REPORT TO THE PLANNING COMMISSION February 17, 2021 FROM: MIKE SANCHEZ, Assistant Director Planning and Development Department THROUGH: WILL TACKETT, Planning Manager Development Services Division BY: JOSE VALENZUELA, Planner III Development Services Division SUBJECT ..Title Consideration of Plan Amendment/Rezone Application Nos. P20-00635, Conditional Use Permit Application No. P20-00636 and related Environmental Assessment No. P20-00635/P20-00636 for approximately 12.18 acres of property located on the northeast corner of East Jensen and South Maple Avenues. (Council District 5) 1. RECOMMEND APPROVAL (to the City Council) of the adoption of the Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. P20-00635/P20-00636, dated February 10, 2021, for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. P20-00635 to proposing to amend the 2035 Fresno General Plan to change the planned land use designations for the subject property from the Residential Urban Neighborhood (�3.53 acres), Commercial Community (�2.15 acres), and Light Industrial (�5.90 acres) to the Residential High Density (�3.4 acres), Commercial Community (�6.5 acres) and Light Industrial (�2.2 acres). 3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P20-00635 proposing to amend the Official Zoning Map of the City of Fresno to reclassify the subject property from the RM-2/UGM (Residential Multi-Family, Urban Neighborhood/Urban Growth Management)(�3.53 acres), CC/UGM (Community Commercial/Urban Growth Management)(�2.15 acres) and IL (Light Industrial/Urban Growth Management)(�5.90 acres) to the RM-3/UGM (Residential Multi-Family, High Density/Urban Growth Management)(�3.4 acres), CC/UGM (Community Commercial/Urban Growth Management)(�6.5 acres) and IL/UGM (Light Industrial/Urban Growth Management)(�2.2 acres) zone districts in accordance with the Plan Amendment Application No. P20-00635. 4. RECOMMEND APPROVAL (to the City Council) of Conditional Use Permit Application No. P20-00636 a request to construct a �170,000 square-foot, 4-story, multi-family residential building with a �4,000 square-foot day care center; a �4,000 square-foot convenience store with an eight-dispenser/16-station fuel canopy; and �73,091 square-feet of retail/office buildings.. ..Body EXECUTIVE SUMMARY Nick Yovino, of Quad Knopf, Inc., on behalf of Hamel Investment Properties, Inc., has filed Plan Amendment/Rezone Application Nos. P20-00635, Conditional Use Application No. P20-00636, and the related Environmental Assessment, pertaining to a total of �12.18 acres of property located on the northeast corner of East Jensen and North Maple Avenues. Plan Amendment Application No. P20-00635 proposes to amend the 2035 Fresno General Plan to change the planned land use designations for the subject property from the Residential Urban Neighborhood (�3.53 acres), Commercial Community (�2.15 acres), and Light Industrial (�5.90 acres) to the Residential High Density (�3.4 acres), Commercial Community (�6.5 acres) and Light Industrial (�2.2 acres). Rezone Application No. P20-00635 proposes to amend the Official Zoning Map of the City of Fresno to reclassify the subject property from the RM-2/UGM (Residential Multi-Family, Urban Neighborhood/Urban Growth Management)(�3.53 acres), CC/UGM (Community Commercial/Urban Growth Management)(�2.15 acres) and IL (Light Industrial/Urban Growth Management)(�5.90 acres) to the RM-3/UGM (Residential Multi-Family, High Density/Urban Growth Management)(�3.4 acres), CC/UGM (Community Commercial/Urban Growth Management)(�6.5 acres) and IL/UGM (Light Industrial/Urban Growth Management)(�2.2 acres) zone districts in accordance with the Plan Amendment Application No. P20-00635. Conditional Use Permit Application No. P20-00636 proposes to construct a �170,000 square-foot, 4-story, multi-family residential building with a �4,000 square-foot day care center; a �4,000 square-foot convenience store with an eight-dispenser/16-station fuel canopy; and �73,091 square-feet of retail/office buildings. The project will also require dedications and/or acquisitions for public street rights-of-way and utility easements 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 future proposed development of the subject property. BACKGROUND The subject property is located within the City of Fresno's General Plan Boundary and Sphere of Influence. The area surrounding the subject property is undergoing growth in development. Immediate properties to the north and east have been substantially developed with single-family residences. West of the subject project consists of a small-scale commercial development but predominantly residential uses. To the south, light industrial uses have been developed and are within the County of Fresno's jurisdiction. Uses consist of warehouse and logistics operations. The adjacent single-family residences to the north and east have been previously developed under Tract Map No. 3110. On the west side of South Maple Avenue, the property has been developed with a �4,800 square-foot general retail building, a service station with a �4,408 square-foot convenience store and a drive-through car wash. The proposed development will subdivide the 12.18-acre site into 12 parcels via a tentative tract map. The smallest lot proposed is approximately 0.28 acres and the largest lot proposed is approximately 2.86 acres. The total maximum lot coverage for the site is approximately 22.5%. The minimum density for the proposed RM-3 (Residential Multi-Family, High Density) zone district is 30 dwelling units per acres (du/ac) and the maximum dwelling units per acre is 45. The proposed multifamily project proposes a density of 44.4 du/ac. The proposed multifamily project proposes 151 dwelling units on a �3.4-acre portion of the property. In addition, a �4,000 square-foot day care building with a play area is proposed adjacent to the multi-family building. The proposed multi-family development proposes a pool area. It can be concluded that the proposed multi-family development meets the density of the proposed RM-3 zone district. The proposed multi-family development is subject to the requirements of the RM-3 (Residential Multi-Family, High Density) zone district listed in FMC 15-1001. The minimum lot size standard for the CC (Community Commercial) zone district is 32,670 square feet (0.75 acres) with a maximum floor area ratio (FAR) 1.0. For the IL (Light Industrial) zone district the minimum lot size is 9,000 square feet with a maximum FAR of 1.5. FAR is the total number of gross non-residential floor area of all buildings on a site divided by the total site area. The area zone for community commercial will comprise of approximately 6.5 acres. There are approximately 65,425 square-feet of building proposed in the CC zone district, therefore the FAR is calculated to be approximately 0.23. The proposed IL zone district will have an area of 2.2 acres and has approximately 11,666 square feet of building area. The FAR in the IL zone district is 0.12. It can be concluded that the proposed FAR is below the required 1.0 for the CC zone district and 1.5 for the IL zone district. The commercial component of the project consists of a range of commercial and office uses. Specific uses include a service station with an eight-dispenser/16-station fueling canopy. Three buildings are proposed to have drive-through lanes. One drive-through will serve for carwash operations and the other two drive-through lanes will serve two food establishments, respectively. Other uses outlined in the Operation Statement (Exhibit G) include a bank, medical offices, and general retail buildings. All uses will be subject to the requirements listed in the CC (Community Commercial) zone district and Section 15-2701. In accordance with Figure MT-2: Paths and Trails of the Fresno General Plan, a Class 1 Bicycle and Pedestrian trail has been dedicated on the north side of East Jensen Avenue adjacent to the proposed project. Various points of pedestrian access to the trail will be provided along East Jensen Avenue. The sidewalk pattern along North Maple Avenue will provide connectivity from the proposed residential development and the existing residences to the proposed trail. The Fresno General Plan designates East Jensen Avenue as a Super Arterial (6-lane) street and North Maple Avenue as a Collector (4-lane) street. The commercial design includes two entryway streets to the interior of the development from East Jensen Avenue and three from South Maple Avenue. 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 easement interested agencies in order to facilitate the future proposed development of the subject property. As a result of the proposed lot configuration and street pattern, in conjunction with the nearby trail feature, connectivity will be facilitated and implemented for both pedestrians and vehicles by the proposed development in a manner which provides additional public amenity for future residents within the area. This overall form of development proposed to be facilitated with the proposed project supports implementation of the concept of a Complete Neighborhood and the Goals, Objectives and Policies of the Fresno General Plan; as follows: Land Use Plans and Policies As proposed, the project will be consistent with the following Fresno General Plan goals, objectives and policies which provide for higher density residential, supported by walkable access to nearby transit, medium scale retail, office, and other services in the vicinity. Goals 1. Increase opportunity, economic development, business, and job creation. 2. 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. 3. Promote a city of healthy communities and improve quality of life in established neighborhoods. 4. Emphasize increased land use intensity and mixed-use development at densities supportive of greater use of transit in Fresno Objectives UF-1, Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. 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. 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. LU-5, Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities. LU-6, Retain and enhance existing commercial areas to strengthen Fresno's economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors. Implementing Policies UF-1-a, Diverse Neighborhoods. Support development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. UF-1-d, 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. UF-1-f, Use Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan. LU-1-a, 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. LU-2-a, 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. LU-5-g, Promote high-density residential uses to support Activity Centers and BRT Corridors, and walkable access to transit stops. LU-6-a, Foster high quality design, diversity, and a mix of amenities in new development with uses through the consideration of guidelines, regulations and design review procedures. LU-6-b, Consider adopting commercial development guidelines to assure high quality design and site planning for large commercial developments, consistent with the Urban Form policies of this Plan. LU-6-d, Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of this Plan, promote the stability and identity of neighborhoods and community shopping areas, and allow efficient access without compromising the operational effectiveness of the street system. * Neighborhoods will be anchored by community commercial centers with a mix of uses that meet the area's needs and create a sense of place; and This project supports the above mentioned policies in that the intensity of the proposed development conforms to the applicable land use designation of the Fresno General Plan and the Roosevelt Community Plan. Given these circumstances, the proposed project supports and is consistent with the goals, objective and policies of the Fresno General Plan as referenced herein above. The project will not conflict with any conservation plans since it is not located within any conservation plan areas. No habitat conservation plans or natural community conservation plans in the region pertain to the natural resources that exist on the subject site or in its immediate vicinity. Therefore, there would be no impacts. In conclusion, the proposed project is consistent with many or all of the goals and policies of the Fresno General Plan. The proposed project promotes reinvestment by proposing a quality development near expanding neighborhoods and the opportunity to continue development in the future and protects property values by constructing a compatible infill development on a currently underdeveloped site. Housing Element This project is located on a parcel listed in the 2013-2023 RHNA Housing Element Sites Inventory, which anticipates 57 units of very low/low income housing at this site. The 2013-2023 RHNA obligation for above moderate is 8,834 and the existing surplus capacity is 4,672 for a total existing capacity of 13,507 units. This project proposes the construction of 151 dwelling units of above moderate income housing, thus this project will cause a loss of 57 very low/low income units to the Sites Inventory, resulting in a the surplus capacity of 4,615 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. Public Services Sewer The applicant will be required to construct an 8-inch sanitary sewer main (including sewer house branches to adjacent properties) in East Jensen Avenue from the existing 30-inch sewer trunk located at the intersection of South Maple and East Jensen Avenues to the east property line of said project. The requirement listed above and additional requirements have been listed in the Public Works memo dated June 12, 2020 in order to provide service to the site. Water Water mains (including the installation of City fire hydrants) shall be extended with the proposed development to provide service. Water facilities are available to provide service to the site subject to the conditions listed in the Public Works memo dated June 12, 2020. FMFCD The Fresno Metropolitan Flood Control District (FMFCD) has indicated that the proposed development shall construct Strom Drainage and Flood Control Master Plan facilities located within the development. Certain Master Plan facilities will be eligible for fee credit against the drainage fee for the drainage area served by the facilities. These as well as additional requirements are listed in the memorandum from FMFCD dated June 29, 2020. The proposed project is not located within a flood prone area. All surface runoff will be directed towards South Maple and East Jensen Avenues. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources water; and, installation of fire sprinklers within future residential dwellings. Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Police The City of Fresno Police Department reviewed the proposed development and recommended that the applicant and its operators combat crime with the implementation of Crime Prevention through Environmental Design (CPTED) concepts. Examples that should be incorporated into the development's design include sufficient lighting, video surveillance systems and signage to deter crime. Public Input Neighborhood Meeting Prior to submittal of the proposed project, the applicant held a neighborhood meeting on November 20, 2019, in accordance with FMC Sections 15-5805 and 15-5006. Minutes of the meeting are available and are attached with the Master Application/Operational statement in Exhibit G. Council District Plan Implementation Committee The Council District 5 (CD5) Plan Implementation Committee recommended approval of this project at their July 13, 2020 meeting. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1,000 feet of the subject property, pursuant to Section 15-5007 of the Fresno Municipal Code. Further, the hearing continuances have been stated on all Planning Commission agendas. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Community Plan area, including the Fresno General Plan Master Environmental Impact Report (MEIR SCH No. 2012111015). 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; vehicle miles traveled generated by the project; and, student generation projections and school facility site location identification. The proposed project has been determined to be a subsequent project that is not fully within the scope of the MEIR SCH No. 2012111015 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 a Mitigated Negative Declaration for the proposed project, which is tiered off the Fresno General Plan Master Environmental Impact Report (MEIR No. 2012111015). It has been further determined that all applicable mitigation measures of SCH No. 2012111015 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 SCH No. 2012111015 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 MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. P20-00635/P20-00636 (Exhibit I) was published on February 10, 2021 with no comments or appeals received to date. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings contained within Sections 15-5812 and 15-5306 et seq. of the Fresno Municipal Code can be made. These findings are attached as Exhibit K to this report. 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 Roosevelt Community 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 and concludes that the required findings contained within Section 15-5812 and 15-5306 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed plan amendment, rezone and conditional use permit applications are appropriate for the project site. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Public Hearing Notice Map Exhibit D - Existing & Proposed Planned Land Use Map Exhibit E - Existing and Proposed Rezone Map Exhibit F Exhibits Exhibit G - Master Application/Operation Statement Exhibit H - Project Information Tables Exhibit I - Environmental Assessment No. P20-00635/P20-00636 Exhibit J - Draft Conditions of Approval Exhibit K - Fresno Municipal Code Findings