REPORT TO THE CITY COUNCIL October 22, 2015 FROM: JENNIFER K. CLARK, Director Development and Resource Management Department THROUGH: MIKE SANCHEZ, Assistant Director Development Services Division BY: STAFF Development Services Division SUBJECT ..Title HEARING to consider Rezone Application No. R-14-010 filed by Jeffrey T. Roberts, on behalf of C&A Farms, which pertains to an approximately 414.8 acres property generally bounded by W. Whites Bridge Avenue, S. Hughes Avenue, W. Church Avenue, and S. Marks Avenue (Council District 3) 1. Adopt a Finding of Conformity to the Fresno General Plan Master Environmental Impact Report as Environmental Assessment No. R-14-010 dated August 14, 2015. 2. BILL - (For introduction and adoption) - Approving Rezone Application No. R-14-010 requesting authorization to amend the Official Zone Map to reclassify the subject property from the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) and R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) zone districts to the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district and to remove several conditions of zoning listed in Ordinance No. 2004-140 for Rezone Application No. R-04-097. ..Body RECOMMENDATIONS Staff recommends that the City Council take the following actions: 1. Adopt a Finding of Conformity to the Fresno General Plan Master Environmental Impact Report as Environmental Assessment No. R-14-010 dated August 14, 2015. 2. ADOPT BILL approving Rezone Application No. R-14-010 requesting authorization to amend the Official Zone Map to reclassify the subject property from the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) and R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) zone districts to the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district and to remove several conditions of zoning listed in Ordinance No. 2004-140 for Rezone Application No. R-04-097. EXECUTIVE SUMMARY Rezone Application No. R-14-010 was filed by Jeffrey T. Roberts, on behalf of C&A Farms. The application pertains to approximately 414.8 acres of property generally bounded by West Whites Bridge Avenue, South Hughes Avenue, West Church Avenue, and South Marks Avenue. The rezone application was filed by the applicant to clean up the zoning on the subject property and remove several conditions of zoning which pertain to a development project known as "Running Horse" that is no longer a viable project. The rezone request will also bring the subject property into conformance with the Fresno General Plan planned land uses. Rezone Application No. R-14-010 proposes to amend the Official Zone Map and reclassify the subject property from the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) and R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) zone districts to the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district and to remove several conditions of zoning listed in Ordinance No. 2004-140 for Rezone Application No. R-04-097. The subject property is located within the Fresno General Plan, the Edison Community Plan, and the Fresno-Chandler Downtown Airport Master Plan; the plans designate the subject property for Medium Low Density Residential (3.5 to 6.0 dwelling units per acre) and Public/Quasi-public Facility planned land uses. Therefore, the subject application is consistent with the Fresno General Plan, the Edison Community Plan, and the Fresno-Chandler Downtown Airport Master Plan. BACKGROUND History The subject property is known as part of the "Running Horse" development. Rezone Application No. R-04-097 assigned R-1/UGM/cz and R-2/UGM/cz zoning to the subject property, which included approximately 455 acres. The "Running Horse" development was never completed and the property went into foreclosure. C&A Farms, owned and controlled by Granville Homes, has since purchased a portion of the property included in the above mentioned rezone. Their property is currently commercially farmed with almond trees as an "interim" use. The intent for their property is for it to be developed with single family residential uses in accordance with the Fresno General Plan. The property owner intends to develop a master plan for the area to guide future development and has engaged in some preliminary discussions with area residents. Within the boundaries of Rezone Application No. R-14-010 there are several properties that are not owned by C&A Farms. These properties are included in the rezone request to clean up the existing conditions of zoning tied to those properties. Conditions of Zoning In 2004, the Fresno City Council adopted Rezone Application No. R-04-097 which added 12 conditions of zoning to the subject property, which are outlined in Ordinance No. 2004-140 for Rezone Application No. R-04-097 (Exhibit 7). The applicant is proposing to remove three of these existing conditions of zoning and staff is proposing to add two conditions of zoning pertaining to park space and Kearney Boulevard. Staff is also proposing to amend the conditions of zoning for properties not owned by C&A Farms in order to remove those conditions that are no longer applicable. Below are the three conditions of zoning proposed to be removed from all properties shown in Exhibit 1. * The outlots identified in Conditional Use Permit Application No. C-04-237 and shown as golf course on Exhibit 2 (which is not being considered at his hearing), although zoned R-1/UGM/cz, shall only be permitted for golf course development to ensure that the applicant completes a unified development of the entire Running Horse residential golf course community. * Implementation of the approved zone districts and development of the properties described by Rezone Application No. R-04-97 shall be subject to the implementation of the mitigation measures established by the certification of Final Environmental Impact Report No. 10134 (20044041023). * Applicant shall secure at least 380-acre feet of surface water annually for golf course irrigation and recharge purposes. The request to remove the above mentioned conditions of zoning is supported by staff given that the "Running Horse" project is no longer a viable project. Since the rezoning of the subject property for the "Running Horse" project was approved, the Fresno General Plan has updated the planned land uses within the subject property. The changes to the land use designations were environmentally assessed under the new Master Environmental Impact Report (MEIR) that was completed with the General Plan update. The Environmental Impact Report completed for the Running Horse project is now 11 years old and pertains to a project that is no longer viable. The environmental assessment for the proposed rezone was tiered off of the new MEIR. Therefore, there is no significant impact from the proposed removal of the above mentioned conditions of zoning. Below are the two conditions of zoning proposed to be added by staff. The park space condition was added by Staff at the direction of the City Council in July 2015. Pursuant to Resolution No. 2015-133 for Plan Amendment Application No. A-15-001, a condition of zoning was to be added to the rezone application on file for the property that demands the park space requirement be met. Each of the conditions below impact different properties within the project area. They are shown in Exhibit 10. * Public park space shall be provided per the requirements of the General Plan and any subsequent Specific Plan, Parks Master Plan or other applicable plan. * Future lots that abut Kearney Boulevard Frontage Road shall front onto Kearney Boulevard Frontage Road. The applicant shall submit elevations to the Development and Resource Management Department for review and approval prior to issuance of building permits. The applicant has requested to add the following sentence to the first condition regarding park space: "The cost of the park facilities shall be a credit against applicable park fees in place at the time of development." Planning staff has reviewed the request made by the applicant in consultation with Public Works staff and has determined that the General Plan is not the correct document to determine payment for park improvements. The Park Impact Fee Nexus Study will outline the criteria for fee credits. Therefore, staff is proposing to add the above mentioned condition without the language requested by the applicant. The Planning Commission recommended other language regarding park space, but that after staff communication with applicant, staff is now recommending the language mentioned above in the first point. The applicant is in support of adding the second condition regarding Kearney Boulevard mentioned above. This condition is being added by staff to provide consistency and recognize the historic nature of Kearney Boulevard. Land Use Plans and Policies Fresno Chandler Downtown Airport Master Plan A portion of the subject property is located within the Traffic Pattern Zone of the Fresno Chandler Airport. Currently, there are six conditions of zoning which impact the entire property. These conditions will remain; however, they will only be tied to properties within the Traffic Pattern Zone. This is outlined in Exhibit E of Exhibit 10. Edison Community Plan The subject property is designated for Medium Low Density Residential and Public/Quasi-public Facility planned land uses by the Edison 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 Fresno Municipal Code. Fresno General Plan The subject property is designated for Medium Low Density Residential and Public/Quasi-public Facility planned land uses. The Fresno General Plan includes goals and policies which provide an emphasis on compatible infill development opportunities. The Fresno General Plan also supports balanced urban growth and the efficient use of resources and public facilities. Additionally, Policy LU-5-b of the Fresno General Plan states, in part: Promote Medium-Low Density Residential uses to preserve existing uses of that nature. The proposed project meets the intent of many or all of the goals, objectives, and policies of the Fresno General Plan referenced herein above. In conclusion, the proposed rezone is consistent with many or all of the goals and policies of the Fresno General Plan. The rezone request promotes consistency with the planned land uses designated by the Fresno General Plan. Future development of the property will preserve and protect the character of Kearney Boulevard given the proposed condition of zoning which will assist with that development. Public Notice and Input Notice of Hearing The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 350 feet of the subject property (Exhibit 3), pursuant to Section 12-401-C-2 of the Fresno Municipal Code. District Committee The District 3 Plan Implementation Committee approved the rezone application at their meeting on May 5, 2015 and September 14, 2015. The committee reviewed the conditions of zoning recommended by the Planning Commission. Property Owner Meeting A letter to property owners within the boundaries of Rezone Application No. R-14-010 was mailed on August 11, 2015. The letter was an invitation to a meeting on August 27, 2015 at City Hall to learn more about the rezone application and the proposed modifications. Staff received one phone call from a property owner and a representative of another property owner attended the meeting. The two property owners seem to be in support of the proposal. The applicant is in support of staff's recommendation, with the proposed modification mentioned above. Airport Land Use Commission The Airport Land Use Commission (ALUC) reviewed the proposed rezone application on August 31, 2015. The ALUC found that the proposed rezone was consistent with the Fresno-Chandler Downtown Airport Master Plan. However, their recommendation excluded the conditions of zoning proposed to be added by Planning staff. The ALUC stated that the two conditions did not apply to their review. Fresno City Planning Commission Action Rezone Application No. R-14-010 was considered by the Fresno City Planning Commission at its meeting on September 16, 2015. One member of the public spoke in opposition of the rezone and no one spoke in support. The community member in opposition was concerned with rezoning the property from the R-2 zone district to R-1 zone district, which would lower the density. However, the subject property is planned for Medium Low Density Residential planned land uses by the Fresno General Plan and the proposed R-1 zone district is consistent with the planned land use. After a complete hearing, the Commission voted and recommended the City Council approve the rezone application subject to adding the following conditions of zoning: * Public park space shall be required as part of this development. A minimum of two Neighborhood Parks and one Community Park (as defined by the Fresno General Plan) are required. The amenities in the park may include, but are not limited to covered tot-lots, shaded areas, covered benches, fields, parking, and water fountains. The final size of the three parks, amenities, and location of the park space shall be determined by the Director of the Parks Department. The proposed parks shall be advertised on the City's website as public parks. * Future lots that abut Kearney Boulevard Frontage Road shall front onto Kearney Boulevard Frontage Road. The applicant shall submit elevations to the Development and Resource Management Department for review and approval prior to issuance of building permits. After the Planning Commission hearing, Staff from the Development and Resource Management Department and the Parks and Recreation Department met with the applicant to discuss the condition of zoning related to park space. After discussion, the Development and Resource Management Department proposes to modify the condition of zoning related to park space to state: "Public park space shall be provided per the requirements of the General Plan and any subsequent Specific Plan, Parks Master Plan or other applicable plan." Staff is recommending the City Council approve the proposed rezoning of the subject property to R-1/UGM zone district and modifying the conditions of zoning since the zoning is consistent with the Medium Low Density Residential planned land use of the Fresno General Plan. ENVIRONMENTAL FINDING The Development and Resource Management Department staff has prepared an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report (MEIR) SCH No. 2012111015 prepared for the Fresno General Plan adopted by the Fresno City Council on December 18, 2014. The changes to the land use designations were environmentally assessed under the new MEIR that was completed with the General Plan update. The environmental assessment for the proposed rezone is tiered off of the new MEIR. Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project. The proposed rezone will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted zoning and planned land use designations. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. It has been further determined that all applicable mitigation measures of the MEIR have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by the MEIR as provided by California Environmental Quality Act (CEQA) Guidelines Section 15177(b)(3). A public notice of the attached Finding of Conformity for Environmental Assessment Application No. R-14-010 was published on August 14, 2015 with no comments or appeals received to date. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the city a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department. Attachments: Exhibit 1: Subject Property Map Exhibit 2: 2015 Aerial Photograph Exhibit 3: Public Hearing Notice Mailing List Vicinity Map Exhibit 4: Fresno General Plan Land Use Map Exhibit 5: Existing Zoning Exhibit Exhibit 6: Proposed Zoning Maps Exhibit 7: Ordinance Bill No. 2004-140 for R-04-097 Exhibit 8: Environmental Assessment Application No. R-14-010 Exhibit 9: Planning Commission Resolution No. 13342 Exhibit 10: City Council Ordinance Bill for Rezone Application No. R-14-010