This chapter is enacted to establish requirements and procedures for the evaluation of commercial and industrial common interest development projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, parking, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects and avoid conditions of neglect and blight. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city.

(Ord. 27639.)

The provisions of this chapter apply to all commercial and industrial common interest development projects requiring a parcel map or tentative and final subdivision map pursuant to the Subdivision Map Act, Government Code Sections 66410 et seq., and Title 19 of this Code.

(Ord. 27639.)

The definitions set forth in this section shall govern the application and interpretation of this chapter:

A.

"Common interest development" has the meaning given to that term in Civil Code Section 1351(c).

B.

"Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests.

(Ord. 27639.)

No parcel map or tentative and final map for a commercial or industrial common interest development shall be approved unless a special use permit has been issued by the city in accordance with the procedures and provisions of this chapter and the procedures and provisions of Part 7 of Chapter 20.100 of Title 20 of this Code (commencing with Section 20.100.800).

(Ord. 27639.)

A.

For parcels within the New Edenvale Area, as defined in the Nineteenth Amended Edenvale Redevelopment Plan adopted on June 15, 1999 and referred to therein as the "Expansion Area," the minimum unit size for nonresidential condominium units shall be ten thousand square feet.

B.

For parcels within the MS-G main street ground floor commercial district and the MS-C main street commercial district, the minimum unit size for nonresidential condominiums shall be four thousand square feet.

C.

For all other parcels in the city, the minimum unit size for nonresidential condominium units shall be seven hundred fifty square feet.

(Ords. 27701, 28858.)

For nonresidential condominium projects located in the New Edenvale Redevelopment Project area, as such area is defined within that certain Edenvale Industrial Redevelopment Area Plan, the minimum building size eligible for the creation of such nonresidential condominium units shall be twenty thousand (20,000) square feet.

(Ord. 27701.)

For parcels either wholly or partially within the North San José Core Area, as such area is defined within the city's general plan, or wholly or partially within two hundred (200) feet of the North San José Core Area, the minimum floor area ratio for any non-residential condominium project shall be three (3.0).

(Ord. 27701.)

In addition to the findings required by Section 20.100.820, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made:

A.

The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole;

B.

The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development; and

C.

The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein.

(Ord. 27639.)

No special use permit for a commercial or industrial common interest development shall be issued unless all of the following conditions have been met and the applicant has agreed in writing to comply with all of these conditions:

A.

The applicant, at its sole cost, shall prepare, submit for prior review and approval by the city, and record concurrently with the applicable parcel or final map, governing documents for the common interest development that include sufficient provisions for governance, funding and capitalization, and enforcement mechanisms, including enforcement by the city, to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development and that such common area shall be retained for the use of all owners within the development. Prior to approval of the parcel or final map by the city, the applicant shall submit the proposed governing documents to the city for review for compliance with the requirements of this chapter.

B.

The applicant shall, at its sole cost, prepare grant deeds for all mutual or reciprocal easement rights, which shall be reviewed by the city for compliance with the terms of this chapter and the requirements of Title 19 of this Code, and shall upon city approval be recorded concurrently with the approved parcel or final map.

C.

Any other condition imposed by the director, the planning commission or city council to accomplish the purposes of this chapter or for the preservation of public health, safety or welfare.

(Ord. 27639.)