REPORT TO THE PLANNING COMMISSION November 2, 2022 FROM: ISRAEL TREJO, Planning Manager Planning & Development Department THROUGH: PHILLIP SIEGRIST, Supervising Planner Planning & Development Department BY: STEVEN LIENG, Planner II Planning & Development Department SUBJECT ..Title Consideration of Development Permit Application No. P22-01298 and related Environmental Assessment No. P22-01298 pertaining to �3.30 acres of property located on the south side of Herndon Avenue between North Fresno Street and North First Street (Council District 6). 1. CONSIDER Environmental Assessment No. P22-01298, dated November 2, 2022, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption; and, 2. APPROVE Development Permit Application P22-01298, proposing to construct a �50,000 square foot two floor, multi-tenant medical office building and parking lot with 77 standard parking stalls, 131 compact parking stalls and 14 electric vehicle charging station stalls on a vacant lot, subject to compliance with the Conditions of Approval dated November 2, 2022. ..Body EXECUTIVE SUMMARY Development Permit Application No. P22-01298 was filed by Robin Kashani of Tristar Realty Group, LLC and pertains to 3.30 acres located at 6750 North Fresno Street. The applicant proposes to construct a �50,000 square foot two floor, multi-tenant medical office building with additional on and off-site improvements. The subject property is located on the O/EA/cz (Office/Expressway Area/conditions of zoning) zone district. Pursuant to Table 15-1302 of the Fresno Municipal Code (FMC), a Medical and Dental Office is permitted in the O zone district with an approved Development Permit. The Planning Commission is considering this project due to existing conditions of zoning tied to the property which requires review and approval by the City of Fresno Planning Commission. BACKGROUND The applicant proposes to develop a medical and dental office complex consisting of approximately �50,000 square feet of office space with a (Floor Area Ratio) FAR of 0.35. The office complex will compromise of one (1) �50,000 square-foot office building. Additional on and off-site improvements to be provided include but are not limited to parking, landscaping, curb and gutters, and sidewalks. A 91-foot building setback and 30-foot landscape buffer will be provided along the south property line. Vehicular access is proposed to be provided via two (2) new drive approaches; both drive approaches are proposed along East Warner Avenue. The subject property is currently an undeveloped vacant infill site surrounded by urban uses. A Marriot Hotel is developed on the immediate adjacent property to the east, a CVS to the west, and an existing single family residential neighborhood is located directly to the south of the subject property. The subject property is located within the boundaries of the Fresno General Plan, Hoover Community Plan, and the Fresno County Airport Land Use Compatibility Plan. These plans designate the subject �3.30-acre property for Employment - Office planned land uses. The underlying O/EA/cz (Office/Expressway Area/conditions of zoning) zone district is consistent with Employment - Office planned land use designation. Pursuant to Table 15-1302 (Land Use Regulations - Employment Districts) of the Fresno Municipal Code (FMC), Offices are permitted "by right" in the O zone district with an approved Development Permit and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. Based upon the existing conditions of zoning tied to the property, a site plan review application (currently defined as a Development Permit application) or conditional use permit application shall be subject to review by the City of Fresno Planning Commission. Previous Entitlements/Condition of Zoning Rezone Application No. R-04-79 approved the rezone of the southern 5.55 acres of the overall 15.60-acre site from R-P/cz (Residential and Professional Office District/with conditions of zoning) zone district and the southeasterly 0.19 acres of the subject site from R-1 (Single Family Residential District) zone district to the C-P/EA/cz (Administrative and Professional Office District/Expressway Area Overlay District/with conditions of zoning) zone district. In addition, Rezone Application No. R-04-79 amended the existing conditions of zoning previously established under prior Rezone Application No. R-93-07 (Ordinance Bill No. 93-38), which reclassified the subject site from R-A (Single Family Residential-Agricultural District) zone district to the R-P/cz (Residential and Professional District/Expressway Area Overlay District/with conditions of zoning) zone district and established ten (10) conditions of zoning on the subject property. Some of the conditions were originally drafted during the review and approval of three previous rezone applications, all of which expired or reverted to the original zone district. Under Rezone Application No. R-04-79, Condition No. 5 was deleted, while Condition No. 11 was added. Conditions of Zoning A Statement of Covenants Affecting Land Development was recorded on the subject property, pursuant to the requirements of Rezone Application No. R-04-79 as approved by the Fresno City Council on August 30, 2005, under Ordinance No. 2005-100 (Exhibit K). The Ordinance specified 11 conditions of zoning, all of which shall be complied with as part of the project: The conditions of zoning are as follows: 1. There shall be no direct access to the site from East Herndon Avenue. 2. A 30-foot landscape easement shall be placed along side the south property line. 3. A 20-foot building setback shall be established along with the east property line. 4. No buildings shall exceed one-story in height within 90 feet of the east property line. 5. Development of the property shall not exceed 175,000 square feet of gross building area. (Deleted per Rezone Application No. R-04-79.) 6. Direct access to the frontage road along North Fresno Street from the subject site shall be prohibited. 7. The proposed site shall be of a unified, integrated nature, and shall include all properties covered by this rezone. 8. This site plan review application or conditional use permit application shall be subject to review by the City of Fresno Planning Commission. 9. Access to East Magill Avenue shall be for emergency vehicles only. 10. Prior to the sale of any parcels or the subdivision of any property subject to this rezone district amendment, the record owner shall enter into and record against the property a cross-access easement, which shall be approved by the city. 11. No buildings shall exceed one-story in height within 90 feet of the south property line. Based upon the existing conditions of zoning tied to the property, a site plan review application (currently defined as a Development Permit application) or conditional use permit application shall be subject to review by the City of Fresno Planning Commission. Development Permit Application No. P22-01298 has been determined to meet the applicable conditions of zoning for the subject parcel outlined in Ordinance No. 2005-100. Fresno Municipal Code Relative to the conditions of approval, dated November 2, 2022 (Exhibit L), Development Permit Application No. P22-01298 will meet all the provisions of the FMC, including but not limited to setbacks, transition standards, parking, and landscaping, and complies with all applicable design guidelines and development standards for Office uses in the O (Office) zone district. Other Agencies All comments received from the applicable agencies have been incorporated into the draft conditions of approval for Development Permit Application P22-01298 (Exhibit H). The project will comply with all zoning requirements including setbacks, landscaping, and parking requirements, as incorporated into the conditions of approval dated November 2, 2022. Public Notice and Input Council District 6 Project Committee Review The Council District 6 Project Review Committee reviewed this project on October 24, 2022 and voted to recommend approval by with no additional comments and/or recommendations. Motion passed by a vote of 6 yes and 0 no. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on October 20, 2022 (Exhibit I). LAND USE PLANS AND POLICIES Fresno General Plan The Fresno General Plan designates the subject site for Employment - Office planned land uses and provides objectives to guide in the development of these projects. Employment - Office districts are intended to provide sites for administrative, financial, business, professional, medical, and public offices, as identified by the General Plan. Retail uses would be limited to business services and food services and convenience goods for those who work in the area. This district is intended for locations where the noise or traffic generated by retail sales, restaurants, and service commercial may be incompatible with surrounding residential neighborhoods. The proposed project meets all policies and objectives of the Fresno General Plan. The following are excerpts of such objectives. Goal 1 - Increase opportunity, economic development, business, and job creation. Use urban form, land use, and Development Code policies to streamline permit approval, promote local educational excellence and workforce relevance, significantly increase business development and expansion, retain, and attract talented people, create jobs, and sustained economic growth, strategically locate employment lands and facilities, and avoid over-saturation of a single type of housing, retail, or employment. Goal 9 - Promote a city of healthy communities and improve quality of life in established neighborhoods. Goal 16 - Protect and improve public health and safety. * Objective LU-1 - Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a - Promote new development, infill, and rehabilitation of existing building stock in the Downtown Planning Area, along BRT corridors, in established neighborhoods generally south of Herndon Avenue, and on other infill sites and vacant land within the City. * 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. o Policy LU-2-a - Promote development of vacant, underdeveloped, and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. * Objective LU-6 - Retain and enhance existing commercial areas to strengthen Fresno's economic base and site new office, retail, and lodging use districts to serve neighborhoods and regional visitors. o Policy LU-6-c - Promote the establishment of development standards for new offices, addressing location, size, and intensity necessary to meet the City's needs. Integrate and support employment in adjacent and proximate neighborhoods. o Policy LU-6-d - Plan for neighborhood mixed use and community commercial uses to implement the Urban Form concepts of this Plan, promote the stability and identity of neighborhoods and community shopping areas, and allow efficient access without compromising the operational effectiveness of the street system. Hoover Community Plan Upon reviewing the policies contained in the Hoover Community Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. However, pursuant to Section 15-104-B-4 of the FMC, should there be a conflict between the FMC and the Hoover Community Plan Community Plan, the FMC shall control. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the area of influence under the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project site is located within the Fresno Yosemite International Airport's (FYIA) Safety Zone 7 - Traffic Pattern Zone. This zone only prohibits hazards to flight. The proposed development of Medical and Dental Offices is not considered a hazardous use or structure for aviation that would conflict with the ALUCP requirements, therefore is compatible and consistent with the plan. The project as proposed complies with the Safety Criteria Matrix of the Fresno County Airport Land Use Compatibility Plan. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (CEQA) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption, Section 15332/Class 32 of the CEQA Guidelines was made and Environmental Assessment No. P22-01298 was completed for this project on November 2, 2022. The environmental assessment and review of the above-stated findings is attached hereto as (Exhibit K). None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. No potential cumulative or significant effects will result from the project. The proposed project will not result in damage to scenic resources. The project is not located on land identified as a hazardous waste site on any list compiled pursuant to Section 65962.5 of the Government Code. There are no historic resources on the subject property for which the project may cause a substantial adverse change in significance. Therefore, the proposed project is not determined to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. 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 Hoover 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 Development Permit Application No. P22-01298 is appropriate for the project site. Action by the Planning Commission is final unless appealed to City Council in accordance with Section 15-5017 of the FMC. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Zoning Map Exhibit D - Project Information Tables Exhibit E - Master Application/Owner's Letter of Authorization Exhibit F - Operational Statement Exhibit G - Exhibits (Site Plan, Elevation Photos, Floor Plans and Landscape Plan) Exhibit H - Department/Agency Comments Exhibit I - Public Hearing Notice Exhibit J - Fresno Municipal Code Findings Exhibit K - Environmental Assessment Exhibit L - Ordinance 2005-100 and Statement of Covenants Exhibit M - Conditions of Approval [11-2-2022]