REPORT TO THE PLANNING COMMISSION
December 3, 2025
FROM: ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
THROUGH: PHILLIP SIEGRIST, Planning Manager
Planning & Development Department
BY: THOMAS VEATCH, Planner
Planning & Development Department
SUBJECT
Title
Consideration of Annexation Application No. P23-00446, Pre-zone Application No. P23-00449, Development Permit No. P23-00702 and the related Environmental Assessment No. P23-00446/P23-00449/P23-00702 for approximately 10.55 acres of property generally located on the southwest corner of East Nees and North Willow Avenues (Council District 6) - Planning and Development Department.
1. RECOMMEND ADOPTION (to the City Council) of the Mitigated Negative Declaration prepared for Environmental Assessment No. P23-00446/P23-00449/P23-00702 dated October 31, 2025 for the proposed project pursuant to Section 15074 of the California Environmental Quality Act (CEQA) Guidelines.
2. RECOMMEND APPROVAL (to the City Council) of Annexation Application No. P23-00446 (for the Nees-Willow No. 3B Reorganization) proposing detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno.
3. RECOMMEND APPROVAL (to the City Council) of Pre-zone Application No. P23-00449 proposing to pre-zone approximately 5.88 acres of the subject properties from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno CC/ANX (Community Commercial/Annexed Rural Residential Transitional Overlay) zone district; and, ±3.30 acres of the subject properties from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno CC (Community Commercial) zone district.
4. RECOMMEND APPROVAL (to the City Council) of Development Permit No. P23-00702 which proposes development of two (2) ±11,160 square-foot buildings and one (1) ±11,780 square-foot building to be utilized for medical, dental, and/or professional offices.
Body
EXECUTIVE SUMMARY
Rosemary Lozano of Legacy Construction, on behalf of Children's Dentistry and Orthodontics, has filed Annexation Application No. P23-00446, Pre-zone Application No. P23-00449, Development Permit No. P23-00702 pertaining to approximately 10.55 acres of property generally located on the southwest corner of East Nees and North Willow Avenues.
Annexation Application No. P23-00446 requests authorization to initiate annexation proceedings for the Nees-Willow No. 3B Reorganization which proposes detachment from the Kings River Conservation District and Fresno County Fire Protection District and to incorporate 10.55 acres of the subject properties into the City of Fresno.
Pre-zone Application No. P23-00449 proposes to amend the Official Zoning Map of the City of Fresno to pre-zone ±5.88 acres of the subject properties from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno CC/ANX (Community Commercial/Annexed Rural Residential Transitional Overlay) zone district; and pre-zone ±3.30 acres of the subject properties from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno CC (Community Commercial) zone district in accordance with the Annexation Application.
Development Permit Application No. P23-00702 was filed by iT Architecture Inc on behalf of Children's Dentistry and Orthodontics and pertains to ±3.30 acres of property located at 7819 and 7835 North Willow Avenue (APN's: 404-481-19S, 20S). The application proposes development of two (2) ±11,160 square-foot buildings and one (1) ±11,780 square-foot building to be utilized for medical, dental, and/or professional offices.
The subject properties are located within the boundaries of the Fresno General Plan and Woodward Park Community Plan, and both plans designate the subject properties for the Community Commercial planned land use designation.
BACKGROUND / ANALYSIS
Subject and Surrounding Property Information
The proposed project pertains to five (5) contiguous parcels located on the southwest corner of East Nees and North Willow Avenues. Two (2) parcels (Willow (APNs: 404-550-27S, -28S) front along East Nees Avenue while the remaining three (3) parcels (APNs: 404-550-29-S, 404-481-19S, and -20S) front along North Willow Avenue. East Nees Avenue is designated as an arterial street, which according to the Fresno General Plan circulation element, is classified as a street type designed with the primary purpose of moving traffic within and between neighborhoods and to and from freeways and expressways. North Willow Avenue is designated as a super arterial street, which has a primary purpose of moving multiple modes of travel traffic to and from major traffic generators and among subregions.
Three of the subject properties that are closest to the intersection of East Nees and North Willow (APNs: 404-550-27S, -28S, and -29S) are occupied by rural residential homes, while the two properties to the south (APNs:404-481-19S and -20S) are vacant and proposed for development. The subject properties are planned for Community Commercial uses as part of the General Plan and zoned for agricultural uses per County of Fresno zoning.
The surrounding properties within the general vicinity are fully developed commercial properties to the north and east and single-family homes to the west and south. The properties to the north are planned and zoned for commercial uses. The properties to the west and south are planned and zoned for residential medium low density uses. North Willow Avenue is the boundary between the City of Fresno and Clovis. The properties to the east are planned for General Commercial and zoned for P-C-C (Planned Commercial Center) uses per City of Clovis General Plan and zoning map. Additional surrounding property information including the planned land use designations can be found in Exhibit B.
Annexation Proposal and ANX Overlay
The subject properties are located in the County of Fresno, as part of a County island, but within the City of Fresno’s Sphere of Influence (SOI). The SOI is a boundary for land that is expected to be annexed by the City as development is proposed, but until then remains under the jurisdiction of the County of Fresno. The proposed zone district will take in effect once the annexation is approved by the Local Agency Formation Commission (LAFCo) of Fresno.
The annexation proposal (approximately 10.5 acres in gross area) includes the five contiguous subject parcels located on the southwest corner of East Nees and North Willow Avenues. The annexation will also include portions of East Nees and North Willow Avenues.
Staff from the Planning and Development Department met with representatives from LAFCo and Fresno County Public Works and Planning Department. Both LAFCo and the County recommend the entirety of the subject property be annexed into the City’s limits in order to produce a logical and orderly boundary and eliminate an existing County island. By incorporating all five properties, the proposed annexation is consistent with the Memorandum of Understanding, relative to annexations, executed on December 13, 2024.
The City of Fresno ANX (Annexed Rural Residential Transitional Overlay) zone district will be applied to the three properties with existing single-family homes within the proposed annexation boundary (APNs: 404-550-27S, -28S, and -29S), excepting the two properties proposed for construction (APN's: 404-481-19S, 20S). Pursuant to Fresno Municipal Code (FMC) Section 15-1606, the ANX overlay district allows for rural residential use of properties upon annexation to the city so long as the use had been lawfully allowed by the County at the time immediately preceding the annexation, subject provisions of Article 4 (Non-Conforming Uses, Structures, Site Features, and Lots).
Prior Annexation History
The properties to the west were originally also part of the same County island as the subject properties but were annexed to the City as part of the Nees-Willow No. 3 Reorganization, Rezone Application No. R-11-013, and Tract T-6000. The current subject properties were not included as part of the previous annexation, because the property owners at the time stated they would support the process if their properties could be rezoned for Commercial Uses. It was not consistent with the General Plan designation at the time for the properties to be residential, so the properties were not included in the annexation. The subject properties were designated for future commercial land uses as part of the updated General Plan in 2014.
Project Description
The two vacant parcels within the annexation boundary (APNs:404-481-19S and -20S) are proposed to be developed with two (2) ±11,160 square-foot buildings (Buildings ‘B’ and ‘C’) and one (1) ±11,780 square-foot building (Building ‘A’). The buildings are to be utilized for medical, dental, and/or professional offices. California KiDDS Pediatric Dentistry will occupy Building ‘A’ while no tenants have been identified for Buildings ‘B’ and ‘C’. Development will include additional on- and off-site improvements including, but not limited to, landscaping and landscape buffers; 6-foot block walls along the interior and rear property lines; shared parking for employees, customers, and patients; trash enclosures; and lighting. There is an existing improved trail along the north Will Avenue street frontage and three (3) existing drive approaches. The trail will be maintained while the drive approaches will be removed and replaced with one single drive approach along North Willow Avenue.
Pursuant to FMC Table 15-1202 (Land Use Regulations - Commercial Districts), Medical and Dental Offices and Business and Professional Offices are permitted in the CC zone district with an approved Development Permit and not subject to specific limitations or additional regulations for special uses pursuant to FMC Article 27.
Given the conditions of approval dated December 3, 2025 (Exhibit E), the project will meet all the provisions of the FMC and will comply with all applicable design guidelines of the CC zone district including, but not limited to, setbacks, building size and massing, pedestrian access, trails, parking, landscape buffers, screening, and façade design.
Public Services
Trail
A Class 1 bicycle and pedestrian trail is existing along North Willow Avenue and is required to be maintained, pursuant to Figure MT-2 (Paths and Trails) of the Fresno General Plan.
Public Utilities
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies; the mitigation measures of the related Mitigated Negative Declaration; and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
Sewer improvements and facilities include typical requirements such as the construction and extension of sanitary sewer mains and branches the project requires installation of an 8-inch sewer main extended in North Willow Avenue to service the three parcels fronting North Willow Avenue. The proposed project will also be required to provide payment of sewer connection charges.
Water infrastructure improvements and facilities include typical requirements such as the construction and connection to the existing 14-inch water main in North Willow Avenue and payment of applicable connection fees.
Pursuant to FMC Section 6-303, the Department of Public Utilities allows for any existing septic tank(s) on the properties to continue in use for a three-year period, which at that time would require the property owner to connect to the City’s sewer infrastructure.
Pursuant to FMC Section 6-402, the Department of Public Utilities does not allow for any drilling or digging of wells within the city for any other purpose than for furnishing water in whole or in part for refrigeration, air conditioning, or for the purpose of furnishing water to any refrigeration or air-cooling system or unit, or for a drainage well in connection therewith, or for irrigation, or use as a monitoring well. Upon annexation, all property owners using a well for water supply can continue to be used until the well is dry or breaks. At that time, connection to the City’s water system is required.
Property owners, in accordance with State Law, are allowed to continue service with their existing contractor/private hauler for a period of five years following annexation. Following the five-year transition period, property owners are required to register for City of Fresno solid waste service.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a 100-year floodplain as designated on the latest Flood Insurance Rate Maps. The FMFCD reviewed the project and requires the project to construct a peak reducing facility or a private on-site system to connect to existing Master Plan facilities.
Fire Department
The applicant, subdivider, or developer is subject to and responsible for payment of any/all required fees for the entirety of the annexation pursuant to the policies of LAFCo and the City of Fresno; including any cost incurred to the City of Fresno by the detachment of all the annexation’s property from the Fresno County Fire Protection District.
Other Agencies
All comments received from applicable agencies have been incorporated into the conditions of approval for Development Permit Application No. P23-00702. The project will comply with all department comments and conditions and requirements as incorporated into the conditions of approval (Exhibit E).
PUBLIC NOTICE AND INPUT
Neighborhood Meeting
The applicant conducted a neighborhood meeting on July 22, 2021 to discuss the applications and provide opportunity for input. The meeting was not attended by any members of the public (Exhibit I).
Council District 6 Project Review Committee
The Council District 6 Project Review Committee was provided an opportunity to review the applications on May 8, 2024, but the meeting was not conducted due to lack of quorum.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1,000 feet of the subject property, pursuant to Section 15-5007 of the FMC and California Government Code Section 65854 (Exhibit I).
Comments Received
One email (Exhibit K) has been received from the property owner of two parcels included in the Annexation application (APNs: 404-550-27S, 29S). They express opposition to being included in the proposed Annexation and Pre-zone, stating concerns with potential financial implications of future connection to city services, insurance, and property taxes. They are also concerned with how the annexation will affect the existing use of the properties as rural residential homes.
As described above, the project was required to include the three additional parcels with the Annexation and Pre-zone in order to avoid leaving remnant parcels of the County island. Therefore, the City requires inclusion of these three parcels with the project. The General Plan already designates all five parcels for Community Commercial planned land uses. The ANX overlay included as part of the Pre-zone would allow the continuation of agricultural and animal uses for the three rural residential homes, although they would be required to connect to City services after five years.
ENVIRONMENTAL FINDINGS
An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Preparation of the initial study necessitated a thorough review of the proposed project and relevant environmental issues. These environmental and technical studies examined projected sewage generation rates of planned urban uses; the capacity of existing sanitary sewer collection and treatment facilities; optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; and the traffic carrying capacity of the planned major street system.
Mitigation measures have been applied to ensure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, or irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate, in accordance with the provisions of CEQA Guidelines Sections 15070 and 15074.
Based upon the attached environmental assessment, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a Mitigated Negative Declaration for this project. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. P23-00446/P23-00449/P23-00702 (Exhibit J) was published in the Fresno Bee on October 31, 2025, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within FMC Sections 15-5812, 15-5206 and 15-6104. These findings are attached as Exhibit H.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, and the Fresno County Airport Land Use Compatibility Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits. Staff concludes that the required findings contained within FMC Sections 15-5206, 15-5812, and 15-6104 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the project site.
ATTACHMENTS:
Exhibit A - Vicinity Map & Aerial Photograph
Exhibit B - Planned Land Use & Zoning Map
Exhibit C - Operational Statement
Exhibit D - Plan Exhibits
Exhibit E - Conditions of Approval for P23-00702 [12/03/2025]
Exhibit F - Proposed Pre-zone Exhibit
Exhibit G - Proposed Annexation Boundary Exhibit
Exhibit H - Fresno Municipal Code Findings
Exhibit I - Public Hearing Notice and Radius Map
Exhibit J - Environmental Assessment No. P23-00446/P23-00449/P23-00702 [10/31/2025]
Exhibit K - Comments Received
Exhibit L - Fiscal Analysis
Supplemental Exhibit M - Public Comment Received