Legislation / 26-1378

Consideration of Vesting Tentative Tract Map No. 6561; Planned Development Permit Application No. P26-00807; and related Environmental Assessment No. T-6561/P26-00807 for approximately 4.96 acres of property located on the north side of East Nees Avenue, between North Chestnut and North Willow Avenues (Council District 6) - Planning and Development Department. 1. ADOPTION of Environmental Assessment No. T-6561/P26-00807 dated October 21, 2026, a determination that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332/Class 32 (In-fill Development Projects) of the CEQA Guidelines. 2. APPROVAL of Vesting Tentative Tract Map No. 6561 proposing to subdivide approximately 4.96 acres of property into a 17-lot single-unit residential development, subject to compliance with the Conditions of Approval dated October 21, 2026, and contingent upon approval of Planned Development Permit Application No. P26-00807 and the related environmental assessment. 3. APPROVAL of Planned Development Permit Application No. P26-00807 proposing to modify the RS-3 zone district development standards and allow for gated private streets, subject to compliance with the Conditions of Approval dated October 21, 2026, and contingent upon approval of Vesting Tentative Tract Map No. 6561 and the related environmental assessment.

26-1378 · Action Item · Agenda Ready

Introduced by
Pending Approval
Date
Wed, Oct 21, 2026

Full textv1

REPORT TO THE PLANNING COMMISSION October 21, 2026 FROM: JENNIFER K. CLARK, AICP, Director Planning and Development Department THROUGH: ASHLEY ATKINSON, AICP, Assistant Director Planning and Development Department ISRAEL TREJO, Planning Manager Planning and Development Department ROB HOLT, Supervising Planner Planning and Development Department BY: SAUL PEREZ, Planner II Planning and Development Department SUBJECT ..Title Consideration of Vesting Tentative Tract Map No. 6561; Planned Development Permit Application No. P26-00807; and related Environmental Assessment No. T-6561/P26-00807 for approximately 4.96 acres of property located on the north side of East Nees Avenue, between North Chestnut and North Willow Avenues (Council District 6) – Planning and Development Department. ADOPTION of Environmental Assessment No. T-6561/P26-00807 dated October 21, 2026, a determination that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332/Class 32 (In-fill Development Projects) of the CEQA Guidelines. APPROVAL of Vesting Tentative Tract Map No. 6561 proposing to subdivide approximately 4.96 acres of property into a 17-lot single-unit residential development, subject to compliance with the Conditions of Approval dated October 21, 2026, and contingent upon approval of Planned Development Permit Application No. P26-00807 and the related environmental assessment. APPROVAL of Planned Development Permit Application No. P26-00807 proposing to modify the RS-3 zone district development standards and allow for gated private streets, subject to compliance with the Conditions of Approval dated October 21, 2026, and contingent upon approval of Vesting Tentative Tract Map No. 6561 and the related environmental assessment. ..Body EXECUTIVE SUMMARY Lorren Smith of Harbour & Associates, on behalf of Will Amador of Gary McDonald Homes, has filed Vesting Tentative Tract Map No. 6561 and Planned Development Permit Application No. P26-00807 pertaining to approximately 4.96 acres of property located on the north side of East Nees Avenue, between North Chestnut and North Willow Avenues. Vesting Tentative Tract Map No. 6561 proposes to subdivide approximately 4.96 acres of property into a 17-lot single-unit residential development, subject to compliance with the Conditions of Approval dated October 21, 2026, and contingent upon approval of Planned Development Permit Application No. P26-00807 and the related environmental assessment. Planned Development Permit Application No. P26-00807 proposes to modify the RS-3 zone district development standards and allow for gated private streets, subject to compliance with the Conditions of Approval dated October 21, 2026, and contingent upon approval of Vesting Tentative Tract Map No. 6561 and the related environmental assessment. The subject property is located within the boundaries of the Fresno General Plan and Woodward Park Community Plan, and both plans designate the subject property for Low Density Residential (1 to 3.5 dwelling units per acre (du/ac)). The proposed density of the subdivision is 3.43 du/ac. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Low Density Residential planned land use for the subject property. BACKGROUND The subject property is located on the north side of East Nees Avenue, between North Chestnut and North Willow Avenues. The site is surrounded by single-unit residential uses to the west and north. Adjacent east of the proposed subdivision is an existing retail plaza. Across East Nees Avenue, there is a church campus and single-unit residential uses. Planned Development Planned Development Permit Application No. P26-00807 requests authorization to establish gated private streets and to reduce the minimum lot size, lot width, and building setbacks. Additionally, the Planned Development Permit also requests authorization to increase the maximum lot coverage and the maximum fence height. The proposed modifications include the following: Minimum lot size from 9,000 square feet to 6,812 square feet; Minimum lot width for general standard lots from 70 feet to 55 feet; Minimum lot width for corner lots from 80 feet to 55 feet; Minimum front setback from 25 feet to 10 feet; Minimum interior side setback from 5 feet to 3 feet; Minimum rear setback from 20 feet to 10 feet; Maximum fence height from 6 feet to 12 feet (for decorative columns and entry gates); Maximum lot coverage from 35 percent to 60 percent. The subject property is zoned RS-3. The proposed project is required to comply with the development standards in Fresno Municipal Code (FMC) Section 15-903, except for the modifications made through the Planned Development Permit. Landscaping/Walls/Open Space   The proposed subdivision is located along a major street (East Nees Avenue) which is an arterial street. Pursuant to Woodward Park Community Plan Policy 3-4.6, planned expressways and arterials require a minimum 20-foot landscape area along the street frontage. The development will be required to install landscaping and irrigation within a minimum 20-foot-wide landscaped outlots abutting all property lines with frontage along East Nees Avenue (lots 1, 2, 16, and 17 of Vesting Tentative Tract Map No. 6561). The developer is required to provide street trees on all public street frontages per Fresno Municipal Code (FMC) Section 15-4108.  Street trees shall be planted at the minimum rate of one tree for each 40 feet of street frontage or one tree per home (whichever is greater) by the developer.  The developer is required to provide irrigation for all street trees; the irrigation system shall comply with FMC Section 15-2309 (Irrigation Specifications) and the Model Water Efficient Landscape Ordinance (MWELO). The long-term maintenance and operating costs, including repair and replacement, of required public improvements (Services) associated with new single-unit developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the responsibility of the developer. The developer shall provide for maintenance of these Services by a mechanism approved by the Public Works Department or by annexing into the City of Fresno Community Facilities District (CFD) No. 11. Walls Pursuant to FMC Section 15-4105.F.2, the rear of all lots with frontage along East Nees Avenue shall construct a minimum 6-foot-high decorative masonry wall. This applies to lots 1, 2, 16, and 17 of Vesting Tentative Tract Map No. 6561. Open Space Pursuant to FMC Section 12-4.705, residential subdivisions with tentative maps containing 50 parcels or less are required to pay in-lieu fees for open space/park facility purposes; no on-site open space is required due to the limited number of proposed lots. The subdivision does propose an approximately 6,812 square-foot private park near the center of the site. Public Services Public Utilities The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies; and the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies. Required sewer infrastructure improvements and facilities include requirements such as the construction and extension of sanitary sewer mains and branches within the interior of the proposed tract. The proposed project will also be required to provide payment of sewer connection charges. On-site sanitary sewer facilities shall be private to be operated and maintained by the developer. Required water infrastructure improvements and facilities include requirements such as the construction and extension of water mains within the interior of the proposed tract. On-site water facilities shall be private to be operated and maintained by the developer. Fresno Metropolitan Flood Control District According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone or hazard area. Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s). Drainage from the site shall be directed to East Nees Avenue. Fire Department The Fire Department offers a full range of services including fire prevention, suppression, emergency medical care, hazardous materials, urban search and rescue response, as well as emergency preparedness planning and public education coordination within the Fresno City limits. Based on the conditions provided by the Fire Department, the subject property will be served by Fire Station 13 (approximately 2.1 miles away). Streets and Access Points The Fresno General Plan designates East Nees Avenue as an arterial street. The proposed project will take access from one access point on East Nees Avenue via a private gated entrance. The developer will also construct private interior private streets which have been modified from the City of Fresno Public Works standards. The project will require dedications and/or acquisitions for public street rights-of-way and utility easements as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure in accordance with all applicable standards, specifications and policies of the City of Fresno and responsible agencies to facilitate the future proposed development of the subject property. The Public Works Department’s Traffic Engineering Division has reviewed the proposed project and potential traffic-related impacts and determined that the streets adjacent to and near the subject site will accommodate the quantity and kind of traffic that may be potentially generated, subject to the requirements of the Traffic Engineering Division’s memorandum dated May 4, 2026. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and, (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact Fee, and the Fresno Major Street Impact Fee. Affirmatively Furthering Fair Housing Under California Assembly Bill 686 (AB 686), public agencies have a legal obligation to take meaningful, deliberate actions to overcome patterns of segregation, eliminate disparities in access to opportunity, and foster inclusive communities free from discrimination. To fulfill this obligation, the City has committed to prioritize projects that support integration, expand access to opportunity, and reduce racial and economic disparities and that promote inclusive community engagement and equitable development practices across the city. The proposed project is located in an area designated as highest resource by the State Department of Housing and Community Development’s 2026 Affirmatively Furthering Fair Housing (AFFH) Mapping Tool. The project proposes 17 units of above-moderate-income housing, on a site designated for above-moderate income housing by the Housing Element Sites Inventory. As such, the project is generally consistent with Housing Element Goal 1: Facilitate and encourage the provision of a range of housing types to meet the diverse needs of residents; and with Policy 1.2: Facilitate development of new housing for all economic segments of the community including extremely low, very low-, low-, moderate-, and above moderate-income households. This development does not include any rental or income restrictions; thus providing an opportunity for tenants with housing vouchers to rent in a highest resource area. In addition, the provision of additional housing units in a high/highest resource area helps meet demand, thus potentially contributing to more naturally affordable housing. Woodward Park Community Plan The goals of the Woodward Park Community Plan include developing the area as a planned community with a complete range of services and facilities for the needs of the community residents, in adherence to a set of specific standards for residential, commercial, and public infrastructure development. Having reviewed the policies contained in the Woodward Park Community Plan, staff have determined that there are no applicable policies that are more restrictive than those in the FMC or the Fresno General Plan. However, pursuant to Section 15-104-B-4 of the FMC, should there be a conflict between the FMC and the Woodward Park Community Plan, the FMC shall control. Council District Project Review Committee The Council District 6 Project Review Committee reviewed the proposed project at their regular meeting on April 8, 2026, and voted to recommend approval of the project, 5 votes to 0, with no additional recommendations. Notice of Planning Commission Hearing   The Planning and Development Department mailed notices of this Planning Commission hearing to all property owners and residents within 1,000 feet of the subject property, pursuant to FMC Section 15-5007 (Exhibit G) and posted them in the Fresno Bee pursuant to FMC Section 15-3308.B.4.a. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (CEQA), Public Resource Code Section 21000 et seq., permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from CEQA pursuant to CEQA Guidelines Section 15332/Class 32 was made and Environmental Assessment No. T-6561/P26-00807 was completed for this project on October 21, 2026 (Exhibit K). None of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, Staff concludes that the findings required by FMC Sections 15-3309 and 15-5905 can be made.  These findings are attached as Exhibit F. GROUNDS FOR DENIAL OF TENTATIVE MAP   Section 66474 of the Subdivision Map Act (SMA) (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. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. That the site is not physically suitable for the type of development. That the site is not physically suitable for the proposed density of development. 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. That the design of the subdivision or type of improvements is likely to cause serious public health problems. 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 have determined that none of the findings above apply to the project and have recommended approval subject to the Conditions of Approval (Exhibits H and I). CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Woodward Park Community Plan; compliance with the provisions of the FMC; 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 and exhibits. The proposed project does not meet the findings for denial per the SMA, and Staff concludes that the required findings contained within FMC Sections 15-3309 and 15-5905 can be made. Based upon this evaluation, it can be concluded that the proposed project is appropriate for the project site. Attachments: Exhibit A – Vesting Tentative Tract Map No. 6561 [May 1, 2026] Exhibit A-1 – Planned Development Site Plan [March 31, 2026] Exhibit B – Operational Statement [March 31, 2026] Exhibit C – Aerial Map Exhibit D – Vicinity Map Exhibit E – Fresno General Plan Land Use & Zoning Map Exhibit F – Fresno Municipal Code Findings Exhibit G – Public Hearing Notice Radius Map (1,000 feet) Exhibit H – Conditions of Approval for Vesting Tentative Tract Map No. 6561 [October 21, 2026] Exhibit I – Conditions of Approval for Planned Dev. Permit App. No. P26-00807 [October 21, 2026] Exhibit J – Comments and Requirements from Responsible Agencies Exhibit K – Environmental Assessment No. T-6561/P26-00807 [October 21, 2026]

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