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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________
338494v1
Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING SECTION 15-4907 OF THE FRESNO
MUNICIPAL CODE, RELATING TO PLANNING ACTIONS.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15-4907 of the Fresno Municipal Code is amended to read:
SECTION 15-4907. – PLANNING PERMITS AND ACTIONS
TABLE 15-4907: PLANNING PERMITS AND ACTIONS
Proposed Activity Permit or Action
Required
Type of Decision
Use-Only Proposals
Establishment of a (P) Permitted use, not
associated with development of property
Zone Clearance Ministerial
Establishment of a (C) Conditional use Conditional Use Permit
Discretionary
Quasi-Judicial
Establishment of a Temporary use Temporary Use
Permit
Discretionary
Quasi-Judicial
Establishment of use which is not listed in
this Code
Director's
Determination
Ministerial
Development Proposals
Development of one single -family home,
duplex, or qualifying Downtown housing
which complies with all provisions of this
Code
Zone Clearance Ministerial
Development of property to a greater
extent than is covered by a Zone
Clearance
Development
Permit (Formerly
Site Plan Review)
Discretionary
Quasi-Judicial
Request for relief from property
development standards due to unique
conditions in conjunction w/a
Development Permit
Variance Discretionary
Quasi-Judicial
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Request for relief from property
development standards of 10% or less in
conjunction with a Development Permit
Minor Deviation Discretionary
Quasi-Judicial
Innovative development proposal which
does not comply with the provisions of
any zone district within this Code
Planned
Development
Permit
Discretionary
Quasi-Judicial
Other Proposals or Actions
Formal interpretation of this Code,
verifications of prior permits, or
confirmation of zoning district
Zoning Inquiry Ministerial
Minor changes to approved plans,
consistent with original findings and
conditions
Minor Modification Ministerial
Change to discretionary permit or change
to approved plans that would affect
findings or conditions
Major Modification Discretionary
Quasi-Judicial
[Modification of conditions or terms of
permit]
[Modification of
Permit]
[Discretionary
Quasi-Judicial]
Violation of conditions or terms of permit Revocation of Permit
Discretionary
Quasi-Judicial
Modifications of or exceptions from
regulations to ensure equal access to
housing for individuals with disabilities
Reasonable
Accommodation for
Housing
Discretionary
Quasi-Judicial
Proposals to change a regulation within
this Code
Development Code
Text Amendment
Discretionary
Legislative
Proposal for development which complies
to regulations of an existing district, but
not the one currently applied to the site
Rezone Discretionary
Legislative
Change of the General Plan land use
designation for a site
Plan Amendment Discretionary
Legislative
Large, multi-phase project which needs
certainty regarding regulations over time
in exchange for public benefits
Development
Agreement
Discretionary
Legislative
TABLE 15-4907: PLANNING PERMITS AND ACTIONS (CONTINUED) Permit or Action Advisory
Body
Review
Authority
Appeal
Body
Public
Notice?
Public
Hearing?
Article
Use-Only Proposals
Zone Clearance - Director PC No No 51
Conditional Use
Permit
- Director
(PC on
referral)
PC
(CC if
referred)
Yes No
(Yes
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w/PC
referral)
Temporary Use
Permit
- Director PC No No 54
Director's
Determination
- Director PC No No 50
Development Proposals
Zone Clearance - Director PC No No 51
Development
Permit
(Formerly Site
Plan Review)
- Director
(PC on
referral)
PC
(CC if
referred)
No No
(Yes
w/PC
referral)
52 Variance - Director
(PC on
referral)
PC
(CC if
referred)
Yes No
(Yes
w/PC
referral)
55 Minor Deviation - Director PC No No 56
Planned
Development
Permit
- Director
(PC on
referral)
PC
(CC if
referred)
Yes No
(Yes
w/PC
referral)
59 Other Proposals or Actions
Zoning Inquiry - Director PC No No 50
Minor
Modification
- Director PC No No 50
Major
Modification
Director Review
Authority
of
Original
Permit
PC or
CC
Yes Same as
Original
Permit
50 [Modification or]
Revocation of
Permit
See Section 15-5016
Reasonable
Accommodation
for Housing
- Director PC No No 57
Development
Code Text
Amendment
PC CC None Yes Yes 58
Rezone PC CC None Yes Yes 58
Plan
Amendment
PC CC None Yes Yes 58
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Development
Agreement
PC CC None Yes Yes 60
SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kristi Costa Date
Supervising Deputy City Attorney
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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________
338496v1
Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING SECTION 15 -5016 OF THE FRESNO
MUNICIPAL CODE, RELATING TO MODIFICATION OF
PERMITS.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15-5016 of the Fresno Municipal Code is amended to read:
SECTION 15-5016. – [MODIFICATION OR] REVOCATION OF PERMITS.
A. Initiation of Proceedings. [Modification or ] 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 [modification or ] 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 [modification or] revocation which shall be not less than 30 days after the giving and posting of such notice.
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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
Original Decision
Making Body
May Initiate
[Modification or]
Revocation
Proceedings?
[Modification or]
Revocation
Authority
Public Notice and
Posting of the Site?
Director Yes Planning
Commission
Yes
Planning
Commission
Yes Planning
Commission
Yes
City Council Yes City Council Yes
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
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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. [Modification or ] Revocation Hearing Procedures. The decision-making body shall establish the [modification or ] 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.
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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.
SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kristi Costa Date
Supervising Deputy City Attorney