REPORT TO THE PLANNING COMMISSION June 17, 2020 FROM: DAN ZACK, Assistant Director Development Services Division THROUGH: ISRAEL TREJO, Supervising Planner Development Services Division BY: KELSEY GEORGE, Planner Development Services Division SUBJECT ..Title Consideration of Vesting Tentative Tract Map No. 6290; and the related Environmental Assessment No. T-6290 for approximately 2.20 net acres of property located on the south side of West San Jose Avenue in between Colonial and North Maroa Avenue (Council District 2) - Planning and Development Department. 1. ADOPT Environmental Assessment No. T-6290, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315/Class 15 of the CEQA Guidelines. 2. APPROVE Vesting Tentative Tract Map No. 6290 which requests authorization to subdivide the subject property for purposes of creating a one common-lot airspace subdivision for condominium purposes subject to compliance with the Conditions of Approval dated June 17, 2020. ..Body EXECUTIVE SUMMARY Gary Giannetta of Giannetta Engineering, on behalf of Sophie Investments, LLC., has filed Vesting Tentative Tract Map Application No. T-6290 pertaining to �2.20 net acres of property located on the south side of West San Jose Avenue in between Colonial and North Maroa Avenues. Vesting Tentative Tract Map No. 6290 proposes to subdivide approximately 2.20 net acres of the subject property into a one common-lot airspace subdivision for condominium purposes. The subject property is located within the boundaries of the Fresno General Plan and Bullard Community Plan. BACKGROUND/ANALYSIS Project Setting/Details The subject property is located on the south side of West San Jose Avenue between North Maroa and Colonial Avenues on a parcel approximately 2.20 net acres in size. The subject property is within the City of Fresno and borders the County of Fresno to the south and east boundary of the map. The subject property is surrounded by existing residential uses, both single-family and multi-family. Development Permit No. D-18-002 previously approved for the subject property on June 18, 2018, authorized the construction of 7 multi-family residential buildings consisting of 42 separate units. The current application, Vesting Tentative Tract No T-6290, is a proposal to subdivide the subject property into a one-lot subdivision for the purposes of authorizing a condominium map for the previously approved multi-family development. The number of multi-family residential buildings and units will remain the same and as authorized by Development Permit No. D-18-002. The project is currently under construction but not yet completed and no residents live at the property yet. The subject property is zoned NMX (Neighborhood Mixed Use) and multi-unit residential is permitted by right in this zone district. Further, the proposal to subdivide the subject property into a one-lot subdivision complies with the regulations of Article 39 (Common Interest Developments [Condominiums And Conversions]) of the Fresno Municipal Code. NMX (Neighborhood Mixed Use) Zone District The proposed one-lot subdivision has been previously reviewed and conditioned per the regulations of Article 11 (Mixed Use Zone Districts) of the Fresno Municipal Code. This includes all density and massing standards, as well as setback and landscaping requirements. All approved exhibits and Conditions of Approval for Development Permit No. D-18-002 dated June 12, 2018 are applicable to this project. Sidewalks, streets, and access points The Public Works Department, Traffic Engineering Division has reviewed the proposed project for on- and off-site circulation and potential traffic impacts. It was determined the streets adjacent to and near the subject property will be able to accommodate the change in traffic generated from the development subject to the conditions within the memoranda dated April 6, 2020. These conditions include: (1) Dedication of public streets and right-of-way; (2) Street improvements (including but not limited to construction of concrete curbs, gutters, pavements, underground street lighting systems); (3) Payment of any applicable impact fees (including but not limited to Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and Regional Transportation Mitigation (RTMF) Fee). The project will be required to dedicate and construct improvements on West San Jose Avenue per City of Fresno Department of Public Works Standards and to comply with all conditions of approval outlined within the memoranda dated April 6, 2020. Public Services 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. The Fresno Fire Department reviewed the current project and the previously approved development entitlement. Building plans have been submitted and the site grading and utility plans are approved. Both condominiums and apartments are R-2 occupancies under the California Building Code and construction requirements and fire access and fire hydrant requirements are the same. The Fire Department has no additional requirements from those conditions imposed on Development Permit No. D18-002 and the current project will have to comply with all of the Fire Department's previous conditions of approval. 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 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. DPU Solid Waste previously reviewed Development Permit No. D-18-002 and conditioned the project to provide trash enclosures and turn radii for the waste vehicles. DPU Planning and Engineering has reviewed the project and determined the existing 8-inch sewer main located in West San Jose Avenue is adequate to serve the project. In addition to the payment of all applicable fees, a sewer main easement and installation of a sewer house branch will be required of the project. For water service, the project will be required to vacate an existing 20-foot public water easement along the easterly boundary of the subject property and reflect the 8-inch water main currently installed by the City in West San Jose Avenue. The project is also required to pay all applicable Water Capacity Fee charges and all other water-related fees and charges in accordance with the City's Master Fee Schedule and Municipal Code. According to the Fresno Metropolitan Flood Control District (FMFCD), the subject site is not located within a flood prone or hazard area. The developer will be required to provide improvements which will convey surface drainage to a temporary storage facility (until permanent facilities are available) and will, therefore, not create flooding. All previous conditions for D-18-002, in addition to any conditions imposed for T-6290, have been incorporated to the Conditions of Approval dated June 17, 2020 attached as Exhibit E. Landscaping Landscaping for the project shall be in accordance with Section 15-2305 of the Fresno Municipal Code. A Landscape Buffer is required and shall be maintained at the rear lot line between differing land uses pursuant to the Conditions of Approval for D-18-002 dated June 12, 2018. Additionally, all required setbacks must be landscaped in compliance with the approved landscape plans for Development Permit No. D-18-002. Land Use Plans and Policies Fresno General Plan The Fresno General Plan puts a strong emphasis on infill development, complete neighborhoods and mobility and multimodal connectivity. Goals of the Fresno General Plan include providing for a diversity of districts, neighborhoods, housing types, and residential densities through 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. The supporting Objectives and Policies of the Fresno General Plan include emphasizing compatible infill development opportunities which provide for a diversity of districts, neighborhoods, and housing types in order to afford a range of housing stock within the City of Fresno that will support balanced urban growth and make efficient use of resources and public facilities. Encouraging infill development on vacant lands within predominantly urbanized areas is necessary in order to meet the Fresno General Plan's objective 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, other non-corridor infill areas, and vacant land. The subject property is approximately 2.20 net acres of vacant land, which is substantially surrounded by urban development. The proposed project makes the most efficient use of land and existing public improvements, infrastructure and services by taking advantage of the opportunity to develop in an area that is already developed and accommodated by City services. The location of the subject property falls within the Sierra Specific plan which also affords a unique opportunity to provide a sense of place centered in an area in close proximity to commercial services, schools, parks, and an interconnected system of open space features including trails and Class I Bicycle paths. The Fresno General Plan provides goals, objectives, and policies to guide development. The proposed project aligns with many objectives and policies found in the Fresno General Plan. The following are applicable goals, objectives and policies: Goal 7: Provide for a diversity of districts, neighborhoods, housing types, residential densities, job opportunities, recreation, open space, and education that appeal to a broad range of people throughout the city. Goal 8: 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. Goal 11: Emphasize increased land use intensity and mixed use development at densities supportive of greater use of transit in Fresno. Objective UF-1: Emphasize the opportunity for a diversity of districts, neighborhoods, and housing types. * Policy UF-1-f promotes diversity and variations of building types, densities, and scales of development to reinforce the identity of individual neighborhoods, and further affordable housing opportunities. Objective LU-2: Plan for infill development that includes a range of housing types, building forms, and land uses to meet the needs of both current and future residents. * Policy LU-2-a promotes infill development in areas where urban services are available Objective LU-5: Plan for a diverse housing stock that will support balanced urban growth, and make efficient use of resources and public facilities. * Policy LU-5-d promotes the development of medium-high density residential uses to optimize use of available or planned public facilities and services. Provide housing opportunities with access to employment, shopping services, and transportation. * Policy LU-5-g supports development adjacent to established neighborhoods that is compatible in scale and character with the surrounding area. * Policy LU-5-h supports housing that offers residents a variety of amenities including public and private open space, landscaping, with direct access to public transit and community gathering spaces. Bullard Community Plan Upon reviewing the policies contained in the Bullard Community Plan, staff has determined that there are no policies that are applicable or which control based upon the priority of plans specified in the Fresno Municipal Code and Fresno General Plan. The purpose of these goals and objectives are to provide a variety of housing types for individual lifestyles and space needs. Further, it is to provide opportunities of higher densities in neighborhoods throughout the City. The proposed project meets the goals and objectives of the General Plan and the Bullard Community Plan by implementing the appropriate regulations of NMX zone district and ensuring that new development is compatible to the existing structures in relation to scale, mass, and character. Governing Regulations Condominium Project Being a Subdivision Section 66424 of the State of California Government Code defines "subdivision" as the division by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code..." Condominium / Project Defined Section 1351 of the California Civil Code provides that a "condominium project" means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property (one common-lot subdivision) coupled with a separate interest in space called a unit (subdivided airspace), the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit (subdivided airspace) may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest (common-lot) may be all of the real property, except for the separate interests (subdivided airspace units), or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easement for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portion of the real property (emphasis added). Design and Location of Buildings Not a Part of Map Review Process for Condominium Section 66427(a) of the State of California Government Code provides that a map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a parcel, tentative, or final map of the project on an account of design or the location of buildings on the property shown on the map that are not violative of local ordinance or on account of the manner in which airspace is to be divided in conveying the condominium. Section 66427(b) of the State of California Government Code provides that a map need not include a condominium plan or plans, as defined in subdivision (e) of Section 1351 of the Civil Code, and the governing body may not refuse approval of a parcel, tentative, or final map of the project on account of the absence of a condominium plan. ENVIRONMENTAL FINDING The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption from Section 15315/Class 15 was made and Environmental Assessment No. T-6290 was completed for this project on May 20, 2020 (Exhibit G). This project qualifies for a Class 15 Categorical Exemption because it is a single lot subdivision for condominium purposes and does not propose any physical development. The project as submitted complies with all provisions of the Fresno General Plan and Fresno Municipal Code without requiring any variances or exceptions. The proposed subdivision was routed to the Public Works, Public Utilities, and the Fire department and it was determined that all services and access to the proposed parcels to local standards. All improvements are existing and no new development is proposed. The parcel has not been previously subdivided, nor does it have an average slope greater than 20 percent. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines section 15300.2, apply to this project. 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 application, staff concludes that the required findings contained within Section15-3309 (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. Council District 2 Plan Implementation Committee On April 27, 2020, the Council District 2 Plan Implementation Committee unanimously recommended approval of the proposed project. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing on June 5, 2020 to all surrounding property owners within 1000 feet of the subject property, pursuant to Section 15-5007 of the Fresno Municipal Code. See Exhibit H for Public Hearing Notice Radius Map. 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 Bullard 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 Application No. T-6290 is appropriate for the subject property. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Fresno General Plan Land Use & Zoning Map Exhibit D - Tentative Tract Map No. 6290 dated March 13, 2020. Exhibit E - Conditions of Approval for T-6290 dated June 17, 2020 including Comments and Requirements from Responsible Agencies Exhibit F - Fresno Municipal Code Findings Exhibit G - Environmental Assessment No. T-6290 dated May 20, 2020 Exhibit H - Public Hearing Notice Radius Map