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Exhibit O - Fresno Municipal Code Findings

Fresno City Council
March 7, 2024

Document
Exhibit O - Fresno Municipal Code Findings
Meeting
March 7, 2024
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Fresno City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit O

FRESNO MUNICIPAL CODE FINDINGS
PLAN AMENDMENT-REZONE APPLICATION NO. P19-05889
DEVELOPMENT PERMIT APPLICATION NO. P20-01559

PLAN AMENDMENT-REZONE APPLICATION FINDINGS

Section 15 -5812 of the Fresno Municipal Code provides that the Planning Commission shall not recommend and the City Council shall not approve an application unless the following findings can be made for the proposed Plan Amendment:

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; and,
Finding A: The subject property is located within the Fresno General Plan and the Roosevelt Community Plan of which both plans designate the subject property for Medium Low Density Residential (3.5 to 6 dwelling units per acre) planned land uses. The proposed plan amendment proposes to change the planned land use designation to Urban Neighborhood Residential ( 16-30 dwelling units per acre). Development Permit Application No. P20-01559 requests authorization to develop a 112-unit senior living facility.

The project is consistent with the following Fresno General Plan goals, objectives, and policies related to residential land use and the urban form:
• Provide opportunities for the development of higher -density and affordable housing in neighborhoods throughout the city.

• Preserve, protect, and enhance the character of the city's medium and high - density neighborhoods. Promote the development of walkable, transit - supported neighborhoods.

• Ensure that the scale and design of new development and alterations to existing structures are compatible with the scale, mass, and character of their neighborhoods.

• Ensure adequate light, air, privacy, and outdoor living area for each dwelling.

• Ensure the provision of services and facilities needed to accommodate planned population densities and to achieve complete neighborhoods in the city's existing and future residential areas in accordance with the General Plan.

• Provide for appropriate densities within the ranges established in the General Plan. Protect the quality of the residential environment and secure the health, safety, and general welfare of the residents.

• Implement and provide appropriate regulations for General Plan classifications of "Medium High Density Residential," "Urban Neighborhood Density Residential," and "High Density Residential."
Plan Amendment -Rezone Application No. P19 -05889 and Development Permit Application No. P20 -01559 meets the goals, policies and objectives of the Fresno General Plan. The following are excerpts of such objectives.

General Plan Goal 7 : Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the City.

General Plan Goal 8: 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.

General Plan Goal 10 : Emphasize increased land use intensity and mixed -use development at densities supportive of greater use of transit in Fresno.

Objective LU-1 - Establish 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. • Policy LU-1-a - Promote 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.

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. • Policy LU-2-a - Promote the development of vacant, underdeveloped, and re- developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.

Objective UF -1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
• Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.

• Policy UF -1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed -use areas throughout Fresno that respect and support various ethnic, cultural, and historic enclaves; provide a range of housing options, including furthering affordable housing opp ortunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.

• 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.

The proposed plan amendment meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. Approval of the plan amendment and rezone would facilitate and achieve the above -mentioned goals, objectives, and policies of the General Plan. The subject property’s current use is a single -family ranchette, and the immediate project site is in an area generally characterized by existing residential land uses. Adjacent to the south, west, and north of the Project site are single-family residences, and adjacent to the east of the Project site is Kings Canyon Middle School. Furthermore, surrounding properties are planned for Medium Low Density Residential and Medium High Density Residential uses to the north and west; Public Facility – Middle School uses to the east (across North Helm Avenue); and Medium Density Residential uses to the south. The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a residential development of high-quality design at a scale compatible with the surrounding area; therefore, the project fosters a high -quality design and would contr ibute to the surrounding properties as they are all planned and zoned Residential land uses.

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: The subject property is located within an area which is attracting substantial residential 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 uses, and the subject property is a logical location for further residential expansion, as the subject property is served with public facilities and services needed to provide for increased housing 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 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: The project proposes to amend the Fresno General Plan and Roosevelt 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 within a planned residential growth area through the proposed Development Permit application, which will increase the inventory land available for development of multi-family residential homes while providing for a variety of market -based options to suit a large range of income levels on lands situated with proximity to public facilities, schools, and employment opportunities.

California Housing Shortage
Since about 1970, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3 -4 million housing units (20- 30 percent of California’s housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of h ousing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing; and, needs to quadruple the current rate of housing production over the next 7 years in order for prices and rents to decline. Approval of the proposed project would help contribute to fulfilling the housing needs of the region.

DEVELOPMENT PERMIT FINDINGS
The Director or Planning Commission may only a pprove 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
A. The applicable standards and requirements of this Code.

Finding A: In accordance with FMC Table 15-1002 and FMC Section s 15-1003, 15-1004, and 15-1005, the proposed duplex residential subdivision consisting of 112 dwelling units for senior living and one (1) additional unit for the caretaker residen ce is a permitted use in the RM-2 (Multi-Family Residential, Urban Neighborhood) zone district, subject to approval of a Development Permit and Plan Amendment-Rezone. Given that the conditions of approval issued for the project will be complied with prior to development of the site, Development Permit Application No. P20-01559 will comply with the RM- 2 zone district development standards, and all other chapters of the Municipal Code.

B. The General Plan and any operative plan or policies the City has adopted.

Finding B: The subject property is located within the Fresno General Plan and the Roosevelt Community Plan of which both plans designate the subject property for Medium Low Density Residential ( 3.5 to 6 dwelling units per acre) planned land uses. The proposed plan amendment proposes to change the planned land use designation to Urban Neighborhood Residential ( 16-30 dwelling units per acre). Development Permit Application No. P20 -01559 requests authorization to develop a 112 -unit senior living facility.

The project is consistent with the following Fresno General Plan goals, objectives, and policies related to residential land use and the urban form:
• Provide opportunities for the development of higher -density and affordable housing in neighborhoods throughout the city.

• Preserve, protect, and enhance the character of the city's medium and high - density neighborhoods. Promote the development of walkable, transit - supported neighborhoods.

• Ensure that the scale and design of new development and alterations to existing structures are compatible with the scale, mass, and character of their neighborhoods.

• Ensure adequate light, air, privacy, and outdoor living area for each dwelling.

• Ensure the provision of services and facilities needed to accommodate planned population densities and to achieve complete neighborhoods in the city's existing and future residential areas in accordance with the General Plan.

• Provide for appropriate densities within the ranges established in the General Plan. Protect the quality of the residential environment and secure the health, safety, and general welfare of the residents.

• Implement and provide appropriate regulations for General Plan classifications of "Medium High Density Residential," "Urban Neighborhood Density Residential," and "High Density Residential."
Plan Amendment -Rezone Application No. P19 -05889 and Development Permit Application No. P20 -01559 meets the goals, policies and objectives of the Fresno General Plan. The following are excerpts of such objectives.

General Plan Goal 7 : Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the City.

General Plan Goal 8 : 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.

General Plan Goal 10 : Emphasize increased land use intensity and mixed -use development at densities supportive of greater use of transit in Fresno.

Objective LU-1 - Establish 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. • Policy LU-1-a - Promote 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.

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. • Policy LU-2-a - Promote the development of vacant, underdeveloped, and re- developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.

Objective UF -1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
• Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.

• Policy UF -1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed -use areas throughout Fresno that respect and support various ethnic, cultural, and historic enclaves; provide a range of housing options, including furthering affordable housing opp ortunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.

• 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.

The proposed plan amendment meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. Approval of the plan amendment and rezone would facilitate and achieve the above -mentioned goals, objectives, and policies of the General Plan. The subject property’s current use is a single-family ranchette, and the immediate project site is in an area generally characterized by existing residential land uses. Adjacent to the south, west, and north of the Project site are single-family residences, and adjacent to the east of the Project site is Kings Canyon Middle School. Furthermore, surrounding properties are planned for Medium Low Density Residential and Medium High Density Residential uses to the north and west; Public Facility – Middle School uses to the east (across North Helm Avenue); and Medium Density Residential uses to the south. The property is an appropriate infill site as it has existing infrastructure and is near built - out urban uses. The project also proposes a residential development of high-quality design at a scale compatible with the surrounding area; therefore, the project fosters a high-quality design and would contribute to the surrounding properties as they are all planned and zoned Residential land uses.

C. Any applicable design guidelines adopted by the City Council.

Finding C: The design of the subdivision is consistent with the provisions of the RM -2 zone district (pursuant to FMC Section s 15-1003, 15-1004, and 15 -1005) which provide additional requirements. The proposed residential development will be compatible in design and appearance with existing single-family development in the vicinity given the conditions of approval issued for the project will be complied with prior to the development of the site.

D. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.

Finding D: Development Permit Applicatio n No. P2 0-01559 is consistent with the approval of Plan Amendment and Rezone Application No. P19 -05889 in that the changed planned land use and zone district allow for the proposed project to comply with the development standards of RM -2 zone district to allow for a 112 -unit senior living facility.

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: The subject property is located within the Fresno County Airport Land Use Compatibility Plan. The Fresno County Airport Land Use Commission approve d a Finding of Consistency with the Fresno County Airport Land Use Compatibility Plan on October 4, 2021.

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.

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