REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
BY: ROB HOLT, Supervising Planner
Planning and Development Department
SUBJECT
Title
Actions pertaining to Amendment Application No. P23-02808 and related Environmental Finding For Environmental Assessment No. P23-02808 amending Subsection E of Section 3314 of Chapter 15 of the Fresno Municipal Code related to tentative map appeal hearings - Planning & Development Department.
1. ***BILL B-1 (Intro’d 1/11/2024)(For Adoption) Amending Subsection E to Section 3314 of Chapter 15 of the Fresno Municipal Code relating to the language of the required tentative map appeal hearing date from 30 days to 45 days (Subject to Mayor’s Veto)
Body
RECOMMENDATION
1. ADOPT a finding set forth in Environmental Assessment No. P23-02808 dated September 13, 2023, that Text Amendment Application No. P23-02808 is exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption that is can be seen with certainty that there is no possibility of significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3).
2. Bill B-1 (Intro’d 1/11/2024)(For Adoption) - Text Amendment Application No. P23-02808 amending Subsection E to Section 3314 of Chapter 15 of the Fresno Municipal Code relating to the language of the required tentative map appeal hearing date from 30 days to 45 days.
EXECUTIVE SUMMARY
Text Amendment Application No. P23-02808 was initiated by the Planning and Development Director through the Director Initiation Letter dated August 21, 2023 (Exhibit A).
Fresno Municipal Code (FMC) Section 15-3314 describes the process for appealing tentative parcel and tentative tract maps. Subsection E of Section 15-3314 requires that appeals of tentative parcel and tract maps be heard by the Review Authority within 30 days after the appeal has been filed, consistent with Section 66452.5 of the Subdivision Map Act (SMA). SMA Section 66452.5 was recently changed to require the hearing date of an appeal of a tentative parcel map or tract map be within 45 days of the filing of the appeal. The City of Fresno is requesting authorization to amend Subsection E of Section 15-3314 changing the appeal hearing date from the filing date of the appeal from 30 days to 45 days, which is consistent with the SMA.
City Council Action
On January 11, 2024, the City Council considered the item as presented by staff. No members of the public spoke in opposition or support of the project. After a complete hearing, the City Council voted to approve the text amendment and related environmental finding.
Fresno City Planning Commission Action
On November 15, 2023, the Planning Commission considered the item as presented by staff. No members of the public spoke in opposition or support of the project. After a complete hearing, the Planning Commission voted and recommended the City Council approve the text amendment and related environmental finding. The Planning Commission Resolution (Exhibit D) is attached for more information.
BACKGROUND
Fresno Municipal Code (FMC) Section 15-3314 describes the process for appealing tentative parcel and tentative tract maps. Subsection E of Section 15-3314 requires that appeals of tentative parcel and tract maps be heard by the Review Authority within 30 days after the appeal has been filed, consistent with Section 66452.5 of the Subdivision Map Act (SMA). SMA Section 66452.5 was recently changed to require the hearing date of an appeal of a tentative parcel map or tract map be within 45 days of the filing of the appeal. The City of Fresno is requesting authorization to amend Subsection E of FMC Section 15-3314 changing the appeal hearing date from the filing date of the appeal from 30 days to 45 days, which is consistent with the SMA.
City staff recommends amending Section 15-3314 (Exhibit B) as follows:
E. Hearing Date. Shall be held within 30 45 days after the notice of filing the appeal, or as amended per the Map Act (Subdivision Map Act Section 66452.5).
Council District Project Review Committees
The recommendations of the Council District Project Review Committees are as noted below.
Council District 1
On September 14, 2023, the Council District 1 Project Review Committee voted 3-0 to recommend approval of the proposed text amendment.
Council District 2
On September 11, 2023, the Council District 2 Project Review Committee voted 3-0 to recommend approval of the proposed text amendment.
Council District 3
On September 26, 2023, the Council District 3 Project Review Committee voted 3-0 to recommended approval of the proposed text amendment.
Council District 4
There was no Council District 4 Project Review Committee at the time this project was routed for review.
Council District 5
On September 11, 2023, the Council District 5 Project Review Committee voted 4-0 to recommend approval of the proposed text amendment.
Council District 6
On September 18, 2023, the Council District 6 Project Review Committee did not have quorum, thus the project was not heard.
Council District 7
There is no Council District 7 Project Review Committee at this time.
Tower District Design Review Committee
On September 19, 2023, the Tower District Design Review Committee voted 5-0 to recommend approval of the proposed text amendment.
Airport Land Use Commission
On October 2, 2023, the Airport Land Use Commission voted 6-0 to recommend approval of the proposed text amendment.
Development Code Text Amendment Findings
Pursuant to Section 15-5811 of the Fresno Municipal Code, the Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed amendment meets the following criteria:
1. The Code text amendment is consistent with the General Plan and any applicable operative plans; and,
The text amendment that is being proposed to 15-3314 is consistent with the recent change to Section 66452.5 of the Subdivision Map Act.
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 public health, safety, peace, comfort, and general welfare.
The proposed text amendment is consistent with the purpose of the Development Code. It will promote the growth of the city in an orderly and sustainable manner, and promote and protect public health, safety, peace, comfort, and general welfare.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the CEQA Guidelines.
This process included the distribution of the project proposal for comment from other responsible or affected agencies.
The State Guidelines for the implementation of the California Environmental Quality Act provide for the exemption of projects which will have no potential for causing a significant effect on the environment. More specifically, Section 15061(b)(3) of the CEQA Guidelines states: “…CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The City of Fresno has determined that a Finding of No Possibility (Exhibit C) that the project will have impacts on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines is appropriate for the proposed text amendment given that the proposed text amendment will only change the appeal hearing date from 30 days to 45 days.
Notice of City Council Hearing
Pursuant to the requirements of Fresno Municipal Code Section 15-5806 and 15-5007.D, notice of this public hearing was noticed to all school districts within the City of Fresno limits and published in the Fresno Bee on December 29, 2023.
CONCLUSION
The appropriateness of the proposed text amendment has been examined with respect to its consistency with stated goals of the Fresno General Plan; compatibility with surrounding existing and proposed uses; and avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon completion of this evaluation, it can be concluded that Text Amendment Application No. P23-02808 is appropriate.
LOCAL PREFERENCE
Local preference was not considered because this project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in a timely deliverance of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Planning and Development Department.
Attachments:
Exhibit A - Director Initiation Letter [8-21-2023]
Exhibit B - Text Amendment No. P23-02808 amending Subsection (E) of Section 15-3314 of the FMC
Exhibit C - Environmental Assessment No. P23-02808 [9-13-2023]
Exhibit D - Planning Commission Resolution No. 13820