REPORT TO THE CITY COUNCIL
FROM: JENNIFER K. CLARK, Director
Planning and Development Department
BY: PHILLIP SIEGRIST, Planning Manager
Development Services Division
SUBJECT
Title
HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22-00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department.
1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and,
2. RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and,
3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and,
4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023.
Body
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and,
2. ADOPT RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and,
3. INTRODUCE AND ADOPT BILL - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and,
4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023.
EXECUTIVE SUMMARY
Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. has filed Plan Amendment/Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 pertaining to six (6) parcels totaling approximately ± 1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues.
Plan Amendment Application No. P22-00507 proposes to amend the Fresno General Plan, Bullard Community Plan, and Pinedale Neighborhood Plan to change the planned land use designations for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres).
The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to Commercial - General (±1.23 acres) zone district in accordance with the Plan Amendment Application.
Related Development Permit Application No. P22-00505 requests to construct an 11,664-square-foot, single-story medical clinic. The project proposes on and off-site improvements including but not limited to: two (2) points of ingress and egress; curbs, gutters, and sidewalks; landscaping; and guest and employee parking. The project will also require the construction of public facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. Under the current planned land use and zone district of Residential - Medium Density, the proposed use as a medical office would be prohibited. Under the proposed Commercial - General planned land use and zone district, the proposed use would be permitted by right.
On March 1, 2023, the Planning Commission considered the items as presented by staff in accordance with Fresno Municipal Code (FMC) Section 15-5808. Two (2) members of the public spoke on the project during the hearing. After a complete hearing, the Planning Commission voted and recommended the City Council adopt the environmental assessment and approve the plan amendment & rezone and development permit applications 6 votes to 0.
The City Council is considering this project pursuant to FMC Section 15-5810, which requires a City Council Hearing and Action for plan amendment and rezone applications.
BACKGROUND
Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 were filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. and pertains to six (6) contiguous parcels totaling approximately ± 1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues.
Surrounding Property Information
Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 were filed by Roger Hurtado of Centerline Design, LLC, on behalf of Valley Health Team, Inc. and pertains to six (6) contiguous parcels totaling approximately ± 1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues.
Surrounding Property Information
The project site is in an area generally characterized by a mix of existing land uses including Public Facilities (north), residential (south), commercial (east), residential (west). Furthermore, surrounding properties are planned and zoned for a mix of land uses which include Public Facility - Elementary School (north), Residential - Medium Density (south), Corridor - Center Mixed Use (east), and Residential - Medium Density (west). Properties located further to the south and southwest are planned for Commercial - General. Properties located further to the east are planned for Commercial - Regional. Additional surrounding property information such as the existing and planned land use designations, as well as the existing zoning districts surrounding the subject property can be found in Exhibits B, C, D, & E.
Project Description
The project proposes to develop an 11,664-square-foot, 28-foot-tall single-story medical clinic. The project proposes on and off-site improvements including but not limited to: two (2) points of ingress and egress; curbs, gutters, and sidewalks; landscaping; and employee and guest parking. The project will also require the demolition of two (2) existing on-site structures, which include a 923 square-foot single-family dwelling unit and 464 square-foot detached garage, and the construction of public facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno.
Proposed Building Design and Operations
The proposed facility is anticipated to serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day. Services to be provided also include telemedicine which will account for 25% (or 20+/- patients) of all client visits. Valley Health Team anticipates that 40-50% of patient visits will consist of residents from within the Pinedale community and students from Pinedale Elementary School.
The project is anticipated to employ approximately 40 staff members including providers and support staff at the site. The proposed hours of operations are Monday through Friday, from 8:00 a.m. to 6:00 p.m. based on demand, the proposed health center may offer expanded hours in the evenings to 8:00 p.m. and on Saturdays. An Urgent Care component may also be provided seven (7) days a week from 8:00 a.m. to 9:00 p.m. with a reduced staff, provided the demand for the service exists.
The health center will meet OSHPD3 requirements and will accommodate exam, treatment, labs, x-ray, behavioral health, dental and other rooms and offices. The health center will provide outpatient services in family medicine, internal medicine, pediatrics, perinatal care, gynecology, nutrition and health education, behavioral health, dentistry, diagnostic lab and x-ray, referral services for women, infants and children. Additionally, chiropractic and podiatry dispensing services will be offered.
The proposed project would also include a six-foot concrete masonry unit (CMU) wall and landscape buffer along the western project site boundary.
Vehicular access to the project site would be provided through two (2) new drive approaches located along West Beechwood Avenue and North Sugar Pine Avenue. Vehicle circulation within the project site would be provided by a network of two-way, 27-foot-wide driveways. The proposed project would include 56 vehicle parking spaces, including two (2) accessible parking stalls, one (1) van accessible parking stall, and six (6) stalls in the future would be designated for electric vehicle charging stations. In addition, the proposed project would provide six (6) bicycle parking spaces, including three (3) long-term bicycle lockers and three short-term bicycle racks.
Existing Land Use and Zoning
The subject property is located within the boundaries of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood Plan, and the Fresno County Airport Land Use Compatibility Plan (ALUCP). These plans designate the subject ±1.23-acre property for Residential - Medium Density planned land uses. The existing underlying RS-5 (Residential Single Family, Medium Density) zone district is consistent with the Residential - Medium Density planned land use designation.
Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan, the subject property is currently expected to yield approximately 6 - 14 dwelling units.
According to the Fresno General Plan, Medium Density Residential is intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhomes. Under the current planned land use designation and zone district of Residential - Medium Density, the proposed medical facility would be prohibited. Therefore, the subject Plan Amendment and Rezone Application (P22-00507) is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development.
Proposed Land Use and Zoning
Plan Amendment Application No. P22-00507 proposes to amend the Fresno General Plan and Pinedale Specific Plan to change the planned land use designations for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres). The rezone application component proposes to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) zone district in accordance with the Plan Amendment Application. The proposed underlying CG zone district is consistent with the proposed Commercial - General planned land use designation.
The Commercial - General planned land use designation and zoning classification accommodates a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses. Examples of allowable uses include: building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized.
Article 67 of the Fresno Municipal Code (FMC) provides use classifications which describe one or more uses of land having similar characteristics (e.g. residential uses, commercial uses, industrial uses, etc.), but do not list every use or activity that may appropriately be within the classification. Pursuant to FMC Section 15-6704 (Commercial Use Classifications), the proposed use would be classified as offices, Medical and Dental. Office uses providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.
Pursuant to Table 15-1202 (Land Use Regulations - Commercial Districts) of the FMC, Office uses, which includes Medical and Dental, are permitted “by right” in the CG zone district and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. Therefore, if approved, the project (Development Permit Application No. P22-00505) would be considered consistent with the proposed planned land use and zoning classification of Commercial - General.
Housing Crisis Act of 2019 (SB 330)
On October 9, 2019, Governor Newsom signed Senate Bill (“SB”) 330 enacting the “Housing Crisis Act of 2019.” This housing bill was effective starting January 1, 2020 and later amended through the adoption of Senate Bill 8 (SB 8), effective January 1, 2022 and will therefore remain in effect through January 1, 2030. One of the applicable provisions of this legislation, as it relates to Plan Amendments and Rezoning, includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation, specific plan designation, or zoning to a less intensive use, or reduce the intensity of an existing land use designation or zone district, below the density/intensity that was in effect on January 1, 2018; unless, the City concurrently increases density within its plans elsewhere within the City (i.e. corresponding up-zone) to ensure the total number of available residential units remain the same, resulting in no net loss of residential development capacity. Pursuant to SB 8, “concurrently,” was amended to be defined as follows: the action is approved at the same meeting of the legislative body; the action is approved at the same meeting of the legislative body or, if the action that would result in a net less or residential capacity is requested by an applicant for a housing development project, within 180 days; and the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity.
In this case, the subject area of ±1.23 acres is proposing a land use change from Residential - Medium Density to Commercial - General. The maximum density allowed in the Residential - Medium Density planned land use designation is 12 dwelling units per acre. Therefore, the proposed plan amendment and rezone application would result in a reduction of residential development capacity of 14 dwelling units; unless, a separate Plan Amendment/Rezone application that will increase the total number of residential units elsewhere in the City is concurrently approved by the City Council on the same day as the subject application (resulting in no net loss in residential capacity).
In accordance with SB 330 and SB 8, an affected city (including Fresno) cannot enact a change in the General Plan or Specific Plan designation or zoning to a less intensive use or reduce residential density below January 2018 levels without a concurrent up-zone. These are matters subject to Council Resolution and Ordinance. Therefore, it must be demonstrated that the proposed project will not result in a net loss prior to Council action.
The applicant has not submitted an application for a separate Plan Amendment and Rezone that would offset the loss of potential dwelling units for the subject area, consistent with SB 330. For purposes of this project complying with the provisions of SB 330 and SB 8, the City Council must “concurrently” approve a separate proposal or initiative that would offset the loss of potential dwelling units for the subject site in order to be consistent with SB330 & SB 8.
ANALYSIS
Traffic & Circulation
The Project site has three (3) existing street frontages; West Fir Avenue to the North, North Sugar Pine Avenue to the East, and West Beechwood Avenue to the South. The Fresno General Plan Circulation Element designates these roadways (West Fir Avenue, North Sugar Pine and West Beechwood Avenue) as local streets.
The project will include frontage improvements including but not limited to two (2) points of ingress and egress, curbs, gutters, and sidewalks. The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan, which generally represents areas near or outside the City Limits but within the Sphere of Influence (SOI) as of December 31, 2012. The threshold established by the Fresno General Plan in TIZ III is Level of Service “D” representing a high-density, but stable flow.
In accordance with Fresno General Plan Policy MT-2-I, given that the project includes a General Plan amendment, a Traffic Impact Study (TIS) is required. However, the project site and surrounding area already has appropriate multi-modal infrastructure improvements. As such, the City Traffic Engineer determined that a trip generation comparison would suffice in lieu of a TIS. A Trip Generation Analysis (TGA) was prepared by JLB Traffic Engineering, Inc. dated April 8, 2022 (Exhibit N) to evaluate the potential difference in traffic generation.
As identified in the TGA, vehicle trips and generation rates projected to be generated by the proposed project were calculated using the Institute of Traffic Engineers (ITE) Trip Generation Manual, 10th Edition.
Based upon the existing residentially 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 residences) is anticipated to generate approximately 104 Average Daily Trips (ADT) with 8 vehicle trips occurring during the morning (7 to 9 a.m.) peak hour travel period and 11 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period.
Based upon the proposed change in land use from Residential - Medium Density to Commercial - General, at full buildout the proposed project is projected to generate 406 Average Daily Trips (ADT) with 32 vehicle trips occurring during the morning (7 to 9 a.m.) peak hour travel period and 40 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 302 average daily trips, 24 morning peak hour trips and 29 evening peak hour trips.
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 PEIR.
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.
Vehicle Miles Traveled (VMT) Analysis
Senate Bill (SB) 743 requires that relevant California Environmental Quality Act (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.
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, dated June 25, 2020, pursuant to Senate Bill 743 to be effective of July 1, 2020. 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.
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.
A quantitative analysis was prepared by JLB Traffic Engineering (Exhibit N) utilizing the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). The results of the analysis indicated the proposed project is estimated to generate a maximum of 406 daily trips, 32 AM peak hour trips and 40 PM peak hour trips; which is lower than 500 ADT. The analysis concluded there are no impacts to VMT associated with this Project.
Air Quality and Greenhouse Gas Emissions
The California Emissions Estimator Model (CalEEMod) is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions (i.e. reactive organic gasses, oxides of nitrogen, small particulate matter, etc.) associated with both construction and operations from a variety of land use projects.
CalEEMod version 2020.4.0 was used to quantify direct emissions from construction and operation activities (including vehicle use), as well as indirect emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Overall, the project will not result in criterion pollutants and greenhouse gas emissions beyond adopted thresholds of significance. A more detailed analysis and evaluation of the projects air quality and greenhouse gas emissions impacts is included in Appendix A of the attached Environmental Assessment dated December 9, 2022 that was prepared for the project (Exhibit N).
Public Services
Sewer
The nearest sanitary sewer main to serve the proposed project is within the Pinedale County Water District service area, and it is anticipated that Pinedale County Water District will provide sewer service to the proposed development. The applicant shall contact the Pinedale County Water District for sewer service conditions and/or restrictions. The requirements listed above and additional requirements have been listed in the Department of Public Utilities memo dated November 3, 2022.
Water
The nearest water mains to serve the proposed project is within the Pinedale County Water District service area, and it is anticipated that Pinedale County Water District will provide water services (potable water and fire protection) to the proposed development. The applicant shall contact the Pinedale County Water District for water service conditions and/or restrictions. Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated November 3, 2022.
FMFCD
In the memorandum dated October 6, 2022, the FMFCD indicated that the existing Master Plan drainage system was designed to serve medium density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed commercial land use. As such, the project has been conditioned to mitigate the impacts of the increased runoff to a rate that would be expected if developed to medium density residential. The developer may either make improvements to the existing pipeline system to provide additional capacity or may implement a permanent peak reducing facility in order to eliminate adverse impacts on the existing system.
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.
Police
The City of Fresno Police Department did not provide comment.
Other Agencies
All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application No. P22-00507 and Development Permit Application No. P22-00505. The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated March 1, 2023.
Fresno Municipal Code
Given the conditions of approval dated March 1, 2023 (Exhibit J), Plan Amendment and Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505 will meet all of the provisions of the FMC, including but not limited to setbacks, transition standards, parking, landscaping, and connectivity, and will comply with all applicable design guidelines and development standards for Office uses (specifically Medical and Dental) in the CG (Commercial - General) zone district.
LAND USE PLANS AND POLICIES
Fresno General Plan
The project proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres). According to the Fresno General Plan, the Commercial - General planned land use designation is intended accommodate a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses. Examples of allowable uses include: building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized.
The Fresno General Plan provides goals, objectives, and policies to guide development. As proposed, the project will be consistent with the following Fresno General Plan goals:
• Increase opportunity, economic development, business, and job creation.
• Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth.
• Promote orderly land use development in pace with public facilities and services needed to serve development.
These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.
The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Economic Development elements of the Fresno General Plan:
• Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses.
• 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.
o 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.
o LU-1-c: Provision of Public Facilities and Services. Promote orderly land use development in pace with public facilities and services needed to serve development.
• 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.
o 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.
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 help facilitate and achieve the above-mentioned goals, objectives, and policies of the General Plan. The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facility - Elementary School (north), Residential - Medium Density (south), Corridor - Center Mixed Use (east), and Residential - Medium Density (west). The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses. The project also proposes a building of high quality design and at a scale compatible with the surrounding area; therefore, the project fosters a high quality design and would contribute to the mix of amenities in the surrounding area. Lastly, the project supports economic development by opening a new medical facility, which will provide 40 permanent, full-time jobs in North Fresno’s Pinedale Area.
Bullard Community Plan
There are no goals, objectives or policies within the Bullard Community Plan that would restrict or prohibit the proposed project (Plan Amendment, Rezone, and Development Permit). However, pursuant to FMC Section 15-104-B-4.a (Priority of Plans), should there be a conflict between the Development Code and any operative plan, or between two operative plans, the Development Code shall prevail.
Pinedale Neighborhood Plan
The Pinedale Neighborhood Plan (PNP) currently has principles and policies that would discourage commercial uses at the subject properties. Specifically, Objective D-1 which is intended to restrict the development of new commercial uses primarily to those areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road, directly southeast of the project site. Through Policy D.1.d, the PNP rezoned the subject properties which are properties along the westerly side of North Sugar Pine Avenue, between West Beechwood and West Fir Avenues from the C-6 (Heavy Commercial) zone district to R-2-A (Low Density Multiple-Family Residential, one story) zone district; properties which are now currently zoned RS-5 (Residential Single-Family, Medium Density).
However, the PNP includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services. The project (as proposed) will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of the Pinedale neighborhoods. In this way, the project (proposed rezone/plan amendment and related development permit) may be found consistent with the intent and vision of the PNP.
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. The project site is located within the Fresno-Chandler Executive Airport’s (FCE) Safety Zone 7 - Precision Approach Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 7 include hazards to flight. Furthermore, the following Development conditions do not apply; No object shall have a height that would penetrate the airspace protection surface of the airport. Any object that penetrates one of these surfaces is, by FAA definition, considered an obstruction. A proposed object having a height that exceeds the airport’s airspace protection surface shall be allowed only if, upon conclusion of the FAA’s 7460 review process, the FAA determines that the object would not be a hazard to air navigation.
The Airport Land Use Commission reviewed the project as submitted at their December 5, 2022, regular meeting and approved a Finding of Consistency with the ALUCP. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan.
Public Notice and Input
Neighborhood Meeting
Prior to submittal of the proposed project, the applicant held a neighborhood meeting on February 22, 2021. Several members of the Pinedale community were in attendance where the applicant provided an overview of the proposed project and addressed comments, questions, and concerns. All but one (1) of the attendees expressed support for the proposed project. A summary of the meeting is available and attached with the Master Application/Operational statement in Exhibit G.
Council District Project Committee Review
On October 10, 2022, the Council District 2 Project Review Committee reviewed this project and unanimously voted (3-0-0) to recommend Approval. Further, recommended the project be approved promptly and open as soon as possible to provide necessary services.
Historic Preservation Commission
On November 28, 2022, the Historic Preservation Commission reviewed the Cultural Resource Assessment pursuant to Sections 15064.5 and 15126.4(b) of the California Environmental Quality Act guidelines and unanimously (4-0-1) recommended approval (to Planning Commission and City Council) of Plan Amendment/Rezone Application No. P22-00507 and related Development Permit Application No. P22-00505.
Fresno County Airport Land Use Commission
As mentioned in the Land Use and Policies section above, the Fresno County Airport Land Use Commission reviewed the project as submitted at their December 5, 2022, regular meeting and approved a Finding of Consistency with the ALUCP.
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 17, 2023 (Exhibit K).
Fresno City Planning Commission Action/Recommendation
On March 1, 2023, the Planning Commission considered the item as presented by staff, followed by a brief presentation by the applicant. No members of the public spoke in opposition and two (2) members of the public spoke in support of the project. However, one of which raised several concerns primarily related to traffic and safety, security, and nuisances; all of which were addressed by the project applicant. No letters and/or e-mails were received in opposition or support of the project. After a complete hearing, the Planning Commission voted and recommended the City Council approve the rezone and development permit applications 6 votes to 0, with 0 Commissioners absent. The Planning Commission resolutions (Exhibit L) are attached for more information.
Notice of City Council Hearing
On June 2, 2023, the Planning and Development Department mailed notices of the City Council Hearing to surrounding property owners within 1,000 feet of the subject site in accordance with Section 15-5007 of the FMC. See Exhibit M for Notice of City Council Hearing.
ENVIRONMENTAL FINDINGS
An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration.
Pursuant to the California Public Resources Code (PRC) §§ 21093 and 21094 and California Environmental Quality Act (CEQA) Guidelines §§ 15070 to 15075, 15150, and 15152, this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment, which was not previously examined in the Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (“PEIR”). After conducting a review of the adequacy of the PEIR pursuant to PRC § 21157.6(b)(1) and CEQA Guidelines §§ 15151 and 15179(b), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete, has become available.
The completed Appendix G/Initial Study Checklist, its associated narrative, technical studies and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, Initial Study narrative, and any attachments thereto, combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA.
All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures.
With mitigation imposed under the PEIR and project specific mitigation, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR was certified as complete has become available.
Based upon the evaluation guided by the Appendix G/Initial Study Checklist, it was determined that there are project specific foreseeable impacts which require project level mitigation measures.
The Initial Study has concluded that the proposed project will not result in any adverse effects, which fall within the "Mandatory Findings of Significance" contained in § 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment.
Public notice has been provided regarding staff’s finding in the manner prescribed by § 15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions).
Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
A public notice of the attached Negative Declaration for Environmental Assessment Application No. P22-00507/P22-00505 (Exhibit N) was published on December 9, 2022. To date, no response letters have been received.
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.
HOUSING ELEMENT FINDINGS
The project is located across six (6) parcels; five (5) of which are part of the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a combined minimum capacity of five (5) above moderate units for this site. This project proposes 0 units of housing which is less than the established minimum residential capacity. Therefore, the City Council must make the required findings pursuant to California Government Code §§ 65863. These findings are attached as Exhibit O.
LOCAL PREFERENCE
Local preference was not considered because the project does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Planning and Development Department.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, Bullard Community Plan, Pinedale Neighborhood 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. P22-00507 and related Development Permit Application No. P22-00505 are appropriate for the subject property.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Planned Land Use Map
Exhibit D - Zoning Map
Exhibit E - Project Information Tables
Exhibit F - Noticing Map
Exhibit G - Master Application & Owner’s Letter of Authorization
Exhibit H - Operational Statement
Exhibit I - Exhibits (Site Plan, Elevations, Floor Plans, and Landscape Plan)
Exhibit J - Conditions of Approval dated March 1, 2023
Exhibit K - Planning Commission Public Hearing Notice & Noticing Map
Exhibit L - Planning Commission Resolutions 13789, 13790, and 13791
Exhibit M - City Council Public Hearing Notice & Noticing Map
Exhibit N - Environmental Assessment (Including Studies)
Exhibit O - Fresno Municipal Code and Housing Element Findings
Exhibit P - City Council Resolution for Plan Amendment No. P22-00507
Exhibit Q - City Council Ordinance Bill for Rezone Application No. P22-00507
Exhibit R - PowerPoint Presentation