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. P19-06113 and related Environmental Assessment No. P19-06113, filed by Jeff Bretz and pertains to �0.90 acres of property located on the south side of East Woodward Avenue between South Cedar Avenue and South Chance Avenue at 4406 East Woodward Avenue (Council District 5). 1. ADOPT Environmental Assessment No. P19-06113 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 (In-Fill). 2. APPROVE Conditional Use Permit Application No. P19-06113 requesting authorization to construct nine multi-unit residential dwellings in the RS-5 (Single Family Residential, Medium Density) zone district. ..Body EXECUTIVE SUMMARY Jeff Bretz, has filed Conditional Use Permit Application No. P19-06113 pertaining to 0.90-acres of property located south of East Woodward Avenue between South Cedar Avenue and South Chance Avenue at 4406 East Woodward Avenue (APN: 471-291-05). The applicant requests authorization to construct nine single-story dwelling units with one garage attached per unit on the subject property. 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 a 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 district 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 currently vacant and is located on a developed block with both single-family residential and multi-family 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) consisting of duplexes and single family homes. The project is proposed to provide six (6) two-bedroom dwelling units and three (3) three-bedroom dwelling units totaling nine (9) dwelling units. The two bedroom dwelling units will include approximately 728 square-feet of living space with one bathroom. The three bedroom dwelling units will include approximately 1,112 square-feet of living space with two bathrooms. Each dwelling unit will have one 256 square-foot single-car garage attached to the unit and approximately 320 square feet of patio space. Thirty-five percent of the property will consist of the living space, patios, garages, and \ landscaping. The property will be landscaped with synthetic grass, trees, plants, shrubs, and ground cover. The exterior facades of the proposed dwelling units will consist of a stucco finish, stucco overhang, and composition shingles. The existing homes on the same blockface and along the street do not have a consistent architectural style. The proposed development will also include 10 additional parking spaces, on and off-site landscaping, and a two-cell trash enclosure. Vehicular access and parking will be provided via a new driveway approach along East Woodrow Avenue. The project includes 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. 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 0.90 acres in size and the project is proposed at nine dwelling units which would result in a density of 10 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 October 17, 2018, a neighborhood meeting was conducted at Sal Mosqueda Community Center. Property owners of 1911 South Cedar Avenue and 1941 South Cedar Avenue were in attendance at the meeting and were glad to see development occurring at the proposed site (See Exhibit H - Neighborhood Meeting Documents). District 5 Plan Implementation Committee On June 1, 2020, the Council District 5 Plan Implementation Committee reviewed and recommended approval of Conditional Use Permit Application No. P19-06113 by a vote of 5 to 0 with no conditions (See Exhibit I - District 5 Voting Record). OTHER AGENCIES All comments received from the applicable agencies have been incorporated into the conditions of approval dated July 1, 2020 for Conditional Use Permit Application No. P19-06113 (See Exhibit M - Conditions of Approval dated July 1, 2020) 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. As of current, no responses have been received in correspondence to the public notice (See Exhibit J - 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 nine 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 project will enhance 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. Infill development conserves resources and takes advantage of existing infrastructure. 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 pursuant to Section 15332/Class 32 of the CEQA Guidelines was made and Environmental Assessment No. P19-06113 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. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive (See Exhibit K - 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 L- 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. P19-06113 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 Documents Exhibit I - District 5 Voting Record Exhibit J - Public Hearing Notice Exhibit K - Categorical Exemption Exhibit L - Fresno Municipal Code Findings Exhibit M - Conditions of Approval dated July 1, 2020 with attachments