DATE: February 25, 2025
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Amendment to Text of the Zoning Ordinance No. 387
(Applicant: Bill Stonehouse and Angela Paul)
RECOMMENDED ACTION(S):
TITLE
1. Determine that Recommended Action is exempt from the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption with the Fresno County Clerk’s Office;
2. Approve Amendment to Text Application No. 387 and adopt Ordinance modifying the text of the Fresno County Zoning Ordinance Section 822.3.050 (H1.a and H1.b) relating to prohibitions on solid walls, fences, and hedges within the front yard setback for Rural Residential properties fronting the segment of Sunnyside Avenue between E. Nees Avenue and E. Shepherd Avenue; and
3. 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 California Government Code, Section 25124(b).
The area affected by this text amendment encompasses the properties located along N. Sunnyside Avenue, situated between E. Shepherd and E. Nees avenues approximately 650 feet west of the nearest city limits of the City of Clovis (Sup. Dist. 5).
REPORT
The proposed Amendment to Text Application comes before your Board with a unanimous recommendation for approval from the Planning Commission (9 to 0). The proposed amendments to the County’s Zoning Ordinance require final approval by your Board per the Fresno County Zoning Ordinance and State planning law. A summary of the Planning Commission’s action is included as Attachment A. The October 24, 2024 Planning Commission Staff Report is included as Attachment B. This item pertains to an area within District 5.
ALTERNATIVE ACTION(S):
If your Board elects not to approve the proposed amendments to the County Zoning Ordinance as recommended by the Planning Commission, your Board may continue the item and direct Department of Public Works and Planning staff as to specific revisions to the proposed amendments for return to your Board, or reject Amendment to Text Application No. 387.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. Pursuant to the County’s Master Schedule of Fees, the Applicant has paid land use processing fees in the amount of $7,585.00
DISCUSSION:
Amendment to the Ordinance is a legislative action requiring final approval by your Board. If approved, the amendments would become effective 30 days after the adoption date. On August 19, 2024, the Applicants submitted the subject request to amend Section 822.3.050 (H1.a and H1.b); Permitted Fences, Hedges, and Walls (of the Fresno County Zoning Ordinance) to include verbiage relating to prohibitions of fences, hedges and walls for properties fronting N. Sunnyside Avenue between E. Nees and E. Shepherd Avenues.
As described in Attachment B, the Planning Commission Staff Report, the scope of the proposed amendment is limited to fence standards within a specified one-mile stretch of properties fronting Sunnyside Avenue between E. Shepherd and E. Nees Avenues and located within the Rural Residential Zone District. The current fence provisions permit fences with a maximum height of seven feet in the front yard setback when not located in a corner cut off area, and when the fence has no less than 70 percent of the vertical surface open to permit the transmission of light, air, and vision. Solid fences and walls are prohibited.
The Applicants, representing properties abutting this segment of Sunnyside Avenue, have cited a number of concerns to support solid block walls. Those concerns consist of historical changes in development patterns to the area, Sunnyside’s narrow width compared to its collector designation, a lack of traffic signals and speed control, and traffic using this segment as a “short-cut” to access State Route 168. The proponents have indicated that solid masonry walls, are desired both for safety and to reduce traffic noise. These provisions will allow property owners who currently have non-conforming walls to retain them as long as they are outside of the County right-of-way.
At its October 24, 2024 hearing; the Planning Commission considered public testimony in favor of the text amendment and additional text modifications as prepared by staff to ensure visibility and safe vehicle entry/egress. At the hearing, no individuals spoke in opposition to the proposal and no correspondence in opposition were received. Based on public testimony and staff’s presentation, the Commission voted unanimously to recommend approval of the text amendment with staff’s recommended modifications.
Staff recommends that your Board find the proposed Amendment to Text is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061.b.3 (common sense exemption) that this proposal will not have a significant effect on the environment and is not subject to CEQA. Staff will file a notice of exemption at your Board’s direction.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachments A - B
Ordinance
On file with Clerk - Summary of Ordinance
CAO ANALYST:
Salvador Espino