9.04.16.01.030 Minimum requirements.

Except as otherwise provided by law, in approving or conditionally approving any condominium projects, the Planning Commission, or City Council on appeal, shall require the following:
(a) Residential Parking. Off-street parking shall be provided pursuant to standards for new construction in Part 9.04.10.08. Required off-street parking spaces shall be covered and located within the same structure as the dwelling units for which they are required and shall be included in the ownership of each condominium unit. No off-street parking space required by this Section shall be sold, leased, or otherwise transferred to the control of any person or organization not an owner of one or more units within the project except that spaces may be rented to other owners within the project.
(b) Non-Residential Parking. Off-street parking shall be provided in an amount not less than required for the use or uses in the project pursuant to standards for new construction in Part 9.04.10.08.
(c) Yard and Height Requirements. All new condominium projects shall comply with property development standards for the district in which the condominium project is to be located except that nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission, or City Council on appeal or review, when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.
(d) Covenants, Conditions, and Restrictions (CC & Rs). The Covenants, Conditions, and Restrictions (CC & Rs) for the new or converting condominium project shall include an agreement by the subdivider that the following shall be guaranteed by the subdivider:
(1) Common area items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold.
(2) Items provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit.
(3) Adequate provisions for maintenance, repair, and upkeep of common areas.
(4) Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction.
(5) Provisions for dedication of land or establishment of easements for street widening or other public purpose.
(e) The CC & Rs shall provide that the non-subdivider owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 510f the units. The CC & Rs shall be subject to Planning Commission review or City Council review upon appeal. The subdivider shall agree not to change the CC & Rs submitted to obtain City approval of a new or converting condominium project without the consent of the Planning Commission, or City Council on appeal or review. The CC & Rs shall provide that subsequent owners agree to make no changes in the CC & Rs imposing restrictions on the age, race, national origin, handicap, sex, marital status or other similar restrictions of occupants, residents, or owners.
(f) Estimated Costs of Maintenance. The subdivider shall submit an estimate of, and guarantee for, the maintenance costs for a period of 12 months beginning at the close of escrow on the first unit sold. The subdivider to be responsible for all costs of normal maintenance in excess of the estimate. (Prior code § 9060.3)

Part 9.04.16.02 Condominium Conversions