Exhibit J
{8286/002/01652202.DOCX}Elm Avenue Rezone Operational Statement
Elm Avenue Rezone
Opera�onal Statement- A
ugust 2023
The following describes the proposed Elm Avenue Rezone project (proposed project) that includes rezoning 11 parcels. In addi�on to the descrip�on of the proposed project itself, this statement includes a summary descrip�on of the project’s loca�on and exis�ng site characteris�cs. The proposed project is located in the Plan Area of the Southwest Fresno Specific Plan (SWFSP).
In summary, the proposed project includes the following:
• Plan Amendment to rezone and change land use and zoning designa�ons of 11 parcels from Neighborhood Mixed Use (NMZ) to Industrial - Light (IL). • Exemp�on from policies LU-8.1, LU-8.2, and LU-8.3 of the SWFSP . • Addi�on of Condi�ons of Zoning restric�ng future use
Project Location
The project site is located in the City of Fresno, which occupies approximately 110 square miles in the San Joaquin Valley. Within Fresno, the Project site is located in the SWFSP Plan Area, which consists of a p p r o x i m a t e l y 3 , 2 5 5 a c r e s l o c a t e d g e n e r a l l y w e s t o f S t a t e R o u t e ( S R ) 4 1 a n d s o u t h o f S R 1 80 in the southwest area of Fresno. The Project site is bounded by South Elm Avenue to the west, Annadale Avenue to the north, SR 41 to the east, and adjacent parcels and East North Avenue to the south.
Surrounding Land Uses
Regional vehicular access to the project site is provided by SR 41, located directly adjacent to the Project site, SR 99, approximately 1 mile to the east, and SR 180, approximately 3 miles north of the project site.
Industrial and commercial uses are located to the north, west, and sou th of the project site. The surrounding land uses include light industrial to the west and north, SR 41 and industrial uses to the east, industrial use and vacant land to the south.
Site Characteristics and Current Site Conditions
The Project site consists of 11 parcels totaling approximately 55.31 acres. The Assessor’s Parcel Numbers (APNs) and approximate size of each parcel within the project site are included in Table 1. The Project site contains several exis�ng light industrial buildings totaling 896,952 square feet and is currently used as a mix of light industrial, manufacturing, warehousing, and distribu�on land uses.
Table 1: Parcels within the Project site
Assessor’s Parcel Number Site Address Acreage
328-290-25 2855 S Elm Ave Fresno, CA 93706 24.73
328-290-28 2875 S Elm Ave Fresno, CA 93706 6.36
328-290-29 2825 S Elm Ave Fresno, CA 93706 6.25
328-211-43 2909 S Elm Ave Fresno, CA 93706 2.41
328-211-44 2925 S Elm Ave Fresno, CA 93706 1.88
328-211-45 2929 S Elm Ave Fresno, CA 93706 2.84
328-211-46 2933 S Elm Ave Fresno, CA 93706 2.83
328-211-47 2949 S Elm Ave Fresno, CA 93706 1.95
{8286/002/01652202.DOCX}Elm Avenue Rezone Operational Statement Page 2 General Plan and Southwest Fresno Specific Plan
The current General Plan Planned Land Use designa�on and zoning for the Project site is Neighborhood Mixed Use (NMX).
In October 2017, the City adopted the SWFSP to implement the goals and policies set forth in the City of Fresno General Plan (Fresno General Plan) and include ideas and measures that were tailored and reviewed by members of the Southwest Fresno community. The SWFSP iden�fied a development capacity of approximately 748,820 square feet of employment land uses (which includes light industrial uses).
However, like the General Plan, the development capacity iden�fied in the SWFSP only iden�fies new development and only takes into account the development of parcels that have higher opportuni�es for development, such as parcels that are vacant, open agriculture, or rural residen�al (par�ally vacant). The SWFSP does not iden�fy the project site as an opportunity site iden�fied for development. Upon adop�on of the SWFSP the land use designa�on and zoning of the Project site was changed from Industrial – Light (IL) to Neighborhood Mixed Use (NMX).
Proposed
Project
The current uses within the Project site as d escribed above are inconsistent with the exis�ng zoning of NMX. The proposed Project consists of rezoning 11 parcels located in the SWFSP Plan Area from NMX to the prior designa�on of Industrial - Light (IL). The IL zoning district is intended to provide a diverse range of light industrial uses, including limited manufacturing and processing, research and development, fabrica�on, u�lity equipment and service yards, wholesaling, warehousing, and distribu�on ac�vi�es.
Small-scale retail and ancillary o ffice uses are also permited. Light industrial areas may serve as buffers between Heavy Industrial zoning districts and other land uses and otherwise are generally located in areas with good transporta�on access, such as
along railroads and freeways. The proposed zoning would be consistent with the exis�ng uses within the Project site.
In addi�on to the proposed zoning change, the proposed project would also include land use amendments to the SWFSP and General Plan in order for the land use designa�ons to be consistent with the proposed zoning and exemp�on amendment
from the following policies of the SWFSP:
LU-8.1 Plan and zone employment areas in Southwest Fresno for nonindustrial businesses. All previously designated Light Industrial, Heavy Industrial, Business Park, and Regional Business Park land uses should be planned and zoned Office , except for the area bounded by Vine Avenue on the north, State Route 41 on the east, Elm Avenue on the west, and Annadale East Chester/ Samson Avenue alignment on the south, in order to allow the continuation of legally established and non-polluting uses established and operating as of February 18, 2021.
L
U-8.2 Prioritize the “Reverse Triangle,” bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, as the City’s targeted area for new industrial development.
LU-8.3 When 85 percent of the “Reverse Triangle,” bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, is developed with Heavy Industrial uses designate parcels along the east side of Elm Avenue south of North Avenue for future Light Industrial uses, mixed with the Plan’s planned Office uses.
328-211-48 2947 S Elm Ave Fresno, CA 93706 2.13
328-211-49 2945 S Elm Ave Fresno, CA 93706 1.73
328-211-50 2935 S Elm Ave Fresno, CA 93706 2.2
{8286/002/01652202.DOCX}Elm Avenue Rezone Operational Statement
The proposed Project does not include any physical changes to the P roject site, including construc�on or change in the current land uses.
Senate Bill 330
Senate Bill (SB) 330 prohibits a local jurisdic�on from approving a land use change that would result in a loss of housing capacity. The Atached Memo demonstrates that the proposed land use changes under the Central Southeast Specific Plan are sufficient to provide the replacement housing units that would be lost if the Elm Avenue Proper�es’ Rezone were approved.
Draft Conditions of Zoning
In order to address concerns raised by the community about the rezone request, the property owners have agreed to adding condi�ons on the zoning that will restrict future uses. Any further development on the proper�es would be condi�oned upon the following condi�ons of zoning:
A. Notwithstanding any contrary provisions in the City Code, the following uses shall be subject to a Condi�onal Use Permit regardless of any future changes in the City Code:
1. Research and development, chemical
2. Chemical and Mineral Storage, other than incidental storage that comprises less than 5% of the premises, subject to demonstra�on to the City that the use fully complies with the California Accidental Release Preven�on (CalARP) program.
3. Any new industrial use in the IL zone district that is permited or permited condi�onally, and that would (i) result in the construc�on of a new structure of more than 1,000 square feet; (ii) result in the expansion of any exis�ng structure by more than 5% compared to the gross floor area exis�ng as of the date upon which the underlying property was rezoned to the Base District; or (iii) require permi�ng under Title V of the Clean Air Act.
B. Notwithstanding any contrary provisions in the City Code, the following land uses shall not be permited:
1. Emergency Shelter
2. Hospital
3. Parking, Public or Private
4. Adult-Oriented Business
5. Kennels
6. Large Vehicle and Equipment Sales, Services and Rental
7. Motorcycle/Riding Club
8. Airports and Heliports
9. U�li�es, Major
10. Crop Cul�va�on
11. Concrete Batch Plants
12. Shoo�ng/Archery Range
13. Swap Meet / Flea Market
14. Towing and Impound
15. Rubber products manufacturing
16. Nonmetallic mineral product manufacturing
17. Primary metal manufacturing
18. Fabricated metal product manufacturing
{8286/002/01652202.DOCX}Elm Avenue Rezone Operational Statement
19. Automo�ve and heavy equipment manufacturing
20. CRV Recycling Center
21. Recycling Processing Facility
22. Waste Transfer Facility
C. Pursuant to Sec�on 15-1302 of the City Code, the following uses are currently not permited in the IL zone district. The prohibi�on of any such land uses shall con�nue to apply even if the City adopts less restric�ve citywide use limita�ons for the IL zoning district.
1. Animal Raising
2. Dairy
3. Intensive Industrial
4. Mining and Quarrying
5. Rendering
6. Salvage and Wrecking
7. Sales Lot, Feed Lot, Stockyard
8. Slaughterhouse
D. The interior footprint of any exis�ng structure shall not be expanded by an area greater than ten percent (10%) of the exis�ng exterior footprint as depicted in the most recent site plan for any structure on file with the City as of October 13, 2022.
E. Any truck trips to or from the property shall only follow truck routes designated by the City of Fresno. All truck routes shall avoid pathways adjacent to schools or that traverse through residen�al neighborhoods.
F. All proper�es must be landscaped in accordance with Sec�on 15-2305(B)(4) of the City Ordinance.
G. No new use shall generate odors that are detectable offsite.
H. No new use shall generate noise at a level that exceeds the limita�ons provided in the Fresno Municipal Code.
I. Any new industrial use must �e-in to the City’s municipal water system. The use of groundwater from private wells is not permited.
J. All new industrial uses must acquire and maintain at all �mes (i) any permits required for any sta�onary sources, and (ii) cer�ficates from th e California Air Resources Control Board showing compliance with all applicable regula�ons governing trucks, including yard trucks, that enter onto the Project site, including but not limited to the Truck and Bus Regula�on, the Advanced Clean Trucks Regula�on, and the Advanced Clean Fleets Regula�on.
K. Any tenant improvements or other construc�on ac�vi�es performed for any new industrial use shall comply with California Green Building Standards.
L. All industrial uses shall fully comply with the Califor nia Accidental Release Preven�on (CalARP) program. No industrial use shall allow any substance regulated under the CalARP program or other hazardous substance to migrate offsite.
M. In the event that any contamina�on is discovered on the property, the landowner shall cooperate in good faith and with reasonable diligence with the inves�ga�on and remedia�on of the property by the governmental en�ty or en��es overseeing such inves�ga�on and remedia�on. Nothing herein shall be construed as limi�ng the right of any landowner to seek indemnifica�on or contribu�on from any person or en�ty.