Fresno Municipal Code Art. 61 Concept Plans, Pre-Zoning, and Annexations

The purpose of this article is to establish a procedure for annexation of adjoining unincorporated territory.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Purpose. To facilitate the orderly expansion of the city by shaping new growth areas into a series of complete neighborhoods which feature a connected mix of houses, apartments, stores offices, open space, and public facilities.

B. Applicability.

1. Annexation of Certain Land Uses. A Concept Plan shall be prepared by the applicant when land with one of the following General Plan land use designations is proposed to be annexed:

a. Residential, Low Density

b. Residential, Medium Low Density

c. Residential, Medium Density

2. Exceptions. Applications with the following circumstances shall not be required to prepare a Concept Plan:

a. With the exception of the proposed project, there is no more undeveloped land within the Concept Plan Area with a residential land use designation.

b. The site is already part of an adopted Concept Plan.

c. The site is already part of a Specific Plan which was adopted after December 18, 2014. Sites within the boundaries of specific plan which is substantially complete may not be required to prepare a Concept Plan at the discretion of the Review Authority.

d. If the Director determines that the subject quarter section and/or adjacent quarter sections provide a sufficient amount of land with commercial and multi-unit land use designations, the project shall not be required to submit a Land Use Map as part of their Concept Plan.

e. Once the Concept Plan is received by the City the development may proceed if no general plan amendment is required.

C. Review Authority. The City Council shall approve, conditionally approve, or deny Concept Plans based on consideration of the requirements of this section.

D. Concept Plan Area. The Concept Plan Area shall consist of the entire contiguous area surrounding the project which is bounded by existing or planned Major Streets. This will typically be a quarter section, or about 160 acres, but the actual size may vary.

E. Concept Plan Contents.

1. Land Use Map. The Concept Plan shall feature a land use map which assigns new planned land uses to the Concept Plan Area according to the Complete Neighborhood policies of the General Plan. The land use map shall be designed as follows:

a. Residential Capacity. The residential capacity of the Concept Plan Area shall not be reduced, but may be increased.

b. Ratio of Land Use Designations. The percentage of land within the Concept Plan Land Use Map that is assigned various land use designations shall fit within the parameters of one of the profiles in the table below, unless unique site conditions warrant an alternative profile, to be determined at the discretion of the Review Authority:

c. Location of Land Use Designations. Land use designations shall be located in the following manner, unless unique site conditions warrant an alternative layout, to be determined at the discretion of the Review Authority:

i. Commercial designations (Main Street, Community, or General) shall be located at the intersections of Major Streets.

ii. Mixed-Use designations (Neighborhood or Corridor) shall be located at the intersections of Major Streets. Additional Mixed-Use designations may also be located along Major Streets between major intersections.

iii. Office designations shall be located along Major Streets between major intersections.

iv. Multi-Unit residential designations (Medium High Density, Urban Neighborhood, or High Density) shall be located along Major Streets between major intersections.

v. Single-Unit residential designations (Low Density, Medium Low Density, or Medium Density) shall be located within the Concept Plan Area, not abutting Major Streets.

vi. Public Facilities and Open Space designations shall be located along Major Streets between major intersections.

2. Connectivity Map. The Concept Plan shall feature a Connectivity Map which identifies a potential street and trail system for the entire Concept Plan Area. The Connectivity Map shall feature a street, path, and trail system for the entire Concept Plan Area which complies with all applicable provisions of Article 41, Subdivision Design Standards, including, but not limited to, the following:

a. Connections between the proposed subdivision and adjacent subdivisions or potential future subdivisions shall be identified in conformance with Section 15-4107-D.

b. Connections between single-unit subdivisions and non-single-unit uses shall be identified in conformance with Section 15-4107-G.3.

F. Adoption.

1. Planning Commission Recommendation. Prior to City Council Action, the Planning Commission shall review the proposed Concept Plan and make a recommendation to the City Council.

2. Public Notice. Public Notice shall be provided prior to the date of Planning Commission and City Council hearings pursuant to Section 15-5007, with the exception that notice shall be provided to all owners and residents within the Concept Plan Area, as well as those within 500 feet.

3. General Plan Amendment. Concurrent with the adoption of the Concept Plan, a corresponding amendment to the General Plan shall be presented for adoption in order to maintain consistency.

G. Authority of Concept Plan.

1. Land Use Map. Land uses may not deviate from those shown in the Concept Plan unless the Concept Plan and General Plan Land Use Map are amended accordingly.

2. Connectivity Map.

a. The applicant who proposed the annexation and Concept Plan shall build streets and trails within their site as they are shown in the adopted Concept Plan.

b. Subsequent subdividers may build streets as shown in Concept Plan, or may propose an alternative layout which complies with Article 41, Subdivision Design Standards, and which incorporates the connections between subdivisions and non-residential uses put forth in the Concept Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 79, eff. 7-27-25).

A. Scope. Unincorporated territory adjoining the city may be pre-zoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation.

B. Review Authority. The City Council shall approve or deny pre-zoning based on consideration of the requirements of this section.

C. Procedure.

1. If land proposed for annexation is required to create a Concept Plan per Section 15-6102, the Concept Plan must be created and adopted prior to pre-zoning.

2. Property that is subject to annexation shall be pre-zoned consistent with the General Plan, Concept Plan if applicable, and any applicable operative plan per Section 15-6104, Annexation Criteria. If an applicant proposes to pre-zone to different zone districts than those which are consistent with the General Plan, Concept Plan, and other operable plans, then plan amendments which achieve consistency shall be initiated and processed per Article 58, Amendments to Development Code Text Amendment, Rezones, and Plan Amendments prior to pre-zoning.

3. In such cases where the Local Agency Formation Commission (LAFCO) of Fresno determines that additional land must be included for orderly growth, said land, if not previously pre-zoned by the Council, shall be brought before the Council for consideration prior to formal annexation. In order to potentially avoid such cases, staff should consult with LAFCO to identify potential parcels that would encourage the logical formation of city boundaries.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Annexation shall not be approved unless the proposed annexation meets all of the following criteria:

A. Concept Plan. If land proposed for annexation is required to create a Concept Plan per Section 15-6102, the Concept Plan must be created and adopted prior to annexation.

B. Plan Consistency. The proposed annexation and parcel configuration is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, Concept Plan, and any applicable operative plan; and

C. Revenue Neutrality.

1. Public Services, Facilities, and Utilities. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this will occur.

2. Fair and Proportional Payments. Projects requiring annexation will not negatively impact City finances.

a. No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project.

b. The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development.

c. The development project will pay for public facilities and infrastructure improvements in proportion to the development's neighborhood and citywide impacts.

d. The development will fund its proportionate share of public facility infrastructure, maintenance and public service costs according to the City Council approved Development Impact Fee Schedule and through a uniform application of community facilities district fees.

D. Disadvantaged Unincorporated Communities. The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process.

E. LAFCO Approval. The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 8, eff. 10-31-19).

The zoning accomplished by pre-zoning of the property shall become effective at the time that annexation to the city becomes effective. If the subject area has not been annexed to the city within six years of the date of City Council approval, the pre-zoning approval shall be brought before the Planning Commission and the Council for reconsideration.

(Added Ord. 2015-39, § 1, eff. 1-9-16).