REPORT TO THE PLANNING COMMISSION July 1, 2020 FROM: DANIEL ZACK, Assistant Director Development Services Division THROUGH: MCKENCIE PEREZ, Supervising Planner Development Services Division BY: KAO VANG, Planner Development Services Division SUBJECT ..Title Consideration of Conditional Use Permit Application No. P20-00137 and related Environmental Assessment No. P20-00137, filed by Sue Lee and pertaining to �0.70 acres of property located on the east side of North Millbrook Avenue between East Olive Avenue and East Floradora Avenue at 1298 North Millbrook Avenue (Council District 7). 1. ADOPT Environmental Assessment No. P20-00137 dated July 1, 2020, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through Section 15332/Class 32 Categorical Exemption. 2. APPROVE Conditional Use Permit Application No. P20-00137 requesting authorization to construct one 4-plex multi-unit residential development on the subject parcel in the RS-5 (Single Family Residential, Medium Density) zone district. ..Body EXECUTIVE SUMMARY Sue Lee, has filed Conditional Use Permit Application No. P20-00137 pertaining to 0.70-acres of property located on the east side of North Millbrook Avenue between East Olive Avenue and East Floradora Avenue at 1298 North Millbrook Avenue. The applicant requests authorization to construct one 4-plex multi-unit residential development. Multi-Unit Residential uses are permitted in the RS-5 (Residential - Single Family, Medium Density) zone district subject to approval of a Conditional Use Permit. Pursuant to Section 15-906-B of the Fresno Municipal Code (FMC), when Multi-Unit Residential use is proposed in the RS-5 zone district, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits following a public hearing. BACKGROUND/ANALYSIS The subject property is zoned RS-5 (Residential - Single Family, Medium Density). Pursuant to Table 15-902 of the FMC, a Conditional Use Permit is required when a Multi-Unit Residential use is proposed in the RS-5 zone district. Pursuant to Section 15-906-B the Planning Commission is the Review Authority and shall approve, conditionally approve, or deny applications for Conditional Use Permits following a public hearing. A multi-unit residential development proposed in the RS-5 zone districts shall comply with the property development standards of the RM-1 (Residential - Multiple Family, Medium High Density) zone district, unless otherwise stated in FMC Section 15-906 or by the Review Authority. The subject site is vacant and is located on a developed block with both single-family residential and multi-unit residential. The property north of the project site is zoned RM-1 (Residential, Multi - Family, Medium High Density) consisting of multi-unit duplexes. Properties surrounding the project site to the south, east, and west are zoned RS-5 (Residential - Single Family, Medium Density) and consists of duplexes and single family homes. The project is proposed to provide four (4) three-bedroom and two baths units, at approximately 1,404 square-feet per unit; totaling 5,616 square-feet for the building. The remainder of the property will be used for open space such as landscaping, grass, trees, plants, shrubs, walkways, parking, and ground cover. Nineteen parking stalls are proposed on the site along with two carport structures which will provide twelve covered parking stalls. Vehicular access and parking will be provided via a new driveway approach along North Millbrook Avenue. The project is required to dedicate and construct curbs, gutters, and sidewalks in accordance with the standards, specifications and policies of the City of Fresno Public Works Standards for the development of the proposed project. The existing structures on the block face consist mainly of duplexes and single family homes. The street does not have a consistent architectural style. Fa�ade components in the block face do not have consistent architectural style but the structure orientation will be similar as the neighboring duplex property north of the subject site. The exterior facades of the proposed duplexes will consist of composition asphalt shingles. The property north of the subject site has a front set back of 30 feet and the property south of the subject site is set back approximately 55 feet. The average setback of the two neighboring properties is 42.5 feet. The project front setback is proposed at 50 feet. Housing Element This project is located on a parcel listed in the 2013-2023 RHNA Housing Sites Inventory. The Inventory designates this site for four units of above moderate housing. This project proposes four units of above moderate housing and will thus have no impact on the Housing Sites Inventory. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 4,929 for a total existing capacity of 15,045 units. The remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City's share of the regional housing need pursuant to Section 65584. Therefore this project is consistent with the Housing Element. Density (FMC 15-906-D) Pursuant to FMC Section 15-906-D, the allowable density range is five to 12 units per acre. The subject property is approximately 0.70 acres in size and the site is proposed at four dwelling units which would result in a density of 5.7 dwelling units per acre. Therefore, the proposed project is consistent with the planned land use and allowable density for the subject property. Neighborhood Meeting Pursuant to Section 15-906-A of the FMC, a neighborhood meeting is required prior to submittal of the project application and shall be conducted in accordance to Section 15-5006 of the FMC for Neighborhood Meetings. On June 3, 2020, a neighborhood meeting was conducted via Zoom Webinar. There were no member of the public that attended the Zoom meeting (See Exhibit H - Neighborhood Meeting Documents). OTHER AGENCIES Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P20-00137. The project will comply with all zoning requirements including setbacks, landscaping and parking requirements, as incorporated into the conditions of approval. NOTICE OF PLANNING COMMISSION HEARING The Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1000 feet of the subject property on June 19, 2020. No responses have been received in response to the public notice (See Exhibit I - Public Hearing Notice). LAND USE PLANS AND POLICIES The Fresno General Plan designates the subject property for Residential Medium Density planned land uses and provides objectives to guide in the development of this project. Residential - Medium Density is intended to provide a variety of residences, enhance the character of the City's neighborhoods, ensure new development is compatible with existing neighborhoods, provide neighborhood serving amenities, and implement the Medium Density Residential land use classification. The proposed project will facilitate construction of the site with four dwelling units which is the intent of the Fresno General Plan for this property. Objectives and policies within the Fresno General Plan support a successful and competitive housing stock and protect, preserve, and enhance Housing Element Sites. Some of those objectives and policies are outlined below: 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: Promotes 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. Policy LU-2-b: Promotes residential infill development of existing vacant lots and underutilized sites within the City as a strategy to help meet the affordable housing needs of the community. Policy LU-5-c: Medium Density Residential Uses. Promote medium density residential uses to maximize efficient use of residential property through a wide range of densities. Policy LU-5-g: Allow new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes. Policy D-1-A: Requires all new multi-family residential development along pedestrian-oriented streets (collector and local), to provide direct pedestrian street access and to promote walkable connectivity, individualization, family-friendly development, identity, and street safety to the maximum extent reasonably feasible. The proposed project would allow development on existing properties within the City of Fresno. The project promotes multi-dwelling units residential development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development on infill properties. Infill development conserves resources and takes advantage of existing infrastructure. Furthermore, the proposed development promotes a city of healthy communities and will enhance the overall character of the neighborhood by providing multi-family residential development that is compatible with the surrounding established neighborhood. Roosevelt Community Plan The subject property is designated for Medium Density Residential planned land uses by the Roosevelt Community Plan. Upon reviewing the policies contained plan, staff has determined that the following policies apply: Goal 1-5: Promote the visual enhancement of existing neighborhoods and developing areas. Policy1-5.5 Wherever feasible, the City shall encourage the installation of sidewalks with park strips (large enough to accommodate street trees) in order to promote energy conservation, promote increased pedestrian use of local streets, and improve the Community's aesthetic appearance. Goal 1-6: Plan for the diversity of residential types, densities and locations necessary to achieve the plan concept and accomplish the plan goals to provide for adequate housing opportunities, balanced urban grow Policy 1-6.3: Medium density residential uses shall be designated �for the established neighborhoods with smaller lot sizes and along appropriate transition areas. This designation shall also be applied to stabilize many neighborhoods which have experienced a piecemeal encroachment of multiple-family residential development but lack adequate streets and public facilities to support additional population increases. The development of a four-plex building will enhance the overall character of the neighborhood by providing multi-family residential development that is compatible with the surrounding established neighborhood. The proposed project would allow development on existing properties within the City of Fresno and preserves and protects resources within the City by expanding opportunities for development on infill properties. Fresno County Airport Land Use Compatibility Plan (ALUCP) The proposed project is located in the airport influence area of the Fresno Yosemite International Airport Zone 6 - Traffic Pattern Zone. Traffic Pattern Zone 6 prohibits uses such as stadium and similar uses and/or exceeding the height of 100 feet or taller. The proposed four-plex will not exceed the 100 feet height restriction and is not a prohibited use in Zone 6. Therefore the project is consistent with the County ALUCP. 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. P20-00137 was completed for this project on July, 1 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. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive (see Exhibit J - Categorical Exemption). FRESNO MUNICIPAL CODE FINDINGS The required findings under Section 15-5306, for Conditional Use Permits, of the FMC 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. 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 of FMC Section 15-5306 can be made for the proposed project (see Exhibit K- Fresno Municipal Code Findings). CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Roosevelt Community Plan and Fresno General Plan; 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. Upon consideration of this evaluation, it can be concluded that the proposed Conditional Use Permit Application No. P20-00137 is appropriate for the project site. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Zoning Map Exhibit D - Noticing Map Exhibit E - Project Information Table Exhibit F - Operational Statement Exhibit G - Exhibits (Site Plan, Floor Plans, Elevations, and Landscape Plans) Exhibit H - Neighborhood Meeting Notice Exhibit I - Public Hearing Notice Exhibit J - Categorical Exemption Exhibit K - Fresno Municipal Code Findings Exhibit L - Conditions of Approval dated July 1, 2020 with attachments