REPORT TO THE PLANNING COMMISSION
July 3, 2024
FROM: ISRAEL TREJO, Planning Manager
Planning and Development Department
THROUGH: ROB HOLT, Supervising Planner
Planning and Development Department
BY: JOHN GEORGE, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of an appeal filed regarding Development Permit Application No. P23-01190 and related Environmental Assessment for property located at 1911 East Copper River Drive on the southwest corner of East Copper River Drive and North Maple Avenue (Council District 6).
1. ADOPT Environmental Assessment No. P23-01190 dated February 14, 2024, an Addendum to the Final Subsequent Environmental Impact Report State Clearinghouse No. 2000021003 (SEIR) for the proposed project pursuant to the California Environmental Quality Act (CEQA).
2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Development Permit Application No. P23-01190 authorizing the construction of a 114-unit gated multi-family residential development, subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P23-01190 dated April 22, 2024.
Body
EXECUTIVE SUMMARY
Development Permit Application No. P23-01190 was filed by Granville Homes and pertains to approximately 7.11 acres of vacant property located at 1911 East Copper River Drive. The subject property is located in the RM-2/UGM/cz (Multi-Family Residential, Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district.
On April 22, 2024, the Planning and Development Director approved Development Permit Application No. P23-01190 based upon the project’s compliance with the required findings for Development Permits pursuant to Fresno Municipal Code (FMC) Section 15-5206 (Exhibit A).
A Notice of Action was posted with the Fresno City Clerk on April 22, 2024. Staff received three appeals of the Director’s decision filed on May 7, 2024 (Exhibit B).
Staff recommends upholding the Director’s approval based on substantial evidence in this staff report that shows the multi-family development is a permitted use subject to approval of a Development Permit in the RM-2/UGM/cz (Multi-Family Residential, Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district, subject to compliance with all provisions of the Citywide Development Code, and is consistent with applicable policies of the Woodward Park Community Plan and Fresno General Plan.
BACKGROUND
The subject property is a vacant site located on the southwest corner of East Copper River Drive and North Maple Avenue. The general vicinity surrounding the subject property are primarily single-family residential neighborhoods, a golf course, and two shopping centers. Immediately to the west is a ponding basin and PG&E substation. Immediately to the north are single family residences and a golf course. Immediately to the east is an existing commercial shopping center and south is a commercial shopping center currently under development.
The proposed project requests authorization to construct a 114-unit gated multi-family residential development. The project proposes on-site and off-site improvements including, but not limited to, 19 two-story multifamily residential buildings, a recreational building with indoor swimming pool and gym, dog park, open space areas, landscaping, curb, gutter, and sidewalk. Direct vehicular access to the development will only be provided from East Copper River Drive via two private gated entrances.
Conditions of Zoning
Conditions of zoning were placed on the site in 2021 with approval of Rezone Application No. P21-01875. This application is subject to compliance with the mitigation measures established by the certification of Final Subsequent Environmental Impact Report State Clearinghouse No. 2000021003 prepared for Copper River Ranch.
Copper River Ranch History - EIR
The Copper River Ranch Development was originally submitted to and approved by the County of Fresno Board of Supervisors in 2000. The project was designated and zoned for a mixture of uses including commercial, multi-family residential, and single-family residential. In 2001, the City of Fresno initiated the update of the General Plan and included the Copper River Ranch area. The Copper River Ranch Project was approved in 2003 by the Fresno City Council. The Copper River Ranch area has been in a state of development since 2004 and today, there are commercial and residential uses within the area.
The City of Fresno prepared and certified an Environmental Impact Report (No. 10126) for the Copper River Ranch Project (State Clearinghouse #2000021003), adopted in 2003. Said EIR analyzed the impacts of the following:
• 2,837 residential units on 706 acres
• 250,000 square feet of office/commercial (60 acres)
Copper River Ranch History - SEIR
The Copper River Ranch Project has been building out/developing since 2003 in general conformance to what was analyzed in the 2003 EIR. However, as development has occurred there have been some changes regarding subdivision layouts, number of units, and some changes to locations of commercial/office. In addition, there are approximately 170.77 acres that were not studied as part of the 2003 EIR and which the project applicant proposes to eventually develop approximately 109 acres of the 170.77 acres. As such, those areas required additional environmental evaluation, and a Subsequent Environmental Impact Report (SEIR) was prepared and included a full evaluation of the “new” project areas as well as all proposed land use changes and associated maps.
The SEIR consisted of adding approximately 109 acres to the Copper River Ranch development that was not included in the original 2003 Copper Ranch EIR and included land use and zoning designation changes within the existing 706.5-acre Copper River Ranch development. Under the original EIR, this property was planned for Community Commercial prior to Rezone Application No. P21-01875. The subject property of the proposed Development Permit was included within the SEIR for Urban Neighborhood Residential uses. On December 9, 2021, the Fresno City Council certified Final SEIR SCH No. 2000021003 relative to the overall Copper River Ranch project.
California Housing Shortage
Since about 1970, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years for prices and rents to decline. Approval of the Development Permit would help contribute to fulfilling the housing needs of the region.
Housing Accountability Act (Senate Bill (SB) 167)
The Housing Accountability Act (HAA) defines a housing development project as a project consisting either of residential units only, mixed-use developments consisting of residential and nonresidential units, or transitional housing or supportive housing.
Pursuant to Government Code Section 65589.5(j), the HAA prohibits a local agency from disapproving a housing development project that complies with applicable objective general plan and zoning standards and criteria, unless the local agency makes specified written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
Landscaping/Walls/Open Space
Open Space
Pursuant to FMC Table 15-1003, the minimum on-site open space requirement of the RM-2 zone district is 15 percent of the subject property area. The subject property is approximately 7.11 acres in size (309,712 square feet), equating to a minimum on-site open space requirement of 1.06 acres (46,457 square feet). The project proposes approximately 1.64 acres (71,343 square feet) of open space that includes various open space areas, a dog park, and recreational building with an indoor swimming pool and gym. This equates to 23 percent of the subject property developed as open space which exceeds the minimum requirement of 15 percent, providing consistency with FMC Table 15-1003.
Density and Massing Development Standards
Density
Pursuant to FMC Table 15-1003, the density range requirement of the RM-2 zone district is between 16 and 30 dwelling units per acre (du/ac). The project proposes a total number of 114 dwelling units on approximately 7.11 acres of property, equating to a density of 16.03 du/ac, consistent with the density range requirement of the RM-2 zone district.
Height
The maximum height requirement in the RM-2 zone district is 50 feet. The project proposes the tallest building at a peak height of 29’-1”, providing consistency with the maximum height requirement of the RM-2 zone district.
Setbacks
The setback requirements are as follows:
• Front setback (North Maple Avenue): Not applicable due to the subject property being located outside of the Priority Areas of the General Plan (Note 1 in FMC Table 15-1003).
• Interior side setback (southern property line): The minimum interior side yard setback requirement in the RM-2 zone district is five feet (5’). The site plan depicts the interior side yard setback at approximately 31 feet, providing consistency with the minimum interior side yard setback requirement of the RM-2 zone district.
• Street side yard setback (East Copper River Drive): The minimum street side yard setback requirement for parcels greater than 125 feet in depth in the RM-2 zone district is 15 feet. The site plan depicts the street side yard setback at approximately 24’, providing consistency with the minimum street side yard setback requirement of the RM-2 zone district.
• Rear yard setback (western property line): The minimum rear yard setback requirement in the RM-2 zone district is 15 feet. The site plan depicts a rear yard setback at approximately 30’-6”, providing consistency with the minimum rear yard setback requirement of the RM-2 zone district.
• Parking, from back of sidewalk: FMC Section 15-1004. C.1.a states that surface parking which is located behind a building shall not be subject to the parking setback requirement. The site plan depicts all surface parking located behind buildings; thus, the project is not subject to the parking setback requirement.
The maximum lot coverage requirement of the RM-2 zone district is 50 percent. The site plan depicts a proposed lot coverage of approximately 33 percent, providing consistency with the maximum lot coverage requirements of the RM-2 zone district.
Parking
The project proposes all 114 dwelling units as two-bedroom units. FMC Table 15-2409 requires that for two-bedroom units of “Multi-Unit Residential” uses, one covered parking space is required per dwelling unit, and one additional guest parking space is required per every two dwelling units. This results in a minimum requirement for a total of 171 parking spaces (114 covered and 57 uncovered). The site plan proposes 114 garages and 143 uncovered parking spaces for a total of 257 parking spaces. The proposed project provides an excess of the minimum parking requirements of the applicable zone district.
Given the analysis above and incorporation of the conditions of approval, Development Permit Application No. P23-01190 will meet all the provisions of the FMC, including all applicable design guidelines and development standards of the RM-2 zone district.
Public Services
Public Utilities
The Department of Public Utilities (“DPU”) has identified that adequate sanitary sewer and water services are available to serve the project subject to the requirements listed in the memorandum dated September 8, 2023, as well as implementation of the Fresno General Plan policies and the mitigation measures of the SEIR; and, the construction and installation of public facilities and infrastructure in accordance with Department of Public Works Standards, specifications and policies.
For water service, required infrastructure improvements and facilities include installation of private water services and meters.
Installation of these services with meters to proposed residential units along with payment of applicable Water Capacity Charges comprise this project’s obligations toward implementation of the Fresno General Plan policies. Implementation of the project-related conditions of approval will provide an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes.
Fresno Metropolitan Flood Control District
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project has permanent drainage service and can be accommodated by the district, upon construction of facilities to be constructed by the developer. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated October 4, 2023.
Fire Department
The subject property is located within the boundaries of the Fire Station 17 Service Area. Additional Fire service requirements for development of the proposed project will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards.
Streets and Access Points
The Fresno General Plan designates East Copper River Drive and North Maple Drive as major streets (Collector). The project will take direct vehicular access from two access points on East Copper River Drive via gated entrances.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division memorandum dated August 31, 2023. These requirements include: (1) 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.
Council District Project Review Committee
Council District Review Committees are not required to provide recommendations for Development Permits in Multi-Family Districts using the Certainty Option, pursuant to FMC Section 15-4906. D.1.a. The Certainty Option, pursuant to FMC Section 15-1005. B. states that street facing facades for buildings adjacent to a public street shall comply with standards related to building length articulation, building materials and finishes, window design, façade alignment, external stairs, balconies, and other faced elements. As such, this project was not reviewed by the Council District 6 Project Review Committee.
ANALYSIS OF THE APPEAL LETTERS
Staff received three appeals of the Director’s decision filed on May 7, 2024 (Exhibit B). Analysis of each of these appeals is provided below.
1) Below is an analysis of the issues raised in the appeal letter dated May 7, 2024 (10:58 a.m.)
Issue #1: The community has an abundance of multi-family development in the area, including one at the corner of Copper and Friant, which is not completely developed yet, and another one on the corner of Copper and Chestnut. These two multi-family developments have children that are assigned to Fugman Elementary School which we heard was projected to be at capacity for the following school year. Projects in the area must be mindful of over-saturation and strain on the roadways and at Fugman Elementary School.
Staff Response: The Clovis Unified School District provided the city with a memorandum dated August 17, 2023. The memorandum indicated that because of the projected growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than the school listed in the above letter, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years.
Issue #2: We were unaware of the parcel being subdivided into the commercial center and this multi-family development. The community was previously polled by Granville Homes and the majority of the community wanted a market. The community was shocked to find out the development was changed to multi-family without notification.
Staff Response: As stated above, the Copper River Ranch Project adopted a Subsequent EIR (SEIR) and Plan Amendment-Rezone Application No. P21-01875, approved by City Council on December 9, 2021, that was noticed consistent with the requirements of the California Environmental Quality Act (CEQA), and the Development Permit was noticed consistent with the notification requirements of the Fresno Municipal Code. The property is planned for Urban Neighborhood Residential uses, in which multi-unit residential developments are a permitted use.
Issue #3: There is concern that the multi-family complex will create on-street parking issues.
Staff Response: As analyzed previously, the project is providing a total of 257 parking spaces where a minimum of 171 parking spaces are required, resulting in an excess of 86 total parking spaces.
Issue #4: We are concerned about this project creating more crime in the area.
Staff Response: The Northeast Fresno Police Department did not provide any comments on the proposed project.
2) Below is an analysis of the issues raised in the appeal letter dated May 7, 2024 (4:51 p.m.)
Issue #1: The increased influx of residents will lead to a surge in traffic, creating congestion at the roundabout & surrounding streets, potentially compromising pedestrian safety. The roadways that surround this complex were not designed for this number of residents.
Staff Response: The Department of Public Works determined that a traffic study was not required unless a Plan Amendment and/or Rezone were required. The minimum number of peak hour trips required to determine if a traffic study is required is 100 peak hour trips. Based on the ITE Trip Generation Manual 11th Edition, multi-family residential projects have a higher PM peak-hour trip rate than the AM peak-hour trip rate. The proposed project would generate a total of 58 PM peak hour trips, thus not requiring a traffic study.
Issue #2: The neighborhood's infrastructure, including sewage systems, water supply, and public services, may not be equipped to handle the increased demand resulting from the addition of a 114-unit multi-family complex. There are additional concerns with the police and fire departments that are already stretched thin covering our area.
Staff Response:
The Department of Public Utilities (DPU) memorandum dated April 19, 2024, states that the nearest water mains that will serve the project are a 12-inch water main located in East Copper River Drive and a 12-inch water main located in North Maple Avenue. The developer will be required to install private on-site water facilities including installation of new water services and meters. Additionally, the developer will be required to pay Water Capacity Fee charges for the installation of the new water services and meters that will serve the project. The DPU memorandum also states that the nearest sanitary sewer mains that will serve the project are a 12-inch sewer main located in East Copper River Drive and a 24-inch sewer main located in the public utility easement located along the westerly property line of the subject property. The developer will be required to install private on-site sanitary sewer facilities including the installation of new sewer service branches. Additionally, the developer will be required to pay Sewer Connection Charges for the lateral sewer charge, oversize sewer charge, wastewater facility sewer charge, and Copper Avenue sewer lift-station benefit service area fee.
The Fire Department memorandum dated October 19, 2023, requires that the site plan depict all lanes to be marked as fire lanes. This is a condition of approval for the project.
Thus, the neighborhood’s infrastructure, with incorporation of the Department of Public Utilities and Fire Department conditions of approval, is equipped to handle the increased demand of utilities for the proposed project.
Issue #3: Instead of additional multi-family housing complexes, why can’t the City of Fresno build a neighborhood park? Single-family homes or a 55 and older community are also other options that we feel could help mitigate the aforementioned impacts as well.
Staff Response: The City of Fresno does not own the property and the applicant that submitted the Development Permit application desires to develop the property as a multi-family development, which is a permitted use in the RM-2 zone district.
3) All issues raised in the appeal letter dated May 7, 2024 (4:55 p.m.) have already been addressed in the above-mentioned staff responses.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1000 feet of the subject property on June 21, 2024, pursuant to Section 15-5007 of the FMC (Exhibit D).
Land Use Plans and Policies
The Fresno General Plan designates the subject site for Urban Neighborhood planned land uses. This project meets policies and objectives of the Fresno General Plan and objectives related to land use and the urban form:
Goals
• 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.
• 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.
Objectives
• Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
• 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.
• Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
• Objective D-1: Provide and maintain an urban image that creates a “sense of place” throughout Fresno.
Policies
• Policy UF-1-a: Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
• Policy UF-1-d: 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 LU-2-a: 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.
• Policy LU-5-e: Promote urban neighborhood residential uses to support compact communities and Complete Neighborhoods that include community facilities, walkable access to parkland and commercial services, and transit stops.
• Policy LU-5-g: Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
• Policy LU-5-h: Support housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.
• Policy D-1-a: Require all new multi-family residential development along BRT and other transit or pedestrian-oriented streets (Collector and Local), including high-rise, townhomes, or other units, to provide direct pedestrian street access and to promote walkable connectivity, individualization, family-friendly development, identity, and street safety to the maximum extent reasonably feasible.
The proposed project provides a variation of density in the area that is developed and planned for primarily single-family residential uses. The proposed multi-family development provides the appeal for a broader range of density and market-based options for living and working to suit a large range of income level. The proposed project promotes the development of vacant land where urban services are available.
The proposed project offers the prospective residents a range of amenities including private open space (patios, balconies, dog park, open space areas, and a recreational building with an indoor swimming pool and gym) and two pedestrian gates providing direct access to East Copper River Drive where two commercial shopping centers are in walkable distance from the subject property (approximately 1,000 feet from furthest pedestrian gate to nearest commercial shopping center).
Thus, based on the above analysis, the proposed project supports the objectives, goals, and policies of the Fresno General Plan.
Woodward Park Community Plan
Upon reviewing the policies contained in the Woodward Park Community Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan.
ENVIRONMENTAL FINDING
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.
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, specifically the Final Subsequent Environmental Impact Report State Clearinghouse (SCH) No. 2000021003 (“SEIR”).
The proposed project has been determined to be a subsequent project that is fully within the scope of the SEIR as provided by the Project Description of the SEIR (Parcel 11 development). Therefore, the Planning and Development Department proposes to adopt an addendum to the SEIR.
Pursuant to CEQA Guidelines Section 15164(a), a Lead Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether a subsequent environmental review is required for this project. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects because the project is being implemented as planned. Specifically, this item will implement the plans for Parcel 11 as specified in the SEIR. The only minor technical change here is to the unit number for the multi-family development, which specifies 114 units for Development Permit No. P23-01190, where the SEIR provided a potential range of units from 102-191.
2. No substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous EIR showing that:
a. The project will have one or more significant effects not discussed in the previous EIR.
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR.
c. Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that a subsequent EIR is not required for this approval, and therefore staff has prepared an addendum to the SEIR solely to specify the exact number of multi-family units for the subject site which was already analyzed for multi-family development in the SEIR. Please see the attached environmental assessment (Exhibit I).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-5206 et seq. of the Fresno Municipal Code can be made. These findings are attached as Exhibit A.
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 Woodward Park Community Plan; compliance with the provisions of the FMC; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and exhibits. Staff concludes that the required findings contained within Section 15-5206 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed project is appropriate for the project site.
ATTACHMENTS:
Exhibit A - Fresno Municipal Code Findings
Exhibit B - Appeal Letters
Exhibit C - Aerial Map
Exhibit D - Public Hearing Notice Radius Map (1,000 ft)
Exhibit E - Conditions of Approval for Development Permit Application P23-01190 [4-22-2024]
Exhibit F - Operational Statement
Exhibit G - Site Plan, Floor Plan, Elevations
Exhibit H - Comments and Requirements from Responsible Agencies
Exhibit I - Environmental Assessment No. P23-01190 [2-14-2024]