REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning and Development Department
BY: ISRAEL TREJO, Planning Manager
Planning and Development Department
ROB HOLT, Supervising Planner
Planning and Development Department
SUBJECT
Title
HEARING to Consider an appeal regarding Development Permit Application No. P21-00989 and related Environmental Assessment for property located at 7056 North Prospect Avenue on the northeast corner of West Herndon and North Prospect Avenues (Council District 2) - Planning and Development Department.
1. ADOPT - Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) under a CEQA Guidelines Section 15332/Class 32 Categorical Exemption.
2. GRANT the appeal and UPHOLD the Planning and Development Director’s approval of Development Permit Application No. P21-00989 authorizing the construction of an 82-unit private gated multi-family development, subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P21-00989 dated May 15, 2024.
Body
RECOMMENDATIONS
1. ADOPT Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15332/Class 32 Categorical Exemption.\
2. GRANT the appeal and UPHOLD the Planning and Development Director’s approval of Development Permit Application No. P21-00989 authorizing the construction of an 82-unit private gated multi-family development, subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P21-00989 dated May 15, 2024.
EXECUTIVE SUMMARY
Development Permit Application No. P21-00989 was filed by Jamie Huelskamp of Park 7, LLC, and pertains to approximately 3.7 acres of vacant property located at 7056 North Prospect Avenue. The subject property is located in the RM-2/EA/UGM/cz (Multi-Family Residential, Urban Neighborhood/Expressway Area Overlay/Urban Growth Management/conditions of zoning) zone district.
On March 25, 2024, the Planning and Development Director approved Development Permit Application No. P21-00989 based upon the project’s compliance with the required findings for Development Permits pursuant to Fresno Municipal Code (FMC) Section 15-5206 (Exhibit A).
Fresno City Planning Commission Action
On May 15, 2024, the Planning Commission considered an appeal of the item as presented by staff, followed by a presentation by the applicant. After a complete hearing, the Planning Commission voted to uphold the appeal to deny the project and deny the project subject to the following finding:
• Project is inconsistent with Finding B in that it does not meet the General Plan in regards to Urban Neighborhood residential planned land use, and it does not take into account significant growth within the City of Fresno and the project would result in traffic impacts detrimental to the project.
The Planning Commission Resolution is attached for more information (Exhibit K).
Approximately 29 individuals spoke in opposition to the project. The proximity to the site of those individuals speaking in opposition to the project is shown in the attached Exhibit N. The reasons cited for opposition include the following assertions: 1) The project’s proposal of 3-story and 4-story buildings are too tall and not consistent with the existing character and aesthetic of the neighborhood; 2) The project would exacerbate existing traffic congestion issues along Herndon Avenue, Prospect Avenue, and the elementary school; 3) The project has insufficient parking for the proposed 82 dwelling units and would result in overparking in Orchid Park and elsewhere in the neighborhood; 4) There is no safe route from the project to the nearby elementary school; 5) the 4-story building would not allow Fire Department trucks to utilize ladder deployment on the fourth story; and, 6) there is not adequate access to transit.
On May 29, 2024, Mayor Jerry Dyer and Councilmember Mike Karbassi, District 2, filed an appeal of the Planning Commission’s decision (Exhibit B).
Staff recommends upholding the appeal and reinstating 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/EA/UGM/cz (Multi-Family Residential, Urban Neighborhood, Expressway Area Overlay/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 Fresno County Airport Land Use Compatibility Plan, Bullard Community Plan, and Fresno General Plan.
BACKGROUND
The subject property is a vacant site located on the northeast corner of West Herndon and North Prospect Avenues. The general vicinity surrounding the subject property are primarily single-family residential neighborhoods apartment complex, elementary school, and a shopping center. Immediately to the north is Orchid Park across West Fir Avenue. Immediately to the east and south (across West Herndon Avenue) are single family residences. Immediately to the west across North Prospect Avenue is vacant land.
The proposed project requests authorization to construct an 82-unit private gated multi-family development. The project proposes on-site and off-site improvements including, but not limited to, three (3) three-story multifamily residential buildings and one four-story building multifamily residential building, one approximately 1,907 square-foot community center building, one swimming pool area, one dog park area. Direct vehicular access to the development will only be provided from North Prospect Avenue via one private gated entrance. One emergency vehicle access approach is proposed along West Fir Avenue. Three private pedestrian gates will be provided along West Fir Avenue and two private pedestrian gates will be provided along North Prospect Avenue.
Zoning History of the Subject Property
Previous General Plan
The subject property was designated for Office Commercial planned land use under the previous general plan; additionally, the property was zoned C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district. The previous general plan was adopted in 2002.
On February 10, 2011, Plan Amendment Application No. A-10-09 and Rezone Application No. R-10-07, were adopted by the Fresno City Council. Said applications changed the land use designation of the subject property from Office Commercial to Neighborhood Commercial and rezoned of the subject property from the C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district to the C-1/EA (Neighborhood Shopping Center District/Expressway Area Overlay) zone district.
It is noted that Plan Amendment Application No. A-10-09 and Rezone Application No. R-10-07 also rezoned the abutting property to the east from the C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district to the R-2/EA (Low Density Multiple Family Residential District/Expressway Area Overlay) zone district.
Current General Plan
The current general plan was adopted by the Fresno City Council on December 18, 2014. The adoption of the current general plan changed the planned land use designation of the subject property from Neighborhood Commercial to Urban Neighborhood Residential. Subsequently, the Fresno City Council adopted a citywide zoning code in December 2015, that ensured consistency with zoning and the general plan planned land use designations. As part of the citywide zoning code update, the subject property was rezoned from the C-1/EA (Neighborhood Shopping Center District/Expressway Area Overlay) zone district to the RM-2/EA (Multi-Family Residential, Urban Neighborhood/ Expressway Area Overlay) zone district.
Housing Accountability Act
The Housing Accountability Act (HAA) (See Exhibit M for Housing Accountability Act Decision Matrix) defines a housing development project as a project consisting of residential units only, mixed-use developments consisting of residential and nonresidential units, 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.
Housing Element
This project is located on a parcel listed in the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates 61 units of low/very low-income housing at this site. This project was previously analyzed relative to the Sites Inventory in 2021. The 2013-2023 RHNA obligation for low/very low income was 8,834 units and the existing surplus capacity was 4,198 units for a total existing capacity of 13,032 units. As the reduction of low/very low capacity was previously accounted for in the Sites Inventory, and as the remaining sites identified in the Housing Element are determined to be adequate and to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.
Landscaping/Walls/Open Space
Walls
An Acoustical Study was completed for the project dated January 14, 2021 (Exhibit J). The findings of the Acoustical Study were based on traffic noise exposure levels modeled using the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (Model). The FHWA Model is the industry standard used for the determination of traffic noise exposure levels. Inputs to the model include vehicle volume, vehicle speed, roadway configuration, overall percentage of trucks, the distribution of day versus night traffic, and distance from the centerline of both directions of traffic to the location of the receiver. The recommendations of the Acoustical Study are as follows:
• A sound wall constructed along the project site property line with West Herndon Avenue, constructed to a minimum height of six feet (6’) above project grade elevation would reduce
exterior noise levels within first-floor patios below the City’s maximum exterior noise level standard.
The Acoustical Study recommended a minimum six-foot (6’) tall sound wall be required. Pursuant to FMC Section 15-1604(C)(1)(c), the Expressway Area (EA) Overlay District development standards for residential districts requires, “Any barrier necessary to achieve acceptable noise levels shall not be less than eight feet in height and may be a wall, an earth berm, or any combination of wall and earth berm.” The Acoustical Study recommended a minimum 6’ tall sound wall, whereas the EA Overlay District development standards require a minimum eight-foot (8’) sound wall, earth berm, or combination of both.
The project is conditioned to require the EA Overlay District development standard requirement, specifically, an 8’ sound wall, and therefore exceeds the recommendation of the Acoustical Study.
The south-facing individual units with balconies on the 2nd through 4th floors in the building closest to West Herndon Avenue can be exempted from the exterior noise requirements of Fresno Municipal Code (FMC) Table 15-2506-B (Noise Exposure from Transportation Noise Sources). An exemption is allowed if balconies are not included in on-site open space calculations. Only balconies on the 2nd through 4th floors of the south-facing side of the building closest to West Herndon Avenue were excluded from the on-site open space calculations, thus also being exempted from the exterior noise requirements of the FMC.
Trail
In accordance with Figure MT-2: Paths and Trails of the Fresno General Plan, a Class 1 Bicycle and Pedestrian trail has been dedicated and exists on the north side of West Herndon Avenue along the proposed project frontage. The trail will serve the prospective residents of the complex.
Open Space
Pursuant to FMC Table 15-1003, the minimum on-site open space requirement of the RM-2 zone district is 15 percent. The subject property is approximately 3.7 acres in size (161,172 square feet), equating to a minimum on-site open space requirement of 24,176 square feet.
FMC Section 15-1004. D.2.b allows for an open space reduction (up to 25 percent) from the minimum required if there is a public park within 400 feet of the site and the public park is across a local street and the site provides an improved pedestrian path to and from the site. Across West Fir Avenue (local street) north of the subject property is a public park (Orchid Park) that is located approximately 60 feet from the subject property. The proposed site plan depicts three pedestrian gates that provide direct access to the public sidewalk on the south side of West Fir Avenue. There is an improved path of travel approximately 420 feet east of the subject property that allows for the public to cross West Fir Avenue to the north and travel approximately 250 feet west to the public park entrance. Based on this analysis, the minimum required open space for the project is reduced by 25 percent with a new minimum open space requirement of 18,132 square feet.
Incorporation of the swimming pool area, balconies and patios (exclusive of those balconies and patios along the south-facing side of the building nearest to West Herndon Avenue), and other usable open space areas as defined under FMC Section 15-1004.D results that the cumulative amount of on-site open space is 18,683 square feet which exceeds the minimum required 18,132 square feet, 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 82 dwelling units on approximately 3.7 acres of property, equating to a density of 22.16 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 (four-story building) at a peak height of 49’-10”, providing consistency with the maximum height requirements of the RM-2 zone district.
Setbacks
The setback requirements are as follows:
• Front setback (West Herndon 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). Additional analysis for Expressway Area Overlay setback requirements (West Herndon Avenue) is provided further below.
• Interior side setback (eastern 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 ten feet (10’), providing consistency with the minimum interior side yard setback requirement of the RM-2 zone district.
• Street side yard setback (North Prospect Avenue): 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 24’-4”, providing consistency with the minimum street side yard setback requirement of the RM-2 zone district.
• Rear yard setback (West Fir Avenue): The minimum rear yard setback requirement in the RM-2 zone district is 15 feet. The site plan depicts a rear yard setback at 21’-8”, providing consistency with the minimum rear yard setback requirement of the RM-2 zone district.
• Parking, from back of sidewalk: The minimum parking setback requirement (from back of sidewalk) in the RM-2 zone district is 30 feet. The site plan depicts the nearest parking setback from back of sidewalk at 30’-9”, providing consistency with the minimum parking setback requirement (from back of sidewalk) of the RM-2 zone district.
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.
Expressway Area (EA) Overlay District
The subject property is located along West Herndon Avenue which is an Expressway as identified in the Fresno General Plan Circulation Element. Properties along expressways are located within the Expressway Area (EA) Overlay zone district under FMC Section 15-1604. The development standard for Residential Districts in the EA Overlay zone district require that no building shall be erected within 200 feet of the right-of-way line, although there are exceptions if a building is proposed to be erected within 200 feet of the right-of-way line. The nearest proposed building to the right-of-way line along West Herndon Avenue (Expressway) is approximately 68 feet.
The exception requirements for a building to be erected closer than 200 feet to an Expressway right-of-way line are if an acoustical study determines that interior noise can be mitigated to acceptable levels and in no case shall the minimum building setback be less than 75 feet from the center line of the nearest moving traffic lane of the abutting roadway. An application for a Minor Deviation was submitted to reduce the 75-foot requirement to allow for a minimum distance requirement of 68 feet. The Findings for the Minor Deviation are attached under Exhibit A. As proposed, the nearest proposed building to the centerline of the nearest moving traffic lane on West Herndon Avenue is 68 feet. It should be noted that the nearest moving traffic lane is technically the right-hand turn lane which is designed to reduce traffic speed and results in lowering traffic noise. The intent of the measurement from the nearest moving traffic lane is the through-lanes that produce louder noise, which is what 68 feet is measured from.
Parking
The project proposes all 82 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 uncovered guest parking space is required per every two dwelling units. This results in a minimum requirement of a total of 123 parking spaces (82 covered and 41 uncovered). The proposed site plan depicts 99 covered parking spaces (72 carports and 27 garages) and 55 uncovered parking spaces for a total of 154 parking spaces.
Given the analysis provided above and incorporation of conditions of approval, Development Permit Application No. P21-00989 will meet all the provisions of the FMC, including all applicable design guidelines and development standards of the RM-2 zone district.
Streets and Access Points
The Fresno General Plan designates West Herndon Avenue as an expressway and North Prospect and West Fir Avenues as local streets. The project will take direct vehicular access from one access point on North Prospect Avenue via a private gated entrance.
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 June 23, 2021. These requirements include: (1) Right-of-way dedications and improvements; and (2) 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.
Vehicle Miles Traveled (VMT)
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 automotive travel onto our roads, the project may cause a significant transportation impact.
The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that “[a] lead agency has discretion to choose the most appropriate methodology to evaluate a project’s [VMT], 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 [VMT] and may revise those estimates to reflect professional judgement based on substantial evidence. Any assumptions used to estimate [VMT] and any revisions 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 VMT Thresholds, pursuant to SB 743 to be effective as of 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 City of 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.
The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. For development projects, conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip-making potential. For transportation projects, the primary attribute to consider is the potential to increase vehicle travel, sometimes referred to as “induced travel.”
The proposed project is eligible to screen out because pursuant to the City of Fresno VMT Thresholds Section 3.0 (Project Screening), the project proposes an average daily trip (ADT) generation of 461 based on the 11th edition of the ITE Trip Generation Manual, which is lower than an ADT of 500 which is considered as a measurement to screen out of VMT.
Council District Project Review Committee
On June 14, 2021, the Planning and Development Department held a Council District 2 Project Review Committee meeting, pursuant to Section 15-4906.D.1.a of the FMC. Substantial correspondence from nearby residents was received prior to and after the meeting; the majority of which opposed the proposed multi-family project. The nearby residents’ concerns are reflected in the analysis of the appeal letters and written correspondence below.
Neighborhood Meeting
In August of 2021, a voluntary neighborhood meeting was held that included City of Fresno staff to answer questions and concerns of the neighbors. Substantial testimony from nearby residents was received during the meeting; the majority of which opposed the proposed multi-family project.
ANALYSIS OF PREVIOUS APPEALS AND WRITTEN CORRESPONDENCE
Staff received multiple appeals and written correspondence of the Planning and Development Director’s decision of approval of Development Permit Application No. P21-00989. That analysis was brought forth to the Planning Commission on May 15, 2024, and is provided below:
Issue #1: There are no other high-rise complexes anywhere in the area and the proposed buildings tower over the neighborhood.
Staff Response:
As previously analyzed above, the maximum height requirement of the RM-2 zone district is 50 feet and the tallest building (four-story building nearest to West Herndon Avenue) has a peak height of 49’-10”. That said, the adjacent development to the east is primarily two-story single-family residential homes. The proposed four-story multi-family residential building is located approximately 100 linear feet to the adjacent property to the east.
Issue #2: The high density does not fit given the parameters of the space.
Staff Response:
The required density range for the RM-2 zone district is between 16 and 30 dwelling units per acre (du/ac). As previously analyzed above, the proposed density of the project is 22.16 du/ac, providing consistency with the density requirements of the RM-2 zone district.
Issue #3: There is no room for increased traffic or how parking will be able to accommodate the number of cars that will result from each family. If 82 units produced the need to accommodate two cars per unit, where will the overflow parking go?
Staff Response:
As previously analyzed above, the project proposes that all 82 dwelling units will be two-bedroom units. The minimum parking requirement for Multi-Unit Residential, two-bedroom units is one covered parking space per unit, and one additional uncovered parking space for every two units. This equates to a minimum total requirement of 123 parking spaces (82 covered and 41 uncovered). The proposed site plan depicts 99 covered parking spaces (72 carports and 27 garages) and 55 uncovered parking spaces for a total of 154 parking spaces providing consistency with the minimum parking requirements of the RM-2 zone district.
Issue #4: What is the plan if emergency fire vehicles cannot navigate the turnabout. Also, it has been brought to our attention that fire services do not have the capability to reach the fourth story with current equipment. How will this be resolved?
Staff Response:
The site plan depicts an emergency vehicle access point providing direct access to West Fir Avenue. The project will be required to comply with all requirements of the Fire Department revised memorandum dated May 15, 2024. This memorandum has been amended to provide clarification on possible alternative means and methods to allow for sufficient safety measures for the ladder truck deployment.
Issue #5: The proposed project is likely to increase traffic congestion along West Herndon and North Prospect Avenues. The additional vehicles entering and exiting the area could exacerbate existing traffic problems, especially with the nearby school and community park. A full traffic study has not been provided concerning the subject area.
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, the project would generate a total of 31 AM peak hour trips and 36 PM peak hour trips, thus not requiring a traffic study.
Issue #6: There are concerns regarding the potential for an increase in crime.
Staff Response:
The Northwest Fresno Police Department did not provide any comments on the proposed project.
Issue #7: The proposed four-story building does not align with the character of the surrounding housing projects within the Herndon corridor. This lack of conformity could disrupt the aesthetics appeal of our neighborhood and set an undesirable precedent for future development in the area.
Staff Response:
The proposed elevations comply with the Façade Design Development Standards of the RM-2 zone district utilizing the Flexibility Option which includes: 1) Present an attractive appearance to public streets; 2) Be aesthetically and functionally compatible to the nearby development context; 3) Demonstrate a high level of quality; and 4) Support the growth in value of surrounding properties.
The proposed elevations depict consistency between the exterior design of both the three- and four-story buildings. The proposed exterior design includes varied recesses and projections to break up the mass of the building. Windows are provided at an appropriate glazing ratio that includes varied trim and vinyl shutters, planter boxes, and shed roofs. Different exterior materials are proposed including stucco and stone veneer. The upper-floor patio areas include wrought-iron guard rails which differentiate from the ground-floor patios that include a stucco fence. The proposed roof includes concrete tile roofing with a wood fascia and redwood knee braces. Although the four-story building and three-story buildings have windows on the eastern elevation facing the single-family development adjacent to the east (zoned RM-2), that single-family development was approved with building front yard setbacks between 2 and 8 feet and building rear yard setbacks between 4 and 5 feet providing for limited visibility from any two- or more-story buildings adjacent to that development. Cumulatively, the proposed elevations provide consistency with the four goals stated above.
Issue #8: The environmental impact of the proposed complex must be carefully evaluated. This includes assessing the effects on local ecosystems, water resources, and air quality.
Staff Response:
Environmental Assessment No. P21-00989 (Exhibit I) considered local ecosystems, water resources, air quality, and all comments and conditions provided by other departments and outside agencies. The project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA) Guidelines.
Issue #9: There is no safe walking pathway for elementary school students living in the Project to walk to and from the elementary school located west of the Project, especially when student safety is an essential element of Fresno General Plan Goals 7 and 8.
Staff Response:
For potential students living within the Project site, a safe route to school utilizing public sidewalks would be to exit the project using one of the pedestrian gates along North Prospect or West Fir Avenues and use the crosswalk just east of the Project site along West Fir Avenue. Once they have crossed West Fir Avenue, they would need to access the sidewalk in Orchid Park that connects to West Spruce Avenue to the north, travel west using the sidewalk on West Spruce Avenue to North Valentine Avenue, then south to the school.
Goal 7 of the Fresno General Plan states, “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.” The proposed multi-family residential project provides for a diversity of districts and residential densities as the surrounding neighborhoods are primarily single-family residential where the project would provide for residents that prefer to live in generally smaller units with no property maintenance requirements.
Goal 8 of the Fresno General Plan states, “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.” The project provides a diverse mix of density as the majority of the developed surrounding neighborhoods are single-family residential neighborhoods. Orchid Park is located immediately north of the subject property, Forkner Elementary School is west of the subject property, and two shopping centers are located east of the subject property at North Marks Avenue. This higher density project in an area surrounded by medium low density uses provides for diversity and because there are other nearby public and commercial uses, this project would move towards completion of developing a Complete Neighborhood.
Issue #10: The Fresno Unified School District’s (FUSD) review and comments regarding the Project of June 3, 2021, was based solely on the developer’s and City’s submittal to FUSD of an apartment complex plan that was limited to “a new 3-story” apartment complex, not a 4th story plan. The District did not evaluate or comment on a Project that called for higher density and included the heretofore undisclosed 4-story building when the District offered its comments. Any approval by the City should be based on the information that the City and the Developer provided to FUSD, not one that was later “upsized” without notice to the District or others who looked at plans 3 years ago.
Staff Response:
Documents including the site plan and elevations depicting the three-story buildings and four-story building were routed for review on June 2, 2021, with FUSD uploading their comment letter on June 4, 2021. The documents that were routed included the development that is being considered as part of this appeal. Thus, considering those documents were routed to FUSD on June 2, 2021, and FUSD providing their comment letter on June 4, 2021 (two days after it was routed), FUSD reviewed the project, as proposed.
Issue #11: The Fresno Irrigation District’s (FID) response letter voiced two concerns: 1) Before any approval was issued for the Project that had any work suggested on the 6-lane Herndon Expressway or Valentine, that all plans be submitted by the City/Developer to FID as “FID requires it review and approve all plans”; and, 2) “FID recommends the City of Fresno require the proposed development balance anticipated groundwater use with sufficient recharge of imported surface water in order to preclude increasing the area’s existing groundwater overdraft problem.” I have been unable to find evidence that the Project’s required work along the old Valentine Avenue (now Prospect Avenue) and Herndon Avenue have resulted in plans and specifications being sent to and approved by FID, as required by the City.
Staff Response:
Condition No. 2 of FID’s memorandum dated June 16, 2021, states, “Should this project include any street and/or utility improvements along Herndon Avenue, Marks Avenue, Valentine Avenue, Brawley Avenue, or in the vicinity of this pipeline, FID requires it review and approve all plans.” This condition does not require review of the plans prior to approval. The plans they are referencing are street improvement plans which come after conditional approval of the project.
Issue #12: This project could affect the traffic patterns for take-offs and landings from the nearby airport.
Staff Response:
The subject property is located within the Fresno County Airport Land Use Compatibility Plan for both Sierra Sky Airport and Fresno/Yosemite International Airport. The subject property is located within Zone 6 (Traffic Pattern Zone) for the Sierra Sky Airport and Zone 7 (Precision Approach Zone) for the Fresno/Yosemite International Airport.
Zone 6 includes all other portions of regular aircraft traffic patterns based upon the 14 Code of Federal Regulations (CFR) Part 77 Conical Surface. The aircraft accident risk level is considered to be low within Zone 6. Furthermore, Zone 6 has no limitation on the allowed dwelling units per acre, and only prohibits uses that are hazards to flight and outdoor stadiums and similar uses with very high intensity uses. As defined in the Fresno County Airport Land Use Compatibility Plan, “[h]azards to flight include physical (e.g. tall objects), visual, and electronic forms of interference with the safety of aircraft operations. Land use development, such as golf courses and certain types of crops, as outlined in Federal Aviation Administration’s (FAA’s) Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports, that may cause the attraction of birds to increase is also prohibited.”
Zone 7 includes the 14 CFR Part 77 Outer Approach Transitional Surface and Precision Approach Surface. The Outer Approach Transitional Surface and Precision Approach Surface are used at airports with runways with an existing or planned Precision Instrument Approach. For Fresno Yosemite International Airport, the AIA includes both Zone 6 and Zone 7. The aircraft accident risk level is considered to be low within Zone 7. Furthermore, Zone 7 has no limitation on the allowed dwelling units per acre and requires that no object shall be of 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.
Fresno’s Airports staff reviewed the project and provided the following condition of approval, “Airspace review required for any objects (temporary or permanent) over 100 feet tall.” The peak height of the tallest building proposed for the project is 49’-10”, providing consistency with requirements from the airports.
Issue #13: The Forkner Alluvial canal runs right through the property. How is the foundation of any buildings not going to affect this underground canal?
Staff Response
Condition No. 1 of FID’s memorandum dated June 16, 2021, states, “FID does not own, operate or maintain any facility located on the subject property as shown on the attached FID exhibit map.” The referenced map shows the Bullard No. 124 canal located along the West Herndon Avenue frontage and the Forkner No. 121 canal located along North Valentine Avenue, across West Tamera Avenue and traveling northwest from there. There are no existing canals running across the subject property.
Issue #14: The addition of vehicles in the area will add to the poor air quality that the nearby grammar school already struggles with.
Staff Response:
The project is required to comply with all requirements from the San Joaquin Valley Air Pollution Control District as it relates to air quality.
Prior to the Planning Commission hearing on May 15, 2024, various opposition letters were received after the public hearing notice was mailed. Said letters are attached to this report as Exhibit O.
Appeal Letter
On May 29, 2024, Mayor Jerry Dyer and Councilmember Mike Karbassi (District 2) submitted a letter to the Planning and Development Department requesting an appeal of the Planning Commission’s decision of the Development Permit Application No. P21-00989 (Exhibit B).
Notice of City Council Hearing
The Planning and Development Department mailed notices of this City Council hearing to all surrounding property owners within 1,000 feet of the subject property on July 12, 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 Residential planned land use. This project meets all 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.
Policies
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-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 NS-1-k: Review all new public and private development proposals that may potentially be affected by or cause a significant increase in noise levels, per Policy NS-1-i, to determine conformance with the policies of this Noise Element. Require developers to reduce the noise impacts of new development on adjacent properties through appropriate means.
The proposed development is consistent with the Fresno General Plan, Urban Neighborhood Residential planned land use and the Bullard Community Plan.
Bullard Community Plan
The subject property is designated for Urban Neighborhood Residential planned uses by the Bullard Community Plan. Upon reviewing the policies contained in the Bullard Community Plan staff has determined that there are no policies that are applicable or are more restrictive than those contained in the Fresno Municipal Code (FMC) or the Fresno General Plan. However, should there be a conflict between the FMC and the Bullard Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control.
Fresno County Airport Land Use Compatibility Plan
The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan. The project is within two areas of influence of the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno Yosemite International Airport’s Safety Zone 7 - Precision Approach Zone. The project is also listed within Sierra Sky Park Safety Zone 6 - Traffic Pattern Zone. Both zones have no density requirements and there are no structures that are over the maximum height of 100 feet. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan.
ENVIRONMENTAL FINDING
The California Environmental Quality Act (CEQA), Public Resource Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Class 32 (In-fill Development Projects) was made and Environmental Assessment P21-00989 was completed for this project on February 9, 2024 (Exhibit I).
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-5206 and 15-5607 et seq. of the Fresno Municipal Code have been met. 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 Bullard 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 and 15-5607 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.
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 delivery of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch 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 - Fresno Municipal Code Findings
Exhibit B - Appeal Letter [5-29-2024]
Exhibit C - Aerial Map
Exhibit D - Public Hearing Notice Radius Map (1,000 ft)
Exhibit E - Conditions of Approval for Development Permit Application P21-00989 [5-15-2024]
Exhibit F - Operational Statement
Exhibit G - Site Plan, Floor Plan, Elevations
Exhibit H - Comments & Requirements from Responsible Agencies
Exhibit I - Environmental Assessment P21-00989 [2-9-2024]
Exhibit J - Acoustical Study [1-14-2021]
Exhibit K - Planning Commission Resolution No. 13848
Exhibit L - PowerPoint Presentation
Exhibit M - Housing Accountability Act Decision Matrix
Exhibit N - Map of Individuals in Opposition
Exhibit O - Correspondence Received