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Lawndale City Zoning Code

CHAPTER 17

80 CONDOMINIUMS

§ 17.80.010 Definitions.

A. 
As used in this chapter the following words and terms shall have the meaning ascribed thereto:
"Appliances"
means electric or gas-operated household devices, such as stoves, fans, heaters, refrigerators, air-conditioners, water heaters, dishwashers or any other devices used for cooking, heating, cooling or cleaning and air circulation.
"Association"
means the organization of persons who own a parcel, area, airspace, or the right of exclusive occupancy in a unit or condominium, and who have interests in the control of common area of such project.
"Common open space"
means those portions of the project area, which are designed, intended or used in common, and not under the exclusive control or possession of owners or occupants of individual units in such project.
"Community apartment project"
means the same as defined by Section 11004 of the California Business and Professions Code.
"Condominium"
means the same as defined by Section 783 of the California Civil Code.
"Developer"
means the owner or subdivider with controlling proprietary interest in the condominium project, or the person or organization making application to the city to build such a project.
"Open space"
means patios, decks and private open space balconies. Such space must be directly accessible to a unit.
"Organizational documents"
mean declarations of restrictions, management or operation of all or any part of a project.
"Planned unit development"
means a form of subdivision wherein the dwelling space as well as the land directly beneath a dwelling is owned individually and only the land surrounding the dwelling units is held in common ownership. No planned unit development shall be vertically stacked as to be over or under any other dwelling unit.
"Project"
means the entire parcel of real property and buildings proposed to be used or divided, as land or airspace, into two or more lots or units as a condominium, community apartment, stock cooperative or planned unit or townhouse.
"Stock cooperatives"
mean the same as defined by Section 11003.2 of the California Business and Professions Code.
"Townhouse"
means a design style with all elements of a dwelling unit stacked vertically, so no other unit is over or under the dwelling.
"Unit"
means the particular area of land or airspace that is designed, intended or used for the exclusive possession or control of individual owners or occupiers, whether or not they have interests in any common area of such project.
B. 
References. The term "condominium" as used in this chapter shall be deemed to include community apartments and stock cooperatives.
(Prior code § 6-1; Ord. 637-89 § 5(part); Ord. 875-00 § 3; Ord. 959-05 § 3)

§ 17.80.020 Applicability.

This chapter applies to new construction of condominiums, community apartments, stock cooperatives, planned unit developments and residential portions of commercial planned developments. It is a supplement and an addition to the standards, and requirements of the zone in which the development is proposed, or exists, and to the general plan designation in which the development is proposed or exists.
(Prior code § 6-2; Ord. 637-89 § 5(part); Ord. 959-05 § 4)

§ 17.80.030 Purpose.

The purpose of this chapter is to promote the following standards for condominiums and like development:
A. 
Architectural unity and harmony should be achieved both within the project and between the project and the surrounding neighborhood so that it promotes stability of and does not constitute a disruption to the established character of the neighborhood;
B. 
Provide for a high level of safety, compatibility and quality of the design of buildings, signs, parking areas, landscaping, luminaries and other site features. These shall include functional aspects of the site development, such as automobile and pedestrian circulation;
C. 
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 space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles;
D. 
A layout of structures and other facilities to effect conservation in the street, driveway, curb cut and other public or quasi-public improvements. Additionally, structures shall be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources, such as sunlight, air circulation and energy;
E. 
A configuration and orientation, which respects reasonable design limits imposed by the natural and man-made environment. Structures shall be situated to take advantage of view, topography, sun and wind, while at the same time not obstructing comparable advantages for adjacent properties. Structures shall be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby deleterious commercial or industrial uses;
F. 
The layout of the units and open space within the project shall establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through semi-privacy of common areas, to the privacy of the unit. The environment of each condominium unit shall be private and free from visual, audio and other intrusions;
G. 
Provision by the project sponsor of adequate outdoor living space, storage space and parking to meet the needs of long-term property owners; and
H. 
Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management do not impact the public health, safety and welfare.
(Prior code § 6-2-1; Ord. 637-89 § 5(part); Ord. 959-05 § 5)

§ 17.80.040 Conditional use permit required.

No condominium shall be constructed and no existing attached or detached dwelling unit shall be converted to a condominium, unless a conditional use permit is approved pursuant to the requirements of the Lawndale zoning ordinance.
(Prior code § 6-2-2; Ord. 637-89 § 5(part); Ord. 875-00 § 4; Ord. 959-05 § 6)

§ 17.80.050 Declaration of covenants-Conditions and restrictions.

A set of covenants, conditions and restrictions shall be submitted with the filing of a tentative map or special use permit application and shall contain all the following provisions:
A. 
Storage of Boats, Trailers, Recreation Vehicles. Storage of boats, trailers, recreation vehicles and other similar vehicles shall be prohibited in required parking spaces and/or where visible from the public right-of-way.
B. 
Guest Parking. Guest parking spaces shall be used only for guest parking. No individual vehicle shall use a guest space for more than seventy-two hours. Guest parking shall be marked "Guest Parking Only" and maintained at all times.
C. 
Assignment and Use of Required Off-street Parking Spaces. Required off-street parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of the required parking per unit. To the maximum practicable extent the parking spaces assigned to each unit shall be contiguous to the unit. In no case shall the private storage area of one unit overhang or take its access from another unit. All parking spaces shall be used solely for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code of the State of California (Vehicle Code, Section 415). No parking spaces shall be used, rented or leased to any person, except in conjunction with the occupancy of a unit within the project.
D. 
Access to Required Parking. Access to the required parking shall not be blocked at any time by any item, including, but not limited to, motor vehicles, trash, storage containers and trailers. The access to required parking shall be maintained at all times to provide for the safe use by automobiles and pedestrians.
E. 
Right of Public Entry to Common Area. The city of Lawndale, county of Los Angeles, state of California, and government of the United States, and any department, bureau or agency therefor, shall have the right of access to the common areas of the project at all times for the purpose of preserving the public health, safety and welfare.
F. 
Television and Radio Antennas, Including Dish Antennas. Individual television and radio antennas in compliance with Chapter 17.98 shall be allowed outside the unit with prior notice to the homeowner's association board or architectural committee. The declaration shall provide either for a central antenna with a connection 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. 
Maintenance of Common Open Space. Provisions shall be made for annual assessments for maintenance and special assessments for capital improvements. The amount of the annual assessment as well as the data and procedure for its increase shall be specified and shall be limited to the estimated yearly payment of real property taxes and maintenance and improvement expenses incurred with respect to the common area. The manner in which special assessments may be levied for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the common area shall be specified. Both annual and special assessments must be fixed at a uniform rate for all units and may be collected on a monthly basis.
H. 
Approved Plans Binding the Association. The covenants, conditions and restrictions shall state that the final city approved building plans, landscaping plans and utility plans are binding on the association. Planning commission approval must first be secured for any changes to such items, and any modification to any portion of such items.
I. 
Condominium Association. All condominium projects are required to establish an operating homeowners association to have jurisdiction over all matters of common interest to the members of the particular association. Such homeowners association shall comply with all requirements found in the California Corporations Code and any other applicable state and/or federal law.
J. 
Maximum Number of Units Allowed. The declaration shall specify the number of units in the project approved by the city, stated as the maximum allowed without city approval for additional units.
K. 
Rights of the City. The declaration shall specify that, if in the opinion of the city manager of the city of Lawndale (or an authorized representative), the association at any time fails to maintain the common areas or improvements thereon in accordance with the standards of repair, maintenance and cleanliness specified in the declaration, the city may give written notice to the association and shall require that the association take appropriate corrective action within thirty days of receipt of such written notice, unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction may be reduced to a minimum of five days of receipt of notice. The association shall have the right, within ten days of such written notice of deficiency, to file an appeal with the city council for public hearing before the city council to consider the reasonableness of the city's requirements as set forth in the written notice of deficiency. The decision of the city council on such appeal shall be binding upon all parties but may be appealed by the association through an appropriate action in any court having jurisdiction. If the association, within the time set forth in the notice of deficiency (subject to extension for such time as may be required to appeal the notice of deficiency to the city council) does not undertake and complete the corrective work required in the notice of deficiency, the city may undertake and complete such corrective measures against the association as a lien, in the same manner as set forth in this section for the establishment of liens against association property. The remedy in this section allows the city to take action but does not require any action by the city. This remedy is cumulative in nature and does not prevent the city from exercising any other remedy civilly, criminally or administratively that it may possess under its police powers and the state of California.
(Prior code § 6-2-3; Ord. 637-89 § 5; Ord. 912-02 § 12; Ord. 959-05 § 7; Ord. 1076-12 § 5)

§ 17.80.060 Project approval procedure.

A. 
Within the time allotted by state law after receipt of a complete application for a project, as determined by the director of community development, a public hearing shall be held pursuant to special use permit requirements in accordance with the provisions of Chapter 17.28 of this title.
B. 
In approving or conditionally approving a project, the following findings shall be made:
1. 
That the proposed development is in accordance with the development policies adopted by the general plan, zoning ordinance, design guidelines, Uniform Building Code, Fire Code, development standards established in this title and any policy resolution approved pursuant to this title;
2. 
That establishment, maintenance and operation of the use applied for will not, under the circumstances of the subject case, be injurious or detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working the neighborhood of the subject project;
3. 
That the establishment, maintenance and operation of the project will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city.
(Prior code § 6-3; Ord. 637-89 § 5; Ord. 959-05 § 8)

§ 17.80.070 Development standards.

A. 
All condominium projects, excluding apartment conversion projects, approved by the planning commission shall meet the following standards:
1. 
The project shall be in accordance with the development policies adopted by the general plan, zoning ordinance, design guidelines, Uniform Building Code, Fire Code, development standards established in the ordinance and policy resolutions approved pursuant to this title;
2. 
The project shall meet the purpose of this chapter;
3. 
Access to the required parking for the project shall be a minimum width of twelve feet and shall comply with the minimum dimensions and restrictions set forth in Chapter 17.72 of this title. Accessways shall be without obstructions and clearly marked "Fire Access";
4. 
All fixtures and appliances within the units shall be provided with shutoff valves capable of eliminating both hot and cold water flow; each unit shall have a shutoff valve; and each supply riser shall have a shutoff valve for hot and cold water;
5. 
All utilities shall be metered on a per-unit basis; common areas of the project shall not be supplied with utilities from the units within the project;
6. 
A circuit breaker panel controlling all circuits and outlets, which serve the unit, shall be provided for each unit;
7. 
Each unit shall have private open space directly accessible to the dwelling unit and access to common open space. The open space requirements shall be satisfied by compliance with the provisions of this title governing open space for the underlying residential zone as contained in Chapter 17.48 of this title;
8. 
Each unit within the project shall have at least two hundred cubic feet of enclosed, weatherproofed and lockable storage space. Such space shall be for the sole use of the unit. Such space may be provided within individual storage lockers, cabinets or closets within the garage and/or under stairwells or "over the hood" with not more than three feet overhang and a minimum forty-eight inches clearance below. It is intended that this standard apply to space over and above that normally associated with day to day functions of the unit, and that normal linen and clothes closets or pantries customarily within dwelling units shall not comply with this standard;
9. 
All utilities shall be underground;
10. 
All units shall be equipped with fire sprinklers;
11. 
A project containing three or fewer units may be a planned unit development as long as all applicable legal standards and development standards are satisfied;
12. 
Clothes washers, dishwashers, hot water and any other appliances likely 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 director of community development. This requirement shall not apply in the case of concrete slab floors on grade;
13. 
No plumbing fixtures shall be located in a common wall between two individual units. Each condominium unit shall have the necessary facilities (e.g., plumbing, electrical, venting, space, etc.) for one standard washer and one standard dryer;
14. 
No common vents or drain lines shall be permitted for contiguous units;
15. 
All water supply lines within the project shall be isolated from wood, metal and other framing with pipe isolators specifically manufactured for that purpose and approved by the director of community development. All vertical drainage lines within the project shall be isolated from touching wood, metal and other framing and all drainage pipes shall be surrounded by approved insulation;
16. 
Interior unit noise levels shall not exceed forty dBA CNEL. The minimum sound insulation for walls and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces, such as interior corridors, laundry rooms, recreation rooms, parking spaces, etc., shall provide airborne sound insulation, impact sound insulation, and isolation of vibration and sources of structure-borne noise (including shock mounting of mechanical equipment);
17. 
All water lines, except landscape water lines and fire protection systems shall be of copper tubing;
18. 
Utility meters are not to be placed on the front or interior elevations;
19. 
All drainage for the project shall be conducted under the public right-of-way;
20. 
All wall-heating units shall be thermostatically controlled;
21. 
Security provisions incorporated into the building, such as type of locks etc., shall be defined in the application for approval of the project;
22. 
The project shall comply with the height limitations of the zone in which it is located;
23. 
A detailed landscaping plan shall be approved by the director of community development prior to the issuance of any permits.
B. 
The planning commission may, by resolution, approve other criteria compatible with the standards contained in this section.
(Prior code § 6-4; Ord. 598-88 § 4; Ord. 637-89 § 5; Ord. 665-90 §§ 4, 6; Ord. 875-00 § 6; Ord. 959-05 § 9; Ord. 1016-08 § 4; Ord. 1028-09 §§ 1, 2)

§ 17.80.080 Parking.

A. 
Each unit shall have two vehicular parking spaces in a garage, or in subterranean parking, to be a minimum of twenty feet by twenty feet interior dimension, to be clear and unencumbered.
B. 
Every dwelling unit containing four or more bedrooms or rooms that, in the judgment of the community development director, can be used as bedrooms, shall provide one additional off-street parking space. This parking space need not be covered.
C. 
One-half visitor parking space shall be provided for every unit. Fractions of parking spaces shall be rounded up to the next whole number. Visitor spaces can be covered or uncovered but must be visible, accessible and easily identifiable as visitor parking. Visitor parking spaces shall not be located in front setbacks and shall not be assigned to residents.
D. 
Access is to be determined by the fire department and standards for adequate access above the minimum zoning ordinance parking access standards.
(Prior code § 6-5; Ord. 637-89 § 5; Ord. 959-05 § 10)