Fresno Municipal Code § 15-5020 Director's Determination

This article establishes procedures that are common to the application and processing of all permits and approvals provided for in this Code.

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

A. Applicant.

1. The property owner(s) shall sign all applications.

2. If the application is made by someone other than the owner, written proof, satisfactory to the Director, of the right to act as the owner's agent or to use and possess the property as applied for, shall accompany the application.

3. Written proof of authorization must be signed and dated by the property owner and expressly state what the agent is authorized to do on behalf of the owner.

B. Forms and Materials.

1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.

2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including, but not limited to, operational statements, photographs, plans, drawings, renderings, models, material and color samples, and other items necessary to describe existing conditions on the project site and in the vicinity and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

3. Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C. Application Fees.

1. Payment of Application and Processing Fees. No application or covenant shall be accepted as complete and processed without payment in full of the required application and review fee per the Master Fee Schedule.

2. Multiple Applications. The City's processing fees are cumulative. For example, if an application for a Conditional Use Permit also includes a Variance, both fees shall be charged. Cost savings may be incurred due to similar documents being prepared for a single project, such as CEQA review, should the applications be filed simultaneously.

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

Pre-application review is a process that is intended to provide information on relevant General or Specific Plan policies, zoning and subdivision regulations, and procedures related to projects requiring discretionary approval pursuant to this Code.

A. Applicability. Pre-application review is required for any project that requires a discretionary approval, including, but not limited to, Development Permits, Conditional Use Permits, Variances, Planned Developments, Rezones, General Plan Amendments, subdivisions, and Annexations.

B. Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the "Act"). An application that is undergoing pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 15-5004, Review of Applications. Applications undergoing pre-application review shall not constitute submission and receipt by the City of an application.

C. Review Procedure. The DARM Department shall conduct pre-application review. The Director may consult with or request review by any City agency or official, group, or persons with interest in the application.

D. Summary of Recommendations. The Director shall provide the applicant with a written summary of the procedures and requirements applicable to the potential project.

E. Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application(s) by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City. During the formal review of applications, additional information, applications, etc., may be required.

F. Formal Submittal. Following completion of the pre-application review procedure, the applicant may submit the application and filing fees to the City.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 35, eff. 10-21-16).

A. Determination of Completeness. In compliance with Government Code Section 65920 (the "Permit Streamlining Act" or "PSA"), within 30 days upon receipt of an application for a development project, the Director shall determine and notify the applicant in writing as to whether an application is complete.

B. Incomplete Application. If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 15-5017, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.

2. Submittal of Additional Information.

a. The applicant shall provide the additional information within the time limit specified by the Director, which must be no sooner than 30 days. The Director may grant one extension of up to 90 days.

b. Upon submission of additional requested materials, the Director shall make a new determination and notify the applicant in writing as to whether the application is complete within 30 days of the date the additional materials are received by the City.

3. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified deadline set forth in the Director's letter setting forth the application's deficiencies, or an extended deadline consistent with the maximum time-frames set forth in Subparagraph 2 above, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

4. Refund of Fees for Terminated Applications. The Director shall determine an appropriate refund for fees that may have been collected.

C. Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Code.

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

A. Purpose.

1. The purpose of this section is to comply with Public Resources Code, Section 21082 that mandates local agencies to adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the Director shall conduct a preliminary assessment of potential environmental issues.

2. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Director has deemed necessary to make an environmental determination.

B. Applicability. The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to development projects as may be determined by the City.

C. CEQA References. Any reference to "CEQA," includes Public Resources Code 21000 et seq.

D. Review for Exemption. If the Director determines that the application is subject to review under CEQA, within 30 days after determining that the application is complete, the Director shall determine if the project is exempt from environmental review pursuant to State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

1. If the Director has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.

2. Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a Notice of Exemption with the Fresno County Clerk. The applicant for a project shall be responsible for any fees required to file such notice.

E. Environmental Review Application. If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review. After receiving an environmental review application and required studies, the Director shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. In order to make this determination, the Director shall prepare or cause the preparation of an Initial Study at the applicant's expense.

F. Preparation of Initial Study.

1. The Initial Study shall be prepared in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

2. Following completion of the Initial Study, the Director shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study; or

3. Within 30 days following the date of the notification described above, the applicant shall provide written notification to the Director indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City.

4. If an EIR is being prepared, an Initial Study is not mandatory as outlined by CEQA.

G. Determination of Environmental Significance. Based on the Initial Study, the Director will make one of the following findings and prepare the appropriate environmental documentation in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

1. The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared;

2. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared;

3. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or

4. The proposed project will have, or may have, significant impact(s) and an EIR will be required.

H. Review Authority for the CEQA Finding. The Review Authority of the entitlement shall also have the authority to adopt the related CEQA finding. For example, should the Director be the Review Authority, the Director shall also have the authority to approve the related CEQA finding.

I. Appeals. Notwithstanding other provisions of this Code, the applicant or any aggrieved person may appeal the following environmental determinations made by non-elected decision making bodies of the City directly to Council in the manner described in Section 15-5017, Appeals, unless the Council is the approving authority for the project:

1. Determination that a project is or is not subject to environmental review.

2. Determination that a project is exempt from environmental review.

3. Approval of a Negative Declaration or Mitigated Negative Declaration.

4. Approval of a Finding of Conformity with the Master EIR.

5. Certification of a Final EIR.

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

Neighborhood Meetings shall be conducted as follows:

A. Applicability. Neighborhood meetings shall not be required except when specifically stated in this Code or when otherwise required by the Director.

B. Responsibility. When required, a neighborhood meeting shall be conducted by the applicant at the applicant's expense.

C. Purpose. The purpose of the neighborhood meeting shall be to acquaint the neighborhood with the proposed operation and to receive comment.

D. Timing. A neighborhood meeting shall held be prior to the submission of the associated project application.

E. Notice. Notices of the meeting shall be mailed by first class mail, a minimum 10 days prior to the meeting date, to every owner whose name and address appears on the last equalized County Assessment Roll for any property within 500 feet of the exterior boundaries of the subject property. Proof shall be submitted to the City that such a notice was mailed.

F. Meeting Location, Date, and Time.

1. The meeting shall be held at a location acceptable to the Director.

2. The meeting shall begin between the hours of 6:00 p.m. and 7:00 p.m.

3. The meeting shall not be held on a Friday, Saturday, Sunday, or on any of the following days: Federal Holidays, New Year's Day, New Year's Eve, Birthday of Martin Luther King, Jr., Mardi Gras Day, Washington's Birthday, St. Patrick's Day, Memorial Day, May 5th (Cinco de Mayo), Independence Day, Halloween, Labor Day, Thanksgiving Day Eve, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, or other days of celebration as determined by the Director.

G. Posting. The applicant shall be responsible to post required notices in a prominent place near the entrance to the premises to make it apparent that a neighborhood meeting will be held. It shall be 11 × 17 inches in size, in a form acceptable to the City.

H. Materials. The applicant shall provide participants with a detailed operational statement which shall also be submitted to the City.

I. Report. A detailed report of the meeting shall be submitted to the City with the project application.

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

Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice as follows.

A. Timing of Notice. The Director shall provide a notice at least 10 days before the date of the public hearing or the date of action when no public hearing is required.

1. Dual Notice. When two hearings for the same project will occur within 20 days of one another, a single notice for both hearings is permitted.

B. Mailed Notice. The Director shall provide notice by First Class mail delivery to:

1. The applicant and the property owner; and

2. All property owners of record within a minimum 1,000-foot radius of the subject property as shown on the latest available assessment role; and

3. Any person or group who has filed a written request with the Director for notice regarding the specific application.

4. Additional Notices. The Director, at their discretion, may increase the public notice distance requirements if, in their opinion, the project has the potential to impact properties outside of the standard mailing radius.

5. Conditions of Zoning. For modifications to Conditions of Zoning that were placed on a property that was also subject to a Plan Amendment, the rezone public notice distance shall be increased to a minimum 500-foot radius of the subject property while a public notice shall also be posted on the site per Subsection C below.

C. Posting of the Site. For other instances where the posting of a site may be required by this Code, the applicant shall post a public notice on the subject property per the following:

1. The public notice shall be posted at least 10 days prior to the public hearing or action;

2. At least one notice per street frontage shall be posted;

3. There shall be at least one notice per 500 feet of street frontage;

4. The City shall prepare the notice;

5. The notice shall contain the information per Subsection E below;

6. The notice shall be a minimum of 11 × 17 inches; and

7. Should the site be developed, a notice shall be posted in a conspicuous location proximate to the entrance(s) of the subject property. This notice shall be in addition to the notices that are required to be posted along the street frontage(s).

D. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least 10 days prior to the hearing.

E. Contents of Notice. The notice shall include the following information:

1. The location of the real property, if any, that is the subject of the application;

2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4. The identity of the hearing body or officer;

5. The names of the applicant and the owner of the property that is the subject of the application;

6. The location and times at which the complete application and project file, including any environmental assessment or determination of exemption from CEQA prepared in connection with the application, may be viewed by the public;

7. A statement that any interested person or authorized agent may appear and be heard and that failure to object to the approval and state said reasons prior to or at the hearing on the decision shall potentially bar any later court challenge to the project approval;

8. A statement describing how to submit written comments;

9. A statement describing how to obtain additional information; and

10. For Council hearings, the Commission's recommendation, if available at the time of the notice.

F. Posting to City Website. When public noticing is required, the notice shall be posted to a designated, central location on the City's website at least 10 days before the public hearing. However a failure to post to the website due to technical difficulties shall not constitute grounds to postpone the hearing or invalidate the decision made at the hearing.

G. Failure to Notify Does Not Affect Validity. The validity of the proceedings shall not be affected by typographical errors in the notice or the failure of any property owner, resident, neighborhood, or interested party to receive a notice.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, §§ 36, 37, eff. 10-21-16).

Whenever the provisions of this Code require a public hearing, the hearing shall be conducted in compliance with the bylaws and meeting procedures for said decision-making body and/or review authority.

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

A. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, the Director shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision.

B. The Director shall mail the Notice of Action within 10 days from the date of taking the action to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.

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

A. Scope. Any approval shall only be for those uses and activities proposed in the application, and excludes other uses and activities. Approvals run with the land and/or building/tenant space, not the applicant. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses that are no longer occupying the same site or tenant space.

B. Conditions of Approval. The site plan, floor plans, building elevations, and/or any additional information or representations, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or insures that the applicant will comply with permit's plans and conditions in all respects.

C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application or based on misrepresentations, so as to either violate any provision of this Code or require additional permits, then the development may be deemed out of compliance with issued permits and the FMC and will be subject to revocation procedures set forth within this Development Code.

D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder and the property owner, or successor property owners, to comply with such reporting, monitoring and assessment requirements as stipulated as part of the granting of the permit. Failure to comply may constitute grounds for revocation.

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

A. Whenever performance of any condition or accomplishment of any development is required by the grant of an approval, and the performance or accomplishment is to occur at or after a specified time, the Director may require the record owner of the land involved to execute a covenant running with the land outlining responsibilities. All covenants and/or agreements shall be approved as to form by the City Attorney and shall be recorded at the Fresno County Recorder's Office.

B. Releases from Covenants. The Director shall issue written releases from required covenants, to be recorded with the County, when they are no longer applicable.

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

A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action on an application, unless an appeal is filed. Appeals shall be filed with the Director before the close of business on the 15th day. No building permit or permits shall be shall be issued until the 16th day following the date of the action. Should the permit not include a building permit, activities of said permit shall not commence until the 16th day.

A. Planning Commission Decision. Unless the Planning Commission decision is appealed for hearing to the Council in accordance with Section 15-5017, Appeals, the decision of the Commission shall be final, subject to writ of administrative mandamus under 1094.6 of the Code of Civil Procedures.

B. Failure to Appeal Commission Decision. Failure by any interested person to petition a Councilmember or the Mayor for an appeal shall constitute a failure to exhaust administrative remedies.

C. Failure to Appeal the CEQA Finding. In accordance with Section 15-5005-I, Appeals, any person may appeal a CEQA Finding not made by the Council to the Council.

D. New Application. A new application for a project on the same site may be applied for after the expiration of the appeal period.

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

A. Expiration. A permit granted under this Code shall automatically expire if it is not exercised or extended within three years of its issuance.

1. Extension for Permit with no Tentative Map. A time extension not exceeding one year beyond the initial three-year period may be requested by applying to the Director at least 30 days prior to the expiration date of the permit. In no case shall the expiration period extend more than four years from the date of final approval. After that time, a new application shall be required. In order to grant an extension, the Director shall find:

a. That the permit holder has clearly documented that they have made a good faith effort to commence work upon the use;

b. That it is in the best interest of the City to extend the permit; and

c. That there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act.

2. Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative map shall be automatically extended to be the same as the term of such tentative map.

B. Exercise of a Development Permit Approval. A Development Permit approval is exercised when a City Building Permit or Grading Permit is secured and physical construction lawfully commenced. After a Grading Permit is issued, the applicant shall maintain an active permit until completion of the project.

C. Exercise of Conditional Use Permit. A permit for the use of a building or a property is exercised when all of the following have occurred:

1. If required, a Certificate of Occupancy has been issued;

2. If required, a valid City business license has been granted;

3. The permitted use(s) has commenced on the site; and

4. If required, a City Building Permit or Grading Permit is secured and construction lawfully commenced. After a Grading Permit is issued, the applicant shall maintain an active permit until completion of the project.

D. Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City Building Permit, if required, is issued, and construction has lawfully commenced.

E. Expiration of a Grading or Building Permit. Should a Grading or Building Permit expire and the time limits specified in this subsection elapse, a new entitlement shall be required.

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

A. Phased projects may be permitted subject to the following:

1. Future phases were identified as part of the original permit.

2. Future Special Uses shall be required to submit and gain approval at the time the use will be established.

B. Commencement of Phases. The initial phase of a project shall commence within the time periods identified in Section 15-5013, Expiration of Planning Entitlements, above. For future phases:

1. For projects less than five acres in area or less than 100,000 sq. ft. of building area, all phases shall be commenced within six years of the original project approval.

2. For all other projects, all future phases shall commence within 10 years.

C. New Permits Required. For phased projects that do not commence within the specified periods, a new permit shall be required.

D. Subdivisions. The time limits for any permit granted in conjunction with an approved tentative map shall be automatically extended to be the same as the term of such tentative map.

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

No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code. For the purpose of this section, the modification of a discretionary permit may include modification of a Development Permit approval.

A. Minor Modifications. The Director may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the Review Authority and would not intensify any potentially detrimental effects of the project or create a new unanticipated impact that may or may not be significant.

B. Major Modifications. A request for changes in conditions of approval of a Discretionary Permit or a change in an approved site plan or building plan that would affect a condition of approval or increase the project's density or intensity or create a potentially significant environmental impact shall be treated as a new application, except that the Director may approve changes that they determine to be minor.

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

Any permit granted under this Code may be revoked or modified if any of the conditions or terms of the permit are violated or if any law or code is violated.

A. Initiation of Proceedings. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director. The Council or Commission may initiate revocation proceedings with adoption of a resolution, whereas the Director shall prepare a letter per Subsection B below.

B. Notice of Initiation. The Director shall give notice of the initiation of revocation proceedings together with the reasons therefor to the property owner. The Director shall set forth in such notice a tentative hearing date for consideration of the proposed revocation which shall be not less than 30 days after the giving and posting of such notice.

C. Notice and Opportunity to Cure. The property owner shall be granted an opportunity to remedy any violations. If such violation is not corrected to the reasonable satisfaction of the City within the time stipulated by the Notice of Initiation, or within such reasonable time as may be required to cure the violation, the City may pursue any remedy available under local, State, or federal law.

D. Revocation Authority. The Modification or Revocation Authority for permits is identified in Table 15-5016. The body identified shall hold an evidentiary hearing.

TABLE 15-5016: MODIFICATION OR REVOCATION AUTHORITY

E. Public Notice and Hearing.

1. The decision-making body shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests by the permit holder with regard to the alleged violations of required conditions, the public, and recommendations proposed by staff.

2. The decision-making body may revoke or modify the permit if it makes a finding on any one or more of the grounds listed in Subsection G below.

F. Revocation Hearing Procedures. The decision-making body shall establish the revocation hearing procedures.

G. Required Findings. The decision-making body may revoke or modify the permit if it makes any of the following findings:

1. The approval was obtained by means of fraud or misrepresentation of a material fact.

2. The use, building, or structure has been substantially changed in character or expanded beyond what is set forth in the permit.

3. The use in question has ceased to exist or has been discontinued for one year or more.

4. There is or has been a violation of or failure to observe the terms or conditions of approval of the permit or variance, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation.

5. The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health, and welfare, or so as to be a nuisance.

H. Notice of Action. Following action to revoke or modify a permit, the Director shall within 10 days issue a Notice of Action describing the decision-making body's action, with its findings. The notice shall be mailed to the property owner and to any person who requested the revocation proceeding.

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

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2024-043, § 1, eff. 1-16-25).

A. Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this section.

1. Appeals of Director Decisions. Decisions of the Director made pursuant to this Code may be appealed to the Planning Commission by filing a written appeal with the Director. Appeals may be filed by any person aggrieved by the decision. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be signed by the person making the appeal and accompanied by the required fee.

2. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by the Councilmember of the district in which the project is located or by the Mayor, either on their own initiative or upon receiving a petition from any person. Appeals must be initiated by filing a letter with the Director. Such action shall require a statement of reasons for the appeal.

3. CEQA Appeals. CEQA appeals shall be made pursuant to Section 15-5005, Environmental Review, including CEQA appeals per Section 15-5005-I, Appeals.

B. Time Limits. Unless otherwise specified in governing State or federal law, all appeals shall be filed with the Director in writing within 15 days of the date of the action, decision, CEQA determination, motion, or resolution from which the action is taken.

C. Procedures.

1. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

2. Transmission of Record. The Director shall schedule the appeal for consideration by the authorized hearing body within 40 days of the date the appeal is filed. The Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the decision making body hearing the appeal. The Director shall also prepare a staff report. The Director, at their discretion, may include a recommendation for action.

3. Withdrawal. Any person who files an appeal of any decision rendered under any of the procedures included in this article may withdraw their appeal in accordance with the following rules:

a. All withdrawals shall be in writing and signed by all persons who signed the appeal.

b. Any appeal may be withdrawn by the appellant prior to the giving of the notice of hearing on appeal with the consent of the Director, who shall have the discretion to withhold such consent if the Director is of the opinion that such withdrawal might act to deprive other interested persons of an opportunity to oppose the action appealed from.

c. The body appealed to may permit the withdrawal of an appeal at any time prior to rendering a decision upon the merits of the appeal.

d. Any withdrawal effectively made pursuant to the above rules shall be an abandonment of the appeal and the decision appealed from shall be reinstated as though no appeal had been made.

e. Refunds shall not be issued for the withdrawal of appeals.

D. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Article 50, Common Procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

E. Action. An action to grant an appeal shall require a majority vote of the appellate body members present representing a quorum. A tie vote shall have the effect of rejecting the appeal.

F. Effect of Council Decision. Unless otherwise provided in the City Charter or Fresno Municipal Code, the Council decision shall be final and effective and subject to a writ under Code of Civil Procedure Section 1094.5 or CEQA Section 1085 immediately upon Council action.

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

Notwithstanding Section 15-5021-C.3 (Building Permit), if requests for multiple Planning entitlements, permits, or approvals are submitted concurrently, they shall all be heard and acted upon at the same time and in the same manner as the entitlement, permit, or approval with the most stringent requirements, as determined by the Director.

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

Requests for formal interpretations of this Code, verifications relating to prior approvals or permits, or confirmation of the applicable zone district for a parcel may be made to the Director. Requests shall be in writing. The decision of the Director shall be made consistent with resolutions adopted by the Commission and Council. This decision may be appealed under Section 15-5017, Appeals.

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

Should this Code not list a permitted use, either directly or indirectly, an applicant may petition the Director to make a determination per this section.

A. Application. The applicant shall provide a detailed operational statement that, at a minimum, provides:

1. A clear definition of the use and a thorough explanation that outlines how the proposed use differs from other uses already identified in the Code.

2. A minimum of three examples how other communities administer the proposed use.

3. A minimum of three local land use examples, including photographs of how the proposed use is different than similar uses.

B. Public Outreach. Prior to making a determination, the Director shall:

1. Present the project to each advisory group (i.e., Plan Implementation and/or Council District Project Review Committees) for comments;

2. Discuss the matter with the Commission at a regularly scheduled hearing; and

3. Shall refer the proposal to the Airport Land Use Commission.

C. Review Authority. The Director, after consulting those identified in Subsection B, may take action per the required findings in Subsection D below, or at their discretion may refer the proposal to the Commission and the Council for consideration. Alternatively, the Director, Commission, or the Council may require a Text Amendment pursuant to Article 58, Amendments to Development Code Text, Rezones, and Plan Amendments.

D. Required Findings. In classifying an unlisted use, the Review Authority shall first make a finding that all of the following conditions exist:

1. The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;

2. The subject use is similar to three or more uses permitted in the district within which it is proposed to be allowed;

3. The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and,

4. The subject use will be so controlled that the public health, safety, and general welfare will be protected.

E. Commission and Council Updates. The Director shall provide an annual update on any new uses that were added via this process during the previous year.

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

Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure or any addition to any structure, including the grading of land and the demolition of a structure, a Building Permit shall be secured from the Department.

A. Form. Application for a Building Permit shall be made on a form provided by the Department and shall be accompanied by accurate information and dimensions as to the size and location of the lot; the size and location of the buildings on the lot; the dimensions of all yards and open spaces; and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Department may require the applicant to furnish a survey of the lot prepared by a licensed surveyor.

B. Conformance with Associated Planning Entitlements. Prior to issuance of a Building Permit, site plans, elevations, construction documents, and other information provided with a Building Permit application shall be determined to substantially conform to the project plans which were approved with a Development Permit, Conditional Use Permit, or other entitlement for the project by the Director. Substantial inconsistencies between Building Permit application information and approved plans, as determined by the Director, may be subject to revocation of Planning permits or rejection of the Building Permit application.

C. Timing.

1. No application for a Building Permit shall be accepted within 90 days of initiation of a change of zone, planned land use designation, or Code regulations that would be affected by the proposed changes.

2. The Director may issue a permit authorizing construction in accordance with the impending zoning district regulations on property being rezoned after the Council has taken affirmative action adopting an ordinance rezoning the property, provided the permit holder and owner of the land and owner of the property being constructed shall have entered into a written agreement with the Director for the City to the effect that should the zoning for any reason whatsoever not become effective, the permit holder or owner shall remove from such property, within 30 days after written notice from the Director, any improvements or construction authorized by such permit and in conflict with existing zoning district regulations and restore said property as nearly as practicable to its prior condition. The written agreement may include provisions dealing with a cash deposit, bond, entry permission, covenants running with the land, hold harmless clause, lien clause, and similar provisions to assure that should the permit holder or owner fail to so remove the improvements or construction, the City could accomplish such removal without cost to the City.

3. Building Permits shall not be considered concurrently with entitlements unless written authorization is provided by the Director. In such instances, the applicant shall affirm in writing that the concurrent review is being done at the applicant's risk, and if the entitlement is rejected for the project, the Building Permit review shall be halted and shall not resume until all necessary entitlements are granted and new, corresponding building plans are submitted.

D. Demolition. Before any structure is demolished, the City's Historic Preservation Officer shall review the request for potential historic significance.

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

A. Use of Buildings. No existing building hereafter enlarged or altered while unoccupied or erected, or moved, shall be occupied or used, and no building shall be changed in use, until after a Certificate of Occupancy has been issued by the Department. Such certificate shall be applied for coincident with the application for a Building Permit, and shall be issued only after such building enlargement or alteration has been completed in conformity with the provisions of this Code and with an approved Development Permit or other entitlement and applicable required conditions and where the proposed use conforms to this Code and applicable required conditions. Any use legally occupying an existing building on June 11, 1960, may be continued, but shall not be changed unless a Certificate of Occupancy for the new use is issued by the Department after finding that such use conforms to this Code and applicable required conditions.

B. Use of Land. No vacant land shall be used, and no existing use of land shall be changed, until a Certificate of Occupancy for such use or change in use has been issued by the Department. Such certificate shall be issued only when such use or change in use conforms to this Code, including any required conditions.

C. Contents. The Certificate of Occupancy shall provide information as determined by the Building Official.

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