1 of 4
Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
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. P20-04209 has been filed by Armen Devejian of Associated Design & Engineering, Inc., on behalf of Busseto Foods, Inc. with the City of Fresno to rezone property as depicted in the attached Exhibit A; and, WHEREAS, pursuant to the pr ovisions of Article 58, Chapter 15, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 18th day of May 2022, to consider Plan Amendment Application No. P20-04209, Rezone A pplication No. P20-04209, Development Permit Application No. P 20-04211, and relat ed Environmental Assessment No. P20-04209/P20-04211, dated March 4 , 2022, during which the Commission considered the environmental assessment and rezone application and recommended to the Co uncil of the City of Fresno approval, as evidenced in Planning Commission Resolution No. 13744 of the subject environmental assessment and rezone application to amend the Official Zone Map to rezone the approximately ±18.9 acre subject property from the RS-5/UGM ( Residential Single Family, Medium Density/Urban Growth Management) (±18.9 acres) zone district to the IL (Light Industrial/Urban Growth Management ) zone district in accordance with Plan Amendment Application No. P20-04209; and,
2 of 4
WHEREAS, the Council of the City of Fresno, on the 13th day of October 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 finds in accordance with its own independent judgment that with all applicable project specific mitigation measures imposed, there is no substantial evidence in the record that Rezone Application No. P20-04209 may have additional significant effects on the environment that were not identified in the Southwest Fresno Specific Plan Program Environmental Impact Report SCH No. 201731012 (“SWFSP PEIR”) which is tiered from the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (“MEIR”); and, that all applicable mitigation measures of the SWFSP PEIR and the MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the SWFSP PEIR and the MEIR as provided by CEQA Section 15178(a). Therefore, it has been determined based upon the evidence i n the record that the project will not have a significant impact on the environment and that the filing of a negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2) . Accordingly, the Council adopts the Negative Declaration prepared for Environmental Assessment No. P20-04209/P20-04211 dated March 4, 2022. In addition, pursuant to Public
3 of 4
Resources Code, Section 21157.6 (b) (1), Council finds that no substantial changes have occurred with respect to the circumstances under which the MEIR and SWFSP PEIR were certified; and, that no new information, which was not known and not have been known at the time of the MEIR and SWFSP P EIR were certified as complete, has become available.
SECTION 2. The Council finds the requested IL ( Light Industrial/Urban Growth Management) zone district is consistent with the proposed Employment – Light Industrial planned land use designation of the Fresno General Plan and the Southwest Fresno Specific Plan as specified in the Fresno General Plan and Municipal Code.
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 RS-5/UGM ( Residential Single Family, Medium Density/Urban Growth Management ) zone district to the IL ( Light Industrial/Urban Growth Management) zone district, as depicted in the attached Exhibit “A.” SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * * * * * * * * * *
4 of 4
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 13th day of October 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
By:
APPROVED AS TO FORM:
RINA GONZALES
City Attorney
By:
Kristi Costa Date
Deputy City Attorney
Attachment: Exhibit A
328'
328'
633' 633' 633'
953'
953'
W BELGRAVIA AVE
W FLORENCE AVE
S DELNO
AVE
S
CHA
NNING
W
AY
S TEILMAN AVE
W CHURCH AVE
S
W
EST
AVE
RS-5
O
O
OS
O
RM-2
P20-04209
APN: 477-030-20 & 21
995 W. Church Avenue and 2325 S. West Avenue
0 500 1,000250
Feet
/
EXHIBIT A- Rezone
Requesting to rezone ±18.9 acres from the RS-5/UGM( Residential Single Family, Medium Density/Urban Growth Management) zone district to the IL ( Light Industrial/Urban Growth Management ) zone district.
City Limits
County of Fresno
City of Fresno
R5-5/UGM
to
IL/UGM
County of Fresno
City of Fresno