Fresno Municipal Code Art. 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).

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).

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:

1. 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).

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).

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).

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).

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;

9. 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

2. 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).

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 moderate-income 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.

4. 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).

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 15-3902, 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).