Covenants, conditions and restrictions shall be prepared for a condominium development and shall be approved by the Director of Community Development and the City Attorney. The conditions, covenants and restrictions shall incorporate the following provisions as set forth below and in addition to those set forth in this chapter:
(A) Local jurisdiction. The governmental entity with primary jurisdiction over this project is the city of Alhambra in the County of Los Angeles. The Association shall abide by codes and/or ordinances of the primary jurisdiction above stated, and the state of California, and the Board of Directors shall be bound, in favor of the city of Alhambra, to the following covenants and conditions.
(B) Consent of the city. Without the prior written consent of the city, the Association shall not amend this declaration in such a manner which would delete, reduce or affect the rights, privileges and status of the city, as contained in this article or elsewhere in the declaration.
(C) Right of entry of the city. The city shall have the right, but not the duty, to enter upon the development for purposes of:
(1) Inspecting same; and
(2) Correcting or abating any public nuisance or violation of the Health and Safety Code of the State of California or the Alhambra Municipal Code.
(D) Public nuisance abatement. The city may undertake and complete such corrective measures as are necessary to remedy a public nuisance on the property and assess the cost thereof against the Association as a lien in accordance with the provisions of the Alhambra Municipal Code relating to the abatement of public nuisances.
(E) Use restrictions.
(1) Units shall be used for residential use only: except that for a period of three years from and after the date of recordation of the declaration or whenever all units have been sold by declarant, whichever occurs first, units owned by the declarant may be used by the declarant or its designees as models, sales offices and construction offices for the purpose of developing, improving and selling condominiums in the development.
(2) The display of any sign of any kind displaying, or advertising any service, business or other commercial project or venture in the development is prohibited.
(3) Each unit shall have the exclusive right to use not less than two designated parking spaces of the kind required by the City Municipal Code.
(F) Compliance with city ordinances. The development shall be maintained in compliance with, and the Association and each owner occupant of a unit within the development shall comply with all applicable ordinances of the city.
(G) Conflict of this article with other provisions of this declaration or other governing instruments. To the extent any provisions of this article conflict with the provisions of this declaration or other instru-ments governing the development, the provisions of this article shall control.
(H) Consent to declaration. The trustees or beneficiaries of all deeds of trust or other encum-brances on the tract shall consent to and subordinate their interests to this declaration. The consent shall be in writing, attached to this declaration and recorded with it.
('86 Code, § 23.20.090) (Ord. 4110, passed - - ; Am. Ord. 4735, passed 5-14-18)