REPORT TO THE PLANNING COMMISSION
August 2, 2023
FROM: ISRAEL TREJO, Planning Manager
Planning and Development Department
THROUGH: ROB HOLT, Supervising Planner
Planning and Development Department
BY: MICHAEL TRAN, Planner II
Planning and Development Department
SUBJECT
Title
Consideration of Vesting Tentative Tract Map No. 6341 and related Environmental Assessment No. T-6341 for approximately 2.68 acres of property located on the south side of West McKinley Avenue between North State Street and North Dante Avenue (Council District 3).
1. APPROVE Environmental Assessment No. T-6341/P21-03618 dated July 21, 2023, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332/Class 32 (Infill Development) of CEQA Guidelines.
2. APPROVE Vesting Tentative Tract Map No. 6341 dated May 9, 2023, proposing to subdivide ±2.72 acres of the subject property into a 19-lot single-family residential subdivision, subject to compliance with the Conditions of Approval dated August 2, 2023.
Body
EXECUTIVE SUMMARY
Dale G. Mell & Associates, on behalf of Manreet and Rajvir Ladhar, has filed Vesting Tentative Tract Map No. 6341, pertaining to approximately 2.68 acres of property located on the south side of West McKinley Avenue, between North State Street and North Dante Avenue.
Vesting Tentative Tract Map No. 6341 proposes to subdivide the property into a 19-lot conventional single-family residential subdivision at a density of 7.09 dwelling units per acre (du. /ac.).
The subject property is located within the boundaries of the Fresno General Plan and the West Area Community Plan, and both plans designate the subject property for the Medium Density Residential planned land use (5 to 12 du. /ac.). Based upon the submitted subdivision design and findings, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property as designated by both the Fresno General Plan and the West Area Community Plan.
BACKGROUND / ANALYSIS
The subject property is currently developed with a rural residence. The immediate surrounding area in all four directions are single-family residential neighborhoods. Central Elementary school lies nearby northwest of the subject property, and El Captain Middle school lies nearby east of the subject property.
The subject property is zoned RS-5/UGM (Single-Family Residential, Medium Density/Urban Growth Management) and is planned for Medium Density Residential uses. The proposed project is required to comply with the standards within Section 15-903 of the Fresno Municipal Code (FMC).
Landscaping/Walls/Open Space
The proposed subdivision is located along a major street (West McKinley Avenue) and the development will be required to install landscaping and irrigation within a minimum 20-foot-wide outlot abutting all lots with street frontage along West McKinley Avenue. A 6-foot-high masonry block wall will be required to be constructed at the rear of the landscape outlot along the major street.
The developer is required to provide street trees on all public street frontages per FMC. Street trees shall be planted at the minimum rate of one tree for each 40 feet of street frontage or one tree per home (whichever is greater) by the developer. Furthermore, the developer is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 15-2309 (Irrigation Specifications) and Assembly Bill (AB) 1881.
The long-term maintenance and operating costs, including repair and replacement, of certain required public improvements (“Services”) associated with all new single-family developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the ultimate responsibility of the Developer. The Developer shall provide for maintenance of these Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno’s Community Facilities District No. 11.
Pursuant to Section 12-4.705 of the FMC, residential subdivisions with tentative maps containing 50 parcels or less are required to pay in-lieu fees for open space/park facility purposes; no on-site open space is required due to the limited number of proposed lots.
Public Services
Public Utilities
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies, and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
For sanitary sewer service these infrastructure improvements and facilities include typical requirements for construction and extension of sanitary sewer mains and branches, including the connection to the existing 45-inch sewer main in West McKinley Avenue. The proposed project will also be required to provide payment of sewer connection charges.
For water service, required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract, providing an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes.
Implementation of the Fresno General Plan policies and the mitigation measures of the associated Program Environmental Impact Report, along with the implementation of the Water Resources Management Plan and the identified project related conditions of approval, which include water main extensions within the interior of the proposed tract to service each lot, and payment of water capacity fee charges. Installation of these services with meters to proposed residential lots will provide an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject property is not located within a flood prone or hazard area. Master Plan Facilities are required to be constructed for the proposed project, which include an 18-inch storm drain pipeline within a 15-foot storm drain easement along the southern property line of lot 9 of Vesting Tentative Tract Map No. 6341 dated May 9, 2023 (Exhibit A) which allows the ability to surface drain to existing Master Plan facilities to the south and/or provide improvements to allow runoff to reach Master Plan facilities to the south. Additionally, Vesting Tentative Tract Map No. 6341 shall not block the historical drainage patterns of the adjacent property to the east.
Fire Department
The Fire Department offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search, and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limit, in addition to having mutual aid agreements with the Fresno County Fire Protection District and the City of Clovis Fire Departments.
Based on the conditions of approval received from the Fire Department dated May 18, 2023, the subject property will be served by Fire Station 16, which is located at 2510 North Polk Avenue (approximately 0.56 miles away).
Streets and Access Points
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 car 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 evaluate a project’s vehicle miles traveled, 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 vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision 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 Vehicle Miles Traveled Thresholds, pursuant to Senate Bill 743 effective 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 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 with transportation projects 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 179 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.
Land Use Plans and Policies
The Fresno General Plan provides goals, objectives, and policies to guide development. The proposed project aligns with many objectives and policies found in the Fresno General Plan. The following are applicable goals, objectives, and policies:
Goal 7: Provide for a diversity of districts, neighborhoods, housing types, residential densities, job opportunities, recreation, open space, and education 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.
Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
• Policy UF-1-f promotes diversity and variations of building types, densities, and scales of development to reinforce the identity of individual neighborhoods, and further affordable housing opportunities.
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.
• Policy LU-2-a promotes infill development in areas where urban services are available.
Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
• Policy LU-5-c promotes the development of medium density residential uses to maximize efficient use of residential property through a wide range of densities.
• Policy LU-5-h supports housing that offers residents a variety of amenities including public and private open space, landscaping, with direct access to public transit and community gathering spaces.
West Area Community Plan
The purpose of these goals and policies are to provide a variety of housing types for individual lifestyles and space needs. The proposed project meets the goals and objectives of the Fresno General Plan and the West Area Community Plan by implementing the appropriate regulations of the RS-5/UGM (Single-Family Residential, Medium Density/Urban Growth Management) zone district and ensuring that new development is compatible to the existing structures in relation to scale, mass, and character.
Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy, or regulation of the City of Fresno.
California Housing Shortage
Since about 1970, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years for prices and rents to decline. Approval of the vesting tentative tract map would help contribute to fulfilling the housing needs of the region.
Housing Element
The proposed project is not located on a site listed in the 2013-2023 RHNA Housing Sites Inventory.
Council District 3 Project Review Committee
The Council District 3 Project Review Committee reviewed the proposed project at their regular meeting on May 23, 2023, and voted unanimously to recommend approval of the project, 5 votes to 0.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1,000 feet of the subject properties, pursuant to Section 15-5007 of the FMC (Exhibit H).
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (CEQA), Public Resource Code Section 2100 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Section 15315/Class 32 was made and Environmental Assessment T-6370 was completed for this project on July 21, 2023 (Exhibit K).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the application, staff concludes that the required findings contained within Section 15-3309 (Vesting Tentative Tract Map Findings) of the FMC can be made. These findings are attached as Exhibit F.
GROUNDS FOR DENIAL OF TENTATIVE MAP
The Subdivision Map Act (California Government Code §§ 66400, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made:
1. The proposed map is not consistent with applicable general and specific plans, as specified in Section 65451 of the Subdivision Map Act.
2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
3. The site is not physically suitable for the proposed development.
4. The site is not physically suitable for the proposed density of development.
5. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. The design of the subdivision or improvements is likely to cause serious public health problems.
7. The design of the subdivision or improvements will conflict with easements, acquired by the public at-large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or use of, will be provided, and that these will be substantially equivalent to those previously acquired by the public. This subsection shall only apply to easements of record or easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at-large has acquired easements for access through or use of property within the proposed subdivision.
Staff has reviewed the proposed vesting tentative tract map and has determined that none of the findings above apply to the project and, therefore, has recommended approval subject to the conditions of approval.
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 West Area 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. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 6341 are appropriate for the subject properties. Planning Commission action of the proposed Vesting Tentative Tract Map, unless appealed to the Council, is final.
ATTACHMENTS:
Exhibit A - Vesting Tentative Tract Map 6341 [5-9-2023]
Exhibit B - Operational Statement [5-9-2023]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Public Hearing Notice Radius Map (1000 ft)
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map 6341 [8-2-2023]
Exhibit I - Comments & Requirements from Responsible Agencies
Exhibit J - Environmental Assessment T-6341 [7-21-2023]