REPORT TO THE PLANNING COMMISSION
November 15, 2023
FROM: JENNIFER CLARK, Director
Planning & Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning & Development Department
BY: CHRIS LANG, Supervising Planner
Planning & Development Department
SUBJECT
Title
Consideration of Tentative Tract Map No. 6392, Planned Development Permit Application No. P23-02692 and the related Environmental Assessment No. T-6392/P23-02692 for approximately 7.71 acres of property located on the south side of East Florence Avenue, between South Walnut and South Fruit Avenues (Council District 3).
1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6392/P23-02692 dated October 27, 2023, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. APPROVE Planned Development Permit Application No. P23-02692, proposing to modify the RS-3 (Single Family Residential, Low Density) zone district development standards to allow for a reduction in the minimum lot width, lot area, and front yard setbacks.
3. APPROVE Tentative Tract Map No. 6392, proposing to subdivide approximately 7.71 acres of the subject property into a 33-lot, single family residential development, subject to compliance with the Conditions of Approval dated November 15, 2023.
Body
EXECUTIVE SUMMARY
Daniel Bond of Gateway Engineering, on behalf of the Fresno Housing Authority, has filed Tentative Tract Map No. 6392 and Planned Development Permit Application No. P23-02692 pertaining to approximately 7.71 acres of property located on the south side of East Florence Avenue between South Walnut and South Fruit Avenues. Tentative Tract Map No. 6392 is a proposal to subdivide the subject property into a 33-lot single-family residential subdivision. The proposed project will provide one hundred percent affordable housing and qualifies for a density bonus of up to 35 percent, or 4.7 dwelling units per acre (du/ac); the proposed density of the subdivision is approximately 4.3 du/ac.
Planned Development Application No. P23-02692 proposes to modify the RS-3 (Single Family Residential - Low Density) zone district development standards to reduce minimum lot size, lot width, and minimum front yard setbacks to facilitate development of the subdivision at the allowed density.
The subject property is located within the boundaries of the Fresno General Plan and Edison Community Plan, and both plans designate the subject property for Low Density Residential (1 to 3.5 du/ac). The existing RS-3/NR/CZ (Residential Single Family, Low Density/Neighborhood Revitalization Overlay/Conditions of zoning) zoning for the subject property is consistent with the Low Density Residential planned land use designation for the subject property. Based upon the submitted subdivision design, modifications to development standards, and conditions of approval, the proposed subdivision can be found consistent with the Low Density Residential planned land use for the subject property.
BACKGROUND
The subject property is a vacant site located on the south side of East Florence Avenue between South Walnut and South Fruit Avenues. The general vicinity surrounding the subject property is primarily residential, with multi-family to the north, single-family residential neighborhoods to the east, and rural residences to the south of the subject property. Property directly to the west is vacant and planned for Medium Density Residential uses.
The applicant is proposing to provide 100 percent affordable housing within the subdivision, and pursuant to Fresno Municipal Code (FMC) Section 15-2204-B, a density bonus of 20 percent is allowed if 10 percent of the total units of a housing development are affordable to lower income households, and for each additional one percent increase above 10 percent of units, the density bonus shall be increased by 1.5 percent, not to exceed the maximum density bonus of 35 percent. Therefore, with 100 percent proposed affordable units, the project qualifies for the maximum density bonus of 35 percent (4.7 du/ac) and will develop within the allowable range, at 4.3 du/ac.
California Housing Shortage
Since about 1970, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years for prices and rents to decline. Approval of the tentative tract map would help contribute to fulfilling the housing needs of the region.
Planned Development
Planned Development Permit Application No. P23-02692 requests authorization to reduce the minimum lot width from 70 feet to 50 feet, corner lot width from 80 to 60 feet, and the minimum lot area from 9,000 square feet to 5,000 square feet in order to allow for development of the subdivision at 4.3 du/ac. Additionally, the applicant proposes to reduce the minimum setback requirement for the front yard to living façade from 25 to 20 feet, street side yard setback from 20 to 10 feet, and the rear yard setback from 20 to 15 feet to provide flexibility and allow for a greater variety of house plans which can be constructed within the subdivision.
Landscaping/Walls/Open Space
The developer is required to provide street trees on all public street frontages per Section 15-4108-N of the Fresno Municipal Code. 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 site is within the existing Community Facilities District No. 11 and shall provide their fair share of funding for maintenance of public improvements within the area.
Trail
The proposed subdivision is located adjacent to and abutting East Florence Avenue. A bicycle/pedestrian trail is to be constructed along the rear of lots with frontage along East Florence Avenue, located within the 26’ wide Outlots “B” and “C”.
Walls
Lots abutting the proposed trail will have a six-foot high concrete/masonry wall constructed on the rear lot lines. Additionally, street side lots which are facing front yards of lots on the opposite side of the street will incorporate a minimum 5-foot landscape strip with six-foot high concrete/masonry wall in accordance with Section 15-4105-G-2-b of the Fresno Municipal Code.
Open Space
Pursuant to Section 12-4.705 of the FMC, residential subdivisions with tentative maps containing 50 parcels or less are required to pay in-lieu fees for open space/park facility purposes; no on-site open space is required due to the limited number of proposed lots. The applicant, however, is proposing an approximate 11,657 sq. ft. open space area at the intersection of East Belgravia and South Modoc Avenues of the proposed subdivision to serve as a neighborhood park. The amount of open space provided meets the minimum requirement of FMC Section 12-4.705.
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 8-inch sewer main in East Florence Avenue. The proposed project will also be required to provide payment of sewer connection charges.
For water service, 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. Construction of non-master plan drainage facilities by the developer will be required to direct drainage from the southwest portion of the proposed map (“B” Street) to East Church Avenue.
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 June 9, 2023, the subject property will be served by Fire Station 3, which is located at 1406 Fresno Street (approximately 1.5 miles away).
Streets and Access Points
The Fresno General Plan designates East Florence Avenue as a local street. The proposed project will take access from East Florence Avenue; construction of East Belgravia Avenue from South Modoc to South Walnut Avenues will also be required and will provide a second point of access. An access point from the west of “B” Street will be provided for access to any future development on the abutting property located to the west of the project site.
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 all applicable standards, specifications and policies of the City of Fresno and responsible agencies to facilitate the future proposed development of the subject property.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed application 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 stipulated within the memoranda from the Traffic Engineering Division dated June 8, 2023. 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.
Vehicle Miles Traveled (VMT)
Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact.
The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.”
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, pursuant to Senate Bill 743 to be effective as of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) published by the Governor’s Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds.
The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis.
The City of Fresno VMT Thresholds Section 3.1 regarding Development Projects states that if a project constitutes a General Plan Amendment or a Rezone, none of the screening criteria may apply, and that the City must evaluate such projects on a case-by-case basis. In this case, the Project includes both a General Plan Amendment and a Rezone. Accordingly, a quantitative VMT analysis is required.
The thresholds of significance were developed using the County of Fresno as the applicable region, and the required reduction of VMT (as adopted in the Fresno VMT Thresholds) corresponds to Fresno County’s contribution to the statewide GHG emission reduction target. In order to reach the statewide GHG reduction target of 15%, Fresno County must reduce its GHG emissions by 13%. The method of reducing GHG by 13% is to reduce VMT by 13% as well.
The City’s adopted thresholds for development projects correspond to the regional thresholds set by the Fresno Council of Governments (COG). For residential projects, the adopted threshold of significance is a 13% reduction, which means that projects that do not result in at least a 13% reduction from the existing regional VMT per capita would have a significant environmental impact. Projects that reduce VMT by 13% or more are considered to have a less than significant impact.
Quantitative assessments of the VMT generated by residential projects having 500 or fewer dwelling units, including the proposed Project, are determined using the COG VMT Calculator Tool (see sections 4.3.1 and 4.3.2 on page 26 of the Fresno CEQA Guidelines for Vehicle Miles Traveled dated June 25, 2020.
According to the CEQA Guidelines for Vehicle Miles Traveled for the City of Fresno, a project is screened out from a VMT analysis and is presumed to have a less-than-significant transportation impact if it has a high level of affordable housing units or if it generates a low volume of daily traffic (less than 500 daily trips).
The proposed project includes 100 percent affordable homes, and it would generate 159 daily trips. As such, based on its high level of affordable housing units and low volume of daily traffic, the proposed project meets the VMT screening criteria of the CEQA Guidelines for Vehicle Miles Traveled for the City of Fresno.
Housing Element
This project is located on a parcel listed in the 2013-2023 Regional Housing Need Allocation (RHNA) Housing Element Sites Inventory, which shows a minimum capacity of 39 units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,189 for a total existing capacity of 15,305 units. This project proposes 33 units of low/very low housing and will therefore reduce the existing above-moderate surplus capacity by 39 units to 5,150. 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 of the General Plan.
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:
• 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.
• Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
• Develop 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.
• Promote a city of healthy communities and improve quality of life in established neighborhoods.
• Improve Fresno’s visual image and enhance its form and function through urban design strategies and effective maintenance.
These goals contribute 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.
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.
Policy UF-1-f promotes the use of Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
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.
Objective UF-14 directs the City to create an urban form that facilitates multi-modal connectivity, by creating the opportunity for people to travel through a variety of modes of transportation, including biking and walking.
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.
This project supports the above-mentioned policies in that the density and intensity of the proposed development conform to the applicable Low Density Residential land use designation of the Fresno General Plan and Edison Community Plan.
The proposed project will provide connectivity through both vehicular and pedestrian integration with adjacent land for future development.
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 3 Project Review Committee reviewed the proposed project at their regular meeting on June 27, 2023, and voted to recommend approval of the project, 4 votes to 0.
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 Section 15-5007 of the FMC (Exhibit F).
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 Edison 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; and traffic carrying capacity of the planned major street system.
The proposed project has been determined to be a subsequent project that is not fully within the scope of the PEIR as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, the Planning and Development Department proposes to adopt a Mitigated Negative Declaration for the proposed project, which is tiered off the PEIR.
It has been further determined that all applicable mitigation measures of the PEIR have been applied to the project, together with project specific mitigation measures, as 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 PEIR as provided by CEQA Section 15178(a). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR 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 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) and CEQA Guidelines Section 15178(b).
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 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-6392/P23-02692 (Exhibit J) was published in the Fresno Bee and posted with the Fresno County Clerk on October 27, 2023, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Sections 15-3309 and 15-5905 of the Fresno Municipal Code can be made. These findings are attached as Exhibit E.
GROUNDS FOR DENIAL OF TENTATIVE MAP
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. (California Government Code §66474.)
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 determined that none of the findings above apply to the project and, therefore, recommends 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 Edison 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 Sections 15-3309 and 15-5905 of the FMC 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 - Tentative Tract Map 6392 [4-17-2023]
Exhibit A-1 - Planned Development Site Plan [11-6-2023]
Exhibit B - Operational Statement
Exhibit C - Aerial Photograph of Site
Exhibit D - Fresno General Plan Land Use Map
Exhibit E - Fresno Municipal Code Findings
Exhibit F - Public Hearing Notice Radius Map
Exhibit G - Conditions of Approval for Tentative Tract Map 6392 [11-15-2023]
Exhibit H - Conditions of Approval for Planned Development Permit P23-02692 [11-15-2023]
Exhibit I - Comments & Requirements from Responsible Agencies
Exhibit J - Environmental Assessment T-6392/P23-02692 [10-27-2023]