Article 5.5 — Non-Residential Common Interest Developments

The purpose of this article is to regulate the placement of non-residential common interest development projects and the conversion of existing non-residential developments to common interest developments consistent with the form of ownership and occupancy of such projects pursuant to applicable laws for the general health, safety, and welfare of the public. (Ord. No. 07-17, § 1f., 10-2-07)

• (a) Non-residential common interest development projects are permitted in appropriate commercial, industrial, or planned development zones, subject to the approval of the following planning application, as applicable. This requirement is in addition to other permits or certificates required by law.

  • (1) All new non-residential common interest development projects shall be processed according to the design review procedures contained in Chapter III Planning Applications.

  • (2) Conversion of occupied or previously occupied non-residential developments to common interest development projects shall be subject to sections 13-54.52 non-residential common interest development standards and requirements and 13-54-53 non-

residential common interest development conversions—additional standards and shall be processed according to the nonresidential common interest development conversion procedures contained in Chapter III Planning Applications.

• (3) All non-residential common interest development projects require the approval of tentative or final tract or parcel maps as required by law. A tentative tract map or parcel map shall not be required until either a design review or non-residential common interest development conversion has been approved; however, the map may be processed concurrently.

• (b) No person shall construct, sell, lease, convey, maintain or use a non-residential common interest development project within the city without first complying with the provisions of this article.

• (Ord. No. 07-17, § 1f., 10-2-07)

• (a) Applicability. The provisions of this section shall apply to all proposed new non-residential common interest development projects and the conversion of existing non-residential to common interest developments.

• (b) City council finding. The city council finds and declares it is the intent of these regulations to protect the interests of the community and prospective purchasers by requiring the applicant to provide certain information regarding the condition of the structure and to require reasonable improvements to ensure quality and to protect the health, safety, and general welfare of the public.

• (c) Development standards. The development standards of the applicable zoning district shall be applied to the common interest development, including the conversion of occupied or previously occupied projects (see section 13-54.53(h)(3)). Exception: Newly created individual unit lots shall be exempt from the development standard for minimum lot area for newly subdivided lots. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:

  • (1) All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a property owners association. This lot shall be used for common driveways, parking areas, and street setback landscaped areas.

  • (2) A detailed landscape plan prepared pursuant to Chapter VII Landscaping Standards shall be approved by the planning division prior to issuance of any building permits.

  • (3) Parking shall conform to Chapter VI Off-Street Parking Standards, a parking space allocation plan shall be submitted to the planning division in conjunction with application for a non-residential common interest development.

  • (4) The development shall comply with the provisions of Chapter XI. Subdivisions, which may include, but are not limited to, land dedication and improvements, such as drainage improvements, and payment of fees.

• (d) Documents required.

  • (1) A project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, parking areas and common facilities pursuant to state law. No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to suitability for the proposed use of the open areas.

  • (2) The developer shall file a declaration of covenants to be submitted with the application for approval, which will govern the association. The provisions shall include, but not be limited to, the following:

    • a. The property owner's association shall be established prior to the sale of any unit(s).

    • b. Membership shall be mandatory for each owner and any successive owner.

• c. Provisions to restrict parking upon other than approved as parking spaces shall be written into the covenants, conditions and restrictions for each project. Additionally, a clear designation of parking and signage rights shall be included and a method to resolving disagreements. The provisions shall include the following:

"The City of Costa Mesa Zoning Code regulates the uses of property, allowable signage, and required parking. The City shall not issue a building permit or a sign permit unless it is first authorized by the property owner's association. This authorization shall be submitted with any application to the City. This provision may not be modified without the written consent of the City."

• d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one property owners' association with common areas for the total development.

• e. The declaration of covenants shall contain language or provisions substantially as follows:

  • i. "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined."

  • ii. "In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law."

(Ord. No. 07-17, § 1f., 10-2-07)

• (a) Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied non-residential developments to common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in section 13-54.52 , non-residential common interest developments.

• (b) Restrictions in urban plan areas. Conversions of occupied or previously occupied non-residential developments to common interest developments shall only be permitted in an urban plan area if the final review authority finds and determines that the proposed conversion is consistent with the applicable mixed-use overlay zoning district. Specifically, the proposed conversion supports a mixed-use development or a similar land use that is not allowed in the base zoning district, or the proposed conversion project is a residential common interest development that is permitted by either the base or overlay zoning district.

• (c) Inspection fee. The applicant shall pay an inspection fee, established by the city council, to determine compliance of the existing units with all appropriate building codes, as noted in subsection (f )(2).

• (d) Documents required. The applicant shall submit the following documents in addition to those set forth in section 13-54.52(c), nonresidential common interest developments. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with state agencies. The reports shall include information on what improvements, if any, shall be accomplished by the applicant and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be placed as conditions of approval in conjunction with the approval of the request to convert to a common interest development, and the improvements shall be completed prior to recordation of the subdivision map.

  • (1) Structural report. A detailed structural report by a California-registered structural or civil engineer identifying the following information:

    • a. Date of original construction of all structures.

    • b. Any evidence of soils problems.

    • c. The condition of the building foundations, walls, ceilings, windows, doors, parking facilities, drainage facilities, refuse disposal facilities; and exterior lighting.

    • d. Certification that all walls and floor/ceiling assemblies comply with current code requirements for sound transmission. Non-compliant walls and floor/ceiling assemblies shall be identified for replacement or other appropriate remediation.

    • e. Certification that the building's wood frames, sill plates, anchor bolts, connections, and foundation have been inspected and have a minimum life of 25 years and that all substandard elements have been identified for replacement or other appropriate remediation.

• (2) Pest report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and/or dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present.

  • (3) Paint report. A report by a California-licensed painting contractor verifying the condition of the paint on all building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take place of the paint report. The statement shall include the brand name of the paint and the exterior colors to be used. For exterior surface, a minimum of three colors should be applied.

  • (4) Mold report. A report by a California-licensed mold specialist certifying whether or not all attached or detached structures are free of mold. The report shall describe what procedures would be necessary to eliminate mold, if present.

  • (5) Mechanical equipment report. A report by a California-registered mechanical engineer certifying that all appliance and mechanical equipment for heating and cooling comply with the current California Mechanical Code. The proper measures to remediate any noncompliant appliances and mechanical equipment shall be identified.

  • (6) Electrical report. A report by a California-registered electrical engineer certifying that all electrical systems comply with the California Electrical Code. The proper measures to remediate the noncompliant system components shall be identified.

  • (7) Plumbing report. A report by a California-licensed plumbing contractor certifying that all plumbing systems comply with the current California Plumbing Code. All above ground plumbing that does not comply with the current code shall be identified for replacement. A camera test of the sewer lateral shall also be conducted under the direction of the applicable sanitary district, and any substandard sewer laterals shall be identified for replacement by the sanitary district. Onsite sewer clean-outs shall be indicated for installation pursuant to the direction of the applicable sanitary district.

  • (8) Roof report. A report by a California-licensed roofing contractor verifying that the roofs of all structures have an estimated remaining physical life of at least 25 years. A statement that new roof material will be applied may take place of the roof report. The statement shall include the specifications of the proposed roofing material.

  • (9) Asbestos report. A report by a California-licensed asbestos specialist indicating that the property does not pose any health hazards related to asbestos. The proper measures to remediate asbestos shall be identified, if necessary. This report is only required for buildings that were constructed prior to 1980.

• (e) Review procedures. The following are processing requirements in addition to those set forth in Chapter III Planning Applications.

• (1) Upon receipt of the application and all required documents, the planning division shall submit copies of applicable reports or documents to the fire department, building safety division and other appropriate departments.

  • (2) The development services director shall require an inspection of all buildings and structures in the existing development. An inspection report shall be prepared at or under his/her direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous.

  • (3) The fire marshal may inspect the project to determine the sufficiency of fire protection systems serving the project and report on any deficiencies.

  • (4) The planning division may submit copies of such documents required in subsection (d) to other departments for their review and requirements.

  • (5) The planning division shall review the property report submitted by the applicant and may require its revision and resubmission if found inadequate in providing the required information.

  • (6) The planning division shall keep and maintain the copies of all required reports, as public records, for no less than five years, and shall send copies to the California Real Estate Commissioner as may be required by law.

  • (7) A final inspection report shall be made by the building official, upon request of the applicant, indicating the compliance with all the imposed requirements.

• (f) Approval criteria.

  • (1) The final review authority shall utilize the development standards and requirements of this article as criteria in the approval of the conversion as herein provided.

  • (2) No non-residential common interest development conversion shall be approved until all required documents have been submitted, reviewed and found to comply with the provisions of applicable state law and this Zoning Code.

  • (3) All units shall be required to comply with current requirements for vibration transmission, energy insulation, sound transmission control (both interior and exterior), and fire detection systems.

  • (4) Each unit shall be separately metered for gas, electricity, and water, unless the declaration of covenants provides for the association to take responsibility of the utilities.

  • (5) The city council may adopt general standards that may be applied to non-residential common interest development conversion applications on a case-by-case basis. The final review authority may use these standards to impose conditions of approval on non-residential common interest development conversion applications to achieve the purpose of this article.

• (g) Conversion standards. The project shall be brought into compliance with the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.

ith the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.

• (1) Life safety standards. The following improvements shall be provided in accordance with the provisions of the California Building Code or any successor statute or regulation, unless otherwise noted.

  • a. Each unit shall have access to the electrical branch circuits that serve the unit.

  • b. Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and any additional smoke detectors that are required by code shall be located and installed.

  • c. Ground fault circuit interrupter protection shall be provided where required by the currently adopted electrical code.

  • d. Portable fire extinguishers shall be provided in accordance with the California Fire Code or any successor statute or regulation.

• (2) Plumbing requirements. The following improvements shall be provided in accordance with the provisions of the California Plumbing Code or any successor statute or regulation.

  • a. A temperature and pressure relief valve shall be provided for all water heaters.

  • b. Water heaters shall be seismically braced with a minimum of two straps.

  • c. Water heaters shall be properly vented to the outside and shall be provided with sufficient combustion air.

  • d. Potable water shall have a backflow protection where necessary to prevent potential cross connection.

• (3) Compliance with Zoning Code provisions. With the exception of building intensity (floor area ratio) standards, the project shall comply with all requirements of this Zoning Code, including but not limited to building setbacks, distance between buildings, parking, open space, and landscaping requirements, unless any Zoning Code requirement is superseded by an adopted specific plan or urban plan. The final review authority may approve a deviation from a Zoning Code standard in conjunction with the review of the conversion request, in conformance with the findings in section 13-29(g)(10).

• (4) Refurbishing and restorations. All main buildings, structures, walls, fences, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the final review authority shall be refurbished and restored as appropriate for a high standard of appearance, quality, and safety. Specific improvements include:

  • a. Installation of all remedial improvements identified in the reports submitted pursuant to by section 13-54.53(d), documents required.

  • b. Installation of appropriate improvements that ensure acceptable sound transmission levels between units in each building in conformance with the current California Building Code.

• c. Replacement of all gas lines (both interior and exterior) that do not comply with current code and conduct appropriate pressure test.

  • d. Installation of double-glazed, low-E windows and exterior doors.

  • e. Installation of new sinks, faucets, toilets. Low water flow plumbing fixtures are recommended.

  • f. Waterproof all exterior landings and staircases.

• (Ord. No. 07-17, § 1f., 10-2-07)