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File #: 21-0925    Name: AA 3815 (Rezone)
In control: Public Works & Planning
On agenda: 11/2/2021 Final action: 11/2/2021
Enactment date: Enactment #: Ordinance No. R-495-3815
Title: 1. Consider and adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program prepared for Amendment Application No. 3815 based on Initial Study No. 7071; 2. Find that the proposed rezone of two contiguous parcels totaling 8.38 acres (10.44 acres including canal) from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1(c) (Light Manufacturing, Conditional) Zone District to allow a limited number of light industrial uses as requested by the Applicant is consistent with the County's General Plan, including the Housing element and the Roosevelt Community Plan; 3. Adopt an ordinance pertaining to Amendment Application No. 3815 thereby rezoning the subject 8.38 acres site from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1(c) (Light Manufacturing, Conditional) Zone District; and 4. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance and dir...
Attachments: 1. Agenda Item, 2. Attachments A - D, 3. Ordinance No. R-495-3815, 4. Ordinance Summary, 5. Additional Information

DATE:                     November 2, 2021

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Steven E. White, Director

                     Department of Public Works and Planning

 

SUBJECT:                     Initial Study No. 7071 and Amendment Application No. 3815

                     (Applicant: Lakhvir Singh Sidhu)

 

RECOMMENDED ACTION(S):

TITLE

1.                     Consider and adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program prepared for Amendment Application No. 3815 based on Initial Study No. 7071;

 

2.                     Find that the proposed rezone of two contiguous parcels totaling 8.38 acres (10.44 acres including canal) from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1(c) (Light Manufacturing, Conditional) Zone District to allow a limited number of light industrial uses as requested by the Applicant is consistent with the County’s General Plan, including the Housing element and the Roosevelt Community Plan;

 

3.                     Adopt an ordinance pertaining to Amendment Application No. 3815 thereby rezoning the subject 8.38 acres site from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1(c) (Light Manufacturing, Conditional) 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 parcels are located on the east side of S. Peach Avenue, approximately 360 feet north of its intersection with E. North Avenue and 4,038 feet south of the City of Fresno (2929 S. Peach Avenue) (APNs 316-180-13 and 316-180-20).

REPORT

This item comes before your Board with a recommendation for approval for Amendment Application (AA) No. 3815 from the Planning Commission (5 to 0; three Commissioners absent) and as a legislative action, requiring final action from your Board to adopt the Mitigated Negative Declaration (MND) prepared for the project based on Initial Study (IS) No. 7071.  A summary of the Planning Commission’s action is included in Attachment A.  This item pertains to a location in District 4.

 

ALTERNATIVE ACTION(S):

 

If your Board determines that the proposed AA No. 3815 to rezone the subject 8.38 acres from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1(c) (Light Manufacturing, Conditional) Zone District is not consistent with the County-adopted Roosevelt Community Plan or the County’s General Plan Vision Statement, Goals and Policies, 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 has paid land use processing fees in the amount of $10,498.

 

DISCUSSION:

 

The Application requests rezoning of the subject property, located on the east side of S. Peach Avenue, approximately 360 feet north of its intersection with E. North Avenue and 4,038 feet south of the City of Fresno, from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1(c) (Light Manufacturing, Conditional) Zone District to allow a limited number of by-right light industrial uses as requested by the Applicant.  A complete list of proposed uses is included as Exhibit 9 of the Planning Commission Staff Report provided as Attachment B.

 

On August 26, 2021 the Planning Commission considered the rezoning.  After receiving the Department of Public Works and Planning Staff’s presentation and considering public testimony from the Applicant in support of the proposal and no one speaking in opposition to the rezoning, the Commission voted unanimously (five to zero; three Commissioners absent) in favor of forwarding to your Board a recommendation to adopt the MND prepared for the Project and recommending approval of the proposed rezoning subject to the Mitigation Measures, Conditions of Approval, and Project Notes (Attachment C).  Staff notes that 31 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. 

 

If your Board determines that the proposed rezoning is consistent with the County’s General Plan and the County-adopted Roosevelt Community Plan and desires to approve AA No. 3815, 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.7071, 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 Roosevelt Community Plan, then denial of the rezoning would be appropriate, citing the reasons for denial and the proposal’s inconsistency with the General Plan.

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

Attachment A - D

Ordinance

On file with Clerk - Summary of Ordinance

 

CAO ANALYST:

 

Ron Alexander