Fresno County Zoning Code Ch. 846.5 Director’s Review and Approval

The purpose of this Chapter is to protect the integrity and character of the residential, commercial, and industrial areas of the County, through the application of provisions of this Chapter consistent with the General Plan. The application will be reviewed for conformance to established standards.

• A. Director’s Review and Approvals listed in Article 2. The land use activities listed in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) may be allowable subject to the approval of a Director’s Review and Approval.

• B. Unclassified Director’s Review and Approvals for specified uses. In addition, to those uses allowed subject to a “Classified” Director’s Review and Approval listed in Article 2, the following uses may be allowed by Unclassified Director’s Review and Approval, except where expressly prohibited:

  1. Ham radio towers which exceed the maximum structure height allowed in the zone.

  2. Billboards, limited to the C-3, C-4, C-6, C-M, M-1, M-2, and M-3 zones, with a sign face area exceeding 75 square feet and/or a height exceeding 18 feet, subject to the provisions of Chapter 830.3 (Signs).

• C. Class II Home Occupations. Class II Home Occupations may be allowed subject to the review and approval of a Director’s Review and Approval in compliance with this Chapter and Section 834.4.190 (Home Occupation Standards).

• A. Filing. An application for a Director’s Review and Approval, together with the required fee in compliance with the Master Schedule of Fees, shall be filed with the Department in compliance with Chapter 838.5 (Application Filing, Processing, and Fees).

• B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials specified in the most up-to-date Department handout for Director’s Review and Approval applications.

• C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter.

Final Zoning Ordinance

February 2024

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FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Director’s Review and Approval

Chapter 846.5

• D. Review authority. The Director shall be the applicable review authority for reviewing Director’s Review and Approval applications.

E. Notice requirements.

1. Notice of application. Within 15 days of the acceptance of an application, owners of property located within a radius of 300 feet of the exterior boundaries of the subject property, shall be notified in writing of the application.

2. Opportunity to submit written comments. Notified persons shall be provided the opportunity to submit written comments within 15 days following the date of the notice.

3. Notice to owners. The notices shall be by mail; and the owners, for the purposes of the notices, shall be deemed to be the person(s) to whom the properties were assessed on the last assessment roll.

4. Address of owners. The address to which the written notice shall be mailed shall be that shown upon the latest assessment roll.

5. Notice of application. The notice of application shall not be required when an application is referred directly to the Commission for a decision.

Each Director’s Review and Approval application shall be analyzed to ensure that the application is consistent with the intent and purpose of this Chapter.

• A. Commission referral. When, in the opinion of the Director, the Director’s Review and Approval application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer the application to the Commission for review and final decision.

• B. Next Commission agenda. Every attempt will be made to place the referral on the next available regular Commission meeting agenda following the Director’s referral.

• A. Director’s action.

  1. Following a hearing, the Director (or the Commission on a referral) shall record the decision in writing and shall recite the findings upon which the decision is based.

  2. The Director may approve or deny a Director’s Review and Approval in whole or in part and may impose specific development and operational conditions.

Final Zoning Ordinance

February 2024

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Chapter 846.5

Director’s Review and Approval

• B. Required findings. The Director (or the Commission on a referral) may approve a Director’s Review and Approval application, with or without conditions, only if all the following findings are first made:

  1. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this Chapter, to adjust the use with land and uses in the neighborhood;

  2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

  3. The proposed use will not be detrimental to the character of the development in the immediate neighborhood or the public health, safety, and general welfare; and

  4. The proposed development is consistent with the General Plan.

• C. Notice of approval.

  1. Written notice of approval. When an application is approved by the Director, written notice of the decision shall be mailed in compliance with Section 868.6.050 (Notice of Approval).

  2. Mobilehome park services. When an application relating to mobilehome park services is approved by the Director, the following procedures shall apply.

  • a. The applicant (property owner or owner’s representative) shall provide a list of all of the tenants within the mobilehome park.

  • b. Those tenants located within 300 feet of the site of the proposed use shall be notified in lieu of the property owners identified in Subsection 846.5.020 E. (Notice requirements), above.

• A. Reasonable and necessary conditions. In approving a Director’s Review and Approval application, the Director (or the Commission on a referral) may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 846.5.060 (Findings and Decision), above.

• B. Carry out the purpose of the subject zone. These conditions shall relate to both on and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zone.

Final Zoning Ordinance

February 2024

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FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 846.5

Director’s Review and Approval

The following procedures shall apply to all large child day care facilities subject to review and approval by the Director. Locational, developmental, and operational standards for large child day care facilities are specified in Section 834.4.100 (Child Day Care Facility Standards).

• A. Content of application. Any person seeking approval of a Director’s Review and Approval for a large child day care facility shall submit an application for the permit to the Department specifying any reasonably required information which the Director shall request.

• B. Review procedures.

  1. It shall be the duty of the Director to review the proposed use to ascertain all facts pertinent to it, and in writing to state approval, approval with conditions, or denial of the proposed use, together with the Director’s reasons for the decision.

  2. If a hearing is requested in compliance with Subparagraph 3., below, the Director shall refer the proposed application directly to the Commission for a public hearing and decision.

  3. If the proposed use is referred to the Commission, the hearing and Board appeal procedures of Chapter 842.5 (Conditional Use Permits) shall be followed.

  4. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 874.6 (Public Hearings).

  5. Those applications which are referred directly to the Commission by the Director shall be appealable to the Board.

  6. Those applications which are filed and heard concurrently with any application requiring a Board hearing, shall after the Commission decision, be heard by the Board together with that concurrent application.

• C. Notice of application.

  1. Provision of written notice. Not less than 10 days before the date on which the decision will be made on the application, the Director shall give written notice of the proposed use by mail or personal delivery to all property owners shown on the last equalized assessment roll as owning real property located within a 100-foot radius of the exterior boundaries of the proposed large child day care facility.

  2. Opportunity to request a public hearing. Notified persons shall be provided the opportunity to submit a written request for a public hearing on the application within 15 days following the date of the notice.

Final Zoning Ordinance

February 2024

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Chapter 846.5

Director’s Review and Approval

3. Approval notice. When an application is approved by the Director, written notice of the decision shall be mailed in compliance with Chapter 842.5 (Conditional Use Permits).

4. Appeals. The provisions of Chapter 876.6 (Appeals) shall apply.

5. Time limit for development. The provisions of Section 868.6.080 (Expiration) shall apply.

6. Revocation. The provisions of Section 878.6.060 (Revocation and Modifications) shall apply.

7. Reapplication. The provisions of Section 868.6.110 (Resubmittals) shall apply.

Permits (e.g., building, grading, etc.) shall not be issued for any use involved in an application for a Director’s Review and Approval until and unless the same shall have become final, in compliance with Section 868.6.040 (Effective Date of Permits).

Modifications to an approved Director’s Review and Approval may be approved by the Director in compliance with Section 868.6.100 (Changes to an Approved Project).

The procedures relating to changes, performance guarantees, and revocation that are identified in Article 6 (Zoning Ordinance Administration) and those identified in Chapter 868.6 (Permit Implementation, Time Limits, Extensions and Revocation) shall apply following the decision on a Director’s Review and Approval application.

Final Zoning Ordinance

February 2024

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Chapter 846.5

Director’s Review and Approval

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Final Zoning Ordinance

February 2024

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FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 852.5

Reasonable Accommodations

– CHAPTER 852.5 REASONABLE ACCOMMODATIONS