Board overturns planning commission, approves variance to split 16.53-acre parcel into four lots

The Fresno County Board of Supervisors voted on May 19 to overturn a planning commission technical denial and approve Variance Application No. 4180, allowing the creation of four parcels (about 2.7, 3.8, 4.3 and 7.44 acres) from an existing 16.53-acre parcel zoned AE20.

Department planner Tawana Petunga said the planning commission had technically denied the application by a 3-3 vote at its March 12 hearing because three commissioners were absent. On appeal, the applicant's representative, Darius Sassemi, presented a hydrogeologic study and testimony asserting that shared-well arrangements and local well yields would support the proposed four single-family lots.

"We tested the wells in the area to make sure that they would not drop the water level to other wells," the applicant's representative said, adding that the proposed four single-family parcels generate recharge and that additional water-efficiency measures would be required at building-permit review.

Board discussion focused on whether the four required findings in section 8605.06.D of the Fresno County Zoning Ordinance could be made. A supervisor moving the motion said the record showed prior approvals of smaller nonconforming lots in the vicinity, that a water study supported availability for four homes, and that the application process began before the county's general-plan update; the motion approved the variance with conditions of approval and an additional indemnification condition recommended by staff. Supervisor Pacheco recused himself from the matter; the motion passed with the remaining supervisors voting in favor.

The board's action sends the application forward subject to the conditions placed on the approval; the applicant will still need to satisfy subsequent permitting requirements, including any well-use approvals and development standards.