REPORT TO THE CITY COUNCIL
August 24, 2017
FROM: JENNIFER K. CLARK, Director
Development and Resource Management Department
THROUGH: MIKE SANCHEZ, Assistant Director
Development and Resource Management Department
BONIQUE EMERSON, Planning Manager
Development and Resource Management Department
BY: JOSE VALENZUELA, Planner
Development and Resource Management Department
SUBJECT
Title
HEARING to consider Plan Amendment Application No. A-16-016, Rezone Application No. R-16-017, Development Permit Application No. D-16-139, and related Environmental Assessment No. A-16-016/R-16-017/D-16-139, for property located on the easterly side of N. Salinas Avenue just south of W. Bullard Avenue and the N. Figarden Drive loop. (Council District 2)
1. Adopt the Mitigated Negative Declaration prepared for Environmental Assessment No. A-16-016/R-16-017/D-16-139 dated May 5, 2017.
2. RESOLUTION - Approving Plan Amendment Application No. A-16-016 proposing to amend the Fresno General Plan and the Bullard Community Plan for the subject property from the Medium Density Residential (5-12 du/ac) planned land use designation to the Medium High Density Residential (12-16 du/ac) planned land use designation.
3. BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-017 requesting to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi Family, Medium High Density/Urban Growth Management) zone district.
4. Approve Development Permit Application No. D-16-139 requesting authorization to construct a 120-unit multi-family development in compliance with the Conditions of Approval dated July 5, 2017.
Body
RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. A-16-016/R-16-017/D-16-139 dated May 5, 2017.
2. ADOPT RESOLUTION Approving Plan Amendment Application No. A-16-016 proposing to amend the Fresno General Plan and the Bullard Community Plan for the subject property from the Medium Density Residential (5-12 du/ac) planned land use designation to the Medium High Density Residential (12-16 du/ac) planned land use designation.
3. ADOPT BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-017 requesting to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi Family, Medium High Density/Urban Growth Management)
4. APPROVE Development Permit Application No. D-16-139 requesting authorization to construct a 120-unit multi-family development subject to the Conditions of Approval dated July 5, 2017.
EXECUTIVE SUMMARY
Giorgio Russo, on behalf of Ginder Development, has filed Plan Amendment Application No. A-16-016, Rezone Application No. R-16-017, and Development Permit Application No. D-16-139 pertaining to approximately ±7.87 acres of property.
Plan Amendment Application No. A-16-016 proposes to amend the Fresno General Plan and the Bullard Community Plan for the subject property from the Medium Density Residential (5-12 du/ac) planned land use designation to the Medium High Density Residential (12-16 du/ac) planned land use designation. Rezone Application No. R-16-017 requests authorization to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi Family, Medium High Density/Urban Growth Management) zone district. Development Permit Application No. D-16-139 requests authorization to construct 120 multi-family residential dwelling units.
BACKGROUND
Multi-Unit Residential is permitted subject to a Development Permit in the RM-1 zone district pursuant to Table 15-1002 of the Fresno Municipal Code (FMC). The proposed density for the subject property is approximately 15.24 dwelling units per acre. The subject property is ±7.87 acres and currently has a density of Medium Density Residential (15-12 du/acre). The existing land use would allow between 40 and 94 dwelling units. The proposed 120-unit (density of 15.24 du/ac) development will not be consistent with the general plan. Therefore the proposed plan amendment is necessary to allow for the desired density at the subject site. A land use density of Medium High Residential (12-16 du/ac) will permit the proposed project to be consistent with the Fresno General Plan. In addition, the proposed rezone from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi Family, Medium High Density/Urban Growth Management) will be consistent with the new land use designation.
The project design incorporates a sufficient number of off-street parking stalls (both covered and uncovered), open space that includes a community facility, pool, covered patio, picnic area, and an attractive, contemporary appearance for all exterior elevations.
The project proposes a total of 120 units that consist of 15 buildings and each containing eight units. The development provides 90 units with two-bedroom floor plans and 30 units with one-bedroom floor plans. The project requires 120 covered parking stalls and 60-guest parking, while the applicant proposes 141 garages and 97 open parking stalls, totaling 238 parking spaces. Landscape areas are equal to 42.27 percent of lot coverage. Spaces between buildings have been afforded and designed in a manner which will provide opportunities for both passive and active recreation for prospective residents and tenants.
A centrally-located 4,750 square-foot community facility is an added amenity for residents, providing an exercise room, public restrooms, activity/meeting area, pool, and a full kitchen.
Streets and Access Points
The Fresno General Plan designates North Salinas Avenue as a local street. The developer of this project will be required to construct improvements along the local street frontages.
The Department of Public Works did not require a Traffic Impact Study (TIS) for the proposed project. Traffic Impact Studies assess the impacts of new development on existing and planned streets. In the City of Fresno, there are four Traffic Impact Zones; the proposed project is within Traffic Impact Zone (TIZ) III. In TIZ III, a TIS shall be required for all development projected to generate 100 or more peak hour new vehicle trips. The proposed 120 unit project is projected to generate 61 trips in the a.m. peak hour (7 a.m.-9 a.m.) and 74 trips in the p.m. peak hour (4 p.m. and 6 p.m.). The additional vehicle trips generated by the proposed project are not considered to be significant to this project area.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and has provided conditions of approval within the memoranda from the Traffic Engineering Division dated February 14, 2017. These requirements generally include: (1) Street 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 Fee, the Regional Transportation Mitigation Fee, and the Fresno Major Street Impact Fee.
Public Services
Sewer and water facilities are available to provide service to the site subject to the mitigation measures of the related Master Environmental Impact Report (MEIR) and the conditions listed in the memoranda’s dated February 13, 2017 and February 10, 2017 from the Department of Public Utilities. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project will be required to mitigate the impacts of the increased runoff from the proposed density to a rate that would be expected if developed to the density level as originally planned by the FMFCD. The applicant is subject to implementation of the Fresno General Plan policies and the mitigation measures of the related to reduce the increase of runoff impacts. The MEIR and Mitigated Negative Declaration have provided mitigation measures that the proposed project must implement and comply with to mitigate drainage in the area. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated March 24, 2017. Development of the property requires compliance with grading and drainage standards of the City of Fresno and FMFCD.
Public Input
Neighborhood Meeting
A Neighborhood Meeting was held at the Figarden Elementary School’s Cafeteria on Monday, September 26, 2016 at 6:00 p.m., pursuant to Section 15-5506 of the FMC. This meeting was noticed to property owners within 500 feet of the subject property. One member of the public was in attendance and expressed no concerns.
Community Plan Citizen Committee
The District 2 Plan Implementation Committee reviewed the project, expressed no concerns and recommended approval of the proposed project at their meeting on March 13, 2017.
Fresno City Planning Commission Action
On July 5, 2017, the Planning Commission considered the item as presented by staff, followed by a presentation done by the applicant. During the hearing, no members of the public spoke in opposition or in support and no letters were received in opposition. After a complete hearing, the Planning Commission voted and recommended the City Council approve the plan amendment, rezone, and development permit by a 5-0 vote.
Notice of City Council Hearing
In accordance with Section 15-5007 of the FMC, a notice of public hearing was mailed to surrounding property owners within 1,000 feet of the subject site on August 11, 2017 (see attached Exhibit C).
Fresno Municipal Code Findings
Based upon analysis of the application and subject to the applicant’s compliance with all of the mitigation measure noted in Environmental Assessment No. A-16-016/R-16-017/D-16-139, staff concludes that the required findings of Sections 15-5812 & 15-5206 of the FMC can be made. These findings are attached as Exhibit H.
LAND USE PLANS AND POLICIES
The project aligns with many objectives and policies found in the Fresno General Plan, 2015-2023 Housing Element, and Bullard Community Plan:
Fresno General Plan
• Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
o 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-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.
o Policy LU-1-a promotes infill development in established neighborhoods south of Herndon Avenue.
• 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.
o 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.
o Policy LU-5-d expressly promotes the development of medium-high density residential uses to optimize use of available or planned public facilities and services. Provide housing opportunities with access to employment, shopping, services, and transportation.
o Policy LU-5-g supports development adjacent to established neighborhoods that is compatible in scale and character with the surrounding area.
o 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.
Housing Element
As of July 5, 2017, the Development and Resource Management Department has determined that there is a Housing Element Inventory surplus, and the proposed project will not reduce the Housing Inventory below Fresno’s Regional Housing Need Allocation. Therefore, the project is compliant with the Housing Element.
Bullard Community Plan
The subject property is proposed to be designated as Medium High Density Residential. Upon reviewing the policies contained in the Plan staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC.
ENVIRONMENTAL FINDING
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.
Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Bullard area, including the Fresno General Plan Master Environmental Impact Report (MEIR) SCH No. 2012111015.
The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is not fully within the scope of the MEIR prepared for the Fresno General Plan as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, the Development and Resource Management Department proposes to adopt a Mitigated Negative Declaration for this project.
It has been further determined that all applicable mitigation measures identified within the Fresno General Plan MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR as provided by CEQA Section 15178(a). In addition, pursuant to PRC, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. 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 with the project specific mitigation imposed, staff has determined that there is no substantial evidence in the record that the project may have a significant direct, indirect or cumulative 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 No. A-16-016/R-16-017/D-16-139 was published on May 5, 2017 with no comments or appeals received to date.
LOCAL PREFERENCE
Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch 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 Development and Resource Management Department.
Attachments:
Exhibit A - Aerial Photograph
Exhibit B - Planned Land Use Map & Zoning Map
Exhibit C - Noticing Vicinity Map
Exhibit D - Project Information Tables
Exhibit E - Operational Statement
Exhibit F - Exhibits
Exhibit G - Conditions of Approval dated July 5, 2017
Exhibit H - Fresno Municipal Code Findings
Exhibit I - Environmental Assessment No. A-16-016/R-16-017/D-16-139
Exhibit J - Planning Commission Resolution Nos. 13471, No. 13472, and No. 13473
Exhibit K - City Council Resolution for Plan Amendment Application No. A-16-016
Exhibit L - City Council Ordinance Bill for Rezone Application No. R-16-017
Exhibit M - PowerPoint