REPORT TO THE CITY COUNCIL
December 15, 2016
FROM: JENNIFER K. CLARK, Director
Development and Resource Management Department
THROUGH: MIKE SANCHEZ, Assistant Director
Development Services Division
BONIQUE EMERSON, Planning Manager
Development Services Division
BY: ISRAEL TREJO, Planner
Development Services Division
SUBJECT
Title
HEARING to consider Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099, Conditional Use Permit Application No. C-16-030 and related Environmental Assessment No. T-6099/C-16-030, (Council District 6) - Development and Resource Management Department.
a. ADOPT the Finding of Conformity (and Addendum) to the Fresno General Plan Master Environmental Impact Report (MEIR #2012111015) as prepared for Environmental Assessment No. T-6099/C-16-030, dated September 30, 2016.
b. BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-016 to amend the Official Zone Map to rezone the approximately 11.80 acres subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district.
c. APPROVE Conditional Use Permit No. C-16-030 subject to compliance with the Conditions of Approval dated December 7, 2016.
d. APPROVE Vesting Tentative Tract Map No. T-6099 subject to compliance with the Conditions of Approval dated December 7, 2016.
Body
RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1. Adopt the Finding of Conformity (and Addendum) to the Fresno General Plan Master Environmental Impact Report (MEIR #2012111015) as prepared for Environmental Assessment No. T-6099/C-16-030, dated September 30, 2016.
2. ADOPT BILL approving Rezone Application No. R-16-016 to amend the Official Zone Map to rezone the approximately 11.80 acres subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district.
3. APPROVE Conditional Use Permit No. C-16-030 subject to compliance with the Conditions of Approval dated December 7, 2016.
4. APPROVE Vesting Tentative Tract Map No. T-6099 subject to compliance with the Conditions of Approval dated December 7, 2016.
EXECUTIVE SUMMARY
Gary Giannetta, on behalf of Las Brisas Builders, has filed Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030, pertaining to approximately 11.80 acres of property located on the northwest corner of East Copper and North Cedar Avenues. Rezone Application No. R-16-016 is a proposal to rezone the subject property from the RM-1/CZ (Residential Multi-Family District/Conditions of Zoning) zone district to the RM-1/PD/CZ (Residential Multi-Family District/Planned Development/Conditions of Zoning) zone district. Vesting Tentative Tract Map No. 6099 is a proposal to subdivide the property into a 91 lot single-family residential planned development subdivision. Conditional Use Permit No. C-16-030 proposes a gated development with private streets and modified property development standards. The subject property is located within the Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for Medium High Density Residential (12.00 to 16.00 dwelling units per acre) planned land uses. Vesting Tentative Tract Map No. 6099 proposes a 91 lot single-family residential subdivision on approximately 11.80 acres at a density of 7.71 dwelling units per acre. Pursuant to Conditional Use Permit Application No. C-04-153, the Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.C of the Fresno Municipal Code. Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the Fresno General Plan and the Woodward Park Community Plan.
BACKGROUND
Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 were initially submitted without Rezone Application No. R-16-016. However, pursuant to section 15-5903.D of the Fresno Municipal Code, where a Planned Development (PD) has been approved, the property subject to the PD shall be noted on the zoning map by the designation “PD”. The intent of the proposed rezone is merely a request to add the “PD” (Planned Development) overlay designation to the existing zone designation. No changes to the project will occur with the addition of the “PD” designation.
Conditional Use Permit Application (CUP)
In addition to submitting a vesting tentative tract map, the applicant has submitted Conditional Use Permit Application No. C-16-030. Pursuant to Chapter 15, Article 59 of the FMC, a CUP is required in order to create a planned development.
The proposed planned development will feature an open space area consisting of a swimming pool with shade areas and restroom. As part of the CUP process, an applicant may request a modification of development standards. Conditional Use Permit No. C-16-030 proposes modified property development standards, including reduced setbacks.
Reduced Front, Rear and Side Yard Setbacks
The applicant is proposing 4’ front yard setbacks. The standard minimum front yard setback in the RM-1 (Residential Multi-Family District) zone district is 10’.
The applicant is proposing 10’ rear yard setbacks. The standard minimum rear yard setback in the RM-1 (Residential Multi-Family District) zone district is 20’. (It should be noted, however, that standard setback in the RS-4 and RS-5 districts, which are single-family zone districts, it is 10’).
The applicant is proposing 3’ interior side yard setbacks. The standard minimum side yard setback is 4’ with a total of 10’.
The applicant is proposing 5’ street yard setbacks, the standard minimum is 10’.
There are existing single-family residences to the north of the project site. There will be a private street that separates the existing residences from the proposed development. Staff has also required the applicant to provide a minimum 6’ high block wall and dense trees along the common property line between the two developments.
Land Use Plans and Policies
As proposed, the project would be consistent with the Fresno General Plan goals and objectives related to residential land use and the urban form:
Goal No. 7 of the Fresno General Plan encourages the City to 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.
Goal No. 8 of the Fresno General Plan encourages 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, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance.
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.
Similarly, supporting Objective LU-2 of the General Plan calls 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.
Likewise, 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.
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.
Public Resources
The Public Utilities Department has identified sewer and water requirements for this project. These conditions are listed in the memoranda both dated July 27, 2016. It is noted that a tertiary wastewater treatment facility within the Copper River Ranch project will accommodate the wastewater flow from this project.
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project has permanent drainage service and can be accommodated by the district. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated August 8, 2016.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications 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 August 22, 2016. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (3) 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.
Landscaping/Walls/Open Space
A bicycle/pedestrian trail is designated (and has been constructed) along East Copper Avenue. The proposed planned development will also feature an open space area consisting of a swimming pool with shade areas and restroom. It is noted that a 2.6 acre park, within the Copper River Ranch Community, is located within approximately 0.25 mile from the subject site.
Pedestrian Accessway/Trail
The applicant is proposing to provide three pedestrian access points to connect to the bicycle/pedestrian trail located along East Copper Avenue. The access points will promote walking in and around the neighborhood and provide connectivity to the bicycle/pedestrian trail located along the southern boundary of the tract.
Public Notice and Input
In accordance with Section 15-5007 of the FMC, a notice of public hearing was mailed to surrounding property owners within 1,000 feet of the subject site.
Council District Plan Implementation Committee
The Council District 6 Plan Implementation Committee recommended approval of the project on August 15, 2016, by a vote of 4 to 0.
Fresno City Planning Commission Action
Rezone Application No. R-16-016, Vesting Tentative Tract Map No. 6099, Conditional Use Permit Application No. C-16-030 and related Environmental Assessment No. T-6099/C-16-030, were scheduled to be heard before the Fresno City Planning Commission on December 7, 2016.
Rezone Findings
Based upon analysis of the applications, staff concludes that the required findings of Section 15-5812 of the FMC can be made. These findings are attached as Exhibit H.
Planned Development Findings
Conditional Use Permit No. C-16-030 proposes modified property development standards, including reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated December 7, 2016, staff concludes that the following required findings of Section 15-5905 of the Fresno Municipal Code can be made:
1. The proposed development is consistent with the General Plan, any applicable operative plan, and adopted policies, including the density and intensity limitations that apply; and,
The proposed development is consistent with the General Plan designation of Medium High Density Residential and the Woodward Park Community Plan. The Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.C of the FMC.
2. The subject site is physically suitable for the type and intensity of the land use being proposed; and,
The site is vastly surrounded by residential and urban uses and is developed at an allowable density under the Fresno General Plan.
3. Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of PD approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare; and,
The project will front onto two major streets (East Copper and North Cedar Avenue). The project is not proposed in size or scope which would result in a reduction of public services so as to be a detriment to public health, safety, or welfare.
4. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and,
The staff of the Development and Resource Management Department has determined that the proposed use will not have a substantial adverse effect on surrounding land uses if developed in accordance with the various conditions/requirements established through the related tentative tract map application review and conditional use permit application review process.
5. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, the following factors should be considered: (a) Appropriateness of the use(s) at the proposed location, (b) The mix of uses, housing types, and housing price levels, (c) Provision of infrastructure improvements, (d) Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code, (e) Connectivity to public trails, schools, etc., (f) Compatibility of uses within the development area, (g) Creativity in design and use of land, (h) Quality of design, and adequacy of light and air to the interior spaces of the buildings, (i) Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term.
The subject property is planned and zoned for residential uses. The project will create a transition from the existing larger single-family lots to the north to the higher density multi-family property to the west. The project will provide for high quality single-family residences at a price point not currently offered within Copper River Ranch. The applicant will provide for infrastructure improvements, landscaping and amenities, consistent with what is currently featured at Copper River Ranch. Public improvements will be installed per the requirements of the City of Fresno. The proposed common area open space will include the construction of a pool and shade areas. The applicant is proposing to provide three pedestrian access points to connect to the bicycle/pedestrian trail located along East Copper Avenue. The access points will promote walking in and around the neighborhood and provide connectivity to the bicycle/pedestrian trail located along the southern boundary of the tract. The development will provide infill housing opportunities on a vacant lot that will complement the existing single-family and multi-family home uses within the development area. The design of the project provides accessibility to both private open space features as well as the adjacent bicycle/pedestrian trail. The creativity in this design includes a new product line that allows home ownership within a slightly higher density. The proposed product, with its open floor plans and flexible room spaces is capturing a strong share of the market in East Fresno and is expected to sell well in the proposed location. The homes will be designed with ample use of windows to allow for the dispersion of natural light and air throughout the home. The use of the latest technology in design allows for a green and water-wise neighborhood. This is a high quality project in a Master Planned Community. Each new homeowner will not only participate in the ongoing maintenance of their private property but also in the perpetual maintenance of the open space and recreational features associated with the Copper River Ranch Master Plan.
Conditional Use Permit Application Findings
Conditional Use Permit No. C-16-030 proposes modified property development standards, including reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated December 7, 2016, staff concludes that the following required findings of Section 15-5306 of the Fresno Municipal Code can be made:
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and,
Conditional Use Permit Application No. C-16-030 will comply with all applicable codes, including, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met.
2. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and,
The proposed development is consistent with the General Plan designation of Medium High Density Residential and the Woodward Park Community Plan. The Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.C of the FMC.
3. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements, and;
The Development and Resource Management Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related tentative tract map application review and conditional use permit application review process.
4. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity, and;
The site is vastly surrounded by residential and urban uses and is developed at an allowable density under the Fresno General Plan.
5. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required.
The site is vastly surrounded by residential uses and is developed at an allowable density under the Fresno General Plan; and the project must comply with applicable codes, including, landscaping, walls, etc., and conditions from other City Departments and outside agencies.
Vesting Tentative Tract Map Findings pursuant to the FMC
Section 15-3309 of the FMC states that the Review Authority may approve or conditionally approve a Tentative Map if it makes all of the following findings:
1. Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable operative plan, adopted policies or guidelines, and the Municipal Code.
The proposed development is consistent with the General Plan designation of Medium High Density Residential and the Woodward Park Community Plan. The Copper River Ranch Planned Community was approved with blended densities, that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed project can be found consistent with the medium high density residential planned land use designation for the subject property pursuant to Section 15-310.C of the FMC.
2. Passive and Natural Heating and Cooling. A subdivision for which a Tentative Map is required shall provide pursuant to the Map Act (Section 66473.1), to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
As proposed, the proposed subdivision will provide for future passive or natural heating or cooling opportunities.
3. Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with the Map Act (Section 66473.7).
Water facilities are available to provide service to the site subject to the conditions listed in the memoranda dated July 27, 2016. Additionally, the application is proposing less than 500 lots.
1. Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision. In cases where existing infrastructure is found to be deficient, plans shall show how sufficient capacity will be provided.
The project was routed to the appropriate agencies and it was determined that there is sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision.
2. Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City of Fresno Floodplain Management Ordinance and the State of California Code of Regulations Title 23, as well as any other applicable State or federal law.
The project is not located within a flood prone area.
Vesting Tentative Tract Map Findings
The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below).
State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below).
1. The proposed subdivision map, together with its design and improvements, is consistent with the City's General Plan and the Woodward Park Community Plan, because the plans designate the site for medium high density residential planned land uses and the project design meets the density and zoning ordinance criteria for development pursuant to Section 66474.2 of the Subdivision Map Act and 15-310.C of the FMC.
2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno.
3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards.
5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots.
ENVIRONMENTAL FINDINGS
The Development and Resource Management Department staff has prepared an Initial Study (See Attached “Appendix G to Analyze Subsequent Project Identified in MEIR No. SCH No.2012111015/Initial Study”) to evaluate the proposed application in accordance with the land use and environmental policies and provisions of the lead agency City of Fresno General Plan and the related Master Environmental Impact Report (MEIR) SCH No. 2012111015 and the Program EIR No. 10126 (SCH # 2000021003) related to the Copper River Ranch Project.
The subject property is proposed to be developed at intensity and scale that is permitted by the Medium High Density Residential (12.00 to 16.00 dwelling units per acre) planned land use designation for the subject site. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Thus, the subdivision of the subject property in accordance with the Vesting Tentative Tract Map No. 6099 and Conditional Use Permit No. C-16-030 will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of the MEIR and the Program EIR No. 10126 related to the Copper River Ranch Project have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR and Program EIR No. 10126 as provided by CEQA Guidelines Section 15177(b)(3).
Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in the MEIR, pursuant to the Fresno General Plan land use designation, include impacts associated with the Medium High Density Residential planned land use designation specified for the subject property. Based on the initial study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in the MEIR because its land use designation and permissible densities and intensities are allowed as set forth in the Fresno General Plan; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or the Program EIR No. 10126 related to the Copper River Ranch Project for the reasons discussed within the environmental assessment for the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or the Program EIR No. 10126 related to the Copper River Ranch Project.
Therefore, the project proposal has been determined to be within the scope of the MEIR and Program EIR as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR SCH No. 2012111015 dated September 30, 2016. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified; and, that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available.
Finally, the Development and Resource Management Department proposes to have adopted an addendum to Environmental Assessment No. T-6099/C-16-030 dated September 30, 2016, which states that Rezone Application No. R-16-016, merely a request to add the “PD” (Planned Development) designation to the existing zone designation, has been adequately addressed through the subject environmental document.
LOCAL PREFERENCE
Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant 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: Exhibit A: Vesting Tentative Tract Map No. 6099 dated September 12, 2016
Exhibit A-1: Site plan dated September 12, 2016
Exhibit A-2: Entry Plan/Typical Lot Plan dated September 12, 2016
Exhibit A-3: Elevations dated September 12, 2016
Exhibit B: 2015 Aerial Photograph of Site
Exhibit C: Public Hearing Notice Mailing List Vicinity Map
Exhibit D: Conditions of Approval for T-6099 dated December 7, 2016
Exhibit E: Conditions of Approval for CUP Application No. C-16-030 dated December 7, 2016
Exhibit F: Comments and Requirements from Responsible Agencies
Exhibit G: Environmental Assessment No. T-6099/C-16-030, Finding of Conformity to the Fresno General Plan MEIR dated September 30, 2016
(and Addendum)
Exhibit H: Rezone Findings
Exhibit I: City Council Ordinance Bill for Rezone Application No. R-16-016