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HomeMy WebLinkAboutT-5141 - Report - 3/10/2005 *- acny of REPORT TO THE CITY COUNCIL FINAL MAP C H E C KL I S �^ TRACT NO. 5141/ UCM February 24, 2004 PHASE I OF VESTING TENTATIVE TRACT NO. 51 nrrnvrr1u D FROM: NICK P. YOVINO, Director DEPARTMENT DIRECT Z!J�. Planning and Development Department a C177MANAGER BY: DARRELL UNRUH,, ing Manager Planning Division SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-03-17 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-03-17/T-5141 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the finding of a Mitigated Negative Declaration for Environmental Assessment No. R-03-17/ T-5141 dated January 14, 2004. 2. APPROVE Rezone Application No. R-03-17 to rezone the subject property from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management)to the R-1/EA/U GM(Single Family Residential/ Expressway ArealUrban Growth Management) zone district. EXECUTIVE SUMMARY Rezone Application No. R-03-17 proposes to change the zone district from AE-5/UGM (Five Acre Exclusive Agricu/turallUrban Growth Management)to R-1/EA/UGM (Single Family ResidentiallExpresswayArea/Urban Growth Management) for approximately 35 acres of property located on the southeasterly side of the Grantland Avenue Diagonal(alignment),between West Sierra and North Polk Avenues. The applicant,Lennar Homes, has also filed Vesting Tentative Tract Map No. 5141/UGM proposing to subdivide the subject property into a 144-lot single family residential subdivision at an overall density of 4.1 units per acre. The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno General Plan and the Bullard Community Plan. PROJECT INFORMATION PROJECT A 144-lot single-family residential subdivision on approximately 35 acres (gross) of property to be developed at an overai] density of 4.1 units per acre APPLICANT Lennar Homes (Engineer: Brandon Broussard- Yamabe and Horn Engineering) LOCATION Southeasterly side of the Grantland Avenue Diagonal (alignment), between West Sierra and North Polk Avenues(Council District 2, Councilmember Calhoun) SITE SIZE 35 acres LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing: AE-5/UGM (Five Acre Exclusive Agricu/turallUrban Growth Management) Proposed: R-1/EA/UGM (Single Family ResidentiallExpressway ArealUrban Growth Management) r REPORT TO THE CITY COUNCIL Rezone Application No. R-03-17 F=ebruary 24, 2004 Page 2 PLAN DESIGNATION Proposed R-1/EA/UGM zone district and 144-lot single family AND CONSISTENCY residential subdivision is consistent with 2025 Fresno General Plan and Bullard Community Plan designation of the site for Medium Density Residential land use ENVIRONMENTAL FINDING Mitigated Negative Declaration issued on January 14, 2004. PLAN COMMITTEE The Bullard Citizens Advisory Committee took action at their RECOMMENDATION meeting on December 8, 2003 to unanimously recommend approval of the applications. STAFF RECOMMENDATION Recommend approval of Rezone Application No. R-03-17 and approve Vesting Tentative Tract Map No. 5141/UGM subject to compliance with the Conditions of Approval for T-5141/UGM dated February 4, 2004. PLANNING COMMISSION On February 4, 2004, the Fresno City Planning Commission voted RECOMMENDATION 6 to 0 to recommend approval of the rezone application and related environmental assessment. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use North Medium Density Residential R-1/UGM Single Family Single Family Residentiall Residences Urban Growth Management Neighborhood Commercial C-1/UGM Vacant Neighborhood Commercial Urban Growth Management South Medium Density Residential R-1/UGM Single Family Single Family Residentiall Residences Urban Growth Management East Medium Density Residential R-1/UGM Single Family Single Family Residentiall Residences Urban Growth Management Office Commercial C-P/EA/UGM Vacant Administrative and Professional Office/Expressway ArealUrban Growth Management R-2/UGM Medium High Density Low Density Multi-Family Residentiall Vacant Residential Urban Growth Management West Medium High Density AE-5/UGM Vacant Residential Five Acre Exclusive Agriculturall Urban Growth Management Medium Density Residential R-1/UGM Vacant Single Family Residentiall Urban Growth Management REPORT TO THE CITY COUNCIL Rezone Application No. R-03-17 February 24, 2004 Page 3 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-03-07/T-5078 considered potential environmental impacts associated with the subject rezone and tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan, however, it is not within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from MEIR No. 10130 as well as project specific mitigation measures. The mitigated negative declaration was issued on January 14, 2004. This environmental finding was properly noticed with no comments filed within the 20-day review and,comment period. BACKGROUND /ANALYSIS The applicant, Lennar Homes, has filed Rezone Application No. R-03-17 and Vesting Tentative Tract Map No. 5141/UGM for 35 acres of property located on the southeasterly side of the Grantland Avenue Diagonal (alignment), between West Sierra and North Polk Avenues. The rezone application is requesting a zone change from the AE-5/UGM (Five Acre Exclusive Agricultural/Urban Growth Management) zone district to the R- 1/EA/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5141/UGM is proposing to subdivide the subject property into 144 single family residential lots for a density of 4.1 dwelling units per acre. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which updated the Bullard Community Plan. The updated Community Plan designates the subject property for medium density residential land use. The applicant wishes to pursue development of the subject property with 144 single family homes. The requested R-1/EA/UGM zone district conforms to this medium density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix". Surrounding land uses are characterized by vacant and single family residential to the north, south, west and east. Access to the subject site will be from North Polk Avenue, which is designated as a collector street and North Grantland Diagonal, which is designated as a superaterial street. The traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management (UGM) Service Delivery policies and Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure availability and service demands have been verified by the Department of Public Utilities with required facilities to be located in North Polk, West Menlo, West Wathen and West Corona Avenues. Bullard Community Plan Advisory Committee The Bullard Community Plan Advisory Committee reviewed Rezone Application No. R-03-17 and Vesting Tentative Tract Map No. 5141/UGM at their meeting on December 8, 2003; the committee took action to unanimously recommend approval of the applications. Fresno City Planning Commission Review On February 4, 2004, the Fresno City Planning Commission reviewed the proposed project and took action to unanimously recommend approval of the rezone application. The Planning Commission also unanimously approved the vesting tentative tract map. No appeal has been received regarding the tract map; therefore, the commission's action on the tract map application is final. t REPORT TO THE CITY COUNCIL Rezone Application No. R-03-17 February 24, 2004 Page 4 Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 144 single family residences,and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Bullard Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate North Polk Avenue as a collector street, North Grantland Diagonal as a superarterial street and West Herndon Avenue as an expressway. The city's public works development standards provide for superarterials to be developed with two to three lanes of travel in each direction separated by a median island. Superarterials also have limited access. Expressways are typically developed with six lanes of travel (three in each direction),a median island, single or dual left tum lanes at intersections,and access is limited to intersections with major streets,approximately one every half-mile. They are designed to accommodate average vehicle daily trips of 56,000. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The applicant will be required to dedicate and construct improvements, or provide security for the future improvements, for Grantland (diagonal alignment), North Polk and North Hayes Avenues. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system;and relinquishment of access rights to North Polk,West Herndon,West Sierra and Grantland (diagonal alignment) Avenues for all residential lots adjacent to these street frontages. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5141/UGM Conditions of Approval dated February 4, 2004. A traffic model run was completed by the TPG Consulting, Inc. utilizing the Institute of Traffic Engineers(ITE)Trip Generation Manual, Sixth Edition. This analysis predicts the number of peak hour vehicle trips that will be generated from the proposed project and the direction in which these trips will travel. Based on this traffic study, development of 144 single family residential dwelling units can be expected to generate an average of approximately 1,378 vehicle trips per day(VTD). Of these vehicle trips it is projected that 108 will occur during the morning (7 to 9 a.m.) peak hour travel period and 146 will occur during the evening (4 to 6 p.m.) peak hour travel period. A modest proportion of these projected trips are expected to access the Freeway 99 and Herndon Avenue interchange during morning peak period (4 trips) and the evening peak period (6 trips). Because some of the immediately surrounding area(primarily to the west and east)is not developed,the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that new development within the Bullard Community Plan contributes a substantial number of additional vehicle trips during the peak hour traffic periods (7:00 am to 9:00 am and 4:00 pm to 6:00 pm)which will impact the State Route (SR) 99 interchange at Herndon Avenue. Caltrans estimates that a development of this size could generate 52.36 vehicle trips to this interchange during peak travel times. It is noted that the model run prepared .in the traffic study concluded that there would be only 10 vehicle trips to the Herndon/Freeway 99 interchange during am and pm peak periods. It is recommended by Caltrans that this project contribute its proportional share for improvements to the affected interchange. REPORT TO THE CITY COUNCIL Rezone Application No. R-03-17 February 24, 2004 Page 5 Although the proposed project will marginally contribute to the peak capacity deficiencies of the freeway system, major freeway improvements are the responsibility of Caltrans and any fee related assessments imposed by Caltrans must comply with applicable legal parameters. The City has not recommended that this state facility traffic impact fee be imposed as a condition of project approval, as it is not evident that Caltrans has accurately documented a project description and cost, a reliable estimate of funding sources, a justifiable nexus or connection between the project and the need for the state facility improvements, and the reasonable proportionality of the project's share of the improvement costs that are necessary to justify the imposition of a traffic impact fee for the improvement of State facilities. This conclusion is based upon Caltrans's submission of varying descriptions of the necessary freeway improvements, the imprecise estimate of costs and probable funding sources,and the lack of adequate information to comply with Fee Mitigation Act requirements(California Government Code§§66000 et sequentes)applicable to the City of Fresno. In the absence of this documentation it is not legally permissible for the City to impose the requested traffic impact fee. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan, development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act-AB 1600)which apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model, it will be applied to any final tract map or other applicable development entitlement for this project. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact)and the proportionality(fair share contribution towards mitigating the impact)required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. Streets and Access Points This subdivision is proposed to have one access point to North Polk Avenue and two access points to North Grantland Diagonal. There are also three points of connection (West Corona, West Wathen and West Menlo Avenues)to the existing subdivision to the east of the project site. The Public Works Department, Transportation Planning Section has reviewed the rezone and tentative tract map applications. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of Grantland (diagonal alignment) and Polk Avenues to their ultimate planned width. REPORT TO THE CITY COUNCIL Rezone Application No. R-03-17 February 24, 2004 Page 6 Noise Impacts Given that the proposed subdivision abuts a planned expressway and a superarterial, an acoustical analysis was performed for the site. The acoustical analysis, prepared by Brown-Buntin and Associates and dated May 7, 2003, used the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model in addition to field measurements at the project site. The outdoor noise level, without a sound attenuation wall, is 70.7 dB DNL at the approximate center of the nearest backyards along Grantland Diagonal. The City of Fresno's adopted standard for an acceptable level of outdoor noise is 60 dB. The study concludes that the construction of a twelve- foot solid wall, or approved combination of wall and berm, along the northwesterly boundary of the tract (specifically along the Grantland Diagonal Avenue alignment), is required to fully reduce the noise to acceptable levels. The solid wall barrier would reduce the exterior noise level to 59.6 dB at the first floor height. Indoor noise standards will be met with the construction of the sound walls and through building code requirements. KAMaster Files-2003\'REZONE\R-03-017-T-5141-Hemdon Grantland Tract-SAC\R-03-17-T-5141-RCC.wpd Attachments: Vicinity Map Vesting Tentative Tract Map No. 5141/UGM dated November 25, 2003 Letters from Caltrans dated December 5, 2003 and January 21, 2004 Environmental Assessment No. R-03-17/T-5141 (finding of a Mitigated Negative Declaration), issued on January 14, 2004 Planning Commission Resolution Nos. 11956 and 11957 Ordinance Bill as dOD Q oo DANaAA�Q� � Qom'Qo 0�d©�d�I�dD �; �OGGGG�C�GGCG�GOG ��t ,�• • PdQ������ ©J�W.1��Irlr� DD ���iJ�.+.�i■Vl�i��ilr� �©��r c��,�aoaaaao ao �r:����oaaa���a n � "dila:/►11r�►`�S\'I r �oa .� avPa�mc�^7R►�!w0v0 im Xx 1W ,� oo �pov ooeaaaAaaaao a o a 4��i►'� �0 0� t9�s �O�PA4A�AAC©� ¢. . <�q1WO Z 0 0 ©a®o a Q 010 v+��'O'��Q�� �0 • .0©OD ODO4AGl9����aes_o 'Sd�� �� im� � �OQvo©cooa�0000 � � a a.� ao 14 rip 000o aaooc9:� ; � ft-lacca aaaaoov�� oaQaQo annMME11 o a aclaims /dada 11120if/IY1 ao© BMW- *�r�C�D WH llido �ovo�����aaap Q4r=*".T'�:C OP4�,?909PQ90�o0a =�Ga:c►i::�:�a�����:�::::o::o�o o GCCCCCC�paaAaDQ'aCGCGCT.CrC�CO pq,!ageq $ imp o rrr r r■r ■■ ..r .. •t ��p v .55N::C0r: :�C::7CC:C 'R� v'�ii�Cd�' '�� �P a ■■ ' a rf,'O i`� 4���4© ipo� g dp_ r:,_T DQ eQ eo Y O o CM En A D PLANNING DEVELOPMENT DEPARTMENT REZONE APPLICATION NO. R-03-017 N From AE-5/UGM to R-1/UGM A.P.N.: 504-010-25,28.29 7504-090-78 TENTATIVE TRACT MAP NO. T-5141E To Subdivide the 35 acre site into 144 lots 11� ZONE MAP: 1744 . • . 4r IN 1 1 I■ 1 i • I FF e 1 .1j, 1 1 ■ 0� a mom Xud W= i i ■ • � �iit I { \ /� • � --_� i' X11 1 I I ♦ a IL • r •1 1 1 ���..��`• 1 ` I it ` `1 V FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 11957 The Fresno City Planning Commission at its regular meeting on February 4, 2004, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 5141/UGM was filed with the City of Fresno and proposes a 144-lot single family residential subdivision on 35 acres of land located on the southeasterly side of North Grantland Diagonal (alignment), between North Polk and West Sierra Avenues; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on February 4, 2004, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS,the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated February 4, 2004; and, WHEREAS, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5141/UGM may have a significant effect on the environment as identified by the Mitigated Negative Declaration issued on January 14, 2004, prepared for Environmental Assessment No. R-03-17/T-5141. NOW,THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5141/UGM subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5141/UGM subject to the Planning and Development Department Conditions of Approval dated February 4, 2004. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Brand, seconded by Commissioner White. VOTING: Ayes - Brand, White, Kissler, Vang, DiBuduo Noes - None Not Voting - Harrington Absent - Brown DATED: February 4, 2004 IC P. YOVINO, Secretary Fres City Planning Commission Resol tion No. 11957 Vesting Tentative Tract Map No. 5141/UGM Filed by Lennar Homes Action: Approve KAMaster Files-2003VREZONEIR-03-017-T-5141-Hemdon Grantland Tract-SAMT-5141-PC Reso 11957.wpd