REPORT TO THE PLANNING COMMISSION
January 7, 2026
FROM: JENNIFER K. CLARK, AICP, Director
Planning and Development Department
ASHLEY ATKINSON, AICP, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
ROB HOLT, Supervising Planner
Planning and Development Department
BY: JOHN GEORGE, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of Vesting Tentative Tract Map No. 6443 and related Environmental Assessment No. T-6443 for approximately 1.32 acres of property located on the west side of North Hayes Avenue, between West Shaw and West Gettysburg Avenues (Council District 1) - Planning and Development Department.
1. ADOPTION of Environmental Assessment No. T-6443 dated January 7, 2026, a determination that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332/Class 32 (In-fill Development Projects) of the CEQA Guidelines.
2. APPROVAL of Vesting Tentative Tract Map No. 6443 proposing to subdivide approximately 1.32 acres of property into an 11-lot conventional single-unit residential development, subject to compliance with the Conditions of Approval dated January 7, 2026, and contingent upon approval of the related environmental assessment.
Body
EXECUTIVE SUMMARY
Mark Greenwood of Greenwood and Associates, on behalf of Gurpal Bains of G & B Estates, LLC, has filed Vesting Tentative Tract Map No. 6443 pertaining to approximately 1.32 acres of property located on the west side of North Hayes Avenue, between West Shaw and West Gettysburg Avenues.
Vesting Tentative Tract Map No. 6443 proposes to subdivide approximately 1.32 acres of property into an 11-lot conventional single-unit residential development, which is contingent upon approval of the related environmental assessment.
The subject property is located within the boundaries of the Fresno General Plan and the recently adopted West Area Neighborhoods Specific Plan, and both plans designate the subject property for Medium Density Residential (5 - 12 dwelling units per acre (du/ac)). The proposed density of the subdivision is 8.33 du/ac. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property.
BACKGROUND
The subject property is currently a rural residential property located on the west side of North Hayes Avenue, between West Shaw and West Gettysburg Avenues. The general vicinity surrounding the subject property is primarily single-unit residential neighborhoods and rural residences. Immediately surrounding the subject property are rural residences to the north and south, and single-unit residential uses to the east and west. The subject property is not a Housing Element site.
Landscaping/Walls/Open Space
The proposed subdivision is located along a major street (North Hayes Avenue). Pursuant to Fresno Municipal Code (FMC) Section 15-4105.F.2, the development will be required to install landscaping and irrigation within a minimum 10-foot-wide landscaped outlot abutting all property lines with frontage along North Hayes Avenue (lot 1 of Vesting Tentative Tract Map No. 6443).
The developer is required to provide street trees on all public street frontages per Fresno Municipal Code (FMC) Section 15-4108. Street trees shall be planted at the minimum rate of one tree for each 40 feet of street frontage or one tree per home (whichever is greater) by the developer. The developer is required to provide irrigation for all street trees; the irrigation system shall comply with FMC Section 15-2309 (Irrigation Specifications) and the Model Water Efficient Landscape Ordinance (MWELO).
The long-term maintenance and operating costs, including repair and replacement, of required public improvements (Services) associated with new single-unit developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the responsibility of the developer. The developer shall provide for maintenance of these Services by a mechanism approved by the Public Works Department or by annexing into the City of Fresno Community Facilities District (CFD) No. 11.
Walls
Pursuant to FMC Section 15-4105.F.2, the rear of all lots with frontage along North Hayes Avenue shall construct a minimum 6-foot-high decorative masonry wall. This applies to lot 1.
Open Space
Pursuant to FMC Section 12-4.705.a.i, residential subdivisions with tentative maps containing 50 parcels or less are required to pay in-lieu fees for open space/park facility purposes. No on-site open space is required due to the limited number of proposed lots. It should be noted that the subdivision does propose an approximately 0.31-acre open space area adjacent to the trail located near the center of the property.
Trail
The proposed subdivision is located underneath large electric transmission lines traversing through approximately the center of the property where a planned trail is required. A proposed bicycle and pedestrian trail is to be constructed through the center of the project site located within minimum 26-foot-wide outlot, as depicted in Figure MT-2 (Paths and Trails) of the Fresno General Plan.
Public Services
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 public facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies.
Required sewer improvements and facilities include the construction and extension of sanitary sewer mains and branches within the interior of the proposed tract. The proposed project will also be required to pay sewer connection charges.
Required water infrastructure improvements and facilities include the construction and extension of water mains within the interior of the proposed tract and facilities include installation of an 8-inch water main (including installation of City fire hydrants) in West Santa Ana Avenue from the existing intersection of North Hayes Avenue.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone or hazard area. The construction of facilities required will provide permanent drainage service. Drainage from the site shall be directed to Santa Ana Avenue. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated October 28, 2025.
Fire Department
The Fire Department offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limits.
Based on the conditions provided by the Fire Department, subject property will be served by Fire Station 18 (approximately 0.92 miles away).
Streets and Access Points
The Fresno General Plan designates North Hayes Avenue as a collector street. The proposed project will take access from one public entrance on North Hayes Avenue.
The project will require dedications and/or acquisitions for public street rights-of-way and utility easements as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure, in accordance with all applicable standards, specifications and policies of the City of Fresno and responsible agencies.
The Public Works Department’s Traffic Engineering Division has reviewed the proposed project and potential traffic-related impacts for the proposed application, and determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated, subject to the requirements of the Traffic Engineering Division’s memorandum dated October 22, 2025. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee.
West Area Neighborhoods Specific Plan
Having reviewed the policies contained in the recently adopted West Area Neighborhoods Specific Plan, staff have determined that there are no policies that are more restrictive than those in the FMC or the Fresno General Plan. However, pursuant to Section 15-104-B-4 of the FMC, should there be a conflict between the FMC and the recently adopted West Area Neighborhoods Specific Plan, the FMC shall control.
Council District Project Review Committee
The Council District 1 Project Review Committee reviewed the project on September 12, 2024, and recommended that staff plan according to public transportation in the area and consider possibilities to direct traffic away from Shaw Avenue.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all property owners and residents within 1,000 feet of the subject property, pursuant to FMC Section 15-5007 (Exhibit G) and posted in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (CEQA), Public Resource Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of Categorical Exemption from CEQA from Section 15332/Class 32 was made and Environmental Assessment No. T-6443 was completed for this project on January 7, 2026 (Exhibit J).
None of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the application, Staff concludes that the findings required by FMC Section 15-3309. can be made. These findings are attached as Exhibit F.
GROUNDS FOR DENIAL OF TENTATIVE MAP
Section 66474 of the Subdivision Map Act (SMA) (California Government Code §§ 66410, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made.
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access of or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
Staff have determined that none of the findings above apply to the project and has recommended approval subject to the Conditions of Approval (Exhibit H).
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 recently adopted West Area Neighborhoods Specific 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 environmental assessment and exhibits. The proposed project does not meet the findings for denial per the SMA, and Staff concludes that the required findings contained within FMC Section 15-3309 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the project site.
Attachments:
Exhibit A - Vesting Tentative Tract Map No. 6443 [10-2-2025]
Exhibit B - Operational Statement [5-23-2024]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Public Hearing Notice Radius Map (1,000 feet)
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map No. 6443 [1-7-2026]
Exhibit I - Comments and Requirements from Responsible Agencies
Exhibit J - Environmental Assessment No. T-6443 [1-7-2026]