City of South San Francisco, CA CONDOMINIUMS AND COMMUNITY HOUSING PROJECTS

Condominium projects and community housing projects may require that individuals, with vested owner-ship in their respective units, reside and work in close proximity to one another. Condominium projects and community housing projects also require that such owners be bound together in an association which is responsible for the maintenance, management, and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of residential, commercial and industrial ownership in the city. The unique status of condominium projects and community housing projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare, and economic prosperity of the condominium project or community housing project as well as the larger community. To ensure that such problems are avoided in both the short and long terms, it is the express intent of the city to treat condominiums and community housing projects differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects and community housing projects, the purposes of this chapter are as follows:

(a)

To ensure that future condominium projects and community housing projects will have an overall positive effect on the city’s residential, commercial and industrial real property;

(b)

To ensure that adequate provision is made for maintenance and management of condominium projects and community housing projects for the health, safety and welfare of purchasers and owners thereof;

(c)

To ensure that governmental entities have the right to enter into the general and limited common areas of the project to protect the public health, safety and welfare and to preserve the public peace.

(Ord. 861 § 9.03(b), 1981; Ord. 887 § 2, 1982; Ord. 993 § 10, 1985)

The following information and data shall be required as part of the tentative map and in addition to other requirements of this title:

(a)

A site plan for all common areas including proposed and/or existing recreational facilities; landscaping, indicating types and sizes of landscaping materials; community buildings; walks, drives, and other facilities to be owned and used in common;

(b)

A plan showing the location of all parking, storage and other areas assigned for use by the owners of each unit;

(c)

A copy of the proposed first-year maintenance contract;

(d)

Such other information which the city council determines is necessary to evaluate the project;

(e)

Approval of the tentative map shall be subject to the following additional data to be submitted by the subdivider for approval by the city council:

(1)

A copy of the proposed budget for maintenance, operation and reserves for the project, including the proposed monthly cost to each unit; said budget shall establish sufficient reserves in operating funds for reasonable operation of the project and capital improvements (e.g. maintenance of buildings and site improvements). Said monthly cost shall be projected at least five years into the future;

(2)

A description of how parking, storage, and other areas outside of each unit will be owned, managed, and maintained;

(3)

Six copies of the proposed CC&Rs which would apply to the project; as a minimum, the CC&Rs shall provide for the following:

(A)

Statement of ownership and application of CC&Rs to owners and occupants; this section shall specifically and irrevocably subject owners and occupants to the provisions of the CC&Rs;

(B)

Section describing voting rights, and vote distribution. This section shall provide that the subdivider shall have all of the rights and responsibilities of an owner prior to sale of each unit;

(C)

Section describing the administration and responsibilities of the association. Association responsibilities shall include administration of the project, preparing and approving an annual budget, establishing and collecting annual or monthly assessments, maintaining the project with special provisions for maintenance of building exteriors and landscaping, appointing a representative to authorize the towing from all common areas of any abandoned or dismantled vehicles left on the property in excess of ten calendar days, enforcing the CC&Rs and levying penalties for noncompliance with CC&Rs;

(D)

Section describing the obligations of owners. This section shall include provisions for: annual or monthly assessments, maintenance and repair of individual units, use of units, internal structural alterations, use of common areas and facilities, rights-of-entry for repair and emergency, rules of conduct;

(E)

Section assigning parking space(s) for the exclusive use of the owners or occupants of each unit. The number of parking spaces to be assigned to each unit shall be determined by reference to the requirements of off-street parking set forth in Chapter 20.74 of this code;

(F)

Section providing the right of public entry by any governmental agency, department or bureau. This section shall provide for the right of immediate access at all times to all portions of the common areas not assigned for the exclusive use of the owner of a particular unit. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project;

(G)

Section prohibiting the dissolution of the association without dissolution of the condominium or community housing project. This section should also prohibit sale or development of the land owned in common without prior approval of the city;

(H)

Section providing for penalties and procedures dealing with violations of CC&Rs;

(I)

Section containing landscape and improvement requirements. This section shall include the following provisions:

“Landscape Plans and Construction of Improvements. Declarants shall improve or cause to be improved the landscaped portions of the common areas and other common areas or properties as shown on the following plans:

(i)

Landscape plans. Plans consisting of ________sheet(s) designated ________, dated ________ prepared by ________, Job No. ________, entitled ________, together with the Legend of Plants as shown on the Plan and Irrigation System Specifications consisting of sheet(s), designated ________, dated ________, prepared by ________, Job No. ________, entitled ________. Declarants shall file a copy of the as-built plans with the________Association. The Association shall maintain same on file as permanent records available for inspection and review by prospective owners and other interested persons and for performing of its duties with respect thereto.

(ii)

Maintenance of Landscaping. The Association shall maintain all of the landscaping within the Development in general accordance with the landscaping plans referred to in subparagraph (i) above, unless climatic conditions make such maintenance impracticable or unless the City of South San Francisco consents to a change in the plan for landscaping.

(iii)

Improvement Plans of Other Common Areas or Properties. A plan consisting of ________sheets, dated ________ , Revised ________, prepared by ________, Job No. ________, entitled ________. Declarants shall file a copy of the as-built plans with the ________Association. The Association shall maintain same on file as permanent records available for inspection and review by prospective owners and other interested parties and for performance of its duties with respect thereto.

(iv)

The Association shall maintain and repair the works of improvement within the landscaped areas and the common properties as constructed within said properties in accordance with said plans including, but not limited to, the driveways, curbs and gutters, fences, landscape planting, water supply system, sanitary sewer, storm drain system, area lighting system, fire prevention system, irrigation system, retaining walls and subdrain system, traffic control signs, devices and striping, grades and slopes and maintain and repair the improvements constructed in other portions of the common areas or properties. Any modifications of the improvements installed in accordance with said plans shall be made in accordance with the procedure set forth in the Declaration of Covenants, Conditions and Restrictions and modification of the use permit or other applicable zoning permit as so required. The Association shall provide funds for said maintenance and repair in accordance with the assessment provisions set forth in Article ________of these Covenants.”

(J)

Section providing that upon recordation of the CC&Rs, the provisions in the CC&Rs containing landscape and improvement requirements shall not be rescinded, amended or modified without prior approval of city.

(K)

Section containing provisions for the enforcement of bonded obligations if required pursuant to Title 10, Section 2792.4 of the California Administrative Code.

(Ord. 861 § 9.03(d), 1981; Ord. 887 §§ 3, 4, 5, 1982; Ord. 903 §§ 1, 2, 1982; Ord. 993 § 10, 1985)