September 25, 2014
FROM: JENNIFER K. CLARK, AICP, Director
Development and Resource Management
THROUGH: MIKE SANCHEZ, Assistant Director
Development Services Division
BY: BRUCE BARNES, Project Manager
Development Services Division
SUBJECT:
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HEARING to consider Plan Amendment Application No. A-14-002, Rezone Application No. R-14-002, Conditional Use Permit Application No. C-14-012 and related environmental findings filed by Giorgio Russo, on behalf of Ginder Development Corporation, pertaining to approximately 8.21 Acres of property located on the north side of North Figarden Dive between West Bullard and North Gates Avenues (District 2)
1. Consider the environmental finding for a Mitigated Negative Declaration prepared for Environmental Assessment No. A-14-002/R-14-002/C-14-012 for the purpose of the proposed project
2. RESOLUTION-Approving Plan Amendment to amend the 2025 General Plan and Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation
3. BILL-Amending the Official Zone Map to reclassify 8.21acres from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay, 20 feet/Urban Growth Management/conditions of zoning) zone district to the R-2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay, 20 feet/Urban Growth Management) zone district
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RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
1. ADOPT the environmental finding of a Mitigated Negative Declaration (MND) for Environmental Assessment (EA) No. A-14-002/R-14-002/C-14-012 for the purpose of the proposed project.
2. ADOPT RESOLUTION for Plan Amendment Application No. A-14-002 to amend the 2025 Fresno General Plan and Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation.
3. ADOPT ORDINANCE BILL amending the Official Zone Map to reclassify 8.21 acres located on the north side of North Figarden Drive between West Bullard and North Gates Avenues from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay, 20 feet/Urban Growth Management/ conditions of zoning) zone district to the R-2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay, 20 feet/Urban Growth Management) zone district.
EXECUTIVE SUMMARY
Plan Amendment Application No. A-14-002 proposes to amend the 2025 General Plan and the Bullard Community Plan from the Community Commercial planned land use designation to the Medium-High Density Residential land use designation. Rezone Application No. R-14-002 proposes to amend the Official Zone Map to reclassify the subject property from the C-2/BA-20/UGM/cz (Community Shopping Center/Boulevard Area Overlay, 20 feet/Urban Growth Management/conditions of zoning) zone district to the R-2/BA-20/UGM (Low Density Multiple Family Residential/Boulevard Area Overlay, 2 feet/Urban Growth Management) zone district, which would be consistent with the requested medium high-density residential land use designation requested in the plan amendment application. A lot line adjustment has been filed to create the 8.21 acre parcel.
City Council approval of the Plan Amendment, the Rezone and the EA are necessary prior to the approval of Conditional Use Permit Application No. C-14-012, which requests authorization to construct 40 single-story duplexes (80 dwelling units), a clubhouse and community pool for tenants 55 years of age or older. EA No. A-14-002/R-14-002/C-14-012 recommends that an MND be adopted for the above Plan Amendment and Rezone applications and for the related Conditional Use Permit Application. Staff is recommending approval of the subject entitlements.
ENVIRONMENTAL FINDING
An EA initial study was prepared for this project in accordance with the requirements of California Environmental Quality Act (CEQA) Statutes and Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and departments, and other interested parties of record.
Preparation of the EA necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Bullard Community Plan area, including City of Fresno Master Environmental Impact Report (MEIR) No. 10130 certified for the 2025 Fresno General Plan (SCH #2001071097) and the City's approved MND for the Air Quality Update to the General Plan, Plan Amendment A-09-02 (SCH #2009051016). These environmental and technical studies examined issues relating to the subject property and proposed development, including projected wastewater generation, capacity of sanitary sewer collection and treatment facilities; groundwater conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and school facility siting.
The proposed plan amendment, rezone and conditional use permit applications have been determined to be subsequent projects not fully within the scope of MEIR No. 10130 as provided by the CEQA Statutes/Public Resources Code Section 21157.1 and Section 15177 of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Article 11.5) because the plan amendment would change the urban form/land use map of the 2025 Fresno General Plan. The project itself was not found to have any significant adverse impacts; therefore, a finding of MND is recommended, implementing MEIR mitigation measures and project-specific mitigation measures as deemed necessary pursuant to the EA initial study. Conditions are also being incorporated into the conditional use permit project to assure that the project will not cause significant adverse impacts or irreversible significant effects beyond those identified by MEIR No. 10130 or MND No. A-09-02. A copy of EA No. A-14-002/R-14-002/C-14-012 is attached, with the full initial study (including public agency and interdepartmental comments) and its recommended mitigation measure monitoring checklists.
On July 25, 2014 the Notice of Intent was filed with the Fresno County Clerk and a Notice of Intent for a proposed finding of MND for this project was published in the Fresno Bee. As of the date this report was prepared, no inquiries, comments or objections regarding EA No. A-14-002/R-14-002/C-14-012 have been received by the Development and Resource Management Department.
Staff supports a Commission recommendation to the City Council to approve the MND for EA No. A-14-002/R-14-002/C-14-012.
BACKGROUND / ANALYSIS
The 1975 Bullard Community Plan deemphasized Shaw Avenue as being the "community center" and created the Bullard-Brawley Loop, encircled by Figarden Drive, in order to minimize the number of grade crossings and awkward intersections with the Santa Fe Railroad and to provide a unique feature and focal area for the location of the community center function. Basically, the node of intensity that was originally shown at Bullard and Brawley Avenues in the 1965 Bullard Plan was carried forward in modified form to the 1975 Bullard Plan except with a loop street instead of a grid system. The loop area provided for a community shopping center, medium-high and medium density residential uses, educational facilities, i.e., a high school, a junior high, an elementary school, offices, and a community center designation to provide for public buildings such as meeting rooms, cultural centers, city offices, police service center and also to provide for a park/open space network. Although the "loop" area was designated as the "community center" instead of Shaw Avenue, the 1975 Bullard Plan did extend the West Shaw Avenue office strip west to Brawley Avenue in reflection of the County's Shaw Avenue Land Use Policy and its extension, the West Shaw Avenue Amendment. The current 2025 General Plan, adopted in 2002, designates the area as a "Potential Activity Center" as identified in Exhibit 6 of that document.
Land Use Plans and Policies
The subject property is included within the boundaries of the Bullard Community Plan. The attached map of planned land uses in the project vicinity shows that the subject property is designated for Community Commercial uses. The proposed change in planned land use designation for the subject 8.21-acre property would constitute shifting the current boundary of the planned Medium Density Residential land use along this segment of Figarden Drive northwesterly by approximately 400 feet.
The project is consistent with the following Bullard Community Plan Goals noted in Section 4.1.2:
1. Provide for a diversity of housing types and housing opportunities to meet the needs of all ages and income levels.
2. Provide for efficient use of land and the public service delivery system while protecting the integrity of established neighborhoods.
3. Provide for safe, clean and aesthetically pleasing neighborhoods free from excessive traffic and noise.
4. Provide for a compatible relationship between differing housing types and
densities.
This project is consistent with the following 2025 Fresno General Plan Goals, Objectives and Policies:
Goal 1 Enhance the quality of life for the citizens of Fresno and plan for the projected population within the moderately expanded Fresno urban boundary in a manner that which will respect physical, environmental, fiscal, economic, and social issues.
Objective C-9. Plan for diversity and quality residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth, and should make efficient use of resources and public facilities. Commercial land uses shall be classified, located, sized and developed to meet needs for goods and services while minimizing travel requirements, infrastructure demands, and adverse impacts.
Objective C-17. Encourage and facilitate urban infill by building and upgrading community and neighborhood public infrastructure and services that will enhance public health and convenience and the overall experience and quality of city living.
Policy C-9-l High density residential uses shall be designated for those areas supportive of the city's university, college, activity centers and intensity corridors. (The area is designated in Exhibit 6 of the 2025 General Plan as a Potential Activity Center).
The size, configuration, and location of the subject property are suitable for the proposed senior living complex. The building materials and architectural features of the complex are compatible with nearby residential areas found in the project vicinity: Stucco exterior finishes, earth tones, and landscaped buffers. According to the California Department of Aging the population in Fresno County for those aged 60 to 85 will increase 100% between 1990 and 2020. Over that same period the demand from residents aged 85 and older will increase by 50%. During the recent "housing boom" in the middle of the last decade numerous single family and multiple family housing project were built in the area. This was followed by a tremendous growth in commercial uses which followed a northward path from West Shaw Avenue along Brawley Avenue and extended to Figarden Drive (or Loop). The area now has ample commercial uses and to re-designate 8.21 acres of the existing vacant 22 acre site from Community Commercial to the Medium High Residential land use designation is considered less than significant for planning purposes.
The proposed project will have ingress and egress on Figarden Drive, which is designated as an arterial. A secondary entrance will be on Gates Avenue, which is a cul-de-sac and local street. There are no established bus routes in the vicinity of this proposed senior housing project. Each unit will have a two-car garage. In addition there will be 69 guest parking stalls, bringing the total number of parking spaces to 229. Only 120 spaces are required so there appears to be ample parking.
The Department of Public Utilities (DPU) and Fire Prevention Bureau have verified that adequate public service capacity exists for the proposed project. As a result of the change in land use, from community commercial to medium high density residential, there will be very significant reduction in the Average Daily Trips (ADT) as noted below. Therefore, the Traffic Division has indicated that the circulation system will be able to adequately handle the increased level of ADT. Finally, DPU has indicated there is adequate capacity in both the City's water and sewer systems.
Transportation and Circulation
The subject property is located on the north side of North Figarden Drive between West Bullard and North Gates Avenues. Figarden Drive is a planned arterial street and is fully developed in the project vicinity. North Gates south of Figarden Drive is a planned collector and north of Figarden Drive it is a local street. Access to the project will be from both North Figarden and North Gates Avenues. The segment of Figarden Drive abutting the subject property has four travel lanes, a landscaped median island, bike lanes, and pedestrian facilities only on the south side of the street.
Appendix B of the MEIR prepared for the 2025 Fresno General Plan projects that the segment of North Figarden Drive between Gates and Bullard Avenues, from which this project will be required to take its access, would experience 21,410 ADT at full build-out of planned land uses in year 2025, and would operate at an acceptable Level of Service (LOS "D"), an allowable LOS under policies of the 2025 Fresno General Plan.
The Medium Density Residential land use would generate 528 ADT compared with 3,827 ADT for the Community Commercial land use currently planned for the subject property. If applicant's request is approved this parcel would reduce ADT by 3,299 trips for an 84% reduction in ADT. See memorandum from the Public Works Department, Traffic and Engineering Services Division (attached to EA No. A-14-002/R-14-002/C-14-012).
The City's Traffic Engineer requires that this project pay its proportionate share of City major street impact and traffic signalization impact fees, and notes that it is subject to Regional Transportation Mitigation fees.
In summary, the proposed plan amendment, rezone and conditional use permit for development of senior living facility does not create any traffic conflicts or significant adverse traffic impacts, provided that development occurs consistent with Public Works recommended conditions of approval and with payment of the prescribed traffic/transportation and signalization fees.
Public Services
Details of the proposed project were circulated to departments and public agencies for review and comment on May 29, 2014. The comments and conditions received by the Development Services Division have been incorporated into the EA initial study, and will be reflected in the Conditions of Approval for CUP No. C-14-012.
The City's DPU determined that the proposed project can be adequately served by existing water and sewer facilities (see DPU memoranda dated June 6 and June 19, 2014, attached to C-14-012), which complies with General Plan and Bullard Community Plan policies which require affirmation that sufficient public service capacity exists for projects. Also it should be noted that the land use change will result in a slight decrease (approximately 7%) in water usage (from 17.5 acre/feet per year for the community commercial land use designation to 16.3 acre/feet per year for the medium high density residential land use designation).
The proposed configuration of the solid waste enclosure meets City standards for solid waste collection and recycling. The Fresno Fire Department evaluated the CUP and noted fire protection requirements. Fresno County Environmental Health provided a letter of comment with information relating to filing of reports required by that agency.
Applicant must comply with all conditions noted by the Fresno Police Department (on site cameras), the Fresno Metropolitan Flood Control District (payment of drainage fees), the Fire Department (installation of new fire hydrant(s)), Public Works, Traffic Division (payment of Traffic Impact fees), and Public Works, Engineering Division (payment of public landscaping maintenance fees).
Planning Commission
On August 20, 2014 the Planning Commission by a unanimous vote, recommended that the City Council Adopt an MND prepared for EA No. A-14-002/R-14-002/C-14-012; and approve Plan Amendment No. A-14-002 and Rezone Application No. R-14-002.
District 2 Plan Implementation Committee And Other Public Outreach
The District 2 Plan Implementation Committee on June 2, 2014 recommended approval of the proposed project by a vote of 5 to 0, subject to a condition that additional guest parking be added. The project applicant has complied with this request.
Notices for the August 20, 2014 Planning Commission hearing were mailed to property owners within a 500-foot radius on August 7, 2014, as required by Fresno Municipal Code Chapter 12, Articles 4 and 6; and the property was posted with a laminated copy of the notice, on Thursday August 7, 2014. A public hearing notice was also published in the Fresno Bee. As of the date of preparation of this report, no comments or appeals have been received by the Development and Resource Management Department.
The project developer, Ginder Development Corporation, held a neighborhood meeting at Figarden Elementary School on August 5, 2014 at 6:00 pm. Nine people attended the meeting and no one spoke in opposition to the project.
LOCAL PREFERENCE
Since this a Plan Amendment and a Rezone and not a bidding situation, local preference does not apply.
FISCAL IMPACT
Affirmative action by the City Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department.
Attachments:
1) 2008 aerial photograph and Vicinity Map
2) Planned Land Use Amendment and Rezone
3) District 2 Plan Implementation Committee
4) Meeting Notice to Neighborhood
5) Public Notices and Mailing Map
6) Environmental Assessment No. A-13-002/R-13-008/C-13-083
7) Planning Commission Resolution Nos. 13299 (EA and Plan Amendment) and 13300 (Rezone) and 13301 (CUP)
8) City Council Ordinance Bill for Rezone Application R-14-002