Tehachapi Municipal Code Ch. 17.36 Optional Design and Improvement Standards

In considering a tentative map for a condominium, stock cooperative, or community apartment project, or for any subdivision wherein physical constraints or the extraordinary amenities to be provided render application of the design and improvements standards of this title inappropriate, the advisory agency, with the concurrence of the city engineer, may agree to the substitution of alternate design and improvement standards which do not literally comply with the requirements of these subdivision regulations but which serve to facilitate the ultimate development of the property in a manner that will be consistent with the general plan.

(Ord. 90-13-575 § 1(part), 1990)

A. Where a subdivision has been approved by the advisory agency under the provisions of this title, full and adequate provision 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, within twenty-five feet of the exterior boundaries of the project.

B. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner; articles 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.

C. All documents must be referred to the city attorney for review as to their sufficiency to accomplish their purpose.

D. The owner 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.

E. Any failure to so maintain shall be, and the same is declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public.

(Ord. 90-13-575 § 1(part), 1990)