REPORT TO THE PLANNING COMMISSION
October 19, 2022
FROM: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: ROB HOLT, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of Plan Amendment Application No. P21-06440; Rezone Application No. P21-06440; Tentative Tract Map No. 6402; Planned Development Permit Application No. P22-00795; Conditional Use Permit Application No. P21-06515; and related Environmental Assessment No. T-6402/P21-06440/P22-00795/P21-06515 for approximately 4.83 acres of property located on the north side of East Alluvial Avenue, between North Paula and North Willow Avenues (Council District 6).
1. RECOMMEND ADOPTION (to the City Council) of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6402/P21-06440/P22-00795/P21-06515 dated September 23, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. P21-06440 proposing to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for approximately 3.00-acres of the subject property from Low Density Residential to Medium Density Residential.
3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P21-06440 proposing to rezone the approximately 3.00-acres of the subject property from the RS-3 (Single-Family Residential, Low Density) zone district to the RS-5 (Single-Family Residential, Medium Density) zone district.
4. RECOMMEND APPROVAL (to the City Council) of Tentative Tract Map No. 6402 proposing to subdivide approximately 3.00 acres of the subject property into a 15-lot, 28-unit duplex residential development subject to compliance with the Conditions of Approval dated October 19, 2022.
5. RECOMMEND APPROVAL (to the City Council) of Planned Development Permit Application No. P22-00795 proposing to modify the RM-1 zone district development standards to allow for a reduction in the front yard, rear yard, and landscape buffer setbacks, and gated private streets.
6. RECOMMEND APPROVAL (to the City Council) of Conditional Use Permit Application No. P21-06515 proposing to allow for duplex uses in the RS-5 zone district.
Body
EXECUTIVE SUMMARY
Bill Robinson of Sol Development Associates, LLC, on behalf of Stallion Development and Construction, has filed Plan Amendment Application No. P21-06440, Rezone Application No. P21-06440, Tentative Tract Map No. 6402, Planned Development Permit Application No. P22-00795, and Conditional Use Permit Application No. P21-06515 pertaining to approximately 4.83 acres of property located on the north side of East Alluvial Avenue, between North Paula and North Willow Avenues.
Plan Amendment Application No. P21-06440 proposes to amend the Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for approximately 3.00-acres of the subject property from Low Density Residential to Medium Density Residential.
Rezone Application No. P21-06440 proposes to rezone approximately 3.00-acres of the subject property from the RS-3 (Single-Family Residential, Low Density) zone district to the RS-5 (Single-Family Residential, Medium Density) zone district.
Tentative Tract Map No. 6402 proposes to subdivide approximately 3.00 acres of the subject property into a 15-lot, 28-unit duplex residential development subject to compliance with the Conditions of Approval dated October 19, 2022.
Planned Development Permit Application No. P22-00795 proposes to modify the RM-1 zone district development standards to allow for a reduction in the front yard, garage, rear yard, and landscape buffer setbacks, and gated private streets.
Conditional Use Permit Application No. P21-06515 proposes to allow for duplex uses in the RS-5 zone district.
The subject property is located within the boundaries of the Fresno General Plan and Woodward Park Community Plan.
BACKGROUND
The subject property is a vacant site located on the north side of East Alluvial Avenue, between North Paula and North Willow Avenues. The general vicinity surrounding the subject property are primarily single-family residential neighborhoods and rural residences. There is a county island adjacent south of the subject property. Adjacent west of the proposed subdivision is a palliative and hospice care facility that is included as an Outlot to the proposed subdivision. There is no direct public access to the care facility from the proposed gated subdivision, other than an emergency vehicle access gate at the northwest corner of the care facility property.
The proposed project includes 15 residential lots, of which 13 lots propose duplexes (26 dwelling units) and 2 lots propose single-family residential buildings (2 dwelling units) equating to a total of 28 dwelling units.
Pursuant to Fresno Municipal Code (FMC) Section 15-906, when duplexes are proposed in the RS-5 zone district, the RM-1 zone district development standards apply excepting density requirements, which remain within the RS-5 density range of between 5 and 12 dwelling units per acre. The project proposes to modify the RM-1 zone district development standards (as detailed below) pursuant to FMC Section 15-906.
Landscaping/Walls/Open Space
Given the proposed subdivision is located along a major street (East Alluvial Avenue), the development will be required to install landscaping and irrigation within a minimum 10-foot-wide landscape strip abutting all property lines with frontage along East Alluvial Avenue. A minimum 6-foot-high masonry block wall will be required to be constructed along the entirety of the subdivision boundary, excepting openings for private entry gates and the western and southern boundary line of the care facility property.
The developer is required to provide street trees on all public street frontages per 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.
Additionally, an open space area is proposed at the central area of the proposed subdivision. This open space area includes a swimming pool, shaded cabana area, bocce ball court, and restroom facility.
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 future proposed tract. 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. 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 East Alluvial 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 1, 2022, the subject property will be served by Fire Station 13, which is located at 815 East Nees Avenue (approximately 2.1 miles away).
Streets and Access Points
The Fresno General Plan designates East Alluvial Avenue as a collector street. The project will take access from one access point on East Alluvial Avenue via a private gated entrance, and an emergency vehicle access point will be provided to the adjacent hospice building lot west of the subject property, which also provides direct access to East Alluvial Avenue. The developer will also construct private interior private streets which have been modified from the City of Fresno Public Works standards.
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 1, 2022. 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 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.
The Fresno COG VMT Calculator Tool indicated the Transportation Analysis Zone in which this Project is located would generate 11.1 VMT per capita. As the City’s established VMT threshold is 14.01 VMT per capita, the Project’s impact to vehicle miles traveled is less than the 13% minimum threshold, resulting in a less than significant impact.
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.
• 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.
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 7,108 sq. ft. open space area is proposed at the central area of the proposed subdivision. This open space area includes a swimming pool, shaded cabana area, bocce ball court, and restroom facility.
Approximately one-half mile away south of the subject property is an established commercial use corridor along East Herndon Avenue providing employment opportunities for all new residents of the neighborhood.
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.
Planned Development
FMC Section 15-906 requires duplex projects in the RS-5 zone district comply with the development standards of the RM-1 zone district. The developer is proposing private gates and streets, and modifications to the RM-1 zone district development standards to allow for: 1) reduced front yard setback from 10 feet to 4 feet; 2) reduced rear yard setback from 20 feet to 7 feet; and 3) reduced width of the landscape buffer from 10 feet to 7 feet.
Elevations were provided by the applicant that identified that all proposed houses will be single-story development and are designed to look similar to other single-family residences in the immediate vicinity. It should be noted that some of the adjacent existing single-family properties include two-story residences with an average rear yard setback of approximately 30-40 feet. Reducing the rear yard setback for the subject project would provide for less maintenance of yards and reduced sight lines from other adjacent two-story residences, while still providing sufficient area for private use of the residents.
Neighborhood Meeting
A neighborhood meeting was held to discuss the proposed duplex residential subdivision on March 8, 2022, between 6:00 and 7:00 p.m. via Zoom. A total of four residents attended the meeting. The residents expressed concerns over increased traffic, potential subsidized renters, size of the units, rents of the units, and potential relocation of existing trees along the western property line.
As it relates to traffic, the applicant responded that East Alluvial Avenue would be improved between North Chestnut and North Willow Avenues with the pending project at the southwest corner of East Alluvial and North Willow Avenues, and that East Alluvial Avenue would eventually be widened to accommodate traffic.
As it relates to subsidized renters, and the size and rent of the units, the applicant responded that the project would be market-rate. The applicant provided that rents would be $2,000 and more per month due to each unit having its own two-car garage, private patio, indoor laundry, 9-foot ceilings, etc.
As it relates to the existing trees along the western property line, the applicant responded that some of these trees may need to be relocated. The applicant provided that trees that eventually shield the rear of the units will be planted with an evergreen variety. The rear yard of all proposed residential lots will require at least one small to medium sized tree.
Council District Project Review Committee
The Council District 6 Project Review Committee reviewed the proposed project at their regular meeting on June 6, 2022, and voted to recommend approval of the project, 6 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 I).
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 Woodward Park Community Plan area, including the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 (“PEIR”). These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system.
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.
It has been further determined that all applicable mitigation measures of the Project Specific Mitigation Monitoring Checklist have been applied to the project as necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. 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)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
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-6402/P21-06440/P22-00795/P21-06515 (Exhibit M) was published in the Fresno Bee on September 23, 2022, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-3309 et seq. of the Fresno Municipal Code. These findings are attached as Exhibit H.
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 plan amendment, rezone, planned development, conditional use permit, and tentative tract map and has determined that none of the findings above apply to the project and, therefore, has recommended approval subject to the conditions of approval.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Woodward Park 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 Sections 15-3309, 15-5306, 15-5812, 15-5905 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 - Tentative Tract Map No. 6402 [5-11-22]
Exhibit A-1 - Planned Development Site Plan [5-11-22]
Exhibit B - Operational Statement [5-11-22]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Proposed Planned Land Use Exhibit
Exhibit G - Proposed Rezone Exhibit
Exhibit H - Fresno Municipal Code Findings
Exhibit I - Public Hearing Notice Radius Map
Exhibit J - Conditions of Approval for Tentative Tract Map 6402 [10-19-22]
Exhibit K - Conditions of Approval for PD App. P22-00795 & CUP App. P21-06515 [10-19-22]
Exhibit L - Comments & Requirements from Responsible Agencies
Exhibit M - Environmental Assessment T-6402/P21-06440/P22-00795/P21-06515 [9-23-22]