Fresno Municipal Code Art. 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).

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).

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).

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).