REPORT TO THE PLANNING COMMISSION
January 7, 2026
FROM: ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
CHRIS LANG, Supervising Planner
Planning and Development Department
BY: DIEGO ST. CLAIR, Planner II
Planning and Development Department
SUBJECT
Title
Consideration of Conditional Use Permit Application No. P24-04504 and related Environmental Assessment No. P24-04504, pertaining to approximately 2.23 acres of property at 3484 West Shields Avenue, located on the north side of West Shields Avenue, between North Marty and North Valentine Avenues.
1. ADOPT Environmental Assessment No. P24-04504 dated October 22, 2025, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332/Class 32 (Infill Development) of CEQA Guidelines.
2. APPROVE Conditional Use Permit Application No. P24-04504, which requests authorization to construct a new thirty-six-unit apartment complex on a vacant site, subject to compliance with the Conditions of Approval dated January 7, 2026.
Body
EXECUTIVE SUMMARY
Alejandro Magallan of AMG Drafting has filed Conditional Use Permit Application No. P24-04504, pertaining to approximately 2.23 acres of property located on the north side of West Shields Avenue, between North Marty and North Valentine Avenues. Conditional Use Permit Application No. P24-04504 proposes to construct a new thirty-six-unit apartment complex on a vacant site. The subject property is located within the boundaries of the Fresno General Plan and the West Area Neighborhoods Specific Plan.
Multi-Unit Residential is permitted in the RS-5 (Single-Unit Residential, Medium Density) zone district subject to an approved Conditional Use Permit. Pursuant to Section 15-906-B of the Fresno Municipal Code (FMC), when Multi-Unit Residential is proposed in the RS-5 zone district, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits following a public hearing.
Pursuant to FMC Section 15-906-D, when a Multi-Unit Residential use is proposed in the RS-5 zone district, the RM-1 (Multi-Unit Residential, Medium High Density) zone district development standards apply, with the exception of density requirements, which remain within the RS-5 density range of 5 to 12 dwelling units per acre. The project is conditioned to comply with the RM-1 zone district development standards.
BACKGROUND/ANALYSIS
The subject property is currently undeveloped. The property is bordered by single-unit residential homes to the west, and mobile home multi-unit residential to the north and east.
The proposed multi-unit complex will consist of thirty-six (36) dwelling units, sixteen (16) being two-bedroom units while the remaining twenty (20) are three-bedroom units, which will be constructed within six two-story buildings. The project proposes to provide seventy-three (73) parking spaces as well as site improvements including covered parking, open space, lighting, and a trash enclosure on the subject property.
Vehicular access to the site will be provided from two proposed drive approaches along West Shields Avenue.
Density
The project proposes a new thirty-six-unit multi-unit complex on a vacant parcel. The subject property is zoned RS-5, with a site area of 2.23 acres. Per FMC Sec 15-906, Multi-Unit Residential uses in the RS-5 district have an allowable density range of 5 to 12 dwelling units per acre. As proposed, the thirty-six units would result in a density of 16.14 dwelling units per acre and would not be consistent with the density requirements of FMC Section 15-906-D.1.b. To satisfy the request for higher density than is allowed, the applicant is proposing that thirty-five percent (35%) of the total number of units will be designated as affordable housing units.
Per FMC Section 15-2204 (Density Bonuses), a density bonus of 20 percent is offered if 10 percent of the total units of a housing development are affordable to lower income households, as defined in Health and Safety Code Section 50079.5. For each additional one percent increase above 10 percent affordable units, the density bonus shall be increased by 1.5 percent, not to exceed the maximum density bonus of 35%. The proposed 35% of units to be provided as low-income housing will satisfy the requirements to grant a 35% density bonus, and the applicant will be required to record an affordable housing covenant for a time period of at least 30 years. A minimum of 8 units (22% of total units) must be covenanted in this manner to secure the maximum density bonus.
Concessions
Pursuant to Government Code Section 65915, and codified within FMC Section 15-2205, projects are entitled to receive concessions at a rate of one concession per each 10 percent total units for lower income households, for a maximum of three concessions. The types of affordable housing incentives that are offered include up to 20 percent in modification of site development standards or zoning code requirements, reduced parking at fixed rates, or other incentives proposed by the developer or the city that will result in identifiable cost reductions or avoidance.
This project will be eligible for up to three concessions, due to 35 percent of the proposed units being identified as lower income in the operational statement. Currently, the applicant has not identified any concessions that they would like to use for the project.
Fresno Municipal Code
Pursuant to FMC Section 15-906-D, the property development standards of the RM-1 (Multi-Unit Residential, Medium High Density) zone district shall apply to the underlying RS-5 (Single-Unit Residential, Medium Density) zone district.
Setbacks
The setback requirements are as follows:
• Front setback: Per FMC Section 15-906-D.2, the front setback for new structures shall match the front setbacks of adjacent sites that have been improved with buildings, as determined by the Review Authority. The sites adjacent to the subject property do not feature street-forward façades, so a similar front setback cannot be established. The site plan currently depicts the front setback at 22 feet, within allowable standards.
• Interior side setback: Per RS transition standards, the interior side setback shall be 10 feet. The site plan depicts the interior side setbacks along the west property line at 10’, providing consistency with FMC Section 15-1003.
• Rear yard setback: The minimum rear setback for the RM-1 zone district, and RS transition standards, is 20’. Currently, the proposed building setback is 20’ from the rear property line and complies with FMC standards.
Lot Coverage
The maximum lot coverage for the RM-1 zone district is 50%. The proposed lot coverage for the project is approximately 21%, providing consistency with the maximum lot coverage of the RM-1 zone district.
Open Space
The minimum open space requirement for the RM-1 zone district is 20%, or approximately 19,428 square feet. Open space will be provided through both private and common open space areas. As proposed, approximately 16% of the site is counted towards open space (approximately 15,507 square feet). The project is conditioned to demonstrate compliance with open space requirements, which includes providing private open space, which will count towards the minimum 20% requirement.
Landscaping
All required setbacks, except for areas used for exit and entry, shall be landscaped. The 22’ front yard setback is proposed to be landscaped, along with a 10-foot buffer along the west interior side yard, 6 feet along east interior, and 20 feet along the rear property line. The proposed parking spaces will also be screened by landscaping.
Façade Requirements
The proposal must meet appropriate façade design standards as laid out in Sec. 15-1005 of the Fresno Municipal Code. The Certainty Option can be met in this case with minimal conditioning. The Certainty Option for street facing façades for buildings adjacent to a public street calls for the project complying with certain objective standards including but not limited to building length articulation, building materials and finishes, and window design. While the project complies with several of these standards, the project is conditioned to meet window vertical proportion standards and exterior wall color standards.
Parking
The project proposes thirty-six (36) dwelling units, sixteen (16) being two-bedroom multi-unit dwellings while the remaining twenty (20) are three-bedroom multi-unit dwellings. For new multi-unit development, FMC Section 15-2409 requires one parking space per two-bedroom unit, and 1.5 spaces per three-bedroom unit; These required spaces must be covered. In addition, one uncovered guest parking space shall be designated for every two units. In total, there are a required 64 parking spaces, 46 being covered resident spaces and 18 being uncovered guest spaces. The proposal provides 73 parking stalls (46 covered, 27 uncovered), which exceeds minimum requirements, and has been conditioned to identify the location of covered parking spaces on the site plan.
Other Agencies
Public Works
The submitted plans have been reviewed by the Public Works Department. As part of the approval process, the applicant is required to dedicate the necessary right-of-way and construct street improvements along the property's frontage, in accordance with city standards and specifications. These improvements may include, but are not limited to, curb and gutter installation, sidewalk construction, and street paving.
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, and the construction and installation of private facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
For sanitary sewer service, these infrastructure improvements and facilities include typical requirements including the construction and extension of sanitary sewer mains and branches if the existing sewer branches are not adequate and/or operational. The proposed project will also be required to provide payment of sewer connection charges if not previously paid with the existing sewer service at the property.
For water service, required infrastructure improvements and facilities include installation of new water services and meters, along with all applicable fees to be paid prior to issuance of the Building permit.
For solid waste service, the applicant is required to revise the proposal to include a three-cell trash enclosure designed to accommodate the required separate facilities.
Fresno Metropolitan Flood Control District
The Fresno Metropolitan Flood Control District (FMFCD) memorandum dated August 5, 2025 states that permanent drainage is not available for the project site, and the applicant must identify temporary drainage facilities as a condition of approval. The grading plan for the site requires review by FMFCD prior to final development.
Fresno Fire Department
This project was reviewed by the Fire Department for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning & Development Department when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. The project shall comply with FFD requirements.
All comments received from the applicable agencies (Exhibit I) have been incorporated into the conditions of approval for Conditional Use Permit Application No. P24-04504. Given the conditions of approval, the project will comply with all zoning requirements as incorporated into the conditions of approval dated January 7, 2026 (Exhibit H).
Public Notice and Input
Neighborhood Meeting
Prior to project acceptance, the applicant and property owner held a neighborhood meeting at 3710 West Shields Avenue at a local business open to the public two blocks away from the project location. The meeting took place within a rented room from 6-7 PM on December 6, 2023. The applicant provided notice of the meeting to 325 property owners within 1,000 feet of the subject property.
The applicant and property owner prepared an overview of the project, including exhibits of the proposed development. Seven members of the community attended the meeting, and the primary concern expressed was the perceived impact on road conditions that the project may have. The applicant responded to questions and voiced their commitment to a high standard of quality throughout the project. For more details on the neighborhood meeting, please see Exhibit G, which includes a meeting agenda and summary.
Council District Project Review Committee
The subject property is located in Council District 1 and met at a regularly scheduled meeting on July 10. 2025. The Committee voted 5-0 in favor to recommend approval of the project with an additional recommendation to include more open space and a playground.
Notice of Planning Commission Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices for the January 7, 2026 Planning Commission Hearing to surrounding property owners within 1000 feet of the subject property on December 26, 2025 (Exhibit F).
Housing Element Analysis
This project site or portion thereof was identified in the Fresno Housing Element to accommodate a portion of the regional housing need allocation (RHNA). The estimated housing capacity per Housing Element Site ID 1002 for this site is 19 above-moderate income units, whereas this project proposes 12 lower and 24 above-moderate income units, exceeding the estimated housing need allocation.
On the date of review of this project submission, August 1, 2025, the remaining unmet RHNA is 14,477 lower/ 13,298 above-moderate income units, and the remaining capacity is 18,180 lower/ 16,165 above-moderate income units.
If this project is approved, the remaining unmet RHNA will be 14,465 lower/ 13,274 above-moderate income units, and the remaining capacity is 18,180 lower/ 16,146 above-moderate income units, and the surplus housing capacity would be 3,715 lower/ 2,872 above-moderate income units.
Therefore, since the remaining sites in the Housing Element Sites Inventory are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.
Housing Accountability Act (Senate Bill (SB) 167)
The Housing Accountability Act (HAA) defines a housing development project as a project consisting either of residential units only, mixed-use developments consisting of residential and nonresidential units, or transitional housing or supportive housing.
Pursuant to Government Code Section 65589.5(j), the HAA prohibits a local agency from disapproving a housing development project that complies with applicable objective general plan and zoning standards and criteria, unless the local agency makes specified written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
LAND USE PLANS AND POLICIES
The Fresno General Plan designates the subject property for Medium Density Residential planned land uses and provides objectives to guide in the development of this project. Medium Density Residential covers developments of 5 to 12 units per acre and is intended for areas with predominantly single-unit residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhouses. The proposed project consists of constructing a new thirty-six-unit apartment complex to the subject property. While this is a higher density than the Fresno General Plan intends for this property, it is allowable with the granting of affordable housing density bonuses as detailed in Sec. 15-2204 and is consistent with the Fresno General Plan objectives of diverse and unique neighborhoods. Objectives and policies within the Fresno General Plan support diverse housing types and efficient and equitable use of resources. Some of those objectives and policies are outlined below:
• Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
§ Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
§ Policy UF-1-d: Range of Housing Types. Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.
§ Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresno residents. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.
• Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.
• Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
• Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
§ Policy LU-5-c: Medium Density Residential Uses. Promote medium density residential uses to maximize efficient use of residential property through a wide range of densities.
The proposed project would allow development on underutilized property within the City of Fresno. The project promotes multi-unit residential development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development. Infill development conserves resources and takes advantage of existing infrastructure. Furthermore, the proposed multi-unit development promotes a city of healthy communities and will enhance the overall character of the neighborhood by providing multi-unit residential development that is compatible with the surrounding established neighborhood.
West Area Neighborhoods Specific Plan
The subject property is designated for Medium Density Residential planned uses by the West Area Neighborhoods Specific Plan. Upon reviewing the policies contained in the Plan staff have determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings of Section 15-5306 of the Fresno Municipal Code can be made. These findings are attached as Exhibit E.
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Section 15332/Class 32 was made and Environmental Assessment No. P24-04504 was completed for this project on October 22, 2025 (Exhibit J).
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 West Area Neighborhoods Specific 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. Based on this evaluation, it can be concluded that Conditional Use Permit Application No. P24-04504 is appropriate for the subject property.
Attachments:
Exhibit A - Project Exhibits (Site Plan, Floor Plan, Elevations, and Landscaping) dated 12/23/25 and 6/26/2025
Exhibit B - Operational Statement dated 6/26/2025
Exhibit C - Aerial Map
Exhibit D - Fresno General Plan Land Use Map
Exhibit E - Fresno Municipal Code Findings
Exhibit F - Public Hearing Notice Radius Map (1,000 feet)
Exhibit G - Neighborhood Meeting Minutes
Exhibit H - Conditions of Approval for Conditional Use Permit Application No. P24-04504 dated 1/7/2026
Exhibit I - Comments and Requirements from Responsible Agencies
Exhibit J - Environmental Assessment No. P24-04504, dated 10/22/2025