REPORT TO THE PLANNING COMMISSION December 21, 2022 FROM: ISRAEL TREJO, Planning Manager Planning and Development Department BY: JUAN LARA, Planner III Planning and Development Department SUBJECT ..Title Consideration of Vesting Tentative Tract Map No. 6250/UGM, Planned Development Permit Application No. P22-02807 and related Environmental Assessment No. T-6250, for property located on the southwest corner of North Alicante Drive and North Portofino Drive (Council District 6). 1. ADOPT Environmental Assessment No. T-6250/P22-02807, dated November 30, 2022, an Addendum to the Final Subsequent Environmental Impact Report State Clearinghouse No. 2000021003 ("SEIR") for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. APPROVE Planned Development Permit Application No. P22-02807 request to authorization to modify property development standards for the RS-3 (Single Family Residential, Low Density) zone district subject to compliance with Conditions of Approval date December 21, 2022. 3. APPROVE Vesting Tentative Tract Map No. 6250/UGM proposing to subdivide the approximately 15.86-acres property into a 52-lot single-family residential development subject to compliance with the Conditions of Approval dated December 21, 2022. ..Body EXECUTIVE SUMMARY Bret Giannetta of Giannetta Engineering, on behalf of Granville Homes, has filed Vesting Tentative Tract Map No. 6250 pertaining to approximately 15.86 net acres of property located on the southwest corner of North Alicante Drive and North Portofino Drive. Vesting Tentative Tract Map No. 6250 is a proposal to subdivide the property into a privet 52-lot single-family residential subdivision. The proposed density of the subdivision is 3.27 dwelling units per acre ("du/ac"). The subject property is located within the Fresno General Plan which designates the subject site for Low Density Residential (1 to 3.5 du/ac) planned land uses. Therefore, the subject application is consistent with the planned land use for the project site, and will implement goals, objectives, and policies of the Fresno General Plan. The existing RS-3/UGM/Cz (Residential Single Family, Low Density/Urban Growth Management/conditions of zoning) zoning for the subject property and the proposed residential density of 3.27 du/ac is consistent with the Low Density Residential (1-3.5 dwelling units per acre) planned land use designation for the subject property. BACKGROUND / ANALYSIS The immediate vicinity of the subject property is primarily vacant land and the Copper River County Club Golf Course. The surrounding properties abutting the proposed subdivision map are currently vacant, with future subdivisions proposed surrounding subject site to the east, and north. The property abutting the proposed subdivision to the south is currently vacant and planned for Low and Medium Residential uses. The Copper River Country Club Golf Course is located to the west of the proposed subdivision map. A Subsequent EIR was approved for the entire Copper River Ranch development area and which the proposed subdivision is located. Copper River Ranch History - EIR The Copper River Ranch Development was originally submitted to and approved by the County of Fresno Board of Supervisors in 2000. The project was designated and zoned for a mixture of uses including commercial, multi-family residential, and single-family residential. In 2001, the City of Fresno initiated the update of the General Plan and included the Copper River Ranch area. The Copper River Ranch Project was approved in 2003 by the Fresno City Council. The Copper River Ranch area has been in a state of development since 2004 and today, there are commercial and residential uses within the area. The City of Fresno prepared and certified an Environmental Impact Report (No. 10126) for the Copper River Ranch Project (State Clearinghouse #2000021003), adopted in 2003. Said EIR analyzed the impacts of the following: * 2,837 residential units on 706 acres * 250,000 square feet of office/commercial (60 acres) Copper River Ranch History - SEIR The Copper River Ranch Project has been building out/developing since 2003 in general conformance to what was analyzed in the 2003 EIR. However, as development has occurred there have been some changes regarding subdivision layouts, number of units, and some changes to locations of commercial/office. In addition, there are approximately 170.77 acres that were not studied as part of the 2003 EIR and which the project applicant proposes to eventually develop approximately 109 acres of the 170.77 acres. As such, those areas required additional environmental evaluation, and a Subsequent Environmental Impact Report (SEIR) was prepared and included a full evaluation of the "new" project areas as well as all proposed land use changes and associated maps (including subject tentative tract map). The SEIR consisted of adding approximately 109 acres to the Copper River Ranch development that was not included in the original 2003 Copper Ranch EIR and included land use and zoning designation changes within the existing 706.5-acre Copper River Ranch development. The subject property of the proposed subdivision map was included within the SEIR for Low Density Residential uses. On December 9, 2021, the Fresno City Council certified final SEIR SCH No. 2000021003 relative to the overall Copper River Ranch project. The proposed project will require dedications for public street rights-of-way as well as the installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. Planned Development Permit Application (PD) In addition to submitting a vesting tentative tract map, the applicant has submitted Planned Development Permit No. P22-02807. Pursuant to Chapter 15, Article 59 of the FMC, a Planned Development Permit is required in order to create a planned development (PD). The proposed planned development features private gated streets. As part of the PD process, an applicant may request a modification of development standards and. Planned Development Permit No. P22-02807 proposes modified property development standards, including reduced setbacks, increased lot coverage. Reduced Setbacks The applicant is proposing a ten-foot front yard setback. The standard minimum front yard setback is 25 feet. The standard rear yard setback is 20 feet. The applicant is proposing a ten-foot rear yard setback. The standard minimum side yard setback is 5 feet. That applicant is proposing a three-foot side yard setback. Lot coverage The applicant is proposing an increase to allow lot coverage up to 60 percent. The standard lot coverage for the RS-3/UGM/ Cz (Residential Single Family, Low Density/Urban Growth Management/conditions of zoning) is 35 percent. Open Space Mitigation Measure Rec-1 of the Subsequent EIR required a minimum of 28.8 acres of park space to be provided within the Copper River Ranch Project. Location(s) of the park space must be provided within the Copper River Ranch development in a location(s) approved by the Planning and Development Department. The subject project is required to comply with Mitigation Measure Rec-1 of the Subsequent EIR prepared for the Copper River Ranch project. Public Services Public Utilities The Department of Public Utilities ("DPU") has identified that adequate sanitary sewer and water services are available to serve the project subject to the requirements listed in the memoranda dated November 7, 2022, as well as implementation of the Fresno General Plan policies and the mitigation measures of the SEIR, and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works Standards, specifications, and policies. For water service, required infrastructure improvements and facilities include extension of water mains within the interior of the proposed tract to individual lots, providing an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Installation of these services with meters to proposed residential lots along with payment of applicable Water Capacity Charges comprise this project's obligations toward implementation of the Fresno General Plan policies (including the mitigation measures of the associated SEIR). Implementation of the Water Resources Management Plan and the identified project related conditions of approval will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Fresno Metropolitan Flood Control District The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project has permanent drainage service and can be accommodated by the district, upon construction of facilities to be constructed by the developer. The project applicant shall comply with the FMFCD requirements as detailed in its memoranda dated December 7, 2022 Fire Department The subject property is located within the boundaries of the Fire Station 17 Service Area. Additional Fire service requirements for development of the proposed project will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources water. Internal access to the tract is acceptable, and compliance with the provision of two means of emergency access during all phases of construction is required. The project applicant shall comply with the Fresno Fire Department requirements dated October 21, 2022. Streets and Access Points The project will take access from two points along the local street frontage (North Portofino Drive). The developer of this project will be required to dedicate and construct improvements along the local street frontage and on all interior local streets within the subdivision. The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated December 2, 2022, which are attached to the conditions of approval. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and, (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Fresno Major Street Impact (FMSI) Fee. Council District Project Review Committee The proposed project was reviewed by the Council District 6 Project Review Committee on October 17, 2022. This subdivision design was recommended for approval by the Committee, 7 votes to 0, with 3 absent. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property, pursuant to Section 15-5007 of the Fresno Municipal Code (Exhibit F). California Housing Shortage Since about 1970, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years in order for prices and rents to decline. Approval of the subject project, including tentative tract map, would help contribute to fulfilling the housing needs of the region. LAND USE PLANS AND POLICIES As proposed, the project will be consistent with the Fresno General Plan goals and objectives related to residential land use and the urban form: * 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. * Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth. 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 LU-5-a promotes low density residential usus only where there are established neighborhoods with semi-rural or estate characteristics. This project supports the above-mentioned policies in that the density and intensity of the proposed development conform to the applicable Low Density Residential land use designation of the Fresno General Plan. 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. Housing Element Findings Vesting Tentative Tract Map No. 6250 This project is located on a site listed in the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates a minimum capacity of 52 above moderate units. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,525 for a total existing capacity of 15,641 units. This project proposes 52 units of above moderate housing. Prior Tentative Map T-6106 was approved and contained 8 above moderate units within the Housing Element site, thus there will be an addition 8 units provided for this site over the minimum capacity. As 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, this project is consistent with the Housing Element. ENVIRONMENTAL FINDING An environmental assessment was prepared for each project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. Preparation of the environmental assessments necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies, specifically the Final Subsequent Environmental Impact Report State Clearinghouse (SCH) No. 2000021003 ("SEIR"). 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; and student generation projections and school facility site location identification. The proposed projects have been determined to be subsequent projects that are fully within the scope of the SEIR 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 the addendum to the SEIR. It has been further determined that all applicable mitigation measures of the SEIR 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 the SEIR 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 SEIR was certified and that no new information, which was not known and could not have been known at the time that the SEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the projects will not have a significant impact on the environment and the addendums are appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15164. Based upon the attached environmental assessment (Exhibit J) 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 an addendum for this project. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings contained within FMC Section 15-3309 (Tentative Tract Map Findings) of the Fresno Municipal Code can be made. These findings are attached as Exhibit F. 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 Subdivision Map Act. 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 / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 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 Vesting Tentative Tract Map No. 6250/UGM and Planned Development Permit No. P22-02807 are appropriate for the project site. Planning Commission action of the proposed Vesting Tentative Tract Map and Planned Development Permit, unless appealed to the Council, is final. ATTACHMENTS: Exhibit A: Vesting Tentative Tract Map 6250/UGM [11/07/2022] Exhibit A-1: Site Plan [9/22/2022] Exhibit B: Operational Statement [9/22/2022] Exhibit C: Aerial Map Exhibit D: Vicinity Map Exhibit E: Fresno General Plan Planned Land Use & Zoning Map Exhibit F: Fresno Municipal Code Findings Exhibit G: Public Hearing Notice Radius Map Exhibit H: Conditions of Approval for Vesting Tentative Tract Map 6250/UGM [12/21/2022] Exhibit I: Conditions of Approval for Dev. Permit P22-02807 [12/21/2022] Exhibit J: Comments & Requirements from Responsible Agencies Exhibit K: Environmental Assessment T-6250/P22-02807, SEIR Addendum [11/30/2022]