REPORT TO THE PLANNING COMMISSION
SEPTEMBER 6, 2023
FROM: ISRAEL TREJO, Assistant Director
Planning & Development Department
THROUGH: ROB HOLT, Supervising Planner
Planning & Development Department
BY: MICHAEL TRAN, Planner
Planning & Development Department
SUBJECT
Title
Consideration of Vesting Tentative Tract Map No. 6346 and the related Environmental Assessment No. T-6346 pertaining to approximately 4.97 acres of property located on the northeast corner of North Fowler and East Princeton Avenues (Council District 7).
1. ADOPT Environmental Assessment No. T-6346 dated August 16, 2023, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315/Class 15 (Minor Land Divisions) of CEQA Guidelines.
2. APPROVE Vesting Tentative Tract Map No. 6346 which requests authorization to subdivide the subject property into a one-lot subdivision for condominium purposes, subject to compliance with the Conditions of Approval dated September 6, 2023.
Body
EXECUTIVE SUMMARY
Giannetta Engineering, on behalf of Granville Homes, Inc., has filed Vesting Tentative Tract Map No. 6346 pertaining to approximately 4.97 acres of property located on the northeast corner of North Fowler and East Princeton Avenues. Vesting Tentative Tract Map No. 6346 proposes to subdivide approximately 4.97 acres of property into a one-lot subdivision for condominium purposes. The subject property is located within the boundaries of the Fresno General Plan and McLane Community Plan.
BACKGROUND
Project Analysis
The subject property is located within an area that has been significantly developed with a mix of manufacturing, commercial retail, and residential uses. The immediate properties to the north include a 71-lot single-family gated subdivision that is currently under review and drive-thru fast-food restaurants and a commercial retailer. The immediate property to the west is a wholesale and distribution business. The immediate properties to the east and south are developed with single-family residential neighborhoods.
Princeton Apartments
The applicant submitted and received approval for Development Permit Application No. P20-01262 which allows for the construction of a 90-unit multi-family complex on the subject property. The multi-family complex includes two-story apartment buildings that feature one-, two-, and three-bedroom units. Other amenities of the multi-family complex include a leasing office and private recreational areas.
The applicant also previously submitted and received approval for Development Permit Application No. P22-04426, which is a revised exhibit to the original development approval (Development Permit Application No. P20-01262, discussed above). The revisions include a new pedestrian gate, new clubhouse, new manager unit, and nine new electric vehicle (EV) charging stalls. The conditionally approved site plans will be provided as Exhibit K.
The current condominium map application is a proposal to subdivide the subject property into a one-lot subdivision for the purposes of authorizing a condominium map for the previously approved and subsequently revised multi-family development. The number of multi-family residential buildings and units will remain the same and as authorized by Development Permit Application No. P20-01262. The subject property is zoned RM-2/UGM/cz (Residential Multi-Family, Urban Neighborhood/Urban Growth Management/conditions of zoning) and multi-unit residential uses are permitted in this zone district. Furthermore, the proposal to subdivide the subject property into a one-lot subdivision complies with the regulations of Article 39 (Common Interest Developments [Condominiums and Conversions]) of the Fresno Municipal Code.
RM-2 (Multi-Family Residential, Urban Neighborhood) Zone District
The approved development has been conditioned per the regulations of Article 10 (Residential Multi-Family Districts) of the Fresno Municipal Code. This includes all density and massing standards, as well as setback and landscaping requirements. All approved exhibits and Conditions of Approval for Development Permit Application No. P20-01262 dated April 29, 2020, and Development Permit Application No. P22-04426 dated November 17, 2022, are applicable to the development project.
Landscaping/Walls/Open Space
Landscaping for the project shall be in accordance with Section 15-2305 of the Fresno Municipal Code. Additionally, all landscaping and irrigation, and open space shall comply with the conditions of approval and approved landscape and irrigation plans for Development Permit Application No. P20-01262.
Land Use Plans and Policies
The Fresno General Plan puts a strong emphasis on infill development, complete neighborhoods, and mobility and multimodal connectivity.
Goals of the Fresno General Plan include providing for a diversity of districts, neighborhoods, housing types, and residential densities through the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability, which are designed to be healthy, attractive, and centered by schools, parks, public, and commercial services to provide a sense of place and that provide as many services as possible within walking distance.
The supporting Objectives and Policies of the Fresno General Plan include emphasizing compatible infill development opportunities which provide for a diversity of districts, neighborhoods, and housing types in order to afford a range of housing stock within the City of Fresno that will support balanced urban growth and make efficient use of resources and public facilities.
Encouraging infill development on vacant lands within predominantly urbanized areas is necessary in order to meet the Fresno General Plan’s objective to locate roughly one-half of future residential development in infill areas - defined as being within the City on December 31, 2012 - including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, other non-corridor infill areas, and vacant land.
The subject property is approximately 4.97 acres of vacant land, which is substantially surrounded by urban development. The proposed project makes the most efficient use of land and existing public improvements, infrastructure, and services by taking advantage of the opportunity to develop in an area that is already majorly developed and accommodated by City services.
The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:
• Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city.
• Develop Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.
• Improve Fresno’s visual image and enhance its form and function through urban design strategies and effective maintenance.
These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan.
Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types.
Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.
Objective LU-1 promotes the establishment of 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.
Policy LU-1-a promotes new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City.
Objective LU-2 emphasizes to plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
Policy LU-2-a promotes the development of vacant, underdeveloped, and re-developable land within the City limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.
Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
Policy LU-5-e promotes urban neighborhood residential uses to support compact communities and Complete Neighborhoods that include community facilities, walkable access to parkland and commercial services, and transit stops.
Policy LU-5-g supports development adjacent to established neighborhoods that is compatible in scale and character with the surrounding area.
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.
Much of Fresno has been built as discrete residential tracts bordered by strip retail centers, many of which are not accessible from the adjacent homes due to security walls or other barriers. By contrast, the Complete Neighborhoods concept will enable people of Fresno to live in communities with convenient services, employment, and recreation within walking distance.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self-sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include Parks and public schools within or near the neighborhood, public plaza/civic space; access to public transit, neighborhood-serving retail, and a range of employment opportunities.
Immediately north of the subject property is East Shields Avenue which provides a corridor for a variety of industrial and commercial retail uses west of the project site. The intersection of East Shields and North Fowler Avenues immediately northwest of the subject property provides access to Bus Route 45.
Also, west along East Shields Avenue approximately 0.20 miles west of the subject property, is Melody Park which provides a variety of recreational activities include a playground, basketball court, tennis court, and baseball field. The nearest schools to the subject property are Roger S. Oraze Elementary (approximately 0.6 miles northeast of the subject property) and Clovis East High School (approximately 2.20 miles northeast of the subject property).
Therefore, it is staff’s opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy, or regulation of the City of Fresno.
McLane Community Plan
Upon reviewing the policies contained in the McLane Community Plan, staff has determined that there are no policies that are applicable or which control based upon the priority of plans specified in the Fresno Municipal Code and Fresno General Plan.
The purpose of these goals and objectives are to provide a variety of housing types for individual lifestyles and space needs. Furthermore, it is to provide opportunities of higher densities in neighborhoods throughout the City. The proposed project meets the goals and objectives of the General Plan and the McLane Community Plan by implementing the appropriate regulations of the RM-2 zone district and ensuring that new development is compatible to the existing structures in relation to scale, mass, and character.
Public Services
Fire Department
The Fire Department offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search, and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limits, in addition to having mutual aid agreements with the Fresno County Fire Protection District and the City of Clovis Fire Departments.
The condominium map will be served by Fire Station 10, which is located at 5545 East Aircorp Way (approximately 1.3 miles from the subject property).
Public Utilities
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies and the mitigation measures of the related Program Environmental Impact Report, and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications, and policies.
DPU Solid Waste Management previously reviewed the multi-family complex during the processing of Development Permit Application No. P20-01262 and conditioned the project to provide trash enclosures and turn radii for the waste vehicles.
DPU Planning and Engineering Division previously reviewed the multi-family complex during the processing of Development Permit Application No. P20-01262 and determined the existing 8-inch sewer main located in East Princeton Avenue and the existing 8-inch sewer main located in North Bliss Avenue is adequate to serve the project. In addition to the payment of all applicable fees, installation of a sewer house branch will be required.
DPU Water Division previously reviewed the multi-family complex during the processing of Development Permit Application No. P20-01262 and determined the existing 12-inch sewer main located in East Princeton Avenue and the existing 12-inch sewer main located in North Bliss Avenue is adequate to serve the project.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone or hazard area. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated July 12, 2023.
All previous conditions for Development Permit Application Nos. P20-01262 and P22-04426, in addition to any conditions imposed for Vesting Tentative Tract Map No. 6346, have been incorporated into the Conditions of Approval dated September 6, 2023.
Governing Regulations
Condominium Project Being a Subdivision
Section 66424 of the State of California Government Code defines “subdivision” as the division by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. The property shall be considered as contiguous units, even if separated by roads, streets, utility easement, or railroad rights-of-way. “Subdivision includes a condominium project, as defined in subdivision (f) of Section 1531 of the Civil Code…”
Condominium / Project Defined
Section 1351 of the California Civil Code provides that a “condominium project” is defined as a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property (one common-lot subdivision) coupled with a separate interest in space called a unit (subdivided airspace), the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit (subdivided airspace) may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest (common lot) may be all the real property, except for the separate interests (subdivided airspace units), or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easement for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portion of the real property (emphasis added).
Design and Location of Buildings Not a Part of Map Review Process for Condominium
Section 66427(a) of the State of California Government Code provides that a map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a parcel, tentative, or final map of the project on an account of design or the location of buildings on the property shown on the map that are not violative of local ordinance or on account of the manner in which airspace is to be divided in conveying the condominium.
Section 66427(b) of the State of California Government Code provides that a map need not include a condominium plan or plans, as defined in subdivision (e) of Section 1351 of the Civil Code, and the governing body may not refuse approval of a parcel, tentative, or final map of the project on account of the absence of a condominium plan.
Council District 7 Project Review Committee
There is no Council District 7 Project Review Committee formed at this time.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1000 feet of the subject property on August 25, 2023, pursuant to Section 15-5007 of the FMC (Exhibit G).
ENVIRONMENTAL FINDINGS
The California Environmental Quality Act (CEQA), Public Resource Code Section 2100 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Section 15315/Class 15 was made and Environmental Assessment No. T-6346 was completed for this project on August 16, 2023 (Exhibit J).
This project qualifies for a Class 15 Categorical Exemption because it is a single-lot subdivision for condominium purposes and does not propose any physical development. The project as submitted complies with all provisions of the Fresno General Plan and Fresno Municipal Code without requiring any variances or exceptions. The proposed subdivision was routed to the Public Works, Public Utilities, and Fire Departments, and it was determined that all services and access to the proposed parcels to local standards. The subject property was not involved with a division of a larger parcel within previous two years, nor does it have an average slope greater than 20 percent. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines Section 15300.2, apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-3309 et seq. of the Fresno Municipal Code. These findings are attached as Exhibit F.
GROUNDS FOR DENIAL OF TENTATIVE MAP
The Subdivision Map Act (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 judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
Staff has reviewed the proposed vesting tentative tract map and has determined that none of the findings above apply to the project and, therefore, has recommended approval subject to the conditions of approval.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the McLane 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 Subdivision Map Act (California Government Code 66400, et seq.) and staff concludes that the required findings contained within Section 15-3309 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed projects are appropriate for the project site.
ATTACHMENTS:
Exhibit A - Vesting Tentative Tract Map 6346 [6-13-2023]
Exhibit B - Operational Statement [6-13-2023]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Public Hearing Notice Radius Map (1,000 feet)
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map 6346 [9-6-2023]
Exhibit I - Comments & Requirements from Responsible Agencies
Exhibit J - Environmental Assessment T-6346 [8-16-2023]
Exhibit K - Conditionally Approved Site Plans [4-29-2020 & 11-17-2022]