REPORT TO THE CITY COUNCIL
November 20, 2014
FROM: JENNIFER K. CLARK, Director
Development and Resource Management Department
THROUGH: MIKE SANCHEZ, Assistant Director
Development and Resource Management Department
BY: NATHAN BOUVET, Planner III
Development and Resource Management Department
SUBJECT
Title
HEARING to consider Plan Amendment Application No. A-13-009, Rezone Application No. R-13-016, and related environmental assessment for the property located on the east side of N. Locan Avenue between the E. Dakota alignment and E. Shields Avenue (Council District 4) Development and Resource Management Department
a. Consider the environmental finding of Environmental Assessment No. A-13-009/R-13-016/TM-6067, a finding of a Mitigated Negative Declaration, dated October 17, 2014
b. RESOLUTION - Approving Plan Amendment Application No. A-13-009 amending the 2025 Fresno General Plan and Roosevelt Community Plan planned land use designation for ± 24.71 acres from the agricultural designation in the County of Fresno to the Medium Low Density Residential planned land use designation in the City of Fresno
c. BILL - (For introduction and adoption) - Amending the Official Zone Map to reclassify ± 24.71 acres from the AE-20 (Exclusive Twenty-Acre Agricultural, Fresno County) to R-1/cz (Single Family Residential/conditions of zoning, Fresno City) zone district
Body
RECOMMENDATION
Staff recommends the City Council take the following action:
1. ADOPT the environmental finding of a Mitigated Negative Declaration prepared for Environmental Assessment No. A-13-009/R-13-016/TM-6067 for the purpose of the proposed project.
2. ADOPT RESOLUTION approving Plan Amendment Application No. A-13-009 amending the 2025 Fresno General Plan and Roosevelt Community Plan planned land use designation for ± 24.71 acres from the agricultural designation in the County of Fresno to the Medium Low Density Residential planned land use designation in the City of Fresno.
3. ADOPT BILL amending the Official Zone Map reclassify ± 24.71 acres from the AE-20 (Exclusive Twenty-Acre Agricultural, Fresno County) to R-1/cz (Single Family Residential/conditions of zoning, Fresno City) zone district.
EXECUTIVE SUMMARY
The proposed project, filed by Dirk Poeschel of Dirk Poeschel Land Development Services, Inc., on behalf of John Bonadelle, pertains to approximately 24.71 net acres of property located on the east side of North Locan Avenue between the East Dakota alignment and East Shields Avenue. The applicant proposes to amend the 2025 Fresno General Plan and the Roosevelt Community Plan from the agricultural designation in the County of Fresno to the Medium Low Density Residential planned land use designation in the City of Fresno. The applicant also proposes to pre-zone the subject property from the AE-20 (Exclusive Twenty-Acre Agricultural, Fresno County) to R-1/cz (Single Family Residential/conditions of zoning, Fresno City) zone district. These applications have been filed in order to facilitate approval of Vesting Tentative Tract Map No. 6067 to subdivide the subject property into a 98-lot single family residential subdivision and installation of related public facilities and infrastructure consistent with the Medium Low Density Residential (2.19-6.0 dwelling unit/acre) planned land use designation and the R-1 (Single Family Residential) zone designation, which allows for one (1) dwelling unit on a lot no less than 6,000 square feet or approximately 7.26 dwelling units per acre. The proposed project also involves an annexation into the City of Fresno, subject to the Standards of Annexation (see attached).
The proposed project is supported by staff and was approved by the Council District 4 Plan Implementation Committee on October 13, 2014. In addition, on October 15, 2014, the Fresno City Planning Commission unanimously recommended approval of Plan Amendment Application No. A-13-009 and Rezone Application No. R-13-016 to the City Council.
BACKGROUND
Project Information
PROJECT
- See Executive Summary
APPLICANT
- Dirk Poeschel, of Dirk Poeschel Land Development Services, Inc., on behalf of John Bonadelle.
LOCATION
- 3450 North Locan Avenue; located on the east side of North Locan Avenue between the East Dakota Alignment and East Shields Avenue (APN: 319-270-09,10, 11, 12) Council District 3, Councilmember Baines
SITE SIZE
- Approximately 24.71 acres
LAND USE
- Existing - Agricultural (County Designation)
- Proposed - Medium Low Density (City Designation)
ZONING
- AE-20 (Exclusive Twenty-Acre Agricultural, Fresno County)
- R-1/cz (Single Family Residential/conditions of zoning
PLAN DESIGNATION AND CONSISTENCY
- Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the proposed R-1 zone district classification and the proposed Medium Low Density Residential planned land use designation for the subject property may be found consistent.
ENVIRONMENTAL FINDING
- A Finding of an MND was filed with the Fresno County Clerk's office on October 17, 2014.
PLAN COMMITTEE RECOMMENDATION
- The District 4 Plan Implementation Committee made a formal recommendation on October 13, 2014. The Committee recommended approval of the plan amendment and rezone applications by a 3-0 vote with two (2) committee members absent.
PLANNING COMMISSION
- On October 15, 2014, the Planning Commission, by a 7-0 vote, recommended that the City Council: (1) Adopt the Mitigated Negative Declaration prepared for Environmental Assessment No. A-13-009/R-13-016/TM-6067; (2) Approve Plan Amendment Application No. A-13-009; and (3) Approve Rezone Application No. R-13-016.
STAFF RECOMMENDATION
- Recommend that the City Council: (1) Adopt the Mitigated Negative Declaration prepared for Environmental Assessment No. A-13-009/R-13-016/TM-6067; (2) Approve Plan Amendment Application No. A-13-009; and (3) Approve Rezone Application No. R-13-016.
BORDERING PROPERTY INFORMATION
|
Planned Land Use |
Existing Zoning |
Existing Land Use |
North |
Agricultural (County) |
AE-20 Exclusive Twenty-Acre Agricultural, Fresno County |
Single Family |
South |
Agricultural (County) |
AE-20 Exclusive Twenty-Acre Agricultural, Fresno County |
Single Family |
East |
Agricultural (County) |
R-R Rural Residential, Fresno County |
Single Family |
West |
Residential Medium |
R-1/R-2 Single Family Residential / Low Density Multiple |
Single Family |
Project Description
Dirk Poeschel of Dirk Poeschel Land Development Services, Inc., on behalf of John Bonadelle, has filed Plan Amendment Application No. A-13-009 and Rezone Application No. R-13-016 pertaining to 24.71 ± acres of property located on the east side of North Locan Avenue between the East Dakota Alignment and East Shields Avenue. The subject property is bounded on the north and south by existing single family residential developments and or vacant land. Property to the east and west has been developed with single family residential land uses.
Plan Amendment Application No. A-13-009 proposes to amend the land use from the agricultural designation in the County of Fresno to the Medium Low Density Residential planned land use designation in the City of Fresno. Rezone Application No. R-13-016 proposes to pre-zone the subject property from AE-20 (Exclusive Twenty-Acre Agricultural, Fresno County) to R-1/cz (Single Family Residential/conditions of zoning, Fresno City) zone district. These applications have been filed in order to facilitate approval of Vesting Tentative Tract Map No. 6067 to subdivide the subject property into a 98-lot single family residential subdivision and installation of related public facilities and infrastructure consistent with the Medium Low Density Residential (2.19 - 6.0 dwelling unit/acre) planned land use designation. The proposed project also involves an annexation into the City of Fresno, subject to the Standards of Annexation (see attached).
Density
Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the proposed R-1 (Single Family Residential) zone district is consistent with the proposed Medium Low Density Residential (2.19 - 6.0 dwelling unit/acre) planned land use.
Section 12-211.5-C (Population Density) of the Fresno Municipal Code states that the provisions of Section 12-211.1-A shall apply; whereas, one single family dwelling unit per lot is permitted. The conceptual vesting tract map proposes ninety-eight (98) residential lots averaging approximately 6,100 square feet, including outlots to serve as public open space.
Therefore, the development of the subject property at an overall density of approximately 4.12 dwelling units per acre, in a manner which is consistent with the permitted uses and property development standards of the proposed R-1 (Single Family Residential) zone district is determined to be consistent with the proposed Medium Low Density Residential planned land use designation for the subject property. Furthermore, the subject site is currently vacant and therefore, the proposed project does not have the potential to displace existing housing or residents as a result of development thereon.
Land Use Plans and Policies
2025 Fresno General Plan and Roosevelt Community Plan
The area of the subject property is within the City of Fresno Sphere of Influence. However, the Amendment and Restated Memorandum of Understanding (MOU) between the City of Fresno and the County of Fresno on regional planning allows development of the area inclusive of the subject property subject to certain conditions.
The subject property is immediately adjacent to an urbanized area of the City of Fresno that includes infrastructure necessary to serve the proposed development. Should the property have been located away from such urban services, the argument that the project represents leapfrog development and the unnecessary expense of the extension and maintenance of public services would be warranted. This is not the case for the proposed project.
The MOU between the City of Fresno and the County of Fresno allows development of the area inclusive of the subject property.
The most relevant goals, policies and objectives of the various plans that pertain to the project are discussed below, including, discussion related to future entitlements and annexation:
The project includes a proposed amendment to the 2025 Fresno General Plan and Roosevelt Community Plan boundary, land use for ± 24.71 acres from the agricultural designation in the County of Fresno to the Medium Low Density Residential planned land use in the City of Fresno. In order to change the planned land use designation of the subject site for the purposes of facilitating future development, the proposed project shall meet the goals, objectives and policies of the 2025 Fresno General Plan and Roosevelt Community Plan by providing a project which introduces single family residential development in a manner which will maintain a pleasant living environment through reservation of adequate living spaces and protecting the integrity of adjacent neighborhoods. The close proximity to existing and planned single family residential uses will complement and embellish the existing mix of land uses.
Objective C-9 of the 2025 Fresno General Plan directs planning for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth, and should make efficient use of resources and public facilities. Supporting policy C-9-i recommends Medium Low Density Residential uses shall be designated to preserve those single family residential neighborhoods which were established with moderately large lots, to provide a transition between low and medium density residential areas. New residential projects within this land use category should not be permitted to be developed at a density less than the minimum shown in Table 2 of the General Plan in order to better achieve the goals of the city's Housing Element. The proposed project meets the intent of this objective.
Similarly, the goals of the Roosevelt Community Plan are directed toward the diversity of residential types, densities and locations necessary to achieve the plan concept and accomplish the plan goals to provide for adequate housing opportunities, balanced urban growth, and efficient use of resources and public facilities. Consistent with the 2025 Fresno General Plan, Policy 1-6.2 of the Roosevelt Community Plan states medium low density residential uses shall be designated to preserve those single family residential neighborhoods established with moderate to large sized lots, to provide a transition between low and medium density residential areas and to reduce conflicts between urban and non-urban uses as the predominant designation within the Community's growth area.
Therefore, it is staff's opinion that the proposed plan amendment and rezone applications are 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. The proposed project is found: (1) To be consistent with the goals, objectives and policies of the applicable 2025 Fresno General Plan and the Roosevelt Community Plan; (2) To be suitable for the type and density of development; (3) To be safe from potential cause or introduction of serious public health problems; and, (4) To not conflict with any public interests in the subject site or adjacent lands.
The subject property does fall within the parameter of the Southeast Growth Area (SEGA). While initial planning studies commenced within the vast area, it has since been incorporated into the Fresno General Plan Update and has been renamed the Southeast Development Area (SEDA). However this has not been approved or finalized and reference to SEGA or SEDA is for informational purposes only.
Current policy outlined several parameters that needed to be met prior to any new development in the SEGA planning area. The project applicant has completely installed the requisite infrastructure for a single family development, Tract No. 5312 and Tract No. 5935 to the immediate west. Furthermore, the applicant has requested and secured the necessary "release for development" from the County of Fresno to the City of Fresno. While there remains planning, infrastructure, and financial challenges for the SEGA area, it is the position of the City development could only occur on the subject site and not create a growth precedence.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The subject site is located on the east side of North Locan Avenue. The subject site location is adjacent to low and medium density residential (City of Fresno) and agricultural (County of Fresno) land uses which provide for a pattern of development with the potential to increase the number of average daily vehicle trips.
The project specific mitigation measures require that all plan amendments are required to prepare a traffic impact study (TIS). A TIS, dated November 27, 2013, was prepared for the proposed development. The study has applied the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual. The development of ninety-eight (98) single family residential units on the subject site is expected to generate an average of approximately 942 average daily trips (ADT). Of these vehicle trips it is projected that seventy-five (75) will occur during the morning (7 to 9 a.m.) peak hour travel period and ninety-eight (98) will occur during the evening (4 to 6 p.m.) peak hour travel period.
The proposed plan amendment will change the land use agricultural to Medium Low Density Residential, which will increase the traffic volume, as noted above. The trips would be directed mainly onto North Locan Avenue. Locan Avenue is an existing two-lane undivided collector adjacent to the proposed property according to the 2025 Fresno General Plan and the Roosevelt Community Plan.
The TIS analyzed the Ashlan Avenue/Locan Avenue, Shields Avenue/Temperance Avenue, Olive Avenue/Temperance Avenue and Belmont Avenue/Temperance Intersections which currently exceed their respective level of service (LOS) D threshold, as well as, analyzed the street segments highlighted below.
Currently, the intersections of Ashlan Avenue/Locan Avenue, Shields Avenue/Temperance Avenue, Olive Avenue/Temperance Avenue and Belmont Avenue/Temperance Avenue exceed their respective LOS D threshold, which is a significant impact. At present a traffic signal is under construction at the intersection of Ashlan Avenue/Locan Avenue and a traffic signal is currently under design for the intersection of Shields Avenue/Temperance Avenue with an estimated construction date of late 2014. With the completion of the traffic signals at these two intersections the LOS will improve to LOS D or better. To improve the LOS the remaining intersections at LOS D or better, the following will be added as conditions of zoning:
a. Shields Avenue and Locan Avenue - install an all-way stop control and add westbound left-turn lane.
b. The project shall widen/restripe the intersection of Olive and Temperance Avenues to the following configuration:
i. Eastbound - one left-turn lane and one through lane with a shared right-turn lane
ii. Westbound - one left-turn lane and one through lane with a shared right-turn lane
iii. Northbound - one left-turn lane and one through lane with a shared right-turn lane
iv. Southbound - one through lane with a shared left-turn lane and one right-turn lane
The LOS for the study segments Shields Avenue between Locan Avenue and Temperance Avenue, Locan Avenue between Shields Avenue and Ashlan Avenue, Temperance Avenue between Shields Avenue and Clinton Avenue, Temperance Avenue between Clinton Avenue and McKinley Avenue, Temperance Avenue between McKinley Avenue and Olive Avenue, and Temperance Avenue between Olive Avenue and Belmont Avenue are LOS D or better during the daily, a.m. peak hour and p.m. peak hour conditions.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the plan amendment, rezone, and tract map applications and has determined that the following intersections are currently operating at a substandard LOS in either one or both of the weekday peak hours: Ashlan Avenue at Locan Avenue, Shields Avenue at Temperance Avenue, Olive Avenue at Temperance Avenue, and Belmont Avenue at Temperance Avenue. 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 several standard requirements. These requirements generally include: (1) public street improvements; (2) installation of a paved pedestrian path or sidewalk; 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.
The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system.
Public Services
Fresno is one of the largest cities in the United States still relying primarily on groundwater for its public water supply. Surface water treatment and distribution has been implemented in the northeastern part of the City, but the city is still subject to an EPA Sole Source Aquifer designation. While the aquifer underlying Fresno typically exceeds a depth of 300 feet and is capacious enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, and a historic trend of high consumptive use of water on a per capita basis (some 250 gallons per day per capita), have resulted in a general decline in aquifer levels, increased cost to provide potable water, and localized water supply limitations.
Fresno has attempted to address these issues through metering and revisions to the City's Urban Water Management Plan (UWMP). The City Council, on June 19, 2014, adopted the Fresno Metropolitan Water Resources Management Plan Update. The overall objective of this update is to supply sufficient and reliable water supplies to meet the demands of existing and future customers through build out of the applicable Fresno General Plan. The study area for the Metro Plan Update includes the existing city limits and City of Fresno Sphere of Influence (SOI) area designated by the 2025 Fresno General Plan. The subject site is located within this area.
Implementation of the City's recommended water supply program contained in this plan will result in a significant shift in the use of available water resources and an increase in diversity in the City's water supply portfolio which will enhance the City's overall water supply reliability. Implementation of the Metro Plan Update involves near-term and long-term water projects including, surface water treatment and storage facilities; a raw water intake; groundwater supply, storage and recharge facilities; recycled water treatment and distribution facilities; water distribution pipelines; and increased water conservation measures.
The Metro Plan Update was based on an assumed annual population growth rate within the City's water service area of 1.9 percent based on projections made by the Fresno Council of Governments (Fresno COG). This assumption resulted in a projected water service area population of approximately 692,202 by 2025.
The Fresno 2025 General Plan had somewhat different projections, and assumed a higher starting population in 2000 for the Community Plan Area. According to the 2025 General Plan, the population of the City's Community Plan Area would increase to 790,955 by 2025. However, with the recent economic downturn, growth in the City has slowed and population projections have been revised. The Fresno COG is now projecting a City population of 786,000 by 2035, which reflects a 10-year shift (delay) in the build out of the City's General Plan SOI.
While the City's population projections have changed, the required components of the Metro Plan Update have not. Implementation of this Metro Plan will achieve water supply sustainability for the entire SOI, which includes the subject site. One of the key policy recommendations of the Metro Plan is that the City adopt a policy that mandated that new development mitigate groundwater impacts. Specifically, it stated that new development be required to fund development of new and sustainable supplies. As a mitigation measure, the project applicant will be required to pay it full impact to local and regional urban services.
The proposed project is located within the Southeast Growth Area (SEGA). Although there is currently no water connection fee program for SEGA to support the development of water supply, treatment, conveyance, and recharge facilities, the Director of the Public Works Department, whose department implements the impact fee programs, has made findings and determined that the current City of Fresno fee schedule assesses the projects for their impact to local and regional urban services, including water. In addition, when development permits are issued, fees to support expansions and service enhancements of the City's water utility, including recharge activities, will also be imposed as conditions of approval for special permits
Project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The Department of Public Utilities, Water Division has reviewed the proposed project and has determined that water facilities are available to provide service to the subject site subject to several conditions.
In addition, when development permits are issued, the subject site will be required to contribute to the completion of the FMFCD's master planned storm drainage facilities, and to preserve the patency of irrigation canals and pipelines for delivering surface water to recharge/percolation basins. Stormwater ponding basins provide significant opportunity to recharge groundwater with collected storm water run-off and surface water obtained from the Fresno Irrigation District (FID) and United States Bureau of Reclamation on the northern edge of the current urban limit boundary. The Department of Public Utilities works with FMFCD to utilize suitable FMFCD ponding (drainage) basins for the groundwater recharge program, and works with FID to ensure that the City's allotment of surface water is put to the best possible use for recharge.
The Fresno Irrigation District's (FID) Canal No. 99 runs southerly along the west side of Locan Avenue approximately seventy (70) feet west of the subject property. FID owns a fifteen (15) foot wide easement, recorded February 1, 2007, as Document Number 2007-0021333 of the Official Records of Fresno County. This pipeline was installed in 2007 as 24-inch diameter ASTM C-361 Rubber Gasket Reinforced Concrete Pipe (RGRCP) which meets FID's minimum standards for developed areas.
As mentioned above, when development permits are issued, the subject site will be required to contribute to the completion of the FMFCD's master planned storm drainage facilities, and to preserve the patency of irrigation canals and pipelines for delivering surface water to recharge/percolation basins. Fees to support expansions and service enhancements of the City's water utility, including recharge activities, are also imposed as conditions of approval for special permits.
Occupancy of this site will generate wastewater containing human waste, which is required to be conveyed and treated by the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. There will not be any onsite wastewater treatment system. The proposed project will be required to install sewer branches, and to pay connection and sewer facility fees to provide for reimbursement of preceding investments in sewer trunks to connect this site to a public system.
In conclusion, based on this analysis and implementation of the project specific mitigation measures developed for the proposed project, the project will not result in any significant impacts to hydrology and water quality.
The subject shall comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. City police and fire protection services are available to serve the subject site. The subject site is located within two miles of Clovis Fire Station No. 44. The City of Fresno and Clovis have an automatic aid agreement.
The demand for parks generated by the project will be within planned service levels of the City of Fresno Parks and Community Services Department and the applicant will pay any required impact fees at the time building permits are obtained.
Any urban residential development occurring as a result of the proposed project will have an impact on the School District's student housing capacity. The Clovis Unified School District, through local funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50 Level 1, 2 and 3 developer fee legislative provisions. The developer will pay appropriate impact fees at time of building permits.
The Department of Public Utilities has reviewed the proposed plan amendment, rezone, and tract map applications and has determined that sewer and water facilities are available to provide service to the subject site. The nearest available water main (14") is located in North Locan Avenue. The nearest sewer main is located in North Locan Avenue (8"). Finally, the Fresno Metropolitan Flood Control District (FMFCD) has indicated that the FMFCD system could accommodate the proposed pre-zone if the District's Drainage Area "DS" Master Plan has been adopted, which has been incorporated as a Project Specific Mitigation Measure.
Council District Plan Implementation Committees
The District 4 Plan Implementation Committee made a formal recommendation on October 13, 2014. The Committee recommended approval of the plan amendment and rezone by a 3-0 vote with two (2) committee members absent.
Fresno City Planning Commission
On October 15, 2014, the Fresno City Planning Commission considered Plan Amendment Application No. A-13-009 and Rezone Application No. R-13-016. At the hearing, one resident in the immediate project area spoke in direct opposition to the project while others had general comments. These related to anticipated roof heights in proximity to adjacent properties, fugitive dust control measures, and potential loss of view sheds, precedent setting development, and infrastructure support. After some discussion and points of clarification regarding concerns, the Planning Commission recommended approval of the plan amendment and rezone applications and the related environmental assessment to the City Council and approved by a vote of 7 to 0.
Conditions of Zoning
The following Conditions of Zoning are required as a Condition of Approval:
1) Prior to the recordation of the Final Map for Tentative Tract Map No. 6067 the applicant shall enter into a standard subdivision agreement as required by City of Fresno Municipal Code. Among other things, said subdivision agreement shall memorialize the applicant responsibility to construct all improvements to City of Fresno standards and to pay all applicable fees, connection charges or assessments as may be applicable to the Final Map of Tract No. 6067 per the adopted City of Fresno Fee Schedule in affect at the time of Final Map recordation.
2) The project applicant/property owner shall comply with project specific mitigation measures, including, payment of impact fees; participation in any future Community Facilities Districts, as may be required by the City of Fresno Director(s) of Public Works and Public Utilities.
3) Project approval(s) (Amendment and Rezone applications) are contingent upon Tentative Tract Map No. 6067 being approved by the City of Fresno.
4) The project applicant/property owner shall enter into a side letter agreement with both the City of Fresno and County of Fresno with respect to the Restated Memorandum of Understanding. This shall be completed prior to annexation of the subject property.
5) Project approval(s) (Amendment and Rezone applications) are contingent upon the following Accessor Parcel Numbers (APNs) being annexed into the City of Fresno by the Local Agency Formation Commission (LAFCo): APNs: 310-270-09, 10, 11, and 12. Proposed annexation is subject to the Standards of Annexation of the City/County Restated Memorandum of Understanding (MOU).
6) Prior to the recordation of the Final Map for Tentative Tract Map No. 6067 the applicant shall submit to the Development and Resources Management Department a Noise Study for the project site. Special attention shall include proposed/required walls off North Locan Avenue.
7) Application and project description needs to reference APN No. 310-270-09, which is to be annexed with the proposed site.
8) Project approval(s) (Amendment and Rezone) are contingent upon a future planned watershed proposed as Drainage Area "DS" being approved in conjunction with the 2035 Fresno General Plan.
9) Prior to recordation of the Final Map for Tentative Tract Map No. 6067 the applicant shall construct the following to improve intersections at LOS D or better:
a. Shields Avenue and Locan Avenue - install an all-way stop control and add westbound left-turn lane.
b. The project shall widen/restripe the intersection of Olive and Temperance Avenues to the following configuration:
i. Eastbound - one left-turn lane and one through lane with a shared right-turn lane
ii. Westbound - one left-turn lane and one through lane with a shared right-turn lane
iii. Northbound - one left-turn lane and one through lane with a shared right-turn lane
iv. Southbound - one through lane with a shared left-turn lane and one right-turn lane
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
The proposed amendment of the adopted 2025 Fresno General Plan, along with the accompanying pre-rezone, have been determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. It has been further determined that mitigation measures have been incorporated as project specific mitigation measures to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
Based upon the attached environmental assessment and the list of identified project specific mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-13-009/R-13-016/TM-6067 was published on September 25, 2014. Due to a technical error (i.e., SEDA vs. SEGA being referenced), the environmental assessment was re-published in the Fresno Bee and re-filed on October 17, 2014. Subsequently, the public review/comment period had been extended to November 10, 2014 with no comments to date.
LOCAL PREFERENCE
N/A
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.
Attachment: Vicinity Map
Aerial Photograph
Public Hearing Notice Mailing List Vicinity Map
2025 Fresno General Plan Planned Land Use Map
Proposed Zone District Map
Proposed Planned Land Use Map
Proposed Vesting Tract Map
Standards for Annexation
Operational Statement
Agency Comments
Environmental Assessment No. A-13-009/R-13-016/TM-6067 dated October 17, 2014
Planning Commission Resolutions Nos. 13309 (EA & Plan Amendment) and 13310 (Rezone)
City Council Resolution for Plan Amendment Application No. A-13-009
City Council Ordinance Bill for Rezone Application No. R-13-016