Chapter 17.88 — ADMINISTRATIVE PROCEDURES AND REQUIRED PERMITS

No building other than an accessory building, shall be erected for any use or uses, except single-family dwelling uses, until a site plan covering the parcel or parcels to be used has been approved or conditionally approved, as herein provided, and no building permit for such building shall be issued until such approval or conditional approval has been given.

A.

Filing of Site Plan—Filing Fee. The site plan, as well as an application for the approval thereof, in such form as the planning commission may prescribe, shall be filed with the commission, and shall be accompanied by a filing fee in an amount to be determined by resolution of the city council.

B.

Contents of Site Plan. The site plan shall include the following information, together with any future data which the planning commission may require in a particular case:

1.

A sketch or drawing, according to a stated scale, showing the boundaries and dimensions of the parcel or parcels to be used, and the location and width of adjacent streets, as well as sidewalks, if any. Adjoining, contiguous properties shall be shown in order to assist with understanding the location and orientation of proposed projects;

2.

Location, dimensions and use of any existing buildings on the premises, and the location and species of any existing trees;

3.

Location, dimensions and use of all buildings to be erected on the premises;

4.

Location and dimensions of any signs;

5.

Location and dimensions of yards and spaces between buildings;

6.

Location and height of any fences or walls, existing or proposed, and the materials used or to be used;

7.

Location and dimensions of the proposed off-street parking facilities, including parking spaces, maneuvering areas, driveways and pedestrian walkways;

8.

Location and dimensions of proposed planting strips and other landscaped areas, and kinds of vegetation to be used;

9.

Location and general nature of lighting;

10.

Location, dimensions and method of improvement of all property to be dedicated to the public or to public utilities;

Plans or reports indicating proposed treatment and disposal of sewage and/or industrial waste;

12.

Location and treatment of refuse areas.

C.

Review by Advisory Review Committee. Upon the filing of the site plan, the advisory review committee of the planning commission shall review the same and shall make a written report to the commission recommending the approval, conditional approval or disapproval of the plan. If conditional approval of the plan is recommended, the report shall contain a statement of the conditions. If disapproval is recommended, the report shall set forth the reasons therefor.

D.

Action by Planning Commission.

1.

After receiving the report of the advisory review committee, the commission shall approve, conditionally approve or disapprove the site plan. The action thus taken shall be endorsed on the plan or shown by a memorandum attached thereto. If the plan is disapproved, the reasons therefor shall be stated. The planning commission shall report its action to the applicant, and such report shall include a copy of any such memorandum.

2.

The planning commission may conditionally approve the site plan requiring such conditions as will protect the public peace, health, safety and general welfare and will make possible the development of the proposed site in an orderly and efficient manner and in general accord with all elements of the general plan and the intents and purposes of this title.

3.

As a condition of approval of any site plan affecting territory designated with the AN combining district, actual improvements shall be constructed and/or a development fee, as established by resolution of the city council, shall be paid to the public works department in order to offset the cumulative impacts on the road system within the city and urban area as defined in the Nevada County regional transportation plan and the fire protection, water and sewer system within the city. The fees shall be paid at the time of the issuance of the building permit.

4.

Where public services are provided by independent special districts which have declared themselves to be impacted by development, a written statement from such special district(s) acknowledging their ability to serve the project will be required prior to approval of the site plan. The written statement may recite that an agreement has been reached between the developer and the district to offset the impacts on the district.

5.

As a condition of approval of any site plan, the planning commission may require the developer to install all improvements in streets, alleys, pedestrianways, bicycle paths, drainage channels, easements and rightsof-way as are necessary for the general use of residents and users of the project and for local traffic and drainage needs, and said improvements may include pavement, curbs, gutters, sidewalks, culverts, bridges, retaining walls, storm drains and drainage works, water mains and laterals, sanitary sewers, fire hydrants, street lighting facilities, street signs, bus stops, and other improvements as required.

E.

Standards of Site Plan Review. The purpose of site plan review, which shall guide the commission in its action thereon, is to assure that the requirements of this title and the general plan are complied with in a manner that will not substantially depreciate property values in the vicinity, or unreasonably interfere with the lawful use and enjoyment of other properties in the vicinity, or endanger the public health, safety and welfare.

F.

Appeal to City Council. Any applicant for site plan review who is dissatisfied with the action of the planning commission thereon may appeal therefrom to the city council by filing a written notice of appeal with the city clerk within fifteen (15) days after the date of the commission's action. Upon the filing of an appeal, the council shall set the matter for hearing, and the hearing shall be held within thirty (30) days after the date of the appeal. Written notice of the hearing shall be given to the appellant at least ten (10) days prior to the hearing date.

G.

Compliance with Approved Site Plan. It shall be unlawful for any person to do or perform any act, or to cause any act to be done or performed, which is not in conformity with, or which is a violation of, any approved site plan or any condition thereof, and no building permit shall be issued for any building which does not comply with all of the requirements and conditions of such plan.

(Ord. 92-07 (part), 1992; Ord. 87-2 § 16.10, 1987)

A.

The purpose of the conditional use permit is to allow the proper integration to the community of uses which may be suitable only in specific locations in a zoning district or only if such uses are designed or laid out on the site in a particular manner.

B.

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations.

C.

In considering an application for a conditional use, the commission shall give due regard to the nature and condition of all adjacent uses and structures. The commission may deny an application for a conditional use permit, and in authorizing a conditional use, the commission may impose such requirements and conditions with respect to location, construction, maintenance, and operation, in addition to those expressly stipulated in this title for the particular use, as they may deem necessary for the protection of adjacent properties and the public interest.

1.

Conditional use permits, revocable, or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title.

2.

The filing fee shall be an amount to be determined by resolution of the city council.

3.

The application shall be accompanied by maps and drawings necessary to demonstrate that conditions set forth herein are fulfilled.

4.

The commission shall hold one (1) public hearing upon an application for a conditional use permit.

5.

A notice of said hearings shall be mailed at least ten (10) days prior to such hearing to all property owners, any part of whose property lies within a radius of three hundred (300) feet of the applicant's property, using for this purpose the name and addresses shown on the last officially adopted assessment roll for Nevada City.

D.

Conditions. Conditions imposed in the granting of a conditional use permit may involve any pertinent factor affecting the establishment, operation and maintenance of the requested use, including but not limited to:

1.

Special yards, open spaces and buffer zones;

2.

Fences and walls;

3.

Parking facilities, including vehicular ingress and egress;

Street and highway dedication and improvement, including sidewalks, curbs, gutters and street lights and bus stops;

5.

Water supply and fire protection in accordance with city standards;

6.

Landscaping and maintenance of grounds;

7.

Regulation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odor, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

8.

Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

9.

Regulation of signs, including outdoor advertising;

10.

Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

11.

A site plan indicating all details and data necessary for the consideration and granting of the conditional use permit;

12.

For areas in the "-AN" combining district, actual construction of improvements and/or the payment of a development fee as established by the latest resolution of the city council to offset the cumulative impacts on the road system within the city and urban areas as defined in the Nevada County regional transportation plan. The fee shall be paid at the time of the issuance of the building permit, where applicable, or before the commencement of the use of the use permit;

13.

Where public services are provided by independent special district(s) which have declared themselves to be impacted by development, a written statement from such special district(s) acknowledging their ability to serve the project will be required prior to approval of the site plan. The written statement may recite that an agreement has been reached between the developer and the district(s) to offset the impacts on the district;

Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purposes of this title.

Provided that the commission is satisfied that the proposed structure or use conforms to the requirements and the intent of this title and the Nevada City general plan, that any additional conditions stipulated by the commission as deemed necessary in the public interest have been met, and the applicant has demonstrated that the requested use will not jeopardize, adversely effect or be detrimental to the public health, safety and welfare or to the surrounding property and residents, the commission may issue a conditional use permit.

E.

Upon the hearing the commission shall make a written decision setting forth its findings and granting or denying the conditional use permit. If the conditional use permit is granted, the decision shall not become operative until fifteen (15) days after the date on which it is made, and if a timely appeal is taken to the city council, said decision shall be further stayed until the final decision is made by the council.

F.

In any case where the conditions of a conditional use permit have not been or are not being complied with, the commission shall give the permittee notice of intention to revoke such permit at least ten (10) days prior to a commission hearing thereon. After the conclusion of the hearing, the commission may revoke such a permit.

G.

In any case where the commission finds the conditional use permit has not been exercised within the time limit set by the commission, then without further action the permit shall be null and void.

H.

Any person dissatisfied with any action of the commission on a request for a conditional use permit may appeal thereon to the city council, at any time within fifteen (15) days after the rendition of the decision of the commission. The appeal shall be filed with the city clerk. Upon payment of the appropriate filing fee as established by resolution of the city council, the city clerk shall set the matter for hearing, no part of which shall be refundable.

I.

The city council shall hold a hearing upon said appeal after giving written notice and by causing a notice thereof to be published in at least one (1) regular issue of the official newspaper of the city and posting notices in conspicuous places near the property in question at least ten (10) days prior to said hearing by the council.

(Ord. 92-07 (part), 1992; Ord. 87-2 § 16.20, 1987)

A.

The planning commission or city council, if appealed, shall have the power to grant variance permits, exclusive of use variances, allowing for variances from the rules, regulations and provisions of this title when it can be found and determined that there are conditions which would make the strict enforcement of the provisions of this title result in practical difficulties or unnecessary hardship, or would deny the property owner of a reasonable use of the property. Prior to final action on the variance, the commission may require the applicant to submit any additional data that may be needed to substantiate the variance request. The conditions permitting a variance are:

1.

Variance from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical classification.

2.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

3.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property.

B.

The filing fee for a variance application shall be an amount to be determined by resolution of the city council.

C.

The application shall be accompanied by maps and drawings necessary to demonstrate the conditions set forth above apply.

D.

The notice, hearing and appeal procedure in the variance process shall be identical to those set out for site plans and use permits elsewhere in this chapter.

(Ord. 87-2 § 16.30, 1987)

A.

An architectural review permit shall be required and the planning commission shall be the architectural review committee for all applications for the erection or exterior alteration of any buildings and structures, or the removal, demolition or razing of any structures. No building of special historical or architectural interest or value, or an example of the Mother Lode type of architecture, situated inside or outside the historical district, shall be torn down, demolished or removed unless the planning commission makes a finding that such building has become so damaged or dilapidated, whether from damage by fire or other elements or from natural deterioration that it is unusable and cannot reasonably be repaired or restored. Whenever the building or structure to be removed or demolished has some special historical or architectural interest or value, or is an example of Mother Lode architecture, the planning commission, as a condition of granting the demolition, may require the replacement building to reflect the style or character

of the building being demolished, and the planning commission may require that the demolition application be accompanied by architectural plans and details for the proposed replacement structure. Additionally, when considering a request for demolition, the planning commission may consider the effect of the demolition on the low- and moderate-income housing stock and may require that replacement structures address this loss of housing. Also, the planning commission may require the applicant for a demolition permit to pay for city staff or one (1) or more expert consultants to evaluate the historical significance and/or structural condition of the building.

If a structure having Mother Lode architecture or a structure of special historical significance or architectural significance is torn down without a demolition permit, then any replacement structure shall:

1.

Have the same footprint, floor area and height as the structure torn down; and

2.

The replacement structure shall be designed such that its outward architectural appearance shall be the same as the structure which was torn down, including the use of the similar type of building materials used in the original structure, consistent with current building codes;

3.

A cash bond representing one hundred twenty-five (125) percent of the anticipated cost of the replacement structure must be posted before a building permit is issued;

4.

A demolition permit shall be required whenever more than twenty-five (25) percent of any existing wall area and/or building materials or more than twenty-five (25) percent of the existing structure is to be removed;

5.

The replacement structure shall lose any grandfathered rights that the original structure had except where the grandfathered right is needed to comply with subsections (A)(1) and (2) above;

6.

The replacement structure need not comply with the existing land use regulations if necessary to meet the requirements of this section at the city's discretion.

B.

The city's goal in requiring architectural review is to implement the goals of the city's general plan by preserving the character of Nevada City architecture in terms of historical value, site coverage and planning, volume and massing, materials, general design and details. Historical district work must be in strict keeping with the Mother Lode era as further discussed in Article II of Chapter 17.68 of this title. Preservation of original historic materials is strongly encouraged.

C.

The planning commission shall review each application on its own merit and in the context of the neighborhood of the project. For example, plywood siding might be acceptable in an area of modern, similar homes, but not in neighborhood of old Victorian homes. In new projects, where no existing neighborhood sets the tone of the architectural style, the architecture shall be reviewed for general compatibility with Nevada City's style of architecture.

However, any modern building material can be used on new homes outside the historical district. Metal shake and other available roofing materials shall be permitted throughout the city, except in the historical district, on all new construction and all existing buildings.

Generally, Nevada City architecture is characterized by many of these design features typical of the Mother Lode era: steep peak roofs with pitches between 6:12 and 12:12, overhanging roofs with gable ends, covered porches and entries, multipane, vertical and bay windows, and the use of horizontal painted rustic siding. Alterations to older homes should match existing, historic materials and details. Synthetic materials with no historical basis are discouraged.

A manufactured home and the residential lot on which it is placed shall only be subject to the same development standards to which a conventional single-family dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, off-street parking, aesthetic requirements and minimum square footage requirements. Any architectural requirements imposed on the manufactured home structure itself shall be limited to its roof overhang, roofing material and siding material. Under no event can these architectural standards exceed those which would be required of conventional single family dwelling constructed on the same lot. Said manufactured home must not be older than ten (10) years between the date of manufacture and the date the application for the issuance of a building permit to install the manufactured home is filed with the city.

D.

Any decision of the planning commission sitting as an architectural review committee may be appealed to the city council not later than fifteen (15) days after the final action or decision taken by the planning commission with respect to the application.

E.

Nothing contained in this section shall prevent an appeal by the applicant to the city council prior to the taking of a final action by the planning commission. However, in the event that an appeal is taken prior to the taking of final action by the planning commission, the planning commission may make a recommendation to the city council that it defer its rulings or actions until such time as the planning commission has had an opportunity to meet as a committee of the whole to review and modify or approve the action of the architectural review committee.

F.

The following types of architectural changes are exempt from planning commission review and approval and the required architectural permit may be issued by the city staff: changes of paint colors, reroofing, or changes in roof colors, only outside of historical district (HD) boundaries.

Whenever the city staff is uncertain as to the appropriateness of such changes, the application may be referred to the planning commission for review and action.

No architectural review outside the historical district is required for additions to or the remodeling of a single-family residential unit as set forth below.

The city planner may approve additions to or the remodeling of single-family residential units, provided that the proposed construction meets the following standards:

1.

The materials match those of the existing residence.

2.

The addition or modification meets all required zoning and fire code setbacks.

3.

The proposed new floor area, together with other additions in the last five (5) years is less than twenty-five (25) percent of the existing conditioned living area of the residence.

4.

The addition or remodel does not result in a significant change to the architecture of the property in question. In the event the city planner determines that the addition or remodel may result in a significant change to the architecture of the property or generates significant public interest, the application shall be sent to the planning commission for architectural review.

(Ord. 2004-01 § 1, 2004; Ord. 2001-09 § 1, 2001; Ord. 97-01 §§ 4, 5, 7, 1997; Ord. 92-06, 1992: Ord. 90-1 Exh. B, 1990: Ord. 87-2 § 16.40, 1987; Ord. No. 2009-06, § 2(Exh. A-9), 9-9-2009)

17.88.050 - Appeal periods and procedures.

A.

Appeal Bodies Defined. The following appeal bodies are defined for any and all land use decision governed by this title, as well as environmental review:

1.

Planning decisions made by the advisory review committee or the city staff may be appealed to the planning commission. Where the ordinance allows for staff approval, the staff may optionally refer the decision to the planning commission for a decision. City staff decisions shall be based on current ordinances and adopted design guidelines.

2.

Decisions made by the planning commission may be appealed to the city council.

B.

Appeals must be made in writing to the city clerk, within fifteen (15) days of the decision. The appeal letter or information must include the reason why the appeal is necessary and must be accompanied by the filing fees currently prescribed by ordinance.

(Ord. 97-01 § 8, 1997; Ord. 87-2 § 16.50, 1987)

17.88.060 - Time limits and expirations.

A.

Unless otherwise specified in the section of this title dealing with the use in question, all permits approved under this title, including commercial or industrial site plan, conditional use permits, variances and architectural review must be utilized within two years of city approval.

B.

Utilized means that substantial progress should have been made by the following steps:

1.

A building permit shall have been issued if applicable; and

2.

If construction is involved, the foundation and subfloor and rough plumbing shall have been installed and inspected, and progress should be actively continuing on the construction; or

3.

If no construction is involved and the permit involves a use only, then that use shall have been established with all conditions of occupancy met prior to the two-year expiration.

C.

Upon receipt of a written request from the applicant or property owner prior to the expiration of the permit, the planning commission may grant an extension of the permit for one year at a time but not to exceed five years total from the original approval date.

D.

In considering the extension of time of the permit, the commission may elect to hold a new public hearing on the project for the purpose of discussing the adequacy of the approval conditions and for adding or modifying the approval conditions, when the commission finds that there have been substantial changes in the circumstances surrounding the permit, or that ordinances governing the use have changed substantially, or that the attitude of the public is likely to have changed substantially since the original approval. The commission may request that the applicant seeking the extension pay the cost of a new public hearing, and upon receipt of this payment, the commission will schedule the public hearing. The actions of the commission under this subsection may be appealed to the city council, in accordance with the provisions of this chapter.

(Ord. 87-2 § 16.60, 1987)

Chapter 17.92 - PLANNING COMMISSION

The planning commission shall have the following specific powers and duties:

A.

Permit the extension of a zone where the boundary line divides a lot in a single ownership at the time of the passage of the ordinance codified in this title;

B.

Interpret the provisions of this title in such a way as to carry out its intent and purpose as shown upon the map accompanying and made a part of this title, where the street layout actually on the ground varies from the street layout as shown on said map;

C.

Permit, when incidental to a residential development, a temporary building, contractor's storage and construction yard, when enclosed by a solid fence, in any zone from which it is prohibited. Such conditional use permit for tools of construction shall be subject to the following conditions:

1.

Such conditional use permit shall be issued for a period of not more than one year.

2.

The commission may renew such permit for an additional period upon written application at least thirty days prior to its expiration.

D.

Adopt from time to time such policies as may be necessary to carry into effect the provisions of this title.

E.

Allow accessory uses in any residential zone by a physically handicapped person when such uses are clearly incidental to the use of the property for dwelling purposes, subject to the following conditions:

1.

Said uses may be permitted for a period of one year and shall be subject to such conditions as may be designated by the commission.

2.

Said time limit may be extended for additional one year periods upon application in writing to the commission prior to the expiration thereof.

3.

Said application for conditional use permit shall be subject to a filing fee in an amount to be determined by resolution of the city council.

(Ord. 87-2 § 17.10, 1987)

Chapter 17.96 - AMENDMENTS, REZONING AND PREZONING

A.

Proceedings for rezoning, prezoning, specific plans, or other amendments to this title may be initiated by the city council, the planning commission, or upon the written application of one or more property owners affected by the proposed amendment.

B.

Individuals may initiate the aforesaid actions by filing an application with the clerk. Such applications shall be accompanied by a filing fee in an amount to be determined by resolution of the city council.

(Ord. 87-2 § 17.10, 1987)

Chapter 17.100 - ANNEXATIONS

Prezoning of lands proposed to be annexed shall be required prior to the city council's approval to annex said lands, except when the council makes one or more of the following findings:

A.

The land area involved is one acre in size or smaller, and is not likely to ever be developed for any use other than single-family residential at a density of no more than four units per acre;

B.

The land area is already developed with single-family dwellings, and no further development is anticipated in the future;

C.

The annexation of the subject area has already been addressed in an environmental impact report and provisions have been made to mitigate the direct and cumulative impacts of the annexation;

D.

The annexation of the area is necessary to protect the public health, safety, and welfare.

(Ord. 87-2 § 21.01, 1987)

In every case where territory is hereafter annexed to the city without prezoning, such territory shall be, and is hereby, zoned R1 single-family residential zone or such other residential zoning district as may be permitted by the General Plan densities.

(Ord. 87-2 § 21.02, 1987)

All annexations, including the exceptions listed in Section 17.100.010, shall undergo environmental review in accordance with current procedures (at the time of the application) of the city to meet the requirements of the California Environmental Quality Act.

(Ord. 87-2 § 21.03, 1987)

In considering any prezoning request, the city may require that prezoning incorporate the "-SP" site performance combining district, in order to condition the prezoning or limit the permitted uses.

(Ord. 87-2 § 21.04, 1987)

Chapter 17.104 - CONDOMINIUMS AND CONDOMINIUM CONVERSIONS

The intent and purpose of this chapter is to establish standards for condominiums in order to:

A.

Provide standards to regulate the design or location of buildings in a condominium project pursuant to Section 66427 of the Subdivision Map Act;

B.

Provide a method to approve separate ownership of units within multiple unit buildings or upon a parcel of land containing more than one unit;

C.

Regulate the design and location of buildings in condominium subdivisions to insure that the quality of development for condominiums is reasonably consistent with other forms of development intended for separate ownership;

D.

Provide for conversion of existing developments to condominiums or community apartments, provided such conversion meets the intent of this chapter and standards which apply to units constructed as condominiums or community apartments;

E.

Ensure that new forms of ownership of multiple-family dwelling or commercial space structures maintain consistence with the historic and architectural character of the city.

(Ord. 87-2 § 25.01 (part), 1987)

17.104.020 - Applicability of provisions.

A.

For purposes of this chapter, "condominiums" includes community apartments and conversion of existing developments to condominiums or community apartments.

B.

The provisions of this chapter shall apply to condominiums and to community apartments as defined in Section 783 of the Civil Code and Section 11004 of the Business and Profession Code and to the conversion of existing structures to condominiums or community apartments. All condominiums and community apartments shall be and comply with all of the requirements of a residential planned unit development as set out in the "-PD" planned development combining district in this title.

(Ord. 87-2 §§ 25.01 (part), 25.020, 1987)

A.

A condominium tentative map shall be required for all condominiums to be constructed or converted in the city. Application for a condominium tentative map shall be made to the city council through the planning

commission (or as appropriate) in accordance with the procedures set forth in this chapter.

B.

An application for a condominium tentative map may be made only by the record owner or owners of the property or with the written permission of the owner(s) on which the development is proposed to be constructed. The application shall be accompanied by plans in sufficient detail to allow review pursuant to this chapter, a legal description of the property involved and an explanation and description of the proposed use.

C.

The application shall be accompanied by a tentative map which is in accordance with Title 16 of this code. Approval of tentative subdivision or parcel map is required in order to proceed with development of a condominium.

D.

The application shall be accompanied by drawings indicating the site plan of the proposed buildings and a landscape plan, all in accordance with Chapter 17.80 of this title.

E.

All applications shall include a conversion or construction schedule. If the applicant contemplates the conversion or construction of a condominium in phases, the application shall so state and shall include a proposed construction schedule.

F.

If the project is to provide open areas and recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, including conditions, covenants and restrictions, acceptable to the city, for the preservation and maintenance of the common elements of the property.

G.

If the applicant proposes to convert existing buildings to a condominium, the plans shall reflect the existing buildings and show all proposed changes and additions.

(Ord. 87-2 § 25.030, 1987)

The filing fees for a condominium tentative map shall be as established by the city council.

(Ord. 87-2 § 25.040, 1987)

The planning commission shall consider the application for condominiums and shall report its recommendation to the city council.

(Ord. 87-2 § 25.050, 1987)

The city council may approve, conditionally approve or disapprove a condominium tentative map. Such determination shall be made in accord with this title, the General Plan and any applicable specific plans.

(Ord. 87-2 § 25.060, 1987)

After approval of the condominium tentative map, the applicant shall prepare a reproducible copy of the approved condominium site plan known hereafter as the "final condominium plan," which shall incorporate all requirements of the condominium tentative map approval. The final condominium plan shall be submitted to the city council for approval. Prior to final approval of the condominium plan, the council shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed.

(Ord. 87-2 § 25.070, 1987)

The expiration, extension or revision of a condominium tentative map shall be within the continuing jurisdiction of the commission, notwithstanding any other applicable local ordinance provision.

(Ord. 87-2 § 25.080, 1987)

17.104.090 - Exceptions.

A.

Condominiums with four or less units shall be reviewed in accordance with the provisions of this section.

B.

A site plan for such projects, which shall include all design criteria and development standards as contained in this chapter shall be submitted to the planning commission which may approve, conditionally approve or disapprove the plan. The planning commission's decision may be appealed to the city council within fifteen days of the date of the action of the planning commission.

C.

An application for a site plan shall require approval by the planning commission of the site plan, all design criteria and development standards, and all of the architectural style in order to proceed with development of a condominium of four or less units.

(Ord. 87-2 § 25.090, 1987)

The following design criteria shall apply to all condominiums:

A.

The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located.

B.

The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.

C.

The plan shall provide for adequate circulation, off-street parking, open recreational areas and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site.

D.

The internal street system shall not be a dominant feature in the overall design, but rather it shall be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

E.

Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well-related to any common open spaces provided.

F.

Pedestrian circulation shall be safe, properly lighted and integrated to provide walkways between public streets, parking areas, common recreation areas and the units.

G.

Architectural review and site plan approval shall be required pursuant to the provisions of this title.

(Ord. 87-2 § 25.100, 1987)

In addition to any requirements that may be imposed as conditions of approval for a condominium, a condominium development for residential structures shall meet all development standards of the underlying zone.

A.

Setbacks. Special building setbacks or yard requirements from private streets, private driveways and open parking areas are required as follows:

1.

All structures shall be set back from the right-of-way of a private street at least ten feet. A "private street" is a private driveway with a length greater than three hundred feet if closed at one end, or six hundred feet where access is provided at both ends, and serving thirty or more parking spaces, or serves the purpose of a public street as determined by the city engineer.

2.

Building setbacks from private driveways shall not be less than ten feet.

3.

Building setbacks from open parking areas shall not be less than five feet.

B.

Parking. Parking lot construction shall be constructed in accordance with the standards of Chapter 17.80, except that additional guest parking may be required based on a case-by-case review of projects.

C.

Refuse Area. Centralized refuse pickup areas shall be required for developments with five or more units unless condominium plans specifically show provisions for individual pickup. Centralized refuse pickup areas shall be constructed of three and one-half-inch portland cement concrete floor, six-foot-high walls and solid gate, unless alternatives are specifically approved as part of the condominium tentative map. The centralized refuse area shall be accessible to refuse trucks and not readily visible from a public street. The refuse areas shall be designed to accommodate a three-cubic-yard container for every ten living units.

D.

Storage Space. Storage space of at least two hundred forty cubic feet in area shall be provided for each unit. This space shall be enclosed, meet building code requirements, and be conveniently accessible to the outdoors. The storage space may be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit.

E.

Laundry Facilities. Laundry facilities are required individually for each unit. Plumbing and utilities for such facilities shall not be located within a wall common with a dwelling unit.

F.

Open Recreation Areas. Open recreation area(s) are required and shall be situated at each unit as a privately owned area, separate area, separate from the units for common use, or in combination of private and common. Open recreation area(s) shall be provided as follows:

Areas designated for open recreation uses shall be provided at a ratio of two hundred square feet per dwelling unit.

2.

The minimum lineal dimension of any of the areas shall be at least ten feet, except balconies used for open recreation may qualify provided the minimum lineal dimension is six feet.

3.

Credit may be given for commonly owned indoor recreation areas on an equal basis up to fifty percent of the requirement.

4.

The city may require the preservation of scenic natural features such as rock outcroppings, creels, wooded areas, vistas or other features deemed worthy of preservation. Credit for recreation requirements may be given on an equal ratio up to fifty percent of the requirement. Areas graded with slopes greater than fifteen percent are not considered meeting the intent of this subsection.

5.

Areas may be patios, balconies, swimming pools, tennis courts, childrens' playgrounds, picnic areas or other similar areas.

6.

This area shall not be situated in any required front yard.

G.

Landscaping. A landscape plan and general description of an irrigation facility shall be submitted with the condominium application indicating plant type and irrigation design. Wherever possible, the description shall include water conservation measures and low maintenance landscaping.

H.

Signs. In addition to signs allowed by the underlying zone, community identity signs identifying condominium developments with five or more dwelling units may be approved by the city council on recommendation of the planning commission.

I.

Utilities.

1.

Separate gas and electric services shall be required for each unit. Meters may either be at the unit or in easily located clusters.

2.

Separate water service shall be required for detached units and units that share a common wall ("wall" is not the combination of floor and ceiling). Meters may either be at the unit or in easily located clusters.

3.

Common water service is permitted for multi-storied buildings where units share a combination of floor and ceiling. However, in developments with more than one main multi-storied building, this permitted common meter is required for each main multi-storied building.

4.

Separate water meters for water servicing common landscape and recreation areas are required.

5.

All distribution utilities shall be placed underground.

J.

Private Streets. If private streets are contemplated, the application shall so indicate. The city council may approve or disapprove private streets as a part of its action on the application. If the city council approves private streets, they shall be constructed in accordance with such standards as the council may require as a condition of approval for the condominium.

(Ord. 87-2 § 25.120, 1987)

All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, refuse areas, screening sewers, drainage facilities, utilities, open space, recreation facilities, and other improvements not dedicated and accepted for public use shall be maintained by the property owners. Any failure to maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.

(Ord. 87-2 § 25.130, 1987)

17.104.130 - Conversion to condominium—Procedure generally.

A.

Conversion of existing buildings to condominiums shall be processed in the same manner and meet all the standards prescribed in this chapter for a condominium. In addition, the structure to be converted must meet present city building regulations.

B.

An application for conversion of an existing structure to a condominium shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will

be required. Also, the application shall include a letter from Pacific Gas and Electric Company explaining that the plans to connect the gas and electric system to separate systems is acceptable.

(Ord. 87-2 § 25.140, 1987)

In addition, to all other required findings for a subdivision, city council shall find that:

A.

Each of the tenants of the proposed condominium or community apartment house project has been or will be given one hundred twenty days' notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.

B.

Each of the tenants of the proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right.

(Ord. 87-2 § 25.150, 1987)