§ 13-54.52. Non-residential common interest development standards and requirements

(a) Applicability. The provisions of this section shall apply to all proposed new non-residential common interest development projects and the conversion of existing non-residential to common interest developments.

(b) City council finding. The city council finds and declares it is the intent of these regulations to protect the interests of the community and prospective purchasers by requiring the applicant to provide certain information regarding the condition of the structure and to require reasonable improvements to ensure quality and to protect the health, safety, and general welfare of the public.

(c) Development standards. The development standards of the applicable zoning district shall be applied to the common interest development, including the conversion of occupied or previously occupied projects (see section 13-54.53(h)(3)). Exception: Newly created individual unit lots shall be exempt from the development standard for minimum lot area for newly subdivided lots. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:

(1) All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a property owners association. This lot shall be used for common driveways, parking areas, and street setback landscaped areas.

(2) A detailed landscape plan prepared pursuant to Chapter VII Landscaping Standards shall be approved by the planning division prior to issuance of any building permits.

(3) Parking shall conform to Chapter VI Off-Street Parking Standards, a parking space allocation plan shall be submitted to the planning division in conjunction with application for a non-residential common interest development.

(4) The development shall comply with the provisions of Chapter XI. Subdivisions, which may include, but are not limited to land dedication and improvements, such as drainage improvements, and payment of fees.

(d) Documents required.

(1) A project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, parking areas and common facilities pursuant to state law. No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to suitability for the proposed use of the open areas.

(2) The developer shall file a declaration of covenants to be submitted with the application for approval, which will govern the association. The provisions shall include, but not be limited to, the following:

a. The property owner's association shall be established prior to the sale of any unit(s).

b. Membership shall be mandatory for each owner and any successive owner.

c. Provisions to restrict parking upon other than approved as parking spaces shall be written into the covenants, conditions and restrictions for each project. Additionally, a clear designation of parking and signage rights shall be included and a method to resolving disagreements. The provisions shall include the following:

i. "The City of Costa Mesa Zoning Code regulates the uses of property, allowable signage, and required parking. The City shall not issue a building permit or a sign permit unless it is first authorized by the property owner's association. This authorization shall be submitted with any application to the City. This provision may not be modified without the written consent of the City."

d. If the development is constructed in increments or phases which require one (1) or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one (1) property owners' association with common areas for the total development.

e. The declaration of covenants shall contain language or provisions substantially as follows:

i. "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined."

ii. "In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law."

(Ord. No. 07-17, § 1f., 10-2-07 )