City Council – June 18, 2026
TEXT AMENDMENT
P26-01326
MINISTERIAL APPROVAL FOR QUALIFYING HOUSING
DEVELOPMENTS IN COMPLIANCE WITH PROGRAM 9
OF THE 2023-2031 6TH CYCLE HOUSING ELEMENT
ID 26-561
Purpose Background
Purpose & Background
• To bring the Development Code into compliance with State law and implement Program 9 of the 2023-2031 Housing Element • Housing Element Sites Inventory
• AB 1397 (2017) requires local governments provide in their Housing Elements a credible inventory of land that can meet the RHNA • Requires inventory of land to be available and suitable for residential development and to include vacant sites that have realistic potential for redevelopment
• California Government Code Section 65583.2(c)
• Any vacant site included in the prior two Housing Elements and any non vacant sites includes in at least one prior Housing Element shall be provided by-right development when at least 20 percent of the units in the development are affordable to lower-income households Housing Element Program 9
Housing Element Program 9
• 2023-2031 Housing Element Adopted by City Council in
December 2024 and certified by HCD in January 2025
• Program 9 commits the City to amending the Development Code to permit ministerial approval of developments with at least 20 percent affordable to lower-income households on nonvacant sites identified in a prior Housing Element and vacant sites included in two or more consecutive Housing Elements, as required by California Government Code Section 65583.2(c) Text Amendment
Text Amendment
• Amends Fresno Municipal Code (FMC) Sections 15-1002, 15- 1102, 15-1502, 15-5102, and 15-6802
• Provides for ministerial approval of housing developments with at least 20 percent of units affordable to lower-income households on any nonvacant site identified in a prior housing element and a vacant site included in two or more consecutive Housing Elements
• Applies to qualifying projects in the RM-2, RM-3, CMX, RMX, CR, DTN, DTG and DTC zone districts
Discretionary vs. Ministerial Approval
Discretionary vs. Ministerial
Approval
Discretionary Approval
• Review Authority (Director, PC or CC) can apply a variety of conditions of approval to a project
• Conditions do not have to be a requirement in the Development Code • May require public hearing, depending on project
• Approvals can be appealed
Ministerial Approval
• Review Authority (Director) determines if project complies with standards in Development Code
• To qualify for ministerial approval, the project must meet ALL standards in Development Code. If not, ministerial approval cannot be granted • Ministerial approvals issued as a Zone Clearance, does not require public hearing
• Approvals can be appealed
Environmental Analysis
Environmental Analysis
• Project determined to be exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines
• Text Amendment does not propose or commit the City to a development project
District Committees
District Committees
• The Text Amendment was presented to the following
Committees:
• District 1: May 14, 2026
• District 3: April 28, 2026
• District 4: May 19, 2026
• District 6: May 13, 2026
• Tower District Specific Plan Committee: May 21, 2026
Recommendation
Recommendation
• 1. RECOMMEND ADOPTION of a finding set forth in
Environmental Assessment No. P26-01326, that Text
Amendment Application No. P26-01326 is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
• 2. APPROVE BILL (for introduction) of Text Amendment Application No. P26-01326, to amend Sections 15-1002,
15-1102, 15-1502, 15-5102 and 15-6802, relating to
compliance with the City of Fresno Housing Element.
THANK YOU!
THANK YOU!