Fresno Municipal Code Art. 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).

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

4. 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).

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).

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).