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(A) Purpose. Common interest development projects require special additional regulations because of unique problems resulting from the divided ownership of individual units, and the purpose of this section is to provide reasonable standards for the location, design, and development of common interest development projects and the information to be contained in the application for a conditional use permit, which shall be filed with the tentative map.
(B) Application requirements. Except as otherwise provided in this section, the provisions of this section shall apply to both residential and nonresidential common interest development projects. Each application for the approval of a conditional use permit for a common interest development project shall include the following information and documents:
(1) A site plan with at least the following details shown to scale:
(a) The location, height, gross dwelling and accessory floor area, dwelling and accessory area per building and per unit, and proposed uses of each existing structure to remain and for each proposed structure;
(b) The location, use, and type of surfacing for all open storage areas;
(c) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;
(d) The location, height, and type of materials for walls or fences;
(e) The landscape and irrigation plan by a licensed landscape architect showing the location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;
(f) The location and square footage of all recreational and open space areas, both private and common and a statement specifying the method of the maintenance common areas;
(g) The location of the parking facilities to be used in conjunction with each unit and the location of guest parking spaces in the common interest development;
(h) The floor plans and elevations of all structures, showing the architectural features and the types and materials of construction;
(i) Specific reports on the physical elements of each structure and facility shall be submitted that includes but is not limited to the following:
1. a. A report detailing the condition of each element of any structures located on the property by a certified licensed contractor or inspector including:
iii. Exterior walls;
vii. Interior walls;
ix. Heat insulation factors;
xi. Recreational and open space facilities;
xii. Sound transmission characteristics between units;
xiii. Mechanical equipment;
xiv. Fire protection equipment;
xv. Parking facilities;
xvi. Walls and fences;
xvii. All paved surfaces; and
xviii. Landscaping, sprinkler system.
b. For each element listed in division (B)(1)(i)1.a. of this section, the report shall state, to the best knowledge or estimate of the inspector, the following: (1) the date the building permit was originally issued for each element (or the date the permit was issued for the most recent replacement of the original element); (2) the replacement cost of the element at the time the report is prepared; (3) the current condition of each element. If applicable, the report shall describe why the physical condition of each element does not comply with current Zoning, Housing or Building Code and shall identify how each deteriorated, defective or unsafe element will be required or replaced.
2. A report prepared by a licensed structural pest control operator describing the general condition of the entire project shall be submitted. In addition, prior to the approval of the Final Map, the applicant shall also cause to be prepared by a licensed pest control operator a pest infestation and dry rot report for each individual unit in the project;
3. A structural engineer’s evaluation of the integrity of the foundations shall be submitted.
4. If a soils report was not done at time of original construction, the application for conversion shall also include a report on any known soil and geological conditions regarding soil deposits, rock formations, faults, ground water and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures on the project site. Reference shall be made to any previous soils reports for the site and a copy of said prior reports shall be submitted with the soils report required by this section.
5. A statement of the repairs and improvements the subdivider proposes to refurbish and restore the project to achieve a high degree of appearance and safety.
(C) Conditions for approval. A tentative map of a common interest development project may be approved subject to the imposition of reasonable conditions relating to the design and improvement of the subdivision.
(D) Compliance with code provisions.
(1) Code compliance required. Except as otherwise provided by this title, neither a tentative map nor a conditional use permit for a new common interest development project or for the conversion of existing multi- family residential units to a common interest development shall be approved unless the project will comply with the building codes and zoning regulations and all the other requirements of this code in effect at the time of the filing of a complete application.
(2) Architectural review required. Nothing in this chapter shall relieve a project to convert an existing development to a common interest development from the architectural review requirements of § 2.56.030(D)(1)(b). Any plans for exterior maintenance, restoration or refinement of the project, including landscape plans, shall be reviewed and approved by the Planning Commission prior to approval of the tentative map for the project.
(E) Requirements for residential conversions. In addition to the other requirements of this section, the conversion of existing multi-family residential units to any form of common interest development shall comply with the following:
(1) Reports. Upon receipt of the application, the Director of Community Development or his/her designee shall submit copies of the applicable reports or documents required to be reviewed by the Public Works Department, Fire Department, Building Division, Planning Division, and Neighborhood Preservation Division, and any other department as appropriate. Each department or division is responsible for reviewing the reports in the areas under their purview and shall prepare a written report detailing the deficiencies and the corrective actions required to bring the project into compliance with this section.
(2) Correction of deficiencies. Prior to filing for approval of the final map for the purposes of converting existing multi-family residential units to common interest ownership, the subdivider shall complete the following:
(a) The subdivider shall correct all deficiencies identified by the city to the satisfaction of the City Building Official, City Fire Marshal and City Engineer and Planning Division Manager.
(b) The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report required by this section to the satisfaction of the City Building Official.
(c) Except as otherwise approved by the Planning Commission pursuant to this section, the subdivider shall correct any outstanding zoning ordinance violations and shall bring the project site into full compliance with current zoning codes.
(F) Physical standards for residential conversions. Except as expressly provided in this section, no application for a tentative map to convert existing multi-family residential units to any form of common interest development shall be approved unless the Planning Commission finds that the proposed conversion will conform to each and every standard set forth in this section. These findings are in addition to the findings required for any concurrent application for a conditional use permit pursuant to § 17.52.240.
(1) Building regulations. The proposed conversion shall conform to the applicable standards of the Housing Code and the Building Code in effect on the date the city determines the application for conversion is complete.
(2) Fire prevention. The proposed conversion shall conform to the applicable standards of the Fire Code in effect on the date the city determines the application for conversion is complete, which shall include but not be limited to requirements regarding housing accessibility for condominiums, townhouses, and apartments.
(a) Each dwelling unit shall be separately metered for utilities, including but not limited to gas, electricity, and water. Any water meters that are operated through a single meter must be addressed to the city’s satisfaction by the covenants, codes, and restrictions, which shall include but not be limited to cost allocation.
(b) Electrical service for each unit shall be provided through a minimum 100 ampere circuitry.
(4) Landscape and open space requirements—installation and maintenance.
(a) Prior to the issuance of the final map for any proposed conversion, the subdivider shall install new landscaping as per the approved landscape plan.
(b) The proposed conversion shall comply with all applicable provisions of Title 17 of this Code with respect to landscape setbacks and usable private and common open space.
(5) Condition of equipment and appliances. At such time as the homeowners’ association takes over management of the development, the developer shall provide written certification to the association that any improvements, such as pools and pool equipment (filters, pumps, and chlorinators), spas, saunas, and other appliances and mechanical equipment, which are to be owned in common by the association, are in operable working condition.
(6) Refurbishing and restoration. In connection with an application for a tentative map to convert existing multi-family residential units to any form of common interest development, the subdivider shall submit a comprehensive plan for the rehabilitation of the exterior elements of the property. Said comprehensive plan shall provide for the rehabilitation and restoration of each building, structure, wall, fence, patio enclosure, carport, accessory building, sidewalk, driveway, paved area, landscaped area, and additional exterior element of the site, as necessary, to achieve a high degree of appearance, quality, and safety, subject to review and approval by the Planning Commission. All required work shall be completed prior to the approval of the final map.
(a) Spaces required. Off-street parking shall be provided in accordance with the applicable provisions of Chapter 17.24 of this title. No required courtyard or open space may be eliminated to expand on-site parking.
(b) Assignment and use of required off-street parking spaces. The covenants, conditions, and restrictions or similar ownership agreements of the common interest development shall incorporate the following parking requirements.
1. Required off-street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit.
2. To the maximum practical extent, the spaces assigned to each unit shall be contiguous.
3. All parking spaces shall be for the use of unit owners.
4. All parking spaces, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the state and shall not be used for storage or trailers, unmounted campers, boats, or other recreational vehicles.
(G) State law applicable. All common interest development projects that are governed by this section also shall comply with all applicable provisions of state law, including without limitation Government Code §§ 66427.1 et seq.
(Ord. 2006-02 § 7, 2005)