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Exhibit L - Environmental Assessment No. TPM 2022-03/P21-03755/P21-03756 [1-25-2023]

Fresno City Council
March 30, 2023

Document
Exhibit L - Environmental Assessment No. TPM 2022-03/P21-03755/P21-03756 [1-25-2023]
Meeting
March 30, 2023
Body
Fresno City Council
Original file
158 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit L
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CITY OF FRESNO

CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. TPM 2022-03/P21-03755/P21-03756

THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY

EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.

APPLICANT: Jeff O’Neal
Provost and Pritchard Consulting Group
130 N Garden St
Visalia, CA 93291

PROJECT LOCATION: 477 West Bullard ; Located on the south side of West Bullard between North Maroa and North Winchester Avenues (APN:
416-341-22)

PROJECT DESCRIPTION:

Tentative Parcel Map No. 2022 -03 was filed by Provost and Pritchard Consulting Group , on behalf of Adriatic LLC, and pertains to approximately 0.68 acres of property located on the south side of West Bullard Avenue, between North Maroa and North Winchester Avenues. The proposed map is a request to subdivide the subject property into 4 single-family residential parcels. Annexation Application No. P21 -03755 (for the Bullard-Maroa No. 3 Reorganization) proposes detachment from the Kings River Conservation District and North Central Fire Protection District and annexation to the City of Fresno. Pre-zone application No. P21-03756 proposes to pre -zone the subject property from the Fresno County R-1-C/NB (Single Family Residential/Neighborhood Beautification) zone district to the City of Fresno RS-4 (Single- Family Residential, Medium Low Density) zone district.

Tentative Parcel Map No. 2022 -03 is exempt under Section 15315/Class 15 (Minor Land Division) of the California Environmental Quality Act (CEQA) Guidelines.

Section 153 15/Class 15 of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent:

The subject application meets all the requirements of a Section 15315 Class 15 Categorical Exemption, as follows. CEQA Guidelines Section 15387 defines “urbanized area” as a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. According to the 2010 Census – Urbanized Area Reference Map: Fresno, CA provided by the United States Census Bureau ( reference link), the subject property is located within the boundary of an urbanized area. The subject property is also currently zoned residential within the County of Fresno and will 2 | P a g e

be pre-zoned residential when annexed into the City of Fresno.

The proposed subdivision consists of four parcels. The proposed subdivision is in conformance with development standards of the RS-4 zone district, including minimum lot depth, width , area, and density. The proposed resident ial subdivision provides consistency with Policy LU-5-b which promotes medium-low density residential uses to preserve existing uses of that nature or provide a transition between low and medium density residential uses and Policy PU -3-h (Annexations) whic h calls for the development of annexation strategies to include the appropriate rights -of-way and easements necessary to provide cost effective emergency services. The subject property is planned for medium low density residential uses in an area that is preserving existing uses of a similar nature , especially to the north and south. The proposed annexation will include the appropriate rights-of-way necessary to provide cost effective emergency services, including fire and police.

The proposed subdivision does not require any variances or exceptions to the development standards of the RS-4 zone district.

The Fire Department memorandum dated November 22, 2022 states that City of Fresno public water and sewer mains are available in West Bullard Avenue along the project frontage to serve the proposed four parcels, and the subject property is currently in the County of Fresno and will need to provide payment of a fire service transition fee to the North Central Fire Protection District upon annexation. Furthermore, the Department of Public Utilities memorandum dated December 5, 2022 states that construction of on-site water and sewer facilities shall be private, installation of water service(s) and meter box(es) is required, all sanitary sewer mains shall be ext ended within the proposed parcel map to provide service to each lot, installation of sewer parcel/house branch(es) is required and shall be separate for each parcel, and cross -access agreements for water services shall be required to cross each parcel to t he existing 8-inch water main in West Bullard Avenue. The Fresno Metropolitan Fresno Flood Control District memorandums dated December 14, 2022 states that the District’s system can accommodate the proposed pre-zone. The proposed subdivision includes an easement that allows for cross access between the propo sed four parcels. Thus, all services and access to the proposed parcels to local standards will be available.

According to the Fresno County Assessor Map Book under the 2020 roll year (past three years), the subject property remained the same and was not subdivided, thus the subject property was not involved in a division of a larger parcel within the previous two years.

The proposed parcel map drawn by Dixon & Associates, Inc. Land Surveying provides a statement that states the project site has an average slope of less than 20 percent.

Cumulatively, the proposed subdivision is exempt from the provisions of CEQA Guidelines Section 15315.

Annexation Application No. P21 -03755 is exempt under Section 153 19(b)/Class 19 (Annexations of Existing Facilities and Lots for Exempt Facilities).

Section 15319/Class 19 consists of the following annexations:
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b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures

The proposed annexation includes four parcels with a range between a minimum of 6,795 sq. ft. and a maximum of 8,276 sq. ft. to be located within the City of Fresno RS - 4 (Single-Family Residential, Medium Low Density) zone district. Pursuant to Table 15- 903-1 of the Fresno Municipal Code, the RS -4 zone district minimum lot area is 5,000 sq. ft. and maximum lot area is 9,000 sq. ft. The smallest proposed parcel is above the minimum lot area requirements of the RS-4 zone district and the largest proposed parcel is below the maximum lot area requirements of the RS-4 zone district.

CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) allows for one single -family residence, or a second dwelling unit in a residential z one. In urbanized areas, up to three single -family residences may be constructed or converted under this exemption. The intent of the proposed subdivision is to allow for the future construction of single-family homes on each proposed lot and a second dwelling unit if pursued. The construction will only occur after the Final Map has recorded and legal lots of record are created. Considering this exemption applies to each individual parcel, the proposed project conforms to CEQA Guidelines Section 15319.

Pre-zone Application No. P21-03756 is exempt as outlined in CEQA Guidelines Section 15061(b)(3) (Review for Exemption):

b) A project is exempt from CEQA if:

3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

An enactment and amendment of zoning ordinances, including pre-zones, is considered a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378(a)(1) (Project). The proposed pre-zone would change the existing Fresno County R-1-C/NB (Single Family Residential/Neighborhood Beautification) zone district to the proposed City of Fresno RS -4 (Single-Family Residential, Medium Low Density) zone district.

Pursuant to the Fresno County General Plan, the density requirement of the R-1-C zone district (designated as Mountain Residential in the General Plan) is one dwelling unit per 9,000 sq. ft., and require uses similar to that of those allowed in the City of Fresno RS - 4 zone district. The Medium Low Density Residential planned land use designation allows for between 3.5 and 6 dwelling units per acre. The subject property is approximately 0.68 acres, or 29,621 sq. ft. The maximum number of dwelling units based on the 9,000 sq. ft. requirement from the Fresno County General Plan is four dwelling units. The maximum number of dwelling units based on the City of Fresno Medium Low Density Residential planned land use designation is four dwelling units. 4 | P a g e

Considering the types of uses allowed within the Fresno County R-1-C zone district and the City of Fresno RS-4 zone district are virtually similar, and the density requirements allow for the same maximum number of dwelling units on the subject property, it can be seen with certainty that there is no possibility that the proposed subdivision would have a significant effect on the environment, and is not subject to CEQA.

None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, as the subject site is currently vacant property in an urbanized residential area, and any future proposed development and land use changes will be subject to the California Environmental Quality Act as well as the City’s development standards the proposed project is not expected to have a significant effect on the environment.

Accordingly, a categorical exemption, as noted above, has been prepared for the project.

Date: January 25, 2023
Submitted by:

Rob Holt
Planner III
City of Fresno
Planning and Development
Department
(559) 621-8056

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