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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No. XXX
BILL NO. __________
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
UPDATING THE OFFICIAL ZONING MAP AS DESCRIBED BY
SECTION 15-108 OF THE FRESNO MUNICIPAL CODE, AND
PURSUANT TO THE PROCEDURES SET FORTH IN ARTICLE
58, CHAPTER 15 OF THE FRESNO MUNICIPAL CODE
WHEREAS, Rezone Application No. P22-00451 has been filed by Jennifer Clark, with the City of Fresno, to rezone property as depicted in the attached Exhibit “A”; and, WHEREAS, pursuant to the provisions of Article 58, Chapter 15, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 1st day of June 2022, to consider Rezone Application and Environmental Assessment No. P22-00451, and recommended to the Council of the City of Fresno approval, as evidenced in Planning Commission Resolution No. XXXXX, to amend the Official Zoning Map to rezone the approximately ±5.57 acre subject property from the PI/cz ( Public and Institutional/conditions of zoning) zone district to the PI /cz ( Public and Institutional/conditions of zoning) zone district; and, WHEREAS, the Council of the City of Fresno, on the 9th day of June 2022, received the recommendation of the Planning Commission.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council
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finds in accordance with its own independent judg ment that there is no substantial evidence in the record that Rezone Application No. P22-00451 may have additional significant effects on the environment that were not identified in the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 (“PEIR”). In addition, pursuant to Public Resources Code, Section 21157.6 (b) (1), Council finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified; and, that no new information, which was not known and not have been known at the time of the PEIR was certified as complete, has become available.
Accordingly, the Council adopts the Rezone Application and Environmental Assessment No. P22-00451, dated June 9, 2022, a determination that the proposed project quali fies for the streamlined analysis set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
SECTION 2. The Council finds the requested PI/cz (Public and Institutional/conditions of zoning) zone district is consistent with the Public/Quasi -public Facility planned land use designation of the Fresno General Plan, Bullard Community Plan, and the Fresno County Airport Land Use Compatibility Plan.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno, and shown on the Official Zone Map of the City of Fresno, is reclassified from the PI/cz (Public and Institutional/conditions of zoning) zone district to the PI (Public and Institutional/conditions of zoning) zone district, as depicted in the attached Exhibit “A”.
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SECTION 4. This ordinance shall be conditioned upon the record owner of the property described in Section 3 executing and caus ing to be recorded a zoning contract running with the land that will affect land development to guarantee that:
1. The uses described below shall be prohibited on the subject property:
a. Emergency Shelters provided for the purpose of, or which should constitute a homeless encampment.
b. Substance Abuse Treatment Clinics.
c. Recycling Processing Facilities.
d. Utilities, Major.
e. Waste Transfer Facility.
SECTION 5. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss
CITY OF FRESNO )
I, Todd Stermer, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the _____ day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Todd Stermer,
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Mary Raterman-Doidge Date
Senior Deputy City Attorney II
Attachment: Exhibit A