Fresno County Municipal Code Ch. 19.04 Regulations and Procedures

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State Law reference— For statutory provisions regarding planning by counties, see Gov. Code § 65100 et seq.

Pursuant to the authority conferred by the Planning Law (Title 7 of the Government Code of the state of California) the regulations hereinafter contained are established to protect and promote the public health, safety and general welfare and to accomplish more particularly the following purposes:

A. Provide for systematic execution of the circulation element of the general plan, by designating the precise location, dimension and treatment of planned future rights-of-way.

B. Provide for the regulation and restriction of the height of structures and trees in the vicinity of airports.

(Ord. 383.2, § 1, 1977; prior code, § 720)

Each department, official and employee of the county having the responsibility and authority to issue licenses or permits, to pass upon plans or specifications for private or public projects, or to grant approval of the subdivision or division of land, shall enforce the provisions of this title and shall not issue such license or permit, or approve such use, building, structure, division or subdivision where the same would be in conflict with the provisions of this title; and any such license, permit or approval, if issued in conflict with the provisions of this title and amendments hereto, shall be null and void.

(Prior code, § 720.1)

The county planning commission, upon a written application from the owner of property affected, shall have authority to hear and make recommendations to the county board of supervisors on a request for a variance from the provisions of this title. The commission and board, before a variance may be granted, shall determine that all of the following conditions exist in reference to the property being considered:

A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved such that a literal enforcement of the provisions of this title in the particular case would result in practical difficulties or unnecessary hardships;

B. Such variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this title on other properties in the vicinity of the affected property; and

C. The granting of a variance will not be contrary to the intent and purpose of this title or to the purposes and objectives of the general plan of the county.

(Prior code, § 720.5A)

Procedures for securing variances shall be as follows:

A. Filing. An application for a variance shall be filed by the owner of the property for which the variance is sought, or by his authorized representative.

B. Form and Content. Application shall be made to the planning commission on forms furnished by the resources and development department and shall set forth in detail the reasons for the requested variance; shall show how the conditions set forth in Section 19.04.030 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.

C. Commission Hearing Date and Notice.

1. A public hearing date shall be set by the director of resources and development for not less than fifteen nor more than forty days after verification of the application.

2. Notice of public hearing shall be given and shall contain the time and place of the hearing and other pertinent data presented in the application.

3. Notice shall be given not less than ten days prior to the hearing by publication once in a newspaper of general circulation in the county and by mail to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for that purpose the name and address of the last known owners of such property as shown on the last equalized assessment roll.

D. Commission Public Hearing, Decision and Notice.

1. Upon the completion of a public hearing, the planning commission shall, not later than forty days thereafter, render its decision on the application by resolution. The resolution shall recite in full the findings upon which the planning commission bases its approval of such variance.

2. The resolution of the planning commission shall be filed with the board of supervisors and a copy thereof shall be mailed concurrently to the applicant at the address shown on the application.

3. A disapproval shall be final unless appealed to the board of supervisors within fifteen days after the resolution is filed with the board.

E. Board Hearing Date and Notice.

1. A public hearing date shall be set by the county clerk-recorder for not less than fifteen nor more than forty days after the filing of the commission's resolution with the board of supervisors.

2. Notice of public hearing before the board of supervisors shall be given in the same manner provided for a public hearing before the planning commission, as in this section provided.

F. Board Public Hearing, Decision and Notice. Upon completion of a public hearing, the board of supervisors, shall, not later than ten days thereafter, approve or disapprove the recommendation of the planning commission and its action shall be final. A copy of the decision shall be sailed to the applicant at the address shown on the application.

(Ord. 0-81-002, § 46; prior code, § 720.3B)

It is unlawful for any person, whether principal, agent, employee or otherwise, to violate or cause to be violated any of the provisions of this title and each such person is guilty of a separate offense for each and every day or any portion thereof, during which any violation of this title is committed, continued or permitted by such person, and shall be punishable therefor as provided in this code.

(Prior code, § 720.2)