408.03: NEW COMMERCIAL AND INDUSTRIAL CONDOMINIUMS:

A. Purpose. The ownership of commercial and industrial condominiums is distinguished by a sharing of responsibility that is not common to most other types of development. As a result, the purpose of this Series is to establish criteria for the

construction of new commercial and industrial condominiums to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large.

B. Applicability. The regulations set forth in this Series shall apply to the construction of new commercial and industrial condominiums.

If a commercial or industrial condominium is proposed in combination with a residential condominium, the requirements of this section and Section 408.01, New Residential Condominiums, shall be read together, with the relevant requirements applying to the portions of the project.

C. Conditional Use Permit and Maps Required. A conditional use permit and tentative map approved by the City Council is required for all commercial and industrial condominium applications.

D. Application and Fees. The applicant of a proposed commercial or industrial condominium project shall submit the required number of copies of the Conditional Use Permit application and tentative maps to the Zoning Administrator, together with the requested filing fee. In addition to the required permit and map submittals, the applicant shall submit:

1. Development Plan. A development plan of the project including location and sizes of structures, exterior elevations, parking layout, and access areas;

2. Landscaping Plan. A preliminary landscaping plan of the project indicating the types and sizes of landscaping materials and permanent irrigation facilities;

3. Reserve Fund Study. A reserve study showing the amount which must be set aside as long-term reserves for capital and maintenance replacement.

4. Covenants, Conditions and Restrictions. The proposed covenants, conditions and restrictions (CC&Rs); and

5. Additional Information. Any other information the Zoning Administrator find necessary to evaluate the project.

E. Development Standards. In addition to the development standards contained in the applicable zoning district that permit commercial and industrial condominiums, the following development standards shall apply:

1. Sound Transmission.

a. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

b. Noise Standards. Common walls and floors between dwelling units shall comply with the California Building Code provisions governing noise resistance for newly constructed common wall and floors.

F. Trash and Recycling Collection Areas. Trash and recycling collection areas shall be provided within two hundred fifty (250) feet of the units they are designed to serve, and shall comply with the City of Porterville specifications for trash enclosures.

G. Utilities. All units shall have separate gas and electric meters and provisions for individual shut-off of all utility valves, including water.

H. Warranty for Improvements. The subdivider shall provide to the Condominium Association and/or purchaser a one (1) year warranty on all physical improvements required under this section.

I. Long Term Reserves. Prior to approval of the final map, or parcel map if no final map is required, the subdivider shall provide evidence to the city that a long-term reserve fund for replacement has been established in the name of the condominium association. Such fund be based on a reserve study showing the amount which must be set aside monthly for the reserve account.

J. Covenants, Conditions, and Restrictions. Project covenants, conditions, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel Map.

1. Right of Public Entry to Common Area. Officers, agents, and employees of the city, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all

Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.

2. Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the Condominium Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.

3. Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas.

4. Access for Construction, Maintenance, or Repairs. Each Owner and the Condominium Association shall have the right to enter upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common.

5. Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Condominium Association’s right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Condominium Association assumes control of the project, or at that time renegotiate any such contracts.

6. CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the city. (Ord. 1870, 6-2-2020)