LODGING-TO-DWELLING CONVERSION REQUIREMENTS.
Fresno Municipal Code § 15-2737.5
in effectSEC. 15-2737.5. - LODGING-TO-DWELLING CONVERSION REQUIREMENTS.
A. Purpose. The purpose of this section is to allow for the conversion of existing hotels or motels from a commercial lodging use to a residential use which will provide housing to non-transient residents and facilitate bringing these hotel or motel buildings into safe and habitable condition as required by State and local law.
B. Applicability.
1. Hotels and motels that were constructed prior to January 1, 2020, and have previously accommodated or currently accommodate non-transient residents are eligible to apply for a lodging-to-dwelling conversion.
2. Lodging-to-Dwelling Conversions shall be permitted in any Base District and/or Overlay District in which an Eligible Hotel may exist, including any Base District and/or Overlay District that does not permit Residential Use Classifications.
3. This section shall not apply to a conversion that involves the construction of new structures for residential use or a significant enlargement of existing structures. For purpose of this section, the term "significant enlargement" shall mean a new building or expansion of existing buildings such that the number of individual units is increased.
C. Permit required. An application for a Lodging-to-Dwelling Conversion shall require a Conditional Use Permit subject to Article 53 and an assessment pursuant to the California Environmental Quality Act (CEQA) shall be conducted.
D. Definitions.
1. "Eligible Hotel" shall be defined as an existing hotel or motel building, constructed prior to January 1, 2020, that offers lodging to non-transient residents, for all or a portion of the facility that is eligible to apply for a lodging-to-dwelling conversion. Provision of one residential unit for an on-site manager shall not disqualify a hotel or motel from being defined as an "Eligible Hotel."
2. "Non-transient residents" shall be defined as a person who resides in a non-transient facility for a period of thirty-one or more consecutive days.
E. Compliance with Existing Regulations. The following requirements shall apply to all lodging-to-dwelling conversions and are currently enforceable in relation to existing hotels, motels and non-transient facilities under state and local laws and regulations:
a. An Eligible Hotel shall bring the subject hotel or motel building into full compliance with the California Building Code, the California Fire Code, and the California Electrical Code, as may be amended and any local amendments thereto.
b. An Eligible Hotel shall be subject to the occupancy classifications and change of occupancy requirements in the California Building Code based upon the classification most similar to the primary use of the facility, as determined by the Building Official.
c. An Eligible Hotel offering rooms to non-transient residents shall not operate if the facility or any portion of the facility exists with any of the conditions necessary to be declared a substandard building within the meaning of California Health and Safety Code section 17920.3, as may be amended.
d. In the event an Eligible Hotel is declared a substandard building or otherwise exists with any of the conditions necessary to be declared a substandard building, the Eligible Hotel shall be subject to the provisions of Fresno Municipal Code sections 1-301 et seq.
F. Minimum Standards for Lodging-to-Dwelling Conversions.
a. Fire Safety. Eligible Hotels shall either:
i. Be built with fire-resistive construction; or
ii. Be equipped with fire-extinguishing systems or equipment as set forth in the California Building Code and California Health and Safety Code.
b. Lavatory. All bedrooms shall provide private lavatory and bathing facilities in each unit, including but not limited to the following:
i. Bathroom sink.
ii. Toilet.
iii. Shower or tub and shower combined facility.
c. Heating and Cooling. Eligible hotels shall provide heating and cooling equipment in each unit.
d. Food Storage and Preparation. Eligible hotels shall provide access to cooking and refrigeration spaces to non-transient residents by either of the following options:
i. Efficiency Unit Kitchens. Providing a refrigerator of at least two thirds the size of a standard refrigerator, a separate sink for food preparation, microwave, a cooking appliance such as an oven and stove or efficiency cooktop with unobstructed ventilation, and a non-porous washable surface suitable for food preparation, constructed in compliance with the California Building Code, and an optional microwave; or
ii. Common Use Kitchen. Providing a dedicated common-use space on the premises with kitchen facilities to be used by non-transient residents. A full kitchen will be required for every 6 units. A full kitchen is defined as being a minimum of 100 square feet in size and containing the following fixtures: a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as an oven and range or cooktop. Kitchen and food storage facilities shall be constructed in compliance with the Americans with Disabilities Act, California Code of Regulations, California Building Code, California Plumbing Code, California Electrical Code, and California Fire Code, as may be amended (including local amendments). In addition to the requirements of the above applicable codes, kitchen facilities shall be constructed with unobstructed ventilation for all cooking appliances, non-porous materials shall be used for all food preparation surfaces, and all surfaces shall be washable.
e. Electrical Capacity. Eligible hotels shall provide electrical capacity, subject to review, inspection, and approval of the Building Official as follows:
i. A main electrical panel sufficient to accommodate non-transient occupants in all units; and
ii. A sub-electrical panel for each unit in the facility. Each sub-electrical panel shall have sufficient capacity to accommodate a refrigerator, a cooktop, and a microwave, in addition to any electrical capacity needs generated by lighting, heating and cooling appliances, televisions, and personal appliances including but not limited to computers or cellular phones; and
iii. Any other improvements related to the provision of electricity deemed necessary by the Building Official to preserve the public health and safety.
f. Converted Efficiency Units. Units converted to residential efficiency units shall comply with Health and Safety Code section 17958.1 and occupancy by no more than two persons is permitted when the unit has a minimum floor area of 150 square feet, and partial kitchen or bathroom facilities as set forth in the Minimum Standards, above.
G. Maximum Density. Density limitations set forth in the applicable Base District and/or Overlay District shall not apply to Lodging-to-Dwelling Conversions. The number of dwelling units that are created shall not exceed the number of lodging units that are removed from the Eligible Hotel.
H. Other Capacity Inspections. Eligible Hotels shall complete plumbing, structural, and mechanical improvements sufficient to accommodate non-transient residents, and as deemed necessary by the Building Official to preserve the public health and safety. These improvements are subject to review, inspection, and approval of the Building Official.
I. Legal Non-Conforming Uses, Structures and Site Features. Except for any and all changes, including but not limited to structural changes, required for the conversion of an Eligible Hotel, the provisions of FMC 15-404 and 15-405 will apply to uses, structures and site features that are related to an Eligible Hotel. An Eligible Hotel is permitted to convert any use, structure or site feature to become a conforming use that is compliant will all state and local codes.
(Added Ord. 2020-031, § 1, 9-1-20).
Source: City of Fresno, California, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIIREAPSOALDI_ART27STSPUSAC_S15-2737.5LO-DCOREFetched: 11/1/2026