Fresno Municipal Code Art. 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.

1. 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. Additional Housing Streamlining.

1. Permitted Uses. The following types of projects shall be permitted with a Zone Clearance if the additional standards within the section are met:

a. Office-to-Dwelling Conversions (also § 15-2742.5).

b. New standalone multi-unit residential development in the O District.

c. Multi-unit residential development in the RM-1, RM-2, and RM-3 Districts on parcels that are within ½ mile of an existing bus stop.

d. Multi-unit residential uses in NMX, CMX, RMX, CMS, and CR Districts on parcels within the City's Infill Priority Area.

2. Exceptions.

a. Sensitive Areas. A project that is located on a parcel that contains any of the following characteristics must obtain a Development Permit.

i. Important Farmland (Prime Farmland, Unique Farmland, or Farmland of Statewide Importance), as designated by the State Department of Conservation;

ii. Williamson Act contract(s);

iii. Special flood hazard area (A, AE, etc.) as designated by the Federal Emergency Management Agency;

iv. Safety Zones 1 (RPZ), 2 (IADZ) or 3 (ITZ) within the Airport Influence Areas as designated by the Airport Land Use Commission of Fresno County;

v. Hazardous sites (e.g., Cortese List reference);

vi. The Project would involve the modification or demolition of a designated Historic Resource.

3. Development or Impact Thresholds. A project site that is determined to require additional review or improvements based on a technical study or analysis required pursuant to any of the following, must obtain a Development Permit unless otherwise specified below.

a. If after a Phase I ESA is completed, a Phase II ESA is recommended.

b. If the project is located on land where no urban development has ever occurred, or on site that could provide suitable habitat for special-status species (trees, natural habitat, etc.), a technical study as required pursuant to General Plan PEIR mitigation measures is required. If it is determined that the property could not provide suitable habitat for special-status species, then the project can be processed as a zone clearance.

c. If the Project involves the demolition or change to the exterior building elevations of a building over 50 years old, a Historic Resource evaluation is required. If the building is determined to be a potentially significant historic resource, a discretionary development permit is required.

d. If a project involves changes on previously undisturbed land, a CHRIS record search is required. If no additional recommendations are provided in this letter that would trigger a cultural resource study, then the project can be processed as a zone clearance.

e. If the Project would exceed 224 units for low-rise (1-2 levels), 225 units for mid-rise (3-10 levels), or 340 units for high-rise (10+ levels) apartments, and generate more than 800 average daily one-way trips. If the project exceeds this threshold but a technical assessment for operational and construction emissions determines the project will be below applicable air district thresholds, then the project can be processed as a zone clearance.

f. Projects within traffic zones TIZ 1, TIZ 2, and TIZ 4 that would generate more than 100 new peak hour trips, projects in TIZ 3 that would generate more than 200 new peak hour trips, projects within the Neighborhood Mixed-Use (NMX), Corridor/Center Mixed-Use, (CMX), Regional Mixed-Use (RMX), Commercial-Main Street (CMS), and Commercial Regional (CR) that generate more than 300 peak hour trips, or projects proposing less than 80% residential development within NMX, CMX, RMX, CMS or CR zone district within the Infill Priority Area. However, if a Traffic Impact Analysis is completed and no off-site improvements beyond standard requirements are recommended, and the project will not exceed LOS thresholds, the application can be processed subject to a zone clearance.

g. If a project does not meet at least one of the project screening criteria contained in the City of Fresno, CEQA Guidelines for VMT Thresholds (Adopted June 2020) according to the Fresno County VMT Screening Application, a discretionary development permit is required.

h. It shall be determined that the proposed project can be accommodated within existing infrastructure by the Review Authority in consultation with the Directors of Public Works and Public Utilities. If major infrastructure improvements are required beyond what is contained in the conditions below in Section 15-1006-D-2 and E (i.e., a well, and off-site traffic signal, transmission mains beyond the project frontage, etc.) in order to accommodate the proposed development, a Discretionary Permit is required.

4. Compliance with Environmental Assessment. Projects shall incorporate all relevant mitigation measures in the following documents as environmental design features:

a. An EIR prepared for the General Plan, in effect at the time of project approval.

b. An EIR prepared for either a Community Plan or Specific Plan that includes the project area, in effect at the time of project approval.

c. An environmental assessment reviewing the removal of density limits in mixed use zone districts.

d. An environmental assessment prepared for projects subject to ministerial approval as noted in Subsection A of this Section General Plan mitigation measures identified in this environmental document that reference "Discretionary Projects" shall also apply to these ministerial Zone Clearance applications.

5. Infrastructure Requirements. The proposed design shall 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 system.

a. The project shall comply with the following standards to ensure it can be adequately served by City Public Utility Services:

i. Pipelines that are downstream (between the project site and wastewater treatment plant or lift station) from the proposed project shall maintain a sewer flow capacity of 1.15 g/Q ratio. Projects that result in a pipeline exceeding the flow capacity of 1.15 g/Q shall construct upsized replacement pipelines for those found to be deficient per the requirements of the Department of Public Utilities Director.

ii. On-site retention or storm drainage system modifications are required for projects within Priority Development Areas and the O District that are: 1) proposed at a density exceeding 16 du/ac in CMS. CR. and NMX, 30 du/ac in CMX, and 45 du/ac in RMX; and 2) within areas where storm drain facilities are already constructed. Projects proposed outside Priority Development Areas and O Districts shall comply with General Plan EIR mitigation measures related to stormwater.

iii. The City shall evaluate additional landfill locations at the time of discretionary projects are submitted and shall not approve development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided.

iv. For any project that would cause the existing water system pipeline in the surrounding area to no be able to meet maximum day demand plus the project required fire flow of 2,500 gallons per minute (gpm), the project developer shall construct upsized replacement pipelines, per the requirements of the Department of Public Utilities Director, in the project vicinity to increase flow for the maximum day demand plus fire flow condition.

6. The project shall comply with the following standards and all applicable Public Works standards:

a. When a proposed residential development consisting of more than 200 units is in close proximity to a school or activity center (e.g., a mixed-use urban area where there is a concentration of commercial and other land uses), is near a bus stop or pedestrian or bicycle route (existing or planned per the Active Transportation Plan as amended), the following may be required:

i. Bicycle and pedestrian facilities such as signalized crossings, traffic signal upgrades, such as left-turn phasing, sidewalks or asphalt paths, and bicycle facilities.

ii. Construction of improvements in accordance with the City of Fresno's Complete Street Policy (as amended).

b. When LOS reaches E or F on High Frequency Transit Corridors, development projects within the Corridors may be conditioned to provide transit street design treatments and operational strategies, or in-lieu fees, set for by the City of Fresno, including intersection treatments, dedicated transit lanes, business access and transit (BAT) lanes, Transit Signal Priority (TSP), and/or others.

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

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

H. 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; Am. Ord. 2025-023, § 5, eff. 12-26-25).

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).

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).

Public notice shall not be required.

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