HomeMy WebLinkAboutOrdinance 2026-01, adopting regulations for Unit Lot SubdivisionsCity of East Wenatchee Ordinance 2026-01 and Exhibit A
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City of East Wenatchee, Washington
Ordinance No. 2026-01
An Ordinance of the City of East Wenatchee amending EWMC Title 16 Subdivision and Section 19.11 Definitions to implement ESSSB 5258 and ESB 5559 creating a process for Unit Lot Subdivisions, containing a severability clause, and establishing an effective date.
Una ordenanza de la ciudad de East Wenatchee que modifica el Título 16 de las Ordenanzas Municipales de East Wenatchee, Subdivisión y la Sección 19.11 Definiciones, para implementar las leyes ESSSB 5258 y ESB 5559, creando un proceso para la subdivisión de lotes unitarios, que contiene una cláusula de divisibilidad y establece una fecha de entrada en vigor.
1. Alternate format.
1.1. Para leer este documento en otro formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la administradora municipal al alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
2.2. On December 17, 2025, the East Wenatchee Planning Commission held an open-record public hearing and deliberated the merits of the proposal. No public comment was received at the hearing.
2.3. The planning commission voted, 5-0, to recommend that the City Council approve ZTA 2025-01.
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
4. Purpose. The purpose of this ordinance is to amend EWMC Title 16 Subdivisions and Section 19.11 Definitions to create a process for Unit Lot Subdivisions.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Amendments. The City Council amends EWMC Title 16 Subdivisions and 19.11 Definitions as set forth in Exhibit A.
City of East Wenatchee Ordinance 2026-01 and Exhibit A
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6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below.
6.1. FINDINGS OF FACT
6.1.1. The proposal under consideration is to amend Title 16 Subdivisions and 19.11 Definitions to implement ESSSB 5258 creating a process for Unit Lot Subdivisions.
6.1.2. The proposal will be applicable to properties within the city of East Wenatchee.
6.1.3. The City of East Wenatchee and Douglas County have adopted the Greater East Wenatchee Area Comprehensive Plan pursuant to the Growth Management Act (GMA) and RCW 36.70A which covers the City and Douglas County unincorporated areas within the East Wenatchee Urban Growth Area.
6.1.4. RCW Chapters 36.70 and 36.70A authorize the adoption of amendments to city’s development regulations.
6.1.5. During their 2023 legislative session, the Washington State Legislature passed ESSSB 5258 requiring jurisdictions to create a process for unit lot subdivisions. The legislature amended this requirement via ESB 5559 during their 2025 legislative session.
6.1.6. The proposed amendments were reviewed by the city council at a public workshop on February 20, 2025, and by the planning commission at a public workshop on January 22, 2025.
6.1.7. The City of East Wenatchee initiated a 60-day comment period as required by RCW 36.70A.106. The Notice of Intent to Adopt was submitted to Commerce on September 26, 2025. The comment period ended on November 24, 2025.
6.1.8. Notice of the Intent to Adopt and comment period was published on the city website.
6.1.9. No public comment was received during the comment period.
6.1.10. Comment was received during the comment period from the following state agencies:
6.1.10.1 WA Department of Commerce
6.1.10.2 WA Department of Fish and Wildlife.
6.1.11. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance (DNS) was issued on
City of East Wenatchee Ordinance 2026-01 and Exhibit A
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September 24, 2025. The comment period ended on November 24, 2025.
6.1.12. Housing Goal 3 of the Greater East Wenatchee Area Comprehensive Plan requires that the city provide for a variety of housing types and densities to ensure a range of affordable housing options for a segments of the community.
6.1.13. Policies H-2 and H-16 of the Greater East Wenatchee Area Comprehensive Plan task the City with providing flexibility in development regulations to encourage infill development and the provision of housing for all segments of the population.
6.1.14. The planning commission is responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
6.1.15. Notice of the planning commission’s public hearing was posted on the City’s website and distributed through the City’s social media.
6.1.16. Advertisement of the planning commission’s public hearing was published in the Wenatchee World on December 6, 2025.
6.1.17. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on December 17, 2025.
6.1.18. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
6.2. CONCLUSIONS
6.2.1 The proposal is consistent with and implements the goals and policies in the Greater East Wenatchee Area Comprehensive Plan in that it will encourage housing opportunities throughout the city and support a range of housing choices for different household types and income levels. 6.2.2 Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 6.2.3 Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met, and the community and state agencies were given the opportunity to comment on the proposal during the public comment period and at a public hearing. 6.2.4 It is the determination of the lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is that an environmental impact statement is not required to be prepared for this project.
City of East Wenatchee Ordinance 2026-01 and Exhibit A
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6.2.5 The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 6.2.6 The planning commission has reviewed the entire record including the requirements of the Growth Management Act, the goals and policies of the comprehensive plan and public testimony as it relates to the proposed amendments to the city’s development regulations. 6.2.7 Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 7. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website.
9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this Ordinance shall be transmitted by the Community Development Director to the Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective immediately.
City of East Wenatchee Ordinance 2026-01 and Exhibit A
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Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 6th day of January, 2026
The City of East Wenatchee,
Washington
By _________________________________ Jerrilea Crawford, Mayor
Authenticated:
_____________________________________ Anna Laura Leon, City Clerk
Approved as to form only:
_____________________________________ Robert R. Siderius, City Attorney
Filed with the City Clerk: 12-22-2025Passed by the City Council: 01-06-2026Published: 01-10-2026Effective Date: 01-15-2026
Jerrilea Crawford (Jan 13, 2026 14:41:22 PST)
Jerrilea Crawford
City of East Wenatchee Ordinance 2026-01 and Exhibit A
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Summary of City of East Wenatchee, Washington Ordinance No. 2026-01
On the 6th day of January 2026, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2026-01, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending EWMC Title 16
Subdivision and Section 19.11 Definitions to implement ESSSB 5258
and ESB 5559 creating a process for Unit Lot Subdivisions, containing
a severability clause, and establishing an effective date.
The full text of this Ordinance will be mailed upon request.
Dated this 6th day of January 2026.
_____________________________
Anna Laura Leon, City Clerk
Proposed New Code Section
Chapter 16.08
Unit Lot Subdivisions
16.08.010 Purpose
16.08.020 Applicability
16.08.030 Procedure
16.08.040 General Regulations
16.08.050 Association with site development – Application Timing
16.08.060 Approval Criteria
16.08.070 Modifications to an approved preliminary unit lot plat
16.08.080 Building permits after preliminary plat approval
16.08.090 Required final plat notes
16.08.100 Final plat submittal
16.08.010 Purpose
The purpose of this chapter is to provide an alternative to the traditional method of land
division. The unit lot subdivision process provided opportunities for fee-simple
ownership of land. Unit lot subdivisions determine compliance with the relevant
dimensional standards of EWMC Title 17 by analyzing whether the parent lot complies,
but requiring each newly created lot within the unit lot subdivision (unit lot) complies with
these dimensional standards.
16.08.020 Applicability
The provisions of this chapter apply exclusively to the unit lot subdivision of land for the
following types of residential development: duplexes, triplexes, fourplexes, townhouses,
cottage housing, courtyard housing, and mobile home parks. This chapter also applies
to projects with the goal of preserving an existing single-family residence while adding
new housing types listed above.
A unit lot subdivision does not permit uses or densities that are not otherwise allowed in
the zoning district in which the unit lot subdivision is proposed.
16.08.030 Procedure
Unit lot subdivisions shall be processed as a Type II Full Administrative Review,
pursuant to EWMC 16.12 or Type III Quasi-Judicial Review, pursuant to EWMC 16.16
and Title 19 Development Permit Administration depending on the number of lots
proposed.
A unit lot subdivision may be combined with a subdivision or short subdivision so long
as the portion of the development utilizing this section meets the requirements of this
Exhibit A
section. A proposed subdivision lot will be considered a parent lot for the purpose of
determining consistency with this section.
16.08.040 General Regulations
A. The unit lot subdivision shall meet development standards applicable to the overall
residential site development approval and the provisions of this chapter. As a result
of the unit lot subdivision, structures on individual unit lots may not conform to some
or all of the dimensional standards for the zoning district in which the property is
located. So long as the dwelling units are already in existence or the proposed
residential site development plan meets the dimensional criteria for the parent
parcel(s), each unit lot will be deemed to be in conformance. If the units are already
legally in existence and do not comply with the development standards, a unit lot
may be created for each existing dwelling unit. Subsequent platting actions,
additions, or modifications to the structure(s) may not create or increase any
nonconformity to the parent lot.
B. Unit lot subdivisions shall be subject to all applicable requirements of EWMC Title
16, except as otherwise modified by this section.
C. The density of the parent lot shall not exceed the maximum net density of the zone,
except as otherwise modified by Chapter 17.68 Planned Unit Development District.
D. A unit lot within a unit lot subdivision may contain multiple dwelling units when all
such dwelling units are located within one building.
E. All portions of the parent lot(s) not subdivided for individual unit lots shall be
identified as tracts and owned in common by the owners of the individual unit lots, by
a homeowner’s association comprised of the owners of the individual unit lots
located within the parent parcel(s), or by a community land trust.
F. Except for existing nonconforming development or as approved pursuant to Chapter
17.68 Planned Unit Development District, building setbacks shall be as required for
the zone as applied to the underlying parent parcel(s) as a whole. There shall be no
setback required from individual unit lot lines which are interior to the perimeter of
the parent lot(s).
G. Internal drive aisles providing vehicular access to unit lots shall not be considered
public or private streets when utilizing the provisions of this section. However, in no
instance can an internal drive aisle conflict with or preclude necessary circulation
system improvements established by the transportation element of the Greater East
Wenatchee Area Comprehensive Plan.
In an instance where a street(s) is required to support necessary circulation system
improvements established by the transportation element of the comprehensive plan
then the area on either side of the new street will be considered each a parent lot for
the purpose of analyzing setbacks and other dimensional zoning standards.
H. Within the parent lot, required parking for a dwelling unit may be provided on a
different unit lot or on the common area lot, as long as the right to use the parking is
formalized by an easement recorded with the Douglas County Auditor’s Office.
I. Maintenance agreements for building exteriors. Maintenance agreements must be
executed and recorded as an element of the final unit lot subdivision for
maintenance of all building exteriors except in cases where all dwelling units are
Exhibit A
detached. The maintenance agreement must require equal participation by all
owners within any one building. This requirement does not apply to detached single-
family dwelling units.
J. Access easements, joint use and maintenance agreements, and covenants,
conditions and restrictions 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; on-site
recreation; landscaping; underground utilities; common open space; exterior building
facades and roofs; and other similar features, and shall be recorded with the
Douglas County Auditor’s Office. Each unit lot subdivision shall make adequate
provisions for ingress, egress and utilities access to and from each unit lot created
by reserving such common areas or other easements over and across the parent
site as deemed necessary to comply with all other design and development
standards generally applicable to the underlying residential site development plan.
16.08.050 Association with site development – Application Timing
A. In the case of a vacant lot or a site redevelopment, a preliminary unit lot subdivision
can only be submitted in conjunction with or after a site development plan and
building permits have been submitted.
B. For existing developed sites, a preliminary unit lot subdivision application may be
submitted at any time.
A. If the subdivision involves creating unit lot lines within an existing building with
common walls, a building permit application is required in order to verify that the
walls meet the building and/or fire code separation requirements in effect at the time
of the subdivision application.
16.08.060 Approval Criteria
A. A proposed unit lot subdivision can receive preliminary approval only if the following
findings are made by the review authority.
1. The proposed unit lot subdivision conforms to the requirements of this title and all
applicable city, state and federal zoning, land use, environmental and health
regulations.
2. The unit lot subdivision:
a. Makes adequate provision for access and neighborhood circulation
b. Will adequately be served with water, sewer, storm drainage and other utilities
appropriate to the nature of the unit lot subdivision.
c. Makes adequate provisions for fire and emergency access and protection.
d. Makes adequate provisions for critical areas protection.
e. Makes adequate provisions for sidewalks and other pedestrian features.
f. Serves the public interest and makes appropriate provisions for public health,
safety and welfare.
B. If the findings in subsection A of this section have not been met, the review authority
shall deny the proposed unit lot subdivision, unless specified conditions have been
issued to fully satisfy the criteria.
Exhibit A
16.08.070 Modifications to an approved preliminary unit lot plat
A. Minor modifications to a previously approved preliminary unit lot plat, not involving
the location or relocation of a lot or tract line and not involving the relocation of a street
may be requested by the applicant and approved by the director. Minor modifications
shall be processed as a Type I Limited Admin review pursuant to EWMC 19.02. The
modification shall meet the following conditions, and the director shall note such in the
decision:
1. The modification will not be inconsistent or cause the subdivision to be
inconsistent with the findings and conclusions of the approval decision;
2. The modification will not cause the subdivision to violate any applicable city
policy or regulation;
3. The modification will not alter the intent of the original conditions.
B. Modifications which exceed the criteria above shall be processed in the same
manner as a new preliminary unit lot plat application.
16.08.080 Building permits after preliminary plat approval
In the case of a vacant lot or a site redevelopment no building permit shall be issued on
the parent lot prior to a determination by the city fire marshal the adequate fire
protection and emergency vehicle access exists.
16.08.090 Required final plat notes
Notes shall be placed on the plat to acknowledge the following:
A. A note stating that approval of the design and layout of the unit lot’s housing
development project was granted based on detailed review of that specified project,
as a whole, on the parent lot.
B. Subsequent subdivision actions, additions, or modifications to the unit lot housing
development project’s structures may not create or increase any nonconformity of
the parent lot as a whole and shall conform to the approved unit lot housing
development project or to the land use and development standards in effect at the
time of the proposed actions, additions, or modifications.
C. 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 the
land use and development standards in effect at the time the proposed repair,
construction, or replacement project permit application becomes vested.
D. 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.
16.08.100 Final plat submittal
An application for final unit lot plat review will not be accepted until all foundations,
including common wall foundations, are installed and located on the face of the final plat
by the land surveyor of record.
Exhibit A
19.11 Definitions
19.11.130 L Definitions
Lot, Parent. “Parent Lot” means a lot which is subdivided into unit lots through the unit
lot subdivision process.
Lot, Unit. “Unit Lot” means a lot created from a parent lot and approved through the unit
lot subdivision process.
19.11.200 S Definitions
Subdivision, Unit Lot. “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 individual unit lots becoming nonconforming
as to specified land use and development standards based on the analysis of the
individual unit lot.
Exhibit A
East Wenatchee Municipal Code
Final Audit Report 2026-01-13
Created:2026-01-13
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAsFRnIkNtOOvqA3VuHTHtnrEgq0eWqg48
"East Wenatchee Municipal Code" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2026-01-13 - 8:56:25 PM GMT
Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature
2026-01-13 - 8:56:29 PM GMT
Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
2026-01-13 - 10:41:00 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2026-01-13 - 10:41:22 PM GMT - Time Source: server
Agreement completed.
2026-01-13 - 10:41:22 PM GMT