HomeMy WebLinkAboutOrd. No. 1982-629ORDINANCE N0. 629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 17.38,
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS TO THE
`L`AK'E'E1:S~NORE MUIflCI.PAL~ CODE ~REGIfI_ATl'NG Tl#!1'
OONV`fi1zS IONS
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THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
SECTION ONE.
There is hereby added to the Lake Elsinore Municipal code
Chapter 17.38, Condominiums and Condominium Conversions, and the following
sections:
SECTION 17.38.010 - PURPOSES
Residential condominiums differ from other residential
development in a variety of ways, particularly the relationship between
individually owner units and jointly held and maintained common areas.
Condominium developments are a mix of individual and common ownership
which differs from conventional and familiar patterns of housing in the
City of Lake Elsinore. The purpose of this ordinance is to address the
special attributes of condominiums and to adopt development standards
which will protect both the community and the purchasers of condominiums.
SECTION 17.38.020 - PERMITS REQUIRED
Condominium projects are permitted in appropriately zoned
districts within the city, subject to the issuance of a conditional use
permit pursuant to the provisions of this ordinance and the approval of a
tentative tract map as required by law. This requirement is in addition to
other permits or certificates required by law.
SECTION 17.38.030 - RELATIONSHIP TO OTHER LAWS
Idhenever regulations or restrictions imposed by this ordinance
are either more or less restrictive than regulations or restrictions imposed
by any other law, the regulations, rules or restrictions which impose higher
standards or requirements shall apply.
SECTION 17.3$.040 - GENERAL STANDARDS FOR NEW CONDOMINIUMS
A. In addition to standards applicable to regular subdivsions,
no new condominium project shall be approved unless the
following items have been submitted with the tenative map and
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approved by the City
1. A development plan of the project including location
and size of structures, parking layout, addess areas,
and exterior elevations;
2. A preliminary landscaping plan of the project indica-
ting type and sizes of landscaping materials and
permanent irrigation facilities;
3• A preliminary lighting plan of the project indicating
location and nature of lighting and lighting fixtures
in common areas.
4. The proposed condominium documents, including those por-
tions 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; and
5. Other information which the planning director determines
is necessary to evaluate the proposed project.
B. Projects shall comply with all applicable standard plans and
specifications and adopted city and state codes, as well as
the following provisions:
1. Outside uncovered and unenclosed storage of boats,
trailers, recreational vehicles, and other similar
vehicles shall be prohibited unless specifically desig-
nated areas for the exclusive storage of such vehicles
are set aside on the final development plan and provided
for in the associations covenants, conditions, and re-
strictions. Where such areas are provided, they shall
be enclosed and screened from view on a horizontal plane
from adjacent areas by a combination of six (6) foot high
opague fences and permanently maintained landscaping.
2. No exterior television antenna shall be permitted, but
a common underground cable service to all dwelling units
1 3. The developer shall install an on-site lighting system
2 in all parking areas, vehicular access ways and along
3 major walkways. Such lighting shall be directed onto
¢ driveways and wa.l:kways within the project and away from
5 dwelling, units and adjacent properties.
6 SECTION 17.3$•050 - DEVELOPMENT STANDARDS FOR NEW CONDOMINIUMS
7 A. The maximum density of a project approved pursuant to this
g article shall not exceed the maximum established for the
9 residential district where said project is proposed.
1Q B. Structures comprising dwelling units shall be separated to
11 provide adequate light, air, and privacy, but in no case shall
12 be less than ten (10) feet between said structures.
13 C. The location and orientation of all buildings shall be designed
14 and arranged to preserve natural features by minimizing the dis-
15 turbance to the natural environment. Natural features such as
16 trees., groves, waterways, scenic points; his8ori~c spoils or~lahd-
17 marks, bluffs or slopes shall be delineated on the site plan
1$ and considered when planning the location and orientation of
lg buildings, open spaces, underground services, walks, paved areas
2p playgrounds, parking areas, and finished grade elevations.
21 D. All structures proposed to be constructed within a project
22 shall conform to the following requirements:
23 1. Structures having units attached side by side shall
Q¢ avoid the long row effect by being composed of not
25 more than six (6) dwelling units. Alternative designs
Q6 which accomplish the same purpose may be approved by
27 the City Council.
2$ 2. Structures having dwelling units attached side by side
29 shall avpid the long row effect with a break in the
~~ facade by having an offset in the front building line
31 pf at least four (~) feet for every two (2) dwelling
32 units within such structure. Alternate designs which
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accomplish the same purpose may be approved by the
City Council.
3. Consideration shall be given to the effect of proposed
development on the light, air, and privacy of adjacent
properties.
E. Minimum open space for condominium projects shall be forty
(40) percent of the net area being developed. The net area
shall mean the developable site excluding public rights-of-way.
1. Common open space areas shall be designed and located
' within the development to afford the maximum use by all
residents of the project. Enclosed buildings used for
recreation or leisure facilities should not be used to
satisfy more than fifteen (15) percent of required open
spaces.
2. Private open space. An adjoining private patio, deck,
balcony, atrium, or solarium can be provided for each
unit, as long as no dimension is less than seven (7)
feet.
F. The required parking for condominium projects shall be
provided as follows:
1. Each unit shall be provided with one (1) covered park-
ing space which will be an enclosed garage. All cov-
ered spaces shall maintain a minimum inside dimension
of xen'(10) •.feet in width and twentW'(20) feet ~it.~.l,ervtgth.
Alternative parking designs may be approved if the City
CounciP fi'nds'~thatliChd.desgn-oanthi!bute5 tolibhe~iovehdll
design ;excellence 'of bhe project and fuhther5 the city's
housing objectives as defined in the General Plan.
2. Each unit shall be provided with one (1) open parking
space. The open parking spaces required by this sec-
tion shall be distributed throughout a project at con-
venient locations and shall be screened from view from
any public right-of-way.
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G. The purpose of this section is to insure a more pleasant
living environment through the use of plans and decorative
design elements.
1. All set-back areas fronting on or visible from an
adjacent public street and all common open space areas
shall be landscaped and permanently maintained in an
attractive manner.
2. Permanent and automatic irrigation facilities shall be
provided in all offsite and onsite planted landscaped
areas.
3• All landscaped planters shall be separated from parking
areas and vehicular access ways by a six (6) inch Portland
cement concrete curb.
4. Final landscape plans implementing the concept of the
preliminary landscaping plans required by Section
17.38.040 shall be prepared and submitted to and approved
by the Planning Director prior to the recordation of
the final map.
SECTION 17.38.060 - DOCUMENTS REQUIRED
A. The documents required by Section 17.38.040 setting forth
a plan or manner of permanent maintenance of open spaces,
recreational areas, shall not be acceptable until approved
by the city attorney as to legal form and effect, and by the
Planning Department as to suitability of content.
B. If the common open spaces are to be conveyed to the home-
owner's association, the developer shall file a declaration
of covenants to be submitted with the application for approval,
that will govern the association. The provisions shall in-
clude, but not be limited to, the following;
1. The homeowner's association shall be established prior
to the sale of the last dwelling units.
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2. Memebership shall be mandatory for each buyer and
any successive buyer.
3. Provisions to restrict parking upon other: than approved
and developed parking spaces shall be written into the
covenants, conditions, and restrictions for each project.
4. If the development is constructed in .phases which require
one or more final maps, reciprocal covenants, conditions,
and restrictions and reciprocal maintenance agreements
shall be established which will cause a merging;of'de-
velopment phases as they are completed, and embody one
homeowner's association with common areas for the total
development.
5. Same shall contain the language or provisions substan-
tially as follows: City of Lake Elsinore shall be con-
sidered a party to the covenants, conditions, and re-
strictions of this declaration as they shall apply to
the maintenance of the "common areas" as herein defined.
"in the event the association or other legally respon-
Bible person(s) fail to maintain said common area in
such manner as to cause same to eonst'itute=a,p'u61i.c
nuisance, said city may, upon proper notice and hearing,
institute summary abatement procedures and impose a lien
for the costs of such abatement upon said common area,
individual units or whole thereof as provided by law."
SECTION 17.38.070 - APPLICATIONS OF SECTION FOR
CONDOMINIUM CONVERSIONS
The provisions set forth in Sections 17.38.080 thru
17.38.140 shall apply to alt conversions of apartments or other similar
existing developments to residential condominiums proposed on a real
property within the appropriately zoned districts in the city. These
provisions are in addition to those set form in Sections 17.38.010 thru
17.38.060.
1 SECTION 17.38.080 - FEES
2 There shall be an inspection fee based upon the number of
3 existing units in said project. Said fee shall amount to ten dollars
4 ($10.00) per unit or as otherwise set by resolution of the city council.
5 SECTION 17.38.090 - CERTIFICATE OF OCCUPANCY REQUIRED
6 In addition to the conditional use permit required by
7 this chapter, any project proposed under this article shall require. the
8 issuance of a certificate of occupancy by the director of building and
9 safety. Same may be applied for concurrently with said permit, but no
10 certificate shall be issued until the conditional use permit is approved.
11 SECTION 17.38.1.00 = DOCUMENTS REQUIRED
12 The following requirements for condominium conversions
13 are in addition to those set forth in Section 17.38•D6o.
14 A, App}icant shalt provide written proof that he has compiled
15 with the requirements of applicable California statutes
16 regarding the right of existing tenants of said project.
17 g• Applicant shall submit a detailed "property report" des-
18 cribing the date(s) of original construction, present use-
19 ful life of the roof, foundations, mechanical, electrical,
20 plumbing and existing buildings or structures in said pro-
21 ject. Such report shall be prepared and certified to by
22 a registe-red civil or structural engineer of licensed
23 architect.
24 C. The applicant shall submit a structural pest report prepared
25 and certified by a licensed structural pest control operator
26 (see California Business and Professions Code Section 8516).
27 D. To the extent applicable, the aforesaid report requirements
28 may be satisfied by submission of copies of similar reports
29 filed with state agencies.
30 SECTION 17.38.120 - APPLICATION PROCEDURES
31 The following are requirements in addition to those set
32 forth in previous sections:
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A. Upon receipt of the application and all documents as
required, the Planning Director shall submit copies
of applicable reports or documents to the county fire
department, building and safety department and other
departments as found necessary.
R. The director of building and safety shall cause an
inspection to be made of all buildings and structures in
the existing development: An inspection report shall
be prepared at or under his direction identifying all
items found to 6e in violation of current code re-
quirements for such buildings or structures, or found
to be hazardous.
C. The fire inspector shall cause an inspection to be made
of said project to determine the sufficiency of fire
protection systems serving said project and report on
deficiencies.
D. The Planning Director may submit copies of such docu-
men a to other departments for their review and require-
ments, as set forth elsewhere in this Code.
E. The director of building and safety or his designee
shalt review the property report submitted by .applicant
and may require its revision and resubmission if found
inadequate in providing the required information.
F. The Planning Department shall keep and maintain the
copies of all such reports required herein, as public
records, for no less than five (5) years, and shall send
copies thereof to the California Real Estate Commissioner
as may be required by law.
G. A final inspection report shall be made by the building
official, upon request of the applicant, indicating the
compliance will all requirements imposed herein.
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SECTION 17.38.130 - GENERAL REQUIREMENTS FOR CONDITIONAL
USE PERMIT
A. The City Council shall utilize the development standards
and requirements of Sections 17.38.040 thru 17.38.060
of this chapter as criteria in the issuance of a condi-
tional use permit as herein provided.
SECTION 17.38.140 - ISSUANCE OF A CERTIFICATE OF OCCUPANCY
A. The director df building and=aafetyshal}.aissue;ta the`;appli-
cant a Certificate of Occupancy if the violations and de-
ficiencies found to exist have been corrected on said pro-
ject. No such certificate shall be issued;unless::a<.:cond+-
tional use permit has been approved and all requirements of
this chapter have been satisfied.
B. The decision of the director of building and safety may be
appealed in the following manner: Within 15 days following
the decision of the director of building and safety, the
applicant shall file with the City Clerk a letter stating
the reasons why he believes the action to be improper. The
City Clerk shall cause the appeal to be set for hearing at
a regular meeting of the council, not less than 13 nor
more than 30 days after receiving the appeal and shall mail
or deliver written notice of the hearing to the director
of building and safety and to the applicant at least 10
days before the hearing. At the conclusion of the hearing
of any continuance thereof, the council shall finally decide
the matter.
SECTION TWO
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 12th
day of January ,1982, upon the following roll
call vote:
AYES: Councilman Torn, Unsworth, Baldwin, MacMurray and
Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
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PASSED, APPROVED AND ADOPTED UPON SECOND READING this
day of 1981, upon the
following roll call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray
and. Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
/s/ Jerry N. Stewart
Jerry H. Stewart, Mayor
ATTEST:
/s/ Manuel A. Rede
MANUEL A. REDE, City Clerk