REPORT TO THE PLANNING COMMISSION
June 18, 2025
FROM: JENNIFER K. CLARK, AICP, Director
Planning and Development Department
ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
THROUGH: PHILLIP SIEGRIST, Planning Manager
Planning and Development Department
BY: JUAN LARA, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of Annexation Application No. P21-05778; Pre-zone Application No. P21-05870; Development Permit Application No. P23-00149; and related Environmental Assessment No. P21-05778/P21-05870/P23-00149 for ±80.91 acres of property located on the west side of South Cherry Avenue between East North and East Central Avenues (Council District 3) - Planning and Development Department.
1. RECOMMEND ADOPTION (to the City Council) of the Mitigated Negative Declaration prepared for Environmental Assessment No. P21-05778/P21-05870/P23-00149 dated May 22, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA); and
2. RECOMMEND APPROVAL (to the City Council) of Annexation Application No. P21-05778 (for the North-Cherry No. 3b Reorganization) proposing incorporation of the subject properties within the City of Fresno; and detachment from the Kings River Conservation District and Fresno County Fire Protection District; and
3. RECOMMEND APPROVAL (to the City Council) of Pre-zone Application No. P21-05870, requesting authorization to amend the Official Zoning Map of the City of Fresno to pre-zone the subject property from the Fresno County AL 20 (Limited Agricultural) zone district (±51.72 acres) to the City of Fresno IH (Heavy Industrial) zone district ( ±15.95 acres) and ; and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district (±35.77 acres) in accordance with the Annexation Application; and
4. RECOMMEND APPROVAL (to the City Council) of Development Permit Application No. P23-00149, requesting authorization to construct a long-term regional facility for the purpose of providing less-than-truckload freight services.
Body
EXECUTIVE SUMMARY
Bonique Emerson of Precision Civil Engineering, on behalf of Daniel Onifer of Crown Enterprises, has filed Annexation Application No. P21-05778, Pre-zone Application No. P21-05870, and Development Permit Application No. P23-00149 pertaining to approximately 80.91 acres of property located on the west side of South Cherry Avenue between East North and East Central Avenues.
Annexation Application No. P21-05778 (for the North-Cherry No. 3b Reorganization) proposes detachment from the Kings River Conservation District and Fresno County Fire Protection District and annexation to the City of Fresno of approximately 80.91 acres.
The pre-zone application proposes to amend the Official Zoning Map of the City of Fresno to pre-zone the subject property from the Fresno County AL 20 (Limited Agricultural) zone district (±51.72 acres) to the City of Fresno IH (Heavy Industrial) zone district ( ±15.95 acres); and City of Fresno IH/ANX (Heavy Industrial/Annexed Rural Residential Transitional Overly) zone district (±35.77 acres) in accordance with the Annexation Application.
Related Development Permit Application No. P23-00149 requests authorization to construct a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services on a 15.22-acre portion of the 80.91-acre annexation area.
BACKGROUND
Annexation Application No. P21-05778, Pre-zone Application No. P21-05870, and Development Permit Application No. P23-00149 were filed by Bonique Emerson of Precision Civil Engineering, Inc., on behalf of Daniel Onifer of Crown Enterprises pertaining to approximately 80.91 acres of property on the west side of South Cherry Avenue between East North and East Central Avenues.
Annexation Proposal and ANX Overlay District
The subject properties are located in the County of Fresno, 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 effect once the annexation is approved by the Local Agency Formation Commission (LAFCO) of Fresno.
The annexation proposal (approximately 80.91 acres in gross area) includes an additional thirteen (13) properties north and three (3) properties south to the subject property proposed for development. The adjacent properties are a combination of agricultural, rural residential, public facilities, diesel engine repair, industrial, and vacant properties. The annexation will also include a portion of Highway 41 to the west.
Staff from the Planning and Development Department met with representatives from the Fresno County Local Agency Formation Commission (LAFCO) and County Public Works and Planning Department (County). Both LAFCO and the County recommended the entirety of the subject property be annexed into the City’s limits in order to produce a logical and orderly boundary and to avoid the creation of a peninsula. By including these properties, the proposed annexation is consistent with the Fresno General Plan and the associated Memorandum of Understanding (MOU).
The City of Fresno ANX (Annexed Rural Residential Transitional Overlay) zone district will be applied to all properties within the proposed annexation boundary outside of the development proposal area. Pursuant to Fresno Municipal Code (FMC) Section 15-1606(B)(1)(b), the ANX overlay district allows for the continued use of properties at the time of annexation to the city so long as the existing use(s) have been lawfully allowed by the County at the time immediately preceding the annexation, subject provisions of FMC Chapter 15, Article 4 (Non-Conforming Uses, Structures, Site Features, and Lots).
Surrounding Property Information
The project site is currently vacant and is located within the South Industrial Priority area, which is identified in Figure IM-1 of the Fresno General Plan (Exhibit M). The subject properties are in an area generally characterized by agricultural and rural residential properties (east), public facilities, diesel engine repair, and industrial uses (north), auto repair and vacant properties (south), and Highway 41 (west). Furthermore, surrounding properties are all planned for Employment - Heavy Industrial land uses. Additional surrounding property information including the planned land use designations can be found in Exhibit D.
Project Description
The proposed business, Central Transport, previously occupied a ±1.99-acre site located near East Muscat and South Cedar Avenues. However, the site was purchased by the California Department of Transportation to develop a portion of the High Speed Rail project. The applicant is proposing to relocate to the subject ±15.22-acres property on the west side of South Cherry Avenue between East North and East Central Avenues. The site is approximately ±1.6 miles west of the previous location.
The project proposes a long-term regional facility for the purpose of providing less-than-truckload (LTL) freight services. The facility will also include a ±3,200 square foot administrative office, ±68,570 square foot cross-dock transfer platform, ±11,880 square foot fleet maintenance shop, a diesel fuel system for fleet equipment, and ±3,494 square foot office. In addition, on- and off-site improvements are proposed including, but not limited to, three (3) points of vehicular ingress and egress along South Cherry Avenue; curbs, gutters, and sidewalks; landscaping; and employee and truck parking. All trucks will enter and exit the site only from two (2) of the three (3) drive approaches along South Cherry Avenue.
The proposed facility will operate 24 hours per day, Monday through Friday. Operations will occur on Saturdays only from night drivers arriving prior to 7:00 a.m. from their departure on Friday. Approximately 70 to 80 employees are projected to work at the facility.
Truck trips associated with the proposed facility will consist of shipping and receiving activities during hours of operation. In total, the Project anticipates ±84 truck trips per day and ±120 passenger vehicle trips per day. Truck unloading is proposed along the east side and loading is proposed along the west side of the proposed dock at the center of the project site, accessible by drive aisles located adjacent to the dock. Tractor trailers on site during loading and unloading will not be permitted to idle their engines.
Land Use and Zoning
The Fresno General Plan and North Avenue Industrial Triangle Specific Plan designate the property for heavy industrial (IH) land uses. Pursuant to FMC Table 15-1302, Indoor Warehousing, Storage, and Distribution and Freight/Truck Terminals and Warehouse uses are permitted in the IH 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, the project will meet all the provisions of the FMC and will comply with all applicable design guidelines of the IH zone district including, but not limited to, setbacks, building size and massing, outdoor storage, screening, parking, open space, pedestrian access, sidewalks, and façade design.
Assembly Bill (AB) 98 (Restrictions on Logistics Uses)
This project has been determined to be exempt from AB 98, which was signed into law by Governor Gavin Newsome on September 29, 2024. AB 98 imposes standards relating to warehouse design, location, parking, truck loading bays, landscaping buffers, entry gates, and signage. The requirements that would apply to a project depend on the presence of sensitive receptors, the size of the project, and the existing zoning. AB 98 broadly applies to all new development of logistics uses, and expansions of 20% or more, unless an exception applies. AB 98 defines a logistics use as “a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominately serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.”
Projects that meet the definition of a “logistics use” are exempted from AB 98’s requirements in any of the following situations:
• Projects that were approved by a local agency prior to AB 98’s effective date of January 1, 2026;
• Projects subject to a commenced local entitlement process prior to September 30, 2024; or
• Mixed-use developments that may create sensitive receptors on the site of the new logistics use provided there are not existing sensitive receptors within 900 feet of a loading bay.
The City of Fresno accepted the project applications on January 20, 2023, which commenced a local entitlement process that occurred prior to September 30, 2024; therefore, the project is exempt from the provisions of AB 98.
ANALYSIS
Traffic & Circulation
The project site has one existing street frontage, South Cherry Avenue, to the east. East North Avenue is located 0.25 miles to the north and East Central Avenue is located 0.65 miles to the south. The Fresno General Plan Circulation Element designates South Cherry Avenue as a two-lane collector street. At present, no bicycle facilities or pedestrian facilities serve the project site. The project will include frontage improvements (i.e., curb, gutter, and sidewalk) along South Cherry Avenue. Fresno Area Express (FAX) Bus Route 34 serves the project site with the nearest bus stop across the street ±125 feet away from the project site.
East North Avenue, between State Route 41 and Highway 99, is a designated truck route. In addition, a 0.36-mile segment of South Cherry Avenue, south of East North Avenue, is designated as a truck route. The remaining 0.64-mile segment of South Cherry Avenue, to East Central Avenue, is identified as a planned truck route. East Central Avenue, between State Route 41 and Highway 99, is also identified as a planned truck route.
Trucks will enter and exit from two (2) proposed drive approaches along South Cherry Avenue, and employees and guests will enter from a separate third drive approach along the southern end of the site. Truck traffic coming to the site is required to travel southbound along South Cherry Avenue, only from East North Avenue, and enter and exit from the two (2) northern-most drive approaches. Truck traffic leaving the site is required to travel northbound along South Cherry Avenue to East North Avenue only. Truck trips will be prohibited from going to and from the site from the south.
Pursuant to Figure MT-4 of the Fresno General Plan, the proposed project is located within Traffic Impact Zone IV (TIZ-IV), which represents the southern employment areas planned by the City. The threshold established by the Fresno General Plan in TIZ-IV is a peak hour Level of Service (LOS) standard of E or better for all intersections and roadway segments. Furthermore, a Traffic Impact Study (TIS) would be required for all development projected to generate 200 or more peak hour new vehicle trips.
The projected Trip Generation based on operational data for the proposed project consists of 180 total daily passenger car trips and 126 total daily truck trips. The highest peak AM or PM hour trip generation is 87 trips. Although the highest peak hour trip generation is less than 200 peak hour new vehicle trips, the project includes a Pre-zone which requires a TIS to be completed.
A TIS was prepared for the project and is included as Appendix D of the related environmental assessment (Exhibit N). Central Transport’s activities at this site will involve the unloading and transfer of incoming freight from trailers coming to the facility, and direct loading to trailers which will travel outbound to their destination. No outside storage of material will be required with this operation.
Air Quality and Greenhouse Gas Emissions
An Air Quality and Greenhouse analysis Technical Memorandum was prepared by Johnson Johnson and Miller Air Quality Consulting Service and included in the Environmental Assessment prepared for this project.
The air quality analysis concluded that the Project would not exceed the San Joaquin Valley Air Pollution Control District (SJVAPCD) regional thresholds of significance for any pollutant of concern and would be considered consistent with the existing Air Quality Plans. The Project would comply with all applicable California Air Resources Board and SJVAPCD rules and regulations. Therefore, the Project complies with this criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plan with regards to this criterion.
Noise
Fleet Maintenance Shop
The Project will include a fleet maintenance facility, to be located along the northern portion of the Project site. Sensitive receptors are located within ¼ mile of the Project site, with residences to the south and southeast. There are no additional sensitive receptors (schools, hospitals, convalescent facilities, or others) within this ¼ mile; however, it should be noted that there is an elementary school 0.27 miles to the southeast (Orange Center Elementary).
The City’s maximum daytime noise level standard is 70 dB and maximum nighttime noise level standard is 60 dB. Considering the standard rate of attenuation of noise with increased distance from a point source (6 dB/doubling of distance), noise levels would not exceed 60 dB at setback distances of 250 feet or greater from the source. The proposed fleet maintenance shop would not be located within 250 feet of any noise‐sensitive receptor locations. As such, noise levels associated with the proposed fleet maintenance would not be expected to result in noise levels exceeding any City of Fresno noise level standards. It should be noted, the noise levels described in the Acoustical Analysis were measured outdoors, with no acoustic shielding. Fleet maintenance activities would likely occur indoors, where noise would be attenuated by the building itself. Therefore, the fleet maintenance shop noise levels should be considered a worst‐case assessment of noise levels associated with the fleet maintenance shop.
Truck Movements
The Project will include a cross‐dock transfer platform for loading/unloading, as well truck and trailer parking. Trucks would enter and exit the project site via South Cherry Avenue. The facility will be accessible 24 hours per day, Monday through Friday, as well as Saturday mornings.
Noise associated with truck movements is generally limited to noise associated with on‐site vehicle movements as well as the release of air brakes. The closest sensitive receptors are the residential land uses located at a distance of approximately 350 feet to the south/southeast. At this distance, noise levels associated with truck movements would be in the range of approximately 44‐60 dB and noise levels associated with the release of air brakes would be in the range of approximately 61‐63 dB.
The City of Fresno maximum (Lmax) noise level standard is 70 dB during the daytime hours (7:00 a.m. to 10:00 p.m.) and 60 dB during the nighttime hours (10:00 p.m. to 7:00 a.m.). However, the City of Fresno Municipal Code states that the standards of the noise ordinance may be adjusted upward (made less restrictive) if existing ambient noise levels without the source of concern already exceed the noise ordinance standards. The municipal code states that, in such situations, the applicable noise standard becomes the existing ambient noise level, plus 5 dB. Measured noise levels in the Project vicinity (Table IV, Appendix D) indicate that maximum nighttime noise levels averaged approximately 80 dB. Therefore, noise levels associated with truck movement activities would not exceed City of Fresno daytime or nighttime noise level standards.
Loading Dock Activities
The Project will include cross‐dock loading platforms, where materials would be unloaded and loaded into truck trailers for transport. Noise sources typically associated with loading dock activities include truck engines, the operation of truck‐mounted refrigeration units, forklifts, the banging of hand carts and roll‐up doors, noise from PA systems, and the voices of truck drivers and store employees.
Loading dock noise levels are be expected to be in the range of approximately 65 to 83 dBA at a distance of 50 feet. The closest existing sensitive receptors are the residential land at distances of approximately 700 feet to the south/southeast. At such distances, noise levels associated with loading dock activities would be in the range of approximately 42‐60 dB. Such levels do not exceed applicable City of Fresno daytime or nighttime noise level standards.
Noise Summary
Ambient noise levels measured in the Project vicinity indicate that existing ambient noise levels are already relatively high, as a result of vehicle traffic along South Cherry Avenue, East North Avenue, SR 41 as well as existing industrial land uses in the Project vicinity. The noise level measurement data (as analyzed in Appendix D) demonstrate that the Project is not expected to exceed any applicable daytime or nighttime City of Fresno noise level standards at nearby sensitive receptor locations. This determination considers the existing elevated ambient noise levels measured near these residential land uses. Noise levels associated with all Project operations are projected be below existing ambient noise levels measured in the Project vicinity, and mitigation measures are therefore not required for Project noise compliance.
Public Services
Sewer
The nearest sanitary sewer main to serve the proposed project is a 12-inch sewer main in South Cherry Avenue. The applicant will be required to install sewer house branches to the property, abandon any existing on-site private septic systems, and pay applicable sewer connection charges and fees.
Water
The nearest water main to serve the proposed project is an existing 14-inch water main located in South Cherry Avenue. Water facilities are available to provide service to the site.
Fresno Metropolitan Flood Control District
The subject property is located in the Fresno Metropolitan Flood Control District’s (FMFCD) Drainage Area “AV.” The FMFCD has indicated that the project site is not located within a flood prone area. Permanent drainage services are currently not available for the project site. As such, the FMFCD recommends temporary facilities be provided on-site until permanent service is available. The cost of the Master Plan facilities is to be paid through the collection of drainage fees calculated from these land uses. Drainage from the site shall be directed to a required storm drain inlet that shall be constructed at the northwest corner of the site. A minimum 20-foot storm drain easement is required for the construction of a 30-inch storm drainpipe to be located along the entirety of the western property line.
Fire
The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include installation of public fire hydrants and the provision of adequate fire apparatus access to the buildings on site.
Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Division of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code.
Other Agencies
All comments received from the applicable agencies have been incorporated into the conditions of approval for Development Permit Application No. P23-00149. The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval (Exhibit K).
Fresno Municipal Code
Given the conditions of approval, Development Permit Application No. P23-00149 will meet all of the provisions of the FMC, including, but not limited to, setbacks, parking, landscaping, and connectivity, and will comply with all applicable design guidelines and development standards for General Industrial uses in the IH (Heavy Industrial) zone district.
Public Notice and Input
Neighborhood Meeting
Prior to submitting the proposed project, the applicant held a virtual neighborhood meeting on February 18, 2021, in accordance with FMC Sections 15-5805 and 15-5006. The applicant mailed notices to property owners within 1,000 feet (FMC requires a minimum of 500 feet) of the subject property. The applicant prepared and presented an overview of the project, including the annexation boundary and exhibits of the proposed development. Thirteen participants attended the meeting, including three representatives from the applicant. A summary of the meeting is attached as Exhibit J.
Council District Project Review Committee
On April 27, 2021, the applicant attended a Council District 3 project review committee prior to formally submitting the subject applications to present project details with the committee members and receive initial feedback.
On March 28, 2023, the Council District 3 Project Review Committee considered the project and did not recommend approval. The committee requested to review the environmental analysis of the project's impact on the nearby school and general area, and requested better stakeholder engagement. A meeting with stakeholders to discuss the project had previously been held on July 8, 2021.
Stakeholder Meeting
On July 8, 2021, the applicant attended a virtual meeting with community stakeholders including Leadership Counsel for Justice and Accountability, Building Healthy Communities, Orange Center Elementary School, and nearby residents. According to the meeting summary provided by the applicant (Exhibit J), most of the discussion centered around the annexation process and requirements as well as the environmental assessment and public health concerns.
Notice of Planning Commission Hearing
On May 27, 2025, the Planning and Development Department, in accordance with FMC Sections 15-5007 and 15-3308-B(4)(a), mailed notices of this Planning Commission hearing to all property owners within 1,000 feet of the subject property and published it in the Fresno Bee (Exhibit E).
ENVIRONMENTAL FINDINGS
An initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). 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. Additionally, staff has determined that no substantial changes have occurred and that no new information has become available pursuant to the 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 21157.5(a)(2) and 15178(b)(1) and (2).
Based upon the attached initial study and mitigation monitoring and reporting program, staff has determined that there is no evidence in the record that the project would have a significant effect on the environment and has prepared a Mitigated Negative Declaration for this project. A public notice of the Mitigated Negative Declaration for Environmental Assessment Application No. P21-05778/P21-05870/P23-00149 (Exhibit N) was published in the Fresno Bee on May 23, 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 15-5206, 15-6103, and 15-6104 et seq. can be made. These findings are attached as Exhibit O.
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, 15-6103, and 15-6104 et seq. 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
Exhibit B - Aerial Map
Exhibit C - Fresno General Plan Land Use & Zoning Map
Exhibit D - Project Information Tables
Exhibit E - Public Hearing Notice Radius Map (1,000 feet)
Exhibit F - Proposed Pre-Zone Exhibit
Exhibit G - Proposed Annexation Exhibit
Exhibit H - Operational Statement [3-2-2023]
Exhibit I - Exhibits (Site Plan, Elevations, Floor Plan, & Landscape Plan) [4-5-2025]
Exhibit J - Neighborhood Meeting Information
Exhibit K - Conditions of Approval [6-18-2025]
Exhibit L - Comments & Requirements from Responsible Agencies
Exhibit M - Figure IM-1 of the Fresno General Plan
Exhibit N - Environmental Assessment No. P21-05778/P21-05870/P23-00149 [5-22-2025]
Exhibit O - Fresno Municipal Code Findings
Supplemental Exhibit P - Public Comment Received