Article 39 — COMMON INTEREST DEVELOPMENTS (CONDOMINIUMS AND CONVERSIONS)

This purpose of this article is to establish the requirements for applications for the creation of a condominium or other common interest residential development, including a community apartment project, or planned development, as provided by the Map Act (Section 66424). This article applies to the construction of a new structure and the conversion of an existing structure to a condominium, consistent with the requirements of the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Condominium Application. When a structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a Tentative Map for the project shall be filed in the

same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as a subdivision per Article 33, Tentative Parcel and Tentative Map Filing and Processing.

B.

Condominium Conversion Application. A conversion shall require the approval of:

1.

Parcel Map. A Parcel Map may be waived for a condominium conversion in compliance with the Map Act (Section 66428(b)), or for the conversion of a mobile home park in compliance with the Map Act (Section 66428.1). If a Parcel Map is waived, a Tentative Map shall be required.

2.

Application for Tentative Map. An applicant shall submit a Tentative Map or Tentative Parcel Map for a residential condominium conversion project which shall include the items identified in Section 15-3904, Required Reports for Condominium Conversions.

3.

Conditional Use Permit. A Conditional Use Permit shall be filed which shall constitute a Condominium Conversion Permit.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 58, eff. 1-18-19).

Sec. 15-3903. - STANDARDS FOR NEW CONDOMINIUMS AND CONDOMINIUM CONVERSIONS.

A.

Warranty and Reserves.

1.

Warranty for Improvements. The subdivider shall provide to the condominiums' association and/or purchaser a one-year warranty on all physical improvements required under this article.

2.

Long Term Reserves. Prior to approval of the Final Map, or Parcel Map if no Final Map is required, the subdivider shall provide evidence to the City that a long-term reserve fund for replacement has been established in the name of the condominiums' association. Such fund shall equal two times the estimated monthly condominium's assessment for each unit.

B.

Covenants, Conditions, and Restrictions. Project covenants, codes, and restrictions (CC&Rs) in accordance with Article 40, Covenants, Conditions, and Restrictions, shall be developed, and shall be reviewed and approved by the City Attorney and Director prior to approval of the Final Map or Parcel Map.

C.

Budget for Maintenance. The subdivider shall provide to the condominiums' association and/or purchaser a copy of the approved proposed budget for maintenance and operation of common facilities, plus reserves, including the estimated monthly costs to the owner of each unit, projected over a five-year period. Such budget shall be reviewed or prepared by a professional management firm or by a qualified individual familiar with costs of similar properties, and that firm or person shall provide a statement of recommendations on the budget, together with a statement of professional qualifications.

D.

Relocation Assistance Program. For residential condominium conversions where the residential units are more than six months old, the applicant shall prepare a Relocation Assistance Program (RAP) detailing the relocation assistance which will be provided. The RAP shall be prepared in a manner which is responsive to tenant composition, sales policy to tenants, lengths of tenancies, and number of tenants willing to purchase a unit in the project. The program shall include, but not be limited to, the following items and additional items required in the Map Act:

1.

A relocation fee equal to a minimum of two months' rent for each unit which is vacated due to the conversion, after receipt of the 180 day notice of conversion prior to termination of tenancy required by the Map Act (Section 66427.1);

2.

Lifetime leases for elderly tenants (ages 62 years and older) and extended leases for student tenants, of the unit occupied by any such tenant, at the rate in existence at the time the Final Map is approved. The rental rate may be increased during the term of the lease only in the manner provided in detail by the subdivider in the program and approved by the Council at the time the tentative subdivision map is approved, provided that in no event shall any such increase be greater than eight percent per year.

a.

Extended leases for students shall be required for the period of time of enrollment in courses totaling at least two-thirds of the units/credits required to be considered a full time student, during the school year;

b.

Extended leases for family with school-aged children until 14 days after the start of summer break.

3.

A report describing the following:

a.

The extent that tenants will be reimbursed for the expenses of moving;

b.

The extent that tenants will be individually assisted in finding replacement housing;

c.

The extent that assistance payments will be made to those tenants who are unable to find comparable replacement housing, and the conditions of such assistance payments;

d.

The extent that long-term leases or extra time to locate housing will be allowed to tenants;

e.

The number of lifetime leases secured by elderly tenants.

f.

Any other plans of the subdivider to provide for assistance to low-income tenants, families with children in school, students, elderly tenants, tenants with disabilities, or long-term tenants; and

g.

The extent that the provisions of the RAP will be applicable to tenants who begin their tenancies after and with knowledge of the filing by the applicant of the notice of intent to convert.

4.

The developer/owner/applicant must file the required relocation assistance plan and a summary of all assistance provided demonstrating compliance with required relocation assistance plan prior to new Condo occupancy.

E.

Restriction of Rent Increases. While an application for a condominium conversion is pending, the rental rate for existing residential units shall not be increased.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 59, eff. 1-18-19).

Sec. 15-3904. - REQUIRED REPORTS FOR CONDOMINIUM CONVERSIONS.

A.

Pre-Application Inspection Report. The following shall occur prior to an application being submitted for a conversion:

1.

The subdivider shall apply to the Building Official for an inspection of the proposed residential condominium conversion project. The inspection shall cover the applicable building, safety, and housing requirements of Section 15-3904-B, Physical Elements.

2.

The subdivider shall include with the building inspection application a complete set of building plans, including electrical wiring and plumbing diagrams, of the buildings of the project as they presently exist.

3.

The Building Official shall perform a complete inspection and shall make a written report of their findings as to compliance or noncompliance with the requirements of Section 15-3903, Standards for New Condominiums and Condominium Conversions.

4.

The final report prepared by the Building Official shall be submitted with the application.

B.

Physical Elements. A report shall be provided, detailing the following:

1.

The structural condition of all physical elements as they exist at the time of application.

2.

Report of proposed improvements as they are to be made by the subdivider prior to the sale of any units in order to refurbish and restore the project and to achieve a high degree of appearance, safety, comfort, and utility. Such elements include, but are not limited to: foundations, interior and exterior walls, ceilings, floors, roofs, insulation, sound transmission characteristics, water heaters, furnaces, air conditioners, recreational facilities and equipment, and maintenance equipment. Regarding each such element, the report shall state the age and present condition, the cost of maintenance and replacement, and the proposed means of paying for the maintenance or replacement of the element.

C.

Project Plan. A plan prepared by a licensed civil engineer or architect, containing the following information pertaining to the project as it exists at the time of application and as it is proposed:

1.

Site and structure information, including all buildings, structures, and number and sizes of residential dwelling units;

2.

Accessory facilities information showing the locations and describing the nature and extent of recreation facilities, laundry facilities, maintenance facilities, office areas, and storage areas;

3.

Easement information showing the locations and dimensions of public utility, water, sewer, and drainage easements;

4.

Parking and access information, showing access, the locations, dimensions, and total number of covered and/or uncovered parking spaces provided, and the dimensions and locations of all aisles, driveways, turning areas, and obstructions, which may include columns, poles, walls, and trees;

5.

Open space and yards, including pools and recreational facilities;

6.

Landscaping;

7.

Refuse collection facilities;

8.

On-site lighting; and

9.

Fencing.

D.

Residential Tenant Information. A report shall be submitted containing the name and address of each tenant and general information about the tenants of the proposed project including, but not limited to:

1.

Total number of occupants;

2.

Makeup of existing tenant households, including:

a.

Size of households;

b.

Lengths of residence;

c.

Ages of tenants;

d.

Number of tenants estimated to be receiving federal or State rent subsidies;

e.

Number of tenants with disabilities; and

f.

Number of elderly tenants, and number of student tenants.

3.

Detailed history of the project, including vacancy rates, rents, and rent increases applicable to each unit during the 24 months preceding the application; and

4.

Proof of compliance with the provisions of the Map Act relating to noticing of tenants and future tenants of intention to convert.

E.

Residential Sales Information. The following information regarding unit sales shall be provided:

1.

Proposed sales price of units;

2.

Proposed owners' association fees;

3.

Statement regarding policy of sales to families with minor children; and

4.

Terms of sale and discounts, if any, to be offered to existing tenants.

F.

Project Documents. The applicant shall submit the proposed declaration of covenants, conditions, and restrictions to be applied to the project. The declaration shall include, but not be limited to, the information required pursuant to Article 40, Covenants, Conditions, and Restrictions, and the following information:

An agreement providing for common area maintenance including recreational facilities, landscaping of the project and all public right-of-way abutting the project, and all structural, mechanical, and utility elements of the proposed project, together with an estimate of initial assessment fees anticipated for the initial and future maintenance and replacement of such facilities and elements.

2.

A requirement that the owners' association maintain all private water, sewer, and storm drainage lines serving the project, and pay all charges for water, sewer, and waste collection service for the project.

3.

A provision granting emergency access to the project site by, and right of entry to, the City.

4.

A provision granting to the City the right to enforce the declaration.

5.

The assignment of parking and storage spaces.

6.

A grant of all easements and cross-easements for access, utilities, and maintenance necessitated by the conversion.

7.

A requirement that the owners' association provide or require adequate fire insurance protection for the project, including each structure, each unit and its contents, and the common area and facilities.

8.

A provision prohibiting the alteration of any party wall or fixture along any party wall, or the doing of anything which may impair its integrity as a fire wall.

9.

A provision granting the City the right to veto any amendment to the declaration with respect to any of the requirements of this subsection.

10.

Additional Information. Any other information deemed necessary by the Director that will assist in determining whether the proposed project will be consistent with the purposes of this article.

11.

Unavailability of Information. When the applicant can demonstrate that information required by this section is not available, this requirement may be modified by the Director if they determine that such modification is

consistent with the purposes of this article.

G.

Mobile Home Parks. Reporting on the conversion of Mobile Home Parks shall comply with Section 66427.5 of the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, §§ 60—62, eff. 1-18-19).

Sec. 15-3905. - SITE REQUIREMENTS FOR RESIDENTIAL CONDOMINIUMS.

The following requirements shall be satisfied prior to the approval of the Final Map; provided, however, that the Final Map may be approved subject to an agreement between the subdivider and the City guaranteeing the performance of the requirements and conditions prior to the sale of the first unit. These standards shall be required in all circumstances. If the site does not meet the strict application of the following standards, they shall be made conditions of project approval.

The following subsections (A-L) shall apply to new condominiums and Condominium Conversions.

A.

Building Materials. Exterior cladding materials shall be brought into compliance with the standards of the Base District.

B.

Parking. Parking shall be provided in accordance Article 24, Parking and Loading.

1.

Exceptions. Uncovered parking may count towards the satisfaction of the off-street parking requirements, however the overall number of stalls may not be decreased to less than prescribed in Article 24, Parking and Loading.

C.

Lighting. An exterior lighting plan shall be submitted. All parking areas, drive aisles, walkways, and communal areas shall be properly lit per Section 15-2015, Outdoor Lighting and Illumination. If the site abuts an alley, alley lighting shall also be provided.

D.

Fences/Walls.

1.

Fences and walls shall comply with Section 15-2006, Fences, Walls, and Hedges.

2.

Screen walls shall be required between all residential uses and the subject site.

E.

Open Space/Landscaping. Common Open Space and Landscaping (including trees), including irrigation systems, shall comply with the base district and with Article 23, Landscape.

F.

Private Open Space. In addition to the required common open space, a minimum of 75 percent of all dwelling units must have a minimum 50 square feet of private, exterior, usable open space directly accessible from the unit, with no dimension less than five feet. This private open space may be located in a required front, street side or rear yard, but shall be no closer than nine feet to the lot line. At grade private patios shall be provided with an irrigation system and/or a hose bib. Private open space areas shall provide a minimum of one exterior light.

G.

Laundry Facilities. A laundry room shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

H.

Private Storage Space. Each dwelling unit shall have at least 120 cubic feet of enclosed, weather-proofed, and lockable private storage. Such space shall be in addition to closet space (i.e., bathroom, linen/coat closet, bedroom closet) normally expected within each unit. The storage units shall be attached to the dwelling unit and shall be constructed of similar material of the unit. If the unit provides a garage, the garage shall satisfy this requirement.

I.

Pedestrian Access. Pedestrian access shall be provided to Major Streets, trails, schools, on-site amenities, etc.

J.

Parking Lot Shading. Parking Lot Shading shall comply with Article 24, Parking and Loading.

K.

Rooftop Equipment. Rooftop equipment shall be incorporated into the design of the roof and/or screened by a parapet that is architecturally integral to the building.

L.

Refuse Collection Areas. Refuse Collection Areas shall comply with Section 15-2016, Trash and Refuse Collection Areas. Refuse areas shall be strategically located to best serve the residents.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3906. - BUILDING AND MECHANICAL CONDITIONS.

The following shall be inspected and approved by the Building Official.

A.

Housing Regulations. The project shall conform to the applicable standards of the City Housing Code.

B.

Electrical Requirements.

1.

All indoor and outdoor receptacles shall have three-wire grounding.

2.

Ground-fault circuit interrupters shall be provided in areas as required by the Building Official.

3.

All bedrooms shall have at least four receptacles.

4.

The combined living and dining room area shall be provided with at least four receptacles.

5.

A receptacle shall be provided for kitchen counter space of more than 30 linear inches.

6.

Separate electrical meters and overcurrent devices shall be provided for each unit.

7.

Any other electrical systems deemed necessary.

C.

Plumbing Requirements. All cross-connections shall be corrected.

D.

Building Requirements.

1.

Access shall be provided for the entire attic area.

2.

Draft stops shall be provided in the attic area.

3.

All glass doors and panels subject to human impact shall comply with Federal Glazing Standards.

4.

All applicable provisions of the Municipal Code relating to stairs, exits, and occupant loads, and to fire extinguishing systems.

5.

Smoke/Carbon Monoxide alarms, of a type and in numbers and locations as per the Building Code as approved by the Building Official, shall be installed.

6.

Each sleeping area shall be provided with a window of a size and in a location which will allow its use as an emergency exit.

7.

Compliance with the applicable provisions of the California Fire Code, as adopted in Chapter 10, Article 5 of the Fresno Municipal Code, shall be required. The installation of fire sprinklers is required in accordance with NFPA 13R for multi-unit residential buildings. For buildings with existing fire sprinkler systems, all portions of the system shall be inspected, repaired as necessary, and certified as to full compliance with applicable standards by a licensed fire sprinkler contractor.

8.

The applicable provisions of relevant State and local codes.

E.

Mechanical Requirements. All combustion air for water heaters, furnaces, and clothes dryers shall be provided from outside the building.

F.

Energy Requirements.

1.

R-11 wall insulation and R-19 ceiling insulation shall be provided for each unit.

2.

All exterior doors and windows shall be weather-stripped.

3.

Heating and cooling air ducts shall be insulated according to the requirements of the Uniform Mechanical Code.

4.

Heating and cooling air duct joints shall be sealed with pressure-sensitive tape.

5.

Heat pumps with electric resistance back-up shall be controlled with a two-stage thermostat.

G.

Noise Requirements. An interior noise level of no more than 45 dB CNEL attributable to exterior sources shall be allowable in any dwelling unit.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 71, eff. 7-27-25).

Sec. 15-3907. - CONDITION OF EQUIPMENT AND APPLIANCES.

A.

Identification of Equipment. Mechanical equipment shall be permanently identified as to the area or space served.

B.

Condition of Equipment. The subdivider shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, furnaces, and air conditioners which are provided are in operable working condition as of the close of escrow, and shall state specifically the warranty provisions which are included. At such time as the owners' association takes over management of the project, the subdivider shall provide written certification to the association that any swimming pool and pool equipment and any appliances and mechanical equipment to be owned by the association are in operable working condition, and shall specifically include the warranty to be applied thereto.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3908. - PROCESSING AND CONSIDERATION OF APPLICATIONS.

A.

Pre-Application, Application Filing, and Completeness Review. Refer to Section 15-3302, Form and Contents, 15-3304, Pre-Application Consultation, and 15-3305, Application Filing and Completeness Review.

B.

Referrals and Review. Refer to Section 15-3307, Referrals and Review.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Obligation to Provide Notice of Intent to Convert Residential Real Property. The subdivider shall provide notice of intent to convert to all existing and/or prospective tenants and sublessees, at the subdivider's expense, in compliance with this section and Sections 66452.9 and 66452.51 of the Map Act.

B.

Approval of Notice. The Director shall approve the notice of intent to convert before it is sent to the tenants.

C.

Contents of the Notice of Intent to Convert. The notice of intent to convert shall be submitted with the application for a residential condominium conversion. The form of the notice shall be as approved by the Director and shall contain not less than the following:

1.

Name and address of current owner;

2.

Name and address of the proposed subdivider;

3.

Approximate date on which the Tentative Map is proposed to be filed;

4.

Approximate date on which the Final Map is expected to be filed;

5.

Approximate date on which the unit is to be vacated by nonpurchasing tenants;

6.

Tenant's right to oppose the proposed project by petition to, and appearance and testimony before the Commission and/or Council;

7.

Tenant's right to purchase;

8.

Tenant's right of written notification to vacate;

Tenant's right to terminate lease;

10.

Statement regarding rent increase limitation;

11.

The Relocation Assistance Program required by Section 15-3903-D;

12.

The sales information required by Section 15-3904-E;

13.

A copy of Section 15-3913, Findings;

14.

A list of resources for tenant relocation support; and

15.

A list of nearby and comparable vacant residential units.

D.

Verification. The subdivider shall provide the Director with satisfactory proof that the notice was given in compliance with this section.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 63, eff. 1-18-19).

A.

Right to Purchase. As provided by the Map Act (Section 66427.1(b)), tenants, at the time the application is filed, shall be given a nontransferable right of first refusal to purchase the unit occupied by the tenant at a price no greater than the price offered to the general public; provided, however, that the subdivider may reserve the right to repurchase the unit at the same price if the subdivider offers a discount or special terms of sale to tenants, and the tenant sells or offers for sale the unit within six months of the date of the close of escrow for such unit.

B.

Rent Increase Limitation. A tenant's rent shall not be increased more than eight percent per year from the time of filing of the application for a Tentative Map until relocation takes place, the subdivision is denied, the approved Tentative Map expires, or the subdivision is reverted to acreage.

C.

Conditions of Map Approval. The information required by this article shall be conditions of any approved Tentative Map and requirements of the Final Map. The RAP shall specify that the plan will become effective upon the occurrence of the approval Final Map by the City, or the receipt by any tenant of a notice that tenancy will be terminated for purposes of conversion, whichever is earlier. Failure to comply with such conditions or any notice requirement as set forth in this article shall be grounds for denial of the Final Map and for denial of occupancy permits for individual units. In addition to any other findings required by law, no Final Map shall be approved unless the Council makes the findings required by the Map Act (Section 66427.1) relating to tenant noticing. Tenant concerns regarding the subdivider's failure to comply with conditions of the map approval and requirements of this article shall be investigated by the Department of Housing and Community Development.

D.

Buyer Information. Prior to the execution of any agreement for sale, the subdivider shall provide each purchaser with a copy of the information required by this article. Copies of the report shall be made available at all times at the project sales office.

E.

Cooling Off Period. Any tenant or other prospective buyer who signs a binding agreement for purchase shall be released without penalty from that obligation if, within 96 hours, the buyer notifies the seller in writing of his or her desire to rescind the agreement.

F.

Pest Report. Prior to the signing of any binding agreement for purchase, a structural pest report shall be made available to the prospective purchaser.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Notice and Hearing(s). Following the review and recommendation by the Director, who shall consult the SRC, the Commission and Council shall conduct public hearings. Notice and conduct of the hearings shall comply with Section 15-3309, Decision. The City shall mail written notice of all public hearings conducted for the project to residents within the proposed project area.

B.

Timing. In compliance with the Map Act (Section 66452.1), a public hearing on a Tentative Map shall be scheduled, and action shall be taken, within 50 days after:

1.

The Tentative Map application has been deemed complete; and

The 50 day time period shall commence after certification of the environmental impact report, adoption of a negative declaration, or an environmental assessment that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

C.

Distribution of Staff Report.

1.

In compliance with the Map Act (Section 66452.3), the staff report shall be made available and served to the subdivider and tenants of subject property at least three days before any hearing or action on the Tentative Map by the Commission.

2.

Wherever the Map Act requires that each tenant be notified of either an upcoming hearing and/or a copy of a report of the pending conversion, the applicant, at their own expense, shall be responsible for providing such notification. Proof shall be provided to the City.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3912. - RECOMMENDATION AND DECISION.

A.

Commission. The Commission shall:

1.

Consider the recommendations of the Director, any agency comments, and any public comment, including written and verbal testimony;

2.

Review and evaluate each conversion as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any operative plan, or development plan, and the Map Act. The Commission's evaluation shall be based on the staff report, information provided by an environmental assessment, and any public comment, including written and verbal testimony received;

3.

Make a recommendation on the proposed conversion to the Council.

B.

Council. The Council shall take action on all application(s) and shall approve, conditionally approve, or deny the application.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Grounds for Approval. In addition to the findings required by this Subdivision Ordinance, the Council shall make all of the following findings:

1.

The proposed conversion complies with State regulations.

2.

The proposed conversion is consistent with the General Plan and any applicable operative plan;

3.

The conversion is consistent with the purposes of this article;

4.

The proposed conversion complies with the strict application of this article, including the Property Development Standards; and

5.

Each tenant has received or will receive a notice of the pending conversion in accordance with this article and the Map Act (Sections 66427.1 and 66452.3).

B.

Grounds for Denial. The Council may deny an application for a residential condominium conversion upon making one or more of the following findings:

1.

The overall design and physical condition of the condominium conversion do not achieve a high degree of appearance, safety, comfort, and utility;

2.

The cumulative effect of the proposed conversion will cause a significant percentage of low- and moderateincome rental units to be removed from the city's housing stock;

3.

The RAP proposed by the subdivider, will not sufficiently reduce the detrimental impact of the conversion on the tenants.

Vacancies in the project have been caused by the subdivider for the purpose of preparing the project for conversion, from and after the 24-month period preceding the application for the conversion, by means of substantive rent increases or substantive increases in the number of evictions or tenancies terminated by the subdivider;

5.

Approval of the proposed project would cause the displacement of any of the following in an area where sufficient available comparable replacement housing does not exist:

a.

Families having minor children;

b.

Elderly tenants;

c.

Tenants with disabilities;

d.

Low-income tenants; or

e.

Student tenants during the school year.

6.

The subdivider has engaged in discriminatory rental practices against persons within the groups referred to in Subparagraph 5 of this subsection. Discriminatory rental practices include, but are not limited to, refusal to enter into a lease, termination of an existing lease, and eviction from a leasehold.

7.

Based upon information contained in the application, the report, and recommendations of the Director; or presented at the hearing, approval of the residential condominium conversions would be inconsistent with the purposes of this article and with the general health and well-being of the residents of the city.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3914. - EXPIRATION OF RESIDENTIAL CONDOMINIUM CONVERSION PERMIT.

A condominium conversion permit shall lapse and become void 36 months after the date on which the permit became effective, unless a certificate of occupancy is issued prior to the expiration date. A condominium conversion permit may be extended by the Council upon the written request of the permittee prior to the initial expiration date.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Purpose. The ownership of commercial and industrial condominiums is distinguished by a sharing of responsibility that is not common to most other types of development. As a result, the purpose of this section is to establish criteria for the conversion of existing buildings to commercial or industrial condominiums to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large.

B.

Applicability. The regulations set forth in this section shall apply to the conversion of existing buildings into commercial or industrial condominiums. If a commercial or industrial condominium conversion is proposed in combination with a residential condominium conversion, the requirements of this section and Section 153902, Residential Condominiums, shall be read together, with the relevant requirements applying to the portions of the project.

C.

Application. In addition to other required permit application material, the applicant of a proposed commercial or industrial condominium conversion project shall submit:

1.

Physical Elements Report. A report shall be provided, detailing the structural condition of all physical elements of the proposed project as they exist at the time of application and as they are to be made by the subdivider prior to the sale of any units in order to refurbish and restore the project and to achieve a high degree of appearance, safety, comfort, and utility. Such elements include, but are not limited to: foundations, interior and exterior walls, ceilings, floors, roofs, insulation, sound transmission characteristics, water heaters, furnaces, air conditioners, recreational facilities and equipment, and maintenance equipment. Regarding each such element, the report shall state the age and present condition, the approximate useful remaining life, the cost of maintenance and replacement, and the proposed means of paying for the maintenance or replacement of the element.

2.

Project Plan. A complete plan certified as to accuracy by a licensed civil engineer or architect, containing the following information pertaining to the project as it exists and as it is proposed:

a.

Site and structure information, including all buildings, structures, yards, landscaping, open spaces, signs, and number and sizes of buildings;

b.

Accessory facilities information showing the locations and describing the nature and extent of recreation facilities, laundry facilities, maintenance facilities, office areas, storage areas, and trash storage areas;

c.

Easement information showing the locations and dimensions of public utility, water, sewer, and drainage easements; and

d.

Parking and access information, showing all points of regular access and emergency vehicle access, the locations, dimensions and total number of covered and uncovered parking spaces provided for employees and guests, and the dimensions and locations of all aisles, driveways, turning areas, and obstructions, including, but not limited to, columns, poles, walls, and trees.

3.

Site Amenities. A report outlining the condition and responsibility of the parking lot, landscaping, signs, communal areas, etc.

4.

Notice to Tenants. Evidence of written notice provided to each tenant explaining that the owner intends to apply to the City for a condominium conversion. The notice to tenants must be sent at least six months before the application is submitted to the City, and further notice must be given to any tenant who occupies the building after the original notice was sent.

5.

Project Documents. The applicant shall submit the proposed declaration of covenants, conditions, and restrictions to be applied to the project. The declaration shall include, but shall not be limited to, the following information:

a.

An agreement providing for common area maintenance including recreational facilities, landscaping of the project and all public right-of-way abutting the project, and all structural, mechanical, and utility elements of the proposed project, together with an estimate of initial assessment fees anticipated for the initial and future maintenance and replacement of such facilities and elements;

b.

A requirement that the owners' association maintain all private water, sewer, and storm drainage lines serving the project, and pay all charges for water, sewer, and waste collection service for the project;

c.

A provision granting emergency access to the project site by, and right of entry to, the City;

d.

A provision granting to the City the right to enforce the declaration;

e.

The assignment of parking and storage spaces;

f.

A grant of all easements and cross-easements for access, utilities, and maintenance necessitated by the conversion;

g.

A requirement that the owners' association provide or require adequate fire insurance protection for the project, including each structure, each unit and its contents, and the common area and facilities;

h.

A provision prohibiting the alteration of any party wall or fixture along any party wall, or the doing of anything which may impair its integrity as a fire wall; and

i.

A provision granting the City the right to veto any amendment to the declaration with respect to any of the requirements of this subsection.

6.

Unavailability of Information. When the applicant can demonstrate that information required by this section is not available, this requirement may be modified by the Director if they determine that such modification is consistent with the purposes of this article.

7.

Additional Information. Any other information shall be submitted by the applicant which, in the opinion of the Director, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 40 - COVENANTS, CONDITIONS, AND RESTRICTIONS

This article outlines the requirements for Covenants, Conditions, and Restrictions (CC&Rs) that are required for various approvals of land divisions.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4002. - WHEN REQUIRED.

Whenever a subdivision includes area under common ownership, the use and operation of which is administered by an owners' association, it shall be regulated by Covenants, Conditions, and Restrictions (CC&Rs).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4003. - REQUIREMENTS.

CC&Rs shall incorporate the following provisions:

A.

Applicable State regulations;

B.

The City shall be granted the right of immediate access to all portions of the common areas for the purpose of preserving the public health, safety, and welfare;

C.

The association shall have the duty to maintain and repair all on-site sewer, water, and storm drainage facilities, unless the City or Flood Control District have determined that a particular facility should be public to provide necessary system completion or otherwise protect public health, safety, and welfare;

D.

The association shall have the duty to pay all utility and waste collection charges which are not separately metered and billed, including, but not limited to, charges for sewer, water, gas, solid waste, sanitation, and electric service;

E.

Should public utilities, including, but not limited to, sewer and water be located underneath private streets, or should the street be public while said utilities be private, language shall be provided indicating that the City shall not be responsible for private pavement repairs beyond the minimum amount this is directly related to the future utility main repair work.

F.

No property owner shall alter, modify, reconstruct, or do any other thing to any party wall or to any plumbing, electrical, or mechanical fixture located along such wall which will impair the integrity of the wall as a fire separation without the review and approval of the Building Official;

G.

Landscaping shall be provided and maintained by the association in those common areas adjacent to public streets and highways. The association shall provide and maintain the landscaping in such areas in a manner compatible with the requirements of the Development Code, and shall not decrease the amount of

assessments charged against members of the association if such decrease will adversely affect the ability of the association to perform this maintenance; and

H.

The association shall be responsible to provide street sweeping/cleaning within the common areas. The association shall be responsible for the cost(s).

I.

Any amendment by the association to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

In addition to the above provisions, CC&Rs for Common Interest Developments (Condominiums) shall incorporate the following provisions:

A.

Enforcement. The Association shall be responsible for enforcing and implementing its CC&Rs.

B.

Conveyance of Private Open Space. The surface area and appurtenant air space of private open space areas, including, but not limited to, the patio, deck, balcony, solarium, or atrium 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.

C.

Assignment and Use of Required Parking Spaces. Required parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project. To the maximum practicable extent, the 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 parking space of another unit.

D.

Right of Public Entry to Common Area. Officers, agents, and employees of the City, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all common areas 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.

E.

Maintenance of Common Area. Provision shall be made both for annual assessments of the owners 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. Both annual and special assessments may be collected on a monthly basis. The remedies which the condominiums' association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.

F.

Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced as well as any required access routes necessary to assure that firefighting or emergency equipment can reach and operate efficiently in all areas.

G.

Access for Construction, Maintenance, or Repairs. Each owner and the condominiums' 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.

H.

Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, State, or federal regulation, reference shall be made to the condominiums' association's right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the condominiums' association assumes control of the project, or at that time renegotiate any such contracts.

I.

Fire Access. The condominium association shall be responsible for enforcing fire lane parking restrictions, maintaining fire access gates, and for the maintenance and repair of fire hydrant, fire sprinkler, and other fire protection systems and devices. The condominium association shall notify the Fire Dept. within 72 hours of any change to responsible party contact information regarding property maintenance and parking enforcement.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4005. - CONDITIONS OF APPROVAL.

CC&Rs shall reference by incorporation any Conditions of Approval approved by the Review Authority. (Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 41 - SUBDIVISION DESIGN STANDARDS

This article establishes standards for the design and layout of subdivisions, and the design of subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan, any applicable operative plan, and zone-specific standards.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The following design and improvement standards apply to all subdivisions and shall be imposed on a subdivider as a condition of approval of a tentative map or parcel map. Exceptions to design standards may be approved if the City finds that an alternative design substantially conforms to the intent of the standards of this article, the General Plan, and/or applicable operative plans.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

When a variety of housing types and lot sizes are proposed, more intense residential development such as small lot single-unit, townhomes, row-housing, and apartments, should generally be located along Connector streets and Major Streets, while less intense residential land uses, such as larger lot single-unit homes, should generally be located in the interior of the neighborhood.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 72, eff. 7-27-25).

Sec. 15-4104. - BLOCKS.

A.

Length. Residential blocks shall be no less than 200 feet in length and no more than 600 feet in length. A deviation from this requirement may be allowed if the alignment of existing streets on adjacent properties justify it, at the discretion of the Review Authority.

B.

Width. Residential block widths shall be of such dimension as to allow an ultimate layout of two tiers of lots therein of a size required by the provisions of this article, unless:

1.

The subdivision provides a trail and homes would front onto the said amenity or other communal space.

2.

Topographic conditions justify a variation from this requirement; or

3.

The proposed homes would back onto a non-residential district or a Major Street.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Lot Size and Dimensions. Lots shall comply with the minimum size and dimension requirements of the base zoning district.

1.

Exceptions. In any Residential subdivision of five or more lots, up to 25 percent of lots may be up to 20 percent smaller in area and/or width than the normally required minimum lot area and width of the applicable base zoning district, as long as the average lot area and width for the subdivision are no less than the required minimum for the district.

B.

Oversize Lots.

1.

When a subdivision is divided into lots of a size substantially larger than those allowed in any applicable zoning district, the lots shall be designed to provide for the extension of streets, and the later division of any parcel into lots of the probable legal minimum size. This requirement may be waived when plans submitted and approved by the Commission indicate restrictions on future sub-dividing such as topography or other natural and man-made features.

2.

A covenant shall be recorded against oversized lots that have the potential to be further divided that may cause the original subdivision to exceed the permitted residential density requirements of the underlying planned land use designation.

C.

Lot Consolidation. Lot consolidation is encouraged when such consolidation results in a superior subdivision that includes some of the elements of a complete neighborhood such as a range of housing opportunities, connectivity, open space, and a well landscaped streetscape. Lot consolidation that does not include such elements is discouraged.

D.

Side Lines. The side lines of any lot, so far as is practicable, shall be at right angles to the street which the lot faces, or radial if the street is curved.

E.

Lot Frontage. Every lot shall have frontage on a public street, except under the following circumstances:

1.

Adequate internal circulation is provided by a private street or streets in an approved Planned Unit Development;

2.

Lots may have access via a rose garden or paseo in a subdivision served by communal parking spaces or an alley; or

3.

The lots are within a C or E District and the following conditions are met:

a.

Execution and recordation of a covenant with the City which, at minimum, creates mutual easements and reciprocal use agreements for cross-access, cross-drainage and shared public utility services or fire suppressions systems in a manner which affords adequate access, drainage and public services to/from a dedicated public street for the benefit of any/all lots proposed to be created without frontage on a public street.

The Mutual Easement and Reciprocal Use Agreement shall include provisions identifying obligations and responsibilities for retention and maintenance of any common or easement areas, shared utility services, systems, facilities and/or improvements which are required for the benefit of lots proposed to be created without frontage on a public street.

b.

When a lot which does not have public street frontage is proposed to be created for developed land, the subdivider shall submit a revised site plan depicting the location of proposed lot lines and the locations of all existing or proposed structures and improvements for review and approval in conjunction with the tentative or tentative parcel map.

F.

Double Frontage Lots.

1.

Double frontage residential lots are discouraged, however may be approved where conditions warrant.

2.

Major Street. If a Double Frontage lot abuts a Major Street, access shall be relinquished along the Major Street, and:

a.

A minimum 10 foot landscape area shall be provided with a minimum six-foot masonry wall at the rear thereof.

b.

Should an operative plan require a greater landscape area, the wall shall be placed at the rear of the landscape setback.

c.

A greater landscape area may be required to ensure that visibility is maintained for adjacent properties. This includes, but is not limited to, driveway and garage locations, fences, trees, etc. of neighboring properties.

d.

A greater landscape area may also be required by the Review Authority, when in the opinion of the Review Authority, a greater landscape area would be more in harmony and would add visual interest to the streetscape when adjacent properties also face a Major Street.

3.

Local Street. Double frontage lots which abut two approximately parallel streets and have a depth of less than 200 feet shall only be approved when access rights to one of streets is relinquished. In all cases, both sides of a Double Frontage Lot shall be considered front yards.

G.

Corner Lots.

1.

Major Street. A corner lot on the intersection of a Major Street shall have a property line radius as determined by the City Engineer.

2.

Local Street.

a.

When a Local Street intersects a Major Street and the corner lot sides onto the Local Street, the corner lot shall provide a ten foot landscape easement. A minimum six-foot masonry wall shall be placed at the rear of the landscape easement. A greater landscape easement may be necessary for visibility purposes. In the case of the latter, such cases shall be reviewed on a case-by-case basis.

b.

When the street side yard faces the front yard of a home across the street, a minimum landscape easement of five feet is required, unless a four foot park strip is provided between the curb and sidewalk. A minimum six-foot masonry wall shall be placed at the rear of the landscape easement. An opening in the masonry wall may be permitted to provide a gate for access if approved by the Public Works Director.

H.

Lot Access.

1.

Street Frontage Required. Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum parcel width required by the applicable zoning district. The Review Authority may exempt parcels created under a Planned Unit Development or pursuant to Section 15-4105-E from the requirements of this subsection.

2.

Single-Unit Homes on Major Streets. Lots may front a Major Street if a Frontage Road is provided, to protect a natural resource, or:

a.

The majority of the homes on the block face the Major Street and it is unlikely that the existing homes will be redeveloped with more urban uses;

b.

The backing of the home could potentially cause visibility issues for neighboring properties which are attempting to access the Major Road;

c.

The subdivision layout is considered superior in comparison to what could otherwise be developed with homes backing onto the Major Street;

d.

The site provides a circular driveway or access is provided via an alley or private easement; and

e.

The Public Works Director approves of the parcel configuration.

3.

Multi-Unit.

a.

Existing Multi-Unit Lots. May access a Major Street, however lots shall provide an on-site turnaround.

b.

New Multi-Unit Lots. Shall only be approved if an on-site turnaround is provided or if served by a public alley.

c.

Multi-Unit Private Access Easements.

i.

Private easements and access drives that only serve multi-unit lots are prohibited. For such development, access shall be from a dedicated public alley and/or public street.

(1)

An exception may be made if the number of multi-unit homes served by the private alley, easement, or street account for less than 20 percent of the total number of units within the subdivision. The maintenance of any private road or easement shall be the responsibility of the Homeowner's Association or shall be incorporated by the City's Community Facility District.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, §§ 64—66, eff. 1-18-19; Am. Ord. 2025-024, § 73, eff. 7-27-25).

All land lying within the alignment of any street shown on the circulation element of the General Plan, the City's Official Maps for a system of streets, or shown on any precise or other plan of streets adopted by the Council or other legally constituted body of the city, county, or state, or within the alignment of any local street approved by the Public Works Director, shall be dedicated consistent with the proposed alignment of said streets and with the ownership of said land.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Subdivisions of one-half acre or more in non-residential districts or resulting in five or more residential lots shall provide vehicular, bicycle, and pedestrian connectivity to all uses within a subdivision, to adjacent development, and to the surrounding street system in accordance with the following:

A.

Continuous Street System. All streets, alleys, bicycle facilities, and pedestrian ways shall connect to other streets, alleys, bicycle facilities, and pedestrian ways to form a continuous vehicular, bicycle, and pedestrian network with numerous connections within the subdivision and to adjacent development.

B.

Connector Streets. Connector Streets (refer to Section 15-4108, Street Design) connecting Major Streets shall be provided within quarter sections or other area of roughly 160 acres and surrounded by major streets.

1.

One Connector Street shall be provided approximately through the center of the quarter section which runs north to south, linking the northern and southern Major Streets. A second Connector Street shall be

provided approximately through the center of the quarter section which runs east to west, linking the eastern and western Major Streets.

2.

Should the alignment of a Connector Street be impractical due to an existing feature, it shall be developed as close as reasonably possible to the alignment described in item 15-4107-B.1 above.

3.

At the discretion of the Review Authority, Connector streets may be designed with some curves and bends in order to calm traffic.

4.

Connector Streets are not required for Industrial Districts.

C.

Non-Contiguous Sites. Subdivisions that are not contiguous with other subdivisions shall provide stub streets and other potential vehicular and non-vehicular connection points to non-contiguous subdivisions within the same 160 acre quarter section. These connection points shall be within the public right-of-way and private easements when necessary.

D.

Connections to Adjacent Areas.

1.

Connections to Existing Subdivisions.

a.

Connections shall be provided to all stub streets in all adjacent subdivisions.

2.

Connections to Future Subdivisions.

a.

Where the subdivision adjoins unsubdivided land, stub end streets in the subdivision shall be extended to the adjacent unsubdivided land to provide access to the unsubdivided land in the event of its future subdivision. There shall be one such connection for every 600 feet of adjacency.

b.

In the case of stub end streets extending to the boundary of the property, a barricade, the design to be approved by the City Engineer, shall be constructed at the end of the stub end street, pending the

extension of the street into adjacent property. A temporary connection to another street, or a temporary turnaround, may be required by the Review Authority.

E.

Emergency Vehicle Access. Emergency vehicle access shall be determined on a case-by-case basis by emergency responders.

F.

Access Points to a Major Street. Ingress and egress into a subdivision from a Major Street to a local or connector street shall be provided at a spacing of no less than 600 feet.

G.

Pedestrian and Bicycle Paths. Continuous and convenient bicycle and pedestrian access shall be provided from every home within a subdivision area to the nearest neighborhood center, school, and park.

1.

Safe Routes to Schools. Pedestrian and bicycle routes to schools shall be identified at the time of project submittal.

2.

Barriers. Fencing, sound walls, and other barriers between residential and non-residential uses shall provide openings or other mechanisms to allow bicycle and pedestrian access between uses. If the residential use is a private, gated community, such openings may be locked if all residents have a code, key, or other means of access.

3.

Links between Residential and Non-Residential Areas. Pedestrian paths from residential areas shall be provided to adjacent Commercial, Mixed-Use, and Office districts. Pedestrian paths shall be a minimum of 15 feet in width, lit, and provided at a rate of approximately 1 per 600 feet. The exact locations may be adjusted at the discretion of the Review Authority based on site conditions, safety, and pedestrian convenience. If existing development blocks all possible access points to adjacent Commercial, MixedUse, and Office districts, this section shall not apply.

4.

Access to Major Streets. For subdivisions adjacent to a Major Street, a pedestrian path (including sidewalks and trails) to the Major Street shall be spaced no more than 600 feet apart. For dead-end streets, except where there's no existing or planned pedestrian facilities, refer to Subsection 15-4108-K, Cul-de-Sacs and Dead-End Streets.

5.

Access to Bus Stops. For subdivisions adjacent to a Major Street, future bus stops locations shall be identified and pedestrian access shall be identified to minimize circuitous routes for pedestrians except in

locations with no existing or planned pedestrian access.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Streets shall be designed and constructed consistent with the City's Standard Drawings and Specifications and Public Works Director approval and as provided below.

A.

Street Orientation. Streets shall be planned in a primarily east-west orientation in order to best implement Section 15-4113, Energy Conservation, and the Map Act (Section 66473).

B.

Local Streets. Local streets shall have minimum right-of-way and roadway widths in accordance with the local street details and development density criteria of the Standard Drawings and Specifications.

C.

Connector Streets. Connector Streets shall incorporate coordinated street trees spaced to provide continuous shade for pedestrians. Connector Streets shall be designed with non-contiguous sidewalks to allow the street trees to be planted in a landscape strip between the curb and sidewalk. The planting area shall be a minimum of four feet in width.

D.

Major Streets.

1.

Major streets shall be as shown on the circulation element of the General Plan, any operative plan or any Official Plan Line, the select system of streets, or as shown on any precise or other plan of streets adopted by the Council or by other legally constituted bodies of city, county or state.

2.

All Major Streets shall be designed as Complete Streets. Complete Streets are those that provide for all users of a corridor, including pedestrians, bicyclists, transit riders, people with disabilities, senior citizens, motorists, freight providers, emergency responders, and adjacent land users. Complete Streets support all modes of transportation safely and independently in current and future conditions.

E.

Frontage Roads. Existing frontage roads in adjacent subdivisions shall be continued into the proposed subdivision in the same manner as related to width and design. Pedestrian sidewalks and bike paths are required with frontage roads.

F.

Private Streets. Private streets are prohibited except where approved as part of a Planned Unit Development or otherwise approved by the City Council. All widths and alignments of private streets shall be as shown on any precise or other plan of streets adopted by the Council and shall conform to the private street details and development criteria of the Standard Drawings and Standard Specifications. Private streets that serve multi-unit dwellings shall comply with Section 15-4105, Lot Access.

G.

Street Intersections.

1.

All streets shall intersect each other at angles as near to right angles as is practicable.

2.

All local street intersections and all intersections with Major Streets shall have minimum curb radii as established in the Standard Drawings, except that at the intersections with State highways, the standards of the California Department of Transportation shall apply.

H.

Curves.

1.

Unless the curve radius has been established on an adopted map, a curve radius shall be required as determined by the Public Works Director where a street deflects more than five degrees from a straight line.

2.

On all streets having reverse curves, a tangent of at least 100 feet between reverse curves shall be required. Subject to the approval of the Public Works Director, these requirements may be varied for local streets or when topography requires other treatment of streets to secure the best overall design.

I.

Alleys.

1.

Where alleys are planned, required, or proposed, an alley with a minimum width of 20 feet shall be installed, and the alley shall be designed to conform to Public Works Standards.

2.

Where two alleys intersect or where an alley deflects with an interior angle of less than 135 degrees, corner cut-offs of 15 feet measured from the point of any interior angle shall be required.

J.

Traffic Calming. Traffic calming street design or devices such as bulb-outs, chokers, center islands / raised medians, traffic circles, textured pavement, and painted intersections, shall be included, if required by an operative plan, or when determined to be necessary by the City Engineer, to ensure safe conditions for all users.

K.

Cul-de-Sacs and Dead-End Streets.

1.

The combined length of all cul-de-sacs and other dead-end streets in any subdivision shall not exceed 35 percent of the combined total length of all local residential streets within the subdivision. Cul-de-sacs that are connected by a trail shall be exempt from this calculation. Additional exceptions may be made at the discretion of the Review Authority if any of the following circumstances apply:

a.

The average block length of all blocks in the proposed subdivision is 400 feet or less;

b.

The applicant can demonstrate, to the satisfaction of the City Engineer, that the subdivision design will result in a rate of Vehicle Miles Travelled which is equal to or less than a subdivision which follows the culde-sac limit in item K-1 above;

c.

The site is 6 acres or less in gross area;

d.

The site is surrounded by developed properties which lack stubs to connect to; or

e.

The site is blocked by canals and expressways.

2.

Cul-de-sacs and dead-end streets may not exceed 600 feet unless there are unforeseen issues or topographical challenges or other opportunities to promote pedestrian connectivity such as access to another street or trail.

3.

All cul-de-sacs and dead-end streets shall have a turnaround per Public Works Standards.

4.

A cul-de-sacs and or dead end street may be approved as a temporary facility, without a turnaround, provided the street is designed to provide access to adjoining land that is not yet subdivided or developed. A temporary turnaround or access may be required.

5.

Cul-de-sacs and dead-end streets shall provide pedestrian and bike connections to neighboring streets, trails, commercial centers, etc.

L.

Street Names. Refer to Article 62, Street Names & Addressing.

M.

Sidewalks.

1.

All public streets shall have sidewalks constructed to City standards on at least one side of the street if there is connectivity to one of the following:

a.

An adjacent street with a sidewalk;

b.

An adjacent trail; or

c.

An adjacent alley.

2.

Streets with a sidewalk on only one side shall have two 15-gallon street trees in the front of the lot on both sides of the street.

3.

Streets that do not provide any of the connections set forth in Subsection 1.a—c above shall have sidewalks constructed to City standards on both sides of the street.

4.

Private streets are exempt from this section.

N.

Street Trees.

1.

Street tree species shall be selected from the Fresno Street Tree Palette.

2.

Street trees shall be planted per applicable Public Works standards.

3.

Street trees shall be located within a landscaped park strip of no less than four feet in width between the curb and sidewalk.

4.

Trees within the front yard of adjacent parcels may be counted toward the satisfaction of this requirement at the discretion of the Review Authority, in which case the landscape strip between the curb and sidewalk will not be required and the spacing shall be one tree per lot.

O.

Street Lighting.

1.

Installation Required. The subdivider shall cause the installation of street lighting on all streets within the subdivision and on all streets adjacent to the subdivision unless existing lighting conforms to City standards.

2.

Specifications. The type, location, and mounting heights of the luminaries shall be determined by the Public Works Director based upon the Standard Specifications and sound engineering practices consistent with the City policy for street lighting.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, §§ 67—69, eff. 1-18-19; Am. Ord. 2025-024, § 74, eff. 7-27-25).

Areas with development constraints shall be incorporated into the overall subdivision design and layout to support and enhance park and open space amenities.

A.

Major Utility Easements. Easements for major utilities such as high-tension lines and utility trunk lines shall be integrated into the proposed subdivisions such they are incorporated as open space or recreation use and shall be developed as a regional trail system. Such easements shall be designed as part of an overall open space or recreation element. Said easements shall not be blocked by fences, yards, gates, and other

similar barriers. The use and treatment of such easements is subject to the policies and restrictions of the utility provider and City.

B.

Trails and Natural Features. Proposed subdivisions that are adjacent to a trail or a canal shall incorporate them into the subdivision plan as a design feature in conformance with the City's trails plan and the following:

1.

Proposed subdivisions that are adjacent to a trail shall incorporate it into the subdivision plan as a design feature. Development adjacent to a trail shall be planned to provide pedestrian access to the trail(s) at intervals identified below.

2.

Homes should front onto a trail, or other communal area, unless:

a.

Topographic conditions justify a variation from this requirement;

b.

The proposed homes would face a Major Street; or

c.

The Review Authority determines that there are no feasible alternatives.

3.

Development adjacent to a trail shall be planned to provide pedestrian access to the trail(s) at intervals of approximately 1 per 600 feet if homes or a commercial center back onto to the natural feature. The exact locations may be adjusted at the discretion of the Review Authority based on site conditions, safety, and pedestrian convenience. Should cul-de-sacs terminate near the feature, each cul-de-sac shall provide a path to the feature.

4.

Where development is backed onto an adjacent trail, privacy walls and security walls shall be set back from the trail by a minimum distance of 10 feet and such setback shall be landscaped to be compatible with the trail landscape.

5.

Subject to approval by the Fresno Irrigation District, where canals are piped, the area above shall be integrated into the subdivision as a trail or part of an open space and/or trail system subject to Fresno Irrigation District approval.

C.

Safety and Environmental Zones. Buffers, setbacks, and no-build zones associated with safety or environmental impacts such as airport safety or noise, and freeway noise and air pollution shall be integrated into the proposed subdivision plan by designating them for alternative, allowable uses. These uses may be open space, parking, recreation, or other allowed uses. The plan shall integrate these areas and uses such that they are part of an overall system of open space, parking, or recreation and not separated from the subdivision by walls or barriers unless required by the regulation agency.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4110. - GATED SUBDIVISIONS.

A.

Subdivisions with private streets may be gated provided consideration shall be given to surrounding properties to ensure that pedestrian and bicycle access is maintained, in particular along tails and natural features.

B.

Should a gated subdivision be conditioned to dedicate and/or incorporate, as a public right-of-way, a Regional Trail (e.g., Class 1) pedestrian and other non-motorized traffic shall have the ability to move freely through the trail. Access into the residential areas may be fenced and gated, but access to the trail shall be unimpeded.

C.

Should a gated subdivision be proposed that abuts a street that was previously dedicated to provide access to the parcel where the subdivision is being proposed, the subdivider of the gated subdivision shall:

1.

Construct a cul-de-sac to provide turn-around access. Emergency access shall be provided via the cul-desac. Fencing shall be provided behind a minimum 10 foot landscape setback. The landscaping and the fencing shall be maintained by the Homeowner's Association of the gated subdivision, unless it is accepted into the City's Community Facilities District; or

2.

In situations where there are no driveways from said stub street, the developer may petition the City to vacate the stub street to the adjoining parcels, provided the owners are willing to accept the property and the developer bears all cost(s) associated with fulfilling the conditions of the vacation. Moreover, all indications of a street, such as curb, gutter, sidewalk, etc., shall be removed by the petitioner and shall be converted to private ownership.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4111. - RESTRICTED ACCESS BARRIERS.

Restricted access barriers controlling the access to other streets or other public right-of-way from adjoining property shall not be approved unless such barriers are necessary for the protection of the public welfare or of substantial property rights, and in no case will they be approved unless and until the control and disposition of the land comprising such strips are dedicated to the City under conditions approved by the Review Authority.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Subdivisions shall reserve land for pedestrian-accessible parks and playgrounds. The size and location of such reserved land shall be consistent with the General Plan's park and open space policies and policies and standards of other adopted applicable planning documents.

A.

Standards for Reservations.

1.

The reserved area is of such size and shape as to permit the balance of the land within which the reservation is located to develop in an orderly and efficient manner.

2.

The amount of land shall be determined per Article 37, Dedications and Reservations and the Open Space Design Guidelines.

B.

Park Frontage. A minimum of 50 percent of the perimeter of any public park must abut a street, external trail, internal lit trail that connects to an external trail or sidewalk, sidewalk, or similar facility that is accessible and visible to people traversing the neighborhood. Homes shall generally face or side the park.

C.

Park Accessibility. Park sites shall be centrally located, providing access within a half-mile walking distance to new residential development. Multiple Pocket and Neighborhood parks may serve to satisfy this requirement.

D.

Pocket Parks. Pocket parks shall be distributed throughout the subdivision.

E.

Detention Basins. In coordination with the Flood Control District, detention basins that serve residential neighborhoods shall be designed to accommodate recreational uses and shall be treated as an aesthetic amenity.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Per the Map Act (Section 66473), the subdivision design shall provide for passive or natural heating or cooling opportunities and for other measures that conserve nonrenewable energy resources, consistent with the General Plan. Design measures to accomplish these objectives may include, but are not limited to, the arranging of streets, lots, buildings and landscaping. The purpose of such design measures shall be to provide solar access for active solar water and space heating systems and passive space heating, minimize solar heat gain in the summer, and take advantage of prevailing breezes.

A.

Design Guidance; No Reduction in Density. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing the maximum allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable standards of this Code in force at the time the tentative map is filed.

B.

Exemptions. The requirements of this section do not apply to condominium conversion projects which consist of the subdivision of airspace in an existing building when no new structures are added.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4114. - UNDERGROUND UTILITIES.

All existing utilities, including electrical systems, and communication systems, and street lighting distribution systems shall be placed underground throughout a subdivision, which includes a tract or parcel map, except as follows:

A.

Existing Major Lines. Undergrounding of existing overhead wires and associated overhead structures used for conveyance of electrical energy at transmission voltages, nominally in excess of 21,000 volts, or major transmission trunk communication lines shall not be required.

B.

Existing Utilities in Industrial Districts. Undergrounding of existing overhead wires and associated overhead structures used for the distribution of electrical energy or communication lines within certain industrial zone districts shall not be required provided the subdivider shall:

1.

Execute a covenant, which shall be recorded and run with the land, agreeing to participate and support any improvement district formed for the purpose of undergrounding the existing overhead utilities; and

2.

Install or agree to install conduit of sufficient number and size, as determined by the utility company, to accommodate the future undergrounding of existing overhead utilities.

C.

Appurtenant Equipment. Equipment appurtenant to underground facilities, such as transformers, terminal boxes, amplifiers, splice boxes, meter cabinets and concealed ducts, may be surface-mounted provided that such equipment is located in utility easements outside the street right-of-way.

D.

Waiver by Public Works Director. The Public Works Director may waive the requirement to underground existing overhead services to street lighting or other utility systems as a condition of approval of any subdivision as provided below:

1.

Required Findings.

a.

The property is located in an area where 90 percent or more of the surrounding properties have overhead utilities; and

b.

The property is not in a Growth Area as defined by the General Plan.

2.

Stipulations. If a waiver is granted, the subdivider shall:

a.

Execute a Covenant, which shall be recorded and run with the land, agreeing to participate in and support any improvement district or underground utility district formed for the purpose of undergrounding the existing overhead utilities; and

b.

Install or agree to install conduit of sufficient number and size, as determined by the utility company, to accommodate the future undergrounding of existing overhead utilities.

E.

Utility Operator Objection. The requirement to place utilities underground may be waived at the discretion of the Review Authority if the entity which operates the utility finds the underground placement to be infeasible.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Maintenance of landscaping, trails, open space, lighting, street furniture, local street improvements, etc., outlined in this article shall be included in the Community Facility District and/or Homeowner's Association as determined by the City.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 42 - LOT LINE ADJUSTMENTS, MERGERS, AND REVERSIONS

This article provides for the adjustment of the size and configuration of lots through a Lot Line Adjustment or Lot Merger. This includes the procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustment applications, consistent with the policies of the General Plan, the requirements of the Map Act (Section 66412(d)), and the procedures for voluntary Parcel Mergers.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4202. - LOT LINE ADJUSTMENTS.

A.

Applicability. As provided by the Map Act (Section 66412(d)), a Lot Line Adjustment procedure is for the purpose of relocating lot lines between four or fewer existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where:

1.

No more parcels are created than originally existed;

2.

No additional lots or building sites are created; and

3.

The Lot Line Adjustment shall not result in the creation of an additional substandard lot, nor in a decrease in the size of an existing substandard lot.

B.

Application. A Lot Line Adjustment application shall include the following information as required by the City Engineer:

1.

Proof of the legal status of the parcel;

Plot plan showing existing lot dimensions;

3.

Deed or record of survey showing proposed lot dimensions; and

4.

Other information necessary to conform with the General Plan, Building Code, and this Code.

C.

Criteria for Approval of Lot Line Adjustments. The City Engineer shall approve a Lot Line Adjustment based on a determination that it will meet all of the following criteria:

1.

The adjustment is between four or fewer parcels and no additional parcels are created;

2.

No street or alley dedication or improvement is necessary to adequately serve the properties affected by the proposed Lot Line Adjustment;

3.

The lots proposed in the adjustment will comply with the provisions of this article, the Subdivision Map Act, the General Plan, and the Development Code;

4.

The zoning and the Planned Land Use are consistent per the operative plan(s);

5.

The lots proposed in the adjustment will comply with the provisions of the Building Code;

6.

The adjustment shall not result in the creation of an any new nonconformities, including, but not limited to, signage, parking, fencing, etc.;

7.

The resulting parcels do not interfere with existing utilities, infrastructure, or easements;

D.

Completion.

1.

Recording with County Recorder. A Lot Line Adjustment shall not be effective until a deed signed by the record owners has been recorded. The applicant shall submit the legal description to the City Engineer for review and approval of this, before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a person authorized to practice land surveying in the State.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-4203. - VOLUNTARY PARCEL MERGERS.

A.

Required Mergers. Pursuant to the Map Act (Section 66451.10) and the requirements of this Subdivision Ordinance, the City may initiate the merger of two or more contiguous parcels or units held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel or lot size established by the Development Code, and if the requirements as stipulated in the Map Act (Section 66451.11) are satisfied.

B.

Mergers Initiated by the Property Owner.

1.

Applicability. Upon request of the legal owners of contiguous parcels, the City Engineer, following a recommendation by the Director, may approve the merger of the property in compliance with the Map Act (Section 66499.20 3/4).

2.

Review. An application shall be made to the City Engineer.

3.

Request for Determination. Upon written application by the owner to the City Engineer, the City Engineer shall determine whether the affected parcels shall be merged and shall notify the owner of the determination. If the City determines that the parcels shall not be merged, the owner may file a written request for a hearing with the City Engineer pursuant to the requirements of this section. If the City determines that the parcels shall be merged, a determination of merger shall be recorded.

4.

Recording with the County Recorder. Upon approval, a notice of the Lot Merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer.

C.

Mergers Initiated by the City.

1.

Notice of Intention to Determine Status. The Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged, and the owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the County Recorder on the same day that the notice is mailed to the property owner.

2.

Hearing on Determination of Status. The owner of the affected property may file a written request for a hearing with the Director within 30 days after the recording of the notice of intention to determine status. Upon receipt of the request, the Director shall set a time, date and place for a hearing and notify the owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements of this article.

3.

Determination of Merger. At the conclusion of the hearing, the Commission shall determine whether the affected parcels shall be merged or not and shall notify the owner of the determination.

a.

If the Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger within 30 days of the Commission's decision unless the owner files an appeal.

b.

If, within the 30 day period following the recording of the notice of intention to determine status, the owner did not file a request for a hearing, the Director and City Engineer shall make a determination that the affected parcels are to be merged or are not to be merged. If the Director and City Engineer determine that the parcels shall be merged, the City Engineer shall record a determination of merger within 90 days following the mailing of the notice of intention to determine status if there is no hearing.

c.

The determination of merger shall specify the name of the record owners and a description of the property.

d.

If the City determines that the parcels shall not be merged, the City Engineer shall record a release of the notice of intention to determine status and shall mail a clearance letter to the owner of record.

D.

Unmerged Parcels. A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Section 66451.30 of the Map Act. If the Director determines that the parcels meet the standards specified in Section 66451.30, the City shall issue the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.

E.

Allowance for Minor Deviation. For small, oddly shaped, and hard-to-develop lots, a greater Minor Deviation allowance may be permitted. See Section 15-5602-B.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Subdivided property may be reverted to acreage in compliance with the procedures and requirements of the Map Act (Sections 66499.11 et. seq.).

(Added Ord. 2015-39, § 1, eff. 1-9-16).