Conditional Use Permit Application No. P25-03031

2026091161

City of Fresno

NOE - Notice of Exemption

9/25/2026

9/25/2026

Steven Martinez

City of Fresno

Planner III

Lead/Public Agency

2600 Fresno Street
Fresno, CA 93721

(559) 621-8047

Steven.Martinez@fresno.gov

Ahmed Zuwawa

Kimley-Horn

P.E.

Project Applicant

1100 Town and Country Road, Suite 700
Orange, CA 92868

(714) 705-1366

Ahmed.Zuwawa@kimley-horn.com

Andy Greenwood

Macerich Fresno Limited Partnership

Vice President of Development

Parties Undertaking Project

4841 North First Street
Fresno, CA 93710

(559) 224-1592

andy.greenwood@macerich.com

36°48'23.7"N 119°46'25.7"W

Located on the west side of North First Avenue, between East Shaw and East Santa Ana Avenues.

93710

427-030-37

755 East Shaw Avenue, Fresno, CA

Categorical Exemption

Categorical Exemption – CEQA Guidelines 15302/Class 2 & 15332/Class 32

This project is exempt under Sections 15302/Class 2 and 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines as follows: Under Section 15302/Class 2, the proposed project is exempt from CEQA requirements when the project consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This includes, but is not limited to: ? Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. ? Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The project proposes the demolition of an existing three-level, ± 160,000 square foot mall anchor structure and constructing a two-level, ± 122,000 square foot anchor building with associated ± 18,500 square foot outdoor multi-purpose area; totaling ± 140,500 square feet. Both the existing and proposed structures could be utilized for any of the permitted land uses in the CR (Commercial Regional) zone district. The replacement commercial structure will be smaller and have less capacity than the existing structure and thus not exceed the substantially-same-size threshold allowed under this class of exemption. The replacement structure will have substantially the same purpose as the prior one. The project further proposes the relocation/replacement of a telecommunication line approximately 90-feet eastward of its current location and the relocation/replacement of an 8-inch water pipe approximately 65-feet eastward of its current location. The replacements will involve negligible or no expansion of capacity. Therefore, the project is categorically exempt pursuant to Section 15302/Class 2. Under Section 15332/Class 32, the proposed project is exempt from CEQA requirements when the project is characterized as in-fill development meeting the following conditions: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Given the conditions of approval, Conditional Use Permit Application No. P25-03031 will be consistent with all applicable development standards contained in Fresno Municipal Code Chapter 15, Articles 12 (Commercial Districts), 15-2737 (Large-Format Retail), 23 (Landscape), 24 (Parking), and 25 (Performance Standards). Furthermore, the project has been found to be consistent with the Hoover Community Plan and the applicable Goals and Policies of the Fresno General Plan as follows: Hoover Community Plan: Page 25 of the Hoover Community Plan emphasizes the plan’s refinement and continuation of the General Plan’s goals and policies. Therefore, consistency with the General Plan is consistency with the Hoover Community Plan. General Plan Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available… The project promotes development of re-developable land within the City Limits where urban services are available. Objective LU-6: Retain and enhance existing commercial areas to strengthen Fresno’s economic base… The project will enhance the existing Fashion Fair Mall with a modern anchor tenant building and associated multi-purpose outdoor area. Mall management has stated that the new structure will eliminate problems experienced with the current anchor structure and be more marketable and attractive for the mall’s future growth plans. Thus, enhancing the mall with this new anchor building will contribute to the mall’s physical and financial growth which will further contribute to Fresno’s economic base. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project is located within City limits, occurs on a ± 3.09-acre site, less than the five-acre maximum, and is surrounded by commercial land uses. The project site is surrounded by parking lots for the mall and the mall itself. Across the streets on the north and east sides of the project site are additional commercial land uses and structures, and abutting the mall on the south side is a medical office building. Therefore, it can be concluded that commercial uses substantially surround the site. c) The project has no value as habitat for endangered, rare or threatened species. The project site is an existing mall anchor tenant building and associated parking lots. Furthermore, most special-status animal species known to occur in the region are not expected to occur within the project area based on the lack of suitable habitat, lack of connectivity to natural areas, and frequent site disturbance. Therefore, the project site has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. ? The project will not result in any significant effects on traffic because the project did not exceed any established City of Fresno thresholds that require a Traffic Impact Study. Furthermore, the project screened out of a Vehicle Miles Traveled analysis due to its proximity to a high-quality transit corridor. ? The project will not result in any significant effects to noise because the project will be compliant with City of Fresno noise standards outline in Fresno Municipal Code Section 15-2506. ? The project will not result in any significant effects to air quality because the demolition of the existing building and construction of the new building will comply with all applicable air quality standards relating to demolition and construction. Furthermore, the new building will be constructed per the latest Building Codes maximizing its efficiency once operational. Maximum efficiency reduces a project’s direct and indirect effects on air quality. ? The project will not result in any significant effects to water quality because the project will comply with all regulations dictating retail operations and waste management thus preventing the contamination of water. e) The site can be adequately served by all required utilities and public services. The project has been reviewed and conditioned by the Fresno Irrigation District, Fresno Metropolitan Flood Control District, Fresno County Public Health Department, City of Fresno Public Works Department, City of Fresno Police Department, City of Fresno Public Utilities Department, and the City of Fresno Fire Department. In addition, given that the surrounding properties and neighborhoods have been substantially developed and utilities and public services already exist in the area, the site can be adequately served by all required utilities, including sewer, water, and solid waste, as well as public services. Therefore, the project is categorically exempt pursuant to Section 15332/Class 32. The City evaluated the exceptions to categorical exemptions listed in CEQA Guidelines Section 15300.2 and determined none apply: • Location (15300.2(a)): An “environmental resource,” as used in this regulation, refers to “a ‘natural resource of wealth or revenue,” or a nature feature or phenomenon that enhances the quality of human life.’” (Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880, 891.) The project site is not located in a sensitive environment which will impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. It is located on a developed portion of property at an existing shopping mall. There are no known environmental resources on this site. • Cumulative Impact (15300.2(b)): The project proposes the redevelopment of an existing anchor tenant pad at Fashion Fair Mall. It does not contribute to successive, related environmental impacts over time. • Significant Effect / Unusual Circumstances (15300.2(d)): There are no unusual circumstances or reasonable possibilities of a significant environmental effect. The project proposes the redevelopment of an existing anchor tenant pad at Fashion Fair Mall. The tenant pad will accommodate a tenant with classified land uses of large-format retail and small-scale entertainment and recreation. The land uses are permitted within the CR (Commercial Regional) zone district. • Scenic Highways (15300.2(d)): The project will not damage scenic resources within an officially designated state scenic highway. • Hazardous Waste Sites (15300.2(e)): The project does not involve physical excavation or ground disturbance on a site compiled pursuant to Government Code Section 65962.5. • Historical Resources (15300.2(f)): The property is not a historically designated resource nor is it located in a historic district. However, the proposed demolition of a structure older than 50 years old required the Historic Preservation Commission to determine if the building was eligible for listing in the Local Register of Historic Resources. A Historic Resource Evaluation was prepared and submitted by the applicant. On March 23, 2026, the Commission held a noticed public hearing and determined based on the evidence that the building is ineligible for listing in the Local Register of Historic Resources. Therefore, the project has no impact on historic resources. Therefore, the proposed project will not have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project.