A.

The City Council finds that multifamily developments are different in so many respects from other types and forms of development as to require a specialized set of regulations.

B.

The intent of this Chapter is to set forth standards, procedures and guidelines that will promote desirable living environments; allow for a diverse range of housing types to appeal to the widest range of residents possible; require high quality architecture, thoughtful site planning, and sufficient amenities; and ensure the preservation of privacy, convenience, health, safety and well-being of residents.

(Ord. No. 13-935, § 1, 7-7-14)

Except as specifically provided elsewhere in this title, any and every building, premises and/or land in the R-3 Zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained and moved into or within such R-3 Zone, exclusively and only in accordance with the provisions set forth in this chapter, and subject to the approval of a Precise Plan of Design submitted and reviewed in accordance with the provisions of Chapter 11.80 of this title.

A.

The following shall be permitted as primary uses:

1.

Apartments, condominiums, townhomes, and planned residential developments, subject to the provisions set forth in this chapter;

2.

Mobile home parks; subject to the provisions set forth in Chapter 11.62 of this title;

3.

Residential care facilities for six or fewer persons;

4.

Senior citizen housing.

B.

The following shall be permitted as accessory uses:

1.

Those uses permitted in Sections 11.18.030(D), (F), and (H) of this Title;

2.

Signs, subject to the provisions of Chapter 11.72 of this title;

3.

Parking lots;

4.

Home occupations, subject to the provisions of Chapter 11.58 of this title.

5.

Accessory dwelling units subject to Chapter 11.23 of this title; refer to Table 2.

(Ord. No. 13-935, § 1, 7-7-14; Ord. No. 21-996, § III, 10-4-21)

The following uses may be permitted subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 11.78 of this title:

A.

Those uses permitted in Section 11.18.030(A), (E), and (K) and Section 11.20.020(B) of this title;

B.

Convalescent centers, skilled nursing facilities and assisted living facilities.

(Ord. No. 13-935, § 1, 7-7-14)

The following property development standards shall apply to all land and buildings in the R-3 Zone; provided, however, where a lot has a width, depth, or area less than that required by the provisions of this title and was held under separate ownership or was of official City record prior to June 30, 1984, such lot may be occupied by any use permitted in the R-3 Zone.

A.

Lot Area. The net lot area shall be a minimum of one acre (43,560 square feet).

B.

Lot Dimensions.

1.

Width. The width of the lot shall be a minimum of 175 feet at the front lot line. However, if lots are located at the end of a cul-de-sac or another location that results in a wedge-shaped lot, the minimum width at the front building line shall be not less than 125 feet, provided the average width of the lot is not less than 175 feet.

2.

Depth. The depth of the lot shall be a minimum of 200 feet.

C.

Maximum Dwelling Unit Density. The maximum dwelling unit densities stated in this subsection are not automatically by-right; projects shall also be required to meet all applicable development standards contained in this title.

1.

The maximum dwelling unit density for courtyard, garden, rowhouse or stacked dwelling multifamily developments on parcels with a net area of less than five acres shall be 20 units per acre.

2.

The maximum dwelling unit density for courtyard, garden, rowhouse, or stacked dwelling multifamily developments on parcels with a net area between 5.00 and 9.99 acres shall be 25 units per acre.

3.

The maximum dwelling unit density for courtyard, garden, rowhouse or stacked dwelling multifamily developments on parcels with a net area of 10 acres or greater shall be 30 units per acre.

D.

Building Height. The maximum building height shall be 50 feet with a maximum of four floors, except that any portion of a building within 200 feet of the boundary of any R-1 Zone shall be limited to 38 feet and a maximum of three floors, and any portion of a building within 75 feet of the boundary of any R-1 Zone shall be limited to 28 feet and a maximum of two floors. "Building height" as defined herein means the vertical distance from the average contact ground level of the building to the highest point of the parapet wall of a flat roof or the mean height level between the eaves and ridges for a gable or hip roof.

E.

Building design.

1.

Structures having dwelling units attached side-by-side shall have an offset or articulation in the front building line of at least four feet for every two dwelling units within such structure. Similar architectural enhancement alternatives may be approved subject to a Precise Plan of Design approved by the Planning Commission.

2.

Structures having dwelling units attached side-by-side or stacked above one another shall provide at least one-third of the total number of units within such development as a flat or one-story unit.

F.

Lot Coverage. Buildings and structures shall not cover more of a lot than would be permitted when satisfying all yard, open space, parking and access requirements.

G.

Minimum Floor Area of Dwelling Units. Multifamily dwelling units shall contain the following minimum floor areas:

1.

For studio or one-bedroom units, 800 square feet.

2.

For two-bedroom units, 950 square feet.

3.

For three-bedroom units, 1,200 square feet.

4.

For four-bedroom units, 1,400 square feet.

Said floor areas shall be exclusive of patios, balconies, carports and garages.

H.

Minimum Room Sizes. The minimum size of rooms shall comply with the currently adopted California Building Code, except that all bedrooms shall have a minimum area of 110 square feet and a minimum dimension of nine feet.

I.

Yards and Setbacks. Developments in the R-3 Zone shall have and maintain the following minimum yards and setbacks (see Sections 11.38.050 and 11.38.060 of this title for additional requirements). Building setbacks shall be measured from the front property line.

1.

Front Yards.

a.

For buildings with three stories or less, a 25-foot minimum front-yard setback shall be required.

b.

For buildings with four stories, a 35-foot minimum front-yard setback shall be required.

c.

Notwithstanding the required front-yard setbacks indicated herein, covered or uncovered porches and balconies that are open on three sides may encroach up to seven feet into the required front-yard setback.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building, its relationship to the adjacent street(s) and/or to ensure compatibility with contiguous land uses.

e.

No portion of the required front-yard setback area shall be used for parking. Driveways of the minimum width necessary for vehicular access shall be permitted to traverse the front-yard setback area.

2.

Street Side Yards.

a.

For buildings with three stories or less, a 25-foot minimum street side-yard setback shall be required.

b.

For buildings with four stories, a 35-foot minimum street side-yard setback shall be required.

c.

Notwithstanding the required street side-yard setbacks indicated herein, covered or uncovered porches and balconies that are open on three sides may encroach up to seven feet into the required street side-yard setback.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building, its relationship to the adjacent street(s) and/or to ensure compatibility with contiguous land uses.

e.

No portion of the required street side-yard setback area shall be used for parking. Driveways of the minimum width necessary for vehicular access shall be permitted to traverse the street side-yard setback area.

3.

Interior Side Yards.

a.

For buildings with three stories or less, a 10-foot minimum interior side-yard setback shall be required.

b.

For buildings with four stories, a 15-foot minimum interior side-yard setback shall be required.

c.

Open patios on the first floor shall be permitted to encroach a maximum of five feet into any required interior side-yard setback. Open patios above the first floor shall not be permitted to encroach into any required interior side-yard setbacks.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building and/or to ensure compatibility with contiguous land uses.

e.

Interior side-yard setback areas may be used for parking subject to approval of a Precise Plan of Design and provided that required fire lane access is maintained at all times.

4.

Rear Yards.

a.

For buildings with three stories or less, a 10-foot minimum rear-yard setback shall be required.

b.

For buildings with four stories, a 15-foot minimum rear-yard setback shall be required.

c.

Notwithstanding the required rear-yard setbacks indicated herein, covered or uncovered porches and balconies that are open on three sides may encroach up to seven feet into any required rear-yard setback.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building and/or to ensure compatibility with contiguous land uses.

e.

Rear-yard setback areas may be used for parking subject to approval of a Precise Plan of Design and provided that required fire lane access is maintained at all times.

5.

See Chapter 11.23 for setbacks applicable to accessory dwelling units; refer to Table 2.

J.

Open Space. Each development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

1.

Common open/recreational space shall comprise not less than 35 percent of the net acreage. Public or private driveways, parking spaces or other areas designed for operational functions are not considered open space. Common open/recreational space improvements shall be provided as follows:

a.

Developments of 20 units or less shall provide at least two of the following amenities:

i.

Permanent barbecue facilities with at least two grills and two table/bench arrangements;

ii.

Playground and/or tot lot with permanently-installed play equipment;

iii.

Swimming pool or spa.

b.

Developments of 21 to 40 units shall provide at least two of the amenities listed in subsection (J)(1)(a) of this section plus at least one of the following amenities:

i.

Sports court (tennis, volleyball, basketball, etc.);

ii.

Community building with at least one full kitchen and a minimum of two rooms for meetings, games, activities, etc.

c.

Developments of 41 to 100 units shall provide at least one of each of the five amenities in subsections (J)(1)(a) and (b) of this section.

d.

Developments of greater than 100 units shall provide at least one of each of the five amenities in subsections (J)(1)(a) and (b) of this Section plus at least two of the following:

i.

A passive, open turf area (natural or synthetic), measuring at least 100 feet by 100 feet, for unstructured recreational activities;

ii.

A fitness parcourse of at least one-quarter mile in length and a minimum of six activity stations;

iii.

Other amenity(ies) to the satisfaction of the Director of Community Development.

e.

For projects of greater than 100 units, the Director of Community Development may require the developer to increase the size, number and/or capacity of one or more required amenities to adequately serve the number of residents in the development.

2.

Private porches, patios and balconies attached to individual dwelling units may be included in the required outdoor open space calculation provided the minimum dimension is at least 10 feet and the minimum area is 150 square feet.

3.

Swimming pools, spas, ponds, lakes, streams and other water features provided for the common use or enjoyment of all residents may be constructed as part of the required outdoor open space; however, such facilities shall not comprise more than 50 percent of the required outdoor open space.

4.

The outdoor open spaces created pursuant to the provisions of this Title shall remain open and available for such use for the life of the development.

K.

Private Open Space. Each dwelling unit shall have a minimum private open space of 100 square feet with a minimum dimension of seven feet. Such private open space shall be in the form of porches, patios and/or balconies.

L.

Landscaping. The design, installation and maintenance of all landscape and hardscape areas shall be subject to approval of a Precise Plan of Design and shall fully comply with Chapter 11.60 of this title.

M.

Walls and Fences. The general development standards for walls and fences as provided in Sections 11.38.050(M), (N), and (O) of this title shall apply; provided, however, that the Planning Commission may require additional walls and fences if necessary to protect adjacent properties.

N.

Vehicular Circulation.

1.

Streets. Primary and secondary streets shall be designed to meet the following standards:

a.

Traffic lanes no less than 10 feet in width and no more than 12 feet in width.

b.

Where on-street parallel parking is provided, the parking lane shall be eight feet in width. Where 90-degree or angled parking is provided as part of the street design, parking stall dimensions shall be nine feet in width by 20 feet in length. A maximum two-foot overhang may be allowed into landscape areas or walkways with a dimension of six feet or greater.

2.

Driveways Serving Only Garages. If a private driveway serves only garages, and the driveway is posted as a fire lane and/or to prohibit all other parking, the driveway may be constructed with a minimum width of 20 feet; provided, however, that if the driveway is double-loaded with garages on both sides, a minimum distance of 26 feet shall be provided as measured from building wall to building wall.

3.

Access and On-Site Circulation.

a.

Vehicular access to all developments shall be from a public street.

b.

The design of all on-site vehicular circulation, including roadway widths, turning radii and turnarounds shall be subject to approval by the Fire Department.

c.

There shall be a minimum vertical clearance of 14 feet along all driveways and vehicular paths that provide access for emergency response vehicles.

O.

Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the residential development for the purpose of providing direct access to all dwelling units, trash enclosures, parking areas, recreation areas and outdoor open space. The circulation system shall include the following:

1.

A public sidewalk shall be constructed adjacent to all public streets bordering the project site with a minimum width of five feet in accordance with City standards.

2.

An on-site walkway system of pedestrian walks and paths that fully complies with all disabled-accessibility standards with respect to surface material, width, grades, ramps, curbs, railings and signage.

P.

Parking Requirements.

1.

Resident Parking. Each dwelling unit shall be provided with resident parking as indicated below. A minimum of one required parking space for each unit shall be within a carport or enclosed garage. Every effort shall be made to locate the required parking space(s) for each unit within 200 feet of the unit to which they are assigned.

a.

Studio—One parking space.

b.

One to two bedrooms—Two parking spaces.

c.

Three or more bedrooms—Three parking spaces.

2.

Guest Parking. On-site parking for guests shall be provided at a ratio of one parking space for every three units or fraction thereof, regardless of unit size. Guest parking shall be reasonably distributed throughout the development site.

3.

Parking Space Dimensions.

a.

Enclosed Garages. The minimum, clear inside dimensions of each parking space within an enclosed garage shall be 10 feet in width and 20 feet in length. Said clear inside dimensions shall not be encroached upon by water heaters, HVAC equipment, areas designated for a clothes washer and dryer, or stairs leading to habitable living space.

b.

Carports. The minimum, clear dimensions of each parking space within a carport shall be nine feet in width by 20 feet in length; provided, however, that a two-foot overhang may be allowed into landscape areas or walkways with a dimension of six feet or greater. Where a structural support post occurs for a carport, an additional two feet in width shall be added to each parking space on either side of the structural member.

c.

Uncovered Parking. The minimum dimensions of each uncovered parking space shall be nine feet by 20 feet in length; provided, however, that a two-foot overhang may be allowed into landscape areas or walkways with a dimension of six feet or greater.

4.

Automatic garage door openers shall be shall be required for each enclosed garage.

5.

Parking Lot Striping. Striping for uncovered parking spaces or those within carports shall be double-stripe or "hairpin" style, with the nine-foot dimension being measured to the center of the "hairpin."

6.

Tandem Parking. Tandem parking shall only be permitted within enclosed garages and only when both spaces serve the same unit.

7.

On-street parking on public streets shall not be used to satisfy any of the parking requirements contained herein.

Q.

Signs. The general development standards for signs as set forth in Chapter 11.72 of this title shall apply, in addition to the following:

1.

Permitted Signs.

a.

Wall Signs. One illuminated or nonilluminated wall sign with the name of the development shall be permitted on each street frontage. Individual or script copy in durable materials is strongly encouraged. Externally illuminated signs shall be via wall-mounted fixtures that are complementary to the architecture of the development and do not create any nuisance light spill or glare to any of the residential units or the public right-of-way. Internally illuminated signs shall be limited to halo illumination only.

b.

Address Signs. One illuminated or nonilluminated wall sign with the numerical address or numerical address and street name of the development shall be permitted on each building on each street frontage. Where a building also fronts on an internal private driveway or parking lot, additional numerical address(es) may be permitted to be displayed for safety and security purposes. Individual or script copy in durable materials is strongly encouraged. Externally illuminated signs shall be via wall-mounted fixtures that are complementary to the architecture of the development and do not create any nuisance light spill or glare to any of the residential units or the public right-of-way. Internally illuminated signs shall be limited to halo illumination only. Address and address/street name signs shall be a minimum of eight inches in height and a maximum of 10 inches in height. Where more than one address sign is attached to multiple frontages of a single building as described above, the design, size and color of each sign shall be identical.

c.

Freestanding Monument Signs. One illuminated or nonilluminated freestanding monument sign shall be allowed for developments with a minimum of 150 feet of continuous frontage on the same street.

i.

Height. Monument signs shall be limited to a maximum height of five feet as measured from the grade of the adjacent public sidewalk.

ii.

Sign Area. The sign face of monument signs shall be limited to a maximum of 40 square feet in size, not including the optional, detachable sign rider described in subsection (c)(2) below.

1.

Design and Illumination. Monument signs shall be of a high-quality architectural design and be constructed of durable materials. If illumination is desired, it shall be via at-grade, flush-mounted fixtures to minimize nuisance glare to the adjacent public right-of-way. As an alternative, above-grade fixtures may be used if it can be demonstrated that the light source will not be directly visible to the public right-of-way or neighboring properties.

2.

Sign Copy. The purpose of monument signs is to identify the development by its name and address. No additional sign copy, such as phone numbers, website addresses or other forms of advertising, shall be permitted. A detachable rider to the sign containing sign copy, such as "Now Leasing," "Now Renting," "Vacancy," "No Vacancy," or the like, shall be permitted so long as its design is complementary to the main sign. Such sign riders shall be no greater than eight square feet in size.

3.

Location. Monument signs shall be located within a fully landscaped area and set back a minimum of five feet from the back edge of the adjacent public sidewalk. In order to eliminate sight-distance obstructions, monument signs shall be located no less than 30 feet away from any vehicular driveway on the same side of the street, whether the driveway serves the subject development or an adjacent property.

d.

Unit Signs. One illuminated or nonilluminated sign identifying the unit number, letter or designation, not to exceed one square foot in size, shall be required and maintained for each dwelling unit.

e.

Directional Signs. One or more pedestrian and/or vehicular-oriented directional signs no larger than six square feet in size and four feet in height may be permitted within residential developments of two acres or greater, subject to administrative review and approval by the Director of Community Development.

2.

Prohibited Signs. All signs not expressly permitted herein shall be prohibited, including those signs identified in Section 11.72.120 of this title.

R.

Operational Standards. In order to provide adequate management, maintenance and oversight for multifamily developments, the following operational standards shall be required for projects constructed after July 1, 2014:

1.

For developments of 30 units or less, an on-site manager having the authority to perform or contract for emergency and nonemergency maintenance and repairs shall reside full-time in one of the dwelling units on the subject property.

2.

For developments of greater than 30 units, the following requirements shall apply:

a.

A permanent rental/leasing/property management office shall be established and maintained on-site and staffed daily during regular business hours.

b.

The property owner shall be required to contract with a professional property management company that is on-call 24 hours a day and shall be responsible for all landscape, common area and building maintenance.

(Ord. No. 13-935, § 1, 7-7-14; Ord. No. 21-996, § III, 10-4-21)

A.

Trash Collection Areas. Each trash collection area shall be located within 200 feet of the farthest unit it is intended to serve. Such collection areas shall be designed and situated so as to minimize noise and visual intrusion on the subject property, adjacent properties, as well as to not create a fire hazard to nearby structures. Said trash collection areas shall be provided with a minimum illumination level of 500 lumens and designed to City standards to comply with stormwater runoff regulations.

B.

Mail Collection Areas. Mail delivery service shall be provided within centrally located areas with easy accessibility from an internal driveway or parking area. Mail collection areas shall be located within a fully enclosed building, covered breezeway, or other similar area that is adequately protected from inclement weather, and shall be provided with a minimum illumination level of 500 lumens.

C.

Utility Service and Television Service. All utility services to multifamily residential developments, including, but not limited to electrical, telephone, cable and satellite television, and broadband service shall be installed underground and within building walls. Should exterior antennas and/or satellite dishes be allowed, the project shall be designed to provide areas on each building for such equipment that are not visible to public rights-of-way or neighboring properties.

D.

Laundry areas. Laundry areas with plumbing connections meeting minimum building code standards shall be provided for within each residential unit or within a direct-access, enclosed garage. If located within a garage, the necessary space for a washer and dryer shall not encroach into the required clear garage parking space dimensions specified in this chapter.

E.

Lighting. Multifamily residential developments shall comply with the following standards and requirements regarding illumination:

1.

Site Lighting. A professionally-prepared photometric analysis demonstrating that all parking areas, driveways, private streets, walkways, and other outdoor public spaces shall be illuminated to an adequate level for security and safety during all hours of darkness shall be required to be submitted for review and approval by the Community Development Department.

2.

Garages. Fully enclosed garages shall be wired to include a fixture or fixtures that has/have the capacity to support light sources providing a minimum of illumination level of 1,500 lumens. Said illumination shall be in addition to any lighting that may be provided by the required automatic garage door opener.

F.

Vehicular Storage. Outdoor areas for the storage of vehicles, trailers, watercraft, recreational vehicles and the like shall be prohibited unless specially designated areas for the exclusive storage of such vehicles are approved by the City as part of the final development plan and provided for in the homeowners association's Covenants, Conditions and Restrictions (CC&Rs). If such areas are provided, they shall be enclosed and screened from view from neighboring properties and public rights-of-way by a decorative masonry wall, minimum seven feet six inches in height, compatible and integrated with the architectural design of the development. Such storage areas shall be landscaped and illuminated to minimum levels during all hours of darkness. A vehicle wash area and/or RV wastewater disposal station may be provided within an approved vehicular storage area, subject to review and approval by the Director of Community Development and Director of Public Works.

(Ord. No. 13-935, § 1, 7-7-14)

The following development standards shall be applicable to multifamily developments in addition to those required elsewhere in this chapter:

A.

Grading: Notification of Completion and Written Certification Required. The permittee or his/her agent shall notify the 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, stormwater retention facilities 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 the work completed is in accordance with the final approved grading plan.

B.

Landscaping: Notification of Completion and Written Certification Required. The permittee or his/her agent shall notify the Director of Community Development when the final landscaping installation is ready for inspection. Final approval shall not be given until all work, including installation of plant material and an automatic irrigation system, has been completed in accordance with the approved landscape plan, and the permittee has submitted written certification by a licensed professional that the work has been completed in accordance with the final approved landscape plan and all requirements of Chapter 11.60 of this title.

C.

Energy Conservation. The project shall be designed to meet or exceed all state and local energy conservation standards in effect at the time of construction.

D.

Fire Detection System. Smoke and carbon monoxide detectors shall be installed in all habitable spaces as required by state and local ordinances at the time of construction.

E.

Fire Suppression System. An automatic fire sprinkler system shall be installed in all dwelling units, and in all covered or enclosed nonhabitable spaces, such as garages, carports and trash enclosures as required by local ordinance at the time of construction.

F.

Sound Attenuation. Multifamily residential developments shall be designed to comply with state noise attenuation standards and local building requirements in effect at the time of construction.

G.

Solar Energy Systems. The goals and objectives of the General Plan encourage and promote an enhanced residential park-like environment through the implementation of aesthetically pleasing development and design standards of this title. However, it is recognized that there is a need to encourage and promote awareness in the community of alternative means of conserving energy resources. It is further recognized that the use of solar energy can be a cost-effective means of water heating and space heating and cooling, but that the use of such systems may be inconsistent with the goals and objectives of the community and the aesthetic character of the City's residential neighborhoods.

The Planning Commission, in granting approval of a solar energy system, may impose conditions that are necessary and desirable to carry out the purposes of this Chapter and that are consistent with the policies, principles, regulation, criteria and standards applied to other properties, uses and developments in similar circumstances. Further, in considering a solar energy system, the Planning Commission shall impose conditions in order to provide a balance between the goals and objectives of the community and the General Plan, and the recognize desire to allow solar energy systems as an alternative energy source.

(Ord. No. 13-935, § 1, 7-7-14)

A.

A development shall be approved subject to submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of all building exteriors, open spaces, recreational areas, and other communal facilities. No such instrument shall be acceptable until approved by the Director of Community Development as to suitability for the proposed use and the City Attorney as to legal form and effect.

B.

If the development's common areas are to be conveyed to a homeowners association, the developer shall file a declaration of Covenants, Conditions and Restrictions (CC&Rs) to be submitted with the application for approval that will govern the association. The provisions shall include, but not be limited to, the following:

1.

The homeowners association shall be established no later than prior to the sale of the final dwelling unit.

2.

Membership shall be mandatory for each buyer and all successive buyers.

3.

The open space restrictions shall be permanent.

4.

Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs.

5.

If the development is constructed in increments or phases that require one or more final maps, reciprocal CC&Rs and reciprocal management and maintenance agreements shall be established causing a merging of the phases as they are completed to embody a single homeowners association with common areas for the total development.

(Ord. No. 13-935, § 1, 7-7-14)

In order to ensure proper maintenance of all streets, parking areas, landscaping and other improvements within the common areas of a multifamily residential development, the following provisions shall be contained in the Covenants, Conditions and Restrictions (CC&Rs). No such CC&Rs shall be acceptable until approved by the Director of Community Development as to the adequacy and suitability for the proposed use and maintenance of all common areas, and by the City Attorney as to legal form and effect. These provisions shall include, but not be limited to, the following:

A.

The final CC&Rs, upon approval by the City, shall be recorded with the final map.

B.

The City shall be made a party to the CC&Rs and further provide that the City shall approve any changes or amendments to the CC&Rs.

C.

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, parking areas, landscaping and other improvements within the common areas of the development.

D.

The City shall be granted the express power to enforce all laws and ordinances of the State of California and/or the City of Montclair on the private streets, alleys and parking areas within 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.

E.

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, in care of the 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 45 days prior to the effective date of any such proposed amendment.

F.

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 landscaping 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, alleys, driveways 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 that provisions of the Vehicle Code of the State of California may be applied to them in their entirety. Whenever by this provision, or any other law of the City, parking is restricted or prohibited and signs are erected giving notice thereof, duly authorized representatives of the City of Montclair 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 costs. In tow-away zones, the Public Works Department shall cause to be posted appropriate signs giving notice thereof.

G.

Reimbursement of City Expenditures by the Association. All costs and expenses incurred by the City arising out of its maintenance and repair of the common areas, as provided in subsection (F)(1) and (F)(2) of this section, shall be charged as an expense of the homeowners association and shall be paid within 30 days of receipt of an invoice for same.

H.

Assessments and Lien Rights of the City. If City maintenance costs are not paid within 30 days from the date due, said unpaid costs and expenses shall become a special assessment against the property, and upon hearing and confirmation by the City Council, shall be collected in the same manner as real property taxes and shall be subject to the same penalties, procedures and sale in case of delinquency as is provided for real property taxes.

(Ord. No. 13-935, § 1, 7-7-14)