REPORT TO THE CITY COUNCIL
FROM: JENNIFER K. CLARK, Director
Planning and Development Department
THROUGH: WILL TACKETT, Planning Manager
Development Services Division
MCKENCIE PEREZ, Supervising Planner
Development Services Division
BY: AUBRIE RICHARDSON, Planner II
Development Services Division
SUBJECT
Title
HEARING to consider Rezone Application No. P22-00451 and related Environmental Assessment No. P22-00451 pertaining to ±5.57 acres of property located on the southwest corner of West Bullard Avenue and North Del Mar Avenue (Council District 4) - Planning and Development Department.
1. ADOPT Environmental Assessment No. P22-00451, dated May 18, 2022, a determination that the proposed project is in compliance with Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the California Environmental Quality Act (CEQA); and,
2. BILL - (For Introduction and Adoption) - Approving Rezone Application No. P22-00451 requesting authorization to rezone the subject property from the PI/cz (Public and Institutional/conditions of zoning) zone district to the PI (Public and Institutional) zone district in order to remove conditions of zoning tied to the ±5.57 acres of property located at 255 West Bullard Avenue.
Body
RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1. ADOPT Environmental Assessment No. P22-00451, dated September 16, 2020, a determination that the proposed project is in compliance with Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the California Environmental Quality Act; and,
2. INTRODUCE AND ADOPT BILL approving Rezone Application No. P22-00451 requesting authorization to rezone the subject property from the PI/cz (Public and Institutional/conditions of zoning) zone district to the PI (Public and Institutional) zone district in order to remove conditions of zoning tied to the ±5.57 acres of property located at 255 West Bullard Avenue.
EXECUTIVE SUMMARY
Rezone Application No. P22-00451 was filed by Jennifer Clark, Planning and Development Department Director, on behalf of the City of Fresno, and pertains to approximately ±5.57 acres of property located at 255 West Bullard Avenue. The subject property is planned for Public/Quasi-public Facility uses and is currently zoned PI/cz (Public and Institutional/conditions of zoning). The request is for authorization to rezone the subject property from the PI/cz (Public and Institutional/conditions of zoning) zone district to the PI (Public and Institutional) zone district in order to remove condition of zoning previously established in 2001.
The condition of zoning on the property limits the development of the site to a school or college. However, the current Pubic/Quasi-public Facility land use designation and respective PI (Public and Institutional) base zone district, as were subsequently adopted and designated for the subject property with the adoption of the new Fresno General Plan and Citywide Development Code, contain contemporary policies as well as use and development standard restrictions related to public facilities. Therefore, the condition of zoning is no longer considered appropriate or necessary for the subject property.
BACKGROUND/ANALYSIS
The subject property is located within the boundaries of the Fresno General Plan, Bullard Community Plan, and the Fresno County Airport Land Use Compatibility Plan. These plans designate the subject ±5.57-acre property for Public/Quasi-public Facility planned land uses. The underlying PI (Public and Institutional) zone district is consistent with Public/Quasi-public Facility planned land use designation.
The subject property is currently developed with an existing 2-story building. The site was constructed prior to annexation into the City of Fresno in 1980. The surrounding property to the north (across Bullard Avenue) is developed with multifamily residences, to the west with professional office uses, and to the south as well as to the east (across Del Mar Avenue) with single family residences.
Based upon the existing condition of zoning tied to the property, only schools and colleges are permitted. Therefore, the subject rezone application was filed to remove the condition of zoning and allow for the potential re-use of the subject property with uses permitted in the PI zone district.
Conditions of Zoning
Rezone Application No. R-00-41
Rezone Application No. R-00-41 approved by the Fresno City Council on January 23, 2001 by Ordinance No. 2001-4 (Exhibit I), rezoned the subject 5.66 acre property, which is located on the southwest corner of North Del Mar and West Bullard Avenues from the R-1-C (Single-Family Residential) zone district to the C-P (Administrative and Professional Office) zone district for purposes of facilitating commercial office development. Rezone Application No. R-00-41 was submitted by a non-profit organization, Heald Colleges of California, for the purposes of establishing a school at the location. The primary purpose of the condition of zoning was based on the proposed use and the residential properties located in the surrounding area.
Prior to approval of the rezoning to the proposed C-P zone district a condition of zoning was added. On May 10, 2001, a Zoning Contract was recorded on the subject property, pursuant to the requirements of Rezone Application No. R-00-041. The ordinance specified one condition of zoning, outlined below:
1) The use of the subject property described here-in-above shall be limited to the development of a school or a college.
The Fresno City Council adopted a citywide rezone on December 3, 2015, through Ordinance 2015-39 to implement newly adopted zone districts and facilitate zoning in accordance with the newly adopted Fresno General Plan and respective planned land uses for all properties located within the City of Fresno. The citywide rezone application rezoned the subject property to PI/cz (Public and Institutional/conditions of zoning). The citywide rezone did not consider conditions of zoning applicable to individual properties, however; and therefore, all conditions of zoning applicable to individual properties remained in effect.
The proposed Rezone Application No. P22-00451, proposes to remove the condition of zoning given that the base zone district is PI, which is for Public and Institutional purposes, and which contains limitations on uses that are permitted. The rezone will allow uses outlined in Table 15-1402 of the Fresno Municipal Code (FMC) for the PI zone district. The permitted uses ensure the provision of services and facilities needed to serve residents, businesses, and visitors and maintain a high quality of life standard. As identified within the Development Code, the PI district is for public or quasi-public facilities, including City facilities, utilities, schools, health care services, corporation yards, utility stations, and similar uses. Accessory retail uses and services, including food facilities and childcare, are permitted.
Fresno Municipal Code
Future development of the site or use of the existing building shall comply with the provisions of the FMC, including but not limited to setbacks, transition standards, parking, and landscaping, and shall comply with all applicable design guidelines and development standards for the PI (Public and Institutional) zone district.
Public Notice and Input
Council District Project Committee Review
The Council District 4 Project Review Committee does not have an active committee at this time.
Notice of City Council Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this City Council hearing to surrounding property owners within 1,000 feet of the subject property on April 21, 2022 (Exhibit J).
Fresno City Planning Commission Action
The Planning Commission will consider the item at their meeting on May 18, 2022.
Notice of City Council Hearing
On May 13, 2022, the Planning and Development Department mailed notices of the City Council Hearing to surrounding property owners within 1,000 feet of the subject site in accordance with Section 15-5007 of the FMC. See Exhibit K for Notice of City Council Hearing.
LAND USE PLANS AND POLICIES
Fresno General Plan
The Fresno General Plan designates the subject property for Public/Quasi-public Facilities planned land use and provides objectives to guide in the development of this project. The public facilities planned land use designation is intended for administrative, financial, business, professional, medical, and public offices. This designation is mainly intended to apply to existing office uses on smaller lots, generally located on arterial roadways. This designation is also considered compatible with existing residential neighborhoods given the smaller level of noise and traffic generated compared to commercial uses. Retail uses would be limited to business services, food services, and convenience goods for those who work in the area.
The Fresno General Plan provides goals, objectives, and policies to guide development. The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Economic Development elements of the Fresno General Plan:
• Objective ED-1 supports economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses.
o Policy ED-1-a Ensure the City of Fresno has appropriate resources in place to implement its economic development strategy and work in close coordination with other public agencies, private entities, the nonprofit-sector, and multicultural communities to coordinate of economic development efforts on a region-wide basis.
• Objective LU-1 promotes the establishment of 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-c Promotes orderly land use development in pace with public facilities and services needed to serve development.
• Objective LU-8- Provides 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-a Protects civic and institutional areas from incompatible uses that could affect their vitality and contributions to the city.
Policy LU-8-c Allows public facility uses in zoning districts where appropriate.
Bullard Community Plan
The subject property is designated for Public/Quasi-public Facility planned land uses by the Bullard Community. Upon reviewing the policies contained in the Plan staff has determined that there are no policies that are applicable or are no more restrictive than those contained in the Fresno General Plan or the FMC. However, should there be a conflict the FMC shall control pursuant to Section 15-104-D-4 of the FMC.
Fresno County Airport Land Use Compatibility Plan
The proposed project is located within the Airport Influence Area under the Fresno Yosemite International Specific Plan and the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project site is located within the Fresno Yosemite International Airport’s (FYIA) Safety Zone 7 - Precision Approach Zone and Noise Contour 60-64 Community Noise Equivalent Level (CNEL) boundaries. Safety Zone 7 does not limit or prohibit any uses; except, for objects which would have a height that would penetrate the air-space protection surface of the airport. The project has been deemed consistent with the plan given that the existing Public/Quasi-public Facility planned land use designation of the Fresno General Plan and base zone district of PI is not changing. The proposed removal of the condition of zoning maintains consistency with the Public/Quasi-public Facility planned land use (for which the Fresno City Council previously adopted a finding of consistency with the ALUCP).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the application, staff concludes that the required findings of Section 15-5812 (Rezone Findings) of the FMC can be made. These findings are attached as (Exhibit L).
ENVIRONMENTAL FINDINGS
Staff has determined that the project is consistent with the California Environmental Quality Act Section 15183, which mandates that projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Environmental Assessment No. P22-00451 dated May 18, 2022 (Exhibit M) was prepared for this project.
As described above, the removal of conditions of zoning is consistent with the land use designation and development intensities assigned to the project site by the City of Fresno General Plan. Since the proposed project is consistent with the land use designation and development intensity for the site identified in the General Plan, the site would not result in any new or altered cumulative impacts beyond those addressed in the Environmental Assessment.
FISCAL IMPACT
Affirmative action by the City Council will result in timely deliverance 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 in as much as the applicant has paid to the City a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Planning and Development Department.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, Bullard Community Plan, and the Fresno County Airport Land Use Compatibility Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Rezone Application No. P22-00451 is appropriate for the subject property.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Planned Land Use
Exhibit D - Zoning Map
Exhibit E - Noticing Map
Exhibit F - Master Application
Exhibit G - Operational Statement
Exhibit H - Exhibits (Site Plans and Operational Statement)
Exhibit I - Ordinance and Zoning Contract for Rezone Application No. R-00-041
Exhibit J - Public Hearing Notice & Noticing Map for Planning Commission
Exhibit K - Public Hearing Notice & Noticing Map for City Council
Exhibit L - Fresno Municipal Code Findings
Exhibit M - Environmental Assessment
Exhibit N - Ordinance for P22-00451