REPORT TO THE PLANNING COMMISSION February 3, 2021 FROM: MIKE SANCHEZ, Assistant Director Development Services Division THROUGH: ISRAEL TREJO, Supervising Planner Development Services Division BY: ROB HOLT, Planner III Development Services Division SUBJECT ..Title Consideration of Plan Amendment Application No. P20-01665, Rezone Application No. P20-01665 and the related Environmental Assessment No. P20-01665 pertaining to �92.53 acres of property bounded by East Vine Avenue to the north, State Route 41 to the east, South Elm Avenue to the west and East Chester/East Samson Avenue (alignment) to the south (Council District 3). 1. RECOMMEND ADOPTION (to the City Council) of the Addendum to Final Program EIR (SCH No. 2017031012) for the Southwest Fresno Specific Plan, dated January 15, 2021 for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164. 2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. P20-01665 proposing to amend the Fresno General Plan and the Southwest Fresno Specific Plan to change the planned land use designation for the subject properties from Neighborhood Mixed Use to Light Industrial Employment and to amend Southwest Fresno Specific Plan Policy LU-8.1. 3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P20-01665 proposing to rezone the subject properties from the NMX (Neighborhood Mixed-Use) zone district to the IL (Light Industrial) zone district. ..Body EXECUTIVE SUMMARY Steven Brock of SDG Fresno 570 LLC has filed Plan Amendment and Rezone Application No. P20-01665 pertaining to �92.53 acres of property bounded by East Vine Avenue to the north, State Route 41 to the east, South Elm Avenue to the west and East Chester/East Samson Avenue (alignment) to the south. Plan Amendment Application No. P20-01665 proposes to amend the Fresno General Plan and the Southwest Fresno Specific Plan to change the planned land use designation for the subject properties from Neighborhood Mixed Use to Light Industrial Employment and to amend Southwest Fresno Specific Plan Policy LU-8.1. Rezone Application No. P20-01665 proposes to rezone the subject properties from the NMX (Neighborhood Mixed-Use) zone district to the IL (Light Industrial) zone district. The subject properties are located within the boundaries of the Fresno General Plan and Southwest Fresno Specific Plan. BACKGROUND/PROJECT ANALYSIS The subject properties are located within an area that has been significantly developed with industrial uses. Some of the uses within the subject area include a pharmaceutical business, distribution and manufacturing businesses, plastic fabrication business, garbage disposal and collection business, and other industrially-related businesses. The subject area was originally within the IL (Light Industrial) zone district prior to the adoption of the Southwest Fresno Specific Plan (SWFSP) in 2017. The subject area was rezoned and the planned land use designation was changed to Neighborhood Mixed Use in response to the community's desire to remove all industrial zoning in the SWFSP. This was addressed with Goal LU-8 which aims to address and mitigate West Fresno's top ranking as most burdened by multiple sources of pollution by protecting the health and wellness of Southwest Fresno residents through regulating and reducing the negative impacts of industrial businesses and other sources of pollution. Furthermore, Policy LU-8.1 stated that all Light Industrial, Heavy Industrial, Business Park, and Regional Business Park land uses should be planned and zoned Office. The applicant is requesting that this area be changed back to its previous zone district and planned land use designation of Light Industrial due to the subject area being completely developed with a majority of the existing uses within the industrial use classification. The proposed amendment to the SWFSP would make an exception to allow for industrial uses within the subject area of the SWFSP only. The following SWFSP policy is proposed to be revised: Current Policy LU-8.1: Plan and zone employment areas in Southwest Fresno for non-industrial businesses. All previously designated Light Industrial, Heavy Industrial, Business Park, and Regional Business Park land uses should be planned and zoned for Office. Proposed Policy LU-8.1 Amendment: Except for the 92-acre area bounded by Vine Avenue on the north, State Route 41 on the east, Elm Avenue on the west, and East Chester/East Samson Avenue (alignment) on the south, in order to allow the continuation of legally established and non-polluting uses established and operating as of February 18, 2021. Existing Development & Land Use The subject area is currently developed with (primarily) industrial uses and buildings. There is only one small portion of property (�0.63 acres) located at APN 328-240-32 that is undeveloped If proposed for development, new construction of a building(s) on the vacant �0.63 acre portion of the subject area will be located behind two existing buildings, resulting in a visibility screening of said building(s) from the public right-of-way along South Elm Avenue. Considering only �0.63 acres of the �92.53 acres of the subject area remains vacant, the proposed amendments shouldn't detract from allowing the construction of a new building with the allowance of an industrial use in a currently developed industrial area so long as developed with an existing and non-polluting use in accordance with the proposed amendment to SWFSP Policy LU-8.1. Furthermore, directly east of the subject area and Highway 41 are Heavy Industrial planned land use areas and Neighborhood Mixed Use planned land use areas located adjacent west of the subject area, followed by residential planned land use areas. This provides for a logical transition of planned land uses. The IL (Light Industrial) zone district is intended to provide areas, as identified by the General Plan, for a diverse range of light industrial uses, including limited manufacturing and processing, research and development, fabrication, utility equipment and service yards, wholesaling, warehousing, and distribution activities. Small-scale retail and ancillary office uses are also permitted. Light Industrial areas may serve as buffers between Heavy Industrial Districts and other land uses and otherwise are generally located in areas with good transportation access, such as along railroads and freeways. Land Use Plans and Policies The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form: * Increase opportunity, economic development, business and job creation. * Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan. Objective ED-1 supports economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. Objective LU-1 promotes the establishment of 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-7 plans and supports industrial development to promote job growth. Policy LU-7-b promotes business and industrial park sites that are of sufficient size, unified in design, and diversified in activity to attract a full range of business types needed for economic growth. Policy LU-7-c promotes industrial land use clusters to maximize the operational efficiency of similar activities. The proposed plan amendment meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. The proposed plan amendment to allow for industrial uses in the subject area would result in the continuous operation of existing industrial businesses and allowance of prospective industrial businesses, which are generally job-generating businesses, which complies with the above-mentioned goals, objectives and policies of the General Plan. Furthermore, the planned land uses that surround the subject area are commercial, mixed use and heavy industrial. There are existing residential homes north of the subject area on Vine Avenue, but these are planned for commercial use. It should be noted that although not directly adjacent to the subject area, there are planned residential uses further west of the subject area along Annadale and Chester Avenues, as well as West Fresno Elementary School. Therefore, it is staff's opinion that the proposed plan amendment is consistent with respective general plan objectives and policies. Neighborhood Meeting The Council District 3 Office provided City staff with an e-mail dated August 20, 2020 that the respective Councilman conducted community outreach directly to community residents on this project, including members of the Southwest Fresno Specific Plan Committee and the Project Review Committee, and requested that the Neighborhood Meeting be waived for the project. Council District 3 Project Review Committee On August 25, 2020, the Council District 3 Project Review Committee recommended approval of the proposed project, 4 votes to 1. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1000 feet of the subject property, pursuant to Section 15-5007 of the FMC (Exhibit G). Additionally, on January 24, 2021, the applicant posted public notices of this Planning Commission hearing on the subject property, pursuant to the requirements within Section 15-5007.C of the Fresno Municipal Code. ENVIRONMENTAL FINDINGS The City of Fresno has determined that an addendum to Final Program EIR (SCH No. 2017031012) prepared for the Southwest Fresno Specific Plan is appropriate given that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR have occurred; and new information added is only for the purposes of providing minor changes or additions, in accordance with Section 15164 of the CEQA Guidelines. In accordance with Section 15162 of the CEQA Guidelines, no substantial changes are proposed in the project which will require major revisions; no substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous adopted PEIR SCH No. 2017031012 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous PEIR SCH No. 2017031012 was adopted. Based upon these findings, it has been determined an addendum to PEIR SCH No. 2017031012 is appropriate and a subsequent EIR is not required. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-5812 et seq. of the Fresno Municipal Code can be made. These findings are attached as Exhibit F. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals, objectives and policies of the Fresno General Plan and the Southwest Fresno Specific Plan; compliance with the provisions of the FMC; 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 Section 15-5812 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed project is appropriate for the project site. Attachments: Exhibit A: Aerial Map Exhibit B: Vicinity Map Exhibit C: Fresno General Plan Land Use & Zoning Map Exhibit D: Proposed Planned Land Use Map Exhibit E: Proposed Rezone Exhibit Exhibit F: Fresno Municipal Code Findings Exhibit G: Public Hearing Notice Radius Map Exhibit H: Addendum to Final PEIR (SCH No. 2017031012) of the Southwest Fresno Specific Plan dated January 15, 2021