Chapter 17.52 COMMERCIAL CONDOMINIUMS

Chapter 17.52
COMMERCIAL CONDOMINIUMS

Sections:

17.52.030 Application requirements.

17.52.010 Purpose.

Commercial condominium projects differ from other commercial 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 units. This chapter applies to commercial and industrial condominiums. (Govt. Code § 66427)

If a commercial condominium is proposed in combination with a residential condominium, the requirements of this chapter and PHMC Chapter 17.45 shall be read together, with the relevant requirements applying to the portions of the project. (Ord. 821 § 7, 2007)

17.52.020 Definitions.

In this chapter, terms have the meaning set forth in PHMC Chapter 17.10, Definitions. In particular, see the definitions for association, condominium, commercial condominium, declaration and department. (Ord. 821 § 7, 2007)

17.52.030 Application requirements.

In addition to standards applicable to regular subdivisions, no new commercial 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, exterior elevations, parking layout, and access areas;

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 prohibition of the assignment of parking and a proposed mechanism for resolving parking issues, and the management and maintenance of common areas and improvements; and

E. Such other information which the department determines is necessary to evaluate the proposed project. (Ord. 821 § 7, 2007)

17.52.040 Standards.

A commercial 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; and

3. 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. The design should minimize visibility of service areas (trash, delivery, outdoor storage, loading areas), backflow prevention devices, and other utilities from public areas.

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, parking areas, and finished grade elevations.

C. Landscaping.

1. All setback areas fronting on or visible from an adjacent public street, and all open space areas shall be landscaped in an attractive manner. The developer shall provide a method assuring landscape maintenance.

2. Decorative design elements such as fountains, pools, benches, sculptures, planters, 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 requirements shall be consistent with the zoning district in which the project is located.

5. The property owner shall be required to enter into and record a landscape maintenance agreement.

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 located and shielded to eliminate off-site glare. Lighting shall also be installed within all covered and/or enclosed parking areas.

E. Lot coverage. Lot coverage shall conform to requirements of the zoning district in which the condominium is proposed.

F. Open space – Common. Common open space areas shall be designed and located within the project to afford use by all owners of the project.

G. Minimum parking requirements. Off-street parking shall be provided as required by PHMC Chapter 18.55 for commercial and industrial sites. Parking areas shall be held in common and no assigned parking is allowed.

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, and sized appropriately to accommodate trash and recycling. Such areas shall be enclosed within a building or screened with masonry walls six feet or higher to screen trash receptacles. 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. The design of collection areas shall comply with PHMC § 18.50.070.

I. Signage. The property owners shall apply for and obtain a master sign permit under PHMC § 18.60.080 before any permanent sign is placed.

J. Streets. 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.

K. Declaration. The declaration shall include an agreement forming a condominium association, and providing for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences. The declaration shall include a provision substantially as follows:

The City of Pleasant Hill Municipal Code, Title 18, Planning and Land Use, regulates (1) the uses of property and required parking and (2) allowable signage. No assigned parking is allowed. (PHMC § 17.52.040.) If a Master Sign Program does not currently exist for the property, the property owners must apply for and obtain a master sign permit under PHMC sec. 18.60.080 before a permanent sign is placed, and any changes must be consistent with the master sign permit. The City has the right to enforce violations of its Municipal Code or conditions for this condominium project against all property owners. This provision may not be modified without the written consent of the city.

The city has the right to review and approve the final declaration to ensure that (1) the appropriate conditions of approval are included in them, and (2) those provisions reflecting the city’s conditions may not be amended without city approval.

L. Structural and electrical. A commercial condominium project is to be subject to the structural requirements contained in PHMC Title 14, Buildings and Construction. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. The panel shall be accessible without leaving the unit.

M. Reserves for capital maintenance replacement. Before approval of the final map, the subdivider shall provide to the zoning administrator evidence of (1) the establishment of a reserve account fund in the name of the condominium association, and (2) a reserve study showing the amount which must be set aside monthly for the reserve account. The funds shall be earmarked for long-term reserves for capital and maintenance replacement. (Ord. 821 § 7, 2007)