Fresno Municipal Code Art. 22 At-Risk Development

"At-Risk" shall be defined as construction up to and including wall and roof framing.

(Added Ord. 2022-008, § 1, eff. 6-6-22).

Editor's note— Ord. 2022-008, § 1, eff. June 6, 2022, amended the Code by renumbering former §§ 12-2201—12-2205 as new §§ 12-2202—12-2206, and adding a new § 12-2201.

For residential, commercial, and industrial projects, after receipt of "first round" comments regarding any infrastructure improvement plans (including grading plans), and a finding the infrastructure improvement plans are substantially acceptable, or submittal of a completed application for a building permit, the appropriate official, and/or building official, is authorized to issue an "at-risk" permit for grading, sewer, water, dry utilities, buildings and structures (including model and production homes) before the relevant construction documents have been finally approved, and before the final map records. For the purpose of this article, a model home shall be a home without an identified buyer constructed for marketing purposes to show the design, structure and appearance of units in a development. A production home is a home without an identified buyer built on speculation that shall not be sold, leased, financed, or offered for sale until a final map records.

(Added Ord. 2018-17, § 1, eff. 8-2-18; Am. Ord. 2022-008, § 1, eff. 6- 6-22).

Note— Former § 12-2201. See editor's note, § 12-2201.

An applicant must pay required application and inspection fees and charges, and provide evidence of required insurance and compliance with all conditions of third party agencies (including but not limited to Pacific Gas and Electric Company, Fresno Metropolitan Flood Control District, San Joaquin Valley Air Pollution Control District, and similar agencies), all as a condition precedent to issuance of an "at- risk" permit. Up to twenty-five (25) "at-risk" permits for buildings and structures (including model and production homes) may be granted per tract, provided appropriate Fire Department approval is granted. An additional twenty-five "At-Risk" permits may be granted by the Planning and Development Director provided that Fire approval is granted and the respective Final Map for the subdivision is submitted and deemed technically correct by the Public Works Department.

Upon issuance of an At-Risk Permit, applicants shall respond within 30 days to plan review comments through the submittal of revised plans until the At-Risk Permit is converted to a formal permit, or the At-Risk Permit could be revoked. Two additional 30 days extensions may be granted by the Building Official.

(Added Ord. 2018-17, § 1, eff. 8-2-18; Am. Ord. 2022-008, § 1, eff. 6- 6-22).

Note— Former § 12-2202. See editor's note, § 12-2201.

The holder of such "at-risk" permit shall proceed at the holder's own risk, including all risk of liability, and without assurance that a notice of acceptance of infrastructure improvements will be recorded, or that a certificate of occupancy for a building or structure will be granted. The holder must receive all necessary inspections during the course of "at-risk" construction. Corrections or modifications in work performed may be required to meet the requirements of the technical codes and final approved plans. Occupancy will not be permitted until all plans are approved, all conditions of approval required for occupancy are met, and the final map, if required for the property, is recorded.

(Added Ord. 2018-17, § 1, eff. 8-2-18; Am. Ord. 2022-008, § 1, eff. 6- 6-22).

Note— Former § 12-2203. See editor's note, § 12-2201.

The Development and Resource Management Department may set forth additional policies and procedures for the issuance of "at-risk" permits consistent with and to carry out the intent of this article. Any additional policy or procedure issued pursuant hereto shall be approved by the Council.

(Added Ord. 2018-17, § 1, eff. 8-2-18; Am. Ord. 2022-008, § 1, eff. 6- 6-22).

Note— Former § 12-2204. See editor's note, § 12-2201.

The operation of this article shall be reviewed by the Council within one (1) year of its effective date. The City Manager shall provide a report to the Council with findings and recommendations.

(Added Ord. 2018-17, § 1, eff. 8-2-18; Am. Ord. 2022-008, § 1, eff. 6- 6-22).

Note— Former § 12-2205. See editor's note, § 12-2201.