REPORT TO THE PLANNING COMMISSION
November 17, 2021
FROM: Mike Sanchez, Assistant Director
Planning & Development Department
THROUGH: PHILLIP SIEGRIST, Supervising Planner
Development Services Division
BY: JOSE VALENZUELA, Planner III
Development Services Division
SUBJECT
Title
Consideration of Planned Development Permit Application No. P21-01805, a request to modify applicable development code standards relating to block, street, and alley standards to allow for the vacation of an existing alley for a proposed mixed-use development located at 1510 Van Ness Avenue, on the north side of Stanislaus Street, between Van Ness Avenue and ‘L’ Street in downtown Fresno (Council District 3) - Planning & Development Department.
1. CONSIDER Environmental Assessment No. P21-02255/P21-01805, dated November 17, 2021, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption; and,
2. DENY the applicant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny Planned Development Permit Application No. P21-01805 requesting to modify applicable development code standards relating to block, street, and alley standards to allow for the vacation of a portion of an existing alley for a proposed mix-use development in the downtown planning area.
Body
EXECUTIVE SUMMARY
Planned Development Permit Application No. P21-01805 and related Development Permit Application No. P21-02255 were filed by Sal Gonzalez, of Lance-Kashian & Company, Inc., pertaining to ±1.67 acres of vacant property located at 1510 Van Ness Avenue, on the north side of Stanislaus Street, between Van Ness Avenue and ‘L’ Street in downtown Fresno.
Development Permit Application No. P21-02255
Related Development Permit Application No. P21-02255 was filed for purposes of facilitating physical development of the site with a 53-unit multifamily mixed-use development with approximately ±4,000 square-feet of ground floor retail space and associated amenities. On October 4, 2021, the Planning & Development Department Director approved Development Permit Application No P21-02255, subject to conditions of approval dated October 4, 2021. No appeals pertaining to the Director’s approval of related Development Permit Application No P21-02255 were received.
Planned Development Permit Application No. P21-01805
The subject application being considered, Planned Development Permit Application No. P21-01805, was filed for the purpose of modifying applicable development code standards relating to block, street, and alley standards; specifically, to allow for the vacation of an existing alley that runs perpendicular between Calaveras and Stanislaus Streets. The proposed vacation of the alley would allow for the development of drive aisles and a bark (dog) park within the boundaries of the mixed-use development proposed under related Development Permit Application No. P21-02255.
On October 4, 2021, the Planning & Development Department Director denied the Planned Development Permit Application No. P21-01805 as the proposed vacation is not consistent with design principals and policies outlined in the Fulton Corridor Specific Plan and the required findings for planned development permits under FMC Section 15-5905 cannot be made (Exhibit K, Denial Letter).
The Director’s decision to deny the request was appealed by the applicant on October 15, 2021 (Exhibit L, Appeal Letter). No appeals pertaining to the Director’s approval of related Development Permit Application No P21-02255 were received. Therefore, only the subject planned development permit application is being considered by the Planning Commission.
Staff recommends upholding the Planning & Development Department Director’s denial based on substantial evidence detailed in this staff report that; specific Findings made by the Director in denial of the Planned Development Permit contained in Section 15-5905 remain valid.
BACKGROUND
Planned Development Permit Application No. P21-01805 and related Development Permit Application No. P21-02255 (the Project) propose to construct a 53-unit multi-family, mixed-use development with ±4,174 square feet of retail space. The proposed development will include 53 garages, a community garden, fitness center, small-dog park, and pool. The total square footage devoted to residential purposes is approximately ±56,858 square-feet and will comprise of five multi-story buildings.
Various off-street improvements, including pedestrian access, will occur along “L” Street, Stanislaus Street and Van Ness Avenue. One vehicular drive approach is proposed along “L” Street and another is proposed along East Stanislaus Street at the existing alley way. In addition, the project proposes to vacate the respective portion of the existing alley that runs perpendicular between Calaveras and Stanislaus Streets. The proposed vacation would allow for the development of the private vehicular access drive aisles and a bark (dog) park within the mixed-use development.
The subject property is zoned DTN (Downtown Neighborhood) and has three street frontages (Van Ness Ave, Stanislaus, and L Street). Pursuant to Figure 15-1501 of the FMC, Van Ness Avenue and Stanislaus Streets are classified as Activity Class B Streets and L Street is identified as an Activity Class C Street.
Streets in Activity Class B are walkable urban corridors with moderate pedestrian activity. As put forth in Table 15-1502, retail, restaurant, and entertainment uses are appropriate in these areas, but ground floor residential or office uses are also appropriate. Streets in Activity Class C are walkable and comfortable for pedestrians but are not the most active streets within Downtown. Ground floor residential or office uses are appropriate, but retail uses should be small and restricted to corners.
Pursuant to Table 15-1502 of the FMC, a mixed-use, multi-family residential development is permitted by-right (Development Permit) in the DTN-Activity Class B & C zone district/activity classification and not subject to Specific Limitations of Table 15-1502 or additional regulations of Article 27.
The development is subject to applicable density, intensity, massing, and design standards of the Downtown Districts (Article 15) which ensures that buildings, renovations, and additions are consistent with the goals of the Downtown Neighborhoods Community Plan (DNCP) and the Fulton Corridor Specific Plan (FCSP) for pedestrian-oriented streetscapes, building form, physical character, and quality. In addition, the DTN zone district promotes development of a mixed-use Downtown with a vibrant concentration of goods and services, housing, community gathering spaces, and regionally serving employment, cultural, and entertainment offerings.
Planned Development Permit
In order to facilitate vehicular access from Stanislaus Street, provide on-site vehicular traffic circulation, and provide additional on-site amenities including open space and a dog park, the applicant has proposed to vacate a portion of the existing alley which traverses the subject site. However, the DTN (Downtown Neighborhood) zone district do not allow for the abandonment of alleys within the downtown area. Specifically, per Section 15-1504-L-3 of the FMC, existing streets and alleys shall not be removed or vacated, except for street or alley fragments that no longer connect to adjacent streets or provide access to adjacent properties.
Furthermore, the Design Principles (Section 2.3-5), Development Framework (Section 6.3), Streetscape Enhancement (Section 8.4), and Street Improvement (Section 9.3) Goals and Policies of the Fulton Corridor Specific Plan identify alleys as being an important component of Downtown’s street network through their contribution to a comprehensive transportation, circulation, parking, and service system that improves quality of life for Downtown; and prohibit alley abandonment.
Pursuant to FMC Section 15-5901, approval of a Planned Development Permit is required for projects on infill sites that desire greater flexibility than already provided for in the development code. Therefore, Planned Development Permit Application No. P21-01805 was filed concurrently for purposes of modifying applicable development code standards in accordance with FMC Sections 15-1504-L-3. The requested development standard modifications relate to block, street, and alley standards to allow for the vacation of the existing alley. In order to grant the requested development code modifications, the required findings shall be made in accordance with FMC Section 15-5905.
The Director is unable to make all of the required findings (Exhibit N). On October 14, 2021, the Planning and Development Director denied Planned Development Permit Application No. P21-01805 (Exhibit K, Denial Letter). Additionally, On October 4, 2021, the Planning & Development Department Director approved related Development Permit Application No P21-02255, subject to conditions of approval dated October 4, 2021.
The denial of this special permit application (P21-01805) upholds the citywide development code requirements and the goals and policies of the Fulton Corridor Specific Plan and does not allow the vacation of alleys as part of the related Development Permit P21-02255.
Other Agencies
Due to the Director’s denial of Planned Development Permit Application No. P21-01805, comments and conditions received from the applicable agencies were not included in the conditions of approval for related Development Permit Application No. P21-02255, dated October 4, 2021. See Exhibit P for all written agency comments received.
Should the Planning Commission decide to grant approval of the request to vacate a portion of the existing alley, as proposed, then the conditions of approval for Development Permit Application No. P21-02255, dated October 4, 2021, shall be revised to include the approved alley vacation related to Planned Development Permit Application No. P21-01805. All comments received from the applicable agencies have been incorporated into the draft conditions of approval for Development Permit Application No. P21-02255/ Planned Development Permit Application No. P21-01805 dated November 17, 2021 (See Exhibit P). All comments received from the applicable agencies have been incorporated into the draft conditions
Public Notice and Input
Notice of Intent to Take Action
Pursuant to FMC Section 15-5905-A, the Planning and Development Department mailed a Notice of Intent to Take Action to surrounding property owners within 1,000 feet of the subject site on September 2, 2021, in accordance with FMC Section 15-5007 (Exhibit J). No comments in opposition or letters of concern have been received.
The Director’s decision to deny P21-01805, a request to a request to modify applicable development code standards relating to block, street, and alley standards to allow for the vacation of an existing alley for a proposed mixed-use development, was appealed by the applicant on October 15, 2021 (Exhibit L).
Notice of Planning Commission Hearing
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on November 5, 2021 (Exhibit M). No comments have been received to date.
LAND USE PLANS AND POLICIES
The Fresno General Plan, Downtown Neighborhoods Community Plan, and Fulton Corridor Specific Plan, and Fresno County Airport Land Use Compatibility Plan designate the subject site for Downtown Neighborhood planned land uses and provides objectives to guide in the development of these projects. Downtown Neighborhood is intended to create lively, walkable, mixed-use urban neighborhoods surrounding the Downtown Core. The DTN designation applies to the urban neighborhoods immediately to the north, west, and south of the Downtown Core: The Mural District, Chinatown, and the South Stadium District.
Intended frontage and streetscapes are such streets and sidewalks that are urban and shaped by a variety of frontages, including galleries, arcades, shopfronts, and stoops. Inviting sidewalks support pedestrian and commercial activity. Street trees, planted in tree wells, provide shade, and reinforce the human scale of the DTN’s urban neighborhoods and its mixed-use streets.
Fresno Airport Land Use Compatibility Plan
The proposed project is located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project site is located within the Fresno- Chandler Executive Airport’s (FCEA) Safety Zone 6 - Traffic Pattern Zone. Listed uses such as stadiums and similar uses are prohibited in Traffic Pattern Zone 6. The proposed mixed-use project is not a listed prohibited use. Therefore, the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan. Therefore, the City of Fresno Airports Department anticipates no adverse impacts on Fresno- Chandler Executive Airport as a result of the proposed project and the use is consistent with the Fresno County Airport Land Use Compatibility Plan.
Fresno General Plan
Goal
Emphasize infill development and a revitalized central core area as the primary activity center for Fresno and the region by locating substantial growth near the Downtown core and along the corridors leading to the Downtown. Use vision-based policies in a development code specific to the Downtown, when adopted, to ensure the creation of a unique sense of place in the central core.
Objective
Objectives and policies within the Fresno General Plan support a successful and competitive Downtown and protect, preserve, and enhance historic resources. Some of those objectives and policies are outlined below:
• Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types.
§ Policy UF-1-b: Revitalized Downtown Planning Area. Support adoption of community plans or Specific Plans, Downtown Development Code, programs, and streamlined regulations to support a revitalized Downtown Planning Area as the Primary Activity Center for Fresno and the surrounding region.
• Objective UF-3: Revitalize the Downtown to be the economic and cultural heart of Fresno and the region.
• Objective UF-5: Promote a greater concentration of buildings and people in the Downtown.
• Objective UF-12: Locate roughly one-half of future residential development in infill areas- defined as being within the City on December 31, 2012-including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land.
• Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment.
§ Policy LU-1-a: Promote Development within the Existing City Limits as of December 31, 2012. Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City.
• Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents.
§ Policy LU-2-a: Infill Development and Redevelopment. Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs.
• Objective LU-3: Support the successful fulfillment of plans when adopted for the Downtown Planning Area.
• Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.
• Objective LU-6: Retain and enhance existing commercial areas to strengthen Fresno’s economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors.
§ Policy LU-6-a: Design of Commercial Development. Foster high quality design, diversity, and a mix of amenities in new development with uses through the consideration of guidelines, regulations and design review procedures.
Downtown Neighborhoods Community Plan
Goal
2.2 Revitalize Downtown Fresno to be the economic and cultural heart of the city and the region.
Intent: To restore Downtown Fresno’s role as the primary urban center in the San Joaquin Valley.
Policies
2.2.1 Prioritize the transformation of Downtown into a clean and safe multi-use place by introducing and mixing high-density housing, office, retail, restaurants and entertainment uses.
2.2.6: Encourage retail uses on the ground floors of buildings within the Fulton District.
Goal
2.4: Promote a greater concentration of buildings and people in Downtown Fresno.
Intent: To create a lively Downtown with more pedestrian activity, “eyes on the street,” more economic and entertainment activity, and thus a more attractive environment for visitors, residents, and businesses.
Policies
2.4.5: Ensure that all new buildings, including mid- to high-rise buildings, provide a pedestrian scale ground-level street frontage.
2.4.7: Encourage infill of vacant or underutilized land with buildings that are compatible with the existing physical, climatic, cultural, and historical context.
Fulton Corridor Specific Plan
Design Principles
The following principles are described as forming the basis for the Downtown Districts sections of the Citywide Development Code as well as the goals, policies, and actions that are described in the Fulton Corridor Specific Plan:
2.3.5 Interconnected Street System: Alleys provide access to parking and services at the back of building lots, reducing the number of conflicts between pedestrian and vehicles along sidewalks.
Goal
6-10: Generate high quality, pedestrian oriented public space in Downtown.
Intent: Provide goals and policies throughout the Fulton Corridor Specific Plan Area, providing standards and policy guidance for future real estate development and building activity, including rehabilitating the Plan Area’s infrastructure, and inserting relevant, pedestrian-friendly buildings.
Policies
6-10-5: In conformance with the Development Code, require parking and services to be accessed from alleys.
Goal
8-8: Generate a safe, inviting, interconnected walkable environment.
Intent: Provide a vehicular and pedestrian circulation network which caters to pedestrian needs over vehicular needs by improving pedestrian priorities; including but not limited to, minimizing curb cuts and driveways.
Policies
8-8-7: Reduce conflicts between automobiles and pedestrians by consolidating existing driveways and minimizing new curb cuts and driveways that cross sidewalks. Where alleys are present, retain them and require all new parking access to be taken from them.
Goal
9-1: Provide a comprehensive transportation, circulation, and parking system that improves quality of life in Downtown.
Intent: Facilitate a vibrant and successful downtown through provision of a transportation network system that accommodates all modes of travel, which focuses on walking and the experience of the pedestrians, who are responsible for patronizing downtowns for long period of time, and which constitute the financial engine of prosperous cities.
An important component of Downtown’s street network is its alleys. Traditionally, alleys provided access to surface parking behind buildings, as well as accommodated services such as deliveries and garbage. This approach to street and block design ensured that street- and sidewalk-facing buildings were oriented towards people, and that buildings formed a continuous, pedestrian-friendly frontage towards the street, while the backs of buildings were oriented towards cars and services. This Fulton Corridor Specific Plan continues this intent and approach towards street and block design by prohibiting the vacation of alleys
Policies
9-1-9: In order to maximize on-street parking and pedestrian comfort and safety, and to provide a location for unsightly services such as trash pick-up, prohibit the closure or abandonment of existing streets and alleys, unless authorized by the City Manager.
Goal
9-2: Carefully design streets to accommodate multiple transportation modes.
Intent: Provide for judicious management of the existing transportation system and reduce the need for costly roadway expansions while managing vehicle speeds on roadways. Implement strategies, including but not limited to transit prioritization, driveway consolidation and management (fewer driveways means less conflict between automobiles and pedestrians, as well as more continuous people-occupied building frontages).
Policies
9-2-4: Require parking and services to be accessed from alleys, where present, in conformance with the Development Code.
Based upon the Fresno General Plan and Downtown Neighborhoods Community Plan goals and policies, the proposed project would serve to meet many of the above listed goals and policies as it would improve economic vitality in the City of Fresno and allow development of existing properties within the City of Fresno. The project is an infill, mixed-use commercial and residential project that will not only provide commercial/retail spaces along Van Ness, Stanislaus, and ‘L’ Streets, but also multi-family residential units within a couple of blocks from Bus Rapid Transit stops and the proposed High-Speed Rail station. The project will enhance and revitalize Downtown Fresno by promoting a greater concentration of buildings that provide pedestrian scale ground-level frontage and a high percentage of street frontage coverage while utilizing vacant, underdeveloped land that is compatible with the existing physical and historic context.
However, for purposes of approving the proposed Planned Development Permit pursuant to the Findings of Section 15-5905 of the Fresno Municipal Code, which includes a determination of consistency with the General Plan and any applicable operative plan such as the Downtown Neighborhoods Community Plan and Fulton Corridor Specific Plan, the proposed vacation of a portion of the existing alley and the inclusion of driveway approaches on the public street frontages of the project is not consistent with the goals and objectives for Downtown which are intended to facilitate a vibrant and successful downtown through provision of a transportation network system which caters to pedestrian needs over vehicular needs by improving pedestrian priorities, reducing the number of conflicts between pedestrian and vehicles along sidewalks, retaining existing alleys and requiring new parking access be taken from them, and minimizing and/or consolidating curb cuts and driveways. Furthermore, while a Planned Development Permit may be utilized to provide greater flexibility than already provided by the Development Code, a Planned Development Permit cannot be used to amend or modify General or operative plan policies.
Upon reviewing the policies contained in the Fresno General Plan, Downtown Neighborhood Community Plan, and Fulton Corridor Specific Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan.
FRESNO MUNICIPAL CODE FINDINGS
The required findings for a Planned Development Permit under Section 15-15-5905 are as follows:
A. The proposed development is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, any applicable operative plan, and adopted policies, including the density and intensity limitations that apply;
B. The subject site is physically suitable for the type and intensity of the land use being proposed;
C. 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;
D. 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
E. 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:
1. Appropriateness of the use(s) at the proposed location.
2. The mix of uses, housing types, and housing price levels.
3. Provision of infrastructure improvements.
4. Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code.
5. Connectivity to public trails, schools, etc.
6. Compatibility of uses within the development area.
7. Creativity in design and use of land.
8. Quality of design, and adequacy of light and air to the interior spaces of the buildings.
9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term.
Based upon analysis of the application, staff concludes that the required findings made by the Director to deny the special permit under FMC Section 15-5905 (A, B, C, D, & E) are appropriate. These findings are attached as Exhibit N.
If the Planning Commission decides to grant approval of the request to modify applicable development code standards relating to block, street, and alley standards to allow for the vacation of an existing alley for a proposed mixed-use development in the Downtown Plan Area, the Commission must find that there is substantial evidence in the administrative record to make all the required findings of Section 15-5905 mentioned above and amend them to include the requested development code modification and alley vacation.
ENVIRONMENTAL FINDINGS
No environmental findings are necessary to adopt a staff recommendation for denial for the project, Planned Development Permit Application No. P21-01805, a request to modify development code standards to allow for the vacation of an existing alley for a proposed mixed-use development.
However, should the Planning Commission make the required findings in accordance with FMC Section 15-5905, then adoption of a Section 15332/Class 32 (In-Fill Development Projects) Categorical Exemption, pursuant to the State of California Environmental Quality Act (CEQA) Guidelines, is considered appropriate. The attached Categorical Exemption was prepared for Environmental Assessment No. P21-02255/P21-01805 and dated November 17, 2021 (Exhibit O) may be adopted by the Commission if the required findings are made as set forth above.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno County Airport Land Use Compatibility Plan, Fresno General Plan, Downtown Neighborhoods Community Plan, and the Fulton Corridor Specific Plan, compliance with the specific provisions of Development Code; 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. Upon consideration of this evaluation, it can be concluded that Planned Development Permit Application No. P21-01805, a request to modify development code standards to allow for the vacation of an existing alley for a proposed mixed-use development in the Downtown Plan Area, is not appropriate for the subject property.
As mentioned above, if the Planning Commission decides to grant approval of the request to modify development code standards to allow for the vacation of an existing alley for a proposed mixed-use development in the Downtown Plan Area, the Commission must find that there is substantial evidence in the administrative record to make the required findings of FMC Section 15-5905. Should the Planning Commission make the required findings, approval of the planned development permit application shall be subject to the applicant’s compliance with the Conditions of Approval of P21-02255/P21-01805 dated November 17, 2021 (Exhibit P).
If the Planning Commission upholds the Planning & Development Department Director’s denial of this special permit application (P21-01805) and denies the appeal, denial by the Planning Commission upholds the citywide development code requirements and does not allow the vacation of alleys as part of the related Development Permit P21-02255.
Action by the Planning Commission is final unless appealed to City Council in accordance with Section 15-5017 of the FMC.
Attachments:
Exhibit A: Vicinity Map
Exhibit B: Aerial Photograph
Exhibit C: Planned Land Use Map
Exhibit D: Zoning Map
Exhibit E: Project Information Table
Exhibit F: Noticing Buffer Map
Exhibit G: Master Application/Owner’s Letter of Authorization
Exhibit H: Operational Statement
Exhibit I: Exhibits (Site Plan, Elevation Photos, Floor Plans)
Exhibit J: Notice of Intent to Take Action
Exhibit K: P21-01805 Denial Letter
Exhibit L: Applicant Appeal Letter
Exhibit M: Public Hearing Notice
Exhibit N: Fresno Municipal Code Findings
Exhibit O: Draft Environmental Assessment
Exhibit P: Draft Conditions of Approval for P21-02255/P21-01805