Exhibit )
Fresno Municipal Code Findings
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Costco Commercial Center Project
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
FRESNO MUNICIPAL CODE SECTIONS 15-5306 (CONDITIONAL USE PERMIT FINDINGS), 15- 5812 (PLAN AMENDMENT AND REZONE FINDINGS), AND THE 15-5905 (PLANNED
DEVELOPMENT PERMIT FINDINGS)
CONDITIONAL USE PERMIT APPLICATION P21-01959 REVIEW FINDINGS [Warehouse, Service Station, Car Wash]
Findings per Fresno Municipal Code Section 15-5306
A.) The proposed use is allowed within the applic able zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code.
Finding A:
The project site requires a rezone from CC/EA/UGM/cz (Community Commercial/Expressway Overlay/Urban Growth Management/conditions of zoning) to CG/UGM/cz (General Commercial/Urban Growth Management/conditions of zoning). Large-format retail and fuel sales are allowed (after review and approval of a conditional use permit) within the existing CC zoning (see Section 15-1201 of the Fresno Municipal Code). The proposed rezone is necessary to permit the development of the car wash, which is not allowed under the current zoning. Development standards for the CG district are focused on ensuring that structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized.
B.) The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted.
Finding B:
The project requires a general plan amendment to change the land use designation of the project site from CC (Community Commercial) to CG (General Commercial). The General Commercial designation proposed for the site is described in Urban Form, Land Use, and Design Element of the general plan as appropriate for retail and service uses that may generate high volumes of vehicle traffic.
Pursuant to Fresno Municipal Code Table 15-1202 (Land Use Regulations – Commercial Districts), Washing and Service Stations are a conditionally permitted use in the CG zone district.
Furthermore, Large-Format Retail is a permitted use in the CG zone district and not subject to specific limitations or additional regulations for special uses pursuant to FMC Article 27. Therefore, if approved, the project will be considered consistent with the proposed planned land use and zoning classification of Commercial General.
C.) The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.
Finding C:
The appropriateness of the proposed project has been examined with respect to its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated by the accompanying environmental impact report. As co nditioned, the proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.
D.) The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.
Finding D:
As conditioned, the design, location, size, and operating characteristic of the proposed Costco
Commercial Center is compatible with the existing land uses in the area and reasonably foreseeable future land uses in the vicinity which are: Open Space – Golf Course (North); Commercial Community and Residential Urban Neighborhood (South), Residential – Medium High Density (East); and Residential – Medium Density (West).
E.) The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required.
Finding E:
As conditioned, the site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. These factors have been evaluated by the accompanying environmental impact report.
F.) The proposed use is consistent with 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.
Finding F:
The project is not located within any safety zone as described in the Fresno County Airport Land Use Compatibility Plan.
PLAN AMENDMENT REZONE APPLICATION P21-01960 REVIEW FINDINGS Findings per Fresno Municipal Code Section 15-5812
A.) The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy;
Finding A:
As conditioned, the proposed facility has been found to be consistent with the Bullard Community Plan and applicable Goals and Policies of the Fresno General Plan. The project is consistent with the following Fresno General Plan goals, objectives, and policies related to residential land use and the urban form:
Goals
x Goal 1: Increase opportunity, economic development, business, and job creation. x Goal 8: Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and a ffordability 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.
These goals contribute to 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 in accordance with Objective LU-1 of the Fresno General Plan.
Objectives
x Objective D-4 supports that the City preserve and strengthen Fresno’s overall image through design review and create a safe, walkable and attractive urban environment for the current and future generations of residents.
x 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.
Policies
x Policy UF-1-f promotes the use of Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
x Policy LU-5-g promotes new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in
scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
Much of Fresno has been built as discrete residential tracts bordered by strip retail centers, many of which are not accessible from the adjacent homes due to security walls or other barriers. By contrast, the Complete Neighborhoods concept will enable Fresn ans to live in communities with convenient services, employment, and recreation within walking distance.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self- sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.
B.) The change is consistent with the purpo se 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:
The subject property is located within an area which is attracting substantial residential and commercial development interest and meets the General Plan goals and strategies for infill development. The vicinity of the subject property is currently undergoing rapid growth with residential and commercial uses, and the subject property is a logical location for further commercial expansion, as the subject property is served with public facilit ies and services needed to provide for increased commercial opportunities.
C.) The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employme nt-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:
The project proposes to amend the Fresno General Plan and Bullard Community Plan to achieve the balance of land uses desired by the City of Fresno. This includes, but is not limited to, emphasizing land conservation and maximizing the efficient use of available underutilized property.
The project will increase employme nt opportunities and help to m eet existing and future market demand.
ALCOHOL BEVERAGE CONDITIONAL USE PERMIT APPLICATION P21-03251 REVIEW FINDINGS Findings per Fresno Municipal Code Section 15-5306
A.) The proposed use is allowed within the applic able zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code.
Finding A:
Pursuant to Section 15-1202 of the Fresno Municipal Code, Alcohol Sales are a conditionally permitted use in the CG (Commercial General) zone district subject to the approval of a Conditional Use Permit. Given the conditions of approval, the project will comply with all applicable standards and requirements of the Fresno Municipal Code including Section 15-2706 (The Responsible
Neighborhood Market Act).
B.) The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted.
Finding B:
As conditioned, the proposed facility has been found to be consistent with the Bullard Community Plan and applicable Goals and Policies of the Fresno General Plan. The project is consistent with the following Fresno General Plan goals, objectives, and policies related to residential land use and the urban form:
Goals
x Goal 1: Increase opportunity, economic development, business, and job creation. x Goal 8: Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and a ffordability 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.
These goals contribute to 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 in accordance with Objective LU-1 of the Fresno General Plan.
Objectives
x Objective D-4 supports that the City preserve and strengthen Fresno’s overall image through design review and create a safe, walkable and attractive urban environment for the current and future generations of residents.
x 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.
Policies
x Policy UF-1-f promotes the use of Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
x Policy LU-5-g promotes new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
Much of Fresno has been built as discrete residential tracts bordered by strip retail centers, many of which are not accessible from the adjacent homes due to security walls or other barriers. By contrast, the Complete Neighborhoods concept will enable Fresn ans to live in communities with convenient services, employment, and recreation within walking distance.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self- sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.
C.) The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.
Finding C:
Compliance with the draft conditions of approval dated February 21, 2024 will ensure the proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.
D.) The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.
Finding D:
As conditioned, the design, location, size, and operating characteristics of the commercial center are compatible with the existing land uses in the area and reasonably foreseeable future land uses in the vicinity which are: Open Space – Golf Course (North); Commercial Community and Residential Urban Neighborhood (South), Residential – Medium High Density (East); and Residential – Medium Density (West).
E.) The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required.
Finding E:
The type, density, and intensity of the proposal are suitable for the site. These factors have been evaluated by the accompanying environmental impact report.
F.) The proposed use is consistent with 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.
Finding F:
The project is not located within any safety zone as described in the Fresno County Airport Land Use Compatibility Plan.
PLANNED DEVELOPMENT PERMIT APPLICATION P21-03252 REVIEW FINDINGS Findings per Fresno Municipal Code Section 15-5905
A.) The proposed development is 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, any applicable operative plan , and adopted policies, includ ing the density and intensity limitations that apply;
Finding A:
As conditioned, the proposed facility has been found to be consistent with the Fresno County Airport Land Use Compatibility Plan, Bullard Community Plan and applicable Goals and Policies of the Fresno General Plan. The project is consistent with the following Fresno General Plan goals, objectives, and policies related to residential land use and the urban form:
Goals
x Goal 1: Increase opportunity, economic development, business, and job creation. x Goal 8: Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and a ffordability 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.
These goals contribute to 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 in accordance with Objective LU-1 of the
Fresno General Plan.
Objectives
x Objective D-4 supports that the City preserve and strengthen Fresno’s overall image through design review and create a safe, walkable and attractive urban environment for the current and future generations of residents.
x 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.
Policies
x Policy UF-1-f promotes the use of Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
x Policy LU-5-g promotes new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
Much of Fresno has been built as discrete residential tracts bordered by strip retail centers, many of which are not accessible from the adjacent homes due to security walls or other barriers. By contrast, the Complete Neighborhoods concept will enable Fresn ans to live in communities with convenient services, employment, and recreation within walking distance.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self- sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.
B.) The subject site is physically suitable for the type and intensity of the land use being proposed;
Finding B:
The type, density, and intensity of the proposal are suitable for the site. These factors have been evaluated by the accompanying environmental impact report.
C.) Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of PD approva l, to serve the proposed development; and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare; Finding C:
Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of approval. These factors have been evaluated by the accompanying environmental impact report and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare; D.) The proposed development will not have a s ubstantial adverse effect on surrounding land uses and will be compatible with the ex isting and planned land use character of the surrounding area; and
Finding D:
As conditioned, the design, location, size, and operating characteristics of the commercial center are compatible with the existing land uses in the area and reasonably foreseeable future land uses in the vicinity which are: Open Space – Golf Course (North); Commercial Community and Residential Urban Neighborhood (South), Residential – Medium High Density (East); and Residential – Medium Density (West).
E.) The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preser vation, and/or substant ial public benefit.
In making this determination, the following factors should be considered:
1. Appropriateness of the use(s) at the proposed location.
2.The mix of uses, housing types, and housing price levels.
3. Provision of infrastructure improvements.
4. Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code.
5. Connectivity to public trails, schools, etc.
6. Compatibility of uses within the development area.
7. Creativity in design and use of land.
8. Quality of design, and adequacy of light and air to the interior spaces of the buildings.
9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term.
Finding E:
Much of Fresno has been built as discrete residential tracts bordered by strip retail centers, many of which are not accessible from the adjacent homes due to security walls or other barriers. By contrast, the Complete Neighborhoods concept will enable Fres nans to live in communities with convenient services, employment, and recreation within walking distance.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self- sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.
The Costco Commercial Center will contribute to the establishment of this neighborhood as a Complete Neighborhood.