divided into nine or fewer parcels, lots, tracts, or sites shall conform to the short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has short -platted a parcel into fewer than nine lots from filing a short plat within a five-year period to create up to a total of nine lots within the boundary of the original short plat. Any land being divided into 10 or more parcels, lots, tracts, or sites for any purpose, and any land which has been divided under the short plat process within five years, shall conform to the provisions of the preliminary and final plat procedures of this subtitle. The only exception to this provision shall be those lands being subdivided through the binding site plan procedures of this subtitle. § 20.80.050. Exemptions. Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats and the provisions of this subtitle shall not apply: (1) Cemeteries and other burial plots while used for that purpose; (2) Divisions made by testamentary provisions, or the laws of descent; (3) Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with this subtitle; (4) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with this subtitle; (5) Lot line adjustments made pursuant to this subtitle; (6) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless service" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters and support structures; (7) A division of land related to the acquisition or exchange of land by public agencies for public use, except human occupancy, including but not limited to subdivisions Dowtdd01$34H9tn1ht136-69"eJdom/PO4594 on 2026-01-21 14 City of Port Orchard, WA § 20.90.030 § 20.90.040 made for road construction purposes; (8) Portions of property deeded to the city for the limited purpose of providing a right- of-way and/or utility facilities, such as but not limited to the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; or a pump house, reservoir or well site; provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the community development director is received; (9) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing affidavit so stating with the county auditor. § 20.80.060. Document forms. All short plats, final plats, unit lot subdivisions, replats or binding site plans shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision, unit lot subdivision, binding site plan, or boundary line adjustment, and easements, dedications, acknowledgements, and other statements, shall appear substantially in the form as follows, based on the type of land division to be recorded: (1) Easements (Sample Utility Easement). An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted. (2) Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed to the said donee or donees, grantee or grantees, for their use for the purpose intended by the grantors or donors. Know All Persons by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. This subdivision has been made with our fee consent and in accordance with our Downld,t it—gRin AIU 6.69"eMdom/PO4594 on 2026-01-21 15 City of Port Orchard, WA § 20.90.030 § 20.90.040 desires. IN WITNESS WHEREOF, we have hereunto set our hands and seals this — day of [Signature blocks and Notary Certificate to follow.] (3) Acknowledgements or Notary Certificate. The forms for notary certificates are set forth in RCW 42.44.100. (4) Surveyor's Certificate. I hereby certify that the plat of is based upon a complete and actual survey and subdivision of Section_, Township_, Range_, East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations. Certificate: Expiration: Date: (5) City Engineer's Approval. I hereby certify that this final/short plat/unit lot subdivision, is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat/ unit lot subdivision as to the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. Examined and approved by me this _day of _, 20_. City Engineer. (6) Community Development Director's Approval. I hereby certify that this final/short plat/unit lot subdivision is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat/ unit lot subdivision, as to the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. Examined and approved by me this _day of _, 20_. Community Development Director. (7) City Co,,nc;lFinal Plat Approval. SURVEYOR'S CERTIFICATE DownldAgB3Bk&AIU 1eIdom/PO4594 on 2026-01-21 16 City of Port Orchard, WA § 20.90.030 § 20.90.040 I hereby certify that this plat is based upon a complete and actual survey and subdivision of Section . Township . Range , East W.M.: that the courses and distances are shown correctly thereon; that the monuments have been set and the lot and block corners staked correctly on the ground: that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations. Registered Land Surveyor Certificate No. Date: CITY ENGINEER'S APPROVAL I hereby certify that this final plat is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval. I have approved this final plat as to layout of streets, alleys, rights -of -way, design of bridges. sewage and water systems, and other structures. City Engineer Date: COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL Pursuant to RCW 58.17.100 and delegated authority under POMC. I hereby approve this final plat, finding that it conforms to the terms of preliminary plat approval and applicable City and State law. Community Development Director Date: HEALTH/WATER-SEWER RECOMMENDATION Recommendation for approval provided by: Local Health Department / Water -Sewer Utility Date: CITY FINANCE DIRECTOR CERTIFICATION I hereby certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged. City Finance Director Date: DoweldAgB3BkiIlhUof69"eMdom/PO4594 on 2026-01-21 17 City of Port Orchard, WA § 20.90.030 § 20.90.040 COUNTY TREASURER CERTIFICATION This is to certify that all taxes heretofore levied and which have become a lien upon the lands herein described have been fully paid and discharged according to the records of my office. County Treasurer Date: COUNTY AUDITOR RECORDING Filed at the request of this day of . 20 , and recorded in Volume of Plats. Page(s) . Records of County. Washington. County AuditorApproved by the City Council of the City of , this City Clerk (8) City Finance Director Approval. I hereby certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. Executed this _day of , 20_. Finance Director (9) County Treasurer Approval. This is to certify that all taxes heretofore levied and which has become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and including the year _. Executed this _day of _, 20_. County Treasurer (10) County Auditor. Filed at the request of , this day of Downld,t il—gRin1hi136-69"eBRdom/PO4594 on 2026-01-21 18 City of Port Orchard, WA § 20.90.030 § 20.90.040 20_, and recorded in Volume of Plats, page(s) , Records of County, Washington. County Auditor § 20.80.070. Consent to access. All persons applying for approvals under this subtitle shall permit free access to the land subject to the application to all agencies with jurisdiction considering the proposal for the period of time extending from the date of application to the time of final action. § 20.80.080. Limitation of liability. It is the specific intent of this subtitle and procedures adopted under this subtitle to place the obligation of complying with the requirements of this subtitle upon the permittee, and no provision is intended to impose any duty upon the city, or any of its officers, employees, or agents. Nothing contained in this subtitle is intended to be or shall be construed to create or form the basis for liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions of this subtitle, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this subtitle or any procedures adopted under this subtitle by the city, its officers, employees, or agents. § 20.80.090. Severability. If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to other persons, property, structures, or circumstances shall not be affected. Whenever any condition or limitation is included in an order authorizing a planned development or any site plan approval, it shall be conclusively presumed that the authorizing officer or body consider such condition or limitation necessary to carry out the spirit and purpose of this subtitle or the requirement of some provision hereof, and to protect the public health, safety, and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 19 City of Port Orchard, WA § 20.90.030 § 20.90.040 CHAPTER 20.90 SUBDIVISIONS - FINAL PLAT § 20.90.010. Decision type — Review procedure. A final plat is a Type W -II land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC. However, Final Plats do not require a public hearing or notice of application. A Final Plat Decision shall be issued by the Community Development Director consistent with POMC 20.90.040 and may be appealed to the Hearing Examiner. § 20.90.020. Application. (1) Items Required for All Final Plat Applications. A complete final plat application shall include all of the following items listed in this section. The number of required copies shall be as indicated on the final plat application form. (a) The completed application form provided by the city, which shall include the name, address and telephone number of the subdivider, property owner, and the date of submission. (b) A final plat map meeting the requirements of preliminary plat approval, Chapter 20.88 POMC, and Chapter 58.17 RCW, in the form required by and including the certifications and dedications described in POMC § 20.88.050. Every plat containing a dedication filed for record must be accompanied by a recent title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication. Street names and lot address numbers shall be shown on the plat. Hard copies shall be 18 inches by 24 inches or larger, scaled at not less than one inch equals 100 feet. (c) A recordable survey and surveyor's signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250. (d) If the public facilities and improvements required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a development agreement, pursuant to Chapter 20.26 POMC), the subdivider's engineer shall provide cost information for the construction and installation of all public facilities not installed at time of final plat application, including, but not limited to, the following: (i) Water mains and appurtenances, including the costs of any other associated improvement by item, including water services; (ii) Storm drainage facilities; (iii) Sanitary sewer; (iv) Pedestrian/bike connections; (v) Landscaping, including street trees; and Down1d 39H9tn1htt36-69"eldom/PO4594 on 2026-01-21 20 City of Port Orchard, WA § 20.90.030 § 20.90.040 (vi) Other on- or off -site improvements as required. (e) As -built drawings. (f) Final plat compliance matrix. (g) Complete legal description of the property to be subdivided. (h) A vicinity map, approximately 800 feet to the inch. (i) Mathematical map check (lot closures). (j) Electronic submittal of all documents included in the final plat application, in high -resolution PDF or DWG format as appropriate. (2) Items That May Be Required for Final Plat Application. The items listed in this section shall be included with the final plat application if applicable, as determined by the director or the city engineer. The number of required copies shall be as indicated on the final plat application form. (a) Bill of sale for any infrastructure donated to the city. (b) Performance/maintenance bonds or other security with cost information by engineer. (c) Recorded off -site easements or dedications. (d) Water/sewer acceptance letter from West Sound Utility District. (e) Subdivision covenants, codes and restrictions (CCRs). (f) Stamped storm detention/retention system as -built verification. (g) Recorded storm system covenant. § 20.90.030. Prescribed form. The final plat shall be submitted to the city in the form and manner prescribed in this section. (1) Form. (a) The final plat containing all of the information specified in this chapter shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar film or better. The applicant shall also submit an electronic copy to the city of the approved final plat. All documents, maps, survey calculations, and notes shall contain the name of the subdivision, the name(s) of the applicant(s), and the name of the registered land surveyor responsible to the applicant(s); and (b) The plat map shall be 18 inches by 24 inches or larger with a one -half -inch border on the top, bottom, and right-hand margins and a two -and one -half -inch border on the left-hand or binding margin. (2) Specific Requirements. The final plat shall clearly show the following information: (a) The lines and names of all streets and other public ways, pedestrian/bike path Down1d 39R9tn1h1136-6"9 j1e dom/PO4594 on 2026-01-21 21 City of Port Orchard, WA § 20.90.030 § 20.90.040 connections, parks, playgrounds, and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision; (b) The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds, and easements adjacent to the subdivision, including municipal boundaries, township lines, and section lines; (c) The lengths and bearings of all straight lines, curve radii, curve delta, arcs, and semitangents (where appropriate) of all curves; (d) All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone; (e) All easements and associated restrictions and maintenance provisions; (f) Building setbacks; (g) Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined; (h) The area of all lots and tracts expressed in square feet; (i) Suitable primary control points, approved by the city engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred; (j) The location of all permanent monuments; (k) The names of all subdivisions immediately adjacent thereto; (1) The date, north arrow, scale, datum plane, and date of survey; (m) The boundary of the tract with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state; (n) A vicinity sketch map of approximately 800 feet to the inch; (o) Street names; (p) The stamp and signature of a surveyor licensed in the state of Washington; (q) All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth; (r) The scale of the plat will be 100 feet to the inch, or as approved by the director; (s) If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity; (t) Dedications statement; and (u) Signature block. Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 22 City of Port Orchard, WA § 20.90.040. Criteria for approval. The Community Development Director shall verify and document the following before granting final plat approval:A final plat application shall be approved if subdivision proposed fr aal: (1) Meets all general requirements for plat approval as set forth in POMC § 20.88.040; and (2) Substantially conforms to all terms of the preliminary plat approval; and Meets the requirements of Chapter 58.17 RCW, other applicable state laws, this chapter, and any other applicable city ordinances which were in effect at the time of preliminary plat approval'. (4) Confirmation that the engineering elements of the final plat meet all applicable city standards and requirements: 5) Written recommendation for approval from the local health department or the agency furnishing water and sewer services: 6) Verification that performance and/or maintenance bonds have been provided consistent with the requirements of POMC 20.98.030 to guarantee completion of required public improvements: (7) A survey prepared and certified by a licensed land surveyor in compliance with RCW 58.09 and RCW 58.17.250, and (3(8) Certification that all taxes and delinquent assessments for the property have been paid. § 20.90.050. Time limitation for approval. The final decision to approve or deny a final plat shall be made within 30 calendar days after the final plat application was detef.,.,ined com„'etefiled, unless the applicant consents to an extension of such time period. § 20.90.060. Recording — Expiration. (1) All final subdivisions shall be filed for record with the office of the Kitsap County auditor. The applicant shall furnish one copy of the recorded document to the department and one copy shall be filed with the office of the Kitsap County assessor. Approvals of final subdivisions shall automatically expire if the plans are not recorded within one year of the written approval date. (2)(3) Lots may not be sold until final plat is approved and recorded with County Auditor § 20.90.070. Effect of approval. Downld,1 3-gRin1hi136-69"eMdom/PO4594 on 2026-01-21 23 City of Port Orchard, WA (1) Any lots in a final plat or filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of 10 years from the date of filing if the final plat is within city limits, not subject to the requirements adopted under Chapter 90.58 RCW, and the date of filing is on or before December 31, 2007. (2) A subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of 10 years after final plat approval if the final plat is not subject to requirements adopted under Chapter 90.58 RCW and the date of final plat approval is on or before December 31, 2007, unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (3) Except as provided by subsection (1) of this section, any lots in a final plat filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015. (4) Except as provided by subsection (2) of this section, a subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Downld,1 3-gRin1ht136-69"eMdom/PO4594 on 2026-01-21 24 City of Port Orchard, WA Chapter 20.98 Improvements § 20.98.010. Purpose. The purpose of this chapter is: (1) To require the subdivider's submission of construction plans for development of the subdivision to the city for review and approval of specific construction details for all public facilities; (2) To ensure that the public facilities required as part of approvals granted under this subtitle are built according to city standards; (3) To address bonds between the city and property owners/subdividers, allowing a limited deferral for the construction of public facilities associated with the approval; and (4) To ensure that the required public facilities and public utilities are ready and available for use when needed by the users of the subdivision. § 20.98.020. Completion of public facilities and improvements. No final short plat, final plat of a subdivision, unit lot subdivision or final binding site plan can be approved or recorded until all of the public facilities and other improvements as specified in the short plat, preliminary unit lot subdivision, preliminary plat, or preliminary binding site plan are constructed in a satisfactory manner and approved by the responsible departments. As an alternative to such construction, the applicant may post a bond, or execute a development agreement, with appropriate security in order to record the short plat or obtain approval of the final plat, final unit lot subdivision, or binding site plan. § 20.98.030. Bonds. (1) Performance Bond May Be Posted in Lieu of Construction. The city, in its sole discretion, may waive the requirement that the public facilities or other improvements and dedications required under this chapter be completed/satisfied prior to the recording of the short plat or approval of the final plat, final unit lot subdivision, or final binding site plan, as long as the applicant posts a bond in accordance with this section. The city's decision to allow the applicant to post a bond allows the applicant to apply for building permits for lots in the plat, unit lot subdivision, or binding site plan before the dedications have been made or the improvements constructed. (2) When Performance Bond Is Appropriate. The city may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to: (a) The date of the applicant's request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat, final unit lot subdivision, or final binding site plan applications, and the applicant's progress to date toward the completion of the public facilities; (b) The consequences that could result from the applicant's construction of the Downld,1 3-gRin1h1136-69"eMdom/PO4594 on 2026-01-21 25 City of Port Orchard, WA homes or other development contemplated by the proposed approval, before the necessary public facilities are completed/installed; and (c) Any other issues that may affect the public health and safety. (3) Acceptable Bonds. No bond shall be accepted by the city unless it is submitted on the form approved in advance by the city attorney and from a bonding company licensed to do business in the state of Washington. The city engineer shall determine the amount of the bond, which shall be no less than 150 percent of the estimated cost of the public facilities or improvements. The city engineer shall make a recommendation as to the length of the bond, which shall be no longer than two years after the final approval. Warranty Bond. Once the public facilities have been constructed, the dedications made and city has inspected and approved the public facilities, the applicant shall provide the city with a warranty bond meeting all the requirements of this section to ensure the successful operation of the public facilities, for a period of two years after such inspection and approval. (5) Delegation of Authority for Bond Acceptance. The Community Development Director is delegated the authority to accept performance and/or maintenance bonds associated with final plat approvals, consistent with this section and POMC 20.90. Such bonds may only be accepted for improvements or dedications that, if deferred will not create an adverse impact on the public's health, safety, or general welfare. E4)(6) Limitation on Delegated Authority. If a proposed bond would cover improvements that are necessary to protect the public's health, safety, or general welfare, the authority to accept such bond remains with the City Council. In such cases, the Director shall prepare a recommendation and forward the matter to the City Council for consideration and approval. § 20.98.040. Temporary improvements. The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond with a cash escrow or cash set aside in an amount established by the city engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained, and timely removed. § 20.98.050. Cost of improvements. All required public facilities and improvements shall be constructed by the applicant/ property owner, at their sole expense, without reimbursement by the city, unless otherwise specified in the project permit approval or development agreement with the city. To the extent allowed by law, the city may form or cause to be formed a local improvement district or latecomers' agreement for the construction and financing of the required public facilities, excluding on -site improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow, or cash set aside) to construct the public facilities until complete or the city is satisfied that a subsequent guarantee will cover performance. Dowtdd,11$d4H9rAhi136-69"eMdom/PO4594 on 2026-01-21 26 City of Port Orchard, WA § 20.98.060. Inspection and acceptance of improvements. (1) General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the city engineer finds that one or more of the required public facilities or other improvements have not been satisfactorily constructed in accordance with the approved plans and specifications or other applicable standards or regulations, the subdivider/property owner shall be responsible for any corrections and completion of the improvements. (2) Release of Security. The city will not accept dedication of required public facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider, until the city engineer has submitted a certificate stating: (a) That all required public facilities or other improvements have been satisfactorily completed; and (b) The subdivider's engineer or surveyor has certified to the city engineer, through the submission of a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials and other information required by the city's public works standards, that the layout of the line and grade of all transportation facilities, public facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan. (3) City's Acceptance and Dedications. Upon the recommendation for approval of the city engineer, the city council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose; the approval of a final plat, absent such resolution or ordinance, shall not be deemed to constitute or imply acceptance by the city of any street, easement, park, or other improvement on the plat. (4) Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required public facilities until the dedication of same is formally accepted by the city. Following the acceptance of the public facilities, the subdivider shall provide a warranty bond or other security to the city as required by this chapter. (5) Issuance of Building Permits and Certificates of Occupancy. When a bond has been accepted by the city for the construction of public facilities or other improvements in a short plat, final plat, unit lot subdivision, or final binding site plan, the city shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the city. The city engineer may authorize the issuance of up to 50 percent of the building permits for the lots in the subdivision if: (a) The applicant is not in default of the subdivision improvement agreement; and (b) The applicant has constructed and the city has inspected/accepted the public facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted. Downld,1 3-gRin1ht136-69"eMdom/PO4594 on 2026-01-21 27 Potential Code Amendments for Increased Efficiency 1. Clarify Definitions for Common Terms — Add short, objective definitions for terms such as "minor modification," "similar use," and "substantial change." This reduces interpretation disputes and staff time spent on case -by -case determinations. Clear definitions also improve consistency with GMA requirements for predictable land -use regulation. 2. Expand Administrative Approval for Minor Site Plan Revisions - Allow staff to approve small adjustments, such as minor footprint shifts or modest parking count changes, without triggering a formal revision. This avoids unnecessary resubmittals and hearings. Objective thresholds ensure consistency and legal defensibility. 3. Create a Pre -Approved Landscaping Plant List - Adopt a citywide list of acceptable, climate -appropriate plants that automatically meet landscaping standards. Applicants selecting from the list bypass detailed landscape review. This reduces staff workload and aligns with state stormwater guidance. 4. Allow Administrative Deviations for Landscaping Quantities - Permit staff to approve small deviations (10-15%) when site constraints exist. This avoids variance applications for minor issues that do not affect project impacts. The deviation criteria can be tied to existing intent statements in Title 20. 5. Further Simplify and Standardize Parking Requirements - Convert narrative parking standards into simple tables with clear ratios and exemptions. This reduces interpretation time and eliminates back -and -forth with applicants. Streamlined parking tables are consistent with Washington planning practices. 6. Reduce the Number of Uses Requiring a Conditional Use Permit - Reclassify low -impact or commonly approved CUP uses as permitted or permitted -with -standards uses. This removes unnecessary hearings and discretionary review while maintaining performance -based safeguards. The change is fully consistent with state law because CUPs are a local choice, not a mandate. 7. Create Objective Design Standards with Graphics - Replace subjective design language with diagrams and measurable criteria such as facade articulation depth or window percentages. This reduces discretionary review and shortens staff evaluation time. Objective standards are encouraged under Washington planning law. 8. Consolidate Redundant Review Steps in Site Plan Approval — As an optional review process, create an application type which will combine overlapping reviews (building, design, landscaping, SEPA, and general development standards) into a single consolidated review. Applicants submit once, and staff review once. This reduces internal coordination time without reducing regulatory rigor. 9. Establish a Tiered Review Path for Conditional Use Permits - Create a "Minor CUP" category for low -impact uses that can be approved administratively with public notice but no hearing. This shortens timelines while remaining compliant with RCW 36.70B procedural requirements. It also reduces the burden on both applicants and staff. P