Loma Linda City Zoning Code
CHAPTER 17
72 OFFICE, COMMERCIAL AND INDUSTRIAL CONDOMINIUM PROJECTS
§ 17.72.010 Findings, intent and purpose.
A.
The city council finds that office, commercial and industrial condominium developments are different in so many respects from other types and forms of land ownership and development as to require different regulations.
B.
The intent of this chapter is to develop standards, procedures and guidelines, to provide a method whereby sufficiently large and properly located land area can be developed, employing innovative and imaginative land planning concepts.
C.
The purpose of the chapter is to provide for the general control of design and development of common ownership office, commercial and industrial condominium developments in accordance with the basic purpose of the State Subdivision Map Act.
(Ord. 268 § 1(A)(1), 1981)
§ 17.72.020 Objectives.
The objectives and purposes of the planned office and industrial condominium developments are as follows:
A.
To encourage a more desirable business and working environment than would be possible through a strict application of the provisions of this chapter;
B.
To encourage orderly and well-planned owner-occupied office and industrial developments;
C.
To encourage variety in the physical development pattern of the city; and
D.
To insure that these objectives are realized and that in the process, the development objectives, principles, and standards remain in conformity with the requirements of the zoning ordinance and general plan.
(Ord. 268 § 1(A)(2), 1981)
§ 17.72.030 Definitions.
The following words and phrases are defined for use in this chapter:
means the organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a unit of condominiums and may have interests in the control of common areas of such project.
means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated commercial space and/or spaces and accompanying facilities.
means the element of a commercial condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.
means the entire condominium development excepting all units as described in subsections C, K and J of this section, therein granted or reserved to individual ownerships.
means the uninfringed utilization of common areas by the owner of a condominium interest within a condominium development.
is 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 an industrial or commercial building on such real property such as an office or store. A condominium may include in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:
means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated industrial or manufacturing space and/or spaces and accompanying facilities.
means the element of an industrial condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.
means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated interior office space and/or spaces and accompanying facilities.
means the element of an office condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.
means any space not within the primary structure which is used for the keeping of any goods or materials and which is not fully enclosed by solid walls and a roof.
(Ord. 268 § 1 (A) (3), 1981)
§ 17.72.040 Permit required.
A.
Office condominium developments are permitted in the appropriate C-1, C-2, CO, BP and I-HC zoning districts within the city, subject to the issuance of a conditional use permit pursuant to the provisions of Section 17.30.130 through 17.30.240, the provisions of the zone in which the project is proposed, and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.
B.
Industrial condominium developments are permitted in the appropriately zoned CM and BP zoning districts within the city, subject to the issuance of a conditional use permit pursuant to the provisions of Section 17.30.130 through 17.30.240, the provisions of the zone in which the project is proposed, and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.
C.
Commercial condominium developments are permitted in the appropriately zoned C-1, C-2, CM, and CO zoning districts within the city, subject to the issuance of a conditional use permit pursuant to the provisions of Sections 17.30.130 through 17.30.240, the provisions of the zone in which the project is proposed, and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.
(Ord. 268 § 1(A)(4), 1981; Ord. 764 § 2, 2021)
§ 17.72.050 Conversions.
A.
The conversion of lease or rental developments to condominium developments within appropriate zoning districts is permitted, subject to the issuance of a conditional use permit pursuant to the provisions of Sections 17.30.130 through 17.30.240, and the approval of tentative and final tract or parcel maps as may be required by law. This requirement is in addition to other permits or certificates required by law.
B.
Furthermore, approval of the conditional use permit for conversion shall require that the development in question meet all requirements currently in effect for new office or industrial condominium developments.
C.
No person shall construct, sell, lease, rent, convey, maintain or use an office, commercial or industrial condominium development or unit within the city without complying with the provisions of this title.
(Ord. 268 § 1(A)(5), 1981)
§ 17.72.060 Precise plans required.
A precise plan of design shall be required for the use or development of any lot or parcel of real property for an office, commercial or industrial condominium development irrespective of the area or size of such lot or parcel.
(Ord. 268 § 1(A)(6), 1981)
§ 17.72.070 Application requirements.
A conditional use permit, precise plan of design, and tentative tract map, as required by this chapter, shall be submitted to the planning department concurrently. The planning department shall make recommendations on such project to the planning commission for approval, conditional approval, or denial. Tentative tract maps, precise plan of design and conditional use permit applications, filed pursuant to this chapter, shall be processed simultaneously.
(Ord. 268 § 1(A)(7), 1981; Ord. 485 § 14, 1992)
§ 17.72.080 Required information.
In addition to the requirements of Sections 17.30.130 through 17.30.240, 17.30.260 through 17.30.310 and Ch. 16.04, the information to be filed in support of an office, commercial or industrial condominium development shall consist of at least the following:
A.
A site plan depicting:
1.
The building site showing the arrangement and location of all buildings, structures, and improvements proposed and to be retained or constructed and the gross floor area and ground floor area of each unit and/or building type. This includes existing and proposed off-site improvements;
2.
The location and design of on-site circulation, including pedestrian ways, on-site parking and location, loading areas, and out-side storage areas;
3.
The location of all landscaped areas, fences and trash storage areas and how the utility services and drainage are to be provided;
B.
A landscape plan, including landscape plant schedule, showing the location of existing trees proposed to be removed and proposed to be retained, and the amount, size, type and location of landscaped areas, planting beds, and plant materials, including provisions for one hundred percent automatic irrigation;
C.
Architectural drawings, renderings or sketches showing all elevations and floor plans exclusive of final unit plans of the proposed buildings and structures as they will appear on completion. All exterior surfacing materials and colors shall be specified and mounted on a sample board;
D.
Scale drawings of all signs and exterior lighting showing the size, location, materials, colors, copy and illumination. This shall include all light standard specifications;
E.
Preliminary grading plans when necessary to insure development properly related to the site and to surrounding properties and structures;
F.
Calculations indicating the land area devoted to each proposed use in the planned office or industrial condominium development and its percentage of the total area;
G.
A map indicating any proposed division of land within the office or industrial condominium development;
H.
A current preliminary title report showing the vested ownership and all covenants, conditions, restrictions and reservations of record;
I.
Any other drawings or additional information necessary to adequately consider the drawings required by this section and determine compliance with the purpose and intent of this title.
(Ord. 268 § 1(A)(8), 1981)
§ 17.72.090 Development standards.
To achieve the purpose of this chapter, the city shall require, prior to the approval of construction, that all office, commercial and industrial condominium developments conform to this code in effect at the time of approval. Such standards shall include, but are not limited to the following:
A.
Office condominium developments may be constructed in the C-1, C-2, CM and A-P zoning districts, subject to the development standards of the underlying zone, the parking standards and the sign standards of the city, and any conditions of approval as required by precise plan of design and conditional use permit review;
B.
Commercial condominium developments may be constructed in the C-1, C-2, CM and M-R zoning districts, subject to the development standards of the underlying zone, the parking standards and the sign standards of the city, and any conditions of approval as required by precise plan of design and conditional use permit review;
C.
Industrial condominium developments may be constructed in the CM and M-R zoning districts, subject to the development standards of the underlying zone, the parking standards and the sign standards of the city, and any conditions of approval as required by precise plan of design and conditional use permit review;
D.
In addition to the requirements of the respective zoning districts in which office, commercial or industrial condominium developments are located (as indicated in subsections A, B and C of this section), the following development standards shall apply. Wherever there is a conflict or the appearance of a conflict between the normal zoning requirements and the following condominium requirements, the more stringent standards shall apply unless the conflict is mutually exclusive, in which case this chapter shall apply:
1.
Site Area.
a.
The minimum gross site area for office condominium developments within C-1, C-2, or A-P zoning districts, when developed pursuant to this chapter, shall be ten thousand square feet, except that sites with lesser area may be permitted when contiguous to an existing office condominium development constructed to the standards of this chapter or which constitute a logical extension in arrangement of buildings, facilities, and open space of a project previously reviewed and approved by the city as an office, condominium project.
b.
The minimum gross site area for commercial condominium developments within the C-1, C-2, CM or M-R zoning districts, when developed pursuant to this chapter, shall be ten thousand square feet, except that sites with lesser area may be permitted when contiguous to an existing commercial condominium development constructed to the standards of this chapter and which constitute a logical extension in arrangement of buildings, facilities and open space of a project previously reviewed and approved by the city as a commercial condominium project.
c.
The minimum gross site area for industrial condominium developments within the CM or M-R zoning districts, when developed pursuant to this chapter, shall be ten thousand square feet, except that sites with lesser area may be permitted when contiguous to an existing industrial condominium development constructed to the standards of this chapter and which constitute a logical extension in arrangement of buildings, facilities and open space of a project previously reviewed and approved by the city as an industrial condominium project.
2.
Fire Rating. Each industrial condominium unit shall be constructed with a minimum of one-hour rated construction throughout.
3.
Outdoor Storage Areas. Outdoor storage may be permitted in industrial condominium developments as a part of the required conditional use permit when the city determines that such storage is adequately screened from public view and will not be aesthetically or materially detrimental to surrounding properties. If the city determines that a proposed industrial condominium development can adequately accommodate outdoor storage area(s), then the following standards shall apply:
a.
Outdoor storage shall only be permitted within the rear or side yards (except corner side yards) of the development.
b.
All outdoor storage areas shall be fully enclosed within a minimum six-foot high masonry block wall similar in color and appearance to the primary structure(s). Accessways to storage areas shall be gated with an opaque material such as wood, metal, chain link (with wood slats), or other suitable material. Exception: chain link fence or a similar material may be substituted for the required masonry block wall between adjoining industrial side and/or rear property lines when the city is presented with a written, mutual agreement between the property owners involved. This exception may apply only to adjoining industrial uses, appropriately zoned, and shall not be permitted when one of the properties is vacant or when the property line in question abuts a public or private street.
c.
Only those materials common to the operation of the permitted use of the respective industrial condominium unit shall be permitted in an outdoor storage area. Waste and scrap materials shall be removed at least once a year.
d.
Goods or materials within the outdoor storage area may not be stacked so as to exceed the height of the required masonry block wall.
(Ord. 268 § 1(A)(9), 1981; Ord. 485 § 14, 1992)
§ 17.72.100 Appearance standards.
The following standards shall be considered by the city before approving a planned office, commercial or industrial development:
A.
Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the area or the community as a whole.
B.
Architectural features and complimentary colors shall be incorporated into design of all vertical exterior surfaces of the building in order to create an aesthetically pleasing project.
C.
Particular attention shall be given to incorporating the design, including colors of signs, into the overall design of the entire development in order to achieve uniformity.
D.
Vehicular accessways shall be designed with landscaping and building variation to eliminate an alley-like appearance.
(Ord. 268 § 1(A)(10), 1981; Ord. 485 § 14, 1992)
§ 17.72.110 Miscellaneous development standards.
The following development standards shall also be applicable to office, commercial or industrial condominium developments:
A.
Grading: Notification of Completion and Written Certification Required. The permittee or his or her agent shall notify the city building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, have been completed in accordance with the final approved grading plan and the required reports have been submitted, including written certification that work completed is in accordance with the final approved grading plan.
B.
Landscaping: Notification of Completion and Written Certification Required. The permittee or his or her agent shall notify the planning director when the final landscaping installation is ready for inspection. Final approval shall not be given until all work, including installation of plant material and irrigation systems, has been submitted, including written certification that work completed is in accordance with the final approved landscape plan.
C.
Energy Conservation. Project shall be designed to fully comply with all energy conservation features and materials required by current state and local requirements.
D.
Fire Detection System. Fire protection appurtenances as may be required by current state and local requirements.
E.
Security Measures. The general design of any proposed development shall facilitate the reduction of crime. Individual unit security shall be a significant consideration in the construction of the development, in accordance with the city's current security ordinance.
(Ord. 268 § 1(A)(11), 1981)
§ 17.72.120 Provisions required-Covenants, conditions, and restrictions.
In order to insure maintenance of all streets, parking areas, and landscaping within all common areas of any and all office, commercial and industrial condominium developments, the following provisions shall be contained in the covenants, conditions, and restrictions. No such CC&Rs shall be acceptable until approved by the planning director as to suitability for the proposed use and maintenance of the street, parking areas, and other common areas and the city attorney as to legal form and affect. These provisions shall include, but not be limited to the following:
A.
Provisions for the maintenance of all parking, streets, landscaping, and other common areas by an association of the individual office, commercial or industrial condominium unit owners;
B.
Provisions for the common use of all parking facilities and streets by each office, commercial or industrial condominium unit;
C.
Provisions restricting the use of each office, commercial or industrial condominium unit to the uses permitted by this chapter;
D.
Provisions requiring the continued maintenance of design and building standards which are approved through the required precise plan of design including but not limited to construction details, exterior finishes and colors, landscaping, outdoor storage areas, and signing. Any changes must be approved through separate precise plan of design;
E.
The final CC&Rs, upon approval by the city, shall be recorded with the final tract or parcel map;
F.
The city shall be made a party to the CC&Rs, and further providing the city shall approve any changes or amendments to the CC&Rs;
G.
The city shall be granted the power to enforce all provisions of the CC&Rs including but not limited to the maintenance of all streets and parking areas and landscaping within all common areas;
H.
The city shall be granted the express power to enforce all laws and ordinances of the state of California and/or the city on the private streets, alleys and parking areas with the project. Nothing within the CC&Rs shall be construed as imposing an obligation or requiring the city to enforce any provision of the CC&Rs;
I.
The city shall be entitled to prior written notice of any proposed amendment to the CC&Rs. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City of Loma Linda, c/o City Clerk, together with a letter of transmittal explaining the proposed change in general terms. The city shall have an opportunity to review and comment upon the proposed amendment for a period of not less than forty-five days prior to the effective date of any such proposed amendment;
J.
Right of Entry. The city, through its duly authorized agents or employees, shall have the right to enter upon the common areas for the following purposes:
1.
Inspection, maintenance and repair of the landscape and private street components of the common areas where such maintenance and repair is required;
2.
Enforcement of local traffic and/or parking regulations. All privately owned and maintained streets, drives, alleys and parking areas shall be open for the use of the public for purposes of vehicle traffic and are so connected with highways and streets, and that provisions of the Vehicle Code of the state of California may be applied in their entirety to them. Whenever by this provision, or any other law of the city, parking is restricted or prohibited and signs are erected giving notice thereof, the officers of the police department may cause the vehicles in violation thereof to be towed away and stored at the expense of the owner, operator, or person to whom the vehicle is entitled to be released, and the vehicle shall not be released except upon payment of the towing and storage cost. In tow-away zones, the traffic engineer shall cause to be erected appropriate signs giving notice thereof;
K.
In the event that any or all of any part of the real property taxes, irrigation taxes and/or other taxes or assessments that may be imposed by any public entity, including the city, on the common area shall remain unpaid and in default more than three months after the due date thereof, or in the event that the association shall fail to maintain the common area, the city as beneficiary of the covenants and agreements contained in this declaration on the part of the declarant and on the part of each owner all successors in interest, and as the agent of the association and in the name of association, may do any of the following:
1.
Do or perform any act the association may do or perform,
2.
In the event association fails to do so at the time specified at the time set forth in its bylaws and in this declaration, the city may, without otherwise complying with provisions of this declaration and said bylaws, fix the annual assessment against each lot,
3.
If the association fails promptly to demand that the then owner of a lot execute and record maintenance deed of trust effective for the intended purpose, then the city is authorized to make such a demand for and in behalf of the association, and should the owner fail to comply with such demand the city is authorized to execute and record such maintenance deed of trust as the agent of said owner and in his or her name. This declaration hereby constitutes the association and/or the city as the attorney-in-fact and agent of the owner for all such purposes,
4.
If city in its discretion determines the association is not diligently attempting to collect the amounts owing the association, city may, as the agent and in the name of the association take any such legal steps to collect such amounts, by actions of law or by foreclosure of the maintenance deed of trust, as the city may determine to be necessary in each individual case,
5.
If the city takes any steps not involving court proceedings to collect any sums which should be paid to the association as provided for in this declaration, city may fix the amount of reasonable attorney's fees in each case and the amount of attorney's fees so fixed shall be binding upon the declarant and owners;
L.
Costs of Enforcement. In the event that the city shall exercise any of the remedies afforded to it under the preceding subsection, any sums recovered from such suit or foreclosure sale of judicial foreclosure proceedings shall be applied first to cover the city's cost of suit or foreclosure, including but not limited to filing fees, title company charges, miscellaneous foreclosure charges, and reasonable attorney's fees. The balance of any sums so recovered shall then be applied against any amount which is then lawfully owing to the city or other public entities. All remaining sums shall belong to the association.
(Ord. 268 § 1 (A) (12), 1981)