Exhibit I
FRESNO MUNICIPAL CODE FINDINGS
Development Agreement between the City of Fresno and Parc West Development, Inc.
T
ENTATIVE TRACT MAP FINDINGS
S
ection 15-6006 of the Fresno Municipal Code provides City Council shall not approve a proposed Development Agreement unless it finds the following:
Findings per Fresno Municipal Code Section 15-6006
1. The provisions of the proposed Development Agreement are consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, and any applicable operative plan. This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or applicable operative plan provisions to be adopted concurrently with the approval of the proposed Development Agreement; and Finding 1: The purpose of the subject proposed development agreement by and between the City of Fresno and Parc West Development, Inc., is to Negotiate and stipulate terms respective to build-out of the Parc West Project; including but not limited to: (1) Vested Rights for future development through the duration term of the Agreement, including required exactions and subjectivity to development and impact mitigation fees ; (2) The timing within which key elements of the projec t and its required exactions need to be performed, constructed, completed, and/or accepted; (3) Allocation of fee credits and/or rights to reimbursements for eligible improvements, including establishment of respective fee accounts; (4) The sale, transfer or assignment of all or a portion of the project and rights, duties or obligations of the agreement ; (5) Acknowledgement of Future Discretionary Approvals , including conditions, terms, restrictions and requirements for subsequent discretionary actions; and, (6) The duration term of the agreement.
The subject property is located within the boundaries of the Fresno General Plan and the West Area Community Plan; and, is not located within an Airport I nfluence Area (AIA) of the Fresno County Airport Land Use Compatibility Plan. The Fresno General Plan designates the lands subject to the proposed development agreement for Residential, Medium Density (5.0-12 dwelling units per acre). Open space areas include a 2-acre neighborhood park, and approximately 1.96 acres of i nterior trails.
Figure MT -2: Paths and Trails of the Fresno General Plan identifies Class I Bicycle/Pedestrian paths for the designated Open Space areas. The proposed Development Agreement provides and secures for the improvement and dedication of designated Open Space areas within and adjacent to the subdivision boundary with a park and trails, consistent with the Fresno General Plan land use and regional trail designations for the subject property.
On January 28, 2021, the Fresno City Council held a public hearing to consider, and through adoption of Resolution No. 2021-27 took action to certify, Final Environmental Impact Report (EIR) SCH No. 2020039061 for purposes of facilitating the Parc West Project; a development proposed to include up to 844 single-family residential units, a two-acre neighborhood park, and interconnected trail system on ±160 acres of property located on the west side of North Grantland Avenue between West Ashlan Avenue and the West Gettysburg Avenue alignment.
As proposed, the project will be consistent with the Fre sno General Plan goals and objectives related to land use and the urban form:
• Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and education al venues that appeal to a broad range of people throughout the city.
• Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
• Make full use of existing infrastructure, and investme nt in improvements to increase competitiveness and promote economic growth.
• Promote orderly land use development in pace with public facilities and services needed to serve development.
• Promote a city of healthy communities and improve quality of life in established neighborhoods.
• Improve Fresno’s visual image and enhance its form and function through urban design strategies and effective maintenance.
• Encourage the development of Complete Neighborhoods and districts with an efficient and diverse mix of resi dential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. Healthy communities demonstrate efficient development patterns providing for:
Sufficient affordable housing development in appropriate locations; A mix of land uses and a built environment that supports walking and biking; Multimodal, affordable transportation choices; and, Safe public spaces for social interaction.
These Goals contribute to the establishment of a comprehensive city -wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of reso urces and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan.
Objectives
Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types.
Objective LU -1 promotes the establishment of 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.
Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
Policies
Policy UF-1-d emphasizes provisions for a diversity and variation of building type s, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.
Policy LU-5-c promotes medium density residential use to maximize efficient use of residential property through a wide range of densities.
Policy LU-5-g supports development adjacent to established neighborhoods that is compatible in scale and character with the surrounding area.
Policy LU-5-h supports housing that offers residents a variety of amenities including public and private open space, landscaping, with direct access to public transit and community gathering spaces.
The proposed pr oject will provide for connectivity through both vehicular and pedestrian integration with adjacent lands for future development. Furthermore, the project is in close proximity to existing and future school sites.
The Parc West project provides single family residential housing (during the time of a State-declared housing crisis) and the provision of improved and dedicated open space areas with regional trails and improvements on property that qualifies as infill lands and which provide connectivity for surrounding neighborhoods, employment destinations, retail opportunities, and schools contributing to the Complete Neighborhoods concept within the Fancher Creek Planned Development Project area.
The proposed Development Agreement support s the above-mentioned goals, objectives and policies of the current Fresno General Plan; specifically, strategies aimed toward the provision of Complete Neighborhoods through the provision of certainty and commitment to use and develop the Parc West Project in a manner consistent with the Goals, Objectives and Policies of the Fresno General Plan.
Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict w ith any applicable land use plan, policy or regulation of the City of Fresno. Furthermore, the proposed project, including the design and improvement of the subject property, is found; (1) To be consistent with the goals, objectives and policies of the ap plicable Fresno General Plan; (2) To be Suitable for the type and density of development; (3) To be safe from potential cause or introduction of serious public health problems; and, (4) To not conflict with any public interests in the subject property or adjacent lands.
2. The proposed Development Agreement will provide substantial public benefit.
Finding 2: The adopted Fresno General Plan articulates a vision for the city and presents a set of policies and implementation actions to achieve that vision. The Plan capitalizes on opportunities inherent in Fresno’s assets and regional location – on its human and natural resources; its economic resources, and proud history. The Plan draws from the ideas and visi
ons of the many citizens, business owners, elected officials, and City staff who participated in the planning process, under the leadership provided by the General Plan Citizens Advisory Committee (GPCC), the Planning Commission, the Mayor, and the City Council. The primary purpose of a general plan is to outline a long -range vision for the physical development of the city that reflects the aspirations of the community.
The purpose of the subject proposed development agreement by and between the City of Fresno and Parc West Development, Inc., is to Negotiate and stipulate terms respective to build-out of the Parc West Project; including but not limited to : (1) Vested Rights for future development through the duration term of the Agreement, including required exactions and subjectivity to development and impact mitigation fees; (2) The timing within which key elements of the projec t and its required exactions need to be performed, constructed, completed, and/or accepted; (3) Allocation of fee credits and/or rights to reimbursements for eligible improvements, including establishment of respective fee accounts ; (4) The sale, transfer or assignment of all or a portion of the project and rights, duties or obligations of the agreement; (5) Acknowledgement of Future Discretionary Approvals , including conditions, terms, restrictions and requirements for subsequent discretionary actions; and, (6) The duration term of the agreement.
The project will provide for much needed housing during the time of a State-declared housing emergency. The project provides for substantial public amenity in the form of improved and dedicated open spaces comprised of open spaces, parks and regional trails. The project will contribute to the completion of missing roadway and infrastructure improvements within the area in a manner which is consistent with the land use designations and circulation element of the Fresno General Plan.
The proposed project will provide for connectivity through both vehicular and pedestrian integration with adjacent lands for futur e development contributing to reduction in vehicle miles traveled . Furthermore, the project is located in close proximity to land planned and designated for employment destinations, retail opportunities, existing and future school sites contributing to the completion of the Complete Neighborhood concept for the Parc West Project.
Therefore, the matter of consideration of the proposed Development Agreement for purposes of facilitating completion of the proposed and environmentally certified Parc West Project is considered to provide substantial public benefit.
Based upon the term, applicable rules, and agreements (including exactions, satisfaction of open space standards, and subjectivity to City development fees, fee credits and reimbursements), contained within the proposed Development Agreement between the City of Fresno and Lennar Homes of California, Inc. , as attached to the staff report, City staff has determined that all of the findings above can be made.