REPORT TO THE PLANNING COMMISSION
December 4, 2024
FROM: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Planning Manager
Planning and Development Department
BY: JUAN LARA, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of Conditional Use Permit Application No. P24-02488 and related Environmental Assessment No. P24-02488, pertaining to approximately 7.57 acres of property located on the northwest corner of East Copper Avenue and North Portofino Drive (Council District 6) - Planning and Development Department.
1. ADOPT Environmental Assessment No. P24-02488, dated December 4, 2024, 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 Conditional Use Permit Application No. P24-02488 which requests authorization to construct a 90-unit multi-family residential development, subject to compliance with the Conditions of Approval dated December 4, 2024.
Body
EXECUTIVE SUMMARY
Brenda Cosio of Granville Homes has filed Conditional Use Permit Application No. P24-02488 pertaining to approximately 7.57 acres of property located on the northwest corner of East Copper Avenue and North Portofino Drive. Conditional Use Permit Application No. P24-02488 proposes to construct a 90-unit multi-family development. The subject property is located within the boundaries of the Fresno General Plan and Woodward Park Community Plan.
The subject property is zoned as RS-5/cz (Single-Family Residential, Medium Density/conditions of zoning). Multi-Unit Residential is a permitted use in the RS-5 zone district, subject to an approved Conditional Use Permit. Pursuant to Fresno Municipal Code (FMC) Section 15-906-B, when Multi-Unit Residential uses are proposed in the RS-5 zone district, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits following a public hearing.
Pursuant to FMC Section 15-906-D, when a Multi-Unit Residential use is proposed in the RS-5 zone district, the RM-1 (Multi-Family Residential, Medium High Density) zone district development standards apply excepting density requirements, which remain within the RS-5 density range of between 5 and 12 dwelling units per acre (du/ac). The project is conditioned to comply with the RM-1 zone district development standards, as detailed below.
BACKGROUND
The subject property is a vacant site located on the northwest corner of East Copper Avenue and North Portofino Drive. The immediate vicinity of the subject property is land that is either developed or currently being developed. Properties to the east and north are currently being subdivided for single-family residential uses. The property to the west is developed with single-family residential uses and the property to the south is developed with multi-family uses. The Copper River Country Club Golf Course is located north of the subject property.
The proposed multi-family development will consist of 15 two-story buildings encompassing a total of 60 two-bedroom dwelling units and 30 one-bedroom dwelling units (90 total multi-family dwelling units). Additional on-site and off-site improvements include, but are not limited to, concrete curb, gutter, and sidewalk, landscaping, 175 parking spaces (90 covered and 85 uncovered), community center with a gym and pool tables, barbeque area, and other open space areas.
Vehicular access to the site will be provided via one (1) gated entrance off North Portofino Drive and two (2) emergency vehicle access (EVA) gates on a proposed public cul-de-sac street along the northern subdivision boundary and along East Copper Avenue at the southwest corner of the property.
Housing Accountability Act (Senate Bill (SB) 167)
The Housing Accountability Act (HAA) (See Exhibit K for Housing Accountability Act Decision Matrix) defines a housing development project as a project consisting of residential units only, mixed-use developments consisting of residential and nonresidential units, transitional housing, or supportive housing.
Pursuant to Government Code Section 65589.5(j), the HAA prohibits a local agency from disapproving a housing development project that complies with applicable, objective general plan and zoning standards and criteria, unless the local agency makes specified written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
A. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
B. There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density
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. The 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 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. In addition, there are approximately 170.77 acres that were not studied as part of the 2003 EIR, and the project applicant proposes to eventually develop approximately 109 of the 170.77 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 additional project areas, as well as all proposed land use changes and associated maps (including subject tentative tract map).
The SEIR evaluated adding approximately 109 acres to the Copper River Ranch development that were not included in the original 2003 Copper Ranch EIR, as well as land use and zoning designation changes within the existing 706.5-acre Copper River Ranch development. The subject property of the currently proposed project was included within the SEIR for Medium 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.
The proposed project will require dedications for public street rights-of-way as well as the installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno.
Trail
The proposed development is located adjacent to and abutting a super arterial (East Copper Avenue). A proposed Class I bicycle/pedestrian trail is to be constructed along North Copper Avenue pursuant to Figure MT-2 (Paths and Trails) of the Fresno General Plan. A bicycle/pedestrian trail is to be constructed and/or completed along the rear with frontage along East Copper Avenue.
Walls
Consistent with other nearby residential development along East Copper and North Willow Avenues, a minimum six-foot (6’) masonry sound wall will be required to be constructed along the project site frontage adjacent to East Copper Avenue to mitigate potential increased noise decibels of East Copper Avenue.
Landscaping / Open Space
The Copper River SEIR analyzed a 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. It can be noted that the minimum open space standard for the RM-1 zone district is 20% of the total site area.
The project proposes private porches and balconies, aa barbeque area, a community center with a gym and pool tables, and other various open space areas that equate to a total of 23,443 square feet of open space. With the inclusion 23,443 square feet of open space, the proposed project exceeds the standard minimum open space requirements of the Fresno Municipal Code
Pursuant to FMC Section 15-2305, a Type 1 landscape buffer will be required along the western boundary of the property, adjacent to the existing single-family residential properties. The buffer shall have a minimum width of 10 feet and include the following plantings for every 100 linear feet: two large trees, two small to medium trees, six large shrubs, and eight small to medium shrubs.
Density
The project proposes construction of a 90-unit multi-family residential development on approximately 7.57 acres of property that is zoned RS-5 (Single-Family Residential, Medium Density). Pursuant to FMC Section 15-906, Multi-Unit Residential uses in the RS-5 zone district have an allowable density range of 5 to 12 dwelling units per acre (du/ac). As proposed, the 90 units would result in a density of 11.88 du/ac and would therefore be consistent with the density range requirement of FMC Section 15-906-D.1.b.
Fresno Municipal Code
Pursuant to FMC Section 15-906-D, when a multi-family residential project is proposed for property within the RS-5 (Single-Family Residential, Medium Density) zone district the property development standards of the RM-1 (Multi-Family Residential, Medium High Density) zone district shall apply to the subject property.
Setbacks
The subject property is considered a through lot because the property includes streets along the south (East Copper Avenue) and north (cul-de-sac) property lines, as well as the east (North Portofino Drive). FMC Section 15-312.B determines the front yard of through lots as the yard that borders the street primarily used as frontage by neighboring lots. None of the streets abutting the subject property provide direct access to houses on the same block face as the subject property. That said, the north and south property lines can both be considered as the front yard. Pursuant to FMC Table 15-1003, the setback requirements of the RM-1 zone district are as follows:
• Front setback (East Copper Avenue and northern property line; adjacent to cul-de-sac): the front setback requirement of the RM-1 zone district does not apply.
• Interior side yard setback (western property line; adjacent to single-family residential and golf course to the west): Pursuant to FMC Section 15-1004.A.2.b., when an RM zone district abuts an RS zone district, the minimum interior side yard setback shall be ten feet (10’). The site plan depicts the nearest building to the portion of the property that abuts the RS zone district at 10’. Thus, in both cases, the proposed project complies with the minimum interior side yard setback requirements of the RM-1 zone district.
• Street side yard setback (North Portofino Drive): The minimum street side yard setback requirement is 10’. The site plan depicts the nearest building along the North Portofino Drive frontage at 13.5’. Thus, the proposed project complies with the minimum street side yard setback requirement of the RM-1 zone district.
Lot Coverage
The maximum lot coverage for the RM-1 zone district is 50%. The proposed lot coverage for the project is approximately 32% providing consistency with the maximum lot coverage requirement of the RM-1 zone district.
Parking
The project proposes 60 two-bedroom units and 30 one-bedroom units. For multi-family projects containing one- or two-bedroom units, FMC Section 15-2409 requires 90 covered parking spaces (one covered space per unit) and 45 additional uncovered guest parking spaces (one additional uncovered guest parking space for every two units) for a total minimum requirement of 135 parking spaces. The proposed site plan depicts 90 garages (covered parking) and 85 uncovered parking spaces for a total of 175 parking spaces, providing compliance with the minimum parking space requirements of the RM-1 zone district.
Other Agencies
Public Utilities
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project subject to implementation of the Fresno General Plan policies, 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 improvements and facilities include typical requirements including the construction and extension of sanitary sewer mains and branches if the existing sewer branches are not adequate and/or operational. The proposed project will also be required to provide payment of sewer connection charges if not previously paid with the existing sewer service at the property.
For water service, required infrastructure improvements and facilities include installation of private on-site water facilities.
Fresno Metropolitan Flood Control District
The Fresno Metropolitan Flood Control District (FMFCD) memorandum dated November 14, 2024, states that conveyance of storm water should be directed towards North Chestnut Avenue and North Portofino Drive. The grading plan for the site requires review by FMFCD prior to final development. This is required prior to the issuance of permits.
Fire Department
The Fresno Fire Department (FFD) 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 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 project has been reviewed by the Fire Department and shall comply with FFD requirements.
All comments received from the applicable agencies (Exhibit I) have been incorporated into the conditions of approval for Conditional Use Permit Application No. P24-02488. Given the conditions of approval, the project will comply with all zoning requirements as incorporated into the conditions of approval dated December 4, 2024 (Exhibit H).
Public Notice and Input
Neighborhood Meeting
On January 19, 2023, Prior to project acceptance, the applicant held a neighborhood meeting via Zoom due to the COVID-19 pandemic and noticed property owners within 1,000 feet of the subject property. The property owner presented an overview of the project, including exhibits of the proposed development. Three residents or properties from within the neighborhood attended the meeting. A summary from the meeting has been provided by the applicant (Exhibit G).
Council District Project Review Committee
The proposed project was reviewed by the Council District 6 Project Review Committee on September 11, 2024. The project design was recommended for approval by the Committee, 6 votes to 0.
Notice of Planning Commission Hearing
In accordance with FMC Section 15-5007, the Planning and Development Department mailed notices for the December 4, 2024, Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on November 22, 2024 (Exhibit F).
Woodward Park Community Plan
The subject property is designated for Medium Density Residential planned land uses by the Woodward Park Community Plan. 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 or the Fresno General Plan.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings of Section 15-5306 of the Fresno Municipal Code can be made. These findings are attached as Exhibit E.
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 necessitated 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 6 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 which 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 6 as specified in the SEIR. The only minor technical change here is to the unit number for the Medium Density residential development, which specifies 90 units for Conditional Use Permit Application No. P24-02488, where the SEIR did not provide an exact number of units.
2. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which 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 with the exercise of reasonable diligence at the time the previous EIR was certified as complete 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, but the project proponents decline to adopt the mitigation measure or alternative; and
d. Mitigation measures which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
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 multi-family units for the subject site which was already analyzed for multi-family development consistent with the Medium Density Residential planned land use in the SEIR. Please see the attached environmental assessment (Exhibit J).
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 Woodward Park Community 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 by the accompanying environmental assessment. Based upon this evaluation, it can be concluded that Conditional Use Permit Application No. P24-02488 is appropriate for the project site. Planning Commission action of the proposed Conditional Use Permit, unless appealed to the Council, is final.
ATTACHMENTS:
Exhibit A - Project Exhibits (Site Plan, Floor Plan, & Elevations) [10-29-2024]
Exhibit B - Operational Statement [8-26-2024]
Exhibit C - Aerial Map
Exhibit D - Fresno General Plan Land Use & Zoning Map
Exhibit E - Fresno Municipal Code Findings
Exhibit F - Public Hearing Notice Radius Map (1,000 feet)
Exhibit G - Neighborhood Meeting Summary
Exhibit H - Conditions of Approval for Conditional Use Permit Application P24-02488 [12-4-2024]
Exhibit I - Comments & Requirements from Responsible Agencies
Exhibit J - Environmental Assessment No. P24-02488 [12-4-2024]