REPORT TO THE PLANNING COMMISSION
July 17, 2024
FROM: ISRAEL TREJO, Planning Manager
Planning & Development Department
THROUGH: ROB HOLT, Supervising Planner
Planning & Development Department
BY: JOHN GEORGE, Planner III
Planning & Development Department
SUBJECT
Title
Hearing to consider Vesting Tentative Tract Map No. 6192; Planned Development Permit Application No. P23-03377; and related Environmental Assessment No. T-6192/P23-03377 for approximately 15.82 acres of property located on the northeast corner of North Blythe and West Dayton Avenues (Council District 1) - Planning & Development Department.
1. ADOPTION of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6192/P23-03377 dated June 27, 2024, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. APPROVAL of Vesting Tentative Tract Map No. 6192 proposing to subdivide approximately 15.82 acres of the subject property into a 128-lot single-family residential development, subject to compliance with the Conditions of Approval dated July 17, 2024.
3. APPROVAL of Planned Development Permit Application No. P23-03377 proposing to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for an increase in maximum lot coverage, and a reduction in the minimum lot size, front yard, rear yard, street side and garage from primary facade setbacks subject to compliance with the Conditions of Approval dated July 17, 2024.
Body
EXECUTIVE SUMMARY
Precision Civil Engineering, on behalf of DR Horton, has filed Vesting Tentative Tract Map No. 6192 and Planned Development Permit Application No. P23-03377 pertaining to approximately 15.82 acres of property located on the northeast corner of North Blythe and West Dayton Avenues.
The subject property is located within the boundaries of the Fresno General Plan and West Area Community Plan, and both plans designate the subject property for Medium Density Residential (5.0 to 12 du/ac). The proposed density of the subdivision is 8.09 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 located on the northeast corner of North Blythe and West Dayton Avenues. The general vicinity surrounding the subject property consists primarily of single-family residential and rural residences. Adjacent north and west of the subject property are vacant and rural residential properties. Adjacent south and east of the subject property are single-family residential neighborhoods.
Planned Development
Planned Development Permit Application No. P23-03377 requests authorization for a gated entrance and private streets and to modify the minimum setback requirements as follows:
• Front yard from 13 feet to 10 feet
• Street side yard from 10 feet to 5 feet
• Rear yard from 10 feet to 5 feet for Lots 1-50, 65, and 115-128.
All of the proposed lots along the outer edge of the development, i.e. lots 51-114, will be required to maintain a 10’ rear yard setback to living space since they currently abut existing or future development. This applies to all lots along the outer edge except for lot 65.
Additionally, the Planned Development Permit requests authorization to reduce the minimum lot size from 4,000 square feet to 2,500 square feet and increase the maximum lot coverage from 60 percent to 80 percent. It should be noted that the requested increase to 80-percent lot coverage shall only be allowed so long as it complies with the requirements of the Fresno Metropolitan Flood Control District.
Proposed lots 115-128 are double frontage lots. Said lots are required to relinquish access to West Dayton Avenue. Lots 115-128 are required to provide a 10’ landscape setback area and block wall along West Dayton Avenue.
Landscaping/Walls/Open Space
Given that the proposed subdivision is located along a collector street (North Blythe Avenue), pursuant to Policy W-3-c of the West Area Community Plan, a 15-foot landscaped setback along all collector streets (North Blythe Avenue) shall be provided. A six-foot (6’) masonry wall will also be required at the rear of the landscaped setback.
The developer is required to provide street trees on all public street frontages per Fresno Municipal Code (FMC) Section 15-4108. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per home (whichever is greater) by the Developer. Furthermore, the developer is required to provide irrigation for all street trees.
The long-term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all 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 these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District (CFD) No. 11. The public improvements eligible for service in CFD No. 11 include landscaped areas, irrigation systems, curbs, gutters, and sidewalks. The site shall provide their fair share of funding for maintenance of public improvements within the area.
Open Space
Additionally, an approximately 12,197 square-foot open space area is proposed at the central area of the proposed subdivision. The amount of open space provided within the tract map meets the minimum requirement of FMC Section 12-4.705. For 128 lots, the minimum requirement is 10,504 square feet of open space.
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 subject to implementation of the Fresno General Plan policies, and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
For sanitary sewer service, these infrastructure improvements and facilities include typical requirements including the construction and extension of sanitary sewer mains and branches within the interior of the proposed tract, including the connection to the existing 15-inch sewer main in West Dakota Avenue, as well as typical requirements including the construction and extension of sanitary sewer branches within the interior of the proposed tract map. The proposed project will also be required to provide payment of sewer connection charges. Additionally, the applicant will be responsible for constructing an 8-inch sanitary sewer main from the existing 15-inch sewer main in West Dakota Avenue, located north of the Project, to the south property line of said Project.
The nearest water mains to serve the Project are a 14-inch water main located in North Blythe Avenue and an 8-inch water main located in West Dayton Avenue. Required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract, providing an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (“FMFCD”), the subject site is not located within a flood prone or hazard area. Permanent drainage service is not available and FMFCD recommends temporary facilities until permanent service is available. Drainage from the site shall be directed to West Dayton Avenue. Because the proposed project is gated with private streets, a stub street to the north will not be constructed resulting in a requirement for the developer to construct a drainage channel and dedication of a Drainage Channel easement. As required within the conditions of approval for the project, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District.
Fire Department
The Fire Department offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search, and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limit, in addition to having mutual aid agreements with the Fresno County Fire Protection District and the City of Clovis Fire Departments.
Based on the conditions received from the Fire Department dated July 1, 2024, the subject property will be served by Fire Station 16, which is located at 2510 N Polk Avenue, approximately 1.3 miles away.
Streets and Access Points
The Fresno General Plan designates North Blythe Avenue as a collector street. The proposed project will take access from one access point on West Dayton Avenue via a gated entrance, and an emergency vehicle access point will be provided from the end of the cul-de-sac adjacent to North Blythe Avenue along the western subdivision boundary. The gated entrance on West Dayton Avenue will be modified prior to final map approval to provide acceptable access for emergency vehicles and trash trucks. The developer will also construct interior private streets which have been modified from the City of Fresno Public Works standards with 30-foot and 40-foot right-of-way widths.
On-street parking within the development will be allowed on one side of the street, those streets with 40-foot right-of-way widths, and no parking will be allowed anywhere on the streets with 30-foot right-of-way widths. The project will develop sidewalks on both sides of all streets to encourage and promote pedestrian connectivity.
Traffic Impact Study
The Fresno General Plan designates North Blythe Avenue as a collector street. The proposed project will be required to dedicate and construct improvements along all major street frontages within the proposed subdivision. Direct vehicular access will be relinquished along all major street frontages of single-family residential lots. The subdivision design includes one major street entryway to the interior of the subdivision from West Dayton Avenue. Interior private streets are proposed to be constructed in accordance with 30-foot and 40-foot right-of-way widths.
The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan, which generally represents areas near or outside the City Limits, but within the Sphere of Influence as of December 31, 2012. In accordance with Policy MT-2-I of the Fresno General Plan, when a project is projected to generate 100 or more peak hour new vehicle trips, a Traffic Impact Study is required in order to assess the impacts of new development projects on existing and planned streets. Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed project would generate 1,207 Average Daily Trips (ADT), with 90 vehicle trips occurring during the morning peak hour travel period (7 to 9 a.m.) and 120 vehicle trips occurring during the evening peak hour travel period (4 to 6 p.m.). Therefore, a Traffic Impact Study was prepared to assess the impacts of the new development on existing and planned streets.
A Traffic Impact Analysis (TIA) was prepared to assess the impacts of new development on existing and planned streets. The TIA evaluated the impacts of the project by analyzing the following three study intersections in the vicinity of the project during the AM and PM peak hours for the traffic analysis scenarios required by the City of Fresno. These scenarios include: (1) Existing Traffic Conditions; (2) Existing plus Project Traffic Conditions; (3) Near Term plus Project Traffic Conditions; and (4) Cumulative Year 2040 plus Project Traffic Conditions.
Study Intersections:
1. Dakota and Cornelia Avenues
2. Dakota and Blythe Avenues
3. Dakota and Peach Avenues
The City of Fresno General Plan includes multiple policies related to transportation funding and regional level coordination. These policies are crafted so that new development pays the proportional share of the developments impacts. These policies identify continued support for the implementation of metropolitan-wide and region-wide transportation impact fees to cover the proportional share of the developments impacts and need for a comprehensive multi-modal transportation system that are not funded by other sources.
The project conditions of approval and mitigation measures also require payment of the Fresno Major Street Impact (FMSI) Fee, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Regional Transportation Mitigation Fee (RTMF).
The Fresno General Plan establishes growth projections through the General Plan Horizon year of 2035 as well as through build out of the General Plan. The General Plan includes goals, objectives, and implementing policies for the transportation system. A General Plan traffic model was prepared that was consistent with the goals, objectives, and policies of the General Plan. In accordance with the identified transportation needs based on traffic volume growth forecasts generated by the traffic model, the City’s Public Works Department subsequently provided an FMSI Fee Program.
The proposed project shall pay its Fresno Major Street Impact (FMSI) fee, which will be determined at the time of building permit. This FSMI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee.
The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) that plan to build out the General Plan circulation element and are included in the Nexus Study for the TSMI fee. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required) and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location. For project specific impacts that are not consistent with the General Plan, Public Works Standards, and/or not incorporated into the TSMI fees, the infrastructure costs may not be eligible.
The Public Works Department, Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements outlined within the memoranda from the Traffic Engineering Division dated March 4, 2024 (Exhibit J). These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Local street dedications; (3) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (4) 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).
The proposed project shall install a traffic signal with protected left-turn phasing per City of Fresno standards at the intersection of North Blythe Avenue at West Dakota Avenue prior to issuance of 51 building permits. Permit number 51 will not be issued until this traffic signal is constructed and operational. The traffic signal equipment shall be installed in the ultimate location and may require the acquisition of right-of-way. The intersection shall be designed to the following configuration:
• Eastbound - one (1) left turn lane*, one (1) through lane* and one (1) right turn lane.
• Westbound - one (1) left turn lane*, one (1) through lane* and one (1) right turn lane*.
• Northbound - one (1) left turn lane*, one (1) through lane* and one (1) right turn lane.
• Southbound - one (1) left turn lane*, one (1) through lane*, and one (1) right turn lane.
• Bike lanes and conflict markings shall be provided in all directions*.
*Denotes lanes that shall be constructed.
The proposed project shall construct a Safe Route to School path of travel (Minimum four feet wide) from the northern property line along the east side of North Blythe Avenue to West Dakota Avenue and on the north side of West Dakota Avenue from North Blythe Avenue to the eastern property line of APN 511-200-30T.
The proposed site plan shall be reviewed and approved by the City of Fresno Traffic & Engineering Services Division, Land Planning & Subdivision Inspection Section. The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standards/requirements.
Therefore, the Public Works Department/Traffic Engineering Division has determined that, based upon the proposed traffic yield from and the expected traffic generation of the proposed project for the subject property, the proposed project will not adversely impact the existing and projected circulation system based upon implementation of the mitigation measures included within the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 (“PEIR”) and based upon compliance with the project specific mitigation measures referenced herein (Exhibit J).
Housing Element
This project is located on a parcel listed in the 2013-2023 Regional Housing Needs Allocation (RHNA) Housing Element Sites Inventory, which anticipates a minimum capacity of 77 above moderate-income units for this site. The 2013-2023 RHNA obligation for above moderate-income units is 10,116 and the existing surplus capacity is 5,394 for a total existing capacity of 15,510 units. This project proposes 128 units of above moderate-income housing.
As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.
Land Use Plans and Policies
The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:
• Goal 7: Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city.
• Goal 9: Promote a city of healthy communities and improve quality of life in established neighborhoods.
Objective UF-1 Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.
Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
Policy LU-5-c Promote medium density residential uses to maximize efficient use of residential property through a wide range of densities.
Policy LU-5-h supports housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.
Policy D-4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards.
Therefore, it is Staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy, or regulation of the City of Fresno.
Council District Project Review Committee
The Council District 1 Project Review Committee reviewed the proposed project at its regular meeting on March 14, 2024. Two Committee members recommended approval of the project and two Committee Members recommended denial of the project. Members of the Committee recommending denial expressed concern about the width of the streets and the potential risk it created for children in the development. They also expressed concern about the possible effects of a Homeowners Association on the project and would socially exclude buyers with lower socioeconomic backgrounds such as laborers or farm workers. Finally, they expressed concerns about the presence of gates in the project, the small size of the lots, and that the applicant should better understand the clientele for the project.
Staff Response
The proposed subdivision design includes sidewalks on both sides of the private streets. The proposed design also includes an 18’ setback from the back of sidewalk to garage, allowing for vehicles to park on the driveway without blocking the sidewalk.
Additionally, the amount of open space proposed exceeds the minimum requirement of open space, and the smaller lot sizes will allow for less maintenance and water use for those that desire this type of product.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1000 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 environmental assessment initial study 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 West Area Community Plan area, including the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 (“PEIR”). 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; traffic carrying capacity of the planned major street system.
Based upon the attached environmental assessment and applicable mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment that cannot be reduced to less than significant with incorporation of relevant mitigation measures. As such, Staff has prepared a Mitigated Negative Declaration for this project pursuant to the requirements of CEQA Guidelines Section 15070. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6192/P23-03377 (Exhibit K) was published in the Fresno Bee on June 27, 2024, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, Staff concludes that the required findings contained within FMC Sections 15-3309 and 15-5905 et seq. 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 planned development, and tentative tract map and has determined that none of the findings above apply to the project and, therefore, has recommended approval subject to the conditions of approval.
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 West Area Community Plan; compliance with the provisions of the FMC; 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 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. Upon consideration of this evaluation, it can be concluded that the proposed projects are appropriate for the project site.
ATTACHMENTS:
Exhibit A - Vesting Tentative Tract Map 6192 [6-20-2024]
Exhibit A-1 - Planned Development Site Plan [6-20-2024]
Exhibit B - Operational Statement [1-4-2024]
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 6192 [7-17-2024]
Exhibit I - Conditions of Approval for Planned Development Permit App. P23-03377 [7-17-2024]
Exhibit J - Comments and Requirements from Responsible Agencies
Exhibit K - Environmental Assessment No. T-6192/P23-03377 [6-27-2024]
Supplemental Exhibit L - Comments Received after Publication [07.15.2024]