March, 9, 2023 — Fresno County Planning Commission
Documented by Josef Sibala
Here’s what you need to know:
- During its meeting on March 9, 2023, Fresno County Planning Commission decided to discuss the consent agenda item on the proposed Terry Bradley Educational Center Support Infrastructure Site and Variance Application #4145 at a future meeting date.
- The commission denied the Variance Application No. 4146 And Environmental Review No. 8348. Commissioner Glenda Hill stated that zoning for agriculture must be maintained.
- The commission approved the Variance Application No. 4147 And Environmental Review No. 8351. The proposed 1.68-acre homesite parcel contains a 1,456-square-foot single-family residence with an attached garage, an on-site sewage disposal system, a water well, three barns, and one shed.
Follow-up question:
- What will be the decision of the consent agenda and the Variance Application #4145?
The Scene
The Fresno County Planning Commission has jurisdiction, powers, and duties to do all things related to local and area planning as may be conferred to it by the government code or which has been delegated to it by the board of supervisors.
The commission’s duties include considering and approving applications for land subdivisions, variances, and conditional use permits and recommending issues concerning zoning and the county’s general plan to the board of supervisors.
Fresno County Planning Commissioners present:
- Ken Abrahamian (Chairman)
- Glenda Hill (Vice Chair)
- Esther Carver District 3
- John Arabian District 5
- Blake Zante At Large
Fresno County Planning Commissioners not present:
- Austin Ewell District 2
- Kuldip Chatha District 4
- Lisa Woolf At Large
Others Present:
- Mohammad Khorsand
- Alyce Alvarez
- Marc Benjamin
- William Kelter
- Joseph Potthast
- Jeremy Shaw
- Planner Elliot Racusin
- Susan Peron
- Elvia Lopez from Central Valley Engineering & Surveying
- Cristina Gomez
- Rosemary Cordero
- Dale Mell
- Ejaz Ahmad
- Marissa Jensen
- Melanie Halajian
- Reymundo Peraza
- Ruth Mendyk
- Jordan Walton
Discussions/Actions
The consent agenda consists of:
1. General Plan Conformity – Clovis Unified School District Proposed Terry Bradley Education Center Support Infrastructure Site
The district proposed to acquire an approximately 15-acre portion of land from an existing 31.46-acre parcel, for the construction of support infrastructure, with related facilities including wastewater treatment, domestic water well, and solar for a proposed new education center site (to be located westerly adjacent), in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The proposed site is located on the east side of N. Highland Avenue, approximately 740 feet south of its two intersections with E. Shields Avenue, approximately one half-mile from the nearest city limits of the City of Clovis, and within the sphere of influence (SOI) of, and approximately one and one half-mile east of the nearest city limits of the City of Fresno (APN: 309-200-47) (2768 N. Highland Ave.) (Sup. Dist. 5).
The commission decided to pull the consent agenda and discuss it in a future meeting.
The regular agenda is as follows:
1. The board (6-0) approved Variance Application No. 4143. Commissioners Abrahamian, Zante, Arabian, Ewell, and Hill voted yes.
Peter Moua proposed to allow the creation of a 5-acre parcel and a 13.61-acre parcel, from an existing 18.61-acre parcel, in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The subject parcel is located at the northeast corner of Maple Avenue and South Avenue, approximately 2.6 miles west of the nearest city limits of the City of Fowler (APN: 335-110-48) (7870 S. Maple Ave.) (Sup. Dist. 5).
The area is relatively flat, with homes dispersed and agricultural fields provided throughout.
The majority of the parcels surrounding the subject parcel are relatively large. The parcels that are substandard in size were created in 1960, with three exceptions filed in the 1980s and 1990s.
The applicant wishes to subdivide the subject parcel into two sections (Parcels 1 and 2). The applicant asserts that there is an extraordinary circumstance based on the high-speed rail traversing the parcel. The lower portion will be affected by the high-speed rail.
However, staff determined that the configuration of the parcel does not alleviate any effect the high-speed rail may impose. There is no property right in question.
The applicant intends to continue farming operations from the larger portion.
The applicant states it is not unique since no property right is violated, and the variance would provide a special privilege.
The granting of the variance may be inconsistent with Government Code Section 65906, which prohibits granting of total variances.
In the case of this application, there is not an identifiable unique physical condition impacting the property, nor are substantial property rights being denied, and the variance would conflict with the Policies of the County General Plan and Zoning Ordinance.
2. The commission (4-2) approved the Variance Application No. 4144 And Environmental Review No. 8339. Commissioners Abrahamian, Zante and Ewell, and Carter voted yes. Commissioners Arabian and Hill voted no.
David Harler Jr. proposed to waive the minimum acreage and road frontage requirements to allow the creation of two 2.5-acre parcels from an existing five-acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The subject parcel is located on the southwest corner of E. Mountain View Avenue and S. Willow Avenue, approximately 5.60 miles west of the City of Selma (APN: 385-083-57S) (3463 E. Mountain View Ave.) (Sup. Dist. 4).
The subject five-acre property is currently developed with a single-family residence, including a septic system and water well.
The remainder of the property is vacant and undeveloped. Surrounding land uses consist of farmland with sparsely located single-family residences. County records indicate that before 1973 the subject parcel and other parcels in the area were zoned A-1 (Agricultural District; 100,000 square feet minimum parcel size required).
The parcels were rezoned from the A-1 District to the current zoning of AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The current parcel configuration was created by Parcel Map No. 1351, which created four parcels in 1973 from roughly an 18-acre parcel.
No variances related to parcel creations were proposed within a ¼ mile of the subject parcel.
Property is neither a unique circumstance nor deprived of a property right enjoyed by others. The variance would provide a “Special Privilege” not enjoyed by others.
Staff said variance would conflict with the County General Plan and Zoning Ordinance policies.
Elvia Lopez from Central Valley Engineering & Surveying mentioned that David Harler Jr. is no longer part of the company applying.
On behalf of the applicant, she proposes to subdivide the 4.68 acres into two. The applicant plans to build a new home for his elderly parents. The property owner agreed to comply with Fresno County regulations.
Cristina Gomez hopes to build one home so that her elderly parents can take care of their children. She said the lot was empty.
Commissioner Arabian said that the subject parcel is not viable for farming. The subdivision is consistent with the General Plan.
3. Variance Application No. 4145 And Environmental Review No. 8342 (presented by Planner Elliot Racusin)
David Harler Jr. proposed to allow the creation of a two-acre parcel from an existing 16.30- acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The subject parcel is located east of S. Fowler Avenue, 615 feet south of E. Rose Avenue, approximately 2.60 miles west of the nearest city limits of the City of Selma (APN: 385-031-69) (11624 S. Fowler Ave.) (Sup. Dist. 4).
The subject 16.3-acre property is currently developed with a single-family residence, including a septic system and water well.
The remainder of the property is vacant and undeveloped. Surrounding land uses consist of farmland with sparsely located single-family residences.
County records indicate that before 1965 the subject parcel and other parcels in the area were zoned A-1 (Agricultural District; 100,000 square feet minimum parcel size required).
The parcels were rezoned from the A-1 District to the current zoning of AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
According to available records, there have been three previous variance requests within one mile of the subject property for substandard-sized lots. These variances are described below:
Property is neither a unique circumstance nor deprived of a property right enjoyed by others. The variance would provide a “special privilege” not enjoyed by others. Staff recommends denying Variance Application No. 4145.
On behalf of the applicant, Elvia Lopez proposes to subdivide acres into two parcels. One parcel is about 2.25 acres with an easement allowing access to Parcel 2, which is 14 acres).
The split’s purpose is for retirement and to allow her daughter to build a home. The property owner agreed to comply with Fresno County regulations.
Rosemary Cordero said that her daughter will continue farming.
Commissioner Carver stated that since Mrs. Codero’s home is mobile, there is no need for Director Review and Approval (DRA).
The commission (6-0) decided to discuss Variance Application #4145 at a future meeting date.
4. The commission (6-0) denied the Variance Application No. 4146 And Environmental Review No. 8348 (presented by Planner Elliot Racusin)
Dale Mell proposed to allow the creation of three parcels (a 1.25-acre parcel, a 4.1-acre parcel, and a remaining 2.01-acre parcel) from an existing 9.86-acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The project is located on the east side of N. Locan Avenue, approximately 967-feet south of E. Shields Avenue, adjacent to the city limits of the City of Fresno (APN: 310-260-37) (2744 N. Locan Ave.) (Sup. Dist. 5).
County records indicate the 9.86-acre parcel was zoned A-1 (Agricultural District, 36,000 square-foot minimum parcel size required) on June 8, 1960.
On August 31, 1976, the subject property and several other properties were rezoned (Amendment Application No. 2870) from the A-1 Zone District to the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The current zoning on the property is AE-20. The project was routed to the City of Fresno for comment. As discussed in this report, they commented and expressed opposition to the development.
No relevant variances were proposed within a ½ mile of the subject parcel.
Property is neither a unique circumstance nor deprived of a property right enjoyed by others. The variance would provide a “special privilege” not enjoyed by others. Staff recommends denying Variance Application No. 4146.
Dale Mell said the owners intend to create homesites for their family members. The parcel is not under AB 89, which would allow for multi-use for residential due to the ag zone.
He suggested having a Director Review and Approval (DRA) that states “one additional unit. According to him, the Subdivision Land Act allows them to create four parcels for sale, leasing, and financing.
In opposition, Planning Manager Israel Trejo said that the property needs to satisfy density requirements of 8 to 60 dwellings per acre.
Commissioner Glenda Hill stated that zoning for agriculture must be maintained.
5. The commission (5-0) approved the Variance Application No. 4147 And Environmental Review No. 8351 (presented by Planner Elliot Racusin)
Dale Mell proposed reducing the required setback (leach field encroachment), creating a 1.68-acre and a 37.3-acre parcel from an existing 38.98- acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The project site is located on the northwest corner of E. Huntsman and S. Porter Avenues approximately one half-mile north of the Tulare County line (APN: 373-151-09) (10401 S. Porter Ave.) (Sup. Dist. 4).
County records indicate that the subject 38.98-acre (net) property was zoned A-1 (Agricultural District, 36,000 square-foot minimum parcel size required) on June 8, 1960.
On August 31, 1976, the subject property and several other properties were rezoned (Amendment Application No. 2870) from the A-1 Zone District to the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The current zoning on the property is AE-20. The proposed 1.68-acre homesite parcel contains a 1,456-square-foot single-family residence with an attached garage, an on-site sewage disposal system, a water well, three barns, and one shed.
The residence was constructed in November 1986. The remainder of the property is in the farming operation. The property fronts Porter and Huntsman Avenues.
The residence gains access from Porter Avenue. A Variance Application is required to allow the creation of a 1.68-acre homesite parcel as a separate legal parcel in the AE-20 Zone District.
However, the remaining 37.3-acre parcel meets the minimum parcel size requirement of the AE-20 Zone District.
County records indicate that two Variance Applications about lot size requirements were filed within a one-mile radius of the subject property.
Variance 3969, which was for the same property, was approved on February 12, 2015, but expired.
Property is neither a unique circumstance nor deprived of a property right enjoyed by others. The variance would provide a “special privilege” not enjoyed by others. Staff recommends denying Variance Application No. 4147.
The meeting adjourned at 1:00 p.mThe Fresno County Planning Commission is scheduled to meet again at 8:45 a.m. on Thursday, March 23.
If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.
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