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Exhibit F – Fresno Municipal Code Findings

Fresno City Council
March 27, 2025

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Exhibit F – Fresno Municipal Code Findings
Meeting
March 27, 2025
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Fresno City Council
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Exhibit F

FRESNO MUNICIPAL CODE FINDINGS

TENTATIVE TRACT MAP FINDINGS

Section 15- 3309 of the Fresno Municipal Code provides that the Review Authority (Planning Commission) for a tentative tract map may approve or conditionally approve a tentative tract map if it makes all of the following findings:

Findings per Fresno Municipal Code Section 15-3309
A. Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable operative plan, adopted policies or guidelines, and the Municipal Code; and,
Finding A: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:

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.

Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types.

Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.

Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit
a large range of income levels, and further affordable housing opportunities throughout the city.

Policy UF -14-b promotes connection throughout neighborhoods with adjacent roadways and pathways of existing development.

Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.

Policy LU-5-b promotes medium low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential areas.

The proposed project provides for a medium low density subdivision with a varied lot width standard providing diversity from the standard development type in the nearby and adjacent area. Additionally, there is proposed connectivity to both existing single- family residential development to the east, via East Pine Avenue, and future single- family residential uses to the north, via a street stub.

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.

B. Passive and Natural Heating and Cooling. The proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision; and, Finding B: The proposed subdivision has been designed with approximately 77 percent of the lots are oriented with north-south facing exposures and takes advantage of passive heating and cooling opportunities to the extent feasible by the subdivision design.

C. Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with the Subdivision Map Act (Section 66473.7) ; and,
Finding C: The project consists of a 26- lot residential subdivision, therefore, a water supply assessment is not required because the number of dwelling units will be fewer than 500. Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities comment s dated October 28, 2024.

D. Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision; and, Finding D: The project was reviewed by appropriate partner agencies including City of Fresno Department of Public Utilities (DPU) and Fresno Metropolitan Flood Control District (FMFCD) and it was determined from the DPU memorandum dated October 28, 2024 and FMFCD memorandum dated October 31
, 2024 that there is sufficient
infrastructure capacity for water, runoff, st orm water, wastewater, and solid waste systems to serve the proposed subdivision, subject to compliance with the conditions of approval.

E. Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City of Fresno Floodplain Management Ordinance and the State of California Code of Regulations Title 23, as well as any other applicable State or federal laws.

Finding E: The proposed project site is not located wi thin a designated floodplain or floodway , as confirmed by the FMFCD memorandum dated October 31, 2024.

MINOR DEVIATION FINDINGS
A Minor Deviation shall only be approved if all of the following findings are made:

Findings per Fresno Municipal Code Section 15-5607.B
A. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance; and, Finding A: Based on the existing subject property’s width (physical characteristic of the property), the deviation to reduce the minimum lot width and size for lots 14 through 26 of Vesting Tentative Tract Map No. 6397 dated November 8, 2024 is necessary because Public Works standards for public street width results in the subdivision of lots that do not comply with the minimum RS-4 zone district development standards.

B. There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public; and,
Finding B: There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. The
proposed use is consistent with the
surrounding uses, which is vastly comprised of single- family residential uses developed at similar densities.

C. The granting of the requested deviation will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code; and,
Finding C: The requirements within the Fire Department memorandum dated October 10, 2024 and the Department of Public Utilities memorandum dated October 28, 2024 ensure adequate services are provided and there will be no negative impacts or a reduction of public services which would result in a detriment to public health, safety or welfare.

D. If the deviation requested is to accommodate religious uses protected by RLUIPA, the decision- maker must also find that the denial of the requested deviation would impose a substantial burden on religious exercise.

Finding D: The deviation does not request any religious accommodations.

Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that all the findings above can be made.

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