REPORT TO THE PLANNING COMMISSION November 15, 2023 FROM: ISRAEL TREJO, Planning Manager Planning and Development Department BY: ROB HOLT, Supervising Planner Planning and Development Department SUBJECT ..Title Hearing to consider Text Amendment Application No. P23-02808 and related Environmental Finding: 1. RECOMMEND APPROVAL (to the City Council) of the Finding of No Possibility of Significant Adverse Effect as prepared for Environmental Assessment No. P23-02808 dated September 13, 2023. 2. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P23-02808 amending Subsection E to Section 3314 of Chapter 15 of the Fresno Municipal Code relating to the language of the required appeal hearing date from 30 days to 45 days. ..Body EXECUTIVE SUMMARY Fresno Municipal Code (FMC) Section 15-3314 describes the process for appealing tentative parcel and tentative tract maps. Subsection E of Section 15-3314 requires that appeals of tentative parcel and tract maps be heard by the Review Authority within 30 days after the appeal has been filed, consistent with Section 66452.5 of the Subdivision Map Act (SMA). SMA Section 66452.5 was recently changed to require the hearing date of an appeal of a tentative parcel map or tract map be within 45 days of the filing of the appeal. The City of Fresno is requesting authorization to amend Subsection E of Section 15-3314 changing the appeal hearing date from the filing date of the appeal from 30 days to 45 days, which is consistent with the SMA. BACKGROUND Fresno Municipal Code (FMC) Section 15-3314 describes the process for appealing tentative parcel and tentative tract maps. Subsection E of Section 15-3314 requires that appeals of tentative parcel and tract maps be heard by the Review Authority within 30 days after the appeal has been filed, consistent with Section 66452.5 of the Subdivision Map Act (SMA). SMA Section 66452.5 was recently changed to require the hearing date of an appeal of a tentative parcel map or tract map be within 45 days of the filing of the appeal. The City of Fresno is requesting authorization to amend Subsection E of FMC Section 15-3314 changing the appeal hearing date from the filing date of the appeal from 30 days to 45 days, which is consistent with the SMA. City staff recommends amending Section 15-3314 (Exhibit A) as follows: E.) Hearing Date. Shall be held within 30 45 days after the notice of filing the appeal, or as amended per the Map Act (Subdivision Map Act Section 66452.5). Council District Project Review Committees The recommendations of the Council District Project Review Committees are as noted below. Council District 1 On September 14, 2023, the Council District 1 Project Review Committee voted 3-0 to recommend approval of the proposed text amendment. Council District 2 On September 11, 2023, the Council District 2 Project Review Committee voted 3-0 to recommend approval of the proposed text amendment. Council District 3 On September 26, 2023, the Council District 3 Project Review Committee voted 3-0 to recommend approval of the proposed text amendment. Council District 4 There is no Council District 4 Project Review Committee at this time. Council District 5 On September 11, 2023, the Council District 5 Project Review Committee voted 4-0 to recommend approval of the proposed text amendment. Council District 6 On September 18, 2023, the Council District 6 Project Review Committee did not have quorum, thus the project was not heard. Council District 7 There is no Council District 7 Project Review Committee at this time. Tower District Design Review Committee On September 19, 2023, the Tower District Design Review Committee voted 5-0 to recommend approval of the proposed text amendment. Airport Land Use Commission On October 2, 2023, the Airport Land Use Commission voted 6-0 to recommend approval of the proposed text amendment. Development Code Text Amendment Findings Pursuant to Section 15-5811 of the Fresno Municipal Code, the Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed amendment meets the following criteria: 1. The Code text amendment is consistent with the General Plan and any applicable operative plans; and, The text amendment that is being proposed to 15-3314 is consistent with the recent change to Section 66452.5 of the Subdivision Map Act. 2. The amendment is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect public health, safety, peace, comfort, and general welfare. The proposed text amendment is consistent with the purpose of the Development Code. It will promote the growth of the city in an orderly and sustainable manner, and promote and protect public health, safety, peace, comfort, and general welfare. ENVIRONMENTAL FINDINGS An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of the project proposal for comment from other responsible or affected agencies. The State Guidelines for the implementation of the California Environmental Quality Act provide for the exemption of projects which will have no potential for causing a significant effect on the environment. More specifically, Section 15061(b)(3) of the CEQA Guidelines states: "...CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The City of Fresno has determined that a Finding of No Possibility (Exhibit B) that the project will have impacts on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines is appropriate for the proposed text amendment given that the proposed text amendment will only change the appeal hearing date from 30 days to 45 days. Notice of Planning Commission Hearing Pursuant to the requirements of Fresno Municipal Code Section 15-5806 and 15-5007.D, notice of this public hearing was noticed to all school districts within the City of Fresno limits and published in the Fresno Bee on November 3, 2023. CONCLUSION The appropriateness of the proposed text amendment has been examined with respect to its consistency with stated goals of the Fresno General Plan; compatibility with surrounding existing and proposed uses; and avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon completion of this evaluation, it can be concluded that Text Amendment Application No. P23-02808 is appropriate. ATTACHMENTS: Exhibit A - Text Amendment P23-02808 amending Subsection (E) of Section 15-3314 of FMC Exhibit B - Environmental Assessment P23-02808 [9-13-2023]