REPORT TO THE PLANNING COMMISSION
October 7, 2020
FROM: DAN ZACK, Assistant Director
Development Services Division
THROUGH: ISRAEL TREJO, Supervising Planner
Development Services Division
BY: ROB HOLT, Planner III
Development Services Division
SUBJECT
Title
Consideration of Vesting Tentative Tract Map No. 6183, Vesting Tentative Tract Map No. 6184, and related Environmental Assessment No. T-6183/T-6184 pertaining to ±21.53 total acres of property located on the northeast and northwest corners of West Madison and South Valentine Avenues (Council District 3).
1. ADOPT Environmental Assessment No. T-6183/T-6184, dated June 26, 2020, a Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA).
2. APPROVE Vesting Tentative Tract Map No. 6183, proposing to subdivide ±17.76 acres of property into a 66-lot single-family residential development in two phases, subject to compliance with the Conditions of Approval dated October 7, 2020.
3. APPROVE Vesting Tentative Tract Map No. 6184, proposing to subdivide ±3.77 acres of property into an 18-lot single-family residential development subject to compliance with the Conditions of Approval dated October 7, 2020.
Body
EXECUTIVE SUMMARY
Bonique Emerson of Precision Civil Engineering, on behalf of Fagundes Brothers, has filed Vesting Tentative Tract Map No. 6183 and Vesting Tentative Tract Map No. 6184 pertaining to ±21.53 total acres of property located on the northeast and northwest corners of West Madison and South Valentine Avenues. Vesting Tentative Tract Map No. 6183 proposes to subdivide ±17.76 acres of property into a 66-lot single-family residential development in two phases at a density of 3.72 dwelling units per acre. Vesting Tentative Tract Map No. 6184 proposes to subdivide ±3.77 acres of property into an 18-lot single-family residential development at a density of 4.77 dwelling units per acre. The subject properties are located within the boundaries of the Fresno General Plan and those properties located on the northeast corner of the intersection of Valentine and Madison Avenues are located within the boundaries of the Southwest Fresno Specific Plan; both plans designate the subject properties for Medium Low Density Residential planned land uses (3.5 to 6 dwelling units per acre). Based upon the submitted subdivision designs, the proposed subdivisions can be found consistent with the Medium Low Density Residential planned land uses for the subject properties as designated by both the Fresno General Plan and Southwest Fresno Specific Plan.
BACKGROUND/PROJECT ANALYSIS
The subject property has been primarily utilized for agricultural uses. The site is located within an area that has been significantly developed with rural houses and agricultural land. The majority of the properties directly north, east and west of the subject property are located within the City of Fresno. Property located south of the subject property is located within the unincorporated area of the County of Fresno.
Vesting Tentative Tract Map No. 6183 proposes to subdivide ±17.76 acres of property into a 66-lot single-family residential development in two phases. The single-family residential subdivision will connect to a larger subdivision area to the north.
Vesting Tentative Tract Map No. 6184 proposes to subdivide ±3.77 acres of property into an 18-lot single-family residential development. The single-family residential subdivision will connect to a larger subdivision area to the north.
Oasis Master Plan Area (T-5456, T-5463, T-6183, T-6184)
The project subdivisions are a component of a larger planned area described as “The Oasis Master Plan Area.” Two Development Agreements are anticipated for the project area; one for the Oasis Master Plan Area, and one for the installation of recycled water for public irrigation and landscaping of the Oasis Master Plan Area. The purpose of the Development Agreement for the Oasis Master Plan Area is to vest the land use and zoning policies, and memorialize certain other agreements made between the City and Developer with respect to the Oasis Master Plan Area.
The Oasis Master Plan Area is encompassed within four tract maps bounded generally by West Whites Bridge Avenue at the north, West Madison Avenue at the south, and bisected by South Valentine Avenue.
West of South Valentine Avenue are Vesting Tentative Tract Map Nos. 5463 (T-5463) and 6183 (T-6183). T-5463 was originally approved in 2006 to establish 305 single-family residential lots. Recently, an amendment was submitted to alter the location of street stubs that connect to the adjacent southern tract. T-6183, the project subdivision, is proposing 66 single-family residential lots. This western half of the Oasis Master Plan Area also includes a 1.6 acre community park that will provide various playground equipment, full-size basketball court, barbeque and picnic areas, shaded benches, and landscaped open space for the residents.
East of South Valentine Avenue are Vesting Tentative Tract Map Nos. 5456 (T-5456) and 6184 (T-6184). T-5456 was originally approved in 2006 to establish 210 single-family residential lots. Recently, an amendment was submitted to alter the location of street stubs that connect to the adjacent southern tract. T-6184, the project subdivision, is proposing 18 single-family residential lots. This eastern half of the Oasis Master Plan Area also includes a 0.82 acre community park that will provide various playground equipment, shaded benches, and landscaped open space for the residents.
Landscaping/Walls/Open Space
Given the proposed subdivision is located along major streets, including West Madison and South Valentine Avenues, and within the boundaries of the Southwest Fresno Specific Plan, the development will be required to install landscaping and irrigation within the required 15-foot wide landscape areas along the southern property frontages along West Madison Avenue and required 10-foot wide landscape areas along the eastern (T-6183) and western (T-6184) frontages along South Valentine Avenue. A six-foot high concrete/masonry wall is required to be constructed at the rear of the landscaped areas along the major streets. Major street entryways into the subdivisions will incorporate enhanced 10-foot wide landscaped easements along the street side yards of adjacent lots. Interior end-blocks will incorporate a minimum 5-foot landscape strip in accordance with Section 15-4105-G-2-b of the Fresno Municipal Code.
The developer is required to provide street trees on all public street frontages per Fresno Municipal Code. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per home (whichever is greater) by the Developer. Furthermore, the developer is required to provide irrigation for all street trees. These subdivisions propose utilization of the City of Fresno’s 56-foot wide interior local street standard which will provide for park strips between the curb and sidewalk for the planting of street trees. The design of park strips within subdivisions have become rare in contemporary and conventional subdivisions but are an element commonly seen in older and desirable residential neighborhoods throughout the City of Fresno and which contribute greatly to the aesthetic and walkability of streetscapes.
Additionally, as referenced herein above, an approximate 1.6 acre community park is proposed for the western-half of the Oasis Master Plan Area, which is located within T-5463 and provides for T-6183, and an approximate 0.82 acre community park is proposed for the eastern-half of the Oasis Master Plan Area, which is located within T-5456 and provides for T-6184.
Lot Area, Dimensions, and Setbacks
The proposed lots meet the minimum 5,000 to the maximum 9,000 square foot lot area requirement, and the minimum lot depth (85 feet) and lot width (50 feet) requirements of the property development standards for the RS-4 (Residential Single Family, Medium Low Density) zone district.
It should be noted that there are a fair number of lots throughout both subdivisions that have more than the maximum amount of lot area (9,000 sq. ft.) of the RS-4 zone district. Table 15-903-1 of Section 15-903 of the FMC allows maximum lot sizes to exceed in developments whose overall density does not fall below the approved General Plan density. Below are the densities for both proposed tract maps based on their current lot sizes:
• Vesting Tentative Tract Map No. 6183: 3.72 dwelling units per acre
• Vesting Tentative Tract Map No. 6184: 4.77 dwelling units per acre
The density requirement for Medium Low Density Residential planned land uses in the Fresno General Plan is between 3.5 and 6 dwelling units per acre. Although there are lots in both proposed tract maps exceeding the maximum lot area requirement, both proposed tract maps comply with the density requirements that allow an excess in maximum lot sizes in a proposed development per Table 15-903-1 of the FMC.
This project will comply with the setback requirements of the RS-4 zone district, which are as follows:
• Front: 13 feet to living façade, 18 feet to garage
• Garage to living façade: 4 feet
• Interior sides: 10 feet total, minimum 4 feet per side
• Rear: 10 feet
Land Use Plans and Policies
The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:
• Emphasize conservation, successful adaptation to climate and changing resource conditions, and performance effectiveness in the use of energy, water, land, buildings, natural resources, and fiscal resources required for the long-term sustainability of Fresno.
• 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.
• Develop 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.
• Emphasize and plan for all modes of travel on local and Major Streets in Fresno.
• Resolve existing public infrastructure and service deficiencies make full use of existing infrastructure, and invest in improvements to increase competitiveness and promote economic growth.
• Improve Fresno’s visual image and enhance its form and function through urban design strategies and effective maintenance.
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.
Objective UF-1 emphasizes the opportunity for a diversity of districts, neighborhoods, and housing types.
Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale 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.
Objective UF-14 emphasizes an urban form that facilitates multi-modal connectivity.
Policy UF-14-b emphasizes local roadways to connect throughout neighborhoods and large private developments with adjacent major roadways and pathways of existing adjacent development and the creation of access for pedestrian and bicycles where a local street must dead end or be designed as a cul-de-sac to adjoining uses that provide services, shopping, and connecting pathways for access to the greater community area.
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; and, Implementing Policy LU-5-b promotes medium low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential areas.
Much of Fresno has been built as discrete residential tracts bordered by strip retail centers, many of which are not accessible from the adjacent homes due to security walls or other barriers. By contrast, the Complete Neighborhoods concept will enable Fresnans to live in communities with convenient services, employment, and recreation within walking distance.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self-sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include: Parks and public schools within or near the neighborhood, public plaza/civic space; access to public transit, neighborhood-serving retail and a range of employment opportunities.
Additionally, as referenced herein above, an approximate 1.6 acre community park is proposed for the western-half of the Oasis Master Plan Area which is located within T-5463 and provides for T-6183, and an approximate 0.82 acre community park is proposed for the eastern-half of the Oasis Master Plan Area, which is located within T-5456 and provides for T-6184.
Currently, the nearest public transit option to serve the subject property is Bus Route 28, which is located at the intersection of West Kearney Boulevard and South Crystal Avenue (approximately 1.3 miles away).
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
Fire Department
Based on the conditions received from the Fire Department dated June 26, 2020, the subject tract maps will be served by Fire Station 19, which is located at 3187 West Belmont Avenue (approximately 2.25 miles away).
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 mitigation measures of the related Master Environmental Impact Report; and, the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies.
Based on the conditions from the Department of Public Utilities dated June 17, 2019 and June 19, 2020, construction of utility improvements including water and sewer mains, and connection charges will be required.
Recycled Water
Recycled water is the reuse of treated, wastewater for beneficial purposes, such as agricultural and landscape irrigation. Recycled water is a component of Fresno’s Urban Water Management Plan, the long-range plan to develop a more sustainable water supply for our community. The use of recycled water for non-potable applications allows the City to effectively supply water for parks, schools, and other landscape irrigation uses. Recycled water can play a major role in the successful management of turf grasses in the Fresno area. Since recycled water is produced from municipal wastewater, the large volumes of water needed to maintain adequate turf growth are readily available, even during periods of water shortage or drought. The higher nutrient content of nitrogen, phosphorous and potassium in recycled water is beneficial to turf grasses. In many cases, turf and other landscape plants will be able to obtain from recycled water all the phosphorous and potassium they require, and a large part of their nitrogen requirement. Sufficient micronutrients are also supplied by recycled water.
The applicant proposes to utilize recycled water for only public landscaping and irrigation of the Oasis Master Plan Area. This includes the common open space areas and landscape easements (e.g. pocket parks, landscape buffers, and park strips within the adjacent public street rights-of-way. This will not include private front yards or any portions of the individual lots proposed to be created which comprise private property.
For recycled water service, required infrastructure improvements and facilities include construction of a 16-inch recycled water main in the following locations:
• West Madison Avenue from the west property line of Tract 6183 to the intersection of West Madison and South Valentine Avenues;
• West Madison Avenue from the east property line of Tract 5456 to the intersection of West Madison and South Valentine Avenues;
• South Valentine Avenue from the intersection of West Madison and South Valentine Avenues to the intersection of West Whites Bridge and South Valentine Avenues;
• West Whites Bridge Avenue from the west property line of Tract 5463 to the intersection of West Whites Bridge and South Valentine Avenues.
Construction of all recycled water improvements will be under a separate anticipated Development Agreement specific to recycled water for the Oasis Master Plan Area.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District (FMFCD) memorandum dated July 2, 2020, the subject site is not located within a flood prone or hazard area. The developer will be required to provide improvements which will convey surface drainage to a temporary storage facility (until permanent facilities are available) and will, therefore, not create flooding.
Mobility and Transportation
The Fresno General Plan designates West Madison and South Valentine Avenues as collector streets. The proposed project will be required to dedicate and construct improvements along all major street frontages and on all interior local streets within future subdivisions. Direct vehicular access will be relinquished along all major street frontages of single family residential lots. The subdivision design for Tract 6183 includes a major street entryway to the interior of the subdivision from West Madison Avenue. Interior local streets are proposed to be dedicated in accordance with the City Standard 56-foot right-of-way which will provide for parking and sidewalks on both sides of all streets. Few local streets will not be fully constructed until future adjacent development occurs.
The proposed project is located within Traffic Impact Zone (TIZ) III pursuant to Figure MT-4 of the Fresno General Plan, which generally represents areas near or outside the City Limits, but within the Sphere of Influence (SOI) as of December 31, 2012. The analysis of traffic operations within the MEIR was conducted based on roadway segments representative of the City overall transportation network. Traffic operations on the study roadway segments were measured using a qualitative measure called Level of Service (LOS). LOS is a general measure of traffic operating conditions whereby a letter grade, from “A” (the best) to “F” (the worst), is assigned. These grades represent the perspective of drivers and are an indication of the comfort and convenience associated with driving, as well as speed, travel time, traffic interruptions, and freedom to maneuver.
Policy MT-2-I of the Fresno General Plan requires preparation of a Traffic Impact Study to assess the impacts of new development projects on existing and planned streets for projects in TIZ III when projected vehicle trips from a proposed project generate 100 or more peak-hour new vehicle trips. The proposed project consisting of two subdivisions and development of 84 total single-family residential dwelling units will not generate new peak-hour trips exceeding the City of Fresno threshold. Therefore, a Traffic Impact Study is not required. The proposed project will be developed at a density and intensity planned and previously analyzed by the Fresno General Plan and MEIR.
Council District Project Review Committee
The Council District 3 Project Review Committee reviewed the proposed project at their regular meeting on May 26, 2020 and voted unanimously to recommend approval of the project, 6 votes to 0. The Committee recommended that irrigation of public landscaping utilizes clean water (not recycled water), affordable housing is provided in the master plan area, a density of no more than an average of 4.79 dwelling units per acre, and that the applicant provide community engagement for the project.
The applicant proposes to utilize recycled water consistent with the conditions and requirements of the Public Utilities Department. Affordable housing is not a requirement of the Fresno Municipal Code or Fresno General Plan, and the applicant has not stated whether or not affordable housing will be incorporated within the master plan area. The density for both vesting tentative tract maps are 3.72 and 4.77 dwelling units per acre, which are below 4.79 dwelling units per acre, but comply with the designated Medium Low Density range of between 3.5 and 6 dwelling units per acre. In terms of community engagement, a Neighborhood Meeting is not required for this project according to the Fresno Municipal Code, and a Public Hearing Notice was provided to all property owners within 1,000 feet of the subject properties.
Worthy of note is the fact that beginning in 2017, the owners and developers of these properties began discussing opportunities for a new master planned development with multiple phases to be developed with the District 3 Councilmember elected at that time. The new development would be the first master planned development adjacent to the then recently adopted Southwest Fresno Specific Plan. One of the unique features of the development identified was the use of recycled water to enhance landscaped buffers and greenspaces to create an “Oasis.” On December 13, 2018, the Fresno City Council entered into an Exclusive Negotiating Agreement (ENA) with Fagundes Dairy GP to develop the terms of a Development Agreement for the Oasis Master Planned Residential Development. While now beyond the terms stipulated within the ENA, the project being proposed at this time is consistent with and a continuation of those previous efforts to facilitate the Oasis Master Planned Residential Development.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1000 feet of the subject property, pursuant to Section 15-5007 of the FMC (Exhibit H).
ENVIRONMENTAL FINDINGS
An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Preparation of 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 Southwest Fresno Specific Plan area, including the Fresno General Plan Master Environmental Impact Report (MEIR SCH No. 2012111015). 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.
The proposed project has been determined to be a subsequent project that is not fully within the scope of the MEIR SCH No. 2012111015 as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, the Planning and Development Department proposes to adopt a Mitigated Negative Declaration for the proposed project, which is tiered off the Fresno General Plan Master Environmental Impact Report (MEIR No. 2012111015)
It has been further determined that all applicable mitigation measures of SCH No. 2012111015 have been applied to the project, together with project specific mitigation measures, as necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by SCH No. 2012111015 as provided by CEQA Section 15178(a). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined 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. 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 Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
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 and has prepared a Mitigated Negative Declaration for this project. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6183/T-6184 (Exhibit L) was published in the Fresno Bee on June 26, 2020, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-3309 et seq. of the Fresno Municipal Code. These findings are attached as Exhibit G.
GROUNDS FOR DENIAL OF TENTATIVE MAP
The Subdivision Map Act (California Government 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 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 Southwest Fresno Specific 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 (California Government Code 66400, et seq.) and staff concludes that the required findings contained within Section 15-3309 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed projects are appropriate for the project site.
Attachments:
Exhibit A: Vesting Tentative Tract Map No. 6183 dated April 20, 2020
Exhibit B: Vesting Tentative Tract Map No. 6184 dated April 20, 2020
Exhibit C: Operational Statement
Exhibit D: Aerial Map
Exhibit E: Vicinity Map
Exhibit F: Fresno General Plan Land Use & Zoning Map
Exhibit G: Fresno Municipal Code Findings
Exhibit H: Public Hearing Notice Radius Map
Exhibit I: Conditions of Approval for Vesting Tentative Tract Map No. 6183 dated October 7, 2020
Exhibit J: Comments and Requirements from Responsible Agencies for Vesting Tentative Tract Map No. 6183
Exhibit K: Conditions of Approval for Vesting Tentative Tract Map No. 6184 dated October 7, 2020
Exhibit L: Comments and Requirements from Responsible Agencies for Vesting Tentative Tract Map No. 6184
Exhibit M: Environmental Assessment No. T-6183/T-6184