Chapter 17.45
RESIDENTIAL CONDOMINIUMS
Sections:
17.45.010 Purpose.
17.45.020 Condominium defined.
17.45.030 Standards – General.
17.45.040 Site requirements.
17.45.050 Structural requirements.
17.45.060 Other requirements.
17.45.070 Inspection and fees.
17.45.010 Purpose.
Residential condominium projects 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 condominium dwelling units. (Govt. Code § 66427) (Ord. 752 § 32-9.1, 2000; 1991 code § 32-9.1)
17.45.020 Condominium defined.
Condominium is defined, in accordance with Civil Code section 783, to be an estate in real property consisting of an undivided 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. (Ord. 752 § 32-9.2, 2000; 1991 code § 32-9.2)
17.45.030 Standards – General.
In addition to standards applicable to regular subdivisions, no new condominium project or portion thereof shall be approved unless the following items have been submitted with the tentative map and approved by the city:
A. A development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;
B. 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;
C. A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;
D. The proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking and the management and maintenance of common areas and improvements; and
E. Such other information which the zoning administrator determines is necessary to evaluate the proposed project. (Ord. 752 § 32-9.3, 2000; 1991 code § 32-9.3)
17.45.040 Site requirements.
A condominium subdivision map may be approved, conditionally approved, or denied based upon an evaluation of the proposed 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 buildings shall create an aesthetically pleasing project;
3. Consideration shall be given to the appearance of garages when viewed from outside the subdivision; and
4. General architectural and site considerations, including site layout, topography, open space, location of buildings, access, circulation, colors, building materials, screening, lighting and signing and similar elements have been designed to provide a desirable environment.
B. Environmental preservation. The design, location and orientation of all buildings shall be 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 plans, except where otherwise prohibited.
3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.
4. Landscaping shall consist of 20% of the net developable area. The net developable area shall exclude dedicated or proposed dedicated public right-of-way.
D. Lighting. The subdivider shall install an on-site lighting system on all vehicular access ways and along major 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 covered and/or enclosed parking areas.
E. Lot coverage. Lot coverage shall conform to zoning ordinance requirements for the zoning district in which the condominium is proposed.
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. Parking shall be provided as required by the zoning ordinance for townhouse and condominium projects.
H. Trash and recycling collection area. Trash and recycling collection areas shall be provided within 250 feet of the units they are designed to serve. Such areas shall be enclosed within a building or screened with masonry walls having a minimum height of five feet. Materials other than masonry may be used when specifically approved by the architectural review commission when the commission finds that, due to extenuating circumstances regarding location, such as the proximity to underground utilities, the footing for masonry construction would be a detriment to such utilities. Access gates or doors to any trash area, not enclosed within a building, are to 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 minimum standard of the Transportation Element of the General Plan. (Ord. 752 § 32-9.4, 2000; 1991 code § 32-9.4)
17.45.050 Structural requirements.
A condominium project shall be subject to the structural requirements contained in PHMC Title 14, Buildings and Construction. (Ord. 752 § 32-9.4, 2000; 1991 code § 32-9.5)
17.45.060 Other requirements.
A. Storage space – Private.
1. Where the proposed units are to be constructed with other than an attached garage unit for each dwelling unit, a minimum of 200 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. 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. (Amended during 2005 recodification; Ord. 752 § 32-9.6, 2000; 1991 code § 32-9.6)
17.45.070 Inspection and fees.
A. Building inspection and fees shall be in accordance with PHMC Title 14, Buildings and Construction.
B. Inspection and fees for required public and private street and utility improvements shall be in accordance with other applicable sections of this title. (Ord. 752 § 32-9.7, 2000; 1991 code § 32-9.7)