REPORT TO THE CITY COUNCIL
FROM: JENNIFER K. CLARK, ACIP, Director
Planning and Development Department
ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
BY: ADRIENNE ASADOORIAN-GILBERT, Supervising Planner
Planning and Development Department
SUBJECT
Title
HEARING to consider Text Amendment Application No. P26-01326 and related Environmental Finding for Environmental Assessment No. P26-01326, amending Sections 15-1002, 15-1102, 15-1502, 15-5102 and 15-6802 to comply with California Government Code Sections 65580-65589.11 to maintain compliance with the City of Fresno Housing Element and permit housing developments with at least 20 percent of units affordable to lower-income households without discretionary action on any nonvacant site identified in a prior housing element and on any vacant site included in two or more consecutive Housing Elements.
1. ADOPTION of a finding set forth in Environmental Assessment No. P26-01326, that Text Amendment Application No. P26-01326 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
2. BILL (for introduction) amending Sections 15-1002, 15-1102, 15-1502, 15-5102 and 15-6802, relating to housing streamlining.
Body
RECOMMENDATION
Staff is recommending approval of Text Amendment Application No. P26-01326 and related Environmental Finding for Environmental Assessment No. P26-01326, amending Sections 15-1002, 15-1102, 15-1502, 15-5102 and 15-6802, relating to compliance with the City of Fresno Housing Element and State Law.
EXECUTIVE SUMMARY
Text Amendment Application No. P26-01326 proposes an amendment to Sections 15-1002, 15-1102, 15-1502, 15-5102 and 15-6802 to comply with California Government Code Sections 65580-65589.11 to maintain compliance with the City of Fresno Housing Element and permit housing developments with at least 20 percent of units affordable to lower-income households without discretionary action on any nonvacant site identified in a prior Housing element and on any vacant site included in two or more consecutive Housing Elements. Under California Housing Element Law, a non-vacant site is a parcel that already has existing structures, active businesses, parking lots, or other ongoing uses, but is identified by a local government as having the realistic potential to be redeveloped into housing during the planning period.
BACKGROUND
The City of Fresno 6th Cycle Housing Element (2023-2031) was adopted by the City Council in December 2024 and subsequently certified by the State of California Housing and Community Investment Department (HCD) in January 2025. The 6th Cycle Housing Element identifies seven Goals and 37 Programs in which the city is required to implement over the eight-year planning period. As identified in the 6th Cycle Housing Element, Program 9 requires the following:
Pursuant to Government Code Section 65583.2(c), any vacant sites included in the prior two Housing
Elements (4th and 5th Cycle RHNA planning periods) and any non-vacant sites included in at least one prior Housing Element shall be provided by-right development when at least 20 percent of the units in the proposed development are affordable to lower-income households. This means that the City cannot require any form of discretionary review or approval for such projects.
Program 9 further requires the City to implement a text amendment to the Development Code to permit developments with at least 20 percent affordable to lower-income units, subject to the requirements stipulated above. Under California Housing Element Law, a non-vacant site is a parcel that already has existing structures, active businesses, parking lots, or other ongoing uses, but is identified by a local government as having the realistic potential to be redeveloped into housing during the planning period. As such, this Text Amendment is being prepared in compliance with these requirements included in the 6th Cycle Housing Element.
In addition, AB 1397, passed by the State of California in 2017, revised the State’s Housing Element Law to ensure that local governments provide a credible inventory of land that can meet their Regional Housing Needs Allocation (RHNA). AB 1397 also requires the inventory of land to be available for residential development in addition to being suitable for residential development and to include vacant sites and sites that have realistic demonstrated potential for redevelopment during the planning period to meet the jurisdiction’s housing need for a designated income level. As such, this bill imposed a state-mandated program with which the City of Fresno is required to comply.
The City of Fresno was assigned a Regional Housing Needs Assessment (RHNA) of 36,866 dwelling units as part of the 6th Cycle Housing Element. The proposed Text Amendment would assist in meeting the RHNA by allowing ministerial approval of qualifying housing developments to further streamline the approval and production of housing Citywide. The proposed Text Amendment does not add additional capacity to the Housing Element sites inventory or to existing zoning; it streamlines the approval process for qualifying projects.
Affirmatively Furthering Fair Housing
Under California Assembly Bill 686 (AB 686), public agencies have a legal obligation to take meaningful, deliberate actions to overcome patterns of segregation, eliminate disparities in access to opportunity, and foster inclusive communities free from discrimination. To fulfill this obligation, the City has committed to prioritize projects and programs that support integration, expand access to opportunity, and reduce racial and economic disparities and that promote equitable development practices across the city. Text Amendment P26-01326 is consistent with these goals, as it provides streamlining for housing projects that include at least 20 percent affordable housing. Mixed-income housing projects help overcome patterns of segregation and support integration. Housing projects developed pursuant to this amendment will be examples of equitable development, and will contribute to the creation of mixed-income neighborhoods. Therefore, the proposed Text Amendment is consistent with AB 686, and affirmatively furthers fair housing.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines (See Exhibit F).
CEQA Guidelines Section 15061(b)(3) under the commonsense exemption states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed Text Amendment complies with California Government Code Sections 65580-65589.11, permits a ministerial approval process for qualifying housing projects and does not commit the City to any specific project, it can be seen with certainty that there is no possibility that accepting this Text Amendment may have a significant effect on the environment.
Staff has reviewed the project and has determined that it is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) exemption. The regulations of the proposed Text Amendment will not intensify land use or allow intensification of a site beyond the limits established by the zoning in the Development Code. Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines, Section 15061(b)(3) apply to this project. For additional information, please see Exhibit F - Environmental Assessment.
FRESNO MUNICIPAL CODE FINDINGS
Development Code Text Amendment. Section 15-5811 of the Fresno Municipal Code provides that the Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed Text Amendment meets Criteria A (1 and 2) of Section 15-5811. Please see Exhibit E for the Fresno Municipal Code Findings.
Public Notice and Comment
A Legal Notice was published in the Fresno Bee on May 13, 2026, pursuant to Fresno Municipal Code Section 15-5007(D) (See Exhibit D). In addition, the notice was posted on the City Clerk’s website and provided to the City’s distribution list for such notices.
Review by Committees and Commissions
The Text Amendment was presented to the active Council District Plan Implementation Committees and Tower District Specific Plan Implementation Committee on the following dates:
District 1: The item was scheduled for the May 14, 2026 agenda; however, the meeting was canceled due to lack of quorum.
District 3: The item was presented on April 28, 2026.
District 4: The item was presented on May 19, 2026.
District 6: The item was presented on May 13, 2026.
Tower District Specific Plan Implementation Committee: The item was presented on May 21, 2026.
Airport Land Use Commission: ALUC staff determined that formal ALUC review was not necessary, due to the limited scope of the Text Amendment.
Fresno City Planning Commission: The Planning Commission considered this item at its regularly scheduled meeting on June 3, 2026 and unanimously recommended approval of Text Amendment Application No. P26-01326.
CONCLUSION
The appropriateness of the proposed Text Amendment has been examined with respect to its consistency with goals and policies of the Fresno General 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 findings, environmental assessment, and exhibits. Upon consideration of this evaluation, it can be concluded that the proposed Text Amendment is appropriate. Action by the Planning Commission to approve Staff’s recommendation will be a recommendation to the City Council to approve the Text Amendment to the Development Code.
LOCAL PREFERENCE
No procurement associated with this item.
FISCAL IMPACT
No fiscal impact is associated with this item.
Attachments:
Exhibit A - Director Initiation
Exhibit B - Draft Ordinance (Text Amendment Application No. P26-01326)
Exhibit C - Planning Commission Resolution No. 19961
Exhibit D - Public Notice
Exhibit E - Fresno Municipal Code Findings
Exhibit F - Environmental Assessment No. P26-01326
Exhibit G - Presentation