REPORT TO THE PLANNING COMMISSION March 6, 2024 FROM: ISRAEL TREJO, Planning Manager Planning and Development Department THROUGH: ROB HOLT, Supervising Planner Planning and Development Department BY: LUKE RISNER, Planner Planning and Development Department SUBJECT ..Title Consideration of Conditional Use Permit Application No. P23-02068 and related Environmental Assessment No. P23-02068 pertaining to approximately 0.71 acres of property located on the east side of North Van Ness Avenue and west side of North College Avenue, adjacent of the existing canal south of East Elizabeth Street (Council District 3) - Planning & Development Department. 1. ADOPT Environmental Assessment No. P23-02068 dated December 27, 2023, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332/Class 32 (Infill Development) of CEQA Guidelines. 2. APPROVE Conditional Use Permit Application No. P23-02068 which requests authorization to convert existing office spaces into 16 multi-family residential dwelling units, subject to compliance with the Conditions of Approval dated March 6, 2024. ..Body EXECUTIVE SUMMARY Ramirez Land Planning, Inc. has filed Conditional Use Permit Application No. P23-02068 pertaining to approximately 0.71 acres of property located on the east side of North Van Ness Avenue and west side of North College Avenue, adjacent south of the existing canal south of East Elizabeth Street. Conditional Use Permit Application No. P23-02068 proposes to convert existing office spaces into 16 multi-family residential dwelling units. The subject property is located within the boundaries of the Fresno General Plan, Fresno High-Roeding Community Plan, and Tower District Specific Plan. Pursuant to Fresno Municipal Code (FMC) Section 15-906, when a Multi-Unit Residential use is proposed in the RS-5 zone district, the RM-1 zone district development standards apply excepting density requirements, which remain within the RS-5 density range of between 5 and 12 dwelling units per acre. The project complies with the RM-1 zone district development standards (as detailed below) pursuant to FMC Section 15-906. BACKGROUND 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 FMC Section15-906. Pursuant to FMC Section 15-906.B, Multi-Family Residential applications in the RS-5 zone district are required to be heard and decided upon by the Planning Commission. The subject property is currently developed for office uses and located on a developed block, surrounded by single-family residences to the east and south, multi-family residential apartments to the west and north, and a used bookstore to the north. A Fresno Irrigation District (FID) canal runs along the northerly property line. The proposed office to multi-family residential conversion will consist of two (2) one-bedroom, twelve (12) two-bedroom and two (2) three-bedroom dwelling units. The subject property includes 21 parking spaces. Pursuant to Section 15-2016.B, the project is conditioned to provide a trash enclosure on the property. Vehicular access to the site is provided with ingress only from an existing drive approach along North College Avenue and egress only from an existing drive approach along North Van Ness Avenue. Density The project proposes the conversion of office spaces to multi-family residential development consisting of 16 dwelling units on approximately 0.71 acres of property designated for Medium Density Residential and Commercial - Main Street planned land uses. Medium Density Residential has an allowable density range of 5 to 12 units per acre and Commercial - Main Street has no maximum density. As proposed, the 4 units on the approximately 0.34-acre RS-5 (Single Family Residential, Medium Density) zoned portion of the subject property would result in a density of 11.76 dwelling units per acre. The 12 units proposed on the approximately 0.37-acre CMS (Commercial - Main Street) zoned portion of the subject property would result in a density of 32.43 dwelling units per acre. 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. Fresno Municipal Code Pursuant to FMC Section 15-906-D, the property development standards of the RM-1 (Multi-Family Residential, Medium High Density) zone district shall apply to the underlying RS-5 (Single Family Residential, Medium Density) zone district. Setbacks The minimum front setback is 10 feet in the RM-1 zone district and the maximum is 20 feet if the project is located within a Priority Area as shown in Figure IM-1 of the General Plan. The subject property is located within a Priority Area. The front setback along North College Avenue is approximately eighteen (18) feet which complies with this FMC requirement. The maximum front setback for the CMS district is 10 feet, and the front setback along North Van Ness Avenue is approximately twenty (20) feet. However, Section 15-405.B allows any legal non-conforming structure or site feature to be continued indefinitely. The buildings were permitted prior to the adoption of the current Fresno Municipal Code; therefore, the frontage coverage does not have to meet the front setback as required per the FMC. On the easterly parcel, the interior side setback is ten (10) feet total with four (4) feet per side. From the southern interior lot line, the building is setback approximately ten (10) feet. From the northern interior lot line, the building is setback approximately 64'-6". This complies with the requirement for the RM-1 zone district. All setbacks other than the front setback do not apply to the CMS zone district. Lot Coverage The maximum lot coverage for the RM-1 zone district is 50%. As proposed, the lot coverage for the RM-1 zoned portion of the site is approximately 27%. 41%, which complies with the FMC requirement of a 50% maximum lot coverage in the RM-1 zone district. There is no lot coverage requirement for the CMS zone district. Open Space The minimum open space requirement for the RM-1 zone district is 20% and for the CMS zone district is 15%. As proposed, approximately 28% of the site is counted towards open space which complies with the FMC requirement of 20% minimum open space in the RM-1 zone district and the 15% minimum open space requirement in the CMS zone district. Parking Pursuant to FMC Section 15-2412.B, the parking area or space requirements imposed by the provisions of the FMC shall not apply upon a change of use for any building or structure which is older than 30 years old. Records made available to the Planning & Development Department show that these lots were developed prior to 1993, therefore, parking area or space requirements imposed by the provisions of the FMC do not apply. Given the conditions of approval dated March 6, 2024, Conditional Use Permit Application No. P23-02068 meets all of the provisions of the FMC, including but not limited to setbacks, transition standards, parking, 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) and CMS/AH (Commercial Main Street/Apartment House) zone districts. Other Agencies 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. For sanitary sewer service, these infrastructure improvements and facilities include typical requirements including the construction and extension of sanitary sewer mains and branches if the existing sewer branches are not adequate and/or operational. The proposed project will also be required to provide payment of sewer connection charges if not previously paid with the existing sewer service at the property. For water service, required infrastructure improvements and facilities include installation of new water services and meters if the existing water services and meters at the property are not adequate and/or operational. For solid waste services, a trash bin enclosure will be required on-site. Fresno Metropolitan Flood Control District According to the Fresno Municipal Flood Control District (FMFCD), the subject site is located within a flood prone zone 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 remain as existing. Fresno Fire Department The Fresno Fire Department (FFD) 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 limit, in addition to having mutual aid agreements with the Fresno County Fire Protection District and the City of Clovis Fire Departments. Based on the conditions received from the Fire Department dated September 1, 2023, the subject property will be served by Fire Station 9, which is located at 2340 North Vagedes Avenue (approximately 2.3 miles away). FFD also requires all units to be fire sprinklered prior to occupancy. All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P23-02068. Given the conditions of approval, the project will comply with all zoning requirements as incorporated into the conditions of approval dated March 6, 2024 (Exhibit H). Public Notice and Input Neighborhood Meeting Prior to project submittal, the applicant held a neighborhood meeting on October 12, 2023, and noticed property owners within 1000 feet of the subject property. The property owner prepared an overview of the project, including exhibits of the proposed development. No residents or properties from within the neighborhood attended the meeting (Exhibit G). Council District Project Review Committee The Council District 3 Project Review Committee did not provide input as the scheduled August 22, 2023 meeting date was cancelled due to a lack of quorum. Tower District Design Review Committee The Tower District Design Review Committee voted to recommend approval of this project at the September 19, 2023 meeting, 4 votes to 0. The recommendation was based on the proposal that the existing buildings would remain in style and character. The applicant is not proposing any changes to the building fa�ades. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices for the March 6, 2024 Planning Commission Hearing to surrounding property owners within 1000 feet of the subject property on February 23, 2024 (Exhibit F). LAND USE PLANS AND POLICIES The Fresno General Plan designates the subject property for Medium Density Residential and Commercial Main Street 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 the conversion of the existing site with a 16-unit, multi-family residential project which is the intent of the Fresno General Plan for this property. Objectives and policies within the Fresno General Plan support diverse housing types and efficient and equitable use of resources. 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 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-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. * 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. The proposed project would allow development on existing properties within the City of Fresno. The project promotes multi-family residential development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development. 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. Fresno High-Roeding Community Plan The subject property is designated for Commercial Main Street/Apartment Homes and Medium Density Residential planned uses by the Fresno High-Roeding Community 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. Tower District Specific Plan The subject property is designated for Commercial - Main Street and Medium Density Residential planned land uses by the Tower District 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. 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. P23-02068 was completed for this project on December 27, 2023 (Exhibit J). 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 E. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, Fresno High-Roeding Community Plan, and the Tower District 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. P23-02068 is appropriate for the subject property. ATTACHMENTS: Exhibit A - Project Exhibits (Site Plan, Floor Plan, & Elevations) [8-14-2023] Exhibit B - Operational Statement [8-14-2023] Exhibit C - Aerial Map Exhibit D - Fresno General Plan Land Use & Zoning Map Exhibit E - Fresno Municipal Code Findings Exhibit F - Public Hearing Notice Radius Map (1,000 feet) Exhibit G - Neighborhood Meeting Minutes Exhibit H - Conditions of Approval for Conditional Use Permit P23-02068 [3-6-2024] Exhibit I - Comments & Requirements from Responsible Agencies Exhibit J - Environmental Assessment P23-02068 [12-27-2023]