A. To achieve the purpose of this section, the Planning Commission requires that the declaration of covenants, conditions and restrictions and project elements relating to the management of the common area and facilities be approved by the Community Development Department prior to the approval of the final map. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the state pursuant to Title 6 (Condominiums) of the Civil Code, or other state laws or policies, such declaration shall be subject to recording and shall provide for the following, none of which, when approved by the Planning Commission or Community Development Department shall be amended, modified or changed without first obtaining the written consent of the city and all of which shall contain a statement to that effect.
B. The minimum criteria and conditions which are described in this section and any other conditions to be placed in the codes, covenants and restrictions shall be distributed to the developer at the time of the preliminary conference on the tentative map:
1. Conveyance of Private Open Space. The surface area and appurtenant air space of private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by Subsection 17.60.030.A.3 and any integral portion of that space may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.
2. Conveyance of Private Storage Areas. The surface and appurtenant air space of private storage spaces required by Subsection 17.60.030.A4 shall be described and conveyed in the declaration as an integral part of the unit.
3. Assignment and Use of Required Off-street Parking Spaces. 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 pursuant to Section 17.60.030.A2. To the maximum practicable extent the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be for the use of unit owners. One (1) bedroom units shall be assigned two (2) parking spaces and may rent additional spaces from the association as available. An occupant of a unit with two (2) or more bedrooms may rent one (1) parking space back to the association. All parking spaces, except those specifically designated for recreational vehicles, 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 trailers, unmounted campers, boats or similar recreational vehicles.
4. Right of Public Entry to Common Area. The developer shall file a petition by a majority of the owners, requesting that the requirements of the California Vehicle Code be enforced on privately owned and maintained roads as provided in Section 21107.07 of the California Vehicle Code.
5. Maintenance of Common Areas and Facilities; General. In order to protect the public health, safety and welfare, requirement shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The remedies which the association may bring for the nonpayment on assessments shall be specified and may include penalties for late payment.
6. Utility Easements over Private Streets and Other Areas. If the condominium project contains private streets, paths or roadways, requirement shall be made for public utility easement over the entire private street, path or roadway network. The Planning Commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The Planning Commission may also require access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas of the project.
7. Access for Construction, Maintenance or Repairs. The association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area or the owners of the units in common. Codes, covenants and restrictions shall include a requirement for prior notice of entry to occupants when at all possible.
8. Termination of Contract. Unless otherwise prohibited by law, or any local, state or federal regulation, the association has the right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the association assumes control of the project, or at that time renegotiate any such contracts.
9. Preparation of By-laws. A complete set of by-laws for operation of the Homeowner's Association shall be prepared and submitted to the city subject to approval as to form to accomplish the purposes contained in this subsection. Additionally, the by-laws and the codes, covenants and restrictions shall provide for, and the developer/owner shall establish, a continuously active guarantee of an amount equal to or greater than the estimated costs of normal operation of the association for a period of not less than six (6) months. (Ord. 2010-02 § 1 (part), 2010)