REPORT TO THE PLANNING COMMISSION March 4, 2020 FROM: DANIEL ZACK, Assistant Director Development Services Division BY: ISRAEL TREJO, Supervising Planner Development Services Division SUBJECT ..Title Consideration of Vesting Tentative Tract Map No. 6275, Planned Development Permit Application No. P19-01850 and related Environmental Assessment No. T-6275/P19-04842, for property located south of the intersection of North Alicante and North Crest View Drive, within the Copper River Ranch planned community. (Council District 6) 1. ADOPT Environmental Assessment No. T-6275/P19-04842, dated January 24, 2020, a Mitigated Negative Declaration for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. APPROVE Planned Development Permit No. P19-04842 subject to compliance with the Conditions of Approval dated March 4, 2020. 3. APPROVE Vesting Tentative Tract Map No. T-6275 subject to compliance with the Conditions of Approval dated March 4, 2020. ..Body EXECUTIVE SUMMARY Gary Giannetta, on behalf of Gary McDonald Homes, has filed Vesting Tentative Tract Map No. 6275 and Planned Development Permit No. P19-04842 pertaining to approximately 10.02 acres of property located south of the intersection of North Alicante and North Crest View Drive, within the Copper River Ranch planned community. Vesting Tentative Tract Map No. 6275 is a proposal to subdivide the property into a 38 lot single-family residential subdivision. Planned Development Permit No. P19-04842 proposes a gated development with private streets and modified property development standards. The subject property is located within the Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for Medium Low Density Residential (3.50 to 6.00 dwelling units per acre) planned land uses. Vesting Tentative Tract Map No. 6275 proposes a 38 lot single-family residential subdivision on approximately 10.02 acres at a density of 3.79 dwelling units per acre. Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the Fresno General Plan and the Woodward Park Community Plan. BACKGROUND / ANALYSIS Gary Giannetta, on behalf of Gary McDonald Homes, has filed Vesting Tentative Tract Map No. 6275 and Planned Development Permit No. P19-04842 pertaining to approximately 10.02 acres of property located south of the intersection of North Alicante and North Crest View Drive, within the Copper River Ranch planned community. Vesting Tentative Tract Map No. 6275 is a proposal to subdivide the property into a 38 lot single-family residential subdivision. Planned Development Permit No. P19-04842 proposes a gated development with private streets and modified property development standards. The subject property is located within the Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for Medium Low Density Residential (3.50 to 6.00 dwelling units per acre) planned land uses. Vesting Tentative Tract Map No. 6275 proposes a 38 lot single-family residential subdivision on approximately 10.02 acres at a density of 3.79 dwelling units per acre. Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the Fresno General Plan and the Woodward Park Community Plan. Planned Development Permit Application (PD) In addition to submitting a vesting tentative tract map, the applicant has submitted Planned Development Permit No. P19-04842. Pursuant to Chapter 15, Article 59 of the FMC, a Planned Development Permit is required in order to create a planned development (PD). The proposed planned development features private gated streets. As part of the PD process, an applicant may request a modification of development standards. Planned Development Permit No. P19-04842 proposes modified property development standards, including reduced setbacks. Reduced Yard Setbacks Street Side Yard The applicant is proposing a five foot street side yard setback. The standard minimum street side yard setback is 10. The subject applications do not propose reduced front or rear yard setbacks. Pedestrian Access A pedestrian gate to the trail within Copper River Ranch (along North Alicante Drive) currently exists at the main entrance to the abutting subdivision which the residents of the subdivision will be able to utilize. A second pedestrian gate to the trail along North Alicante Drive is required at the east side of proposed lot number 7 (within Outlot C). Outlot C is designated for common area, open space and public utilities purposes. The pedestrian access points will promote walking in and around the neighborhood and provide connectivity to the 2.6 acre park located south of the subject site as well as the pedestrian trails within the overall Copper River Ranch project. Streets and Access Points 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 November 19, 2019. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (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 the Fresno Major Street Impact (FMSI) Fee. Council District Plan Implementation Committee The Council District 6 Plan Implementation Committee recommended approval of the project on November 4, 2019, by a vote of 5 to 0. Public Services The Public Utilities Department has identified water and sewer requirements for this project. These conditions are listed in the memoranda both dated November 19, 2019. It is noted that a tertiary wastewater treatment facility within the Copper River Ranch project will accommodate the wastewater flow from this project. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project has permanent drainage service and can be accommodated by the district. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated November 22, 2019. 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). LAND USE PLANS AND POLICIES As proposed, the project would be consistent with the following Fresno General Plan goals and objectives related to residential land use and the urban form: Goal No. 7 of the Fresno General Plan encourages the City to 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. Goal No. 8 of the Fresno General Plan encourages 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. 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. Similarly, supporting Objective LU-2 of the General Plan calls 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. 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. 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. ENVIRONMENTAL FINDING 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 Woodward Park Community Plan area and the Copper River Ranch planned community, including the Fresno General Plan Master Environmental Impact Report (MEIR SCH No. 2012111015) and Program EIR No. 10126 prepared for the Copper River Ranch Project. 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; traffic carrying capacity of the planned major street system; 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, and Program EIR No. 10126 prepared for the Copper River Ranch Project, 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). Based upon the attached environmental assessment and applicable mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a Mitigated Negative Declaration for this project. A public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. T-6275/P19-04842 was published on January 24, 2020, there have been no comments received to date. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings contained within Sections 15-5905 (Planned Development) and 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 Woodward Park Community Plan; compliance with the provisions of the Fresno Municipal Code; 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 exhibits. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 6275 and Planned Development Permit No. P19-04842 are appropriate for the project site. Planning Commission action of the proposed Vesting Tentative Tract Map and Planned Development Permit, unless appealed to the Council, is final. Attachments: Exhibit A: Vesting Tentative Tract Map No. 6275 dated October 16, 2019 Exhibit A-1: Site plan dated October 16, 2019 Exhibit B: Applicant Information Exhibit C: 2020 Aerial Photograph 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. 6275 dated March 4, 2020 Exhibit I: Conditions of Approval for Planned Development Permit No. P19-04842 dated March 4, 2020 Exhibit J: Comments and Requirements from Responsible Agencies Exhibit K: Environmental Assessment No. T-6275/P19-04842, dated January 24, 2020