CHAPTER 2
ZONING
ARTICLE 12. CONDOMINIUM DEVELOPMENTS
SECTION:
§9150 DEVELOPMENT STANDARDS
Condominium developments, either new structures or the conversion of existing structures originally built for sale or lease, shall be permitted in any district upon the securing of a use permit, provided that the following standards are met:
A. Use, Height, Yard And Other Regulations: Regulations governing the use, building height, required setbacks, building separation, signs, off street parking and other explicit regulations, where not governed by the provisions of this article, shall be those of the district within which the development is located.
B. Classification: Residential condominiums shall be classified as follows:
1. Horizontal condominiums shall be buildings in which single-family units are constructed, either as separate structures or as self-contained units, within a common structure having individual entrances and utility connections, no opening in any wall common to two (2) or more units and no part of any unit on top of any part of any other unit.
2. Vertical condominiums shall be any duplex, triplex or apartment house, as defined in the California building code of the city (division 3, chapter 1 of this code) in which condominium any part of any dwelling units is on top of any part of any other dwelling unit.
C. Density: The maximum allowable density in any residential or mixed residential/commercial use condominium development to be constructed or converted shall be that of the district within which the development is located, except as follows. For the purposes of this section, "building site area minimum" means the average (mean) building site area for all residential units.
1. R-1, low density residential district: The building site area required for each dwelling unit shall be a minimum of four thousand five hundred (4,500) square feet or a minimum of three thousand (3,000) square feet when second units are prohibited. The minimum width of any lot shall be forty feet (40’).
2. R-2, multiple-family residential district: The building site area required for each dwelling unit intended to occupy any building or group of buildings on such building site shall be a minimum of three thousand (3,000) square feet, or a minimum of one thousand five hundred (1,500) square feet of site area when second units are prohibited. The minimum width of any lot shall be forty feet (40’) or as determined through a site development permit process.
3. R-3, general multiple residential district; C-N, neighborhood commercial district; C-1, community commercial district; and C-2, heavy commercial district: The building site area required for each dwelling unit intended to occupy a building or group of buildings on such building site shall be at least one thousand five hundred (1,500) square feet. The minimum width of any lot shall be forty feet (40’) or as determined through a site development permit process.
D. Outdoor Common Area: In all residential condominiums the outdoor common area, exclusive of all structures, shall contain an area having a slope of not more than ten percent (10%) and a minimum area per unit as follows:
1. For horizontal condominiums, one thousand (1,000) square feet per unit; and
2. For vertical condominiums:
a. Where structures average between two (2) stories or less, seven hundred fifty (750) square feet per unit; and
b. Where structures average between two (2) stories and three (3) stories, six hundred fifty (650) square feet per unit; and
c. Where structures average three (3) stories or more, five hundred fifty (550) square feet per unit.
E. Gross Area Required: No condominium shall be built unless the gross land area contains at least six thousand (6,000) square feet.
F. Rights Of Way: The right of way, and improvements thereon for all streets, whether to be public or private, shall be approved by the planning commission.
G. Separation From Other Structures: The main structure of any condominium in which residential uses are proposed in any residential zone shall be separated from any other main structure on the same lot by at least ten feet (10’).
H. Parking: There shall be provided on site, one parking space for one bedroom units; two (2) parking spaces for two (2) or more bedrooms per unit.
I. Storage: There shall be provided a minimum coverage storage area of forty (40) square feet for each dwelling unit.
J. Occupancy Type: Condominiums shall be group 1 occupancy as defined in the California building code (division 3, chapter 1 of this code).
K. Yard Setbacks:
1. R-1 district: The front yard setback shall be a minimum of fifteen feet (15’), except the front yard setback for lots internal to or fronting streets within the development shall be a minimum of ten feet (10’). Side and rear setbacks abutting property that is not part of the development shall be a minimum of five feet (5’). Side and rear setbacks internal to the development may be reduced to zero feet (0’).
2. Other districts: Side and rear setbacks abutting property that is not part of the development, but is zoned or used for residential purposes shall be a minimum of five feet (5’), except second or higher stories shall be set back a minimum of ten feet (10’). Side and rear setbacks internal to the development may be reduced to zero feet (0’). (Ord. 793, §2, adopted 1982; Ord. 1110, §1, adopted 2008; Ord. 1114, §2, adopted 2009)
§9151 USE PERMITS
Applications for use permits for condominium developments shall be accompanied by the following:
A. A topographic map to a workable scale, showing the site in relation to surrounding property, existing roads and other existing improvements;
B. A site plan, showing proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping and the boundaries of the project;
C. Drawings showing how air space is to be divided within the condominium;
D. A copy of the tentative subdivision map, if required;
E. Floor plans and elevations of all proposed buildings and structures;
F. A copy of the declaration of restrictions and proposed management arrangement relating to the project, as required by the provisions of section 1355 of the Civil Code of the state; and
G. Any information deemed necessary or desirable in assisting the commission in its determinations for approval of the use permit and the conditions thereof.
H. A tentative subdivision map must be approved within six (6) months of use permit approval and required building permits be taken out within two (2) years of final map recordation. (Ord. 793, §2, adopted 1982)