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HomeMy WebLinkAboutT-5215 - Report - 3/10/2005" at,of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. March 30, 2004 COUNCIL MEETING APPROVED BY FROM: NICK P. YOVINO, Director Planning and Development Department DEPARTMENT DIRECTOR BY: DARRELL R. UNRUH, Planning Manager, �VMAGER Planning and Development Department SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-03-06, REZONE APPLICATION NO. R-03-38 AND MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. A-03-06/R-03-38 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the finding of a Mitigated Negative Declaration for Environmental Assessment No. A-03-06/R-03-38, dated February 18, 2004. 2. APPROVE Plan Amendment Application No. A-03-06 to amend the planned land use of the 2025 Fresno General Plan and the Roosevelt Community Plan from general heavy commercial planned land use to medium density residential planned land use. 3. APPROVE Rezone Application No. R-03-38 to rezone the subject property from the M-1 (Light Manufacturing) and R-2 (Low Density Multiple Family Residential) zone district classifications to the R-1 (Single Family Residential) zone district. EXECUTIVE SUMMARY Plan Amendment Application No. A-03-06 and Rezone Application No. R-03-38, filed by the Werfel Family Limited Partnership, pertain to 5.15 acres of real property located on the northeast comer of South Orange and East California Avenues. The Plan Amendment proposes to amend the 2025 Fresno General Plan and Roosevelt Community Plan from the general heavy commercial land use designation to a medium density residential land use designation. The Rezone application is requesting to rezone the property from the M-1 (Light Manufacturing)zone district and R-2 (Low Density Multiple Family Residential)zone district to the R-1 (Single Family Residential) zone district. The proposed R-1 Zone District would be consistent with the proposed medium density residential planned land use, as well as applicable policies of the 2025 Fresno General Plan and the Roosevelt Community Pian. The applications are supported by staff, and on March 17, 2004, the Fresno City Planning Commission voted 6 to 0 to recommend approval. PROJECT INFORMATION PROJECT Plan Amendment Application No. A-03-06 and Rezone Application No. R-03-38 to permit the future development of a residential subdivision. APPLICANT Werfel Family Limited Partnership LOCATION Northeast comer of South Orange and East California Avenues (Council District 5, Councilmember Dages ) SITE SIZE 5.15 acres LAND USE Existing - Vacant Proposed - Future Single Family Residential Subdivision REPORT TO THE CITY COUNCIL l� Plan Amendment Application No. A-03-06 Rezone Application No. R-03-38 March 30, 2004 Page 2 ZONING Existing - M-1 (Light Manufacturing District) and R-2 (Low Density Multiple Family Residential) Proposed - R-1 (Single Family Residential) PLAN DESIGNATION Applications request an amendment to the 2025 Fresno General Plan AND CONSISTENCY and the Roosevelt Community Plan from general heavy commercial planned land use to medium density residential planned land use with a related rezone request from M-1 and R-2 to R-1. The proposed R-1 zoning is consistent with the medium density residential land use designation request. ENVIRONMENTAL FINDING Finding of Mitigated Negative Declaration issued on February 18," 2004. PLAN COMMITTEE The Roosevelt Community Plan Implementation/Advisory Committee RECOMMENDATION recommended unanimously for the approval of the proposed project on July 14, 2003. The Committee noted its concern regarding potential for soil contamination from neighboring sites. STAFF RECOMMENDATION Recommend Approval of the plan amendment and rezone applications and the mitigated negative declaration to the City Council. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North General Heavy Commercial, R-1 Single Family Residential, Medium Density Residential Single Family Residential Multiple family apartment R-2 complex Low Density Multiple Family Residential South Public Facility M-1 P G & E Maintenance and Light Manufacturing Service Facility East Medium Density Residential R-2 Concrete Company Site, Low Density Multiple Family Single family residence Residential West General Heavy Commercial C-M Single Family Residential Commercial and Light Manufacturin ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Roosevelt Community Plan area including the Master Environmental Impact Report (MEIR T 4' REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-06 Rezone Application No. R-03-38 March 30, 2004 Page 3 No. 10130)for the recently adopted 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The proposed project, which includes an amendment of the adopted 2025 Fresno General Plan, has been determined to not be fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Therefore, it has been determined that based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). ' A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-03-06, R-03-38 was published on February 18, 2004, and the 20-day review period has expired with no appeals received by the Planning and Development Department. BACKGROUND I ANALYSIS The applicant proposes to develop the subject 5.15-acre site as a single family residential infill project, with 3 cul-de-sac streets extending south from East Dwight Way. A conceptual subdivision map has been prepared for the site and the adjacent 1.7-acre property to the east owned by the City of Fresno Redevelopment Agency that features 4 cul-de-sac streets designed to permit 8-9 lots in each cul-de-sac with lot sizes of at least 6,000 square feet. A total of 35 lots are depicted. The initial study focused on the subject 5.15-acre property. However the 1.7-acre additional property will be addressed with the tentative tract map process if it is included with the design and developed with the subject site as described above. Due to the sites location adjacent to the PG&E service center, BSK, an environmental consulting firm, prepared a Phase 1 site assessment(the findings are attached)for the proposed residential development of the site and determined through the collection and analysis of soil samples that PCB's (Poly Chlorinated Biphenyl's) or other contaminants are not present on the site. Land Use Plans and Policies The proposed plan amendment provides for the change of planned land use from the general heavy commercial designation to the medium density residential (4.99-10.37 units per acre) land use designation for approximately 5.15 acres. Rather than pursuing a commercial project, it is the desire of the property owner to pursue a single family residential development. Rezone Application No. R-03-38 is requesting R-1 (Single Family Residential) zoning for the development of a residential project that includes approximately 27 lots on 3 cul-de-sac streets. The subject site is within the Redevelopment Agency's Southeast Fresno Revitalization Project Area. It is also important to note that the project site is located within the"Fairgrounds Area" which is one of the six areas specifically designated by the Roosevelt Community Plan as a "neighborhood restoration area" and is subject to the standards set for development of this area. REPORT TO THE CITY COUNCIL •J Plan Amendment Application No. A-03-06 Rezone Application No. R-03-38 March 30, 2004 Page 4 The 2025 Fresno General Plan contains a number of goals and policies that the proposed project will meet the intent of. These goals and policies include: • Preserve and revitalize neighborhoods, the downtown, and historical resources. (Goal 3) • Provide opportunity for a variety of affordable housing throughout the Metropolitan Area. (Goal 8) • Apply development standards and design strategies to accommodate expanded and appropriately intensified residential development within the eastern quadrant of the community that ensure existing neighborhoods are respected and enhanced. (Policy C-2-e) • Encourage the development of two-story homes as a means to conserve land, maintain open space on residential lots, and provide adequate living space. (Policy C-10-d) The close proximity of the subject site to other residential uses offers a compatible completion of development of East Dwight Way. The proposed single family residential project would provide an aesthetic transition of land uses between the industrial use to the south, commercial and light manufacturing to the west, and the residential development to the north and east. Additional single-family residences and multiple family apartment complexes continue eastwardly along East Dwight Way towards South Cedar Avenue. Fresno Unified School District's Sequoia Junior High School, is located northeast of the subject site on East Woodward Avenue. The proposed use is compatible with the applicable community and general plan goals, policies, and implementation measures intended to provide for the efficient use of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities;and the implementation of a functional land use pattem consistent with the population and economic growth projections of the 2025 Fresno General Plan. Based upon these previous actions and the applicability of adopted development standards, plan policies/implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that consideration of the proposed land use relationship with the surrounding vicinity, will further promote the achievement of the planned urban form and land use objectives of the 2025 Fresno General Plan and amended Roosevelt Community Plan. Water Resources and Public Water Supply The City of Fresno Department of Public Utilities has confirmed that an adequate source of water is available to serve the proposed residential development and estimates a peak water demand of 79 gallons per minute. In compliance with the Roosevelt Community Plan Verification and Monitoring Procedure for Water Service, it has been determined that an adequate source of potable water is available to meet the City, State, and Federal standards during periods of peak flow in the City water system serving the Roosevelt Community Plan area for this project, including existing demand and all other approved development. The Fresno Metropolitan Flood Control District has indicated that this project can be accommodated by the existing drainage system and will not discharge storm water into the San Joaquin River. 5r REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-06 Rezone Application No. R-03-38 March 30, 2004 Page 5 Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD), sufficient to accommodate continued planned urban development including the proposed project. The average daily sewer flow contribution resulting from this project has been estimated at 12,806 gallons per day. The City of Fresno Sanitary Sewer System is available to serve the project. The nearest public sanitary sewer main is located in East Dwight Way and South Orange Avenue. This project will result in minor adverse impact to the sanitary sewer system due to existing system capacity restrictions and is subject to the payment of all applicable Sewer Connection Charges prior to issuance of a building permit. Circulation Element Plan Policies and Major Street System Traffic Capacity Based upon the American Institute of Transportation Engineers (ITE) Manual, it is projected that the development of the proposed residential project would generate approximately 261 vehicle trips per day (VTD). This is a minor decrease of vehicle trips associated with the site as compared to the 294 VTD projected to be generated by development of the existing R-2 and M-1 zone districts. The primary street access to the project site is provided by East Dwight Avenue,a local street immediately north of this property. Vehicular access to the site will be via South Orange Avenue, a collector street currently built with two travel lanes but planned for four travel lanes with a design capacity of 24,000 VTD,which can readily accommodate the projected traffic volumes of the proposed project. California Avenue is currently a two lane street accommodating 10,000 VTD, but is proposed to increase to three lanes and accommodate 16,000 VTD. The urban development of the project site and surrounding properties will be required to contribute to the completion of the planned major street network in accordance with applicable development policies and standards. These standards will provide sufficient street width to accommodate four travel lanes on Orange Avenue and complete the two lanes on East Dwight Avenue. Street improvements will also be required on East California Avenue, the street boundary to the south of the site. The California Department of Transportation(Caltrans)has not provided any comments for this development. Fresno City Planning Commission On March 17, 2004, the Fresno City Planning Commission reviewed the proposed project and took action to unanimously approve the project by a vote of 6-0, with one member absent. It is noted that there was one person who offered testimony in opposition to the project, and concern over the environmental process City staff followed for this project. No letters of appeal were received. REPORT TO THE CITY COUNCIL Plan Amendment Application No. A-03-06 Rezone Application No. R-03-38 March 30, 2004 Page 6 CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and Roosevelt Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and mitigated negative declaration. Upon consideration of this evaluation, it can be concluded that proposed Plan Amendment Application No. A-03-06 and Rezone Application No. R-03-38 are appropriate for the project site. AJ:K:\Common\KUster Files-2003\-PLAN AMENDMENTSW-03-06,R-03-038 Werfel- AJW-03-06,R-03-38 Rpt to Council 3-30-04.wpd Attachments: Vicinity Map (Exhibit"A") Roosevelt Community Plan Map Conceptual Site Plan Environmental Assessment No. A-03-06, R-03-38 dated February 18, 2004 BSK letter dated December 9, 2003 BSK letter dated January 20, 2004 Planning Commission Resolution Nos. 11977 and 11978 Council Resolution Ordinance Bill �_�MAL . _ all -WAMW VVwNq 1!WPM �.. : _ aammm 11-5_111 a .�.� GOV" wIf,.. l mRN I mm� mamor�mmm • a a W. v !•�_F� �� �'� •.rte � . .s 1\.7�1 , , -�.r.�� .� cam � � af71•� 1.W'� RJr,1 i..,ca 0ni'.• .r©� ..rte• •t.�.r ••• •-• .���� 7171,• 0.� �>, �as.0.ar •�a �r�. .1mG�s: .�rs - r1�'��R.! ri�'� •tri.., r.'! r� � � 1 I �� �L7 ta• S>• �T� �� III-clem z IT. .71',71 s� :;171100 /- l= main r. ug: I.ne ■ �... ter. 1.c 1.�.,. ..">, • urn= i•.. ►Quo ' �.�,■.. ... u Ora• / .��►��w I� ' �' VICI[NlrlrV MAP PLANNING DEVELOPMENT DEPARTMENT PLAN AMENDMENT • 0. From General Heavy Commercial to Med. Density Resid. " 0. REZONING • • �' ZONE MAP: 22552 � wm Fyn �T 1" alp 3M Roosevelt Community p1grAli it 77-1 SO PREUL41NARY PLAN MAP �aoe 1ca E. My of Frewo _ ~ `gin � ce :ate_ � � ®I®® s�+swr•.• rra� . �� aeturrrYlliYtl�+IeC� a� 01 gz �`���'��'"t��"y'��=►��'�s�� ��' c ;RIP ewe" •i'm� 4/S'/ 1�Gp:3 "i= sr .��c��a • .. . .^�, ���� -_B�®. �1 � iatyml�la•� -�_'J6� e�aWR1 ivi -' r� ��7 _ -_ - _i �� `,Cr'�. qw `.!•:• � � a ���'',lie•fVO•( ggp ... AFI INS, �� •\�•: �^��=' �m• - :tel �IG _irs�i� �Y•••;� ••`«::•:•:V'• t:i• :i:�•y�:�,: •;.Y.�•i•;';•;i��`�:i 'N4•fj.•.� .;AW � 4 $ a N W iso a a �� ~g a i G >. WWZ 2 O ✓ W ¢ a Wa. ~ O J b Z < < g A g } . �� m M o o `fib `fib o ung < .< pp55 Eii F 5 in = I �� d Q W W �' �U S y S €E _ O�} F uj F Fn Fr a� a8 z$ z z z� ar� �F <2e rc� 5 ; 4 8! 8 WR6 oz w W1 w`> wi as as a wo u). ( q �6 N: rTi on ! E. U)i o :y �< VU Z l z a �W �Ir III 133as RLM KLrKx } �0 �N = II ISE SW e I A;Z z66 C,j IN ii W 'Q8 � IS RU I Li lit I p z � 4 I an 3AV 0NVW H S 5 n�.rcww.. :irara.. W city 0i Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 488-1020 - April , 2004 Please reply to: Aprile James (559) 621-8277 Mr. Sherman Spradling Werfel Family Limited Partnership 5740 N. West Ave. #104 Fresno, CA 93711 Dear Mr. Spradling: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO CITY COUNCIL REGARDING PLAN AMENDMENT APPLICATION NO. A-03-06 AND REZONE APPLICATION NO. R-03-38 FOR PROPERTY LOCATED AT THE NORTH EAST CORNER OF SOUTH ORANGE AND EAST CALIFORNIA AVENUES (APNs-471-272-09) The Fresno City Council conducted a duly noticed public hearing on March 30,2004,to consider Plan Amendment Application No. A-03-06 and Rezone Application No. R-03-38. These applications relate to the proposed development of an approximately 5.15 acres single family residential development on a site located at the northeast corner of South Orange and East California Avenues. Following a full and complete hearing,the Council adopted Resolution No. 2004- and Ordinance No. 2004- , relating to the above applications as follows: 1. ADOPTED Resolution No. 2004- (enclosed) amending the 2025 Fresno General Plan and the Roosevelt Community Plan for the property noted above from the general heavy commercial planned land use designation to the medium density residential plan land use designation. 2. ADOPTED Ordinance Bill No. 2004- (enclosed)that rezones the 5.15 acres subject site from the M-1 and R-2 zone district to the R-1 zone district. The Fresno City Planning Commission previously conducted a duly noticed public hearing on March 17, 2004 to consider Plan Amendment Application No.A-03-06 and Rezone Application No. R-03-38 recommending that the Council approve the applications. Copies of the Planning Commission resolutions (Nos. 11977 and 11978) are enclosed. Please be advised that pursuant to Section 4 of the enclosed Ordinance Bill, the rezone ordinance shall become effective and in full force at 12:01 a.m., thirty-one days after its passage. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION Aprile James Planner Enclosures: Resolution No. 2004- Ordinance Bill No. 2004- Planning Commission Resolution Nos. 11977 and 11978 K:\Master Files-2003\-PLAN AMENDMENTSW-03-06,R-03-038 Werfel-AJW-03-06,R-03-38-Final Action Lettermlod RESOLUTION NO. 2004-120 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE ROOSEVELT COMMUNITY PLAN AND THE 2025 FRESNO GENERAL PLAN (PLAN AMENDMENT APPLICATION NO. A-03-06) WHEREAS,on November 19, 2002, by Resolution No. 2002-379, the City Council adopted the 2025 Fresno General Plan which correspondingly adopted the 2002 Roosevelt Community Plan and by Resolution No. 2002-378 certified Master Environmental Impact Report No. 10130 which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence; and, WHEREAS, Sherman Spradling on behalf of the Werfel Family Limited Partnership, filed Plan Amendment Application No. A-03-06 to amend the land use elements of the aforementioned plans to change the planned land use designation of an approximately 5.15 acre site, located on the northeast corner of South Orange and East California Avenues from the General Heavy Commercial land use designation to the medium density residential land use designation; and, WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the filing of a mitigated negative declaration; and, WHEREAS, on March 17, 2004, the Fresno City Planning Commission held a public hearing to consider Plan Amendment Application No.A-03-06 and the mitigated negative declaration prepared for Environmental Assessment No. A-03-06/R-03-38, dated February 18, 2004; and, WHEREAS, the Fresno City Planning Commission took action, as evidenced in Planning Commission Resolution No. 11977 to recommend approval of the mitigated negative declaration for Environment Assessment No. A-03-06/R-03-38; and, WHEREAS, the Fresno City Planning Commission also took action, as evidenced in Planning Commission Resolution No. 11977, to recommend approval of Plan Amendment Application No. A-03- 06 to amend the planned use for the subject site as described above and as displayed on the Exhibit "A" (Vicinity Map) attached hereto and included herein by reference; and, WHEREAS, on March 17, 2004, the Fresno City Council held a public hearing to consider Plan Amendment Application No. A-03-06 and received both oral testimony and written information regarding Resolution No. 2004-120 Plan Amendment No. A-03-06 March 30, 2004 Page 2 the proposed plan amendment application. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno, based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided as follows: 1. That Council finds that there is no substantial evidence in the record that Plan Amendment Application No. A-03-06 may have a significant effect on the environment and hereby adopts the mitigated negative declaration dated February 18, 2004. 2. The Council of the City of Fresno hereby adopts Plan Amendment Application No. A-03-06 amending the land use designation of the Roosevelt Community Plan and the 2025 Fresno General Plan from the general heavy commercial land use designation to the medium density residential land use designation as depicted on the Exhibit "A" (Vicinity Map), attached hereto and incorporated herein by reference. P CLERK'S CERTIFICATION - STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 30th day Of March , 2004, by the following vote: Ayes: Boyajian, Calhoun, Dages, Duncan, Sterling, Castillo Noes: None Absent: Perea Abstain: None REBECCA E. KLISCH City Clerk By�_ J APPROVED AS TO FORM: HILDA ONTOY City orney By Deputy Plan Amendment Application No. A-03-06 Filed by Sherman Spradling on behalf of the Werfel Family Limited Partnership Assessor's Parcel Nos. 471-272-09 JAA-03-006,R-03-038 WeAel-Spradling-AJW-03-06-R-03-38-CCReso.wpd LAW ms � _ ® 'me q FAR ' Now, wlong Bill ,rJWW,73W!'J INK91 ��OQ; Is.rVf., �iVsl'. «Fi.Y 411E �•a� �>rr•is �_ _rte .�� �� 1�� o FMA-IM llw� . ,. • a0 A= � a 009'am SEES see-Imlate ME tJ• �'— •-rte � 1..,,�1 -�--�--- --�+ MEN=a _>• .•Iciuwwl� sT>• mrm MAW No" . URAW tl_� •..._ 4 1..__ I�.I.t,l 'if/l•��� � Tia+. �r.=7 '>z�C1 '�1a% ��a • ' ♦ PLANNING1 DEPARTMENT 1 PLAN AMENDMENT • A-03-006 From General Heavy Commercial to Med.Density Resid. A.P.N.: I. REZONING APPLICATION NO. R-03-038 E From M-1 and R-2 to R-1 W+ ZONE MAP: 22552 6-30-03 • • California Orange • TO Recording Requested by City Clerk,Fresno, California No Fee-Government Code 6103 Return to City Clerk,Fresno SPACE ABOVE RESERVED FOR FRESNO COUNTY RECORDER'S OFFICE ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Dages SECONDED BY Duncan BILL NO. R-ig ORDINANCE NO. 2004-39 AN ORDINANCE AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-03-38 has been filed with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS,pursuant to the provisions of Article 4,Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 17th day of March, 2004, to consider Rezone Application No. R-03-38 and related Environmental Assessment No.A-03-06/R-03-38, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the M-1 (Light Manufacturing) and R-2 (Low Density Multiple Family Residential) zone district to the R-1 (Single Family Residential) zone district; and, WHEREAS, the Council of the City of Fresno, on the 17th day of March, 2004, received the recommendation of the Planning Commission and concurs therewith. 3 o a Ordinance Amending the Official Zone Map Rezone Application No. R-03-38 March 17, 2004 Page 2 NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezone is in the best interests of the City of Fresno. The Council finds in accordance with its own independent judgement that with the recommended mitigation measures for Environmental Assessment No. A-03-06/R-03-38 dated February 18, 2004, there is no substantial evidence in the record that the rezone may have a significant effect on the environment and the mitigated negative declaration prepared for this project is hereby approved. SECTION 2. The Council finds the requested R-1 zone district is consistent with the proposed medium density residential land use designation of the 2025 Fresno General Plan and the Roosevelt Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno is reclassified from the M-1(Light Manufacturing)and R-2(Low Density Multiple Family Residential)zone districts to the R-1(Single Family Residential) zone district. City of Fresno: Lots 11, 12 and 13 of Dwight Park, according to the map thereof recorded in Book 8 Page 14 of Record of Surveys, Fresno County Records. EXCEPTING THEREFROM the west 10 feet as granted to the County of Fresno by deed recorded October 31, 1972, as Document No. 97225, in Book 6086 Page 580 of Official Records. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 30th day of March , 2004, by the following vote: Ayes: Boyajian, Calhoun, Dages, Duncan, Sterling, Castillo Noes: None Absent: Perea Abstain: None REBECCA E. KLISCH City CI By AeQ 2A,;:�a--- APPROVED AS TO FORM: HILDA T M Y City A me By eputy Rezone Application No. R-03-38 Filed by Sherman Spradling on behalf of the Werfel Family Limited Partnership Assessor's Parcels Nos. 471-272-09 AJ:J:W-03-006,R-03-038 Werfel-Spradling-AAA-03-06,R-03-38 Ordinancempd FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12092 . The Fresno City Planning Commission at its regular meeting on October 6, 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, Tentative Tract Map No. 5215 was filed with the City of Fresno and proposes to subdivide the subject property into a 35-lot single family residential subdivision on 6.77 acres of land located along the east side of South Orange Avenue, between East California Avenue and East Dwight Way; and, WHEREAS, the Roosevelt Community Plan Implementation Advisory Committee, on June 14, 2004, reviewed and recommended approval of the tentative tract map subject to a noise study; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all the conditions of approval contained in the staff report dated October 6, 2004; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on October 6, 2004, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Tentative Tract Map No. 5215 will have a significant effect on the environment and hereby approves the finding of a mitigated negative declaration for Environmental Assessment No. T-5215, dated September 10, 2004. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted Roosevelt Community Plan and the 2025 Fresno General 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 Tentative Tract Map No. 5215 subject to the Planning and Development Department Conditions of Approval dated October 6, 2004. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Vang. VOTING: Ayes - Kissler, Vang, DiBuduo, Brown, Brand Noes - None Not Voting - None Absent - None DATED: October 6, 2004 N YOVINO, Secretary Fres o ity Planning Commission Reso t n No. 12092 Vesting Tentative Tract Map No. 5215 Filed by Sherman Spradling Action: Approve JAT-5215-PC Reso 12092.wpd