Chapter 866.6 — ADMINISTRATIVE RESPONSIBILITY

The purpose of this Chapter is to describe the authority and responsibilities of the Board, Commission, Department, Director, and Department staff in the administration of this Zoning Ordinance, in compliance with the County Ordinance Code and applicable State and Federal laws.

As provided by State law, the Commission is designated as the Planning Agency and as the Advisory Agency, when required or authorized. The Director shall perform the functions of an Advisory Agency, as assigned, in compliance with State Law.

The Board of Supervisors, referred to in this Zoning Ordinance as the Board, in matters related to the County’s planning process, in compliance with County Ordinance Code Chapter 2.04 (Board of Supervisors), shall perform the duties and functions prescribed in this Zoning Ordinance, which include the following:

• A. Review authority on specified planning matters. Final decisions on development agreements, General Plan amendments, specific plans and amendments, Zone Map amendments, Zoning Ordinance amendments, related environmental documents, and other applicable policy or Zoning Ordinance matters related to the County’s planning process;

• B. Appeals. The review of appeals filed from Commission decisions; and

• C. Compliance. The above listed functions shall be performed in compliance with Table 5-1 (Threshold of Review) and the California Environmental Quality Act (CEQA).

• A. Establishment. The Planning Commission, referred to in this Zoning Ordinance as the Commission, is established in compliance with Chapter 2.48 (Planning Commission).

• B. Membership and appointment . The Commission shall consist of nine members and shall be appointed in compliance with Chapter 2.48 (Planning Commission).

• C. Duties and authority . The Commission shall perform the duties and functions prescribed by this Zoning Ordinance, and the Board may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law, including the following:

  1. The review of development projects, including referrals from the Director;

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Administrative Responsibility

2. The recommendation, to the Board for final decisions, on development agreements, General Plan amendments, specific plans and amendments, Zone Map amendments, Zoning Ordinance amendments, interpretations, related environmental documents, and other applicable policy or Zoning Ordinance matters related to the County’s planning process; and

3. The above listed functions shall be performed in compliance with Table 5-1 (Threshold of Review) and the California Environmental Quality Act (CEQA).

• D. Meeting rules. The Commission shall conduct public hearings and meetings in compliance with the County Ordinance Code and Chapter 874.6 (Public Hearings).

• A. Definition of the term “Director.” When used in this Zoning Ordinance or any permit or condition approved in compliance with this Zoning Ordinance, the term “Director” shall be as follows and as defined in Article 7 (Definitions): “The County of Fresno Planning Director, referred to in this Zoning Ordinance as the “Director” or designee of the Director.”

• B. Duties and authority. The Director shall:

  1. Have the responsibility to perform all of the functions designated by State law; 
  

  2. Perform the duties and functions prescribed in this Zoning Ordinance, including the review of administrative development projects, in compliance with Table 5-1 (Threshold of Review), State law (Government Code Section 65901 et seq.), and the California Environmental Quality Act (CEQA);

  3. Perform other responsibilities assigned by the Board and County Administrative Officer;

  4. Delegate the responsibilities of the Director to Department staff under the supervision of the Director; and

  5. Serve in an advisory capacity, in compliance with State law (Government Section 66415). In this capacity, the Director is charged with the responsibility of making investigations and reports on the design and improvement of proposed divisions of real property.

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Chapter 868.6

Permit Implementation, Time Limits, Extensions, Revocation

CHAPTER 868.6 - PERMIT IMPLEMENTATION, TIME LIMITS, EXTENSIONS AND REVOCATION

This Chapter provides requirements for the implementation of the permits or approvals identified in this Zoning Ordinance, including time limits and procedures for granting extensions of time.

• A. Expiration of permit or approval. Unless otherwise specified in the permit or approval, all permits and approvals (i.e., Conditional Use Permit, Director’s Review and Approval, Minor Deviation, Reasonable Accommodation, Site Plan Review, or Variance) for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions:

1. Exercised.

• a. To ensure continued compliance with the provisions of this Zoning Ordinance, the permit or approval shall be exercised within two years from the date of approval, or the permit or approval shall expire and be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 868.6.030 (Time Extensions), below.

• b. If after construction commencement work is discontinued for a minimum period of two years the permit or approval shall expire and be deemed void.

• c. If there is a cessation in the occupancy or use of land or structure(s) authorized by the permit or approval for a period in excess of two years, the permit or approval shall expire and be deemed void.

• d. If the application for the permit or approval also involves the approval of a tentative or vesting tentative map, expiration of the permit or approval shall be concurrent with the expiration date of the tentative or vesting map and may be extended in the same manner as the companion tentative map.

2. Phasing.

• a. Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the requirements of the subject zone and then develop the remaining phases in compliance with this Chapter, without prior review authority approval.

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• b. Pre-approved phases.

  • (1) If a project is to be built in pre-approved phases, each subsequent phase shall have two years from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void.

  • (2) If the application for the permit or approval also involves the approval of a tentative or vesting tentative map, the phasing shall be consistent with the tentative or vesting tentative map and the permit or approval shall be exercised before the expiration of the companion tentative map.

3. Shall be exercised before expiration. A permit or approval shall be exercised before its expiration. The permit or approval shall not be deemed exercised until the applicant has:

• a. Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; or

  • b. Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director; and

  • c. Diligently continued the approved construction/grading activities; or

  • d. Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

4. Exceptions to exercise prior to expiration for certain specified Conditional Use Permits within approved Specific Plans.

• a. Where a Conditional Use Permit is approved for authorizing infrastructure improvements within a County-adopted Specific Plan, and there is a direct nexus of the approved use to health and safety related infrastructure improvements (sewer, water, utilities or roadway improvements), the time to exercise is extended beyond the initial two years up to a maximum of 10 years as long as development within the Specific Plan boundary is actively being pursued.

• b. The developer or applicant must first exhaust the four discretionary time extensions available to a Conditional Use Permit prior to being eligible any additional time provided in Subsection 4.a above.

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• B. Effect of expiration. Where the permit or approval has expired and/or has been deemed void:

  1. No further action is required by the County;

  2. No further reliance may be placed on the previously approved permit or approval;

  3. The applicant shall have no rights previously granted under the permit or approval;

  4. The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and

  5. Any security provided by the applicant under the previously approved permit or approval may be utilized by the County to provide suitable protection from any harm that may result from the terminated development.

Requests for a time extension for a permit or approval (i.e., Conditional Use Permit, Director’s Review and Approval, Minor Deviation, Reasonable Accommodation, Site Plan Review, or Variance) shall be filed and processed in the following manner:

• A. Before expiration. The applicant’s written request for an extension of time shall specify the reasons for the extension and shall be on file with the Department before the expiration of the permit or approval, together with the filing fee required by the Master Schedule of Fees.

B. Suspension of expiration.

1. The filing of a written extension request shall suspend the actual expiration of the permit or approval until the extension request has been acted upon by the Director, Commission, and/or Board.

2. No Building Permit shall be issued in compliance with the permit or approval during the period of the suspension.

C. Action on extension – by the original review authority.

1. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in Subsection 868.6.080 A. (Expiration of permit or approval), above, the original review authority, but no higher than the Commission, may grant a time extension(s) in compliance with Table 6-1 (Maximum Time Extensions Allowed), below, following the original date of approval, subject to the findings identified in Subsection D. (Required findings), below. An extension request may be approved, approved with modifications, or denied by the original review authority.

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Permit Implementation, Time Limits, Extensions, Revocation

TABLE 6-1 MAXIMUM TIME EXTENSIONS ALLOWED

2. For permits subject to the Director’s review, a public notice but no hearting shall be required in compliance with Chapter 874.6 (Public Hearings).

3. For permits subject to the Commission’s review, a public notice and hearing shall be required in compliance with Chapter 874.6 (Public Hearings).

4. The original review authority’s decision may be appealed in compliance with Chapter 876.6 (Appeals).

• D. Required findings. An extension of the permit or approval may be granted only if the applicable review authority first finds that:

  1. There have been no changes in circumstances or law which would preclude the review authority from making the findings upon which the original approval was based; and

2. Appropriate evidence has been provided by the applicant to document that the extension is required due to circumstances beyond the control of the applicant that was not the result of personal action(s) undertaken by the applicant.

• E. Substantial Development extension - by the Director. When circumstances beyond the control of the applicant do not permit compliance with the time limits specified in Subsection 868.6.020 A. (Expiration of permit or approval) or this Section, the Director may grant up to a single two-year time extension, upon a finding that the project has accomplished an acceptable level of Substantial Development.

  1. Application for extension based on “Substantial Development” shall be filed with the Department before expiration of the permit or approval.

  2. The Director’s review shall require a public notice but no hearing in compliance with Chapter 874.6 (Public Hearings).

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Permit Implementation, Time Limits, Extensions, Revocation

3. The finding of “Substantial Development” presumes the existence of a valid permit or approval. Information relating to the original permit or approval (i.e., the original findings and whether or not they can continue to be made) has no bearing on the issue of “Substantial Development.”

4. Consideration of “Substantial Development” includes the degree of physical on-site development accomplished, but can also include the amount of “soft costs” (i.e., costs associated with establishing the approved use before the expiration date) including financial expenditures for preparatory actions (e.g., invoices documenting expenditures related to permits and fees for Site Plan Review, drainage, grading, storm water, and Encroachment Permits, engineering studies, testing and plans, construction costs including grading, staking, and temporary power, insurance and attorney fees, etc.), which show a “good faith effort” to establish a particular use. As a point of information, “good faith effort” can be defined as time and effort to establish a use, regardless of financial expense.

5. The Director’s decision may be appealed in compliance with Subsection F. (Appeal of Director’s determination), below.

6. The Applicant, Property Owner, or Developer shall have two years from the date that a determination of “Substantial Development” is made to develop the use.

F. Appeal of Director’s determination on Substantial Development.

1. Where a determination is made by the Director that there either has or has not been substantial development within two years after the approval of the Site Plan Review, a notice of the determination shall be mailed to the applicant and to owners of property located adjacent to the external boundaries of the property described in the application.

2. The applicant or an adjacent property owner may appeal this decision to the Board by filing a written notice of appeal with the Clerk of the Board within 15 days following the mailing of notice of the determination.

3. The appeal shall specify the reason(s) for the appeal.

4. The Clerk of the Board upon receipt of the appeal shall set the hearing date for not less than 15 or more than 40 days following the filing of an appeal.

5. The Board shall, not less than 10 days following the legal notice of a public hearing on an appeal, hold the public hearing.

6. Board’s decision on Substantial Development.

   • a. The Board may approve, approve with conditions, or deny the appeal by resolution.

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• b. A copy of the Board’s resolution shall be mailed to the appellant/applicant at the address shown on the application.

7. The decision of the Board shall be final, unless an appeal is filed with a court of competent jurisdiction, in compliance with Government Code Section 65009(c).

A. Application.

1. A development or new land use allowed through a Conditional Use Permit, Director’s Review and Approval, Minor Deviation, Reasonable Accommodation, Site Plan Review, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this Section.

2. An applicant shall request desired changes in writing with the Department, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.

4. Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.

• B. Notice and hearing. If the matter originally required a public notice and/or hearing, the review authority shall give notice and take action as applicable, except for the minor changes specified below (See Subsection C.).

  1. For permits subject to the Director’s review, a public notice but no hearting shall be required in compliance with Chapter 874.6 (Public Hearings).

  2. For permits subject to the Commission’s review, a public notice and hearing shall be required in compliance with Chapter 874.6 (Public Hearings).

• C. Minor changes as authorized by the Director. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:

  1. Are consistent with all applicable provisions of this Zoning Ordinance and in substantial conformity with the original permit or approval; and

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2. Do not involve a feature of the project that was:

   • a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;

   • b. A basis for conditions of approval for the project; or

   • c. A specific consideration by the review authority (e.g., the Director, Commission, or Board) in granting the permit or approval.

• D. Major changes. Major changes include changes to the project involving features specifically described in Subparagraph C. 2., above, and may only be approved by the original review authority through a new application or modification, processed in compliance with this Zoning Ordinance.

No person, including the original applicant, shall reapply for a similar application (permit or approval) on the same parcel or structure within a period of 12 months from the date of the final decision on the previous application, unless the decision is denied without prejudice.

• A. Resubmittal after denial with prejudice - not within a period of 12 months. The review authority may deny a discretionary permit or approval on the grounds that two or more similar applications for the same site have been denied in the past two years (also known as denial with prejudice).

• B. Resubmittal after denial without prejudice. There shall be no limitation on subsequent applications for a parcel or structure where a project was denied without prejudice.

• C. Director’s determination. The Director shall determine whether the new application is for a discretionary permit or approval which is the same or substantially similar to the previously approved or denied permit, approval, or amendment.

• D. Appeal. The determination of the Director may be appealed to the Commission, in compliance with Chapter 876.6 (Appeals).

The approving entity or body granting said use (Director, Commission or Board of Supervisors) may revoke a permit for non-compliance with the conditions set forth in granting of said permit. Revocations shall be appealable to the Board of Supervisors.

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Chapter 870.6

Nonconforming Uses, Structures, and Parcels