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Exhibit F - Fresno Municipal Code Findings

Fresno City Council
October 5, 2023

Document
Exhibit F - Fresno Municipal Code Findings
Meeting
October 5, 2023
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Fresno City Council
Original file
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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 F

FRESNO MUNICIPAL CODE FINDINGS
VESTING TENTATIVE TRACT MAP NO. 6366

TENTATIVE TRACT MAP FINDINGS

Section 15 -3309 of the Fresno Municipal Code provides that the Review Authority (Planning Commission) for a tentative tract map may approve or conditionally approve a tentative tract map if it makes all of the following findings:

Findings per Fresno Municipal Code Section 15-3309
A. Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable operative plan, adopted policies or guidelines, and the Municipal Code; and,
Finding A: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:

• Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, rec reation, open space, and educational venues that appeal to a broad range of people throughout the city.

• 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.

These goals contribute to the establishment of a comp rehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan.

Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.

Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market -based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.

Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.

Policy LU-5-c promotes medium density residential uses to maximize efficient use of residential property through a wide range of densities.

Policy LU-5-h supports housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.

Policy D -4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards.

The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self-sufficient, walkable, and interconnected. It provides residents with most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the b enefit of a Complete Neighborhood. While total self -sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.

An approximate 9,669 sq. ft. open space area is proposed at the northern area of the proposed subdivision.

Immediately north of the subject property is East Shields Avenue which provides a corridor for a variety of industrial and commercial retail uses west of the project site.

The intersection of East Shields and North Fowler Avenues immediately northwest of the subject property provides access to Bus Route 45, which travels north along North Clovis Avenue, and west along East Ashlan Avenue ending at its intersection with North Polk Avenue.

Also, west along East Shields Avenue approximately 0.20 miles west of the subject property, is Melody Park which provides a variety of recreational activities include a playground, basketball court, tennis court, and baseball field. The nearest schools to the subject property are Roger S. Oraze Elementary (approximately 0.6 miles northeast of the subject property) and Clovis East High School (approximately 2.20 miles northeast of the subject property).

Therefore, it is sta ff’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.

B. Passive and Natural Heating and Cooling. The proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision; and, Finding B: As proposed, to the extent feasible, the proposed subdiv ision will provide for future passive or natural heating or cooling opportunities by maximizing northerly-southerly facing lots (84% of the lots facing northerly-southerly).

C. Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with the Subdivision Map Act (Section 66473.7); and,
Finding C: The project consists of a 71 -lot residential subdivision/development. Th erefore, a water supply assessment is not required. The Department of Public Utilities, Water Division has reviewed the proposed project and has determined that compliance with the City’s requirements and/or restrictions for water service will provide an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes.

D. Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision; and, Finding D: The project was reviewed by appropriate partner agencies and it was determined that ther e is sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision, subject to compliance with conditions of approval dated August 2, 2023.

E. Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City of Fresno Floodplain Management Ordinance and the State of California Code of Regulations Title 23, as well as any other applicable State or federal laws.

Finding E: The proposed project site is not located within a designated floodplain or floodway.

PLANNED DEVELOPMENT FINDINGS

A Planned Development shall only be approved if all of the following findings are made:

Findings per Fresno Municipal Code Section 15-5905
A. The proposed development is consistent with the General Plan, any applicable operative plan, and adopted policies, including the density and intensity limitations that apply; and, Finding A: The project is consistent with the following Fresno General Plan goals and objectives related to land use and the urban form:

• Provide for a diversity of districts, neighborhoods, housing types (including affordable housing), residential densities, job opportunities, recreation, open space, and educational venues that appeal to a broad range of people throughout the city.

• 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.

These goals contribute to the establishment of a comprehensive city -wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment in accordance with Objective LU-1 of the Fresno General Plan.

Policy UF-1-a supports development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.

Policy UF-1-d further emphasizes provisions for a diversity and variation of building types, densities, and scale of development in order to reinforce the identity of individual neighborhoods, foster a variety of market -based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city.

Objective LU-5 of the General Plan calls for a diverse housing stock that will support balanced urban growth and make efficient use of resources and public facilities.

Policy LU-5-c promotes medium density residential uses to maximize efficient use of residential property through a wide range of densities.

Policy LU-5-h supports housing that offers residents a range of amenities, includ ing public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.

Policy D -4-e promotes innovative lot designs and patterns to enhance community livability in residential neighborhoods through new zoning provisions, with flexible development standards.

The defining characteristic of a Complete Neighborhood is a neighborhood that is mostly self-sufficient, walkable, and interconnected. It provides residents w ith most all they need on a daily basis nearby. In other words, a Complete Neighborhood anticipates and plans in advance all amenities needed in a neighborhood to ensure quality and lasting property values before the residential units are built instead of trying to piecemeal those amenities after the fact. This convenient and healthy lifestyle is the benefit of a Complete Neighborhood. While total self -sufficiency or even completeness is unlikely to be accomplished in each neighborhood, some of the defining characteristics of a Complete Neighborhood include parks and public schools within or near the neighborhood, public plaza/civic space, access to public transit, neighborhood-serving retail, and a range of employment opportunities.

An approximate 9,669 sq. ft. open space area is proposed at the northern area of the proposed subdivision.

Immediately north of the subject property is East Shields Avenue which provides a corridor for a variety of industrial and commercial retail uses west of the project site.

The intersection of East Shields and North Fowler Avenues immediately northwest of the subject property provides access to Bus Route 45, which travels north along North Clovis Avenue, and west along East Ashlan Avenue ending at its intersection with North Polk Avenue.

Also, west along East Shields Avenue ap proximately 0.20 miles west of the subject property, is Melody Park which provides a variety of recreational activities include a playground, basketball court, tennis court, and baseball field. The nearest schools to the subject property are Roger S. Oraze Elementary (approximately 0.6 miles northeast of the subject property) and Clovis East High School (approximately 2.20 miles northeast of the subject property).

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.

B. The subject site is physically suitable for the type and intensity of the land use being proposed; and,
Finding B: The Fresno General Plan classifies the subject property as Medium Density Residential (5-12 dwelling units per acre) and the project is proposing a density of

8.94 du/ac, which is consistent with the planned land use and zoning of the property.

The proposed use is also consistent with the surrounding uses, which is vastly comprised of single-family residential planned land uses.

C. Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of PD approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare; and,
Finding C: The project fronts onto North Bliss Avenue, which is a local street. There are currently FAX bus facilities serving the site along East Shields and North Fowler Avenues. The project was routed to both the Fire Department and the Department of Public Utilities and has been appropriately conditioned to provide services to the project, as well as ensure there will be no negative impacts or a reduction of public services which would result in a detriment to public health, safety or welfare.

D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and,
Finding D: Planning and Development Department staff have determined that the proposed use will not have a substantial adverse effect on surrounding land residential uses if developed in accordance with the various conditions and requirements established through the related vesting tentative tract map application review and planned development application review process. The proposed project is gated and a 6-foot masonry block wall will be constructed around the boundary of the proposed subdivision to provide separation from the existing surrounding commercial development.

E. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, the following factors should be considered:

1. Appropriateness of the use(s) at the proposed location.

2. The mix of uses, housing types, and housing price levels.

3. Provision of infrastructure improvements.

4. Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code.

5. Connectivity to public trails, schools, etc.

6. Compatibility of uses within the development area.

7. Creativity in design and use of land.

8. Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term.

Finding E: The subject property is planned and zoned for single -family residential uses. The planned development gives the prospective homebuyers the option of purchasing a smaller lot mainstream type of home with less annual expense on yard maintenance and water consumption. Private gated entrances provide for additional security for the homebuyer and create a more varied mix of residential uses for the immediate area. All required infrastructure improvements will be constructed by the project applicant. Overall, the project positively contributes to the enhancement of the neighborhood character and to the built and natural environment providing for additional private single-family residential development options for the neighborhood.

The planned development helps provide for a larger mix of housing and home types to ensure a more affordable community that appeals to a wider variety of homebuyer needs. In the long term, the proposed development will be compatible with the surrounding existing and planned land uses in the area.

Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that all of the findings above can be made.

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