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Commission approves CC&Rs for Highland Gardens condo map at 182 West Highland
Summary
The Sierra Madre Planning Commission approved the covenants, conditions and restrictions (CC&Rs) for the Highland Gardens three-unit condominium (Parcel Map 83897) at 182 West Highland Avenue and found the document consistent with prior approvals.
The Sierra Madre City Planning Commission approved the covenants, conditions and restrictions (CC&Rs) for the Highland Gardens three-unit condominium at 182 West Highland Avenue (Parcel Map 83897) and adopted the staff recommendation to forward the CC&Rs consistent with the previously approved tentative tract map and conditional-use permit.
Planning Department staff reported the CC&Rs have been reviewed by staff and the City Attorney and that minor clarifications were incorporated into the version in the agenda packet. Staff also noted the CC&Rs govern homeowners' responsibilities, common-area maintenance, special assessments, architectural review and leasing rules. Staff advised the CC&Rs are not a project under CEQA guidelines because this is a procedural approval following the tentative tract map.
Commissioners sought clarifications about the extent of common-area responsibilities in this project because the three dwelling units are detached. Staff explained that the common area primarily consists of shared driveway and turnaround areas, front-yard and private-landscape strips that are outside individual unit parcels, and mailbox areas. Director Lynn and staff confirmed the developer (or owning LLC) will initially own all three units and thus will be the sole voting member of the HOA until individual units are sold.
Commissioners also discussed governance mechanics. The CC&Rs refer to board actions and the rules the HOA may adopt; staff confirmed that the board or its procedures (rules and regulations) are distinct from the CC&Rs and would be established by the HOA as members take title. Commissioners asked whether quiet hours set by the CC&Rs could conflict with future code changes; staff noted that the municipal code prevails but that including quiet-hour references in the CC&Rs helps homeowners find the rule in the recorded documents.
No members of the public provided testimony on the CC&Rs at the meeting. After deliberation, the commission voted to approve the CC&Rs for Parcel Map 83897 and adopted the resolution attached to the staff report (Resolution 25-08). The approval transmits the CC&Rs for final mapping procedures; the CC&Rs become effective in the context of the final parcel map and recordation process rather than as a separate land-use permit.
