Martinez Municipal Code Ch. 21.54 Regulations for New Multiple Residential Development

A. To establish requirements and procedures to be followed for review and approval of new condominium, townhouse, apartment, and other multiple residential developments.

B. To establish criteria for new condominium developments by requiring conformance to the City's Building Code and other development standards set forth in this Chapter.

C. To ensure that the developer of the project provides adequate private outdoor living space, storage and parking space, usable open space and other amenities.

D. To provide for planning, unforeseen change, and compliance with the City's General Plan and Housing Element.

E. To provide a procedure whereby potential buyers of new condominium units will be properly informed as to the physical condition of the structure for purchase.

F. To ensure that the developer uses contemporary and environmentally sensitive concepts of site planning and architectural design in the construction of a new condominium project and to ensure that the project, once completed, maintains its integrity, not only to preserve the long-term financial commitment of the unit owner but to optimize the utilitarian and aesthetic qualities that make the project a viable home for the owner long into the future.

(Ord. 901 C.S. § 1, 1979; Ord. 1103 C.S. § I, 1987)

A. Conformity with the General Plan - The development of new condominiums shall conform with the principles and standards of the General Plan.

B. The design, improvement and construction of any condominium project shall conform to and be in accordance with the most currently adopted requirements of all building and fire codes, zoning provisions and all other applicable local ordinances and regulations, and shall in addition conform to and be in accordance with the following standards in effect at the time of filing of the tentative map:

1. Housing Code

2. Unsafe structure code

3. Building security ordinance

4. Fire Code

C. New condominium developments include townhouse projects and all residential development projects which contain other than single-family detached units.

(Ord. 901 C.S. § 1, 1979; Ord. 1103 C.S. § I, 1987)

Prior to incurring any obligation to purchase any new condominium unit, all potential buyers shall be provided with an informational document containing the following: (informational document shall be in a form approved by the Planning and Building Director).

A. A listing of the services and facilities to be furnished to individual owners and a statement of all fees and other conditions applicable to the use of such services and facilities.

B. A statement of the estimated annual operating and maintenance costs for all common facilities and services for the next three years as prepared or reviewed by a professional management firm familiar with operating and maintaining costs of similar property in the area.

(Ord. 901 C.S. § l, 1979)

New condominium developments shall be subject to all applicable rules and regulations prescribed by the State Subdivision Map Act. The applicant shall provide the City with 35 copies of the Tentative Map accompanied by a sufficient number of site development plans to be determined by the Planning and Building Director. In addition to exhibits, as required by Sec. 21.42.060 of the Martinez Municipal Code, the plans shall also show in detail:

A. Location of each common area;

B. Location of each private open space;

C. Locations and dimensions of parking garages and carports including individual parking stalls on the site;

D. Location and dimension of exterior storage space for each individual unit;

E. Landscaping Plan.

Additional submittals shall include:

F. Preliminary Grading Plan;

G. Elevations of proposed units;

H. A draft copy of a declaration of CC&R's which will apply and which shall include an agreement for common area maintenance, including facilities and landscaping together with an estimate of the initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.

I. Other information which, in the opinion of the Planning and Building Director, will assist in determining whether the proposed project is consistent with this Chapter.

(Ord. 901 C.S. § 1, 1979)

A. Each shall meet the sound transmission control requirements of the most recently adopted version of the Uniform Building Code.

B. Each unit shall be provided with smoke detectors conforming to Uniform Building Code standards.

C. Each unit shall be separately metered for gas and electricity.

D. Utility easements shall be provided for each dwelling with an access agreement for entry to repair and maintain same. Individual shutoff valves and disconnects shall be provided for each unit.

E. Two off-street parking spaces shall be provided for each dwelling unit and shall be located within reasonably close proximity of the units they serve. One off-street parking space shall be provided for each four units for visitor parking and shall be uniformly distributed throughout the development. Accommodations for on-site RV parking shall be made at a ratio of 100 sq. ft. per dwelling unit unless on-site RV parking is otherwise prohibited by the CC&R's.

F. At least 200 cubic feet of enclosed weatherproof lockable storage space shall be provided for each unit and shall bear a reasonable relationship to each unit. This storage space shall be in addition to that ordinarily contained within each unit.

G. A minimum of 200 sq. ft. of appurtenant usable private area shall be provided contiguous with each unit.

H. Common Open Space shall be provided in amounts designated by Sec. 22.12.25 of the Martinez Municipal Zoning Code. Such open space shall be over and above required setbacks and parking facilities and additional to required private open space.

I. New condominium developments shall meet stable energy conservation standards.

(Ord. 901 C.S. § 1, 1979; Ord. 1103 C.S. § I, 1987)

The owner of the project shall enter into a landscape maintenance agreement before recordation of the final subdivision map.

(Ord. 901 C.S. § 1, 1979)

New condominium development shall be subject to payment of park dedication fees at the rate in effect at the time of issuance of building permits.

(Ord. 901 C.S. § 1, 1979)

Design Review shall be required as set forth by the Design Review Ordinance and shall be based on overall site development which involves all proposed building elevations, proposed grading, areas of both common and private open space, areas of private storage, parking and landscaping and how each relates to the development standards of the ordinance and this site.

(Ord. 901 C.S. § 1, 1979)

The City may impose any conditions it deems necessary in order to ensure that the proposal will conform with the requirements of this Chapter, other municipal code provisions, the general plan and the public health, safety and general welfare.

(Ord. 901 C.S. § 1, 1979; Ord. 1103 C.S. § I, 1987)

Pursuant to Sec 66427.1 of the Government Code, the Planning Commission shall deny approval of a tentative map for a new condominium project if the following findings are made:

A. That the proposal is incompatible and inconsistent with the objectives, policies, elements and programs specified in the General Plan and any applicable specific plan.

B. That the project will not create an acceptable balance between and provide reasonable relationships among the structures and their units, private yard areas, usable open spaces, parking areas and recreational facilities.

C. That the proposal is inconsistent with the purposes of this Chapter.

D. That the proposal is inconsistent with the health, safety and welfare of the residents of the City.

(Ord. 901 C.S. § 1, 1979)