Kev cai lij choj / ID 22-800
Kev txiav txim siab ntawm Vesting Tentative Tract Map No. 6379; thiab hais txog Environmental Assessment No. T-6379 rau ± 36.87 acres ntawm cov cuab yeej nyob rau sab qaum teb sab hnub poob ntawm East Florence thiab South Peach Avenues (Council District 5). 1. Ua raws li Daim Ntawv Pom Zoo Me Me uas tau npaj rau Environmental Assessment No. T-6379 hnub tim 8 Lub Plaub Hlis 2022, rau qhov kev npaj ua raws li California Environmental Quality Act (CEQA) Guidelines. 2. PAUB TIAS Vesting Tentative Tract Map No. 6379, thov kom subdivide ± 36.87 acres ntawm cov cuab yeej kawm rau hauv 200-ntau tsev neeg kev loj hlob nyob rau hauv uas yuav tsum tau ua raws li Cov Cai Kev Pom Zoo rau lub Tsib Hlis 18, 2022.
Tsis siv neeg txhais lus. Qee cov ntsiab lus tseem tsis tau muaj nyob hauv hom lus no.
- Taw qhia los ntawm
- Planning Commission
- Hnub tim
- Wed, May 18, 2022
Full textv1
REPORT TO THE PLANNING COMMISSION
May 18, 2022
FROM: WILL TACKETT, Planning Manager
Development Services Division
THROUGH: ISRAEL TREJO, Supervising Planner
Development Services Division
BY: ROB HOLT, Planner III
Development Services Division
SUBJECT
..Title
Consideration of Vesting Tentative Tract Map No. 6379; and related Environmental Assessment No. T-6379 for �36.87 acres of property located on the northwest corner of East Florence and South Peach Avenues (Council District 5).
1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. T-6379 dated April 8, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. APPROVE Vesting Tentative Tract Map No. 6379, proposing to subdivide �36.87 acres of the subject property into a 200-lot single-family residential development subject to compliance with the Conditions of Approval dated May 18, 2022.
..Body
EXECUTIVE SUMMARY
Bonique Emerson of Precision Civil Engineering, Inc., on behalf of KB Homes, has filed Vesting Tentative Tract Map No. 6379 pertaining to �36.87 acres of property located on the northwest corner of East Florence and South Peach Avenues.
Vesting Tentative Tract Map No. 6379 proposes to subdivide the property into a 200-lot single-family residential subdivision with public streets at a density of 5.42 dwelling units per acre (du/ac).
The subject property is located within the boundaries of the Fresno General Plan and Roosevelt Community Plan, and both plans designate the subject property for Medium Density Residential (5 to 12 du/ac) land use. Based upon the submitted subdivision design, and conditions of approval, the proposed subdivision can be found consistent with the Medium Density Residential planned land use for the subject property designated by both the Fresno General Plan and Roosevelt Community Plan.
BACKGROUND / ANALYSIS
The subject property is a vacant site located on the west side of South Peach Avenue, adjacent south of the Railroad between East Church and East Butler Avenues. The general vicinity surrounding the subject property are primarily single-family residential neighborhoods and few vacant properties. There is a County island adjacent to the west and northwest of the subject property, which plans to be annexed in the future. A future tentative subdivision map for single-family development will be proposed on the property adjacent to the west of the subject property that will provide connectivity via an east-west trail alignment adjacent to the railroad located along the northern boundary line of the subject property. The subject property is zoned RS-5/UGM (Single-Family Residential, Medium Density/Urban Growth Management) and is planned for Medium Density Residential uses.
California Housing Shortage
Since about 1970, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next 7 years for prices and rents to decline. Approval of the vesting tentative tract map would help contribute to fulfilling the housing needs of the region.
Landscaping/Walls/Open Space
Given the proposed subdivision is located along a major street (South Peach Avenue) and within the boundaries of the Roosevelt Community Plan, the development will be required to install landscaping and irrigation within a minimum 15-foot-wide landscape strip along South Peach Avenue. A trail is also proposed with an east-west alignment adjacent to the railroad located along the northern boundary line of the subject property. This trail segment is identified as part of the Rails to Trails component of the Fresno General Plan (Figure MT-2) and is proposed consistent with the Class I Bike Path identified in the City of Fresno Active Transportation Plan (ATP). The trail will provide connectivity for residents to a planned Neighborhood Park on adjacent land to the west and a planned Community Park on the east side of Peach Avenue across from the proposed project.
Due to its close proximity to the railroad, an acoustical study was completed for the proposed subdivision. The results of the acoustical study require a minimum 6'-8" sound wall along the northern boundary of the subdivision (between the trail and the railroad), and a minimum six-foot high concrete/masonry wall along the rear of the landscaped areas along South Peach Avenue. Major street entryways into the subdivision will incorporate enhanced 10-foot wide landscaped Outlots along the street side yards of adjacent lots. Interior end-blocks will incorporate a minimum 5-foot landscape strip with six-foot high concrete/masonry wall in accordance with Section 15-4105-G-2-b of the Fresno Municipal Code.
The developer is required to provide street trees on all public street frontages per Fresno Municipal Code. 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.
Additionally, an approximate 15,865 sq. ft. open space area is proposed at the central area of the proposed subdivision. Three pedestrian paseos located at approximately the center of each internal north-south block within the subdivision boundary are proposed to provide easier connectivity to the larger open space area, and easier pedestrian connectivity to South Peach Avenue and the future subdivision to the west. The park space was recommended by the Council District 5 Project Review Committee and the applicant agreed to add the park in their subdivision design.
The amount of open space provided within the tract map is 27,765 sq. ft., which meets the minimum requirement of FMC Section 12-4.705. For 200 lots, the minimum requirement is 16,413 sq. ft. of open space.
Public Services
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 mitigation measures of the related Program 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 the construction of a 10-inch sanitary sewer main located in South Peach Avenue, as well as typical requirements including the construction and extension of sanitary sewer mains and branches within the interior of future proposed tract. The proposed project will also be required to provide payment of sewer connection charges.
For water service, required infrastructure improvements and facilities include installation of water mains within the interior of the proposed tract, providing an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes.
Fresno Metropolitan Flood Control District
According to the Fresno Metropolitan Flood Control District ("FMFCD"), the subject site is not located within a flood prone or hazard area. Master Plan Facilities are required to be constructed in coordination with the City's plans to improve Peach Avenue's street width. The Master Plan Facilities to be constructed include a 36-foot storm drain pipeline at the western edge of the proposed subdivision. There are Optional Master Plan Facilities the Developer may construct which would provide permanent drainage service for the subdivision, otherwise temporary facilities are recommended until permanent service is available.
Fire Department
The Fire Department 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 December 15, 2021, the subject property will be served by Fire Station 15, which is located at 5630 East Park Circle Drive (approximately 2.4 miles away).
Streets and Access Points
Vehicle Miles Traveled (VMT)
Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as Vehicle Miles Traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact.
The State CEQA Guidelines were amended to implement SB 743, by adding Section 15064.3. Among its provisions, Section 15064.3 confirms that, except with respect to transportation projects, a project's effect on automobile delay shall not constitute a significant environmental impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.
CEQA Guidelines Section 15064.3(b)(4) states that "[a] lead agency has discretion to evaluate a project's vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project's vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section."
On June 25, 2020, the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds, pursuant to Senate Bill 743 to be effective of July 1, 2020. The thresholds described therein are referred to herein as the City of Fresno VMT Thresholds. The City of Fresno VMT Thresholds document was prepared and adopted consistent with the requirements of CEQA Guidelines Sections 15064.3 and 15064.7. The December 2018 Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) published by the Governor's Office of Planning and Research (OPR), was utilized as a reference and guidance document in the preparation of the Fresno VMT Thresholds.
The City of Fresno VMT Thresholds adopted a screening standard and criteria that can be used to screen out qualified projects that meet the adopted criteria from needing to prepare a detailed VMT analysis.
The City of Fresno VMT Thresholds Section 3.0 regarding Project Screening discusses a variety of projects that may be screened out of a VMT analysis including specific development and transportation projects. For development projects, conditions may exist that would presume that a development project has a less than significant impact. These may be size, location, proximity to transit, or trip-making potential.
One of the eligible screening criteria to whether a project is located within an area with low VMT, as designated in the screening map for residential uses (Figure 6) in the City of Fresno's CEQA Guidelines for Vehicle Miles Traveled Thresholds Technical Advisory. These low VMT areas were calculated using Fresno County as the region. The Fresno County average VMT per capita is 16.10.
Additionally, using the Fresno Council of Governments (COG) VMT Calculator (Version 3.7), the proposed project in this area has an average VMT per capita of 10.3, which is 13 percent or more lower than the County's 16.10 average VMT per capita.
The proposed project is eligible to screen out because it is located in a low VMT zone, as designated by the Fresno COG screening map and Figure 6 of the City of Fresno CEQA Guidelines for VMT Thresholds.
Traffic Impact Study
The Fresno General Plan designates South Peach Avenue as an arterial street. The proposed project will be required to dedicate and construct improvements along all major street frontages and on all interior local streets within the proposed subdivision. Direct vehicular access will be relinquished along all major street frontages of single-family residential lots. The subdivision design includes two major street entryways to the interior of the subdivision from South Peach Avenue. Interior local streets 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 all streets.
The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan, which generally represents areas near or outside the City Limits, but within the Sphere of Influence as of December 31, 2012. In accordance with Policy MT-2-I of the Fresno General Plan, when a project is projected to generate 100 or more peak hour new vehicle trips, a Traffic Impact Study is required in order to assess the impacts of new development projects on existing and planned streets. Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed project would generate 1,879 Average Daily Trips (ADT), with 147 vehicle trips occurring during the morning peak hour travel period (7 to 9 a.m.) and 197 vehicle trips occurring during the evening peak hour travel period (4 to 6 p.m.). Therefore, a Traffic Impact Study was prepared to assess the impacts of the new development on existing and planned streets.
A Traffic Impact Analysis (TIA) was prepared to assess the impacts of new development on existing and planned streets. The TIA evaluated the impacts of the project by analyzing the following five study intersections in the vicinity of the project during the AM and PM peak hours for the traffic analysis scenarios required by the City of Fresno. These scenarios include: (1) Existing Conditions; (2) Existing plus Project Conditions; (3) Near Term (Existing plus Approved/Pending Projects plus Proposed Project) Conditions; and (4) Cumulative Year 2040 plus Project Conditions.
Study Intersections:
1. Willow and Church Avenues
2. Helm and Church Avenues
3. Peach and Florence Avenues
4. Peach and Church Avenues
5. Peach and Jensen Avenues
The City of Fresno General Plan includes multiple policies related to transportation funding and regional level coordination. These policies are crafted so that new development pays the proportional share of the developments impacts. These policies identify continued support for the implementation of metropolitan-wide and region-wide transportation impact fees to cover the proportional share of the developments impacts and need for a comprehensive multi-modal transportation system that are not funded by other sources.
The project conditions of approval and mitigation measures also require payment of the Fresno Major Street Impact (FMSI) Fee, the Traffic Signal Mitigation Impact (TSMI) Fee, and the Regional Transportation Mitigation Fee (RTMF)
The Fresno General Plan establishes growth projections through the General Plan Horizon year of 2035 as well as through build out of the General Plan. The General Plan includes goals, objectives, and implementing policies for the transportation system. A General Plan traffic model was prepared that was consistent with the goals, objectives, and policies of the General Plan. In accordance with the identified transportation needs based on traffic volume growth forecasts generated by the traffic model, the City's Public Works Department subsequently provided an FMSI Fee Program.
The proposed project shall pay its Fresno Major Street Impact (FMSI)fee, which will be determined at time of building permit. This FSMI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee.
The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) that plan to build out the General Plan circulation element and are included in the Nexus Study for the TSMI fee. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (security/bonding and/or developer agreement required) and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location. For project specific impacts that are not consistent with the General Plan, Public Works Standards, and/or not incorporated into the TSMI fees, the infrastructure costs may not be eligible.
The Regional Transportation Mitigation Fee (RTMF) is an important part of the Measure "C" Extension approved by Fresno County voters in 2006 (continuing a one-half cent sales tax for transportation purposes). The RTMF is intended to ensure that future development contributes to its fair share towards the cost of infrastructure to mitigate the cumulative, indirect regional transportation impacts of new growth in a manner consistent with the provisions of the State of California Mitigation Fee Act. The fees will help fund improvements needed to maintain the target level of service in the face of higher traffic volumes brought on by new developments. The RTMF is governed by a Joint Powers Agency which is the same as the Fresno Council of Governments (COG) Board. Fresno COG's primary functions are transportation planning and programming. As a state-designated Regional Transportation Planning Agency (RTPA) and federally designated Metropolitan Planning Organization (MPO) for Fresno County, Fresno COG must comply with both designation requirements. Fresno COG prepares a Regional Transportation Plan (RTP) that looks 25 years into the future and sets policies for a wide variety of transportation options and projects. It guides how and where people and goods will travel by identifying both existing and needed transportation facilities. Fresno COG prepares the region's Federal Transportation Improvement Program, a four-year program of financially constrained transportation projects consisting of highway, transit, bicycle, and pedestrian projects that are selected through an approved project selection process.
The Public Works Department, Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project 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 outlined within the memoranda from the Traffic Engineering Division dated April 19, 2022 (Exhibit I). 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) Major and local street dedications; (3) Dedications of bicycle, pedestrian and landscape easements for trail purposes; (4) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (5) 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).
Additionally, the proposed project shall install a HAWK pedestrian beacon per the City of Fresno standards at the existing pedestrian crosswalk to Phoenix Middle School on East Church Avenue just west of Helm Avenue prior to the occupancy of any building permits. The HAWK equipment shall be installed in the ultimate location and may require the acquisition of right-of-way.
The proposed project shall also install a traffic signal with protected left-turn phasing per City of Fresno standards at the intersection of East Florence Avenue and South Peach Avenue prior to the issuance of building permits for the project. The traffic signal equipment shall be installed in the ultimate location and may require the acquisition of right-of-way. The intersection shall be constructed to the following configuration:
* Eastbound - one left turn lane, and one through-right turn lane.
* Westbound - one left turn lane, and one through-right turn lane.
* Northbound - one left turn lane, two through lanes, and one right turn lane.
* Southbound - one left turn lane, two through lanes, and one right turn lane.
* Bike lanes shall be provided in northbound and southbound directions.
Therefore, the Public Works Department/Traffic Engineering Division has determined that, based upon the proposed traffic yield from and the expected traffic generation of the proposed project for the subject property, the proposed project will not adversely impact the existing and projected circulation system based upon implementation of the mitigation measures included within the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 ("PEIR") and based upon compliance with the project specific mitigation measures referenced herein (Exhibit J).
Housing Element
This project is located on a parcel listed in the 2013-2023 RHNA Housing Element Sites Inventory, which shows a minimum capacity of 190 units for this site. The 2013-2023 RHNA obligation for above moderate is 10,116 and the existing surplus capacity is 5,253 for a total existing capacity of 15,369 units. This project proposes 200 units of above moderate housing and will therefore increase the existing above-moderate surplus capacity by two units to 5,255 units. As the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 of the California Government Code and to accommodate the City's share of the regional housing need pursuant to Section 65584, this project is consistent with the Housing Element.
Land Use Plans and Policies
The project is consistent with the following Fresno General Plan goals and objectives related to 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.
* Develop 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.
* Promote a city of healthy communities and improve quality of life in established neighborhoods.
* Improve Fresno's visual image and enhance its form and function through urban design strategies and effective maintenance.
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-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
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.
Policy UF-1-f promotes the use of Complete Neighborhood design concepts and development standards to achieve the development of Complete Neighborhoods and the residential density targets of the General Plan.
Objective UF-14 promotes development that facilitates multi-modal connectivity.
Policy UF-14-b promotes the design of local roadways to connect throughout neighborhoods and large private developments with adjacent major roadways and pathways of existing adjacent development, and the ability to create access for pedestrians and bicycles where a local street must dead end or be designed as a cul-de-sac to adjoining uses that provide services, shopping, and connecting pathways for access to the greater community area.
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.
Policy LU-5-g promotes new development in or adjacent to established neighborhoods that is compatible in scale and character with the surrounding area by promoting a transition in scale and architectural character between new buildings and established neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
Policy LU-5-h supports housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.
Objective D-4 supports that the City preserve and strengthen Fresno's overall image through design review and create a safe, walkable, and attractive urban environment for the current and future generations of residents.
Policy D-4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards.
The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self-sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self-sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.
An approximate 15,865 sq. ft. open space area is proposed at the central area of the proposed subdivision. Additionally, three pedestrian paseos are proposed that connect to the proposed open space area and centrally throughout the internal local streets.
Approximately one mile away to the north is an established commercial use corridor along East Kings Canyon Road providing employment opportunities for all new residents of the neighborhood.
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.
Council District Project Review Committee
The Council District 5 Project Review Committee reviewed the proposed project at their regular meeting on January 24, 2022 and voted to recommend approval of the project with the condition that a pocket park be included in the design, 4 votes to 0. The applicant agreed to the addition of a pocket park and the current subdivision design includes a 15,865 sq. ft. open space area centrally located in the subdivision.
Notice of Planning Commission Hearing
The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1000 feet of the subject property, pursuant to Section 15-5007 of the FMC (Exhibit G).
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 Roosevelt Community Plan area, including the Fresno General Plan Program Environmental Impact Report SCH No. 2019050005 ("PEIR"). 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.
The proposed project has been determined to be a subsequent project that is not fully within the scope of the PEIR 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 PEIR.
It has been further determined that all applicable mitigation measures of the PEIR 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 the PEIR 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 PEIR was certified and that no new information, which was not known and could not have been known at the time that the PEIR 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-6379 (Exhibit J) was published in the Fresno Bee on April 8, 2022, with no comments received to date.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings contained within Section 15-3309 et seq. of the Fresno Municipal Code. 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
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; compliance with the provisions of the FMC; 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. The proposed project does not meet the findings for denial per the Subdivision Map Act (California Government Code 66400, et seq.) and staff concludes that the required findings contained within Section 15-3309 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed projects are appropriate for the project site.
Attachments:
Exhibit A - Vesting Tentative Tract Map No. 6379 [March 30, 2022]
Exhibit B - Operational Statement [December 8, 2021]
Exhibit C - Aerial Map
Exhibit D - Vicinity Map
Exhibit E - Fresno General Plan Land Use & Zoning Map
Exhibit F - Fresno Municipal Code Findings
Exhibit G - Public Hearing Notice Radius Map
Exhibit H - Conditions of Approval for Vesting Tentative Tract Map No. 6379 [May 18, 2022]
Exhibit I - Comments and Requirements from Responsible Agencies
Exhibit J - Environmental Assessment No. T-6379 [April 8, 2022]
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- Exhibit A - Vesting Tentative Tract Map No. 6379 [March 30, 2022]untagged
- Exhibit B - Operational Statement [December 8, 2021]untagged
- Exhibit C - Aerial Mapuntagged
- Exhibit D - Vicinity Mapuntagged
- Exhibit E - General Plan Land Use & Zoning Mapuntagged
- Exhibit F - Fresno Municipal Code Findingsuntagged
- Exhibit G - Public Hearing Notice Radius Mapuntagged
- Exhibit H - Conditions of Approval for Vesting Tentative Tract Map No. 6379 [May 18, 2022]tagged
- Exhibit I - Comments and Requirements from Resposbible Agenciesuntagged
- Exhibit J - Environmental Assessment No. T-6379 [April 8, 2022]untagged