Fresno Municipal Code § 15-5801 Purpose

This article provides procedures by which changes may be made to the text of this Development Code, the Zoning Map, or the General Plan or any operative plan whenever public necessity, convenience, and general welfare require such amendment to maintain consistency with the General Plan.

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

The procedures in this article shall apply the following proposals:

A. Development Code Text Amendment. A change to the text of the Development Code.

B. Rezone. An application to change the zoning for a site from one Zone District to another.

C. Plan Amendment. A change in the text of the General Plan or any operative plan, or a change to the General Plan's planned land use designation for a site, including pre-zoning as provided for in Article 61, Concept Plans, Pre-Zoning, and Annexation Procedure.

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

A. Development Code Text Amendment.

1. An amendment to the text of the Development Code may be initiated by the Director, by a resolution of initiation by the City Council or the Planning Commission, or an applicant identified in Section 15-5002, Application and Fees.

2. For land uses not identified in Part II, Base and Overlay Districts, a proposal for a new use may be considered pursuant to Section 15-5020, Director's Determination. Should the Director determine that a use may not be added said procedures, a Text Amendment pursuant to this article may be processed.

B. Rezone. An amendment to the Zoning Map (i.e., Rezone) may be initiated by a property owner identified in Section 15-5002, Application and Fees, the Director, or by a resolution of initiation of the City Council or the Planning Commission.

C. Plan Amendment. An amendment to the General Plan or operative plan may be initiated by an applicant identified in Section 15-5002, Application and Fees, the Director, or by a resolution of initiation of the City Council or the Planning Commission. Plan Amendments include changes to text in said plans, maps, and planned land use designations.

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

A. Application. A qualified applicant, the Director, the Council or Commission shall submit an application for a Rezone or Plan Amendment on a form prescribed by the Director. The Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The resolution of initiation may act as the application for the Council or Commission.

B. Coordination with Other Applications. The Director may allow any necessary applications for amendments to zoning regulations or for approval of discretionary permits to be processed simultaneously with the proposed Development Code Text Amendment, Rezone, or Plan Amendment.

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

The Director, at their discretion, may require that the applicant conduct a neighborhood meeting prior to an application being submitted or during the review of an application as put forth in Section 15-5006, Neighborhood Meeting. Such meeting(s) may be required when, in the opinion of the Director, the project may have an impact on a neighborhood, the project is unique, the project is of such scale or scope that it is likely to generate community interest, or for any other reason.

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

A. Staff Report. The Director shall prepare a report and recommendation to the Planning Commission. The report shall include, but not be limited to, a discussion of how the proposed amendment meets the criteria in Section 15-5811, Criteria for Development Code Text Amendment and Section 15-5812, Criteria for Rezones and Plan Amendments, for approving an amendment and an environmental document prepared in compliance with the California Environmental Quality Act, the General Plan, and any applicable operative plan.

B. Public Hearing Required. All applications shall be referred to the Planning Commission, which shall hold at least one public hearing on any proposed amendment.

C. Public Notice. In addition to the mailed Public Notice requirements of Section 15-5007-B, Mailed Notice, notice of the hearing for a proposed amendment shall be delivered to the applicable school district and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

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

Active plan or council district committees shall review and provide comments on text amendment applications, Rezones, or Plan Amendments. Committees shall review proposed amendments within their purview, unless the text amendment is applicable citywide, then review is required by each committee. Should a committee not meet due to a lack of quorum or any other reason, the Director, at their discretion, may schedule the item for consideration by the Commission and/or Council.

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

The Airport Land Use Commission (ALUC) shall review all text amendments affecting projects or property within an Airport Influence Area for consistency with the adopted Airport Land Use Compatibility Plan which affect the height, density, land use designation, safety, noise, or related aspects of properties within the ALUC's purview, as determined by the Director and/or ALUC staff. The ALUC shall also review all Rezones and Plan Amendments that are within the ALUC's purview. ALUC review shall be completed prior to consideration of the matter by the City Council. Nothing in this Section alters the City's authority or obligations under the laws of the State of California, including but not limited to Article 3.5 of Chapter 4 of the State Aeronautics Act (California Public Utilities Code sections 21670 et seq.).

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, § 32, eff. 6-11-18).

A. Planning Commission Hearing. The Planning Commission shall conduct a public hearing in conformance with Article 50, Common Procedures.

B. Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed application to the City Council. Such recommendation shall include the reasons for the recommendation, findings supporting the recommendation, and the relationship of the proposed change to the General Plan, Code, and applicable operative plans.

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

A. After receiving the report from the Planning Commission, the City Council shall hold a duly-noticed public hearing. The notice shall include a summary of the Planning Commission recommendation, if available at the time of the notice.

B. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed application. If the Council proposes any substantial modification, such as introducing a new zone district or planned land use designation, not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption.

C. Action by the Council shall be final.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 40, eff. 10-21-16).

The Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed amendment meets the following criteria:

A. Development Code Text Amendment findings:

1. The Code text amendment is consistent with the General Plan, 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, and any applicable operative plans; and

2. The amendment is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 5, eff. 10-31-19).

The Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed Rezone or Plan Amendment meets the following criteria:

A. The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy;

B. The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and

C. The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand.

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