REPORT TO THE PLANNING COMMISSION January 4, 2023 FROM: PHILLIP SIEGRIST, Planning Manager Planning & Development Department BY: JOSE VALENZUELA, Supervising Planner Planning & Development Department SUBJECT ..Title Consideration of Conditional Use Permit Application No. P21-01385 and related Environmental Assessment No. P21-01385/P21-04202 for approximately �14.57 acres of property located on the northeast corner of East Behymer and North Maple Avenues. (Council District 6) - Planning and Development Department. 1. CONSIDER Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. P21-01385/P21-04202, dated September 27, 2021, for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. DENY the applicant's appeal and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P21-01385, a request to construct a commercial development, subject to Conditions of Approval dated December 24, 2021. ..Body EXECUTIVE SUMMARY Conditional Use Application No. P21-01385 and the related Environmental Assessment was filed by Bonique Emerson of Precision Civil Engineering, Inc., on behalf of S&B Holdings LP and Master Storage 365 and pertains to �14.57 acres of property located on the northeast corner of East Behymer and North Maple Avenues. Conditional Use Permit Application No. P21-01385 proposes to construct a �153,545 square-foot combination full-service storage facility (mini-storage), office suites, a �6,900 square-foot commercial retail building, a �2,695 square-foot fast-food restaurant with a drive-through, and a �5,515 square-foot combination Automobile Service Station and Convenience Store building with attached �2,420 square-foot carwash building detached fueling canopy. The subject property is zoned CC (Community Commercial). The project was approved by the Director on December 24, 2021 and is being considered by the Planning Commission based on an appeal received from a member of the public (Exhibit O - Appeal Letter). Staff recommends upholding the Planning and Development Director's approval based on evidence detailed in this staff report and that specific findings made by the Director in approving the Conditional Use Permit in Sections 15-5306 of the FMC remain valid. BACKGROUND Bonique Emerson of Precision Civil Engineering, Inc., on behalf of S&B Holdings LP and Master Storage 365, filed Conditional Use Permit Application No. P21-01385 pertaining to �14.78 acres of vacant property located on the northeast corner of East Behymer and North Maple Avenues. Surrounding Property Information The subject property is planned and zoned for Community Commercial uses. The areas surrounding the subject property have been developed primarily with single-family residential neighborhoods and small-scale commercial developments. Properties immediately to the north, east and south have been substantially developed with single-family residences. West of the subject project (across North Maple Avenue) consists of a small-scale commercial development comprised of an automobile service station and convenience store (Shell/Vallee Food & Deli), a drive-through coffee shop (Dutch Bros Coffee), several restaurants (Subway, Me n Ed's Pizzeria, Benediction, and Sprinkle Donuts) and commercial businesses (Knotty Doggy Bath House and Classic Cleaners). Related Parcel Map Related Tentative Parcel Map No. 2021-14 (Project ID No. P21-04202) proposed to subdivide the 14.57-acre property (�10.92 net acres) into three (3) parcels (Parcels A, B, & C) for purposes of this development. Parcel Map No. 2021-14 was approved by the Planning and Development Department Director on December 20, 2021, and the final map was subsequently recorded on August 15, 2022. Project Description Conditional Use Permit Application No. P21-01385 was filed for purposes of facilitating physical development of the site and to establish conditionally permitted special uses (drive through facility, self-storage, and service station) on the site as follows: Parcel A (�1.41 acres): construction of a �5,515 square-foot combination Automobile Service Station and Convenience Store building (�3,623 square-feet will be dedicated for a convenience store and �1,892 square feet for a restaurant) with attached �2,420 square-foot carwash building with a drive-through lane and a fueling canopy with 16 stations (8 dispensers). Parcel B (�1.58 acres): construction of a �6,900 square-foot commercial retail shell building and a �2,695 square-foot fast-food restaurant with a drive-through; and Parcel C (�7.93): construction of a combination full-service storage facility (mini-storage)/office suites that includes �153,545 square feet of storage units comprised of 13 buildings; one of which is �13,627 square-foot consisting of office/reception area with additional climate-controlled storage space; and a �16,551 square-foot multi-tenant office building. The overall development will also include the installation of on and off-site improvement including but not limited to curbs, gutters, sidewalks, and landscaping. In addition, the development will include two (2) drive approaches along North Maple Avenue and four (4) drive approaches along East Behymer Avenue. For informational purposes, the Fresno General Plan designates East Behymer and North Maple Avenues as Arterial (4-lanes) streets. 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 interested agencies in order to facilitate the proposed development of the subject property. Land Use and Zoning The subject property is located within the Fresno General Plan and Woodward Park Community Plan areas and is designated for Commercial Community planned land uses which is consistent with the properties underlying zone district classification of CC (Community Commercial). Pursuant to Table 15-1202 (Land Use Regulations - Commercial Districts) of the Fresno Municipal Code (FMC), Restaurants (without alcohol sales) and General Retail, are permitted "by right" in the CC zone district. However, drive-through facilities, self-storage, and service stations are permitted in the CC zone district subject to an approved conditional use permit application and additional regulations for special uses pursuant to FMC Sections 15-2728 (Drive-in and Drive-Through Facilities), 15-2747 (Personal Mini Storage), and 15-2755 (Service Stations). Fresno Municipal Code Given the conditions of approval, Conditional Use Permit Application No. P21-01385 will: meet all of the provisions of the FMC, including but not limited to setbacks, transition standards, parking, landscaping, screening, buffers, and connectivity; will comply with all applicable design guidelines and development standards for commercial uses in the CC (Community Commercial); and comply with additional regulations for specific uses including but not limited to FMC Sections 15-2728 (Drive-in and Drive-Through Facilities), FMC Section 15-2747 (Personal Mini Storage); and FMC Section 15-2755 (Service Stations). Public Services Sewer The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main located in East Behymer Avenue and a 15-inch sewer main located in North Maple Avenue. The applicant will be required to install sewer house branches to the property, abandon any existing on-site private septic systems, and pay applicable sewer connection charges and fees. The requirements listed above, and additional requirements have been listed in the Department of Public Utilities memo dated June 29, 2021. Water Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated June 29, 2021. FMFCD The subject property is located in the Fresno Metropolitan Flood Control District's (FMFCD) Drainage Area "BZ." The FMFCD has indicated that the proposed development is located within a flood prone area. Permanent drainage facility service is not available, and the developer shall be required construct Strom Drainage and Flood Control Master Plan facilities located within the development. These as well as additional requirements are listed in the memorandum from FMFCD dated June 25, 2021. 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 apparatus access to the buildings on site. 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. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P21-01385. Given the conditions of approval, the project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated December 24, 2021. LAND USE PLANS AND POLICIES Fresno General Plan 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. As demonstrated above, the subject property is planned and zoned for Community Commercial uses. According to the Fresno General Plan, the Community Commercial planned land use designation is intended for commercial development that primarily serves local needs such as convenience shopping and small offices. Many of the city's current commercial districts fall into this designation. Specific uses allowed include medium scale retail, office, civic and entertainment uses, supermarkets, drug stores and supporting uses. The Fresno General Plan provides goals, objectives, and policies to guide development. As proposed, the project will be consistent with the following Fresno General Plan goals: 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 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. The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Economic Development elements of the Fresno General Plan: Objectives * 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. * Objective 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. * Objective H-1: Protect the citizens of the city from the harmful and annoying effects of exposure to excessive noise. Implementing Policies o Policy 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. o Policy 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. o 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 o Community commercial centers will be located within Activity Centers. o Policy H-1-a: Noise-sensitive land uses impacted by existing or projected future transportation noise sources shall include mitigation measure so that resulting noise levels do not exceed the standards show in Table 5.11-7. Woodward Park Community Plan The subject property is designated for Community Commercial planned uses by the Woodward Park Community Plan. Upon reviewing the policies contained in the Woodward Park Community Plan, staff has determined that with the development proposed under Conditional Use Permit Application No. P21-01385, 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 Woodward Park Community Plan, pursuant to Section 15-104-D-4 of the FMC, the FMC shall control. 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 Woodward Park Community Plan. In conclusion, the proposed project is consistent with many or all the goals and policies of the Fresno General Plan and Woodward Park Community 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. Public Notice and Input Council District Plan Implementation Committee On August 16, 2021, the Council District 6 (CD6) Project Review Committee recommended approval of this project at their August 16, 2021, meeting. Notice of Intent to Take Action On October 20, 2021, the Planning and Development Department mailed a Notice of Intent to Take Action to surrounding property owners within 1,000 feet of the subject site in accordance with FMC Sections 15-5007 and 15-5905 (Exhibit L - Notice of Intent to Take Action). Three (3) letters of protest were received which cited noise, screening, emissions, and toxic air contaminant concerns potentially generated by the proposed commercial development. These protest letters are attached as Exhibit M. Notice of Action On January 3, 2022, the Planning and Development Department mailed the Notice of Action (Exhibit N - Notice of Action) to individuals who filed a written request for such notification pursuant to FMC Section 15-5009. Appeal On January 18, 2022, a timely appeal was submitted to the Planning and Development Department (Exhibit O - Appeal Letter). The letter expressed potential concerns with toxic emissions, noise, traffic, economic, and criminal impacts as a result of the proposed commercial development. On January 27, 2022, the applicant and appellant agreed to discuss concerns. Therefore, the subject appeal was not immediately scheduled for consideration by the Planning Commission. Notice of Planning Commission Hearing On December 23, 2022, 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 (Exhibit P - Notice of Public Hearing). 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. P21-01385/P21-04202 (Exhibit I) was published on September 27, 2021, with no comments or appeals received to date. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings contained within Section 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 Woodward Park 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 15-5306 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed conditional use permit application is appropriate for the project site. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Public Hearing Notice Map Exhibit D - Existing Planned Land Use Map Exhibit E - Existing Zone Map Exhibit F - Exhibits Exhibit G - Operational Statement Exhibit H - Project Information Tables Exhibit I - Environmental Assessment No. P21-01385/P21-04202 Exhibit J - Conditions of Approval Exhibit K - Fresno Municipal Code Findings Exhibit L - Notice of Intent to Take Action Exhibit M - Protest Letters Exhibit N - Notice of Action Exhibit O - Appeal Letter Exhibit P - Notice of Public Hearing Supplemental Exhibit Q - Support to Public Hearing Notice Supplemental Exhibit R - Opposition to Public Hearing Notice