HomeMy Public PortalAbout74-306 ORDINANCE NO. 74-306
AN ORDINANCE OF THE CITY OF CARSON RELATING
TO RESIDENTIAL CONDOMINIUMS AND AMENDING
THE CARSON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. The Carson Municipal Code is hereby amended by adding
thereto a new C app ter 3 of Article IX, to read as follows:
Chapter 3. STANDARDS AND CRITERIA FOR RESIDENTIAL
CONDOMINIUMS
9300. Definitions.
a . "City" shall mean the City of Carson.
b. "Condominium Plan" shall mean a plan consisting of a description or
survey map of the surface of the land in the Project, a diagram showing the dimensions and
locations of the units and a certificate acknowledging the intent to create a condominium
project and consenting to the recordation of such a plan pursuant to local ordinance and
Title 6, Part 4,Division If (§1350 et. seq.) of the California Civil Code by the record
owner of the property and all record holders of security interests therein.
C. "Project Elements" shall mean the condominium units which are to be
conveyed, the areas and spaces which are to be assigned to such units and the Common Areas
which are to be shared by the owners of all units. Such elements constitute the totality of
the condominium project and are enumerated in a formal declaration or statement within the
condominium documents that includes the incidents of the condominium grant. Such !
enemerative description may contain irrevocable limitations on the use of the Project
Elements which are not appropriate for the Declaration of Covenants, Conditions and
Restrictions.
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d. "Residential Condominium" shall mean 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 a complex devoted to residential purposes
located on such real property. A residential condominium may include, in addition, a
separate interest in other portions of such real property. Such estate may, with respect to
the duration of its enjoyment, be either (i) an estate of inheritance or perpetual estate,
(ii) anestate for life, or (iii) an estate for years, such as a leasehold or a subleasehold.
A residential condominium is a unique land use which has many similarities to the ownership
of a single-family dwelling, except that it is usually marked by higher urban densities,
contiguity of living units, and the aforementioned common interest in the parcel of real
property on which it is situated.
e. "Residential Condominium Common Area" or "Common Area" shall mean
the entire project excepting all units granted or reserved.
f. "Residential Condominium Documents" or "Condominium Documents"
shall mean the Declaration of Covenants, Conditions and Restrictions((hhe Declaration"),
the description of Project Elements, the Condominium Plan establishing a plan for residential
condominium ownership and the Artitcl.es of Incorporation and By-Laws of the association of the
owners.
g. "Residential Condominium Owner" or "Owners shall mean the owner of a
residential condominium.
h. "Residential Condominium Project" or "Project" shall mean the entire
parcel of real property divided or to be divided into condominiums including all structures
located or to be located on such real property.
Ord. No. 74-306/Page 2 of 10
L "Residential Condominium Unit" or "Unit" mean the elements of a
residential condominium which are not owned in common with the owners of other condo-
miniums in the project.
j. "Condominium" whenever used in this Chapter shall refer to a residential
condominium as definted in §9300(d).
9301. Intent and Purpose of this Chapter.
Residential condominium projects may require that numbers of householders,
with vested ownership in their respectivd dwelling units, live in close proximity to one
another. Condominium projects also require that such owners be bound together in an
Association which is responsible for the maintenance, management and possible reconstruction
of improvements within the common area of the Project. This mix of individual and common
ownership is different from conventional and familiar patterns of housing in the City. The
unique status of residential condominium projects tends to magnify the effect; associated
with higher urban densities to the point where they may lead to conditions of mismangement,
neglect and blight that impact upon the public health, safety, welfare and economic pros-
perity of the larger community. To ensure that such problems are avoided in both the short
and long term, it is the express intent of the City to treat residential condominiums differently
from apartments and other like structures. Pursuant to such intent and in order to provide
guidance in the consideration of proposed condominium projects, the purposes of this chapter
are as follows:
a . To ensure that the significance of the fragmented pattern of condominium
ownership with respect to long-range planning, unforeseen change, and maintenance of the
city's housing stock is not superficially discounted in favor of short-term and expedient
financial considerations; 2
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b. To establish reasonable procedures for the dissolution of the condominium
and demolition of the structures at the end of their economic, functional or physical life
and thus obviate conditions of residential obsoleteness and blight and their pernicious
effects upon both immediate occupants and the larger community;
c. To ensure that the potentially deleterious effects resulting from a lack
of continuous and centralized management do not impact upon the public health, safety and
welfare and , at the same time, ensure that there is democratic and dffective management of
the project that does not allow, over time, a majority of the unit owners to effectively
contravene the initial commitments made to the project at the time of its inception and
thus undercut the good faith of any minority of unit owners;
d. To ensure that the project developer provides adequate private outdoor
living space, storage space and parking space to meet the expectations and changing needs
of property owners over a long period of time;
e. To ensure that the project developer is attentive to the performance
characteristics of the structure and mitigates such problems as vibration and noise transmission
which may not be apparent to the buyer without living in the unit 'but which, if not
adequately attentuated, may nevertheless render the living environment within the project
undesirable and the transfer of unit ownership difficult;
f. To ensure that the project developer uses contemporary and environ-
mentally sensitve concepts of site planning and architectural design in the creation of the
project and to ensure that the project, once completed, maintains its integrity over time
not only to preserve the long-term financial commitment of the unit owner, but to optimize
the utilitarian and aesthetic qualities that make the project a viable home for him in the
future;
g. To ensure that when appropriate governmental entities have the right
to enter into specified areas of the project to protect thepublic health, safety and welfare
and preserve the public peace.
Ord. No. 74-306/Page 3 of 10
9302. Zoning and Conditional Use Permits Required.
a . No residential condominium shall be permitted in any zone unless such
zone permits such usage and unless and until a :conditional use permit is obtained therefor.
b. Existing residential condominiums, which do not comply with the pro-
visions of Sections 93041 9305, 9306 and 9307 of this chapter shall be nonconforming uses
and shall be allowed to contrnue operation subject to the provisions of subsection (c) of
this section 9302.
c. Except for strictly interior modifications to individual condominium
units, no structural or architectural alterations, except incidental maintenance, shol I be
made to any existing residential condominium or its common areas within the City, unless
and until a conditional use permit is obtained therefor. An applicant seeking a conditional
use permit in order to make structural or architectural alterations to an existing condominium
shall not arbitrarily or unreasonably be denied a conditional use permit where compliance
with the provisions of Sections 9304, 9305, 9306 and 9307 of this chapter would impose a
costror other hardship disproportionate to the proposed structural or architectural alteration,
provided that the applicant is making reasonable efforts to conform to those provisions and
the purposes delineated in Section 9301 of this chapter.
d. No conditional use permits shall be granted pursuant to this Chapter for
a condominium development, unless the obligation for care, upkeep, and management of
the common element is imposed on a non-profit corporation.
9303. Application for Conditional Use Permit.
The application for a conditional use permit for a proposed condominium
project shall include the following information in copies which the Community Development
Department determines to be sufficient for itr>staff and the Planning Commission to evaluate
the project:
a . A complete legal description of the property and a boundary map
showing the exixting topography of the site and the location of all existing easements,
structures and other improvements, and trees over six (6) inches in diameter;
b. Dimensioned si;hematic development plans consisting of at least a
site plan, garage plan, typical floor plan, building elevations showing natural grades,
transverse and longitudinal section showing natural grades, and a conceptual landscaping
plan for the project as a whole. (In instances where the project involves the conversion of
an existing structure to condominium usage, complete as-built drawings shall be provided.);
c. A tabu[a r ana I ysis showing how the project compares to the minimum
standards for condominium projects in the zone in which it would be located;
d. Typical detailed sections of the types of wall and floor ceiling
construction that would be used in both common and interior partition wal Is within the
condominium project, including either published data from a recognized testing laboratory
or a statement from a licensed acoustical engineer or the City Building Official as to the
STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of
construction;
e. The proposed condominium documents including the Declaration of
Covenants, Conditions and Restrictions, Description of Project Elements and tentative
Condominium Plan that would apply to the conveyance of.units, the assignment of parking
and the management of common areas within the project. .
f. Such other information which the Planning Commission or Planning
Department determines is necessary to evaluate the proposed project.
Ord. No. 74-306/Page 4 of 10
9304. Condominium Development Policy.
a. The Planning Commission shall review all proposals for condominium
usage in order to determine their degree of compliance with both the condominium develop-
ment standards and development criteria delineated in Sections 9305 and 9306 below. A
condominium proposal which does not comply with all of the precise development standards
in this chapter may be approved where the Commission finds that there are unusual circum-
stances regarding the development's location, site, or configuration, that the project is in
substantial compliance with both the development standards and development criteria, and
that there are mitigating features incorporated in the project which tend to further the
expressed intent and purposes of this chapter.
b. Recognizing that the conversion of existing multiple residential structures
to condominium usage presents unique problems with respect to the requirements of this section,
the Planning Commission is empowered to vary any and all requirements contained herein with
regard to a particular convervion proposal upon a finding that the creation of the proposed
condominium will not have the potential to contravene the irttent and purpose of this chapter.
Project characteristics of critical importance in determining whether or not a proposed
conversion has that potential include the age of the structure and the degree to which the
proposal varies from the required standards for the following:
Parking
Unit Size
Sound transmission characteristics
Private open space
Storage space
c. The Planning Commission is also empowered to impose conditions on its
approval of the conditional use permit which would require that specified modifications,
designed to bring a structure more nearly into compliance with the condominium develop-
ment standards contained herein, be made to the structure proposed for conversion.
9305. Condominium Development Standards.
To achieve the purpose of this chapter the Planning Commission shall require,
except gas noted above, that all condominium projects conform to all ordinances of the City
and all of the following condominium development standards.
a . Private Open Space. Notwithstanding the minimum total amount of
usable open space required for a project and the required minimum dwelling unit size, in s
projects which include five (5) units or more, all of the units shall have an appurtenant
private patio, deck, balcony, atrium, or solarium with a minimum area of one huddred
fifty (150) square feet, except that one bedroom units shall have a minimum area of one
hundred thirty (130) square feet. Such space shall have a configuration that would allow
a horizontal rectangle or square of one hundred (100) square feet in area and a minimum
dimension of seven (7) feet to be placed in said space. The space tshall be designed for the
sole enjoyment of the unit owner and his guests, and shall have at least two weather-proofed
electrical convenience outlets. Additionally, such space shall be at the same level as
and immediately accessible from either a kitchen, dining room, family room or living 1. room
within the unit. The Planning Commission may evaluate each project on its own merit with
regard to the type, configuration and characteristics of the development including condomin-
ium unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may
allow variations from the above dimensional standards where it can be shown that the required
private open space meets the intent and purpose of this section.
b. Private Storage Space. Each unit within the Project shall have at least
two hundred (200) cubic feet of enc osed, weather-proofed and lockable storage space for the
sole use of the unit owner.
(i) Such space shall have a minijnum horizontal interior dimension of three
and one-half (3-1/2) feet. The space, if a reach-in type, shall have an opening of three
and one-half (3-1/2) feet byssix (6) feet, or if a walk-in type shall have a minimum clear
access opening of two and one-half (2-1/2) filet by six and two-thirds (6-2/3) feet.
Ord. No. 74-306/Page5of 10
(ii) Such space may be provided within individual storage lockers, cabinets
or closets in any location approved by the Planning Commission, but shall not be split among
two (2) or more locations. Moreover, since it is the intention of this standard to require
space over and abbLae that normally associated with the day-to-day functioning of the unit,
the Planning Commission shall exercise reasonable discretion in differentiating between such
required private storage space and guest, linen or clothes closets or food pantrys that are
customarily within the unit. Thus, while providing such private storage space within the
limits of the unit is not precluded, it shall be over and above that which would otherwise
be provided within the unit.
(iii) If such space is located within a common area within the Project,
the association shall be responsible for the care and maintenance of the exterior surface of
the space in order to assure that the surface is maintained in a manner compatible with the
architectural treatment of the Project. Regardless of the location, the precise architectural
treatment of of such space shall be approved by the Planning Department to ensure that such
areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the
Project.
c. Off-street Parking.
(1) Spaces Assigged to Units. There shall be at least two (2) garages
assigned to each condominium unit within the project.
(ii) Spaces Designated for Visitors. In addition to the above requirements,
there shall be at least one 1 visitor parking space for each ten (10) condominimum units
within the Project. A fractional requirement equal to, or greater than, one-half (1/2) of
a visitor parking space shall be interpreted as a requirement for a total visitor parking space.
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d. Treatment of Utilities.
(i) Plumbing Shut-Off Valves. Water supply lines to each unit
within the Project shall be fitted with s ut-off va ves of either hand valve or screw-stop
type. If there are extenuating circumstances which make the installation of such valves
impracticable, the Planning Commission may approve a system which provides individual
shut-off valuves ahead of each fixture within the unit. A shut-off valve shall also be
provided ahead of each water-supplied appliance not contained within a unit.
(ii) Drip Pans. Clothes washers, dish washers, hot water heaters
and any other appliance which t— ie Bui ding Official determines to be a potential source of
water leakage or flooding shall be installed with built-in drip pans and appropriate drains
subject to the approval of the Building and Safety Division of the Community Development
Department.
(iii) Utility Meters. With the exception of water supply and
and central heating and/or air conditioning, each utility that is controlled and consumed
within the individual unit shall be separately metered in such a way that the unit owner can
be separately billed for its use.
(iv) Circuit Breakers. Each unit shall have its own circuit
breaker panel for at I electrical circuits and outlets which serve the unit. Such panel shall
be accessible without leaving the unit.
e. Isolation of Vibration and Sources of StructoreBome Noise in Condominium
Projects Where Units have Common Walls and/or Floor and Ceilings.
(i) Shock Mounting of Mechanical Equipment. All permanent
mechanical equipment such as motors, compressors, pumps and compactors which, because
of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation,
pulsation, impaction or detonation, is determined by the Building Official to be a source
of structural vibration or structure borne noise shall be shock mounted with inertia blocks
or bases and/or vibration isolatars in a manner '2approved by the Building Official . Domestic
appliances which are cabinet installed or built into the individual units, such as clothes
washers and dryers, or other appliances which are determined by the Building Official to
be a source of structural vibration or structure borne noise, shall be isolated from cabinets
Ord. No, 74-306/Page 6 of 10
and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building
Official . The cabinets in which they are installed should be offset from the back wall with
strip gasketing of felt, cork or similar material approved by the Building Official . Where
such appliances utilize water, flexible connectors shall be installed on all water lines.
If provision is made within the units for the installation of nonpermanent appliances such
as cloffies washers and dryers, then permanent rubber mounting bases and surface plates
shall be installed in a manner approved by the Building Official.
(ii) Location of Plumbing Fixtures. No plumbing fixture shall be
located on a common wall between two separate units whe're it would back up to a Iivingroom ,
family room, diningroom, den or bedroom of an adjoining unit.
(iii) Separation of Vents and Lines. No common water supply
lines, vents, or drain lines shall be permitted or contiguous units unless there is at least
eight and one-half (8-1/2) feet of pipe between the closest plumbing fixtures within the
separate units. The Building Official may approve oo�er methods of isolating sound tromsission
through plumbing lines where their effectiveness can be demonstaated.
(iv) Isolation and Insulation of Lines. All water supply lines
within the Project shall be isolated from wood or metal framing with pipe isolators specifically
manufactured for that purpose and approved by the Building Official . In multistory condominium
projects all vertical drainage pipe shall be surrounded by three-quarter inch (3/4") thick
dense insulation board or full thick fiber-glass or wool blanket insulation for its entire length
including the sections that pass through wood or metal framing.
f. Attenuation of Noise.
M General. Wall and floor/ceiling assemblies separating
units from each other or from public or quasi-public spaces such as interior corridors, laundry
rooms, recreation rooms, and garages shall provide airborne sound insulation for walls, and
both airborne and impact sound insulation for floor/ceiling assemblies.
(ii) Airborne Sound Insulation . All wall assemblies enumerated or
alluded to in the previous paragraph i shall be of a type of construction that has a minimum
rating of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or
alluded to in the previous paragraph M shal l be of a type of construction that has a minimum
rating of 50 STC. Wood floor joists and subflooring shall not be continous between separate
condominimum units. Penetrations or openings in the construction for piping, electrical
outlets and devices, recess cabinets, bathtubs, soffits, heating, and ventillating and/or
air conditioning intake and exhuast ducts, and the like, shall be sealed, lined, insulated
or otherwise treated to maintain the required rating and such treatment shal I be approved by
the Building Official . Entrance doors to the unit shall be of solid construction and, together
with pervinieter seals, shall have a minimum rating of 30 STC. Such perfineeter seals sly]
be maintained in effective operating condition.
(iii) Impact Sound Insulation. All separating floor/ceiling
assemblies enumerated or alluded to above s a e o a type of construction that has a
minimum rating of 69 IIC (Impact Insulation Class). Floor coverings may be included in the
assembly to obtain the required ratings, but must be retained as a permanent part of the
assembly and may only be replaced by another floor covering that provides the same or
greater impact insulation.
(iv) Verification of Sound Class. STC and IIC ratings shall be
based on the results of laboratory measurements and will not;be_�subjected to field testing.
The STC rating shall be based on the American Society for Testing and Materials system
specified in ASTM B90-66t or equivalent. The IIC rating shall be based on the system in use
at the National Bureau of Standards or equivalent. Ratings obtained from other testing pro-
cedures will require adjustment to the above rating systems.
9306. Condominium Development Criteria.
There are important considerations relative to each proposal for condominium
usage and to each proposed site that do not lend themselves to specific development standards.
The following criteria shall apply to proposals for condominium usage made pursuant to the
Ord. No. 74-306/Page 7 of 10
provisions of this Chapter and shall serve as a basis for the evaluation of accepted and
appropriate planning and architectural techniques necessary for the orderly development
of the city, and concurrently, give substance to the policies necessary to achieve the
purposes of this Chapter.
a . The Project should be a comprehensive and integrated design, providing
its own open space, off-street parking and amenities for contemporary living. Insofar as the
scale of the Project allows, open space, walkways and other areas for people should be
separated from parking areas, driveways and other areas for automobiles.
b. Architectural unit and harmony should be achieved both within the
Project and between the Project and the surrounding community so that the Projectdoes not
constitute a disruption to the established fabric of the community.
c. The Layout of structures and other facilities should effect a conservation
in street, driveway, curb cut, utility and other public or quasi-public improvements.
Structures should be designed to minimize, within the context of accepted architectural
practice, the consumption of natural resources either directly or indirectly (i.e., gas,
water, electricity).
d. The Project should be designed to maintain as much of the natural
topography, large tress, and environment as practicable.
e. The configuration and orientation of the Project should respect reasonable
design limits imposed by the natural and man-made environment. Structures should be
situated to take advantage of view, topography, sun and wind, while at the same time not
destroying these advantages for adjacent properties. Structures should alio be situated to
minimize or buffer any undesirable characteristics of the site such as street noise and nearby
obnoxious commercial or industrial uses.
f. The layout of units and open space within the project should establish,
through theuse of structure and landscape materials, a perceptible spatial transition from
the public street,, through, the semi-privacy of the common areas, to the privacy of the
unit. Most importantly, the environment of each condominium unit should be private and
free from visual, audial and other intrusions.
9307. Declaration of Covenants, Conditions and Restrictions.
To achieve the purpose of this Chapter, the Debiaration of Covenants,
Conditions and Restrictions relating to the management of the Common Area and facilities
shall accompany all proposals for condominium usage made pursuant to the provisions of
this Chapter. In addition to such Covenants, Conditions and Restrictions that may be
required by the Department of Real Estate of the State of California or pursuant to Title
6 of Part IV of Division 11 of the Civil Code or other state laws or policies, such declara-
tion shall provide for the following, none of which, after acceptance in final form by the
City, shall be amended, modified or changed without first obtaining the written consent
of the City:
a. Assignment or Conveyance of Private Open Space. The surface
area and appurtenant airspace or private open space areas-,_inc Fu_c_H_n_g_1ut not limited to
the private patio, deck, balcony, solarium or atrium required by Section 9306(a) of this
Chapter and any integral portion of that space that may exceed the minimum area require-
ments, shall be described and irrevocably assigned to its respective unit,, except that
where the private open space is totally within the boundary described by the interior
surfaces of the unit,. it shall be conveyed as an integral part of the unit.
b. Assignment or Conveyance of Private Storage Areas. The surfaces and
appurtenant airspace-o-T—private storage areas, including but not ri-m-TiFeTto the private
storage space required by Section 9306(b) of this Chapter shall be described and irrevocably
assigned to the Declaration or Condominium Plan to its respective unit, except that where
the private storage space is totally within the boundary described by the interior surface
of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be
conveyed as an integral part of the unit.
Ord. No. 74-306/Page 8 of 10
c. Assignment or Conveyance and Use of Required Off-street Parking
Spaces . Required off-street, unclosed parking spaces, except guest par in,g spaces, shall
Fe permanently and irrevocably assigned to particular units within the Project on the basis
of two spaces per unit, except that where two parking spaces are totally within the boundary
desdribed by the interior surfaces of the unit, as they would be in a townhouse development
with a private entrance from the parking garage to the unit, it shall be conveyed 6s an
integral part of the unit. To the maximum practicable extent the two spaces assigned to
each unit shall be contiguous. In no case shall the private storage area of one unit
overhang or take its access from the required off-street parking space of another unit.
All parking spaces shall be used solely by unit owners, members of their families, their
guests or lessees of the owners' unit, except that a unit occupant within the Project may
rent one (1) space to another unit occupant or to the Association. All parking spaces shall
be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of
the State of California.
d. Maintenance of Impact Insulation Class. The Impact Insulation Class
(IIC) rating of all separotin oor cei ing assem ies, as required by Section 93060 of this
Chapter, shall be described in the Declaration. Where the minimum IIC rating is obtained
through the use of floor covering(s), the Declaration should provide that said covering shall
not be removed for any purpose except cleaning or replacement, and shall further provide
that any replacement covering(s) shall furnish not less than the degree of impact insulation
afforded by coverings originally installed.
e. Right of Public Entry to Common Area. The City of Carson, the County
of Los Angeles, the State of Ca I i omia, and the Government of the United States, and any
department, bureau or agency thereof, shall have the right of immediate access to all f
portions of common areas of the Project not assigned for the exclusive use of the owner of
a par<t'rcular unit at all times. Notice of such right of governmental agency access shall
be prominently displayed in the common areas of the Project.
f. Televsimn and Radio Antenna . Individual television and radio antennas
shall be prohibited outside o any owners unit. The Declaration shall provide either fox a
central antenna with connections to each unit via underground or internal wall wiring, or
each unit shall be served by a cable antenna service provided by a company licensed to pro-
vide such serviee within the City.
g. Voting. For the purpose of voting, including without limitation
voting to set the amount of regular or special assessments and for the purposesof amending
the Covenants, Conditions and Restrictions, one vote shall be allocated for each unit within
the Project. The amount of regular and special assessments may be made proportional to the
gross square footage of each unit within the Project.
h . Partition and Sale of the Project. An action may be brought by one or
more owners of units within the Project for partition thereon by sale of the entire Project
as if the owners of all of the condominiums in such Project were tenants in common in the
entire Project in the same proportion as their interests in the common areas, provided,
however, that a partition shall be made only upon ashowing of the existence of one or
more of the conditions set forth in Section 752b of the California Code of Civil Procedure,
or that:
(i) Two (2) years after damage or destruction to the Project which
renders a material part thereof unfit for its use, the Project has not been rebuilt or repaired
substantially to its state prior to its damage or destruction; or
(ii) One-half (1/2) or more of the Project has been destroyed or
substantially damaged and condominium owners holding in aggregate more than fifty percent
(50%) interest in the common areas are opposed to repair or restoration of the Project; or
(iii) The structure has been in existence in excess of the number of
years shown on the following table, is obsolete and uneconomic, and the percentage of
condominium owners holding in aggregate a percentage interest in the common areas as set
forth in the following table are opposed to repair or restoration of the Project.
Ord. No. 74-306/Page 9 of 10
Percentage of Interest
in Common Areas Held
Age of Structure by Condominium Owners
30 years 70 percent
40 years 60 percent
50 years 50 percent
60 years 40 percent
70 years 30 percent
For purposes of this section, multiple owners of a single unit shal l not be deemed possessed,
in the aggregate, of any greater interest in the common areas than that possessed by a
single owner of a unit.
i. Maintenance. The Declaration shall contain a provision establishing
the obligdtion and duty�e goveming body of the condominium to maintain the common
areas in good condition.
j. Enforcement. The Declaration shall contain a provision insuring the
right of any owner to enforce t e terms of the Declaration.
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k. Assessments for Maintenance of Common Areas and Facilities.
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(i) General. In order to protect the public health, safety and
welfare provision shall be made o-Tt Torannual assessments for maintenance and special
assessments for capital improvements. The amount of the regular annual assessment, and the
procedure for its change shall be specified. The manner in which special assessments may
be levied for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the common area shall
be specified. The amount of regular and special assessments may be made proportional to
the gross square footage of each unit within the Project. Both annual and special assessments
may be collected on a monthly basis. The remedies which the Association may bring for the
nonpayment of assessments shall be specified and may include penalties for late payment.
(ii) Veto Right and Authority of the City. In consideration for
the City's approval of a condominium project, including wit out imitation any approval of
a conversion to condominium usage, the Declaration shall provide that the City at its
option has the right and authority to veto any action of the Association which would tend
to decrease the amount of the regular annual assessment upon a finding by the City that
such a decrease could or would adversely effect the long-run maintenance of the condominium
structure and/or its common areas. To enable the City to exercise said optional veto, the
Declaration shall provide that Association actions to decrease the annual assessment do not
become effective until sixty (60) days after written notice of such action is given to the City.
I. Utility Easements Over Private Streets and Other Areas. If the condo-
minium: project contains private streets, provision shall e made or pu is utility easements
over the entire private street network. The Planning Commission may also require public
utility easements adjacent to public streets or over otherportions of the Project to accomo-
date fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and
gas mains, electrical lines and similar urban infrastructure. The Planning Commission may
also require access routes necessary to assure that fire fighting equipment can reach and
operate efficiently in all areas of the Project.
m. Amendment of the Declaration. Any amendment to the DeLlaration
which would amend, modify, delete or of erwise a fect any provision required by this
Section 9308 shall require the prior written approval of the City. To that end, no such
amendment of the Declaration shall be effective unless (i) the text thereof shall have been
submitted to the City thirty (30) days prior to its adoption by the owners; (ii) either the
City has approved the amendment or failed to disapprove it within said thirty (30) day
period; and (iii) the recorded instrument effecting such amendment shall recite that it
was so submitted and approved or not disapproved.
Ord. No. 74-306/Page 10 of to
9308. Severability.
If any section, subsection, sentence, clause or phrase of this Chapter is for
any reason held invalid by a court of competent jurisdiction, such decision shall not affect
the validity of any other portion of the Chapter, it being the intent hereof that each section
subsection, sentence, clause andphrose hereof would have been adopted irrespective of the
fact that any one or more section, subsection, sentence, clause or phrase be declared
invalid.
PASSED, APPROVED and ADOPTED this 6th day of May, 1974
OR
ATTEST:
4 °
CI 17 CLE K j
STATE OF CALIFORNIA )
COUNTYOF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the, City Council of said City is five;
that the foregoing ordinance, being Ordinance No. 74-306, passed first reading on
A rill ,i5 1974 , was duly and regularly adopted by the City Council of said City
at a regu ar meeting of said Council, duly and regularly held on the 6th day of May
1974, and that the same was so passed and adopted by the following roll call vote:
AYES: COUNCILMEN : Bridgers, Calas, Marbut, Yamamoto and Smith
NOES: COUNCILMEN : None
ABSENT: COUNCILMEN: None
%IL
City Clerk, CitydfCarson, C lifornia