Residential condominiums differ from other residential subdivisions
in numerous respects, particularly as to development standards and
ownership of individual units and jointly held common areas. The purpose
of this chapter is to address the special attributes of condominium
subdivisions and to adopt development standards which will protect
both the community and the purchasers of condominiums.
(Ord. 5683 § 4, 2009)
In addition to standards applicable to regular subdivisions, no new condominium project or portion thereof, except for planned residential developments which shall be subject to the provisions of chapter
30.20, shall be approved unless the following items have been submitted with the tentative map and approved by the city:
A. A development
plan of the project including location and sizes of structures, parking
layout, access areas and exterior elevations;
B. A preliminary
landscaping plan of the project indicating types and sizes of landscaping
materials and permanent irrigation facilities, prepared by a person
licensed to prepare such plans by the State of California;
C. The
proposed condominium documents, including those portions of the covenants,
conditions and restrictions that apply to the conveyance of units,
the assignment of parking and the management of common areas within
the project; and
D. Such
other information which the director of community development determines
is necessary to evaluate the proposed project.
(Ord. 5683 § 4, 2009; Ord. 5803 § 53, 2013)
The following site requirements shall be subject to the approval
of the planning commission, director of community development or city
council where appropriate:
A. Architectural
Design. The evaluation of which may include the following:
1. The
general appearance of the proposed development shall contribute to
the orderly and harmonious development of the community as a whole.
2. The
design of all exterior surfaces of the buildings shall create an aesthetically
pleasing project.
3. Consideration
shall be given to the appearance of garages when viewed from outside
the subdivision.
4. Vehicular
access ways shall be designed to eliminate an alley-like appearance.
B. Environmental
Preservation. The location and orientation of all buildings shall,
whenever feasible and desirable in the opinion of the planning commission
or city council where appropriate, be designed and arranged to preserve
natural features by minimizing the disturbance to the physical environment.
Natural features such as trees, waterways, historic landmarks or slopes
shall be delineated in the development plan and considered when planning
the location and orientation of buildings, open spaces, underground
services, walks, paved areas, play areas, parking areas and finished
grade elevations.
C. Landscaping.
1. All
setback areas fronting on or visible from an adjacent public street,
and all recreation, leisure and open space areas shall be landscaped
in an attractive manner and provided with a method for the maintenance
thereof.
2. Decorative
design elements such as fountains, pools, benches, sculptures, planters,
exterior recreational facilities, and similar elements may be permitted
providing such elements are incorporated as a part of the landscaping
plan, except where otherwise prohibited.
3. Permanent
and automatic irrigation facilities shall be provided in all planted
landscaped areas.
4. Final landscape plans implementing the concept of the preliminary landscaping plans required by section
16.16.020 shall be prepared and submitted to and approved by the director of community planning prior to the recordation of the final map.
D. Street
Improvements.
1. The
subdivider shall improve or post a cash bond with the city guaranteeing
the installation of the improvements to city standards of substandard
or deficient street improvements fronting the property within the
public right-of-way to the satisfaction of the city engineer in accordance
with current policy. These improvements may include, but shall not
be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage
devices, trees and tree wells and streetlights.
The width of the public rights-of-way and roadway of the street(s)
abutting the property shall conform to the minimum standard of the
circulation element of the general plan as set forth in Appendix A,
thereof.
(Ord. 5683 § 4, 2009; Ord. 5803 § 54, 2013; Ord. 5818 § 7, 2013)
To achieve the purpose of this chapter, the subdivider shall
include a copy of those portions of the declaration and restrictions
proposed to be recorded as required by state law together with any
and all documents required and relating to the items regulated by
this section and all proposals for condominium subdivisions made pursuant
to the provisions of this section. Once the declaration is accepted
in final form by the director of community development, none of the
portions of the declaration relating to items regulated by this title
shall be amended, modified or changed without first obtaining the
written consent of the director of community development and all of
which shall contain, at the end of each such provision, a statement
to that effect.
(Ord. 5683 § 4, 2009; Ord. 5803 § 55, 2013)
A. Assignment
or Conveyance of Private Open Space. Air space of private open space
areas shall be described and conveyed with each unit as either exclusive
easements appurtenant thereto or as component elements of units thereof.
B. Assignment or Conveyance of Private Storage Areas. Air space of private storage areas including, but not limited to, the private storage space required by section
16.16.040 shall be described and conveyed with each unit as either exclusive easements appurtenant thereto or as component elements of units thereof.
C. Assignment
or Conveyance of Off-Street Parking Spaces. One off-street parking
space in the DSP zone, and two required off-street parking spaces
in all other zones, shall be conveyed with each unit as either exclusive
easements appurtenant thereto or as component elements of units thereof.
All parking spaces shall be used solely by unit owners, members of
their families, their guests or lessees of the owner's unit. A unit
occupant within the condominium project may rent one space to another
unit occupant or to the condominium association, provided that a minimum
of one space is retained for use in conjunction with the residential
unit.
(Ord. 5683 § 4, 2009; Ord. 5803 § 56, 2013)
A condominium proposal which does not comply with all of the
standards and requirements in this chapter may be approved if upon
application by the subdivider the planning commission, director of
community development, or council, where appropriate, finds that there
are unusual circumstances regarding the development's location, site
or configuration, that the condominium project is in substantial compliance
with both the general standards and site and structural requirements,
and that there are mitigating features incorporated in the project
which tend to further the expressed intent and purpose of this chapter.
(Ord. 5683 § 4, 2009; Ord. 5818 § 8, 2013)