REPORT TO THE PLANNING COMMISSION July 1, 2026 FROM: JENNIFER K. CLARK, AICP, Director Planning and Development Department ASHLEY ATKINSON, AICP, Assistant Director Planning and Development Department THROUGH: ISRAEL TREJO, Planning Manager Planning and Development Department ROBERT HOLT, Supervising Planner Planning and Development Department BY: VALERIA RAMIREZ, Planner II Planning and Development Department SUBJECT ..Title CONTINUED FROM JUNE 17, 2026 Consideration of Rezone Application No. P26-00729 and related Environmental Assessment No. P26-00729 for approximately 3.30 acres of property located on the south side of East Barstow Avenue, between North Blackstone Avenue and North Fresno Street (Council District 4) - Planning and Development Department. 1. RECOMMEND ADOPTION (to the City Council) of the Statutory Exemption prepared for Rezone Application No. P26-00729, dated June 17, 2026, for the proposed project pursuant to California Environmental Quality Act (CEQA); and, 2. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P26-00729, proposing to rezone the subject property from the RM-1/cz (Multi-Unit Residential, Medium High Density/conditions of zoning) zone district to the RM-1 (Multi-Unit Residential, Medium High Density) zone district. ..Body EXECUTIVE SUMMARY The City of Fresno has filed Rezone Application No. P26-00729 pertaining to approximately 3.30 acres of property located on the south side of East Barstow Avenue, between North Blackstone Avenue and North Fresno Street. The subject property is planned for Medium High Density Residential uses and is currently zoned RM-1/cz (Multi-Unit Residential, Medium High Density/conditions of zoning). The rezone application requests removal of existing conditions of zoning applied to the subject property, as they were erroneously applied to the property with the approval of Rezone Application No. R-04-39. Rezone Application No. P26-00729 proposes to rezone the subject property from the RM-1/cz (Multi-Unit Residential, Medium High Density/conditions of zoning) zone district to the RM-1 (Multi-Unit Residential, Medium High Density) zone district, thereby removing the conditions of zoning. BACKGROUND Previously Approved Entitlements Plan Amendment Application No. A-04-14 and Rezone Application No. R-04-39 were approved by the City Council on September 28, 2004, and allowed for the rezone of approximately 8.75 acres of property from the R-A (Single Family Residential - Agricultural) zone district to the R-4/cz (High Density Multiple Family Residential/conditions of zoning) zone district for purposes of constructing a 152-unit four-story multi-family residential development, specifically for student housing (Avery Apartments) under Conditional Use Permit Application No. C-04-112. Additionally, the project included Tentative Parcel Map No. 2004-12 (TPM-2004-12), which subdivided the property into two parcels of 3.30 acres (Parcel A; subject property) and 5.45 acres (Parcel B). Parcel B is currently developed with 152 dwelling units for student housing (Avery Apartments). Parcel A is currently vacant. Conditions of Zoning Rezone Application No. R-04-39, was approved by the Fresno City Council on September 28, 2004, under Ordinance Bill No. 2004-94 (Exhibit E) and specified three (3) conditions of zoning, as follows: 1. Development of the subject property shall be limited to no more than 152 multiple family dwelling units (27 units per acre) as proposed under Conditional Use Permit Application No. C-04-112 and be limited to student housing only. 2. Dedication of an avigation easement to the City of Fresno. 3. Recordation of a covenant stating that it is understood by the owner's and owners' successors in interest that the real property in question lies close to Fresno Yosemite International Airports and that the operation of the Airport and the landing and take-off aircraft may generate high noise levels which will affect the habitability and quiet enjoyment of the property. The owners shall also covenant to accept and acknowledge the operation of the Fresno Yosemite International Airport. Technical Error This rezone application requests to remove all three (3) existing conditions of zoning from the subject property as they were erroneously applied through the processing of Rezone Application No. R-04-39. The three (3) existing conditions of zoning, with an explanation for their removal, are described below. 1. Development of the subject property shall be limited to no more than 152 multiple family dwelling units (27 units per acre) as proposed under Conditional Use Permit Application No. C-04-112 and be limited to student housing only. Staff response: The City Council staff report dated September 28, 2004, completed for the project explained that only Parcel B of Tentative Parcel Map No. 2004-12 is subject to Plan Amendment No. A-04-14 and Rezone Application No. R-04-39, Conditional Use Permit Application No. C-04-112 and Tentative Parcel Map No. 2004-12. However, Ordinance Bill No. 2004-94 erroneously references "Parcel A of Parcel Map No. 77-82" (Exhibit F), which then applies to all parcels created under TPM-2004-12 (Exhibit G). The intent was to only apply the conditions of zoning to Parcel B and not Parcel A of TPM-2004-12. Removal of this condition of zoning would allow for the subject property to be developed in the future. Since the conditions of zoning apply to the subject property, no development on the property may occur until said conditions of zoning are removed. 2. Dedication of an avigation easement to the City of Fresno Staff response: The subject application was heard by the Airport Land Use Commission and was routed to the Airports Department for comment/review. Neither entity submitted conditions specific to the rezone application. However, future development on the subject property will be subject to review by the Fresno County Airport Land Use Commission prior to construction. 3. Recordation of a covenant stating that it is understood by the owner's and owners' successors in interest that the real property in question lies close to Fresno Yosemite International Airport and that the operation of the Airport and the landing and take-off of aircraft may generate high noise levels which will affect the habitability and quiet enjoyment of the property. The owners shall also covenant to accept and acknowledge the operation of the Fresno Yosemite International Airport. Staff response: Staff recommends the removal of this condition of zoning as the intent of the condition was to only apply to Parcel B of Tentative Parcel Map No. 2004-12. The project was heard by the Airport Land Use Commission and was routed to the Airports Department for comment/review. Neither entity submitted conditions specific to the rezone application. However, future development on the subject property will be subject to review by the Fresno County Airport Land Use Commission prior to construction. Fresno Municipal Code Rezone Application No. P26-00729 was routed to partner departments and agencies for review and comments including, Department of Public Utilities, Public Works, Fire Department, Fresno Metropolitan Flood Control District, and Fresno Irrigation District. Future comments and conditions will be provided at such time that a Planning application is submitted for development of the site (Exhibit I). Future development of the overall site shall comply with the provisions of the FMC, including but not limited to setbacks, transition standards, parking, and landscaping, and shall comply with all applicable design guidelines and development standards for the RM-1 (Multi-Unit Residential, Medium High Density) zone district. Public Notice and Input Fresno County Airport Land Use Commission The Fresno County Airport Land Use Commission (ALUC) reviewed this project on April 6, 2026, and voted to recommend approval of the project with a requirement that any future development proposal for the site be subject to review by the Fresno County Airport Land Use Commission prior to construction. Council District 4 Project Committee Review The Council District 4 Project Review Committee recommended approval of this project on April 21, 2026, with no additional recommendations. Notice of Planning Commission Hearing In accordance with FMC Section 15-5007, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners and residents within 1,000 feet of the subject property on May 27, 2026 (Exhibit J). Hoover Community Plan Staff has determined that the Hoover Community Plan contains no applicable policies that are more restrictive than those in the FMC or Fresno General Plan. However, pursuant to Section 15-104-B-4 of the FMC, should there be a conflict between the FMC and Hoover Community Plan, the FMC shall control. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area of the Fresno Yosemite International Specific Plan and the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno Yosemite International Airport's Safety Zone 7 - Precision Approach Zone. The project has been deemed consistent with the plan given that the existing base zone district of RM-1 (Multi-Unit Residential, Medium High Density) is not changing. The proposed removal of the conditions of zoning maintains consistency with the Medium High Density Residential planned land use. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings of Section 15-5812 of the Fresno Municipal Code can be made. These findings are attached as Exhibit K. ENVIRONMENTAL ASSESSMENT A Statutory Exemption was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) and Senate Bill (SB) 131 (California Public Resources Code Section 21080.085) (Exhibit L). The rezoning implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. This action is therefore consistent with State-mandated housing implementation requirements and qualifies for the noted CEQA exemption. CONCLUSION The appropriateness of the proposed project has been examined for 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 and exhibits. Staff concludes that the required findings contained within FMC Section 15-5812 can be made. Based upon this evaluation, it can be concluded that the proposed projects are appropriate for the project site. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Map Exhibit C - Zoning Map & Fresno General Plan Land Use Map Exhibit D - Mitigated Negative Declaration for R-04-39 (cover page) Exhibit E - Ordinance Bill No. 2004-94 Exhibit F - Tentative Parcel Map No. 77-82 Exhibit G - Tentative Parcel Map No. 2004-12 Exhibit H - Proposed Rezone Exhibit Exhibit I - Comments from Departments and Agencies Exhibit J - Public Hearing Notice Radius Map (1,000 feet) Exhibit K - Fresno Municipal Code Findings Exhibit L - Environmental Assessment No. P26-00729 [6-17-2026]