REPORT TO THE PLANNING COMMISSION November 20, 2019 FROM: MIKE SANCHEZ, Assistant Director Development Services Division THROUGH: RALPH KACHADOURIAN, Supervising Planner Development Services Division BY: PHILLIP SIEGRIST, Planner Development Services Division SUBJECT ..Title Consideration of Conditional Use Permit Application No. P19-02037 and related Environmental Assessment No. P19-02037, located on the south side of North State Street between West Mission Avenue and North Golden State Boulevard, in Highway City (Council District 2) - Planning & Development Department. 1. ADOPT the Class 32 Categorical Exemption as prepared for California Environmental Quality Act (CEQA) Environmental Assessment No. P19-02037 dated November 20, 2019. 2. APPROVE Conditional Use Permit Application No. P19-02037 requesting authorization to construct a multi-unit residential development in the RS-5 (Single Family Residential, Medium Density) subject to compliance with the Conditions of Approval dated November 20, 2019. ..Body EXECUTIVE SUMMARY Mike de Alba, of De Alba Architecture, on behalf of Star Housing Project, Inc., has filed Conditional Use Permit Application No. P19-02037 pertaining to an approximately �0.78 acre parcel of property located on the south side of North State Street between West Mission Avenue and North Golden State Boulevard, in Highway City. The applicant requests authorization to construct a multi-unit residential development consisting of no more than six, detached, two story single family dwelling units. In addition, the project proposes on and off-site improvements including but not limited to on-site guest parking; on and off-site trees and landscaping; a two-cell trash enclosure; and installation of curbs, gutters, and sidewalks. All units are proposed as market rate and the subject property is not located on a site listed in the Housing Element Sites Inventory (2013-2023 RHNA). The subject property is zoned RS-5 (Single Family Residential, Medium Density) which permits Multi-Unit Residential with an approved Conditional Use Permit. Pursuant to � 15-906-B of the Fresno Municipal Code (FMC), when a Duplex or 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. Therefore, the subject application is being considered by the Planning Commission. The subject application was considered by the Planning Commission on September 18, 2019. New information in the form of a petition letter was presented during the public comment portion of the meeting. Therefore, the subject application was referred back to staff in order to address concerns raised in the petition letter. Staff has analyzed the concerns raised in the petition letter, which is included in this staff report, and therefore the subject application is being considered by the Planning Commission again. BACKGROUND/ANALYSIS Pursuant to FMC Table 15-902, Multi-Unit Residential is permitted in the RS-5 zone district subject to an approved Conditional Use Permit and subject to the development standards of the RM-1 (Multiple Family Residential, Medium High Density) zone district, pursuant to �15-906 of the FMC. The subject property is currently vacant and located on a partially developed block, surrounded by vacant property to the east and existing single family residential homes to the south, west, and across the street to the north. Furthermore, the adjacent vacant properties immediately to the east are currently planned and zoned for General Commercial uses. The existing homes on the same blockface and along the street do not have a consistent architectural style. In addition, curbs, gutters, and sidewalks have not been constructed. The applicant proposes the development of a multi-unit residential development consisting of no more than six, detached, two story single family dwelling units. Each unit will include four bedrooms, two and a half bathrooms, two car private garages, covered front porches, and optional rear patios. The proposed development will also include three uncovered guest parking spaces, on and off-site landscaping; including a combination of private and common open space, a two-cell trash enclosure, and a six foot high perimeter block wall. The exterior facades of the proposed townhomes will consist of concrete smooth stucco finish, stone veneer accents, dual glaze vinyl windows with wood shutters, vinyl doors, attic vents, and concrete tile roofs. Vehicular access and parking will be provided via a new driveway approach along North State Street. In addition, the project will require dedications, vacations, and/or acquisitions for public street rights-of-way as well as the construction of public facilities and infrastructure in accordance with the standards, specifications and policies of the City of Fresno in order to facilitate the proposed development of the subject property. Project approval has been conditioned to comply with requirements identified in the Fresno Metropolitan Flood Control District's memorandum to the Planning and Development Department, dated June 28, 2019, which requires the developer to construct a temporary on-site ponding basin until permanent drainage service is available. While the project proposes no more than six dwelling units, compliance with the above mentioned drainage requirement may result in a reduction of one unit, for an overall total of five dwelling units. Even with a reduction of one dwelling unit the proposed project will still be consistent with the planned land use and allowable density for the subject property. Density The subject application proposes the development of a multi-unit residential development consisting of no more than six, detached, two story single family dwelling units on �0.78 acres of property designated for Medium Density Residential planned land uses, which has an allowable density range of 5 to 12 units per acres. As proposed, the 6-unit project would result in a density of 7.7 dwelling units per acre. Based upon the residentially planned land use density and acreage allocations currently designated by the Fresno General Plan, the subject property is expected to yield approximately 4 - 9 dwelling units. As mentioned in the Background/Analysis section above, compliance with the conditions of approval may result in a reduction of one unit, for an overall total of five dwelling units. Therefore, these figures demonstrate that development in accordance with the subject application is consistent with the planned land use and allowable density for the subject property. Pursuant to Policy W-5-b of the West Area Community Plan, for multiple-family apartments on sites not greater than one acre, the minimum site area per dwelling unit shall not be less than 3,500 square feet. The subject application proposes a multi-unit development consisting of six, detached, two story single family dwelling units on one lot. This policy is not applicable as multiple-family apartments are not proposed. However, for informational purposes, the proposed project will yield approximately 5,663 square feet per dwelling unit. Therefore, development of the proposed multi-unit single family residential project is in accordance with applicable density criteria contained in the West Area Community Plan. Fresno Municipal Code Pursuant to FMC Section 15-906-D, the property development standards of the RM-1 (Multiple family Residential, Medium High Density Residential) zone district shall apply to the underlying RS-5 (Single Family Residential, Medium Density) zone district. Given the conditions of approval dated November 6, 2019, Conditional Use Permit Application No. P19-02037 meets all of the provisions of the FMC, including but not limited to setbacks, transition standards, parking, open space and landscaping, and complies with all applicable design guidelines and development standards for Multi-Unit Residential in the RS-5 (Single Family Residential, Medium Density) zone district. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P19-02037. Public Notice and Input Neighborhood Meeting No. 1 Prior to project submittal, the applicant held a neighborhood meeting on February 8, 2019, and noticed property owners within 500 feet of the subject property. The meeting was held at 4630 West Jacquelyn Avenue. The applicant provided an overview of the project, including exhibits of the proposed development. Only two individuals from within the neighborhood attended the meeting. The two attendees expressed excitement for new development in the area. A summary of the neighborhood meeting (Exhibit L) was prepared and submitted by the applicant. Council District Project Review Committee The Council District 2 Project Review Committee recommended approval of the proposed project on June 3, 2019 by a vote of 4-0 with no additional comments or recommendations. Notice of Planning Commission Hearing No. 1 In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices for the September 18, 2019 Planning Commission Hearing to surrounding property owners within 1000 feet of the subject property on September 6, 2019 (Exhibit M). One protest letter was received on September 12, 2019 (Exhibit N). While the aforementioned protest letter was not included as an exhibit to the September 18, 2019 Planning Commission Staff Report, copies were provided to the commissioners and the public before the meeting and included as part of the official record. The primary concern raised in the letter pertained to consistency with policies in the Highway City Neighborhoods Specific Plan; specifically Policy 1-5-6(c) which prohibits "multiple-family buildings" greater than one story (20 feet) in height when located within 75-feet of property zoned or planned for single family residential use. As previously mentioned, the subject application proposes a multi-unit development consisting of two story single family dwelling units; not multiple-family buildings. Therefore, Policy 1-5-6(c) of the Highway City Neighborhoods Specific Plan is not applicable. September 18, 2019 Planning Commission Hearing As mentioned in the Executive Summary section above, the subject application was considered by the Planning Commission on September 18, 2019. However, new information in the form of a petition letter (Exhibit O) with 23 signatures from approximately 11 residences was presented during the public comment portion of the meeting. The new information was not part of the official record, nor did staff have an opportunity to analyze and address the concerns raised in the new petition letter. Therefore the planning commission referred the subject application back to staff to address the new information. The main concerns raised in the petition letter pertained to the following: consistency between the Fresno General Plan, West Area Community Plan, Highway City Neighborhood Specific Plan, the Official Zoning Map, and the Zoning Ordinance; a Conditional Use Permit application is not appropriate for the proposed project; the project is not in accordance with the purpose of Development Code; increased traffic congestion; the project does not comply with open space requirements; the project is not in accordance with the development standards for Expressway Area Overly Districts. The following is an analysis of the main concerns expressed in the petition letter: Concern 1: The project is not consistent with the Fresno General Plan, West Area Community Plan, Highway City Neighborhood Specific Plan, the Official Zoning Map, and the Zoning Ordinance (Development Code). Response: As demonstrated throughout the staff report and the Project Information Table (Exhibit E), the Highway City Neighborhood Specific Plan, West Area Community Plan, and Fresno General Plan designate the subject property for Medium Density Residential planned land uses. The Medium Density Residential planned land use designation is consistent with the subject property's underlying RS-5 (Single Family Residential, Medium Density) zone district. The proposed multi-unit single-family residential project is permitted in the RS-5 zone district subject to a Conditional Use Permit and Planning Commission approval. Furthermore, the proposed project meets all of the provisions of the FMC, including but not limited to setbacks, transition standards, parking, open space and landscaping, and complies with all applicable design guidelines and development standards for Multi-Unit Residential in the RS-5 zone district. Therefore the project is consistent the Fresno General Plan, West Area Community Plan, Highway City Neighborhood Specific Plan, the Official Zoning Map, and the Development Code. Concern 2: Conditional use permit applications are used for certain land uses aren't consistent with the existing zone district and when proposed uses may result in potentially significant environmental impacts, as with rezones and variances. Therefore, a conditional use permit is not appropriate for the project. Response: The statement above is incorrect. Rezone and Plan Amendments are typically used to allow certain uses that are not consistent with a property's underlying zone district and planned land use designation. Pursuant to FMC Section 15-5301, the Conditional Use Permit review process is intended to apply to uses that are generally consistent with the purposes of the district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties or adversely affect the City's infrastructure, the built or natural environment, City resources, or the City's ability to provide public services. As previously mentioned, pursuant to FMC � 15-906-B, Multi-Unit Residential uses are permitted in the RS-5 zone district with a conditional use permit subject to Planning Commission approval. Therefore, a conditional use permit is appropriate for the proposed project. Concern 3: The purpose of the Development Code is to protect and promote the public health, safety peace, comfort, convenience, prosperity and general welfare of the City of Fresno. Therefore, the project does not align and is not in accordance with the purpose of Development Code. Response: The purpose of the Development Code is to implement the General Plan. As previously mentioned and demonstrated throughout the staff report, the proposed project meets all of the provisions of the FMC, including but not limited to setbacks, transition standards, parking, open space and landscaping, and complies with all applicable design guidelines and development standards for Multi-Unit Residential in the RS-5 zone district. Furthermore, as explained in the Land Use Plans and Policies section below, the project is consistent with the goals, objectives, and policies of the General Plan, West Area Community Plan and Highway City Neighborhood Specific Plan. Therefore, the project aligns with and is in accordance with the Development Code. Concern 4: The Development Code is adopted to "promote a safe and efficient traffic circulation system." Approval will trigger additional similar projects in the area resulting in an increase in traffic congestion. Response: The above statement is speculative and there is no clear or substantial evidence to determine whether or not the project will result in additional projects of similar scope to develop in the area. The subject property is located within Traffic Impact Zone III, which requires a Traffic Impact Study (TIS) for all development projected to generate 100 or more peak hour new vehicle trips. According to staff in the Public Works Traffic Engineering Division, the project would result in approximately three AM peak hour trips, four PM peak hour trips, and 40 Average Daily Trips. Therefore, a TIS was not required and the project is not expected generate a significant increase in traffic congestion. Concern 5: The project does not comply with the Open Space requirements outlined in the Development Code which requires private open space for no fewer than 50 percent of the dwelling units. In addition, the minimum area for any common open space area shall be 1,000 square feet and no less than 80 percent unobstructed to the sky. Response 5: Although not depicted on the site plan, the operational statement states that wood fences will be provided between the individual residential units. Therefore, 100 percent of the units will provide private open space. Given the conditions of approval, the project is expected to provide approximately �3,316 square feet of unobstructed common open space, which is more than the 1,000 square feet minimum requirement. Furthermore, the project is expected to provide approximately 25 percent open space (combination of private and common) which is more than the 20 percent minimum requirement. Lastly, the subject site is less than 500 feet from a public park located at the Highway City Community Center. Concern 6: The project is not in accordance with the development standards for Expressway Area Overly Districts. Response: The subject property is neither located within an Expressway Overlay District nor located within 200 feet of the right-of-way line of a street designated as an Expressway or Super Arterial. Therefore, the proposed project is not subject to the Expressway Area Overlay District development standards identified in Section 15-1604 of the FMC. Neighborhood Meeting No. 2 Although not required, the applicant held an additional neighborhood meeting on October 17, 2019, in an effort to share the project with more members of the community, receive feedback, and address concerns. Notices were delivered to the residents who signed the petition letter in addition to property owners within 500 feet of the subject property. The applicant provided an overview of the project, including exhibits of the proposed development. Approximately eight individuals from within the neighborhood attended the meeting (only two attended the previous meeting). The recurring concern pertaining multi-family buildings greater than one story persisted. In addition, concerns regarding owner occupied vs. renter occupied units and maintenance were raised. The applicant assured the attendants that management would adequately address nuisances and that maintenance and landscaping crews would ensure the property and homes were well maintained. A summary of the neighborhood meeting (Exhibit P) was prepared and submitted by the applicant. For informational purposes, the applicant requested to hold the neighborhood meeting at the Highway City Community Center located less than 500 from the subject site. However, the community coordinator in charge of the facility did not recommend it as a suitable meeting space and instead, recommended the new facility located at Inspiration Park (approximately 1.4 miles from project site). Considering the original meeting location located at 4630 West Jacquelyn Avenue was closer in proximity to the project site (approximately 1.1 miles away), the applicant chose not to change meeting locations. Notice of Planning Commission Hearing No. 2 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 1000 feet of the subject property on November 8, 2019 (Exhibit Q). No comments have been received to date. LAND USE PLANS AND POLICIES The Fresno General Plan designates the subject property for Medium Density Residential planned land uses and provides objectives to guide in the development of this project. Medium Density Residential covers developments of 5 to 12 units per acre and is intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot line developments, duplexes, and townhouses. The proposed project will facilitate development of the site with no more than six, detached, single family dwelling units which is the intent of the Fresno General Plan for this property. Objectives and policies within the Fresno General Plan support diverse housing types, efficient and equitable use of resources, and multi-family residential infill development. Some of those objectives and policies are outlined below: * Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. > Policy UF-1-a: Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. > Policy UF-1-d: Range of Housing Types. Provide for diversity and variation of building types, densities, and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. > Policy UF-1-e: Unique Neighborhoods. Promote and protect unique neighborhoods and mixed use areas throughout Fresno that respect and support various ethnic, cultural and historic enclaves; provide a range of housing options, including furthering affordable housing opportunities; and convey a unique character and lifestyle attractive to Fresnans. Support unique areas through more specific planning processes that directly engage community members in creative and innovative design efforts. * Objective UF-12: Locate roughly one-half of future residential development in infill areas-defined as being within the City on December 31, 2012-including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land. * 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. > Policy LU-1-a: Promote Development within the Existing City Limits as of December 31, 2012. 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. * 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: Infill Development and Redevelopment. Promote 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. * Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities. > 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: Scale and Character of New Development. 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. The proposed project would allow development on existing properties within the City of Fresno. The project promotes multi-unit 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 multi-family 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. West Area Community Plan The subject property is designated for Medium Density Residential planned uses by the West Area Community Plan. Upon reviewing the policies contained in the Plan staff has determined that the following policies apply. * Objective W-5: Provide for the appropriate distribution and design of multiple-family and clustered residential uses, to establish and maintain safe, attractive, and stable residential neighborhoods and to preserve long-term integrity of the West Area Community. > Policy W-5-b: sites not more than one acre in size, the minimum site area per dwelling unit shall not be less than 3,500 square feet. * Objective W-6: Establish compatible relationships between housing types and densities, and provide standards for interfaces between urban and rural residential land uses and between single-family and multiple-family residential projects. > Policy W-6-d: The following design guidelines shall be considered for application to all multiple-family residential development entitlements adjacent to land that is planned for single-family and/or rural residential use: * Locate common use outdoor recreational areas, game courts, swimming pools, and solid waste collection areas on portions of the development site away from existing or planned single-family and rural residential uses. * Separate parking areas, carports, garages, and access drives other than main access drives from abutting properties zoned or planned for single-family or rural residential use with a protected landscape setback at least 5 feet wide, and with a solid masonry wall 6 feet high, along the property line. Highway City Neighborhood Specific Plan The subject property is designated for Medium Density Residential planned land uses by the Highway City Neighborhood Specific Plan. Upon reviewing the policies contained in the Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. However, should there be a conflict between the FMC and the Highway City Neighborhood Specific Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (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 Section 15332/Class 32 was made and Environmental Assessment No. P18-02321, dated November 20, 2019 (Exhibit R), was prepared for this project. A Section 15332/Class 32 exempts from the provisions of CEQA the construction of projects 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 acre and is substantially surrounded by urban uses, c) the project site 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, and e) the site can be adequately served by all required utilities and public services. This site is located within the City limits and is consistent with the Fresno General Plan designation, policies, and zoning. The existing RS-5 zone district is consistent with the Medium Density Residential land use designation approved for this site by the Fresno General Plan, West Area Community Plan, and the Highway City Neighborhood Specific Plan. The proposed development occurs on a project site of approximately �0.78 acres, which is less than the five acre maximum, and is substantially surrounded by urban uses. The site has no value as habitat for endangered, rare or threatened species and can be adequately served by all required utilities and public services. No adverse environmental impacts will occur as a result of the proposed project. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings of Section 15-5306 of the Fresno Municipal Code can be made. These findings are attached as Exhibit S. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, West Area Community Plan, and the Highway City Neighborhood Specific 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 Conditional Use Permit Application No. P18-02321 is appropriate for the subject property. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Planned Land Use Map Exhibit D - Zoning Map Exhibit E - Project Information Tables Exhibit F - Noticing Map Exhibit G - Master Application Exhibit H - Operational Statement Exhibit I - Site Plan Exhibit J - Floor Plan & Elevations Exhibit K - Conditions of Approval dated November 20, 2019 Exhibit L - Neighborhood Meeting Summary No. 1 Exhibit M - Notice of Planning Commission Hearing No. 1 Exhibit N - Protest Letter Exhibit O - Petition Letter Exhibit P - Neighborhood Meeting Summary No. 2 Exhibit Q - Notice of Planning Commission Hearing No. 2 Exhibit R - Environmental Assessment Exhibit S - Fresno Municipal Code Findings