Any condominium project or community housing project in the
city shall be subject to the requirements set forth in this title
and any additional requirements and procedures set forth in this chapter.
(Ord. 861 § 903(a), 1981; Ord. 887 § 1, 1982; Ord. 993 § 10, 1985)
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)
Condominium projects and community housing projects shall result in the creation of five or more units, and the procedure to be used in subdividing a condominium project or community housing project shall be the standard subdivision procedure found in Chapter
19.40, in addition to the requirements and procedures set forth in this chapter.
(Ord. 861 § 9.03(c), 1981; 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.
(Ord. 861 § 9.03(d), 1981; Ord. 887 §§ 3, 4, 5, 1982; Ord. 903 §§ 1, 2, 1982; Ord. 993 § 10, 1985)