Fresno Municipal Code § 15-5201 Purpose

Development Permit approval is required to ensure that new development is carried out in accord with this Code and the goals and objectives of the General Plan and any other adopted plans and guidelines.

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

A. Development. A Development Permit shall be required for all development of property which is ineligible for a Zone Clearance as put forth in Article 51 to confirm that the project is being proposed in a manner which is compliant with all applicable development standards prior to securing a building permit.

B. Deviations. Deviations from applicable standards will require a Variance or Minor Deviation in conjunction with a Development Permit as put forth in Articles 55 and 56.

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

The Director shall approve, conditionally approve, or deny applications for a Development Permit based on consideration of the requirements of this article. The Director may refer items directly to the Planning Commission when in their opinion the public interest would be better served by having the Planning Commission conduct the Development Permit review. In the event 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 Development Permit shall be submitted in accordance with the provisions set forth in Section 15-5002, Application and Fees.

B. The Development Permit application shall be accompanied by a written narrative, operational statement, site plans, elevations, three-dimensional renderings, 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, floor plans, and building cross 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).

The Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following:

A. The applicable standards and requirements of this Code.

B. The General Plan and any operative plan or policies the City has adopted.

C. Any applicable design guidelines adopted by the City Council.

D. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.

E. 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, § 2, eff. 10-31-19).

In granting Development Permit approval, the Review Authority may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this article and ensure compliance with the applicable criteria and standards established by this Code or mitigation required pursuant to environmental review. Conditions may be related to the following objectives:

A. Ensure long-term maintenance of adequate clean water resources.

B. The proposed design will 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 systems.

C. The proposed design incorporates air quality measures or can demonstrate that it will not negatively impact air quality.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, § 31, eff. 6-11-18).

Development Permit decisions are subject to the appeal provisions of Section 15-5017, Appeals.

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

Development Permit approval may only be modified as provided for in Article 50, Common Procedures.

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