REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
ASHLEY ATKINSON, Assistant Director
Planning and Development Department
ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: ROB HOLT, Supervising Planner
Planning and Development Department
SUBJECT
Title
HEARING to Consider Plan Amendment Application No. P20-00213; Rezone Application No. P20-00213; Development Permit Application No. P22-03749; Planned Development Permit Application No. P23-03173; and related Environmental Assessment No. P20-00213/P22-03749/P23-03173 for approximately 3.78 acres of property located on the west side of North Chestnut Avenue, between East Behymer and East International Avenues. (Council District 6)
1. ADOPT - Mitigated Negative Declaration prepared for Environmental Assessment No. P20-00213/P22-03749/P23-03173 dated May 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. RESOLUTION - Approving Plan Amendment Application No. P20-00213 proposing to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from Employment - Office to Medium High Residential Density.
3. BILL - (for Introduction and Adoption) - Approving Rezone Application No. P20-00213 proposing to rezone the subject property from the O/UGM/cz (Office/Urban Growth Management/conditions of zoning) zone district to the RM-1/UGM/cz (Multi-Family Residential, Medium High Density/Urban Growth Management/conditions of zoning) zone district.
4. APPROVE - Development Permit Application No. P22-03749 proposing to construct a 48-unit private multi-family residential development, subject to the Conditions of Approval.
5. APPROVE - Planned Development Permit Application No. P23-03173 proposing to modify the development standards of the RM-1 (Multi-Family Residential, Medium High Density) zone district to allow for a reduction in the minimum parking setback from back of sidewalk, subject to the Conditions of Approval.
Body
RECOMMENDATIONS
1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. P20-00213/P22-03749/P23-03173 dated May 16, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. ADOPT RESOLUTION approving Plan Amendment Application No. P20-00213 proposing to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from Employment - Office to Medium High Residential Density.
3. INTRODUCE AND ADOPT BILL approving Rezone Application No. P20-00213 proposing to rezone the subject property from the O/UGM/cz (Office/Urban Growth Management/conditions of zoning) zone district to the RM-1/UGM/cz (Multi-Family Residential, Medium High Density/Urban Growth Management/conditions of zoning) zone district.
4. APPROVE Development Permit Application No. P22-03749 proposing to construct a 48-unit private multi-family residential development, subject to the Conditions of Approval.
5. APPROVE Planned Development Permit Application No. P23-03173 proposing to modify the development standards of the RM-1 (Multi-Family Residential, Medium High Density) zone district to allow for a reduction in the minimum parking setback from back of sidewalk, subject to the Conditions of Approval.
EXECUTIVE SUMMARY
Melanie Halajian of Dirk Poeschel Land Development Services, on behalf of B.J. Johal, has filed Plan Amendment-Rezone Application No. P20-00213, Development Permit Application No. P22-03749, and Planned Development Permit Application No. P23-03173 pertaining to approximately 3.78 acres of property located on the west side of North Chestnut Avenue, between East Behymer and East International Avenues.
The subject property is located within the boundaries of the Fresno General Plan and Woodward Park Community Plan, and both plans designate the subject property for Employment - Office uses. The proposed plan amendment would change the planned land use designation from Employment - Office to Medium High Density Residential (12 to 16 dwelling units per acre (du/ac)). Development Permit Application No. P22-03749 is a proposal to develop the property into a 48-unit private multi-family development. The proposed density of the development is 12.70 du/ac. Based upon the submitted project design, and conditions of approval, the proposed project can be found consistent with the proposed Medium High Density Residential planned land use for the subject property.
Fresno City Planning Commission Action
On June 18, 2025, the Planning Commission considered the item. After a complete hearing, the Planning Commission voted to recommend that the City Council approve the plan amendment, rezone, development permit, planned development permit, and environmental assessment with the condition that the area along the shared property line with the day care (southern property line) is densely screened. The Planning Commission Resolutions (Exhibits N, O, P, and Q) are attached for more information.
BACKGROUND
The subject property is a vacant site located on the west side of North Chestnut Avenue, between East Behymer and East International Avenues. The property is generally surrounded by single-family residential neighborhoods to the west, north and south. Adjacent to the east is the City of Fresno’s Surface Water Treatment Plant, and Clovis Community College located further northeast. Adjacent south of the subject property is a child day care center. The subject property includes a 40-foot-wide Fresno Irrigation District exclusive easement along the western property line, adjacent to the single-family homes.
The proposed multi-family development will consist of 6 two-story buildings encompassing a total of 16 one-bedroom dwelling units, 20 two-bedroom dwelling units, and 12 three-bedroom dwelling units (48 total multi-family dwelling units). Additional on-site and off-site improvements include, but are not limited to, concrete curb, gutter, and sidewalk, landscaping, 78 parking spaces, (48 covered and 30 uncovered), clubhouse, swimming pool, tot lot, and other open space areas.
Vehicular access to the site will be provided via one gated entrance for ingress and egress off North Chestnut Avenue at the southern end of the site and one gated entrance for egress only at the northern end of the site.
Plan Amendment
The plan amendment proposes to change the planned land use designation for the subject property from Employment - Office to Medium High Density Residential. This is an opportunity to allow multi-family residential uses on an irregularly shaped property.
Planned Development
The subject property is proposed to be zoned RM-1 and proposed to be planned for Medium High Density Residential uses. The proposed project is required to comply with the development standards of the RM-1 zone district, except for modifications approved through the Planned Development Permit.
Planned Development Permit Application No. P23-03713 requests authorization to modify the minimum setback requirement, as follows:
• Reduce parking setback from back of sidewalk from 30 feet to 16 feet
Conditions of Zoning
Conditions of zoning were placed on the subject property on September 21, 1999, with City Council approval of Rezone Application No. R-99-15. This rezone included the property adjacent south of the subject property fronting East Behymer Avenue. All conditions of zoning relative to improvement requirements of East Behymer Avenue do not apply to this project as the subject property only has frontage along North Chestnut Avenue. All conditions of zoning related to North Chestnut Avenue improvements apply. The conditions of zoning are as follows:
SECTION 3 of R-99-15
1. East Behymer Avenue. Within the limits of the subject property, dedication of a forty-eight-foot (48’) wide easement for street right-of-way along the entire frontage to provide for an ultimate 110-foot arterial street in accordance with the circulation element of the City’s General Plan, less the seven-foot (7’) parking lane, together with an additional two-foot (2’) width for bus bay and transition to meet Public Works standards per drawing P-61 for major street intersections.
Staff Response: As previously stated, the subject property was previously merged with the adjacent property to the south and has since been subdivided, resulting in the subject property not having any frontage along East Behymer Avenue. Thus, this condition of zoning does not apply to the project.
2. North Chestnut Avenue. Within the limits of the subject property, dedication of up to a thirty-foot (30’) wide easement for street right-of-way along the entire frontage, based on the land uses depicted on any site plan submitted for development of the site, to provide for a collector street in accordance with the circulation element of the City’s General Plan, and an agreement between the City and the property owner.
Staff Response: The Department of Public Works has confirmed that this condition of zoning is currently in compliance.
3. Dedicate sufficient right-of-way at the northwest corner of Behymer and Chestnut for future installation of a wheelchair ramp conforming to Public Works Standard P-28.
Staff Response: As previously stated, the subject property was previously merged with the adjacent property to the south and has since been subdivided, resulting in the subject property not having any frontage along East Behymer Avenue. Thus, this condition of zoning does not apply to the project.
SECTION 4 of R-99-15
1. Development of the subject property shall be limited to a maximum building height of 35 feet.
Staff Response: The proposed elevations depict the tallest building with a peak height of 30 feet, which is lower than the maximum 35-foot height requirement. Thus, this condition of zoning is in compliance.
2. Any site plan review application proposed on the subject property may be subject to Fresno City Planning Commission review, as determined by the Development Director.
Staff Response: The development permit (formerly known as “site plan review”) is subject to City Council approval, which requires recommendation from the Planning Commission. Thus, this condition of zoning is in compliance.
3. In order to provide sewer service to the site, the Department of Public Utilities requires, per its memorandum dated April 26, 1999, that the applicant either provide specific enhancements (by pipe lining) to the Herndon Trunk Sewer between Fresno Street and Howard Avenue and to the sewer main in Cedar Avenue between Herndon Avenue and Fir Avenue, or pay the City a development fee to be determined and paid at the time of issuance of occupancy permits on the subject property for the project’s proportional share of these sewer enhancement costs.
Staff Response: The Department of Public Utilities has confirmed that this condition of zoning is in compliance.
4. The required street dedications to the adjacent major streets, as described in Section 3 above, shall be required at the time of submittal of a special permit proposing development of the subject property.
Staff Response: The Department of Public Works memorandum includes requirements for street dedications of North Chestnut Avenue (major street). Thus, this condition of zoning is in compliance.
All applicable conditions of zoning are currently in compliance or conditioned to be in compliance.
Walls
FMC Section 15-2008.B requires a minimum six-foot-high (6’) screen wall along the western property line to screen the existing single-family residential uses. The Fresno Irrigation District can permit a wall to be constructed along the edge of their easement, pursuant to a written agreement with the Developer.
Landscaping / Open Space
Pursuant to FMC Table 15-1003, the minimum on-site open space requirement of the RM-1 zone district is 20 percent of the subject property area. The subject property is approximately 3.78 acres in size (164,657 square feet), equating to a minimum on-site open space requirement of 0.76 acres (32,931 square feet). The project proposes approximately 0.96 acres (41,793 square feet) of open space that includes various open space areas, a clubhouse, swimming pool, tot lot and private patios and balconies. This equates to 25.4 percent of the subject property developed as open space, which exceeds the minimum requirement of 20 percent, providing compliance with the RM-1 open space requirements.
Fresno Municipal Code Section 15-1004.A has minimum applicable setback requirements of the RM zone district abutting an RS zone district, as follows: 1) Interior side yard setback of 10 feet; and 2) Rear yard setback of 15 feet. Additionally, pursuant to FMC Table 15-2305-C.1, a minimum 10-foot-wide landscape buffer with a minimum of 2 large trees, 2 small to medium trees, 6 large shrubs, and 8 small to medium shrubs is required along the rear yard property line. Although a minimum 15-foot-wide landscape setback is proposed along the rear property line, this area is within an existing FID easement that does not allow for trees or shrubs, and thus only ground cover can be installed.
Density
The project proposes construction of a 48-unit multi-family residential development on approximately 3.78 acres of property that is proposed to be zoned RM-1 (Multi-Family Residential, Medium High Density). Pursuant to the Fresno General Plan, Medium High Density Residential planned land uses have an allowable density range of 12 to 16 dwelling units per acre (du/ac). As proposed, the 48 units would result in a density of 12.70 du/ac and would, therefore, be consistent with the density range of the Medium High Density Residential planned land use.
Fresno Municipal Code
Setbacks
The east property line along North Chestnut Avenue is considered the front yard, the south property line is considered the interior side yard, and the west property line is considered the rear yard. The northern property line ends at a point and thus, is not considered as a front, side, or rear yard.
• Front setback (North Chestnut Avenue): The front setback requirement of the RM-1 zone district does not apply (Note 1 in FMC Table 15-1003).
• Interior side yard setback (southern property line; adjacent to child day care property): The minimum interior side yard setback is 10 feet total, minimum 4 feet per side. The site plan depicts the nearest building to the interior side yard setback at 10 feet. Thus, the proposed project complies with the minimum interior side yard setback requirement of the RM-1 zone district.
• Rear yard setback (western property line): Pursuant to FMC Section 15-1004.A.2.b, when an RM zone district abuts an RS zone district, the minimum rear yard setback shall 20 feet. The site plan depicts the nearest building to the portion of the property that abuts the RS zone district at 86 feet. It should be noted that the nearest 2nd floor balconies facing the single-family residential properties are approximately 86 feet away. Pursuant to FMC Section 15-2016.C.1, the proposed solid waste enclosure at the southern end of the site is conditioned to be relocated a minimum of 20 feet from the rear property line. Thus, as conditioned, the proposed project complies with the minimum rear yard setback requirement of the RM-1 zone district.
• Parking, from back of sidewalk: The minimum parking setback, from back of sidewalk, is 30 feet. The site plan depicts the nearest parking space from back of sidewalk at approximately 16 feet. This deviation is requested with the planned development permit for which approval findings can be made. Therefore, the proposed project complies with the minimum parking setback requirement of the RM-1 zone district, subject to approval of the planned development permit.
Lot Coverage
The maximum lot coverage for the RM-1 zone district is 50 percent. The proposed lot coverage for the project is approximately 32 percent, providing consistency with the maximum lot coverage requirement of the RM-1 zone district.
Parking
The project proposes 16 one-bedroom dwelling units, 20 two-bedroom dwelling units, and 12 three-bedroom dwelling units. For multi-family projects, FMC Section 15-2409 requires one (1) parking space per unit for one- or two-bedroom units, and 1.5 parking spaces for three-bedroom units. Additionally, for one-, two-, or three-bedroom units, one covered parking space is required for each unit and one additional uncovered guest parking space must be provided for every two (2) units. This equates to a total of 78 required on-site parking spaces (48 covered and 30 uncovered). The site plan depicts 81 total parking spaces, of which 48 are garages (covered parking) and 33 uncovered parking spaces, providing compliance with and exceeding the minimum parking space requirements of the RM-1 zone district.
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, mitigation measures of the Mitigated Negative Declaration, and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works Standards, specifications, and policies.
For sanitary sewer service, these infrastructure improvements and facilities include typical requirements including the installation of new sewer service branch(es). The proposed project will also be required to provide payment of sewer connection charges.
For water service, required infrastructure improvements and facilities include installation of new water service(s) and meter box(es). The nearest water main to serve the Project is a 24-inch water main located in North Chestnut Avenue.
Fresno Metropolitan Flood Control District
The Fresno Metropolitan Flood Control District (FMFCD) memorandum dated November 16, 2023, states that conveyance of storm water should be directed towards North Chestnut Avenue. The grading plan for the site requires review by FMFCD prior to final development. This is required prior to the issuance of permits.
Fire Department
The Fresno Fire Department (FFD) 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 within the Fresno City limits, in addition to having mutual aid agreements with the Fresno County Fire Protection District and the City of Clovis Fire Departments. The project has been reviewed by the Fire Department and shall comply with FFD requirements.
Clovis Unified School District
The Clovis Unified School District (CUSD) memorandum dated August 8, 2024, indicates that prospective students of the proposed multi-family development will be attending the following schools with their capacity and current enrollment as of the 2023-24 school year:
• Elementary School: Riverview Elementary
• Capacity: 875 students
• Enrollment: 709 students
• Intermediate School: Granite Ridge Intermediate
• Capacity: 1512 students
• Enrollment: 1191 students
• High School: Clovis North High School
• Capacity: 2700 students
• Enrollment: 1200 students
CUSD notes that because of projected growth in the District, and the District’s plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than the school listed above; and (2) students residing in the project area mat attend more than one elementary school within the District during their elementary school years.
All comments received from the applicable agencies (Exhibit K) have been incorporated into the conditions of approval for Development Permit Application No. P22-03749 and Planned Development Permit Application No. P23-03173. Given the conditions of approval, and planned development permit findings, the project will comply with all zoning requirements as incorporated into the conditions of approval (Exhibit J).
Streets and Access Points
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 applicable standards, specifications and policies of the City of Fresno and responsible agencies.
The Public Works Department’s Traffic Planning Division has reviewed the proposed project and potential traffic-related impacts and determined that the streets adjacent to and near the subject site will accommodate the quantity and kind of traffic that may be potentially generated, subject to the requirements of the Traffic Planning Division’s memorandum dated January 31, 2024. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, and 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).
Public Notice and Input
Neighborhood Meeting
Prior to project submittal, the applicant held three (3) neighborhood meetings; one on December 17, 2019, one on August 14, 2024, and one on May 27, 2025, and noticed property owners within 1,000 feet of the subject property. During both meetings, the property owner prepared an overview of the project, including exhibits of the proposed development. All statements and comments below were provided to staff by the applicant.
The December 17, 2019, neighborhood meeting was held at the Fairfield Inn & Suites (50 North Clovis Avenue) at 5:30 p.m. and 20 neighbors attended the meeting. The applicant discussed traffic that would be created by the project. The neighbors expressed concerns regarding privacy and questioned if the apartments can be gated. The neighbors accepted the design concept, which locates the buildings as far east as allowed by the site. The applicant committed to having another meeting after the environmental assessment was completed and prior to the Planning Commission hearing. The neighbors expressed that the next neighborhood meeting should be located closer to the neighborhood.
The August 14, 2024, neighborhood meeting was held at the Woodward Park Library (944 East Perrin Avenue) at 6:00 p.m. and seven (7) neighbors attended the meeting. All seven of the attendees expressed opposition to the project, citing the following concerns:
• Noise
• Traffic
• Adequacy of on-site parking
• Increase in on-street parking
• Lighting impacts to surrounding areas
The May 27, 2025, neighborhood meeting was held at the Riverview Elementary School (2491 East Behymer Avenue) at 6:00 p.m. and ten (10) neighbors attended the meeting. The applicant discussed that the site was previously approved for office development, but the project did not receive interest from any prospective tenants. The attendees voiced the following concerns:
• Increase in traffic as a danger to children
• Insufficient off-street parking and on-street parking along Chestnut
• Privacy issues with apartment dwellers having views into neighbor’s backyards
• Concerns about residents subletting rooms and garages
A summary of all three meetings has been provided by the applicant (Exhibit I).
Council District Project Review Committee
The Council District 6 Project Review Committee (Committee) reviewed the proposed project at its regular meeting on January 10, 2024. The Committee voted to recommend approval of the project with the following recommendations:
• The fencing along the west side of the property should be a six-foot-high (6’) wall from finished grade.
Staff Response: The conditions of approval require a 6’ high screen wall along the western property boundary of the subject property.
• The pool hours should be limited from 8:00 a.m. until 10:00 p.m. daily.
Staff Response: The Fresno Municipal Code (FMC) does not provide limitations on swimming pool hours, although the project is conditioned to comply with the Noise Ordinance of the FMC (FMC Section 15-2506) for nighttime activities.
• Street parking should be allowed along North Chestnut Avenue.
Staff Response: The Public Works Department memorandum dated January 31, 2024, requires dedication and construction of one (1) southbound 12’ center section travel lane, 5-foot bike lane, and an 8-foot parking lane along the property frontage on North Chestnut Avenue. The additional dedication and construction of the southbound lane results in an allowance for on-street parking. Additionally, as noted above, the project proposes on-site parking that exceeds the minimum requirements.
• The west area of the property (FID easement) should be secured with a gate on the north and south ends of the property.
Staff Response: The site plan depicts parking spaces, landscaping, and drive aisles within the FID easement area, making gates not feasible. Furthermore, FID does not require gates for this easement.
Airport Land Use Commission
The Airport Land Use Commission (ALUC) reviewed the proposed project at its regular meeting on August 3, 2020, and voted to recommend a Finding of Consistency for this project with no further recommendations.
Notice of City Council Hearing
The Planning and Development Department mailed notices of this City Council hearing to surrounding property owners within 1,000 feet of the subject property, pursuant to FMC Section 15- 5007 (Exhibit H).
ENVIRONMENTAL FINDINGS
An 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.
Preparation of the initial study necessitated a thorough review of the proposed project and relevant environmental issues. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; and the traffic carrying capacity of the planned major street system.
All mitigation measures have been applied to ensure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, or irreversible significant effects. Additionally, staff has determined that no substantial changes have occurred and that no new information has become available pursuant to CEQA Guidelines Section 21092.1. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate, in accordance with the provisions of CEQA Guidelines Sections 21157.5(a)(2) and 15074(b).
A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. P20-00213/P22-03749/P23-03173 (Exhibit L) was published in the Fresno Bee on May 16, 2025, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within FMC Sections 15-5206, 15-5812, and 15-5905 et seq. can be made. These findings are attached as Exhibit G.
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 Woodward Park Community Plan; compliance with the provision 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. Staff concludes that the required findings contained within FMC Sections 15-5206, 15-5812, and 15-5905 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the project site.
LOCAL PREFERENCE
Local preference is not applicable because this project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
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. Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant 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 Planning and Development Department.
Attachments:
Exhibit A - Project Exhibits (Site Plan, Floor Plan, & Elevations) [7-1-2024 & 11-9-2023]
Exhibit B - Operational Statement [11-9-2023]
Exhibit C - Aerial Map
Exhibit D - Fresno General Plan Land Use & Zoning Map
Exhibit E - Proposed Planned Land Use Exhibit
Exhibit F - Proposed Rezone Exhibit
Exhibit G - Fresno Municipal Code Findings
Exhibit H - Public Hearing Notice Radius Map (1,000 feet)
Exhibit I - Neighborhood Meeting Summaries [12-17-2019, 8-14-2024 & 5-27-2025]
Exhibit J - Conditions of Approval for Development Permit App. P22-03749 [6-18-2025]
Exhibit K - Comments and Requirements from Responsible Agencies
Exhibit L - Environmental Assessment P20-00213/P22-03749/P23-03173 [5-16-2025]
Exhibit M - Opposition Letters [6-4-2025 & 6-17-2025]
Exhibit N - Levine Act Disclosure Form
Exhibit O - Planning Commission Resolution No. 13905 (Plan Amendment Application No. P20-00213)
Exhibit P - Planning Commission Resolution No. 13906 (Rezone Application No. P20-00213)
Exhibit Q - Planning Commission Resolution No. 13907 (Development Permit App. No. P22-03749)
Exhibit R - Planning Commission Resolution No. 13908 (Planned Development Permit App. No. P23-03173)
Exhibit S - City Council Ordinance Bill for Rezone Application No. P20-00213
Exhibit T - City Council Resolution for Plan Amendment Application No. P20-00213
Exhibit U - City Council Hearing PowerPoint Presentation