Exhibit F
FRESNO MUNICIPAL CODE FINDINGS
ANNEXATION CRITERIA
Section 15-6104 of the Fresno Municipal Code provides that annexation shall not be approved unless the proposed annexation meets all of the following criteria:
Findings Criteria per Fresno Municipal Code Section 15-6104 A. Concept Plan. If land proposed for annexation is required to create a Concept Plan per Section 15 -6102, the Concept Plan must be created and adopted prior to annexation; and,
Finding
A:
The proposed project does not include any application for development.
Subject to FMC Section 15 -6102(B)(2).(a) (Exceptions), “ With the exception of the proposed project, there is no more undeveloped land within the Concept Plan Area with a residential land use designation. ” The proposed project includes the entirety of the annexation area and no development is proposed , thus a Concept Plan is not required for Annexation Application No. P23 -03757 and Pre -zone Application No.
P23-03758.
B. Plan Consistency . The proposed annexation and parcel configuration is consistent with the General Plan, Concept Plan, and any applicable operative plan; and,
Finding
B:
The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:
• Emphasize the City as a role model for good growth management planning, efficient processing and permit streamlining, effective urban development policies, environmental quality, and a strong economy. Work collaboratively with other jurisdictions and institutions to further these values throughout the region.
This goal contributes to the establishment of a comprehensive city -wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU- 1 of the Fresno General Plan.
Policy LU-1-e calls for adopting implementing policies and requirements that achieve annexations to the City that conform to the General Plan Land Use Designations and open space and park system, and are revenue neutral and cover all costs for public infra structure, public facilities, and public services on an ongoing basis consistent with the requirements of ED-5-b.
Policy PU-3-h calls for developing annexation strategies to include the appropriate rights -of-way and easements necessary to provide cost effective emergency services.
The proposed annexation will conform to the current planned land use designations of the Fresno General Plan and West Area Community Plan, and all appropriate rights-of-way will be incorporated to provide cost effective emergency services.
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 with any applicable land use plan, policy or regulation of the City of Fresno.
Subject to compliance with future conditions of approval for development and implementation of identified project specific mitigation, the proposed project may be found consistent with all applicable local ordinances, regulations, policies and standards.
C. Revenue Neutrality. (1) Public Services, Facilities, and Utilities. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this will occur; and, (2) Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances in any manner set forth in Section 15-6104-C-2 of the FMC; and,
Finding
C:
Future development projects will be required to pay their fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms when future development is proposed within the annexation area , including Community Facilities District (CFD) No. 18 providing for fire and police services. That said, because there is no development proposed, CFD No. 18 only applies to projects that have a proposed single -family or multi-family development on property that has been annexed after August, 2020 and would not apply to any properties within the subject annexation area upon annexation. Furthermore, required connections to City sewer and water, at such time as service is available to the applicable properties within the annexation area, will require the property owner to connect and pay all costs associated with those connections, and not requiring the City to pay for the cost of those connections.
Conditions of approval and possible mitigation measures which could be applied to future projects will assure the annexation area remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of ED -5-b. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) Future development projects will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from future development; (3) Future development projects will pay for public facilities and infrastructure improvements in proportion to all future development’s neighborhood and citywide impacts; and, (4) Future development projects will fully fund ongoing public facility and infrastructure maintenance and public service cost.
D. Disadvantaged Unincorporated Communities . The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process; and,
Finding
D:
No Disadvantaged Unincorporated Communities are identified adjacent or within the vicinity of the proposed annexation boundary.
E. LAFCO Approval . The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno.
Finding
E:
The proposed Pre -zone Application No. P23-03758 has been filed to facilitate annexation of the approximately 141 acres of land within the subject property boundary to the City of Fresno as well as detachment from the Kings River Conservation District and North Central Fire Protection District in accordance with Annexation Application No. P23- 03757. The combination of these actions comprises the proposed Ashlan-Hayes Nos. 2, 3, and 4 Reorganization and ultimately fall under the jurisdiction of the Fresno Local Area Formation Commission (LAFCO). An affirmative action by the Fresno City Council regarding Annexation Application No. P23-03757 will authorize the filing of an application with LAFCO to initiate proceedings for the consideration of the proposed Ashlan-Hayes Nos. 2, 3, and 4 Reorganization.