Montclair Municipal Code § 11.88.060 Preliminary review

A. The City Council finds that office condominium and industrial condominium developments are different in so many respects from other types and forms of land ownership and development as to require different regulations.

B. The intent of this chapter is to develop standards, procedures and guidelines, to provide a more flexible method whereby sufficiently large and properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of conventional zoning subdivision regulations.

C. The purpose of the chapter is to provide for the general control of design and development of common ownership office and industrial condominium developments in relation to adjoining areas in accordance with the basic purpose of the State Subdivision Map Act.

(Ord. 99-791 Exh. A (part); prior code § 9-3.203)

The objectives and purposes of the planned office and industrial condominiums developments are as follows:

A. To encourage a more desirable business and working environment than would be possible through a strict application of the provisions of this title;

B. To encourage an orderly and well-planned growth of owner-occupied office and industrial developments;

C. To encourage a more efficient, aesthetic, and desirable use of land;

D. To encourage variety in the physical development pattern of the City; and

E. To ensure that these objectives are realized and that in the process, the development objectives, principles and standards remain in conformity with the requirements of the zoning ordinance and General Plan.

(Ord. 99-791 Exh. A (part); prior code § 9-3.204)

The provisions of this chapter shall apply to all office condominium developments in C-2, C-3 and A-P zoned districts, as well as to all industrial condominium developments in M-1, M-2 and M-I-P Zones.

(Ord. 99-791 Exh. A (part); prior code § 9-3.202)

The Commission is authorized to grant office and industrial condominium development use permits for particular cases which are qualified pursuant to the provisions of this title. In granting such office and industrial condominium development use permits, the Planning Commission may stipulate conditions in addition no those required by this title which will tend to safeguard the health, safety, and property values in the area.

(Ord. 99-791 Exh. A (part); prior code § 9-3.201)

A. Office condominium developments are permitted in the C-2, C-3 and A-P Zones subject to the issuance of a conditional use permit pursuant to the provisions of Chapter 11.78 of this title and the approval of tentative or final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.

Furthermore, the types of office condominium uses which are allowed per the required conditional use permit are as follows:

1. Professional offices, such as:

Accountants

Attorneys

Dentists, doctors, etc.

Engineers, architects, planners, etc.

2. Business offices, such as:

Advertising agencies

Banks and other financial offices

Business and management consultant services (includes data processing, computer programming and the like)

Business, professional, and civic associations (excluding union meeting and hiring halls)

Communication and recording studios (excluding towers)

Corporate headquarters

Detective and protective services (offices only)

Educational, scientific and social science research facilities (excluding schools)

Employment agencies

Escrow and real estate companies

Governmental offices

Insurance companies

Interior decorating consultant services

Microfilming services

News agency and publication offices

Photographers, artists, etc.

Public and private utility offices

Secretarial and stenographic services

Telephone answering services

Transportation and entertainment ticket services (excluding passenger terminals)

Travel agencies

3. Those uses in Sections 11.24.030 and 11.24.040 of this title may be permitted in office condominium developments subject to the requirements stated in those respective sections;

4. Accessory uses and facilities which are clearly related and incidental to one of the above-permitted conditional uses.

B. Industrial condominium developments are permitted in the M-1, M-2, and M-I-P Zones subject to the issuance of a conditional use permit pursuant to the provisions of Chapter 11.78 of this title and the approval of tentative or final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.

Furthermore, the types of industrial condominium uses which are allowed per the required conditional use permit are as follows:

1. Light manufacturing and light industrial uses which are not obnoxious by reason of sound, fumes, repulsive odors, and the like, whether the same constitute an actual nuisance or not, and including such uses as:

Assembly plants

Bakeries, wholesale

Bottling plants

Building material and contractor storage yards and plants

Cabinet shops and furniture manufacture

Canning and packing

Canvas products manufacture

Cereal factories

Cleaning and dyeing plants

Cosmetics manufacture

Creameries

Electroplating

Food products manufacture, except fish and meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils

Fruit and vegetable packing plants

Garment manufacture

Ice and cold storage plants

Laboratories, experimental and the like

Laundries (commercial operations only)

Machine, welding, and blacksmith shops, excluding the use of equipment producing undue noise or vibration

Neon and electric sign manufacture

Radio manufacture and assembly and electrical and electronic appliances

Rug and carpet cleaning plants

Storage of goods, materials, liquids, and equipment (except the bulk storage of matter or materials which are inflammable or explosive or which create dust, odor, or fumes)

Tire retreading and recapping and battery manufacture

Toy and novelty manufacture

Warehouses and storage buildings

Wholesale buildings

Similar light industrial and manufacturing uses but excluding automobile and truck repair related uses

2. Retail or wholesale stores, businesses, offices, or commercial activities when specifically authorized by the Planning Commission and are found to be incidental and directly related to one of the above-permitted conditional uses and that such uses will be compatible with the other industrial condominium units;

3. Accessory uses and facilities which are clearly related and incidental to one of the above-permitted conditional uses.

C. The Planning Commission shall be empowered through its review of any office or industrial condominium conditional use permit to exclude any of the uses listed in subsection A and/or B of this section if it finds that such use will conflict with the purpose and intent of this chapter and/or the General Plan.

D. The conversion of lease or rental office developments to office condominium developments and the conversion of lease or rental industrial developments to industrial condominium developments within appropriately zoned districts is permitted, subject to the issuance of a conditional use permit pursuant to the provisions of Chapter 11.72 of this title and the approval of tentative or final tract or parcel maps as may be required by law. This requirement is in addition to other permits on certificates required by law.

Furthermore, approval of said conditional use permit for conversion shall require that the development in question meet all requirements currently in effect for new office or industrial condominium developments.

E. No person shall construct, sell, lease, rent, convey, maintain or use an office or industrial condominium development or unit within the City without complying with the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-3.206)

Before filing any development approval application for an office or industrial condominium development, the prospective applicant shall submit to the Planning Division, Department of Community Development, a request for preliminary review application containing preliminary sketches and general site information, as may be reasonably required for consideration and advice to the applicant, as to the relation of the proposal to general development objectives to be attained in the area and as to the policies of the Planning Commission with reference thereto. The Planning Division shall then submit the preliminary application to the Development Review Committee at a regular meeting. The Development Review Committee shall review the preliminary review application and forward to the Planning Division all recommendations and comments, and also anticipated conditions, in accordance with the provisions of this chapter.

(Prior code § 9-3.207)

A Precise Plan of Design shall be required for the use or development of any lot or parcel of real property for an office or industrial condominium development irrespective of the area or size of such lot or parcel.

(Prior code § 9-3.208)

After the preliminary review, the applicant may file a request for development approval application for an office or industrial condominium development and shall include the information required by this section and any other information that may be required to adequately consider such proposal. A conditional use permit, Precise Plan of Design, tentative tract map, and preliminary site plans, as required by this chapter, shall be submitted to the Planning Division concurrently. The Planning Division shall make recommendations on such project to the Planning Commission for approval, conditional approval, or denial. Tentative tract maps, Precise Plan of Design and conditional use permit applications, filed pursuant to this chapter, shall be processed simultaneously.

(Prior code § 9-3.209)

The information to be filed in support of an office or industrial condominium development and conditional use permit, in addition to those items specified in Sections 11.78.080, 11.80.020 and 11.86.090 of this title, shall consist of the following:

A. A site plan depicting:

1. The building site showing the arrangement and location of all buildings, structures and improvements proposed and to be retained or constructed and the gross floor area and ground floor area of each unit and/or building type. This includes existing and proposed off-site improvements,

2. The location and design of on-site circulation, including pedestrian ways, on-site parking and location, loading areas, and outside storage areas,

3. The location of all landscaped areas, fences and trash storage areas and how the utility services and drainage are to be provided:

B. A landscape plan, including landscape plant schedule, showing the location of existing trees proposed to be removed and proposed to be retained, and the amount, size, type and location of landscaped areas, planting beds, and plant materials, including provisions for 100 percent automatic irrigation;

C. An architectural drawing, renderings or sketches showing all elevations and floor plans of the proposed buildings and structures as they will appear on completion. All exterior surfacing materials and color shall be specified and mounted on a sample board;

D. Scale drawings of all signs and exterior lighting showing the size, location, materials, colors, copy and illumination. This shall include all light standard specifications;

E. Preliminary grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures;

F. Calculations indicating the land area devoted to each proposed use in the planned office or industrial condominium development and its percentage of the total area;

G. A map indicating any proposed division of land within the office or industrial condominium development;

H. A preliminary title report showing the vested ownership and all covenants, conditions, restrictions and reservations of record;

I. A time schedule indicating when construction is to begin, the anticipated rate of development and the approximate completion date, including the phase construction;

J. Any other drawings or additional information necessary to adequately consider the drawings required by this section and determine compliance with the purpose and intent of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-3.210)

To achieve the purpose of this chapter, the Planning Commission shall require, prior to the approval of construction, that all office and industrial condominium developments conform to this Code in effect at the time of approval. Such standards shall include, but are not limited to the following:

A. Office condominium developments may be constructed in C-2, C-3 and A-P Zones subject to the development standards of the underlying zone; all applicable parking and sign regulations; and any conditions of approval as required by Precise Plan of Design and conditional use permit review.

B. Industrial condominium developments may be constructed in M-1, M-2 and MIP Zones subject to the development standards of the underlying zone; all applicable parking and sign regulations; and any conditions of approval as required by Precise Plan of Design and conditional use permit review.

C. In addition to requirements applied because of the zone in which office or industrial condominium developments are located (as indicated in subsections A and B of this section), the following development standards shall apply. Wherever there is a conflict or the appearance of a conflict between the normal zoning requirements and the following condominium requirements, the more stringent standards shall apply unless the conflict is mutually exclusive, in which case this chapter shall apply.

1. Site Area.

a. The minimum gross site area for office condominium developments within a C-2, C-3 or A-P Zone, when developed pursuant to this chapter, shall be 7200 square feet, except that sites with lesser area may be permitted when contiguous to an existing office condominium development constructed to the standards of this chapter or constitute a logical extension in arrangement of buildings, facilities, and open space, per an adopted Specific Plan of Development.

b. The minimum gross site area for industrial condominium developments within an M-1, M-2 or MIP Zone, when developed pursuant to this chapter, shall be 10,000 square feet, except that sites with lesser area may be permitted when contiguous to an existing industrial condominium development constructed to the standards of this chapter or constitute a logical extension in arrangement of buildings, facilities, and open space, per an adopted Specific Plan of Development.

2. Minimum Unit Size.

a. Each office condominium unit shall be a minimum 1200 gross square feet including all structures, parking, open space, and other appurtenant facilities that are reserved for the exclusive use of that unit as well as a proportionate share of all common space and facilities. Also, a minimum average of 600 net square feet of fully enclosed floor area shall be provided for each office condominium unit within an office condominium development. Furthermore, an absolute minimum of 300 net usable square feet of fully enclosed floor area shall be provided for each office condominium unit and/or each individual business, organization, or professional entity permitted to operate on the premises.

b. Each industrial condominium unit shall be a minimum 5000 gross square feet including all structures, parking, open space, and other appurtenant facilities that are reserved for the exclusive use of that unit as well as a proportionate share of all common space and facilities. Also, a minimum average of 2000 net square feet of fully enclosed floor area shall be provided for each industrial condominium unit within an industrial condominium development. Furthermore, an absolute minimum of 1500 net, usable square feet of fully enclosed floor area shall be provided for each industrial condominium unit and/or individual business, organization, or industrial entity permitted to occupy the premises.

3. Utilities. Each office or industrial condominium unit shall have separate water, sewage, and utility connections. Each utility that is controlled by and consumed within the unit shall be separately billed for its use. Each unit shall have access to its own meter(s), heater(s), and air-conditioner(s), and shall not require entry through another unit. Each unit shall have its own electrical panel and access thereto.

4. Fire Rating. Each office or industrial condominium unit shall be constructed with a minimum of one-hour rated construction throughout.

5. Outdoor Storage Areas. Outdoor storage may be permitted in industrial condominium developments as a part of the required conditional use permit when the Planning Commission determines that such storage is adequately screened from public view and will not be aesthetically or materially detrimental to surrounding properties. If the Planning Commission determines that a proposed industrial condominium development can adequately accommodate outdoor storage area(s), then the following standards shall apply:

a. Outdoor storage shall only be permitted within the rear or side yards (except corner side yards) of the development.

b. All outdoor storage areas shall be fully enclosed within a minimum 6-foot-high masonry block wall similar in color and appearance to the primary structure(s). Accessways to storage areas shall be gated with an opaque material such as wood, metal, chain link (with wood slats), or other suitable material. Exception: Chain link fence or a similar material may be submitted for the required masonry block wall between adjoining industrial side and/or rear property lines when the City is presented with a written, mutual agreement between the property owners involved. This exception may apply only to adjoining industrial uses (appropriately zoned) and shall not be permitted when one of the properties is vacant or when the property line in question abuts a public or private street.

c. Only those materials common to the operation of the permitted use of the respective industrial condominium unit shall be permitted in an outdoor storage area. Waste and scrap materials shall be removed at least once a week.

d. Goods or materials within the outdoor storage area may not be stored or stacked so as to exceed the height of the required masonry block wall.

(Ord. 06-871 § 11; Ord. 99-791 Exh. A (part); prior code § 9-3.211)

The following standards shall be considered by the Planning Commission before approving a planned office or industrial condominium development:

A. Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole.

B. Architectural features and complimentary colors shall be incorporated into the design of all vertical exterior surfaces of the building in order to create an aesthetically pleasing project.

C. Particular attention shall be given to incorporating the design, including colors of signs, into the overall design of the entire development in order to achieve uniformity.

D. Vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance.

(Ord. 99-791 Exh. A (part); prior code § 9-3.212)

The following development standards shall be applicable to office and industrial condominium developments in addition to those required in Section 11.88.100:

A. Grading: Notification of Completion and Written Certification Required. The permittee or his/her agent shall notify the City Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted, including written certification that work completed is in accordance with the final approved grading plan.

B. Landscaping: Notification of Completion and Written Certification Required. The permittee or his/her agent shall notify the Director of Community Development when the final landscaping installation is ready for inspection. Final approval shall not be given until all work, including installation of plant material and irrigation systems, has been completed in accordance with the approved landscape plan the permittee has submitted, written certification that the work that has been completed is in accordance with the final approved landscape plan.

C. Energy Conservation. The project shall be designed to fully comply with all energy conservation features and materials required by current State and local requirements.

D. Fire Detection System. Fire protection appurtenances shall be provided as may be required by current State and local requirements.

E. Security Measures. The general design of any proposed planned residential development shall facilitate the reduction of crime. Individual unit security shall be a significant consideration in the construction of the development, in accordance with the City's current security ordinance.

(Ord. 99-791 Exh. A (part); prior code § 9-3.213)

In order to ensure maintenance of all streets, parking areas, and landscaping within all common areas of any and all office and industrial condominium developments, the following provisions shall be contained in the covenants, conditions and restrictions and shall be recorded with the tract map. No such CC&R's shall be acceptable until approved by the Director of Community Development as to suitability for the proposed use and maintenance of the streets, parking areas, and other common areas and shall also be approved by the City Attorney as to legal form and effect. These provisions shall include, but not be limited to the following:

A. Provisions for the maintenance of all parking, streets, landscaping, and other common areas by an association of the individual office or industrial condominium unit owners;

B. Provisions for the common use of all parking facilities and streets by each office or industrial condominium unit;

C. Provisions restricting the use of each office or industrial condominium unit to the uses permitted by this title in Section 11.88.050 of this chapter;

D. Provisions requiring the continued maintenance of design and building standards which are approved through the required Precise Plan of Design including but not limited to construction details, exterior finishes and colors, landscaping, outdoor storage areas, and signing. Any changes must be approved through a separate Precise Plan of Design;

E. The final CC&R's, upon approval by the City, shall be recorded with the final tract or parcel map;

F. The City shall be made a party to the CC&R's shall approve any changes or amendments to the CC&R's;

G. The City shall be granted the power to enforce all provisions of the CC&R's including but not limited to the maintenance of all streets and parking areas and landscaping within all common areas;

H. The City shall be granted the express power to enforce all laws and ordinances of the State of California and/or the City on the private streets, alleys and parking areas within the project; nothing within the CC&R's shall be construed as imposing an obligation or requiring the City to enforce any provision of the CC&R's;

I. The City shall be entitled to prior written notice of any proposed amendment to the CC&R's. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City, c/o City Clerk, together with a letter of transmittal explaining the proposed change in general terms. The City shall have an opportunity to review and comment upon the proposed amendment for a period of not less than 45 days prior to the effective date of any such proposed amendment;

J. Right of Entry. The City, through its duly authorized agents or employees, shall have the right to enter upon the common areas for the following purposes:

1. Inspection, maintenance and repair of the landscape and private street components of the common areas where such maintenance and repair is required,

2. Enforcement of local traffic and/or parking regulations: All privately owned and maintained streets, drives, alleys and parking areas shall be open for the use of the public for purposes of vehicle traffic and are so connected with highways and streets and that provisions of the Vehicle Code of the State of California may be applied in their entirety to them. Whenever by this provision, or any other law of the City, parking is restricted or prohibited and signs are erected giving notice thereof, the officers of the City Police Department may cause the vehicles in violation thereof to be towed away and stored at the expense of the owner, operator, or person to whom the vehicle is entitled to be released, and the vehicle shall not be released except upon payment of the towing and storage costs. In tow-away zones, the Director of Public Works shall cause to be erected appropriate signs giving notice thereof;

K. Reimbursements of City expenditures by the association: All costs and expenses incurred by the City arising out of its maintenance and repair of the common areas, as provided in subsection (J)(1) and (2) of this section, shall be charged as an expense of the homeowners' association and shall be paid within 30 days of receipt of an invoice for same;

L. Assessments and lien rights of the City: If City maintenance costs are not paid with 30 days from the date due, said unpaid costs and expenses shall become a special assessment against the property, and upon hearing and confirmation by the City Council shall be collected in the same manner as real property taxes and shall be subject to the same penalties, procedures and sale in case of delinquency as is provided for real property taxes;

M. Provisions requiring notification of the City as to the name of a contact person(s) from the condominium owners' association. Said notification shall be made at the inception of the association and whenever the name of said contact person(s) changes due to election, resignation, or reorganization;

N. Provisions requiring compliance with the CC&R's by each condominium unit owner and the association as well as all tenants, lessees, or other persons or parties making use of the office or industrial condominium development property and/or facilities.

(Ord. 99-791 Exh. A (part); prior code § 9-3.214)