7.
Consider and adopt Mitigated Negative Declaration, including Mitigation Monitoring and
Reporting Program prepared for Amendment Application No. 3842 and Classified Conditional
Use Permit No. 3682 based on Initial Study No. 7879 and additional conditions as
recommended by staff; and find that proposed rezone of subject 3.46-acre, 0.5-acre, and
19.65-acre parcels, from AL-20 (Limited Agricultural; 20-acre minimum parcel) Zone District to
the M-3(c) (Heavy Industrial, Conditional) Zone District is consistent with County’s General Plan
and County adopted Roosevelt Community Plan; and adopt an Ordinance pertaining to
Amendment Application (AA) No. 3842 thereby rezoning subject 3.46-acre, 0.5-acre, and
19.65-acre parcels; and make required Findings specified in Fresno County Zoning Ordinance,
Chapter 842.5 and adopt Resolution approving Classified Conditional Use Permit No. 3682;
and designate County Counsel to prepare a fair and adequate summary of proposed Ordinance
and direct Clerk of the Board to post and publish required summary in accordance with
Government Code, Section 25124(b)(1) (subject parcels are located on northwest corner of S.
Peach and E. North Avenues, approximately 2,704 feet southeast of nearest city limits of City of
Fresno (APNs: 316-071-36, 37, 38, and 75))
CONSIDERED MITIGATED NEGATIVE DECLARATION (MND), INCLUDING THE MITIGATION MONITORING
AND REPORTING PROGRAM PREPARED FOR AMENDMENT APPLICATION (AA) NO. 3842 AND
CLASSIFIED CONDITIONAL USE PERMIT (CUP) NO. 3682 BASED ON INITIAL STUDY (IS) NO. 7879 AND
ADDITIONAL CONDITIONS AS RECOMMENDED BY STAFF. CONDUCTED PUBLIC HEARING. NO PUBLIC
TESTIMONY RECEIVED. CLOSED PUBLIC HEARING. A MOTION WAS MADE BY SUPERVISOR MAGSIG,
SECONDED BY VICE CHAIRMAN BREDEFELD, THAT THIS MATTER BE ACTED ON AS FOLLOWS: 1)
ADOPT THE MND, INCLUDING THE MITIGATION MONITORING AND REPORTING PROGRAM PREPARED
FOR AA NO. 3842 AND CUP NO. 3682 BASED ON IS NO. 7879 AND ADDITIONAL CONDITIONS AS
RECOMMENDED BY STAFF; 2) FIND THAT THE PROPOSED REZONE OF THE SUBJECT 3.46-ACRE,
0.5-ACRE, AND 19.65-ACRE PARCELS, FROM THE AL-20 (LIMITED AGRICULTURAL; 20-ACRE MINIMUM
PARCEL) ZONE DISTRICT TO THE M-3(c) (HEAVY INDUSTRIAL, CONDITIONAL) ZONE DISTRICT IS
CONSISTENT WITH THE COUNTY’S GENERAL PLAN AND COUNTY ADOPTED ROOSEVELT COMMUNITY
PLAN; 3) ADOPT AN ORDINANCE PERTAINING TO AA NO. 3842 THEREBY REZONING THE SUBJECT
3.46-ACRE, 0.5-ACRE, AND 19.65-ACRE PARCELS; 4) MAKE THE REQUIRED FINDINGS SPECIFIED IN
FRESNO COUNTY ZONING ORDINANCE CHAPTER 842.5 AND ADOPT RESOLUTION APPROVING CUP NO.
3682; 5) 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); 6) INCLUDE THE
FOLLOWING CONDITIONS: 1) THE PROPERTY/PROJECT WILL BE DEVELOPED TO CITY OF FRESNO
STANDARDS, 2) THE PROPERTY/PROJECT IS REQUIRED TO CONNECT TO CITY OF FRESNO UTILITIES
WHEN AVAILABLE, AND 3) A COVENANT IS REQUIRED, WHICH REQUIRES THAT FUTURE ANNEXATION
TO THE CITY OF FRESNO SHALL NOT BE CONTESTED AND WHICH SAID COVENANT SHALL BE
RECORDED ON THE TITLE OF THE PROPERTY, AND A COPY OF THE COVENANT BE PROVIDED TO THE
CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT; AND 7) INCLUDE THE FOLLOWING
INDEMNIFICATION CONDITION: THE APPLICANT SHALL ENTER INTO AN AGREEMENT INDEMNIFYING
THE COUNTY FOR ALL LEGAL COSTS ASSOCIATED WITH ITS APPROVAL OF AA NO. 3842, CUP NO.
3682 AND IS NO. 7879 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
THAT LITIGATION PERIOD HAS EXPIRED, IN WHICH CASE THE REQUIREMENTS FOR THE
INDEMNIFICATION AGREEMENT AND SECURITY SHALL BE CONSIDERED NULL AND VOID. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
5 - Bredefeld, Chavez, Magsig, Mendes, and Pacheco
Ayes:
Ordinance No. R-510-3842, Resolution No. 25-327