Article 51 — ZONE CLEARANCE

This article establishes procedures for conducting a Zone Clearance to verify that each new or expanded use or structure complies with all of the applicable requirements of this Code and with any applicable policies or standards of the General Plan and any operative plans.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Establishment of a Permitted Use. A Zone Clearance is required to confirm that the establishment of a new use is permitted as a matter of right and that no Conditional Use Permit or other entitlements are required prior to securing a tax certificate and commencing operations.

B.

Development of One Single-Unit Home or One Duplex. A Zone Clearance is required to confirm that the construction of one single-unit house or one duplex is permitted as a matter of right and that such a project is being proposed in a manner which is compliant with, and without any deviations from, all applicable development standards prior to securing a building permit. If a proposed development project does not meet the threshold for a Zone Clearance it shall be required to secure a Development Permit.

C.

Signs. Unless a Master Sign Program is required per Section 15-2612, a Zone Clearance is required to confirm that proposals for new signage are consistent with all applicable regulations of this Code.

D.

Downtown Housing.

Downtown projects which meet all of the following criteria shall require a Zone Clearance to confirm that their construction is permitted as a matter of right and that such a project is being proposed in a manner which is compliant with, and without any deviations from, all applicable development standards prior to securing a Building Permit:

a.

Located within a DT District;

b.

A minimum of 16 total dwelling units in the project;

c.

A residential density of no less than 20 du/ac;

d.

Residential uses must occupy 50% or more of the total floor area; and

e.

No historic resources or potential historic resources are located on the site.

2.

Downtown projects which do not meet the threshold for a Zone Clearance shall be required to secure a Development Permit.

E.

Other Activities. A Zone Clearance shall be required for any other activity for which a Zone Clearance is specifically required elsewhere in this Code.

F.

Streamlined Development as defined in Section 65913.4 of the California Government Code.

G.

Exceptions.

1.

No Zone Clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any Building Code or Development Code regulations.

2.

A change in building use that complies with this Code shall require a Building Permit if the use is in a different Building Code occupancy group class, such as conversion of a retail building to public assembly or residential use.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-43, § 14, eff. 12-9-16; Am. Ord. 2018-66, § 70, eff. 1- 18-19; Am. Ord. 2025-024, § 78, eff. 7-27-25).

Sec. 15-5103. - REVIEW AUTHORITY.

If the Director determines that the proposed use or building is allowed as a matter of right by this Code, and conforms to all the applicable development and use standards, the Director shall issue a Zone Clearance.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5104. - APPLICATION REQUIREMENTS.

A.

Applications for a Zone Clearance shall be submitted in accordance with the provisions set forth in Section 15-5002, Application and Fees.

B.

The Director may request that the Zone Clearance application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5105. - PUBLIC NOTICE.

Public notice shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 52 - DEVELOPMENT PERMIT (FORMERLY SITE PLAN REVIEW)

Development Permit approval is required to ensure that new development is carried out in accord with this Code and the goals and objectives of the General Plan and any other adopted plans and guidelines.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5202. - APPLICABILITY.

A.

Development. A Development Permit shall be required for all development of property which is ineligible for a Zone Clearance as put forth in Article 51 to confirm that the project is being proposed in a manner which is compliant with all applicable development standards prior to securing a building permit.

B.

Deviations. Deviations from applicable standards will require a Variance or Minor Deviation in conjunction with a Development Permit as put forth in Articles 55 and 56.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director shall approve, conditionally approve, or deny applications for a Development Permit based on consideration of the requirements of this article. The Director may refer items directly to the Planning Commission when in their opinion the public interest would be better served by having the Planning Commission conduct the Development Permit review. In the event a referral, the Planning Commission shall hold a public hearing prior to making the decision.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Applications for a Development Permit shall be submitted in accordance with the provisions set forth in Section 15-5002, Application and Fees.

B.

The Development Permit application shall be accompanied by a written narrative, operational statement, site plans, elevations, three-dimensional renderings, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, floor plans, and building cross sections, as a record of the proposal's conformity with the applicable regulations of this Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5205. - PUBLIC NOTICE.

Public notice shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5206. - REQUIRED FINDINGS.

The Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following:

A.

The applicable standards and requirements of this Code.

B.

The General Plan and any operative plan or policies the City has adopted.

C.

Any applicable design guidelines adopted by the City Council.

D.

Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.

E.

Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670—21679.5.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 2, eff. 10-31-19).

In granting Development Permit approval, the Review Authority may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this article and ensure compliance with the applicable criteria and standards established by this Code or mitigation required pursuant to environmental review. Conditions may be related to the following objectives:

A.

Ensure long-term maintenance of adequate clean water resources.

B.

The proposed design will not lead to an overburdening of existing or planned infrastructure capacities, including, but not limited to, capacities for water, runoff, storm water, wastewater, and solid waste systems.

C.

The proposed design incorporates air quality measures or can demonstrate that it will not negatively impact air quality.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, § 31, eff. 6-11-18).

Sec. 15-5208. - APPEALS.

Development Permit decisions are subject to the appeal provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5209. - MODIFICATIONS.

Development Permit approval may only be modified as provided for in Article 50, Common Procedures.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 53 - CONDITIONAL USE PERMITS

The Conditional Use Permit review process is intended to apply to uses that are generally consistent with the purposes of the district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties or adversely affect the City's infrastructure, the built or natural environment, City resources, or the City's ability to provide public services.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5302. - APPLICABILITY.

Conditional Use Permit approval is required for the following:

A.

Uses specifically identified in Part II, Base and Overlay Districts, and/or any other section of this Code which requires a Conditional Use Permit.

B.

Alcoholic beverage sales.

1.

Exception. Within Downtown Districts, uses with alcoholic beverage sales shall not require a Conditional Use Permit, but shall comply with the requirements of the California Department of Alcoholic Beverage Control.

C.

Any use with drive-in or drive-through facilities.

D.

When a Conditional Use Permit is required for exceptions to certain development standards that are specifically identified in Part II, Base and Overlay Districts.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 38, eff. 10-21-16).

The Director shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this article. The Director may, at their discretion, refer any application that may have significant public interest to the Planning Commission for a decision. In the event of a referral, the Planning Commission shall hold a public hearing prior to making the decision.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5304. - APPLICATION REQUIREMENTS.

A.

Applications for a Conditional Use Permit shall be submitted in accordance with the provisions set forth in Section 15-5002, Application and Fees.

B.

The Conditional Use Permit application shall be accompanied by a written narrative, operational statement, site plans, and other evidence in support of the applicable findings required by Section 15-5306, Required Findings.

C.

The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Public Notice shall be provided 10 days prior to the date of action pursuant to Section 15-5007.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A Conditional Use Permit shall only be granted if the decision-maker determines that the project as submitted or as modified conforms to all of the following criteria. If the decision-maker determines that it is not possible to make all of the required findings, the application shall be denied.

A.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code;

B.

The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted;

C.

The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements;

D.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

E.

The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required; and

F.

The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 3, eff. 10-31-19).

In approving a Conditional Use Permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies and design guidelines adopted by the City Council;

B.

Achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located;

C.

Achieve the findings for a Conditional Use Permit listed in Section 15-5306, Required Findings; or

D.

Mitigate any potential impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5308. - EXPIRATION.

An expiration date of seven years from the date of approval shall be established by the Review Authority, except as follows:

A.

Uses which may have a substantial public interest may be given an expiration date of less than seven years.

B.

Conditional Use Permits for permanent physical property improvements, such as building height, shall not have an expiration date if deemed appropriate by the Review Authority.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Conditional Use Permit decisions are subject to the appeal provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Conditional Use Permits may only be modified as provided for in Article 50, Common Procedures. Conditional Use Permits for projects that are anticipated to develop over the course of six years or more may require reallocation or adjustment to residential densities. Such adjustments may be processed through the modification procedures set forth in section 15-5015.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 54 - TEMPORARY USE PERMITS

This article establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5402. - APPLICABILITY.

A.

Temporary Use Permit approval is required for temporary uses as described in Section 15-2760-B, Temporary Uses Requiring a Temporary Use Permit.

B.

If the Director determines that the application is subject to review under CEQA and the project does not qualify for an exemption pursuant to State law or CEQA Guidelines, the Temporary Use Permit shall be

processed as a Conditional Use Permit application, pursuant to Article 50, Common Procedures, and Article 53, Conditional Use Permits.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director shall approve, conditionally approve, or deny applications for Temporary Use Permits based on consideration of the requirements of this article. The Director may refer an application for a Temporary Use Permit to the Planning Commission if the Director finds that the temporary use may have substantial and detrimental impacts to surrounding land that warrant Commission review.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

An application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin. The application shall be on the required form and include an operational statement and the written consent of the owner of the property or the agent of the owner.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5405. - PUBLIC NOTICE.

Public notice shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Within 10 days of accepting an application for a Temporary Use Permit as complete, the Director shall render a written decision per Section 15-5009, Notice of Action.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director may approve an application for a Temporary Use Permit upon making both of the following findings:

A.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be

safely and efficiently accommodated by existing parking areas or a parking management plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section 15-5407, Required Findings, including, but not limited to:

A.

Regulation of ingress and egress and traffic circulation; valet or off-site parking; fire protection and access for fire vehicles; regulation of lighting and noise; regulation of hours and/or other characteristics of operation; removal of all trash, debris, signs, sign supports, and temporary structures; and electrical service.

B.

Time limits, as follows:

1.

Time limits prescribed in Section 15-2760-B, Temporary Uses Requiring a Temporary Use Permit.

2.

Unless otherwise prescribed in this Code, the Director shall prescribe the duration of the use, however in no case shall a Temporary Use exceed 30 consecutive days or a total of 60 days in a one year period.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 55 - VARIANCES

This article is intended to provide a mechanism for relief from the strict application of this Code where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5502. - APPLICABILITY.

A.

Variances may be granted in conjunction with a Development Permit to vary or modify dimensional and performance standards, but Variances may not be granted to allow uses or activities or increase density that this Code does not authorize for a specific lot or site.

B.

Any lawfully established use, site features, structure, or lot that is in existence on the effective date of this Code or any subsequent amendment, but was made non-conforming when a portion was acquired by a governmental entity so that the parcel or a property development standard, such as landscaping or parking, is reduced from the prescribed standards of the underlying Zone District, shall be exempted from obtaining a Variance. Future improvements shall comply with the strict application of the District, unless a deviation is granted.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Review Authority of the associated Development Permit shall approve, conditionally approve, or deny applications for Variances based on consideration of the requirements of this article.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5504. - APPLICATION REQUIREMENTS.

A.

Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Article 50, Common Procedures.

B.

In addition to any other application requirements, the application for a Variance shall include data or other evidence showing that the requested Variance conforms to the required findings set forth in Section 155506, Required Findings.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

All applications for Variances shall be noted on the public notice that is required for the associated Development Permit pursuant to Section 15-5007, Public Notice.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A Variance, including variances from the terms of open-space zoning, shall only be granted if the Review Authority determines that the project as submitted or as modified conforms to all of the following criteria. If the Review Authority determines that it is not possible to make all of the required findings, the application shall be denied.

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning classification, and that the granting of

a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone classifications;

B.

The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C.

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience, nor the preservation and conservation of open space lands; and

D.

The granting of the Variance will be consistent with the general purposes and objectives of this Code, any applicable operative plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, and of the General Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 4, eff. 10-31-19).

In approving a Variance, the Review Authority may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 15-5506, Required Findings.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A decision on a Variance may be appealed pursuant to the provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Variances may only be modified as provided for in Article 50, Common Procedures.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 56 - MINOR DEVIATIONS

The purpose of this article is to establish an alternate means of granting relief from the requirements of this Code when so doing would be consistent with the purposes of the Code and it is not possible or practical to approve a Variance. It also allows the Review Authority to grant deviations when necessary to

accommodate religious uses protected by the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and deviations to ensure compliance with the Americans with Disabilities Act (ADA).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Façade Design Development Standards. In conjunction with a Development Permit, the Review Authority may grant deviations from applicable Façade Design Development Standards in RS and E districts if the proposed design accomplishes the same goals pertaining to visual interest, pedestrian orientation, connectivity, durability, and longevity.

B.

All Other Development Standards. In conjunction with a Development Permit, the Review Authority may grant relief from the property development standards specified in this Code, not to exceed 10 percent of the requirement, with the following exceptions:

1.

Green Building and Public Art. The Review Authority may grant relief of up to 20 percent deviation from property development standards where the Review Authority determines the request involves qualifying "green" or public art features. If both public art and green features are incorporated, the Review Authority may grant relief of up to 25 percent deviation.

2.

Lot Consolidation. The Review Authority may grant relief of up to 15 percent deviation from property development standards where the Review Authority determines the request involves the consolidation of very small, oddly shaped, and hard-to-develop lots.

3.

Density and Intensity. Minor Deviations cannot be granted for residential density or maximum floor area ratio (FAR).

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 39, eff. 10-21-16).

The Review Authority of the associated Development Permit shall approve, conditionally approve, or deny applications for Minor Deviations based on consideration of the requirements of this article.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5604. - APPLICATION REQUIREMENTS.

An application for a deviation shall be filed with the Review Authority in accordance with Article 50, Common Procedures. The application shall state in writing the nature of the deviation requested and explain why the findings necessary to grant the deviation are satisfied. The applicant shall also submit plans delineating the requested deviation.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

An additional public notice beyond that required for the associated Development Permit shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The maximum deviation shall not exceed 10 percent, unless the proposal meets the strict application of Green Building and Public Art or Lot Consolidation exceptions. Ten percent shall be calculated of the standard. For example, if a site is 5,000 square feet in area, and it is required to provide 20 percent open space of lot area, the site would be required to provide 1,000 square feet. A 10 percent deviation would equate to a reduction of 100 square feet of open space (1,000 x 10% = 100). As a result, the site would need to provide 900 square feet of open space. This calculation shall not apply to deviations to Façade Design Development Standards.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A decision to grant a deviation shall be based on making all of the following findings:

A.

Façade Design Development Standards.

1.

The design accomplishes the same goals pertaining to visual interest, pedestrian orientation, connectivity, durability, and longevity as the individual standards which are deviated from;

2.

The design achieves all stated purposes of the Base District to and equal to greater degree than a project design in strict compliance with the Façade Design Development Standards;

3.

The architectural design of the project is of exceptional quality and will add to the beauty and pedestrian comfort of its surroundings; and

Granting the bonus will not be detrimental to the health or safety of the public or the occupants of the property.

B.

All Other Development Standards.

1.

The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

2.

There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

3.

The granting of the requested deviation will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code; and

4.

If the deviation requested is to accommodate religious uses protected by RLUIPA, the decision-maker must also find that the denial of the requested deviation would impose a substantial burden on religious exercise.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5608. - CONDITIONS OF APPROVAL.

In approving a deviation, the decision-maker may impose reasonable conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the General Plan and with any operative plans or policies adopted by the City;

B.

Achieve the general purposes of this Code or the specific purposes of the zoning district in which the project is located;

C.

Achieve the findings for a deviation granted; or

D.

Mitigate any potential impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Minor Deviation decisions are subject to the appeal provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5610. - MODIFICATIONS.

Deviations granted under this article may only be modified as provided for in Article 50, Common Procedures.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 57 - REASONABLE ACCOMMODATIONS FOR HOUSING

In order to ensure equal access to housing for individuals with disabilities, the Director shall provide reasonable accommodation that may include a modification or exception to the rules, standards, and practices within this Code for the siting, development, and use of housing or housing-related facilities when an applicant requests reasonable accommodation.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

An applicant may request reasonable accommodation that may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would modify regulatory barriers and provide an individual with a disability equal opportunity to the use and enjoyment of the housing of their choice.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Application Form. A request for reasonable accommodation may be submitted on a form provided by the City or be made orally to the Director, and shall contain the following information:

1.

The applicant's name, address, and telephone number;

The name, address, and telephone number of the representative if designated;

3.

Address of the property for which the request is being made;

4.

The current actual use of the property;

5.

The basis for the claim that the individual is qualified for accommodation;

6.

The Code, policy, procedure, rule, or regulation from which reasonable accommodation is being requested; and

7.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Filing Period. An application for reasonable accommodation may be made or filed at any time. However, if the request for reasonable accommodation is related to an application for a land use entitlement pursuant to this Code, the request for reasonable accommodation must be made or filed with that application.

C.

Assistance. The City will provide assistance as necessary to ensure that the process in its entirety is accessible to the applicant. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant. If the applicant designates a representative, the applicant shall provide authorization in writing.

D.

Obligations. A request for reasonable accommodation does not affect a person's obligation to comply with other applicable City laws and regulations not at issue in the requested accommodation.

E.

Other Remedies. The procedures set forth herein does not limit an individual's right to any other available remedy under federal or State law.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5704. - PUBLIC NOTICE.

Public notice shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5705. - DETERMINATION.

Except as provided below, within 30 days of the date of the application, a written decision shall be made to grant, grant with conditions, or deny the request for reasonable accommodation.

A.

Additional Information. The Director may require that the applicant provide any additional information that the Director deems necessary to determine disposition of the requested accommodation. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed from the date of the request for additional information until the applicant responds to the request.

B.

Property Development Standard Deviation. If the request for accommodation is to modify a property development standard of this Code, it shall be processed pursuant to Article 56, Minor Deviations, and is not subject to the 30-day review period.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5706. - REQUIRED FINDINGS.

The written decision shall be consistent with fair housing laws and reasonable accommodation and shall only be granted when it is found that:

A.

The housing, which is the subject of the request for reasonable accommodation, is to be used by an individual protected under fair housing laws;

B.

The requested accommodation is necessary to make specific housing available to an individual protected under fair housing laws;

C.

The requested accommodation does not impose an undue financial or administrative burden on the City; and

D.

The requested accommodation does not require a fundamental alteration in the nature of a City plan, policy, rule, regulation, or code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

In granting a request for reasonable accommodation, the Director may impose any condition of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings required by this section, and any other applicable State or federal law. The imposition of any condition in accordance with this section will not impose any additional development entitlements other than what entitlements would otherwise be required by law or this Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

SEC. 15-5708. - APPEALS.

Accommodation decisions are subject to the appeal provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Accommodations granted under this article may only be modified as provided for in Article 50, Common Procedures.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5710. - OTHER PROCEDURES.

A.

Notice to the Public of Availability. In all offices where application is made for a permit, license, or other authorization for the siting, funding, development, or use of housing, a notice and explanation shall be displayed announcing the availability of reasonable accommodation for qualified applicants. Application forms shall be available at these locations.

B.

Disclosures of Information. Private or personal information regarding the nature of an individual's disability provided by an applicant requesting reasonable accommodation shall not be disclosed except as follows:

1.

Information necessary to make or review a decision to grant or deny a request for reasonable accommodation may be disclosed to any person whose consideration of such information is necessary to make or review that decision.

2.

Information may be disclosed if otherwise required by law.

C.

Withdrawal of Request. Upon written notice to the City, an applicant for reasonable accommodation may withdraw a request for reasonable accommodation without prejudice.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 58 - AMENDMENTS TO DEVELOPMENT CODE TEXT, REZONES, AND PLAN AMENDMENTS

This article provides procedures by which changes may be made to the text of this Development Code, the Zoning Map, or the General Plan or any operative plan whenever public necessity, convenience, and general welfare require such amendment to maintain consistency with the General Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5802. - APPLICABILITY.

The procedures in this article shall apply the following proposals:

A.

Development Code Text Amendment. A change to the text of the Development Code.

B.

Rezone. An application to change the zoning for a site from one Zone District to another.

C.

Plan Amendment. A change in the text of the General Plan or any operative plan, or a change to the General Plan's planned land use designation for a site, including pre-zoning as provided for in Article 61, Concept Plans, Pre-Zoning, and Annexation Procedure.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5803. - INITIATION.

A.

Development Code Text Amendment.

1.

An amendment to the text of the Development Code may be initiated by the Director, by a resolution of initiation by the City Council or the Planning Commission, or an applicant identified in Section 15-5002, Application and Fees.

2.

For land uses not identified in Part II, Base and Overlay Districts, a proposal for a new use may be considered pursuant to Section 15-5020, Director's Determination. Should the Director determine that a use may not be added said procedures, a Text Amendment pursuant to this article may be processed.

B.

Rezone. An amendment to the Zoning Map (i.e., Rezone) may be initiated by a property owner identified in Section 15-5002, Application and Fees, the Director, or by a resolution of initiation of the City Council or the Planning Commission.

C.

Plan Amendment. An amendment to the General Plan or operative plan may be initiated by an applicant identified in Section 15-5002, Application and Fees, the Director, or by a resolution of initiation of the City Council or the Planning Commission. Plan Amendments include changes to text in said plans, maps, and planned land use designations.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Application. A qualified applicant, the Director, the Council or Commission shall submit an application for a Rezone or Plan Amendment on a form prescribed by the Director. The Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The resolution of initiation may act as the application for the Council or Commission.

B.

Coordination with Other Applications. The Director may allow any necessary applications for amendments to zoning regulations or for approval of discretionary permits to be processed simultaneously with the proposed Development Code Text Amendment, Rezone, or Plan Amendment.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Director, at their discretion, may require that the applicant conduct a neighborhood meeting prior to an application being submitted or during the review of an application as put forth in Section 15-5006, Neighborhood Meeting. Such meeting(s) may be required when, in the opinion of the Director, the project may have an impact on a neighborhood, the project is unique, the project is of such scale or scope that it is likely to generate community interest, or for any other reason.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Staff Report. The Director shall prepare a report and recommendation to the Planning Commission. The report shall include, but not be limited to, a discussion of how the proposed amendment meets the criteria in Section 15-5811, Criteria for Development Code Text Amendment and Section 15-5812, Criteria for Rezones and Plan Amendments, for approving an amendment and an environmental document prepared in

compliance with the California Environmental Quality Act, the General Plan, and any applicable operative plan.

B.

Public Hearing Required. All applications shall be referred to the Planning Commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. In addition to the mailed Public Notice requirements of Section 15-5007-B, Mailed Notice, notice of the hearing for a proposed amendment shall be delivered to the applicable school district and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Active plan or council district committees shall review and provide comments on text amendment applications, Rezones, or Plan Amendments. Committees shall review proposed amendments within their purview, unless the text amendment is applicable citywide, then review is required by each committee. Should a committee not meet due to a lack of quorum or any other reason, the Director, at their discretion, may schedule the item for consideration by the Commission and/or Council.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Airport Land Use Commission (ALUC) shall review all text amendments affecting projects or property within an Airport Influence Area for consistency with the adopted Airport Land Use Compatibility Plan which affect the height, density, land use designation, safety, noise, or related aspects of properties within the ALUC's purview, as determined by the Director and/or ALUC staff. The ALUC shall also review all Rezones and Plan Amendments that are within the ALUC's purview. ALUC review shall be completed prior to consideration of the matter by the City Council. Nothing in this Section alters the City's authority or obligations under the laws of the State of California, including but not limited to Article 3.5 of Chapter 4 of the State Aeronautics Act (California Public Utilities Code sections 21670 et seq.).

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, § 32, eff. 6-11-18).

Sec. 15-5809. - PLANNING COMMISSION HEARING AND RECOMMENDATION.

A.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing in conformance with Article 50, Common Procedures.

B.

Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed application to the City Council. Such recommendation shall include the reasons for the recommendation, findings supporting the recommendation, and the relationship of the proposed change to the General Plan, Code, and applicable operative plans.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5810. - CITY COUNCIL HEARING AND ACTION.

A.

After receiving the report from the Planning Commission, the City Council shall hold a duly-noticed public hearing. The notice shall include a summary of the Planning Commission recommendation, if available at the time of the notice.

B.

After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed application. If the Council proposes any substantial modification, such as introducing a new zone district or planned land use designation, not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption.

C.

Action by the Council shall be final.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 40, eff. 10-21-16).

The Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed amendment meets the following criteria:

A.

Development Code Text Amendment findings:

1.

The Code text amendment is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, and any applicable operative plans; and

2.

The amendment is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 5, eff. 10-31-19).

The Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed Rezone or Plan Amendment meets the following criteria:

A.

The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy;

B.

The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and

C.

The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand.

(Added Ord. 2015-39, § 1, eff. 1-9-16).