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Planning Commission

Regular Meeting

Fresno, CA · July 6, 2022

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Minutes

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, July 6, 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 July 6, 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 July 6, 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 July 6, 2022 I. ROLL CALL Meeting was called to order by Chair Vang at 6:00 p.m. STAFF: Clark, Richardson, Perez, Aponte, Trejo, Monroe, Tackett (Planning and Development) Badhesha (City Attorney's Office) A.Benelli (Public Works) Present 6 - Chairperson Peter Vang, Vice Chair Brad Hardie, Commissioner David Criner , Commissioner Kathy Bray, Commissioner Monica Diaz, and Commissioner Robert A. Fuentes Absent 1 - Commissioner Haley M. Wagner II. PLEDGE OF ALLEGIANCE III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ IV. AGENDA APPROVAL Planning Manager Will Tackett did not have any changes to recommend. On motion of Commissioner Diaz, seconded by Commissioner Criner , that the above AGENDA was APPROVED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Vice Chair Hardie, Commissioner Criner , Commissioner Bray, Commissioner Diaz, and Commissioner Fuentes Absent: 1 - Commissioner Wagner V. CONSENT CALENDAR VII-A ID 22-1110 (CONTINUED TO JULY 20, 2022) Consideration of Vesting Tentative Tract Map No. 6410; and related Environmental Assessment No. T-6410 for approximately 11.23 acres of property located on the north side of East Church Avenue, east of South Peach Avenue (Council District 5). 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00958/T-6410 dated May 20, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final July 6, 2022 2. APPROVE Planned Development Permit Application No. P22- 00958, proposing to allow for a density transfer and the entirety of the proposed subdivision to be developed consistent to the RS -5 zone district development standards. 3. APPROVE Vesting Tentative Tract Map No. 6410, proposing to subdivide approximately 11.23 acres of the subject property into a 73-lot single-family residential development subject to compliance with the Conditions of Approval dated July 6, 2022. Item was continued to the next meeting , on July 20, 2022. VI. REPORTS BY COMMISSIONERS N/A VII. CONTINUED MATTERS V-A ID 22-1109 (CONTINUED FROM JUNE 15, 2022) 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 DENIAL OR 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; 2. RECOMMEND DENIAL, APPROVAL, OR APPROVAL WITH CONDITIONS (to the City Council) of Rezone Application No. P22- 00451, requesting authorization to rezone the subject property from the PI/CZ (Public and Institutional/with conditions of zoning) zone district to the PI (Public and Institutional) or PI/CZ (Public and Institutional/with conditions of zoning) zone district in order to remove or modify the conditions of zoning tied to the ±5.57 acres of property located at 255 West Bullard Avenue. RECOMMENDATION Upon consideration of the information provided in this staff report, staff presents the Planning Commission with three options for consideration and action within the Conclusion section of this report. Planner Aubrie Richardson presented the item. Commissioners asked Staff for clarity of recommended conditions and the City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final July 6, 2022 Municipal Code's definition of social services living. Richardson stated the conditions and defined social services living from the municipal code. Planning manager Tackett, elaborated on Staff's recommendations, zoning (particularly in relation to fence height), public access on Delmar Street, and stated Commissioners' options on this item. Bradie McGuinness, Attorney working with the property owner, spoke on behalf of the project . Chair Vang opened the item up for public discussion. Public comment: (11) members from the public spoke in favor of the project including Nicole Linder, Executive Director of The Marjaree Mason Center. Several members of the public voiced they were in favor of this item with the caveat that they wanted the classification to return to its original state if Marjaree Mason Center does not in fact purchase the property as planned. Chair Vang stated he appreciated the amount of effort and interactions between the owner and the community. Commissioner Hardie made a motion to recommend approval with Staff recommendations to the following conditions: (1) A wall with a minimum height of six feet shall be installed along the southern property line; (2) Vehicular access to Del Mar Avenue is limited to emergency access; (3) Allowed uses include: Public or private School or College, Emergency Shelters, and Social Service Facilities. On motion of Vice Chair Hardie, seconded by Commissioner Criner , that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Vice Chair Hardie, Commissioner Criner , Commissioner Bray, Commissioner Diaz, and Commissioner Fuentes Absent: 1 - Commissioner Wagner City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final July 6, 2022 VIII. NEW MATTERS N/A IX. REPORT BY SECRETARY Director Clark announced Current Planning Manager, Will Tackett, accepted a new opportunity and would be leaving City of Fresno. Director Clark, Commissioners congratulated Tackett and praised the work he's done with The City of Fresno. Director Clark announced McKencie Perez is being appointed provisionally to Current Planning Manager.Tackett's last day will be on July 28, 2022 X. SCHEDULED ORAL COMMUNICATIONS N/A XI. UNSCHEDULED ORAL COMMUNICATIONS N/A XII. ADJOURNMENT Chair Vang adjourned meeting at 7:01pm. City of Fresno ***Subject to Mayoral Veto Page 7

Agenda

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Agenda - Final Wednesday, July 6, 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 Agenda - Final July 6, 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 July 6, 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 July 6, 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 City of Fresno Page 4 Planning Commission Meeting Agenda - Final July 6, 2022 VII-A ID 22-1110 (CONTINUED TO JULY 20, 2022) Consideration of Vesting Tentative Tract Map No. 6410; and related Environmental Assessment No. T-6410 for approximately 11.23 acres of property located on the north side of East Church Avenue, east of South Peach Avenue (Council District 5). 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. P22-00958/T-6410 dated May 20, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines. 2. APPROVE Planned Development Permit Application No. P22-00958, proposing to allow for a density transfer and the entirety of the proposed subdivision to be developed consistent to the RS-5 zone district development standards. 3. APPROVE Vesting Tentative Tract Map No. 6410, proposing to subdivide approximately 11.23 acres of the subject property into a 73-lot single-family residential development subject to compliance with the Conditions of Approval dated July 6, 2022. Sponsors: Planning and Development Department VI. REPORTS BY COMMISSIONERS VII. CONTINUED MATTERS City of Fresno Page 5 Planning Commission Meeting Agenda - Final July 6, 2022 V-A ID 22-1109 (CONTINUED FROM JUNE 15, 2022) 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 DENIAL OR 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; 2. RECOMMEND DENIAL, APPROVAL, OR APPROVAL WITH CONDITIONS (to the City Council) of Rezone Application No. P22-00451, requesting authorization to rezone the subject property from the PI/CZ (Public and Institutional/with conditions of zoning) zone district to the PI (Public and Institutional) or PI/CZ (Public and Institutional/with conditions of zoning) zone district in order to remove or modify the conditions of zoning tied to the ±5.57 acres of property located at 255 West Bullard Avenue. RECOMMENDATION Upon consideration of the information provided in this staff report, staff presents the Planning Commission with three options for consideration and action within the Conclusion section of this report. Sponsors: Planning and Development Department VIII. NEW MATTERS IX. REPORT BY SECRETARY X. SCHEDULED ORAL COMMUNICATIONS XI. UNSCHEDULED ORAL COMMUNICATIONS City of Fresno Page 6 Planning Commission Meeting Agenda - Final July 6, 2022 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 7

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