REPORT TO THE PLANNING COMMISSION March 4, 2020 FROM: DAN ZACK, Assistant Director Development Services Division THROUGH: ISRAEL TREJO, Supervising Planner Development Services Division BY: CHRIS LANG, Planner Development Services Division SUBJECT ..Title Consideration of Vesting Tentative Tract Map No. 6265/UGM, and related Environmental Assessment No. T-6265, for property located on the north side of East Tulare Street, between South Fowler Avenue and East Fancher Creek Drive (Council District 5). 1. ADOPT Environmental Assessment No. T-6265, dated March 4, 2020, a Class 32 Categorical Exemption for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. APPROVE Vesting Tentative Tract Map No. T-6265/UGM for a 25-lot single family residential subdivision subject to adoption of the Fresno Municipal Code Findings and compliance with the Conditions of Approval, included within the Staff Report to the Planning Commission dated March 4, 2020. ..Body EXECUTIVE SUMMARY Jose Lemus of LandDesign Consulting, Inc., on behalf of Raven Custom Homes, has filed Vesting Tentative Tract Map No. 6265/UGM pertaining to approximately 2.90 net acres of property located on the north side of East Tulare Street between North Fowler Avenue and East Fancher Creek Drive. Vesting Tentative Tract Map No. 6265 is a proposal to subdivide the property into a 25 lot single-family residential subdivision. The residential density of the proposed subdivision is approximately 8.6 dwelling units per acre (du/ac). The subject property is located within the Fresno General Plan and the Roosevelt Community Plan, and both plans designate the subject site for Medium Density Residential (5 to 12 du/ac) planned land uses. Lot sizes are being proposed in a manner which requires compliance with Section 15-904-B of the FMC, respective to the provision of an Enhanced Streetscape. However, the proposed lots sizes and the provisions of an enhanced streetscape do not otherwise alter the overall density of the proposed development. Therefore, the subject application is consistent with the planned land use and zoning for the project site, and will implement goals, objectives, and policies of the Fresno General Plan and the Roosevelt Community Plan. BACKGROUND / ANALYSIS Vesting Tentative Tract Map No. 6265/UGM proposes to subdivide approximately 2.90 net acres of property for purposes of facilitating a 25-lot conventional single family residential development. The subject property is located on the north side of East Tulare Street between North Fowler Avenue and East Fancher Creek Drive. The Fancher Creek Canal borders the subject property to the north, with existing single family residential uses to the west and south of the site. The property to the east is vacant, however planned and zoned for medium density residential. The existing RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zoning for the subject property and the proposed residential density of approximately 8.6 dwelling units per acre is consistent with the Medium Density Residential (5.0-12 du/ac) planned land use designation for the subject property. The proposed subdivision design will utilize elements of an "Enhanced Streetscape" for a portion of the subject property, which will allow application of the alternative development standards for single family residential development, as provided and defined within the City of Fresno Development Code. The proposed project will require dedications for public street rights-of-way as well as the installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications and policies of the City of Fresno. Landscaping/Walls/Open Space Vehicular access points will be provided to East Tulare Street, which is designated as a major, collector street. A 10-foot outlot for landscaping purposes is proposed along the entirety of the East Tulare Street frontage of the subject property, and will match that of the neighboring Tract to the west. Outlot "A" is to be dedicated for Bike, Pedestrian and Landscape purposes, and the applicant shall construct a Class I Bike and Pedestrian Trail. In accordance with Section 15-2002 of the Fresno Municipal Code (FMC), a 6-foot high masonry wall will be required to be constructed at the rear of the required 10-foot outlot along East Tulare Avenue, where access rights will be relinquished. The developer is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per home (whichever is greater) by the Developer. Furthermore, the developer is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 15-2309, Irrigation Specifications and AB1881. The long term maintenance and operating costs, including repair and replacement, of certain required public improvements ("Services") associated with all new single-family developments (e.g., landscaped areas, concrete curb and gutters, sidewalks, curb ramps, median islands, etc.) are the ultimate responsibility of the Developer. The Developer shall provide for maintenance of these "Services" either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno's Community Facilities District No. 11 ("CFD No. 11"). Lot Area and Dimensions The average lot size is approximately 3,100 square feet, which is below the minimum standard lot size for the RS-5 zone district of 4,000 square feet. The minimum lot size however may be reduced to 2,500 square feet if the structure complies with �15-904-B of the FMC, Enhanced Streetscape. These provisions require additional features such as ornamental designs, fa�ade features, and site layouts to promote a pedestrian oriented streetscape. The minimum lot depth in the RS-5 zone district is 70 feet, however the applicant proposes six of the 25 lots to have a depth of 65 feet. Fresno Municipal Code Section 15-4015-A-1 allows up to 25 percent of the total lots to be up to 20 percent smaller in width, depth and/or area than that normally required of the applicable zone district. Therefore, lots 20 through 25 comply with the provisions of the FMC to permit a five foot (nine percent) reduction in minimum lot depth. Building Setbacks Setbacks shall be required to comply with the standards of the RS-5 zone district and Table 15-903-2 of the Fresno Municipal Code. The minimum front yard setback is 13 feet, however for lots which propose enhanced streetscape, this setback may be reduced to five feet. Garage setbacks, regardless of enhanced streetscape, shall be a minimum of 18 feet from the back of curb or sidewalk. Public Services The Department of Public Utilities (DPU) has identified that adequate sanitary sewer services are available to serve the project site subject to implementation of the Fresno General Plan policies and the migration measures of the related Master Environmental Impact Report; 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 for construction and extension of sanitary sewer mains and branches. The proposed project will also be required to provide payment of sewer connection charges. The subject property is located within the boundaries of the Bakman Water District, and all water service requirements and/or restrictions shall comply with provisions of the water district. According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone or hazard area. The Fresno Metropolitan Flood Control District has indicated that permanent drainage service is available and that grading and drainage patterns are to direct drainage to the existing Master Plan inlet located in East Tulare Street. The Fresno Fire Department reviewed the proposed project for requirements relating to water supply, fire hydrants, and fire apparatus access to the building(s) on site. The proposed project was reviewed for compliance with fire and life safety requirements for the building interior. Its intended use is reviewed by both the Fire Department and the Building and Safety Section of Planning and Development when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. The project will be required to comply with the Fresno Fire Department's conditions listed in the memorandum dated December 11, 2019. Sidewalks, Streets and Access Points The Fresno General Plan designates East Tulare Street as a collector street. The proposed project will be required to dedicate and construct improvements along the major street frontage and interior local street with the proposed subdivision. Direct vehicular access will be relinquished along the major street frontages of proposed single family residential lots. The subdivision design includes two major street entryways to the interior of the subdivision from East Tulare Street. The interior local streets create a loop and are proposed to be dedicated in accordance with the City Standard 50-foot right-of-way which will provide for parking and sidewalks on both sides of the street. Additionally, pedestrian access will be provided to the proposed bike and pedestrian trail to be constructed along Outlot A. The proposed trail will be constructed to Public Works standards, and is consistent with the Active Transportation Plan and the Master Trails Plan. The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated December 19, 2019. These requirements generally include: (1) Dedication for public streets and right-of-way; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and, (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee and Fresno Major Street Impact (FMSI) Fee). Housing Element The proposed project is located on two sites listed in the 2013-2023 RHNA Housing Sites Inventory. The Housing Sites Inventory establishes the total minimum capacity of these sites to be 18 units with an affordability categorization of Above Moderate. The proposed project includes 25 units of market rate housing (Above Moderate), an increase of seven units, and complies with the Housing Element. PUBLIC NOTICE AND INPUT Council District Plan Implementation Committee The Council District 5 Project Review Committee reviewed the proposed project at their regular meeting on December 23, 2019. The Committee recommended approval of the project with a vote of 3-0. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property (see attached Noticing Vicinity Map - Exhibit G). Public Response At the time of publication, no questions or comments regarding the project have been received. LAND USE PLANS AND POLICIES As proposed, the project will be consistent with the Fresno General Plan goals and objectives related to residential land use and the urban form: * 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. * Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities. * Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth. * Promote orderly land use development in pace with public facilities and services needed to serve development. * Encourage the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities, building types, and affordability which are designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. Healthy communities demonstrate efficient development patterns providing for: Sufficient affordable housing development in appropriate locations; A mix of land uses and a built environment that supports walking and biking; Multimodal, affordable transportation choices; and, Safe public spaces for social interaction. 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 in accordance with Objective LU-1 of the Fresno General Plan. Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale 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. Likewise, Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities; and, Implementing Policy LU-5-c promotes medium density residential use to maximize efficient use of residential property through a wide range of densities. Objective UF-12 of the Fresno General Plan directs the City to locate roughly one-half of future residential development in infill areas - defined as being within the City on December 31, 2012 - including the Downtown core area and surrounding neighborhoods, mixed-use centers and transit-oriented development along major BRT corridors, and other non-corridor infill areas, and vacant land. Supporting Policy LU-1-a of the Fresno General Plan also promotes new development within the existing City limits as of December 31, 2012. Policies LU-1-e and LU-1-g recommend that annexations to the City conform to the General Plan Land Use Designations and maintain the City's current Sphere of Influence (SOI) Boundaries without additional expansion. The subject property (approximately 2.90 net acres) qualifies as infill development as it is substantially surrounded by developed property and within the boundaries of the City of Fresno. Evaluation of public services capacity and availability for the area has determined that public infrastructure improvements exist within the area to serve existing development within the vicinity as well as future development on the subject property. Water mains and sewer mains have been developed in the subject quarter section to provide service for the proposed development. Furthermore, the proposed project will be obligated to pay fair share and proportional payment of fees and all development mitigation costs. The goals of the Roosevelt Community Plan include providing for a revitalized, self-sustaining, and holistic community, as well as promoting the visual enhancement of existing neighborhoods and developing areas, and to provide for adequate housing opportunities, balanced urban growth, and efficient use of resources and public facilities. Upon reviewing the policies contained in the Roosevelt Community Plan, staff has determined that, with the exception of Policy 1-7.1 pertaining to design standards and guidelines which have been incorporated into project Conditions of Approval (Exhibit H), there are no policies that are applicable or which control based upon the prior of the plans specified in Section 15-104-B-4 of the FMC. Therefore it is staff's opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. Furthermore, the proposed project, including the design and improvement of the subject property, is found; (1) To be consistent with the goals, objectives and policies of the applicable Fresno General Plan and Roosevelt Community Plan; (2) To be Suitable for the type and density of development; (3) To be safe from potential cause or introduction of serious public health problems; and, (4) To not conflict with any public interests in the subject property or adjacent lands as set forth with the findings stated in Exhibit F. ENVIRONMENTAL FINDING The Fresno City Council adopted and certified the Master Environmental Impact Report (SCH # 2012111015) prepared for the Fresno General Plan ("MEIR") which evaluated environmental impacts associated with the development of the City consistent with the land use designations as designated by the Fresno General Plan. MEIR SCH No. 2012111015 was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) as codified in the California Public Resources Code, Division 13, and the implementing guidelines as codified in the California Code of Regulations, Title 14, Chapter 3. This process included the distribution of requests for comment to other responsible or affected agencies and interested organizations and persons. These previous environmental and technical studies 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; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium Density Residential (5 to 12 du/ac) planned land use designation and existing RS-5/UGM (Single Family Residential, Medium Density/Urban Growth Management) zone district classification for the subject site. Thus, the proposed subdivision of the subject property in accordance with Tentative Tract Map No. 6265/UGM will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property and its surrounding area. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. To the extent the proposed project pursuant to Tentative Tract Map No. 6265/UGM may not have been previously assessed, Planning and Development staff have performed an additional evaluation of the proposed project and have determined that it falls within the Categorical Exemptions set forth in Section 15332/Class 32 of the California Environmental Quality Act Guidelines (CEQA), which exempt certain projects involving the development of residential housing that: (1) Are consistent with the applicable Fresno General Plan and Roosevelt Community Plan as well as with applicable zoning designations and regulations; (2) Located within City limits on a project site of not more than five acres substantially surrounded by urban uses; (3) Have no value as habitat for endangered, rare or threatened species; (4) Would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, (5) Can be adequately served by all required utilities and public services. The Environmental Assessment is attached as Exhibit J. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings contained within FMC Section 15-3309 (Vesting Tentative Tract Map Findings) of the Fresno Municipal Code can be made. These findings are attached as Exhibit F. GROUNDS FOR DENIAL OF TENTATIVE MAP The Subdivision Map Act (California Government Code �� 66410, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made. 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the SMA. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access of or use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. Staff has reviewed the proposed vesting tentative tract map and has determined that none of the findings above apply to the project and, therefore, has recommended approval subject to the conditions of approval. CONCLUSION / RECOMMENDATION 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. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 6265/UGM is appropriate for the project site. Planning Commission action on the proposed Vesting Tentative Tract Map, unless appealed to the Council, is final. Attachments: Exhibit A: Vesting Tentative Tract Map No. 6265/UGM dated March 4, 2020 Exhibit B: Operational Statement Exhibit C: 2020 Aerial Photograph of Site Exhibit D: Vicinity Map Exhibit E: Fresno General Plan Planned Land Use Map Exhibit F: Fresno Municipal Code Findings Exhibit G: Noticing Vicinity Map (1000 feet) Exhibit H: Conditions of Approval for Vesting Tentative Tract Map No. 6265/UGM dated March 4, 2020 Exhibit I: Comments and Requirements from Responsible Agencies Exhibit J: Environmental Assessment No. T-6265, dated March 4, 2020