REPORT TO THE PLANNING COMMISSION
May 1, 2019
FROM: MIKE SANCHEZ, Assistant Director
Development Services Division
THROUGH: BONIQUE EMERSON, Planning Manager
Development Services Division
RALPH KACHADOURIAN, Supervising Planner
Development Services Division
BY: PHILLIP SIEGRIST, Planner III
Development Services Division
SUBJECT
Title
Consideration of Conditional Use Permit Application No. C-15-165, Vesting Tentative Parcel Map No. 2015-09, and related Environmental Assessment No. C-15-165/TPM-2015-09, located on the south side of West Barstow Avenue Alignment between North Grantland Avenue and North Veterans Boulevard (Council District 2 - Councilmember Brandau) - Development and Resource Management Department.
1. ADOPT the Mitigated Negative Declaration as prepared for California Environmental Quality Act (CEQA) Environmental Assessment No. C-15-165/VTPM-2015-09 dated November 26, 2018;
2. APPROVE Conditional Use Permit Application No. C-15-165 subject to compliance with the Conditions of Approval dated March 20, 2019; and
3. APPROVE Vesting Tentative Parcel Map No. 2015-09 subject to compliance with the Conditions of Approval dated March 20, 2019.
Body
EXECUTIVE SUMMARY
Ken Motschiedler of Barken Development and Construction, on behalf of Adamas, LLC, has filed Conditional Use Permit Application No. C-15-165 and related Vesting Tentative Parcel Map No. 2015-09 pertaining to ± 42.15 acres of property located on the south side of the West Barstow Avenue Alignment between North Grantland Avenue and the North Veterans Boulevard Alignment.
Vesting Tentative Parcel Map No. 2015-09 has been filed for purposes of subdividing the entire ±42.15 acres of property into four parcels, two outlots for trail and canal purposes, and one outlot for future development. Conditional Use Permit Application No. C-15-165 proposes to construct a 172 unit multiple family residential apartment complex (Westbridge Apartments) in two phases on a ±12.43 acre portion of the subject property. The subject property is zoned R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)
The Development and Resource Management Director approved Conditional Use Permit Application No. C-15-165 and Vesting Tentative Parcel Map No 20015-09 on March 20, 2019. In response to the Notice of Action granting the special permit, an appeal of the Director’s decision was received in accordance with FMC Section 15-5017-A-1.Therefore, the subject applications are being considered by the Planning Commission.
BACKGROUND
Project Description
Conditional Use Permit Application No. C-15-165 and related Vesting Tentative Parcel Map No. 2015-09 were filed by Ken Motschiedler of Barken Development and Construction, on behalf of Adamas, LLC, and pertain to approximately ±42.15 acres of property located on the south side of the West Barstow Avenue Alignment between North Grantland Avenue and the North Veterans Boulevard Alignment. The applicant proposes to subdivide the subject property and construct a 172 unit multiple family residential apartment complex (Westbridge Apartments).
The approximately ±42.15 acre subject property is currently split zoned RM-1+CMX/UGM (Residential Multi-Family, Medium High Density + Corridor-Center Mixed Use /Urban Growth Management) under the new General Plan and Zoning Map. However, as mentioned in the Project Information Table (Exhibit F), the subject applications were submitted and accepted prior to the adoption of the new Development Code and the new Zoning Map. Therefore, staff analyzed the proposed project under the previous zoning designation and applicable property development standards.
The entire ±42.15 acre parcel is zoned R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) under the previous zoning map. Conditional Use Permit Application No. C-15-165 was previously routed for comment on December 18, 2015 and originally proposed 180 multi-family residential units. However, during the initial project routing/comment period it was determined that the project required an approved Geometric Approved Drawing (GAD) detailing future right-of-way and future roadway improvements including but not limited to level geometrics, a conceptual pavement delineation plan, striping and pavement markings, lengths of turn pockets, lane widths, bike lane locations and widths, layout of striped median islands, sidewalk patterns and curb returns. Therefore, the project was placed on hold until the GAD was approved by the Public Works Department. Following approval of the GAD (Exhibit J), revisions to the previously submitted site plan and parcel map exhibits were required in order to be consistent with the approved GAD. During this time the project applicant reduced the total number of proposed units.
Conditional Use Permit Application No. C-15-165 now proposes an alternative layout and the development of a 172 unit (eight less) multiple family residential apartment complex consisting of one, two, and three bedroom units in two and three story buildings on a ±12.43 acre portion of the subject property (Exhibit K). The project will be constructed in two phases with the first phase consisting of 96 units and the second phase consisting of 76 units. The proposed complex will include 86 detached garages, 172 covered carports, and 87 uncovered open parking stalls (345 total parking spaces); a 4,445 square-foot recreation/office building; and community amenities such as a swimming pool, a dog park, and common activity areas.
Related Vesting Tentative Parcel Map No. 2015-09 (Exhibit L) has been filed for purposes of subdividing the entire ±42.15 acres of property into four parcels (A, B, C, & D), two outlots to be dedicated for trail and canal purposes, and one outlot for future development. Development of the multiple family residential project being proposed under with Conditional Use Permit Application No. C-15-165 will occur on the four proposed parcels. No development has been proposed for the remaining portion property designated for future development (Outlot C) at this time.
The project will also require dedications, vacations, and/or acquisitions for public street rights-of-way and utility easements as well as the construction of public facilities and infrastructure in accordance with the standards, specifications and policies of the City of Fresno in order to facilitate the future proposed development of the subject property.
The subject property is located within the Fresno General Plan and the West Area Community Plan. Both plans designate the site for medium high density residential planned land uses which, according to the Fresno General Plan Land Use and Zoning Consistency Crosswalk Table 1 (Exhibit M), is consistent with the previous R-2 zone district. Pursuant to Section 12-212.3-H of the Fresno Municipal Code (FMC), multiple family projects on sites containing two or more net acres in area are permitted in the R-2 zone district subject to a conditional use permit.
The subject property is greater than two net acres, is consistent with the current planned land uses and previous zoning approved for the project site and will implement the goals, objectives, and policies of the Fresno General Plan and the West Area Community Plan. Therefore, the proposed project is permitted subject to conditional use permit required findings of FMC Section 12-405-A-2 (previous development code findings).
Density
Conditional Use Permit Application No. C-15-165 proposes the development of a 172 unit multiple family residential apartment complex on ±12.43 acres of property designated for Medium High Density Residential planned land uses, which has an allowable density range of 12 to 16 units per acres. Based upon the residentially planned land use density and acreage allocations currently designated by the Fresno General Plan, the subject property is expected to yield approximately 149 - 198 dwelling units. Therefore, these figures demonstrate that development in accordance with Conditional Use Permit Application No. C-15-165 is consistent with the planned land use and allowable density for the subject property.
Pursuant to Policy W-5-b of the West Area Community Plan, for multiple-family apartments for sites greater than four acres, the minimum site area per dwelling unit shall not be less than 2,700 square feet. The ±12.43 acres (approximately 541,451 square feet) of property to be developed with 172 multiple family dwelling units will yield approximately 3,148 square feet per dwelling unit. Therefore, development of the proposed project is in accordance with applicable density criteria contained in the West Area Community Plan.
Fresno Municipal Code
Parking
Pursuant to FMC Section 12-306-I-6 there shall be one and one-half parking spaces for each dwelling unit, one of which shall be in a carport or garage. In the event that a requirement for one-half parking space results under this ratio, the parking space requirement shall be increased to the next highest whole number. In addition, the number of bicycle parking spaces to be provided shall be equal to 10% of the automobile parking spaces provided, but not to exceed a total of 10 bicycle stalls, which may be located indoors. Therefore, the following applies:
172 units x 1.5 = 258 required parking spaces (172 in a carport/garage, 86 uncovered)
258 x 10% = 25.8 à 26 à Therefore, 10 required bicycle parking spaces.
The proposed site plan depicts 86 detached garages, 172 covered carports, 87 uncovered open parking stalls (345 total vehicular parking spaces), and 0 bicycle parking spaces to be provided. Therefore, the proposed project meets the minimum off-street vehicular parking requirement and no additional parking is required. However, the developer will be required to provide 10 bicycle parking spaces.
Circulation Element Plan Policies and Street System Traffic Capacity
The subject property is generally located on the south side of the West Barstow Avenue Alignment between North Grantland Avenue and North Veterans Boulevard. The Fresno General Plan Circulation Element designates West Barstow Avenue as a Local street; North Grantland Avenue as an Arterial street; and the planned North Veterans Boulevard as a Super Arterial street. The project also proposes the development of two new streets; North La Paz Avenue (parallel to an existing Epstein canal) as a Local Collector and West Keats Avenue (parallel to the Herndon Canal) as a Collector.
The proposed project will also be required to construct all necessary street frontage improvements to City Standards. In addition, future phased development of the proposed project will be required to dedicate and construct improvements along all major street frontages and on any future proposed interior local streets within respective phases in accordance with City of Fresno standards, specifications and requirements. The project will also provide and facilitate additional pedestrian connectivity through the development of a planned trail along the West Keats Avenue/Herndon Canal alignment.
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. The threshold established by the Fresno General Plan in TIZ III is Level of Service “D” representing a high-density, but stable flow.
Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed 172 unit multiple family residential project would generate 1,197 Average Daily Trips (ADT), with 92 vehicle trips occurring during the morning peak hour travel period (7 to 9 a.m.) and 112 vehicle trips occurring during the evening peak hour travel period (4 to 6 p.m.).
A Traffic Impact Study (TIS) for the proposed multi-family development evaluated the impacts of the project by analyzing three intersections in the vicinity of the project during the morning and evening peak hours. Vehicle trips projected to be generated by the project were calculated using the Institute of Traffic Engineers (ITE) Trip Generation Manual.
The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed project and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in MEIR.
The project TIS assessed the impacts of the new development on existing and planned streets (including 3 study intersections in the project vicinity) combined with future projects for cumulative considerations. Based upon the analyses included in the TIS, all intersections would operate at an acceptable Level of Service (D or better) under Existing, Existing plus Project, Near-Term (2018), and Near-Term plus Project scenarios. Under Cumulative (2035) and Cumulative (2035) plus Project Conditions, Barstow and Veterans intersection is anticipated to operate at a level of service E for both AM and PM. The project is anticipated to add 4.1 seconds in delay to the PM peak hour at Barstow and Veterans intersection 2035.
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) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Major and local street dedications; (3) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (4) 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 City Traffic Engineer dated August 11, 2016 which are included in the Conditions of Approval dated March 20, 2019 (Exhibit N).
Therefore, although an increase in traffic is expected as a result of the project, with project specific mitigation and MEIR mitigation, no significant impacts to traffic or transportation will result from the project.
Public Services
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 mitigation measures of the related Master Environmental Impact Report; and, the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies. The project applicant shall comply with the Public Utilities Department requirements as detailed in the Conditions of Approval dated March 20, 2019.
Sewer
The nearest sanitary sewer main to serve the proposed project is a 12-inch main located in West Barstow Avenue. For sewer service, infrastructure improvements and facilities include typical requirements for construction of sanitary sewer mains and branches as well as sewer and water main extensions within West Barstow, West Keats, and North La Paz Avenues. The proposed project will also be required to provide payment of sewer connection charges.
Water
The nearest water main to serve the proposed project is a 14-inch main located in West Barstow Avenue. Implementation of the Fresno General Plan policies and the mitigation measures of the associated Master Environmental Impact Report, along with the implementation of the Water Resources Management Plan and the identified project related conditions of approval, which include water main extensions and installation of services with meters payment of applicable Water Capacity Charges will provide an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes. The proposed project will also be required to provide payment of water connection charges and fees.
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 installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources water; installation of fire sprinklers within future commercial buildings; and the provision of two means of emergency access during all phases of construction. Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Development and Resource Management Department when a submittal for building plan review is made as required by the California Building Code.
The City of Fresno Fire Department also reviewed the project to determine if it can be adequately served by Fire Personnel and Facilities consistent with NFPA 1710 Objectives. NFPA 1710 sets standards for turnout time, travel time, and total response time for fire and emergency medical incidents, as well as other standards for operation and fire service. The Fire Department operates its facilities under the guidance set by NFPA 1710 and has established department objectives set forth in NFPA 1710 to ensure the public health, safety, and welfare.
This project is currently within the service area for Fire Station 18. Based upon the current level of calls for service, the anticipated annual increase of calls for service of 11.28%, and the location of the temporary Fire Station 18 at a site that is not centrally located within the service area, the Fire Chief has determined that this project cannot be adequately served by existing Fire Facilities and Personnel, consistent with NFPA 1710 Objectives. Specifically, a 4 minute response time to fire calls in the Fire Station 18 service area is met only 39.96% of the time. In addition, truck response time in the service area does not meet the 8 minute standard. Instead, truck response time averages 11 minutes and 6 seconds. Finally, 20.7% of service incidents within the Fire Station 18 Service Area are responded to by Personnel from Fire Station 16, thus increasing the burden on facilities and personnel to the adjacent area.
In order to ensure public health and safety are maintained the Fresno Fire Department, in the memoranda dated January 18, 2019, issued conditions of project approval specifically related the funding and construction of Permanent Fire Station 18 which includes but is not limited to withholding issuance of Certificates of Occupancy for any building within the project footprint until after full funding for construction is secured but prior to commencement of construction or until after construction of Permanent Fire Station 18 has commenced. Development plans for the new Fire Station have recently been approved by DARM and underwent its own CEQA review to determine potential environmental impacts.
Flood Control
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that the subject site does not appear to be located within a flood prone area. However, the subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. Therefore, development of the site must not interfere with the ability to operate and maintain the canal or pipeline and the existing capacity must be preserved.
The developer shall also construct Master Plan Facilities in West Barstow Avenue from North La Paz Avenue to West Keats Avenue. Furthermore, construction of future Master Plan Facilities in Barstow Avenue from North La Paz Avenue to Veterans Boulevard, as shown on Exhibit No. 1 of the FMFCD memorandum dated October 24, 2018, shall be deferred until street improvements for this section are required.
The District has stated that construction of facilities in Drainage Area “EM”, as identified on Exhibit No. 1 of the aforementioned FMFCD memorandum, will provide permanent drainage service for the area west of Veterans Boulevard (portion of Outlot C for future development). However, the District has stated that permanent service will not be available for the area east of Veterans Boulevard (portion of Outlot C for future development). Therefore, the District recommends temporary facilities be required until permanent drainage service is available. In addition, the proposed project shall comply with the FMFCD Flood Plain Policy and the City of Fresno Floodplain Management Ordinance.
LAND USE PLANS AND POLICIES
Fresno General Plan
The Fresno General Plan designates the subject property proposed for development for Medium High Density Residential planned land uses and provides objectives to guide in the development of this project. The proposed project will facilitate development of the site with a multi-family family residential project, which is the intent of the Fresno General Plan for this property. Objectives and policies within the Fresno General Plan support diverse housing types, efficient and equitable use of resources, and single multi-family residential infill development. Some of those objectives and policies are outlined below:
• 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-d: Range of Housing Types. Provide for diversity and variation of building types, densities, and scales 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-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.
• Objective UF-12: Locate roughly one-half of future residential development in infill areas-defined as being within the City on December 31, 2012-including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land.
• 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 Development within the Existing City Limits as of December 31, 2012. 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: Infill Development and Redevelopment. Promote 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 LU-5: Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities.
The proposed project would allow development on existing properties within the City of Fresno. The project promotes multi-family residential development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development on infill properties. Infill development conserves resources and takes advantage of existing infrastructure. Furthermore, the proposed multi-family development promotes a city of healthy communities and will enhance the overall character of the neighborhood by creating a more complete neighborhood.
West Area Community Plan
The subject property is designated for medium high density residential planned uses by the West Area Community Plan. Upon reviewing the policies contained in the Plan staff has determined that the following policies apply.
• Objective W-3: Provide streetscapes which create a positive image of the West Area and contribute to the West Area Community's quality of life.
§ Policy W-3-c: Provide a 15-foot landscaped setback, or the setback required by the Fresno Municipal Code, whichever is greater, along all collector streets and along the Gettysburg alignment transportation corridor. Planned elements of the city's master trail system may be located partially within this setback.
• Objective W-5: Provide for the appropriate distribution and design of multiple-family and clustered residential uses, to establish and maintain safe, attractive, and stable residential neighborhoods and to preserve long-term integrity of the West Area Community.
§ Policy W-5-b: sites greater than 5 acres, minimum site area per dwelling unit shall not be less than 2,700 square feet.
Public Notice and Input
Council District Project Review Committee
The Council District 2 Project Review Committee reviewed and approved the proposed project at their meeting on October 8, 2018 by a 5-0-1 vote (one member absent) with no conditions.
Notice of Environmental Assessment
A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. C-15-165/TPM-2015-09 was published on November 26, 2018 with no comments or appeals received to date.
Notice of Intent to Take Action
The Development and Resource Management Department mailed a Notice of Intent to Take Action to surrounding property owners within 1,000 feet of the subject site on November 19, 2018, in accordance with FMC Section 15-5305. In response to the mailed Notice of Intent to Take Action, approximately seven phone calls, a combination of twelve emails and letters of concern, and one petition letter with seven signatures were received. The emails and letters of concern, attached as Exhibit O, primarily focused on traffic impacts, decrease in property values, overcrowding of schools, and an increase in crime.
Notice of Action
The Director of the Development and Resource Management Department approved Conditional Use Permit Application No. C-16-097 on March 20. In accordance with FMC Sections 12-406 and 15-5009, the Development and Resource Management Department mailed a Notice of Action to surrounding property owners within 1,000 feet of the subject site on April 4, 2019. In response to the mailed Notice of Action, two formal appeal letters, dated March 23, 2019 and April 5, 2019, were received. The appeal letters, attached as Exhibit P, listed several reasons for the appeal including but not limited to noise, decrease in property value, crime, overcrowding of schools, aesthetics,
Notice of Planning Commission Hearing
In accordance with Section 15-5007 of the FMC, the Development and Resource Management Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on April 19, 2019 (Exhibit Q). No comments have been received to date.
Analysis of Comments & Concerns
An analysis of the comments and concerns expressed in the letters and emails that were received in response to the Notice of Intent to Take Action and the Notice of Action is attached as Exhibit R.
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 West Area Community Plan area, including the Fresno General Plan Master Environmental Impact Report (MEIR SCH No. 2012111015). 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; and, student generation projections and school facility site location identification.
The proposed conditional use permit and related vesting tentative parcel map have been determined to not be fully within the scope of the recently updated MEIR SCH No. 2012111015 as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of SCH No. 2012111015 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by SCH No. 2012111015 as provided by CEQA Section 15178(a). 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 MEIR was certified 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, 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 the list of identified 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. As previously mentioned, a public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. C-15-165/TPM-2015-09 (Exhibit S) was published on November 26, 2018 with no comments or appeals received to date.
Project specific mitigation measures include conducting Phase I Environmental Site Assessment (ES) prior to grading or construction; payment of Fresno Metropolitan Flood Control District’s drainage fees in accordance with the Notice of Requirements, construction of Master Plan Facilities and temporary facilities (ponding basins), and preserving the existing capacity of the existing Epstein Canal without interfering with the Districts ability to operate and maintain the canal; compliance with the Departments of Public Works requirements related to street infrastructure including payment of Traffic Signal Mitigation Impact (TSMI) fee, Fresno Major Street Impact (FMSI) fee, Regional Transportation Mitigation Fee (RTMF) prior to issuance of building permits.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings of Section 12-405-A-2 of the FMC and of the Subdivision Map Act (California Government Code 66474, et seq.) can be made. These findings are attached as Exhibit T to this staff report.
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 West Area Community 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. Upon consideration of this evaluation, it can be concluded that Conditional Use Permit Application No. C-15-165 and related Vesting Tentative Parcel Map No. 2015-09 are appropriate for the project site.
Planning Commission action of the proposed Conditional Use Permit and Vesting Tentative Parcel Map is final, unless appealed to the City Council in accordance with FMC Section 15-5017.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Planned Land Use
Exhibit D - Zoning Map (Current)
Exhibit E - Zoning Map (Previous/Applicable)
Exhibit F - Project Information Tables
Exhibit G - Noticing Map
Exhibit H - Master Application
Exhibit I - Operational Statement
Exhibit J - Geometric Approved Drawing (GAD)
Exhibit K - Site Plan for Conditional Use Permit Application No. C-15-165
Exhibit L - Vesting Tentative Parcel Map No. 2015-09
Exhibit M - Fresno General Plan Land Use and Zoning Consistency Crosswalk Table 1
Exhibit N - Conditions of Approval dated March 20, 2019
Exhibit O - Emails and Letters of Concern in Response to Notice of Intent
Exhibit P - Appeal Letters in Response to Notice of Action
Exhibit Q - Notice of Planning Commission Hearing
Exhibit R - Analysis of Comments & Concerns
Exhibit S - Environmental Assessment dated November 26, 2018
Exhibit T - Fresno Municipal Code Findings