CITY COUNCIL HEARING: Conditional Use Permit Application No.
P23-00835, Planned Development Permit Application No. P23 -02080, and related Environmental Assessment
Exhibit I-2
Environmental Assessment
P23-00835 / P23-02080 [1/3/2024]
CITY OF FRESNO ADDENDUM TO
ENVIRONMENTAL ASSESSMENT NOS. A-17-007/R-17-010/TPM-17- 06/ANX-17-005, P18-03290, T-6391 AND DEVELOPMENT AGREEMENT
ADDENDUM PREPARED FOR CONDITIONAL USE PERMIT
APPLICATION NO. P23-00835 & PLANNED DEVELOPMENT PERMIT
APPLICATION NO. P23-02080
Addendum prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines
This addendum
was not circulated
for public review
pursuant to Section
15164(c) of the
CEQA Guidelines.
The full Initial Study and the Master
Environmental Impact Report SCH No.
2012111015 are on file in the Planning and
Development Department,
Fresno City Hall, 3rd Floor
2600 Fresno Street
Fresno, California 93721
(559) 621-8277
ENVIRONMENTAL
ASSESSMENT NUMBER:
P23-00835/P23-02080
APPLICANT:
Robert Vermeltfoort
VAI
8525 North Cedar Avenue, Suite 106
Fresno, CA 93720
PROJECT LOCATION:
Located on the southwest corner of East Church Avenue
and South Martin Luther King, Jr. Boulevard in the City and County of Fresno, California (± 2.98 acres)
Latitude: 36°43'50.0" N & Longitude: 119°48'03.7" W
Assessor’s Parcel Number(s): 479 -050-14 & Portion of
479-050-15
Mount Diablo Base & Meridian, Township 14S, Range 20E,
Section 16
PROJECT DESCRIPTION: Conditional Use Permit Application No. P23-00835 proposes to construct an approximately 5,781 square foot multi -tenant commercial shell building with drive -thru with on- and off- site improvements including a parking lot with 168 parking spaces, landscaping, trash enclosures, curb, gutter, sidewalk, and a pad for a future commercial building. Planned Development Permit Application No.
P23-02080 requests to modify Fresno Municipal Code development standards 15- 2020(F), 15- 2778(G)(1), and 15-2778(G)(2) to allow for: (1) the Commercial Community development standards to be applied to a portion of land zone Residential Multi-family; (2) allow for the placement of the drive-through between the building and the street; and (3) allow for the reduction of glazing along the street oriented walls.
Environmental Assessment No. A -17-007/R-17-010/TPM-17-06/ANX-17-005, a Mitigated Negative Declaration (“MND”) dated August 2, 2017, was prepared for a project that included an Annexation, Plan Amendment, Rezone, and Tentative Parcel Map. Annexation Application No. ANX-17-005 was approved for the detachment of the approximately 115.95 acres of property bounded by East Church Avenue to the Addendum to a Mitigated Negative Declaration
Environmental Assessment No. P23-00835/P23-02080
November 03, 2023
north, South Martin Luther King, Jr. Boulevard to the east, East Jensen Avenue to the south, and South Knight Avenue to the west (“West Creek Village Project Area”) from the Kings River Conservation District and the Fresno County Fire Protection Distr ict and annexation into the City of Fresno. Plan Amendment Application No. A-17-007 was approved for the aforementioned bounded area that amended the Fresno General Plan and Edison Community Plan from the following land use designations: Medium Density Residential (±19.25 acres), Urban Neighborhood (±29.44 acres), Community Commercial (±10.11 acres), Employment – Office (±37.69 acres), and Open Space – Community Park (±19.09 acres) to Medium Density Residential (±54.48 acres), Community Commercial (±2.40 acres), Regional Commercial (±22.52 acres), Open Space – Park (±9.63 acres), and Public Facility – College (±26.55 acres). Pre- zone Application No. R-17-010 was approved that amended the Official Zone Map from the Fresno County AL- 20 (Limited Agricultural) t o the City of Fresno zone districts designated as follows: RS -5 (Single-Family Residential, Medium Density) (±54.48 acres), CC (Commercial – Community) (±2.40 acres), CR (Commercial – Regional) (±22.52 acres), PR (Parks and Recreation) (±9.63 acres), and P I (Public and Institutional) (±26.55 acres). Tentative Parcel Map No. 2017- 06 was approved for the subdivision of the subject property into four parcels that make up the West Creek Village Project Area.
Environmental Assessment No. P18- 03290, an Addendum t o Environmental Assessment No. A -17- 007/R-17-010/TPM-17-06/ANX-17-005, dated January 13, 2020, was prepared for a project that included a Plan Amendment and Rezone which would develop the project as a mixed- use activity center accommodating a diversified h ousing stock, commercial amenities, and anchored by the future Fresno City College – West Fresno Satellite Campus. Plan Amendment No. P18- 03290 was approved for the redesignation of approximately 89.63 acres of existing land, previously analyzed under Plan Amendment Application No. A-17-007, which include changes to the following land use designations: Open Space – Community Park (±9.51 acres), Public Facilities – College (±6.48 acres), Medium Density Residential (±50.18 acres), Regional Commercial (±21.08 acres), and Community Commercial (±2.43 acres) to Medium Density Residential (±26.58 acres), Medium High Density Residential (±21.32 acres), Open Space – Community Park (±11.74 acres), Community Commercial (±3.08 acres), and Regional Commercial (±26.96 acres). Rezone Application No. P18- 03290 was approved for approximately 89.63 acres of existing land, previously analyzed under Rezone Application No. R -17-010, which include changes to the following zone districts in the Official Zone Map of the City of Fresno: RS-5 (Single-Family Residential, Medium Density) (±50.18 acres), CR (Commercial – Regional) (±21.08 acres), PI (Public & Institutional) (±6.48 acres), CC (Commercial – Community) (±2.43 acres), and PR (Parks and Recreation) (±9.51 acres) to RS -5 (Single-Family Residential, Medium Density) (±26.58 acres), RM -1 (Multi-Family Residential, Medium High Density) (±21.32 acres), CC (Commercial – Community) (±3.08 acres), PR (Parks and Recreation) (±11.74 acres), and CR (Commercial – Regional) (±26.96 acres). A Development Agreement was adopted as part of this Addendum which included limitations on the maximum density requirements within the West Creek Village Project Area.
Environmental Assessment No. P23-00835/P23-02080, an Addendum to Environmental Assessment No.
A-17-007/R-17-010/TPM-17-06/ANX-17-005 dated August 2, 2017 and Environmental Assessment No.
P18-03291 dated January 13, 2020 assesses the anticipation of the approval of a n approximately 5,781 square foot multi -tenant commercial shell building and pad for a future commercial building on approximately 2.98 acres of property designated for Commercial Community planned land use. The approval of a multi -tenant commercial shell building and pad for a future commercial building within this specific area of the West Creek Village Project Area is functionally a technical change within the meaning Addendum to a Mitigated Negative Declaration
Environmental Assessment No. P23-00835/P23-02080
November 03, 2023
of California Environmental Quality Act (CEQA) Guidelines Section 15164 because the project does not reduce the maximum number of dwelling units or exceed the permissible commercial community space allowed specified in the Development Agreement and the amendment to the Development Agreement .
This minor technical change is appropriate for an Addendum pursuant to CEQA Guidelines Section 15164 and Public Resources Code Section 21166.
Therefore, the City of Fresno has determined that an Addendum to Environmental Assessment No. A-17- 007/R-17-010/TPM-17-06/ANX-17-005 dated August 2, 2017 and Environmental Assessment No. P18 - 03291 dated January 13, 2020 is appropriate given that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent Environmental Impact Report or negative declaration have occurred; and, new information added is only for the purposes of providing m inor changes or additions, in accordance with Section 15164 of the CEQA Guidelines.
CEQA Section 15162 provides that when a negative declaration has been adopted for a project, no subsequent negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
FINDINGS PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES. (1) Substantial changes are proposed in the project which would require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Finding
(1):
The approval of a n approximately 5,781 square foot multi -tenant commercial shell building and pad for a future commercial building does not involve any new significant environmental effects or a substantial increase in the severity of previously identified significant effect s that would require major revisions of the previous Mitigated Negative Declaration (“MND”) and Addendum. The Development Agreement and amendment to the Development Agreement of the subject property previously analyzed in the MND and Addendum allowed for flexibility in the placement of residential units so long as the West Creek Village did not exceed residential density limitations. Placement of residential units in non- residential zoning in culmination with parcel line adjustments and split zoning excepti ons allow for commercial uses within residential zoning so long as the West Creek Village does not exceed the commercial limitations. These factors do not physically change any of the approved maps, and do not create any new significant environmental effects or substantially increase in the severity of previously identified significant effects.
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negat ive Declaration due to the
involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or,
Addendum to a Mitigated Negative Declaration
Environmental Assessment No. P23-00835/P23-02080
November 03, 2023
Finding
(2):
There have been no substantial changes to the surrounding area or project site which would otherwise affect the circumstances under which the project is undertaken. The severity of environmental issues identified in the Mitigated Negative Declaration dated August 2, 2017, and Addendum dated January 13 , 2020,
have not substantially increased since the
preparation of the initial study.
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Mitigated Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous Negative Declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous Negative Declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; and, (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous Mitigated Negative Declaration, would substantially reduce one or more significant effects on the environment.
Finding
(3):
This Addendum is relative to the Prior MND and Addendum and assesses the approval of a commercial shell building for the project that was not previously specified in the previous MND and Addendums. This addendum did not identify new information regarding significant effects not previously discussed in the M ND and Addendum , and potential effects previously examined are not substantially more severe than originally discussed. No mitigation measures which were previously identified have been found infeasible, nor has it been determined that identified mitigation measures would not substantially reduce significant effects of the project. No mitigation measures have been added or modified, nor are they considerably different from those analyzed in the previous MND and Addendum.
This addendum contains no additional information regarding proposed mitigation measures and does not change or affect the previous findings of the MND and Addendum. Therefore, no new information identifies significant or substantially more severe effects than originally discussed.
ADDENDUM PREPARED BY:
Steven Martinez, Planner II
SUBMITTED BY:
Ralph Kachadourian
Ralph Kachadourian, Supervising Planner
CITY OF FRESNO PLANNING AND
DEVELOPMENT DEPARTMENT
DATE: November 03, 2023