REPORT TO THE PLANNING COMMISSION
January 15, 2025
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: ROB HOLT, Supervising Planner
Planning and Development Department
SUBJECT
Title
Consideration of Tentative Tract Map No. 6468; Planned Development Permit Application No. P23-04061; and related Environmental Assessment No. T-6468/P23-04061 for approximately 7.82 acres of property located on the west side of South Crystal Avenue between West Hawes and West Orleans Avenues (Council District 3) - Planning and Development Department.
1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6468/P23-04061 dated December 16, 2024, for the proposed project, pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. APPROVE Tentative Tract Map No. 6468 proposing to subdivide approximately 7.82 acres of property into an 84-lot single-family residential development, subject to compliance with the Conditions of Approval dated January 15, 2025.
3. APPROVE Planned Development Permit Application No. P23-04061 proposing to modify the RS-5 zone district development standards to allow for private streets and a reduction of the minimum setbacks, lot width, depth, and area, subject to compliance with the Conditions of Approval dated January 15, 2025.
Body
EXECUTIVE SUMMARY
Austin Bondy-Villa of YCG Civil Engineering, on behalf of Terance Frazier of Kearney and Crystal, LLC, has filed Tentative Tract Map No. 6468 and Planned Development Permit Application No. P23-04061 pertaining to approximately 7.82 acres of property located on the west side of South Crystal Avenue between West Hawes and West Orleans Avenues.
The subject property is located within the boundaries of the Fresno General Plan and Southwest Fresno Specific Plan, and both plans designate the subject property for Medium Density Residential (5 to 12 dwelling units per acre (du/ac)). The proposed density of the subdivision is 10.74 du/ac.
Based on 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 west side of South Crystal Avenue between West Hawes and West Orleans Avenues. The general vicinity surrounding the subject property is primarily single-family residential neighborhoods and rural residences. Immediately east/southeast of the subject property is a single-family residential neighborhood and Sunset Elementary School; immediately south of the subject property are rural residential properties and agricultural uses; immediately west of the subject property are agricultural uses; and, immediately north of the subject property are rural residential properties and a single-family residential neighborhood.
Planned Development
Planned Development Permit Application No. P23-04061 requests authorization for a gated entrance and private streets; and to modify the minimum setbacks, lot width, depth, and size requirements, as follows:
Lots 1-34, 45-46, and 57-84
• Garage from primary façade setback from 4 feet to no setback requirement.
• Rear yard setback from 10 feet to 5 feet.
• Lot depth (for all lots) from 70 feet to 62 feet.
• Lot size from 4,000 square feet to 2,605 square feet.
Lots 35-44 and 47-56
• Garage from primary façade setback from 4 feet to no setback requirement.
• Interior side yard setback from 4 feet per side / 8 feet total to 0 feet.
• Street side yard setback from 10 feet to 0 feet.
• Lot width (for curved and cul-de-sac lots) from 30 feet to 13 feet.
• Lot width (for interior lots) from 35 feet to 28 feet.
• Lot width (for corner lots) from 40 feet to 33 feet.
• Lot depth from 70 feet to 66 feet.
• Lot size from 4,000 square feet to 2,738 square feet.
For lots 35 through 44 and 47 through 56, there will be attached dwellings every two lots with every dwelling unit on its own individual property resulting in a zero-foot (0’) interior side yard setback on one side, and on the other side, 3 feet for interior lots or 8 feet for corner lots.
Conditions of Zoning
Conditions of zoning were placed on the subject property on May 18, 2004, with City Council approval of Rezone Application No. R-03-56. It should be noted that this rezone included both subject properties. The conditions of zoning are as follows:
1. Recordation of an avigation easement concurrent with the approval of a final tract map, conditional use permit, or site plan review application.
2. Maximum density of 150 persons per acre on the subject site.
3. Height limitation on structures, trees, and other objects in accordance with Part 77, Subpart C, of the Federal Aviation Regulations (FAR).
Conditions No. 1 and No. 3 are incorporated within the conditions of approval. For Condition No. 2, it should be noted that the City of Fresno Housing Element identifies the average household in Fresno County at 3.07 persons per household. The project proposes a total of 84 single-family lots (approximately 258 total persons) on approximately 7.82 acres, resulting in approximately 33 persons per acre and providing compliance with Condition No. 2 of the conditions of zoning.
Landscaping/Open Space
The long-term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all new single-family developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the ultimate responsibility of the Developer. The Developer shall provide these services either by a mechanism approved by the Public Works Department or by annexing into the Community Facilities District (CFD). Per the Public Works Department memorandum dated April 19, 2024, the site may be required to annex into CFD No. 11. The public improvements eligible for service by the CFD include landscaping, irrigation, outlots for open space, curbs, gutters, and sidewalks.
The amount of open space provided within the tract map is 6,983 square feet, which meets the minimum requirement of FMC Section 12-4.705. For 84 lots, the minimum requirement is 6,893 square feet 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 construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
For sanitary sewer service, these infrastructure improvements and facilities include typical requirements including the construction and extension of sanitary sewer mains and branches within the interior of the proposed tract, including the connection to the existing 8-inch sewer main in South Crystal Avenue. The proposed project will also be required to provide payment of sewer connection charges.
For water service, required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract, including the connection to the existing 8-inch water main in South Crystal Avenue, 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 not available and FMFCD recommends temporary facilities until permanent service is available. Historical drainage patterns must be maintained such that grading of this project shall continue to permit runoff from the north to drain through the project and south to future Master Plan facilities located to the southwest.
Fire Department
The subject property is located within the boundaries of the Fire Station 3 Service Area. Additional Fire service requirements for development of the proposed project will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources of water. Internal access to the tract is acceptable, and compliance with the provision of two means of emergency access during all phases of construction is required. The project applicant shall comply with the Fresno Fire Department requirements dated December 30, 2024.
Streets and Access Points
The Fresno General Plan designates South Crystal Avenue as a local street. The proposed project will take access from one access point on South Crystal Avenue via a gated entrance (ingress and egress), and two emergency vehicle access points which also provide direct access to South Crystal Avenue. The developer will also construct 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 April 19, 2024. 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.
Council District Project Review Committee
The Council District 3 Project Review Committee reviewed the proposed project at its regular meeting on April 23, 2024, and had questions regarding the level of affordability, community input, amenities, density, and parking.
The amenities provided by the project will include an approximately 6,983 square-foot open space area. The proposed density of 10.74 dwelling units per acre (du/ac) complies with the density range requirements of the RS-5 zone district which allow between 5 and 12 du/ac. The parking requirements for single-family residential uses only require one (1) on-site parking space within a garage. Each proposed residential home will require a minimum of one (1) one-car garage. Additionally, there are 22 guest parking stalls in the center of the subdivision and on-street parking will be allowed on both sides of the street.
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 FMC Section 15-5007 (Exhibit G) and posted in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
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 Southwest Fresno Specific Plan area. 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.
Based upon the attached environmental assessment and applicable project specific mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment, that cannot be reduced to less than significant with implementation of relevant project specific mitigation measures. As such, staff has prepared a Mitigated Negative Declaration for this project pursuant to the requirements of CEQA Guidelines Section 15070. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6468/P23-04061 (Exhibit K) was published in the Fresno Bee on December 15, 2024, with one comment received from the Department of Toxic Substances Control, which has been incorporated as a mitigation measure.
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 tentative tract map and planned development and has determined that none of the findings above apply to the project, pursuant to the Findings (Exhibit F) and Conditions of Approval (Exhibits H and I) 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 Southwest Fresno Specific 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 FMC Sections 15-3309 and 15-5905 can be made. Based upon this evaluation, it can be concluded that the proposed projects are appropriate for the project site.
ATTACHMENTS:
Exhibit A - Tentative Tract Map No. 6468 [12-30-2024]
Exhibit B - Operational Statement, Floor Plans & Elevations
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 Tentative Tract Map 6468 [1-15-2025]
Exhibit I - Conditions of Approval for Planned Dev. Permit Application P23-04061 [1-15-2025]
Exhibit J - Comments & Requirements from Responsible Agencies
Exhibit K - Environmental Assessment No. T-6468/P23-04061 [12-16-2024]