REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
BY: ISRAEL TREJO, Planning Manager
Planning and Development Department
JOHN GEORGE, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of an appeal filed regarding Vesting Tentative Tract Map No. 6366, Planned Development Permit Application No. P22-04877, and related Environmental Assessment No. T-6366/P22-04877 for approximately 7.94 acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues (Council District 7).
1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22-01202, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the subject property into a 71-lot single-family residential development subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023.
3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No. P22-04877 proposing to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback, minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Planned Development Permit Application No. P22-04877 dated August 2, 2023.
Body
RECOMMENDATION
Staff recommendations:
1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22-01202, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the subject property into a 71-lot single-family residential development subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023.
3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No. P22-04877 proposing to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback, minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Planned Development Permit Application No. P22-04877 dated August 2, 2023.
EXECUTIVE SUMMARY
Giannetta Engineering, on behalf of Granville Homes, has filed Vesting Tentative Tract Map No. 6366 pertaining to approximately 7.94 acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues.
Vesting Tentative Tract Map No. 6366 proposes to subdivide the property into a 71-lot single-family residential subdivision with public streets at a density of 8.94 dwelling units per acre (du/ac).
Planned Development Permit Application No. P22-04877 is a proposal to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback, minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets.
The subject property is located within the boundaries of the Fresno General Plan and McLane Community Plan, and both plans designate the subject property for the Medium Density Residential (5 to 12 du/ac). Based upon the submitted subdivision design, Planned Development findings, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property designated by both the Fresno General Plan and McLane Community Plan.
Appeal of Fresno City Planning Commission Action
On August 2, 2023, the Planning Commission considered and approved the item with staff’s update on Conditions of Approval. The applicant spoke in opposition to the condition in the Public Works Department memorandum dated June 19, 2023 (Community Facilities District (CFD)) requiring annexation into CFD No. 18 for funding police and fire safety/protection/suppression services. After a complete hearing, the Planning Commission denied the change to conditions requested by the applicant and approved the vesting tentative tract map, planned development, and related environmental assessment, 6 votes to 0. The Planning Commission Resolutions (Exhibits L and M) are attached for more information.
In response to the appeal by the applicant, the Planning Commission’s action is set aside, and a City Council public hearing is scheduled and noticed in accordance with Section 15-3314 of the Fresno Municipal Code.
BACKGROUND
The subject property is located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues. The immediate surrounding area includes a vacant multi-family residential property and established single-family neighborhoods to the south, industrial buildings to the west, and an established single-family residential neighborhood to the east and north.
Planned Development
Planned Development Permit Application No. P22-04877 requests authorization to modify the minimum setback requirement as follows:
• Garage from 18 feet to 6 feet on lots 43, 44, 53, and 54.
• No setback requirement from garage to living façade on all lots.
• Rear yard setback from 10 feet to 5 feet on all lots.
• Maximum lot coverage from 60 percent to 61 percent on all lots
In addition to the aforementioned setback reductions and lot coverage increase, the Planned Development Permit also requests authorization to reduce the minimum lot depth from 70 feet to 59 feet and the minimum lot size from 4,000 sq. ft. to 2,432 sq. ft. It should be noted that the requested one percent increase to the required 60 percent lot coverage shall only be allowed so long as it does not exceed any maximum requirements determined by the Fresno Metropolitan Flood Control District.
The subject property is zoned RS-5 and is planned for Medium Density Residential uses. The proposed project is required to comply with the development standards within Section 15-903 of the Fresno Municipal Code (FMC), except for the required modifications through the Planned Development Permit.
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 vesting tentative tract map would help contribute to fulfilling the housing needs of the region.
Landscaping/Walls/Open Space
An approximately 9,669 sq. ft. open space area is proposed at the northern boundary of the proposed subdivision. The amount of open space provided within the tract map is 9,669 sq. ft., which meets the minimum requirement of FMC Section 12-4.705. For 71 lots, the minimum requirement is 5,827 sq. ft. 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 mitigation measures of the related Program Environmental Impact Report, and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
The nearest sanitary sewer main to serve the Project is an 8-inch sewer main located in North Bliss Avenue. For sanitary sewer service, all sanitary sewer mains shall be extended within the Project to provide service to each lot. The proposed project will also be required to provide payment of sewer connection charges.
For water service, the nearest water main to serve the proposed project is a 12-inch water main located in North Bliss Avenue. Required infrastructure improvements and facilities include installation of water mains within the interior of the proposed subdivision, 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 available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). Drainage from the site shall be directed to North Bliss 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 limits, 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 10, which is located at 5545 East Aircorp Way (approximately 1.3 miles away).
Streets and Access Points
The Fresno General Plan designates East Shields Avenue and North Fowler Avenue as arterials, and North Bliss Avenue as a local street. The project will provide one direct access point on North Bliss Avenue via a gated entrance. The developer of this project will be required to dedicate and construct improvements along all major street frontages and on all interior local streets within the subdivision. Direct vehicular access will be relinquished along all major street frontages.
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 19, 2023 and June 30, 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.
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.
• 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.
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.
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 promotes 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.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self-sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.
An approximate 9,669 sq. ft. open space area is proposed at the northern area of the proposed subdivision.
Immediately north of the subject property is East Shields Avenue which provides a corridor for a variety of industrial and commercial retail uses west of the project site. The intersection of East Shields and North Fowler Avenues immediately northwest of the subject property provides access to Bus Route 45, which travels north along North Clovis Avenue, and west along East Ashlan Avenue ending at its intersection with North Polk Avenue.
Also, west along East Shields Avenue approximately 0.20 miles west of the subject property, is Melody Park which provides a variety of recreational activities include a playground, basketball court, tennis court, and baseball field. The nearest schools to the subject property are Roger S. Oraze Elementary (approximately 0.6 miles northeast of the subject property) and Clovis East High School (approximately 2.20 miles northeast of the subject property).
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
There is no Council District 7 Project Review Committee formed at this time.
Notice of City Council Hearing
The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners within 1000 feet of the subject property, pursuant to Section 15-5007 of the FMC (Exhibit G).
ANALYSIS OF THE APPEAL LETTER
An appeal letter was received in response to the Planning Commission approval of this project.
(1) Below is an analysis of the issues raised in the appeal letter dated August 3, 2023 (Exhibit M).
Issue #1: Annexation into Community Facilities District (CFD) No. 18 is not appropriate because; (1) the project is projected to generate a positive net income for public safety via property taxes alone; (2) the fire/EMS needs will likely be less in this project, as evidenced by the inclusion of the latest fire suppression systems in homes, as well as the low number of existing calls for service in the project area (per the Fresno Fire Department “All Incidents, 1/1/2023-6/8/2023” Heat Map); (3) and, this project is intended as a single-family, for-rent neighborhood. Imposing annexation into CFD No. 18 on for-rent housing makes this housing more difficult to finance and build, which will both discourage for-rent projects and make them less affordable for future renters.
Response:
Under the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (FMC), the City Council, as the legislative body for the Community Facilities Districts (CFD) and any annexations thereto, has the authority to establish a CFD and annex property to a CFD. On October 20, 2022, the City Council adopted Council Resolution No. 2022-235 with intent to establish CFD No. 18. CFD No. 18 provides the funding for the operation and reserves for police and fire safety/protection/suppression services. The requirement for properties to annex into CFD No. 18 is applicable to projects on properties that have been incorporated into the City of Fresno since January 6, 2003 (date of now expired Memorandum of Understanding between the County and City of Fresno). The subject property in question was annexed in 2007, thus it is subject to annexation into CFD No. 18.
A fiscal analysis titled “Revised Fiscal Impact Analysis of West Area Neighborhoods Project Area Residential Development” dated March 2023 has been attached to this report as Exhibit O. Said fiscal analysis, prepared by NBS relative to the creation of CFD No. 18, found that an annual fee of $164 is appropriate for single-family residential development (per residence).
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for the project in accordance with the requirements of the California Environmental Quality Act (“CEQA”) Guidelines.
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 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; and student generation projections and school facility site location identification.
A Negative Declaration was previously 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.
The approved Environmental Assessment No. P21-01202 dated July 21, 2021, anticipated single-family residential uses at a density consistent with the Medium Density Residential planned land use designation. Environmental Assessment No. P21-01202 anticipated 72 single-family dwelling units. The addendum dated July 12, 2023, proposes 71 single-family dwelling units, which is less intensive than 72 single-family dwelling units and is considered a minor technical change. Per Section 15164 of the CEQA Guidelines, the addendum will not introduce any new significant environmental effects or substantially increase the severity of previously identified environmental effects (Exhibit K).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Sections 15-5905 (Planned Development) and 15-3309 (Vesting Tentative Tract Map Findings) et seq. of the Fresno Municipal Code. These findings are attached as Exhibit F.
GROUNDS FOR DENIAL OF TENTATIVE MAP
The Subdivision Map Act (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 annexation, pre-zone, and vesting 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.
LOCAL PREFERENCE
Local preference was not considered because this project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant 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 Planning and Development Department.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the McLane Community Plan; compliance with the provisions of the FMC; 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 Subdivision Map Act (California Government Code 66400, et seq.) and staff concludes that the required findings contained within Section 15-3309 et seq. 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 - Vesting Tentative Tract Map 6366 [03-23-2023]
Exhibit A-1 - Planned Development Site Plan [02-27-2023]
Exhibit B - Operational Statement [12-07-2022]
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 6366 [08-02-2023]
Exhibit I - Conditions of Approval for Planned Development Permit P22-04877 [08-02-2023]
Exhibit J - Comments & Requirements from Responsible Agencies
Exhibit K - Environmental Assessment T-6366/P22-04877 [07-21-2023]
Exhibit L - Planning Commission Resolution 13807 (Vesting Tentative Tract Map 6366)
Exhibit M - Planning Commission Resolution 13808 (Planned Dev. Permit App. P22-04877)
Exhibit N - Appeal Letter [08-03-2023]
Exhibit O - Revised Fiscal Impact Analysis of West Area Neighborhoods Project Area Residential Development [03-2023]