The purpose of this article is to address the special attributes of condominiums and to set development standards which will protect both the community and the purchasers of condominiums.

(Ord. No. 1564, § 2, 7-29-97)

In addition to standards applicable to regular subdivisions, no new condominium project or portion thereof, shall be considered for approval unless the following items have been submitted with a tentative map and approved by the city:

(a)

A development plan of the project including location and sizes of structures, parking layout, access areas and exterior elevations.

(b)

A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities.

(c)

A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas.

(d)

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 the management of common areas within the project.

(e)

Other information which the director determines is necessary to evaluate the proposed project.

(Ord. No. 1564, § 2, 7-29-97)

The following site requirements for condominium projects shall be required:

(a)

Architectural design. The evaluation of architectural design may include the following:

(1)

The general appearance of the proposed development shall contribute to the orderly and harmonious development of the community as a whole.

(2)

The design of all exterior surfaces of the buildings shall create an aesthetically pleasing project.

(3)

Consideration shall be given to the appearance of garages when viewed from outside the subdivision.

(4)

Vehicular accessways shall be designed to eliminate an alley-like appearance.

(b)

Environmental preservation. The location and orientation of all buildings shall, whenever feasible and desirable in the opinion of the planning commission, be designed and arranged to preserve natural features by minimizing the disturbance to the physical environment. Natural features such as trees, waterways, historic landmarks or slopes shall be delineated in the development plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, parking areas and finished grade elevations.

(c)

Landscaping.

(1)

All setback areas fronting on or visible from an adjacent public street, and all recreation, leisure and open space areas, shall be live-landscaped in an attractive manner and provided with a method for the maintenance thereof.

(2)

Decorative design elements such as fountains, pools, benches, sculptures, planters, exterior recreational facilities and similar elements may be permitted provided such elements are incorporated as a part of the landscaping plan, except where otherwise prohibited.

(3)

Permanent and automatic irrigation facilities shall be provided in all offsite and onsite planted landscaped areas.

(4)

Final landscape plans implementing the concept of the preliminary landscaping plans required by section 90-212(b) shall be prepared, submitted to and approved by the director prior to the recordation of the final map.

(d)

Lighting. The subdivider shall install an onsite lighting system on all vehicular accessways and along major walkways. Such lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties. Lighting shall also be installed within all covered and enclosed parking areas.

(e)

Common open space.

(1)

Minimum open space for condominium projects shall be 40 percent of the net area being developed. The net area shall exclude dedicated or proposed dedicated public rights-of-way.

(2)

Common open space area shall be designed and located within the project to afford use by all residents of the project. These common areas may include but are not limited to game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens or play lots.

(3)

Enclosed buildings used for recreation or leisure facilities should not be used to satisfy more than 37.5 percent of the required open space, i.e., 15 percent of the net area being developed.

(4)

Active recreation areas, except those located completely within a structure, used to meet the open space requirement shall not be located within 15 feet of any door or window of a dwelling unit.

(5)

Private waterways, including pools, streams and fountains, may be used to satisfy not more than 50 percent of the open space requirement.

(f)

Private open space. Notwithstanding the common open space requirements, each condominium unit must have a directly accessible private patio, deck, balcony, atrium or solarium with a minimum area of 70 square feet, and may have any amount of private open space in excess of the minimum accumulated to satisfy the minimum required common open space.

(g)

Parking.

(1)

Each dwelling unit shall be provided with covered parking as follows:

a.

Studio or one-bedroom units: One and one-half spaces.

b.

One-bedroom unit with den, or two or more bedroom units: Two spaces.

(2)

In addition to the requirement set out in subsection (g)(1) of this section, there shall be at least one visitor parking space for each five condominium units or major fraction thereof. The spaces shall be located in such a manner as to be readily accessible to the visiting public.

(3)

If private attached two-car garages are built with direct accessibility to the dwelling unit shall be built to standards of the R-1 zone.

(h)

Trash collection areas. Trash collection areas shall be approved by the city. Trash areas shall be enclosed within a building or screened with masonry walls having a minimum height of five feet. Access gates or doors to any trash area not enclosed within a building are to be of opaque material.

(i)

Street improvements.

(1)

The developer shall improve or post a cash bond with the city guaranteeing the installation of the improvements to city standards of substandard or deficient street improvements fronting the property within the public right-of-way to the satisfaction of the city engineer in accordance with the latest adopted City of Hemet Standard Specifications for Public Works Construction. These improvements may include but shall not be limited to curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, streetlights and water mains.

(2)

The width of the public rights-of-way and roadway of the streets abutting the property shall conform to the minimum standard of the circulation element of the general plan

(Ord. No. 1564, § 2, 7-29-97)

(a)

Building height. Building height in condominium projects shall be limited to that provided in zoning ordinance standards applicable to the zone in which the condominium is constructed.

(b)

Energy conservation. Projects shall be designed to fully comply with all energy conservation features and materials required by current state and local law.

(c)

Fire detection systems. Early warning smoke detection systems in the living quarters and fire protection appurtenances as required by current state and local law shall be required for all condominium subdivisions.

(d)

Keying requirements. Each single unit shall have locks using combinations which are interchange-free from locks used in all other separate dwellings within the project. This specification is intended to prohibit master keying. However, master keying may be permitted when requested by the condominium association authorized to represent the owners of the condominium units within the project.

(e)

Laundry areas. Where laundry areas other than those located within individual dwelling units are provided, such areas should be located so as to minimize visual and noise intrusion both within and outside the project.

(f)

Security measures.

(1)

Generally. The general design of the proposed condominium project should facilitate the reduction of crime. Individual unit security should be a significant consideration in the construction of the project.

(g)

Doors.

(1)

All exterior doors and doors leading from garage areas into private units shall be of solid core construction with a minimum thickness of one and three-eighths inches with panels not less than nine-sixteenths-inch thick, except those portions constructed of metal or glass.

(2)

Exterior doors and doors leading from garage areas into private units shall be self dosing and equipped with a double-cylinder or single-cylinder deadbolt lock with a minimum one-inch throw, working in concert with a key-in-knob deadlatch mechanism, except for sliding glass doors and the stationary door of a double-door entry, which shall be provided with a slide deadbolt at both top and bottom.

(3)

Installation and construction of frames, jambs, strikes and hinges on exterior doors and doors leading from garage areas into private units shall be as follows:.

a.

Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six inches on each side of the strike.

b.

In wood framing, horizontal blocking shall be placed between studs at door lock height for three-stud spaces on each side of the door openings. The door jamb shall have solid backing against sole plates, and the space between the trimmer and finished frame shall be filled with solid wood.

c.

Door stops and wooden jambs for exterior in-swinging doors shall be of a single piece of material.

d.

The strike plate for deadbolts on all wood frame doors shall be constructed of minimum 16 U.S. gauge steel, bronze or brass, two inches into solid backing beyond the surface to which the strike plate is attached.

e.

Hinges for out-swinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins.

(4)

Glazing in exterior doors or within 40 inches of any locking mechanism shall be of fully tempered glass or rated burglary-resistant glazing, and double-cylinder deadbolt locks shall be installed.

(5)

All front exterior doors shall be equipped with a wide-angle door viewer except where clear vision panels are installed.

(h)

Windows. Sliding glass windows and doors shall be of tempered glass and shall incorporate design features which prevent them from being lifted from their tracks while closed or partially open. Locks on this type of opening shall prevent its compromise by 500 pounds of pry force.

(i)

Mailboxes. Mailboxes shall be placed in a secure and easily surveyable space, and be provided with lighting on a 24-hour basis when located in a building.

(j)

Street numbers and identifying data.

(1)

Each individual unit within a condominium project with direct access to the street shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles.

(2)

Street numerals shall be no less than four inches in height and shall be of a contrasting color to the background to which they are attached.

(3)

An illuminated diagrammatic representation, which shows the location to the viewer and the unit designation within the complex of any condominium complex in which two or more units share a common address, shall be positioned at the main pedestrian entrance of the complex.

(k)

Lighting.

(1)

Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candle at the ground level during the hours of darkness.

(2)

Open parking lots and carports shall be provided with a maintained minimum of 1 foot-candle of light on the parking surface during the hours of darkness.

(3)

Outdoor lighting devices, required by this section, shall be an approved exterior fixture or protected by weather-resistant covers.

(4)

Common garage areas shall be lit with a minimum of 0.5 foot-candle when located within a building.

(l)

Sound attenuation. Projects shall be designed to comply with state noise insulation standards (California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4, Section 1092).

(m)

Private storage space.

(1)

Where the proposed units are to be constructed with other than an attached garage unit for each such dwelling unit, a minimum of 90 cubic feet of storage space shall be provided outside the dwelling unit for each such unit.

(2)

Such storage space shall have a minimum horizontal surface area of 24 square feet of enclosed, lockable storage space.

(n)

Unit size. Unit size shall conform to zoning ordinance requirements for the zoning district in which the condominium is proposed.

(o)

Utilities.

(1)

Plumbing fixtures. All plumbing fixtures within a unit shall be installed in a manner which will allow any individual plumbing fixtures, or all plumbing fixtures, or all plumbing fixtures not having individual shutoffs, within a single unit, to be shut off from the water supply without shutting off the water supply to plumbing fixtures in other units.

(2)

Drip pans. Clothes washers, dishwashers, hot water heaters and other appliances which the building section determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains, except in the case of concrete slab floors on grade.

(3)

Utility meters. With the exception of water supply and gas when supplied primarily to common area fixtures and accessory features such as fireplaces and barbecues, each utility that is controlled by 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. Utility meters shall be screened architecturally or with landscaping if located outside of buildings. Water meters shall be placed at locations designated by the public works director.

(4)

Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit, except for townhouse units.

(5)

Sewer service. A sanitary sewer fee, equal to the amount applicable to a single-family residence times the number of units in the condominium, shall be paid prior to submittal of the final map.

(p)

Vibration control. All permanent mechanical equipment, including fixed and built-in domestic appliances, which is determined by the building section to be a source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the building official to lessen the transmission of vibrations and noise attached to floor or cabinet.

(Ord. No. 1564, § 2, 7-29-97)

To achieve the purpose of this article, the developer shall include a copy of those portions of the declaration and restrictions proposed to be recorded as required by state law, together with any and all documents required by and relating to the items regulated by this article, in all proposals for condominium subdivisions. Once the declaration is accepted in final form by the director, none of the portions of the declaration relating to items regulated by this article shall be amended, modified or changed without first obtaining the written consent of the director, and all such declarations shall contain, at the end of each such provision, a statement to that effect.

(Ord. No. 1564, § 2, 7-29-97)

(a)

An exclusive easement to airspace of private open space areas provided under section 90-213 shall be described and conveyed with each unit in a condominium subdivision.

(b)

An exclusive easement to airspace of private storage areas, including but not limited to the private storage space required by section 90-214(h), shall be described and conveyed with each unit.

(c)

An exclusive easement for two required off-street parking spaces shall be conveyed with each unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit. A unit occupant within the condominium project may rent one space to another unit occupant or to the condominium association, provided that a minimum of one space is retained for use in conjunction with the residential unit.

(Ord. No. 1564, § 2, 7-29-97)

A condominium proposal which does not comply with all of the standards and requirements in this article may be approved if, upon application concurrent with the request for condominiums the planning commission finds that there are unusual circumstances regarding the development's location, site or configuration, that the condominium project is in substantial compliance with both the general standards and site and structural requirements, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of this article.