REPORT TO THE PLANNING COMMISSION
April 2, 2025
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 Plan Amendment Application No. P23-01117; Rezone Application No. P23-01117; Vesting Tentative Tract Map No. 6441; Planned Development Permit Application No. P23-03735; and related Environmental Assessment No. T-6441/P23-01117/P23-03735 for approximately 3.90 acres of property located on the south side of East Belmont Avenue, between North Armstrong and North Temperance Avenues. (Council District 5) - Planning and Development Department
1. RECOMMEND ADOPTION (to the City Council) of the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6441/P23-01117/P23-03735 dated March 6, 2025, for the proposed project pursuant to Sections 15070 and 15074 of the California Environmental Quality Act (CEQA) Guidelines.
2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. P23-01117 proposing to amend the Fresno General Plan and Roosevelt Community Plan to change the planned land use designation for the subject property from Low Density Residential to Medium Density Residential.
3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P23-01117 proposing to rezone the subject property from the RS-3/UGM (Single-Family Residential, Low Density/Urban Growth Management) zone district to the RS-5/UGM (Single-Family Residential, Medium Density/Urban Growth Management) zone district.
4. RECOMMEND APPROVAL (to the City Council) of Vesting Tentative Tract Map No. 6441 proposing to subdivide approximately 3.90 acres of property into a 30-lot single-family residential development, subject to compliance with the Conditions of Approval dated April 2, 2025.
5. RECOMMEND APPROVAL (to the City Council) of Planned Development Permit Application No. P23-03735 proposing to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in setbacks and lot size, and an increase in lot coverage.
Body
EXECUTIVE SUMMARY
Shin Tu of Precision Civil Engineering, on behalf of Yanhua Wu, has filed Plan Amendment Application No. P23-01117, Rezone Application No. P23-01117, Vesting Tentative Tract Map No. 6441, and Planned Development Permit Application No. P23-03735 pertaining to approximately 3.90 acres of property located on the south side of East Belmont Avenue, between North Armstrong and North Temperance Avenues.
The subject property is located within the boundaries of the Fresno General Plan and Roosevelt Community Plan, and both plans designate the subject property for Low Density Residential (3.5 to 6 dwelling units per acre (du/ac)). The proposed plan amendment would change the planned land use designation from Low Density Residential to Medium Density Residential (5 du/ac to 12 du/ac). Vesting Tentative Tract Map No. 6441 is a proposal to subdivide the property into a 30-lot single-family residential subdivision with public streets. The proposed density of the subdivision is 7.69 du/ac. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property.
BACKGROUND
The subject property is located on the south side of East Belmont Avenue, between North Armstrong and North Temperance Avenues. A single-family residence is located on the subject property and is proposed to be demolished. The proposed subdivision is generally surrounded by single-family residential uses. Immediately adjacent to the north are rural residential uses in the County, to the east is a church, and to the south and west is a recently approved single-family residential subdivision (Tract 6299).
Plan Amendment
The plan amendment proposes to change the planned land use designation for the subject property from Low Density Residential to Medium Density Residential. There is remaining opportunity for low density residential development in the area, as 250 acres of property located north and northeast of the subject property are planned for Low Density Residential uses.
Planned Development
Planned Development Permit Application No. P23-03735 requests authorization to modify the minimum setbacks and lot size requirements, and the maximum lot coverage requirements, as follows:
• Front yard setback (to living façade) from 13 feet to 10 feet
• Street side yard setback 10 feet (not approved for reduction to 5 feet)
• Rear yard setback from 10 feet to 8 feet
• Garage from primary façade setback from 4 feet to 0 feet
• Minimum lot size from 4,000 square feet to 3,236 square feet
• Maximum lot coverage from 60 percent to 80 percent. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Flood Control District
The subject property is proposed to be zoned RS-5 and proposed to be planned for Medium Density Residential uses. The proposed project is required to comply with the development standards within Fresno Municipal Code (FMC) Section 15-903, except for the required modifications through the Planned Development Permit.
Landscaping/Walls/Open Space
The subject property is located within the Roosevelt Community Plan and along an arterial street (East Belmont Avenue) that is on the south side of Belmont and east of Chestnut. Pursuant to Roosevelt Community Plan Policy No. 1-5.8, a minimum 15-foot landscape setback is required for all arterial and collector streets south of Belmont Avenue and east of Chestnut Avenue. Vesting Tentative Tract Map No. 6441 depicts a 10-foot-wide outlot and an additional 10ft landscape area for public landscape purposes along the East Belmont Avenue frontage.
The developer is required to provide street trees on all public street frontages per FMC Section 15-4108. Street trees shall be planted at the minimum rate of one tree for each 40 feet of street frontage or one tree per home (whichever is greater) by the Developer. The developer is required to provide irrigation for all street trees and 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 these services either by a mechanism approved by the Public Works Department or by annexing into the applicable Community Facilities District (“CFD”). Per the Public Works Department memorandum dated July 19, 2023, the site may be required to annex into CFD No. 11. The public improvements eligible for service by the CFD include landscaping, irrigation, outlots for open space, curbs, gutters, and sidewalks.
Pursuant to Section 12-4.705 of the FMC, residential subdivisions with tentative maps containing 50 parcels or less are required to pay in-lieu fees for open space/park facility purposes; no on-site open space is required due to the limited number of proposed lots.
Public Services
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 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 construction of an 8-inch sanitary sewer main (including sewer house branches to adjacent properties) in East Belmont Avenue from the existing 8-inch sewer main in East Belmont Avenue located west of the subject property to the east property line of the subject property, extension of all sewer mains within the proposed tract to provide service to each lot connecting to the required 8-inch sanitary sewer main located in East Belmont Avenue, as well as typical requirements including the construction and extension of sanitary sewer branches within the interior of future proposed tract. The proposed project will also be required to provide payment of sewer connection charges.
For water service, required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract to connect to the existing 12-inch water main located in East Belmont Avenue, providing an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes. Additionally, no water connections shall be allowed to the 72-inch non-potable raw water steel main located in East Belmont Avenue.
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. Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). Drainage from the site shall be directed to East Grant Avenue which connects to the adjacent existing single-family residential subdivision to the west.
Fire Department
The subject property is located within the boundaries of the Fire Station 15 Service Area. Additional Fire service requirements for development include installation of public fire hydrants and the provision of adequate fire flows per Public Works standards, with two sources of water. Internal access to the tract is acceptable, and compliance with the provision of two means of emergency access during construction is required. The project applicant shall comply with the Fresno Fire Department requirements dated July 19, 2023.
Streets and Access Points
The Fresno General Plan designates East Belmont Avenue as an arterial street. The proposed project will take access from East Belmont Avenue via a vehicular public entrance and also take access internally to the existing single-family residential subdivision to the west via a vehicular public entrance (East Grant Avenue).
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 in order to facilitate the future proposed development of the subject property.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated December 23, 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 5 Project Review Committee reviewed the proposed project at its regular meeting on August 14, 2023, and voted to recommend approval of the project, 3 votes to 1 with no additional recommendations of the project.
Airport Land Use Commission
The Airport Land Use Commission (ALUC) reviewed the proposed project at its regular meeting on December 4, 2023, and voted to recommend approval of this project, 7 votes to 0 with no additional recommendations of the project.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1,000 feet of the subject property, pursuant to FMC Section 15-5007 (Exhibit I) and posted in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a.
ENVIRONMENTAL FINDINGS
An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Preparation for 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 Roosevelt Community Plan area. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system.
It has been determined that all applicable mitigation measures of the Project Specific Mitigation Monitoring Checklist have been applied to the project to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects. 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 Guidelines Sections 15070 and 15074.
Based upon the attached environmental assessment and applicable mitigation measures, Staff has determined that there is no evidence in the record that the project may have a significant effect on the environment that cannot be reduced to less than significant with implementation of relevant mitigation measures. As such, Staff has prepared a Mitigated Negative Declaration for this project pursuant to the requirements of CEQA Guidelines Section 15070. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6441/P23-01117/P23-03735 (Exhibit M) was published in the Fresno Bee on March 6, 2025, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, Staff concludes that the required findings contained within Sections 15-3309, 15-5812, and 15-5905 of the FMC can be made. These findings are attached as Exhibit H.
GROUNDS FOR DENIAL OF TENTATIVE MAP
The Subdivision Map Act (SMA) (Gov. 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 pursuant to the Findings (Exhibit H) and Conditions of Approval (Exhibits J and K) 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 Roosevelt 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 (Gov. Code §§ 66410, et seq.) and Staff concludes that the required findings contained within FMC Sections 15-3309, 15-5812 and 15-5905 can be made. Upon consideration of this evaluation, it can be concluded that the proposed project is appropriate for the project site.
ATTACHMENTS:
Exhibit A - Vesting Tentative Tract Map 6441 [6-26-2023]
Exhibit A-1 - Planned Development Site Plan [6-26-2023]
Exhibit B - Operational Statement [6-26-2023]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Proposed Rezone Exhibit
Exhibit G - Proposed Planned Land Use Exhibit
Exhibit H - Fresno Municipal Code Findings
Exhibit I - Public Hearing Notice Radius Map (1,000 feet)
Exhibit J - Conditions of Approval for Vesting Tentative Tract Map 6441 [4-2-2025]
Exhibit K- Conditions of Approval for Planned Development Application. P23-03735 [4-2-2025]
Exhibit L - Comments & Requirements from Responsible Agencies
Exhibit M - Environmental Assessment No. T-6441/P23-01117/P23-03735 [3-6-2025]