REPORT TO THE PLANNING COMMISSION
July 19, 2023
FROM: PHILLIP SIEGRIST, Planning Manager
Planning & Development Department
BY: THOMAS VEATCH, Planner
Planning & Development Department
SUBJECT
Title
Consideration of Conditional Use Permit Application P22-03146, and related Environmental Assessment P22-03146 pertaining to ±1.38 acres of property located on the south side of West Bullard Avenue, between North Van Ness Boulevard and North Forkner Avenue (Council District 2) - Planning & Development Department.
1. RECOMMEND ADOPTION (to the City Council) of Environmental Assessment P22-03146, dated May 24, 2023, a determination of Categorical Exemption, Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines; and,
2. DENY the appeals and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application P22-03146, authorizing the adaptive reuse of an existing residence to be used as a new residential respiratory care facility (congregate living health facility), subject to compliance with the Conditions of Approval dated June 2, 2023.
Body
EXECUTIVE SUMMARY
Cesar Rodriguez of CR Consulting Group Inc, on behalf of Jason Andrade of Infinite Living, has filed Conditional Use Permit Application P22-03146 pertaining to a ±1.38-acre parcel located on the south side of West Bullard Avenue, between North Van Ness Boulevard and North Forkner Avenue (Exhibit A).
Conditional Use Permit Application P22-03146 proposes the adaptive reuse of an existing residence to be used as a new residential respiratory care facility (congregate living health facility) to be constructed in two (2) phases. Phase I proposes to remodel and expand an existing ±3,310 square-foot residence to ±4,500 square feet. Phase II proposes to build two (2) new residential care facility buildings with a combined area of ±9,011 square feet. The three (3) buildings will provide acute care services, skilled nursing care, and complex respiratory care to on-site residents.
The project was approved by the Director on June 2, 2023. The Director’s decision to approve the project was appealed on June 5, 2023 and June 14, 2023 (Exhibit L).
Furthermore, in addition to appeal of the Director’s decision regarding a Conditional Use Permit, one of the appeal letters also included an appeal of the environmental determination. Pursuant to FMC §15-5017(A)(1), appeals of Director’s decisions shall be referred to the Planning Commission for consideration. However, under FMC Secs. 15-5017(A)(3) and 15-5005(A), appeals of an environmental determination shall be referred directly to the City Council. Therefore, the Conditional Use Permit Application P22-03146 has been scheduled for consideration by the Planning Commission and the related Environmental Assessment P22-03146 shall subsequently be considered by City Council.
Staff recommends that the Planning Commission uphold the Planning and Development Director’s approval of the Conditional Use Permit based on evidence detailed in this staff report and that specific findings made by the Director pursuant to Section 15-5306 of the FMC remain valid. In addition, staff recommends the Planning Commission recommend to City Council adoption of the related environmental assessment.
BACKGROUND
Subject and Surrounding Property Information
The subject property is located within the boundaries of the Fresno General Plan and Bullard Community Plan. These plans designate the subject ±1.38-acre property for Residential - Low Density planned land uses. The existing underlying RS-2 (Residential Single-Family, Very Low Density) zone district is consistent with the Residential - Low Density planned land use designation. The surrounding land uses to the north, east, and west are planned and zoned for low density residential uses (Exhibit B). The property to the south is planned and zoned for public institutional uses. Existing single-family homes are located to the north and east of the project site. The property west of the project is vacant. Malloch Elementary School is located to the south on the opposite side of West Morris Avenue.
The proposed project is located along West Bullard Avenue between the North Van Ness Boulevard and North Forkner Avenue. West Morris Avenue is located adjacent to the property to the rear which runs eastward to North Forkner Avenue. West Bullard Avenue is a four-lane arterial street, which according to the Fresno General Plan circulation element, is classified as a street type designed to serve high-volume inter- and intra-city traffic, and to act as a distributor between freeways, other arterials, and major traffic generators. West Morris is classified as a local street.
Proposed Project
Conditional Use Permit Application P22-03146 proposes the adaptive reuse of the existing residential property to be used as a new residential respiratory care facility (congregate living health facility) to be constructed in two (2) phases. Phase I proposes to remodel and expand an existing ±3,310 square-foot single-family residence located on the property to ±4,500 square feet. Phase II proposes to build two (2) new buildings with a combined area of ±9,011 square feet. Each of the buildings will provide acute care services, skilled nursing care, and complex respiratory care to on-site residents. Each building will provide 18 beds. Additional on and off-site improvements are proposed, including but not limited to five (5) drive approaches, parking, landscaping, curbs, gutters, and sidewalks. Additional information is provided in the attached operational statement and exhibits (Exhibits C and D).
For informational purposes, according to the project site plan and operational statement, the applicant may subdivide the subject property into three (3) separate but adjoining parcels in the future.
Each of the proposed residential care facilities would be located on one of the future proposed parcels. It is noted that the future subdivision is not a requirement of the project and would only include areas which are already proposed for use as a residential care facility. It would not create undeveloped portions of property for future development or expansion.
ANALYSIS
State Definition & Requirements
The California Health and Safety Code contains provisions that define Congregate Living Health Facilities (CLHF) and regulate their operations. Cal. Health and Safety, §1250 states:
(i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities.
(2) Congregate living health facilities shall provide one or more of the following services:
(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent.
(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon.
(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy.
(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services.
(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds.
(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill.
(5) A congregate living health facility shall have a noninstitutional, homelike environment.
Cal. Health and Safety Code §1267.16 further establishes requirements for local jurisdictions on the permissibility of congregate living health facilities.
a) A congregate living health facility which serves six or fewer persons shall be considered a residential use of property for purposes of any zoning ordinance or law related to the residential use of property. This article does not forbid any city, county, or local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a congregate living health facility as long as these restrictions are identical to those applied to single-family residences.
b) This article does not forbid the application to a congregate living health facility of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, except as provided in subdivisions (a) and (b) of Section 1267.9 and this section.
c) Any congregate living health facility of more than six beds for persons who are terminally ill and any congregate living health facility of more than six beds for persons who are catastrophically and severely disabled shall be subject to the conditional use permit requirements of the city or county in which it is located unless those requirements are waived by the city or county. However, any facility that, on the effective date of this section, is performing the functions of a congregate living health facility for persons who are terminally ill and that is subsequently licensed as a congregate living health facility within 18 months of the effective date of this section shall not be subject to the conditional use permit requirements of the city or county in which it is located, unless the number of beds is increased.
The key considerations of the sections above are that congregate living health facilities are specifically required to provide a non-institutional homelike environment. Further, the city is required per state law to process the application of a CLHF as a Conditional Use Permit application, regardless of the zoning ordinance of the city. Had the proposed project contained 6 beds or fewer, they are explicitly considered to be residential uses per State Law, which further demonstrates the requirement for these facilities to be residential in nature.
Fresno Municipal Code Use Classification
Article 67 of the FMC provides use classifications which describe one or more uses of land that have similar characteristics (e.g., residential uses, commercial uses, industrial uses, etc.), but does not list every use or activity that may appropriately be within the classification. Pursuant to FMC § 15-6702r (Residential Use Classifications) §15-6702, the general use of Residential Care Facilities is defined as:
Facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. This use classification excludes Transitional Housing and Social Service Facilities.
More specifically, the use of Residential Care Facilities includes two (2) subcategories which are described as follows:
Residential Care, General. A facility providing care for more than six persons.
Residential Care, Limited. A facility providing care for six or fewer persons.
While this classification states that services provided are primarily non-medical care, by definition, a CLHF under State law can provide a range of other services such as supportive care, pharmacy, dietary, social or recreational needs; services for persons who are mentally alert; persons with physical disabilities, who may be ventilator dependent; services for persons who have a diagnosis of terminal illness; or services for persons who are catastrophically and severely disabled. Additionally, as demonstrated by the State requirements, the facility is explicitly required to be located in a non-institutional homelike environment. While not applicable to the proposed project, if the facility had six beds or fewer, it would be considered a residential use. The operational statement for the proposed project identifies that several non-medical services will be provided, including, but not limited to supportive care, therapy services, social and recreational activities, medication management, and dietary management.
The next closest use classification similar to the proposed use would be Elderly and Long-Term Care, as defined by FMC §15-6702, which is described as:
Establishments that provide 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including, but not limited to, rest homes and convalescent hospitals, but not Residential Care, Hospitals, or Clinics.
While this classification states 24-hour medical care is provided, it also states that the facility is to be licensed as a “skilled nursing facility” by the State, which is not the license type that applies to a CLHF. It also states that it does not apply to residential care facilities. Additionally, as stated above, this facility is intended to be a primary residence and will provide several non-medical services to its residents. Finally, Elderly and Long-Term Care facilities are not permitted in Residential Single Family zone districts, which is contrary to the state requirement that the facility be located in a non-institutional residential setting. Therefore, Elderly and Long-Term Care is not an appropriate classification for the proposed use as a CLHF.
In conclusion, upon review of State law and the Residential Use Classifications of the FMC, the proposed use is most compatible with classification as a Residential Care Facility, General.
Cal. Health and Safety Code §1250(i)(1) defines a CLHF as a “residential home with a capacity … of no more than 18 beds.” The proposed project is described as having 18 beds included in the remodel of the existing building included in phase 1, and 18 beds per each of the (2) two additional buildings included in phase 2, for a total of 54 beds. Cal. Healthy and Safety Code §1267.9(a) describes requirements “to prevent overconcentration’s of intermediate care facilities/developmentally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, congregate living health facilities, or pediatric day health and respite care facilities which impair the integrity of residential neighborhoods.”
These restrictions are enforced by the Director of the California Department of Public Health. (Cal. Health & Safety Code §1267.9(a).)
However, Cal. Health and Safety Code §1267.9(b)(2) provides that these facilities may be closer than 300 feet “based on special local needs or conditions.” These requirements are enforced at the State level, not by the City, and the FMC definition of a Residential Care Facility does not specify a maximum limit to the number of beds provided. The project has been conditioned to require documentation of any subsequent approval for licensing by the State for the first and future phases prior to operation of the facility.
Land Use and Zoning
As previously mentioned, the Fresno General Plan and Bullard Community Plan designate the subject ±1.38-acre property for Residential - Low Density planned land uses. Furthermore, the subject property is zoned RS-2/EQ (Residential Single Family, Very Low Density/Equine Overlay). The underlying RS-2 (Residential Single-Family, Very Low Density) zone district is consistent with the Residential - Low Density planned land use designation.
The Residential - Low Density planned land use designation is intended to provide for large lot residential development by allowing 1 to 3.5 housing units per acre when proposed. The resulting land use pattern is large lot residential in nature, such as rural residential, ranchettes, or estate homes. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan, the subject ±1.38-acre property can accommodate approximately 2 - 4 dwelling units. However, the General Plan and its implementation through the FMC both recognize that uses other than detached single-family residences are appropriate in the RS-2 zone district. Furthermore, according to the FMC, there is no minimum residential density requirement for the RS-2 zone district. Therefore, given the project is not proposing a single-family residence(s), residential density standards are not applicable.
The Equine (EQ) Overlay District is established to identify suburban residential areas where horses and other equine are allowed to be kept, while ensuring the protection of the quality of the residential environment and securing the health, safety, and general welfare of the residents.
Pursuant to Table 15-902 of the FMC, Residential Care, General, uses are permitted with an approved Conditional Use Permit. Furthermore, pursuant to FMC Section 15-1607-I (Equine Overlay District - Use Regulations), those uses permitted in the base RS-2 zone district are permitted in the EQ overlay district, except it also allows for the keeping of horses. The proposed project and the existing adjacent properties do not include horse keeping uses or structures.
Given the conditions of approval, Conditional Permit Application P22-03146 will meet all the provisions of the FMC. It will comply with all applicable design guidelines of the RS-2/EQ (Residential Single Family, Very Low Density/Equine Overlay) zone district, including but not limited to setbacks, building size and massing, parking, open space, pedestrian access, sidewalks, and façade design.
As mentioned above, the proposed project is located on West Bullard Avenue between the intersections of North Van Ness Boulevard and North Forkner Avenue. West Morris Avenue is located adjacent to the property to the rear and runs eastward to North Forkner Avenue. West Morris Avenue is a one- way street. According to the Fresno General Plan Circulation Element, West Bullard Avenue is classified as a four- lane arterial street, which is designed to serve high-volume inter- and intra-city traffic, and to act as a distributor between freeways, other arterials, and major traffic generators.
West Morris Avenue is designated as a local street which is designed to provide direct access to properties, while discouraging excessive speeds and volumes of motor vehicle travel incompatible with neighborhoods being served through the implementation of multiple, well-connected routes and traffic calming measures.
Two (2) drive approaches are proposed along West Bullard Avenue, one (1) drive approach is proposed along West Morris Avenue, and one (1) drive approach is proposed to the west, which contains a partially developed drive approach and access road (North Sequoia Drive) to an undeveloped subdivision. Due to the one- way nature of West Morris Avenue, users exiting the facility (onto West Morris Avenue) will be directed east to North Forkner Avenue. Users entering the facility from West Morris Avenue must utilize the intersections of North Van Ness and West Celeste Avenues, or the intersections of West Roberts Avenue and North Forkner Avenue.
Pursuant to Figure MT-4 of the Fresno General Plan, the proposed project is located within Traffic Impact Zone II (TIZ-II), which represents areas of the City currently built up and wanting to encourage infill development. Projects in TIZ-II are required to maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A Traffic Impact Study (TIS) would be required for all development projected to generate 200 or more peak hour new vehicle trips.
The projected Trip Generation Analysis for a congregate care facility based on operational data for the proposed project consists of 7 total daily passenger car trips, 0 AM peak hour trips and 1 PM peak hour trip. The ITE Trip Generation Manual calculates congregate care facility trips based on the number of dwelling units, which was based on each of the three buildings counted as an individual dwelling unit. The proposed project includes 18 beds per building, which are divided between shared rooms and not individual units. A more conservative estimate was provided by calculating trips for an assisted living facility which is calculated based on the number of beds the facility provides, which is 18 beds per building, 54 beds in total. This calculation estimated 140 total daily passenger car trips, 10 AM peak hour trips and 13 PM peak hour trips. Therefore, a Traffic Impact Study was not required by the City as no peak hour trips exceeded 200, and the project does not include a General Plan Amendment or Rezone.
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) street dedications; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation Fee (RTMF) Fee. These requirements are outlined within the memorandum from the City Traffic Engineer dated December 16, 2022, which are included in the Conditions of Approval dated June 2, 2023.
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 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.
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 with transportation projects is the potential to increase vehicle travel, sometimes referred to as “induced travel.”
Per the adopted guidelines, the proposed project does not exceed the threshold of 500 Average Daily Trips (ADT), as it includes only 140 ADT, therefore the proposed project is eligible to screen out of additional VMT analysis and can be considered to result in a less than significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b)(1).
For informational purposes, per ITE Trip generation estimates, a congregate care facility would need to provide 1,166 dwelling units to exceed 200 peak hour trips per LOS or exceed 247 dwelling units to exceed 500 Average Daily Trips per VMT. As the proposed project contains only 54 beds, the impact of the proposed project on either LOS or VMT would not be significant.
Public Services
Sewer
The nearest sanitary sewer main to serve the proposed project is a 6-inch sewer main located in West Morris Avenue. The applicant will be required to install sewer house branches to the property, abandon any existing on-site private septic systems, and pay applicable sewer connection charges and fees. The requirements listed above, and additional requirements have been listed in the Department of Public Utilities memo dated December 7, 2022.
Water
The nearest water mains to serve the proposed project is an 8-inch water main located in West Bullard Avenue. Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated December 7, 2022.
Solid Waste
The project was reviewed by the Department of Public Utilities to ensure that the proposed trash enclosures for the project comply will any applicable policies related to capacity, access, and overall design to ensure that service can be provided to the site without impacts to the site, surrounding properties, or solid waste service to the city. The requirements listed above, and additional requirements have been listed in the Department of Public Utilities memo dated December 7, 2022.
FMFCD
The subject property is located is located in the Fresno Metropolitan Flood Control District’s (FMFCD) Drainage Area “D.”
The FMFCD has indicated that the proposed development is not located within a flood prone area. These as well as additional requirements are listed in the memorandum from FMFCD dated December 12, 2022.
Fire
The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to compliance with Fire Department comments or conditions of approval related to access and design of proposed project. Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code.
Other Agencies
All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application P22-03146. The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated June 2, 2023.
LAND USE PLANS AND POLICIES
The Fresno General Plan and Bullard Community Plan designate the subject site for Low Density residential planned land uses and provide objectives to guide the development of these projects.
Fresno General Plan
The Low-Density Residential designation is intended to provide for large lot residential development. Low Density residential allows one to 3.5 housing units per acre. The resulting land use pattern is large lot residential in nature, such as rural residential, ranchettes, or estate homes. However, the General Plan and its implementation through the FMC both identify that other land uses besides single family residential homes, such as residential care facilities are permitted in residential land use and zoning classifications.
The use of the subject property as a residential care facility is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project represents an adaptive reuse and infill opportunity of a partially developed semi vacant lot. The proposed use of a residential care facility provides services to the area and will provide diversity to the range of housing types in the area. Per state requirements the facility is required to be residential in nature and will be required to be consistent with the design of the overall neighborhood. These qualities will benefit both residents of the facility, as well as residents of the neighborhood who may themselves, or have family members who, require services the facility provides.
The following are several goals, objectives, and policies that the project supports:
• Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
o Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
o Policy UF-1-d: Range of Housing Types. Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.
o Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural, and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.
• Objective UF-12: Locate roughly one-half of future residential development in infill areas-defined as being within the City on December 31, 2012-including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land.
o Policy UF-12-c: Local-Serving Neighborhood Centers. Design Neighborhood Centers for local services and amenities that build upon the character and identity of surrounding neighborhoods and communities.
• 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 Policy LU-1-b: Land Use Definition and Compatibility. Include zoning districts and standards in the Development Code that provide for the General Plan land use designations and create appropriate transitions or buffers between new development with existing uses, taking into consideration the health and safety of the community.
• 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.
• Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
o Policy LU-5-a: Low Density Residential Uses. Promote low density residential uses only where there are established neighborhoods with semi-rural or estate characteristics.
o Policy LU-5-g: Scale and Character of New Development. Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
o Policy LU-5-h: Housing Offering Amenities. Support housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.
• Objective LU-8: Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community.
o Policy LU-8-c: Zoning for Public Facilities. Allow public facility uses in zoning districts where appropriate.
• Objective HC-2: Create complete, well-structured, and healthy neighborhoods and transportation systems.
o Policy HC-2-a: Healthy Neighborhoods. Promote the design of Complete Neighborhoods whose physical layout and land use mix allow for walking to local stores and services, biking, and transit use; foster community pride; enhance neighborhood identity; encourage public safety; are family-friendly; and address the needs of residents of all ages and abilities.
o Policy HC-2-b: Supportive Housing. Continue to promote the availability of group housing facilities, emergency residential shelters, and similar housing arrangements throughout the city consistent with State and federal law.
Bullard Community Plan
No goals or policies were identified that are more restrictive than those included in the Fresno Municipal Code and General Plan guidelines.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, the staff concludes that the required findings of § 15-5306 (Conditional Use Permit Findings) of the Fresno Municipal Code can be made. These findings are attached as Exhibit K.
ENVIRONMENTAL FINDINGS
The CEQA permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption, Section 15332/Class 32 (In-fill Development Projects) of the CEQA Guidelines was made and Environmental Assessment P22-03146 was completed for this project on May 24, 2023.
PUBLIC NOTICE AND INPUT
District 2 Project Review Committee
The Council District 2 Project Review Committee reviewed the project on November 14, 2022.
The committee asked general questions ranging from if the use was permitted, how the site will be accessed, parking, and notice or comments from the neighborhood. The applicant presented the project and answered any specific questions from the committee. The committee voted to recommend approval of the project with the recommendation that the applicant conduct a neighborhood meeting by a 3-0 vote.
Neighborhood Meeting
The applicant conducted a neighborhood meeting on January 5th, 2023. Five (5) members of the public attended, and the applicant discussed the project and answered any questions. Per the applicant, no negative comments were received at the meeting.
Public Notice
A notice of intent to take action was mailed to property owners within 1,000 feet of the subject property on January 26, 2023. Thirty responses were received from the surrounding neighborhood in opposition, eight of which contained requests for notice of the action taken for the project. The responses stated the opposition to the project were based on:
• Concerns that traffic from the proposed project would negatively impact the neighborhood.
• Concerns that the drive approaches on West Bullard Avenue will cause traffic issues.
• Concerns that the drive approaches on West Morris Avenue will cause traffic issues and conflict with existing traffic from Malloch Elementary School. Since West Morris is a one-way street, employees and visitors of the residential care facility would travel through several local streets in the neighborhood to access the facility.
• Opposition to a commercial facility in a residential neighborhood
• Concerns that on and off-site parking will negatively impact the neighborhood.
• Concerns that noise and lighting from the facility will have impacts on the neighborhood.
• Claims that the proposed use does not fit the definition of a residential care facility and therefore not permitted.
• Claims that the application materials were insufficient.
• Claims that a Traffic Impact Study is required.
• Claims that an Environmental Impact Study is required.
• Claims that the CEQA review is piecemealed due to the operational statement referencing a future subdivision.
• Claims that the application is a plan amendment and/or rezone application.
Upon review of the concerns raised, no new information was provided to demonstrate that the required findings to approve a Conditional Use Permit cannot be made.
As shown in this report and as well as the findings below, the use is permitted by state law and the FMC through a Conditional Use Permit, the required findings can be made, and the project is determined to be categorically exempt from CEQA through a Class 32 exemption.
Second Meeting
The applicant conducted a second meeting for respondents of the notice of intent to take action on February 23, 2023, to discuss the project and provide opportunity for residents to request additional information and discuss their concerns.
Project Approval
The project was approved by the Director on June 2, 2023 based on the determination that California State Law under Health and Safety Code §1267.16(c) requires the consideration of a CLHF through a Conditional Use Permit; that the required findings of FMC § 15-5306 to approve the project could be made; and that the project was exempt from further environmental review based on a Section 15332/Class 32 categorical exemption pursuant to CEQA.
Project Appeals
Two (2) appeals of the Director’s decision were received during the 15-day appeal period (Exhibit L). An appeal was received from Councilmember Karbassi on June 5, 2023, who expressed a desire for the project to be reviewed at City Council so that neighbors could voice their concerns at a public hearing. A second appeal was received from neighboring property owners. This appeal letter cited several concerns:
• Disputing that the project is allowed in the RS-2 zone district.
• Disputing that the project meets the classification of a residential care facility of the FMC.
• Disputing that the project meets density requirements of the FMC.
• Concerns about the impact of additional traffic to the surrounding neighborhood.
• Concerns about the impact of noise on the neighborhood.
• Stating that the project is not exempt from CEQA and an EIR is required.
• Stating that the intent of the applicant to subdivide the subject property at a later date is considered piecemealing.
As demonstrated throughout this report, the RS-2 zoning classification permits a range of uses beyond just single-family homes. Residential Care Facility, General is the most appropriate use classification of the FMC, as other classifications are in direct contradiction to the State law defining a CLHF as being residential in nature. While state law requires CLHF’s to be residential in nature, it does not strictly require them to be within a single-family home. Therefore, the residential density requirement of FMC § 15-903 does not apply. Similarly, Community or Religious Assembly Facilities and Parks, or School Facilities are other uses which are permitted in the RS-2 zone district but are also not subject to residential density standards.
Traffic impacts were analyzed in accordance with the City’s standard procedures of review and the General Plan and were determined to not require a traffic impact study. Traffic impacts were also analyzed under VMT analysis, which is the standard of review for transportation impacts under CEQA. Quantitative analysis of projected trips did not identify a significant environmental impact regarding transportation.
The environmental assessment utilized prior noise analysis conducted under the General Plan regarding evaluating impacts of transportation noise on the project. The assessment also evaluated the projects compliance with established noise standards and policies of the General Plan and FMC.
The proposed project is a noise sensitive land use surrounded by other noise sensitive land uses and does not propose a use that will generate elevated noise levels beyond transportation related noise typical of the surrounding area, which includes a school facility which also generates similar transportation noises. West Bullard Avenue is a four-lane arterial street, which based on the General Plan circulation element is classified as a street type designed to serve high-volume inter- and intra-city traffic, and to act as a distributor between freeways, other arterials, and major traffic generators. Transportation related noise from the street and the use is expected and does not exceed requirements.
Upon review of the concerns raised, no new information was provided to demonstrate that the required findings to approve a Conditional Use Permit cannot be made. As shown in this report and as well as the findings provided above, a CLHF is permitted by state law and the FMC through a CUP, the required findings to approve the project can be made, and the project is determined to be categorically exempt from CEQA through a Class 32 exemption. No evidence in the record demonstrates any significant environmental impacts may occur, therefore an Initial Study or EIR is not required. Further, if in future the applicant requests to subdivide the subject parcel into three separate smaller parcels where each of the proposed buildings occupy a single parcel, it would still be consistent with the previously approved environmental assessment so long as the proposed use does not change beyond what was originally approved.
A third appeal letter was received on June 20, 2023 (but dated June 16, 2023), a day after the end of the appeal period. The letter is also attached as Exhibit L.
Notice of Planning Commission Hearing
In accordance with § 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 July 7, 2023 (Exhibit H).
CONCLUSION
The appropriateness of the proposed project has been examined for its consistency with the goals and policies of the Bullard Community Plan and Fresno General 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 § 15-5306 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed Conditional Use Permit Application P22-03146 is appropriate for the subject property.
If the Planning Commission decides to uphold the appeal and deny the request to develop the proposed use, the Commission must find that there is insufficient evidence in the administrative record that the findings required by FMC § 15-5306 cannot be made and amend the required findings accordingly.
Action by the Planning Commission will be subject to a 15-day appeal period. An appeal of a Planning Commission action can only be initiated by a City of Fresno Councilmember or the Mayor.
Regardless of any appeal of the Planning Commission’s action on the Conditional Use Permit, pursuant to FMC § 15-5005(I), the Environmental Assessment for the project will be scheduled for consideration by the City Council.
ATTACHMENTS:
Exhibit A - Vicinity Map & Aerial Photograph
Exhibit B - Planned Land Use & Zoning Map
Exhibit C - Operational Statement
Exhibit D - Exhibits
Exhibit E - Conditions of Approval [06/02/2023]
Exhibit F - Neighborhood Meeting Information
Exhibit G - Comment Letters
Exhibit H - Public Hearing Notice & Noticing Map
Exhibit I -- Environmental Assessment P22-03146 [07/19/2023]
Exhibit J - Additional Studies
Exhibit K - Fresno Municipal Code Findings
Exhibit L - Appeal Letters