REPORT TO THE PLANNING COMMISSION October 16, 2024 FROM: ASHLEY ATKINSON, Assistant Director Planning and Development Department THROUGH: ISRAEL TREJO, Planning Manager Planning and Development Department BY: ROB HOLT, Supervising Planner Planning and Development Department SUBJECT ..Title Consideration of a request for a discretionary two-year extension of time to the expiration date for Vesting Tentative Tract Map No. 6391 pertaining to approximately 14.79 acres of property located on the west side of South Martin Luther King, Jr. Boulevard, between East Church and East Jensen Avenues (Council District 3) - Planning and Development Department. 1. APPROVE the request for a discretionary two-year extension of time for the expiration date for Vesting Tentative Tract Map No. 6391, subject to compliance with the original conditions of approval as contained in Planning Commission Resolution No. 13761, and the attached Development Impact Fees dated September 24, 2024. ..Body EXECUTIVE SUMMARY Jim Shehadey of MLK 2500, LLC has filed a request for a discretionary two-year time extension of Vesting Tentative Tract Map No. 6391, pertaining to approximately 14.79 acres of property located on the west side of South Martin Luther King, Jr. Boulevard, between East Church and East Jensen Avenues. The currently requested extension may only be granted if the required findings codified in Fresno Municipal Code (FMC) Section 15-3316(C)(2) can be made. Based upon the submitted application and the circumstances, staff has determined that the findings required for such an extension can be made (Exhibit F). If the request is approved, as recommended by staff, the tentative map expiration date will be extended to August 3, 2026. BACKGROUND / PROJECT ANALYSIS Map Extension Request Vesting Tentative Tract Map No. 6391 proposes a 136-lot conventional single-family residential subdivision on approximately 14.79 acres at a density of 9.20 dwelling units per acre. On August 3, 2022, the Fresno City Planning Commission, by a vote of 5-0, recommended approval of Vesting Tentative Tract Map No. 6391, subject to the conditions noted in Planning Commission Resolution No. 13761 (Exhibit B). Pursuant to Government Code Section 66452.6(a)(1) and the provisions of the Fresno Municipal Code, an approved or conditionally approved vesting tentative map shall expire 24 months after its approval or conditional approval. Therefore, the original expiration date of the subject tentative map was August 3, 2024. This extension, if granted, would extend the expiration date to August 3, 2026. Staff recommends an extension, as stated above, which would preserve vested rights to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the date the City originally accepted Vesting Tentative Tract Map No. 6391. Development Agreement - Impact Fees Vesting Tentative Tract Map No. 6391 is a portion of a larger master plan area described as The West Creek Village Project Area ("West Creek Village"). A Development Agreement was adopted by the Fresno City Council ("Council") on February 13, 2020, and subsequently amended and approved by Council on June 29, 2022, to remove a portion of Section 3.9 which specified the number of types of residential uses to be developed within West Creek Village. All other sections of the original approval of the Development Agreement remained in place and did not change. Staff recommends an extension, as stated above, which would preserve vested rights to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date the City originally accepted Vesting Tentative Tract Map No. 6391, with the exception that the developer shall pay development fees and charges as necessary, to achieve a fiscal sustainability balance through recuperation of costs for the expansion of public facilities, services and infrastructure as necessary to support growth (Exhibit G). It should be noted that the original approval of the Development Agreement includes vested development impact fee percentage reductions, including all residential development within West Creek Village. Those vested development impact fee percentage reductions would still apply upon approval of this requested extension. SUBDIVIDER REQUEST FOR TIME EXTENSION Staff has received a letter and e-mail from the applicant relating to the subject application dated July 26, 2024 (Exhibit E). This letter and e-mail discuss that due to a change in the developer for the project, a discretionary two-year extension is being requested as the new developer is working on the Final Map requirements and it is expected that the Final Map will be submitted during this extension period. Planning Department staff has reviewed the above noted letter from the applicant. Based on the information provided within the letter, staff continues to recommend approval of the request for a discretionary two-year extension of time for Vesting Tentative Tract Map No. 6391. ENVIRONMENTAL FINDINGS An Addendum to Environmental Assessment Nos. A-17-007/R-17-010/TPM-17-06/ANX-17-005 and P18-03290, as prepared for Environmental Assessment No. T-6391, was adopted by the Planning Commission on August 3, 2022, relative to the approval of Vesting Tentative Tract Map No. 6391. No further environmental analysis is required. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the application staff concludes that the required findings contained within FMC 15-3316(C)(2) (Extensions of Time) can be supported. The required findings are set forth below and explained within Exhibit F attached to this report: a) No Change to General Plan. There have been no changes to the provisions of the General Plan or any operative plan, or development plan that would cause the map to no longer be in conformity with the General Plan, operative plan, or development plan. b) No Material Change to Development Code. There have been no changes to the provisions of this Development Code that would cause the map to no longer be in conformity with this Development Code. c) No Changes Affecting Application of the General Plan and Development Code. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Development Code apply to the project. d) No Change Detrimentally Affecting Availability of Public Facilities to Serve Project. There have been no changes to the capacities of community resources, including roads, schools, sewage treatment or disposal facilities, or water supply, so that there is no longer sufficient remaining capacity to serve the project. CONCLUSION The appropriateness of the proposed request for an extension of time has been examined with respect to its conformity with the goals, objectives and policies of the Fresno General Plan and the Citywide Development Code; its continued compatibility with surrounding existing or proposed uses and character of the site and its surroundings; and with respect to any changes to capacities of community resources that may have occurred. Based upon this evaluation, it can be concluded that the additional two-year extension of time to the expiration date of Vesting Tentative Tract Map No. 6391 can be supported. ATTACHMENTS: Exhibit A - Vesting Tentative Tract Map 6391 [3-29-2022] Exhibit B - Planning Commission Resolution No. 13761 Exhibit C - Aerial Map Exhibit D - Vicinity Map Exhibit E - Subdivider Request for Extension of Time [7-26-2024] Exhibit F - Fresno Municipal Code Findings Exhibit G - Development Impact Fees [9-24-2024]