REPORT TO THE PLANNING COMMISSION
March 5, 2025
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: ROB HOLT, Supervising Planner
Planning and Development Department
SUBJECT
Title
Consideration of Vesting Tentative Tract Map No. 6475; Planned Development Permit Application No. P24-02520; and related Environmental Assessment No. T-6475/P24-02520 for approximately 5.42 acres of property located on the north side of the East McKinley Avenue alignment between North Armstrong and North Laverne Avenues (Council District 7) - Planning and Development Department.
1. ADOPTION of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6475/P24-02520 dated February 10, 2025, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. APPROVAL of Vesting Tentative Tract Map No. 6475 proposing to subdivide approximately 5.42 acres of property into a 53-lot single-family residential development, subject to compliance with the Conditions of Approval dated March 5, 2025.
3. APPROVAL of Planned Development Permit Application No. P24-02520 proposing to modify the RS-5 zone district development standards to allow for a reduction in the minimum rear yard setbacks and lot size, subject to compliance with the Conditions of Approval dated March 5, 2025.
Body
EXECUTIVE SUMMARY
Nathan Roberts of Yamabe & Horn Engineering, Inc., on behalf of Connor Callaway of Lennar Homes of California, LLC, has filed Vesting Tentative Tract Map No. 6475 and Planned Development Permit Application No. P24-02520 pertaining to approximately 5.42 acres of property located on the north side of the East McKinley Avenue alignment between North Armstrong and North Laverne Avenues.
The subject property is located within the boundaries of the Fresno General Plan and McLane Community Plan, and both plans designate the subject property for Medium Density Residential (6-12 dwelling units per acre (du/ac)). The proposed density of the subdivision is 9.78 du/ac. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property.
BACKGROUND
The subject property is a vacant site located on the north side of the East McKinley Avenue alignment between North Armstrong and North Laverne Avenues. The general vicinity surrounding the subject property consists of agricultural land to the north and east, single-family residential uses and an elementary school to the west, and rural residential uses to the east, within Fresno County.
The project is proposing a 53-lot single-family residential subdivision with an approximately 0.84-acre remainder parcel. The remainder parcel will be required to connect to City water and sewer mains and install a 10-foot-wide landscaped outlot and 6’ high masonry wall along the East McKinley Avenue frontage.
Planned Development
Planned Development Permit Application No. P24-02520 requests authorization to modify minimum setbacks and lot size, as follows:
• Rear yard setback from 10 feet to 5 feet
• Lot size from 4,000 square feet to 2,730 square feet
Landscaping/Walls/Open Space
Pursuant to FMC Section 12-4.705, for 53 lots a minimum of 4,350 square feet of open space is required. The project complies with this requirement by providing an approximately 4,499 square-foot open space in the central area of the proposed subdivision along the East McKinley Avenue alignment.
The proposed subdivision is located along a major street (East McKinley Avenue alignment). Pursuant to Fresno Municipal Code (FMC) Section 15-4105.F.2, the development will be required to install landscaping and irrigation within a minimum 10-foot-wide landscaped outlot abutting all property lines with frontage along the East McKinley Avenue alignment (including the remainder parcel) and a minimum six-foot-high masonry wall. Pursuant to FMC Section 15-4105.G.2.a, major street entryways into the subdivision are required to incorporate enhanced ten-foot-wide landscaped outlots along the street side yards of adjacent lots (lots 30 and 53 of Vesting Tentative Tract Map No. 6475).
The developer is required to provide street trees on all public street frontages per FMC Section 15-4108. Street trees shall be planted at the minimum rate of one tree for each 40' of street frontage or one tree per home (whichever is greater). The developer is also required to provide irrigation for all street trees; the irrigation system shall comply with FMC Section 15-2309 (Irrigation Specifications) and the Model Water Efficient Landscape Ordinance (MWELO) Title 24, Part 11, Chapters 4 and 5 of the CalGreen Building Code.
The long-term maintenance and operating costs, including repair and replacement, of required public improvements (“Services”) associated with new single-family developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the ultimate responsibility of the developer. The developer shall provide for maintenance of these Services by a mechanism approved by the Public Works Department or by annexing to City of Fresno Community Facilities District (CFD) No. 11. Because the subject property was annexed into the City of Fresno on September 14, 2020, the proposed subdivision is also included in CFD No. 18, which offsets the Police and Fire costs of residential projects on properties annexed after August 29, 2020 (pursuant to Resolution No. 2023-273).
Public Services
Public Utilities
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site pursuant to their memorandum dated January 16, 2025.
For sanitary sewer service, required infrastructure improvements and facilities include the construction and extension of sanitary sewer mains and branches within the interior of the proposed tract. This includes construction of an 8-inch sewer main from the existing 8-inch sewer main in East McKinley Avenue (at North Laverne Avenue), easterly across the southerly boundary of the Project to the intersection of East McKinley and North Armstrong Avenues. The proposed project will also be required to pay sewer connection charges.
For water service, required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract. This includes construction of a 16-inch water main from the existing water main in East McKinley Avenue (at North Laverne Avenue), easterly across the southerly boundary of the Project to the intersection of East McKinley and North Armstrong Avenues.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is located within a 100-year floodplain as designated in Flood Insurance Rate Maps and required appropriate floodplain management action. The subject property also contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved, and site development may not interfere with the ability to operate and maintain the canal or pipeline.
The subject property is located in an area that has historically provided a passage for major storm water flows in a southerly direction towards the East McKinley Avenue alignment. The proposed development shall not block the historical drainage patterns; drainage from the site shall be directed towards the proposed Burgan Avenue to the East McKinley Avenue alignment at the southwest corner of the proposed subdivision.
Fire Department
The subject property is located within the boundaries of the Fire Station 10 Service Area. Additional Fire service requirements for development of the proposed project will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources of water. Internal access to the tract is acceptable, and compliance with the provision of two means of emergency access during all phases of construction is required. The project applicant shall comply with the Fresno Fire Department requirements dated December 30, 2024.
Streets and Access Points
The Fresno General Plan designates the East McKinley Avenue alignment as a collector street. The proposed project will take access from two public entrances on the East McKinley Avenue alignment.
The project will require dedications and/or acquisitions for public street rights-of-way and utility easements, as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure, in accordance with applicable standards, specifications and policies of the City of Fresno and responsible agencies.
The Public Works Department’s Traffic Engineering Division has reviewed the proposed project and potential traffic-related impacts, and determined that the streets adjacent to and near the subject site will accommodate the quantity and kind of traffic that may be potentially generated, subject to the requirements of the Traffic Engineering Division’s memorandum dated February 11, 2025. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee.
Council District Project Review Committee
There is no Council District 7 Project Review Committee at this time.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property, pursuant to FMC Section 15-5007 (Exhibit G), and posted in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
ENVIRONMENTAL FINDINGS
An initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Preparation of the initial study included a thorough review of the proposed project and relevant environmental issues. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; and traffic carrying capacity of the planned major street system.
All necessary mitigation measures have been applied to ensure that the project will not cause significant adverse cumulative impacts, growth-inducing impacts, or irreversible significant effects. Additionally, staff has determined that no substantial changes have occurred and that no new information has become available pursuant to Public Resources Code, Section 21157.6(b)(1). Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate, in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
Based on the attached initial study and mitigation monitoring and reporting plan, staff has determined that there is no evidence in the record that the project would have a significant effect on the environment and has prepared a Mitigated Negative Declaration for this project. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6475/P24-2520 (Exhibit J) was published in the Fresno Bee on February 7, 2025, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-3309 et seq. of the Fresno Municipal Code can be made. These findings are attached as Exhibit F.
GROUNDS FOR DENIAL OF TENTATIVE MAP
Section 66474 of the Subdivision Map Act (SMA) (California Government Code §§ 66410, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made.
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access of or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
Staff has reviewed the proposed vesting tentative tract map and planned development and has determined that none of the findings above apply to the project, and has recommended approval subject to the Conditions of Approval (Exhibits H and I).
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the McLane Community Plan; compliance with the provisions of the FMC; compatibility with surrounding existing or proposed uses; and avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits. The proposed project does not meet the findings for denial per the SMA, and staff concludes that the required findings contained within FMC Sections 15-3309 and 15-5905 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the project site.
ATTACHMENTS:
Exhibit A - Vesting Tentative Tract Map 6475 [2-11-2025]
Exhibit A-1 - Planned Development Site Plan [2-11-2025]
Exhibit B - Operational Statement [12-20-2024]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Public Hearing Notice Radius Map (1,000 feet)
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map 6475 [3-5-2025]
Exhibit I - Conditions of Approval for Planned Development Permit Application P24-02520 [3-5-2025]
Exhibit J - Comments and Requirements from Responsible Agencies
Exhibit K - Environmental Assessment T-6475/P24-02520 [2-10-2025]