DATE: August 19, 2025
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: General Plan Amendment Application No. 576, and Amendment to Text Application No. 391 (Sixth Cycle Housing Element)
RECOMMENDED ACTION(S):
TITLE
1. Adopt Addendum to Fresno County General Plan Final Program Environmental Impact Report No. 2018031066, certified on February 20, 2024, with the adoption of the General Plan Review and Zoning Ordinance Update; and
2. Adopt Resolution approving General Plan Amendment Application No. 576 updating the Housing Element of the General Plan, a Multi-Jurisdictional Housing Element for the Sixth Cycle Planning Period (2023-2031) as the County’s First General Plan Amendment for 2025; and
3. Adopt Ordinance approving Amendment to Text Application No. 391 amending the text of Article 2, Chapter 810.2, Section 810.2.20.A and Section 810.2.030, Table 2.5, and Article 7 (Definitions) of the Fresno County Zoning Ordinance relating to Residential Zones as listed under Residential Zone Land Uses and Permit Requirements to include definitions for Discretionary, Ministerial, and By-right uses; and
4. Adopt amended and superseding Resolution to correct a clerical error in Resolution No. 24-410 by correctly identifying the zone district of the parcel bearing APN 449-040-05 as R-3 (Multi-Family Medium Density) Zone District; and
5. Adopt amended and superseding Ordinance to correct clerical error in Ordinance No. 505-3871 by correctly identifying the zone district of the parcel bearing APN 449-040-05 as R-3 (Multi-Family Medium Density) Zone District; and
6. Authorize the Director of the Department of Public Works and Planning, or authorized designee, to submit the Multi-Jurisdictional Sixth-Cycle Housing Element to the California Department of Housing and Community Development (HCD); and
7. Authorize the Director of the Department of Public Works and Planning, or authorized designee, subject to review and approval as to legal form by County Counsel, to make non-substantive changes to the Housing Element to ensure approval by HCD; and
8. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinances and direct the Clerk of the Board to post and publish the required summaries in accordance with Government Code, Section 25124(b)(1).
REPORT
There is no increase in Net County Cost associated with the recommended actions. Approval of the recommended actions constitutes adoption of the Sixth Cycle Housing Element of the Fresno County General Plan for the planning period 2023-2031 as the first amendment to the Fresno County General Plan for 2025. The proposed Zoning Ordinance text amendment would amend various sections the Fresno County Zoning Ordinance to ensure consistency with the proposed Housing Element. In addition, approval would authorize submittal of the Housing Element to California Department of Housing and Community Development (HCD) as well as authorize the Department Director to make non-substantive changes, subject to review as to legal form by County Counsel to ensure approval by HCD. This item comes to your Board with a recommendation for approval by the Planning Commission on a 7 to 1 vote. This is a countywide item.
ALTERNATIVE ACTION(S):
No viable alternative action exists. The update of the Housing Element is required by State Housing Element Law and is a mandatory element of the County’s General Plan. If your Board does not approve this item, the County will continue to be out of compliance with State Housing Element Law, and risk losing access to potential State funding, loss of building control, and potential litigation.
FISCAL IMPACT:
Approval of the recommended actions does not result in an increase of Net County Cost.
DISCUSSION:
Background
The Housing Element is one of the elements mandated under state law to be included in the General Plan. The purpose of the Housing Element is to establish a comprehensive plan to address the housing needs of all the residents in the unincorporated areas of Fresno County. The County’s Housing Element must include programs that address identified housing needs. State Housing Element Law requires cities and counties to update their Housing Element on a regular basis. The Sixth Cycle Housing Element adoption deadline for jurisdictions in Fresno County was December 31, 2023. Currently, the County is not in compliance with Housing Element law, which can lead to a loss of State housing funds, loss of building control, and potential litigation. State law also requires that the County’s Housing Element demonstrate that it can meet the Regional Housing Needs Allocation (RHNA) assigned to each jurisdiction. The portion of the RHNA assigned to the unincorporated area of Fresno County is 2,350 housing units broken down into the following income tiers: 706 very-low-income units, 391 low-income units, 370 moderate-income units, and 883 above moderate-income units. In order for the County to meet its RHNA obligation, the Board of Supervisors approved rezoning a total of 19 parcels on December 12, 2023, and December 17, 2024.
The County of Fresno partnered with the Fresno Council of Governments and 14 of the 15 partner cities (excluding the City of Clovis) to develop a Multi-Jurisdictional Housing Element. There is a regional component that all participating jurisdictions will work collaboratively to implement. Additionally, the County’s Housing Element consists of 35 Programs that will be implemented by various County departments and partner agencies such as the Department of Public Works and Planning, Social Services, Behavioral Health, Public Health, and the Fresno Housing Authority. The 35 Programs address various issues such as: emergency, supportive, and transitional housing; affordable housing development and preservation; removal of government constraints and housing quality and various assistance programs. A total of three community meetings were conducted: one virtual meeting and two held both in person and virtually. Additionally, the Draft Housing Element was made available to the public on five different occasions by posting online and emailing the document to interested parties.
Approval of the Sixth Cycle Housing Element
Staff officially submitted the draft Housing Element to HCD on three separate occasions beginning on December 18, 2023. On June 6, 2025, HCD provided the County a “substantially compliant” letter, pending that the County complete necessary changes to the Zoning Ordinance, which is the third recommended action. In order to receive final certification, your Board must make the necessary Zoning Ordinance changes to complete Program 14 to rezone sites to accommodate the RHNA pursuant to Government Code section 65583.2, subdivisions (h) and (i), along with the adoption of the Housing Element. If your Board approves this item, staff will submit to HCD the Housing Element for final certification.
Proposed Amendment to Text
Amendment to Text (AT) Application No. 391 is proposed to ensure compliance with the proposed Housing Element and HCD’s request to complete Housing Element Program 14. The proposed AT includes revisions to the Zoning Ordinance related to Residential Zones as listed under Residential Zone Land Uses and Permit Requirements, and includes definitions for Discretionary, Ministerial, and By-right uses. The proposed Ordinance is included as Exhibit 3 in the Planning Commission Staff Report included with this Agenda Item as Attachment B.
Proposed Changes to Adopted Resolution and Ordinance
On December 17, 2024, the Board adopted Resolution No. 24-410 and Ordinance No. R-505-3871. After the meeting, staff discovered a clerical error in the documents regarding APN 449-040-05, which should have been identified as R-3 (Medium High Density Residential) rather than R-2 (Low Density Multiple Family Residential). Staff is requesting that your Board adopt an amended and superseding resolution and amended and superseding ordinance to correct the clerical error.
Planning Commission Hearing
At its July 24, 2024 hearing, the Planning Commission considered the proposed General Plan Amendment (GPA) and AT. During the public testimony, one member of the public requested that the programs in the Housing Element be labelled/numbered similar to the other Elements of the General Plan. The County received a letter from the individual the morning of the Planning Commission hearing with the same comment. Staff noted the comment but does not recommend making the suggested changes as the County’s Housing Element was prepared as part of the Multi-Jurisdictional Housing Element, and all Housing Elements follow the same format. Additionally, the County’s Fifth Cycle Housing Element was formatted similarly. The Planning Commission recommended adoption of the proposed GPA and AT, with the additional request that the public comment be shared with your Board. After consideration of the staff report and public comment, the Planning Commission voted 7 to 1 recommending approval of the subject applications as shown in Attachment A.
Environmental Review
An Addendum to the Fresno County General Plan Final Program Environmental Impact Report No. 2018031066 was prepared for the project by Department of Public Works and Planning staff in conformance with the provisions of the California Environmental Quality Act. Information provided in the Addendum provides the basis for the determination that a Subsequent Environmental Impact Report (EIR) is not required and that your Board can rely on the original EIR located at: (https://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/divisions-of-public-works-and-planning/development-services-division/planning-and-land-use/environmental-impact-reports/general-plan-review-zoning-ordinance-update-copy) and the Addendum. This Addendum is included as Exhibit 1 in the Planning Commission Staff Report included with this Agenda Item as Attachment B.
OTHER REVIEWING AGENCIES:
California Department of Housing and Community Development (Reviewed and provided a letter of conditional approval on June 6, 2025)
REFERENCE MATERIAL:
BAI #7.1, December 17, 2024
BAI #6, February 20, 2024
BAI #11, December 12, 2023
BAI #43, April 11, 2023
BAI #46, April 05, 2022
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Attachments A - B
On file with Clerk - Housing Element Adoption Resolution
On file with Clerk - Amendment to Text Ordinance
On file with Clerk - Amendment to Text Summary of Ordinance
On file with Clerk - Amended and Superseding GPA No 577 Resolution
On file with Clerk - Amended and Superseding Ordinance R-505-3871
On file with Clerk - Amended and Superseding Summary of Ordinance
Presentation
CAO ANALYST:
Maria Valencia