Conditional use permit approval pursuant to Chapter 11.5.20: Development Permits shall be required for the subdivision of land or airspace for the creation of common interest developments.
(Ord. 1598)
Common interest developments shall comply with this section, the requirements of the applicable zoning district in Part II: Base District Regulations of this zoning code; and
A. 
Residential common interest developments shall also comply with the provisions of Section 11.4.05.110: Residential Uses—Multi-Unit Project Standards; and
B. 
Nonresidential common interest developments shall also comply with Section 11.2.10.015.J: Design Provisions—Main Street Specific Plan District where applicable, and any provision of this chapter applicable to the specific nonresidential use proposed.
(Ord. 1598)
To achieve the purposes of this section, the declarations of conditions, covenants, and restrictions (CC&Rs) or other applicable documents relating to the management of common area and facilities shall be subject to approval by the director and the city attorney. In addition to the CC&Rs that may be required by the California Department of Real Estate in compliance with Title 6 of Part IV of Division II of the Civil Code or other state laws or policies, the declaration, proprietary lease, cooperative housing corporation bylaws, or other similar document shall provide for the following:
A. 
Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas including an atrium, balcony, deck, private patio, or solarium required by Section 11.4.05.110: Residential Uses—Multi-Unit Project Standards, and any integral portion of those spaces that may exceed the minimum area requirements, shall be available for the exclusive use of its respective unit as described and recorded in the recorded map, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be assigned, conveyed, or leased as an integral part of the dwelling unit.
B. 
Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas including the private storage space required by Section 11.4.05.110: Residential Uses—Multi-Unit Project Standards, shall be available for the exclusive use of its respective unit as described and recorded in the recorded map, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be assigned, conveyed, or leased as an integral part of the dwelling unit.
C. 
Maintenance. The CC&Rs and other management documents shall contain a provision establishing the obligation and duty of the governing body of the project to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this zoning code and all other applicable laws, regulations, and standards.
D. 
Assessment for Maintenance of Common Areas and Facilities. In order to protect the public health, safety, and welfare, provisions shall be made both for annual assessments for maintenance and for capital improvements.
E. 
Utility Easements Over Private Streets and Other Areas. The commission may require public utility easements adjacent to public streets or over other portions of the project to accommodate electrical lines, fire hydrants, sanitary sewers, storm drainage, street furniture, water and gas mains and meters, and similar urban infrastructure. The commission may also require access routes necessary to ensure that fire fighting equipment can reach and operate efficiently in all areas of the project.
F. 
Limitation on Exterior Changes. The CC&Rs shall include a provision stating that the association or individual owners or occupants of units in the development shall not, without the written approval of the director cause, permit or approve any material additions, alterations, or changes to the exterior of the development, or reduce or fail to maintain assessments for the maintenance and upkeep of the exterior of the development.
G. 
Authorization for Governmental Access and Enforcement. The CC&Rs shall include the following provisions in addition to those identified above in this section.
1. 
A provision stating that the city, county, state and federal government, and any authorized agency, bureau, or department shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times for the purpose of preserving the public health, safety, and welfare except in those instances where a common area is accessible only through a private unit. Notice of the right of government agency access shall be prominently displayed in the common areas of the project.
2. 
A provision stating that authorized city representatives shall have the right to enter the development for the purpose of performing required maintenance and repairs in the event the association fails to do so, and for correcting or abating any nuisance or violation of state law or the municipal code, in compliance with Title 1: General Provisions, Chapter 1.15: Enforcement, of the municipal code.
3. 
A written procedure for the reimbursement of costs incurred by the city in performing any of the acts authorized by this section or the CC&Rs.
4. 
A provision stating that the city shall have the right to enforce the provisions contained in the CC&Rs as a third-party beneficiary to them, or in connection with the maintenance, repair, or utilization of any easement or other property rights held by the city, either on, appurtenant to, or nearby the project.
5. 
A provision stating that the city shall be entitled to an award of reasonable legal expenses in any action to enforce the provisions of this section or the conditions, covenants, and restrictions.
6. 
Any other provisions which the director and city attorney determine are necessary and reasonable for ensuring compliance with the provisions of the municipal code or the conditions of approval of the project.
H. 
Amendment of the CC&Rs or Other Management Document. An amendment to the CC&Rs or other management documents that would amend, delete, modify, or otherwise affect any provision required by this section shall require the prior written approval of the director. To that end, the amendment shall not be effective unless:
1. 
The text of the amendment shall have been submitted to the city 60 days before its adoption by the owners;
2. 
The city has either approved the amendment or failed to disapprove it within the 60-day period; and
3. 
The recorded or other instrument effecting the amendment shall recite that it was submitted and approved or not disapproved in compliance with this subsection.
I. 
Partition and Sale of Condominiums and Community Apartments. One or more of the project owners may initiate the partition (or the dissolution of the cooperative housing corporation) by sale of the entire project as if the owners of all units in the project were tenants in common in the entire project, in the same proportion as the interests in the common areas or in the stock or members of the cooperative housing corporation. However, a partition shall be made only upon a showing of the existence of one or more of the conditions identified in state law (Civil Code Section 1354), or that:
1. 
Two years after damage or destruction to the project which renders a material part unfit for its use, the project has not been rebuilt or repaired substantially to its former condition before its damage or destruction;
2. 
One-half or more of the project has been destroyed or substantially damaged and owners holding in aggregate more than 50% interest in the common area or the cooperative housing are opposed to repair or restoration of the project; or
3. 
The structure has existed for more than the number of years shown in Table 11.4.75.015.I.3: Criteria for Partition or Sale, and is obsolete and uneconomic, and the percentage of owners shown in Table 11.4.75.015.I.3: Criteria for Partition or Sale, holding in aggregate a percentage interest in the common areas or cooperative housing corporation, are opposed to the repair or restoration of the project.
Table 11.4.75.015.I.3
CRITERIA FOR PARTITION OR SALE
Age of Structure
Percentage of Interest Held by Owners
30 years
70%
40 years
60%
50 years
50%
60 years
40%
70 years
30%
(Ord. 1598)