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File #: ID16-1477    Version: 1 Name:
Type: Action Item Status: Passed
File created: 12/1/2016 In control: City Council
On agenda: 12/15/2016 Final action: 12/15/2016
Title: HEARING to Consider Rezone Application No. R-16-014, Vesting Tentative Tract Map No. 6130/UGM, Conditional Use Permit Application No. C-16-052 and related Environmental Assessment No. T-6130/C-16-052, (Council District 5) - Development and Resource Management Department. a. ADOPT the Finding of Conformity to the Fresno General Plan Master Environmental Impact Report (MEIR #2012111015) as prepared for Environmental Assessment No. T-6130/C-16-052, dated September 2, 2016. b. BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-014 to amend the Official Zone Map to rezone approximately 13.78 acres from the RS-5/UGM (Single Family Residential Zone District/Urban Growth Management) zone district to the RS-5/PD/UGM (Single Family Residential District/Planned Development/Urban Growth Management) zone district. c. APPROVE Conditional Use Permit No. C-16-052 subject to compliance with the Conditions of Approval dated November 2, 2016, and as recommended by the Planning...
Sponsors: Planning and Development Department
Attachments: 1. Exhibits A - L.pdf

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-16-014, Vesting Tentative Tract Map No. 6130/UGM, Conditional Use Permit Application No. C-16-052 and related Environmental Assessment No. T-6130/C-16-052, (Council District 5) - Development and Resource Management Department.

a.                     ADOPT the Finding of Conformity to the Fresno General Plan Master Environmental Impact Report (MEIR #2012111015) as prepared for Environmental Assessment No. T-6130/C-16-052, dated September 2, 2016.

b.                     BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-014 to amend the Official Zone Map to rezone approximately 13.78 acres from the RS-5/UGM (Single Family Residential Zone District/Urban Growth Management) zone district to the RS-5/PD/UGM (Single Family Residential District/Planned Development/Urban Growth Management) zone district.

c.                     APPROVE Conditional Use Permit No. C-16-052 subject to compliance with the Conditions of Approval dated November 2, 2016, and as recommended by the Planning Commission.

d.                     APPROVE Vesting Tentative Tract Map No. T-6130/UGM subject to compliance with the Conditions of Approval dated November 2, 2016, and as recommended by the Planning Commission.

Body

RECOMMENDATIONS

 

Staff recommends that the City Council take the following actions:

 

1.                     Adopt the Finding of Conformity to the Fresno General Plan Master Environmental Impact Report (MEIR #2012111015) as prepared for Environmental Assessment No. T-6130/C-16-052, dated September 2, 2016.

 

2.                     ADOPT BILL approving Rezone Application No. R-16-014 to amend the Official Zone Map to rezone approximately 13.78 acres from the RS-5/UGM (Single Family Residential Zone District/Urban Growth Management) zone district to the RS-5/PD/UGM (Single Family Residential District/Planned Development/Urban Growth Management) zone district.

 

3.                     APPROVE Conditional Use Permit No. C-16-052 subject to compliance with the Conditions of Approval dated November 2, 2016, and as recommended by the Planning Commission.

 

4.                     APPROVE Vesting Tentative Tract Map No. T-6130/UGM subject to compliance with the Conditions of Approval dated November 2, 2016 and as recommended by the Planning Commission.

 

EXECUTIVE SUMMARY

 

Gary Giannetta, on behalf of Bonadelle Neighborhoods, has filed Rezone Application No. R-16-014, Vesting Tentative Tract Map No. 6130/UGM and Conditional Use Permit No. C-16-052, pertaining to approximately 13.78 acres of property located on the southeast corner of North Fowler and East Grant Avenues.  Rezone Application No. R-16-014 is a proposal to rezone the subject property from the RS-5/UGM (Single Family Residential Zone District/Urban Growth Management) zone district to the RS-5/PD/UGM (Single Family Residential District/Planned Development/Urban Growth Management) zone district.  Vesting Tentative Tract Map No. 6130/UGM is a proposal to subdivide the property into a 158 lot single-family residential planned development subdivision.  Conditional Use Permit No. C-16-052 proposes a gated development with private streets and modified property development standards.  The subject property is located within the Fresno General Plan and the Roosevelt Community Plan, both plans designate the subject site for Medium Density Residential (5.00 to 12.00 dwelling units per acre) planned land uses.  Vesting Tentative Tract Map No. 6130/UGM proposes a 158 lot single-family residential subdivision on approximately 13.78 acres at a density of 11.46 dwelling units per acre.  Thus, the subject applications are consistent with the planned land use and zoning approved for the project site and will implement the goals, objectives, and policies of the Roosevelt Community Plan and the Fresno General Plan.

 

BACKGROUND

 

Rezone Application

 

Vesting Tentative Tract Map No. 6130/UGM and Conditional Use Permit No. C-16-052 were initially submitted without Rezone Application No. R-16-014.  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) designation to the existing zone designation.  No changes to the project site 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-16-052.  Pursuant to Chapter 15, Article 59 of the FMC, a CUP is required in order to create a planned development.

 

 

The applicant is proposing a product which will feature two and three story houses.  The two story houses will measure 26’ in height while the three story houses will measure 32.5’.  Both heights are within the 35’ maximum in the RS-5 zone district. 

 

The proposed planned development will also feature an open space area consisting of a swimming pool, cabanas, showers and lounge area.

 

As part of the CUP, an applicant may request a modification of development standards.  Conditional Use Permit No. C-16-052 proposes modified property development standards, including reduced lot sizes and/or setbacks. 

 

Reduced Lot Size

 

The smallest proposed lots measure 36’ x 60’ and contain 2,160 sq. ft. The standard minimum lot size in the RS-5 (Single-Family Residential) zone district is 4000 sq. ft.

 

Reduced Front, Rear and Side Yard Setbacks

 

The applicant is proposing 5’ front yard setbacks.  The standard minimum front yard setback in the RS-5 (Single-Family Residential) zone district is 13’. 

 

The applicant is proposing 8’ rear yard setbacks. The standard minimum rear yard setback in the RS-5 (Single-Family Residential) zone district is 10’.

 

The applicant is proposing 3’ interior side yard setbacks which meet the minimum requirement.  The applicant is proposing 5’ street yard setbacks, the standard minimum is 10’.

 

It is noted that all of the proposed lots, adjacent to the existing single family residential development to the south of the site (lots 1-25), are not proposing a reduction of the rear yard setback.  Rather, the applicant is proposing a 20’ setback to living space at this location due to the possibility of 3 story houses being constructed at this location. The standard setback is 10’.

 

Additionally, the lots abutting the light industrial zoned property to the east will have a minimum 10’ setback to living space.  The standard for side yards is 3’ and rear yards is 10’.

 

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 Services

Sewer

 

The City of Fresno currently does not own capacity in the Fowler Avenue Trunk Sewer line north of Tulare Avenue; however, the City has negotiated a temporary exchange and interim use of capacity owned by the City of Clovis in the Fowler Avenue Trunk Sewer.  This exchange of capacity is conditioned upon Fresno replacing Clovis’ capacity with capacity in future facilities agreeable to Clovis and at a cost yet to be determined.  Sewer facilities are available to the site subject to the conditions listed in the memoranda dated October 21, 2016. 

 

Water

 

The nearest water mains to serve the proposed project are a 12-inch main located in North Fowler Avenue and a 12-inch main located in East Grant Avenue.  Water facilities are available to provide service to the site subject to implementation of the Fresno General Plan policies and the mitigation measures of the related Master Environmental Impact Report and subject to the conditions listed in the memoranda dated July 25, 2016. 

 

FMFCD

 

The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project will have 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 22, 2016.

 

 

Streets and Access Points

The Fresno General Plan designates North Fowler Avenue as an arterial street while East Grant Avenue is designated as a local street.  The developer of this project will be required to construct improvements along the major and local street frontages.  Direct vehicular access will be relinquished along the major street frontage.

                     

The proposed project is located within Traffic Impact Zone III, pursuant to Figure MT-4 of the Fresno General Plan.  In accordance with Fresno General Plan Policy MT-2-I, a Traffic Impact Study (TIS) was prepared by JLB Traffic Engineering Group, Inc. dated June 16, 2016, to assess the impacts of the new development on existing and planned streets.  This assessment evaluated the impacts of the project by analyzing two intersections in the vicinity of the project during the AM and PM peak hours.

 

The TIS evaluated the impacts of the project by analyzing two (2) intersections in the vicinity of the site during the AM and PM peak hours, namely the intersections of Fowler & Belmont and Armstrong & Belmont Avenues.  The intersection of Fowler & Belmont is currently signalized and no improvements are required at this time.  The intersection of Armstrong & Belmont Avenues is not signalized at this time.  The addition of the number of vehicle trips generated by the proposed project to this study intersection are not considered to be significant and do not warrant signalization of the intersection with the completion of the proposed project. 

 

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 September 27, 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.  

 

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 5 Plan Implementation Committee recommended approval of the project on August 8, 2016, by a vote of 4 to 0.

 

Fresno City Planning Commission Action

 

Rezone Application No. R-16-014, Vesting Tentative Tract Map No. 6130/UGM and Conditional Use Permit No. C-16-052, were considered by the Fresno City Planning Commission at its meeting on November 2, 2016.  Two people discussed their concerns with the project, including: sidewalks on one side of the street within the project, three story houses proposed along the south property line, no left-turn pocket into the subdivision, and adjacency to the light industrial property to the east of the subject site.

 

 

 

After a complete hearing, the Commission voted unanimously to recommend the City Council approve the proposed applications.  Vesting Tentative Tract No. 6130/UGM and Conditional Use Permit No. C-16-052 were approved by the Planning Commission, subject to the following additional requirements:  No three story houses are permitted along the south property line of the proposed subdivision (proposed lots 1-26).  A southbound left turn pocket with a storage capacity of 150 feet shall be built on the north leg of the intersection of Fowler and McKenzie Avenues.

 

Staff is recommending the City Council approve the proposed applications in accordance with the conditions included within this report and as recommended by the Planning Commission.

 

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-16-052 proposes modified property development standards, including reduced lot sizes and setbacks.  Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated November 2, 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 Density Residential and the Roosevelt Community Plan. 

 

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 one major street (North Fowler 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 planned development gives the home buyer the option of purchasing a mainstream type of home with less annual expense on yard maintenance and water consumption.  Multiple exterior elevations with various architectural styles will be a standard option for home buyers.  All required infrastructure improvements will be constructed by the project applicant.  Pedestrian connectivity is provided with this project and includes a recreation center for the residents.  A pedestrian gate on Grant Avenue will allow access to residents that work in adjacent business park to walk to work.  A pedestrian paseo is proposed in the southeast corner of the subject tract to provide connectivity to the future phase.  The planned development helps provide for a larger mix of housing, home sizes, home types with varying yard size to insure a more affordable community that appeals to a wider variety of home buyer needs.  The project is similar to existing developments in the area.  The lot layout proposes curvilinear streets which enhance value to the project by promoting pedestrian walkways throughout the project.  The product featured is new product being designed by Bassenian-Lagoni out of Newport Beach, CA, including two and three story houses.  The product will maximize natural light through expansive windows and is at the forefront of the home industry in terms of urban product design trends.  The community will be gated, which will help maintain community value.  The community will have an Homeowners Association that will enforce design guidelines and ensure the general maintenance of the neighborhood.

 

Conditional Use Permit Application Findings

Conditional Use Permit No. C-16-052 proposes modified property development standards, including reduced lot sizes and/or setbacks.  Based upon analysis of the conditional use permit application and subject to the applicant’s compliance with the Conditions of Approval dated November 2, 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-16-052 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 Density Residential and the Roosevelt Community Plan.

 

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 Density Residential and the Roosevelt Community Plan.

 

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 25, 2016.  Additionally, the application is proposing less than 500 lots.

 

4.                     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.

 

5.                     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 Roosevelt Community Plan, because the plans designate the site for medium 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.

 

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.

 

The subject property is proposed to be developed at intensity and scale that is permitted by the Medium Density Residential (5.00 to 12.00 dwelling units per acre) planned land use designation for the subject site.  Thus, the subdivision of the subject property in accordance with the Vesting Tentative Tract Map No. 6130/UGM and Conditional Use Permit No. C-16-052 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 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 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 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 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.

                     

Therefore, the project proposal has been determined to be within the scope of the MEIR 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 2, 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-6130/C-16-052 dated September 2, 2016, which states that Rezone Application No. R-16-014, 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. 6130/UGM dated September 20, 2016

                     Exhibit A-1: Site plan dated Site plan dated September 20, 2016

                     Exhibit A-2: Entry Plan dated September 20, 2016

                     Exhibit A-3: Floor Plan and Elevations dated September 20, 2016

                     Exhibit A-4: Elevations dated September 20, 2016

                     Exhibit A-5: Open Space Plan dated September 20, 2016

                     Exhibit B: 2015 Aerial Photograph of Site

                     Exhibit C: Public Hearing Notice Mailing List Vicinity Map

Exhibit D: Conditions of Approval for T-6130/UGM dated November 2, 2016

Exhibit E:                     Conditions of Approval for CUP Application No. C-16-052 dated        November 2, 2016

Exhibit F: Comments and Requirements from Responsible Agencies

Exhibit G: Environmental Assessment No. T-6130/C-16-052, Finding of Conformity to the Fresno General Plan MEIR dated September 2, 2016

                     (and Addendum)

Exhibit H: Rezone Findings

Exhibit I:                     Planning Commission Resolution No. 13425 (Rezone Application No. R-16-014).

Exhibit J: Planning Commission Resolution No. 13426 (Vesting Tentative Tract Map No. 6099)

Exhibit K: Planning Commission Resolution No. 13427 (Conditional Use Permit Application No. C-16-052)

Exhibit L: City Council Ordinance Bill for Rezone Application No. R-16-014