REPORT TO THE PLANNING COMMISSION April 6, 2022 FROM: WILL TACKETT, Planning Manager Planning and Development Department 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. 6370, Planned Development Permit Application No. P21-05564, and related Environmental Assessment No. T-6370/P21-05564 for �4.41 acres of property located on the west side of North Chestnut Avenue, north of East Teague Avenue (Council District 6). 1. APPROVE Environmental Assessment No. T-6370/P21-05564 dated March 11, 2022, a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332/Class 32 (Infill Development) of CEQA Guidelines. 2. APPROVE Planned Development Permit Application No. P21-05564 proposing to modify the RS-4 (Single-Family Residential, Medium Low Density) zone district development standards to allow for a reduction in lot size, front, interior side, street side, and rear yard setbacks, an increase in lot coverage, and gated private streets. 3. APPROVE Vesting Tentative Tract Map No. 6370 dated March 4, 2022, proposing to subdivide �4.41 acres of land into a 26-lot single-family residential subdivision, subject to compliance with the Conditions of Approval dated April 6, 2022. ..Body EXECUTIVE SUMMARY Bret Giannetta of Giannetta Engineering, Inc., on behalf of Granville Homes, has filed Vesting Tentative Tract Map No. 6370 and Planned Development Permit Application No. P21-05564, pertaining to �4.41 acres of property located on the west side of North Chestnut Avenue, north of East Teague Avenue. Vesting Tentative Tract Map No. 6370 proposes to subdivide the subject property into a 26-lot single-family residential subdivision with private streets at a density of 5.89 dwelling units per acre (du. /ac.). Planned Development Permit Application No. P21-05564 is a proposal to modify the RS-4 (Single-Family Residential, Medium Low Density) zone district development standards to allow for a reduction in lot size, front, interior side, street side, and rear yard setbacks, an increase in lot coverage, and gated private streets. The subject property is located within the boundaries of the Fresno General Plan and the Woodward Park Community Plan. Both plans designate the subject property for the Residential - Medium Low Density planned land use (3.5 to 6 du. /ac.). Based upon the submitted subdivision design and Planned Development findings, and conditions of approval, the proposed subdivision can be found consistent with the Residential - Medium Low Density planned land use for the subject property as designated by both the Fresno General Plan and the Woodward Park Community Plan. BACKGROUND / ANALYSIS The subject properties are located on the west side of North Chestnut Avenue, north of East Teague Avenue, are infill lots, and have been previously developed with rural residences. The immediate surrounding area in all four directions are single-family residential neighborhoods. A smaller commercial center lies to the north at the southwest corner of East Shepherd and North Chestnut Avenues, and Maple Creek Elementary school lies southwest of the project site at the southeast corner of East Teague and North Maple Avenues. Planned Development Permit Application No. P21-05564 requests authorization to modify the minimum setback requirements as follows: * Front yard from 13 feet to 9 feet * Interior side yard from 4 feet per side/10 feet total to 3 feet per side/8 feet total * Street side yard from 10 feet to 5 feet * Rear yard from 10 feet to 5 feet. A 20-foot setback is required along the west property line due to an existing Fresno Irrigation District easement. In addition to the aforementioned setback reductions, the Planned Development Permit also request authorization to reduce the minimum lot depth from 85 feet to 80 feet and the minimum lot size from 5,000 sq. ft. to 4,100 sq. ft. and increase the maximum lot coverage from 50 percent to 60 percent. It should be noted that the requested 10 percent increase to a 60 percent lot coverage shall only be allowed so long as it does not exceed any maximum requirements determined by the Fresno Metropolitan Flood Control District. The subject properties are zoned RS-4/UGM and are planned for Medium Low Density Residential uses. The proposed project is required to comply with the standards within Section 15-903 of the Fresno Municipal Code (FMC), with exception of the required modifications through the Planned Development Permit. Landscaping/Walls/Open Space The proposed subdivision is located along a major street (North Chestnut Avenue) and the development will be required to install landscaping and irrigation within a minimum 20-foot-wide landscape strip across all lots with frontage along North Chestnut Avenue. A 6-foot-high masonry block wall will be required to be constructed at the rear of the landscaped areas along the major street. The developer is required to provide street trees on all public street frontages per the FMC. Street trees shall be planted at the minimum rate of one tree for each 60 feet 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 Assembly Bill (AB) 1881. 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. Pursuant to Section 12-4.705 of the FMC, residential subdivisions with tentative maps containing 50 parcels or less are required to pay in-lieu fees for open space/park facility purposes; no on-site aggregate open space is required due to the limited number of proposed lots. 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 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, including connection to the existing 12-inch sewer main in North Chestnut Avenue. The proposed project will also be required to provide payment of sewer connection charges. Implementation of the Fresno General Plan policies and the mitigation measures of the associated Program Environmental Impact Report, along with the implementation of the Water Resources Management Plan and the identified project related conditions of approval, include water main extensions within the interior of the proposed tract to service each lot, and payment of water capacity fee charges. Installation of these services with meters to proposed residential lots will provide 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 property is not located within a flood prone or hazard area. Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the FMFCD Master Plan inlet(s). The closest FMFCD Master Plan inlets are located on the northwest and northeast corners of East Teague and North Chestnut Avenues. Fire Department The Fresno Fire Department reviewed the proposed project for requirements related to water supply, fire hydrants, and fire apparatus access to the buildings on site. The project has been conditioned to provide acceptable access, and compliance with the provision of two means of emergency access during all phases of construction is required. Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Streets and Access Points The Fresno General Plan designates North Chestnut Avenue as an arterial street. The project will take access from one access point on North Chestnut Avenue via a gated entrance, and an emergency vehicle access point will be provided one lot north, also on North Chestnut Avenue. The developer will also construct private interior streets which have been modified from the City of Fresno Public Works standards. The project will require dedications and/or acquisitions for public street rights-of-way and utility easements as well as incorporation of existing easements for construction and/or retention of public facilities and infrastructure in accordance with all applicable standards, specifications and policies of the City of Fresno and responsible agencies in order to facilitate the future proposed development of the subject property. The Public Works Department, Traffic Engineering Division has reviewed the proposed project as well as potential traffic related impacts from the proposed application 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 January 19, 2022. These requirements include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems); and (2) 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. Housing Element The proposed project is not located on a site listed in the 2013-2023 RHNA Housing Sites Inventory. Council District 6 Project Review Committee The Council District 6 Project Review Committee reviewed the proposed project at their regular meeting on February 7, 2022, and voted unanimously to recommend approval of the project, 7 votes to 0. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing to all surrounding property owners within 1,000 feet of the subject properties, pursuant to Section 15-5007 of the FMC (Exhibit H). 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 �4.41 acres, 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 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. 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-b promotes the development of medium low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential areas. * 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. Woodward Park Community Plan Upon reviewing the policies contained in the Woodward Park Community Plan, staff has determined that there is only one policy that is more restrictive than that contained in the Fresno Municipal Code, which is the requirement of a 20-foot landscape outlot along the front of the subject property. The project proposes a 20-foot landscape outlot along the front of the property, complying with this policy. There are no other policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. The purpose of these goals and policies are to provide a variety of housing types for individual lifestyles and space needs. The proposed project meets the goals and objectives of the Fresno General Plan and the Woodward Park Community Plan by implementing the appropriate regulations of the RS-4 zone district and ensuring that new development is compatible to the existing structures in relation to scale, mass, and character. 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 FINDINGS The California Environmental Quality Act (CEQA), Public Resource Code Section 2100 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 32 was made and Environmental Assessment T-6370/P21-05564 was completed for this project on March 11, 2022 (Exhibit K). FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings contained within Section 15-5905 (Planned Development Permit Findings) and 15-3309 (Vesting Tentative Tract Map Findings) of the FMC can be made. These findings are attached as Exhibit F. GROUNDS FOR DENIAL OF TENTATIVE MAP The Subdivision Map Act (California Government Code �� 66400, et seq.) provides that approval of a proposed subdivision map shall be denied if any of the following findings are made: 1. The proposed map is not consistent with applicable general and specific plans, as specified in Section 65451 of the Subdivision Map Act. 2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 3. The site is not physically suitable for the proposed development. 4. The site is not physically suitable for the proposed density of development. 5. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or improvements is likely to cause serious public health problems. 7. The design of the subdivision or 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 or use of, will be provided, and that these will be substantially equivalent to those previously acquired by the public. This subsection shall only apply to easements of record or 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 Woodward Park 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. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 6370 and Planned Development Permit Application No. P21-05546 are appropriate for the subject properties. 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. 6370 dated March 4, 2022 Exhibit A-1 Planned Development Site Plan dated March 4, 2022 Exhibit B Operational Statement dated March 4, 2022 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 (1000 feet) Exhibit H Conditions of Approval for Vesting Tentative Tract Map No. 6370 dated April 6, 2022 Exhibit I Conditions of Approval for Planned Development Permit Application No. P21-05564 dated April 6, 2022 Exhibit J Comments and Requirements from Responsible Agencies Exhibit K Environmental Assessment No. T-6370/P21-05564 dated March 11, 2022