REPORT TO THE PLANNING COMMISSION
September 3, 2025
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
ROB HOLT, Supervising Planner
Planning and Development Department
BY: JUAN LARA, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of Annexation Application No. P23-02268; Pre-zone Application No. P23-02269 ; Vesting Tentative Tract Map No. 6432; Planned Development Permit Application No. P23-03234; and related Environmental Assessment No. T-6432/P23-02268/P23-02269/P23-03234 for approximately 9.46 acres of property located on the west side of South Peach Avenue, between East Tulare Street and East Huntington Avenue (Council District 7) – Planning and Development Department.
1. RECOMMEND ADOPTION (to the City Council) of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6432/P23-02268 /P23-02269 /P23-03234 dated August 8, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15070.
2. RECOMMEND APPROVAL (to the City Council) of Annexation Application No. P23-02268 (for the Tulare-Peach 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. P23-02269 proposing to pre-zone approximately 4.18 acres of property from the Fresno County RA-NB (Single Family Residential Agricultural/Neighborhood Beautification) zone district to the City of Fresno RS-5 (Single-Family Residential, Medium Density) zone district and approximately 4.80 acres of the property from the Fresno County AL20 (Limited Agricultural) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district.
4. RECOMMEND APPROVAL (to the City Council) of Vesting Tentative Tract Map No. 6432 proposing to subdivide approximately 3.97 acres of property into a 44-lot single-family residential development, subject to compliance with the Conditions of Approval dated September 3, 2025, and contingent upon approval of Annexation Application No. P23-02268, Pre-zone Application No. P23-02269 and the related environmental assessment.
5. RECOMMEND APPROVAL (to the City Council) of Planned Development Permit Application No. P23-03234 proposing to modify the RS-5 zone district development standards, including, but not limited to, to allow for gated private streets, subject to compliance with the Conditions of Approval dated September 3, 2025, and contingent upon approval of Annexation Application No. P23-02268, Pre-zone Application No. P23-02269, Vesting Tentative Tract Map No. 6432 and the related environmental assessment.
Body
EXECUTIVE SUMMARY
Bonique Emerson of Precision Civil Engineering, Inc., on behalf of Cameron Graham of Golden State Developers, LLC, has filed Annexation Application No. P23-02268, Pre-zone Application No. P23-02269, Vesting Tentative Tract Map No. 6432, and Planned Development Permit Application No. P23-03234 pertaining to approximately 9.46 acres of property located on the west side of South Peach Avenue, between East Tulare Street and East Huntington Avenue.
Annexation Application No. P23-02268 (Tulare-Peach No. 3b Reorganization) is a request for annexation to the City of Fresno and detachment from the Fresno County Fire Protection District and the Kings River Conservation District.
Pre-zone Application No. P23-02269 proposes to reclassify approximately 4.18 acres of the property from the Fresno County RA-NB (Single Family Residential Agricultural/Neighborhood Beautification) zone district to the City of Fresno RS-5 (Single-Family Residential, Medium Density) zone district and approximately 4.80 acres of the property from the Fresno County AL20 (Limited Agricultural) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district.
Vesting Tentative Tract Map No. 6432 proposes to subdivide approximately 3.97 acres of property into a 44-lot single-family residential development, and which is contingent upon City Council approval of Annexation Application No. P23-02268, Pre-zone Application No. P23-02269 and the related environmental assessment.
Planned Development Permit Application No. P23-03234 proposes to modify the RS-5 zone district development standards to allow for gated private streets; a reduction in the minimum lot size and depth; a reduction in the minimum garage from back of curb or sidewalk, garage from primary façade, front yard, interior and street side yard, and rear yard setbacks; and an increase in the maximum lot coverage requirement; and which is contingent upon City Council approval of Annexation Application No. P23-02268 , Pre-zone Application No. P23-02269 , Vesting Tentative Tract Map No. 6432 and the related environmental assessment.
The subject property is located within the boundaries of the Fresno General Plan and Roosevelt Community Plan, and both plans designate the subject property for Medium Density (5 to 12 dwelling units per acre (du/ac)). The proposed density of the subdivision is 11.08 du/ac. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property.
BACKGROUND
The subject property is located in the County of Fresno, but within the City of Fresno’s Sphere of Influence (SOI). The SOI consists of 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 effect once the annexation is approved by the Local Agency Formation Commission (LAFCo) of Fresno.
The subject property is a vacant site located on the west side of South Peach Avenue, between East Tulare Street and East Huntington Avenue. The vicinity of the subject property consists of single-family residential uses to the north, west, east, and south.
Surrounding Properties / Annexation Boundary
The annexation proposal (approximately 9.46 acres in gross area) includes street rights-of-way adjacent to the subject property proposed for development and an additional adjacent property to the south of the subject property. The adjacent property is developed with a single-family residential use.
Staff from the Planning and Development Department met with representatives from the Fresno County Local Agency Formation Commission (LAFCo) and Fresno County Public Works and Planning Department (County). Both LAFCo and the County recommended annexation of the entirety of the subject property, full South Peach Avenue rights-of-way along the project, and the adjacent property to the south, to the current location of City limits adjacent to the property to the north and south.
Community Facilities District (CFD) No. 18
Vesting Tentative Tract Map No. 6432 is required to enter into CFD No. 18, which was created to help offset Police and Fire costs associated with the annexation.
Planned Development
Planned Development Permit Application No. P23-03234 requests authorization to allow for gated private streets and modify the minimum lot size and depth; reduce the minimum garage from back of curb or sidewalk, garage from primary façade, front yard, interior and street side yard, and rear yard setbacks; and an increase in the maximum lot coverage requirement, as follows:
• Minimum lot size from 4,000 square feet to 2,278 square feet
• Minimum lot depth (where front or rear property line abuts major street) from 90 feet to 63 feet
• Minimum lot depth (standard) from 70 feet to 56 feet
• Garage setback (from back of curb or sidewalk) from 18 feet to 5 feet
• Garage setback (from primary façade) from 4 feet to 0 feet
• Front yard setback (to living façade) from 13 feet to 5 feet
• Street side yard setback from 10 feet to 5 feet
• Interior side yard setback from 3 feet per side / 8 feet total to 3 feet per side / 6 feet total
• Rear yard setback from 10 feet to 5 feet
• Maximum lot coverage from 60 percent to 80 percent. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District.
The subject property is proposed to be zoned RS-5. The proposed project is required to comply with the development standards in Fresno Municipal Code (FMC) Section 15-903, except for the permitted modifications made through the Planned Development Permit, listed above.
Landscaping/Walls/Open Space
The proposed subdivision is located along a major street (South Peach Avenue). Pursuant to FMC Section 15-4105.F.2, the development will be required to install landscaping and irrigation within a minimum 10-foot-wide landscaped outlot abutting all property lines with frontage along South Peach Avenue. Pursuant to FMC Section 15-4105.G.2.a, major street entryways into the subdivision are required to incorporate enhanced ten-foot-wide landscaped outlots along the street side yards of corner lots which are adjacent to the local street (lots 1 through 3 of
The long-term maintenance and operating costs, including repair and replacement, of required public improvements (Services) associated with new single-family developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the responsibility of the developer. The developer shall provide for maintenance of these Services by a mechanism approved by the Public Works Department or by annexing into the City of Fresno Community Facilities District (CFD) No. 11.
Walls/Open Space
Pursuant to FMC Section 15-4105.F.2, the rear of all lots with frontage along South Peach Avenue shall construct a minimum 6-foot-high decorative masonry wall. This applies to lots 1 through 3 and the park lot. The subject property is located within the Roosevelt Community Plan and along an arterial street (North Belmont Avenue) . Pursuant to Roosevelt Community Plan Policy No. 1-5.8, a minimum 15-foot landscape setback is required along major streets. Vesting Tentative Tract Map No. 6432 depicts a 15-foot-wide landscaped outlots along the street side yards of corner lots adjacent to the local street. This applies to lots 1, 2, 3, and the park lot.
An approximate 4,709 square-foot open space area is proposed at northeast corner of subject property.
Public Services
Public Utilities
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer services are available to serve the project site subject to implementation of the Fresno General Plan policies; the mitigation measures of the related environmental assessment; and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
For water service, the subject property is located within the jurisdiction of the Bakman Water District. All water service requirements and/or restrictions shall be applicable to the Bakman Water District standards.
Sewer improvements and facilities include typical requirements such as the construction and extension of sanitary sewer mains and branches within the interior of the proposed tract. On-site sanitary sewer facilities for the project shall be private to be operated and maintained by the developer. The proposed project will also be required to provide payment of sewer connection charges.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a 100-year flood prone area as designated on the latest Flood Insurance Rate Maps
Permanent drainage service is available to support the proposed project. However, the district’s existing Master Plan drainage system is engineered to accommodate medium-low density residential development. As such, the current storm drainage infrastructure lacks the capacity to serve the proposed higher-density residential land use.
To address this discrepancy, provided the developer will be required to mitigate the increased runoff generated by the higher-density development. Mitigation measures must ensure that post-development runoff rates do not exceed those anticipated under a medium-low density residential scenario, consistent with the design parameters can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan system inlet(s).
Fire Department
The Fire Department offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limits.
Based on the conditions provided by the Fire Department, the subject property will be served by Fire Station 15 (approximately 2 to 3 miles away).
Streets and Access Points
The Fresno General Plan designates South Peach Avenue as a scenic arterial street. The proposed project will take access from one (1) private gated entrance on South Peach Avenue via a vehicular private entrance.
The project will require dedications and/or acquisitions for public street rights-of-way and utility easements, as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure, in accordance with all applicable standards, specifications, and policies of the City of Fresno and responsible agencies.
The Public Works Department’s Traffic Engineering Division has reviewed the proposed project and potential traffic-related impacts and determined that the streets adjacent to and near the subject site will accommodate the quantity and kind of traffic that may be potentially generated, subject to the requirements of the Traffic Engineering Division’s memorandum dated July 08, 2024. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and, (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, the Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation (RTMF) Fee.
Neighborhood Meeting
The applicant held a neighborhood meeting on November 30, 2022, and noticed property owners within 1,000 feet of the annexation area. During the meeting, the applicant presented an overview of the project, including exhibits of the proposed development.
The meeting was held at Easterby Elementary School (5211 East Tulare Avenue) at 6:30 p.m. and 13 neighbors attended the meeting. According to information provided by the applicant, the neighbors had questions about; a homelessness encampment on the subject property; the potential for project to incorporate low-income apartments; other County parcels outside of the annexation area being impacted; the previously approved multi-family project north of the subject area; and, the proposed development plans for the property to the south being annexed. The applicant responded with the following:
• Homeless encampment: The applicant and property owner are actively working with the Fresno County Sheriff’s Department to keep the site clean, maintained, and free of homelessness and other nuisances. The applicant and property owner have paid out-of-pocket to remove these encampments consistent with the law in an effort to be a good neighbor.
• Multi-family project to the north: The proposed subdivision has no bearing on other previously approved projects outside of the proposed annexation area.
A summary of the meeting has been provided by the applicant (Exhibit N).
Council District Project Review Committee
There is no Council District 7 Project Review Committee at this time.
Airport Land Use Commission
The Airport Land Use Commission (ALUC) reviewed the proposed project and determined that Airspace review is required for any object (temporary or permanent) over 100 feet tall. The proposed peak height of the project is conditioned to be no taller than 35 feet (maximum height requirement of the RS-5 zone district).
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to property owners and residents within 1,000 feet of the subject property, pursuant to FMC Section 15-5007 (Exhibit I), and posted them in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
ENVIRONMENTAL FINDINGS
An initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act. This 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. The environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; and traffic carrying capacity of the planned major street system.
All necessary mitigation measures have been applied to ensure that the project will not cause significant adverse cumulative impacts, growth-inducing impacts, or irreversible significant effects. Additionally, Staff has determined that no substantial changes have occurred and that no new information has become available pursuant to Public Resources Code, Section 21157.6(b)(1). 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.
A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6432/P23-02268 /P23-02269 /P23-03234 (Exhibit M) was published in the Fresno Bee on August 8, 2025, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, Staff concludes that the required by FMC Sections 15-3309, 15-5905, 15-5812, and 15-6104 can be made. These findings are attached as Exhibit H.
GROUNDS FOR DENIAL OF TENTATIVE MAP
Section 66474 of the Subdivision Map Act (SMA) (California Government Code §§ 66410, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made.
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access of or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
Staff has determined that none of the findings above apply to the project and has recommended approval subject to the Conditions of Approval (Exhibits J and K).
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 Roosevelt Community Plan; compliance with the provisions of the FMC; 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. The proposed project does not meet the findings for denial per the SMA, and Staff concludes that the required findings contained within FMC Sections 15-3309, 15-5905, 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 – Vesting Tentative Tract Map 6432 [6-10-2024]
Exhibit A-1 – Planned Development Site Plan [6-10-2024]
Exhibit B – Operational Statement [6-10-2024]
Exhibit C – Aerial Map
Exhibit D – Vicinity Map
Exhibit E – Fresno General Plan Land Use & Zoning Map
Exhibit F – Proposed Annexation Exhibit
Exhibit G – Proposed Pre-zone Exhibit
Exhibit H – Fresno Municipal Code Findings
Exhibit I – Public Hearing Notice Radius Map (1,000 feet)
Exhibit J – Conditions of Approval for Vesting Tentative Tract Map 6432 [9-3-2025]
Exhibit K – Conditions of Approval for Plan. Dev. App. P23-03234 [9-3-2025]
Exhibit L – Comments & Requirements from Responsible Agencies
Exhibit M – Environmental Assessment T-6432/P23-02268/P23-02269/P23-03234 [8-8-2025]
Exhibit N – Neighborhood Meeting Summary