REPORT TO THE CITY COUNCIL
December 17, 2015
FROM: JENNIFER K. CLARK, AICP, Director
Development and Resource Management Department
THROUGH: MIKE SANCHEZ, Assistant Director
Development & Resource Management Dept.
MCKENCIE CONTRERAS, Supervising Planner
Development Services Division
BY: LAUREN FILICE, Planner III
Development Services Division
SUBJECT
Title
HEARING to consider Rezone Application No. R-15-005 and Environmental Assessment No. R-15-005/C-15-025, filed by Dirk Poeschel of Land Development Services, Inc., on behalf of Gary Chester, which pertains to approximately ±2.7 acres of a ±8.73 acre property located on the west side of N. Brawley Avenue between W. Herndon and W. Palo Alto Avenues (Council District 2)
1. Adopt the environmental Finding of Conformity prepared for Environmental Assessment No. R-15-005/C-15-025, dated November 6, 2015.
2. BILL (For introduction and adoption) - Approving Rezone Application No. R-15-005 requesting authorization to reclassify the ±2.7 acre portion of the ±8.73 acres from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the C-5/UGM (General Commercial/Urban Growth Management) zone district.
Body
RECOMMENDATIONS
Staff recommends the City Council take the following actions:
1. ADOPT the environmental Finding of Conformity prepared for Environmental Assessment No. R-15-005/C-15-025, dated November 6, 2015.
2. ADOPT BILL approving Rezone Application No. R-15-005 requesting authorization to reclassify the ±2.7 acre portion of the ±8.73 acres from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the C-5/UGM (General Commercial/Urban Growth Management) zone district.
EXECUTIVE SUMMARY
Rezone Application No. R-15-005 and related Environmental Assessment No. R-15-005/C-15-025 were filed by Dirk Poeschel of Land Development Services, Inc., on behalf of Gary Chester, and pertain to ±2.7 acres of a ±8.73 acre property located on the southwest corner of North Brawley Avenue and West Herndon Avenue in the City of Fresno. The project site is owned by the City of Fresno and will be leased to the developer. Rezone Application No. R-15-005 proposes to amend the Official Zone Map to reclassify the ±2.7-acre portion of property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the C-5/UGM (General Commercial/Urban Growth Management) zone district. The C-5/UGM zone district is consistent with the Fresno General Plan land use designation of Commercial-General. The project also includes a ground lease of this ±2.7 acre property, with an option to purchase, from the City of Fresno (as lessor/seller) to Garreks, Inc., a California Corporation (as lessee/buyer). Rezone Application No. R-15-005 was filed to facilitate Conditional Use Permit Application No. C-15-025 which proposes the construction of a Chevron gas station with 12 fueling stations, a ±3,500 square-foot convenience store, and a drive-through car wash.
BACKGROUND / ANALYSIS
Planning and zoning history of the subject property
Rezone Application No. R-15-005 requests authorization to amend the Official Zone Map to reclassify the ±2.7 acre portion of property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the C-5/UGM (General Commercial/Urban Growth Management) zone district for a project site located at 6985 North Brawley Avenue, APN: 507-030-12ST.
Access to the project site was coordinated with the Public Works Department, the project site owner, and the owner of the commercial property on the east side of North Brawley Avenue. It was determined that an intersection with a traffic signal and turn lanes would be required. The intersection will be located approximately 400 feet south of the intersection of Herndon and Brawley Avenues, on the southeast side of the project site in alignment with Magill Avenue. The intersection would serve both sites and provide acceptable traffic flows to, and stacking distance from the Herndon and Brawley intersection.
The project and the proposed C-5 zoning are consistent with the planned land use of “Commercial-General” as designated by the Fresno General Plan, Bullard Community Plan, and the Sierra Sky Park Land Use Policy Plan.
If approved, this application will facilitate the development of a car wash and Type 20 alcoholic beverage license on the subject property. The proposed convenience store and gas station are allowed by right in the C-5/UGM zone district.
Land Use Plans and Policies
Sierra Sky Park Land Use Policy Plan
Initially, the project was thought to be within the Sierra Sky Park Airport clear zone, however a recent survey found the original zone line to be in error and the project site to be outside the Airport’s clear zone by the Fresno Council of Governments (COG), Fresno County Airport Land Use Commission, in a letter dated September 9, 2015. Further, the Federal Aviation Administration issued a ‘Determination of No Hazard to Air Navigation’ on October 9, 2015. The Sierra Sky Park Land Use Policy Plan requires projects situated within the 60 decibel noise zone to have an acoustical analysis performed and to be constructed accordingly, the project applicant to enter into an Avigation Agreement with the City and Airport, and that no construction is allowed within the clear zone. Conditions of approval for C-15-025 require an acoustical analysis and Avigation Agreement, while the project is designed with buildings located outside the clear zone. Therefore, the proposed project is in compliance with the policies and implementation actions of the Bullard Community Plan and the Sierra Sky Park Land Use Policy Plan.
Bullard Community Plan
The project is consistent with Goal 4.2.3-2 to “distribute the new commercial land use designations at logical, marketable, convenient and accessible locations” and with Policy 4.4.4-4 that “commercial areas shall be designated such that commercial traffic will not route through local residential streets.” The Bullard Community Plan also requires project consistency with the Sierra Sky Park Land Use Policy Plan.
The project proposes to provide needed services on a vacant site substantially surrounded by developed residential areas. Therefore, the project will protect City policies that promote infill of vacant parcels within developed areas, and will preserve and protect city infrastructure by limiting further expansion to undeveloped sites outside the service area.
Fresno General Plan
Policy LU-1-a to ‘promote new development and infill on infill sites and vacant land within the City’; LU-1-c to “promote orderly land use development in pace with public facilities and services needed to serve development”; LU-2-a to “promote development of vacant undeveloped and re-developable land uses within the City limits where urban services are available”; LU-6-f to “direct highway-oriented and auto-serving commercial uses to locations that are compatible with the Urban Form policies of the General Plan”; and Urban Form policy UF-3-c to “ design neighborhood centers for local services and amenities.”
The proposed project is for commercial services on a portion of an existing vacant parcel in an area zoned for commercial uses and substantially developed with residential uses on the perimeter. The project will bring commercial services to an area where similar services are a minimum of one mile away (West Herndon and North Milburn Avenues). Roadways and utility services are in place along Herndon and Brawley Avenues.
Public Notice and Input
Public Hearing Notice
Notices for the City Council’s public hearing on Rezone Application No. R-15-006 were mailed on Thursday, December 3. Attachment 3 provides a copy of the notice, with the noticing radius map and list of property owners receiving the notice.
Planning Commission
There was one (1) speaker in support and six (6) speakers in opposition of the proposed project.
District Committee
The applicant met with the Council District 2 Plan Implementation Committee informally on June 2, 2014 and on July 14 the Committee formally considered Rezone Application No. R-15-005 and voted to recommend approval of the application.
Airport Land Use Commission
The Airport Land Use Commission (ALUC) reviewed the proposed rezone application on August 31, 2015. The ALUC found that the proposed rezone was consistent with the Fresno-Chandler Downtown Airport Master Plan. However, their recommendation excluded the conditions of zoning proposed to be added by planning staff. The ALUC stated that the two conditions did not apply to their review.
Fresno City Planning Commission Action
The proposed project is supported by staff and was approved by the Fresno City Planning Commission on November 18, 2015, voting unanimously to recommend approval of Rezone Application No. R-15-005 to the City Council. The Planning Commission further approved Conditional Use Permit Application No. C-15-025, contingent upon the City Council approval of Rezone Application No. R-15-005. The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, the Bullard Community Plan and Sierra Sky Park Land Use Policy Plan; its compatibility with surrounding existing or proposed uses; found to be consistent with the corresponding land use designation as prescribed in the Zone District Consistency Table set forth in Subsection 12-403-B-1; 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. R-15-005 is appropriate for the subject property and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno other than those specifically mentioned throughout the staff report.
ENVIRONMENTAL FINDING
The Development and Resource Management Department staff has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report (MEIR) SCH # 2012111015 prepared for the Fresno General Plan. The changes to the land use designations were environmentally assessed under the MEIR that was completed with the General Plan. The environmental assessment for the proposed rezone is tiered off of the MEIR. Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project (Attachment 5).
The proposed project will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR SCH No. 2012111015 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR SCH No. 2012111015 as provided by CEQA Section 15177(b)(3). A public notice of the attached Finding of Conformity for Environmental Assessment Application No. R-15-005/C-15-025 was published on November 6, 2015, with no comments or appeals received to date.
LOCAL PREFERENCE
Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer 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 Development and Resource Management Department.
Attachments:
Vicinity Map
Aerial Photograph
Public Hearing Notice Mailing List Vicinity Map
Proposed Zone District Map
Environmental Assessment No. R-15-005/C-15-025
Planning Commission Resolution Nos. 13349 (EA & Rezone) and 13350 (Conditional Use Permit)
City Council Ordinance Bill for Rezone Application No. R-15-005