Compton City Zoning Code
§ 30-18.5
Procedure D.
[Added by Ord. #1602, § 9152.5]
The provisions of Section 30-26 shall apply. The following items shall also be submitted with the application for a conditional use permit:
a.
Plot Plan. Six copies of a plot plan and one reproducible copy of the plot plan, which shall show the following:
1.
Title of the plot plan.
2.
Name, address and telephone number of the applicant.
3.
Name, address and telephone number of the person or firm preparing the plot plan.
4.
North Point and Scale. The plot plan shall be drawn to a scale of not less than one inch equals 100 feet.
5.
Location, name and width of existing and proposed streets, alleys, easements and interior pedestrian ways, including all abutting streets and streets proposed to provide primary access to the proposed planned development project from a major street or freeway.
6.
Location and dimensions of existing and proposed buildings and structures.
7.
Plan for proposed landscaping and permanent watering system.
8.
Proposed off-street parking facilities, including the location, number and dimensions of private and public parking spaces, aisles and driveways.
9.
Height, type and location of proposed walls and fences.
10.
If residential uses are proposed, a tabulation of the various dwelling types proposed, the net area of the development, and the dwelling unit density.
b.
Architectural Plans. Drawings shall be submitted which shall indicate the size and height and the color and materials to be used on the exterior of all proposed buildings and structures. Such drawings shall also include the dimensions and advertising copy of all proposed signs.
c.
Tentative Map. A tentative division of land or parcel map shall be submitted if required by Chapter 28, Land Subdivision. All proceedings with regard to a tentative map submitted with an application for a planned development project shall be held concurrently with those for the conditional use permit.
d.
Development Schedule. If the planned development project is to be constructed in increments, a development schedule shall be submitted.
e.
Conditions, Covenants and Restrictions.
1.
If conditions, covenants and restrictions are to be recorded for the planned development project, a copy of the declaration of conditions, covenants and restrictions shall be submitted.
2.
If the planned development project is to be divided into two or more parcels containing common areas, a plan for the preservation and continued maintenance of the common areas and facilities shall be submitted as conditions, covenants and restrictions on the development.
3.
The declaration of conditions, covenants and restrictions shall accompany all proposals for planned condominium developments and shall establish a property owner's association to regulate repairs and maintenance to the planned condominium development. In addition to such conditions, covenants 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 California 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 the written consent of the Commission:
(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 subsection 30-18.4 and any integral portion of the space that may exceed the minimum area requirements shall be described and irrevocably assigned by the declaration of conditions, covenants and restrictions 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 subsection 30-18.4, shall be described and irrevocably assigned by the declaration of conditions, covenants and restrictions to its respective unit; except that where the private storage 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.
(c)
Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed 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, they shall be conveyed as an integral part of the unit. To the maximum practical 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 owners, members of their families, their guests or lessees of the owner's unit. All parking spaces shall be used solely for the parking of motor vehicles as defined by the California Vehicles Code.
(d)
The declaration of conditions, covenants and restrictions shall contain a provision establishing the obligation and duty of the property owner's association to maintain the common area in good condition. The declaration of conditions, covenants and restrictions shall provide for workmen's compensation insurance and general liability insurance in an amount to be determined by the Commission.
(e)
The declaration of conditions, covenants and restrictions shall contain a provision ensuring the right of any owner to enforce the terms of the declaration of conditions, covenants and restrictions.
(f)
Maintenance of Common Areas and Facilities.
(1)
Obligation. No conditional use permit shall be granted for a planned condominium development unless the obligation for care, upkeep and management of the common element is set forth in the declaration of conditions, covenants and restrictions and is imposed on a nonprofit corporation (the property owner's association).
(2)
Assessments. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessment for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The remedies which the property owner's association may bring for nonpayment of assessments shall be specified and may include penalties for late payment.
(3)
Veto Right and Authority of the City. In consideration for the City's approval of a planned condominium development, the declaration of conditions, covenants and restrictions shall provide that the Commission, at its option, has the right and authority to veto any action of the property owner's 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 structures and/or common areas. To enable the City to exercise the optional veto, the declaration of conditions, covenants and restrictions shall provide the property owner's association actions to decrease the annual assessment do not become effective until 60 days after written notice of such action is given to the Commission.
(g)
Maintenance of Impact Insulation Class. The IIC rating of all separating floor/ceiling assemblies, as required by subsection 30-18.4g, shall be described in the declaration of conditions, covenants and restrictions. Where the minimum IIC rating is obtained through the use of floor covering(s), the declaration of conditions, covenants and restrictions shall provide that said covering(s) 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 covering(s) originally installed.
(h)
Television and Radio Antennas. Individual television and radio antennas shall be prohibited outside of any owner's unit. The declaration of conditions, covenants and restrictions may provide for a central antenna with connections to each unit via underground or internal wall wiring. The declaration of conditions, covenants and restrictions shall also permit cable antenna service provided by a company licensed to provide such service within the City and attic installation of antenna, where structurally feasible.
(i)
Right of Public Entry to Common Area. The City, the County, the State 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 for the exclusive use of the owner of a particular unit at all times.
(j)
Utility Easements Over Private Streets and Other Areas. If the planned condominium development contains private streets, provision shall be made for public utility easements in or adjacent to such private streets, adjacent to public streets or over other portions of the project to accommodate fire hydrants, water and gas mains, electrical lines and similar urban infrastructure. The Commission may also require access routes necessary to assure that fire-fighting equipment can reach and operate efficiently in all areas of the project.
(k)
Amendment of the Declaration of Conditions, Covenants and Restrictions. Any amendment to the declaration of conditions, covenants and restrictions which would amend, modify, delete or otherwise affect any provision required by this section shall require the prior written approval of the Commission. To that end, no such amendment of the declaration of conditions, covenants and restrictions shall be effective unless:
(1)
The text thereof shall have been submitted to the Commission 30 days prior to its adoption by the owners.
(2)
The Commission has approved the amendment or failed to disapprove it within said 30 days.
(3)
The recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.
f.
Site Plan and Design Review.
1.
Site plan and design review shall be required on all applications for planned condominium developments.
2.
A Site Plan Review Committee composed of the Chief Building Inspector and the Subdivision Committee shall be established and shall be responsible for the review and approval of said plan. The Committee may require that a conference be held with the project designer.
3.
An application for approval of a site plan shall be submitted to the Site Plan Review Committee for determination in any case involving any of the following:
4.
Development plans shall be reviewed in relation to the following criteria:
(a)
Compatibility with the General Plan and any specific plans for the area.
(b)
Compatibility of architecture and design with existing and anticipated development in the vicinity, including the aspects of site planning, land coverage, landscaping, appearance, and scale of structures and open spaces and other features relative to a harmonious and attractive development of the area.
(c)
Convenience and safety of circulation for pedestrians and vehicles.
(d)
Attractiveness, effectiveness and restraint in signing, graphics and color.
(e)
Development scheduling (if phased development) which will satisfy the above criteria in each phase.
If the proposed development complies with all applicable requirements and standards of this section and other laws and regulations, and the approving authority finds that the above criteria are adequately met or can be met if specified conditions are observed, the Site Plan Review Committee shall forward the completed application to the Commission with recommendation that the application for conditional use permit for a planned condominium development be approved, subject to such specified conditions. If the Site Plan Review Committee finds that the proposal cannot be modified to meet the requirements of this section and the above criteria, the Committee shall recommend the application for conditional use permit be disapproved. In all cases, findings shall be made concerning the grounds for approval or disapproval. |
g.
Appeal. Any person aggrieved by the decision of the Commission, within 15 days after the date of determination of the Commission may appeal in writing to the City Clerk for a review of the decision by the Council. The Council, after the filing of such appeal, shall review the matter and may affirm or reverse the decision of the Commission. The determination of the Council hereto shall be final and conclusive.