§ 16.20

Where a subdivider signifies his intent to enhance the livability, convenience and appearance of property by modern site planning techniques in the arrangement of lots, circulation pattern and by providing permanent open space and appropriate means of access to blocks, schools, shopping centers and other uses which do not literally comply with the requirements of these subdivision regulations, but which serve to facilitate the ultimate development of the land in the manner that will be commensurate with contemporary living patterns and technological progress, he may be permitted exceptions, provided he complies with the provisions of this chapter.

(Ord. 122 §7.00, 1976).

At a time no later than the time of filing of the tentative map with the city planner or commission, the subdivider, in order to qualify for the optional design provisions of this chapter, shall, by a memorandum in writing supported and accompanied by tentative plans, justify the exercise of such option by a showing that:

A.

The plan of development has been devised to make a better use of undeveloped property than that which would result from proceeding on a lot-to-lot basis and thereby produce a more desirable and livable community than would be effected by compliance with all standards and requirements;

B.

The reservation of green or open spaces in a manner differing from the conventional front or back yard will result in more efficient and aesthetic use of the property than would be possible if inflexible rules were applied to individual lots;

C.

The buildings, structures and landscaping will be in harmony with other structures and improvements in the area;

D.

The control of density in the development will substantially comply with the general plan.

(Ord. 122 §7.10, 1976).

(Ord. No. 480, § 2, 4-26-2022)

As incentive to creating better overall communities and to producing an environment of stable, desirable character, the standards and requirements set out in Chapters 16.12 and 16.16 may be varied, but only when the gross density of an area is not increased and where such design has been approved by twothirds (⅔) vote of the commission or by the city planner, as applicable, and where such commission or planner finds that the four (4) items of justification set forth in Section 16.20.020 are true.

(Ord. 122 §7.20, 1976).

(Ord. No. 480, § 2, 4-26-2022)

The city planner and/or commission, as applicable, may authorize exceptions in lot size but with no increase in density in the overall development. Where such sizes are proposed to be reduced by use of common areas, dedication of open space, or by agreement to give up development rights as a method of maintaining the density required for an area, the credit for such common areas, open spaces, or development rights offered shall be based on the density permitted under the zoning district in which the

offer is made or on the basis of the lot sizes required as set out in Section 16.12.150, whichever is more restrictive.

(Ord. 122 §7.30, 1976).

(Ord. No. 480, § 2, 4-26-2022)

The commission or city planner, as applicable, shall review the memorandum of justification as it relates to the proposed subdivision at the same time it reviews the tentative map and the recommendations of the staff. The commission and/or planner's decision and findings shall be transmitted to the subdivider no later than the time when the tentative map is transmitted to the council.

(Ord. 122 §7.40, 1976).

(Ord. No. 480, § 2, 4-26-2022)

Where a residential subdivision has been approved by the council under the provisions of this chapter, full and adequate provisions, acceptable to the city, shall be made for the preservation and maintenance of all commonly owned land, improvements and facilities which are not dedicated to public use. Such provision may be satisfied by a declaration of covenants, conditions and restrictions, duly signed and acknowledged by the owner; article of incorporation forming a homeowner's association or some other legal entity, which shall include provisions empowering the entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of the entity to be set forth in the declaration; and bylaws setting forth rules of membership, fees and assessments; and forms of deeds incorporating the declaration by reference to its recording data. All documents must be referred to the city attorney for review and have the approval of the council as to their sufficiency to accomplish their purpose. The owners of the individual lots shall, as a condition of ownership of such lots, be required to participate in the legal entity so formed and be responsible to said legally formed entity for the cost of performing the necessary maintenance. Any failure to so maintain shall be, and the same is unlawful and a public nuisance endangering the health, safety and general welfare of the public.

(Ord. 122 §7.50, 1976).

When a development has been approved by the council under this chapter, then such approved building sites, coverage and yards under such plan shall be considered as meeting the requirements of this title.

(Ord. 122 §7.60, 1976).

Chapter 16.22 - FEE FOR PARK DEVELOPMENT AND IMPROVEMENT