Agenda packet, regular meeting — Madera City Council, April 20, 2022 (part 2 of 2)

Specific Plan Area: The Specific Plan Area (SP) may be applied to areas where a Specific Plan has been adopted by the City. A Specific Plan is a detailed plan for the development of a particular area and may contain residential, commercial, industrial, public, and/or open space uses.

Detailed land use regula~ions are contained within each adopted Specific Plan document.

CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009 -
ATTACHMENT 9: Rezone Ordinance
An Ordinance of the City Council of the City of Madera amending the official City of Madera Zoning Map to rezone approximately 1,883 acres within the Villages at Almond Grove Specific Plan, whose location is bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east, from Agricultural Rural Exclusive – 40 acres (ARE-40) and Agricultural Rural Exclusive – 42 acres (ARE-20), as well as PD 4500 (Planned Development, one unit per 4,500 square feet of site area) to the Specific Plan (SP) zone district.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 1,883 ACRES WITHIN THE VILLAGES AT ALMOND

GROVE SPECIFIC PLAN, WHOSE LOCATION IS BOUNDED BY AVENUE 17 ON THE NORTH, ROAD 22 ON THE WEST, THE FRESNO RIVER ON THE SOUTH, AND ROAD 23 AND ROAD 24 ON THE EAST, FROM
AGRICULTURAL RURAL EXCLUSIVE - 40 ACRES (ARE-40) AND
AGRICULTURAL RURAL EXCLUSIVE - 20 ACRES (ARE20), AS WELL AS PD 4500 (PLANNED DEVELOPMENT, ONE UNIT PER 4,500 SQUARE FEET OF SITE AREA), TO THE SPECIFIC PLAN (SP) ZONE DISTRICT.

THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. At its meeting on April 20, 2022, the City Council approved General Plan Amendment 2017-02 (General Plan Amendment), and also approved Specific Plan No. 2017-01 known as the “The Villages at Almond Grove Specific Plan” (Specific Plan) located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. As part of that meeting, the City Council also certified an Environmental Impact Report (SCH #2018081051) (EIR) and adopted a mitigation monitoring and reporting program (MMRP) for the project. The Planning Commission of the City of Madera previously held a hearing on April 5, 2022 and recommended approval of, among others, the General Plan Amendment and Specific Plan. Additionally, the Planning Commission recommended approval of Pre-Zoning/Rezoning 2017-05 (Prezone/Rezone) to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20) and rezone the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the Specific Plan (SP) Zone District.

The City Council desires to approve the Prezone/Rezone.

SECTION 2. Based on the testimony and information presented at its public hearing, the City Council finds that Pre-Zone/Rezone No. 2017-05 i) is consistent with the Specific Plan and General Plan goals, objectives, and policies, and will provide the required consistency between the General Plan, as amended, and zoning; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) is necessary to promote public necessity, convenience, general welfare, and good zoning practices; iv) the project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements; v) City services are either available or can be extended to serve the area; and vi) adoption is in the best interests of the City. The Plan area is currently zoned by Madera County Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20). The entire plan area would be pre-zoned by the City of Madera consistent with City zoning as identified in the Specific Plan. Such determinations are based on the administrative record including the following:
a. General Plan and Specific Plan Consistency. The Prezone/Rezone is consistent with the goals, policies, and objectives, including the General Plan Housing Element and EIR Table

4.11.A: General Plan Policies Related to Land Use and Planning. The Prezone/Rezone will allow for implementation of the Specific Plan, as is consistent with the General Plan land use designation of "Specific Plan Area," which allows the Plan to develop land use standards and regulations tailored to the Plan Area. This change will assist the implementation of the goals, objectives, and policies of the General Plan regarding provision of housing and promote future residential growth.

The Prezone/Rezone is a necessary step to ensuring viable development that would also assist in the implementation of the Housing Element goals and policies in providing opportunity site for necessary housing. For example, the project addresses the City's current and projected housing needs through the provision of approximately 10,783 additional residential dwelling units in close proximity to mixed uses, commercial uses, and village centers. This is a substantial residential component and would provide a significant portion of the housing stock anticipated by the General Plan Housing Element, etc., for the City of Madera for years to come. Further, the project provides a range of single and multi-family homes, including village country estates (54 units), village low density (4,784 units), village medium density (3,579 units), village high density (2,366 units), and the opportunity for mixed use residential in conjunction with commercial and office uses, etc. More than half of the residential units (5,945 total units) are planned for medium or high density, which promotes affordability for those with lower or fixed income needs. As such, the project would address the City's current and projected housing needs for all segments of the community by providing a range of single and multifamily homes.

Further, the mixed-use nature of the Specific Plan as implemented by the Prezone/Rezone encourages diversification and development of the City’s economic base. The Specific Plan provides substantial diversification in terms of residential verses commercial uses.

Additionally, within the commercial uses there is a broad diversification that provide various types of sales taxes (restaurants, entertainment, automobile sales, etc.) in conjunction with higher tax rates associated with high-quality retail. The project will provide significant benefits to the City and community in terms of creating both short and long-term employment opportunities for the residents of the City including construction work and long-term jobs including in the commercial and entertainment industries, which are reasonably expected to result in more personal income associated with higher-quality retail, and which income will likely to be spent locally, resulting in additional tax revenues and economic development. This is consistent with General Plan Goal SUS-1 (establish and maintain a diverse and sustainable local economy), as well as Policy SUS-11 (abundant commercial opportunities and development of a strong local workforce), Policy SUS-13:
(support operation of local businesses that supply goods and services needed in City); and Policy SUS-15 (promote, attract, and retain jobs that pay a living wage and reduce the need for residents to commute to work outside the City.) The employment opportunities are designed to also encourage the use of ridesharing (consisted with General Plan Policy CI-37), facilitate employment opportunities that minimize the need for vehicle trips (General Plan Policy CI-42) and promote jobs that reduce the need for residents to commute to work outside the City (General Plan Policy SUS-15).

The implementation of the Specific Plan through this rezone also complies with General Plan Policy LU-14, in that the project has prepared a Public Facilities Financing Plan (PFFP) that articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden. General Plan Policy CD-20 calls for the comprehensive planning of Villages that is consistent with overall City standards, which has been met here. Finally, the Prezone/Rezone is consistent with the Specific Plan specific policies including those related to conformity with Building Blocks principles; agricultural buffers; the provision of a Village core area providing for an integrated mix of uses, including park and open space uses, along the Fresno river; development designed to take advantage of river frontage, alighnment of arterials, and compliance with the Airports Land Use Master Plan.
b. The Prezone/Rezone will promote and protect the public’s health, safety, peace, comfort, convenience and general welfare. As discussed above, the Prezone/Rezone implements the Specific Plan, which is consistent with the General Plan. All aspects of these documents, including the Specific Plan's Public Facilities Financing Plan (PFFP), work together to promote the public welfare including housing, jobs, convenience of access, aesthetic values, protection of environmental values, protection of public and private improvements, etc.
c. City Services. As extensively discussed in the EIR, City services are available or can be extended to serve the area. Additionally, the City has approved the PFFP, which i) articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden; and ii) analyzes backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of the General Plan.

SECTION 3. Given that all of the findings can be made, the City Council approves PreZone/Rezone No. 2017-05, to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20) and rezones the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the Specific Plan (SP) Zone District.

The City Council hereby amends the City of Madera Zoning Map as illustrated in Attachment “A,” which is attached and incorporated by reference and which indicates the segment of the City of Madera Zoning Map to be amended. To the extent not already annexed, territory annexed to the City subject to Pre-Zone/Rezone No. 2017-05 shall be automatically added to the City of Madera’s official zone map. Pre-zoning shall be recorded on the official zone map in the same manner as change of zoning district amendments, but shall be identified by the use of parentheses enclosing the district symbols. Such pre-zoning classification shall become the effective zoning of the property at the same time that the annexation becomes effective.

SECTION 4. Based on the testimony and information presented at its public hearing, the City Council finds that the City previously prepared and certified the EIR for The Villages at Almond Grove Specific Plan. The EIR identified that implementation of the proposed project would require certain approvals, including approval of pre-annexation zoning and rezoning. This pre-annexation zoning and rezoning was included within the scope of the project, and was environmentally assessed in the EIR. The pre-annexation zoning and rezoning does not change the environmental assessment of the EIR. Further, the EIR was certified on April 12, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Pre-Zoning/ Rezoning 2017-05 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 6. Unless the adoption of this amendment to the Zoning Map is lawfully stayed, thirty-one (31) days after adoption of this amendment, the Planning Manager and City Clerk shall cause these revisions to be made to the City of Madera Zoning Map which shall also indicate the date of adoption of this revision and be signed by the Planning Manager and City Clerk.

SECTION 7. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
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ATTACHMENT “A”
Prior Zoning
-------------------

0.12!5 0 .2!5 0.5 0.7!5
~•:~ Almond Grove Specf1c Plan (Project Area) c:::J City limits City Zoning (Current)
c=J Planned Development (12000)
c=J Planned Dev elopment (6000)
c=J Planned Development (8000)
~ Planned Dev elopment (4500)
D Industrial
- Resource Conservation and Open Space
County Zoning
- Agricultural, Rural, Executive (40 acre)
- Agricultural, Rural, Executive (20 acre)
- Public Open Space
New Zoning

0.125
--------------------- ~---~ Almond Grove Specf1c Plan (Project Area) i_,,_J City Limits
..
.. .. -- 0 25 ,!II o.s
-----------------I
City Zoning (Proposed)
- Specific Plan
City Zoning (Current)
D Planned Development (12000)
D Planned Development (6000)
D Planned Development (8000)
L7 Planned Development (4500)
~ Industrial
- Resource Conservation and Open Space
County Zoning
- Agricultural, Rural, Executive (40 acre)
- Agricultural, Rural, Executive (20 acre)
- Public Open Space
!
i PO (4500) I. '··~
····----·-

0.75 -----=~-~• --• --------• • • • • • • ---- Mile.

ATTACHMENT 10: Text Amendment Ordinance
An Ordinance of the City Council of the City of Madera amending Section 10-3.301 of Chapter 3 of Title 10 of the City Municipal Code, and adding Sections 10-3.11.601 through Section 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the City Municipal Code to provide for Specific Plan Zones (SP). 01236.0505/783318.1
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SECTION 10-3.301 OF CHAPTER 3 OF TITLE 10 OF THE CITY MUNICIPAL CODE, AND ADDING SECTIONS 10-3.11.601 THROUGH SECTION 10-3.11.604 OF SUBCHAPTER 11 OF CHAPTER 3 OF TITLE 10

OF THE CITY MUNICIPAL CODE TO PROVIDE FOR SPECIFIC PLAN

ZONES (SP)
THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. The City Council finds that Ordinance/Madera Municipal Code Amendment No.

OTA 2022-01 is consistent with the General Plan as amended, and that amendment is warranted by public necessity, convenience, general welfare, and good zoning practices. The City Council approves Ordinance/Madera Municipal Code Amendment No. OTA 2022-01 as set forth below.

SECTION 2. Section 10-3.301 of the Madera Municipal Code is amended to read in its entirety as follows:
§ 10-3.301 ESTABLISHMENT.
(A) In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, and to regulate the area of yards and other open spaces about buildings, and to promote the public health, safety, peace, comfort and general welfare, 13 classes of land use zones are established to be known as follows:
(1) PD. Planned Development Zones
(2) R. Residential Zones
(3) RCO. Resource Conservation and Open Space Zone
(4) PF. Public Facilities Zone
(5) PO. Public Office Zone
(6) C-1. Light Commercial Zone
(7) C-2. Heavy Commercial Zone
(8) C-R. Restricted Commercial Zone
(9) WY. West Yosemite Avenue Overlay Zone
(10) I. Industrial Zone
(11) UR. Urban Reserve Zone
(12) U. Unclassified Zone
(13) IP. Industrial Park Zone
(14) N-C. Neighborhood Commercial Zones
(15) H-C. Highway Commercial Zones
(16) SP. Specific Plan Zone
(B) An "S" subdesignation may be added to a zone classification applied to a parcel or parcels of land when deemed appropriate by the City Council, upon recommendation of the Planning Commission, for the purpose of setting forth special provisions for the use of such land on an interim or transitional basis. Such use may be one that would otherwise not be permitted by the regular zoning classification. The "S" subdesignation shall be established by ordinance, after due public hearing processes, and the ordinance shall set forth the circumstances of the subdesignation, including but not limited to the purpose and time period for the special provisions. Upon the termination of the specified time period the special provisions shall automatically become null and void and the subdesignation shall be duly deleted from the zoning map of the city without further hearing.

SECTION 3. Sections 10-3.11.601 through Sections 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the Madera Municipal Code is added to read in its entirety as follows:

Specific Plan Zones (SP)
§ 10-3.11.601 PURPOSE AND APPLICATION
(A) The purpose of the SP Zone is to accomplish the following:
(1) To provide a framework for how to analyze project level development standards and permitted uses in the SP zone district; and
(2) To provide a framework and requirements for approving specific plans proposed in the City by establishing a development review framework for comprehensibly planned communities pursuant to Government Code Section 65450 to 65457 for the preparation of specific plans.
§ 10-3.11.602 APPLICABILITY
(A) For properties already zoned SP, the allowed uses, allowed density, and required property development standards shall be as outlined in the applicable specific plan. Where the regulations of a specific plan are silent or not specifically referenced, the comparable regulations of these zoning regulations and all adopted ordinances, regulations, standards, and guidelines of the city shall apply, subject to the Planning Director’s discretion, unless otherwise declared by the Planning Commission.
(B) For properties proposed to be rezoned to the SP Zone, a specific plan meeting the requirements outlined below is required and must be submitted concurrently with the rezone request. The SP Zone, including all standards and processes, is available to all new development proposals within the city, except those areas within the city limits already regulated by an existing adopted specific plan and approved prior to the adoption of this ordinance. Those areas shall be exempt from this chapter, and all activities within such areas shall be subject to the existing standards and procedures of the applicable specific plan.
(C) All new SP Zones must encompass an area of no less than five (5) acres of contiguous property.
§ 10-3.11.603 SPECIFIC PLAN REQUIRED ELEMENTS
(A) A specific plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the proposed SP Zone District. All specific plans prepared and adopted under subchapter 11.601 et seq. shall be consistent with the requirements of Government Code Section 65450 as amended, and shall include, at a minimum, the following:
(1) Purpose. State the relationship to the goals and policies of the General Plan. (2) Setting. State the existing and regional setting to establish the conditions and reasons for the project.
(3) Proposed Land Uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the specific plan shall be designed and developed in a manner consistent with the General Plan and Section 10-3.11.604 below. (4) Development Standards. Establish all regulating policies and include all of the following for all building types:
(a) Building height, setbacks, massing, and design standards. (b) Lot area, width, depth, and structural limitations. (c) Maximum number of dwelling units and the maximum residential density (of the Specific Plan Area and any individual site or portion). (d) Usable open space provisions and requirements within the development. (e) Off-street parking and loading facilities.
(f) Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, etc.), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the zone boundaries shall provide for the mutual protection of the zone and the surrounding property. (g) Signage requirements shall be addressed, either through chapter 6 of title 10 (Sign Regulations) or by a unique sign program codified in the specific plan. (h) All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process on-site shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination. (5) Site Planning. Establish a comprehensive map of all major streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan.
(a) Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site.
(b) Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture. (6) Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed. (a) Include written analysis detailing plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties.
(b) Dedicate all public right-of-ways and public park spaces. within or abutting the development to applicable City specifications.
(c) Private streets and alleys shall be designed to public street standards (where applicable), or propose modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility. (d) Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of specific plan consideration by the city.
(7) Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.
(8) Phasing. Specific plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through separate entitlement processes. § 10-3.11.604 ALLOWED LAND USES
(A) All use of lands within the SP Zones shall be compatible with the purpose and intent of these zoning regulations.
(B) All use of lands within the SP Zones shall be consistent or made consistent with the General Plan Land Use Map, which may include varying densities of residential, commercial, and/or industrial development.
(C) A new specific plan shall be processed using the same procedure as a General Plan amendment as well as a change of zone boundaries per Section 10-3.1501 et seq.

SECTION 4. SEVERANCE. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. CEQA. Based on the testimony and information presented at its public hearing on April 20, 2022, the City Council finds that the City previously prepared and certified an Environmental Impact Report (SCH #2018081051) (EIR) for The Villages at Almond Grove Specific Plan (Specific Plan). The EIR identified that implementation of the proposed project would require certain approvals, including amendment of the Municipal Code to implement the Specific Plan Zones. This amendment was included within the scope of the project, and was environmentally assessed in the EIR. The amendment of the Municipal Code does not change the environmental assessment of the EIR. Further, the EIR was certified on April 20, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Zoning Ordinance/Madera Municipal Code Amendment No. OTA 2022-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

SECTION 6. PUBLICATION. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
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ATTACHMENT 11: Specific Plan Ordinance
An Ordinance of the City Council of the City of Madera adopting the proposed Villages at Almond Grove Specific Plan (Specific Plan No. 2017-01).

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

THE PROPOSED THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN (SPECIFIC PLAN NO. 2017-01)
THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. At its meeting on April 20, 2022, the City Council approved General Plan Amendment 2017-02 (General Plan Amendment), and also introduced this ordinance regarding Specific Plan No. 2017-01 known as the “The Villages at Almond Grove Specific Plan” (Specific Plan) located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. As part of that meeting, the City Council also certified an Environmental Impact Report (SCH #2018081051) (EIR) and adopted a mitigation monitoring and reporting program (MMRP) for the project. The Planning Commission of the City of Madera previously held a hearing on April 5, 2022 and recommended approval of, among others, the Specific Plan (Specific Plan No. 2017-01). The City Council desires to approve the Specific Plan No. 2017-01.

SECTION 2. The City Council finds that the City has policies encouraging preparation of specific plans or master plans in certain areas prior to the properties being developed. The City Council finds that Specific Plan No. 2017-01 is in the best interest of the City, and is not detrimental to public health, safety, or welfare. The City Council approves Specific Plan No. 2017-01 as set forth below.

SECTION 3. Based on the testimony and information presented at its public hearing, the City Council finds that Specific Plan No. 2017-01 is consistent with State and local requirements, including the following findings:
i) State Law Consistency: The Specific Plan is consistent with the requirements of Government Code section 65450 et seq., including the following:
• The Specific Plan includes the distribution, location, and extent of the uses of land, including open space, within the area covered by the Plan. • The Specific Plan includes proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the Plan.
• The Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.
• The Specific Plan includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the items listed above.
• The Specific Plan includes a statement of the relationship of the specific plan to the general plan.
ii) General Plan Consistency: The City Council finds that the Specific Plan has been prepared in conformance with the goals, policies, and objectives of the General Plan as amended.

The Specific Plan is consistent with the General Plan land use designation of “Specific Plan Area,” which allows the Plan to develop land use standards and regulations tailored to the Plan Area. The Specific Plan Area land use designation will be applied to areas where a Specific Plan is adopted by the City. This change will assist the implementation of the goals, objectives, and policies of the General Plan regarding provision of housing and promote future residential growth.

For example, the project addresses the City’s current and projected housing needs through the provision of approximately 10,783 additional residential dwelling units in close proximity to mixed uses, commercial uses, and village centers. This is a substantial residential component, and addresses a significant portion of the housing stock anticipated by the General Plan Housing Element, etc., for the City of Madera for years to come. Further, the project provides a range of single and multi-family homes, including village country estates (54 units), village low density (4,784 units), village medium density (3,579 units), village high density (2,366 units), and the opportunity for mixed use residential in conjunction with commercial and office uses, etc. More than half of the residential units (5,945 total units) are planned for medium or high density, which promotes affordability for those with lower or fixed income needs. As such, the project would address the City’s current and projected housing needs for all segments of the community by providing a range of single and multi-family homes.

As further described in Table 4.11.A of the EIR prepared for this project: General Plan Policies Related to Land Use and Planning, the Specific Plan is consistent with the General Plan as amended. For example, the Specific Plan’s Public Facilities Financing Plan (PFFP) complies with General Plan Policy LU-14 as i) it articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden; and ii) it analyzes backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of this General Plan. The Specific Plan is also consistent with other General Plan goals, policies, and objectives including Goal SUS-1, Policies SUS-11, SUS-13, and SUS 15. The Specific Plan also incorporates Village D Specific Policies that guides development in the Plan Area. These Village D policies include mixed of uses in the core area, river frontage design along the Fresno River, conformance with the Building Blocks principles, etc. These guidelines are addressed in the circulation, land use, development standards, and design guidelines of the Specific Plan. As such, the Specific Plan is consistent with the City of Madera General Plan
iii) Madera Countywide Airport Land Use Compatibility Plan: The airport land use compatability plan (ALUCP) contains individual compatibility plans for the Chowchilla Municipal Airport and the Madera Municipal Airport, the two public-use airports in Madera County. Under California Government Code Section 65302.3(a), general plans must be consistent with any airport land use plan adopted pursuant to Public Utilities Code Section 21675. The Specific Plan includes appropriate land use types and densities located within the airport zones to ensure consistency with the ALUC plan, and future development within the airport zones would be required to comply with the restrictions of the ALUC plan prior to approval both by law and per the General Plan. iv) Climate Action Plan: As further described in EIR Table 4.8.F: Project Consistency with the City of Madera Climate Action Plan, the implementation of Mitigation Measure GHG-1.1 would ensure the proposed Specific Plan incorporates design features consistent with the applicable measures as included in the City’s Climate Action Plan (CAP). With implementation of these measures, the Specific Plan is in compliance with the City’s CAP.

SECTION 4. Given that all of the findings can be made, the City Council approves Specific Plan 2017-01 (including the associated public facilities financing plan [PFFP]), as set forth in Attachment A.

The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 6. Based on the testimony and information presented at its public hearing on April 20, 2022, the City Council finds that the City previously prepared and certified an Environmental Impact Report (SCH #2018081051) (EIR) for The Villages at Almond Grove Specific Plan (Specific Plan). Further, the EIR was certified on April 20, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Specific Plan No. 2017-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

SECTION 7. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
ATTACHMENT “A”
Specific Plan (SPL 2017-01) (including associated Public Facilities Financing Plan (PFFP) (Attached as a Separate Document at:
https://www.madera.gov/home/departments/planning/#tr-current-projects-environmentalreview-2436011) ATTACHMENT 12: Annexation Resolution
A Resolution of the City Council of the City of Madera Initiating Annexation of the Villages at Almond Grove Specific Plan Area (Annexation No. 22-01).

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA INITIATIATING

ANNEXATION OF THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN AREA (ANNEXATION NO. 22-01)
WHEREAS, the City of Madera desires to initiate proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]” and WHEREAS, the specific changes of organization requested consists of annexation to the City of Madera and detachment from the County of Madera of the area known as the Villages at Almond Grove Specific Plan (“Specific Plan”); and
WHEREAS, the Specific Plan area includes three (3) active Williamson Act contracts (Parcels 033-170-001, 033-170-009, and 003-170-005) in the southwest portion of the area (all of which are not currently proposed for development);
WHEREAS, a map of the boundaries of the territory is set forth in Exhibit “A” attached hereto and by this reference incorporated herein; and
WHEREAS, the proposed annexation area is within the Sphere of Influence (SOI) and the Urban Growth Boundary of the City of Madera; and
WHEREAS, the City has an agreement with the County of Madera to comply with Revenue and Tax Code Section 99 regarding property tax revenue transfer upon annexation, which MOU includes standards of annexations; and
WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reasons for this proposed annexation is to allow for the implementation of City of Madera 2025 General Plan adopted October 7, 2009, which was a comprehensive update to the City’s then-existing General Plan, as further implemented by the Specific Plan; and WHEREAS, the Specific Plan area contains approximately 12 existing parcels containing approximately 1,883 acres within the City’s existing Urban Growth Boundary, and is bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east (see Exhibit “A”); and
WHEREAS, approval of the Specific Plan would require approval of General Plan Amendment No. 2017-02, Specific Plan No. 2017-01 (adopting the Specific Plan), Pre-Zoning/ Rezoning No. 2017-05, Zoning Ordinance/ Madera Municipal Code Text Amendment No. 22-01, and Annexation No. 22-01; and
WHEREAS, the City prepared an Environmental Impact Report (EIR) (SCH #2018081051) for the Specific Plan, and this related annexation; and WHEREAS, the Planning Commission held a public hearing on April 5, 2022, to consider a recommendation to the City Council regarding annexation of the Specific Plan area; and WHEREAS, in conjunction with the public hearing on April 5, 2022, the Planning Commission considered a recommendation of prezoning and annexation for the Specific Plan area, consistent with the Specific Plan and the General Plan, as amended; and WHEREAS, on April 20, 2022, the City Council (1) adopted the findings required by CEQA Guidelines, section 15091; (2) certified the Specific Plan Environmental Impact Report (EIR) (SCH #2018081051); (3) adopted the proposed mitigation monitoring and reporting program (“MMRP”), and (4) adopted a statement of overriding considerations, pursuant to CEQA; and WHEREAS, after due consideration of all the items before it, the Planning Commission recommended the City Council initiate the annexation of the Specific Plan area; and WHEREAS, the City Council now desires to initiate annexation by approving Annexation No. 22-01.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed project and has prepared an environmental impact report (“EIR”) (SCH #2018081051) to evaluate the environmental effects of the Project, including the proposed annexation. As such, the City Council find that the annexation and related Specific Plan and project entitlements are specifically anticipated and assessed in the EIR, are consistent with the purpose and intent of the EIR, and identified annexation as being subject to streamlining under CEQA based on consistency with those documents. The impacts associated with the annexation was previously analyzed in the EIR. Further, the City Council find that there is no substantial new evidence in the record that this project may have additional significant impacts that were not analyzed as significant adverse effects in the EIR. Additionally, there is no substantial new evidence of potentially significant off-site impacts and cumulative impacts that were not discussed in the EIR, and no potentially significant adverse effects peculiar to the Project. The /
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City Council find that there are no previously identified significant effects, which as a result of substantial new information which was not known at the time the EIR was certified, that have a more severe adverse impact than assessed in the EIR. Furthermore, none of the mitigation measures and alternatives previously determined to be infeasible are now feasible. Finally, no new mitigation measures or alternatives that would substantially reduce one or more significant effect on the environment have been identified. Based upon these findings, the City Council determine that no further environmental documentation is required for this project.

3. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the Madera General Plan, as amended by GPA No. 2017-02.

4. Recommendation for Approval. Based on the information provided above, the City Council of the City of Madera approves to initiate annexation for the entire Villages at Almond Grove Specific Plan area that is not within the City limits, by adopting a resolution of application requesting the Local Agency Formation Commission of Madera County to initiate proceedings for the change of organization of territory as described in Exhibit “A”, in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

5. Effective Date of Resolution. This Resolution shall become effective immediately. * * * * *
Exhibit A: The Villages of Almond Grove Specific Plan – Proposed Area of Annexation. /
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EXHIBIT “A”

PROPOSED AREA OF ANNEXATION
c::JA.nne:.~a.1i:Q111 Area
~ L.inks Ranch
5ourc; ; Countv of Madeira

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The proposed area of annexation consists of approximately 1,843 acres in the west of the City of Madera generally bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east.

Current Assessor Parcel Numbers:
» 0331-700-01
» 0330-700-02
» 0330-700-03
» 0330-700-04
» 0330-700-05
» 0331-700-02
» 0331-700-05
» 0331-700-09
» 0331-700-10
» 0331-700-11
» 0331-800-02
» 0331-800-03
ATTACHMENT 13:

Madera County Correspondence dated March 23, 2022,
regarding Airport Land Use Consistency Review
March 23, 2022
Via Email: [email protected]
Edward D. Dunkel, Jr.

Precision Civil Engineering, Inc
1234 0 Street
Fresno CA 93721
Re: ALUC Consistency Review of the Villages at Almond Grove Specific Plan Dear Mr. Dunkel:

This letter is issued on behalf of the Madera County Airport Land Use Commission (ALUC), in my capacity as ALUC Secretary, under the authority delegated to the ALUC Secretary by Section 2.1.1 and 2.3.3 of the ALUC Plan to make consistency determinations. We are in receipt of information regarding the Villages at Almond Grove Specific Plan which includes approximately 1,883 gross acres. The project site Is within Madera County and is located north of the Fresno River, south or Avenue 17, west of Road 24, and south and west of the Madera Municipal Airport (APN: 033-070-005, 033-070-004, 033-070-002, 033-070-003, 033- 170-001, 033-170-002, 033-170-009, 033-170-005, 033-170-010, 033-170-011 , 033-180- 002, 033-180-003).

On review of the project information provided, a full ALUC Commission Hearing Is not required based on Section 2.1.1 of the Madera Countywide Airport Land Use Compatibility Plan. The property is wtthin Compatibility Zones B2 Sideline Zone, C1 Outer Approach/Departure Zone, C2 Primary Traffic Pallern Zone, and D Other Airport Environs of the Madera Airport Area of Influence. Staff is recommending the following conditions be added to the project approvals:
• No component of operations of the facility shall create, or cause to be created, electrical interference with aircraft communications or navigation; and • No component or operations of the facility shall create, or cause to be created, any form of visual or other sensory distractions to those aircraft landing or taking off from the airport; and
• Ensure intensity criteria is met; and
• Ensure airspace obstructions do not occur, and
Ulf1ce ol Uov~lopmcnl ~CHV CH
~ • I 1 • ! I ' I< T ! I' I •• • I 1 • ' · • ! \,• , , • c • • ,1 '~ f •, ,. • Ensure compliance with all aspecis of the Madera Countywide Airport Land Use Compatibility Plan for the Madera Municipal Airport.

Please let me know if you have any queshons ot concerns.

Sincerz ,
/ 1¾_11e;L Matthew Treber
CC: Arnoldo Rodriguez, City of Madera ([email protected]) Olf1co of 0cvolopmont Sorv,ces /,r 1 , ,.- ! ! • l ~ ' - I t , • I, .,.,., , , - \ .- ~ , ', rAi ATTACHMENT 14: Planning Commission Resolutions
RESOLUTION NO. 1911

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA

RECOMMENDING THE CITY COUNCIL INITIATE ANNEXATION FOR THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN AREA (ANX 2022-01) WHEREAS, the City of Madera desires to initiate proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that "[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]" and WHEREAS, the specific changes of organization requested consists of annexation to the City of Madera and detachment from the County of Madera of the area known as the Villages at Almond Grove Specific Plan ("Specific Plan"); and
WHEREAS, the Specific Plan area includes three (3) active Williamson Act contracts (Parcels 033-170-001, 033-170-009, and 003-170-005) in the southwest portion of the area (all of which are not currently proposed for development);
WHEREAS, a map of the boundaries of the territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and
WHEREAS, the proposed annexation area is within the Sphere of Influence (SOI) and the Urban Growth Boundary of the City of Madera; and
WHEREAS, the City has an agreement with the County of Madera to comply with Revenue and Tax Code Section 99 regarding property tax revenue transfer upon annexation, which MOU includes standards of annexations; and
WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reasons for this proposed annexation is to allow for the implementation of City of Madera 2025 General Plan adopted October 7, 2009, which was a comprehensive update to the City's then-existing General Plan, as further implemented by the Specific Plan; and WHEREAS, the Specific Plan area contains approximately 12 existing parcels containing approximately 1,883 acres within the City's existing Urban Growth Boundary, and is bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east (see Exhibit "A"); and
WHEREAS, approval of the Specific Plan would require approval of General Plan Amendment 2017-02, Specific Plan 2017-01 (adopting the Specific Plan), Pre-Zoning/ Rezoning 2017-05, Zoning Ordinance/ Madera Municipal Code Text Amendment 2022-01 , and Annexation 2022-01 ; and
WHEREAS, the City prepared an Environmental Impact Report (EIR) (SCH #2018081051) for the Specific Plan, and this related annexation; and WHEREAS, the Planning Commission held a public hearing on March 29, 2022, to consider a recommendation to the City Council regarding annexation of the Specific Plan area; and
WHEREAS, in conjunction with the public hearing on April 5, 2022, the Planning Commission considered a recommendation of prezoning and annexation for the Specific Plan area, consistent with the Specific Plan and the General Plan, as amended; and WHEREAS, in the public hearing on April 5, 2022, the Planning Commission considered recommending to the City Council that they (1) adopt the findings required by CEQA Guidelines, section 15091; (2) certify the Specific Plan Environmental Impact Report (EIR) (SCH #2018081051); (3) adopt the proposed mitigation monitoring and reporting program ("MMRP"), and (4) adopt a statement of overriding considerations, pursuant to CEQA; and WHEREAS, after due consideration of all the items before it, the Planning Commission now desires to adopt this Resolution recommending to the City Council initiate the annexation of the Specific Plan area.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Madera as follows:

1. Recitals. The Planning Commission hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed project and has prepared an environmental impact report ("El R") (SCH #2018081051) to evaluate the environmental effects of the Project, including the proposed annexation. The Planning Commission has fully considered the EIR and has concurrently recommended it for certification by the City Council, which is likely to occur at a Council meeting prior to Council consideration of a resolution initiating annexation. As such, Planning Commission finds, and recommends the Council find, that the annexation and related Specific Plan and project entitlements are specifically anticipated and assessed in the EIR, are consistent with the purpose and intent of the EIR, and identified annexation as being subject to streamlining under CEQA based on consistency with those documents. The impacts associated with both the pre-zone and annexation were previously analyzed in the EIR. The Planning Commission further recommends the City Council find that there is no substantial new evidence in the record that this project may have additional significant impacts that were not analyzed as significant adverse effects in the EIR. Additionally, there is no substantial new evidence of potentially significant off-site impacts and cumulative impacts that were not discussed in the EIR, and no potentially significant adverse effects peculiar to the Project. Next, the City Council is recommended to find that there are no previously identified significant effects, which as a result of substantial new information which was not known at the time the EIR was certified, that have a more severe adverse impact than assessed in the EIR. Furthermore, none of the mitigation measures and alternatives previously determined to be infeasible are now feasible. Finally, no new mitigation measures or alternatives that would substantially reduce one or more significant effect on the environment have been identified. Based upon Commissioners Robert Gran Jr., Ramon Lopez, Ryan Cerioni, Rohi Zacharia and Bobby Sheikh
None
None
Balwinder Singh
these findings, the Planning Commission recommends the City Council determine that no further environmental documentation is required for this project.

3. General Plan Consistency. The Planning Commission finds that the annexation is consistent with the goals, objectives, and policies of the Madera General Plan, as amended by GPA 2017-02.

4. Recommendation for Approval. Based on the information provided above the Planning Commission recommends to the City Council of Madera to initiate annexation for the entire Villages at Almond Grove Specific Plan area that is not within the City limits, by adopting a resolution of application requesting the Local Agency Formation Commission of Madera County to initiate proceedings for the change of organization of territory as described in Exhibit "A", in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

5. Effective Date of Resolution. This Resolution shall become effective immediately. The Secretary of the Planning Commission shall certify to the adoption of the Resolution and shall transmit copies of the same to the City Council of the City of Madera.

Passed and adopted by the Planning Commission of the City of Madera this 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Attest:
- 2 ;> a
Gary Conte, AICP
Planning Manager
z~vw
Planning Commission Chairperson
Exhibit A: The Villages of Almond Grove Specific Plan - Proposed Area of Annexation. c:JAnnexatioo Area
~ Links Ranch
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EXHIBIT "A"

PROPOSED AREA OF ANNEXATION
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The proposed area of annexation consists of approximately 1,883 acres in the west of the City of Madera generally bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA RECOMMENDING THE CITY COUNCIL (1) ADOPT THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFY THE
ENVIRONMENTAL IMPACT REPORT (SCH #2018081051) FOR THE
PROPOSED THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN (A 1,883- ACRE AREA BOUNDED BY AVENUE 17 ON THE NORTH, ROAD 22 ON THE WEST, THE FRESNO RIVER ON THE SOUTH, AND ROAD 23 AND ROAD 24 ON THE EAST), INCLUDING GENERAL PLAN AMENDMENT (GPA 2017-02), PRE-ZONING/ REZONING (REZ 2017-05), ANNEXATION (ANX 2022-01), ZONING ORDINANCE TEXT AMENDMENT (OTA 2022-01) AS WELL AS THE TWO RELATED SUBDIVISIONS (TSM 2020-02 and 2020-03); (3) ADOPT THE

PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the project known as the "The Villages at Almond Grove Specific Plan" (Specific Plan), a specific plan, is located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. The project also includes, within the boundaries of the Specific Plan, Vesting Tentative Subdivision Map 2020-02 on approximately 645 acres and Vesting Tentative Subdivision Map 2020-03 on approximately 661 acres; and WHEREAS, the Specific Plan proposes a mix of uses consisting of low-, medium- and high-density residential uses, commercial uses, office uses, and public spaces for schools, parks and recreational areas. The project would include approximately 10,800 residential units, approximately 2.1 million square feet of commercial and office space, approximately 164 acres of parks and recreational area, and approximately 55 acres of schools and other public facilities:
and
WHEREAS, approval of the Specific Plan would require approval of General Plan Amendment 2017-02, Specific Plan 2017-01 (adopting the Specific Plan), Pre-Zoning/ Rezoning 2017-05, Annexation 2022-01, and Zoning Ordinance Text Amendment 2022-01; and WHEREAS, Precision Civil Engineering, Inc., has submitted the related Vesting Tentative Subdivision Map 2020-02 on behalf of the property owners, Links Ranch LLC and Fagundes, Fagundes, Fagundes, GP, for private development within the Southeast Neighborhood portion of the Specific Plan area that will create a 2,390-lot residential subdivision and 29 outlets, 1 O of which will be used for parks or open space, 2 for storm drain basins, 12 for future mixed-use developments, 4 for high-density residential uses, and 1 for a future school site. The site is broken up into 27 blocks and will be primarily a mix of Low-Density, Medium-Density, and High-Density residential uses: and
WHEREAS, Precision Civil Engineering, Inc., has submitted the Vesting Tentative Subdivision Map 2020-03, also on behalf of the property owners for private development within the Northwest Neighborhood portion of the Specific Plan area that will create a 2,815-lot residential subdivision and 17 outlots, 6 of which will be used for parks or open space, 6 for future business park developments, 3 for storm drain basins, 1 for future mixed- use developments, and 1 for a future school site. The site is broken up into 36 blocks and will be primarily a mix of LowDensity and Medium-Density residential uses: and WHEREAS, as a result the following entitlements are being considered for approval:

Specific Plan:
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Specific Plan (SPL 2017-01) (Adopting the Villages at Almond Grove Specific Plan) Environmental Impact Report (SCH #2018081051)
General Plan Amendment (GPA 2017-02)
Pre-Zone/Rezone (REZ 2017-05)
Annexation (ANX 2022-01)
Zoning Ordinance/ Madera Municipal Code Text Amendment (OTA 2022-01) (Southeast Neighborhood)
Vesting Tentative Subdivision Map (TSM 2020-02) (Southeast Neighborhood) Vesting Tentative Subdivision Map (TSM 2020-03) (Northwest Neighborhood) (collectively "Project"); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 ("CEQA"), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Environmental Impact Report (SCH #2018081051) (as further defined below, the "EIR") in order to evaluate the proposed Project; and WHEREAS, in compliance with CEQA Section 21080.4, a Notice of Preparation ("NOP") was prepared by the City and distributed for public comment to the State Clearinghouse, Office of Planning and Research, responsible agencies, and other interested parties for a 30-day public review and comment period commencing on August 17, 2018 (re-issued on December 3, 2019), after which a public scoping meeting was held during the NOP review period on September 12, 2018, and December 18, 2018; and,
WHEREAS, the draft EIR ("DEIR") was circulated for a 45-day public review and comment period commencing on December 23, 2021, a copy of the Draft EIR (DEIR) was circulated through the State Clearinghouse (SCH #2018081051 ), posted on the City's website, and was available at the Madera City Hall; and
WHEREAS, the public review period for the DEIR ended on February 7, 2022; and WHEREAS, a Final EIR (FEIR) was prepared on the proposed Project consistent with CEQA Guidelines Section 15088(b), which addressed comments received on the DEIR, responses to those comments, as well as any appropriate revisions and clarifications to the DEIR; and
WHEREAS, the City of Madera on March 16, 2022, published a legal notice in compliance with State law concerning Planning Commission consideration of the EIR in the Madera Tribune, a local newspaper of general circulation, which included the date and time of the Planning Commission consideration of a recommendation for the EIR. In addition, on or prior to March 18, 2022, a public hearing notice was mailed to each property owner within at least 300 feet of the Project site, as well as to all property owners within the Specific Plan area, indicating the date and time of the public hearing regarding the proposed Project (including the EIR) in accordance with State law; and
WHEREAS, on March 29, 2022, the Planning Commission conducted a duly noticed public hearing on the EIR as defined below, at which time it received input from City Staff, the City Attorney's office, and the developers; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission of the City of Madera, after which public testimony was closed; and WHEREAS, the Planning Commission has reviewed the EIR, and all associated documents prepared for the project, the staff reports pertaining to the EIR, and all of the evidence received by the Planning Commission; and
WHEREAS, Section 21000 of the Public Resources Code and Section 15000 et. seq. of Title 14 of the California Code of Regulations ("CEQA Guidelines") which govern the preparation, content, and processing of environmental impact reports, have been fully implemented in the preparation of the EIR; and
WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment caused by the Specific Plan and the associated tentative Subdivision maps; and
WHEREAS, the Planning Commission desires, in accordance with CEQA, to recommend the City Council declare that, despite the occurrence of significant environmental effects that cannot be substantially lessened or avoided through adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, technical, and other considerations for approving the project that the Council believes justify the occurrence of those impacts; and
WHEREAS, CEQA (Guidelines Section 15043) affirms the City Council's authority to approve a project even though it may cause significant effects on the environment so long as the Council makes a fully informed and publicly disclosed decision that there is no feasible way to lessen or avoid the significant effects (CEQA Guidelines Section 15091) and that there are specifically identified expected benefits from the project that outweigh the policy of reducing or avoiding significant environmental impacts of the project (CEQA Guidelines Section 15093).

WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission desires to recommend the City Council (1) adopt the findings required by CEQA Guidelines, section 15091; (2) certify the El R; (3) adopt the proposed mitigation monitoring and reporting program ("MMRP"), and (4) adopt a statement of overriding considerations, pursuant to CEQA; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Madera resolves as follows:

1. Recitals. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. EIR Contents. The EIR consists of the following:
a. The FEIR including any attached appendices;
b. The DEIR including attached appendices;
c. The Notice of Preparation and comments received in response to the Notice of Preparation.
d. The Mitigation Monitoring and Reporting Plan ("MMRP"); e. Additions and corrections to the remaining portions of the DEIR that have been made pursuant to public comments and DEIR review including all appendices attached thereto; f. Comments received on the DEIR with responses to each of the comments made; g. The Notice of Completion and Availability of the DEIR for public review; and h. Any other information added by the Lead Agency.
(All hereafter collectively referred to as the "EIR").

3. Accompanying Documents To EIR. Documents that shall accompany and be part of the EIR are:
a. Mitigation Monitoring and Reporting Program; and
b. Findings of Fact and Statement of Overriding Considerations.

4. Certification of Compliance with California Environmental Quality Act. The Planning Commission does hereby find that the EIR (Exhibit "A" to this Resolution, a copy which is on file with the City's Planning Department), the Findings of Fact and the Statement of Overriding Considerations (Exhibit "B" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "C" to this Resolution) have been prepared in accordance with requirements of the California Environmental Quality Act, and the CEQA Guidelines.

5. CEQA Findings of Fact Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations.
a. Recommendation to Adopt Findings of Fact. The Planning Commission does hereby recommend to the City Council that it approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "B" of this Resolution.
b. Recommendation to Certify Environmental Impact Report. The Planning Commission hereby recommends to the City Council that it certify that (1) the EIR has been completed in compliance with CEQA; (2) that it has reviewed and considered the information contained in the EIR prior to approving the project; and (3) that the EIR reflects the City Council's independent judgment and analysis.
c. Recommendation Regarding Feasible and Binding Effect of Mitigation Monitoring and Reporting Program. As more fully identified and set forth in EIR and in the Findings of Fact for this Project, which is Exhibit "B" to this Resolution, the Planning Commission hereby recommends to the City Council that it find that the mitigation measures described and specifically identified in the above referenced documents are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program.
d. Recommendation to Adopt Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and, certain significant or potentially significant environmental effects caused by the proposed modified Project directly, or cumulatively, will remain. The proposed Project has been carefully reviewed and the Commissioners Robert Gran Jr., Ramon Lopez, Ryan Cerioni, Rohi Zacharia and Bobby Sheikh
None
None
Balwinder Singh
policies included in the proposed Project along with the mitigation measures identified in the EIR have avoided or substantially lessen several environmental impacts, to the extent feasible. Nonetheless, the proposed Project may have certain environmental effects which cannot be avoided or substantially lessened. The City has carefully considered all of the environmental impacts that have not been mitigated to an insignificant level. Therefore, the Planning Commission hereby recommends that the City Council issue and approve a Statement of Overriding Considerations in the form set forth in Exhibit "B," which identifies the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable, either in its current form or as may be modified or amended by the City Council.
e. Recommendation to Adopt Mitigation Monitoring and Reporting Program. As required by applicable State law, the Planning Commission hereby recommends to the City Council that it adopt the Mitigation Monitoring and Reporting Program set forth in Exhibit "C" of this Resolution. The Planning Commission finds that the Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program.

6. Effective Date of Resolution. This Resolution shall become effective immediately. The Secretary of the Planning Commission shall certify to the adoption of the Resolution and shall transmit copies of the same to the City Council of the City of Madera.

Passed and adopted by the Planning Commission of the City of Madera this 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Robert Gran Jr.

Planning Commission Chair erson
Attest:
;ary 'forle. AICv-"
Planning Manager
Exhibit A:

Exhibit B:

Exhibit C:

Environmental Impact Report.

Findings of Fact and the Statement of Overriding Considerations.

Mitigation Monitoring and Reporting Program.

Exhibit "A"
Environmental Impact Report
https://www.madera.gov/home/departments/planning/#tr-current-proiectsenvironmental-review-2436011 Exhibit "B"
Findings of Fact and
Statement of Overriding Considerations
https://www.madera.gov/home/departments/planning/#tr-current-projectsenvironmental-review-2436011 Exhibit "C"
Mitigation Monitoring and Reporting Program
(Appendix 'M' in Environmental Impact Report)
https://www.madera.gov/home/departments/planning/#tr-current-projectsenvironmental-review-2436011 RESOLUTION NO. 1913

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MADERA RECOMMENDING THE CITY COUNCIL ADOPT A

RESOLUTION AMENDING THE GENERAL PLAN AND MADERA

MUNICIPAL CODE IN ORDER TO APPROVE THE PROPOSED THE
VILLAGES AT ALMOND GROVE SPECIFIC PLAN (SPL 2017-01),
INCLUDING GENERAL PLAN AMENDMENT (GPA 2017-02), PREZONING/REZONING (REZ 2017-05) ORDINANCE AND ZONING ORDINANCE TEXT AMENDMENT (OTA 2022-01)
WHEREAS, State Law requires that local agencies adopt General Plans containing specific mandatory elements; and
WHEREAS, the City of Madera has adopted a Comprehensive General Plan Update and Environmental Impact Report, and the City of Madera is currently in compliance with State mandates relative to Elements of the General Plan; and
WHEREAS, State law also provides for periodic review, updates, and amendments of its various plans; and
WHEREAS, the City has policies encouraging preparation of specific plans or master plans in certain areas prior to the properties being developed. In this case, the Specific Plan No. 2017-01 was submitted for the project area; and
WHEREAS, the project SPL 2017-01 known as the "The Villages at Almond Grove Specific Plan" (Specific Plan), a specific plan, is located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. The project also includes, within the boundaries of the Specific Plan, Vesting Tentative Subdivision Map (TSM) 2020-02 on approximately 645 acres and Vesting Tentative Subdivision Map (TSM) 2020-03 on approximately 661 acres; and
WHEREAS, the Specific Plan proposes a mix of uses consisting of low-, medium- and high-density residential uses, commercial uses, office uses, and public spaces for schools, parks and recreational areas. The project would include approximately 10,800 residential units, approximately 2.1 million square feet of commercial and office space, approximately 164 acres of parks and recreational area, and approximately 55 acres of schools and other public facilities; and
WHEREAS, because the Specific Plan area currently has a Village Reserve land use designation on the majority of the site, a General Plan amendment is needed to create a Specific Plan land use category that would be applied to the entire proposed Specific Plan Area; and WHEREAS, because the Specific Plan area, with the exception of approximately 40 acres, referred to as "Links Ranch Subdivision," is outside of City limits and currently has County agricultural zoning, a prezone/rezone is needed; and
WHEREAS, approximately 40 acres of the Specific Plan area, referred to as "Links Ranch Subdivission is currently inside the City limits, a rezone is needed; and WHEREAS, City services can be reasonably extended to the Specific Plan area; and WHEREAS, approval of SPL 2017-01 would require approval of GPA 2017-02, SPL 2017- 01 (adopting the Specific Plan), REZ 2017-05, ANX 2022-01, and OTA 2022-01, and WHEREAS, a proposal has been made requesting amendments to the Madera General Plan, as shown in the attached Exhibit A; and
WHEREAS, the requested GPA 2017-02 consists of amendments to the Madera General Plan. The amendment would modify policies in the Land Use Element related to "Village D:

Northwest Madera" to allow for consistency between the General Plan and the proposed Specific Plan. In addition, the City's General Plan would be amended to create a Specific Plan land use category that would be applied to the proposed Specific Plan Area (see Figure 3 in attached Exhibit A). Further, the General Plan would be amended to remove the requirement that residential development shall conform to the "target density" requirement for each land use category (density requirements will be governed by given density range). The General Plan Amendment would also remove the requirement for a permanent agricultural buffer on the western edge of the Specific Plan Area; and
WHEREAS, the proposed OTA 2022-01 proposes a text amendment to add a specific plan zone district (SP Zone) to the Madera Municipal Code to provide a framework for the establishment of standards and permitted uses in the zone; and WHEREAS, the proposed REZ 2017-05 proposes to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE20) and rezone the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the the Specific Plan (SP) Zone District; and
WHEREAS, the proposed General Plan Amendment, Specific Plan, Prezone/Rezone, along with the related Text Amendment, will provide the required consistency between the General Plan and Zoning Ordinance; and
WHEREAS, the proposed General Plan Amendment, Specific Plan, Prezone/Rezone, and Text Amendment are compatible with the neighborhood and not expected to be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or the City; and WHEREAS, the City of Madera, acting as the Lead Agency, prepared an Environmental Impact Report (EIR) (SCH #2018081051) for the Specific Plan, and this related General Plan Amendment, Prezone/Rezone, and Text Amendment; and the project is in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the EIR, the Specific Plan, and the related General Plan Amendment, Prezone/Rezone and Text Amendment and related entitlements were distributed for public review and comment to various local agencies and groups, and public notice of this public hearing was given by mailed and published notice, in accordance with the applicable State and Municipal Codes and standard practices; and
WHEREAS, the Planning Commission has completed its review of the Staff Report and documents submitted for the proposed project, evaluated the information contained in the negative declaration, and considered testimony received as a part of the public hearing process; and
WHEREAS, the Planning Commission now desires to recommend that the City Council adopt GPA 2017-02, SPL 2017-01, REZ 2017-05, and OTA 2022-01.

NOW THEREFORE, be it resolved by the Planning Commission of the City of Madera as follows:

1. reference.

Recitals: The above recitals are true and correct and incorporated herein by

2. CEQA: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project and has prepared an environmental impact report ("EIR") to evaluate the environmental effects of the Project. The Planning Commission has fully considered the EIR and has concurrently recommended it for certification by the City Council. The Planning Commission finds that the Project is consistent with, and has been fully assessed by the EIR, and that the general plan amendment, specific plan, prezone/rezone and zoning text amendments are specifically anticipated projects in the EIR and are consistent with the purpose and intent of the EIR.

3. General Plan Findings: The Planning Commission finds that the GPA 2017-02 is consistent with the General Plan goals, policies and objectives. The Planning Commission further recommends that the City Council find that GPA 2017-02 is consistent with the General Plan goals and policies. The project does not adversly affect the implementation of the General Plan with respect to surrounding properties. The proposed amendment essentially consists of minor updates to the General Plan to allow for a Specific Plan land use category that would be applied to the Specific Plan Area, removal of the requirement that residential development shall conform to the "target density" requirement for each land use category to allow for additional flexibility, removal of the requirement for a permanent agricultural buffer on the western edge of the Specific Plan Area. These changes will assist in the implementation of the goals, objectives, and policies of the General Plan regarding provision of housing and promote future residential growth.

Ensuring viable development would also assist with the implementation of the Housing Element goals and policies in providing opportunity sites for necessary housing, including goal H-1, as well Goal SUS-1, Policies SUS-11, SUS-13, and SUS 15 of the General Plan regarding development of commercial opportunities and businesses to sustain jobs and local economic viability. The proposed amendment would support the City's efforts to meet the Regional Housing Need Allocation (RHNA) as directed by the State of California Department of Housing and Community Development and as required by the City's Housing Element of the General Plan. All the planned uses and proposed modifications are consistent with the General Plan policies and objectives and as such the proposed amendment would continue to implement the General Plan policies.

Approval of GPA 2017-02 is in the public interest.

4. Specific Plan Findings: The Planning Commission finds, and recommends the City Council find, that SPL 2017-01 is consistent with State and local requirements, including as follows:
a. State Law Consistency: The Specific Plan is consistent with the requirements of Government Code section 65450 et seq. , including the following:
i. The Specific Plan includes the distribution, location, and extent of the uses of land, including open space, within the area covered by the Plan. ii. The Specific Plan includes proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the Plan.
iii. The Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.
iv. The Specific Plan includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the items listed above.
v. The Specific Plan includes a statement of the relationship of the specific plan to the general plan.
b. General Plan Consistency: The Planning Commission finds, and recommends the City Council find, that the Specific Plan has been prepared in conformance with the goals, policies, and objectives of the General Plan as amended. The Specific Plan is consistent with the General Plan land use designation of "Specific Plan Area," which allows the Plan to develop land use standards and regulations tailored to the Plan Area. The Specific Plan Area land use designation will be applied to areas where a Specific Plan is adopted by the City. This change will assist the implementation of the goals, objectives, and policies of the General Plan regarding provision of housing and promote future residential growth.

Ensuring viable development would also assist in the implementation of the Housing Element goals and policies in providing opportunity site for necessary housing, including goals to provide adequate sites to meet the 2013-2023 RHNA (Objective H1), assist in the development of housing to meet need of lower-income housholds (Objective H-2), and adequately remove governmental constraints to housing development (Objective H-3). For example, the project addresses the City's current and projected housing needs through the provision of approximately 10,783 additional residential dwelling units in close proximity to mixed uses, commercial uses, and village centers. This is a substantial residential component, and addresses a significant portion of the housing stock anticipated by the General Plan Housing Element, etc., for the City of Madera for years to come. Further, the project provides a range of single and multi-family homes, including village country estates (54 units), village low density {4,784 units), village medium density (3,579 units), village high density (2,366 units), and the opportunity for mixed use residential in conjunction with commercial and office uses, etc. More than half of the residential units {5,945 total units) are planned for medium or high density, which promotes affordability for those with lower or fixed income needs. As such, the project would address the City's current and projected housing needs for all segments of the community by providing a range of single and multi-family homes.

As further described in EIR Table 4.11.A: General Plan Policies Related to Land Use and Planning, the Specific Plan is consistent with the General Plan as amended. For example, the Specific Plan's Public Facilities Financing Plan (PFFP) complies with General Plan Policy LU-14 as i) it articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden; and ii) it analyzes backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of this General Plan. The Specific Plan is also consistent with other General Plan goals.policies, and objectives including Goal SUS-1, Policies SUS-11, SUS-13, and SUS 15. The Specific Plan also incorporates Village D Specific Policies that guides development in the Plan Area. These Village D policies include mixed of uses in the core area, river frontage design along the Fresno River, conformance with the Building Blocks principles, etc. These guidelines are addressed in the circulation, land use, development standards, and design guidelines of the Specific Plan. As such, the Specific Plan is consistent with the City of Madera General Plan
c. Madera Countywide Airport Land Use Compatibility Plan: The airport land use compatability plan (ALUCP) contains individual compatibility plans for the Chowchilla Municipal Airport and the Madera Municipal Airport, the two public-use airports in Madera County. Under California Government Code Section 65302.3(a), general plans must be consistent with any airport land use plan adopted pursuant to Public Utilities Code Section 21675. The Specific Plan includes appropriate land use types and densities located within the airport zones to ensure consistency with the ALUC plan, and future development within the airport zones would be required to comply with the restrictions of the ALUC plan prior to approval both by law and per the General Plan.
d. Climate Action Plan: As further described in EIR Table 4.8.F: Project Consistency with the City of Madera Climate Action Plan, the implementation of Mitigation Measure GHG-1.1 would ensure the proposed Specific Plan incorporates design features consistent with the applicable measures as included in the City's Climate Action Plan (CAP). With implementation of these measures, the Specific Plan is in compliance with the City's CAP.

5. Pre-Zone/Rezone Findings: The Planning Commission finds that REZ 2017-05 is consistent with the Specific Plan and General Plan as amended. The Planning Commission further recommends that the City Council find that REZ 2017-05 i) is consistent with the General Plan goals, objectives, and policies and will provide the required consistency between the General Plan, as amended, and zoning; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; iii) is necessary to promote public necessity, convenience, general welfare, and good zoning practices; iv) the project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements; v) City services are either available or can be extended to serve the area; and vi) adoption is in the best interests of the City. The Plan area is currently zoned by Madera County Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20). The entire plan area would be pre-zoned by the City of Madera consistent with City zoning as identified in the Specific Plan. The project is consistent with the General Plan goals, objectives, and policies, and those of the Specific Plan, including:
a. The goals, policies, and objectives as discussed above, including the General Plan Housing Element and EIR Table 4.11.A: General Plan Policies Related to Land Use and Planning.
b. Goal SUS-1 : Establish and maintain a diverse and sustainable local economy. c. Policy SUS-11: The City seeks to allow abundant commercial opportunities and the development of a strong local workforce. The City recognizes the interrelated nature of economic development among the various cultural, social, and economic segments of the community, and will work with local entrepreneurs to develop cooperative programs that increase and enhance opportunities for business growth within the City.
d. Policy SUS-13: The City shall support the location and continued operation of local businesses that supply goods and services needed in City. e. Policy SUS-15: The City shall seek to promote, attract, and retain jobs that pay a living wage and reduce the need for residents to commute to work outside the City. f. Policy LU-14: All proposals to annex property into the City limits for the purpose of new development shall prepare a Public Facilities Financing Plan (PFFP) that articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden. The PFFP shall analyze backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of this General Plan. (The Planning Process required for Village Reserve Areas in Policy LU-34 shall be sufficient to meet this requirement.) The cost of preparing the PFFP shall be shared proportionately among property owners in each Village, with the shares of any nonparticipating owner collected at the time of development and reimbursed to owner(s) who prepared the PFFP through a reimbursement agreement. g. Policy CD-20: The comprehensive planning of Villages shall include the creation of consistent design themes for each Village area that are specific to the Village but consistent with overall City standards.
h. Village D Specific Policies:
i. All future development in this Village shall conform to the Building Blocks principles as described in this General Plan.
ii. The Village core area shall provide for an integrated mix of uses, including park and open space uses, along the river.
iii. Future development along the Fresno River should be designed to take advantage of the river frontage, including orienting development to front the river where not otherwise prohibited by site conditions. iv. Village and neighborhood planning shall provide for the alignment of the designated arterial which runs through the Village east and west (Cleveland Avenue), to bend to the south to provide circulation to the proposed village core located along the Fresno River.
v. All development proposals within Village D shall comply with the provisions of the Airport Land Use Master Plan. The establishment of land use designations at the village and neighborhood levels, as well as the layouts of individual projects, shall reflect the allowable uses and densities in the Airport Land Use Master Plan.

6. Ordinance Text Amendment Findings: OTA 2022-01 proposes to amend the City's Municipal Code to include a specific plan zone district (SP Zone) to provide a framework for standards and permitted uses in the zone. The Planning Commission finds, and recommends the City Council find, that OTA 2022-01 is consistent with the General Plan as amended, and that amendment is warranted by public necessity, convenience, general welfare, and good zoning practices.

7. Public Health , Safety, and Welfare: The Planning Commission finds that approval of GPA 2017-02, SPL 2017-01, REZ 2017-05, and OTA 2022-01 are in the best interest of the City, and are not detrimental to public health, safety, or welfare, and recommends that the City Council find the same.

8. Recommendations of Approval: Given that all of the findings can be made, the Planning Commission recommends the City Council adopt GPA 2017-02, SPL 2017-01 (including the associated public facilities financing plan [PFFP]), REZ 2017-05, and OTA 2022-01, as set forth in Exhibit A, Exhibit B, Exhibit C, and Exhibit D, respectively, which amends the General Plan text, the General Plan land use designations for the project site, the Zoning for the project site, and the Madera Municipal Code.

9. Effective Date: This resolution is effective immediately. * * * * *
Commissioners Robert Gran Jr., Ryan Cerioni, Ramon Lopez, Rohi Zacharia and Bobby Sheikh
None
None
Balwinder Singh
Passed, approved and adopted by the Planning Commission of the City of Madera this 5th day of April 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Attest:
- ::;>
Gary drnie:ATcP
Planning Manager
Robert Gran, Jr.

Planning Commission Chairperson
Exhibit A: GPA 2017-02: Land Use Map and General Plan Amendments Exhibit B: SPL 2017-01 (including associated public facilities financing plan (PFFP) (attached as a separate exhibit)
Exhibit C: Draft City Council Ordinance for REZ 2017-05 (with proposed Zoned District Diagram)
Exhibit D: Draft City Council Ordinance for OTA 2022-01 o, cut
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Exhibit 'A'
GPA 2017-02: Land Use Map and General Plan Amendments
General Plan Land Use Designation - Current
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1 Almond Groye Specfic Plan (Project Area)
L:J City Limits
General Plan Land Use Designation (Current)
! Industrial
Low Density Residential
' Medium Density Residential
- High Density Residential
- Open Space
- Other Public & Semi-Public Uses
General Plan Land Use Designation - Proposed
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I. • 1 Almond Grove Specfic Plan (Project Area)
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LAND USE ELEMENT
FIGURE LU-2: LAND USE MAP
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CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009 M:i M
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LAND USE ELEMENT
Where a density range is specified for residential development, developments shall provide at least the minimum density and shall not exceed the maximum density except as provided for in any applicable density bonus prov,smn.
~osiEloAtial E1011olopFR0Rt shall coAfGFR~ to tho "Ta~ot Candy" Fo~uiramoRt fer eoeh lend 1,19e eetegory. De·~elepFAeet een~ (!foaelliAg uni1s f>t!F oere, 8S eslet1lotee t1si'rtg ttle 38ftle ffle1fletfelem· as Ele.serihed in Peliey LU !i~, ~abo't'e
~
1he Target DeRSity unless one or mom of the fel~
._ Speeifie eh11H1eterlst.ies ef tke site (fleef:liAg, tep~FRflkY, pFeteeted 1=18hitat RteBS, &ift!el't pFOMifflfly, etoe.) esnflet he e1:1ilt eA end red1::1ee Y'le ee,·elei:tfl'lent petenli!il helew 1fle T~et Dem~i~ . ._ De~•eleprneAt ot O:ie Terget DeAsit'y· would reoult iR 1,1neeeeplable im peee te R:>edweys or o1fler inff:w.:lfFl::le1ur;e oF tl=le eHeeedeRee ef eny City adopted Tl=IFC91=iold Ste1tserEfs.~
.. De-.els,meRt Yt'DS limited B'.J' e Oe11ele~en't At)reefflent, \te!lffflg Tef!IBtive Tr-ae1 Mop, er etl:ier City apj:!Fe ,ed ploA or 9!1FeCFtleflt eMist ing eefere Oa8eer 1, 2-009.

Taf§el Densil',' reqtiirernen:4!3 31=iell apply le sll leRe wtiieh was poFl ef o pereel of et lee9t teA (1 Q~ eerl'!9 iA s~ oA OF after O~o~r 1, 2QB9-:- - CITY OF MADERA GENERAL PLAN I OCTOBER 7. 2009

LAND USE ELEMENT

IMPLEMENTATION POLICIES
Policy LU-32 ► Zoning shall be consistent with General Plan land use designations. In areas where the zoning and the land use designation are not identical, Table LU-A shall be used to determine consistency for rezoning applications.

TABLE LU-A: GENERAL PLAN/ZONING CONSISTENCY
General Plan Land Use Category Consistent Zoning Districts Vef'J Low- Density Residential
Low Density Residential
Medium Density Residential
High Density Residential
Vilage Reserve
ViBage Mixed Use
Commercial
Office
Specific Plan Area
Residential categories
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RA, R-1, PD-4500, PCMiOOO, PD-8000, PD-12000
R-2, PD-4500, P0-3000
R-3, PD-2000, P0-1500
Village Categories
AILDislricts
C-R, C-N, C-1 , C-2, C-H, PO, PD Zones
Commercial categories
industrial Categories
Specific Plan Area
C-R, C-N, C-1, C-2, C-H
PO
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- CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009

LAND USE ELEMENT
submitting either type of plan must include a list of all affected owners and their property(ies) and must show how their participation was sought
• In some Village areas (as mapped and defined il this Land Use Element), the Village Reserve designation applies only to a portion of the Village. In this case, the process outlined below is required only for the Village Reserve areas, not to the entire Village. However, submitting plans that cover the entire Village is permitted.

In some Village Reserve areas, a Village Center is not required. See the detailed policies for the affected Village area (later in this Land Use Element) for further information.

In addition to the required plans, maps, reports, etc., the City may at its discretion require other items as needed to address issues in any particular Village. These may include additional environmental analysis, traffic studies, biological studies, noise studies, etc.

Action Item LU-34.1
Establish and make available procedural guidelines detailing the three step village reserve planning process.

Rgure LU..J depicts the Village and Disbict areas as defined by the City of Madera. This map shall be used to implement other policies in this General Plan 'Nhich refer to villages and village centers. Although shown as defined lines, the exact boundaries of a village may be adjusted at the City's discretion to reflect conditions on the ground, ownership bomdaries, or other conditions. Such a change shall not be considered an amerdnent to this General Plan.

Note to the Reader. The policies on the pages following Figure L~3 address individual Villages and Districts.

After the establishment of the S ecific Plan for Villa e Reserve areas, the Specific Plan Area land use may be adopted in place of the existing land use designation through a General Plan Amendment The area should be ific Plan Area" with a number or the name of the ro· ct - CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009

LAND USE ELEMENT
• In eonjtmetior, witft--vtHs~hbomoodi)lsfttli~
shell ee es~oblishea whiM efelltes o pclfflencnt egrie1,dbtrol ettffer where lfle wesler4y eage of lne ¼!Eoge ohlffS 1Ae Growth BeuRl'lai:y_ This el:i#ref sl:iell eveFege et leest 48Q' ifl aeptA, with a FAERirHuffl aepln ef ~eQ', 1n11i ftn:1st r1:1A e0Rtittue1:1s1, eleRg wester-ly cage ef 1Ae '.ltllege_ ~lo hebifflble slftlet1:1Fes ere to be loetNea wiO!in 11:lis ettier, el1Ae1:1~h pa9Si'K reereetioF1el epi:ierbtA~iC:9 ~s1:1eh es tfeils efld COfflfflURity QM demi) fl'IBY be ellewea_ .~KerfletiYe MelheEb Afld desi!JA9 to esff!elish "the e1:1ffer mey ee ,ii=e1:1oseEI, 11F1d iFleluei1tg pleeiRg 1fle bttffer on eilAer siee ef lfle Crewtfl 8e1:1F1EleF;'- Pl:iysieel meiRten8flee ef 1Ae buffer shell he p,o,..ieee eeAsisleRt wilh 4tte aeaign ena ftlnetioR ef tfle s,teee_ • The Village core area shall provide for an integrated mix of uses, including park and open space uses, along the river. • Future development along the Fresno River should be designed to take advantage of the river frontage, induding orienting development to front the river where not otherwise prohibited by site conditions_ • Village and neighborhood planning shall provide for the alignment of the designated aftefialcollector which runs through the Village east and west (Gle'velane-AYeOOe-), to bend to the south to provide circulation to the proposed village core located along the Fresno River.
• All development proposals within Village D shall comply with the provisions of the Airport Land Use Master Plan. The establishment of land use designations at the village and neighborhood levels, as well as the layouts of individual projects, shall reflect the allowable uses and densities in the Airport Land Use Master Plan.

CITY OF MADERA GENERAL PLAN! OCTOBER 7, 2009 -

LAND SE ELEME T

SPECIFIC PLAN AREA CATEGORIES ANO POLICIES
The following is the City's specific plan area land use category:

Specific Plan Area: The Specific · · to areas
where a cific. Plan has Plan is a
detailed for the develo ntain
residential, commercial, ind
Detar eel an ulations ar cific
Plan document.

CITY OF MADERA GENERAL PLAN t OCTOBER 7, 2009 -
Exhibit 'B'
Specific Plan 2017-01 (including associated Public Facilities Financing Plan (PFFP) https://www.madera.gov/home/departments/planning/#tr-current-projects-environmental-review2436011 Exhibit 'C'
Draft Ordinance for REZ 2017-05 (proposed Zoning Map)
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 1,883 ACRES WITH THE VILLAGES OF ALMOND
GROVE SPECIFIC PLAN, WHOSE LOCATION IS BOUNDED BY AVENUE 17 ON THE NORTH, ROAD 22 ON THE WEST, THE FRESNO RIVER ON THE SOUTH, AND ROAD 23 AND ROAD 24 ON THE EAST, FROM
AGRICULTURAL RURAL EXCLUSIVE - 40 ACRES (ARE-40) AND
AGRICULTURAL RURAL EXCLUSIVE - 20 ACRES (ARE20), AS WELL AS PD 4500 (PLANNED DEVELOPMENT, ONE UNIT PER 4,500 SQUARE FEET OF SITE AREA), TO THE SPECIFIC PLAN (SP) ZONE DISTRICT.

THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. At its meeting on April 12, 2022, the City Council approved General Plan Amendment 2017-02 (General Plan Amendment), and also approved Specific Plan 2017-01 known as the "The Villages at Almond Grove Specific Plan" (Specific Plan) located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. As part of that meeting, the City Council also certified an Environmental Impact Report (SCH #2018081051) (EIR) and adopted a mitigation monitoring and reporting program (MMRP) for the project. The Planning Commission of the City of Madera previously held a hearing and recommended approval of, among others, the General Plan Amendment and Specific Plan.

Additionally, the Planning Commission recommended approval of Pre-Zoning/ Rezoning 2017-05 (Prezone/Rezone) to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE20) and rezone the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the Specific Plan (SP) Zone District.

The City Council desires to approve the Prezone/Rezone.

SECTION 2. Based on the testimony and information presented at its public hearing, the City Council finds that Pre-Zone/Rezone 2017-05 i) is consistent with the Specific Plan and General Plan goals, objectives, and policies, and will provide the required consistency between the General Plan, as amended, and zoning; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; iii) is necessary to promote public necessity, convenience, general welfare, and good zoning practices; iv) the project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements; v) City services are either available or can be extended to serve the area; and vi) adoption is in the best interests of the City. The majority of the Plan area is currently zoned by Madera County Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20). Approximately 40 acres of the Plan area is currently zoned by the City of Madera as Plan Development (one unit for each 4,500 sq ft of the area (PD - 4500)). The entire plan area would be pre-zoned or rezoned by the City of Madera as applicable consistent with City zoning as identified in the Specific Plan. Such determinations are based on the administrative record including the following:
a. General Plan and Specific Plan Consistency. The Prezone/Rezone is consistent with the goals, policies, and objectives, including the General Plan Housing Element and EIR Table

Further, the mixed-use nature of the Specific Plan as implemented by the Prezone/Rezone encourages diversification and development of the City's economic base. The Specific Plan provides substantial diversification in terms of residential verses commercial uses. Additionally, within the commercial uses there is a broad diversification that provide various types of sales taxes (restaurants, entertainment, automobile sales, etc.) in conjunction with higher tax rates associated with high-quality retail. The project will provide significant benefits to the City and community in terms of creating both short and long-term employment opportunities for the residents of the City including construction work and long-term jobs including in the commercial and entertainment industries, which are reasonably expected to result in more personal income associated with higher-quality retail, and which income will likely to be spent locally, resulting in additional tax revenues and economic development. This is consistent with General Plan Goal SUS-1 (establish and maintain a diverse and sustainable local economy), as well as Policy SUS-11 (abundant commercial opportunities and development of a strong local workforce), Policy SUS-13: (support operation of local businesses that supply goods and services needed in City); and Policy SUS-15 (promote, attract, and retain jobs that pay a living wage and reduce the need for residents to commute to work outside the City.) The employment opportunities are designed to also encourage the use of ridesharing (consisted with General Plan Policy Cl37), facilitate employment opportunities that minimize the need for vehicle trips (General Plan Policy Cl-42) and promote jobs that reduce the need for residents to commute to work outside the City (General Plan Policy SUS-15).

The implementation of the Specific Plan through this rezone also complies with General Plan Policy LU-14, in that the project has prepared a Public Facilities Financing Plan (PFFP) that articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden. General Plan Policy CD-20 calls for the comprehensive planning of Villages that is consistent with overall City standards, which has been met here. Finally, the Prezone/Rezone is consistent with the Specific Plan specific policies including those related to conformity with Building Blocks principles; agricultural buffers; the provision of a Village core area providing for an integrated mix of uses, including park and open space uses, along the Fresno river; development designed to take advantage of river frontage, alighnment of arterials, and compliance with the Airports Land Use Master Plan.
b. The Prezone/Rezone will promote and protect the public's health, safety, peace, comfort, convenience and general welfare. As discussed above, the Prezone/Rezone implements the Specific Plan, which is consistent with the General Plan. All aspects of these documents, including the Specific Plan's Public Facilities Financing Plan (PFFP), work together to promote the public welfare including housing, jobs, convenience of access, aesthetic values, protection of environmental values, protection of public and private improvements, etc.
c. City Services. As extensively discussed in the EIR, City services are available or can be extended to serve the area. Additionally, the City has approved the PFFP, which i) articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden; and ii) analyzes backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of the General Plan.

SECTION 3. Given that all of the findings can be made, the City Council approves PreZone/Rezone 2017-05, to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE20) and rezone the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the Specific Plan (SP) Zone District.

The City Council hereby amends the City of Madera Zoning Map as illustrated in Attachment "A," which is attached and incorporated by reference and which indicates the segment of the City of Madera Zoning Map to be amended. To the extent not already annexed, territory annexed to the City subject to Pre-Zone/Rezone 2017-05 shall be automatically added to the City of Madera's official zone map. Pre-zoning shall be recorded on the official zone map in the same manner as change of zoning district amendments, but shall be identified by the use of parentheses enclosing the district symbols. Such pre-zoning classification shall become the effective zoning of the property at the same time that the annexation becomes effective.

SECTION 4. Based on the testimony and information presented at its public hearing, the City Council finds that the City Council previously prepared and certified the EIR for The Villages at Almond Grove Specific Plan. The EIR identified that implementation of the proposed project would require certain approvals, including approval of pre-annexation zoning and rezoning. This pre-annexation zoning and rezoning was included within the scope of the project, and was environmentally assessed in the EIR. The pre-annexation zoning and rezoning does not change the environmental assessment of the EIR. Further, the EIR was certified on April 12, 2022.

The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Pre-Zoning/ Rezoning 2017-05 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

SECTION 6. Unless the adoption of this amendment to the Zoning Map is lawfully stayed, thirty-one (31) days after adoption of this amendment, the Planning Director and City Clerk shall cause these revisions to be made to the City of Madera Zoning Map which shall also indicate the date of adoption of this revision and be signed by the Planning Director and City Clerk.

SECTION 7. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
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ATTACHMENT "A"
Change Of Zoned District Amendments For Pre-Annexation Zoning and Rezoning For The Villages At Almond Grove Specific Plan
Prior Zoned District
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;':~Almond Grove Specfic Plan (Pro.iect Area) c:::j Crty L1fJ'ls City Zoning (Current)
Planned Development (12000)
Planned Development (6000)
____ .I Planned Development (8000)
Planned Development (4500)
J lndu1lrial
- RMOUrce Conservation and Open Space
County Zoning
- Agricultural, Rural. Executive (40 acre)
- Agricultural, Rural, Executive (20 acre)
- Public Open Space
The existing zoned district consists of approximately 1,883 acres in the west of the City of Madera generally bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east.

New Zoned District
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- Current Assessor Parcel Numbers:
» 0331-700-01
» 0330-700-02
» 0330-700-03
» 0330-700-04
» 0330-700-05
» 0331-700-02
» 0331-700-05
» 0331-700-09
» 0331-700-10
» 0331-700-11
» 0331-800-02
» 0331-800-03
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i _-~Almond Grove Spec fie Plan (Projecl Area) c:::J City Un-its City Zoning (Proposed)
Specific Pian
City Zoning (Curronl)
I Pf1nnod Development (12000)
i Planned Development (6000)
=.J Planned Development (8000)
Planned Development (4500)
71ndustrial
Resource Conservation and Open Space
ounty Zoning
Agricultural. Rural. Executive (40 acre)
Agricultural, Rural, Executive (20 acre)
Public Open Space
PD (8000) ~
Exhibit 'D'
Draft Ordinance for Municipal Code Text Amendment
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SECTION 10-3.301 OF CHAPTER 3 OF TITLE 10 OF THE CITY MUNICIPAL CODE, AND ADDING SECTIONS 10-3.11.601 THROUGH SECTIONS 10-3.11.604 OF SUBCHAPTER 11 OF CHAPTER 3 OF TITLE 10

OF THE CITY MUNICIPAL CODE TO PROVIDE FOR SPECIFIC PLAN ZONES (SP)
THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. The City Council finds that Ordinance/Madera Municipal Code Amendment No.

SECTION 2. Section 10-3.301 of the Madera Municipal Code is amended to read in its entirety as follows:
§ 10-3.301 ESTABLISHMENT.
(A) In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, and to regulate the area of yards and other open spaces about buildings, and to promote the public health, safety, peace, comfort and general welfare, 16 classes of land use zones are established to be known as follows:
(1) PD. Planned Development Zones
(2) R. Residential Zones
(3) RCO. Resource Conservation and Open Space Zone
(4) PF. Public Facilities Zone
(5) PO. Public Office Zone
(6) C-1. Light Commercial Zone
(7) C-2. Heavy Commercial Zone
(8) C-R. Restricted Commercial Zone
(9) WY. West Yosemite Avenue Overlay Zone
(10) I. Industrial Zone
(11) UR. Urban Reserve Zone
(12) U. Unclassified Zone
(13) IP. Industrial Park Zone
(14) N-C. Neighborhood Commercial Zones
(15) H-C. Highway Commercial Zones
(16) SP. Specific Plan Zone
(B) An "S" subdesignation may be added to a zone classification applied to a parcel or parcels of land when deemed appropriate by the City Council, upon recommendation of the Planning Commission, for the purpose of setting forth special provisions for the use of such land on an interim or transitional basis. Such use may be one that would otherwise not be permitted by the regular zoning classification. The "S" subdesignation shall be established by ordinance, after due public hearing processes, and the ordinance shall set forth the circumstances of the subdesignation, including but not limited to the purpose and time period for the special provisions. Upon the termination of the specified time period the special provisions shall automatically become null and void and the subdesignation shall be duly deleted from the zoning map of the city without further hearing.

SECTION 3. Sections 10-3.11.601 through Sections 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the Madera Municipal Code is added to read in its entirety as follows:

Specific Plan Zones (SP)
§ 10-3.11.601 PURPOSE AND APPLICATION
(A) The purpose of the SP Zone is to accomplish the following :
(1) To provide a framework for how to analyze project level development standards and permitted uses in the SP zone district; and
(2) To provide a framework and requirements for approving specific plans proposed in the City by establishing a development review framework for comprehensibly planned communities pursuant to Government Code Section 65450 to 65457 for the preparation of specific plans.
§ 10-3.11.602 APPLICABILITY
(A) For properties already zoned SP, the allowed uses, allowed density, and required property development standards shall be as outlined in the applicable specific plan. Where the regulations of a specific plan are silent or not specifically referenced, the comparable regulations of these zoning regulations and all adopted ordinances, regulations, standards, and guidelines of the city shall apply.
(B) For properties proposed to be rezoned to the SP Zone, a specific plan meeting the requirements outlined below is required and must be submitted concurrently with the rezone request. The SP Zone, including all standards and processes, is available to all new development proposals within the city, except those areas within the city limits already regulated by an existing adopted specific plan and approved prior to the adoption of this ordinance. Those areas shall be exempt from this chapter, and all activities within such areas shall be subject to the existing standards and procedures of the applicable specific plan.
(C) All new SP Zones must encompass an area of no less than five (5) acres of contiguous property.
§ 10-3.11.603 SPECIFIC PLAN REQUIRED ELEMENTS
(A) A specific plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the proposed SP Zone District. All specific plans prepared and adopted under subchapter 11.601 et seq. shall be consistent with the requirements of Government Code Section 65450 as amended, and shall include, at a minimum, the following:
(1) Purpose. State the relationship to the goals and policies of the General Plan. (2) Setting. State the existing and regional setting to establish the conditions and reasons for the project.
(3) Proposed Land Uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the specific plan shall be designed and developed in a manner consistent with the General Plan and Section 10-3.11.604 below. (4) Development Standards. Establish all regulating policies and include all of the following for all building types:
(a) Building height, setbacks, massing, and design standards. (b) Lot area, width, depth, and structural limitations. (c) Maximum number of dwelling units and the maximum residential density (of the Specific Plan Area and any individual site or portion). (d) Usable open space provisions and requirements within the development. (e) Off-street parking and loading facilities.
(f) Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, etc.), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the zone boundaries shall provide for the mutual protection of the zone and the surrounding property. (g) Signage requirements shall be addressed, either through chapter 6 of title 10 (Sign Regulations) or by a unique sign program codified in the specific plan. (h) All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process on-site shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination. (5) Site Planning. Establish a comprehensive map of all major streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan.
(a) Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site.
(b) Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture. (6) Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed. (a) Include written analysis detailing plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties.
(b) Dedicate all public right-of-ways and public park spaces within or abutting the development to applicable City specifications.
(c) Private streets and alleys shall be designed to public street standards (where applicable), or propose modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility. (d) Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of specific plan consideration by the city.
(7) Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.
(8) Phasing. Specific plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through separate entitlement processes. § 10-3.11.604 ALLOWED LAND USES
(A) All use of lands within the SP Zones shall be compatible with the purpose and intent of these zoning regulations.
(B) All use of lands within the SP Zones shall be consistent or made consistent with the General Plan Land Use Map, which may include varying densities of residential, commercial, and/or industrial development.
(C) A new specific plan shall be processed using the same procedure as a General Plan amendment as well as a change of zone boundaries per Section 10-3.1501 et seq.

SECTION 5. ~-Based on the testimony and information presented at its public hearing on April 12, 2022, the City Council finds that the City Council previously prepared and certified an Environmental Impact Report (SCH #2018081051) (EIR) for The Villages at Almond Grove Specific Plan (Specific Plan). The EIR identified that implementation of the proposed project would require certain approvals, including amendment of the Municipal Code to implement the Specific Plan Zones. This amendment was included within the scope of the project, and was environmentally assessed in the EIR. The amendment of the Municipal Code does not change the environmental assessment of the EIR. Further, the EIR was certified on April 12, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Zoning Ordinance/Madera Municipal Code Amendment No. OTA 2022-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

SECTION 6. PUBLICATION. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
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Madera City CouncilApril 20, 2022

Madera City Council
April 20, 2022