Planning Commission

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, June 1, 2022 6:00 PM Regular Meeting In Person and/or Electronic City Hall Council Chambers Planning Commission Chairperson – Peter Vang Vice Chair – Brad Hardie Commissioner – David Criner Commissioner – Haley M Wagner Commissioner – Kathy Bray Commissioner – Monica Diaz Commissioner – Robert Fuentes Planning Commission Meeting Minutes - Final June 1, 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 June 1, 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 June 1, 2022 I. ROLL CALL STAFF: Clark, Tackett, Richardson, Holt, Monroe, Trejo, Perez (Planning and Development) Gonzales (City Attorney's Office) Benelli (Public Works) K. Gray (Public Utilities). Present 6 - Chair Peter Vang, Vice Chair Brad Hardie, Commissioner Haley M. Wagner, Commissioner Kathy Bray, Commissioner Monica Diaz, and Commissioner Robert A. Fuentes Absent 1 - Commissioner David Criner 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 Planning Manager, Will Tackett, requested ID 22-895 be continued to 6/15/22. He stated staff will be sending out new notices and additional information. On motion of Chairperson Vang, seconded by Commissioner Wagner,the above AGENDA was APPROVED. The motion carried by the following vote: Aye: 6 - Chair Vang, Vice Chair Hardie, Commissioner Wagner, Commissioner Bray, Commissioner Diaz, and Commissioner Fuentes Absent: 1 - Commissioner Criner V. CONSENT CALENDAR On motion of Commissioner Wagner, seconded by Commissioner Diaz,the CONSENT CALENDAR was APPROVED. The motion carried by the following vote: Aye: 6 - Chair Vang, Vice Chair Hardie, Commissioner Wagner, Commissioner Bray, Commissioner Diaz, and Commissioner Fuentes Absent: 1 - Commissioner Criner V-A ID 22-896 May 18, 2022 Planning Commission Regular Meeting Minutes City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final June 1, 2022 V-B ID 22-871 Consideration of Vesting Tentative Tract Map No. 6269/UGM and related Environmental Assessment No. T-6269, for property located on the southwest corner of North Alicante Drive and North Willow Avenue (Council District 6). 1. ADOPT Environmental Assessment No. T-6269, dated May 11, 2022, an Addendum to the Final Subsequent Environmental Impact Report State Clearinghouse No. 2000021003 (“SEIR”) for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. APPROVE Vesting Tentative Tract Map No. 6269/UGM proposing to subdivide the approximately 35.55-acres of property into a 272-lot single-family residential development subject to compliance with the Conditions of Approval dated June 1, 2022, and the related environmental assessment. VI. REPORTS BY COMMISSIONERS N/A VII. CONTINUED MATTERS VII-A ID 22-895 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) - Planning & Development Department. 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/cz ( Public and Institutional/conditions of zoning) zone district in order to modify the conditions of zoning tied to the subject property as identified in the staff report to the Planning Commission. Item was continued to the next meeting, on June 15, 2022. VIII. NEW MATTERS City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final June 1, 2022 VIII-A ID 22-884 Workshop on the Cleaner and Greener Neighborhood Industry Overlay District Director Clark presented the Workshop. VIII-B ID 22-911 Consideration of Resolution to initiate a text amendment to Article 16 of Chapter 15 of the Fresno Municipal Code adding the Cleaner and Greener Neighborhood Industry Overlay District (Citywide). 1. RECOMMEND CONSIDERATION to adopt a resolution to initiate a text amendment to Article 16 of Chapter 15 of the Fresno Municipal Code adding the Cleaner and Greener Neighborhood Industry Overlay District to Article 16 of Chapter 15 of the Fresno Municipal Code. Public comment: (3) members of the public spoke in favor about improvements such as further restrictions on rezoning; (9) members of the public spoke in opposition voicing concerns about diverting from Southwest Specific Plan and how it will negatively impact the community; and (1) person spoke unsure of whether he was for or against and voiced arguments on both sides. Commissioner Fuentes clarified the limits of the proposed item on the agenda and the intension of its introduction. Chair Vang emphasized the partnership between the commission, community, and City. He requested that the public participate in the many planned City events for further discussion as the plan is formed. Director Clark addressed public input requests, explained things would be taken on a case-by-case basis, and acknowledged the interest in working with a version of the former Southwest Specific Implementation Plan committee to strengthen the intended use of the text amendment. On motion of Commissioner Bray, seconded by Commissioner Diaz, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Chair Vang, Vice Chair Hardie, Commissioner Wagner, Commissioner Bray, Commissioner Diaz, and Commissioner Fuentes City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final June 1, 2022 Absent: 1 - Commissioner Criner VIII-C ID 22-872 Consideration of Plan Amendment Application No. P20-01665, Rezone Application No. P20-01665 and the related Environmental Assessment No. P20-01665 pertaining to ±92.53 acres of property bounded by East Vine Avenue to the north, State Route 41 to the east, South Elm Avenue to the west and East Chester/East Samson Avenue (alignment) to the south (Council District 3). Based upon the evaluation and options presented within this report, as well as public testimony and appeals received, staff requests the Planning Commission consider the following actions for recommendations to the Fresno City Council: 1. RECOMMEND CONSIDERATION (to the City Council) of the Addendum to Final Program EIR (SCH No. 2017031012) for the Southwest Fresno Specific Plan, dated January 12, 2021, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164. 2. RECOMMEND CONSIDERATION (to the City Council) of Plan Amendment Application No. P20-01665 proposing to amend the Fresno General Plan and the Southwest Fresno Specific Plan to change the planned land use designation for the subject properties from Neighborhood Mixed Use to Light Industrial Employment and to amend Southwest Fresno Specific Plan Policy LU-8.1. 3. RECOMMEND CONSIDERATION (to the City Council) of Rezone Application No. P20-01665 proposing to rezone the subject properties from the NMX (Neighborhood Mixed-Use) zone district to the IL (Light Industrial) zone district. Planner Rob Holt presented the item. Commissioner Fuentes clarified that this was the same application that came before the Commission in the previous year. He talked about light industrial restrictions and that the property would be subject to SB330. On behalf of the Applicant, John Kinsley and 4 additional people spoke and made presentations of why they were in support of rezoning. During Kinsley’s PowerPoint, Commissioner Bray realized a conflict of interest and announced her recusal, leaving the room. City of Fresno ***Subject to Mayoral Veto Page 7 Planning Commission Meeting Minutes - Final June 1, 2022 At 8:09 p.m. Chair Vang announced the Commission would take a 10 minute break, returning at 8:19 p.m. for public comment. Public comment: (1) spoke in favor, (16) opposed-speaking of environmental and health risks of the community in Southwest Fresno and their interest in continuing the Southwest Specific Plan’s intentions of removing future Industrial zoning in their neighborhood. Applicant’s Rebuttal: Kinsley addressed the difference between light industrial and traditional industrial zoning and referenced the recent success of Bussetto Foods rezoning. No questions from Commission for applicant. Commissioner Fuentes, recommended denial based on the many organizations opposition, SB330, residents' concerns, etc. Chair Vang voiced his sympathy for Southwest Fresno and found that the relocation of housing in Fresno’s current housing crisis would be difficult, and for these reasons Chair Vang motioned for a denial of all (3) of Staff’s recommendations, seconded by Fuentes. Motion failed due to lack of votes. On motion of Chairperson Vang, seconded by Commissioner Fuentes, that the above Action Item be RECOMMENDED FOR DENIAL. The motion FAILED by the following vote: Aye: 2 - Chair Vang, and Commissioner Fuentes No: 3 - Vice Chair Hardie, Commissioner Wagner, and Commissioner Diaz Absent: 1 - Commissioner Criner Recused: 1 - Commissioner Bray Wagner made a motion that all 3 of Staff’s recommendations be approved and recommended to go to City Council for approval with no conditions. On motion of Commissioner Wagner, seconded by Commissioner Diaz, that the above Action Item be RECOMMENDED FOR APPROVAL. The motion PASSED by the following vote: Aye: 3 - Vice Chair Hardie, Commissioner Wagner, and Commissioner Diaz No: 2 - Chair Vang, and Commissioner Fuentes City of Fresno ***Subject to Mayoral Veto Page 8 Planning Commission Meeting Minutes - Final June 1, 2022 Absent: 1 - Commissioner Criner Recused: 1 - Commissioner Bray VIII-D ID 22-901 CONTINUED TO JUNE 15, 2022 Consideration of Text Amendment Application No. P21-05809 and related Environmental Finding for Environmental Assessment No. P21-05809, amending Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. 1. RECOMMEND CONSIDERATION (to the City Council) of Environmental Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. RECOMMEND CONSIDERATION (to the City Council) of Text Amendment Application No. P21-05809, to amend Section 15- 2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. IX. REPORT BY SECRETARY No reports from Secretary. Senior Deputy City Attorney Gonzales, announced that Commissioner Bray left during the break because she recused herself and there were no additional action items on the agenda. Gonzales welcomed the return of Kathy Bray and Robert Fuentes and stated that while she was no longer assigned to Planning Commission, she would be available if anyone needs assistance. X. SCHEDULED ORAL COMMUNICATIONS XI. UNSCHEDULED ORAL COMMUNICATIONS XII. ADJOURNMENT Meeting adjourned at 9:24 p.m.. City of Fresno ***Subject to Mayoral Veto Page 9