Chapter 16.17
SPECIAL REQUIREMENTS

Sections:

16.17.010    Division of Land for Purpose of Lease Only.

16.17.020    Condominiums and Community Apartment Projects.

16.17.030    Mobile Home Divisions of Land.

16.17.040    Division of Land Adjacent to Existing Roads.

16.17.050    Transit and Nonmotorized Access.

16.17.010 Division of Land for Purpose of Lease Only.

A.    The Planning Commission may approve a tentative map of a division of land which does not comply in all respects with the requirements of this chapter if:

1.    The Planning Commission finds:

a.    The division of land is for lease only,

b.    Because the lots are to be leased only and because of the situation and development or proposed development of the division of land and surrounding property, approval of the tentative map would not be detrimental to the public welfare or property of other persons in the vicinity thereof;

2.    On such tentative map, and on the final map or parcel map, there appear, in letters not less than one-fourth inch in height, the words: “DIVISION OF LAND FOR PURPOSE OF LEASE ONLY.”

B.    A person shall not sell, mortgage, place a deed of trust or other lien upon any lot or other parcel in such division of land, or offer or contract to do so, unless such transaction would be in full compliance with all of the provisions of this Title 16 and the Subdivision Map Act has such final map or such parcel map not been filed.

C.    The filing of such final map or of such parcel map authorizes the leasing of any lot shown on such map.

D.    Except that the lots in a division of land for lease only need not comply with the provisions of Section 16.13.010, this section does not modify in any way any requirements in the development code or any other ordinance or law as to area or width requirements.

16.17.020 Condominiums and Community Apartment Projects.

In a division consisting of a condominium project as defined in Section 1350 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code, maps of such subdivisions need not, but may, show the design of the buildings and manner in which the buildings or the airspace above the property shown on the map are to be divided. In all other respects, all of the provisions of this Title 16 shall apply to such a subdivision.

16.17.030 Mobile Home Divisions of Land.

A.    The Planning Commission may approve a tentative map of a division of land which does not comply in all respects with the requirements of Parts 1, 2 and 3 of this chapter if:

1.    The Planning Commission finds:

a.    The division of land is for mobile home purposes only,

b.    The units of space proposed on the tentative map are for mobile homes and related facilities only and the development of a mobile home park on the property included within the division of land is in conformance with the development code set out at Title 17;

2.    On such tentative map and on the final map or parcel map, there appear, in letters no less than one-fourth inch in height, the words: “DIVISION OF LAND FOR MOBILE HOME PURPOSES ONLY.”

B.    A person shall not use, lease, sell, mortgage, place a deed of trust or other lien upon a unit of space within a mobile home division of land for any purpose other than a mobile home and related facilities.

C.    Except that the units in a division of land for mobile home purposes need not comply with the provisions of Section 16.13.010(A) through (D), this section does not modify in any way any requirements in the development code or any other ordinance or law as to area or width requirements.

D.    In a mobilehome land division, the owners of the units of space which are occupied by mobilehomes and which may also be occupied by accessory uses will hold an undivided interest in the common areas which will in turn provide the necessary access and utility easements for the units. A note to this effect shall be on the final map or parcel map.

E.    Title to the units and common areas in a mobile home division of land and control and maintenance of the common areas shall be similar to those for condominiums as contained in the Civil Code.

16.17.040 Division of Land Adjacent to Existing Roads.

A.    If the Planning Commission finds that the proposed division of land abuts an existing road which has improvements insufficient for the general use of the lot owners and the division of land and local neighborhood and drainage needs, it may disapprove the design of the division unless the subdivider improves or agrees to improve such road to the same standards required of roads within all divisions of land by Chapter 16.07.

B.    Where a subdivider proposes to connect to an existing dead-end or cul-de-sac street in which a turnaround has been installed, the Planning Commission may require the reconstruction of existing street improvements as a condition of such connection. If the subdivider makes or agrees to make the required improvements, all of the provisions of this Title 16 which apply to improvements and agreements to improve within a division of land shall apply.

16.17.050 Transit and Nonmotorized Access.

Developments shall incorporate and be designed to encourage access by public transit and nonmotorized modes of travel (e.g., bicycle, pedestrian). This shall be accomplished by the incorporation of appropriate on-site bicycle and pedestrian amenities, in addition to convenient connections to the City’s transit and nonmotorized facilities. (Ord. 05-19 § 2, 12/13/05)