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Planning Commission

Regular Meeting

Fresno, CA · May 18, 2022

AgendaMinutes

Minutes

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, May 18, 2022 6:00 PM Regular Meeting In person / Electronic City Hall Council Chambers Planning Commission Chairperson – Peter Vang Vice Chair – Brad Hardie Commissioner – David Criner Commissioner – Haley M Wagner Commissioner – Monica Diaz Commissioner – Vacant Commissioner – Vacant Planning Commission Meeting Minutes - Final May 18, 2022 PUBLIC ADVISORY THE CITY COUNCIL CHAMBERS AND CITY HALL WILL BE OPEN TO THE PUBLIC AT LIMITED CAPACITY THE PLANNING COMMISSION WELCOMES YOU TO COUNCIL CHAMBERS, LOCATED AT CITY HALL, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. The meeting can also be viewed live at 6:00 P.M. on Comcast Channel 96 and AT&T channel 99. Members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing. Masks will be required for the vaccinated and unvaccinated. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Commission meeting, please contact the City Clerk’s Office, 559-621-7650 within 48 hours of the meeting. PUBLIC COMMENT: The following options are available for members of the public who want to address Planning Commission: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be closed at the start of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. a) If you would like to speak on an agenda item, you can access the meeting remotely from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://zoom.us/j/98135780878 City of Fresno ***Subject to Mayoral Veto Page 2 Planning Commission Meeting Minutes - Final May 18, 2022 b) Those addressing Commission must state their name for the record. OR 3. Join by phone: 1-669-900-9128 Webinar ID: 981 3578 0878 a) Those addressing the Commission must state their name and address for the record. 4. Email to: PublicCommentsPlanning@fresno.gov a) Attendees may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. Include your name, and address for the record, at the top of the body of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to the Planning Commission prior and during the meeting and will be a part of the official record. d) Notwithstanding subsection c) above, unless otherwise required by law to be accepted by the City at or prior to a Commission meeting or hearing, no documents shall be accepted for Commission review unless they are submitted to the Planning and Development Department at least 24 hours prior to the commencement of the Commission meeting at which the associated agenda item is to be heard. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission meeting, please contact the Planning Division, 559-621-8277 within 48 hours of the meeting. The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID-19 virus. City of Fresno ***Subject to Mayoral Veto Page 3 Planning Commission Meeting Minutes - Final May 18, 2022 I. ROLL CALL STAFF: Clark,Tackett, Richardson, Holt, S. Martinez, Monroe, Aponte, St. Clair, Siegrist, Kachadourian, Salazar, Trejo (Planning and Development) Gonzales (City Attorney's Office) Benelli (Public Works) K. Gray (Public Utilities). Present 5 - Chair Peter Vang, Vice Chair Brad Hardie, Commissioner David Criner , Commissioner Haley M. Wagner, and Commissioner Monica Diaz II. PLEDGE OF ALLEGIANCE III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ Chair Vang outlined the meeting procedures for the benefit of the public. IV. AGENDA APPROVAL Commissioner Hardie announced a conflict and recused himself from item VII-A (ID 22-812) concerning Conditional Use Permit P21-06304 and related Environmental Assessment. On motion of Commissioner Criner , seconded by Commissioner Diaz,the above AGENDA was APPROVED. The motion carried by the following vote: Aye: 5 - Chair Vang, Vice Chair Hardie, Commissioner Criner , Commissioner Wagner, and Commissioner Diaz V. CONSENT CALENDAR On motion of Commissioner Wagner, seconded by Commissioner Criner, that the above be APPROVED. The motion carried by the following vote: Aye: 5 - Chair Vang, Vice Chair Hardie, Commissioner Criner , Commissioner Wagner, and Commissioner Diaz V-A ID 22-722 May 4, 2022 Planning Commission Regular Meeting Minutes V-B ID 22-800 Consideration of Vesting Tentative Tract Map No. 6379; and related Environmental Assessment No. T-6379 for ±36.87 acres of property located on the northwest corner of East Florence and South Peach Avenues (Council District 5). City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final May 18, 2022 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6379 dated April 8, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. APPROVE Vesting Tentative Tract Map No. 6379, proposing to subdivide ±36.87 acres of the subject property into a 200-lot single-family residential development subject to compliance with the Conditions of Approval dated May 18, 2022. VI. REPORTS BY COMMISSIONERS N/A VII. CONTINUED MATTERS VII-A ID 22-812 Consideration of an appeal filed regarding Conditional Use Permit Application No. P21-06304 and related Environmental Assessment, for property located at 640 R Street; located on the easterly corner of the intersection Mono Street and R Street abutting State Route 41. (Council District 3) Based upon the evaluation contained in this report and appeal received from the appellant, staff recommends that the Planning Commission take the following actions: 1. CONSIDER Environmental Assessment No. P21-06304 dated February 24, 2021, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Section 15303/Class 3 and Section 15332/Class 32 Categorical Exemptions. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Conditional Use Permit Application No. P21-06304 authorizing the construction of an 80-foot mono-pine telecommunications tower and facility with associated ground equipment to operate a wireless telecommunications facility. Commissioner Hardie recused himself from the above item and was not present for the course of the discussion. Planner Steven Martinez presented the item. City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final May 18, 2022 On behalf of the applicant Tricia Knight and Peter Ferreri (SAC Wireless), Paul Albritton (Mackenzie & Albritton LLP), and Walt Kohls (design engineer at Verizon) made a presentation addressing appellant issues, location choice and design. Sean Boyd,(appellant) who resides at Huntington Park Condo Village spoke to why he disapproved and offered an alternative plan. He also read a letter on behalf of Rene and Joseph Johnson who were also in opposition of the item. Larry Taylor provided a drone video of the proposed area and expressed opposition. Jeri Starkweather addressed the letter to the Commission citing Downtown policies that oppose the proposed design and qualifications. Marcia Vanderpool expressed safety concerns. In rebuttal, applicant team addressed obstacles in frequency, capacity, and design, as well as benefits of proposed location. Commissioner Diaz asked about the length of property lease and Albritton responded. Albritton answered Commissioner questions about flexibility and design. Chair Vang stated proposal falls within guidelines and recommended denying the appeal, allowing the application to move forward per staff's recommendation. On motion of Chairperson Vang, seconded by Commissioner Wagner, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 4 - Chair Vang, Commissioner Criner , Commissioner Wagner, and Commissioner Diaz Recused: 1 - Vice Chair Hardie VII-B ID 22-710 Consideration of Rezone Application No. P22-00451, pertaining to ±5.57 City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final May 18, 2022 acres of property located on the southwest corner of West Bullard Avenue and North Del Mar Avenue (Council District 4). 1. RECOMMEND ADOPTION (to the City Council) of Environmental Assessment No. P22-00451, dated May 18, 2022, a determination that the proposed project is in compliance with Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the California Environmental Quality Act; and, 2. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P22-00451, requesting authorization to rezone the subject property from the PI/Cz (Public and Institutional/conditions of zoning) zone district to the PI (Public and Institutional) zone district in order to remove the condition of zoning tied to the ±5.57 acres of property located at 255 West Bullard Avenue. Planner Aubrie Richardson presented the item. Chair Vang asked when inquiries were made. Diaz inquired about zoning of the item. Brady McGinnis, attorney for the property owner, spoke on the item. Jodi Austin also commented and stated she supported the item. The safety of the neighborhood and increase in traffic were concerns of (11) members of the public who were present in chambers and spoke in opposition of the item. Planning manager Will Tackett answered questions raised by commenters. Commissioner Hardie made a motion to approve and stated the notices were sent out within the mile radius and there will be enough time to discuss with the council. There was no second to the motion. Chair Vang made a new motion to continue this matter to June 1, 2022. Commissioner Criner seconded that motion. On motion of Chairperson Vang, seconded by Commissioner Criner , that the above Action Item be CONTINUED to June 1, 2022. The motion City of Fresno ***Subject to Mayoral Veto Page 7 Planning Commission Meeting Minutes - Final May 18, 2022 carried by the following vote: Aye: 4 - Chair Vang, Commissioner Criner , Commissioner Wagner, and Commissioner Diaz No: 1 - Vice Chair Hardie VIII. NEW MATTERS VIII-A ID 22-806 Consideration of Plan Amendment and Rezone Application No. P20-04209, Development Permit Application No. P20-04211, and related Environmental Assessment No. P20-04209/P20-04211 pertaining to ±18.9 acres of property located on the southeast corner of South West and West Church Avenues (Council District 3). 1. RECOMMEND ADOPTION (to the City Council) of the Negative Declaration as prepared for Environmental Assessment No. P20 -04211/P20-04209, dated March 4, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. P20-04209, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±18.9 acres) to Employment - Light Industrial (±18.9 acres); and 3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P20-04209, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) (±18.9 acres) zone district to the IL (Light Industrial/Urban Growth Management) (±18.9 acres) zone district in accordance with the Plan Amendment Application; and 4. RECOMMEND APPROVAL (to the City Council) of Development Permit Application No. P20-04211, requesting authorization to construct a ±477,470 square-foot two (2) story food production, warehousing, and distribution facility. Planner Phillip Siegrist presented the item. Applicant Armen Devejian gave a brief introduction about the proposed City of Fresno ***Subject to Mayoral Veto Page 8 Planning Commission Meeting Minutes - Final May 18, 2022 facility. Devejian, Matt Arndt (Traffic consultant), and Bonique Emerson (Environmental consultant) were present and available for questions. Commissioners asked questions regarding the proposed consolidation, number of employees, proximity to Darling, and relocation of housing to Southwest Fresno. Applicant also addressed Commissioner Criner's question regarding whether there would be trucks leaking. Chair Vang opened to the public. John Kinsey (attorney for Elm Avenue landowners) spoke in favor of the item. Michael Lozeau spoke about environmental concerns. Lisa Flores spoke about traffic, removing housing,and who would pay for the new traffic lights. Kiel Lopez Schmidt spoke about the Southwest Specific Plan, outreach and pollutants. Armen Devejian's rebuttal addressed pollutants, traffic, plan for electric vehicles, and clarified no park within vicinity, but reported a ponding basin. Emerson spoke about the environmental assessment they prepared for Busseto Foods. On motion of Commissioner Wagner, seconded by Chairperson Vang, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 5 - Chair Vang, Vice Chair Hardie, Commissioner Criner , Commissioner Wagner, and Commissioner Diaz IX. REPORT BY SECRETARY N/A XI. UNSCHEDULED ORAL COMMUNICATIONS Kiel Lopez Schmidt commented on Producer's Dairy environmental study. He felt the city was ignoring it and was concerned about the impact on the city. City of Fresno ***Subject to Mayoral Veto Page 9 Planning Commission Meeting Minutes - Final May 18, 2022 XII. ADJOURNMENT Meeting adjourned at 8:50 p.m.. City of Fresno ***Subject to Mayoral Veto Page 10

Agenda

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Agenda - Final Wednesday, May 18, 2022 6:00 PM Regular Meeting In person / Electronic City Hall Council Chambers Planning Commission Chairperson – Peter Vang Vice Chair – Brad Hardie Commissioner – David Criner Commissioner – Haley M Wagner Commissioner – Monica Diaz Commissioner – Vacant Commissioner – Vacant Planning Commission Meeting Agenda - Final May 18, 2022 PUBLIC ADVISORY THE CITY COUNCIL CHAMBERS AND CITY HALL WILL BE OPEN TO THE PUBLIC AT LIMITED CAPACITY THE PLANNING COMMISSION WELCOMES YOU TO COUNCIL CHAMBERS, LOCATED AT CITY HALL, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. The meeting can also be viewed live at 6:00 P.M. on Comcast Channel 96 and AT&T channel 99. Members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing. Masks will be required for the vaccinated and unvaccinated. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Commission meeting, please contact the City Clerk’s Office, 559-621-7650 within 48 hours of the meeting. PUBLIC COMMENT: The following options are available for members of the public who want to address Planning Commission: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be closed at the start of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. a) If you would like to speak on an agenda item, you can access the meeting remotely from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://zoom.us/j/98135780878 b) Those addressing Commission must state their name for the record. City of Fresno Page 2 Planning Commission Meeting Agenda - Final May 18, 2022 OR 3. Join by phone: 1-669-900-9128 Webinar ID: 981 3578 0878 a) Those addressing the Commission must state their name and address for the record. 4. Email to: PublicCommentsPlanning@fresno.gov a) Attendees may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. Include your name, and address for the record, at the top of the body of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to the Planning Commission prior and during the meeting and will be a part of the official record. d) Notwithstanding subsection c) above, unless otherwise required by law to be accepted by the City at or prior to a Commission meeting or hearing, no documents shall be accepted for Commission review unless they are submitted to the Planning and Development Department at least 24 hours prior to the commencement of the Commission meeting at which the associated agenda item is to be heard. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission meeting, please contact the Planning Division, 559-621-8277 within 48 hours of the meeting. The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID-19 virus. City of Fresno Page 3 Planning Commission Meeting Agenda - Final May 18, 2022 I. ROLL CALL II. PLEDGE OF ALLEGIANCE III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ For each matter considered by the Commission, there will first be a staff presentation, followed by a presentation from the project applicant. Testimony from supporters of the project will then be taken, followed by testimony from those in opposition. The applicant will have the right to a final rebuttal presentation prior to closing the public hearing. In accordance with section 13 of Article 2 of the Planning Commission Rules and Regulations governing length of public debate, all public testimony from those in support and in opposition of the project will be limited to three minutes per person. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light will be turned on when the speaker begins. The yellow light will come on with a soft bell ring when one minute is remaining. The speaker should be completing the testimony by the time the red light comes on with a final bell indicating time has expired. All public testimony must be presented to the Commission at the podium. Any testimony that references race, religion, ethnicity, economic status, national origin, or any other classification protected under state or federal law in a derogatory manner shall be deemed irrelevant and will not be considered by the Commission in making its land use determinations. If you challenge these land use matters in court, you may be limited to raising only those issues you or someone else raised in oral or written testimony or before the close of the hearing. IV. AGENDA APPROVAL V. CONSENT CALENDAR V-A ID 22-722 May 4, 2022 Planning Commission Regular Meeting Minutes Sponsors: Planning and Development Department City of Fresno Page 4 Planning Commission Meeting Agenda - Final May 18, 2022 V-B ID 22-800 Consideration of Vesting Tentative Tract Map No. 6379; and related Environmental Assessment No. T-6379 for ±36.87 acres of property located on the northwest corner of East Florence and South Peach Avenues (Council District 5). 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6379 dated April 8, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. APPROVE Vesting Tentative Tract Map No. 6379, proposing to subdivide ±36.87 acres of the subject property into a 200-lot single-family residential development subject to compliance with the Conditions of Approval dated May 18, 2022. Sponsors: Planning and Development Department VI. REPORTS BY COMMISSIONERS VII. CONTINUED MATTERS City of Fresno Page 5 Planning Commission Meeting Agenda - Final May 18, 2022 VII-A ID 22-812 Consideration of an appeal filed regarding Conditional Use Permit Application No. P21-06304 and related Environmental Assessment, for property located at 640 R Street; located on the easterly corner of the intersection Mono Street and R Street abutting State Route 41. (Council District 3) Based upon the evaluation contained in this report and appeal received from the appellant, staff recommends that the Planning Commission take the following actions: 1. CONSIDER Environmental Assessment No. P21-06304 dated February 24, 2021, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Section 15303/Class 3 and Section 15332/Class 32 Categorical Exemptions. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Conditional Use Permit Application No. P21-06304 authorizing the construction of an 80-foot mono-pine telecommunications tower and facility with associated ground equipment to operate a wireless telecommunications facility. Sponsors: Planning and Development Department City of Fresno Page 6 Planning Commission Meeting Agenda - Final May 18, 2022 VII-B ID 22-710 Consideration of Rezone Application No. P22-00451, pertaining to ±5.57 acres of property located on the southwest corner of West Bullard Avenue and North Del Mar Avenue (Council District 4). 1. RECOMMEND ADOPTION (to the City Council) of Environmental Assessment No. P22-00451, dated May 18, 2022, a determination that the proposed project is in compliance with Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the California Environmental Quality Act; and, 2. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P22-00451, requesting authorization to rezone the subject property from the PI/Cz (Public and Institutional/conditions of zoning) zone district to the PI (Public and Institutional) zone district in order to remove the condition of zoning tied to the ±5.57 acres of property located at 255 West Bullard Avenue. Sponsors: Planning and Development Department VIII. NEW MATTERS City of Fresno Page 7 Planning Commission Meeting Agenda - Final May 18, 2022 VIII-A ID 22-806 Consideration of Plan Amendment and Rezone Application No. P20-04209, Development Permit Application No. P20-04211, and related Environmental Assessment No. P20-04209/P20-04211 pertaining to ±18.9 acres of property located on the southeast corner of South West and West Church Avenues (Council District 3). 1. RECOMMEND ADOPTION (to the City Council) of the Negative Declaration as prepared for Environmental Assessment No. P20-04211/P20-04209, dated March 4, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. P20-04209, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±18.9 acres) to Employment - Light Industrial (±18.9 acres); and 3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P20-04209, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) (±18.9 acres) zone district to the IL (Light Industrial/Urban Growth Management) (±18.9 acres) zone district in accordance with the Plan Amendment Application; and 4. RECOMMEND APPROVAL (to the City Council) of Development Permit Application No. P20-04211, requesting authorization to construct a ±477,470 square-foot two (2) story food production, warehousing, and distribution facility. Sponsors: Planning and Development Department IX. REPORT BY SECRETARY City of Fresno Page 8 Planning Commission Meeting Agenda - Final May 18, 2022 X. SCHEDULED ORAL COMMUNICATIONS XI. UNSCHEDULED ORAL COMMUNICATIONS You may address the Planning Commission at the conclusion of the Commission meeting regarding matters of public interest that are not listed on the agenda and that are within the Commission's jurisdiction. Please be present at the conclusion of the meeting if you wish to be heard. Anyone wishing to be placed on the Planning Commission Agenda should contact the Planning and Development Department (telephone: 559-621-8277) at least 10 days before the desired appearance date. XII. ADJOURNMENT UPCOMING MATTERS (dates subject to change) City of Fresno Page 9

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