Article II — CONDOMINIUM CONSTRUCTION

A.

These condominium regulations are intended to provide criteria and guidelines for condominium construction as defined in this article. The standards include density, parking, open space, light and air, pedestrian and vehicular traffic circulation, and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the surrounding community, of a pleasing and desirable character, and so as to harmonize with adjacent residential use.

B.

Although this is an amendment to the subdivision ordinance, it shall be deemed, where applicable, an amendment to the city zoning and building codes. The city council has found that these regulations are consistent with, and necessary to carry out the goals and objectives of, the general plan.

(Prior Code, § 17C-1; Code 1985, § 17.84.050)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.

A.

Community apartment project means joint ownership of the land by the various owners with an exclusive right to occupy a given dwelling unit.

B.

Condominium means joint ownership of land by the purchasers with ownership of a defined area or air space where the dwelling unit is located as more fully defined in the Civil Code § 1 et seq.

C.

Condominium construction means the construction of a condominium, community apartment project or stock cooperative as defined in this section. (Condominiums and community apartment projects are required to comply with the Subdivision Map Act, Government Code § 66410 et seq., while stock cooperatives are not, unless made so by the state department of real estate.)

D.

Stock cooperative means ownership of the land and buildings by a corporation; tenants own shares of stock and thus are entitled to an exclusive right to occupy a dwelling unit, or they lease a dwelling unit.

(Prior Code, § 17C-2; Code 1985, § 17.84.060)

Construction of condominiums, stock cooperatives or community apartment projects shall be subject to the following:

A.

The approval of an initial study and assessment of environmental impact, as per Resolution 73-15, shall first be required.

B.

The approval of a conditional use permit, pursuant to this zoning title, shall be required.

C.

Condominium construction shall be permitted only in R-2, R-3 and R-2000 zones.

D.

An application for a tentative and final tract map shall be submitted for approval in accordance with established requirements. A site plan and floor and elevation plans also shall be submitted for review and approval.

E.

Covenants, conditions and restrictions (CC&Rs), incorporating the conditional use permit as nonamendable, shall be submitted to the planning department for city attorney review and approval by the planning commission and/or city council prior to submittal of the final tract.

(Prior Code, § 17C-3; Code 1985, § 17.84.070)

A.

Common open space areas shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to, game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots and shall be required as follows:

R-2, R-2000, R-3 200 sq. ft. of each dwelling unit

B.

Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

C.

The following lot size shall be required:

D.

The following minimum lot widths (street frontage) shall be not less than 50 lineal feet.

E.

The following side setbacks shall be required: a minimum of five feet.

F.

The following parking requirements shall be made:

1.

Current parking ordinance;

2.

For each three bedroom or more unit: three spaces per unit, with two enclosed and one open;

3.

Tandem parking shall be prohibited;

4.

Underground parking may be required to have special safety provisions as required by the fire department and building and safety department;

No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time. The CC&Rs shall contain such restriction;

6.

On R.V. parking space for each five dwelling units.

G.

Separate laundry facilities shall be provided for each unit.

H.

All utilities shall be placed underground.

I.

The following minimum gross floor area shall be required:

J.

There shall be provided for each unit at least 150 cubic feet of storage facilities in one location, in addition to storage requirements in the building code.

K.

Adequate trash and garbage collection and pick-up areas shall be provided for use within 150 feet of each unit in a location or locations accessible to a public street or alley and enclosed on three sides by a fivefoot-high masonry, brick or concrete wall which shall be enclosed with solid decorative gates of the same height. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

L.

Plumbing (gas and water) shut-off valves. Separate fullway shut-off valves shall be provided to each dwelling unit.

M.

Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use.

N.

Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria.

O.

All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock-mounted as determined by the building officials.

P.

Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls.

Q.

Landscaping and lighting plans must be submitted to the planning director for review and approval with the tentative map.

R.

A sewer system with connection to the public sewer shall be provided for each unit as approved by the building official.

S.

All projects that have received or shall receive, prior to the effective date of the ordinance codified in this article, an environmental impact report (EIR) approval and/or tentative map approval which has not expired shall be exempted from the requirements of this article; however, these exempted projects shall be required to meet the requirements in effect at the time of such approval.

T.

Such other requirements as are determined as a result of public hearing to be necessary to accomplish the intent and purpose hereof.

(Prior Code, § 17C-4; Code 1985, § 17.84.080)