Chapter 16.32
RESIDENTIAL COMMON INTEREST SUBDIVISIONS
Sections:
16.32.030 Design and improvement standards.
16.32.040 Minimum standards – Private street.
16.32.050 Minimum standards – Minor driveway.
16.32.060 Minimum standards – Principal driveway.
16.32.070 Minimum standards – Walkways.
16.32.080 Minimum standards – Off-street parking.
16.32.090 Minimum standards – Public utility facilities and hookups.
16.32.100 Minimum standards – Fire protection.
16.32.110 Minimum standards – Landscaping and screening.
16.32.120 Minimum standards – Usable open space.
16.32.130 Minimum standards – Safety lighting.
16.32.140 Minimum standards – Sound transmission control.
16.32.150 Minimum standards – Storage space.
16.32.160 Minimum standards – Boat and trailer storage areas.
16.32.170 Minimum standards – Rubbish collection.
16.32.180 Minimum standards – Laundry facilities.
16.32.190 Minimum standards – Plumbing facilities.
16.32.200 Minimum standards – Property owner’s association.
16.32.210 Final and parcel maps.
16.32.010 Purpose.
The purpose of this chapter is to provide certain minimum design and improvement standards necessary to help regulate the development of new common interest subdivisions. (Ord. 626 § 1 (Art. V § 501), 1983)
16.32.020 Definitions.
Common interest subdivisions shall include condominiums, planned developments, community apartment projects, and stock cooperatives, and shall be defined as follows:
A. Condominiums, see Section 783 of the Civil Code;
B. Planned developments, see Section 11003 of the Business and Professions Code;
C. Community apartment projects, see Section 11004 of the Business and Professions Code;
D. Stock cooperative, see Section 11003.2 of the Business and Professions Code.
In addition to the requirements set forth in Chapter 16.12 SMC, each tentative and parcel or final map and the accompanying applications shall designate the type of common interest subdivision that is to be developed. (Ord. 626 § 1 (Art. V § 502), 1983)
16.32.030 Design and improvement standards.
Unless a street is to be dedicated to the city, applicants proposing the development of a common interest subdivision, or a conversion to common interest subdivision status, shall be required to meet all of the standards of the current edition of the Uniform Fire Code and the fire department and all of the minimum standards set forth in SMC 16.32.040 through 16.32.200. (Ord. 626 § 1 (Art. V § 503), 1983)
16.32.040 Minimum standards – Private street.
A privately owned and maintained hard-surfaced right-of-way of at least twenty-four feet in width which provides a private means of access to abutting property shall be provided. All private streets shall be designed to accommodate two lanes of traffic and shall be either a loop, cul-de-sac, or hammer-head design sufficient to permit the proper turning of vehicles such as garbage and fire trucks. All turns shall have a minimum turning radius of thirty-nine feet. (Ord. 626 § 1 (Art. V § 503(A)), 1983)
16.32.050 Minimum standards – Minor driveway.
A privately owned and maintained hard-surfaced roadway of at least ten feet in width which is intended to serve two or fewer dwelling units shall be provided. (Ord. 626 § 1 (Art. V § 503(B)), 1983)
16.32.060 Minimum standards – Principal driveway.
A privately owned and maintained hard-surfaced roadway of at least sixteen feet in width which is intended to serve not more than four dwelling units shall be provided. (Ord. 626 § 1 (Art. V § 503(C)), 1983)
16.32.070 Minimum standards – Walkways.
“Walkways” means land which is used primarily for the purpose of providing pedestrian access. At least one walkway shall be provided, in an approximately parallel position, to all private streets within a common interest subdivision which serve five or more dwelling units. (Ord. 626 § 1 (Art. V § 503(D)), 1983)
16.32.080 Minimum standards – Off-street parking.
Off-street parking shall be provided as required in Article XVII of the Seaside official zoning ordinance. (Ord. 626 § 1 (Art. V § 503(E)), 1983)
16.32.090 Minimum standards – Public utility facilities and hookups.
A. With the exception of water supply, all utilities within a common interest subdivision shall be independently metered in such a way that the owners of the individual units can be billed separately.
B. All mains and laterals serving a common interest subdivision shall be common held, maintained, repaired, and/or replaced by the homeowner’s association.
C. All utilities serving a common interest subdivision shall be placed underground.
D. Except as necessary in common interest subdivisions of more than one level, no utility line(s) serving one individual dwelling unit shall be permitted to pass through, over, or under any portion of the structure other than the living unit which it serves. (Ord. 626 § 1 (Art. V § 503(F)), 1983)
16.32.100 Minimum standards – Fire protection.
A. No private street or principal driveway serving a common interest subdivision shall be permitted to be built with a grade which exceeds fifteen percent.
B. Fire hydrants shall be located on the public street at the entry to any private street serving a common interest subdivision, as required by the fire chief and the standards set forth in the current edition of the Uniform Fire Code.
C. Any premises where buildings or portions of buildings are located more than one hundred fifty feet from the public street providing access to the common interest subdivision shall contain, as required by the fire chief and the Uniform Fire Code, additional fire hydrants. (Ord. 626 § 1 (Art. V § 503(G)), 1983)
16.32.110 Minimum standards – Landscaping and screening.
Landscaping and screening shall be provided as required in Article XVIII of the Seaside official zoning ordinance. (Ord. 626 § 1 (Art. V § 503(H)), 1983)
16.32.120 Minimum standards – Usable open space.
In instances where the overall size of a common interest subdivision is five or more acres, the developer shall provide a minimum of ten percent of the total area in one centrally located usable open space area. This open space area shall be open to all residents of the proposed subdivision. Further, areas suitable for both outdoor active and passive group recreation activities shall be provided within the subdivision. (Ord. 626 § 1 (Art. V § 503(I)), 1983)
16.32.130 Minimum standards – Safety lighting.
Safety lighting shall be provided along all private streets and walkways. Specifically, there shall be at least one exterior safety light per one hundred fifty feet of private street and walkway length. (Ord. 626 § 1 (Art. V § 503(J)), 1983)
16.32.140 Minimum standards – Sound transmission control.
All attached dwelling units in a common interest subdivision shall be required to meet the sound transmission control requirements of the California Building Code and Title 24 of the California Administrative Code. (Ord. 1044 § 2, 2017; Ord. 626 § 1 (Art. V § 503(K)), 1983)
16.32.150 Minimum standards – Storage space.
Each attached dwelling unit within a common interest subdivision shall be provided with at least three hundred cubic feet of enclosed, weatherproofed, and lockable storage space. Such storage space shall be in addition to interior closet space. (Ord. 626 § 1 (Art. V § 503(L)), 1983)
16.32.160 Minimum standards – Boat and trailer storage areas.
Unless prohibited by restrictive covenants, screened and protected areas for boats, trailers, and recreation vehicle storage shall be required for all common interest subdivisions of five or more acres. (Ord. 626 § 1 (Art. V § 503(M)), 1983)
16.32.170 Minimum standards – Rubbish collection.
A. Common trash enclosures shall be required where a common interest subdivision proposes the construction of attached housing.
B. In no case shall any dwelling unit in the project be located more than one hundred fifty feet from the nearest rubbish collection point. (Ord. 626 § 1 (Art. V § 503(N)), 1983)
16.32.180 Minimum standards – Laundry facilities.
A laundry area in each unit, with space for a washer and dryer and appropriate wiring and ventilation, shall be required for all housing which is to be constructed within a common interest subdivision. (Ord. 626 § 1 (Art. V § 503(O)), 1983)
16.32.190 Minimum standards – Plumbing facilities.
Each dwelling unit shall be provided with both a separate water heater and a water shut-off valve. (Ord. 626 § 1 (Art. V § 503(P)), 1983)
16.32.200 Minimum standards – Property owner’s association.
A. All common interest subdivisions shall, by recordation of the following documents, provide for the establishment of a property owner’s association:
1. Articles of incorporation;
2. Declaration of covenants, conditions and restrictions; and
3. Bylaws.
This information shall be required to be submitted as a part of a tentative subdivision map application. Furthermore, evidence of the recordation of said instruments must be submitted to the planning department before the city will permit any occupancy of any structure within a common interest subdivision.
B. Provision for the establishment of a sinking fund shall be provided within the recorded documents in order to adequately cover the short and long-term maintenance and/or repair of all commonly owned streets and structures, open space and recreational amenities, and all landscaped areas.
C. In addition, the recorded covenants, conditions and restrictions for a common interest subdivision shall include a statement to the effect that, in case a public nuisance occurs in any common area or structure, the city may enter the subdivision in order to investigate and abate the nuisance, and charge the cost of abatement to the property owner’s association. Further, whenever such a bill is not paid within a timely fashion, the city shall reserve the right to file a lien against the subject property.
D. The recorded covenants, conditions and restrictions shall also include a provision stating that an individual owner cannot avoid liability for his prorated share of the expenses for any common area by renouncing his right in the common area.
E. The recorded covenants, conditions and restrictions shall also include a statement to the effect that each owner has the right to enforce the bylaws and covenants, conditions and restrictions against any person having an interest in the common interest subdivision. (Ord. 626 § 1 (Art. V § 503(Q)), 1983)
16.32.210 Final and parcel maps.
The final or parcel map for a common interest subdivision shall meet all applicable state and/or local subdivision requirements. Further, approval of a final or parcel map shall specifically include findings that all of the applicable provisions of this chapter have been satisfied. (Ord. 626 § 1 (Art. V § 504), 1983)