REPORT TO THE PLANNING COMMISSION
MARCH 5, 2025
FROM: JENNIFER CLARK, Director
Planning and Development Department
THROUGH: SOPHIA PAGOULATOS, Planning Manager
Planning and Development Department
BY: ADRIENNE ASADOORIAN-GILBERT, Supervising Planner
Planning and Development Department
SUBJECT
Title
CONTINUED FROM FEBRUARY 19, 2025
Consideration of Text Amendment Application No. P24-00794 and related Environmental Finding for Environmental Assessment No. P24-00794, amending Sections 15-1302, 15-4907, 15-5102, 15-6702, 15-6802 of the Fresno Municipal Code, repealing Section 15-1106 of the Fresno Municipal Code, and establishing Section 15-2742.5 of the Fresno Municipal Code, to permit ministerial approval of housing projects.
1. RECOMMEND ADOPTION (to the City Council), of Mitigated Negative Declaration Sch No. 2024110662 for Text Amendment Application No. P24-00794.
2. RECOMMEND ADOPTION (to the City Council), of Text Amendment Application No. P24-00794, to amend Sections 15-1302, 15-4907, 15-5102, 15-6702, 15-6802 of the Fresno Municipal Code, repeal Section 15-1106 of the Fresno Municipal Code, and establish Section 15-2742.5 of the Fresno Municipal Code, to permit ministerial approval of housing projects in the following instances as noted below:
a. Ministerial approval of office to dwelling conversions in the Office zone district; and
b. Ministerial approval of multi-unit residential development in the RM-1, RM-2, and RM-3 zone districts on parcels within one-half mile of an existing bus stop; and
c. Ministerial approval of multi-unit residential uses in the NMX, CMX, RMX, CMS and CR zone districts on parcels within the City’s Infill Priority Area; and
d. Ministerial approval of new multi-unit residential development in the Office zone district.
Body
EXECUTIVE SUMMARY
Text Amendment Application No. P24-00794 proposes to amend Sections 15-1302, 15-4907, 15-5102, 15-6702, 15-6802 of the Fresno Municipal Code, repeal Section 15-1106, and establish Section 15-2742.5 of the Fresno Municipal Code to permit ministerial approval of housing projects in the following instances: (1) proposed office to dwelling conversion residential use classification in the Office District; (2) multi-unit residential development in the RM-1, RM-2, and RM-3 zone districts on parcels within .5 mile of an existing bus stop; (3) multi-unit residential uses in NMX, CMX, RMX, CMS, and CR zone districts on parcels within the City’s Infill Priority Area; (4) new standalone multi-unit residential development in the Office District.
BACKGROUND
On March 30, 2023, the City Council initiated Resolution No. 2023-064, which instructed staff to prepare a text amendment to the Development Code to address the changing dynamics of office work and citywide housing shortages. Text Amendment Application No. P24-00794 proposes the following: (1) ministerial approval of the conversion of office uses to residential uses including parcels in the Office Zone District that have an existing commercial use; (2) ministerial approval of multi-unit residential developments in multi-family districts (RM-1, RM-2 and RM-3) within .5 mile of an existing bus stop; (3) ministerial approval of single-unit dwellings, and attached and multi-unit residential housing types, in mixed-use districts (NMX, CMX, RMX, CMS, and CR) within the City’s Infill Priority Area; (4) ministerial approval of new standalone multi-unit residential development in the Office Zone District.
In addition to providing more options for the development of housing, adoption of the proposed Text Amendment would help the City maintain the Prohousing and Housing Element commitments it has made over the last two years. For example, on November 3, 2022, the Fresno City Council approved an application to the Prohousing Designation Program, established by the California Department of Housing and Community Development (HCD) to encourage the acceleration of housing production at the local level. On March 30, 2023, HCD approved the City’s application and granted the City a Prohousing Designation. The Prohousing Designation awarded to the City includes a commitment to update the Development Code to permit additional residential uses in non-residential zone districts. The Prohousing Designation makes the City eligible for grant funding through programs such as the Prohousing Incentive Pilot (PIP) Program. If the City does not keep its Prohousing commitments, grant funding may be at risk.
In addition, 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. Program 2 of the Housing Element requires amending the Development Code to allow higher density housing in all areas of the City. The proposed Text Amendment would assist in meeting the RHNA by providing additional housing capacity of 22,425 dwelling units over the next 30 years in all areas of the City, including high resource areas.
The proposed Text Amendment includes eligible sites located in the following district types and associated zones:
• Residential Multi-Family District (RM-1, RM-2 and RM-3 zones): 3,848 acres
• Commercial District (CMS and CR zones): 726.4 acres
• Mixed-Use Districts (NMX, CMX and RMX zones): 3,143.1 acres
• Employment Districts (O zone): 1,373 acres
As shown in Exhibit G - Map of Eligible Sites, parcels in the RM-1, RM-2 and RM-3 zones are generally dispersed throughout the City, concentrated in proximity to intersections with existing transit service, parcels in the NMX, CMX and RMX zones are generally located along high-frequency transit corridors within City limits such as along Blackstone and Shaw Avenues and eligible sites in the O zones are generally dispersed throughout the City, concentrated within existing employment districts.
The proposed Text Amendment would prohibit ministerial approval of projects in Sensitive Areas. These include parcels with the following:
• Important Farmland (Prime Farmland, Unique Farmland, or Farmland of Statewide Importance), as designated by the State Department of Conservation;
• Williamson Act contract(s);
• Special flood hazard area (A, AE, etc.) as designated by the Federal Emergency Management Agency;
• Safety Zones 1 (RPZ), 2 (IADZ) or 3 (ITZ) within the Airport Influence Areas as designated by the Airport Land Use Commission of Fresno County;
• Hazardous sites (e.g. Cortese List references);
• The project would involve the modification or demolition of a designated Historic Resource.
In addition, new residential development would be prohibited on vacant or underutilized parcels located in the Office zone within 500 feet of a school.
If a project is not located on a parcel that includes any of the above-referenced Sensitive Areas, ministerial approval may be granted and processed as a Zone Clearance. This would allow the project to bypass review, recommendation and approval by active Project Review Committees, the Planning Commission or City Council.
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 E).
The completed environmental impact checklist form, and its associated narrative reflect applicable comments from responsible and trustee agencies and research, and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA.
All new development activities and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant, and/or that cumulative impacts accruing from this project may be mitigated to be less than significant with application of feasible mitigation measures.
Based upon the evaluation guided by the environmental checklist form, it was determined that there are no foreseeable substantial impacts from the Project, after the incorporation of mitigation measures in the Mitigation Monitoring and Reporting Program. The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, less than significant, or no impact.
For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the Project or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an EIR and have been mitigated to the extent feasible. With the mitigation imposed, there is no substantial evidence in the record that this Project may have significant, direct, indirect, or cumulative effects on the environment that are significant. The Mitigation Monitoring and Reporting Program will be imposed on this Project.
The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the CEQA Guidelines. The finding is, therefore, made that the Project will not have a significant adverse effect on the environment.
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 D for the Fresno Municipal Code Findings.
Public Notice
A Legal Notice was published in the Fresno Bee on January 30, 2025, pursuant to Fresno Municipal Code Section 15-5007(D) (See Exhibit C). In addition, the notice was posted on the City Clerk’s website, provided to the City’s distribution list for such notices, and emailed to interested parties.
Public Comments
A Draft MND was released for a 30-day public review period beginning on November 20, 2024, and ending on December 20, 2024. Public comments included the following:
• Concerns over neighborhood impacts from parcels located on Herndon and Prospect Avenues
o Inadequate parking for Orchid Park
o No on-street parking for vehicles that will be generated by new developments
o Access concerns due to the roundabout on Prospect Avenue
o Potential altered traffic patterns throughout the neighborhood
o School safety to the adjacent Tatarian Elementary School
o Noise and air pollution impacts
o Ingress and egress concerns that could cause traffic to back up onto Herndon Avenue
Please see Exhibit H - Public Comments and Exhibit F - Response to Comments for additional information.
Review By Committees and Commissions
The active Council District Plan Implementation Committees, Tower District Design Review Committee and Airport Land Use Commission comments are listed below:
District 1: The item was scheduled for the August 8th, 2024 meeting agenda. Due to the volume of agenda items, the Committee did not hear the item within the scheduled meeting time.
District 3: The item was presented on August 27th, 2024. The committee provided questions pertaining to how conversions would be required to comply with the California Building Code, intent of the ministerial provision of the Text Amendment and open space concerns in new developments.
District 4: The item was presented on August 20th, 2024. The committee did not provide additional comments.
District 5: The item was scheduled for the August 28th and September 25th meeting agendas but did not receive a formal presentation due to lack of quorum.
District 6: The item was presented on September 11th, 2024. The committee provided questions on where multi-unit housing would be permitted and comments on the ministerial process.
Tower District Design Review Committee: The item was presented on August 6th. The committee provided comments regarding concerns over the ministerial nature of the Text Amendment.
Airport Land Use Commission: The item was presented to the ALUC on August 5th. The ALUC recommended a finding of consistency with the proposed Text Amendment.
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.
ATTACHMENTS:
Exhibit A - Initiating Resolution
Exhibit B - Draft Ordinance (Text Amendment No. P24-00794)
Exhibit C - Public Notice
Exhibit D - Fresno Municipal Code Findings
Exhibit E - Environmental Assessment (MND SCH No. 2024110662)
Exhibit F - Response to Comments
Exhibit G - Map of Eligible Sites
Exhibit H - Public Comments
Exhibit I - Presentation
Supplemental Exhibit J - Materials Received by Public