REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
THROUGH: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: JUAN LARA, Planner III
Planning and Development Department
SUBJECT
Title
HEARING to Consider Annexation Application No. P22-03846, Pre-zone Application No. P22-04069 and the related Environmental Assessment No. P22-03846/P22-04069 pertaining to approximately 20.23 acres of property on the north and south sides of West Ashlan Avenue between North Polk and North Gregory Avenues (Council District 1)
1. ADOPT - Negative Declaration prepared for Environmental Assessment No. P22-03846/P22-04069 dated December 6, 2024, for the proposed project pursuant to the California Environmental Quality Act (CEQA) and Addendum dated January 15, 2025.
2. RESOLUTION - Approving Annexation Application No. P22-03846 (for the Ashlan-Polk Nos. 3 and 4 Reorganization) proposing detachment from the Kings River Conservation District and North Central Fire Protection District and annexation to the City of Fresno.
3. BILL - (For introduction and adoption) - Approving Pre-zone Application No. P22-04069 proposing to pre-zone approximately 9.54 acres of the subject property from the County of Fresno RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district; and approximately 9.78 acres of the subject property from the RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/cz (Single-Family Residential, Medium Density/conditions of zoning) zone district.
Body
RECOMMENDATION
Staff Recommends that the City Council take the following actions:
1. ADOPT the Negative Declaration prepared for Environmental Assessment No. P22-03846/P22-04069 dated December 6, 2024, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines and Addendum dated January 15, 2025.
2. ADOPT RESOLUTION approving Annexation Application No. P22-03846 (for the Ashlan-Polk Nos. 3 and 4 Reorganization) proposing detachment from the Kings River Conservation District and North Central Fire Protection District and annexation to the City of Fresno.
3. INTRODUCE AND ADOPT BILL approving Pre-zone Application No. P22-04069 proposing to pre-zone approximately 9.54 acres of the subject property from the County of Fresno RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district; and approximately 9.78 acres of the subject property from the RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/cz (Single-Family Residential, Medium Density/conditions of zoning) zone district.
EXECUTIVE SUMMARY
Harbour & Associates has filed Annexation Application No. P22-03846 and Pre-zone Application No. P22-04069 pertaining to approximately 20.23 acres of property located on the north and south sides of West Ashlan Avenue between North Polk and North Gregory Avenues.
Annexation Application No. P22-03846 proposes to initiate annexation proceedings for the Ashlan-Polk Nos. 3 and 4 Reorganization proposing incorporation of the subject properties within the City of Fresno, and detachment from the Kings River Conservation District and North Central Fire Protection District.
Pre-zone Application No. P22-04069 requests authorization to pre-zone approximately 9.54 acres of the subject property from the Fresno County RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district; approximately 9.78 acres of the subject property from the Fresno County RR/NB (Rural Residential/Neighborhood Beautification) zone district to the RS-5/cz (Single-Family Residential, Medium Density/conditions of zoning) zone district.
The subject properties are located within the boundaries of the Fresno General Plan and West Area Community Plan, and both plans designate the subject properties for the Medium Density Residential (5 to 12 du/ac) planned land use designation.
Fresno City Planning Commission Action
On June 19, 2024, the Planning Commission recommended approval of Annexation Application No. P22-03846, Pre-zone Application No. P22-04069, and the associated Environmental Assessment and Addendum to the City Council. However, a subsequent court ruling on the General Plan Program Environmental Impact Report (PEIR) necessitated revisions to the Environmental Assessment and subsequent Addendum to ensure compliance with the ruling. As a result, these items were brought back to the Planning Commission for a recommendation to the City Council.
On January 15, 2025, the Planning Commission considered the item. After a complete hearing, the Planning Commission voted and recommended the City Council approve the annexation, pre-zone, and related environmental assessment. The Planning Commission Resolutions (Exhibits K and L) are attached for more information.
BACKGROUND
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 subject properties are generally rural residential with one vacant property that is part of an approved single-family subdivision. The land surrounding the subject properties are vacant, rural residential, and single-family residential properties.
Surrounding Properties
The annexation proposal (approximately 20.23 acres in gross area) includes an additional five properties north to the subject property proposed for development. The adjacent properties are rural residential properties.
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).
Approved Subdivision (T-5756)
On March 25, 2008, the City Council approved Rezone Application No. R-07-10 and Vesting Tentative Tract Map No. 5756/UGM for a 102-lot single-family residential subdivision pertaining to approximately 19.17 acres of property located on the south side of West Ashlan Avenue between North Polk and North Gregory Avenues. The proposed annexation and pre-zone applications were submitted in order to pre-zone the property to the planned land use and incorporate the western half of the previously approved Vesting Tentative Tract Map No. 5756 (Exhibit J) into city limits so that a Final Map can be recorded with the City of Fresno.
ANX Overlay District
The City of Fresno ANX (Annexed Rural Residential Transitional Overlay) zone district will only be applied to all properties within the proposed annexation boundary on the north side of West Ashlan Avenue. 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).
Community Facilities District (CFD) No. 18 & Conditions of Zoning
The development of the western half of the approved Vesting Tentative Tract Map No. 5456 will be required to annex into CFD No. 18 to offset Police and Fire costs associated with the annexation. Additionally, the applicant will be required to pay any Fire Transition Fees associated with the annexation. This will be incorporated as a condition of zoning specific to the tract map property within the annexation area. The proposed conditions of zoning are as follows:
1. “The southern-most property of the annexation area (APN: 511-011-06) along the south side of West Ashlan Avenue shall require annexation into Community Facilities District (CFD) No. 18 upon approval of the Final Map and comply with the City of Fresno, Department of Public Works, Memorandum dated June 13, 2024.” (Exhibit I)
2. “The applicant will be required to pay any Fire Transition Fees for all properties within the annexation boundary immediately following the recordation of the annexation.”
Public Services
Public Utilities
Pursuant to FMC Section 6-303, the Department of Public Utilities allows for any existing septic tank(s) on the properties to continue in use for a five-year period, at which time the property owner would be required to connect to the City’s sewer infrastructure after it becomes available. A sewer main exists at the intersections of West Ashlan and North Hayes Avenues, and West Ashlan and North Polk Avenues. As a condition of approval for the previously approved tract map, an 8-inch sewer main will be constructed extending from the existing 8-inch main located at the intersection of West Ashlan and North Hayes to the east property line of the tract to serve the proposed development. An existing septic tank may be allowed to continue in use until said property develops or until a sewer main is constructed in front of said property (in which instance, there will be a five-year time period to connect).
There is an existing 14-inch water main along the property frontages on West Ashlan Avenue within the annexation area.
Pursuant to Fresno Municipal Code § 6-402, the Department of Public Utilities will not require connection to the City of Fresno municipal water system for properties without existing water service available to them upon annexation. Upon annexation, existing water wells can be retained for domestic and agricultural purposes. A new well or repair of the existing well would be allowed so
long as there is no water main directly in front of the property.
If water service (i.e. water main located in street in front of a property) is available to a property upon annexation, then that property would be able to use the existing well for domestic and agricultural purposes until the well ran dry or needed to be replaced.
Property owners, in accordance with State Law, are allowed to continue service with their existing contractor/private hauler for a period of five years following annexation. Following the five-year transition period, property owners are required to sign up for City of Fresno solid waste service.
Any properties that are annexed and pre-zoned to be included in the ANX overly district shall have an extended implementation period of five-years for connection to utility services pursuant to the current Memorandum of Understanding between the City of Fresno and the County of Fresno.
Fire Department
The applicant, subdivider, or developer is subject to and responsible for payment of any/all required fees for the entirety of the annexation area pursuant to the policies of LAFCO and the City of Fresno; including any cost incurred to the City of Fresno by the detachment of all the annexation’s property from the North Central Fire Protection District.
Land Use Plans and Policies
The annexation project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:
Goal 13: Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region.
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 in accordance with goal 13 of the Fresno General Plan.
Policy LU-1-e calls for adopting implementing policies and requirements that achieve annexations to the City that conform to the General Plan planned land use designations and open space and park system, and are revenue neutral and cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of ED-5-b.
Policy PU-3-h calls for developing annexation strategies to include the appropriate rights-of-way and easements necessary to provide cost effective emergency services.
The proposed annexation will conform to the current planned land use designations of the Fresno General Plan and West Area Community Plan.
Therefore, it is the staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. The proposed project may be found consistent with all applicable local ordinances, regulations, policies and standards.
Neighborhood Meeting
A Neighborhood Meeting was held on March 24, 2022, at the Stonegate Apartments located at 1424 North Blythe Avenue, consistent with the requirements of FMC Section 15-5006, including notice of the meeting to property owners. None of the property owners or residents within the annexation boundary attended the meeting.
Council District 1 Project Review Committee
The Council District 1 Project Review Committee reviewed the proposed project at its regular meeting on July 11, 2024, and recommended approval of the project, 4 votes to 0.
Notice of City Council Hearing
The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners within 1,000 feet of the subject property, pursuant to FMC Section 15-5007 (Exhibit G).
ENVIRONMENTAL FINDINGS
An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
On March 25, 2008, the City Council approved Rezone Application No. R-07-10 and Vesting Tentative Tract Map No. 5756/UGM for a 102-lot single-family residential subdivision pertaining to approximately 19.17 acres of property located on the south side of West Ashlan Avenue between North Polk and North Gregory Avenues. The proposed environmental impacts of the previously approved tract map were analyzed under a Finding of Conformity environmental assessment that was adopted in 2007.
Because the physical development of the subject properties under Annexation Application No. P22-03846 and Pre-zone Application No. P22-04069 has already been evaluated, Environmental Assessment No. P22-03846/P22-04069 was limited to the anticipated environmental impacts of pre-zoning the property and annexing it to within the City boundaries. It was determined that no new environmental impacts beyond what was already evaluated under Rezone Application No. R-07-10 and Vesting Tentative Tract Map No. 5756 would occur as a result of Annexation Application No. P22-03846 and Pre-zone Application No. P22-04069.
Based upon the attached environmental assessment and the previously adopted finding of Conformity, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a Negative Declaration for this project. An Addendum, dated January 15, 2025, was subsequently prepared pursuant to Section 15164 of the CEQA Guidelines, to address a minor technical correction for the Project. This minor technical correction included the addition of a condition of zoning for the 9.78-acre parcel to be annexed into Community Facilities District No. 18, upon development of the property. A public notice of the attached Negative Declaration for Environmental Assessment Application No. P22-03846/P22-04069 (Exhibit H) was published in the Fresno Bee on December 6, 2024, with no comments received to date.
Pursuant to CEQA Guidelines Section 15164(a), a Lead Agency shall prepare an addendum to a previously adopted Negative Declaration if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent Negative or Mitigated Negative Declaration have occurred. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether a subsequent environmental review is required for this project. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects because the project is being implemented as planned. Specifically, the addition of a condition of zoning only requires one portion of the proposed annexation area to also be annexed into CFD No. 18 to provided police and fire services to Vesting Tentative Tract Map No. 5756.
2. No substantial changes occurred with respect to the circumstances under which the project is undertaken that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous EIR, showing that:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measure or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that a subsequent Negative or Mitigated Negative Declaration is not required for this approval, and staff has prepared an addendum to the Negative Declaration solely to assess the condition of zoning. Please see the attached environmental assessment (Exhibit H).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within FMC Sections 15-5812 and 15-6104 et. seq. can be made. These findings are attached as Exhibit F.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals, objectives and policies of the Fresno General Plan and the West Area Community Plan; compliance with the provisions of the FMC; 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. The proposed project meets the required findings contained with FMC Sections 15-5812 and 15-6104. Based upon evaluation, it can be concluded that the proposed project is appropriate for the subject properties.
LOCAL PREFERENCE
Local preference was not considered because this project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
The applicant has paid to the City a fee for the processing of this application, and action by the Council will result in timely deliverance of the review and processing of the applications, as is reasonably expected by the applicant.
Attachments:
Exhibit A - Aerial Map
Exhibit B - Vicinity Map
Exhibit C - Fresno General Plan Land Use & Zoning Map
Exhibit D - Proposed Pre-zone Exhibit
Exhibit E - Proposed Annexation Boundary Exhibit
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Public Hearing Notice Radius Map (1,000 feet)
Exhibit H - Environmental Assessment P22-03846/P22-04069 [12-6-2024] & Addendum [1-15-2025]
Exhibit I - Department of Public Works Memorandum [6-13-2024]
Exhibit J - Approved Vesting Tentative Tract Map 5756
Exhibit K - Planning Commission Resolution No. 13875 (Annexation Application No. P22-03846)
Exhibit L - Planning Commission Resolution No.13876 (Pre-zone Application No. P22-04069)
Exhibit M - City Council Resolution for Annexation Application No. P22-03846
Exhibit N - City Council Ordinance Bill for Pre-zone Application No. P22-04069
Exhibit O - City Council Hearing PowerPoint Presentation