REPORT TO THE PLANNING COMMISSION
December 6, 2017
FROM: MIKE SANCHEZ, Assistant Director
Development Services Division
THROUGH: WILL TACKETT, Supervising Planner
Development Services Division
BY: MARGO LERWILL, Planner
Development Services Division
SUBJECT
Title
Consider Plan Amendment Application No. A-17-011, Rezone Application No. R-17-016, Development Permit Application No. D-17-128, and related Environmental Assessment No. A-17-011/R-17-016/D-17-128, filed by Terra Mortensen of Galloway & Company, Inc. for approximately 1.38 acres of property located on the northeast corner of North Glenn and West Nees Avenues. (Council District 2 - Brandau)
1. RECOMMEND APPROVAL (to the City Council) of the adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-011/R-17-016/D-17-128 dated December 1, 2017.
2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. A-17-011 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use designation for the subject property from Community Commercial to Business Park.
3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-17-016 requesting authorization to rezone the subject property from the CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) to the BP/UGM (Business Park/Urban Growth Management) zone district.
4. RECOMMEND APPROVAL (to the City Council) of Development Permit Application No. D-17-128 requesting authorization to construct an 11,878-square-foot tire center in accordance with the Automobile/Vehicle Repairs, Major use classification.
Body
EXECUTIVE SUMMARY
Terra Mortensen of Galloway & Company, Inc. has filed Plan Amendment Application No. A-17-011, Rezone Application No. R-17-016, and Development Permit Application No. D-17-128 pertaining to approximately 1.38 acres of property located on the northeast corner of North Glenn and West Nees Avenues. Plan Amendment Application No. A-17-011 proposes to amend the Fresno General Plan and Bullard Community Plan planned land use designation for the subject property from Community Commercial to Business Park. Rezone Application No. R-17-016 proposes to amend the Official Zone Map to reclassify the subject property from the CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) zone district to the BP/UGM (Business Park/Urban Growth Management) zone district. Development Permit Application No. D-17-128 proposes to construct a tire center in accordance with the Automobile/Vehicle Repairs, Major us classification.
BACKGROUND
Plan Amendment Application No. A-17-011 and Rezone Application No. R-17-016 have been filed in order to facilitate development of a Les Schwab Tire Center pursuant to Development Permit Application No. D-17-128.
The Fresno Municipal Code defines tire sales and installation as well as wheel and brake shops under the Automobile/Vehicle Repair, Major use classification. The Automobile/Vehicle Repair, Major use is not identified as being permitted within the existing CC (Community Commercial) zone district. The applicant proposes to change the planned land use designation and rezone the subject property to BP (Business Park), which permits Automobile/Vehicle Repair, Major uses, by-right. The Fresno Municipal Code provides that the BP (Business Park) zone district is intended to accommodate and allow for the expansion of businesses proximate to residential uses and the applicable development standards provide appropriate interface and transition standards for residential adjacency. Therefore, the proposed Business Park land use and zoning designations may be determined to be appropriate for purposes of facilitating the proposed development and use of the subject property.
Rezone Application No. R-17-016 also proposes to remove existing conditions of zoning no longer pertinent. These conditions of zoning were adopted with Rezone Application No. R-6664 through City Council adoption of Ordinance No. 83-54. The conditions of zoning preceded adoption of the current Fresno General Plan, the Citywide Development Code and Citywide Rezoning. The conditions of zoning required conformance with the development standards of the C-2 zone district, which no longer exists; as well as, the provision of permanent flood control facilities, which the Fresno Metropolitan Flood Control District has indicated are existing and adequate to accommodate runoff from the proposed project.
Cross Access
Currently a driveway exists between the subject property (APN 402-440-07) and the developed commercial property (APN 402-440-06) immediately east of the location. As previously existing buildings on the subject site have been demolished and the property is vacant land, a chain link fence has been erected around the site in conjunction with the existing block wall along the northerly property line. A gate in the chain link fence currently blocks access to the subject property through the driveway connecting it to the abutting commercial development.
A covenant for cross-easement recorded May 20, 1987, as conditioned by the City of Fresno in Site Plan Review No. 9275, is in place between the subject property and the developed commercial property immediately to the east of the subject property. Conditions of Approval dated December 6, 2017 require the removal of the gate blocking access at the existing driveway between the two properties.
Noise
Potential noise sources at the project site would occur primarily from the roadway noise from West Nees Avenue along the respective frontage of the subject site; North Blackstone Avenue and Freeway 41 to the east; and, from stationary noise sources which could potentially emanate from future uses developed on the site, in this case, a tire center.
For purposes of City analyses of noise impacts, and for determining appropriate noise mitigation, a significant increase in ambient noise levels is assumed if the project causes ambient noise levels to exceed the following: (1) The ambient noise level is less than 60 db Ldn and the project increase noise levels by 5 dB or more; (2) The ambient noise level is 60-65 dB Ldn and the project increases noise levels by 3 dB or more; or, (3) The ambient noise level is greater than 65 dB Ldn and the project increases noise levels by 1.5 dB or more.
The subject property is located on West Nees Avenue west of North Blackstone Avenue and Freeway 41, an area which is noted in the Fresno General Plan (Figure NS-2) as having an existing noise contour of 65 to 70 dB abutting West Nees Avenue, with a noise level of 60 to 65 dB extending beyond the immediate roadway area to include the residential developments north and west of the proposed location.
It is anticipated that the operation of the proposed tire center would generally not produce sounds above 55 dB more than 100 feet away. Intermittently (<1 second per sound), the proposed use would be expected to produce noise at a maximum of 62dB 100 feet away and directly east of the service bays. The distance from the service bays, situated to face east, and the nearest multi-family residential building located to the north is approximately 145 feet with a block wall and carports located on the residential property line abutting the proposed project.
The proposed project Operational Statement (Exhibit L) specifies the business Hours of Operation to be Monday through Friday from 8:00AM until 6:00PM and Saturday from 8:00AM until 5:00PM. These hours were intended by the project owners as a way to limit noise nuisances to nearby residents to hours when resident would most likely be working and least likely to be sleeping.
Additionally, it should be noted that Title 24 of the California Building Code sets out energy conservation requirements, which have also greatly helped mitigate indoor noise levels by requiring dual-pane windows and additional insulation in buildings. The proposed project, as noted in the project’s Indirect Source Review with the San Joaquin Valley Air Pollution Control District, is expected to exceed Title 24 requirements by 1.1%.
Traffic noise level exposure along West Nees Avenue is expected to remain in the 65 to 70 dB Ldn for future (2035) traffic conditions and to increase from the 60 to 65 dB range to the 65 to 70 dB range at the distance encompassing the multi‐family residential north and west of the subject property.
Based upon the above‐described conditions, the noise levels for the proposed project constitute a negligible to less than significant increase to the City’s applicable exterior noise level standard for commercial uses. Although not required to submit an acoustical study, the project will be required to comply with all noise policies and mitigation measures identified within the Fresno General Plan and MEIR as well as the noise ordinance of the Fresno Municipal Code. Additional mitigation is not required.
Traffic Analysis
The project site is located in Traffic Impact Zone (TIZ) III. Traffic Impact Zone III allows for 100 peak hour trips to be generated by a project before a Traffic Impact Study is required.
A Trip Generation Analysis performed by Peters Engineering Group (Exhibit M) projected the proposed tire center use would generate 17 vehicle trips during the morning peak hour travel period (7 to 9 a.m.), 29 vehicle trips during the evening peak hour travel period (4 to 6 p.m.) on a weekday, and 269 average daily trips. These projections indicate a decrease in traffic from the previous use as a garden center. Upon evaluation of the Trip Generation Analysis, the City of Fresno Public Works Department, Traffic and Engineering Services Division determined that this did not represent a significant change in traffic beyond the existing level generated by this previously developed use of the site. Furthermore, the vehicle trips generated are not projected to exceed the 100 peak hour trip threshold for TIZ III. Therefore, a traffic impact study is not required at this time.
Accordingly, the Public Works Department/Traffic Engineering Division has determined, based upon the expected traffic yield and generation of the project, that the proposed use and development of the subject property will not adversely impact the existing and projected circulation system based upon implementation of the mitigation measures included within the MEIR.
The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system; no substantial increase in transportation or traffic is expected to result from the proposed project.
Land Use Plans and Policies
The proposed project aligns with objectives and policies found in the Fresno General Plan and the Bullard Community Plan.
Fresno General Plan
The Fresno General Plan currently designates the subject site for Community Commercial. Plan Amendment Application No. A-17-011 proposes to amend the Fresno General Plan and Bullard Community Plan planned land use designation for the subject property from Community Commercial to Business Park. The proposed project is compatible with goals, objectives, and policies included in the Fresno General Plan, including:
Goal No. 1 of the Fresno General Plan encourages the use of urban form, land use, and Development Code policies to streamline permit approval, promote local educational excellence and workforce relevance, significantly increase business development and expansion, retain and attract talented people, create jobs and sustained economic growth, strategically locate employment lands and facilities, and avoid over-saturation of a single type of housing, retail or employment.
Goal No. 8 of the Fresno General Plan encourages the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. Healthy communities demonstrate efficient development patterns providing for: A mix of land uses and a built environment that supports walking and biking; Multimodal, affordable transportation choices; and, Safe public spaces for social interaction.
This Goal contributes to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan.
Goal No. 12 of the Fresno General Plan encourages the resolution of existing public infrastructure and service deficiencies, full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth.
Objective UF-14 of the Fresno General Plan promotes urban form that facilitates multi-modal connectivity.
Implementing Policies LU-1-a and LU-2-a of the Fresno General Plan promote development of vacant, underdeveloped, and re-developable land within the within the Existing City Limits as of December 31, 2012 where urban services are available.
Objective LU-6 of the Fresno General Plan promotes the retention and enhancement of existing commercial areas to strengthen Fresno’s economic base and development of new office, retail, and lodging use districts on sites which will serve neighborhoods and regional visitors.
Fresno General Plan Policy LU-6-a fosters high quality design, diversity, and a mix of amenities in new development with uses through the consideration of guidelines, regulations and design review procedures.
The subject property has remained vacant since the demolition of the landscape nursery that previously operated at the location. The property is an appropriate infill site as it has existing infrastructure and is adjacent to built-out urban uses, including a commercial shopping center immediately to the east and regional shopping centers immediately south across West Nees Avenue and on the southeast corner of West Nees Avenue and North Blackstone Avenue. The proximity of the project site to the Blackstone Avenue bus rapid transit corridor makes it convenient for residents to leave their vehicles for service and access transit for commuting and shopping. The proposed project’s pedestrian connectivity promotes access to the regional commercial areas within easy walking distance.
Bullard Community Plan
Upon reviewing the policies contained in the Plan, staff has determined that there are no policies that are more restrictive than those contained in the FMC. The proposed project is compatible with goals and policies included in the Bullard Community Plan, including:
Goal 4.2.3-6 promotes mixed use development within the office land use designation, in order to minimize vehicular trips, promote innovative design and to allow for the flexibility to meet changing market needs.
The proposed project, with cross access to the commercial development abutting it to the east, enhances the mix of uses concentrated at North Blackstone and West Nees Avenues. The project location, along a bus rapid transit route, also facilitates the ability of residents to leave their vehicles for service at the location and access transit for commute travel or walk to the wide range of commercial locations and services in the immediate vicinity.
PUBLIC INPUT AND NOTICING
District 2 Plan Implementation Committee
The District 2 Plan Implementation Committee reviewed the proposed project at their regular meeting on November 13 and voted 5-0 to recommend approval of the project.
Neighborhood Meeting
A neighborhood meeting was held at Mountain View Elementary School on Monday, August 7, 2017 at 6:00 p.m., pursuant to Section 15-5805 and 15-5006 of the FMC. The meeting was noticed to 500 feet of the subject property. After the notice was distributed, one letter of protest (Exhibit N) was emailed by an area homeowner to the office of Councilmember Brandau expressing concerns that the proposed use would create a noise nuisance, lower property values in the area, and increase traffic and crime. However, no members of the public attended the neighborhood meeting.
Notice of Planning Commission Hearing
DARM staff mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property (Exhibit G) on Tuesday, November 21, 2017, pursuant to Section 15-5007-B-2 of the FMC.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the area, including the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (MEIR).
The City of Fresno has conducted an initial study of the above-described project, and it has been determined to be a subsequent project that is not fully within the scope of the MEIR prepared for the Fresno General Plan as provided by CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, DARM proposes to adopt a Mitigated Negative Declaration for this project.
It has been further determined that all applicable mitigation measures identified within the Fresno General Plan MEIR have been applied to the project, together with specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by CEQA Section 15178(a). In addition, pursuant to PRC Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have 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 upon the attached environmental assessment and with the project specific mitigation imposed, staff has determined that there is no substantial evidence in the record that the project may have a significant direct, indirect, or cumulative effect on the environment and has prepared a mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment No. A-17-011/R-17-016/D-17-128 was published in the Fresno Bee on and a Notice of Intent filed with the Fresno County Clerk on December 1, 2017.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings of Section 15-5812 of the Fresno Municipal Code can be made. These findings are attached as Exhibit P.
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 Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Plan Amendment Application No. A-17-011, Rezone Application No. R-17-016, and Development Permit Application No. D-17-128 are appropriate for the subject property. Action by the Planning Commission will be a recommendation to the City Council.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Planned Land Use Map
Exhibit D - Zoning Map
Exhibit E - Proposed Plan Amendment
Exhibit F - Proposed Rezone
Exhibit G - Noticing Map
Exhibit H - Site Plan
Exhibit I - Floor Plan
Exhibit J - Elevations
Exhibit K - Landscape Plan
Exhibit L - Operational Statement
Exhibit M - Trip Generation Analysis
Exhibit N - Protest Letter
Exhibit O - Conditions of Approval dated December 6, 2017
Exhibit P - Fresno Municipal Code Findings
Exhibit Q - Environmental Assessment