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File #: ID 24-1531    Version: 1 Name:
Type: Action Item Status: Passed
File created: 10/31/2024 In control: City Council
On agenda: 12/5/2024 Final action: 12/5/2024
Title: HEARING to consider an appeal regarding the approval of Development Permit Application No. P23-03784 and related Planned Development Permit Application No. P23-03785, which propose to develop a new Kindergarten through Eighth Grade (K-8) charter school campus on approximately 2.31 acres located on the south side of West Belmont Avenue, between North Pacific and North Delno Avenues. (Council District 3) - Planning and Development Department. 1. DENY the appeal and UPHOLD the action of the Planning Commission to approve Development Permit Application No. P23-03784 authorizing the construction of a new Kindergarten through Eighth Grade (K-8) charter school campus for Golden Charter Academy subject to Conditions of Approval dated August 30, 2024. 2. DENY the appeal and UPHOLD the action of the Planning Commission to approve Planned Development Permit Application No. P23-03785 authorizing modified development standards related to setbacks, fa?ade design, site design, and landscape buffers, ...
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Aerial Photograph, 3. Exhibit C - Zoning Map, 4. Exhibit D - Project Information Tables, 5. Exhibit E - Operational Statement, 6. Exhibit F - Exhibits, 7. Exhibit G - Conditions of Approval, 8. Exhibit H - Department & Agency Comments, 9. Exhibit I - Notice Map, NOITTA, NOA, and NOPH, 10. Exhibit J - Appeal Letters, 11. Exhibit K - Environmental Assessment, 12. Exhibit L - Supplemental Materials Provided by Applicant, 13. Exhibit M - Fresno Municipal Code Findings, 14. Exhibit N - Requested Modifications to FMC, 15. Exhibit O - Planning Commission Resolutions, 16. Exhibit P - PowerPoint Presentation, 17. Public Comment Packet - 9 25 AM ID 24-1531_Redacted, 18. 925AM 24-1531 2024-12-05 Golden Charter CC Slides Applicant Presentation, 19. 925 AM 24-1531 Miguel Arias P23-03784 P23-03785 - Presentation, 20. 925AM 24-1531 Public Comment Accepted by Council President

REPORT TO THE CITY COUNCIL

 

 

FROM:                     JENNIFER CLARK, Director

Planning and Development Department

 

THROUGH:  ASHLEY ATKINSON, Assistant Director

Planning and Development Department

 

BY:                                          PHILLIP SIEGRIST, Planning Manager

                                          Planning and Development Department

 

BRITTANY MARTIN, Planner

                                          Planning and Development Department

 

SUBJECT

Title

HEARING to consider an appeal regarding the approval of Development Permit Application No. P23-03784 and related Planned Development Permit Application No. P23-03785, which propose to develop a new Kindergarten through Eighth Grade (K-8) charter school campus on approximately 2.31 acres located on the south side of West Belmont Avenue, between North Pacific and North Delno Avenues. (Council District 3) - Planning and Development Department.

1.                     DENY the appeal and UPHOLD the action of the Planning Commission to approve Development Permit Application No. P23-03784 authorizing the construction of a new Kindergarten through Eighth Grade (K-8) charter school campus for Golden Charter Academy subject to Conditions of Approval dated August 30, 2024.

2.                     DENY the appeal and UPHOLD the action of the Planning Commission to approve Planned Development Permit Application No. P23-03785 authorizing modified development standards related to setbacks, façade design, site design, and landscape buffers, in accordance with FMC Sections 15-1103, 15-1104, 15-1105, and 15-2305, subject to compliance with the Conditions of Approval dated August 30, 2024.

 

Body

RECOMMENDATION

 

Staff recommends that the City Council take the following actions:

1.                     DENY the appeal and UPHOLD the action of the Planning Commission to approve Development Permit Application No. P23-03784 authorizing the construction of a new Kindergarten through Eighth Grade (K-8) charter school campus for Golden Charter Academy subject to Conditions of Approval dated August 30, 2024.

2.                     DENY the appeal and UPHOLD the action of the Planning Commission to approve Planned Development Permit Application No. P23-03785 authorizing modified development standards related to setbacks, façade design, site design, and landscape buffers, in accordance with FMC Sections 15-1103, 15-1104, 15-1105, and 15-2305, subject to compliance with the Conditions of Approval dated August 30, 2024.

 

EXECUTIVE SUMMARY

 

Dan Zack of Zack Urban Solutions, on behalf of Robert Golden of Golden Charter Academy, has filed Development Permit Application No. P23-03784 and related Planned Development Permit Application No. P23-03785 which pertain to the ± 2.31 acres of vacant property located on the south side of West Belmont Avenue, between North Pacific and North Delno Avenues.

 

Development Permit Application No. P23-03784 proposes to construct a new K-8 charter school campus for Golden Charter Academy. Planned Development Permit Application No. P23-03785 proposes modifications to the façade design, site design, setbacks, and landscape buffer development standards required by the mixed-use zone district and applicable landscape regulations.

 

On August 30, 2024, the Project was approved by the Planning and Development Director subject to conditions of approval (Exhibit G).

 

On September 5, 2024, the Director’s decision to approve the Project was appealed by Councilmember Arias (Exhibit J).

 

On October 16, 2024, the Planning Commission considered the appeal and upheld the action of the Planning and Development Department Director approving Development Permit Application No. P23-03784 and Planned Development Permit No. P23-03785 subject to the Conditions of Approval dated August 30, 2024. (Exhibit O - Planning Commission Resolutions)

 

On October 31, 2024, Councilmember Arias appealed the Planning Commission’s decision to deny the appeal and uphold the Planning and Development Director’s decision (Exhibit J). Therefore, Development Permit Application No. P23-03784 and Planned Development Permit No. P23-03785 have been scheduled for consideration by the City Council.

 

Staff recommends that the City Council uphold the Planning Commission’s approval of the Development Permit and related Planned Development Permit as supported by the evidence presented in this staff report.

 

BACKGROUND

 

The ±2.31-acre project site comprises two (2) adjoining parcels (1.86 acres and 0.45 acres) located on the south side of West Belmont Avenue, between West Belmont and West Franklin avenues and between North Pacific and North Delno avenues. The vicinity surrounding the subject site is primarily residential, with the Fresno Chaffee Zoo and Roeding Park directly across West Belmont Avenue to the north. To the southeast are several existing industrial uses, while West Belmont Avenue consists of mixed non-residential uses such as nightclubs, restaurants, and a gas station. A vacant parcel and ponding basin lie across North Pacific Avenue to the west.

 

Development Permit Application No. P23-03784 proposes to construct a new K-8 charter school campus for Golden Charter Academy. This new campus will serve as the permanent location for Golden Charter Academy, allowing it to relocate from its temporary facility located at 1626 West Princeton Avenue. On-site and off-site improvements include, but are not limited to: four (4) detached educational buildings (±26,914 total square feet) which consist of 21 classrooms, administrative offices, multipurpose room, and restrooms; ±12,735 square feet of overhangs and patio areas; an outdoor children’s play area and amphitheater; trees and landscaping; a water feature; a six-foot CMU block wall and screen hedges; security gates and perimeter fencing; a student drop-off/pick up zone; bike racks; trash enclosure; new sidewalks; two (2) new drive approaches along West Franklin Avenue and one (1) emergency access drive approach along North Delno Avenue; new utilities, lighting, and on-site employee and guest parking. The new campus is designed to accommodate up to 480 students and 60 employees at full enrollment, and classrooms will be arranged along linear courtyards.

 

The school will be chartered through the Fresno Unified School District with proposed operating hours from 7:30 AM to 4:30 PM, Monday through Friday. Of the 60 total employees, approximately 45 will be present on-site at any given time.

 

Student drop-off and pick-up will occur along North Pacific Avenue in front of the school’s main entrance. The block is ±590 feet long with no other land uses, allowing space for 25 to 30 vehicles to queue without impacting adjacent properties. Parents and guardians will be directed to enter the neighborhood via the signalized intersection of West Belmont and North Delno Avenues, proceed south on North Delno Avenue, turn right (west) onto North Franklin Avenue, and then turn right onto northbound Pacific Avenue to enter the queue. After drop-off or pick-up, they will exit via West Belmont Avenue.

 

To manage traffic flow, at least eight (8) staff members will be present: five (5) at the student drop-off and pick-up area on North Pacific Avenue, two (2) on West Franklin Avenue, and one (1) on West Belmont Avenue to direct traffic.

 

Land Use and Zoning

 

The subject site is located within the boundaries of the Fresno General Plan and Downtown Neighborhoods Community Plan. These plans designate the site for neighborhood mixed-use (NMX) land uses and the site is zoned accordingly. The Neighborhood Mixed-Use designation and zone district allow for mixed-use residential districts that include local-serving, pedestrian-oriented commercial development, such as smaller independent retail shops and professional offices in two- to three-story buildings. Development in the NMX district is expected to include ground-floor neighborhood retail uses and upper-level housing or offices, with a mix of small lot single-family houses, townhomes, and multi-family dwelling units on side streets, in a horizontal or vertical mixed-use orientation. The NMX district provides for a scale and character of development that is pedestrian-orientated and designed to attract walk-in clientele, with small lots and frequent pedestrian connections permitting convenient access from residences to commercial space. While development in NMX districts is generally expected to include residential uses, the development code does allow for projects, such as schools, to be developed without a residential component.

 

Pursuant to Section 15-6703 (Public and Semi-Public Use Classifications) of the Fresno Municipal Code (FMC), the proposed use would be classified as Schools, Public or Private which is described as facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California. Pursuant to Table 15-1102 (Land Use Regulations - Mixed Use Districts) of the FMC, Schools, Public or Private, are a permitted use in the NMX zone district.

 

Projects developed in Mixed-Use districts are subject to prescriptive site design, intensity and massing, and façade design development standards that promote pedestrian-oriented development and encourage development of mixed-use centers and corridors with a vibrant concentration of goods and services, multi-family housing, and community gathering and public spaces at strategic locations.

 

As proposed, the Project does not fully comply with the development standards required in mixed-use zone districts, and therefore relief from the strict application of these standards is required to allow the Project to be developed. The Project is designed with a traditional campus-like site plan, which is generally not consistent with design and development standards for projects along mixed-use corridors. Additionally, the building design incorporates a non-traditional façade that does not meet the specified requirements of FMC Sections 15-1103 (Density, Intensity, and Massing Development Standards), 15-1104 (Site Design Development Standards), 15-1105 (Façade Design Development Standards), and 15-2305 (Areas to be Landscaped). These standards require buildings to be set back no greater than 10 feet from the back of the sidewalk; buildings to provide a high level of frontage coverage (60 percent) with a pedestrian entrances for every 100 feet; parking areas to be setback 30 feet from the back of the  sidewalk; projects to provide 12-foot wide sidewalks with street trees and pedestrian-scaled street lighting; a 20-foot building setback when adjacent to residential districts (residential transition standard); a 15-foot wide Type 2 landscape buffer when adjacent to residential districts; and specific façade design elements, including color variety, window glazing ratios, and alignment standards.

 

The educational buildings are proposed to be set back 0 to 35 feet from the back of the sidewalk (instead of 0 to 10 feet) and to provide 56 percent frontage coverage (instead of 60 percent). Pedestrian entrances will be spaced up to 200 feet apart (instead of 1 per 100 feet), with no entrances along West Belmont Avenue. The parking area will be set back 5 feet from adjacent sidewalks (instead of 30 feet).  Pedestrian-scaled street lighting will be provided on-site (instead of in sidewalk). 10-foot-wide sidewalks will be provided along West Franklin Avenue (instead of 12 feet) with street trees planted every 20 to 40 feet in tree wells along the curbline (in accordance w/ the Development Code) and pedestrian-scale street lighting provided on-site (instead of the sidewalk). Sidewalks that are 9 to 10.5 feet wide will be provided along North Pacific Avenue (instead of 12 feet) with street trees planted every 20 to 40 feet behind the back of the sidewalk (instead of in tree wells along the curbline). A 3 to 11-foot interior side setback will be provided (instead of 20 feet). A landscape buffer ranging from 4.4 to 21.5 feet wide (9-foot average) with solid hedge wall will be provided along the interior/rear lot lines (instead of a 15-foot-wide Type 2 landscape buffer).

 

Pursuant to FMC Section 15-5901, Planned Development approval will provide for better coordinated development and is required for projects on infill sites that desire greater flexibility than already provided for in the development code. Therefore, Planned Development Permit Application No. P23-03785 was filed concurrently with Development Permit Application No. P23-03784 for the purpose of modifying the development standards in FMC Sections 15-1103 (Density, Intensity, and Massing Development Standards), 15-1104 (Site Design Development Standards), 15-1105 (Façade Design Development Standards), and 15-2305 (Areas to be Landscaped). The requested modifications are detailed in the tables included in Exhibit N.

 

In order to grant the requested development code modifications, the required findings must be made in accordance with FMC Section 15-5905. Approval of the Project has been conditioned to provide enhanced visual screening and landscaping along the abutting residential properties. The Project was found to be demonstratively superior to development that could occur under the mixed-use development standards; would achieve superior community design; and provide substantial public benefit. The Planned Development Findings for this project are made and included in Exhibit M.

 

FMC Section 15-1105 (Façade Design Development Standards) provides two (2) options under which appropriate façade design can be provided: Flexibility Option and Certainty Option. Pursuant to FMC Section 15-1105-A (Flexibility Option), projects that: 1) present an attractive appearance to public streets; 2) are aesthetically and functionally compatible to the nearby development context; 3) demonstrate a high level of quality; and 4) support the growth in value of surrounding properties may be determined to comply with façade design development standards under the flexibility option. While the Planned Development Permit requests modifications to Sections 15-1105-C (Building Materials and Finishes), 15-1105-D (Window Design), 15-1105-E (Façade Alignment), 15-1105-F (Balconies), and 15-1105-G (Façade Elements), the Project demonstrates that it meets the goals of the Flexibility Option.

 

Projects that do not qualify for the flexibility option must provide façade design in accordance with the prescriptive development standards under FMC Section 15-1105-B (Certainty Option).

 

Parking

 

Pursuant to FMC Table 15-2409, elementary and middle schools shall provide one (1) parking space per classroom and one (1) parking space per 300 square feet of office area. The proposed charter school will include 21 classrooms and approximately 1,758 square feet of office space. Therefore, a minimum of 27 on-site parking spaces shall be provided. The Project proposes 33 on-site parking spaces (6 more parking spaces than required). Therefore, the Project exceeds applicable minimum parking standards.

 

Open Space

 

The proposed school will include a playground and green space which amount to approximately 8,640 square feet of on-site open space. In addition, an amphitheater and sheltered outdoor corridors with planter boxes will be provided. The Development Code does not provide minimum on-site open space requirements for schools.

 

Traffic & Circulation

 

The subject site has four (4) street frontages: West Belmont Avenue (north), North Pacific Avenue (west), North Delno Avenue (east), and West Franklin Avenue (south). The Fresno General Plan Circulation Element designates West Belmont Avenue as a four-lane collector street, which is designed to connect local streets, arterials, neighborhood traffic generators, and provide access to adjacent properties. North Pacific Avenue is designated as a two-lane collector street, while North Delno and West Franklin Avenues are designated as local streets.

 

The project site is served by Fresno Area Express (FAX) Bus Route 33 which provides service at 30-minute intervals along West Belmont Avenue, from North Delno Avenue to North Maple Avenue (east) and south to East Butler Avenue. There are four (4) bus stops within 800 feet to the east of the project site with the nearest (stop #1222) being approximately 235 feet away. Additionally, there are several connections to other bus routes along Route 33, which include Route 26 (Palm Avenue), Route 28 (Fulton Street), Route 22 (San Pablo Avenue), Route 1 (Blackstone/Abbey Avenue and Cesar Chavez Boulevard), Route 32 (Fresno Street), Route 38 (Cedar Avenue), Route 22 (Tulare Street), and Route 26 (Butler Avenue).

 

The proposed Project is projected to generate approximately 888 average daily trips, with 502 vehicle trips occurring during the morning peak hour travel period (7 to 9 a.m.), and 77 vehicle trips occurring during the evening peak hour travel period (4 to 6 p.m.).

 

The proposed Project is located within Traffic Impact Zone I which, pursuant to Figure MT-4 of the Fresno General Plan, generally represents the Downtown Planning Area. Level of Service (LOS) is a system which provides a ranking of the efficiency of a street segment or intersection with six categories ranging from A (free traffic flow with individual vehicles virtually unaffected by the presence of other vehicles) to F (forced, stop-and-go travel with the volume of vehicles substantially exceeding the capacity of the street and often referred to as “gridlock”). The threshold established by the Fresno General Plan in TIZ I is LOS “F” representing stop-and-go travel.

 

A Traffic Impact Study (TIS) is required for projects located within TIZ I that are projected to generate 200 or more peak hour new vehicle trips. Therefore, a TIS provided by Ruettgers and Schuler Civil Engineers, dated May 30, 2024, (R&S Report) was prepared for the Project (Exhibit L). The R&S Report includes an analysis of intersection and roadway LOS, and demonstrates that the Project does not worsen current conditions.

 

Specifically, the Project's impact was assessed to determine whether it would reduce the LOS to LOS E or LOS F at any street or intersection within the Project vicinity. Additionally, the analysis evaluated whether the Project would substantially worsen existing conditions at locations already operating at LOS F. The findings indicate that intersections at Belmont Avenue and Hughes Avenue, and Belmont Avenue and Delno Avenue, maintain LOS B and LOS C, respectively, both with and without the Project. Furthermore, roadway segments on Belmont Avenue continue to exhibit a two-way LOS C during both AM and PM peak hours. The traffic impact study also concludes that the Project is not expected to influence accident rates based on the data reviewed. In summary, the traffic impact study demonstrates that the Project will not adversely affect LOS.

 

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 that may be potentially generated subject to the standard city requirements determined applicable by the City of Fresno Traffic Engineer.  These requirements generally include: (1) Street improvements (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems, dedication of easements; and (2) 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 May 31, 2024, which are included in the Conditions of Approval dated August 30, 2024 (Exhibit G).

 

Vehicle Miles Traveled (VMT)

 

Staff performed a VMT analysis for the Project, which determined the proposed Project is located in a low VMT zone and is estimated to generate 19.41 VMT, which is less than the established VMT threshold of 25.60 VMT (13%). Therefore, the Project can be considered to result in a less than significant VMT impact and is consistent with the State of California Environmental Quality Act (CEQA) Guidelines Section 15064.3(b)(1). The complete VMT analysis is included in the related Environmental Assessment No. P23-03784/P23-03785, dated August 13, 2024, that was prepared and adopted for the project (Exhibit K).

 

Public Services

 

Public Utilities (Sewer, Water, and Solid Waste)

 

The Department of Public Utilities (DPU) identified that adequate sanitary sewer and water services are available to serve the Project in its entirety, subject to implementation of the Fresno General Plan policies; the requirements contained within the DPU memorandum dated February 16, 2024 (Exhibit H); and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies. 

 

The developer shall pay the appropriate Water Capacity Fee, as specified in the DPU memorandum dated February 16, 2024, for all new or expanded connections to the City’s water system. Furthermore, the developer shall pay for all new sewer connections and shall be financially responsible for the abandonment of any unused sewer services previously installed on the property as specified in the DPU memorandum. Installation of new sewer service branch(es) shall be required if the existing sewer branches (sewer laterals) are not adequate and/or operational.

 

The Project was reviewed by the DPU 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 DPU memorandum dated February 16, 2024.

 

Fresno Metropolitan Flood Control District

 

According to the Fresno Metropolitan Flood Control District (FMFCD), the subject property is located in Drainage Area “RR.” FMFCD has indicated that the proposed development is not located within a flood prone area and that permanent drainage service is available provided the developer can safely convey runoff to Master Plan inlets to the satisfaction of the City. All applicable requirements are listed in the memorandum from FMFCD dated February 6, 2024 (Exhibit H).

 

Fire Department

 

The City of Fresno Fire Department reviewed the proposed project and determined that adequate Fire service will be available subject to compliance with Fire Department conditions of approval related to access and design of proposed project.

 

Other Agencies

 

All comments received from the applicable agencies have been incorporated into the conditions of approval for Development Permit Application No. P23-03784 and Planned Development Permit Application No. P23-03785. The Project will comply with all department comments and conditions and all zoning requirements as incorporated into the Conditions of Approval dated August 30, 2024 (Exhibit G).

 

LAND USE PLANS AND POLICIES

 

The proposed Project is consistent with the Neighborhood Mixed-Use planned land use designation of the Fresno General Plan and Downtown Neighborhoods Community Plan. The proposed charter school aligns with the applicable objectives by enhancing neighborhood mixed-use development, and promoting infill strategies. The applicable goals, objectives and policies which the project is consistent with are included in the Fresno Municipal Code Findings (Exhibit M).

 

PUBLIC NOTICE AND INPUT

 

Council District 3 Project Review Committee

 

On February 27, 2024, the Council District 3 Project Review Committee reviewed the Project. There were three (3) committee members present, and they all recommended approval of the Project.

 

Notice of Intent to Take Action

 

Pursuant to FMC Section 15-5903 and 15-5305, the Planning and Development Department mailed a Notice of Intent to Take Action to surrounding property owners within 1,000 feet of the subject site on March 21, 2024, in accordance with FMC Section 15-5007 (Exhibit I).

 

On March 27, 2024, a member of the public called in to express a concern about potential on-street parking issues, although they acknowledged the positive impact a new school could have on the area.

 

Additionally, on March 29, 2024, the owner of Aldo’s Nightclub and Restaurant, located at 617 West Belmont Avenue, submitted an email letter of concern. While they support the addition of a charter school to the neighborhood, they are worried about possible restrictions or limitations that may affect their business, which has been operating at that location for 35 years.

 

No members of the public requested notification of the Director’s action on the Project.

 

Notice of Action

 

On August 30, 2024, the Project was approved by the Planning and Development Director and a Notice of Action (Exhibit I) was prepared and distributed on September 3, 2024, to the individuals that provided comments, as well as to the general public.

 

On September 5, 2024, Councilmember Miguel Arias appealed the Planning and Development Director’s approval to allow for discussion at Planning Commission to explore the conditions of approval related to public improvements, and to explore the modifications to the development standards of the FMC. (Exhibit J).

 

Planning Commission Hearing

 

On October 4, 2024, a Public Hearing Notice for the Planning Commission hearing was mailed pursuant to the requirements of FMC Section 15-5007 (Exhibit I).

 

On October 16, 2024, the Planning Commission considered the appeal and upheld the action of the Planning and Development Department Director approving Development Permit Application No. P23-03784 and Planned Development Permit No. P23-03785 subject to the Conditions of Approval dated August 30, 2024.

 

On October 31, 2024, Councilmember Miguel Arias appealed the Planning Commission’s decision to deny the appeal and uphold the Planning and Development Director’s approval of the project. This appeal seeks to bring the project before the City Council for discussion regarding the conditions of approval and the applicant’s request for modifications to the development standards of the Fresno Municipal Code (Exhibit J). Pursuant to FMC §15-5017(A)(2), appeals of Planning Commission decisions may be appealed  to the City Council by the Councilmember of the district in which the project is located or by the Mayor, either on their own initiative or upon receiving a petition from any person for consideration. The project is situated in Council District 3 and has been appealed by Councilmember Arias, who represents that district.

 

Notice of City Council Hearing

 

Pursuant to the requirements of FMC Section 15-5007, a Public Hearing Notice was mailed on November 22, 2024 (Exhibit I).

 

ENVIRONMENTAL FINDINGS

 

The California Environmental Quality Act (CEQA) (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a project is exempt from CEQA. A determination of a Categorical Exemption under CEQA Guidelines Section 15332/Class 32 (In-Fill Development Projects) was adopted under Environmental Assessment No. P23-03784/P23-03785, dated August 13, 2024. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the Project. (State Clearinghouse No. 2024090039) which was filed on September 3, 2024 (Exhibit K).

 

LOCAL PREFERENCE

 

Local preference was not considered because the project does not include a bid or award of a construction or service contract.

 

FISCAL IMPACT

 

Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications 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.

 

FRESNO MUNICIPAL CODE FINDINGS

 

Based upon analysis of the proposed project, staff concludes that the required findings for a Development Permit and Planned Development Permit contained within Sections 15-5206 and 15-5905 of the Fresno Municipal Code can be made. These findings are provided in Exhibit G.

 

CONCLUSION

 

The appropriateness of the proposed project has been examined for its consistency with the goals and policies of the Downtown Neighborhood 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 in the accompanying environmental assessment, and staff concludes that the required findings contained within Section 15-5206 and Section 15-5905 of the FMC can be made. Based upon this evaluation, it can be concluded that Development Permit Application No. P23-03784 & Planned Development Permit Application No. P23-03785 are appropriate for the subject property.

 

If the City Council decides to uphold the appeal and deny the request to develop the proposed use, the City Council must find that there is insufficient evidence in the administrative record that the findings required by FMC Section 15-5206 and Section 15-5905 can be made and amend the required findings accordingly.

 

Attachments:                     

 

Exhibit A - Vicinity Map

Exhibit B - Aerial Photograph

Exhibit C - Zoning Map

Exhibit D - Project Information Tables

Exhibit E - Project Operational Statement

Exhibit F - Exhibits (Site Plan, Elevations, Floor Plan)

Exhibit G - Conditions of Approval

Exhibit H - Department & Agency Comments

Exhibit I - Notice Map, NOITTA, NOA, and NOPH

Exhibit J - Appeal Letters

Exhibit K - Environmental Assessment

Exhibit L - Supplemental Materials Provided by Applicant

Exhibit M - Fresno Municipal Code Findings

Exhibit N - Requested Modifications to Fresno Municipal Code

Exhibit O - Planning Commission Resolutions

Exhibit P - PowerPoint Presentation