(A) Copy of reports. For residential condominium conversion projects, the subdivider must provide each prospective purchaser with a copy of the property report, acoustical report and structural pest control report (in their final acceptable form), and a copy of the conditional use permit with all conditions of approval prior to entering escrow. Copies of the reports and permits must be available at all times at the sales office and the project site. The permit and documents must be printed in Spanish if requested.
(B) Code compliance investigation. For residential condominium conversion projects, the subdivider must request, and pay for, a code compliance inspection by the Building and Safety Department for all units in a project.
(C) Covenants, conditions and restrictions (CC&Rs). Residential condominium and residential condominium conversions must submit CC&Rs to the city for approval at the time of the conditional use permit application. The CC&Rs must first be approved as to form and content by the City Attorney and then by the City Council at the time the Council takes action on the tentative map. The CC&Rs must include, without limitation, the conveyance of units; parking assignments; common area maintenance agreements, including facilities and landscaping; an estimate of any initial assessment fees anticipated for maintenance; description of how maintenance will be provided for all vehicle access areas; an allocation of appropriate responsibilities for maintaining all utility lines and services for each unit. In addition, the following provisions must be contained in the CC&Rs:
(1) A residential condominium project or residential condominium conversion project consisting of three or more units must establish and maintain a home owners association.
(2) An individual owner cannot avoid liability for the owner's prorated share of the expenses for the common area by renouncing rights in the common area.
(3) Any additional conditions as may be required by the City Council.
(4) Any amendment or modification to the CC&Rs relating to the provisions required by the city, must have the approval of the City Council.
(5) The applicant must reimburse all costs for the city's review of the CC&Rs including, without limitation, attorney's fees.
(D) Criteria. In considering residential condominium projects, the Planning Commission and City Council will utilize the following criteria:
(1) The project should be a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.
(2) Architectural unit and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute a negative disruption to the established fabric of the community.
(3) The layout of structures and other facilities should be designed for maintenance and management of street, driveway, curb cut, utility and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, and electricity).
(4) The project should be designed to maintain as much of the natural topography, large trees and environment as practicable.
(5) The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time, not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable properties of the site such as street noise and nearby obnoxious commercial or industrial uses.
(6) The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, auditory and other intrusions.
(Ord. 1169, passed 2-5-07)