DATE: May 9, 2023
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Consider the Planning Commission’s recommendation for approval of Amendment Application No. 3851 (Applicant: Owen Hunter)
RECOMMENDED ACTION(S):
TITLE
1. Consider and adopt the proposed Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program based on Initial Study No. 8312;
2. Find that the proposed rezone of the subject 16.89-acre parcel from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an R-R (Rural Residential, two-acre minimum parcel size) Zone District is consistent with the County’s General Plan and County-adopted Northeast Rural Residential area;
3. Adopt an ordinance pertaining to Amendment Application No. 3851 thereby rezoning the subject 16.89-acre site from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to the R-R (Rural Residential, two-acre minimum parcel size) Zone District; and
4. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance and direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)1.
The subject parcel is located on the southeast corner of E. Herndon Avenue and N. Highland Avenue, approximately 0.8-miles north of the City of Clovis (APN: 308-280-63) (9045 E. Herndon Ave.) (Sup. Dist. 5).
REPORT
This item comes before your Board with a recommendation for approval from the Planning Commission (6 to 0, two Commissioners absent, and one vacancy) for approval of Amendment Application (AA) No. 3852, and also adoption of the Mitigated Negative Declaration (MND) prepared for the project based on Initial Study (IS) No. 8312. A summary of the Planning Commission’s action is included in Attachment A. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
If your Board determines that the proposed rezoning is not consistent with the County-adopted Northeast Rural Residential area or the County’s General, a motion to deny the Application would be appropriate.
FISCAL IMPACT:
There is no net County cost associated with the recommended actions. Pursuant to the County’s Master Schedule of Fees, the Applicant paid $10,878 in land use processing fees for the Amendment Application request.
DISCUSSION:
On January 28, 2023, the Planning Commission considered the subject rezoning. After receiving the staff’s presentation and considering testimony from the Applicant in support of the proposal, and with no comments in opposition to the project, the Commission voted unanimously (6 to 0, with two Commissioners absent, and one vacancy) in favor of forwarding to your Board a recommendation to adopt the MND (Mitigated Negative Declaration) prepared for the project and approve the proposed rezoning subject to the Mitigation Measures, Conditions of Approval, and Project Notes (Attachment C). Staff notes that 72 property owners within a quarter mile of the subject property were provided notice of both the Planning Commission hearing and the hearing before your Board. No letters of objection have been received.
If your Board is able to find that the project is consistent with the Fresno County General Plan and County-adopted Northeast Rural Residential area for granting approval of AA No. 3851, a motion to uphold the request to approve AA No. 3851 subject to the mitigation measures, conditions of approval, and project notes, and adopt the Mitigated Negative Declaration prepared for IS No. 8312 would be appropriate, stating in the approval motion the project being consistent with the Fresno County General Plan and Northeast Rural Residential area. The Mitigation Monitoring Report has been included as Attachment C.
If your Board determines that the proposed rezoning is consistent with the County’s General Plan and the County-adopted Northeast Rural Residential area and desires to approve AA No. 3851, it would be appropriate to make a motion finding the Amendment consistent with the General Plan, Adopt the Mitigated Negative Declaration (Attachment D), prepared based on Initial Study No. 8312, adopt the proposed attached Ordinance, and direct County Staff to prepare and publish a summary of the proposed Ordinance.
If your Board determines that the proposed rezoning is not consistent with the County’s General Plan and County-adopted Northeast Rural Residential area, then denial of the rezoning concurrently with Site Plan Review would be appropriate, citing the reasons for denial and the proposal’s inconsistency with the General Plan and the County-adopted Northeast Rural Residential area.
Additionally, staff recommends your Board include the following additional Condition of Approval for indemnification:
The Applicant shall enter into an agreement indemnifying the County for all legal costs associated with its approval of AA 3851 and provide security in an amount determined by the County for any such legal costs incurred. The agreement and payment of security shall be due unless the litigation period has expired, in which case the requirements for the indemnification agreement and security shall be considered null and void.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachments A-D
Ordinance Summary
On file with Clerk - Ordinance
CAO ANALYST:
Salvador Espino