(A) The purpose of this section is to provide for the general control of the design and development of planned unit developments and condominiums in accordance with the basic purpose of the State Subdivision Map Act.
(B) For the purposes of this section the following terms are defined:
COMMON AREAS. The entire condominium project excepting all units therein granted or reserved to individual ownerships.
CONDITIONS, COVENANTS AND RESTRICTIONS. Conditions, covenants, and restrictions of any condominium project, community apartment house or any other planned development.
CONDOMINIUM. 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 a residential, industrial or commercial building on such real property. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:
(a) An estate of inheritance or perpetual estate;
(b) An estate for life; or
(c) An estate for years.
CONDOMINIUM PROJECT. The entire parcel of real property divided or to be divided, into condominiums including all structures thereon.
PLANNED UNIT DEVELOPMENT. A development characterized by a unified site design for a number of housing units and providing common open spaces and driveways. It permits the planning of a project and the calculation of density over the entire development, rather than on an individual lot-by-lot basis.
UNIT. The element of a condominium project which is not owned in common with the owners of other condominiums in the project.
(C) Planned unit development.
(1) Planned unit developments, including such components as private streets, private parks, golf courses, recreational areas, buildings, structures, clubhouses, recreation halls, playgrounds, swimming pools and other open areas, may be permitted after first having obtained a conditional use permit. The Planning Commission is hereby granted the right, notwithstanding the provisions of any other laws of the city, to grant certain uses of the land within planned unit developments which may not otherwise be permitted in that zone.
(2) Approval of a planned unit development shall be based upon findings that the plan provides as well, or better, for light and air, for public safety and convenience, the protection of property values and the preservation of the general welfare of the community, than if developed in other permitted uses.
(3) Every planned unit development shall be designed to achieve the following objectives:
(a) The plan should provide for a comprehensive and harmonious arrangement of buildings, open spaces, circulation ways, off-street parking and development amenities.
(b) The project should be related to existing and proposed land use and circulation plans of the community, and not constitute a disrupting element in the neighborhood.
(c) The internal street system should be designed for the efficient and safe movement of vehicles without disrupting pedestrian circulation and activities and function of the common area.
(d) Open and recreational areas and facilities should be located adjacent to all dwelling units or easily accessible therefrom.
(e) Open and recreational areas should be made the focal point for the overall design of the development. Various community facilities should be grouped in places well related to these open spaces and easily accessible to pedestrians.
(4) Condominiums and planned unit developments (PUD) shall meet the requirements of this section:
(a) Copies of conditions, covenants and restrictions that will apply to the proposed development shall be submitted and include the following provisions:
1. Ensure payment of any invoice by the city, for water, sewer service charge, garbage, trash or rubbish charge, in such manner that either the Board of Governors, condominium owners or management agent shall guarantee payment to the city;
2. Guarantee access and entry to the development, all buildings and structures for any authorized Fire Inspector, Building Official, or any other official charged with carrying out the laws of the city, state or federal government;
3. Ensure that each residential unit in the development shall be used as a residence for a single family and for no other purpose;
4. Ensure that no sign of any kind may be displayed advertising any service, business or other commercial project or venture, in any residential condominium or community apartment;
5. That the names of the officers and members of the Board of Governors shall be filed annually with the City Clerk, during the month of July;
6. A request pursuant to Cal. Vehicle Code §§ 21107.5 or 21107.7 that traffic regulations may be enforced by the city on the private streets located therein;
7. Ensure that all common areas are properly and regularly maintained;
8. Ensure that the landscaping and landscape irrigation systems are maintained and audited in accordance with the schedules prepared pursuant to Chapter 17.20 of this code.
(b) The off-street parking requirements for residential condominiums and PUDs shall be required for all residential projects. See Chapter 17.24.
(c) Interior private streets may be permitted within any condominium or PUD development, but shall have a minimum width of pavement as determined by the Community Development and Fire Departments between standard concrete curbs.
(d) Condominium and PUD projects shall have a minimum of four units.
(e) All existing buildings to be converted to condominiums shall be made to comply with all applicable building and zoning regulations for condominium construction and placement.
(f) The subdivider may be required to construct public improvements and/or dedicate land for a public use if deemed necessary by the City Council.
(g) Notwithstanding the provisions of this title, every planned development shall be surrounded by a decorative wall in conformance with the height requirements of this code, except that this requirement may be waived upon recommendation of the Planning Commission.
(h) All condominium projects shall be designed to be consistent with the predominant scale of development in a given area.
(i) All condominium and Planned Unit Developments shall be subject to the multiple-family residential development standards as found in § 17.12.030.
(j) A proposed planned unit development in any residential zone shall include a parcel of land that is sufficient in size and arrangement to enable feasible development. A proposed residential development in any zone of the city shall have a minimum area of not less than the number of square feet for each lot proposed, as is now proposed in this title.
(k) Nothing contained in this section shall exempt any applicant from complying with the building code, subdivision standards, zoning laws or other applicable laws of the city unless otherwise expressly provided in this section.
(`83 Code, § 17.44.050) (Ord. 94-03 § 6, 1994; Ord. 95-05 § 7, 1995)