Exhibit R
BILL NO. ------
ORDINANCE NO. ____ _
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED
BY SECTION 15-108 OF OF THE FRESNO MUNICIPAL
CODE, AND PURSUANT TO THE PROCEDURES SET
FORTH IN ARTICLE 58, CHAPTER 15 OF THE FRESNO
MUNICIPAL CODE
Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: VJ--
WHEREAS, Pre-zone Application No. P22-00442 has been filed by D. R. Horton with the City of Fresno t pre-zone the 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 21st day of September 2022, to consider Pre-zone Application No. P22-00442 and related Environmental Assessment No. T-6345/P22-00411 /P22-00442 dated August 12, 2022, during which the Commission considered the environmental assessment and prezone application, and recommended to the Council of the City of Fresno approval of the subject environmental assessment and pre-zone application to amend the City's Zoning Ordinance on real property described herein below from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno RS-5 (Single-Family Residential, Medium Density), City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay), and City of Fresno RM-2/ANX (Multi-Family
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Ordinance No.
Residential, Urban Neighborhood/Annexed Rural Residential Transitional Overlay) zone districts; and
WHEREAS, the Council of the City of Fresno, on the 21 st day of September 2022, received the recommendation of the Planning Commission.
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 pre- zoning is in the best interest of the City of Fresno . The Council finds in acc ordance with its own independent judgement that with the project specific mitigation imposed, there is no substantial evidence in the record that Pre- zone Application No. P22- 00411 may have additional significant effects on the environment and that all applicable mitigation measures of the Project Specific Mitigation Monitoring Checklist dated August 12, 2022 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts. 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 Fresno General Plan Program Environmental Impact Report SCH No. 2019 (“PEIR”) was certified; and, that n o new information, which was not known and could not have been known at that time that the PEIR was certified as complete, has become available.
Accordingly, the Council adopts the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6345/P22-00411/P22-00442 dated August 12, 2022.
SECTION 2. The Council finds the requested RS -5 (Single-Family Residential, Medium Density)
, RS -5/ANX ( Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay ), and RM -2/ANX ( Multi-Family Residential, Urban Neighborhood/Annexed Rural Residential Transitional Overlay ) zone districts are consistent with the Medium Density Residential and Urban Neighborhood planned land use designations of the Fresno General Plan and Roosevelt Community Plan.
SECTION 3. The Council finds that the zone district of the real property described herein below, located in the City of Fresno, is pre-zoned from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno RS -5 (Single-Family Residential, Medium Density), City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay ), and City of Fresno RM -2/ANX ( Multi-Family Residential, Urban Neighborhood/Annexed Rural Residential Transitional Overlay ) zone districts in accordance with and as depicted in the attached Exhibit “A”. 2 of 5
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5 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 final passage and upon annexation to the City of Fresno.
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S
TATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, T ODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2 022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
By:
Da te
Deputy
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Kristi Costa Date
Senior Deputy City Attorney
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Exhibit “A”
Pre-zone Application No. P22-00442
APNs: 481-020-01, 481-060-02S, 473-030-63, 473-030-10
City Limits
AL20 to RS-5
AL20 to RS-5/ANX
Proposes to pre -zone approx. 38.37 acres of property from the Fresno County AL20 ( Limited Agriculture) zone district to the City of Fresno RS-5 (Single-Family Residential, Medium Density) zone district.
Proposes to pre -zone approx. 37.90 acres from the Fresno County AL20 ( Limited Agriculture) zone district to the City of Fresno RS -5/ANX ( Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district.
AL20 to RM-2/ANX
Proposes to pre -zone approx. 41.70 acres from the Fresno County AL20 ( Limited Agriculture) zone district to the City of Fresno RM -2/ANX ( Multi-Family Residential, Urban Neighborhood/Annexed Rural Residential Transitional Overlay) zone district. *
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