REPORT TO THE PLANNING COMMISSION June 1, 2022 FROM: Will Tackett, Planning Manger Planning & Development Department THROUGH: McKencie Perez, Supervising Planner Planning & Development Department BY: Aubrie Richardson, Planner II Planning & Development Department SUBJECT ..Title Consideration of Rezone Application No. P22-00451, pertaining to �5.57 acres of property located on the southwest corner of West Bullard Avenue and North Del Mar Avenue (Council District 4) - Planning & Development Department. 1. RECOMMEND ADOPTION (to the City Council) of Environmental Assessment No. P22-00451, dated May 18, 2022, a determination that the proposed project is in compliance with Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the California Environmental Quality Act; and, 2. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. P22-00451, requesting authorization to rezone the subject property from the PI/cz (Public and Institutional/conditions of zoning) zone district to the PI/cz (Public and Institutional/conditions of zoning) zone district in order to modify the conditions of zoning tied to the subject property as identified in the staff report to the Planning Commission. ..Body EXECUTIVE SUMMARY Rezone Application No. P22-00451 was filed by Jennifer Clark, on behalf of the City of Fresno, and pertains to approximately �5.57 acres located at 255 West Bullard Avenue. The subject property is planned for Public/Quasi-public Facility uses and is currently zoned PI/cz (Public and Institutional/conditions of zoning). The request is for authorization to rezone the subject property from the PI/cz (Public and Institutional/conditions of zoning) zone district to the PI/cz (Public and Institutional/conditions of zoning) zone district in order to remove a condition of zoning previously established in 2001 and replace with alternative conditions of zoning. The existing condition of zoning on the property limits the development of the site to a school or college. However, the current base zone district of PI has development restrictions related to public facilities. Additional conditions of zoning are proposed for the subject property to limit the uses permitted on the subject property. BACKGROUND The subject property is located within the boundaries of the Fresno General Plan, Bullard Community Plan, and the Fresno County Airport Land Use Compatibility Plan. These plans designate the subject �5.57-acre property for Public/Quasi-public Facility planned land uses. The underlying PI (Public and Institutional) zone district is consistent with Public/Quasi-public Facility planned land use designation. The subject property is currently developed with an existing building, which is currently occupied. The site was constructed prior to annexation into the City of Fresno in 1980. The surrounding property to the north is developed with multifamily residences, to the west with professional office uses, and to the south and east with single family residences. Based upon the existing condition of zoning tied to the property, only schools and colleges are permitted. Therefore, the subject rezone application was filed to remove the condition of zoning and allow for limited uses permitted in the PI zone district. Public Notice and Input Council District Project Committee Review The Council District 4 Project Review Committee does not currently have an active committee. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of the May 4, 2022 Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on April 22, 2022 (Exhibit J). At the May 4, 2022 hearing, the Planning Commission continued the item to May 18, 2022. On May 18, 2022, after comments from the public were received, the Planning Commission continued the item to June 1, 2022. No additional notices were mailed because the project was continued to a date certain. Public Input At the meeting of the Planning Commission held on May 18, 2022, concerns were raised by members of the public regarding potential future use of the site if the existing condition of zoning is removed. Staff heard these concerns and proposed modification to the previous recommendation made to the Planning Commission as outlined under the Condition(s) of Zoning subsection herein below. Public testimony was also received stating a concern over the height of the existing wall along the southern boundary of the subject property abutting the side and rear yards of adjacent single-family homes. Staff acknowledges an apparent grade differential between the adjacent properties, wherein the grade of the subject property is higher than the grade of the adjacent single family residential properties. Section 15-2008-B of the Fresno Municipal Code requires a six-foot high screen wall to be provided on the interior lot lines where any non-residential use abuts a residential district and where multi-family development of four or more units abuts a single-family residential district. Pursuant to Section 15-305-B of the Fresno Municipal Code, the height of other structures such as fences (or walls) is the vertical distance from the ground level immediately under the structure to the tope of the structure. Where a grade differential exists, the height of the fence (or wall) is measured from the ground level on the highest side of the fence/wall. Therefore, it is staff's position that the height of the wall along the southerly property line be increased to the required minimum 6-foot height, as measured from the ground level of the highest side, prior to approval of a Zone Clearance or other development application for future use or development of the subject property. On May 19, 2022, staff received an email from Marcia Vanderpoel who had additional questions for the Commissioners. Staff also received an email from Rodney DeLara on May 25, 2022, who had a concern about noticing and the time frame to review the related documents. On May 26, 2022, staff received an email from Anna P. who stated they are in opposition of the rezone application (Exhibit K). Condition(s) of Zoning Rezone Application No. R-00-041 approved by the Fresno City Council on January 23, 2001, by Ordinance No. 2001-4 (Exhibit I), rezoned 5.66 acres of property located on the southwest corner of North Del Mar and West Bullard Avenues from the R-1-C (Single-Family Residential) zone district to the C-P (Administrative and Professional Office) zone district for purposes of facilitating commercial office development. Prior to approval of the proposed C-P zone district a condition of zoning was added. On May 10, 2001, a Zoning Contract was recorded on the subject property, pursuant to the requirements of Rezone Application No. R-00-041. The ordinance specified one condition of zoning, outlined below: 1) The use of the subject property described here-in-above shall be limited to the development of a school or a college. Rezone Application No. R-00-041 was submitted by a non-profit organization, Heald Colleges of California, for the purposes of establishing a school at the location. The primary purpose of the condition of zoning was based on the proposed use and the residential properties located in the surrounding area. City Council adopted a citywide rezone on December 3, 2015, though Ordinance 2015-39. The citywide rezone application rezoned the subject property to PI/cz. The subject Rezone Application No. P22-00451, proposes to remove the condition of zoning given that the base zone district is PI, has fairly restrictive limitations on uses that are permitted and in order to allow greater potential for the subject property to be marketed and or sold for future utilization. Based upon the input that the Planning Commission and staff received, and based upon the concerns expressed by members of the public, staff recommends that the existing condition of zoning be removed and be replaced with alternative conditions of zoning, which prohibit the following uses outlined in Table 15-1402 of the Fresno Municipal Code (FMC) for the PI zone district: a. Emergency Shelters provided for the purpose of a homeless encampment. b. Substance Abuse Treatment Clinics. c. Recycling Processing Facilities. d. Utilities, Major. e. Waste Transfer Facility. Fresno Municipal Code Future development of the site or use of the existing building shall comply with the provisions of the FMC, including but not limited to setbacks, transition standards, parking, and landscaping, and shall comply with all applicable design guidelines and development standards for the PI (Public and Institutional) zone district. LAND USE PLANS AND POLICIES The Fresno General Plan designates the subject property for Public/Quasi-public Facilities planned land use and provides objectives to guide in the development of this project. The planned land use designation is intended for public facilities, such as city hall, county buildings, schools, colleges, the municipal airports, and hospitals. It also includes public facilities, such as fire and police stations, city-operated recycling centers, sewage treatment plants, neighborhood, community and regional parks, recreational centers, and golf courses. Finally, it applies to multi-purpose trails that serve both regional and neighborhood needs. The purposes of the public and semi-public zone districts are: * Provide areas for a wide range of public facilities, including parks and open space, educational facilities, cultural and institutional uses, health services, municipal offices, general government operations, utility, and public service needs, and other public or quasi-public facilities. * Ensure that the development and operation of public and semi-public uses protects and enhances the character and quality of life of surrounding residential areas. * Ensure the provision of services and facilities needed to serve residents, businesses, and visitors and maintain a high quality of life standard. * Implement and provide appropriate regulations for General Plan classifications of "Open Space," and "Public and Institutional." The Fresno General Plan provides objectives and policies to guide development. The following are applicable objectives and policies from the Fresno General Plan that apply to the project: * Objective ED-1 supports economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. o Policy ED-1-a Ensure the City of Fresno has appropriate resources in place to implement its economic development strategy and work in close coordination with other public agencies, private entities, the nonprofit-sector, and multicultural communities to coordinate of economic development efforts on a region-wide basis. * Objective LU-1 promotes the establishment of 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-c Promotes orderly land use development in pace with public facilities and services needed to serve development. * Objective LU-8- Provides for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. o Policy LU-8-a Protects civic and institutional areas from incompatible uses that could affect their vitality and contributions to the city. o Policy LU-8-c Allows public facility uses in zoning districts where appropriate. The proposed project would allow development on an existing property within the City of Fresno. The project promotes public facility development and reinvestment within the City and preserves and protects resources within the City by expanding opportunities for development on infill properties. Infill development conserves resources and takes advantage of existing infrastructure. Furthermore, the proposed public facility development promotes opportunities for investment into the community to meet educational, medical, social, economic, and cultural needs. Bullard Community Plan The subject property is designated for Public/Quasi-public Facility planned land uses by the Bullard Community. Upon reviewing the policies contained in the Plan staff has determined that there are no policies that are applicable or are no more restrictive than those contained in the Fresno General Plan or the FMC. However, should there be a conflict the FMC shall control pursuant to Section 15-104-D-4 of the FMC. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area under the Fresno Yosemite International Specific Plan and the Fresno County Airport Land Use Compatibility Plan. The project site is located within the Fresno Yosemite International Airport's (FYIA) Safety Zone 7 - Precision Approach Zone and Noise Contour 60-64 Community Noise Equivalent Level (CNEL) boundaries. The project has been deemed consistent with the plan given that the existing base zone district of PI is not changing. The proposed removal and addition of the condition of zoning maintains consistency with the Public/Quasi-public Facility planned land. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application, staff concludes that the required findings of Section 15-5812 (Rezone Findings) of the FMC can be made. These findings are attached as (Exhibit L). ENVIRONMENTAL FINDINGS Staff has determined that the project is consistent with the California Environmental Quality Act Section 15183, which mandates that projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Environmental Assessment No. P22-00451 dated May 18, 2022 (Exhibit M) was prepared for this project. As described above, the removal of conditions of zoning is consistent with the land use designation and development intensities assigned to the project site by the City of Fresno General Plan. Since the proposed project is consistent with the land use designation and development intensity for the site identified in the General Plan, the site would not result in any new or altered cumulative impacts beyond those addressed in the Environmental Assessment. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan, Bullard Community Plan, and the Fresno County Airport Land Use Compatibility 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 Rezone Application No. P22-00451 is appropriate for the subject property. Action by the Planning Commission will be a recommendation to City Council. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Planned Land Use Map Exhibit D - Zoning Map Exhibit E - Noticing Map Exhibit F - Master Application Exhibit G - Operational Statement Exhibit H - Exhibits (Site Plans and Operational Statement) Exhibit I - Ordinance and Zoning Contract for Rezone Application No. R-00-041 Exhibit J - Public Hearing Notice & Noticing Map Supplemental Exhibit K- Public Comments REVISED Exhibit L - Fresno Municipal Code Findings Exhibit M - Environmental Assessment