Chapter 17.54
DEVELOPMENT STANDARDS FOR CONDOMINIUM/PLANNED DEVELOPMENT PROJECTS AND CONDOMINIUM CONVERSIONS*

Sections:

17.54.010    Purpose.

17.54.020    Driveways and walkways.

17.54.030    Parking.

17.54.040    Public safety.

17.54.050    Landscaping/landscape irrigation.

17.54.060    Open space.

17.54.070    Private storage space.

17.54.080    Rubbish collection.

17.54.090    Laundry facilities.

17.54.100    Building code requirements.

17.54.110    Property owners association or association of separate interest.

17.54.120    Density standard.

17.54.130    Minimum unit size.

17.54.140    Setbacks.

17.54.150    Condominium conversions.

*    Prior ordinance history: Ords. 77-10, 79-11, 83-13, 93-1, 93-4 and 94-7.

17.54.010 Purpose.

A.    The intent of the development standards for condominium/planned development projects is to permit greater flexibility and, consequently, more creative and imaginative design of the development of residential areas than generally is possible under conventional zoning regulations. The development standards are intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choice, a higher level of amenities, as well as to preserve and create useable open space for the residents of the city. While flexibility in lot sizes, setbacks and building coverage are permitted to accommodate a master-planned project with unique design features and topography, the project must meet the standards for average density of the underlying zoning district. Such flexibility can be approved through the use permit process to ensure that open space and/or amenities are otherwise provided to compensate for such flexibility and the density requirements are met.

B.    Also, although Section 17.54.150 regarding condominium conversions provides for some flexibility within the zoning ordinance due to the separate unique circumstances of each individual condominium conversion proposal, it is the intent of this chapter that such condominium conversion projects meet all sections of this chapter applying to new condominium construction as closely as the planning commission or the city council on appeal determines is possible. To achieve this, the bodies should limit the number and extent of deviations allowed pursuant to Section 17.54.150 to be the minimum necessary to make a condominium conversion project physically and economically feasible while still meeting the intent of this chapter and its component standards to achieve quality condominium projects. However, nothing in this section shall be construed in any manner as establishing an intent on the part of the city to approve any particular subsequent condominium conversion project which may hereafter be presented to it. (Ord. 2006-17 § 1 (part), 2006; Ord. 2004-13 § 1 (part), 2004)

17.54.020 Driveways and walkways.

A.    Principal Driveways.

1.    A “principal driveway” is defined as a private road or driveway serving more than four units, exceeding a length of one hundred feet or exceeding an alternative length as may be determined by the fire chief under subsection (B)(1) of this section.

2.    All principal driveways shall be designed with two traffic lanes over the entire length and shall be a loop, cul-de-sac, or hammerhead design, or have other provisions for turning vehicles, such as a garbage or fire truck as approved by the fire chief.

3.    Where no on-street parking is permitted, principal driveways shall be a minimum of twenty feet wide curb to curb, or if gutters are required, lip-to-lip of gutters. Where parking is permitted on one side, the width shall be increased to twenty-eight feet curb to curb and with parking on both sides the width shall be increased to thirty-two feet curb to curb. The minimum centerline radius of curvature shall be twenty-five feet. The maximum grade shall be seven percent within twenty feet of a garage or carport and fifteen percent elsewhere. The maximum length of a cul-de-sac principal driveway shall be four hundred feet.

4.    The structural section for principal driveways shall be designed on the basis of “R Value” of base soil and a calculated traffic index if not less than 4.5.

5.    Principal driveways shall be bordered with a concrete curb or flush concrete edging on each side. Vertical concrete curbs and gutters or concrete valley gutters shall be used where stormwater runoff is involved. Alternates providing pavement edge protection and drainage conveyance structures will be considered by the public works department. Vertical curbs or alternatives may be required where necessary to protect landscaping or buildings from damage by vehicles.

6.    Connections of principal driveways to public streets shall be designed to provide for safe and efficient movement of the expected traffic volumes. Driveway width, curb return radii, control of turning movement and similar features shall be subject to approval of the department of public works.

7.    Backfill of all trenches in all principal driveways shall meet city public street standards for trench backfill.

B.    Minor Driveways.

1.    A “minor driveway” is defined as a private road or driveway serving four or less units and not exceeding a length of one hundred feet, unless additional length approved by the fire chief.

2.    A minor driveway shall be at least twelve feet wide from edge to edge and shall have a maximum grade of seven percent within twenty feet of a garage or carport and fifteen percent elsewhere. The minimum centerline radius of curvature shall be twenty-five feet. The structural section for minor driveways shall be designed on the basis of “R Value” of base soil and a calculated traffic index of not less than four.

3.    Minor driveways shall be bordered with redwood or pressure-treated headers, concrete curbs or flush concrete edging.

C.    Pedestrian Walkways. Public sidewalks shall be provided along both sides of any public street within the boundary of the project and along any public street abutting the project site in accordance with city standards. An internal pedestrian walkway system shall be provided which connects each unit and each building with the project with public sidewalk system in accordance with a plan reviewed and approved by the design review board and in accordance with adopted design guidelines. A minor driveway may serve purposes of a walkway system for the connection of up to four units. (Ord. 2005-10 § 1 (Exh. A (part)), 2005: Ord. 2004-13 § 1 (part), 2004)

17.54.030 Parking.

For every dwelling unit there shall be no less than two parking spaces, one of which must be a private garage. The use and assignment of these parking spaces shall be clearly defined in the conditions, covenants and restrictions. Screened and protected areas for boat trailer and recreational vehicle storage are desirable and shall be required by the city unless such vehicles are prohibited by any private restrictive covenants. Such areas shall be allocated at not less than one hundred square feet per unit. (Ord. 2004-13 § 1 (part), 2004)

17.54.040 Public safety.

A.    Fire Protection.

1.    Access Roads for Firefighting Purposes.

a.    When any part of a structure is more than one hundred fifty feet from a public street, access roads shall be provided for firefighting purposes. Access roads may serve as driveways for the residents of the development, or may be provided solely for public safety access.

b.    All access roads required by this section shall meet the following requirements:

i.    Roads shall be a hard-surfaced material capable of supporting a weight of sixteen tons at all times;

ii.    Required width shall be not less than twelve feet at the narrowest point;

iii.    All buildings, building projections or other obstructions (including trees or wires) over access driveways, shall have not less than thirteen and one-half feet vertical clearance from the finished driveway surface and such obstructions shall not be closer than one and one-half feet from the edge of the roadway;

iv.    No grade shall exceed fifteen percent;

v.    Access roads or driveways exceeding one hundred feet in length shall be provided with a turnaround for fire trucks;

vi.    All turns, including turnaround, shall have a minimum outside turning radius of thirty-five feet at curb height and thirty-nine feet above curb height to a minimum height of thirteen and one-half feet, inside radius of fifteen feet or other provisions for turning fire trucks.

2.    Access to Buildings.

a.    Any single-story building shall be located so that the farthest point from an approved access road shall not exceed one hundred fifty feet.

b.    For each additional story in height, the above distance shall be reduced twenty feet per floor.

3.    On-Site Protection—Hydrants.

a.    Fire hydrants shall be located on the public streets at the entry to the private vehicle accessways as required by the director of public safety;

b.    Any premises where buildings or portions of buildings are located more than one hundred fifty feet from a public street providing access to such premises, additional hydrants shall be provided as required by the director of public safety;

c.    Hydrants required by subsection (A)(3)(b) of this section shall provide a fire flow to the satisfaction of the director of public safety;

d.    Type of hydrant, location and method of installation shall be approved by the director of public safety prior to installation;

e.    When approved by the director of public safety, other built-in fire protection devices such as automatic sprinkler systems and automatic fire detection systems may be used to reduce the required flow.

4.    General Information Required. A site plan shall be provided to the director of public safety with submission of the final subdivision map showing the location of all buildings and the following additional information:

a.    Size of mains supplying on-site hydrants, location of all valves, meters and locations of connection to Marina County water district;

b.    Location of portable fire extinguishers, with type of extinguisher to be indicated;

c.    Location of any fire alarm equipment and main control panel;

d.    Location of wet or dry standpipes or other fire protection appliances, and any fire department connection supplying such systems;

e.    Numbering system of units.

B.    Security Provisions. Security provisions shall be provided to the satisfaction of the director of public safety. Safety lighting shall be provided to the satisfaction of the director of public safety and shall be directed towards the illumination of private vehicle accessways, bikeways, pedestrian walkway facilities, and along abutting public streets as required by the city. Individual illuminated unit identification will be required to the satisfaction of the director of public safety. (Ord. 2004-13 § 1 (part), 2004)

17.54.050 Landscaping/landscape irrigation.

Plans for landscaping and landscape irrigation of all common open space shall be approved by the design review board in accordance with adopted design guidelines. Landscaping and landscape irrigation system shall be installed and maintained in compliance with approved plans to the satisfaction of the planning director. No change shall be made subsequently without the review and approval of the planning director. (Ord. 2004-13 § 1 (part), 2004)

17.54.060 Open space.

A.    Common Open Space. Common open space shall be provided at the rate of four hundred square feet per one bedroom, four hundred fifty square feet per two bedroom and five hundred square feet for three or more bedroom units.

B.    Private Open Space. Each unit shall have an appurtenant private patio, deck, balcony, atrium, or other outdoor private area contiguous with the unit and having not less than fifteen percent of the unit floor area or not less than one hundred eighty square feet, whichever is less.

C.    Recreation. Projects having thirty or more units shall be required to provide structured recreation facilities in conjunction with the common usable open space as determined necessary by the planning commission. (Ord. 2006-03 § 1 (Exh. A (part)), 2006: Ord. 2004-13 § 1 (part), 2004)

17.54.070 Private storage space.

Each unit within the project shall have at least three hundred cubic feet of enclosed, weatherproofed and lockable storage space at a single location. This space shall be in addition to interior closet space provided within the unit. Such space shall have a minimum interior dimension of four feet with a ceiling height of no less than seven and one-half feet and no more than ten feet. (Ord. 2004-13 § 1 (part), 2004)

17.54.080 Rubbish collection.

Plans for the storage and screening of trash and recycled materials shall be reviewed and approved by the design review board in accordance with adopted design guidelines. Unless alternatively approved by the planning commission, said plans shall provide for use of individual containers for the trash and recycled materials for each unit. (Ord. 2004-13 § 1 (part), 2004)

17.54.090 Laundry facilities.

Each unit shall be designed and plumbed for its own washing and drying machine facilities. (Ord. 2004-13 § 1 (part), 2004)

17.54.100 Building code requirements.

A.    Sound Transmission. A descriptive report shall be required containing acoustical test data which indicates the noise attenuation characteristics of existing party walls and ceilings after complying with the sound transmission class and impact insulation class ratings required by the current Uniform Building Code and to the satisfaction of the chief building official. This report shall be compiled by a qualified person experienced in the fields of acoustical testing and engineering.

B.    Smoke Detectors. Compliance shall be maintained with the current requirements of the Uniform Building Code to the satisfaction of the chief building official.

C.    Energy Requirements. Compliance shall be maintained with the requirements of the Uniform Building Code and the California Administrative Code to the satisfaction of the chief building official.

D.    Condominium Conversion Report. A condominium conversion report prepared by a licensed architect or structural, mechanical or electrical engineer, describing the condition and remaining useful life of the foundations, roofs, and the mechanical, electrical, structural and plumbing elements of all buildings and structures shall be submitted to and approved by the chief building official.

E.    Building Inspection Report. A building inspection report prepared by the department of building inspection of the city describing the condition of the building and listing all relevant code violations, if any, which are detrimental to the health, safety and welfare of the public, of the owners, or the occupants of the building shall be accomplished to the satisfaction of the building director. Such inspections shall be made for a fee based upon the building inspection fee schedule.

F.    Structural Pest Report. A structural pest report prepared by a licensed pest control operator describing any pest-related damage and listing all improvements necessary to correct such damage, if any, shall be submitted to the building division.

G.    Public Utility Facilities and Hookups. All utilities shall be undergrounded to the satisfaction of the city engineer. Public utility facilities and hookups, including, but not limited to, water, sewer, gas and electric, shall be independently metered and charged to each unit. Public utility facilities serving individual units shall not cross property lines other than the living unit which they serve. In condominium conversions water may be on a common meter if approved by the water purveyor and if provisions for maintenance, repair and liability satisfactory to the city are included in the covenants, conditions and restrictions. All condominium conversion projects where any public utility facilities cross property lines or where public utility facilities, by necessity, are used by more than one unit shall include within the covenants, conditions and restrictions provisions for maintenance, repair and liability satisfactory to the city. All condominium conversion projects where any units are connected to common meters for water service shall include a disclosure statement to that fact within the covenants, conditions and restrictions to the satisfaction of the city. (Ord. 2004-13 § 1 (part), 2004)

17.54.110 Property owners association or association of separate interest.

A.    For all condominium/planned development projects, a property owners association shall be established by recordation of the following:

1.    Articles of incorporation of the association;

2.    Declaration of covenants, conditions and restrictions;

3.    Bylaws of the association.

B.    Notwithstanding subsection A of this section and as an alternative to the requirements of said subsection, residential subdivision developments, containing two or more rights of exclusive occupancy, may establish an association of owners of separate interest by the recordation of a declaration of restrictions and maintenance agreement subject to the approval of the city. The approval of the use of such an alternative shall be at the sole discretion of the city and shall be limited to developments not exceeding twenty-five dwelling units.

C.    Included in the recorded document or documents shall be provisions for, at least, but not limited to, the following:

1.    Any amendment or modification to the documents, as approved by the city, must have the approval of the city prior to completion of the amendment or modification;

2.    The maintenance of the common areas and exterior of all structures and walls of any such project by the city in the event of default in the maintenance of such areas by individual owners of the units and for reimbursement to the city for any costs incurred thereby, by collection as a property tax assessment shared on a pro rata basis by all parcels;

3.    Each individual unit owner’s exclusive right to the use of specifically designated covered parking space for each unit and joint use of all common parking areas;

4.    Except where maintained by a public utility agency, all on-site property improvements, including common areas, vehicular accessways, sewers, storm drains, street lighting, and fire prevention water systems including fire alarms, fire extinguishers and the like, shall be maintained at the expense of the association;

5.    During a one year minimum warranty period, commencing from the date of the last building occupancy permit issued by the city, the developer shall fulfill all responsibilities of the association for maintenance of all facilities which may require maintenance during the warranty period. The expiration of the warranty period shall not limit or relieve the developer from satisfactory performance of any agreement executed with the city;

6.    A sinking fund shall be established for the maintenance and repair of all commonly owned structures, mechanical equipment, open space and landscaped areas. (Ord. 2004-13 § 1 (part), 2004)

17.54.120 Density standard.

All projects shall be subject to the density standards set forth in the underlying zone districts. (Ord. 2006-03 § 1 (Exh. A (part)), 2006: Ord. 2004-13 § 1 (part), 2004)

17.54.130 Minimum unit size.

All units shall be subject to the following minimum gross floor areas, exclusive of parking areas, open decks and patios:

Single Story

Two or More Stories

A. One-bedroom dwelling

700 sq. ft.

850 sq. ft.

B. Two-bedroom dwelling

850 sq. ft.

1,000 sq. ft.

C. Three-bedroom dwelling

1,100 sq. ft.

1,250 sq. ft.

D. For each additional bedroom in excess of three

100 sq. ft.

100 sq. ft.

(Ord. 2006-03 § 1 (Exh. A (part)), 2006: Ord. 2004-13 § 1 (part), 2004)

17.54.140 Setbacks.

A minimum ten-foot building setback and a minimum four-foot wide landscape area shall be provided around the periphery of the project site; provided, however, that nothing contained in this section shall limit the authority of the planning commission, or the city council on appeal, to require a greater setback. On project sites with an average site width of less than one hundred feet, the planning commission or city council on appeal may reduce the minimum ten-foot building setback from the interior side yard of the project site from ten feet to the minimum side yard setback of district in which the project is located. (Ord. 2005-10 § 1 (Exh. A (part)), 2005: Ord. 2004-13 § 1 (part), 2004)

17.54.150 Condominium conversions.

A.    Within the context of Section 17.54.010, the planning commission or the city council on appeal may adjust the requirements of Sections 17.54.020, 17.54.030, 17.54.040, 17.54.060, 17.54.070, 17.54.080, 17.54.090, 17.54.130 and 17.54.140 of this chapter for condominium conversions of apartment buildings and complexes completed and occupied prior to the effective date of this section with the following limitations:

1.    Parking. Parking shall not be reduced to less than what is required by Section 17.44.020.

2.    Public Safety. Fire protection and security provisions shall not be modified without approval of the fire commander or the director of public safety, as appropriate.

3.    Common Open Space. Common open space combined with private open space shall not be reduced to less than what is required by the requirements for open space of the district in which the property is located.

4.    Private Open Space. Private open space shall not be reduced to less than fifty square feet for each condominium unit with a minimum horizontal dimension of not less than four feet.

5.    Private Storage Space. Private storage space shall not be reduced to less than eighty cubic feet with a minimum interior dimension of two feet for those condominium units where the private storage space is to be provided in an existing carport or garage. Further, such space shall not be reduced to less than two hundred cubic feet with a minimum interior dimension of three feet for those condominium units where the private storage space is to be provided in a proposed carport or garage.

6.    Minimum Unit Size. Minimum unit size for each category shall not be reduced to less than eighty-five percent of that which would otherwise be required by Section 17.54.130.

7.    Perimeter Setback. Perimeter building setback shall not be reduced to a setback which is less than the yard requirements of the district in which the condominium conversion is located.

B.    The adjustments described above may be approved only by individual and separate action of the planning commission based upon their findings that approved adjustments are necessary to meet other provisions of this chapter including Section 17.54.010 or that the approved adjustments will accomplish other specific project design objectives enumerated by the planning commission. Any adjustments approved by the city council as provided by in this section shall be generally described in a disclosure statement in the covenants, conditions and restrictions satisfactory to the city. Adjustments not described above may only be accomplished as provided by Chapter 17.46. (Ord. 2004-13 § 1 (part), 2004)