HomeMy WebLinkAboutExhibit 56-2 - Att A - ULS Fact Sheet 2025 updateUNIT LOT SUBDIVISIONS FACT SHEET | JULY 2025
Unit Lot Subdivisions
State Law Requirements
In 2023, Washington State Legislature amended RCW 58.17.060 to require all cities, towns, and counties to
include unit lot subdivision procedures in short plat regulations. RCW 58.17.060(3), established by Engrossed
Second Substitute Senate Bill (ESSSB) 5258 (Chapter 337, 2023 Laws), states:
“All cities, towns, and counties shall include in their short plat regulations procedures for unit lot
subdivisions allowing division of a parent lot into separately owned unit lots. Portions of the parent lot
not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots,
or by a homeowners’ association comprised of the owner s of the individual unit lots.”
In 2025, the legislature amended RCW 58.17.020 to define unit lot subdivision (ULS) terms and RCW 58.17.060
to provide unit lot subdivision requirements. This factsheet provides information and recommendations for all
cities and towns located in a county planning under RCW 36.70A.040, required to adopt ULS, to consider in
adopting local unit lot subdivision regulations. The Resources section, at the end of this Fact Sheet, provides
links to several adopted codes, a model code, and other references. Jurisdictions are encouraged to review
different approaches and adopt what works best for their local
context to implement land use and housing policies.
Adoption Deadlines
Jurisdictions required to submit their next comprehensive plan
periodic update in 2027 must include unit lot subdivision provisions
as part of their update. All other cities and towns must implement
the requirements within two years of the effective date of the bill,
which was May 20, 2025. After the applicable deadline, a city or
We strengthen communities
Agency contact
Lilith Vespier
INFILL HOUSING MANAGER
Local Government Division
Lilith.Vespier@commerce.wa.gov
Phone: 509-606-3530
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town must accept, process and approve an application, consistent with RCW 58.17.060.
About Unit Lot Subdivisions
A ULS creates new lots much like a typical subdivision, except a ULS allows flexible
application of dimensional standards. In a ULS, the development as a whole is on the
“parent lot” which conforms to the zoning dimensional standards while individual
“unit lots” are not required to. Unit lots (also called child lots) are individual, sellable,
legal lots of record with their own tax or parcel identification number.
Options for ownership
The ULS bill included an intent statement to “[increase] the supply and affordability of
condominium units and townhouses as an option for homeownership.” Unit lot
subdivisions are one method for dividing multiple housing units on a parcel into
individual unit lots for sale to individual owners, providing fee simple homeownership
opportunities. This is important to allow smaller units on smaller lots, allowing for a
more attainable ownership unit. Homeowners can then gain equity on the home.
Standards
State law provides that a ULS shall be included as a short plat process. This means a
maximum of four to nine unit lots may be developed, depending on how many lots the jurisdiction allows in a
short plat process and the number of housing units zoning permits on the parent lot. See the “Number of Unit
Lots” section below for more information.
State law also provides that portions of the parent lot not subdivided for individual unit lots shall be owned in
common by the owners of the individual unit lots, or by a homeowners’ association. See the “Common areas”
section below for more information. While state law does not provide any additional ULS guidance, a key
benefit of the unit lot subdivision concept is the flexible application of zoning dimensional standards. See the
“Dimensional standards” section below for details.
Example unit lot
subdivision with three
unit lots and a tract held
in common.
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Comparison of condominium and ULS
Unit lot subdivision is different from or an alternative to condominium ownership. The primary differences
between a ULS and condominium creation are described in the following table:
Unit Lot Subdivision Condominium
Options for ownership of
underlying land
• Individual
• Combination of individual and
common interest
• Common interest
Options for management of
common area(s)
• HOA
• Other formal common agreement,
including plat notes
• HOA
Allows separate ownership
of stacked unit(s)
No Yes
Allows separate ownership
of ADUs
Yes Yes
Warranty Not required Four-year implied warranty of quality
Processing
Short plat through jurisdiction State process with notice to county
auditor
May require jurisdiction process*
Typical Processing Steps
City/county platting process:
• Application
• Notice, if applicable
• Preliminary approval
• Final approval
• Recording
• Check with local jurisdiction for any
processing requirements
• Housing code inspection
• Issuance of a Notice of
Condominium Conversion
• Public offering statement
• Selling units to individual buyers
• Filing a declaration with the local
government
* Some jurisdictions require condominium conversions to be reviewed through a local process, such as a
binding site plan. The application and review processes should be clearly defined in a jurisdiction’s code.
A condominium and ULS can also be combined in cases where a unit lot has stacked units and separate unit
ownership is desired.
Considerations for ULS development regulations
Unit lot subdivision can be used with any type of attached or detached housing. If the goal is individual
ownership of each dwelling, the housing units cannot be stacked, as a ULS divides the land. Where units are
stacked, a condominium arrangement is the tool that can provide for separate sale.
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Left to right: Townhouses in Spokane, cottage housing in Kirkland, and a fourplex built behind an existing single-family residence in Seattle
The following examples illustrate how setbacks apply to a parent lot and unit lots.
1. Preserved single-family house with three attached units built in the back yard.
2. A cottage cluster development with a shared open space.
3. A townhouse development with a shared driveway.
4. A duplex with an accessory dwelling unit (ADU) on its own unit lot.
Special considerations for ULS with specific housing types are discussed below.
Middle housing
For jurisdictions required to allow middle housing under RCW 36.70A.635, and those seeking to promote
middle housing and homeownership, ULS is a valuable tool. While ULS’s have been popular in Washington for
townhomes and cottage housing, jurisdictions must allow a zero-lot line short subdivision where the number of
lots created is equal to the unit density for middle housing. ULS is the tool for separating middle housing types
including, but not limited to, townhomes, cottage housing, duplexes, triplexes, fourplexes, fiveplexes, and
sixplexes.
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Accessory Dwelling Units (ADUs)
Unit lot subdivisions may also be used to create individual unit lots for accessory dwelling units, in attached or
detached forms. Note that RCW 36.70A.681(1)(c) requires jurisdictions to allow at least two accessory
dwelling units (ADUs) on all “lots” that are located in all zoning districts within an urban growth area that allow
for single-family homes. The reference to “lots” in RCW 36.70A.681(1)(c) means parent lots that meet the
minimum lot size, and not unit lots. This is further emphasized by RCW 36.70A.681(1)(e) which states that the
ADU provisions apply to lots that meet the minimum lot size required for a principal housing unit.
RCW 36.70A.681(1)(k) also states that a city or county may not prohibit the sale or other conveyance of a
condominium unit independently of a principal unit solely on the grounds that the condominium unit was
originally built as an accessory dwelling unit. This is clear that ADUs are intended for separate sale as
condominiums, and by extension, unit lot subdivisions.
Detached houses
Unit lot subdivisions can also be used for detached single-family residences. This could come in multiple
forms to provide ownership opportunities, including:
• Preserving an existing home and adding infill housing (new middle housing and/or ADUs depending on
zoning provisions of the jurisdiction) elsewhere on the parent lot.
• Developing a new detached home together with new middle housing and/or ADUs on the parent lot.
• Developing multiple detached units, such as cottage housing, on a parent lot, if allowed by a jurisdiction.
Dimensional standards
A key benefit of a ULS is the flexible application of zoning dimensional standards. In a ULS, the development as
a whole on the parent lot must comply with applicable dimensional standards. However, individual unit lots are
not subject to dimensional standards that apply to the parent lot, such as (if applicable):
• Lot area, depth, and width
• Setbacks (front, side, rear, etc.) and setback projections
• Floor area ratio (FAR)
• Lot coverage (or building coverage)
• Impervious surface coverage
• Landscaped area minimum
• Any other standard based on the size or dimensions of the lot or distance from lot lines
Other dimensional standards, such as maximum building height, not related to the lot size and lot lines
continue to apply to individual unit lots. Also, note that ULS is not intended to permit land uses or densities that
are not otherwise allowed in the zone in which a ULS is proposed.
Example: A cottage housing development uses ULS to accommodate ownership of individual cottage lots. The
zone allows 60% maximum impervious surface coverage. The development as a whole is constructed with
55% impervious coverage on the parent lot, but some individual unit lots have impervious surface coverage of
80% or more (balanced by a large landscaped open space in the common area). Owners of individual unit lots
may increase their impervious surface coverage further (for example, by expanding the unit or creating a paved
patio) as long as the development’s entire impervious surface coverage does not exceed 60%. Commerce
recommends that jurisdictions require notes on the plat stating subsequent additions or modifications to
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structure(s) shall not create a nonconformity of the parent lot. Covenants, conditions and restrictions
(CC&Rs) and/or ULS bylaws should clearly identify procedures for property owners to address changes
affecting the conformity of the parent lot.
While unit lots do not have minimum area or dimensions, some jurisdictions provide minimum standards. The
City of Everett requires unit lots be “large enough” to contain a dwelling unit and accessory improvements such
as decks, fences, driveways and parking, and private yard areas. The City of Spokane allows a unit lot to be as
small as the footprint of the building situated upon it, subject to the requirements of the building and fire code.
Common areas
RCW 58.17.060(3) provides a standard for ownership and management of common areas: “Portions of the
parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit
lots, or by a homeowners’ association comprised of the owners of the individual unit lots.” Common area lots,
parcels, or tracts are also legal lots of record. Management topics for common areas include how they are
used by residents, procedures for maintenance and repairs, and responsibilities for utility bills and property
taxes.
Homeowner associations
Homeowner associations (HOAs) organize decision-making with formal processes. The HOA may also provide
standards or oversight on new development or changes within the parent lot/plat. They are most often
associated with larger residential developments or projects with common maintenance needs. Typically, an
HOA requires owners to pay monthly or yearly dues to cover upkeep and insurance costs. HOAs are regulated
by RCW 64.38 where the community is made up of homeowners owning individual lots and regulated by RCW
64.90 where there are condominium units on a single lot.
Common ownership
State law requires that “owned in common” arrangements be permitted as an alternative to HOAs for
managing common areas. This can include condominiums (RCW 64.34), common interest communities (RCW
64.90), associations of apartment owners (RCW 64.32), retirement communities, co-ops, and timeshares. It
can also mean there is no formal organization of owners
and that matters of common interest are managed
informally, which can be a risky arrangement when one
or more owners are resistant to make decisions or pay
their share of common costs.
Agreements
Access easements, joint use and maintenance
agreements, and CC&Rs identify the rights and
responsibilities of property owners and/or the bylaws of
an ownership association may be executed for the use
and maintenance of common areas and features. These
may cover topics such as:
A common area in Cully Green, a courtyard apartment
development in Portland, OR. Source: MAKERS.
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• Garages, automobile and bicycle parking, and
vehicle access areas
• Common yards, courts, landscaping, and
recreational elements
• Shared interior walls
• Exterior building facades and roofs
• Sheds and other accessory structures
• Solid waste collection areas
• Mailboxes
• Utility infrastructure and payments
Commerce recommends that jurisdictions require ULS to record agreements for the ownership and
management of common areas with the county auditor, along with the ULS.
Off-street parking
Within the parent lot, Commerce recommends providing the flexibility for required off-street vehicle parking to
be located in a common area or on a different unit lot than the lot with the associated dwelling unit. This
arrangement can be formalized with an easement. This option provides greater design flexibility, especially for
infill development on small lots where it may be impractical for every dwelling unit to have an adjacent private
parking space or garage. Removing off-street parking requirements for residential development can also
increase design flexibility and streamline the administration of unit lot subdivisions.
Administration
Parent lot size
Unit lot subdivisions should not have a minimum parent lot size separate from the zoning minimum lot size.
ULS is primarily intended for smaller site developments and individual ownership of infill housing opportunities,
such as middle housing, which cannot be accomplished by another process due to site size, building
configurations, or development regulations. However, ULS can also be used on large sites. It is not intended to
replace land division processes or function as a type of planned unit development. These examples are when a
unit lot subdivision are ideal:
• Existing lot, meeting the minimum lot size, with more than one dwelling unit attached or detached
• Existing lot, larger than the minimum lot size, but not large enough to short plat
• Existing lot, larger than the minimum lot size, but not able to short plat without removal of an existing
dwelling(s)
• Existing lot, regardless of size, developed with cottage housing or townhomes meeting the local
development regulations
Number of unit lots
RCW 58.17.060(3) requires that ULS regulations be adopted within “short plat” procedures. Under RCW
58.17.020 “short plat” is the map or representation of a short subdivision. A “short subdivision” is defined as:
"Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or
divisions for the purpose of sale, lease, or transfer of ownership. However, the legislative authority of any
city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short
subdivisions to a maximum of nine. The legislative authority of any county planning under RCW
36.70A.040 that has adopted a comprehensive plan and development regulations in compliance with
chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as
short subdivisions to a maximum of nine in any urban growth area.
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Setting the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine, as
allowed by the RCW, has the benefit of allowing more lots for residential development to be approved
administratively and promote infill development in urban growth areas. Note that “Tier 1” middle housing cities
subject to RCW 36.70A.635(1)(b) should allow unit lot short subdivisions of at least six unit lots to be
consistent with the number of middle housing units that must be allowed. See more information in
Commerce’s User Guide for Middle Housing Model Ordinances.
The requirement in RCW 58.17.060(3) is specific to including ULS procedures in short plat regulations.
However, cities, towns, and counties may also, if they choose, adopt ULS procedures in their subdivision
procedures, sometimes referred to as regular, major, or long subdivisions. For example, see Wenatchee
Municipal Code 11.32.080(3) and Anacortes Municipal Code 19.32.050(D)(1).
Utilities
When developing ULS criteria, utility purveyors should be consulted for the best or preferred practices. These
practices may vary if a ULS is proposed for a new development or an existing or older developed lot;
regardless, it may be beneficial to include an administrative option to deviate from the preferred practice to
expedite processing.
Utility purveyors (cities, special districts, and private purveyors) should consider flexible options for the design
of water, sewer, electrical, and other connections to buildings in unit lot subdivisions. There are advantages
and disadvantages to centralized and shared lateral connections and metering, as well as different ownership
arrangements. Each option will have cost implications, and other reasons that require a variety of approaches
which may be codified or administratively approved.
For example:
• A single-family dwelling with one or two accessory dwelling units should have the flexibility to record a
unit lot subdivision without changing the existing utilities.
• A townhouse developer could have an option to choose between a private master meter maintained by
a homeowner’s association and having separate meters for each unit.
Permit application and approval
The statute requires that unit lot subdivisions be “logically integrated with the application, review, and approval
procedures that apply to the underlying unit lot housing development project to the greatest extent feasible.”
After the adoption deadlines, no city or town may decline to accept, process, or approve an application for a
ULS, consistent with the procedural requirements of state statute, solely based on the city’s or town’s
incomplete adoption or enactment of the state requirements.
Timing
The local code should be clear about what documents are required for a ULS and the standards of review.
Allowing flexible timing in the ULS application process, such as accepting applications both before
construction begins and after completion, can benefit property owners and developers. For example, the owner
of an existing detached single-family residence could use a ULS to sell their backyard to a developer who then
builds an accessory dwelling unit or duplex on one unit lot, while the owner retains ownership of the existing
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residence on another unit lot. In another example, a townhouse development might first be developed as rental
housing under single ownership and later converted to ownership units with each townhouse unit sitting on its
own unit lot.
Applications
Additional items to consider requiring for ULS and with final plat applications may include:
• A site plan where each unit lot is uniquely labeled on the plat (such as Unit Lot A, Unit Lot B, etc.), showing
access, utilities, parking, setbacks, as would be required for a short subdivision
• The legal description, parcel number, and/or street address (existing and modified, if applicable) of the
original parent lot and for the new unit lots
• Access easements and easements for existing or new utility connections
• Joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the
rights and responsibilities of property owners and/or an ownership association for use and maintenance of
common areas and features
Processing considerations
A ULS must be noticed following RCW 36.70B.110, notice of application to the community and property owners
withing 250 feet of the ULS including through notice posted on the closest public sidewalk or roadway.
Comments are provided to the administrative decision maker who is tasked with making a decision based on
“clear and objective design and development standards” within the time periods established for local
government actions, as set forth in RCW 36.70B.080, unless extended pursuant to project -specific mutual
agreement.
The administrator may apply public health, safety, building code, and environmental permitting requirements to
a project development. Additionally, the Administrator may limit or prohibit a unit lot subdivision in a location
where development is restricted under other laws, rules or ordinances, such as in locations where development
is limited as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other
unsuitable physical characteristics of a property.
Finalizing and recording
Unit lot subdivisions, being a type of short plat, will follow the same approval procedures (including the same
decision-maker) and recording procedures as subdivisions. Any access easements, joint use and maintenance
agreements, and CC&Rs should be recorded with the county auditor. Notes on the face of the plat should be
required to identify the development as a unit lot subdivision. Examples of required notes:
• The title of the plat shall include the phrase “Unit Lot Subdivision”
• Approval of the development on each unit lot was granted by review of the development, as a whole, on the
parent lot.
• Subsequent platting actions and additions or modifications to structure(s) shall not create a nonconformity
of the parent lot.
• Unit lots are not separate buildable lots independent of the overall development on the parent lot; and
additional development of individual unit lots may be limited as a result of the application of development
standards to the parent lot.
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Resources
Code examples
The following list links to adopted ULS standards from Washington cities. The list is ordered roughly from least
complex codes to more complex codes.
• Shoreline Municipal Code 20.30.410(B)(4) (adopted 2020) – a ULS may be used for “mixed single-family
attached” development.
• Seattle Municipal Code 23.24.045 for short subdivision and 23.22.062 for subdivisions (adopted 2020) –
ULS may be used for detached single-family residences, townhouses, rowhouses, and cottage housing.
• Spokane Municipal Code 17G.080.065 (adopted 2023) – ULS may be used in any development with two or
more dwelling units (including accessory dwelling units) and where the parent lot is two acres or less.
Accessory dwelling units have special standards for utilities and recording. The general recording
requirements provide more plat note requirements than most jurisdictions.
• Snohomish County Code 30.41B.205 for short subdivision and 30.41A.205 for subdivision (adopted 2017)
– ULS may be used for townhouses, mixed townhouses, and cottage housing. Two separate codes
depending on the number of unit lots proposed.
• Wenatchee Municipal Code 11.32.080 (adopted 2023) – ULS may be used for duplexes, courtyard housing,
townhouses, and cottage housing. There are clear references to short subdivisions and major subdivisions
depending on the number of unit lots proposed. There are special requirements for final approval.
• Snohomish Municipal Code 14.215.125 (adopted 2024) – ULS may be used for detached single-family
residences, accessory dwelling units, duplexes, townhouses, cottage housing, and manufactured home
parks. There are specific requirements for minimum open space and utility connections.
• Everett Municipal Code 19.27 (adopted 2020) – ULS may be used for detached single-family residences,
cottage housing, and townhouses. Provides special procedures for existing condominium buildings to
subdivide into unit lots. Common areas may be owned in common or by a homeowner’s association.
Informational resources
Example of ULS information provided by Washington cities:
• Tacoma – Unit Lot Subdivision Summary Sheet
• Snohomish – Unit Lot Subdivision Handout
• Seattle – Land Use / Master User Permit – Plat (see Tip 213A)
• Bellevue – Unit Lot Subdivision amendment information page
Examples of ULS short plats for a variety of cities and housing types are available here.
Model code
This model code provides an example of basic provisions for unit lot subdivisions. Modifications of this model
code will be needed depending on each jurisdiction’s existing code organization, land division regulations, and
desired approach to unit lot subdivisions.
X. Unit lot subdivisions. A lot may be divided into separately owned unit lots and common areas, provided the
following standards are met.
1. Process. Unit lot subdivisions shall follow the application, review, and approval procedures for a short
subdivision or subdivision, depending on the number of lots.
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a. Nothing prohibits a city or town from applying public health, safety, building code, and environmental
permitting requirements to a development project that is subject to or integrated with a unit lot
subdivision process.
b. Nothing requires a city or town to authorize a development project or a unit lot subdivision in a
location where development is restricted under other laws, rules or ordinances, such as in locations
where development is limited as a result of physical proximity to on-site sewage system infrastructure,
critical areas, or other unsuitable physical characteristics of a property.
2. Applicability. A lot to be developed with middle housing or multiple detached single -family residences, in
which no dwelling units are stacked on another dwelling unit or other use, may be subdivided into
individual unit lots as provided herein.
3. Development as a whole on the parent lot, rather than individual unit lots, shall comply with applicable
design and development standards.
4. Subsequent platting actions and additions or modifications to structure(s) may not create or increase any
nonconformity of the parent lot.
5. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions
(CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’
association shall be executed for use and maintenance of common garage, parking, and vehicle access
areas; bike parking; solid waste collection areas; underground utilities; common open space; shared
interior walls; exterior building facades and roofs; and other similar features shall be recorded with the
county auditor.
6. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners
of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit
lots.
7. Notes shall be prominently placed on the face of the plat or short plat as recorded with the county auditor
to state the following:
a. The title of the plat shall include the phrase “Unit Lot Subdivision.”
b. Approval of the development (design and layout) on each unit lot was granted by the review of the
development, as a whole, on the parent lot under file #_________________.
c. Subsequent subdivision actions, additions, or modifications to the unit lot housing development,
including all structures, may not create or increase any nonconformity of the parent lot as a whole,
and shall conform to the approved unit lot housing develop ment project or to the land use and
development standards.
d. If a structure or portion of a structure within the unit lot housing development project has been
damaged or destroyed, any repair, reconstruction, or replacement of any structure shall conform to
the approved unit lot housing development project or to the land use and development standards in
effect at the time the proposed repair, reconstruction, or replacement project’s permit application
becomes vested.
e. Additional development or redevelopment of the individual unit lots may be limited as a result of the
application of development standards to the parent lot.
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8. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop
the required facilities and improvements, upon review and approval of construction drawings by the
public works department. All development shall be subject to any conditions imposed by the city on the
preliminary approval.
a. By June 30, 2026, all unit lot subdivisions shall require notification to purchasers of their legal status
as further described in RCW 58.17.060.
9. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures for a short
subdivision.
10. Definitions.
a. “Lot, parent” means a residential lot that is subdivided into unit lots through the unit lot subdivision
process.
b. “Lot, unit” means a subdivided lot within a residential development as created from a parent lot and
approved through the unit lot subdivision process.
c. “Unit lot subdivision” means a subdivision or short subdivision proposed as part of a residential
development project that meets the development standards applicable to the parent lot at the time
the application is vested, but which may result in development on one or more indiv idual unit lots
becoming nonconforming as to specified land use and development standards based on the analysis
of the individual unit lot.
d. “Clear and objective design and development standards” means locally adopted development
regulations that involve no personal or subjective judgment by a public official, and are ascertainable
by reference to measurable written or graphic criteria available and knowable to the permit applicant,
the public, and public officials prior to submittal.
11. Process procedures.
a. No public pre-decision meeting or hearing, nor any design review other than administrative design
review, except for those required to comply with state law, including chapter 90.58 RCW , the Shoreline
Management Act, when applicable.
b. All property owners and the community within 250’ of the unit lot subdivision shall be provided notice,
consistent with RCW 36.70B.110, including through notice posted on the closest public sidewalk or
roadway indicating how to provide written comments to the administrative decision maker,
c. The review and approval of a unit lot subdivision shall be logically integrated with the application,
review and approval procedures for the underlying housing development project, to the greatest
extent possible.
d. Review of a unit lot subdivision shall be subject to the maximum time period for local government
actions as set forth in RCW 36.70B.080, unless extended pursuant to project -specific mutual
agreement as permitted by RCW 36.70B.080.
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