Chapter 16.30
CONDOMINIUMS
Sections:
16.30.020 Condominium defined.
16.30.030 Standards – General.
16.30.050 Structural requirements.
16.30.070 Inspection and fees.
16.30.010 Purpose.
Residential condominiums differ from other residential subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas. The purpose of this chapter is to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominiums. (Ord. 368 § 1, 1981).
16.30.020 Condominium defined.
A condominium is defined in accordance with Civil Code Section 783, to be an estate in real property consisting of an unidentified interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. For purpose of interpreting this chapter, the term condominium shall include, but not be limited to, the following:
A. Condominium;
B. Planned unit development;
C. Community apartment house project;
D. Stock cooperative project;
E. Any housing development, regardless of designation, with features or motives, similar to the above. (Ord. 368 § 1, 1981).
16.30.030 Standards – General.
In addition to standards applicable to regular subdivisions, no new condominium project or portion thereof shall be approved by the city council unless the following items are submitted with the tentative map and approved by the city planning commission:
A. A development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;
B. A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;
C. A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare such plans by the state of California;
D. A plan for the maintenance of the condominium common areas, including projected annual costs, and plan for payment of those costs;
E. The developer shall submit a plan from a certified sound specialist that each unit will meet a sound transmission class of 50;
F. A copy of the proposed covenants, conditions and restrictions that will apply to the project, including any restriction on conveyance of units;
G. The proposed plan for the management of common areas;
H. Such other information which the city planning commission determines is necessary to fully evaluate the proposed project. (Ord. 368 § 1, 1981).
16.30.040 Site requirements.
A condominium subdivision map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium subdivision map and condominium plan in relation to the following criteria:
A. Architectural and Site Design. Architectural evaluation shall include, but not be limited to, the following:
1. The general appearance of the proposed development shall contribute to the orderly and harmonious development of the community as a whole;
2. The design of all exterior surfaces of the building shall create an aesthetically pleasing project;
3. Consideration shall be given to the appearance of off-street parking when viewed from outside the subdivision;
4. General architectural and site considerations, including site layout, topography, open space, location of buildings, access, circulation, colors, building and similar elements have been designed to provide a desirable environment.
B. Environmental Preservation. The design location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the physical environment. Natural features such as trees, waterways, historic landmarks, or slopes shall be delineated in the development plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, play areas, parking areas, and finished grade elevations.
C. Landscaping.
1. All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas shall be landscaped in an attractive manner and provided with a method for the maintenance thereof;
2. Decorative design elements such as fountains, pools, benches, sculpture, planters, exterior recreational facilities, and similar elements may be permitted providing such elements are incorporated as a part of the landscaping plan, except where otherwise prohibited;
3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas;
4. Landscaping shall comprise 25 percent of the net developable area, the net area being defined to exclude dedicated or proposed dedicated public rights-of-way.
D. Lighting. The subdivider shall install an on-site lighting system on all vehicular access ways and along walkways. Such lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties. Lighting shall also be installed within all off-street parking areas.
E. Lot Coverage. Lot coverage shall conform to zoning ordinance requirements for the R-3 multifamily zone.
F. Open Space – Common.
1. Common open space areas shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to, game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots.
2. Active recreation and leisure areas, except those located completely within a structure, used to meet the open space requirement shall not be located within 15 feet of any door or window of a dwelling unit.
G. Minimum Parking Requirements.
1. Off-street parking shall be provided on a basis of one space designated for that unit for each bedroom contained in that unit; with a minimum of one parking space provided for any individual unit.
2. Off-street parking for visitors or guests may be required at the option of the city planning commission.
3. Private attached garage, if provided, shall be accessible to the dwelling unit and shall be built to standards of the R-1 zone.
H. Trash Collection Areas. Trash collection areas shall be provided within 250 feet of the units they are designed to serve. Such areas shall be enclosed within a screened area with masonry walls having a minimum height of five feet. Materials other than masonry may be used when specifically approved by the planning commission and when the commission finds that due to extenuating circumstances regarding location, such as the proximity to underground utilities, the footings for masonry construction would be a detriment to such facilities. Access gates or doors to any trash area shall be of opaque material.
I. The width of the public rights-of-way and roadway of the street(s) abutting the property shall conform to the street section standards of the circulation element as found in the amended general plan of the city. (Ord. 368 § 1, 1981).
16.30.050 Structural requirements.
A condominium project shall be subject to the structural requirements contained in HMC Title 14. (Ord. 368 § 1, 1981).
16.30.060 Other requirements.
A. Storage Space – Private.
1. Where the proposed units are to be constructed with other than an attached garage unit for each such dwelling unit, a minimum of 90 cubic feet of storage space shall be provided outside the dwelling unit for each such unit.
2. Such storage space shall have a minimum horizontal surface area of 24 square feet of enclosed, lockable storage space.
B. Utility Meters.
1. Water meter installation for the project shall be approved by the public works superintendent of the city.
2. Circuit Breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit, except for townhouse units. (Ord. 368 § 1, 1981).
16.30.070 Inspection and fees.
Building inspection and fees shall be in accordance with current practices established by the county. Inspection and fees for required public improvements shall be in accordance with other applicable regulations adopted by the county. (Ord. 368 § 1, 1981).