REPORT TO THE CITY COUNCIL
August 27, 2015
FROM: MIKE SANCHEZ, Assistant Director
Development Services Division
THROUGH: BONIQUE EMERSON, Planning Manager
BY: BRUCE BARNES, Project Manager
Development Services Division
SUBJECT
Title
HEARING to consider Rezone Application No. R-15-008, related Environmental Assessment No. R-15-008/S-15-068/ANX-15-001 and a Resolution of Application to annex said territory to the City of Fresno and detach said territory from the Fresno County Fire Protection District and the Kings River Conservation District which were filed by Dirk Poeschel on behalf of John Brelsford (Council District No. 3)
1. Consider adoption of an environmental finding of a Finding of Conformity with Fresno General Plan Master Environmental Impact Report as Environmental Assessment No. R-15-008/S-15-068/ANX-15-001 dated July 2, 2015
2. BILL - (For introduction and adoption) - Consider Rezone Application No. R-15-008 which proposes to amend the Official Zone Map and prezone an approximately 19.54 acre subject site located on the east side of S. Cherry Avenue, south of E. North Avenue in the County of Fresno 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. ***RESOLUTION - Of application to annex said territory to the City of Fresno and detach said territory from the Fresno County Fire Protection District and the Kings River Conservation District
Body
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. ADOPT a Finding of Conformity for Environmental Assessment No. No. R-15-008/S-15-068/ANX-15-001;
2. ADOPT BILL approving Rezone Application No. R-15-008 which proposes to amend the Official Zone Map and prezone an approximately 19.54 acre subject site located on the east side of South Cherry Avenue, south of East North Avenue in the County of Fresno 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 a Resolution of Application to annex said territory to the City of Fresno and detach said territory from the Fresno County Fire Protection District and the Kings River Conservation District.
EXECUTIVE SUMMARY
Site Plan Review Application No. S-15-068, Rezone Application No. R-15-008 and Annexation No. ANX-15-001 were filed by Dirk Poeschel of Land Development Services, Inc., on behalf of John Brelsford, and pertain to ±19.54 acres of property located on the east side of South Cherry Avenue, south of East North Avenue in the County of Fresno. The applicant proposes to prezone the subject property from the County of Fresno AL-20 (Limited 20 Acre Agricultural) zone district to the City of Fresno M-3/UGM (Heavy Industrial/Urban Growth Management) zone district. The proposed rezoning of the property would bring the subject property into conformance with the planned land use of Heavy Industrial designated for the site by the Fresno General Plan. The Site Plan Review application was approved by the Planning Commission on August 5, 2015 and is contingent upon the City Council’s approval of the rezone and annexation of the property to the City of Fresno.
The subject site is currently located within Fresno County. Therefore, the subject property is proposed to be annexed to the City of Fresno and 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. The annexation and rezoning of the subject property will facilitate the construction a ±372,960 square-foot state of the art industrial building for light and heavy industrial companies seeking warehousing to store and distribute goods.
PROJECT INFORMATION
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PROJECT |
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See description above in executive summary |
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APPLICANT |
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Dirk Poeschel of Land Development Services, Inc., on behalf of John Brelsford |
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LOCATION |
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3264 South Cherry Avenue; Located on the east side of South Cherry Avenue, south of East North Avenue in the City and County of Fresno, California (APN: 329-011-07 (County) (Council District 3, Councilmember Baines) |
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SITE SIZE |
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± 19.54 acres |
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LAND USE |
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Heavy Industrial |
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ZONING |
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Existing - AL-20 (Limited 20-Acre Agricultural [Fresno County]) Proposed - M-3/UGM (Heavy Industrial/Urban Growth Management) |
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PLAN DESIGNATION AND CONSISTENCY |
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Pursuant to Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the proposed M-3 zone district classification for the subject property and the designated Heavy Industrial planned land use designation of the subject property may be found consistent. |
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ENVIRONMENTAL FINDING |
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Finding of Conformity dated July 2, 2015 |
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PLAN COMMITTEE RECOMMENDATION |
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The District 3 Plan Implementation Committee considered and approved the application on July 27, 2015. |
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STAFF RECOMMENDATION |
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Recommend that the City Council approve the proposed rezone application and environmental finding, and also approve the Resolution of Application for the future annexation of the subject site. |
BORDERING PROPERTY INFORMATION
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Planned Land Use |
Existing Zoning |
Existing Land Use |
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North |
Heavy Industrial |
M-3/UGM Heavy Industrial District |
Industrial |
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South |
Heavy Industrial |
AL-20 Limited 20-Acre Agricultural District (Fresno County) |
Agricultural |
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East |
Heavy Industrial |
M-3/UGM Heavy Industrial District |
Industrial |
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West |
Heavy Industrial |
AL-20 Limited 20-Acre Agricultural District (Fresno County) |
Agricultural |
ENVIRONMENTAL FINDING
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 proposed development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. 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 July 2, 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.
BACKGROUND / ANALYSIS
Background
Dirk Poeschel of Land Development Services, Inc., on behalf of John Brelsford has filed applications that pertain to ±19.54 acres of property located on the east side of South Cherry Avenue, south of East North Avenue in the County of Fresno. The applicant proposes to prezone the subject property from the County of Fresno AL-20 (Limited 20 Acre Agricultural) zone district to the City of Fresno M-3/UGM (Heavy Industrial/Urban Growth Management) zone district. The proposed rezoning of the property in accordance with Rezone Application No. R-15-008 would bring the subject property into conformance with the General Plan planned land use designation of Heavy Industrial.
The subject site is currently located within Fresno County. Therefore, the subject property is proposed to be annexed to the City of Fresno and 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. The annexation and rezoning of the subject property will facilitate the construction a ±372,960 square-foot state of the art industrial building for light and heavy industrial companies seeking warehousing to store and distribute goods.
Pursuant to Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the proposed M-3 zone district classification for the subject property and the designated Heavy Industrial planned land use designation of the subject property may be found consistent.
Land Use Plans and Policies
Fresno General Plan
The subject property is designated Heavy Industrial by the Fresno General Plan. The following policies will be applied to any future land use applications submitted for the site and will ensure that the future development will not be detrimental to the surrounding community:
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.
Policy LU-7-a: Incentives for Diversity of Industries, Increased Food Processing and Manufacturing, and related Employment Opportunities in Fresno. Use the City’s Capital Improvement Program to set priorities for location and timing of water, sewer, and transportation infrastructure investments by the City and initiate implementation programs to encourage development of target industries as identified under Policy ED-3-c, in employment land use areas designated on Figure LU-1: Land Use Diagram.
Commentary: The South Industrial Area, (which is the area in which this proposed project is to be located) located generally south of Jensen Avenue within the City’s SOI, intersected by State Routes 41 and 99, and containing over 1,000 acres designated for industry, is one such priority industrial development area for major infrastructure improvements.
Policy ED-3-f: Strategic Infrastructure. Strive to provide necessary major street infrastructure and utility capacities for properly zoned land, consistent with the General Plan, so this land can be can be efficiently and effectively developed in a timely manner. Ensure the City’s public works, public utilities, and mass transit capital improvement plans are aligned to support the economic development objectives in the General Plan (for example the water and sewer infrastructure are currently available to the proposed site).
In conclusion, the proposed project is consistent with policies of the Fresno General Plan. The proposed project promotes reinvestment within the City of Fresno sphere of influence. The total investment in construction costs is estimated at $11,900,000. In addition the off-site costs (such as street improvements) are estimated at $700,000 while city fees are estimated at $650,000. That brings the total investment in this project to well over $13,250,000 when “soft costs” are included such as engineering costs, architectural fees, loan fees, interest, etc. The project also preserves and protects resources by developing adjacent to the city’s current boundary. This development conserves resources and takes 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 or the Fresno General Plan.
Council District Plan Implementation Committee
The District 3 Plan Implementation Committee considered and approved the application on July 27, 2015.
Public Notice
This public hearing was noticed to surrounding property owners within 350 feet of the subject property. See attached Exhibit C (Noticing Map).
Planning Commission
The Fresno City Planning Commission considered Rezone Application No R-15 -008, the related environmental documents and Site Plan Review Application No. S-15-068 at its regular meeting held on August 5, 2015. The Planning Commission reviewed the staff report in accordance with the policies of the General Plan, the Edison Community Plan and the North Avenue Industrial Triangle Specific Plan. The Planning Commission then voted unanimously to recommend approval of the Rezone and the related environmental document to the City Council. The Commission also approved the Site Plan Review contingent upon City Council approval of the Rezone and annexation to the City of Fresno.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, the Edison Community Plan, and the North Avenue Industrial Triangle 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. Upon consideration of this evaluation, it can be concluded that Rezone Application No. R-15-008 and Site Plan Review S-15-068 are appropriate for the subject property.
LOCAL PREFERENCE
N/A
FISCAL IMPACT OF RECOMMENDATION
Affirmative action by the Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer 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: Site Plan Review S-15-068 Conditions of Approval
Exhibit G: Environmental Assessment No. R-15-008/S-15-068/ANX-15-001
Exhibit H: Ordinance Bill
Exhibit I: Resolution of Application