16.44.010 Condominiums, community apartments and cluster-type subdivisions.
In the case of condominium subdivisions and community apartment subdivisions, as defined by the Subdivision Map Act, and cluster-type subdivisions, the planning commission may approve or conditionally approve such subdivisions, provided the following findings are made:
A. That adequate light and air space, vehicular and pedestrian access, utilities, including but not limited to water, sewer, electrical power, gas and storm drainage, public services, such as fire protection, police protection and solid waste disposal, recreational facilities, landscaping and such other factors as the community may deem appropriate, be provided to insure the development of the improvements necessary to protect the health, safety and welfare of the citizens of the city; and
B. That a legal entity pursuant to the laws of the state will be established for the control and maintenance of all land and improvements to be held in common. The legal entity shall possess the authority to make sufficient assessments and be responsible for maintenance of all facilities and be self-sustaining; and
C. That the granting of approval or conditional approval of the subdivision shall not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. (Ord. 90-1 (part), 1990)