REPORT TO THE PLANNING COMMISSION
October 2, 2024
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: ALEXANDER PUCKETT, Planner II
Planning and Development Department
SUBJECT
Title
Hearing to consider Vesting Tentative Tract Map No. 6466; Planned Development Permit Application No. P24-01320; and related Environmental Assessment No. T-6466/P24-01320 for approximately 11.97 acres of property located on the north side of East Church Avenue, between South Fordham and South Fowler Avenues (Council District 5) - Planning and Development Department.
1. ADOPTION of Environmental Assessment No. T-6466/P24-01320 dated October 2, 2024, an Addendum to Environmental Assessment No. A-16-014/R-16-013/T-6165, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. APPROVAL of Vesting Tentative Tract Map No. 6466 proposing to subdivide approximately 11.97 acres of the subject property into a 105-lot single-family residential development, subject to compliance with the Conditions of Approval dated October 2, 2024.
3. APPROVAL of Planned Development Permit Application No. P24-01320 proposing to modify the RS-5 zone district development standards to allow for a reduction in the minimum lot size requirements, subject to compliance with the Conditions of Approval dated October 2, 2024.
Body
EXECUTIVE SUMMARY
Yamabe & Horn Engineering, Inc., on behalf of Lennar Homes of California, Inc., has filed Vesting Tentative Tract Map No. 6466 and Planned Development Permit Application No. P24-01320 pertaining to approximately 11.97 acres of property located on the north side of East Church Avenue, between South Fordham and South Fowler Avenues.
The subject property is located within the boundaries of the Fresno General Plan and Roosevelt Community Plan, and both plans designate the subject property for Medium Density Residential planned land use (5 to 12 dwelling units per acre (du/ac)). The proposed density of the subdivision is 8.77 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 a vacant site located on the north side of East Church Avenue, between South Fordham and South Fowler Avenues. The general vicinity surrounding the subject property consists primarily of single-family residential neighborhoods. There is vacant land planned for Community - Commercial uses adjacent to the subject property on the east. There is an existing park and trail and single-family residential neighborhoods adjacent to the subject property on the north, west, and south.
The Oaks Master Plan Area
The proposed subdivision is a portion of a larger master plan area described as The Oaks Master Plan Area (“The Oaks”). A Development Agreement for The Oaks was adopted by the Fresno City Council on June 8, 2017 (Exhibit L).
The Oaks encompasses a total of approximately 78 acres of property. Vesting Tentative Tract Map No. 6165 (“T-6165”) was the first phase of The Oaks to be approved and developed, consisting of a 208-lot single-family residential development on approximately 22 acres located north of the subject property. Vesting Tentative Tract Map No. 6338/UGM (“T-6338”) is the second phase of The Oaks that was approved and is currently being developed, consisting of a 66-lot single-family residential development on approximately 11.34 acres of land located west of the subject property. Vesting Tentative Tract Map No. 6466 (“T-6466”) is the third phase of The Oaks and is being proposed for single-family residential development including 105 single-family residential lots on 11.97 acres. Future development within The Oaks will include assisted living at the northeast corner of East Church and South Sunnyside Avenues on approximately 4.28 acres, and Community - Commercial planned uses at the northwest corner of East Church and South Fowler Avenues on approximately 7.11 acres.
The Mitigated Negative Declaration for Environmental Assessment No. A-16-014/R-16-013/T-6165 reviewed environmental impacts of The Oaks. The anticipated development on the subject property was 143 units of single-family residence (either attached or detached). Because the current proposal is for 105 units, an Addendum to Environmental Assessment No. A-16-014/R-16-013/T-6165 is required. The Addendum will reduce the number of anticipated residences for the subject property from 143 to 105, resulting in a reduction of the analyzed environmental impacts. The Addendum has been prepared for this project dated October 2, 2024.
Planned Development
Planned Development Permit Application No. P24-01320 requests authorization to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to reduce the minimum lot size requirement from 4,000 square feet to 3,045 square feet.
Landscaping/Walls/Open Space
Given the proposed subdivision is located along a major street (East Church Avenue), the development will be required to install landscaping and irrigation within a minimum 15-foot-wide landscape strip abutting all property lines with frontage along East Church Avenue pursuant to Policy 1-5.8 of the Roosevelt Community Plan.
Major street entryways into the subdivision will incorporate enhanced 10-foot wide landscaped outlots along the street side yards of adjacent lots.
The developer is required to provide street trees on all public street frontages per Fresno Municipal Code (FMC) Section 15-4108-N. 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.
Trail Amenity and Park Amenity of The Oaks Development Agreement
A trail connecting East Church Avenue to the centralized park and linear open space within Tract 6165 to the north will be installed along the eastern subdivision boundary. This is not a planned trail within the Paths and Trails exhibit (Figure MT-2 of the Fresno General Plan); rather, it is a voluntary trail and is included as part of the open space as depicted in The Oaks Development Agreement.
For residential subdivisions with tentative maps containing more than fifty parcels, Section 12-4.705.a.ii of the FMC requires the dedication of 0.6 acres per 1,000 residents for a pocket park. Within Section 5.2(c) of the recorded Development Agreement for The Oaks (“Development Agreement”), a Community Park Amenity and Trail Amenity is required to be developed. The Community Park Amenity was developed along with the development of T-6165, prior to the proposed project, and is located directly north of the subject property. The approved T-6338 adjacent west of the subject property includes a Trail Amenity connecting the Park Amenity to East Church Avenue. T-6466 is also proposing a Trail Amenity along the eastern subdivision boundary, connecting the Park Amenity to East Church Avenue. Section 5.3 of the Development Agreement states, “In consideration of the development and dedication of the Community Park and related amenities, the City waives the application of any Open Space Standards upon the development of the Oaks Tract Map (T-6165) and upon development of Vested Uses for Parcels A, B, and C.” The subject property is depicted as Parcel C in the Development Agreement. Although the project proposes more than 50 parcels, the required open space for the subject property was already considered under the Development Agreement, thus complying with the open space requirements.
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 located in an unnamed street connecting the proposed T-6466 to T-6388 between South Stanford and South Fordham Avenues located on the west subdivision boundary. 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, including the connection to the existing 14-inch water main in East Church Avenue and the existing 8-inch water main located in an unnamed street connecting the proposed T-6466 to T-6488 between South Standford and South Fordham Avenues. The project will provide 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 southwest towards the East Tower Avenue existing Master Plan inlet within Tract 6165 and south towards 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 May 30, 2024, the subject property will be served by Fire Station 15, which is located at 5630 East Park Circle Drive (approximately 1.26 miles away).
Streets and Access Points
The Fresno General Plan designates East Church Avenue as a collector street. The proposed project will be required to dedicate and construct improvements along all major street frontages and on all interior local streets. Direct vehicular access will be relinquished along all major street frontages of single-family residential lots. The subdivision design for T-6466 includes one major street entryway to the interior of the subdivision providing access to East Church Avenue and one access point providing connectivity to the existing street stub adjacent west of the subject property. Interior local streets are proposed to be dedicated in accordance with the City Standard 50-foot right-of-way, which will provide for parking and sidewalks on both sides of all streets. Two streets (East Rayburn Avenue and South Stanford Avenue) are proposed to be dedicated as non-standard 44-feet and 43-feet right-of-way, respectively, with sidewalk on one side of the street adjacent to the proposed lots.
Environmental Assessment No. A-16-014/R-16-013/T-6165 and the First Addendum analyzed the traffic impacts of the entire Oaks project area, which included the anticipated development of the subject property consistent with the Medium Density Residential planned land use designation. The Traffic Impact Study (TIS) completed as a component of the environmental assessment and addendum analyzed The Oaks in two project phases. Phase I includes T-6165 and T-6338 (both previously approved), and the future senior assisted living complex southwest of T-6338. Phase II includes this proposed project (T-6466) and the future Commercial - Community development at the northwest corner of East Church and South Fowler Avenues. Future installation of one traffic signal at the intersection of East Church and South Fowler Avenues, and the modification of the existing traffic signal at the intersection of East Jensen and South Fowler Avenues, to include left-turn phasing on the northbound and southbound approaches, will occur prior to occupancy of any development of Phase II. Also, the intersection of East Church and South Bundy Drive is required to be limited to right turn-ins and right turn-outs only. Additionally, the developer is required to dedicate and construct the 12-foot and 13-foot westbound center section travel lane and include a 7-foot bike lane within the limits of the subdivision along East Church Avenue.
Council District Project Review Committee
On July 24, 2024, the Council District 5 Project Review Committee provided the following recommendations for the project:
• Three of the Committee members recommended that the lot sizes in the proposed project increase in size similar to the tract directly adjacent to the west (Tract 6338). In addition, they recommended that two (2) of the lots be converted and modified into open green space.
• Two of the Committee members recommended that the lot sizes remain as proposed; however, they recommended that four (4) to six (6) lots be converted and modified into open green space.
As mentioned previously, pursuant to the adopted Development Agreement, the existing centralized park space adjacent north of the subject property is considered the required open space for The Oaks master plan area, including the subject property. The applicant is not proposing any additional open space area beyond the proposed trail along the western subdivision boundary. The Planned Development Permit would allow for the smaller lot sizes.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1,000 feet of the subject property, pursuant to Section 15-5007 of the FMC (Exhibit G) and posted in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this 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, specifically the Mitigated Negative Declaration (“MND”) and Addendum prepared for Environmental Assessment No. A-16-014/R-16-013/T-6165 dated October 21, 2016.
The proposed project has been determined to be a subsequent project that is fully within the scope of the MND as provided by the Project Description of the MND. Therefore, the Planning and Development Department proposes to adopt an addendum to the MND.
Pursuant to CEQA Guidelines Section 15164(a), a Lead Agency shall prepare an addendum to a previously adopted MND if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent MND have occurred. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether a subsequent environmental review is required for this project. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, because the project is being implemented as planned. Specifically, this item will implement the plans for Parcel C as specified in the MND and Development Agreement. The only minor technical change here is to the unit number for the single-family development, which specifies 105 units for Vesting Tentative Tract Map No. 6466 (Parcel C of the MND and Development Agreement), where the MND and Development Agreement anticipated 143 single-family units (attached or detached).
2. No substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of adoption of the previous MND showing that:
a. The project will have one or more significant effects not discussed in the previous MND.
b. Significant effects previously examined will be substantially more severe than shown in the previous MND.
c. Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Based upon these findings, it has been determined that a subsequent MND is not required for the approval of VTTM 6466 and Planned Development Permit Application No. P24-01320, and therefore staff has prepared an addendum to the MND solely to specify a reduction in the anticipated number of single-family units for the subject site, which was analyzed in the MND. Please see the attached environmental assessment dated October 2, 2024(Exhibit K).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Sections 15-3309 and 15-5905 et seq. of the Fresno Municipal Code 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 vesting tentative tract map and, pursuant to the findings (Exhibit F), has determined that none of the findings above apply to the project and, therefore, has recommended approval subject to the conditions of approval and findings.
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 Roosevelt 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 - Vesting Tentative Tract Map 6466 [5-23-2024]
Exhibit B - Operational Statement [5-23-2024]
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 (1000 feet)
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map 6466 [10-2-2024]
Exhibit I - Conditions of Approval for Planned Development Permit P24-01320 [10-2-2024]
Exhibit J - Comments and Requirements from Responsible Agencies
Exhibit K - Environmental Assessment No. T-6466/P24-01320 [10-2-2024]
Exhibit L - The Oaks Development Agreement