REPORT TO THE CITY COUNCIL
June 4, 2015
FROM: JENNIFER K. CLARK, Director
Development and Resource Management Department
THROUGH: MIKE SANCHEZ, Assistant Director
Development Services Division
BONIQUE EMERSON, Planning Manager
Development Services Division
BY: STAFF
Development Services Division
SUBJECT
Title
HEARING to consider Rezone Application No. R-13-010 and Initiation of "North-Cherry No. 3 Reorganization" (Council District 3)
a. Adopt a Finding of Conformity to the Fresno General Plan Master Environmental Impact Report as Environmental Assessment No. ANX-13-001/R-13-010/C-13-088 dated March 6, 2015
b. BILL - (For introduction and adoption) - Approving Rezone Application No. R-13-010 proposing to amend the Official Zone Map and prezone an approximately 0.97 acre subject site located on the southwest corner of S. Cherry and E. North Avenues from the AL-20 (Limited 20-Acre Agricultural [Fresno County]) zone district to the M-3/UGM (Heavy Industrial/Urban Growth Management) zone district
c. RESOLUTION - Applying to the Fresno Local Agency Formation Commission for the detachment of an approximately 0.97 acre subject site from the Fresno County Fire Protection District and the Kings River Conservation District in order to annex the same territory to the City of Fresno for the proposed North-Cherry No. 3 Reorganization
Body
RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1. Adopt a Finding of Conformity to the Fresno General Plan Master Environmental Impact Report as Environmental Assessment No. ANX-13-001/R-13-010/C-13-088 dated March 6, 2015.
2. ADOPT BILL approving Rezone Application No. R-13-010 proposing to amend the Official Zone Map and prezone an approximately 0.97 acre subject site located on the southwest corner of South Cherry and East North Avenues from the AL-20 (Limited 20-Acre Agricultural [Fresno County]) zone district to the M-3/UGM (Heavy Industrial/Urban Growth Management) zone district.
3. ADOPT RESOLUTION applying to the Fresno Local Agency Formation Commission for the detachment of an approximately 0.97 acre subject site from the Fresno County Fire Protection District and the Kings River Conservation District in order to annex the same territory to the City of Fresno for the proposed North-Cherry No. 3 Reorganization.
EXECUTIVE SUMMARY
Rezone Application No. R-13-010 was filed by Elias Saliba of Aesthetics Designs, on behalf of Gurudwara Nanak Sar, a California Nonprofit Religious Corporation. The application pertains to an approximately 0.97 acre property located on the southwest corner of South Cherry and East North Avenues. Rezone Application No. R-13-010 proposes to amend the Official Zone Map and prezone an approximately 0.97 acre subject site located on the southwest corner of South Cherry and East North Avenues from the AL-20 (Limited 20-Acre Agricultural [Fresno County]) zone district to the M-3/UGM (Heavy Industrial/Urban Growth Management) zone district.
The approximately 0.97 acre subject site located on the southwest corner of South Cherry and East North Avenues is currently located within Fresno County. Therefore, the subject site is also proposed to be detached from the Fresno County Fire Protection District and Kings River Conservation District; these actions are under the jurisdiction of the Fresno Local Agency Formation Commission (LAFCO) and is referred to as the North-Cherry No. 3 Reorganization.
The proposed rezoning and annexation of the site in accordance with Rezone Application No. R-13-010 and the North-Cherry No. 3 Reorganization would bring the subject site into conformance with the planned land use designation of Heavy Industrial.
BACKGROUND
As mentioned above, Rezone Application No. R-13-010 proposes to amend the Official Zone Map and prezone an approximately 0.97 acre subject site located at 3015 South Cherry Avenue on the southwest corner of South Cherry and East North Avenues from the AL-20 (Limited 20-Acre Agricultural [Fresno County]) zone district to the M-3/UGM (Heavy Industrial/Urban Growth Management) zone district. The assessor's parcel number is 329-180-08 (County). The subject site is also proposed to be detached from the Fresno County Fire Protection District and Kings River Conservation District; these actions are under the jurisdiction of the Fresno LAFCO and is referred to as the North-Cherry No. 3 Reorganization.
LAFCO policy requires all property within an annexation area to be "pre-zoned", consistent with the Fresno General Plan and corresponding community plan prior to annexation. City Council action to approve Rezone Application No. R-13-010 will effectively pre-zone the subject property as a prerequisite to the annexation process. Council action is also requested in order to authorize City staff to file an application with LAFCO to initiate the North-Cherry No. 3 Reorganization and annex the subject site to the City of Fresno.
The annexation and rezoning of the subject site will facilitate the development of approximately 9,088 square feet of building area for office and storage space to serve the religious facility across the street on the southeast corner of South Cherry and East North Avenues and will include the construction of a temporary ponding basin. The proposed development is currently being reviewed by staff as Conditional Use Permit Application No. C-13-088. The CUP application also includes development of an approximately 43,745 square foot religious facility on an approximately 5.54 acre property generally located on the southeast corner of South Cherry and East North Avenues. The proposed office and storage space will serve this religious facility.
The proposed M-3 zone district classification for the subject site and the designated Heavy Industrial planned land use designation of the subject site may be found consistent. The proposed development is also compatible with existing residences to the south.
Land Use Plans and Policies
Fresno General Plan
The subject property is designated Heavy Industrial by the Fresno General Plan. The following policy will ensure that development will occur within the City of Fresno sphere of influence.
Policy LU-G.1: The County acknowledges that the cities have primary responsibility for planning within their LAFCO-adopted spheres of influence and are responsible for urban development and the provision of urban services within their spheres of influence.
In conclusion, the proposed project is consistent with the Fresno General Plan. The proposed project promotes reinvestment within the City of Fresno sphere of influence and preserves and protects resources by taking advantage of existing infrastructure.
Edison Community Plan
The subject property is designated for Heavy Industrial planned land uses by the Edison Community Plan and the North Avenue Industrial Triangle Specific Plan. Upon reviewing the policies contained in the Plans staff has determined that there are no policies that are applicable or are more restrictive than those contained in the Fresno Municipal Code.
Public Notice and Input
In accordance with Section 12-402-B of the FMC, a notice of public hearing was mailed to surrounding property owners within 350 feet of the subject site. See attached Exhibit C (Noticing Map).
The District 3 Plan Implementation Committee considered and approved the application on August 19, 2013.
Fresno City Planning Commission Action
Rezone Application No. R-13-010 was considered by the Fresno City Planning Commission at its meeting on March 18, 2015. Three members of the public spoke in opposition of the rezone and no one spoke in support. Those members in opposition were concerned with rezoning the property to M-3 and its impact to the surrounding property. After a complete hearing, the Commission voted and recommended the City Council approve the rezone.
Staff is recommending the City Council approve the proposed rezoning of the subject property to M-3/UGM since the zoning is consistent with the heavy industrial planned land use of the Fresno General Plan. The proposed development on the M-3 site will be for office and storage use by the Gurudwara Nanak Sar across South Cherry Avenue; therefore the impact of the development will be less than significant.
ENVIRONMENTAL FINDINGS
The Development and Resource Management Department staff has prepared an Initial Study (See Attached "Appendix G To Analyze Subsequent Project Identified In MEIR No. SCH No. 2012111015/Initial Study") to evaluate the proposed applications in accordance with the land use and environmental policies and provisions of lead agency City of Fresno General Plan adopted by the Fresno City Council on December 18, 2014 and the related Master Environmental Impact Report (MEIR) SCH No. 2012111015. The proposed rezone will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted zoning and planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject site. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of the MEIR have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Guidelines Section 15177(b)(3).
Therefore, the project proposal has been determined to be within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR SCH No. 2012111015 dated March 6, 2015. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified; and, that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available.
LOCAL PREFERENCE
Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in 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 Development and Resource Management Department.
Attachments: Exhibit A: Vicinity Map
Exhibit B: Aerial Photograph
Exhibit C: Public Hearing Noticing Map
Exhibit D: Fresno General Plan Land Use and Circulation Map
Exhibit E: Proposed Zoning Exhibit
Exhibit F: Related Conditional Use Permit Application No. C-13-088 Exhibit
Exhibit G: Environmental Assessment No. ANX-13-001/R-13-010/C-13-088
Exhibit H: Planning Commission Resolution No. 13320
Exhibit I: City Council Ordinance Bill for Rezone Application No. R-13-010
Exhibit J: City Council Resolution for initiation of the North-Cherry No. 3 Reorganization