CONSIDERATION OF AN APPEAL OF
DEVELOPMENT PERMIT APPLICATION NO.
P21-00989
AND
RELATED ENVIRONMENTAL FINDING
PRESENTATION BY: ROB HOLT, SUPERVISING PLANNER
CITY COUNCIL HEARING | JULY 25, 2024ID 24-899
AERIAL MAP
Subject Property CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
W HERNDON AVE
N PROSPECT AVE
W FIR AVE
N VALENTINE AVE
LAND USE HISTORY
Previous General Plan & Zoning
General Plan (adopted in 2002) designated subject property to the Office Commercial planned land use designation. The zone district was designated as the C-P/EA (Administrative and Professional Office District/Expressway Area Overlay) zone district. 02/10/2011: Plan Amendment-Rezone adopted by City Council changing property from Office Commercial to Neighborhood Commercial planned land use designation, and rezoned from C-P/EA to C-1/EA (Neighborhood Shopping Center District/Expressway Area Overlay) zone district. Current General Plan & Zoning
Current General Plan adopted by City Council on 12/18/2014. Citywide rezone changed planned land use from Neighborhood Commercial to Urban Neighborhood Residential. Citywide zoning code update adopted by City Council in December 2015. Changed zoning from C-1/EA to RM-2/EA (Multi-Family Residential, Urban Neighborhood/Expressway Area Overlay) zone district.
CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
EXISTING LAND USE MAP
Subject Property
W HERNDON AVE
N PROSPECT AVE
W FIR AVE
N VALENTINE AVE
CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
APPEAL
Noticing
Notice of Action
8 appeal letters and 24 written correspondences received in opposition Addressed in staff report
Planning Commission Decision – Denial
Project is inconsistent with Finding B (Development Permit Findings) in that it does not meet the General Plan in regards to Urban Neighborhood Residential planned land use, and it does not take into account significant growth within the City of Fresno and the project would result in traffic impacts detrimental to the project.
Mayor & Council Member Karbassi
Appealed Planning Commission Decision on 05/29/24
CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
DEVELOPMENT STANDARDS
Density
RM-2 Allowed: 16-30
du/ac
Proposed: 22.16 du/ac
Height
RM-2 Max. Allowed: 50
feet
Proposed: 49’-10” (4-
story, 1 building)
Proposed: 41’ (3-story, 3
buildings)
CITY COUNCIL HEARING
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3-story 3-story
3-story
4-story
Garages
DEVELOPMENT STANDARDS
PLANNING COMMISSION HEARING
MAY 15, 2024 | ID 24-651
Open Space
Reduction Allowance (25%)
Public Park within 400 feet of site &
across local street.
Project site provides improved pedestrian
path to and from the site.
Required: 18,132 sf
Proposed: 18,683 sf
W FIR AVE
CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
DEVELOPMENT STANDARDS
Setbacks
Front (Herndon): N/A; Pursuant to
FMC
Interior side: Minimum Required – 5’;
Proposed – 10’ to garage, 95’-9” to
nearest building
Street side (Prospect): Minimum
Required: 15’; Proposed – 24’-4”
Rear yard (Fir): Minimum Required –
15’; Proposed – 21’-8”
CITY COUNCIL HEARING
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DEVELOPMENT STANDARDS
Expressway Area Overlay (EA)
No building erected within 200’
unless Acoustical Study is completed
with recommendation of sound
mitigation, then 75’ setback is
required.
Acoustical Study was submitted which
required 6’ block wall.
Minor Deviation application
submitted and approved for 10%
reduction of 75’ standard, allowing
for 68’ building setback.
Nearest building proposed at 68’
(applies to four-story building)
CITY COUNCIL HEARING
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DEVELOPMENT STANDARDS
Parking
82 two-bedroom dwelling units
Requirement: 123 parking spaces
(82 covered and 41 uncovered)
Proposed: 154 parking spaces (72
carports, 27 garages, 55 uncovered)
CITY COUNCIL HEARING
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HAA FINDINGS FOR DENIAL
Prohibits a local agency from disapproving a housing development project that complies with applicable, objective general plan and zoning standards and criteria, unless a local agency makes specified written findings.
A. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
B. There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899
STAFF RECOMMENDATION
1. ADOPT – Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) under a CEQA Guidelines Section 15332/Class 32 Categorical Exemption.
2. GRANT the appeal and UPHOLD the Planning and Development Department Director’s approval of Development Permit Application No. P21-00989 authorizing the construction of an 82-unit private gated multi-family development, subject to the following:
a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P21-00989 dated May 15, 2024.
CITY COUNCIL HEARING
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FINDINGS – DEVELOPMENT PERMIT
The Director or Planning Commission may only approve a Development Permit application if it finds that the application is consistent with the purposes of this article and with the following:
Finding A: The applicable standards and requirements of this Code; Finding B: The General Plan and any operative plan or policies the City has adopted; Finding C: Any applicable design guidelines adopted by the City Council; Finding D: Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required;
Finding E: Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670—21679.5.
CITY COUNCIL HEARING
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FINDINGS – MINOR DEVIATION
A decision to grant a deviation shall be based on making all of the following findings:
Finding 1: The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance; Finding 2: There are no alternatives to the requested deviation that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
Finding 3: The granting of the requested deviation will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code; and Finding 4: If the deviation requested is to accommodate religious uses protected by RLUIPA, the decision-maker must also find that the denial of the requested deviation would impose a substantial burden on religious exercise.
CITY COUNCIL HEARING
JULY 25, 2024 | ID 24-899