Documented by Artemes Gidram

The Fresno County Planning Commission denied a family’s request to create separate parcels so three siblings could build houses on their land, while allowing another property owner to create a new parcel from his land to sell to his sister. Photo credit: Artemes Gidram

Here’s what you need to know

  • A dispute between an applicant and their neighbor regarding a pistachio processing plant from the previous meeting had been settled in private.
  • The Arias family’s request to create separate parcels on their farm so that three siblings could build houses was denied.
  • Billy Bose was allowed to create a new parcel in order to sell it to his sister.

Follow-up questions

  • What was the agreement that Sarah Pilibos and Tom Stefanopoulos came to?
  • Will the Arias family appeal in order to build their houses?

The scene

The Fresno County Planning Commission met on Feb. 8, 2024, at 8:50 a.m.

The meeting was held in person at 2281 Tulare St. in Fresno and over audio on the Fresno County Planning Commission’s website. The agenda is available on the county website.

Name of officials:

Ken Abrahamian, chair

Glenda Hill, vice chair

James Quist, commissioner

Esther Carver, commissioner, absent

Kuldip Chatha, commissioner, absent

John Arabian, commissioner

Lisa Woolf, commissioner

Blake Zante, commissioner, absent

  • Introduction
    • Hill led the flag salute.
    • Carver, Chatha and Zante were absent from the roll call as well as the rest of the meeting.
  • Consent agenda
    • There were no items on the consent agenda.
  • Variance and environmental review
    • A proposal to allow the creation of a 2.5-acre parcel and a 17.5-acre parcel from an existing 20-acre parcel in the AE-20 (exclusive agricultural, 20-acre minimum parcel size) Zone District. The subject parcel is located on the east side of S. Temperance Avenue, .17-miles south of E. Jensen Avenue, approximately .63-miles southwest of the nearest Fresno city limit.
    • Elliot Racusin, Fresno County Public Works and Planning:
      • The parcel is surrounded by parcels of similar size.
      • The zoning district is for a minimum parcel size of 20 acres.
      • There were six variances filed in the past and all were recommended for denial. Four were approved and two were denied.
      • The owner wants to split a 2.5-acre parcel in order to give it to his children.
      • Staff finds that there are no physical or extraordinary circumstances to merit the creation of an extra parcel.
      • There are no property rights denied as the parcel has an existing home and the owner has the right to create a secondary home through two different procedures.
      • This is inconsistent with the general plan as the parcel would be substandard in size if approved.
      • Therefore staff recommends the application be denied
      • If approved the applicant could potentially have four homes across each parcel.
    • Jose Leon-Barraza, Southeast Fresno Community Economic Development Association:
      • Leon-Barraza said Arias has been involved with research on various varieties of trees.
      • Many parcels in the immediate vicinity are smaller than 20 acres.
      • Near the parcel, Sanger has built Sanger West High School and Fresno continues to develop toward the area as well.
      • Arias has three sons who are already on the deed to the property.
      • Staff had told Arias that he could deed the property to children and then the property could be split. However, the children’s names had already been put on the property.
      • He said he’s worked for the county for 34 years and has worked closely with the chair so he hopes they are able to provide the flexibility that the law allows so that Arias can use the property rights he has earned.
      • The variance is important for the preservation of the substantial enjoyment of the property owner.
      • There were no negative comments from the neighbors and Arias is a good neighbor.
      • He said that this is an exceptional and extraordinary circumstance due to the tree research being conducted on the farm. This would preserve the continuance of that process through the children.
    • Sylvester Arias, the property owner
      • He said he wants to be able to live on the farm with his three sons.
      • He said he is continuing to do small farming and producing new forms of citrus. He has owned the property since 1994.
      • The children are going to help with the farming as Arias is getting older and needs help with his work. The sons were put on the title as he worried about something happening to him and wanted to make sure the property would go to them.
    • Sylvester Arias Jr., son
      • He said it was the family’s dream to be able to build these homes and live together on the property.
      • The split is the only way they were told they could successfully build their homes and live together. They can still build a second home but the brothers aren’t looking to live in the same house.
    • Dion Bourdase, candidate for Fresno County supervisor, District 2
      • Bourdase spoke in support of the family.
      • He pointed out that the farm is just outside of the city boundary and will eventually be in the sphere of influence.
      • This has been done and there is precedence for this being done.
        • Abrahamanian made clear that the commission looks at situations independently and previous decisions do not make precedence for decisions.
      • Woolf asked Bourdase if this was part of the district he is running to represent. to which he replied it was not. Woolf said that it was fine for him to favor the development but explained that the commission needs to stick with the general plan. She said she didn’t think he was helping the family’s case.
    • Abrahamanian stated that, on paper, he was prepared to go against this decision. However, after hearing testimony he believes he can make the findings required.
      • The conditions of the property are unique because the owner is doing something others aren’t with his plant breeding.
      • Keeping the family together helps create substantial preservation and enjoyment for the property owner by not only keeping the family together but also helping foster the future of agriculture on the property.
      • There is no adverse effect on the surrounding neighborhood.
      • Abrahamanian said he feels it doesn’t conflict with the general plan because it will foster future agriculture.
    • Vote
      • Motion by Abrahamanian, second by Arabian
      • Motion failed 2-3, with Abrahamanian and Arabian in favor and Hill, Quist and Woolf against.
  • Variance and initial study proposing reduction of the minimum parcel size and road frontage
    • Proposal to allow for the reduction of the minimum parcel size and road frontage requirements to create a 2.18-acre and a 27.76-acre parcel from an existing 29.94-acre parcel in the Exclusive Agricultural, 20-acre minimum parcel size Zone District. The subject parcel is located on the northeast corner of East American Avenue and Navelencia Avenue, about 3.9 miles west of the city limits of Orange Cove.
    • Elliot Racusin, Fresno County Public Works and Planning:
      • The property is surrounded by properties of similar size.
      • There was one variance that was recommended for denial but approved by the commission within a mile radius.
      • It’s the applicant’s intent to create a substandard 2.5-acre parcel.
      • The staff did not find this to be an exceptional or extraordinary circumstance, necessary for the preservation and enjoyment of the property owner, or in line with the general plan.
      • The staff did find that there were no adverse effects on the surrounding neighborhood,
      • Staff recommends this project be denied.
      • The property falls under the Williamson Act, which would require the property owners to go before the county Board of Supervisors for approval to cancel their contract.
    • Dale Mell, representative of applicants.
      • Mell and the applicants are aware of the various steps required for canceling their agreement through the Williamson Act. Cancellation fees have already been paid.
      • The family has lived on the farm for 40 years, and has committed themselves to the property. They are now retiring and would like to retain their home.
      • He said the county should honor the years of sacrifice to agriculture that the family has given.
      • They had gone through the Agricultural Land Conservation Committee (ALCC) and been denied but appealed to county supervisors and were approved.
      • They have canceled the ag contract for the specific homesite but not the rest of the farm.
    • Phil Braun, applicant
      • Braun has been in the agriculture business since 1972.
      • Their family has been living in this house since 1986.
      • They love the country life and won’t be complaining about the agriculture going on. They are growing citrus on their property.
      • Braun is being forced into retirement as a result of the Prima Wawona bankruptcy.
    • Commissioner discussion
      • Hill
        • Hill pointed out that the staff report stated the family’s personal circumstances are not relevant as it is not related to the property. To grant a variance based on their personal circumstances is prohibited by state law and county code.
      • Woolf
        •  She said every circumstance is different and they’ve pulled small parcels off for people who have lived in a location for a long time in the past. Woolf feels she can make some of the findings in this case.
      • Quist
        • He said he is empathetic toward Braun and his family. But he is concerned about making all the findings necessary. Quist is also concerned about the larger parcel. 
      • Abrahamanian
        • He said he feels he can support allowing this parcel to be created.
          • Abrahamanian doesn’t see this impacting the general plan with the testimony that the property will continue to be farmed.
          • There is a substantial property right for the owner to live there, and there was no testimony to any alternatives.
          • The family has lived there and farmed the land for a long time.
    • Vote
      • Hill moved to deny the application, no second was made
      • Abrahamanian made a motion to accept that was seconded by Woolf 
      • The vote passed 4-1, with Hill voting no.
  • Variances and initial study proposing to allow reduction of the minimum parcel size requirements
    • Proposal to allow for the reduction of the minimum parcel size requirements to create a 2.3-acre and a 117.4-acre parcel from an existing 119.7-acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District. The subject parcel is located on the northeast corner of McKinley and Mendocino avenues, approximately three miles north of Sanger city limits. 
    • Elliot Racusin, Fresno County Public Works and Planning:
      • The surrounding properties are generally larger in size.
      • The property itself is vacant.
      • Staff found that a canal bisecting the property created an extraordinary circumstance. The separation of the property by the canal makes it incapable of being farmed.
      • Staff finds that there are extraordinary circumstances, it is within the property owner’s rights, there’s no adverse effect on the neighborhood and it doesn’t go against the general plan because farming on the property would be difficult.
    • Dirk Poeschel, owner, Dirk Poeschel Land Development Services:
      • Poeschel is representing the applicant, Billy Bose.
      • Their family has owned the property for more than 100 years.
      • The intent is to sell this property to Bose’s sister.
    • Vote
      • Motion by Arabian to approve was approved unanimously.

Actions/discussions/public comment

  • Public presentations
    • Dirk Poeschel, Land Development Services
      • Poeschel reported on the complaints Sarah Pilibos had about the development of a pistachio processing plant by Tom Stefanopoulos at the previous planning meeting.
      • Poeschel stated that the two were able to get together and come to an agreement and that Pilibos had written to staff that she had no further complaints about the project.

Conversation highlight

“We’re doing our best to get the four homes built so that our dreams can come true and we can grow up together and stay close as a family unit. I think it’s something beautiful and I think it’s something that we’ve always dreamed about,” said Sylvester Arias Jr, property owner 

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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