Chapter 16.36
CONDOMINIUMS
Sections:
16.36.040 Condominium form and content.
16.36.010 Purpose.
The purpose of this chapter is to establish requirements for review and approval of new condominium development and/or condominium conversions, which shall apply in combination with the applicable provisions of this municipal code, the specific provisions of this title, and all applicable requirements of the Map Act. (Ord. 25-01 § 1).
16.36.020 Applicability.
This chapter applies to all new residential and nonresidential condominiums, stock cooperatives, community apartments, or any other subdivision of common interest property. (Ord. 25-01 § 1).
16.36.030 Review authority.
Compliance with this chapter, and any resulting approvals, shall occur concurrently with the review and decision of the subdivision map in accordance with this title. (Ord. 25-01 § 1).
16.36.040 Condominium form and content.
A. Requirements. In addition to the applicable requirements of this title pertaining to subdivision maps, no condominium project or portion of a project shall be approved unless the following items have been submitted with the tentative map or parcel map and approved by the city as to compliance with this municipal code and all applicable objective planning and design standards:
1. Development Plan. A development plan of the project, including a site plan depicting location and sizes of structures, parking layout, access areas and common open spaces; landscape plan; floor plans; and exterior building elevations for all structures and adhering to the following:
a. Facilities for solid waste and recycling collection shall be allocated within each unit or, if provided as collective facilities, shall be located within 250 feet of the units they are designed to serve and sized appropriately to accommodate the anticipated solid waste and recycling materials. Facilities for solid waste and recycling collection shall include fire suppression and drainage facilities as required by applicable local and state regulation;
b. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas;
c. Utility easements shall be provided for each dwelling with an access agreement for entry to repair and maintain same. Individual shutoff valves and disconnects shall be provided for each unit; and
d. For condominium conversion, the development plan shall also indicate the allocation of parking for each unit, demonstrating compliance with the parking standards of BMC Title 17 (Zoning), and include a clear designation of parking rights and method for enforcement.
2. Lighting Plan. A photometric plan of the project indicating location and light levels, and lighting specifications in common areas and adhering to the following:
a. Site lighting shall be provided in all vehicular access ways, collective parking areas, and along common walkways; and
b. Lighting shall be shielded and downward directed to avoid spillover or glare onto adjacent properties and residences.
3. Delineation of Shared Common Spaces. All shared common spaces (including shared access areas, utility corridors, etc.) shall be clearly delineated with bearings and distances; and
4. Proposed Condominium Documents. The proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking and proposed mechanism for resolving parking issues, and the management and maintenance of common areas and improvements shall adhere to the following:
a. Condominium documents shall establish a governance structure (e.g., condominium owners’ association) and shall ensure the provision of continued maintenance for all landscaped areas. “Maintenance” includes watering, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials;
b. Condominium documents shall ensure that each structure, driveway, parking area, roadway, access ramp, asphalt surface, signage, lighting fixture or facility, paint, street or traffic signage and asphalt markings, fence, sidewalk, utility and any additional improvement shall be maintained, refurbished and restored as necessary to provide a high degree of appearance, quality and safety and maintain compliance with all applicable local, state and federal regulations; and
c. Condominium documents shall provide, and all associated plans shall demonstrate, that individual units shall be separately metered for gas and electricity.
B. Residential condominium conversions shall additionally comply with the requirements of BMC 17.90.100 (Condominium conversions). (Ord. 25-12 § 4; Ord. 25-01 § 1).