These regulations shall hereafter be known, cited and referred to as the plat and subdivision regulations of the City of Tacoma.
(Ord. 25532 § 1, 1994-06-28)
These regulations are being adopted in accordance with the goals and authority of the Washington State Growth Management Act of 1990, as amended, and Chapter 58.17 of the Revised Code of Washington, concerning plats and subdivisions. It is intended that these regulations provide an efficient, effective, fair and timely method for the submission, review and approval of plats, short plats, boundary line adjustments and binding site plan approvals.
(Ord. 25532 § 1, 1994-06-28)
A.
It is hereby declared to be the policy of the City of Tacoma to consider the subdivision of land and the subsequent development of the subdivision as subject to the control of the City of Tacoma pursuant to the City’s land use codes for the orderly, planned, efficient, and economical development of the community.
B.
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until adequate public facilities and improvements exist or proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreation facilities, and active transportation facilities. While planning public facilities and improvements for proposed subdivisions of land, consideration shall be given to adopted City policies relating to sustainability, smart growth, urban forestry, complete streets, connectivity, and green infrastructure practices.
C.
It is intended that these regulations shall supplement and facilitate the enforcement of the provisions, standards and policies contained in building and housing codes, zoning ordinances, the City of Tacoma’s Comprehensive Plan and applicable ordinances, manuals, design specifications, plans and guidelines, and elements thereof.
(Ord. 25532 § 1, 1994-06-28; Ord. 27079 § 10, 2003-04-29; Ord. 28157 Ex. D, 2013-06-25; Ord. 28470 Ex. C, 2017-11-21[1])
[1]
Code Reviser’s note: Ord. 28470, as extended by various ordinances, expired and was replaced by Ord. 28786 Amended, 2021-11-16.
(Definitions. Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 1, 1996-02-27; Ord. 25893 § 4, 1996-06-04; Ord. 27079 § 11, 2003-04-29; Ord. 27563 Ex. A, 2006-12-12; Ord. 27771 Ex. A, 2008-12-09; Ord. 28077 Ex. A, 2012-06-12; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28336 Ex. C, 2015-12-01; repealed and relocated to § 13.01.040 by Ord. 28613 Ex. G, 2019-09-24)
A.
These subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the corporate limits of the City of Tacoma.
C.
No building permit or certificate of occupancy shall be issued for any lot, tract, parcel, or site of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations.
D.
No new subdivision, parcel or lot shall be created that prevents compliance with the standards of this or any other applicable Code, Title or standard of the City of Tacoma.
(Ord. 25532 § 1, 1994-06-28; Ord. 27771 Ex. A, 2008-12-09)
In addition to the general provisions governing platting in the City of Tacoma as set forth in this chapter, platting shall also be governed by the provisions of Title 19 relating to Shoreline Management.
(Ord. 25532 § 1, 1994-06-28)
The provisions of this chapter shall not apply to:
A.
Cemeteries and other burial plots while used for that purpose;
B.
Divisions of land into lots or tracts each of which is one-one-hundred-twenty-eighth of a section of land or larger, or five acres or larger, if the land cannot be described as a fraction of a section of land; provided, that, for purposes of computing the size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the site lot lines of the lot running perpendicular to such center line;
C.
Divisions made by testamentary provisions or the laws of descent;
D.
A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is permitted to be placed upon the land and the City has approved a binding site plan for the use of land in accordance with the City’s zoning regulations.
(Ord. 25532 § 1, 1994-06-28; Ord. 28157 Ex. D, 2013-06-25)
The vacation of any binding site plan, plat, short plat, or portion thereof, is subject to the procedures set forth in RCW 58.17, applicable sections of the Tacoma Municipal Code, including Chapter 13.05 Land Use Permits and Procedures, and shall be reviewed for consistency with the Comprehensive Plan.
(Ord. 28077 Ex. A, 2012-06-12; Ord. 28511 Ex. B, 2018-05-15)
A.
A boundary line adjustment shall be a minor alteration in the location of lot boundaries of an existing lot. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments.
B.
Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations for the property in question.
C.
Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations.
D.
A boundary line adjustment shall not result in any parcel or lot that is inconsistent with or prevents compliance with the standards of this chapter or any other applicable Code, Title or standard of the City of Tacoma.
1.
Review process. The Director or designee has the authority to approve boundary line adjustments.
2.
Applications. Applications for boundary line adjustments shall be submitted to Planning and Development Services and shall include the following information:
a.
The existing lot lines (shown in dashed lines) and the area, in square feet, of each of the existing lots;
b.
The new lot lines (shown in solid lines) and the area, in square feet, of each of the new lots;
c.
The location of all structures and access drives on the lots and the distance of each from both the existing and proposed lot lines, when such distance is less than 25 feet.
3.
Recordation. All approved boundary line adjustments shall be recorded with the Pierce County Auditor’s office.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 2, 1996-02-27; Ord. 27017 § 1, 2002-12-03; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25)
A.
Divisions of commercial, mixed use, or industrial zoned land for sale or lease may be permitted by approval of a binding site plan by the Director or designee; provided, that the property to be divided has had land use actions specifying use and building, parking and driveway layouts.
B.
Applications for binding site plans shall be submitted in a manner consistent with applications for short plats.
C.
When considering requests for binding site plan approval, the Director shall utilize the criteria for approving short subdivisions. In addition, the binding site plan shall be consistent with the land use action precedent to the request for binding site plan approval.
D.
After approval of a general binding site plan, subsequent amendments shall be considered by the Director as a modification to the original approval.
E.
The approved binding site plan and any modification approved subsequently shall be recorded with the Pierce County Auditor’s office.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 3, 1996-02-27; Ord. 27017 § 2, 2002-12-03; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28511 Ex. B, 2018-05-15)
A.
Administration. The Director or designee is vested with the duty of administering the provisions of this section and with the authority to summarily approve or disapprove proposed preliminary and final short plats. The Director or designee may prepare and require the use of such forms and develop policies deemed essential to the effective administration of this code.
B.
Application. Applications for approval of preliminary short subdivisions shall be submitted to Planning and Development Services and shall be accompanied by a proposed short plat which includes pertinent survey data compiled as a result of a survey of the property made by or under the supervision of a Washington State Licensed Land Surveyor. In addition, an application will include a title report and free consent statement signed by all owners of land within the proposed short plat. All surveys shall be accomplished as required by the Survey Recording Act (RCW 58 and WAC 332), and shall be monumented in accordance with the Survey Recording Act and Public Works specifications. In addition to the survey data, the short plat application shall be considered complete when the following information is received by the Planning and Development Services Department:
1.
A completed application form including the following information: name(s), mailing address(es), and phone number(s) of applicant(s) and property owner(s); legal description of property; County Assessor’s parcel number; general location of property; current use of property; proposed improvements; signature of applicant(s); and date signed.
2.
A free-consent statement signed by all owners of the property.
3.
A current (within 90 days) title report or plat certificate.
5.
A transit access checklist, including a table showing the location and walking distance in feet to the nearest bus stop(s), the routes served by that stop, and the potential transit patronage calculated according to a formula and generation rates shown on the checklist, as required by the appropriate transit authority.
6.
A City-approved preliminary short plat layout drawing containing the following information:
a.
The name and address of the owner or owners of said tract;
b.
The legal description of the existing lot, tract, or parcel;
c.
The short plat shall show the bearings and distances on the exterior boundary with ties to at least two known monuments on the City of Tacoma horizontal grid system. The plan shall be to scale, have a north arrow, and display the date of preparation;
d.
The short plat shall show existing and proposed contours at intervals of five feet or less, sufficient to show drainage patterns;
e.
The names of all adjacent subdivisions and owners of adjoining parcels;
f.
All zoning districts as set forth in the Tacoma zoning ordinances;
g.
The boundary lines of the tract to be subdivided and their dimensions;
h.
The layout, names, and width of proposed public or private streets, alleys and easements;
i.
The location of all existing and platted streets, on-site private roadways, pedestrian ways, bike routes, rights-of-way, and section lines within and adjacent to the short subdivision. Show proposed pedestrian, bicycle, and vehicular connections within the short plat and connections to the existing routes outside of the proposed short subdivision;
j.
All public and private open space to be preserved or created within the short subdivision;
k.
Dedication of all streets, alleys, ways, and easements for public use;
l.
The locations of existing storm and sanitary sewers, water mains, electric conduits, or overhead power.
m.
The preliminary locations of proposed stormwater facilities and BMPs private and municipal stormwater systems required to serve each lot as well as any shared private and municipal stormwater BMPs systems that shall serve the development short plat/short subdivision;
n.
The accurate location, material and size of all monuments. Monuments shall meet the specifications of the Survey Recording Act and Public Works Department;
o.
Certification by a registered land surveyor to the effect that the short plat is a true and correct representation of the lands actually surveyed and that all the monuments shown thereon actually exist, or that, in lieu of their placement, a bond has been provided in conformance with Section 13.04.100K of this chapter, and that the location, size and material of the monuments are correctly shown.
7.
Additional application information which may be requested by the Department and may include, but is not limited to, the following: geotechnical studies, hydrologic studies, transportation impact studies, and wastewater capacity analysis.
C.
Stormwater vesting.
1.
Projects are considered to be vested to the current Stormwater Management Manual when:
a.
All relevant plans, specifications, and supporting documents necessary to meet the design requirements of the Stormwater Management Manual for the proposed project have been received by the City for review. This may include, but is not limited to, Civil Plans and Stormwater Site Plan including all necessary appendices.
b.
The City of Tacoma has deemed the permit application complete.
2.
Vesting for compliance with the Stormwater Management Manual is limited to timeframes specified in the most recent City of Tacoma Phase I Municipal Stormwater Permit.
D.
Process. Upon Submittal of a complete preliminary short plat/short subdivision application, at least one copy of the preliminary short plat shall be transmitted for review and comment to departments and agencies as determined by the Planning and Development Services Department. Short subdivision applications that are adjacent to a transit street or within 1,000 feet of a bus stop shall be forwarded to Pierce Transit for review and comment.
The Planning and Development Services Department shall assemble the agency comments and prepare a written preliminary report to the Director. The report shall contain an analysis of the applicable criteria for the approval of preliminary short subdivisions, public notice comments for five-to nine-lot short subdivisions, agency comments received, and requested conditions of approval.
At the time of submission of application for final short plat the applicant shall request creation of any required new address(es).
E.
Notification. Public notice required by this chapter shall be given in accordance with the provisions of Chapter 13.05 for five-to nine-lot short subdivisions. In the event that a proposed short subdivision within the City of Tacoma has a border coterminous with Tacoma’s city limits, a notice of filing shall be given to the appropriate county or city officials and in the event that the short subdivision within the City of Tacoma is adjacent to the right-of-way of a state highway, a notice of filing shall be given to the Washington State Department of Transportation.
Mailed notices required by these regulations shall provide a legal description of the property to be subdivided and a location description in non-legal vernacular.
F.
Approval. The Director or designee shall review the proposed preliminary short subdivision application. The preliminary short plat shall not be approved unless it is found that:
1.
Appropriate provisions are made for the public health, safety, and general welfare; and for open spaces; stormwater management, streets or roads; alleys; bike routes; other public ways; transit stops; potable water supplies; sanitary wastes; parks and recreation; playgrounds; schools and school grounds; and all other relevant facilities, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school and for transit patrons who walk to bus stops or commuter rail stations.
2.
The public use and interest will be served by the platting and dedication of such subdivision and dedication as set forth by the Comprehensive Plan and other adopted City ordinances, manuals, design specifications, plans, goals, policies, and guidelines.
Upon completion of the review, the Director shall consider the proposed short subdivision application and approve, disapprove, or return to the applicant for modification within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period. An appeal taken within 14 days of the Director’s decision will be processed in accordance with provisions of Chapter 1.23 of the Tacoma Municipal Code. If an environmental impact statement is required as provided in RCW 43.21C.030, the 30-day period shall not include the time during which the environmental impact statement was prepared and circulated.
G.
After approval of a preliminary short plat application by the Director, the short plat shall be filed with the Pierce County Auditor for recording, and only after such filing shall the short plat be deemed approved and accepted by the City of Tacoma, provided that:
1.
The final short plat drawing submitted for recording substantially conforms to the approved preliminary short plat and the approved preliminary short subdivision decision and is submitted within the time limits set forth in Chapter 13.05 of the Tacoma Municipal Code.
2.
All requirements specified in the preliminary short subdivision decision are fully complied with and all required public dedications and improvements, including, but not limited to, rights-of-way, easements, streets, alleys, pedestrian ways, bike routes, sidewalks, municipal and private stormwater systems, sewer systems, and water and electrical distribution systems, shall be provided in accordance with the requirements of this chapter, and any other applicable codes and ordinances of the City of Tacoma.
H.
Final short plat. The final short plat shall be submitted to the Planning and Development Services Department and shall be an accurate short plat for official record, surveyed and prepared by, or under the supervision of a Washington State Licensed Land Surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The final short plat shall be prepared in accordance with the regulations set forth in subsequent sections of this chapter and the City’s Comprehensive Plan and applicable ordinances, manuals, design specifications, plans and guidelines in Section 13.04.120. When the final short plat is submitted to the Planning and Development Services Department for processing, it shall be accompanied by two copies of a title report confirming that the title of lands, as described and shown on the short plat, is in the name of the owner(s) signing the certificate of the short plat. The final short plat will be reviewed by the City Engineer and representatives of the Water and Light Divisions of the Department of Public Utilities, and the Tacoma-Pierce County Health Department.
I.
Contents of final short plat. The final short plat shall be drawn to a scale of 100 feet or less, but, preferable, 100 feet to the inch, and shall show:
1.
Name of short subdivision.
2.
Name and address of the subdivider.
3.
North point, scale bar, and date.
4.
The boundary lines with accurate distances and bearings, and the exact location and width of all existing and recorded streets and ways and intersecting the boundary of the tract.
5.
True bearings and distances to the established street lines or official monuments, which shall be accurately described on the short plat; municipal, township, county, or sections lines accurately tied to the lines of the short subdivisions by distances and bearings.
6.
Streets, alleys and ways, together with their names, and any dedicated pedestrian ways, bike routes, and land for transit facilities within the short subdivision.
7.
The length of the arcs, radii, internal angles, points of curvature, length, and bearing of the tangents.
8.
All easements for rights-of-way provided for public services or utilities and any limitations of the easement.
9.
All block indications, lot numbers, and lot lines with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines.
10.
The accurate location, material, and size of all monuments. Monuments shall meet the specifications of the Survey Recording Act and Public Works Department.
11.
The accurate outline of all property which is offered for dedication for public uses with the purpose indicated thereon, and all property that may be reserved by deed covenant for the common use of the property owners in the short subdivision.
12.
Zoning districts as set forth in the Tacoma zoning ordinances.
13.
Private restrictions and their boundaries, as applicable.
14.
Certification by a Washington State Licensed Land Surveyor to the effect that the final short plat is a true and correct representation of the lands actually surveyed and that all monuments shown thereon actually exist, or, in lieu of their placement, that a bond has been provided in conformance with Section 13.04.090L of this chapter, and that their location, size, and material are correctly shown.
15.
Certification of approval by the City Engineer of all locations, grades, and dimensions of the short plat and the construction specifications.
16.
Dedication of all streets, alleys, ways, easements, parks, and lands for public use as shown on the short plat and as required by the City of Tacoma.
17.
All private easements (new or existing).
19.
All building setback lines.
20.
Common facilities and open spaces shall be located on separate, individual tracts, unless otherwise approved by the Director and shall be dedicated, reserved or otherwise held in common by a proportional ownership interest shared among all of the property owners within the short subdivision, or alternatively, and only if acceptable to the receiving public agency, dedicated to the public.
21.
Conditions of approval. Applicant shall include demonstration of compliance of conditions of preliminary short plat.
J.
Monuments to be placed prior to submission of final short plat. Prior to the time the final short plat is submitted to the Director, monuments shall be placed at angle points along the perimeter of the short subdivision at intervals designated by the City Engineer; and monuments shall also be placed at all intersections of centerlines of streets and at all locations where the centerlines of streets cross section lines or quarter section lines. Delayed monumentation of the interior of the short subdivision may be desirable pending completion of street and utility improvements. In that case, satisfactory completion of monumentation shall be secured in the form of a cash deposit or by inclusion in the performance bond. This provision shall not be construed to apply to boundary monumentation and survey.
K.
All final short plats hereafter shall contain the following dedicatory language:
KNOW ALL PEOPLE BY THESE PRESENTS: We (name of owners), the owners of the land herein described, embraced in and covered by said short plat, do hereby donate and dedicate to the public forever the streets, alleys, and public places shown hereon, together with a perpetual easement on and over the private property abutting upon said streets, alleys, and public places to construct and maintain all slopes, cuts, and fill occasioned by the original grading by the City of Tacoma and necessary to accomplish and maintain such original grade of said streets, alleys, and public places. Said owners, for themselves and their respective successors and assigns, waive all claims for damages to the property included in this short plat by reason of any cuts or fills made in streets, alleys, or public places shown hereon in the original grading thereof by the City of Tacoma, and further certify and swear that said land is free from all taxes and assessments which have heretofore been levied and become chargeable against said property, and further certify and swear that there are no encumbrances existing upon any of the land upon which streets, alleys, and public places have been herein donated and dedicated to the public, except for the encumbrances that are the property of the following named person(s):
(Name of person(s))
If any of these persons named as having encumbrances are lienholders, then the dedication language must also include the following:
KNOW ALL PEOPLE BY THESE PRESENTS: We (name of lienholders), who have liens upon the land herein described, embraced in, and covered by said short plat, do hereby, as to any of said property hereafter acquired, donate and dedicate to the public forever the streets, alleys, and public places shown hereon, together with a perpetual easement on and over said private property abutting upon said streets, alleys, and public places, to construct and maintain all slopes, cuts, and fills occasioned by the original grading by the City of Tacoma and necessary to accomplish and maintain such original grade of said streets and alleys. Said lienholders, for themselves and their respective successors and assigns, as to any of the property hereafter acquired, waive all claims for damages to the said property included in this short plat by reason of any cuts or fills made in streets, alleys, or public places shown hereon in the original grading thereof by the City of Tacoma.
L.
Conditions of approval of the final short plat. Before approval of the final short plat, the Director will require:
1.
That all street grading and grading along street lines, including sidewalk areas and bus stop areas, be approved by the City Engineer to ensure proper transition from street grade to adjacent property.
2.
Surfacing of all roadways, bike routes, and pedestrian ways with an all-weather surface approved by the City Engineer; this shall include the construction of curbs and gutters of Portland cement concrete or an equivalent as approved by the City Engineer in accordance with the specifications of the City of Tacoma.
3.
Installation of necessary facilities for the proper handling of stormwater including identification and design of all private stormwater systems that are required for each individual lot as well as any shared municipal or private stormwater systems that shall serve the platted development or ROW improvements related to the short plat, as approved by the City Engineer.
4.
Installation of necessary facilities for the disposal of sanitary wastes as approved by the City Engineer.
5.
Installation of necessary water supply systems, including fire hydrants, as approved by the Department of Public Utilities.
6.
Installation of the necessary electrical power facilities as approved by the Department of Public Utilities.
a.
As a condition of the final short plat, the Director shall require the petitioner or developer to install underground all public utility services such as electric, telephone, and CATV facilities, whether in streets, alleys, on public easements, or on private properties.
b.
The Director may, however, if the facts and circumstances in respect to some particular development in a proposed short plat so warrant, authorize a waiver or modification from the general requirement hereinabove set forth, but, in such cases, shall give the reasons and conditions therefore.
7.
The Director may also require the petitioner or developer, as a condition of approval of the final short subdivision, to install or construct certain improvements on existing rights-of-way abutting the short subdivision which are deemed necessary to control and expedite the movement of bicycles, automobiles, buses, and other vehicular and/or pedestrian traffic which would be generated by the development of the short subdivision.
8.
In lieu of the construction of the required public and private improvements before approval of the final short plat by the Director, the property owner shall post a performance bond, or cash deposit in lieu thereof, with the Planning and Development Services Department in an amount not less than the City Engineer’s estimate of the cost of the required improvements, and provide security satisfactory to the Planning and Development Services Department, guaranteeing that the required improvements shall be completed in accordance with the requirements of the City of Tacoma and within the specified period of time. The cash deposit, bond, or other security, as hereinabove required, may also secure the successful operation of required improvements for a two-year period after final approval.
All required improvements shall be completed by the property owner or designee within one year from the date of the approval of the final short plat by the Director unless waived by the department, or departments, requiring such improvements. If said required improvements are not completed in the specified time, or the required improvements do not operate successfully for two years after completion, the City may use the applicable bonds or other security, or any portion thereof, to complete the same, correct any deficiencies in, or make any repairs to, constructed improvements which fail to successfully operate for two years after completion and final approval. After approval of the final short plat by the Director and recording by the County Auditor of Pierce County, the property owner may petition for, and have established by the City Council, a local improvement district in accordance with the state statutes and ordinances of the City of Tacoma to cover the cost of all required improvements not previously constructed. The Planning and Development Services Department and/or the Public Utilities Department may authorize cancellation of the previously posted performance bond or security, or a portion thereof, for installation of the required improvements after final establishment of a local improvement district by the City Council and the execution of a contract therefore.
9.
A house numbering system.
10.
Sidewalks shall be required along all lot frontages within a short subdivision as a condition of the building permit for the development of each lot within a short subdivision. The required sidewalk(s) along lot frontage(s) shall be constructed prior to the final inspection for any structure constructed upon such lot as provided for in Ordinance No. 19486 of the City of Tacoma or, in lieu of actual construction of required sidewalks, a performance bond or cash deposit shall be posted with the Planning and Development Services Department ensuring that sidewalks will be constructed within a period of one year.
If required as a condition of the preliminary short subdivision, sidewalks abutting private, common, or public open spaces within a short subdivision shall be constructed in conjunction with the construction of the streets within the subdivision and, in lieu of actual construction, surety guaranteeing their installation shall be provided in accordance with the provisions contained in paragraph 8 of this subsection.
M.
Approval of final short plat. Approval of the short plat drawing shall be indicated by the signatures of the City Engineer and the Director of the Planning and Development Services Department on the original reproducible final short plat.
The approval of the final short plat by the Director shall be deemed to constitute acceptance by the public of the dedication of any street or other proposed public way or space, but only after such short plat has been recorded by the Pierce County Auditor.
Approval of the final short plat by the Director shall be null and void if the short plat is not recorded within 90 days after the date of approval, unless, during said 90-day period, written application to the Director for an extension of time is made and granted.
N.
Issuance of building permits. The issuance of a building permit or other development permit for the development of a short subdivision may be delayed or issued contingent upon the subdivider’s providing for adequate access, stormwater systems, sewer systems and water supply systems, and electrical power supply systems. If required improvements are not properly installed prior to the issuance of a building permit or other development permit, surety may be required in accordance with Section 13.04.090L of this chapter.
O.
The development of any improvements associated with a short plat will not be permitted until after a short subdivision approval decision is final, the applicant has submitted the final short plat and the necessary construction and site development documents in compliance with the short subdivision decision. It is anticipated that partial permits to allow grading, clearing, etc., may be issued prior to the issuance of the final short plat for streets and utilities. Development pursuant to Sections 13.04.300 (Model homes) and 13.04.305 (Temporary rental or sales offices, contractors’ offices and signs) are exempt from this provision.
P.
Resubdivision. Land within a short subdivision shall not be further divided in any manner for a period of five years from the date of filing of the short plat of said short subdivision with the Pierce County Auditor without the approval of a preliminary and final plat, except that when the short plat contains fewer than four parcels, the owner who filed the short plat may submit a revision within the five-year period to create up to a total of four lots within the original short plat boundary.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 4, 1996-02-27[1]; Ord. 25893 § 5, 1996-06-04; Ord. 27017 § 3, 2002-12-03; Ord. 27813 Ex. B, 2009-06-30; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28230 Ex. B, 2014-07-22; Ord. 28336 Ex. C, 2015-12-01; Ord. 28511 Ex. B, 2018-05-15; Ord. 28518 Ex. 6, 2018-06-26; Ord. 28613 Ex. C, 2019-09-24; Ord. 28821 Ex. F, 2022-06-28; Ord. 28906 Ex. B, 2023-08-15)
A.
Purpose. The purpose of this section is to allow subdivision of certain housing types listed as allowed uses in TMC Chapter 13.06 where subdivision is not otherwise possible due to conflicts between characteristics of the development type and applicable dimensional standards in TMC § 13.06.020. In such cases, the unit lot subdivision process provides opportunities for fee simple ownership of land as an alternative to condominium ownership. Unit lot subdivision applies the dimensional standards in TMC § 13.06.020 to the overall site, the “parent lot,” while allowing flexibility in the dimensional standards for the subordinate “unit lots.” This section is not intended to permit uses or densities that are not otherwise allowed in the land use designations in which a unit lot subdivision is proposed.
B.
Applicability.
1.
Only sites located in the Urban Residential (UR-1, UR-2, and UR-3) zoning districts may be subdivided into individual lots pursuant to this section. Residential types with stacked dwelling units are not eligible for unit lot subdivision within the structure.
2.
For previously developed lots, unit lot subdivision may be used to provide fee-simple ownership, provided that any buildings or structures are legally occupied, and provided the subdivision does not increase nonconformity to any City ordinance, or state or federal law. Inconsistency of existing development with the provisions of this section shall not constitute justification for a variance under TMC § 13.05.010.
C.
Deviation from dimensional standards. The overall development on the parent lot proposed for subdivision shall maintain consistency with the development standards applicable to the zoning district and the land use type at the time the application is vested, as specified by the applicable code provisions and this section. Subsequent additions or modification to the structure(s) shall not create any nonconformity of the parent lot. Deviation from setback, lot width, and lot area standards in TMC § 13.06.020 may be approved for individual unit lots through a unit lot subdivision, subject to any limitations in this section. Structures on unit lots and structures divided by unit lots that conform to a recorded unit lot subdivision shall not be considered nonconforming under TMC § 13.06.010.
D.
Subdivision of cottage or detached courtyard housing and detached dwelling developments on a single lot.
1.
The minimum parent lot size for detached dwelling developments shall be the minimum lot size set forth in TMC § 13.06.020.
2.
Setbacks from the perimeter property lines of the parent lot shall conform to the setbacks for the underlying zoning district where the development is proposed.
3.
Each structure shall be subject to the design standards referred to in TMC § 13.06.100F except where they conflict with the provisions of this section.
E.
Mobile home parks. Mobile home parks shall be eligible for unit lot subdivision where consistent with the criteria and standards in TMC Chapter 13.06.
F.
Approval process. Unit lot subdivisions shall be processed in the same manner as plats, pursuant to TMC Chapter 13.04, based upon the number of lots proposed. For subdivision of undeveloped land, any required site plan review process may be incorporated into the plat process.
G.
Application process. In addition to all submittal items set forth in TMC § 13.04.090 or .100, the applicant shall provide a narrative and plans (as appropriate) demonstrating that the proposal meets all requirements for zoning and site development.
H.
Approval criteria. In addition to any other standards and approval criteria applicable to a unit lot subdivision proposal, including but not limited to criteria in TMC Chapter 13.06 and this chapter, proposals shall be subject to the following:
1.
Each unit lot shall have access and service as required by utility providers.
2.
Each unit lot shall have perpetual access to any shared amenity space required per the applicable development standards for the underlying zoning district for the development type.
3.
All units shall have pedestrian access to an adjacent right-of-way, with a minimum access easement as required per the applicable pedestrian access standards of § 13.06.090F.
4.
Parking shall be calculated and designed for each unit lot in compliance with TMC § 13.06.090, although parking required for a dwelling may be provided on a different lot or tract within the parent lot as long as the right to use that parking is formalized by an easement declared on the plat. Where parking is provided on a different lot or tract the following sections of TMC § 13.06.090B shall not apply or shall be modified as indicated:
a.
TMC § 13.06.090C.11, Development Standards – Offsite parking.
b.
TMC § 13.06.090C.12, Development Standards – Shared parking.
5.
Access and utility easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association or other legally binding perpetual shared use and maintenance agreements shall be executed for use and maintenance of common garage, parking, and vehicle access areas; drainage facilities, underground utilities; common open space (such as common courtyard open space); pedestrian facilities; exterior building facades and roofs; and other similar features, and shall be recorded with the Pierce County Auditor on the face of the plat or in a separate document at the time the plat is recorded.
a.
A homeowners association or other form of legally binding perpetual shared use and maintenance agreement, which complies with the requirements of the utilities serving the property may be required when utilizing shared facilities.
b.
A separate tract for common areas, access, and utilities may be required in lieu of multiple easements.
6.
Subdivision of zero-lot-line developments shall provide a five-foot wide building maintenance easement on adjacent lots for external walls, eaves, chimneys, and other architectural features that rest directly on or within five feet of the lot line. The maintenance easement shall be shown on the face of the plat.
7.
The final plat map shall contain all required elements for final plat in TMC Chapter 13.04. In addition, the plat shall include the following:
a.
The areas and locations of all public and private streets and ways, parcel and lot lines, utilities, public and private street improvements, open spaces, and other items specified by Title 13.06;
b.
The site development, driveways, parking layout, landscaping, lighting, signs, building perimeters and elevations; and
c.
The use and type of proposed buildings.
8.
The final plat shall note:
a.
All conditions of approval;
b.
That unit lots may not be further subdivided.
c.
That unit lots are not buildable lots independent of the overall development; and
d.
That additional development of the individual unit lots, including but not limited to reconstruction, remodel, maintenance, and addition, shall comply with conditions of approval and may be limited as a result of the application of development standards to the parent lot or other applicable regulations.
(Ord. 28986 Ex. D, 2024-11-19)
The Director’s decision on a boundary line adjustment, binding site plan approval, or short subdivision shall be final unless a request for reconsideration or appeal is filed in accordance with the provisions of Chapter 1.23 of the Tacoma Municipal Code.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 5, 1996-02-27[1]; Ord. 27017 § 4, 2002-12-03; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28230 Ex. B, 2014-07-22)
A.
Application. Applications for preliminary plat approval shall be submitted to Planning and Development Services on forms provided by the City. The application shall be considered complete when the following information is received by Planning and Development Services:
1.
A completed application form including the following information: name(s), mailing address(es), and phone number(s) of applicant(s) and owner(s); legal description of property; assessor’s parcel number; general location of property; current use of property; proposed improvement; signature of applicant(s); and date signed.
2.
An environmental checklist or draft environmental impact statement.
3.
A free-consent statement signed by all owners of the property.
4.
A current (within 90 days) title report or plat certificate.
6.
A City-approved plat layout drawing containing the following information:
a.
The bearings and distances on the exterior boundary with ties to at least two known monuments on the City of Tacoma horizontal grid system. The plan shall be to scale, have a north arrow, and display the date of preparation.
b.
The legal description of the existing lot, tract, or parcel and the legal description of all proposed lots, tracts or parcels.
c.
The plat shall show existing and proposed contours at intervals of five feet or less, sufficient to show drainage patterns.
d.
The names of all adjacent subdivisions and owners of adjoining parcels.
e.
All the zoning districts as set forth in the Tacoma zoning ordinances.
f.
The location of all existing and platted streets, pedestrian ways, bike routes, recorded easements, rights-of-way, and section lines within and adjacent to the subdivision.
g.
All public and private open space to be preserved within the subdivision.
h.
A table showing the plat area, number of lots and minimum and average lot size shall be shown. The lot layout, numbers and lot dimensions shall also be shown on the final layout drawing.
i.
The layout, dimensions, and area of all existing and proposed parcels and tracts.
j.
The lot layout, lot numbers, and lot dimensions, and average lot width.
k.
The locations of existing stormwater systems and sanitary sewers, water mains and electric conduits or overhead power lines to be used to serve the property shall be shown at points of proposed connection.
l.
The preliminary locations of proposed municipal and private stormwater systems required to serve each lot as well as any shared private stormwater systems that shall serve the plat/subdivision.
m.
All existing buildings and required setbacks for each lot shall be shown.
n.
The mylar shall be stamped by a Professional Land Surveyor or Professional Civil Engineer licensed in the State of Washington.
7.
A transit access checklist, including a table showing the location and walking distance in feet to the nearest bus stop(s), the routes served by that stop, and the potential transit patronage calculated according to a formula and generation rates shown on the checklist, unless this information has already been provided in the checklist submitted pursuant to the State Environmental Policy Act (SEPA).
8.
Additional application information may be requested by the Department and may include, but is not limited to, the following: geotechnical studies, hydrologic studies, transportation impact studies, and wastewater capacity analysis.
B.
Process. Upon submittal of a complete preliminary plat application, Planning and Development Services shall transmit at least one copy of the plat for review and comment to departments and agencies as determined by Planning and Development Services. Preliminary plat applications for plats that are adjacent to a transit street or within 1,000 feet of a bus stop shall be forwarded to Pierce Transit for review and comment.
Planning and Development Services shall assemble the agency comments and prepare a written preliminary report to the Hearing Examiner. The report shall be transmitted to the Examiner and applicants a minimum of seven days prior to the date of the public hearing on the application. The report shall contain an analysis of the applicable criteria for the approval of preliminary plats, agency comments, an environmental determination and requested conditions of approval.
At the time of submission of application for final plat the applicant shall request creation of any required new address(es).
C.
Stormwater vesting.
1.
Projects are considered to be vested to the current Stormwater Management Manual when:
a.
All relevant plans, specifications, and supporting documents necessary to meet the design requirements of the Stormwater Management Manual for the proposed project have been received by the City for review. This may include, but is not limited to, Civil Plans and Stormwater Site Plan including all necessary appendices.
b.
The City of Tacoma has deemed the permit application complete.
2.
Vesting for compliance with the Stormwater Management Manual is limited to timeframes specified in the most recent City of Tacoma Phase I Municipal Stormwater Permit.
D.
Notification. Notices for any public hearing required by this chapter shall be given in accordance with provisions of Chapter 13.05. In the event that a preliminary plat of proposed subdivision with the City of Tacoma joins the municipal boundaries thereof, a notice of filing shall be given to the appropriate county or city officials and, in the event that a preliminary plat of a proposed subdivision within the City of Tacoma is adjacent to the right-of-way of a state highway, a notice of filing shall be given to the Washington State Department of Transportation.
Mailed notices required by these regulations shall give the time, date, and place of the hearing; a legal description of the property to be platted; and a location description in non-legal language.
E.
Hearing examiner or director review of preliminary plat.
1.
The Hearing Examiner or Director shall review the proposed preliminary plat. The preliminary plat shall not be approved unless it is found that:
a.
Appropriate provisions are made for the public health, safety, and general welfare, and for open spaces; stormwater management; streets or roads; alleys; other public ways; bicycle circulation; transit stops; potable water supplies; sanitary wastes; parks and recreation; playgrounds; schools and school grounds; and all other relevant facilities, including sidewalks and other planning features which assure safe walking conditions for students who walk to and from school and for transit patrons who walk to bus stops or commuter rail stations.
b.
The public use and interest will be served by the platting and dedication of such subdivision and dedication as set forth by the Comprehensive Plan and other Adopted City Ordinances, manuals, design specifications, plans, goals, policies, and guidelines.
2.
The Hearing Examiner or Director shall consider the proposed preliminary plat and shall issue a decision. An appeal taken within 14 days of the Director’s decision will be processed in accordance with provisions of Chapter 1.23 of the Tacoma Municipal Code.
3.
Approval of the preliminary plat is a tentative approval and does not constitute final acceptance of the plat. Approval of the preliminary plat, however, will be approved; provided, that:
4.
A decision on the preliminary plat shall be made by the Hearing Examiner or Director within 90 days from the date of filing with the City Clerk, unless the applicant consents to the extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement.
5.
A final plat meeting all requirements of this section shall be submitted to the Director within the following timelines: If the preliminary plat was approved on or before December 7, 2007, the final plat must be submitted within nine years of the preliminary plat approval. If the preliminary plat was approved after December 7, 2007 but on or before December 31, 2014, the final plat must be submitted within seven years of the preliminary plat approval. A preliminary plat approved after January 1, 2015 must be submitted for final plat within five years of the preliminary plat approval.
F.
Final plat approval. The final plat for the subdivision shall be submitted to Planning and Development Services and shall be an accurate plat for official record, surveyed and prepared by, or under the supervision of, a Washington State Licensed Land Surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The final plat shall be prepared in accordance with the regulations set forth in subsequent sections of this chapter and the City’s Comprehensive Plan and applicable ordinances, manuals, design specifications, plans, and guidelines, in section 13.04.120. When the final plat is submitted to Planning and Development Services for processing, it shall be accompanied by two copies of a title report confirming that the title of lands, as described and shown on the plat, is in the name of the owner(s) signing the certificate of the plat. The final plat will be reviewed by the City Engineer and by representatives of the Water and Light Divisions of the Department of Public Utilities, and the Tacoma-Pierce County Health Department.
Planning and Development Services shall prepare a report summarizing the findings and recommendations of the reviewing departments and agencies and shall file said report and request with the Director. The Director or designee shall review the final plat. The Director’s review shall be limited to ensuring that the final plat conforms to all requirements of this chapter and that all required improvements have been constructed or bonded. The Director shall issue a report approving or denying the final plat and shall transmit a copy of the report to the applicant and parties of record. The decision shall be final, unless appealed to the Hearing Examiner within 14 days of the date of the Director’s decision.
An applicant may develop a plat in two or more phases. If phasing is to be used in the development, it is recommended that an applicant identify the proposed phasing plan at the time of preliminary plat approval so that appropriate conditions for each phase can be developed. When an applicant requests final plat approval for a specific phase of a plat subsequent to approval of the preliminary plat, the Director shall determine, after consultations with affected departments and agencies, the conditions of approval necessary to support that phase of the development. Each phase of a plat must receive final plat approval within the time period identified in Section 13.04.100J.
G.
Contents of final plat. The final plat shall be drawn to a scale of 100 feet or less, but, preferably, 100 feet to the inch, and shall show:
1.
Name of subdivision.
2.
Name and address of the subdivider.
3.
North point, scale, and date.
4.
The boundary lines with accurate distances and bearings, and the exact location and width of all existing or recorded streets and ways intersecting the boundary of the tract.
5.
True bearings and distances to the established street lines or official monuments, which shall be accurately described on the plat; municipal, township, county, or section lines accurately tied to the lines of the subdivision by distances and bearings.
6.
Streets, alleys, and ways, together with their names, and any dedicated pedestrian ways, bike routes, and land for transit facilities within the subdivision.
7.
The length of the arcs, radii, internal angles, points of curvature, length, and bearing of the tangents.
8.
All easements for rights-of-way provided for public services or utilities and any limitations of the easement.
9.
All block indications, lot numbers, and lot lines with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines.
10.
The accurate location, material, and size of all monuments. Monuments shall meet the specifications of the Survey Recording Act and Public Works Department.
11.
The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon, and all property that may be reserved by deed covenant for the common use of the property owners in the subdivision.
12.
Zoning districts as set forth in the Tacoma zoning ordinances.
13.
Private restrictions and their boundaries, as applicable.
14.
Certification by a Washington State Licensed Land Surveyor to the effect that the plat is a true and correct representation of the lands actually surveyed and that all monuments shown thereon actually exist, or, in lieu of their placement, that a bond has been provided in conformance with Section 13.04.100J. of this chapter, and that their location, size, and material are correctly shown.
15.
Certification of approval by the City Engineer of all locations, grades, and dimensions of the plat and the construction specifications.
16.
Dedication of all streets, alleys, ways, easements, parks, and lands for public use as shown on the plat and as required by the City of Tacoma.
17.
All private easements (new or existing).
19.
All building setback lines.
20.
Common facilities and open spaces shall be located in separate, individual tracts unless otherwise approved by the Hearing Examiner, and shall be dedicated, reserved or otherwise held in common by a proportional ownership interest shared among all of the property owners within the subdivision, or alternatively, and only if acceptable to the receiving public agency, dedicated to the public.
21.
Conditions of approval. Applicant shall include demonstration of compliance of conditions of preliminary plat.
H.
Monuments to be placed prior to submission of final plat. Prior to the time the final plat shall be submitted to the Director, monuments shall be placed at angle points along the perimeter of the subdivision at intervals designated by the City Engineer; and monuments shall also be placed at all intersections of centerlines of streets and at all locations where the centerlines of streets cross section lines or quarter section lines. Delayed monumentation of the interior of the plat may be desirable pending completion of street and utility improvements. In that case, satisfactory completion of monumentation shall be secured in the form of a cash deposit or by inclusion in the performance bond. This provision shall not be construed to apply to boundary monumentation and survey.
I.
All final plats hereafter shall contain the following dedicatory language:
KNOW ALL PEOPLE BY THESE PRESENTS: We (name of owners), the owners of the land herein described, embraced in and covered by said plat, do hereby donate and dedicate to the public forever the streets, alleys, and public places shown hereon, together with a perpetual easement on and over the private property abutting upon said streets, alleys, and public places to construct and maintain all slopes, cuts, and fill occasioned by the original grading by the City of Tacoma and necessary to accomplish and maintain such original grade of said streets, alleys, and public places. Said owners, for themselves and their respective successors and assigns, waive all claims for damages to the property included in this plat by reason of any cuts or fills made in streets, alleys, or public places shown hereon in the original grading thereof by the City of Tacoma, and further certify and swear that said land is free from all taxes and assessments which have heretofore been levied and become chargeable against said property, and further certify and swear that there are no encumbrances existing upon any of the land upon which streets, alleys, and public places have been herein donated and dedicated to the public, except for the encumbrances that are the property of the following named person(s):
(Name of person(s))
If any of these persons named as having encumbrances are lienholders, then the dedication language must also include the following:
KNOW ALL PEOPLE BY THESE PRESENTS: We (name of lienholders), who have liens upon the land herein described, embraced in, and covered by said plat, do hereby, as to any of said property hereafter acquired, donate and dedicate to the public forever the streets, alleys, and public places shown hereon, together with a perpetual easement on and over said private property abutting upon said streets, alleys, and public places, to construct and maintain all slopes, cuts, and fills occasioned by the original grading by the City of Tacoma and necessary to accomplish and maintain such original grade of said streets and alleys. Said lienholders, for themselves and their respective successors and assigns, as to any of the property hereafter acquired, waive all claims for damages to the said property included in this plat by reason of any cuts or fills made in streets, alleys, or public places shown hereon in the original grading thereof by the City of Tacoma.
J.
Conditions of approval of the final plat. Before approval of the final plat of a subdivision, the Director will require:
1.
That all street grading and grading along street lines, including sidewalk areas and bus stop areas, be approved by the City Engineer to ensure proper transition from street grade to adjacent property.
2.
Surfacing of all roadways, bike routes, and pedestrian ways with an all-weather surface approved by the City Engineer; this shall include the construction of curbs and gutters of Portland cement concrete in accordance with the specifications of the City of Tacoma.
3.
Installation of necessary facilities for the proper handling of stormwater including identification and design of all private stormwater systems that are required for each individual lot as well as any shared municipal or private stormwater systems that shall serve the platted development or ROW improvements related to the plat, as approved by the City Engineer.
4.
Installation of necessary facilities for the disposal of sanitary wastes as approved by the City Engineer.
5.
Installation of necessary water supply systems, including fire hydrants, as approved by the Department of Public Utilities.
6.
Installation of the necessary electrical power facilities as approved by the Department of Public Utilities.
a.
As a condition of the final plat, the Director shall require the petitioner or developer to install underground all public utility services such as electric, telephone, and CATV facilities, whether in streets, alleys, on public easements, or on private properties.
b.
The Director may, however, if the facts and circumstances in respect to some particular development in a proposed plat so warrant, authorize a waiver or modification from the general requirement hereinabove set forth, but, in such cases, shall give the reasons and conditions therefore.
7.
The Director may also require the petitioner or developer, as a condition of approval of the final plat, to install or construct certain improvements on existing rights-of-way abutting the plat which are deemed necessary to control and expedite the movement of bicycles, automobiles, buses, and other vehicular and/or pedestrian traffic which would be generated by the development of the subdivision.
8.
In lieu of the construction of the required public and private improvements before approval of the final plat of a subdivision by the Director, the subdivider/property owner shall post a performance bond, or cash deposit in lieu thereof, with Planning and Development Services in an amount not less than the City Engineer’s estimate of the cost of the required improvements, and provide security satisfactory to Planning and Development Services, guaranteeing that the required improvements shall be completed in accordance with the requirements of the City of Tacoma and within the specified period of time. The cash deposit, bond, or other security, as hereinabove required, may also secure the successful operation of required improvements for a two-year period after final approval.
All required improvements shall be completed by the subdivider/property owner or designee within one year from the date of the approval of the final plat by the Director unless waived by the department, or departments, requiring such improvements. If said required improvements are not completed in the specified time, or the required improvements do not operate successfully for two years after completion, the City may use the applicable bonds or other security, or any portion thereof, to complete the same, correct any deficiencies in, or make any repairs to, constructed improvements which fail to successfully operate for two years after completion and final approval. After approval of the final plat by the Director and recording by the County Auditor of Pierce County, the subdivider may petition for, and have established by the City Council, a local improvement district in accordance with the state statutes and ordinances of the City of Tacoma to cover the cost of all required improvements not previously constructed. Planning and Development Services and/or the Public Utilities Department may authorize cancellation of the previously posted performance bond or security, or a portion thereof, for installation of the required improvements after final establishment of a local improvement district by the City Council and the execution of a contract therefore.
9.
A house numbering system.
10.
Sidewalks shall be required along all lot frontages within a subdivision as a condition of the building permit for the development of each lot within a subdivision. The required sidewalk(s) along a lot frontage(s) shall be constructed prior to the final inspection for any structure constructed upon such lot as provided for in Ordinance No. 19486 of the City of Tacoma or, in lieu of actual construction of required sidewalks, a performance bond or cash deposit shall be posted with Planning and Development Services ensuring that said sidewalks shall be constructed within a period of one year.
If required as a condition of the preliminary plat, sidewalks abutting private, common, or public open spaces within a subdivision shall be constructed in conjunction with the construction of the streets within the subdivision and, in lieu of actual construction, surety guaranteeing their installation shall be provided in accordance with the provisions contained in paragraph 8 of this subsection.
K.
Approval of final plat. Approval of the final plat shall be indicated by the signatures of the City Engineer, the Director, the City Treasurer, and the City Attorney on the original reproducible final plat.
The approval of the final plat by the Director shall be deemed to constitute acceptance by the public of the dedication of any street or other proposed public way or space, but only after such final plat has been recorded by the Pierce County Auditor.
Approval of the final plat by the Director shall be null and void if the plat is not recorded within 90 days after the date of approval, unless, during said 90-day period, written application to the Director for an extension of time is made and granted.
L.
The development of any improvements associated with a plat will not be permitted until after the approval of a subdivision decision is final, the applicant has submitted the final plat for recording and the necessary construction and site development documents in compliance with the subdivision decision. It is anticipated that partial permits to allow grading, clearing, etc., may be issued prior to the issuance of the final plat for streets and utilities. Development pursuant to Sections 13.04.300 (Model homes) and 13.04.305 (Temporary rental or sales offices, contractors’ offices and signs) are exempt from this provision.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 4, 1996-02-27[1]; Ord. 25893 § 6, 1996-06-04; Ord. 26386 § 31, 1999-03-23; Ord. 26934 § 8, 2002-03-05; Ord. 27813 Ex. B, 2009-06-30; Ord. 27893 Ex. A, 2010-06-15; Ord. 27995 Ex. B, 2011-06-14; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28230 Ex. B, 2014-07-22; Ord. 28336 Ex. C, 2015-12-01; Ord. 28518 Ex. 6, 2018-06-26; Ord. 28793 Ex. B, 2021-12-07; Ord. 28821 Ex. F, 2022-06-28; Ord. 28906 Ex. B, 2023-08-15)
The division of a lot located within a recorded binding site plan, plat or short plat shall be processed as a new application in accordance with this Chapter and other applicable sections of the Tacoma Municipal Code. Minor adjustments to existing lot lines within a recorded subdivision/short subdivision may be allowed in accordance with the procedures set forth in TMC § 13.04.085 for boundary line adjustments, provided no new lots are created.
(Ord. 28077 Ex. A, 2012-06-12; Ord. 28157 Ex. D, 2013-06-25)
The general requirements and minimum standards of design and development set forth in Sections 13.04.120 to 13.04.230, inclusive, of these regulations, and the City’s Comprehensive Plan, Subarea Plans, and applicable ordinances, manuals, design specifications, plans and guidelines in Section 13.04.120, are hereby adopted as the minimum requirements and standards to which a subdivision plat, including short subdivision, must conform for approval. However, the minimum standards found in Sections 13.04.120 to 13.04.230 may be waived as part of a subdivision/short subdivision decision upon a finding by the Hearing Examiner or Director that unique circumstances exist that make the strict application of the standards unreasonable.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28511 Ex. B, 2018-05-15)
The subdivision/short subdivision shall conform to and be in harmony with the Comprehensive Plan, Subarea Plans, Public Works Design Manual, Stormwater Management Manual, Mobility Master Plan Pedestrian and Bicycle Design Guidelines, Complete Streets Design Guidelines, Americans with Disabilities Act Self-Evaluation and Transition Plan, and other adopted guidelines, manuals, and design specifications as currently enacted or as may be hereafter amended.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28157 Ex. D, 2013-06-25; Ord. 28336 Ex. C, 2015-12-01; Ord. 28511 Ex. B, 2018-05-15)
A subdivision/short subdivision shall provide for the continuation of the multi-modal street and transportation system existing for pedestrian, bicycles, and vehicles in the adjoining subdivisions/short subdivisions, or of their proper projection when adjoining property is not subdivided/short subdivided, and shall be of a width not less than the minimum requirements for streets set forth in these regulations. Where, in the opinion of the Hearing Examiner or Director, topographic or other conditions make such continuation or conformity impractical, an exception can be made. In cases where the City Council itself adopts a plan or plat of a neighborhood or area of which the subdivision/short subdivision is a part, the subdivision/short subdivision shall conform to such adopted neighborhood or sub/area plan.
Where the plat subdivision/short subdivision submitted covers only a part of the subdivider’s tract, a sketch of the prospective future street system of the unsubmitted part shall be furnished, and the street system of the part submitted shall be considered in the light of adjustments and connections with the street system of the part not submitted.
Where a tract is subdivided/short subdivided into lots of an acre or more, the Hearing Examiner or Director may require an arrangement of lots and streets such as to permit a later resubdivision/short subdivision in conformity to the streets and other requirements specified in these regulations.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25)
A.
There shall be no reserve strips controlling access to streets except where such strips are controlled by the City under conditions approved by the Hearing Examiner or the Director. The land shall be subdivided/short subdivided, providing each lot, by means of either a public or private street or way, or permanent access easement, with satisfactory access to an existing public highway or to a thoroughfare as shown in the Major Street Plan, the Comprehensive Plan, applicable ordinances, manuals, design specifications, plans and guidelines in section 13.04.120, or an official map.
B.
Officially approved accessway. When considering a subdivision, short subdivision, boundary line adjustment and/or binding site plan approval, a public or private street or way, or permanent access easement, which does not conform to the minimum requirements of the City’s Comprehensive Plan and applicable ordinances, manuals, design specifications, plans and guidelines in Section 13.04.120, and which provides principal access to the property it is intended to serve, shall be found by the Director or Hearing Examiner to be adequate to provide all necessary ingress and egress to a parcel or parcels of land for specific uses subject to the following conditions:
1.
That a minimum of 10-foot-wide officially approved accessway be required for one dwelling unit, and a minimum of a 16-foot-wide officially approved accessway be required for two or more dwelling units, or for any use other than residential;
2.
That such officially approved accessway be permanent, unobstructed, and designed, improved, and maintained to accommodate fire apparatus and necessary mobile service equipment;
3.
That, if determined to be necessary for the convenience and safety of the residents served by said officially approved accessway, the Director or Hearing Examiner may require other reasonable standards and improvements of said officially approved accessway;
4.
That the ownership and control of said officially approved accessway be with the owner of the property it serves, unless other provisions are determined to be satisfactory;
5.
That the Hearing Examiner or Director may attach to such a determination reasonable conditions limiting and controlling the development of said parcel according to the practical capacity of said officially approved accessway and in the interest of the particular neighborhood and of the general public.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 5, 1996-02-27[1]; Ord. 27563 Ex. A, 2006-12-12; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25)
When the existing topography requires, the design of the subdivision/short subdivision shall be made so that the location of public or private streets or ways, or permanent access easements conform to the existing topography to the maximum extent feasible that desirable grades are secured and other requirements of these regulations are met and, especially, that desirable building sites are provided.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28157 Ex. D, 2013-06-25)
The widths for public or private streets or ways, or permanent access easements shall conform to the widths designated in the City’s Comprehensive Plan and applicable ordinances, manuals, design specifications, plans and guidelines in Section 13.04.120. In cases where topography or other conditions make a public or private street or way, or permanent access easement of this width impractical, the Hearing Examiner or Director may modify this public or private street or way, or permanent access easement width regulation.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25)
Pedestrian-scale streetlights shall be installed throughout the subdivision/short subdivision in accordance with the Illuminating Engineering Society (IES) Standards, to the approval of the City Engineer.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28157 Ex. D, 2013-06-25)
Roadways for arterial streets shall conform to the City’s Comprehensive Plan and applicable ordinances, manuals, design specifications, plans and guidelines in Section 13.04.120.
Roadways for public or private streets or ways, or permanent access easements serving residential development shall not be less than 28 feet; provided, however, where topographical or other conditions make a roadway of this width impractical, the roadway width may be reduced with approval by the City Engineer.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28157 Ex. D, 2013-06-25)
In general, the horizontal and vertical components of public or private streets or ways, or permanent access easement design shall conform with the latest current edition of “A Policy on Geometric Design of Highways and Streets” as published by the American Association of State Highway and Transportation Officials (AASHTO).
All non-arterial public or private streets or ways, or permanent access easements shall be constructed per the City of Tacoma standard details and specifications using either standard or pervious surfacing or alternative section subject to approval by the City Engineer. All design and construction features shall conform to design standards and policies of the City of Tacoma.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28336 Ex. C, 2015-12-01)
Whenever feasible, a subdivision/short subdivision shall provide for the continuation of the multi-modal street and transportation system existing for pedestrians, bicycles, and vehicles by connecting to and extending abutting streets, sidewalks, and bicycle facilities. Dead-end/cul-de-sacs shall be allowed only when the Director or Hearing Examiner makes a finding that a public or private street way or permanent access easement cannot be aligned with and connected to the surrounding street system for pedestrian, bicycle and vehicular connectivity within the proposed subdivision/short subdivision due to factors such as topographic constraints, proximity to critical areas, and/or limitations by reason of property ownership. If the Director or Hearing Examiner makes a finding that such connectivity is not reasonable for the subject subdivision/short subdivision, dead-end/cul-de-sac public or private streets or ways, or permanent access easements shall not be longer than 500 feet. Whenever feasible, such dead-end/cul-de-sac shall nonetheless incorporate at a minimum a pedestrian connection to the adjacent transportation network. Any dead-end/cul-de-sac public or private street or way, or permanent access easement in excess of 150 feet in length shall incorporate a turn-around designed in accordance with applicable ordinances, manuals, design specifications, plans and guidelines in Section 13.04.120 as currently enacted or as may be hereafter amended, subject to approval by the City Engineer or designee.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28157 Ex. D, 2013-06-25; Ord. 28336 Ex. C, 2015-12-01)
A minimum width of an alley in a residential block, when platted, shall be 20 feet. Alleys may be required in the rear of commercial and industrial districts and, where required, shall be at least 20 feet wide. If an alley is utilized for pedestrian access, additional width may be required, pursuant to City standards.
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 28511 Ex. B, 2018-05-15)
Where alleys are not provided, easements of not less than five feet in width may be required on each side of all rear lot lines or side lot lines where necessary for poles, cross-arms, guys, wires, appurtenances, conduits, storm and sanitary sewers, gas, water and heat mains. Easements of greater width may be required along lot lines or across lots where necessary for the extension of main sewers and other utilities.
(Ord. 25532 § 1, 1994-06-28)
Block length shall not exceed 660 feet. The width of blocks shall be such as to allow two tiers of normal lots.
(Ord. 25532 § 1, 1994-06-28)
A.
All side lot lines shall be at right angles to public or private street or way, or permanent access easement lines or radial to curved lines, unless a reasonable variation will give a better arrangement. Significant meandering of lot lines for the purpose of achieving minimum zoning lot size, frontage, width and/or setback standards which would result in the creation of development sites significantly inconsistent with a predominantly uniform development pattern of the surrounding area shall be prohibited. Lots with double frontage shall not be permitted except where unavoidable or when backing onto an arterial street.
 |
 |
 Examples of Significant Meandering of Lot Lines |
B.
Corner lots shall have width sufficient to permit required front and side building setbacks and buildable widths as required by the zoning ordinances or other City regulations.
C.
Lots on arterial street intersections shall have a corner radius of not less than 15 feet in the property line. This 15-foot radius is advisable in the property lines at all street intersections.
D.
Pipestem lots. The creation of pipestem lots shall be allowed in certain circumstances. The intent of these limitations is to minimize negative impacts of inconsistent development patterns while allowing land to be divided when more traditional layouts are not achievable. The creation of pipestem lots is not allowed when a lot configuration can be provided that is consistent with the established pattern on the block without significantly reducing the number of allowed lots (see examples provided below). Pipestem lots shall provide a lot extension or primary accessway which connects to a public or private street. The creation of a pipestem lot is allowed under the following circumstances:
1.
No more than one out of every three proposed lots is a pipestem lot; and
2.
One of the following are met:
a.
An existing dwelling which has been on the site for at least five years precludes a land division that is consistent with Section 13.04.230A and would otherwise not meet the lot width, frontage, or setback requirements without a pipestem configuration (see examples for R-2 District below); or
b.
The site has dimensions which preclude a land division that is consistent with Section 13.04.230A and would otherwise not meet the lot width, frontage, or setback requirements without a pipestem configuration.
Examples of allowed pipestem layouts In the first example, even though there is an established pattern on the block, the existing home prevents a property division consistent with that pattern. In the second example, the width and size of the property lends itself to a pipestem lot being created.  |
Example of a prohibited pipestem layout In this example there is an established pattern on the block and a division consistent with that layout can be provided without significantly reducing the number of possible lots. Instead of creating a pipestem lot, the property should be divided consistent with the existing pattern.  |
(Ord. 25532 § 1, 1994-06-28; Ord. 27563 Ex. A, 2006-12-12; Ord. 27995 Ex. B, 2011-06-14)
A.
Intent. Within the City there exist Planned Residential Development (PRD) Districts which have been designated and been subject to varying standards over time. Modifications to the existing PRDs are addressed in TMC § 13.05.130. With respect to Platting, the following requirements apply.
B.
Procedures.
1.
All preliminary plats within PRD Districts shall be considered by the Hearing Examiner, except for preliminary short plats considered by the Director subsequent to approval of a reclassification to a PRD District. The final plat/short plat shall be considered by the Director. The preliminary plat/short plat for a planned residential development may be submitted with the application for reclassification to a PRD District, and will then be processed concurrently with the reclassification application.
2.
The final plat for a PRD District may be considered as a final site plan for that portion of the PRD District to which it pertains.
3.
When the preliminary plat of a proposed subdivision in a PRD District is processed as the preliminary plan for the reclassification request, and/or the final plat is processed as the final site plan, the processing procedures for plats contained in this chapter shall be followed.
4.
All land within the Planned Residential Development District shall be subject to contractual agreements with the City of Tacoma and to recorded covenants approved by the City of Tacoma providing for compliance with the regulations and provisions of the district and the site plan or plat as approved.
(Ord. 25532 § 1, 1994-06-28; Ord. 25851 § 6, 1996-02-27; Ord. 25893 § 7, 1996-06-04; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28336 Ex. B, 2015-12-01; Ord. 28725 Ex. A, 2020-12-08; Ord. 28986 Ex. D, 2024-11-19)
The name of the proposed subdivision/short subdivision shall not duplicate the name of any other area within the City. A street name shall not duplicate the name of any other street or way within the City.
(Ord. 25532 § 1, 1994-06-28; Ord. 28157 Ex. D, 2013-06-25)
Due consideration shall be given by the subdivider to the allocation of suitable areas for schools, parks and playgrounds. Such land may be dedicated, by covenants in the deeds, for public use or reserved for the common use of all owners of property within the subdivision/short subdivision. Public open spaces shall conform to the Comprehensive Plan of the City.
(Ord. 25532 § 1, 1994-06-28; Ord. 27079 § 12, 2003-04-29; Ord. 28157 Ex. D, 2013-06-25)
The City Engineer shall completely check the final plat/short plat before giving approval. The City Engineer shall prepare an estimate of cost for field and office checking and for changing any office records. The subdivider shall thereupon deposit each estimated cost with the City Treasurer to be credited to the Department of Public Works Revolving Fund.
All work done by the City Engineer in connection with checking, computing and correcting such plat, either in the field or in the office, or for changing office records, shall be charged to such deposit. If, during the progress of such work, it shall appear that the cost thereof will exceed the amount deposited, the City Engineer shall notify the subdivider thereof and shall do no further work in connection with such plat until there shall be deposited such additional amount as may be necessary to cover the cost of such work.
Upon completion of the work of checking and correcting any such plat or correcting office records, a statement of the amount of the engineering charges against such proposed plat shall be rendered by the Finance Department and any balance of such deposit unexpended shall thereupon be refunded to the subdivider; or, in case the engineering charges shall for any reason exceed the amount so deposited, such amount shall be due and payable by the subdivider upon receipt of statement of engineering charges referred to herein.
(Ord. 25532 § 1, 1994-06-28; Ord. 28157 Ex. D, 2013-06-25)
An application for a building permit or other development permit for any lot, tract, or parcel of land divided in violation of state law or these regulations shall not be granted without prior approval by the Director. Approval shall only be given following an application for determination by the Director under which the applicant must demonstrate to the satisfaction of the Director that either the applicant is an innocent purchaser for value OR a public interest exists that meets the required criteria below:
Innocent Purchaser for Value | |
A. | The applicant purchased the lot, tract or parcel for value; |
B. | The applicant did not know, and could not have known by the exercise of care which a reasonable purchaser would have used in purchasing the land, that the lot, tract or parcel had been part of a larger lot, tract or parcel divided in violation of state law or these regulations. |
OR | |
Public Interest Determination | |
A. | The Tacoma-Pierce County Health Department has certified that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel are adequate and; |
B. | The City Engineer has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress, and with adequate drainage facilities, none of which interferes with or impairs existing or planned public highway and drainage facilities in the vicinity and; |
C. | The Planning and Development Services Department has certified that the proposed development will not adversely affect the safety, health, or welfare of owners of adjacent property or interfere with their enjoyment of their property. |
(Ord. 25532 § 1, 1994-06-28; Ord. 28157 Ex. D, 2013-06-25)
(Development of illegally divided land - Public interest determination. Ord. 25532 § 1, 1994-06-28; Ord. 27893 Ex. A, 2010-06-15; Ord. 28109 Ex. O, 2012-12-04; repealed by Ord. 28157 Ex. D, 2013-06-25)
Model homes may be constructed for 20 percent of the lots within a proposed subdivision/short subdivision, with a maximum of four model homes within any subdivision of five or more lots which has received preliminary plat approval. The purpose of the model homes shall be to demonstrate a variety of housing designs together with all associated on-site improvements, e.g., landscaping, improved driveway, patios. Model homes shall be established subject to the following criteria:
A.
Model homes shall meet all applicable codes of the City of Tacoma.
B.
Only one model home may be occupied as a temporary real estate office.
C.
Access and fire safety provisions shall be provided in a manner approved by the Building Official prior to construction of the model home. A model home may not be occupied as a dwelling unit or sold until the plat is recorded.
(Ord. 25532 § 1, 1994-06-28; Ord. 28157 Ex. D, 2013-06-25)
Temporary facilities, structures or signs for rental or sales offices; contractors’ offices; and advertising, directional and identification signs or structures may be utilized for the purpose of developing a new residential subdivision of five or more lots if:
A.
Located in the residential subdivision to be served, promoted, or advertised, and deals exclusively with the real property of said subdivision; and
B.
Structures and signs are removed upon buildout of the subdivision.
If a model home is occupied as a real estate office as identified in Section 13.04.300B a separate temporary rental or sales office shall not be allowed.
(Ord. 25851 § 7, 1996-02-27; Ord. 28157 Ex. D, 2013-06-25)
The subdivision and short subdivision of land in Critical Areas and associated buffers/management areas/geo-setbacks is subject to Chapter 13.11.280 and the following:
A.
Land that is located partially within a Critical Area or its buffer/management area/geo-setback may be subdivided provided that an accessible and contiguous portion of each new lot is located outside the Critical Area and its buffer/ management area/geo-setback.
B.
Access roads and utilities serving the proposed subdivision may be permitted within the Critical Area and associated buffers/management areas/geo-setbacks only if the Director determines that no other feasible alternative exists, and the project is consistent with the remaining provisions of this chapter.
C.
A protection covenant such as a Conservation Easement shall be recorded with the Pierce County Assessor’s Office for wetland, stream or natural area tracts that are created as part of the permitting process.
(Ord. 25532 § 1, 1994-06-28; Ord. 27431 § 2, 2005-11-15; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. D, 2013-06-25; Ord. 28518 Ex. 5, 2018-06-26)
(Violations − Penalties. Ord. 27431 § 3, 2005-11-15; repealed by Ord. 27912 Ex. A, 2010-08-10)