Artesia City Zoning Code
ARTICLE 36
Standards and Criteria for Residential Condominiums
§ 9-2.3601 Definitions.
shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (i) an estate of inheritance or perpetual estate, (ii) an estate for life, or (iii) an estate for years, such as a leasehold or a subleasehold. A residential condominium is a unique land use which has many similarities to the ownership of a single-family dwelling, except that it is usually marked by higher urban densities, contiguity of living units, and the aforementioned common interest in the parcel of real property 'on which it is situated.
shall mean the elements of a residential condominium which are not owned in common with the owners of other condominiums in the project.
shall mean the entire parcel of real property divided or to be divided into condominiums including all structures located or to be located on such real property.
shall mean the entire project excepting all units granted or reserved.
shall mean the declaration of covenants, conditions and restrictions ("the declaration"), the description of project elements, the condominium plan establishing a plan for residential condominium ownership and the articles of incorporation and bylaws of the association of the owners.
shall mean the owner of a residential condominium.
shall mean the condominium units which are to be conveyed, the areas and spaces which are to be assigned to such units and the common areas which are to be shared by the owners of all units. Such elements constitute the totality of the condominium project and are enumerated in a formal declaration or statement within the condominium documents that includes the incidents of the condominium grant. Such enumerative description may contain irrevocable limitations on the use of the project elements which are not appropriate for the declaration of covenants, conditions and restrictions.
shall mean a plan consisting of a description or survey map of the surface of the land in the project, a diagram showing the dimensions and locations of the units and a certificate acknowledging the intent to create a condominium project and consenting to the recordation of such a plan pursuant to local ordinance and Title 6, Part 4, Division II (Section 1350 et seq.) of the California Civil Code by the record owner of the property and all record holders of security interests therein.
shall mean the City of Artesia.
(Ord. 159, § 78.01; Ord. 285, § 1)
§ 9-2.3602 Intent and Purpose.
Residential condominium projects may require that numbers of householders, with vested ownership in their respective dwelling units, live in close proximity to one another. Condominium projects also require that such owners be bound together in an association which is responsible for the maintenance, management and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of housing in the city. The unique status of residential condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the city to treat residential condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of this article are as follows:
(a)
To ensure that the significance of the fragmented pattern of condominium ownership with respect to long-range planning, unforeseen change, and maintenance of the City's housing stock is not superficially discounted in favor of short-term and expedient financial considerations;
(b)
To establish reasonable procedures for the dissolution of the condominium and demolition of the structures at the end of their economic, functional or physical life and thus obviate conditions of residential obsoleteness and blight and their pernicious effects upon both immediate occupants and the larger community;
(c)
To ensure that the potentially deleterious effects resulting from a lack of continuous and centralized management do not impact upon the public health, safety and welfare and, at the same time, ensure that there is democratic and effective management of the project that does not allow, over time, a majority of the unit owners to effectively contravene the initial commitments made to the project at the time of its inception and thus undercut the good faith of any minority of unit owners;
(d)
To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expectations and changing needs of property owners over a long period of time;
(e)
To ensure that the project developer is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately attenuated, may nevertheless render the living environment within the project undesirable and the transfer of unit ownership difficult;
(f)
To ensure that the project developer uses contemporary and environmentally sensitive concepts of site planning and architectural design in the creation of the project and to ensure that the project, once completed, maintains its integrity over time not only to preserve the long-term financial commitment of the unit owner, but to optimize the utilitarian and aesthetic qualities that make the project a viable home for him or her in the future;
(g)
To ensure that, when appropriate, governmental entities have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace.
(Ord. 159, § 78.02; Ord. 285, § 1)
§ 9-2.3603 Zoning and Conditional Use Permits Required.
(a)
No residential condominium shall be permitted in any zone unless such zone permits such usage and unless and until a conditional use permit is obtained therefor.
(b)
Except for strictly interior modifications to individual condominium units, no structural or architectural alterations, except incidental maintenance, shall be made to any existing residential condominium or its common areas within the City, unless and until a conditional use permit is obtained therefor. An applicant seeking a conditional use permit in order to make structural or architectural alterations to an existing condominium shall not arbitrarily or unreasonably be denied a conditional use permit where compliance with the provisions of Sections 9-2.3606, 9-2.3607, 9-2.3608 and 9-2.3609 of this article would impose a cost or other hardship disproportionate to the proposed structural or architectural alteration, provided that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in Section 9-2.3602 of this article.
(Ord. 159, § 78.03; Ord. 285, § 1)
§ 9-2.3604 Application for Conditional Use Permit.
The application for a conditional use permit for a proposed condominium project shall include the following information in copies which the Planning Department determines to be sufficient for its staff and the Planning Commission to evaluate the project:
(a)
A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six inches in diameter;
(b)
Dimensioned schematic development plans consisting of at least a site plan, garage plan, typical floor plan, building elevations showing natural grades, transverse and longitudinal section showing natural grades, and a conceptual landscaping plan for the project as a whole (in instances where the project involves the conversion of an existing structure to condominium usage, complete as-built drawings shall be provided);
(c)
A tabular analysis showing how the project compares to the minimum standards for condominium projects in the zone in which it would be located;
(d)
Typical detailed sections of the types of wall and floor ceiling construction that will be used in both common and interior partition walls within the condominium project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer or the City Building Official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction;
(e)
The proposed condominium documents including the declaration of covenants, conditions and restrictions, description of project elements and tentative condominium plan that would apply to the conveyance of units, the assignment of parking and the management of common areas within the project;
(f)
Such other information which the Planning Commission or Planning Department determines is necessary to evaluate the proposed project.
(Ord. 159, § 78.04; Ord. 285, § 1)
§ 9-2.3605 Fees.
The fee for the processing of an application for a conditional use permit for condominium usage shall be in an amount set by resolution of the City Council. The City Council may also establish by resolution a supplemental fee for the processing of an application involving the conversion of an existing multiple residential structure to condominium usage.
(Ord. 159, § 78.05; Ord. 285, § 1)
§ 9-2.3606 Condominium Development Policy, Standards and Criteria.
(a)
To achieve the purpose of this article all proposals for condominium usage made pursuant to the provisions of this article, including the conversion of existing multiple residential structures to condominiums, shall conform to the condominium development standards provided for in this section. Additionally, the Commission shall review the project proposal in order to determine its degree of compliance with both the condominium development standards and development criteria delineated in Sections 9-2.3607 and 9-2.3608 below. A condominium proposal which does not comply with all of the precise development standards in this article may be approved where the Commission finds that there are unusual circumstances regarding the development's location, site, or configuration, that the project is in substantial compliance with both the development standards and development criteria, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purposes of this article.
(b)
Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this section, the Planning Commission is empowered to vary any and all requirements contained herein with regard to a particular conversion proposal upon a finding that the creation of the proposed condominium will not have the potential to contravene the intent and purpose of this article. Project characteristics of critical importance in determining whether or not a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following:
Parking
Unit size
Sound transmission characteristics Private open space
Storage space
(c)
The Planning Commission is also empowered to impose conditions on its approval of the conditional use permit which would require that specified modifications designed to bring a structure more nearly into compliance with the condominium development standards contained herein, be made to the structure proposed for conversion.
(Ord. 159, § 78.06; Ord. 285, § 1)
§ 9-2.3607 Condominium Development Standards.
To achieve the purpose of this article the Planning Commission shall require, except as noted above, that all condominium projects conform to all ordinances of the City and all of the following condominium development standards.
(a)
Private Open Space. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size, in projects which include five units or more, all of the units shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of 150 square feet, except that one-bedroom units shall have a minimum area of 130 square feet. Such space shall have a configuration that would allow a horizontal rectangle or square of 100 square feet in area and a minimum dimension of seven feet to be placed in said space. The space shall be designed for the sole enjoyment of the unit owner and his or her guests, and shall have at least two weather-proofed electrical convenience outlets. Additionally, such space shall be at the same level as and immediately accessible from either a kitchen, dining room, family room, master bedroom, or living room within the unit. The Planning Commission may evaluate each project on its own merits, for the purpose of determining the number of bedrooms and with regard to the type, configuration and characteristics of the development including condominium unit mix, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this section.
(b)
Outdoor Living Space. At least 400 square feet of outdoor public living space per unit shall be provided. Such outdoor public living space shall comply with the provisions of Section 9-2.2904(g)(2).
(c)
Private Storage Space. Each unit within the project shall have at least 400 cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner. Such space shall have a minimum horizontal surface area of 50 square feet, a minimum interior dimension of five feet, and an opening not less than three and one-half feet by six feet (3 1/2′ x 6′).
Such space may be provided within individual storage lockers, cabinet or closets in any location approved by the Planning Commission, but shall not be split among two or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the day-to-day functioning of the unit, the Planning Commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closet or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.
If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project. Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Department to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.
(d)
Off-Street Parking.
(1)
Spaces Assigned to Units. There shall be at least two enclosed parking spaces assigned to each condominium unit within the project.
(2)
Spaces Designated for Visitors. In addition to the above requirements, there shall be at least one visitor parking space for each two condominium units within the project. A fractional requirement equal to, or greater than, 1/2 of a visitor parking space shall be interpreted as a requirement for a total visitor parking space.
(e)
Treatment of Utilities.
(1)
Plumbing Shut-Off Valves. Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-stop type. If there are extenuating circumstances which make the installation of such valves impracticable, the Planning Commission may approve a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water supplied appliance not contained within a unit.
(2)
Drip Pans. Clothes washers, dish washers, hot water heaters and any other appliances which the Building Official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains subject to the approval of the Building Official.
(3)
Utility Meters. With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use.
(4)
Hot Water. Each unit shall have a separate hot water heater.
(5)
Circuit Breakers. Each unit shall have its own circuit panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.
(f)
Isolation of Vibration and Sources of Structure-Borne Noise in Condominium Projects Where Units Have Common Walls and/or Floor and Ceilings.
(1)
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of its rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, is determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installation of nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Building Official.
(2)
Location of Plumbing Fixtures. No plumbing fixture shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit. Where practicable, plumbing fixtures shall be located on interior walls within the unit or on exterior walls of the project.
(3)
Separation of Vents and Lines. No common water supply lines, vents, or drain lines shall be permitted for contiguous units unless there is at least eight and one-half (8 1/2) feet of pipe between the closest plumbing fixtures within the separate units. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.
(4)
Isolation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multi-story condominium projects all vertical drainage pipe shall be surrounded by three-quarter (3/4) inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length excluding the sections that pass through wood or metal framing. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.
(g)
Attenuation of Noise.
(1)
General. Wall and floor-ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms, and garages shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor-ceiling assemblies.
(2)
Airborne Sound Insulation. All wall assemblies enumerated or alluded to in the previous paragraph (1) shall be of a type of construction that has a minimum rating of 55 STC (Sound Transmission Class). All floor/ ceiling assemblies enumerated or alluded to in the previous paragraph (1) shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and subflooring shall not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits, heating, and ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 33 STC. Such perimeter seals shall be maintained in effective operating condition.
(3)
Impact Sound Insulation. All separating floor/ ceiling assemblies enumerated or alluded to above shall be of a type of construction that has a minimum rating of 65 IIC (Impact Insulation Class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation.
(4)
Verification of Sound Class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the America Society for Testing and Materials system specified in ASTM E90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant or sponsor of the condominium development shall either (1) furnish the Building Official with data based upon tests performed by a recognized and approved testing laboratory, or (2) furnish the Building Official with verified manufacturer's data on the ratings of the various wall and floor/ceiling assemblies utilized in the Project. Additionally, the Building Official will develop a ready reference file indicating the STC and the IIC ratings of the wall and floor/ceiling assemblies commonly utilized in condominium structures.
(h)
Height Limitation. Condominium structures shall be limited to two stories in height, excluding subterranean levels devoted to automobile parking. There shall be no more than one unit in any vertical configuration. As used herein "subterranean level" shall mean a level the ceiling of which shall be no higher than the highest point of the finished grade adjacent to the structure, and which shall be either
(Ord. 159, § 78.07; Ord. 285, § 1)
§ 9-2.3608 Condominium Development Criteria.
There are important considerations relative to each proposal for condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominiums usage made pursuant to the provisions of this article and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the city, and, concurrently, give substance to the policies necessary to achieve the purposes of this article.
(a)
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 spaces, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.
(b)
Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community.
(c)
The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (i.e., gas, water, electricity).
(d)
The project should be designed to maintain as much of the natural topography, large trees, and environment as practicable.
(e)
The configuration and orientation of the project should respect reasonable design limits imposed by the natural and man-made 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 characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.
(f)
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, audial and other intrusions.
(g)
The project shall comply with State standards facilitating access for the handicapped.
(Ord. 159, § 78.08; Ord. 285, § 1)
§ 9-2.3609 Declaration of Covenants, Conditions and Restrictions.
To achieve the purpose of this article, the declaration of covenants, conditions and restrictions relating to the management of the common area and facilities shall accompany all proposals for condominium usage made pursuant to the provisions of this article. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California or pursuant to Title 6 of Part IV of Division II of the Civil Code or other State laws or policies, such declaration shall provide for the following, none of which, after acceptance in final form by the City, shall be amended, modified or changed without first obtaining a written consent of the City:
(a)
Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by Section 9-2.3607(a) of this article and any integral portion of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit it shall be conveyed as an integral part of the unit.
(b)
Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including but not limited to the private storage space required by Section 9-2.3607(b) of this article, shall be described and irrevocably assigned in the declaration or condominium plan to its respective unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be conveyed as an integral part of the unit.
(c)
Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, it shall be conveyed as an integral part of the unit. To the maximum practicable extent the two spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit, except that a unit occupant within the project may rent one space to another unit occupant or to the association. All parking spaces shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the State of California.
(d)
Maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by Section 9-2.3607(f) of this article, shall be described in the declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the declaration shall provide that said covering shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by coverings originally installed.
(e)
Right of Public Entry to Common Area. The City of Artesia, the County of Los Angeles, the State of California, and the Government of the United States, and any department, bureau or agency thereof, shall have the right of immediate access to all portions of common areas of the project not assigned to the exclusive use of the owner of a particular unit at all times for the purpose of preserving the public health, safety and welfare except in those instances where a common area is accessible only through a private unit. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project.
(f)
Television and Radio Antennas. Individual television and radio antennas shall be prohibited outside of any owner's unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the City.
(g)
Voting. For the purpose of voting, including without limitation voting to set the amount of regular or special assessments and for the purpose of amending the covenants, conditions and restrictions, one vote shall be allocated for each unit within the project; provided, however:
(1)
Except as provided with respect to the developer of a project hereinbelow, no owner shall be entitled to vote, directly or indirectly, more than 10% of the total number of units in the project or a maximum of 10 units whichever is the lesser. (Provided, further, that where there are less than 10 units in a project, the maximum voting power shall be one unit.)
(2)
Subsection 2-9.3609(g)(1) shall not apply to voting by the developer of a project, provided that the declaration shall provide for all of the following:
(i)
Voting by classes, one class being the developer and the other being all of the other owners.
(ii)
Wherever a particular percentage vote is required, said percentage shall be of each class voting separately.
(iii)
Elimination of the developer's separate voting class upon the earlier of the sale of 75% of the units or three years from the date of recordation of the declaration.
(h)
Partition and Sale of the Project. An action may be brought by one or more owners or units within the project for partition thereon by sale of the entire project as if the owners of all of the condominiums in such project were tenants in common in the entire project in the same proportion as their interests in the common areas; provided, however, that a partition shall be made only upon a showing of the existence of one or more of the conditions set forth in Section 752b of the California Code of Civil Procedure, or that:
(1)
Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or
(2)
One half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than 50% interest in the common areas are opposed to repair or restoration of the project; or
(3)
The structure has been in existence in excess of the number of years shown on the following tables, is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restoration of the project.
Age of Structure | Percentage of Interest in Common Areas Held by Condominium Owners |
|---|---|
30 years | 70 percent |
40 years | 60 percent |
50 years | 50 percent |
60 years | 40 percent |
70 years | 30 percent |
For purposes of this section, multiple owners of a single unit shall not be deemed possessed, in the aggregate, of any greater interest in the common areas than that possessed by a single owner of a unit.
(i)
Maintenance. The declaration shall contain a provision establishing the obligation and duty of the governing body of the condominium to maintain the common areas in good condition.
(j)
Enforcement. The declaration shall contain a provision insuring the right of any owner to enforce the terms of the declaration.
(k)
Assessments for Maintenance of Common Areas and Facilities.
(1)
General. In order to protect the public health, safety and welfare provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.
(2)
Veto Right and Authority of the City. In consideration for the City's approval of a condominium project, including without limitation any approval of a conversion to condominium usage, the declaration shall provide that the City at its option has the right and authority to veto any action of the association which would tend to decrease the amount of the regular annual assessment upon a finding by the City that such a decrease could or would adversely affect the long-run maintenance of the condominium structure and/or its common areas. To enable the City to exercise said optional veto, the declaration shall provide that association actions to decrease the annual assessment do not become effective until 60 days after written notice of such action is given to the City.
(l)
Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements over the entire private street network. The Planning Commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The Planning Commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.
(m)
Amendment of the Declaration. Any amendment to the declaration which would amend, modify, delete or otherwise affect any provision required by this Section 78.09 shall require the prior written approval of the City. To that end, no such amendment of the declaration shall be effective unless
(1)
The text thereof shall have been submitted to the City 30 days prior to its adoption by the owners;
(2)
Either the City has approved the amendment or failed to disapprove it within said 30 day period; and
(3)
The recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.
(Ord. 159, § 78.09; Ord. 285, § 1)
§ 9-2.3610 Severability.
If any section, subsection, sentence, clause or phrase in this article is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of any other portion of this article, it being the intent hereof that each section, subsection, sentence, clause and phrase hereof would have been adopted irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid.
(Ord. 159, § 78.10; Ord. 285, § 1)