For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended.
"Association"
means an organization composed of persons who own a condominium, community apartment, or stock cooperative unit(s) or right of exclusive occupancy in a community apartment, and who are organized to operate and maintain common areas for condominiums, community apartments, or stock cooperatives.
"Common area"
means the area that is available to the common use of unit owners in an entire project, excepting the individual units therein.
"Community apartment project"
is as defined in Section 11004 of the Business and Professions Code of the State of California and as may hereafter be amended.
"Condominium"
(hereafter also referred to as "community apartment projects" or "stock cooperatives") is as defined in Section 783 of the Civil Code of the State of California and as may hereafter be amended.
"Condominium documents"
includes the covenants, conditions and restrictions, the description of the project elements, and any other documents establishing a plan for condominium, community apartment, or stock cooperative ownership.
"Conversion"
means a change in the type of ownership of a parcel or parcels of real property, together with the existing attached structures, to that defined as a condominium project, and community apartment project, or stock cooperative project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.
"Covenants, conditions and restrictions"
means a written declaration relating to the maintenance, operation, duties and responsibilities of the common owners of the project and may include, but is not limited to, those restrictions provided for in Section 1355 of the California Civil Code and as such may hereafter be amended.
"Developer"
means the owner or subdivider of real property with a controlling proprietary interest in the proposed project.
"Open space"
means the open space on the project (exclusive of the required front setback area) which is to be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants of units on the project and to which such occupants shall have the exclusive right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included in open space.
"Project"
means the entire parcel of real property divided or to be divided into condominiums, community apartments, or stock cooperatives, including all structures thereon.
"Project elements"
means condominium community apartment or stock cooperative units which are to be conveyed, the areas and spaces which are to be conveyed, the areas and spaces which are to be assigned to such units, and the common areas (including improvements) which are to be shared by the owners of all units.
"Residential condominium"
means a condominium, community apartment, or stock cooperative for residential purposes.
"Stock cooperative"
is as defined in Section 11003.2 of the Business and Professions Code of the State of California and as may hereafter be amended.
"Subdivision Map Act"
means Division 2 of the California Government Code, commencing with Section 66410 and following as may hereafter be amended.
"Subdivision ordinance"
means those ordinances contained in this title and as may hereafter be amended.
"Unit"
means the element of a residential condominium project which is not owned in common with the owners of other condominiums in the project or is an apartment in a community apartment project or stock cooperative project to which an owner of undivided interest in common in a community apartment project or stock cooperative project has a right of exclusive occupancy.
(Prior code § 14-1300; Ord. 566-81, 7-14-1981)
The developer of a new condominium, community apartment project, or stock cooperative project shall first submit an application for a zoning amendment to planned development district. The application shall include, but not be limited to, the following, in as many copies as the planning officer determines to be sufficient for its staff and the planning commission to evaluate the project:
(1) 
A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures, and other improvements, and trees over six inches in diameter.
(2) 
Dimensioned schematic development plans consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, transverse and longitudinal sections showing natural and proposed grades, and a conceptual landscaping plan for the project as a whole.
(3) 
Typical detailed sections of the types of wall, floor and ceiling construction that would be used in both common and interior partition walls within the condominium, community apartment projects or stock cooperatives, including either published data from a recognized and approved testing laboratory or a statement from a licensed acoustical engineer as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction.
(4) 
When required by Part 2 of Division 4 (commencing with Section 11000) of the Business and Professions Code of the State of California, a copy of the proposed application submitted by the applicant to the Department of Real Estate of the State of California for a subdivision public report on the current forms required by the Department of Real Estate shall be submitted to the planning department, together with the submittal of the tentative map.
(5) 
Such other information which the planning commission or planning officer determines is necessary to evaluate the proposed project.
(Prior code § 14-1301; Ord. 566-81, 7-14-1981)
The planning commission shall require that all proposals for a new condominium project, community apartment project, or stock cooperative project shall conform to the requirements of WMC § 18.45.040, to the extent that said section is not inconsistent with the provisions herein contained. A project which does not comply with all of the development standards set out in this chapter may be approved by the planning commission where it finds that there are circumstances regarding the development's location, site or configuration with the development standards criteria, and that there are mitigating features incorporated into the project which tend to further the intent and purpose of this title.
(Prior code § 14-1302; Ord. 566-81, 7-14-1981)
Condominium projects, community apartment projects, or stock cooperatives shall conform to the following parking requirements:
Type of Unit
No. of Required Off-Street Covered Parking Spaces
Studio
1
One bedroom
1.5
Two or more bedrooms
2
In addition to spaces required per unit, guest parking should be provided at the rate of one space per two units. Signs should identify guest parking areas. The covenants, conditions and restrictions should prohibit the use of these areas by homeowner families.
All parking on site must be screened from adjacent property and from individual units.
At least one space per five units for recreation vehicles and boat storage shall be provided and properly screened. These spaces may be owned in common by the association. If this requirement cannot be met, a provision shall be placed in the covenants, conditions and restrictions precluding the parking of recreational vehicles and boats on the site.
(Prior code § 14-1303; Ord. 566-81, 7-14-1981)
Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of 150 square feet. Such space shall be designed for the sole enjoyment of the unit owner, and shall have a shape and size that would allow for optimal usable space. Such space shall be at the same level as, and immediately accessible from a room within the unit. The planning commission may allow variations from the above standards where it can be shown that the required private open space meets the intent and purpose of this action.
(Prior code § 14-1304; Ord. 566-81, 7-14-1981)
In addition to guest, linen, food pantry and clothes closets customarily provided, each unit with the project shall have at least 200 cubic feet of enclosed, weatherproofed and lockable private storage space. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet, and a minimum interior dimension of three and one-half feet. The space, if a reach-in type, shall have an opening of three and one-half feet by six feet, or, if a walk-in type, shall have a minimum clear access opening of two and one-half feet by six and two-thirds feet.
Such space for each unit may be provided in any location approved by the planning commission, but shall not be divided into two or more locations for each unit.
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 surfaces of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project.
(Prior code § 14-1305; Ord. 566-81, 7-14-1981)
The following methods shall be used to regulate noise transmission:
(1) 
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which are determined by the building official to be a source of structural vibration or structure-borne noise shall be shock-mounted in inertia blocks or bases and/or vibration insulators in a manner approved by the building official.
(2) 
Noise Resistance. Common walls and floors between units shall comply with the building code provisions governing noise resistance for newly constructed common walls and floors with a maximum impact and Sound Transmission Class (STC) or 50 (45 if field tested) as defined in UBC Standard No. 35-1. All separating floor-ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of 50 (45 if field tested) as defined in UBC Standard 35-2. These requirements do not preclude more stringent requirements that may be imposed by the city's noise element, or by proceedings pursuant to the California Environmental Quality Act.
(Prior code § 14-1306; Ord. 566-81, 7-14-1981)
(1) 
Smoke Detectors. Every dwelling unit shall be provided with a smoke detector conforming to UBC Standard No. 43-6.
(2) 
Fire Walls. Where there is one common attic over more than one living unit, the dividing wall between units shall extend all the way to the roof and the attic divider shall be rated for one-hour fire separation.
(Prior code § 14-1307; Ord. 566-81, 7-14-1981)
All exterior doors shall be solid core type; all sliding glass doors shall be equipped with security devices approved by the building official.
(Prior code § 14-1308; Ord. 566-81, 7-14-1981)
(1) 
The project shall have 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 areas for automobiles.
(2) 
Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community.
(3) 
The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Additionally, 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 and electricity.
(4) 
Project landscaping should be considered a vital part of the overall development and shall be designed by a registered landscape architect. Special treatment should be required in and around major parking areas for screening and for reducing the visual impact of paving.
(Prior code § 14-1309; Ord. 566-81, 7-14-1981)
A laundry area should be provided in each unit, or if a common laundry facility is provided, then such facility shall be subject to the review of the planning commission as to adequacy.
(Prior code § 14-1310; Ord. 566-81, 7-14-1981)
All units shall be provided with separate gas and electric meters, and provision made for individual shutoff of all utility valves, including water.
(Prior code § 14-1311; Ord. 566-81, 7-14-1981)
The planning commission shall require that the declaration of covenants, conditions and restrictions and project elements relating to the management of the common area and facilities be approved by the planning officer prior to the approval of the final map. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civic Code or other state laws or policies, such declaration shall be subject to recording and shall provide for the following, none of which, when approved by the appropriate city officers, shall be amended, modified or changed without first obtaining the written consent of the planning commission, and all of which shall contain a statement to that effect.
(Prior code § 14-1312; Ord. 566-81, 7-14-1981)
The surface area and appurtenant airspace of private open space areas, including, but not limited to, the private patio, deck, balcony, solarium or atrium required and any integral portion of that space that may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.
(Prior code § 14-1313; Ord. 566-81, 7-14-1981)
Required off-street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit. To the maximum practicable extent the spaces assigned to each unit shall be contiguous. All studio and one-bedroom units shall be assigned one parking space and may rent additional spaces from the association as available. An occupant of a unit with two or more bedrooms may rent one parking space back to the association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the State of California, and shall not be used for trailers, unmounted campers, boats or similar recreational vehicles.
(Prior code § 14-1315; Ord. 566-81, 7-14-1981)
Officers, agents and employees of the city of Willows, county of Glenn, state of California, and the government of the United States, and any department, bureau, or agency thereof, shall have the right of immediate access to all common areas of the project at all times for the purpose of preserving the public health, safety and welfare, except in those instances where a common area is accessible only through a private unit.
(Prior code § 14-1316; Ord. 566-81, 7-14-1981)
Provision shall be made both for annual assessment of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessments, 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 construction, reconstruction, repair, or replacement of capital improvement upon the common area shall be specified. 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.
(Prior code § 14-1317; Ord. 566-81, 7-14-1981)
If the condominium project, community apartment project, or stock cooperative contains private streets, paths or roadways, provision shall be made for public utility easements over the entire private street, path or roadway network. The planning commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The planning commission may also require access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas of the project.
(Prior code § 14-1318; Ord. 566-81, 7-14-1981)
Every owner and the association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the common area or the owners of the units in common.
(Prior code § 14-1319; Ord. 566-81, 7-14-1981)
Unless otherwise prohibited by law, or any local, state or federal regulation, the association shall have the right to terminate the contract for any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the project, or at that time renegotiate any such contracts.
(Prior code § 14-1320; Ord. 566-81, 7-14-1981)
There shall be a provision that the association shall enforce the provisions of the declaration.
(Prior code § 14-1321; Ord. 566-81, 7-14-1981)
The developer of a condominium, community apartment, or stock cooperative conversion project shall submit an application in the same manner and containing the same requirements as specified in WMC § 17.50.020. In addition to the requirements specified in that section, an application for a condominium, community apartment, or stock cooperative conversion shall contain the following information:
(1) 
A physical elements report which shall include, but not be limited to:
(a) 
A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, swimming pools, individual unit appliances, sprinkler systems for landscaping, utility delivery systems, central or community heating and air-conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five years, a replacement cost estimate shall be provided.
(b) 
A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code.
(c) 
A building history report, including the following:
(i) 
The date of construction of all elements of the project;
(ii) 
A statement of the major uses of said project since construction;
(iii) 
The date and description of each major repair or renovation of any structure or structural element since the date of construction. For the purposes of this subsection a "major repair" shall mean any repair for which an expenditure of more than $1,000 was made;
(iv) 
Statement regarding current ownership of all improvements and underlying land.
(d) 
A soils report.
(2) 
Acoustical report, including:
(a) 
The type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units; and
(b) 
The feasibility of various levels of improvement, prepared by a licensed acoustical engineer.
(3) 
Specific information concerning the characteristics of the project, including, but not limited to, the:
(a) 
Square footage and number of rooms in each unit;
(b) 
Rental rate history for each type of unit for previous five years;
(c) 
Monthly vacancy rate for each month during preceding two years;
(d) 
Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies;
(e) 
Proposed homeowners' association fee; financing available;
(f) 
Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this requirement may be modified by the planning officer.
(4) 
The subdivider shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of said notice is not submitted.
(5) 
Any other information which, in the opinion of the planning officer, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.
(6) 
Relocation Assistance Report. A written description of all relocation and moving assistance and information to be given to each tenant, and all the steps the subdivider will take to ensure the successful relocation of each tenant, in the event that conversion takes place. The report, to be given to all tenants, should pay particular attention to what assistance will be provided to the elderly, handicapped, and other tenants who may encounter difficulty finding new quarters. In order to reduce the number of such tenants being displaced, the subdivider shall consider incentives and inducements that would permit tenants to become owners in the condominium, community apartment, or stock cooperative.
(7) 
No application shall be considered unless all the information required by this section is provided to the planning officer, or the developer files with the city an affidavit or declaration showing good cause for failure to provide such information. This affidavit or declaration shall set forth, in detail, all efforts undertaken to discover such information and all reason why said information cannot be contained.
(Prior code § 14-1322; Ord. 566-81, 7-14-1981)
The rent or fee charged to tenants living in a building which is the subject of a conversion application shall not be increased following submittal of the application to the planning official. This provision shall not apply if the application is denied.
(Prior code § 14-1323; Ord. 566-81, 7-14-1981)
In addition to the sound transmission requirements specified in WMC § 17.50.070, developers of conversions shall submit to the planning officer, prior to approval of the tentative map, a written statement of compliance signed by a certified sound engineer.
(Prior code § 14-1325; Ord. 566-81, 7-14-1981)
The conversion developer shall provide a one-year complete warranty to the buyer of each unit, at the close of escrow, on any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided, or shall provide manufacturer's warranties for such items. At such time as the homeowners' association takes over management of this development, the developer shall provide a one-year complete warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association are in operable working condition.
(Prior code § 14-1326; Ord. 566-81, 7-14-1981)
The conversion developer shall make all repairs needed so that the city engineer can certify that any paved areas are in satisfactory condition.
(Prior code § 14-1327; Ord. 566-81, 7-14-1981)
All units to be under separate ownership or lease after conversion shall be inspected by the city of Willows prior to planning commission approval of the planned development application. Separate ownership means a condominium, community apartment, or stock cooperative unit where the entire fee is in one entity, whether individually, in joint tenancy, or tenants in common.
(Prior code § 14-1329; Ord. 566-81, 7-14-1981)
No units or building shall be allowed to convert if they were constructed prior to 1960, unless the building official finds the structures meet the 1958 Uniform Building Code.
(Prior code § 14-1330; Ord. 566-81, 7-14-1981)
All conversion projects shall be brought into compliance at least with the 1958 Uniform Building Code heretofore adopted by the city pursuant to ordinance.
(Prior code § 14-1331; Ord. 566-81, 7-14-1981)
In addition to all other reports to be made available to prospective buyers, the developer shall make available a list of all improvements made in converting the project.
(Prior code § 14-1332; Ord. 566-81, 7-14-1981)
Prior to sale of the converted condominium, community apartment, or stock cooperative units, dead bolts (flush-mounted variety with a one-and-one-half-inch "throw" into the jamb) shall be installed in entry doors of all units. All locks in the project shall be changed so that no master key or keys previously used will allow entry into any unit of the project after conversion.
(Prior code § 14-1333; Ord. 566-81, 7-14-1981)
(1) 
Notice of Intent. A notice of intent to convert shall be delivered to each tenant. Evidence of receipt shall be submitted with the tentative map. The form of the notice shall contain not less than the following:
(a) 
Name and address of current owner;
(b) 
Name and address of the tenant(s);
(c) 
Approximate date on which the tentative map is proposed to be filed;
(d) 
Approximate date on which the final map or parcel map is to be filed;
(e) 
Approximate date on which the unit is to be vacated by nonpurchasing tenant(s);
(f) 
Tenant's right to purchase;
(g) 
Tenant's right of notification to vacate;
(h) 
Tenant's right of termination of lease;
(i) 
Statement of no rent increase.
Other information may be required as deemed necessary.
(2) 
Tenant's Right to Purchase. As provided in Government Code Section 66427.1(b), any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later.
(3) 
Vacation of Units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than 120 days from the date of receipt of notification from the subdivider of his intent to convert or from the filing date of the final subdivision map or parcel map, whichever date is later, to find substitute housing and to relocate.
(4) 
No Increase Rents. A tenant's rent shall not be increased for nine months from the time of the filing of the tentative map until relocation takes place or until the subdivision is denied or withdrawn.
(5) 
Special Cases. Any nonpurchasing tenant aged 62 years or older, or handicapped or with minor children in school, shall be given at least an additional six months in which to find suitable replacement housing.
(Prior code § 14-1334; Ord. 566-81, 7-14-1981)
The developer shall make no advertising use of any city approval of use, subdivision or occupancy for the project.
(Prior code § 14-1335; Ord. 566-81, 7-14-1981)
Pursuant to Section 66427.1 of the Government Code, and as hereafter amended, approval of the tentative map and/or planned development district shall be withheld unless the planning commission makes a finding that:
(1) 
Each of the tenants of the proposed conversion has been or will be given 120 days' written notice of intention to convert to a condominium, community apartment, or stock cooperative prior to any termination of the tenancy due to the conversion to proposed condominium, community apartment, or stock cooperative.
(2) 
The present tenant or tenants of any unit to be converted shall be given a nontransferable right of first refusal to purchase the unit occupied upon at least the same terms and conditions offered to the general public or other individuals. The right shall extend for at least 90 days from the date of the final public report on the development, providing that the tenant may cancel the purchase agreement if the unit is not conveyed to that tenant within six months or unless the tenant gives prior written notice of his/her intention not to exercise such right.
(3) 
The proposed conversion would not be detrimental to the health, safety or welfare of the community, and that it is consistent with the city's general plan, housing elements, and the housing assistance plan.
(4) 
The overall design and construction of the project meets the standards specified in this title.
(5) 
The above findings made pursuant to Government Code Section 66427.1 shall not diminish or limit the authority of the city to approve or disapprove any condominium, community apartment, or stock cooperative project.
(Prior code § 14-1336; Ord. 566-81, 7-14-1981)
(1) 
If any article, section, subsection, paragraph, sentence, clause or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each article, section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(2) 
If the application of any provision or provisions of this chapter to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any court of competent jurisdiction or other competent agency, the effect of such decision shall be limited to the person, property, or circumstances immediately involved in the controversy, and the application of any such provision to other persons, properties and circumstances shall not be affected.
(3) 
This section shall apply to this chapter as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.
(Prior code § 14-1337; Ord. 566-81, 7-14-1981)