REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning & Development Department
BY: ROB HOLT, Supervising Planner
Planning & Development Department
SUBJECT
Title
HEARING to consider Plan Amendment-Rezone Application No. P19-05889, Development Permit Application No. P20-01559, and related Environmental Assessment No. P19-05889/P20-01559 pertaining to approximately 4.83 acres of property located on the northwest corner of East Tulare Street and North Helm Avenue (Council District 7) - Planning & Development Department.
1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P20-01559/P19-05889, dated January 30, 2024, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA)
2. RESOLUTION - Approving Plan Amendment Application No. P19-05889, requesting authorization to amend the Fresno General Plan and Roosevelt Community Plan to change the planned land use designation for the subject property from Medium Low Density Residential to Urban Neighborhood
3. BILL (for introduction and adoption) - Approving Rezone Application No. P19-05889, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single-Family, Medium Low Density) zone district to RM-2 (Residential Multi-Family, Urban Neighborhood) zone district in accordance with the Plan Amendment Application
4. APPROVE - Development Permit Application No. P20-01559, requesting authorization to construct a multi-unit housing development comprised of 112 affordable dwelling units for seniors.
Body
RECOMMENDATIONS
1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P20-01559/P19-05889, dated January 30, 2024, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and,
2. ADOPT RESOLUTION approving Plan Amendment Application No. P19-05889, requesting authorization to amend the Fresno General Plan and Roosevelt Community Plan to change the planned land use designation for the subject property from Medium Low Density Residential to Urban Neighborhood; and
3. INTRODUCE AND ADOPT BILL approving Rezone Application No. P19-05889, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single-Family, Medium Low Density) zone district to RM-2 (Residential Multi-Family, Urban Neighborhood) zone district in accordance with the Plan Amendment Application; and
4. APPROVE Development Permit Application No. P20-01559, requesting authorization to construct a multi-unit housing development comprised of 112 affordable dwelling units for seniors.
EXECUTIVE SUMMARY
Justo Padron of SER-Jobs for Progress Inc. has filed Plan Amendment-Rezone Application No. P19-05889 and related Development Permit Application No. P20-01559 pertaining to approximately 4.83 acres located on the northwest corner of East Tulare Street and North Helm Avenue.
Plan Amendment Application No. P19-05889 proposes to amend the Fresno General Plan and Roosevelt Community Plan to change the planned land use designation for the subject property from Medium Low Density Residential to Urban Neighborhood.
The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single-Family, Medium Low Density) zone district to the RM-2 (Residential Multi-Family, Urban Neighborhood) zone district in accordance with the Plan Amendment Application.
Development Permit Application No. P20-01559 requests authorization to construct a multi-unit housing development comprised of 112 affordable dwelling units for seniors. The 112 dwelling units will be distributed among nine (9) two-story and ten (10) single-story residential buildings. Each dwelling unit will comprise of one (1) bedroom and one (1) bathroom. The development will also include a caretaker/manager’s unit, an office/club house with community hall/banquet room, exercise room, laundry facilities, and outdoor swimming pool.
Fresno City Planning Commission Action
On February 21, 2024, the Planning Commission considered the item as presented by staff, followed by a presentation by the applicant. One member of the public spoke in support of the project and no members of the public spoke in opposition of the project. After a complete hearing, the Planning Commission voted and recommended the City Council approve the plan amendment, rezone, development permit, and related environmental assessment. The Planning Commission Resolutions (Exhibits S, T, and U) are attached for more information.
BACKGROUND
Plan Amendment-Rezone Application No. P19-05889 and Development Permit Application No. P20-01559 were filed by Justo Padron of SER-Jobs for Progress Inc. and pertains to approximately 4.83 acres located on the northwest corner of East Tulare Street and North Helm Avenue.
Surrounding Property Information
The subject property is located in an area generally characterized by existing single-family and multi-family residential and educational land uses. The site is currently occupied by a single-family residence in the southwestern portion of the site, by vacant land in the northern portion of the site, and by the remains of a former olive orchard in the southwest portion of the Project site. The Project site is bounded by East Tulare Street on the south and North Helm Avenue on the east. Adjacent to the south, west, and north of the Project site are single-family residences, and adjacent to the east of the Project site is Kings Canyon Middle School.
Furthermore, surrounding properties are planned for Medium Low Density and Medium High Density residential uses to the north and west respectively; Public Facility - Middle School uses to the east (across North Helm Avenue); and Medium Density Residential uses to the south.
Project Description
Development Permit Application No. P20-01559 proposes a multi-unit housing development comprised of 112 affordable dwelling units for seniors. The 112 dwelling units will be distributed among nine (9) two-story and ten (10) single-story residential buildings. Each dwelling unit will comprise of one (1) bedroom and one (1) bathroom. The development will also include an on-site caretaker/manager’s unit, an office/club house with community hall/banquet room, exercise room, laundry facilities, and outdoor swimming pool. An existing drive approach along East Tulare Avenue will be removed and replaced with two (2) new drive approaches along North Helm Avenue. Additional on and off-site improvements to be provided include: a six-foot-high (6’) wrought iron fence and two private gated entryways along North Helm Avenue; tenant and guest parking; landscaping; and curbs, gutters, and sidewalks. In addition, the project will also include required dedications and vacations of easements and excess portions of city street rights-of-way.
Existing Land Use and Zoning
The subject property is located within the boundaries of the Fresno General Plan, Roosevelt Community Plan, and the Fresno County Airport Land Use Compatibility Plan (ALUCP). These plans designate the subject property for Medium Low Density Residential planned land uses. The existing underlying RS-4 (Residential Single-Family, Medium Low Density) zone district is consistent with the existing Medium Low Density Residential planned land use designation.
According to the Fresno General Plan, Medium Low Density Residential is intended to provide single family detached housing with densities of 3.5 to 6 units per acre. Furthermore, the purpose of Single-Family Residential districts is to provide for a variety of single-family residences built to urban or suburban standards to suit a spectrum of individual lifestyles and needs, and to ensure availability throughout the city of the range of housing types necessary for all segments of the community, consistent with the General Plan.
Under the current planned land use designation and zone district of Medium Low Density Residential, the proposed multi-family residential development would not be a permitted use. Therefore, the subject Plan Amendment and Rezone Application (P19-05889) is required to change the existing zoning and land use to a planned land use designation and zone district in which this use is permissible to facilitate the proposed development.
Proposed Land Use and Zoning
Plan Amendment Application No. P19-05889 proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Medium Low Density Residential to Urban Neighborhood (Exhibit P). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single-Family, Medium Low Density) zone district to the RM-2 (Residential Multi-Family, Urban Neighborhood) zone district in accordance with the Plan Amendment Application (Exhibit Q). The proposed underlying RM-2 zone district is consistent with the proposed Urban Neighborhood planned land use designation.
Pursuant to Table 15-1002 (Use Regulations - Residential Multi-Family Districts) of the FMC, Multi-Unit Residential uses are permitted in the RM-2 zone district. Therefore, if approved, the proposed development project (Development Permit Application No. P20-01559) would be considered consistent with the proposed planned land use and zoning classification of Urban Neighborhood.
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 property is proposing a land use change from Medium Low Density Residential to Urban Neighborhood. The density allowed in the Medium Low Density Residential planned land use designation is 3.5-6 dwelling units per acre. The density allowed in the proposed Urban Neighborhood planned land use designation is 16-30 dwelling units per acre. Therefore, the proposed plan amendment and rezone application would result in an increase of residential development capacity of 116 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 net residential capacity 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 because it is increasing the net residential capacity; therefore, the City Council will not need to approve a separate proposal or initiative as there is no loss in planned residential dwelling unit capacity for the subject area.
ANALYSIS
Traffic & Circulation
The Project site has two (2) existing street frontages located on East Tulare Street and North Helm Avenue. The Fresno General Plan Circulation Element designates East Tulare Street as a collector street and North Helm Avenue as a local street.
The project will include frontage improvements including but not limited to the removal of one (1) existing point of ingress and egress along East Tulare Street and the addition of two (2) new points of ingress and egress along North Helm Avenue. In addition, frontage improvements will also include curbs, gutters, and sidewalks. The proposed project is located within Traffic Impact Zone II pursuant to Figure MT-4 of the Fresno General Plan, which generally represents areas of the City currently built up and wanting to encourage infill development.
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 Scope of TIS (Scope) was prepared by Peters Engineering Group dated November 19, 2019 (Exhibit K) to evaluate the potential difference in traffic generation.
As identified in the Scope, 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 312 Average Daily Trips (ADT) with 25 vehicle trips occurring during the morning (7 to 9 a.m.) peak hour travel period and 33 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-4 (Residential Single-Family, Medium Low Density) to RM-2 (Residential Multi-Family, Urban Neighborhood), at full buildout the proposed project is projected to generate 820 Average Daily Trips (ADT) with 52 vehicle trips occurring during the morning (7 to 9 a.m.) peak hour travel period and 63 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 508 average daily trips, 27 morning peak hour trips and 30 evening peak hour trips, which does not exceed the minimum threshold requirement of 200 new peak hour trips, pursuant to Fresno General Plan Policy MT-2-I for TIZ-II. 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 December 29, 2020.
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 is no longer a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.”
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, pursuant to Senate Bill 743 to be effective 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 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 6.0 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).
Public Services
Sewer
The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main located in East Tulare Street and a 12-inch sewer main located in North Helm 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 December 28, 2020.
Water
The nearest water main to serve the proposed project is an 8-inch sewer main located in North Helm Avenue and a 12-inch sewer main located in East Tulare Street. In addition, there is an existing 6-inch house branch serving the property North Helm Avenue. Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated December 28, 2020.
Fresno Metropolitan Flood Control District (FMFCD)
The subject property is located is located in the Fresno Metropolitan Flood Control District’s (FMFCD) Drainage Area “Y.” 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 February 21, 2024 (Exhibit I), Plan Amendment and Rezone Application No. P19-05889 and related Development Permit Application No. P20-01559 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-2 (Residential Multi-Family, Urban Neighborhood) 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 No. P19-05889 and Development Permit Application No. P20-01559 (Exhibit I). The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated February 21, 2024.
Public Notice and Input
Neighborhood Meeting
A neighborhood meeting was held to discuss the proposed project on January 15, 2020 at 6:00 p.m. at the Las Casitas Senior Village, Community Center at 156 South Willow Avenue. A total of 16 residents attended the meeting, all of which were in favor of the project with no concerns.
Council District 7 Project Committee Review
The Council District 7 Project Review Committee was inactive during the review of this project.
Notice of Planning Commission Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on February 9, 2024 (Exhibit M).
Fresno County Airport Land Use Commission
In accordance with Section 15-5808, the Airport Land Use Commission (ALUC) shall also review all Rezones and Plan Amendments that are within the ALUC's purview.
The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno Yosemite International Airport’s (FYI) 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 and outdoor stadiums and similar uses. While the project site is not designated as Urban on Exhibit D1 of the Fresno Yosemite International Airport, the project will not result in an intensity of more than 300 persons per acre.
The Airport Land Use Commission reviewed the project as submitted at their October 4, 2021, regular meeting and approved a Finding of Consistency with the ALUCP with the condition that a Part 77, Form 7460 shall be filed with the Federal Aviation Administration (FAA). The Part 77, Form 7460 was submitted to the FAA on September 22, 2021. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan.
Notice of City Council Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this City Council hearing to surrounding property owners within 1,000 feet of the subject property on February 9, 2024 (Exhibit M).
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.
• 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-Rezone Application No. P19-05889 and Development Permit Application No. P20-01559 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 single-family ranchette, and the immediate project site is in an area generally characterized by existing residential land uses. Adjacent to the south, west, and north of the Project site are single-family residences, and adjacent to the east of the Project site is Kings Canyon Middle School. Furthermore, surrounding properties are planned for Medium Low Density Residential and Medium High Density Residential uses to the north and west; Public Facility - Middle School uses to the east (across North Helm Avenue); and Medium Density Residential uses to the south. The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a residential development 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.
Roosevelt Community Plan
Upon reviewing the policies in the Roosevelt 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. However, pursuant to FMC Section 15-104-B-4.a, should there be a conflict between the Roosevelt Community Plan and the Development Code, the development code shall prevail.
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 and outdoor stadiums and similar uses. While the project site is not designated as Urban on Exhibit D1 of the Fresno Yosemite International Airport, the project will not result in an intensity of more than 300 persons per acre.
The Airport Land Use Commission reviewed the project as submitted at their October 4, 2021, regular meeting and approved a Finding of Consistency. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan.
ENVIRONMENTAL FINDINGS
An initial environmental assessment 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 Roosevelt Community Plan area, including the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 (“PEIR”). These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system.
The proposed project has been determined to be a subsequent project that is not fully within the scope of the PEIR as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, the Planning and Development Department proposes to adopt a Mitigated Negative Declaration for the proposed project.
It has been further determined that all applicable mitigation measures of the Project Specific Mitigation Monitoring Checklist have been applied to the project as necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
Based upon the attached environmental assessment and applicable 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 and has prepared a Mitigated Negative Declaration for this project. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment No. P19-05889/P20-01559 (Exhibit N) was published in the Fresno Bee on January 30, 2024, with no comments received to date.
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 O).
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, Roosevelt 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 No. P19-05889 and related Development Permit Application No. P20-01559 are appropriate for the subject property.
LOCAL PREFERENCE
Local preference was not considered because this project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative Action by the 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 & Development Department.
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, and Landscape Plan)
Exhibit I - Draft Conditions of Approval [2-21-2024]
Exhibit J - Department/Agency Comments
Exhibit K - Scope of Traffic Impact Study (TIS) [9-19-2019]
Exhibit L - Neighborhood Meeting Information
Exhibit M - Public Hearing Notice & Map
Exhibit N - Environmental Assessment No. P19-05889/P20-01559 [1-30-2024]
Exhibit O - Fresno Municipal Code Findings
Exhibit P - Proposed Land Use Exhibit
Exhibit Q - Proposed Rezone Exhibit
Exhibit R - Neighborhood Meeting Minutes
Exhibit S - Planning Commission Resolution No. 13831 (Plan Amendment Application No. P19-05889)
Exhibit T - Planning Commission Resolution No. 13832 (Rezone Application No. P19-05889)
Exhibit U - Planning Commission Resolution No. 13833 (Development Permit Application No. P20-01559)
Exhibit V - City Council Resolution for Plan Amendment Application No. P19-05889
Exhibit W - City Council Ordinance Bill for Rezone Application No. P19-05889
Exhibit X - City Council Hearing PowerPoint Presentation