REPORT TO THE CITY COUNCIL
FROM: ISRAEL TREJO, Planning Manager
Planning & Development Department
THROUGH: JOSE VALENZUELA, Supervising Planner
Planning & Development Department
BY: STEVEN LIENG, Planner
Planning & Development Department
SUBJECT
Title
Consideration of Plan Amendment and Rezone Application No. P22-04389, Development Permit Application No. P22-02376, and related Environmental Assessment No. P22-04389/P22-02376 pertaining to ±4.39 acres of property located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues (Council District 7) - Planning & Development Department.
1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-02376/P22-04389, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA).
2. RESOLUTION - approving Plan Amendment Application No. P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential.
3. BILL - (For introduction and adoption) Rezone Application No. P22-04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) zone district to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application.
4. APPROVE - Development Permit Application No. P22-02376, requesting authorization to construct a 64-unit, two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023.
Body
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-04389/P22-02376, dated June 16, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and,
2. ADOPT RESOLUTION - approving Plan Amendment Application P22-04389, requesting authorization to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential
3. INTRODUCE AND ADOPT BILL - approving Rezone Application P22-04389, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) zone district to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application; and
4. APPROVE - Development Permit Application P22-02376, requesting authorization to construct a 64-unit, two-story multi-family residential development including a community building, subject to compliance with the Conditions of Approval dated August 10, 2023.
EXECUTIVE SUMMARY
Scott Vincent of The Vincent Company Architects, Inc. has filed Plan Amendment/Rezone Application P22-04389 and related Development Permit Application P22-02379 pertaining to approximately ±4.39 acres located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues
Plan Amendment Application P22-04389 proposes to amend the Fresno General Plan and McLane Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium High Density Residential.
The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) to the RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application.
Related Development Permit Application P22-02376 requests to construct a 64-unit two-story multi-family residential development consisting of (12) one-bedroom one bath, (32) two-bedroom two bath, and (20) three-bedroom two bath units; including a community building. The project proposes on and off-site improvements including but not limited to one (1) point of ingress and egress; curbs, gutters, and sidewalks; and landscaping.
City of Fresno Planning Commission Action
On July 19, 2023, the Planning Commission considered the item as presented by staff, followed by a presentation by the applicant. Two (2) members of the public spoke in opposition of the project. The concerns that were raised ranged from an increase in noise during construction, an increase in traffic, and a decrease in property values due to the proposed development of a multi-family residential apartment near existing single-family homes. All construction activity will be required to comply with the requirements of the Fresno Municipal Code. Additionally, as discussed later in this staff report, the project complies with City of Fresno requirements as related to traffic impacts. After receiving testimony, the Planning Commission voted and recommended the City Council approve the plan amendment, rezone, development permit, and related environmental assessment. The Planning Commission Resolutions (Exhibit Q) are attached for more information.
BACKGROUND
Plan Amendment and Rezone Application Nos. P22-04389 and related Development Permit Application P22-02376 were filed by Scott Vincent of The Vincent Company Architects, Inc. and pertains to approximately ±4.39 acres located on the east side of North Armstrong Avenue between East Clinton and East Shields Avenues
Surrounding Property Information
The subject property is currently vacant, and the immediate project site is in an area generally characterized by existing residential land uses. Residential Single-Family, Extremely Low Density is located to the (North), Residential Single-Family, Medium Low Density is located to the (East), Residential Single-Family, Medium Density is located to the (West), and directly (South) is vacant land. Furthermore, surrounding properties are all planned and zoned Residential land uses.
Project Description
Development Permit Application P22-02376 proposes a 64-unit two story multi-family residential development on ±4.39 acres at a density of 14.57 dwelling units per acre. The multi-family residential development consists of (12) one-bedroom one bath, (32) two-bedroom two bath, and (20) three-bedroom two bath units; including a community building. The project proposes on and off-site improvements including but not limited to one point of ingress and egress; curbs, gutters, and sidewalks; and landscaping.
Existing Land Use and Zoning
The subject property is located within the boundaries of the Fresno General Plan, McLane Community Plan, and the Fresno County Airport Land Use Compatibility Plan (ALUCP). These plans designate the subject ±4.39-acre property for Low Density Residential planned land uses. The existing underlying RS-1 (Residential Single-Family, Extremely Low Density) zone district is consistent with the Residential - Low Density planned land use designation.
According to the Fresno General Plan, Residential Single-Family, Extremely Low Density is intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhomes. Under the current planned land use designation and zone district of Residential - Low Density, the proposed multi-family residential development would be prohibited. Therefore, the subject Plan Amendment and Rezone Application (P22-04389) is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development.
Proposed Land Use and Zoning
Plan Amendment Application P22-04389 proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Low Density Residential to Medium High Density Residential (Exhibit O). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-1 (Residential Single-Family, Extremely Low Density) (±4.39 acres) to RM-1 (Residential Multi-Family, Medium High Density) (±4.39 acres) zone district in accordance with the Plan Amendment Application (Exhibit P). The proposed underlying RM-1 zone district is consistent with the proposed Medium High Density Residential planned land use designation.
The Medium High Density residential land use classification is intended for neighborhoods with a mix of single-family residences, townhomes, garden apartments, and multi-family units intended to support a fine-grain, pedestrian scale. This land use accommodates densities from 12 to 16 units per acre overall. Based on the subject property being ±4.39 acres, under the proposed Medium High-Density designation, the parcel will support 53 to 70 units.
Housing Crisis Act of 2019 (SB 330)
On October 9, 2019, Governor Newsom signed Senate Bill (“SB”) 330 enacting the “Housing Crisis Act of 2019.” This housing bill was effective starting January 1, 2020, and later amended through the adoption of Senate Bill 8 (SB 8), effective January 1, 2022, and will therefore remain in effect through January 1, 2030. One of the applicable provisions of this legislation, as it relates to Plan Amendments and Rezoning, includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation, specific plan designation, or zoning to a less intensive use, or reduce the intensity of an existing land use designation or zone district, below the density/intensity that was in effect on January 1, 2018; unless, the City concurrently increases density within its plans elsewhere within the City (i.e. corresponding up-zone) to ensure the total number of available residential units remain the same, resulting in no net loss of residential development capacity. Pursuant to SB 8, “concurrently,” was amended to be defined as follows: the action is approved at the same meeting of the legislative body; the action is approved at the same meeting of the legislative body or, if the action that would result in a net less or residential capacity is requested by an applicant for a housing development project, within 180 days; and the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity.
In this case, the subject area of ±4.39 acres is proposing a land use change from Low Density Residential to Medium High Density Residential. The density allowed in the Low Density Residential planned land use designation is (1-3.5) dwelling units per acre. Therefore, the proposed plan amendment and rezone application would result in an increase of residential development capacity of 54 dwelling units.
In accordance with SB 330 and SB 8, an affected city (including Fresno) cannot enact a change in the General Plan or Specific Plan designation or zoning to a less intensive use or reduce residential density below January 2018 levels without a concurrent up-zone. These are matters subject to Council Resolution and Ordinance. Therefore, it must be demonstrated that the proposed project will not result in a net loss prior to Council action.
The proposed Plan Amendment and Rezone is consistent with SB 330 & SB 8; therefore, the City Council will not need to approve a separate proposal or initiative as there are no loss in dwelling units for the subject area.
ANALYSIS
Traffic Analysis
The Project site has one existing street frontage located on North Armstrong Avenue. The Fresno General Plan Circulation Element designates this roadway (North Armstrong Avenue) as a collector street.
The project will include frontage improvements including but not limited to one (1) point of ingress and egress, curbs, gutters, and sidewalks. The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan, which generally represents areas near or outside the City Limits but within the Sphere of Influence (SOI) as of December 31, 2012.
In accordance with Fresno General Plan Policy MT-2-I, given that the project includes a General Plan amendment, a Traffic Impact Study (TIS) is required. However, the project site and surrounding area already has appropriate multi-modal infrastructure improvements. As such, the City Traffic Engineer determined that a trip generation comparison would suffice in lieu of a TIS. A Trip Generation Analysis (TGA) was prepared by JLB Traffic Engineering, Inc. dated October 8, 2021 (Exhibit M) to evaluate the potential difference in traffic generation.
As identified in the TGA, vehicle trips and generation rates projected to be generated by the proposed project were calculated using the Institute of Traffic Engineers (ITE) Trip Generation Manual, 10th Edition.
Based upon the existing Low Density Residential planned land use density and acreage allocations currently designated by the Fresno General Plan, the subject property (if it were to be developed with single-family detached housing units) is anticipated to generate approximately 132 Average Daily Trips (ADT) with ten (10) vehicle trips occurring during the morning (7 to 9 a.m.) peak hour travel period and 14 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period.
Based upon the proposed change in land use from RS-1 (Residential Single-Family, Extremely Low Density) to RM-1 (Residential Multi-Family, Medium High Density), at full buildout the proposed project is projected to generate 468 Average Daily Trips (ADT) with 29 vehicle trips occurring during the morning (7 to 9 a.m.) peak hour travel period and 36 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period.
Compared to that which could be developed consistent with the General Plan, the proposed project is estimated to generate a net increase of 336 average daily trips, 19 morning peak hour trips and 22 evening peak hour trips. Therefore, in accordance with GP Policy MT-2-I, the City Traffic Engineer determined that a full TIS was not necessary for the project.
The Public Works Department, Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project 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 standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer. These requirements generally include: (1) Local street dedications; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation Fee (RTMF) Fee. These requirements are outlined within the memorandum from the Public Works Department dated January 27, 2023.
Vehicle Miles Traveled (VMT) Analysis
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 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 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. These criteria may be size, location, proximity to transit, of trip making potential. In general development projects that are consistent with the City's General Plan and Zoning and that that meet one or more of the following criteria can be screened out from a quantitative VMT analysis.
1. Project Located in a Transit Priority Area/High Quality Transit Corridor (within 0.5 miles of a transit stop).
2. Project is Local-serving Retail of less than 50,000 square feet.
3. Project is a Low Trip Generator (Less than 500 average daily trips)
4. Project has a High Level of Affordable Housing Units
5. Project is an institutional/Government and Public Service Uses
6. Project is located in a Low VMT Zone
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. Here the Project includes both a General Plan Amendment and a Rezone and does not meet the screening criteria. As such, a quantitative VMT analysis is required.
For projects that are not screened out, a quantitative analysis of VMT impacts must be prepared and compared against the adopted VMT thresholds of significance. The Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects, and land use plans. These 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.
VMT is simply the product of a number of trips and those trips’ lengths. The first step in a VMT analysis is to establish the baseline average VMT, which requires the definition of a region. The CEQA Guidelines for Vehicle Miles Traveled Thresholds for the City of Fresno (June 25, 2020) provide that the Fresno County average VMT per capita (appropriate for residential land uses) and employee (appropriate for office land uses) are 16.1 VMT per capita and 25.6 VMT per employee, respectively. The City’s threshold targets a 13% reduction in VMT for residential and office land uses.
The City’s adopted thresholds for development projects correspond to the regional thresholds set by the Fresno Council of Governments (COG). For residential and non-residential (except retail) development projects, the adopted threshold of significance is a 13% reduction, which means that projects that generate VMT in excess of a 13% reduction from the existing regional VMT per capita or per employee would have a significant environmental impact. Projects that reduce VMT by more than 13% are less than significant. For retail projects, the adopted threshold is any net increase in VMT per employee compared to existing VMT per employee.
Per the City of Fresno VMT Guidelines, Project VMT may be calculated using the Fresno COG VMT Calculation Tool for residential projects having less than or equal to 500 dwelling units or office projects having less than or equal to 375 employees. Because this project is for multi-family residential and there are less than 500 dwelling units, the Fresno COG VMT Analysis Tool was used to determine the Project VMT.
Quantitative assessments of the VMT generated by the Project have been determined using the Fresno COG VMT Analysis Tool. The number of units and location were entered to conduct a Project-specific VMT analysis using the Fresno COG VMT Analysis Tool. Based on the output, the Project is expected to have a VMT of 9.5 per capita and does not exceed the City’s VMT threshold of 16.01 VMT per capita.
Based on these results, there is not a significant impact to VMT associated with this Project pursuant to the City of Fresno VMT analysis guidelines concerning consistency with CEQA Guidelines Section 15064.3(b).
Additionally, had the proposed project not required a general plan amendment or rezone, the development of the 64-unit apartment project would have otherwise been eligible to screen out because it would have been considered a low trip generator due to the project proposing a total of 431 Active Daily Trips, which is below the threshold of 500 ADT.
Public Services
Sewer
The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main located in North Armstrong Avenue. The applicant will be required to install sewer house branches to the property, abandon any existing on-site private septic systems, and pay applicable sewer connection charges and fees. The requirements listed above, and additional requirements have been listed in the Department of Public Utilities memo dated January 11, 2023.
Water
The nearest water main to serve the proposed project is a 16-inch water main located in North Armstrong Avenue. Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated January 11, 2023.
Solid Waste
The project was reviewed by the Department of Public Utilities to ensure that the proposed trash enclosures for the project comply with any applicable policies related to capacity, access, and overall design to ensure that service can be provided to the site without impacts to the site, surrounding properties, or solid waste service to the city. The requirements listed above, and additional requirements have been listed in the Department of Public Utilities memo dated January 11, 2023.
FMFCD
The subject property is located in the Fresno Metropolitan Flood Control District’s (FMFCD) Drainage Area “BS.” The FMFCD has indicated that the proposed development is not located within a flood prone area. These as well as additional requirements are listed in the memorandum from FMFCD dated January 3 and January 4, 2023.
Fire
The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include requirements incorporated into the Conditions of Approval.
Review for compliance with fire and life safety requirements for the interior of proposed building and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code.
Fresno Municipal Code
Given that corrected exhibits are required that demonstrate compliance with the conditions of approval provided for the project dated August 10, 2023 (Exhibit I), Plan Amendment and Rezone Application P22-04389 and related Development Permit Application P22-02376 will meet all of the provisions of the FMC, including but not limited to setbacks, transition standards, open space, parking, landscaping, and connectivity, and will comply with all applicable design guidelines and development standards for residential multi-family uses in the RM-1 (Residential Multi-Family, Medium High Density) zone district. Therefore, the project is consistent with the standards and requirements of the Fresno Municipal Code.
Other Agencies
All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application P22-04389 and Development Permit Application P22-02376 (Exhibit I). The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated August 10, 2023.
Public Notice and Input
Neighborhood Meeting
On June 14, 2022, the applicant held a neighborhood meeting, in accordance with FMC Sections 15-5805 and 15-5006. The applicant mailed notices to property owners within 1,000 feet of the subject property. The applicant prepared and presented an overview of the project, including exhibits of the proposed development. A summary of the meeting provided as part of (Exhibit K).
Council District 7 Project Committee Review
The Council District 7 Project Review Committee is currently inactive.
Notice of City Council Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this public hearing to surrounding property owners within 1,000 feet of the subject property on July 28, 2023 (Exhibit L).
LAND USE PLANS AND POLICIES
Fresno General Plan
Residential Multi-Family districts are intended to accommodate a range of variety of multi-family housing types for individual lifestyles and space needs, and to ensure continued availability of a full range of affordable housing opportunities necessary to sustain a diverse labor force, consistent with the City's economic development and housing objectives of the General Plan.
The Fresno General Plan provides goals, objectives, and policies to guide development. As proposed, the project will be consistent with the following Fresno General Plan goals:
• Provide opportunities for the development of higher-density and affordable housing in neighborhoods throughout the city.
• Preserve, protect, and enhance the character of the city's medium and high-density neighborhoods. Promote the development of walkable, transit-supported neighborhoods.
• Ensure that the scale and design of new development and alterations to existing structures are compatible with the scale, mass, and character of their neighborhoods.
• Ensure adequate light, air, privacy, and outdoor living area for each dwelling.
• Ensure the provision of services and facilities needed to accommodate planned population densities and to achieve complete neighborhoods in the city's existing and future residential areas in accordance with the General Plan.
• Provide for appropriate densities within the ranges established in the General Plan. Protect the quality of the residential environment and secure the health, safety, and general welfare of the residents.
• Implement and provide appropriate regulations for General Plan classifications of "Medium High Density Residential," "Urban Neighborhood Density Residential," and "High Density Residential."
Plan Amendment and Rezone Application P22-04389 and related Development Permit Application P22-02376 meets the goals, policies, and objectives of the Fresno General Plan. The following are excerpts of such objectives.
General Plan Goal 7: 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.
General Plan Goal 8: 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.
General Plan Goal 10: Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno.
Objective LU-1 - Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.
• Policy LU-1-a - Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City.
Objective LU-2 - Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
• Policy LU-2-a - Promote the development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.
Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
• Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
• Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural, and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.
• Policy UF-1-f: Complete Neighborhoods, Densities, and Development Standards. Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
The proposed plan amendment meets the intent of the goals, objectives, and policies of the Fresno General Plan referenced herein above. Approval of the plan amendment and rezone would facilitate and achieve the above-mentioned goals, objectives, and policies of the General Plan. The subject property’s current use is a retail nursery, and the immediate project site is in an area generally characterized by existing residential land uses. Residential Single-Family, Extremely Low Density is located to the (North), Residential Single-Family, Medium Low Density is located to the (East), Residential Single-Family, Medium Density is located to the (West), and directly (South) is vacant land. The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a building of high-quality design at a scale compatible with the surrounding area; therefore, the project fosters a high-quality design and would contribute to the surrounding properties as they are all planned and zoned Residential land uses.
McLane Community Plan
Upon reviewing the policies in the McLane Community Plan, staff has determined that no policies are applicable or more restrictive than those in the Fresno Municipal Code (FMC) or the Fresno General Plan.
Fresno County Airport Land Use Compatibility Plan
The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project site is located within the (Fresno Yosemite International Airport (FYIA) Safety Zone 6 - Traffic Pattern Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 6 include hazards to flight.
The Airport Land Use Commission is expected to review the project at their August 7, 2023, regular meeting.
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.
The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration.
Pursuant to the California Public Resources Code (PRC) §§ 21093 and 21094 and California Environmental Quality Act (CEQA) Guidelines §§ 15070 to 15075, 15150, and 15152, this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment, which was not previously examined in the PEIR. After conducting a review of the adequacy of the PEIR pursuant to PRC § 21157.6(b)(1) and CEQA Guidelines §§ 15151 and 15179(b), the Planning and Development Department, as lead agency, finds 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.
The completed Appendix G/Initial Study Checklist, its associated narrative, technical studies, and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, Initial Study narrative, and any attachments thereto, combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA.
All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures.
With mitigation imposed under the PEIR and project specific mitigation, there is no substantial evidence in the record that this project may have additional significant, direct, indirect, or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department, as lead agency, finds 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.
Based upon the evaluation guided by the Appendix G/Initial Study Checklist, it was determined that there are project specific foreseeable impacts which require project level mitigation measures.
The Initial Study has concluded that the proposed project will not result in any adverse effects, which fall within the "Mandatory Findings of Significance" contained in § 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment.
Public notice has been provided regarding staff’s finding in the manner prescribed by § 15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions).
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).
A Public Notice of the attached Mitigated Negative Declaration for Environmental Assessment Application P22-04389/P22-02376 (Exhibit M) was published and filed to the State Clearing House on June 16, 2023, which commenced a 20-day comment period.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings of Sections 15-5206 (Development Permit Findings) and 15-5812 (Plan Amendment and Rezone Findings) of the Fresno
Municipal Code can be made. These findings are attached as (Exhibit N).
LOCAL PREFERENCE
Local preference was not considered because the project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the City 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 in as much 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 the goals and policies of the Fresno General Plan, McLane Community Plan, and the Fresno County Airport Land Use Compatibility Plan; 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 concludes that the required findings contained within Sections 15-5812 and 15-5306 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed Plan Amendment and Rezone Application P22-04389 and related Development Permit Application P22-02376 are appropriate for the subject property.
ATTACHMENTS:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Planned Land Use Map
Exhibit D - Zoning Map
Exhibit E - Project Information Tables
Exhibit F - Master Application / Owner’s Letter of Authorization
Exhibit G - Operational Statement
Exhibit H - Exhibits (Site Plan, Elevation Photos, & Landscape Plan)
Exhibit I - Conditions of Approval [8/10/2023]
Exhibit J - Department & Agency Comments
Exhibit K - Neighborhood Meeting Information
Exhibit L - Public Hearing Notice & Map
Exhibit M - Environmental Assessment P22-02376/P22-04389, Including Studies [6/16/2023]
Exhibit N - Fresno Municipal Code Findings
Exhibit O - Proposed Land Use Exhibit
Exhibit P - Proposed Rezone Exhibit
Exhibit Q - Planning Commission Resolutions (13804, 13805, & 13806)
Exhibit R - City Council Resolution for Plan Amendment P22-04389
Exhibit S - City Council Ordinance Bill for Rezone Application P22-04389
Exhibit T - PowerPoint Presentation