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. P2 2-03846 and Pre-zone Application No.
P22-04069.
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 planned land use designations and open space and park system, and are revenue neutral and cover all costs for public infrastructure, 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.
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, 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. CFD No. 18 applies to projects that have a proposed single - family or multi -family development on property that has been annexed after October 20, 2022, and would only apply to the western half of th e previously approved tract map (T -5756). Furthermore, r equired 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. P22-04069 has been filed to facilitate annexation of the approximately 20.23 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. P22- 03846. The combination of these actions comprises the proposed Ashlan-Polk Nos. 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. P22-03846 will authorize the filing of an application with LAFCO to initiate proceedings for the consideration of the proposed Ashlan-Polk Nos. 3 and 4 Reorganization.
PRE-ZONE APPLICATION FINDINGS
Section 15-5812 of the Fresno Mu nicipal Code provides that the Planning Commission and City Council shall not approve an application unless the proposed Pre -zone meets the following criteria:
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: 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.
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.
B. The change is consistent with the purpose of the Development Code to promote 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 project site is located within an area which has primarily developed various rural residential properties and single -family residential neighborhoods. The subject property is a logical location for further residential expansion, as the subject site is served with public facilities and services needed to provide for increased housing opportunities, and is currently planned for single -family residential u ses in the Fresno General Plan.
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: 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% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expe cted population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years for prices and rents to decline. Approval of Annexation Application No. P22 -03846 and Pre -zone Application No.
P22-04069 would help contribute to fulfilling the housing needs of the region and increase the inventory of land within the RS-5 zone district to meet market demand.