Each application for the approval of a precise plan of design for a common interest development project shall include the following information and documents:
A. A site plan with at least the following details shown to scale:
1. The location, height, gross floor area, and proposed uses of each existing structure to remain and for each proposed structure;
2. The location, use, and type of surfacing for all open storage areas;
3. The location and type of surfacing for all driveways, pedestrianways, vehicle parking areas, and curb cuts;
4. The location, height, and type of materials for walls or fences;
5. The location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;
6. The location of all recreational and open space facilities and a statement specifying the method of the maintenance thereof; and
7. The location of the parking facilities to be used in conjunction with each unit in the common interest development;
B. Three (3) copies of the plans and elevations of all structures, showing the architectural features and the types and materials of construction; and
C. Three (3) copies of the covenants, conditions, and restrictions or, if there are no covenants, conditions, or restrictions, any other agreements between any persons who have an ownership interest in the project and who have the right to reside in such project which will apply to the common interest development project, which covenants, conditions, and restrictions or agreements shall include, but not be limited to, the following provisions:
1. Provisions satisfactory to the city for the maintenance of the common areas of any such project by the city in the event of default in the maintenance of such common areas by individual owners of the units and for reimbursement to the city for any costs incurred thereby;
2. In nonresidential common interest development projects, the covenants, conditions, and restrictions or other agreement(s) shall include:
a. Provisions satisfactory to the city for parking, access and utility covenants in order to: 1) satisfy parking and access requirements imposed by this code, 2) assure the continuing availability of parking within the building at fair market value for the benefit of each parcel owner and their respective permittees, 3) assure continuous access, subject to reasonable rules and regulations imposed by the owners pursuant to any future covenants, to and through each parcel created by the subdivision as required to access any other parcel and 4) provide the owner of each parcel with structural support and the right to use existing common utility systems and equipment servicing the building.
b. A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the planning commission.
3. In residential common interest development projects the covenants, conditions, and restrictions or agreements shall include:
a. Provisions restricting the use of each residential unit to use as a single-family residence except as provided in chapter 3, article 43 of this title; and
b. Provisions establishing each individual unit owner's exclusive right to the use of specifically designated covered parking spaces sufficient to satisfy the code required parking for each unit or, if a reduction in the required parking for a conversion is granted pursuant to this article, provisions establishing each individual unit owner's exclusive right to the use of not less than one specifically designated covered parking space for each unit; and
4. A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the planning commission. (Ord. 06-O-2497, eff. 4-6-2006)