REPORT TO THE CITY COUNCIL
October 9, 2014
FROM: JENNIFER K. CLARK, ACIP, Director
Development and Resource Management
THROUGH: MIKE SANCHEZ, Assistant Director
Development Services Division
BY: BRUCE BARNES, Project Manager
Development Services Division
SUBJECT
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CONTINUED HEARING to Consider Rezone Application No. R-13-014 and related Environmental Assessment No. R-13-014/TPM 2013-03 filed by Mike Hamzy on behalf of Niko Real Estate Fund, LLC for property located on the west side N. Winery Avenue between E. Washington and E. McKenzie Avenues (Council District 7)
(Continued from June 26, 2014 Council meeting)
1. Consider the Finding of Conformity for Environmental Assessment No. R-13- 014/TPM 2013-03
2. BILL- (For introduction and adoption) - Amending the Official Zone Map to reclassify the subject property from the R-A (Single Family Residential Agricultural) zone district to the R-1 (Single Family Residential) zone district
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RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1. ADOPT the Finding of Conformity prepared for Environmental Assessment No. R-13-014/TPM 2013-03;
2. ADOPT BILL approving Rezone Application No. R-13-014 to amend the Official Zone Map to reclassify the subject property from the R-A (Single Family Residential Agricultural) zone district to the R-1 (Single Family Residential) zone district. If approved, Rezone Application will facilitate approval of a proposed residential subdivision of an approximately 0.41 acre portion of the 0.61 acre subject property into three parcels in accordance with Tentative Parcel Map No. 2013-03.
EXECUTIVE SUMMARY
This matter was first considered by the City Council on June 26, 2014, and pertains to a 0.61 acre lot (26,520 square feet). Rezone Application No. R-13-14 proposes to rezone said property from the R-A district (Residential-Agricultural zone district, minimum lot size of 36,000 square feet) to R-1 (Single-Family Residential zone district, minimum lot size of 5,000 square feet). Upon discussion of the matter the council decided to refer the matter back to staff.
Approval of the rezone will allow the owner to complete the processing of a Tentative Parcel Map creating a 3-lot subdivision and a remainder lot with an existing house which equates to density of 6.5 units per acre. During the meeting of June 26, 2014, Council discussed options but took no action. The proposed R-1 zoning is consistent with the current 2025 General Plan land use designation of medium density residential, and the proposed Tentative Parcel Map would be deemed consistent under this scenario. The only Tentative Parcel Map staff could approve would be for a 3-lot subdivision with a remainder lot with an existing house. Allowing a 1-lot or a 2-lot subdivision would make the project inconsistent with the required minimum density of 4.99 units per acre which the City's ordinance does not allow.
BACKGROUND
(See original staff report date June 26, 2014 for more project information-Exhibit 4)
The 2025 General Plan designates property as medium density residential planned land use designation which has a density range of 4.99-10.37 units/acre. The proposed R-1 zone district is consistent with this designation. Comparatively, a 2-lot subdivision would only create 4.92 units per acre which is prohibited under section 12-607 of the Fresno Municipal Code. Therefore, a project proposing fewer than 4 total lots would necessitate a general plan amendment to facilitate this option.
Land Use Plans and Policies
Objective C-15 of the 2025 Fresno General Plan states as follows: "Provide infill opportunities that will revitalize the built-up urban core communities and neighborhoods of Fresno, provide residential development for diverse population, and improve the overall quality of the urban environment." The proposed project fulfills this objective. Currently there is a single family home on a 0.60 acre parcel. By rezoning the property consistent with the General Plan's land use designation of Medium Density Residential to R-1 (Single Family Residential zone district), the applicant will be able to create three additional home sites. Therefore, it is staff's opinion that the proposed project is consistent with the general plan objectives and policies.
Economic Feasibility
The developer prepared a cost estimate based on the City's requirements for the Tentative Parcel Map which included both the construction costs and the fees charged by the City and other agencies (see Attachment 1). The cost of construction remains the same whether a 1-lot subdivision, 2-lot subdivision or 3-lot subdivision is built. The developer's representative estimated the cost to create a 1-lot subdivision would be $189,033. Clearly, the estimated cost can easily be distributed with more lots being created. Therefore, from the applicant's perspective it would be much more economically feasible to create a 3-lot subdivision than it would be to create a 1-lot or 2-lot subdivision.
Planning Commission
The Fresno City Planning Commission considered Rezone Application No R-13-014 and the related environmental documents at its regular meeting held on May 21, 2014. The Planning Commission reviewed the staff report in accordance with the policies of the 2025 General Plan and the Roosevelt Community Plan and called for speakers in support and in opposition to the proposed project. There were several speakers in opposition to the rezone who based concerns about the number of lots being created and the size of the lots. The applicant's engineer spoke in favor of the project and stated that three lots were needed in order to spread the cost of the improvements (curbs, gutters, sidewalks, street lights, etc.) and the required fees (school fees, flood control fees, etc.) over three lots rather than one or two lots. While sympathetic to the concerns of those in opposition, the Planning Commission noted the project is an infill project and it is consistent with the 2025 General Plan. The Planning Commission then voted unanimously to recommend approval of the Rezone to the City Council.
ENVIROMENTAL FINDING
The Development and Resource Management Department staff have prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (MND) No. A-09-02 (SCH # 2009051016). The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium Density Residential planned land use designated for the subject site. Thus, the proposed project will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing City service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02 as provided by CEQA Section 15177(b)(3).
Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated January 13, 2012. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted; and, that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available.
A public notice of the attached Finding of Conformity for Environmental Assessment Application No. R-13-014/TPM 2013-03 was published on April 4, 2014, with no comments or appeals received to date.
LOCAL PREFERNCE
This project is not subject to a bidding process.
FISCAL IMPACT
Affirmative action by the City Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department.
Attachments
1) Per-Lot Cost Comparisons
2) Letters in Opposition to Project
3) Ordinance Bill
4) Staff Report 6-26-14