Taft Municipal Code Ch. 7 Optional Design and Improvement Standards

Where a subdivider signifies his intent to enhance the livability, convenience and appearance of modern site planning techniques in the arrangements of lots, circulation pattern and in the provision of permanent open space and appropriate means of access to blocks, schools, shopping centers and other uses, which do not 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, that subdivider may be permitted exceptions provided the subdivision complies with the provisions of the following sections of this Chapter. (Ord. 839-20, 10-20-2020)

At a time no later than the time of filing of the tentative map with the City, 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 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 for detached single family dwellings that is part of a planned development as set forth in Section 6-3-1 , Chapter 3, Title VI of the Municipal Code, 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 general area.

(D) The control of density in the development will substantially comply with the Land Use Element of the City’s General Plan. (Ord. 839-20, 10-20-2020)

As incentive to creating better overall communities and to producing an environment of stable, desirable character, the standards and requirements set forth in Chapters 5 and 6 of this title, may be varied, consistent with the provision of Title VI (Zoning Ordinance of the Municipal Code). (Ord. 839-20, 10-20-2020)

The Commission or the Council, whichever may apply, may authorize exceptions in lot size consistent with the provisions set forth in Title VI (Zoning Ordinance) of the Municipal Code. (Ord. 839-20, 10-20-2020)

The Commission shall review any letter of justification, as set forth in Section 10-7-2 of this Chapter, as it relates to a proposed subdivision, at the same time it reviews the tentative map and the recommendations of City staff, and shall transmit to the subdivider its decision and findings no later than the time when the tentative map is transmitted to the Commission. (Ord. 839-20, 10-20-2020)

Where a residential subdivision has been approved by the Commission under the provisions of this Title, 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 and accepted by the City for public use. Such provisions may be satisfied by a Declaration of Covenants, Conditions and Restrictions duly signed and acknowledged by the owner, with articles of incorporation, forming a homeowner’s association, maintenance district, 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 power and duties of the entity to be set forth in the Declaration. Bylaws shall be established 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 said 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 hereby declared to be unlawful and a public nuisance endangering the health, safety, and general welfare of the public. (Ord. 839-20, 10-20-2020)

When a subdivision has been approved by the Commission under the provisions of this title, then such approved building sites, coverage and yards under such subdivision shall be considered as the requirement of this chapter. (Ord. 839-20, 10-20-2020)