Exhibit O
FRESNO MUNICIPAL CODE &
HOUSING ELEMENT FINDINGS
PLAN AMENDMENT AND
REZONE APPLICATION NO. P22-00507
DEVELOPMENT PERMIT APPLICATION NO. P22-00505
PLAN AMENDMENT AND REZONE APPLICATION FINDINGS
Section 15-5812 of the Fresno Municipal Code provides that the City Council shall not approve an application unless the following findings can be made for the proposed Plan Amendment and Rezone:
Findings per Fresno Municipal Code Section 15-5812
Finding a: The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy;
Finding (a) can be made for the following reasons:
The change in planned land use and zoning from Medium Density Residential to Commercial General provides consistency with the following General Plan goals:
• Increase opportunity, economic development, business, and job creation;
• Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth; and
• Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential 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.
• Promote a city of healthy communities and improve quality of life in established neighborhoods.
• Promote orderly land use development in pace with public facilities and services needed to serve development.
These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve effi cient and equitable use of resources and infrastructure, and create an attractive living environment.
The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Healthy Communities elements of the Fresno General Plan that the project is consistent with:
• Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types.
o Policy UF-1-f: Complete Neighborhoods, Densities, and Development Standards.
Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
• 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.
o Policy LU- 1-a: Promote Development within the Existing City Limits as of December 31, 2012. P romote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City.
o LU-1-c: Provision of Public Facilities and Services . Promote orderly land use development in pace with public facilities and services needed to serve development.
• Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
o Policy LU- 2-a: Infill Development and Redevelopment . Promote development of vacant, underdeveloped, and re- developable land within the City Limits where urban services are availab le by considering the establishment and implementation of supportive regulations and programs.
• Objective LU -6: Retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors.
o Policy LU- 6-c: Appropriate Office Development. Promote the establishment of development standards for new offices, addressing location, size, and intensity necessary to meet the City’s needs. Integrate and support employment in adjacent and proximate neighborhoods.
Locate office projects to provide a transition between more intensive commercial uses and residential areas.
• Objective LU-8 provides for the development of civic and institutional land us es to meet the educational, medical, social, economic, cultural, and religious needs of the community.
• Objective HC- 1 works with neighborhood associations of local residents, businesses, and institutions on neighborhood and community health initiatives.
o Policy HC-1-c: Neighborhood Care Facilities . Support public agencies and private sector groups who provide care facilities in neighborhoods and job centers through new partnerships and incentives, and create opportunities to provide healthy, secure
environments for Pre-K children, older adults, and people with disabilities.
o Policy HC- 1-d: Cultural Sensitivity . Work with providers to ensure that additional health care services are offered in a way that is culturally sensitive and linguisticall y appropriate for the diverse communities in Fresno.
• Objective HC- 2 promotes the creation of complete, well -structured, and healthy neighborhoods and transportation systems.
o Policy HC -2-a: Healthy Neighborhoods . Promote the design of Complete Neighborhoods whose physical layout and land use mix allow for walking to local stores and services, biking, and transit use; foster community pride; enhance neighborhood identity; encourage public safety; are family -friendly; and address the needs of residents of all ages and abilities.
o Policy HC- 2-d: Mobility for Carless Population. Improve multi -modal mobility for populations that do not have access to a car by connecting neighborhoods to major destinations, including parks; civic facilities; educational institut ions; medical facilities; employment centers; shopping destinations; and recreation areas.
• Objective HC-3 promotes the creation of healthy, safe, and affordable housing.
o Policy HC- 3-e: Health Services and Medical Facilities in Underserved Neighborhoods. Publicize existing health programs and help residents make the connection between County and community -based health services and medical facilities. Work with hospitals and the County of Fresno Health Department to increase siting and development of medical clinics and medical facilities.
The change in the planned land use and zoning designation from Residential – Medium Density to Commercial – General would allow for the establishment of a new Medical Facility at the subject site. Further, the change would help facilitate and achieve the above- mentioned goals, objectives, and policies of the General Plan.
The proposed plan amendment and rezone will facilitate a project that meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. Valley Health Team, Inc., which provides healthcare services in the Central Valley , will serve and meet the healthcare needs of the underserved Pinedale neighborhood providing accessible, comprehensive, and quality health care in a culturally and linguistically appropriate manner.
The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facilities (north), residential (south), commercial (east), residential (west). Furthermore, surrounding properties are planned and zoned for a mix of land uses which include Public Facility - Elementary School (north), Residential - Medium Density (south), Corridor - Center Mixed Use (east), and Residential - Medium Density (west). The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses.
The project also proposes a building of high-quality design and at a scale compatible with the surrounding area. The proposed project would consist of the development of an approximately 11,664 square-foot, single-story medical clinic in the Pinedale community. Therefore , the project fosters a high-quality design and would contribute to the mix of amenities in the surrounding area.
Lastly, the project supports economic development by creating a new Medical facility, which will provide 40 permanent, full-time, good paying jobs, in North Fresno’s Pinedale Area.
The subject property is designated for Medium Density Residential planned uses by the Bullard Community Plan. Upon reviewing the policies contained in the Plan staff has determined that the there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. However, should there be a conflict between the FMC and the Bullard Community Plan, pursuant to Section 15- 104-D-4 of the FMC, the F MC shall control. Goals within the Bullard Community Plan that the project is consistent with are as outlined below:
• Goal 4.1.2 -5: Provide for a compatible relationship between differing housing types and densities.
The Pinedale Neighborhood Plan currently has principles and policies that would discourage commercial uses at the subject site. Objective D-1 provide the intent to restrict development of new commercial uses to areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road, directly southeast of the project site. Specifically, Policy D.1.d of the Pinedale Neighborhood Plan calls for the rezone of the subject properties (along the westerly side of North Sugar Pine Avenue, between West Beechwood and West Fir Avenues) from the C-6 (Heavy Commercial) zone district to R-2-A (Low Density Multiple- Family Residential, one story) zone district. The subject properties are currently zoned RS -5 (Residential Single- Family, Medium Densi ty) which allows for single -family and multi -family residential uses . However, t he Pinedale Neighborhood Plan includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services. The project (as proposed) will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of Pinedale. In this way, the project (proposed rezone/plan amendment and related devel opment permit) may be found consistent with the intent and vision of the Pinedale Neighborhood Plan.
Specifically, Chapter 2 (Commercial) of the Pinedale Neighborhood Plan states the following:
• Policy D- 2.d: All commercial uses shall provide adequate on- site parking which shall be landscaped and located in such a manner that it is not disruptive lo the neighborhood character.
The project includes a concrete masonry unit (CMU) along the western project site boundary, which adjoins residential. The projec t also includes landscaping which will comply with Development Standards of the FMC Article 23.
Chapter 4 (Circulation) of the Pinedale Neighborhood Plan states the following:
• Goal K: Expand the opportunity and ability for Pinedale residents to reach commercial and medical related services through the use of public or private transit.
The Pinedale area is an underserved community with limited access to transit and medical services, the project as proposed addresses the lack of medical services and remov es the need for transit to areas outside of Pinedale.
Appendix 1 (Historical Overview) of the Pinedale Neighborhood Plan states the following:
• Today the community is considered one of the most diverse in the area, with a well-integrated mix of Hispanic, African-American, while and Southeast Asians living together. It is definitely a walking community.
As proposed, the project offers residents the opportunity to have walking distance access to medical access without leaving the community. Further, the subject site has remained vacant since the creation of the Pinedale Neighborhood Plan and would promote development of
vacant, underdeveloped, and re-developable land within the City Limits.
Finding b: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare; and Finding (b) can be made for the following reasons:
The proposed change is necessary for the development of a Medical Facility. The subject property is currently zoned for Medium Density Residential uses . The proposed rezoning of the property would allow Valley Health Team, Inc. to develop an 11,664 square-foot medical clinic. Pursuant to Table 15- 1202 (Land Use Regulatio ns – Commercial Districts) of the FMC, Office uses, which includes Medical and Dental , are permitted “by right” in the CG zone district with an approved Development Permit and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC.
The Development Code implements setbacks, height, density, landscaping, parking and all applicable development standards for the use listed above. In addition, all responsible departments and agencies have been contacted and provided opportunity to respond with requirements to ensure the proposed development will protect the health, safety, peace, comfort, and general welfare of the community. Specific requirements are identified in the project Conditions of Approval listed in Exhibit J of the staff report.
The proposed project will provide employment opportunities in the City of Fresno. In addition, by allowing Valley Health Team , Inc. to develop a medical clinic in the Pinedale community, the residents will have access to medical care services in the underserved Pinedale community.
The project has been designed and conditioned in a manner which will promote and protect the public health, safety, peace, comfort and general welfare as provided and further analyzed within the staff report, to which these findings are attached, as well as within the associated Environmental Assessment (Exhibit N) attached to the staff report.
Finding c: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment -generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand.
Finding (c) can be made for the following reasons:
The proposed change in land use from Medium Density Residential to Commercial - General will help the City comply with goals and policies of the General Plan, including Objectives LU-8, HC-1, HC-2, LU-1, LU-2, and Policies HC-1-d, HC-2-d, LU-1-a, LU-1-c, LU-2-a as mentioned in Finding A above. Objective LU-8, HC-1, HC-2, LU-1, LU-2
Policy HC-1-d, HC-2-d, LU-1-a, LU-1-c, LU-2-a
Furthermore, the proposed change in land use from Medium Density Residential to Commercial - General will help the City meet the intent and vision of the Pinedale Neighborhood Plan as well as comply with the goals and policies of the PNP, including Goals K, and Policy D-2.d as mentioned in Finding A above.
DEVELOPMENT PERMIT APPLICATION FINDINGS
Section 15-5206 of the Fresno Municipal Code provides the Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following:
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5206
Finding a: The applicable standards and requirements of this Code.
Finding (a) can be made for the following reasons:
Development and use of the subject site as proposed is contingent upon approval of the related Plan Amendment and Rezone Application (P22-00507) components. The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS -5 ( Residential Single Family, Medium Density ) zone district to the CG (Commercial - General) zone district in accordance with the Plan Amendment Application. The proposed use, Office, Medical and Dental, is permitted by right, subject to an approved Development Permit, in the CG ( Commercial - General) zone district. Given the conditions of approval, Development Permit Application No. P2 2-00505 will comply with all applicable development standards of CG zone district and the Citywide Development Code including but not limited to Article 12 (Commercial Districts), Section 15 -2008 (Screening Between Differing Land Uses), Article 23 (Landscaping), and Article 24 (Parking and Loading).
Finding b: The General Plan and any operative plan or policies the City has adopted.
Finding (b) can be made for the following reasons:
Given the conditions of approval, Development Permit Application No. P22-00505 has been found to be consistent with the goals, objectives, and policies contained in the Fresno General P lan, Bullard Community Plan, and the Pinedale Neighborhood Plan as well as the planned land use designation of Commercial - General.
Finding c: Any applicable design guidelines adopted by the City Council.
Finding (c) can be made for the following reasons:
Given the conditions of approval, Development Permit Application No. P22-00505 will comply with all applicable site design and façade design development standards of the CG (Commercial - General) zone district.
Finding d: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.
Finding (d) can be made for the following reasons:
Aside from the related Plan Amendment and Rezone Application No. P 22-00507, the proposed project does not require a Tentative Map, Conditional Use Permit, Variance or other planning or zoning approval. Development Permit Application No. P22-00505 is consistent with the proposed Plan Amendment and Rezone Application No. P22-00507 in that the land use and zoning change approval will allow for the development of a Medical Facility. All special conditions required for the proposed project have been incorporated into the Conditions of Approval which shall be met prior to issuance of building permits/occupancy. Furthe rmore, the applicant is required to submit corrected exhibits, inclusive of all conditions of approval which will ensure that all requirements are met.
Finding e. 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.
Finding (e) can be made for the following reasons:
The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno- Chandler Executive Airport’s (FCE) Safety Zone 7 – Precision Approach Zone and is not located within a Noise Contour.
Listed uses prohibited in Traffic Pattern Zone include hazards to flight. Furthermore, the following Development conditions do not apply; No object shall have a height that would penetrate the airspace protection surface of the airport. Any object that penetrates one of these surfaces is, by FAA definition, considered an obstruction. A proposed object having a height that exceeds the airport’s airspace protection surface shall be allowed only if, upon conclusion of the FA A’s 7460 review process, the FAA determines that the object would not be a hazard to air navigation.
The Airport Land Use Commission reviewed the project as submitted at their December 5, 2022, regular meeting and approved a Finding of Consistency with the ALUCP. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan.
HOUSING ELEMENT FINDINGS
The City Council may only approve development on a Housing Element Site at less than the established minimum residential capacity if it makes the following findings at the time of approval pursuant to California Government Code §§ 65863, et seq.:
Findings per the Housing Element (California Government Code §§ 65863, et seq.) The City Council may only approve an application that reduces the residential density for sites within the Housing Element Inventory, or allow development of any site at, a lower density if it finds that the application is consistent with the purposes of this article and with the following. a. The reduction in residential densities on sites within the Housing Element inventory included in the proposed Plan Amendment, Rezone, and Development Permit is consistent with the goals and objectives of the Fresno General Plan, and is consistent with the Housing Element; and Finding a: Given approval of Plan Amendment and Rezone Application No. P22- 00507, related Development Permit Application NO. P22- 00505, and the cond itions of approval, the proposed 11,664-square-foot, single-story medical clinic which will reduce residential densities on sites within the Housing Element inventory is consistent with the goals and objectives of the Fresno General Plan, and is consistent with the Housing Element.
b. The remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Section 65584. The capacity quantification for all income categories is as follows:
Finding b: This project (P22-00505 and P22-00507) is located across six parcels, five of which are part of the 2013- 2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of 5 above moderate units for this site.
The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,499 for a total existing capacity of 15,615 units. This project proposes 0 units of housing and will therefore lower the surplus capacity to 5,494 units. As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the re gional housing need pursuant to Section 65584, this project is consistent with the Housing Element.
Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that all of the findings above can be made.