DATE: August 6, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Consider and adopt the Mitigated Negative Declaration based on Initial Study No. 7918 for General Plan Amendment No. 561, Amendment Application No. 3847, and Classified Conditional Use Permit No. 3688 (Applicant: Ben Ewell on behalf of Clarksfield Company, Inc., White Fox Creek, LLC)
RECOMMENDED ACTION(S):
TITLE
1. Consider and adopt the Mitigated Negative Declaration including the Mitigation Monitoring and Reporting Program based on Initial Study No. 7918 that was prepared for General Plan Amendment Application No. 561, Amendment Application No. 3847, and Classified Conditional Use Permit No. 3688; and
2. Adopt a Resolution approving General Plan Amendment No. 561 amending the White Fox Creek Sub-Unit Plan of the Millerton Specific Plan to allow a 200-unit multiple-family residential complex as an alternative to the planned Hotel/Conference Center and three-Par Course use, and related text in the Specific Plan [E.5(3) Recreation Corridors]; and
3. Approve Ordinance pertaining to Amendment Application No. 3847; thereby adjusting a portion of the existing O(c) (Open Conservation, Conditional) to C-6(c) (General Commercial, Conditional) Zone District conditionally limited to the uses permitted in the C-6 Zone Districts and multiple-family dwellings (Section 812.2-H) limited to a maximum of 200-unit multiple-family residential complex; and
4. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance and direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)1
5. Adopt Resolution approving Classified Conditional Use Permit No. 3688, with conditions of Approval and Project Notes.
The project site is comprised of a 23-acre site located on the east side of Marina Drive, beginning approximately 150-feet south of Millerton Road. The site is approximately three miles east of the unincorporated community of Friant (APN: 300-350-27s) (Sup. Dist. 5).
REPORT
This item comes before your Board with a unanimous recommendation for approval from the Planning Commission. A General Plan Amendment and rezoning require final action from your Board per the Fresno County Zoning Ordinance and State planning law. A summary of the Planning Commission’s action and recommended Conditions of Approval are included in Attachment A. The May 16, 2024, Planning Commission Staff Report and site plan are included as Attachment B. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
If your Board determines that the proposed General Plan Amendment (GPA) No. 561, Amendment Application (AA) No. 3847, and Classified Conditional Use Permit (CUP) Application No. 3688 are not consistent with the White Fox Creek Sub-Unit Plan of the Millerton Specific Plan or the County’s General Plan Vision Statement, Goals and Policies, a motion to deny the applications would be appropriate.
FISCAL IMPACT:
There is no net County cost associated with the recommended actions. Pursuant to the County’s Master Schedule of Fees, the Applicant paid $10,878 in land use processing fees for the Amendment Application request.
DISCUSSION:
A GPA and AA are legislative actions requiring final approval by your Board. Final action by your Board is also required for the adoption of the Mitigated Negative Declaration prepared based on the Initial Study and Classified Conditional Use Permit No. 3688 filed concurrently with the GPA to allow development of a 200-unit multiple-family residential complex. If approved, the GPA and AA would become effective 30 days after adoption.
Background:
The project site is comprised of a 23-acre site located on the east side of Marina Drive, beginning approximately 150-feet south of Millerton Road. The site is approximately three miles east of the unincorporated community of Friant.
The purpose of this proposal is to allow a 200-unit multiple-family residential complex to replace a planned Hotel/Conference Center and three-Par Course within the Millerton Specific Plan area. Since adoption of the Specific Plan in 1984, a portion of the area at the south-easterly intersection of Marina Drive and Millerton Road has been designated for a Government Center to include commercial uses. More recently in 2004 Conditional Use Permit No. 3035 was approved to allow the inclusion of a Hotel/ Conference Center and three-par golf course within this area. The proposal is based upon market demands for housing within the area.
The change in the use of the subject land from a Hotel/Conference Center and three-Par Course to a 200-unit multiple-family residential complex requires amendment to the Land Use Element of the Millerton Specific Plan by re-designating portions of 23-acres of land designated as "Commercial" to allow for the residential complex within the White Fox Creek Commercial Sub-Unit Plan. It also requires a classified conditional use permit.
To allow the proposed use to be consistent with the land use designation, a portion of the 23-acre parcel (APN 300-350-27s) will change from “Open Space” to “Commercial”.
Required Findings:
Pursuant to Fresno County Zoning Ordinance Section 873(F), in order to approve CUP No. 3688, the following five Findings must be made:
1. That the site of the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this Division, to adjust said use with land and uses in the neighborhood.
2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
3. That the proposed use will have no adverse effect on abutting property and surrounding neighborhood or the permitted use thereof.
4. That the proposed development is consistent with the General Plan.
5. That the conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare.
A multiple-family residential complex is an allowable use as a classified conditional use permit per Section 812.2.020 of the Zoning Ordinance. A site plan and elevations were submitted for Conditional Use Permit No. 3688 to allow for the proposed 200-unit multiple-family residential complex.
The Planning Commission considered the application and determined that all five required findings necessary to grant the Conditional Use Permit could be made and recommend the Board to approve the application. A Conditional Use Permit (CUP) ordinarily only comes to your Board if appealed from the Planning Commission. However, when a CUP is paired with an Amendment Application (AA), your Board requires that both the CUP and the AA be approved jointly by this body.
Planning Commission Proceedings:
On May 16, 2024, the Planning Commission considered the proposed applications. After receiving Staff’s presentation and considering public testimony from the Applicant in support of the proposal, the Commission voted unanimously (6 to 0, with two Commissioners absent, and one Commissioner vacancy) in favor of forwarding to your Board a recommendation to adopt the Mitigated Negative Declaration prepared for the project and approve the proposed rezoning subject to the Mitigation Measures, Conditions of Approval, and Project Notes (Attachment A, Exhibit B). Staff notes that 90 property owners within 600 feet of the subject property were provided notice of both the Planning Commission hearing and the hearing before your Board. No letters of objection or testimony in opposition were received for the previous Planning Commission Hearing.
Specific Plan Designations/ Land Use Map and Proposed Land Use:
The Fresno County Zoning Ordinance, through the Classified Conditional Use Permit process, permits a variety of land uses with the approval of a discretionary entitlement in any zone district unless the use is expressly prohibited. Specifically, Section 812.2.020 allows for multi-family dwellings. Further, the Specific Plan lists Service Commercial as being conditionally compatible with properties zoned O (Open Conservation), of which a portion of the subject property is zoned. It should be noted that per Government Code § 65453, a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body.
CEQA:
Initial Study No. 7918 was prepared for the project by County staff in conformance with the provisions of the California Environmental Quality Act (CEQA). A Notice of Intent to adopt the Mitigated Negative Declaration was published on December 20, 2023. Based on the Initial Study, the Planning Commission has recommended that adoption of a Mitigated Negative Declaration is appropriate. A summary of the Initial Study and the proposed Mitigated Negative Declaration are included as Exhibits 8 and 9 of Attachment B.
Conclusion:
If your Board is able to find that the proposed project is consistent with the Fresno County General Plan and County-adopted White Fox Creek Sub-Unit Plan of the Millerton Specific Plan, a motion to adopt the resolutions approving GPA No. 561and CUP No. 3688, and Ordinance approving AA No. 3847 subject to the Mitigation Measures, Conditions of Approval, and Project Notes, and adopt the Mitigated Negative Declaration prepared for IS No. 7918 would be appropriate, stating in the approval motion the project being consistent with the Fresno County General Plan and White Fox Creek Sub-Unit Plan of the Millerton Specific Plan. The draft Mitigation Negative Declaration has been included as Attachment C.
If your Board determines that the proposed project is not consistent with the County’s General Plan and White Fox Creek Sub-Unit Plan of the Millerton Specific Plan, then denial of the GPA, rezoning and CUP would be appropriate, citing the reasons for denial and the proposal’s inconsistency with the General Plan and the White Fox Creek Sub-Unit Plan of the Millerton Specific Plan.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachments A - C
On file with Clerk - Resolution for GPA No. 561
Ordinance
On file with Clerk - Ordinance Summary
On file with Clerk - Resolution for CUP No. 3688
CAO ANALYST:
Salvador Espino