REPORT TO THE PLANNING COMMISSION
July 17, 2024
FROM: ISRAEL TREJO, Planning Manager
Planning & Development Department
THROUGH: CHRIS LANG, Supervising Planner
Planning & Development Department
BY: SAUL PEREZ, Planner II
Planning & Development Department
SUBJECT
Title
Consideration of Conditional Use Permit Application No. P23-03676 and related Environmental Assessment No. P23-03676 pertaining to approximately 0.75 acres of property at 1261 North Ninth Street, located on the west side of North Ninth Street, between East Olive Avenue and East Floradora Avenue.
1. ADOPT Environmental Assessment No. P23-03676 dated June 10, 2024, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332/Class 32 (Infill Development) of CEQA Guidelines.
2. APPROVE Conditional Use Permit Application No. P23-03676 which requests authorization to construct a new eight-unit apartment building on a site with an existing single-family residence, subject to compliance with the Conditions of Approval dated July 17, 2024.
Body
EXECUTIVE SUMMARY
Nicholas Crawford of Crawford Architecture has filed Conditional Use Permit Application No. P23-03676 pertaining to approximately 0.75 acres of property located on the west side of North Ninth Street, between East Olive and East Floradora Avenues. Conditional Use Permit Application No. P23-03676 proposes to construct a new eight-unit apartment building on a property with an existing single-family residence. The subject property is located within the boundaries of the Fresno General Plan and the Roosevelt Community Plan.
The subject site is zoned as RM-1 (Residential Multi-Family, Medium High Density) and RS-5 (Residential Single Family, Medium Density). Multi-Unit Residential is permitted in the RS-5 (Single Family Residential, Medium Density) zone district subject to an approved Conditional Use Permit. Pursuant to Section 15-906-B of the Fresno Municipal Code (FMC), when Multi-Family Residential is 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. The project is conditioned to comply with the RM-1 zone district development standards (as detailed below).
BACKGROUND/ANALYSIS
The subject property is currently developed with an existing single-family home, which will remain. The property is surrounded by multi-family residential apartments to the north and south, vacant land to the west, and a middle school to the east.
The proposed apartment building will consist of eight (8) two-bedroom dwelling units. The subject property proposes 15 parking spaces (nine covered and six uncovered). Pursuant to Section 15-2016.B.2, the project is conditioned to provide a trash enclosure on the property.
Vehicular access to the site is provided from an existing drive approach along North Ninth Avenue.
Housing Accountability Act (Senate Bill (SB) 167)
The Housing Accountability Act (HAA) 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.
Density
The project proposes a new eight-unit apartment building on a property with an existing single-family home. The subject property is split zoned RS-5 and RM-1, with a site area of 0.75 acres. Per FMC Section 15-906, Multi-Unit Residential uses in the RS-5 district have an allowable density range of 5 to 12 dwelling units per acre. As proposed, the nine units, with the single-family residence included, would result in a density of 12 dwelling units per acre and would therefore be consistent with the maximum density requirements of FMC Section 15-906-D.1.b.
Fresno Municipal Code
Pursuant to FMC Section 15-906-D, the property development standards of the RM-1 (Multi-Family Residential, Medium High Density) zone district shall apply to the underlying RS-5 (Single Family Residential, Medium Density) zone district.
Setbacks
The setback requirements are as follows:
• Front setback: Per FMC Sec. 15-906-D.2, where adjacent sites have been improved with buildings, the front setback for new structures shall match the front setbacks of those buildings as determined by the Review Authority. Since the site is already developed with a single-family residence and the new apartment building is located behind the existing structure, the minimum/maximum front setback requirements are not applicable.
• Interior side setback: For the RM-1 zone district, the minimum interior side setback is 10’ total with at least 4’ on each side. The site plan depicts the interior side setbacks at 16’ and 20’, providing consistency with FMC Sec. 15-1003.
• Rear yard setback: The minimum rear setback for the RM-1 zone district is 20’. The site plan depicts the rear yard setback at 21’4”, providing consistency with FMC Sec. 15-1003.
Lot Coverage
The maximum lot coverage for the RM-1 zone district is 50%. The proposed lot coverage for the project is approximately 27%, providing consistency with the maximum lot coverage of the RM-1 zone district.
Open Space
The minimum open space requirement for the RM-1 zone district is 20%. Pursuant to FMC Sec 15-1004.D.2.a, the project is eligible for a 25% open space reduction due to its proximity to the Bus Route 35 station on Olive Avenue (0.06 Miles). The proposed open space is provided through both private and common open space areas. As proposed, approximately 12% of the site is counted towards open space which does not comply with the FMC requirement of 20% minimum open space in the RM-1 zone district. The project is conditioned to comply with this requirement.
Landscaping
A 10-foot landscape buffer is provided along the interior property lines and a 20-foot landscape buffer is provided along the rear property line. The surface parking spaces will be screened by landscaping.
Parking
The project proposed eight two bedroom-units, in addition to the existing single-family home. For the new apartments, FMC SEC. 15-2409 requires a total of eight covered parking spaces and four additional uncovered guest parking spaces. One additional parking space is provided for the existing single-family residence. The proposed site plan depicts 16 total parking spaces (nine covered and seven uncovered), providing compliance with the minimum parking space requirements.
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 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 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 new water services and meters if the existing water services and meters at the property are not adequate and/or operational.
Fresno Metropolitan Flood Control District
The Fresno Metropolitan Flood Control District (FMFCD) memorandum dated May 8, 2024 states that conveyance of storm water should be directed towards North Ninth Street. The grading plan for the site requires review by FMFCD prior to final development. This is required prior to issuance of permits.
Fresno 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 coordination within the Fresno City limit, 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. P23-03676. Given the conditions of approval, the project will comply with all zoning requirements as incorporated into the conditions of approval dated July 17, 2024 (Exhibit H).
Public Notice and Input
Neighborhood Meeting
Prior to project acceptance, the applicant and property owner held a neighborhood meeting at Yosemite Middle School on December 14, 2023, and noticed property owners within 500 feet of the subject property pursuant to Section 15-5006-E of the FMC. Signs were posted at the school on the night of the meeting as well.
The applicant and property owner prepared an overview of the project, including exhibits of the proposed development. One resident from the neighborhood attended the meeting, and they did not express opposition to the project (Exhibit G).
Council District Project Review Committee
The subject property is located in Council District 7, which does not have an active Project Review Committee.
Notice of Planning Commission Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices for the July 17, 2024, Planning Commission Hearing to surrounding property owners within 1000 feet of the subject property on July 5, 2024 (Exhibit F).
LAND USE PLANS AND POLICIES
The Fresno General Plan designates the subject property for Medium Density Residential and Medium High Density Residential planned land uses and provides objectives to guide in the development of this project. Medium Density Residential covers developments of 5 to 12 units per acre and is intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhouses. The proposed project consists of adding a new 8-unit apartment building to a property with an existing single-family home, which is the intent of the Fresno General Plan for this property. Objectives and policies within the Fresno General Plan support diverse housing types and efficient and equitable use of resources. Some of those objectives and policies are outlined below:
• Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
§ Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
§ Policy UF-1-d: Range of Housing Types. Provide for diversity and variation of building types, densities, and scales 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.
§ Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed-use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts.
• 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.
• 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.
• Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
§ Policy LU-5-c: Medium Density Residential Uses. Promote medium density residential uses to maximize efficient use of residential property through a wide range of densities.
The proposed project would allow development on underutilized property within the City of Fresno. The project promotes multi-family residential development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development. Infill development conserves resources and takes advantage of existing infrastructure. Furthermore, the proposed multi-family development promotes a city of healthy communities and will enhance the overall character of the neighborhood by providing multi-family residential development that is compatible with the surrounding established neighborhood.
Roosevelt Community Plan
The subject property is designated for Medium Density Residential and Medium High Density Residential planned uses by the Roosevelt Community Plan. Upon reviewing the policies contained in the Plan staff have 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 FINDINGS
The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Section 15332/Class 32 was made and Environmental Assessment No. P23-03676 was completed for this project on June 10, 2024 (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 the Roosevelt 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. Upon consideration of this evaluation, it can be concluded that Conditional Use Permit Application No. P23-03676 is appropriate for the subject property.
ATTACHMENTS:
Exhibit A - Project Exhibits (Site Plan, Floor Plan, & Elevations) [03/07/2024]
Exhibit B - Operational Statement [03/07/2024]
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 Minutes
Exhibit H - Conditions of Approval for Conditional Use Permit Application No. P23-03676 [07/17/2024]
Exhibit I - Comments & Requirements from Responsible Agencies
Exhibit J - Environmental Assessment No. P23-03676 [06/10/2024]