REPORT TO THE PLANNING COMMISSION December 16, 2020 FROM: Dan Zack, Assistant Director Planning & Development Department THROUGH: RALPH KACHADOURIAN, Supervising Planner Development Services Division BY: JOSE VALENZUELA, Planner III Development Services Division SUBJECT ..Title Consideration of Conditional Use Permit Application No. P20-00902, a request to construct a �3,915 square-foot convenience store with a four-dispenser/eight-station fuel canopy, a �3,000 square-foot retail building with a drive-through, and three general retail/office buildings with a total of �23,400 square-feet. The proposed project site is located at 1880 East Copper Avenue which is at the northwest corner of East Copper Avenue and North Maple Avenues. (Council District 6) - Planning & Development Department. 1. CONSIDER Environmental Assessment No. P20-00902, dated September 25, 2020, 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 Appellant's appeal and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P20-00902 requesting to construct a �3,915 square-foot convenience store with a four-dispenser/eight-station fuel canopy, a �3,000 square-foot retail building with a drive-through, and three general retail/office buildings with a total of �23,400 square-feet. ..Body EXECUTIVE SUMMARY Conditional Use Permit Application No. P20-00902, was filed by Brett Giannetta, of Giannetta Engineering, Inc., on behalf of DA Real Estate Holdings, LLC., and requests authorization to construct a �3,915 square-foot convenience store with a four-dispenser/eight-station fuel canopy, a �3,000 square-foot retail building with a drive-through, and three general retail/office buildings with a total of �23,400 square-feet. On September 25, 2020, the Planning & Development Department Director approved the Conditional Use Permit application based upon the projects compliance with the required finings for conditional use permits under FMC Section 15-5306 (Exhibit L, Findings). The Director's decision to approve the request was appealed by the Fresno Healthy Neighborhood Alliance on October 12, 2020 (Exhibit I). Therefore the subject application is being considered by the Planning Commission. BACKGROUND Pursuant to Section 15-1201 of the FMC, a service station, drive through and retail uses are allowed with the approval of a conditional use permit. The development is subject to the CC (Community Commercial) zone district which accommodates a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses. Examples of allowable uses include building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. The proposed service station and drive-through uses are subject to the requirements outlined in FMC Sections 15-2755 and 15-2728. The proposed project requests authorization to construct a �3,915 square-foot convenience store with a four-dispenser/eight-station fuel canopy, a �3,000 square-foot retail building with a drive-through, and three general retail/office buildings with a total of �23,400 square-feet, on-site and off-site improvements on approximately �4.13 acres of vacant land. The proposed project will provide 16 parking spaces that will service the service station. For the rest of the shopping center there will be 149 parking spaces available. One drive approach will be provided along North Maple Avenue to access the site. Two entries will be provided along East Copper Avenue. No on-sale or off-sale alcohol licenses are proposed at this time. The proposed project meets the intensity and massing development standards outlined in FMC15-1203. The minimum lot width requires 75 feet and 100 feet for minimum lot depth. The subject project is proposed to be developed on a �800-foot by �270-foot commercial lot. The Maximum Floor Area Ratio (FAR) required in the CC district is 1.0. FAR is the measure of the intensity of non-residential development. FAR is gross non-residential floor area of all buildings on-site divided by the site area. The proposed total building floor area is approximately 30,315 square-feet and the site area approximately 179,903 square-feet. The proposed project proposes an FAR of 0.16, consistent with FMC Section 15-1203. The CC zone district requires a minimum front setback of 15 feet from right-of-way and a maximum building height of 35 feet. The proposed buildings are setback from the East Copper Avenue right-of-way boundary approximately 95 feet, except for the fueling canopy edge located approximately 77 feet from edge of right-of-way. Along North Maple Avenue, the proposed setback from right-of-way edge is approximate 18.5 feet. The proposed building will be no more than 21 feet in height. The CC zone district requires windows, doors, or other openings for at least 60 percent of the building wall area. Regular connections between on-site walkways and the public sidewalk, trail and other existing pedestrian routes are provided. On- site walkways are proposed to connect the primary building entry or entries to a public sidewalk/trail on each street frontage. The proposed buildings meet the requirements for building form, pedestrian connectivity, transparent glazing and the location standards outlined in the CC zone district. In accordance with Figure MT-2: Paths and Trails of the Fresno General Plan, a Class 1 Bicycle and Pedestrian trail has been dedicated and will be constructed on the north side of East Copper Avenue along the proposed project frontage. Service Station The proposed service station is required to comply with the provision of FMC Section 15-2755. The referenced section requires no more than two vehicular access point to/from a public street. As previously mention the proposed project will provide for two vehicular access point along East Copper Avenue and one along North Maple Avenue. The design of the service station is required to provide landscaping and half screen walls to screen vehicles while allowing eye level visibility into the site. This requirement has been conditioned by the Planning and Development Department and listed in the Conditions of Approval dated September 25, 2020. No service bays, carwash openings, vacuum stations, or outdoor loading areas are proposed. Propane tanks, vapor recovery systems, air compressors, utility boxes, garbage, recycling containers/enclosures, and other similar mechanical/electrical equipment are conditioned to be screened from public view. Fresno Municipal Code Section 15-2755 regulates service stations and requires pump islands to be a minimum 15 feet from any property line to the nearest edge of the pump island. The proposed fueling canopy is proposed 47 feet from the western property line and 77 from the southern property line. The canopy is required to match the architecture of the main buildings on-site. A condition has been outlined in the Conditions of Approval (Exhibit N), requesting an elevation of the proposed fueling canopy and its compliance with architectural design integration with the proposed buildings on-site. Compliance with the Conditions of Approval and the attached comments/regulations from City and other agencies will ensure that the proposed service station will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements. Drive-In and Drive-Through Facilities Drive-through facilities are regulated by FMC Section 15-2728. Drive-in and drive-through facilities are required to be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. Aisles shall be designed to provide adequate visibility at their intersection with streets or travel aisles. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a minimum height of 30 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets, parking lots, and the public right-of-way. The proposed project will be conditioned to provide the screening wall in combination with landscaping. Should a drive-through facility be located closer than 100 feet from a Residential District, the drive-through shall close no later than 10:00pm daily. The proposed project is not within 100 feet of any residential uses. Pedestrian walkways shall not intersect drive-in or drive-through aisles unless no alternative exists due to physical site constraints. No pedestrian walkways will intersect the proposed drive-through aisle. With the requirements outlined in the Conditions of Approval and the elements depicted in the proposed site plan, the proposed drive-through meets the provisions of FMC Section 15-2728. Other Agencies Pacific Gas & Electric Company (PG&E) PG&E reviewed the proposed project relating to impacts on its nearby facilities. The proposed project is located east of an existing PG&E Substation. PG&E stated that the proposed project did not impact existing PG&E facilities or easements. The existing transformers are approximately 140 feet from the eastern property line. The edge of the fueling canopy is approximately 60 feet from the substation property line. Therefore, the fueling canopy are approximately 200 feet from any electrical transformer. All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P20-00902. The project will comply with all zoning requirements including setbacks, landscaping, and parking requirements, as incorporated into the Conditions of Approval dated September 25, 2020. See Exhibit N for all written agency comments received. Public Notice and Input Council District Project Committee Review The Council District 6 Project Review Committee reviewed this project on May 18, 2020 and voted to approve with no additional comments and/or recommendations. Notice of Intent of Director's Action Substantial correspondence from nearby residents was received, which opposed the proposed service station portion of the project. Residents' concerns were the following and are attached. (Exhibits O & Q): * Potential for attracting vagrants and potential for crime. * Exposure to benzene levels from the proposed gas station * Concentration of off-sale alcohol sales. * Concentration of service station in the area. * Alcohol related crimes. * Increased traffic. * Light pollution. * Decimation of residential property values. * Ground water pollution. * Aesthetically unappealing. * Flammable liquids near a substation. Fresno Healthy Neighborhood Alliance On October 12, 2020, the appellant submitted a timely appeal to the Planning and Development Department opposing the Director's decision to grant approval of Conditional Use Permit Application No. P20-00902 (Exhibit I). The appeal asserts that the proposed project does not meet the findings of a Class 32 In-Fill Categorical Exemption per CEQA Guideline Section 15332 because the project will result in impact to noise, air quality and traffic. The appeal letter also states that a service station will expose nearby residents to toxic air contaminants such as benzene. The appellant is concerned that future alcohol sales will be approved at this location and increase crime. The letter also states that a left turn lane which would allow traffic to enter through an emergency access would occur. Staff Response * The Class 32 In-Fill Categorical Exemption is applicable to the current project and the factual support and analysis is set forth in the Environmental Assessment determination, Exhibit M of this report. * There is no alcohol sales CUP application submitted for this proposed project. Also, there are no left-turn lanes as a result of the project being proposed. Applicant Response to Appellant On November 13, 2020 the applicant's attorney submitted a letter responding to the appellants concerns (Exhibit J). 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 December 4, 2020 (Exhibit K). No comments have been received to date from the public hearing notice. Project Improvements The proposed project will be required to pay its fair and proportional share of needed community improvements through impact fees, assessment districts, and other mechanisms as included within the project conditions of approval. These conditions which are applied to the proposed project will assure the development remains revenue neutral and will cover all costs for public infrastructure, public facilities, and public services on an ongoing basis consistent with the requirements of the Economic Development and Fiscal Sustainability Element; Objective/Implementing Policy ED-5-b of the General Plan. Therefore, (1) No City revenue will be used to replace or provide developer funding that has or would have been committed to any mitigation project; (2) The development project will fully fund public facilities and infrastructure as necessary to mitigate any impacts arising from the new development; (3) The development project will pay for public facilities and infrastructure improvements in proportion to the development's neighborhood and citywide impacts; and, (4) The development will fully fund ongoing public facility and infrastructure maintenance and public service cost. LAND USE PLANS AND POLICIES The Fresno General Plan designates the subject site for Community Commercial planned land uses and provides objectives to guide in the development of these projects. Community Commercial is intended for commercial development that primarily serves local needs such as convenience shopping and small offices. Many of the city's current commercial districts fall into this designation. Specific uses allowed include medium-scale retail, office, civic and entertainment uses, supermarkets, drug stores and supporting uses. The proposed project provides land use consistency with the surrounding commercial neighborhood. The proposed project provides for adequate parking, quality landscaping, and architectural design that meets all policies and objectives of the Fresno General Plan. Goal Enhance the quality of life for the citizens of Fresno and plan for the projected population within the moderately expanded Fresno urban boundary in a manner, which will respect physical, environmental, fiscal, economic, and social issues. 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. 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. H-1: Protect the citizens of the city from the harmful and annoying effects of exposure to excessive noise. Implementing Policies LU-1-a: 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.. LU-6-d Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of this Plan, promote the stability and identity of neighborhoods and community shopping areas, and allow efficient access without compromising the operational effectiveness of the street system. � Neighborhoods will be anchored by community commercial centers with a mix of uses that meet the area's needs and create a sense of place; and � Community commercial centers will be located within Activity Centers. H-1-a: Noise-sensitive land uses impacted by existing or projected future transportation noise sources shall include mitigation measure so that resulting noise levels do not exceed the standards show in Table 5.11-7. Woodward Park Community Plan Upon reviewing the goals and policies contained in the Woodward Community Plan, staff has determined that there are no applicable policies restrictive to alcohol sales than those already provided in the Fresno General Plan and the Fresno Municipal Code. The proposed project development is consistent with the Commercial-Community land use designation in the Fresno General Plan and the Woodward Park Community Plan. Conditions of Zoning Conditions of Zoning were adopted for the lands located within the Copper River Ranch Project through adoption of the Fresno City Council Ordinance No. 2003-45 on June 03, 2003. These conditions of zoning generally required: (1) Approval of a "master" special permit (Conditional Use Permit) for the Copper River Ranch development project, which was previously satisfied through the approval of Conditional Use Permit Application No. C-04-153 (the "Master" Conditional Use Permit for Copper River Ranch); (2) Implementation of the mitigation measures established by the certification of Final Environmental Impact Report No. 10126 (SCH #2000021003); and, (3) Restricted uses for the parcel located on the south side of North Friant Road and the northern most point of the Copper River Ranch development project (which does not include the subject property). FRESNO MUNICIPAL CODE FINDINGS The required Findings under Section 15-5306 of the Fresno Municipal Code for Conditional Use Permits are as follows: a. 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, b. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, c. 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, d. 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, e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required; and, f. The proposed use is consistent with 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. Based upon analysis of the application, staff concludes that the required Findings made by the Director to approve the special permit under FMC Section 15-5306 (A, B, C, D, E & F) are appropriate. These findings are attached as Exhibit L. In approving a Conditional Use Permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies and design guidelines adopted by the City Council; B. Achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located; C. Achieve the findings for a Conditional Use Permit listed in Section 15-5306, Required Findings; or, D. Mitigate any potential impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (CEQA) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption, Section 15332/Class 32 of the CEQA Guidelines was made and Environmental Assessment No. P20-00902 was completed for this project on September 25, 2020. Under Section 15332/Class 32, the proposed project is exempt from CEQA requirements when the project is characterized as in-fill development meeting the following conditions: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. The Environmental Assessment for the Categorical Exemption and its determination as stated above is attached hereto as Exhibit M. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. No potential cumulative or significant effects will result from the project; the proposed project will not result in damage to scenic resources; the project is not located on land identified as a hazardous waste site on any list compiled pursuant to Section 65962.5 of the Government Code; and there are no historic resources on the subject property for which the project may cause a substantial adverse change in significance. Therefore, the proposed project is not determined to have a significant effect on the environment and the Categorical Exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, Woodward Community 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 Conditional Use Permit Application No. P20-00902, for the proposed project is appropriate for the site. 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 - Zoning Map Exhibit D - Project Information Tables Exhibit E - Noticing Map Exhibit F - Master Application/Owner's Letter of Authorization Exhibit G - Operational Statement Exhibit H - Exhibits (Site Plan, Elevation Photos, Floor Plans) Exhibit I - FHNA Appeal Letter Exhibit J - Applicant Response Letter to Appeal Exhibit K - Public Hearing Notice Exhibit L - Fresno Municipal Code Findings Exhibit M - Environmental Assessment Exhibit N - Conditions of Approval Exhibit O - Letters of Opposition Exhibit P - Letters of Support Exhibit Q - Opposition Petition & Map