REPORT TO THE PLANNING COMMISSION
February 19, 2025
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: JOHN GEORGE, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of Vesting Tentative Tract Map No. 6312, Planned Development Permit Application No. P24-04002, and related Environmental Assessment for approximately 9.23 acres of property located on the west side of North Portofino Drive, north of East Copper Avenue (Council District 6) - Planning and Development Department.
1. ADOPT Environmental Assessment No. T-6312/P24-04002 dated February 19, 2025, an Addendum to the Final Subsequent Environmental Impact Report State Clearinghouse No. 2000021003 (SEIR) for the proposed project, pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. APPROVE Vesting Tentative Tract Map No. 6312 proposing to subdivide approximately 9.23 acres of property into a 22-lot single-family residential development, subject to compliance with the Conditions of Approval dated February 19, 2025.
3. APPROVE Planned Development Permit Application No. P24-04002 proposing to modify the RS-3 (Single-Family Residential, Low Density) zone district development standards to allow for private streets, a reduction in setbacks and lot width, and an increase in building height and lot coverage, subject to compliance with the Conditions of Approval dated February 19, 2025.
Body
EXECUTIVE SUMMARY
Bret Giannetta of Giannetta Engineering, on behalf of Will Amador of Gary McDonald Homes, has filed Vesting Tentative Tract Map No. 6312 and Planned Development Permit Application No. P24-04002, pertaining to approximately 9.23 acres of property located on the west side of North Portofino Drive, north of East Copper Avenue.
The subject property is located within the boundaries of the Fresno General Plan and Woodward Park Community Plan, and both plans designate the subject property for Low Density Residential (1 to 3.5 dwelling units per acre (du/ac)). The proposed density of the subdivision is 2.38 du/ac. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Low Density Residential planned land use for the subject property.
BACKGROUND
The subject property is a vacant site located on the west side of North Portofino Drive, north of East Copper Avenue. The proposed subdivision is surrounded by the Copper River Country Club golf course.
Planned Development
Planned Development Permit Application No. P24-04002 requests authorization for a gated entrance and private streets, and to modify the minimum setbacks, lot size and width, and maximum building height and lot coverage requirements, as follows:
• Front yard setback from 25 feet to 10 feet
• Interior side yard setback from 5 feet per side / 10 feet total to 3 feet per side / 6 feet total
• Rear side yard setback from 20 feet to 10 feet
• Garage setback from 30 feet to 18 feet
• Maximum building height from 35 feet to 40 feet
• Maximum lot coverage from 35 percent to 60 percent. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District
• Minimum lot width (general) from 70 feet to 60 feet
• Minimum lot width (cul-de-sac) from 60 feet to 45 feet)
• Minimum lot size from 5,000 square feet to 4,500 square feet
Copper River Ranch History - EIR
The Copper River Ranch Development was originally submitted to and approved by the County of Fresno Board of Supervisors in 2000. The project was designated and zoned for a mixture of uses including commercial, multi-family residential, and single-family residential. In 2001, the City of Fresno initiated the update of the General Plan and included the Copper River Ranch area. The Copper River Ranch Project was approved in 2003 by the Fresno City Council. The Copper River Ranch area has been in a state of development since 2004 and today, there are commercial and residential uses within the area.
The City of Fresno prepared and certified an Environmental Impact Report (No. 10126) for the Copper River Ranch Project (State Clearinghouse #2000021003), adopted in 2003. Said EIR analyzed the impacts of the following:
• 2,837 residential units on 706 acres
• 250,000 square feet of office/commercial (60 acres)
Copper River Ranch History - SEIR
The Copper River Ranch Project has been building out/developing since 2003 in general conformance to what was analyzed in the 2003 EIR. However, as development has occurred there have been some changes regarding subdivision layouts, number of units, and some changes to locations of commercial/office development. In addition, there are approximately 170.77 acres that were not studied as part of the 2003 EIR, of which the project applicant proposes to eventually develop approximately 109 acres.
As such, those areas required additional environmental evaluation, and a Subsequent Environmental Impact Report (SEIR) was prepared and included a full evaluation of the “new” project areas as well as all proposed land use changes and associated maps (including subject tentative tract map).
The SEIR consisted of adding approximately 109 acres to the Copper River Ranch development that were not included in the original 2003 Copper Ranch EIR, and included land use and zoning designation changes within the existing 706.5-acre Copper River Ranch development. The subject property of the proposed subdivision map was included within the SEIR for Low Density Residential uses. On December 9, 2021, the Fresno City Council certified Final SEIR SCH No. 2000021003 relative to the overall Copper River Ranch project.
Landscaping/Walls/Open Space
Landscaping / Open Space
The developer is required to provide street trees on all private street frontages per FMC Section 15- 4108-N. Street trees shall be planted at the minimum rate of one tree per lot 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 the Model Water Efficient Landscape Ordinance (MWELO) Title 24, Part 11, Chapters 4 and 5 of the CalGreen Building Code.
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.
Additionally, approximately 21,109 total square feet (0.48 acres) of open space is proposed in two separate areas: one area located roughly in the center of the subdivision and another area located northeast of the gated entrance.
The Copper River SEIR analyzed a certain minimum amount of open space for the entire Copper River area (all properties within City limits north of East Copper Avenue) which is 28.8 acres incorporated by existing and future open space, including parks and trails.
Public Services
Public Utilities
The Department of Public Utilities (DPU) has identified that adequate sanitary sewer and water services are available to serve the project subject to the requirements listed in the memoranda dated October 15, 2024, as well as implementation of the Fresno General Plan policies and the mitigation measures of the SEIR; 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 and improvements and facilities include installation of an 8-inch sanitary sewer main in all private streets within the subdivision. The proposed project will also be required to pay sewer connection charges.
For water service, required infrastructure improvements and facilities includes installation of an 8-inch looped water main located in all private streets within the subdivision. Additionally, extension of water services and meters are required within the interior of the proposed tract to individual lots, providing an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumption purposes.
Installation of these services with meters to proposed residential lots along with payment of applicable Water Capacity Charges comprise this project’s obligations toward implementation of the Fresno General Plan policies (including the mitigation measures of the associated SEIR). Implementation of the Water Resources Management Plan and the identified project related conditions of approval will provide an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumption purposes.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is located within a 100-year flood area as designated on the latest Flood Insurance Rate Maps available to the District, requiring appropriate floodplain management action. Permanent drainage service is available for the proposed subdivision with the construction of the required Creditable Facilities, which includes an 18-inch pipeline with an inlet at the curb extension from the golf course at the northeast corner of the subdivision between lots 14 and 15, and dedication of a 15-foot storm drain easement between lots 13 and 14. Drainage from the site shall be directed to the required storm drain inlet, to be constructed at the end of the required installation of the 18-inch pipeline along the curb between lots 14 and 15.
Fire Department
The subject property is located within the boundaries of the Fire Station 17 Service Area. Additional Fire service requirements for development of the proposed project will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources water. The Developer shall comply with the Fresno Fire Department requirements dated January 8, 2025.
Streets and Access Points
The Fresno General Plan designates North Portofino Drive as a local street. The proposed project will take access from East Escarpa Drive via one gated vehicular entrance and one pedestrian entrance.
The project will require dedications and/or acquisitions for public street rights-of-way and utility easements, as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure in accordance with all applicable standards, specifications and policies of the City of Fresno and responsible agencies.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic-related impacts 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 generated, subject to the requirements in the memorandum from the Traffic Engineering Division dated December 16, 2024. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee.
Council District Project Review Committee
The Council District 6 Project Review Committee reviewed the proposed project at its regular meeting on November 13, 2024, and recommended approval by a vote of 6-0 with no additional recommendations.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property, pursuant to Section 15-5007 of the Fresno Municipal Code (Exhibit G) and posted in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
ENVIRONMENTAL FINDING
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.
Preparation of the environmental assessment required a thorough review of the proposed project and relevant environmental issues, and considered previously prepared environmental and technical studies, specifically the Final Subsequent Environmental Impact Report State Clearinghouse (SCH) No. 2000021003 (“SEIR”).
The proposed project has been determined to be a subsequent project that is fully within the scope of the SEIR as provided by the Project Description of the SEIR (Parcel 7 development). Therefore, the Planning and Development Department proposes to adopt an addendum to the SEIR.
Pursuant to CEQA Guidelines Section 15164(a), a Lead Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether a subsequent environmental review is required for this project. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects because the project is being implemented as planned. Specifically, this item will implement the plans for Parcel 7 as specified in the SEIR. The only minor technical change here is to the unit number for the single-family residential development, which specifies 22 units for Vesting Tentative Tract No. 6312, where the SEIR did not provide an exact number of units.
2. No substantial changes occurred with respect to the circumstances under which the project is undertaken that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous EIR, showing that:
a. The project will have one or more significant effects not discussed in the previous EIR.
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR.
c. Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that a subsequent EIR is not required for this approval, and therefore staff has prepared an addendum to the SEIR solely to specify the exact number of dwelling units for the subject site which was already analyzed for single-family development consistent with the Low Density Residential planned land use in the SEIR. Please see the attached environmental assessment (Exhibit K).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within FMC Sections 15-3309 and 15-5905 can be made. These findings are attached as Exhibit F.
GROUNDS FOR DENIAL OF TENTATIVE MAP
The Subdivision Map Act (SMA) (California Government Code §§ 66410, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made.
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of 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 of or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by the 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, pursuant to the Findings (Exhibit F) and Conditions of Approval (Exhibits H and I) and, therefore, recommends approval subject to the conditions.
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 Woodward Park 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. The proposed project does not meet the findings for denial per the SMA and staff concludes that the required findings within FMC Sections 15-3309 and 15-5905 can be made. Based upon this evaluation, it can be concluded that the proposed projects are appropriate for the project site.
ATTACHMENTS:
Exhibit A - Vesting Tentative Tract Map 6312 [9-20-2024]
Exhibit A-1 - Planned Development Site Plan [9-20-2024]
Exhibit B - Operational Statement [9-20-2024]
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 (1,000 feet)
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map 6312 [2-19-2025]
Exhibit I - Conditions of Approval for Planned Development Permit Application P24-04002 [2-19-2025]
Exhibit J - Comments & Requirements from Responsible Agencies
Exhibit K - Environmental Assessment No. T-6312/P24-04002 [2-19-2025]