REPORT TO THE PLANNING COMMISSION
September 07, 2022
FROM: JENNIFER CLARK, Director
Planning and Development Department
THROUGH: ISRAEL TREJO, Interim Planning Manager
Planning and Development Department
BY: Juan Lara, Planner III
Planning and Development Department
SUBJECT
Title
Consideration of request for a discretionary two-year extension of time to the expiration date for Vesting Tentative Tract Map No. 5756 pertaining to approximately 19.17 acres of property located on the south side of West Ashlan Avenue between North Polk and North Hayes Avenues. (Council District 1).
1. APPROVE the request for a discretionary two-year extension of time for the expiration date for Vesting Tentative Tract Map No. 5756, subject to compliance with the original conditions of approval as contained in Planning Commission Resolution No. 12802, and the attached Development Impact Fees dated September 01, 2022.
Body
EXECUTIVE SUMMARY
Lorren Smith of Harbour & Associates has filed a request for a discretionary two-year time extension of Vesting Tentative Tract Map No. 5756, pertaining approximately 19.17 acres of property located on the south side of West Ashlan Avenue between North Polk and North Hayes Avenues.
The currently requested extension may only be granted if the required findings codified in Fresno Municipal Code (FMC) Section 15-3316(C)(2) can be made. Based upon the submitted application and the circumstances, staff has determined that the findings required for such an extension can be made (Exhibit F.)
If the request is approved as recommended by staff, the tentative map expiration date will be extended to July 16, 2024.
BACKGROUND / PROJECT ANALYSIS
Vesting Tentative Tract Map No. 5756 proposes a 102-lot conventional single-family residential subdivision on approximately 19.17 acres at a density of 5.30 dwelling units per acre. On January 16, 2008, the Fresno City Planning Commission, by a vote of 5-0, recommended approval of Vesting Tentative Tract Map No. 5756, subject to the conditions noted in Planning Commission Resolution No. 12802 (Exhibit C). Pursuant to Government Code Section 66452.6(a)(1) and the provisions of the Fresno Municipal Code, an approved or conditionally approved vesting tentative map shall expire 24 months after its approval or conditional approval. Therefore, the original expiration date of the subject tentative map was January 16, 2010. Vesting Tentative Tract Map No. 5756 has received multiple State extensions. Senate Bill No. 1185 extended the map 12 month to January 16, 2011, Assembly Bill No. 333 extended the map 24 months to January 16, 2013, Assembly Bill No. 208 extended the map 24 months to January 16, 2015, Assembly Bill No. 116 extended the map 24 months to January 16, 2017, Assembly Bill No. 1303 extended the map 24 months to January 16, 2019. A discretionary two-year extension approved in 2019 extended the map to January 16, 2021. Assembly Bill No.1561 extended the map 18 months to July 16, 2022.This extension, if granted, would extend the expiration date to July 16, 2024
Staff recommends an extension as stated above which would preserve vested rights to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date the City originally accepted Vesting Tentative Tract Map No. 5756, with the exception that the developer shall pay contemporary development fees and charges as necessary, to achieve a fiscal sustainability balance through recuperation of costs for the expansion of the public facilities, services and infrastructure as necessary to support growth (Exhibit G).
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the application staff concludes that the required findings contained within FMC 15-3316(C)(2) (Extensions of Time) can be supported.
The required findings are set forth below and explained within Exhibit F attached to this report:
a) No Change to General Plan. There have been no changes to the provisions of the General Plan or any operative plan, or development plan that would cause the map to no longer be in conformity with the General Plan, operative plan, or development plan.
b) No Material Change to Development Code. There have been no changes to the provisions of this Development Code that would cause the map to no longer be in conformity with this Development Code.
c) No Changes Affecting Application of the General Plan and Development Code. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Development Code apply to the project.
d) No Change Detrimentally Affecting Availability of Public Facilities to Serve Project. There have been no changes to the capacities of community resources, including roads, schools, sewage treatment or disposal facilities, or water supply, so that there is no longer sufficient remaining capacity to serve the project.
Subdivider Request for Time Extension
Staff has received a letter from the applicant relating to the subject application dated July 12, 2022. This letter is attached as Exhibit E. This letter discusses the issue of cost of off-site sewer and water extension having prevented the applicant from obtaining a final recorded map.
Staff of the Planning Department has reviewed the above noted letter from the applicant. Based on the information provided within the letter, staff continues to recommend approval of the request for a discretionary two-year extension of time for Vesting Tentative Tract Map No. 5756.
ENVIRONMENTAL FINDINGS
A Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) was prepared for Environmental Assessment No. R-07-010/T-5756/UGM dated December 18, 2007, and was approved by the Planning Commission on January 16, 2008, relative to the approval of Vesting Tentative Tract Map No. 5756. No further environmental analysis is needed.
CONCLUSION
The appropriateness of the proposed request for an extension of time has been examined with respect to its conformity with the goals, objectives and policies of the Fresno General Plan and the Citywide Development Code; its continued compatibility with surrounding existing or proposed uses and character of the site and its surrounding; and with respect to any changes to capacities of community resources which may have occurred. These factors have been evaluated as described herein above. Upon consideration of this evaluation, it can be concluded that the additional two-year extension of time to the expiration date of Vesting Tentative Tract Map No. 5756 can be supported.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Aerial Map
Exhibit C - Planning Commission Resolution No. 12802
Exhibit D - Vesting Tentative Tract Map No. 5756 [January 04,2008]
Exhibit E - Subdivider Request for Extension of Time [July 12, 2022]
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Development Impact Fees [September 01, 2022]