Chapter 12.42 — COMMERCIAL CONDOMINIUMS

Commercial condominium projects differ from other commercial 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 condominium units. This chapter applies to commercial and industrial condominiums (Government Code section 66427).

If a commercial condominium is proposed in combination with a residential condominium, the requirements of this chapter and chapter 12.40 of this title shall be read together, with the relevant requirements applying to the portions of the project.

If a proposed project is for the conversion of an existing building into condominiums, chapter 12.43 of this title applies.

(Ord. 1117 § 4 Exh. C (part), 2008)

In this chapter, terms have the meanings set forth in Tracy Municipal Code section 12.08.010, Definitions. In particular, see the definitions for "Association," "Condominium," "Commercial condominium," "Declaration," "Department" and "Director."

(Ord. 1117 § 4 Exh. C (part), 2008)

In addition to standards applicable to regular subdivisions, no new commercial condominium project or portion thereof 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, exterior elevations, parking layout, and access areas;

(b)

A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities;

(c)

A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;

(d)

The proposed declaration, including those portions that apply to the conveyance of units, the prohibition of the assignment of parking and a proposed mechanism for resolving parking issues, and the management and maintenance of common areas and improvements; and

(e)

Such other information which the Department determines is necessary to evaluate the proposed project.

(Ord. 1117 § 4 Exh. C (part), 2008)

A commercial condominium subdivision map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium plan in relation to the following criteria (in addition to the standards applicable to any other subdivision):

(a)

Architectural and site design. Architectural evaluation shall include, but not be limited to, 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; and

(3)

General architectural and site considerations, including site layout, topography, open space, location of buildings, access, circulation, colors, building materials, screening, lighting and signing and similar elements have been designed to provide a desirable environment. The design should minimize visibility of service areas (trash, delivery, outdoor storage, loading areas), backflow prevention devices, and other utilities from public areas.

(b)

Landscaping.

(1)

All setback areas fronting on or visible from a public or private street, and all open space areas shall be landscaped in an attractive manner. The developer shall provide a method assuring landscape maintenance.

(2)

Decorative design elements such as fountains, pools, benches, sculpture, planters, and similar elements may be permitted providing such elements are incorporated as a part of the landscaping plans, except where otherwise prohibited.

(3)

Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.

(4)

Landscaping requirements shall be consistent with the zoning district in which the project is located.

(5)

The property owner shall be required to enter into and record a standard landscape maintenance agreement, or include essentially the same terms in the recorded declaration.

(c)

Lighting. The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways based on a lighting plan approved by the City. (See section 10.08.3530 of this Code.)

(d)

Lot coverage. Lot coverage shall conform to requirements of the zoning district in which the condominium is proposed.

(e)

Open space—common. Common open space areas shall be designed and located within the project to afford use by all owners of the project.

(f)

Minimum parking requirements. Off-street parking shall be provided as required by Tracy Municipal Code section 10.08.3480 for commercial and industrial land uses. Parking areas shall be held in common and no assigned parking is allowed.

(g)

Trash and recycling collection area.

(1)

Trash and recycling collection areas shall be provided within 250 feet of the doorway to the unit(s) they are designed to serve, and sized appropriately to accommodate trash and recycling. Such areas shall be enclosed within a building or roofed and screened with masonry walls six (6′) feet or higher to screen trash receptacles. Materials other than masonry may be used when specifically approved by the approving body when it finds that due to extenuating circumstances regarding architectural compatibility or location, such

as the proximity to underground utilities, the footing for masonry construction would be a detriment to such utilities. Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.

(2)

The storage area shall comply with the City's stormwater management requirements.

(3)

The design of collection areas shall be to the satisfaction of the Director.

(h)

Signage. The property owners shall apply for and obtain a master sign program.

(i)

Declaration. The declaration shall include an agreement for common area maintenance and a method for resolving differences among the property owners. The declaration shall also include a provision substantially as follows:

The City of Tracy Municipal Code, Title 10, Planning and Zoning, regulates (1) the uses of property and required parking and (2) allowable signage. No assigned parking is allowed.

(j)

Structural and electrical. A commercial condominium project is to be subject to the structural requirements contained in Tracy Municipal Code title 9, Building Regulations. Each unit shall have its own sub-panel for all electrical circuits and outlets which serve the unit. The panel shall be accessible without leaving the unit.

(k)

Connectivity. Wherever possible, as determined by the Director, vehicular and pedestrian connections shall be made to adjacent sites and the public right-of-way.

(l)

Screening of mechanical units. Screening of mechanical units and utility meters shall be provided as required by the Director.

(Ord. 1117 § 4 Exh. C (part), 2008)

Chapter 12.43 - COMMERCIAL CONDOMINIUM CONVERSIONS

Sections: