§ 9105.17

A.

Commercial and industrial condominium projects differ from other commercial and industrial subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas.

B.

The purpose of this Section 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.

C.

This Section applies to commercial and industrial condominiums in compliance with Government Code Section 66427.

D.

If a commercial or industrial condominium is proposed in combination with a residential condominium, the requirements of this Section and Section 9105.19 (Residential Condominiums) shall be read together, with the relevant requirements applying to the applicable portions of the project.

9105.17.020 - Definitions.

For the purpose of this Section, the following definitions, in addition to those specified in Division 9 (Definitions), shall apply unless the context clearly indicates or requires a different meaning:

Association.

A nonprofit corporation or unincorporated association created for the purpose of managing a condominium or other common interest development in compliance with Civil Code Section 1351.

Condominium.

An estate in real property consisting of an undivided interest in common in a portion of a lot of real property, together with a separate interest in space in a commercial, industrial, or residential structure located on the

same real property (e.g., apartment, office, or store). A condominium may include, in addition, a separate interest in other portions of the real property in compliance with Civil Code Section 783.

Declaration.

The document (covenants, conditions, and restrictions (CC&Rs), or however titled) which contains the restrictive covenants of the development, consistent with Civil Code Section 1353.

A.

Subdivision Procedures. Under Government Code Section 66426, a condominium is treated as a subdivision subject to the provisions of the Act and this Division. In addition to standards applicable to regular subdivisions, no new condominium project or portion of a project shall be approved, unless all of the items specified in this Section have been submitted with the tentative map and approved by the City.

B.

Application Requirements. The application shall include all of the information and materials specified in the most up-to-date Department handout for non-residential condominiums, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

A condominium tentative map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium plan in relation to all of the following criteria:

A.

Architectural and Site Design. Architectural evaluation shall include, but not be limited to, all of the following, in compliance with Section 9107.19 (Site Plan and Design Review):

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 structures shall create an aesthetically pleasing project; and

3.

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

B.

Environmental Preservation.

1.

The design, location, and orientation of all structures shall be arranged to preserve natural features by minimizing the disturbance to the physical environment.

2.

Natural features (e.g., historic landmarks, slopes, and/or trees) shall be delineated in the development plan and considered when planning the location and orientation of structures, parking areas, paved areas, play areas, open spaces, underground services, walks, and finished grade elevations.

C.

Landscaping.

1.

All setback areas fronting on or visible from an adjacent public street, and all open space areas shall be landscaped in an attractive manner and provided with a method for the maintenance of the areas in compliance with Section 9103.09 (Landscaping).

2.

Decorative design elements (e.g., benches, exterior recreational facilities, fountains, planters, pools, sculptures, walls, and similar elements) may be allowed; provided, the 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.

The landscaping shall be consistent with the zone in which the condominium project is proposed.

D.

Lighting.

1.

The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways.

2.

The lighting shall be directed onto the driveways and walkways within the development and shielded to eliminate off-site glare away from adjacent properties.

3.

Appropriate lighting shall also be installed within all covered and/or enclosed parking areas.

E.

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

F.

Building Envelopment, Intensity, and Lot Coverage Provisions. Building envelopment (i.e., height and structure setbacks), intensity, and lot coverage provisions shall conform to the Development Code requirements for the zone in which the condominium project is proposed, in compliance with Division 2 (Zones, Allowable Uses, and Development Standards).

G.

Parking. Off-street parking and loading shall be provided in compliance with Development Code requirements for commercial, industrial, and mixed-use projects, as specified in Section 9103.07 (Off-Street Parking and Loading). Parking assignments shall be designated in the recorded declaration.

H.

Solid Waste and Recycling Collection Areas. Solid waste and recycling collection areas shall be in compliance with Subsection 9103.01.110 (Refuse Collection Enclosures).

I.

Width of the Public Rights-of-Way and Roadways. The width of the public rights-of-way and roadways of the street(s) abutting the subject property shall conform to the minimum standards of the Circulation Element of the General Plan.

J.

Proposed Declaration. The proposed declaration shall include a clear designation of parking and sign rights, and a method for resolving differences. The declaration shall include a provision substantially as follows:

The City of Arcadia Development Code regulates (1) the uses of property and required parking and (2) allowable signs. The City will not issue a Building Permit or a Sign Permit unless it is first authorized in writing by the association. This authorization shall be submitted with an application to the City. For parking, the authorization shall include a comprehensive parking layout and calculation to show there is sufficient parking for the proposed development. For signs, the authorization shall indicate the total signs allocated to the property and to each unit. This provision may not be modified without the written consent of the City.

A.

Structural Requirements. A condominium project is to be subject to the structural requirements specified in Municipal Code Article VIII (Building Regulations).

B.

Circuit Breakers Panels.

1.

Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit.

2.

The breaker panels shall be accessible without leaving the unit.

A.

Compliance with Article VIII Required. Building inspection and associated fees shall be in compliance with Municipal Code Article VIII (Building Regulations).

B.

Compliance with Municipal Code Required. Inspection and associated fees for required public and private street and utility improvements shall be in compliance with other applicable Sections of the Municipal Code.

The procedures and requirements related to appeals and public hearings in Division 8 (Development Code Administration) shall apply to the decision on a non-residential condominium application.

Section 9105.19 - Residential Condominiums