REPORT TO THE PLANNING COMMISSION February 18, 2026 FROM: JENNIFER K. CLARK, AICP, Director Planning & Development Department ASHLEY ATKINSON, AICP, Assistant Director Planning & Development Department THROUGH: ISRAEL TREJO, Planning Manager Planning & Development Department THROUGH: CHRIS LANG, Supervising Planner Planning & Development Department BY: MATTHEW WOODWARD, Planner II Planning & Development Department SUBJECT ..Title Consideration of Conditional Use Permit Application No. P24-04502 and related Environmental Assessment No. P24-04502, pertaining to approximately 0.51 acres of property at 108 West Lemon Avenue, located on the northwest corner of West Lemon and South Thorne Avenues. 1. ADOPT Environmental Assessment No. P24-04502 dated January 9, 2026, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303/Class 3 (New Construction or Conversion of Small Structures) and 15303/Class 32 (Infill Development) of CEQA Guidelines. 2. APPROVE Conditional Use Permit Application No. P24-04502, which requests authorization to construct a new six-unit apartment complex, subject to compliance with the Conditions of Approval dated February 18, 2026. ..Body EXECUTIVE SUMMARY Vincent Palacios of Designed Drafting has filed Conditional Use Permit Application No. P24-04502, pertaining to approximately 0.51 acres of property located on the northwest corner of West Lemon and South Thorne Avenues. Conditional Use Permit Application No. P24-04502 proposes to construct a new six-unit apartment complex on a vacant property. The subject property is located within the boundaries of the Fresno General Plan and the Downtown Neighborhoods Community Plan. The subject property is zoned RS-5/NR (Single-Unit Residential, Medium Density/Neighborhood Revitalization Overlay). Multi-Unit Residential is permitted in the RS-5 zone district subject to an approved Conditional Use Permit. Pursuant to Section 15-906-B of the Fresno Municipal Code (FMC), when Multi-Unit Residential is proposed in the RS-5 zone district, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits following a public hearing. Pursuant to FMC Section 15-906-D, when a Multi-Unit Residential use is proposed in the RS-5 zone district, the RM-1 (Multi-Unit Residential, Medium High Density) zone district development standards apply, except for density requirements, which remain within the RS-5 density range of between 5 and 12 dwelling units per acre. The project is conditioned to comply with the RM-1 zone district and NR overlay development standards (as detailed below). BACKGROUND/ANALYSIS The subject property is currently undeveloped. The property is bordered by single-unit residential homes to the north and west, across Lemon Avenue to the south, and Throne Avenue to the east. The proposed multi-unit complex will consist of six (6) three-bedroom dwelling units located within three two-story buildings. The subject property proposes thirteen (13) parking spaces, nine of which will be located within garages, as well as site improvements including open space, lighting, and a trash enclosure. Vehicular access to the site will be provided with a single proposed drive approach from West Lemon Avenue. Density The project proposes a new six-unit multi-unit complex on a vacant parcel. The subject property is zoned RS-5/NR, with a site area of 0.51 acres. Per FMC Sec 15-906, Multi-Unit Residential uses in the RS-5 district have an allowable density range of 5 to 12 dwelling units per acre. As proposed, the six units would result in a density of 11.76 dwelling units per acre and would be consistent with the density requirements of FMC Section 15-906-D.1.b. Fresno Municipal Code Pursuant to FMC Section 15-906-D, the property development standards of the RM-1 (Multi-Unit Residential, Medium High Density) zone district shall apply to the underlying RS-5 (Single-Unit Residential, Medium Density) zone district. Setbacks The setback requirements are as follows: * Front setback: Per FMC Sec. 15-906-D.2, the front setback for new structures shall match the front setbacks of adjacent sites that have been improved with buildings, as determined by the Review Authority. The property is oriented towards South Thorne Avenue, which serves as the front yard. There is a 30' easement along the east side of the property, and pursuant to �15-313-F of the FMC, in no instance shall a building be allowed to encroach within an easement. The proposed buildings will be located behind the 30' FID easement and match the setback of the structure to the north. * Street side yard setback (West Lemon Avenue): The RM-1 zone district requires a minimum setback of 15 feet on lots greater than 125 feet in depth and 10 feet on lots less than 125 feet in depth. The subject property is approximately 135 feet in depth and proposes an 11-foot setback; additional discussion on this setback has been provided below. * Interior side setback (north property line): Per RS transition standards, the interior side setback shall be 10 feet. The site plan depicts habitable space along the interior side setbacks at eight feet, with a proposed patio along the west property line at five feet; additional discussion on this setback has been provided below. * Rear yard setback (west property line): The minimum rear setback for the RM-1 zone district, and RS transition standards, is 20', however, the proposed building setback is 10' from the rear additional discussion on this setback has been provided below. Pursuant to Sec. 15-906-D.4, the review authority may determine that when a development standard of the RS-5 District would provide better compatibility with adjacent single-unit homes than the corresponding RM-1 standard, the RS-5 standard shall apply. The project proposes two structures, Buildings #1 and #2, to be located along South Thorne Avenue, away from adjacent homes, with Building #3 located in the northwest corner of the property. The RS-5 zone district allows for a 10' rear yard setback, and a three-foot side yard setback; the project is proposing to locate Building #3 at 10' and 5' respectively. The RS-5 district also requires a 10' street side yard setback, and Building #1 is proposed to be set back 11'. The project site is constrained by the 30-foot FID easement on the east side of the property, which limits where units may be constructed. Two of the proposed buildings are positioned towards Thorne Ave, away from adjacent properties located to the north and west. The third building is designed at the scale of a two-story house - consistent with what would otherwise be allowed to be built in this location. Therefore, staff has conditioned the project to comply with the RS-5 district setback standards. Additionally, the project has been conditioned to provide enhanced landscape screening between Building #3 and the adjacent property lines. The project has also been conditioned, pursuant to Sec. 15-2008-B, to provide a six-foot screen wall on the northern and western lot lines. Lot Coverage The maximum lot coverage for the RM-1 zone district is 50%. The proposed lot coverage for the project is approximately 46.6%, providing consistency with the maximum lot coverage of the RM-1 zone district. Open Space The minimum open space requirement for the RM-1 zone district is 20%. Open Space data calculations were not included on the landscape plan; however the large landscape area within the required FID easement is approximately 4,950 square feet and a separate landscape and play area is approximately 966.96 square feet. The two areas are a combined 5,916.96 square feet, which exceeds the open space requirement of 20% (4,428.8 square feet). The minimum private open space required for the RM-1 district is 32 square feet which must be provided by at least 50% of the units. The project exhibits identify that two of the proposed units provide private patios, and at least one more unit requires private open space to be identified on the site plan. The project has been conditioned to provide a data table to show compliance with open space requirements of the Fresno Municipal Code. Landscaping All required setbacks, except for areas used for exit and entry, shall be landscaped. A Type 1 landscape buffer is conditioned to be provided along the interior and rear property lines where the property is adjacent to single unit residential. Pursuant to Sec. 15-2305, a Type 1 landscape buffer is a minimum 10-foot-wide buffer that features trees (2 large and 2 small to medium sized) and shrubs (6 large, and 8 small to medium shrubs) every 100 linear feet of buffer yard. The project has also been conditioned to provide drought resistant trees with a minimum height of 20 to 30 feet tall at full maturity between Building #3 and adjacent single-unit residential properties. The proposed trash enclosures will also be screened by landscaping pursuant to Sec. 15-2016-D.7. Parking The project proposes six dwelling units, all of which are three-bedroom units. For new apartments, FMC Sec. 15-2409 requires 1.5 spaces per three-bedroom unit. In addition, one uncovered guest parking space shall be designated for every two units. In total, there are 12 required parking spaces, nine being covered resident spaces and three being uncovered guest spaces. The proposal provides nine covered and four uncovered guest spaces. The project has been conditioned to comply with State lw requirements for EV Chargers. Design Standards The subject property is within the NR (Neighborhood Revitalization Overlay) District, and the project has been conditioned to comply with the NR Overlay District standards. The purpose of the NR Overlay district is to preserve the unique character of neighborhoods near Downtown, enhance their walkability, and promote a diverse population. New projects in the NR Overlay District are required to be set back no be greater than 110 percent nor less than 90 percent of the average of the actual front setbacks of all residential structures on the block face which were constructed prior to 1945. The proposed project complies with this requirement as adjacent properties are set back approximately the same distance from Thorne Avenue due to the existing 30-foot F.I.D. easement. Residential units adjacent to an existing street are required to provide direct sidewalk access to the street via a 5-foot wide path. The project has been conditioned to provide direct entrances to each of the ground level entrances along Thorne Avenue of at least 5-feet wide. Street facing facades are required to provide two of the required fa�ade elements in Table 15-1611-C.6 of the FMC. The front yard along Thorne complies with this requirement by providing a proposed front yard measuring 30 feet by 166.05 feet that significantly exceeds the required minimum dimensions of 15 ft by 5 ft and porches for each unit that are 15 feet long and 5 feet wide. However, the street facing fa�ade along Lemon Ave does not propose any of the required fa�ade elements. The project has been conditioned to provide two of the required fa�ade elements in Table 15-1611-C.6 of the FMC along Lemon Ave. Other Agencies Public Works The submitted plans have been reviewed by the Department of Public Works. As part of the approval process, the applicant is required to dedicate the necessary right-of-way and construct street improvements along the property's frontage, in accordance with city standards and specifications. These improvements may include, but are not limited to, curb and gutter installation, sidewalk construction, and street paving. Public Utilities The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies, and the construction and installation of private facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies. For sanitary sewer service, these infrastructure improvements and facilities include typical requirements including the construction and extension of sanitary sewer mains and branches if the existing sewer branches are not adequate and/or operational. The proposed project will also be required to pay sewer connection charges if not previously paid with the existing sewer service at the property. For water service, required infrastructure improvements and facilities include installation of new water services and meters, along with all applicable fees to be paid prior to issuance of the Building permit. For solid waste service, the applicant is required to revise the proposal to include a three-cell trash enclosure designed to accommodate the required separate facilities. Additionally, the applicant is also required to relocate the enclosure to provide at least 40 feet of clearance from the entrance as required per Public Works Standard Drawing P-34. Fresno Metropolitan Flood Control District The Fresno Metropolitan Flood Control District (FMFCD) memorandum dated September 19, 2025 conditioned the project to pay applicable drainage fees and to identify the grading and drainage patterns identified. The grading plan for the site requires review by FMFCD prior to final development. Fresno Irrigation District The Fresno Irrigation District (FID) memorandum dated September 18, 2025 indicated the existing active Fanning No. 76 pipeline is located along the west side of Thorne Avenue. The project has been conditioned to comply with FID requirements. Fresno Fire Department This project was reviewed by the Fire Department for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning & Development Department when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. The project shall comply with FFD requirements. All comments received from the applicable agencies (Exhibit H) have been incorporated into the conditions of approval for Conditional Use Permit Application No. P24-04502. Given the conditions of approval, the project will comply with all zoning requirements as incorporated into the conditions of approval dated February 18, 2026 (Exhibit G). Public Notice and Input Neighborhood Meeting Per Sec. 15-1611-B.2, multi-unit residential projects located in the Neighborhood Revitalization Overlay District below 16 dwelling units per acre do not require a neighborhood meeting. Since the project is 11.76 dwelling units per acre, a neighborhood meeting is not required. Council District Project Review Committee The subject property is located in Council District 3 and the District 3 Project Review Committee met at a regularly scheduled meeting on July 23, 2025. The committee members unanimously recommended approval of the project and did not provide additional recommendations. Notice of Planning Commission Hearing In accordance with Sec. 15-5007 of the FMC, the Planning and Development Department mailed notices for the February 18, 2026 Planning Commission Hearing to property owners and residents within 1,000 feet of the subject property on February 6, 2026 (Exhibit F). Housing Analysis Housing Element This project site was identified in the Fresno Housing Element to accommodate a portion of the Regional Housing Needs Allocation (RHNA). The estimated capacity for this site per Housing Element Site ID 1434 is 5 above-moderate income units, whereas this project proposes 6 above-moderate income units. Therefore, the proposed development's residential density is consistent with the Housing Element. Housing Accountability Act (Senate Bill (SB) 167) The Housing Accountability Act (HAA) defines a housing development project as a project consisting either of residential units only, mixed-use developments consisting of residential and nonresidential units, or transitional housing or supportive housing. Pursuant to Government Code Section 65589.5(j), the HAA prohibits a local agency from disapproving a housing development project that complies with applicable objective general plan and zoning standards and criteria, unless the local agency makes specified written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. Affirmatively Furthering Fair Housing Under California Assembly Bill 686, public agencies have a legal obligation to take meaningful, deliberate actions to overcome patterns of segregation, eliminate disparities in access to opportunity, and foster inclusive communities free from discrimination, also known as Affirmatively Furthering Fair Housing (AFFH). To fulfill this obligation, the City has committed to prioritizing projects that support integration, expand access to opportunity, and reduce racial and economic disparities and that promote inclusive community engagement and equitable development practices across the city. The proposed project is located in an area designated as low-resource, high poverty, and high segregation by the State Department of Housing and Community Development's 2026 AFFH Mapping Tool.. It is also noted as an area of "neighborhood change" where residents are at risk of displacement. Because the project proposes six units of market-rate housing on a vacant site, it is consistent with AFFH goals for equitable development, including street improvements on the property's frontage. LAND USE PLANS AND POLICIES The Fresno General Plan designates the subject property for Medium Density Residential planned land uses and provides objectives to guide in the development of this project. Medium Density Residential provides for developments of five to 12 dwelling units per acre and is intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhouses. The proposed project consists of adding a new six-unit apartment building to an undeveloped property. Objectives and policies within the Fresno General Plan support diverse housing types and efficient and equitable use of resources. Some of those objectives and policies are outlined below: * Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. * Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. * Policy UF-1-d: Range of Housing Types. Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. * Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts. * Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. * Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents. * Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities. * Policy LU-5-c: Medium Density Residential Uses. Promote medium density residential uses to maximize efficient use of residential property through a wide range of densities. The proposed project would allow infill development on underutilized property within a central neighborhood in City of Fresno. The project promotes multi-family residential development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development. Infill development conserves resources and takes advantage of existing infrastructure. Furthermore, the proposed multi-family development promotes a city of healthy communities and will enhance the overall character of the neighborhood by providing multi-family residential development that is compatible with the surrounding established neighborhood. Downtown Neighborhoods Community Plan The subject property is designated for Residential - Medium Density planned uses by the Downtown Neighborhoods Community Plan. Having reviewed the policies contained in the Plan, staff have determined that there are no applicable policies that are more restrictive than those contained in the FMC or the Fresno General Plan. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings of Sec. 15-5306 of the Fresno Municipal Code can be made. These findings are attached as Exhibit E. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Section 15303/Class 3 and 15332/Class 32 was made and Environmental Assessment No. P24-04502 was completed for this project on January 9, 2026 (Exhibit I). CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Downtown Neighborhoods Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Based on this evaluation, it can be concluded that Conditional Use Permit Application No. P24-04502 is appropriate for the subject property. Attachments: Exhibit A - Project Exhibits (Site Plan, Floor Plan, Elevations dated 7/17/2025 and Landscape Plan dated 8/26/2025) Exhibit B - Operational Statement dated 7/17/2025 Exhibit C - Aerial Map Exhibit D - Fresno General Plan Land Use & Zoning Map Exhibit E - Fresno Municipal Code Findings Exhibit F - Public Hearing Notice Radius Map (1,000 feet) Exhibit G - Conditions of Approval for Conditional Use Permit Application No. P24-04502 dated 2/18/2026 Exhibit H - Comments and Requirements from Responsible Agencies Exhibit I - Environmental Assessment No. P24-04502 dated 1/9/2026