In addition to the state Subdivision Map Act and the code provisions relating to subdivisions, the following requirements must be satisfied at the time of application for subdivision map approval. Failure to provide documentation as to how the following requirements will be met shall be grounds to deem an application incomplete.
(A) Minimum size of individual units. No individual unit offered for sale shall contain less than 1,200 square feet of useable floor area. Also, a minimum of 10% of the units shall individually contain at least 2,000 square feet of usable floor area.
(B) Copy of governing documents to be submitted. A copy of the proposed conditions, covenants and restrictions, bylaws, and articles of incorporation (if applicable) and all the documents, including the condominium plan, map, declaration and any amendments thereto as required by the provisions of Cal. Civil Code § 1352 shall be submitted at the time of application. The applicant shall also submit the written disclosures required by Cal. Civil Code § 1363.1, if available at the time the application is submitted.
(C) Mandatory provisions in governing documents. The proposed conditions, covenants and restrictions shall include the substance of the following provisions, subject to the approval of the City Attorney:
(1) Local jurisdiction. The governmental entity with primary jurisdiction over this project is the city, 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. No alterations to the interior of individual units or common area shall be commenced without the appropriate approvals and permits from the city.
(2) Fire lanes. The common drive shall be posted and maintained as a fire lane/no parking area. The city shall have the ability to cite violations of parking restrictions.
(3) Parking spaces/permitted uses. Parking for the project shall be approved based upon the developer's representations regarding proposed uses of the individual units. Certain uses, such as restaurants, require much more parking than other uses. The owner and occupant of each unit should be aware that the overall number of parking spaces available in the project may limit the utilization of individual units. The parking spaces in the project are for the intermittent uses of owners and their patrons and no parking of an extended duration shall be permitted. The Property Owner Association shall adopt regulations consistent with the provisions of this subchapter, including this division, regarding the use of parking spaces in the project.
(4) Authority of city to enforce common area maintenance. The city shall have the right and power to enforce the common area use and maintenance covenants of the Association, provided however that no duty to enforce said use and maintenance covenants shall be deemed to arise by virtue of this provision or any other action of the city. Any provisions of this subchapter notwithstanding, the city may, by an action at law or in equity, enforce all provisions relating to the proper maintenance, repair and use of the common area.
(5) Approval of local jurisdiction. Any amendments which would defeat the obligation of the Board, acting on behalf of the Association, or the Association, to provide management and maintenance of the common area, including any private driveways or private streets thereto, in a first-class condition and in a good state of repair, or which would defeat the assessment procedure established or contemplated in this subchapter to insure said management and maintenance, must be approved by the Planning Commission of the city.
('65 Code, § 9-3.2702) (Ord. 368-C.S., passed - - ; Am. Ord. 455-C.S., passed 11-21-95)) Penalty, see § 153.999