REPORT TO THE CITY COUNCIL
Date: September 11, 2014
FROM: MIKE SANCHEZ, Assistant Director
Development & Resource Management Dept.
THROUGH: BONIQUE EMERSON, AICP, Supervising Planner
Development Services Division
BY: CHRISTOPHER PRECIADO, Planner II
Development Services Division
SUBJECT
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HEARING to consider Rezone Application No. R-14-007 and Environmental Assessment No. R-14-007, filed by Dirk Poeschel of Poeschel Land Development Services, Inc., on behalf of the Second Church of Christ, Scientist, and pertains to 1.58± acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues (280 West Shaw Avenue; APN: 417-333-04) (District 2) - Development and Resource Management Department
1. Consider the environmental finding of a Categorical Exemption for Environmental Assessment No. R-14-007, dated June 12, 2014
2. BILL - Amending the Official Zone Map to reclassify 1.58± acres from the R-1 (Single Family Residential) zone district to the C-P (Administrative and Professional Office District) zone district.
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RECOMMENDATION
Staff recommends the City Council take the following action:
1. ADOPT the environmental finding of a Categorical Exemption prepared for Environmental Assessment No. R-14-007 for the purpose of the proposed project.
2. ADOPT BILL approving Rezone Application No. R-14-007 requesting authorization to reclassify ±1.58 acres from the R-1 (Single Family Residential) zone district to the C-P (Administrative and Professional Office District) zone district.
EXECUTIVE SUMMARY
Rezone Application No. R-14-007 was filed by Dirk Poeschel of Poeschel Land Development Services, Inc., on behalf of the Second Church of Christ, Scientist, and pertains to 1.58± acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues. Rezone Application No. R-14-007 proposes to amend the Official Zone Map to reclassify the southernmost 1.58± acres of the subject property from the R-1 (Single Family Residential) zone district to the C-P (Administrative and Professional Offices) zone district. The southernmost 1.58± acre portion of the property contains a church, related religious facilities, and offices. The requested rezone would be consistent with the General Plan land use designation of commercial office. The northern portion of the property is not part of the rezone application. Approval of the requested zoning will bring the subject site into conformity with the commercial office land use designated for the site by the Bullard Community Plan and the 2025 Fresno General Plan.
The proposed project is supported by staff. In addition, on August 6, 2014, the Planning Commission recommended that the City Council approve Rezone Application No. R-14-007 and Environmental Assessment No. R-14-007 by a 5-0-1 vote.
PROJECT INFORMATION
APPLICANT |
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Dirk Poeschel |
LOCATION |
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280 West Shaw Avenue; Located on the northeast corner of West Shaw and North College Avenues. APN: 417-333-04 (Council District 2, Councilmember Brandau) |
SITE SIZE |
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Approximately 2.96 acres |
PLANNED LAND USE |
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Existing - Commercial Office |
ZONING |
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Existing - R-1 (Single Family Residential) Proposed - C-P (Administrative and Professional Office District) |
PLAN DESIGNATION AND CONSISTENCY |
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Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the proposed C-P zone district classification proposed for the subject property is consistent with the existing commercial office planned land use designated for the subject property by the 2025 Fresno General Plan |
ENVIRONMENTAL FINDING |
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This project is exempt under Sections 15301/Class 1 and 15332/Class 32 of the State of California CEQA Guidelines. |
PLAN COMMITTEE RECOMMENDATION |
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The District 2 Plan Implementation Committee recommended approval to the City Council with a 4-0 vote. |
STAFF RECOMMENDATION |
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(1) Approval of the Categorical Exemption prepared for Environmental Assessment No. R-14-007; and (2) Rezone Application No. R-14-007. |
BORDERING PROPERTY INFORMATION
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Planned Land Use |
Existing Zoning |
Existing Land Use |
North |
residential/medium high density |
R-2 A Low Density Multiple Family Residential District, One Story |
Low Density Multiple Family Residential |
South |
County of Fresno commercial/office |
R-P (County) Residential Professional Office |
Commercial Office |
East |
residential medium high density commercial/office |
R-2A/R-P/CP Low Density Multiple Family Residential District, One Story Residential and Professional Office District Administrative and Professional Office District |
Residential medium high density commercial/office |
West |
County of Fresno residential medium high density commercial/office |
R-1 and R-P (County) Single Family Residential and Residential Professional Office |
Low Density Multiple Family Residential commercial/office |
BACKGROUND/ANALYSIS
Rezone Application No. R-14-007 was filed by Dirk Poeschel of Poeschel Land Development Services, Inc., on behalf of the Second Church of Christ, Scientist, and pertains to 1.58± acres of an overall 2.96-acre site located on the northeast corner of West Shaw and North College Avenues. Rezone Application No. R-14-007 proposes to amend the Official Zone Map to reclassify the southernmost 1.58± acres of the subject property from the R-1 (Single Family Residential) zone district to the C-P (Administrative and Professional Offices) zone district. The southernmost 1.58± acre portion of the property is planned for office uses, and the requested rezone would be consistent with the General Plan land use designation. The northern portion of the property is not part of this rezone application.
Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the FMC the proposed C-P (Administrative and Professional Offices) zone district is consistent with the Commercial office planned land use designation for the subject property.
The subject property is bounded on the north by low rise multifamily residential uses, to the west by low rise multifamily and commercial office uses (Fresno County), to the south by commercial office (Fresno County), and to the east by low rise multifamily and commercial office uses.
Land Use Plans and Policies
2025 Fresno General Plan
The following policy contained within the 2025 Fresno General Plan will be applied to any future land use applications submitted for the site and will ensure that the future development will not be detrimental to the surrounding community.
Policy C-12-a: Ensure all commercial land uses are developed and maintained in a manner complimentary to and compatible with adjacent residential land uses, to minimize interface problems with the surrounding environment and to be compatible with public facilities and services.
For over the last 25 years the existing property has been used for a church and related facilities. In addition, the surrounding land uses are consistent with the current zoning and planned land use designations. Approval of this rezone application will allow the property to become consistent with the 2025 General Plan planned land use designation of office commercial. The applicant has not indicated that there are any future expansion plans for the subject property.
Planning Commission
The Fresno City Planning Commission considered Rezone Application No. R-14-007, and related environmental assessment at its regular meeting held on August 6, 2014. After a full and complete hearing, the Planning Commission resolved, by a vote of 5-0-1, to recommend approval to the City Council of Rezone Application No. R-14-007 and the related environmental assessment.
ENVIRONMENTAL FINDING
On July 12, 2014, staff determined this project to be categorically exempt under Sections 15301/Class 1 and 15332/Class 32 of the State of California CEQA Guidelines.
Section 15301/Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project will rezone the southernmost portion of the property planned for commercial office uses to be consistent with the general plan land use designation. The project does not propose an expansion of existing use. The site is completely developed with structures, parking, sidewalks and extensive landscaping. The site is served by community sewer, water and storm drain services. The applicant contemplates no physical change to the site.
Section 15332/Class 32: The rezone application is consistent with the general, community, and planned land use designation of Commercial Office and conforms to all applicable policies. The site area is less than five acres, is completely surrounded by urban uses, and does not contain any significant value as habitat for endangered, rare, or threatened species. The proposed project is consistent with the exemption because the project is requesting authorization to rezone a 1.58 acre portion of the 2.96 acre site to bring the site zoning into conformity with the adopted general plan. A church and related facility are allowed as a by-right use in the C-P zone district. The subject site is adequately served by all required utilities and public services. No adverse environmental impacts would occur as a result of the proposed project.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference was not considered because this rezone does not include a bid or award of a construction or services 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/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer 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: Vicinity Map
Aerial Photograph
Public Hearing Notice Mailing List Vicinity Map
Proposed Zone District Map
Environmental Assessment No. R-14-007
Planning Commission Resolution Nos. 13298 (EA & Rezone)
City Council Ordinance Bill for Rezone Application No. R-14-007