Exhibit D
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FRESNO MUNICIPAL CODE FINDINGS
ANNEXATION CRITERIA
Section 15-6104 of the Fresno Municipal Code (FMC) 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 because the entirety of the annexation area is made up of a public right of way, thus a Concept Plan is not required for Annexation Application No. P25-00757.
B. Plan Consistency . The proposed annexation and parcel configuration 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, 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:
Goal 13: 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.
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 in accordance with Goal 13 of the Fresno General Plan (see above).
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.
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The subject area is located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project is in Traffic Pattern Zone 6. Zone 6 requires review for structures over 100 feet tall. The project does not propose any construction of buildings , because the annexation area only includes a public right of way which is already developed. Therefore, the proposed project is compatible and in compliance with the Fresno County ALUCP.
The subject area proposed for annexation only includes public street right-of-way. The land surrounding the subject area in all directions are single-family residential properties. The proposed annexation of the public street right -of-way is intended to support the City of Fresno’s efforts to improve and maintain public street infrastructure.
Pursuant to Section 8.5 of the Memorandum of Understanding (MOU) between the County of Fresno and the City of Fresno, adopted on December 13, 2024, the subject area was identified for the City to annex, accept, and/or otherwise acquire title of the subject area within 12 months of the MOU’s execution (December 13, 2025).
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.
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.
2. Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances.
a. No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project. b. The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development.
c. The development project will pay for public facilities and infrastructure improvements in proportion to the development’s neighborhood and citywide impacts.
d. The development will fund its proportionate share of public facility infrastructure, maintenance and public service costs according to
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the City Council approved Development Impact Fee Schedule and through a uniform application of community facilities district fees.
Finding
C:
Annexation Application No. P25 -00757 proposes the annexation of existing street right -of-way with no development proposed , thus no connections to City utilities are required . Additionally, because the annexation area is an existing right of way (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; and (2) No future private development of the annexation area is proposed or likely.
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:
The proposed project is not located within a Disadvantaged Unincorporated Community, as shown in Figure LU -3: Disadvantaged Unincorporated Communities of the Fresno General Plan.
E. LAFCO Approval . The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno.
Finding
E:
The proposed Annexation Application No. P25-00757 has been filed to facilitate annexation of approximately 0.84 acres of land within the subject boundary to the City of Fresno as well as detachment from the Kings River Conservation District and the Fresno County Fire Protection District . This action comprises the proposed Clinton- Millbrook Avenues 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. P25-00757 will authorize the filing of an application with LAFCO to initi ate proceedings for the consideration of the proposed Clinton-Millbrook Avenues Reorganization.