Planning Commission Staff Report Agenda Item No. 3 April 22, 2004
Transcription
Planning Commission Staff Report Agenda Item No. 3 April 22, 2004
Department of Public Works and Planning Andrew E. Richter, Interim Director Planning Commission Staff Report Agenda Item No. 3 April 22, 2004 SUBJECT: Initial Study Application No. 5026 Variance Application No. 3771 Allow creation of a 3.11-acre parcel and a 1.74-acre parcel from a 4.85-acre parcel in the AE-20 (Exclusive Agriculture, 20-acre minimum) Zone District and allow the 1.74acre parcel without road frontage. LOCATION: On the southwest corner of East Reno and Auberry Roads approximately two and onehalf miles northeast of the City of Fresno (12685 Auberry Road) (SUP. DIST. 5) (APN 580-010-25s). Applicant : Gerald McKune Owner: Anita McKune STAFF CONTACT: Jane Gray, Planning and Resource Analyst (559) 488-3933 William Kettler, Senior Staff Analyst (559) 262-4241 RECOMMENDATION: Deny Variance Application No. 3771 and direct the Secretary to prepare a resolution documenting the Commission’s action. EXHIBITS: 1. Location Map 2. Existing Land Use Map DEVELOPMENT SERVICES DIVISION 2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 262-4055 / 262-4029 / 262-4302 / 262-4022 FAX 262-4893 Equal Employment Opportunity • Affirmative Action • Disabled Employer 3. Surrounding Zoning Map 4. Site Plan 5. Applicant’s Variance Findings 6. Initial Study 7. Required Variance Findings PROJECT DESCRIPTION / OPERATIONAL STATEMENT: Listed below are the key features of the project based on information contained in the applicant’s site plan and submitted Variance findings (see Exhibits 4 and 5). Existing Improvements: • a single-family residence; • a septic system; • a well; • driveway; • propane tank; • shed; • barbed wire fence; and • a power pole Proposed (Future) Improvements (1.74-acre parcel): • a residence; and • a driveway ENVIRONMENTAL DETERMINATION: An Initial Study was prepared for the project by staff in conformance with the provisions of the California Environmental Quality Act (CEQA). Based on the Initial Study, staff has determined that a Negative Declaration is appropriate. PUBLIC NOTICE: Notices were sent to 38 property owners within one quarter-mile of the subject property exceeding the minimum notification requirements prescribed by the California Government Code and County Zoning Ordinance. Staff Report – Page 2 PROCEDURAL CONSIDERATIONS / BACKGROUND INFORMATION: A Variance application may be approved only if four findings specified in the Zoning Ordinance Section 877 are made by the Planning Commission. The decision of the Planning Commission on a Variance is final unless appealed to the Board of Supervisors within 15 days of the Commission’s action. KEY INFORMATION PERTINENT TO STAFF ANALYSIS • Project Location: On the southwest corner of N. Auberry and E. Reno Roads • Use of Subject Property: Single-family residence • Surrounding Land Uses: Field crops, grazing lands, vacant lots and single-family residences • Surrounding Parcel Sizes: 2.1-acres to 454.68-acres • Nearest Residence: Approximately 340 feet to the south • General Plan Designation: Agriculture • Zoning: AE-20 (Exclusive Agriculture, 20-acre minimum) Zone District • Development Standards: 165 feet of public road frontage (for parcels less than 5-acres); minimum setbacks to property lines (35’ front, 30’ side, 30’ rear) • Public Road Frontage: N. Auberry Road (existing) • Public Road Access: N. Auberry Road and E. Reno Road • Road Classification: N. Auberry Road (Arterial) / E. Reno Road (Private) ANALYSIS / DISCUSSION: Background The subject property is located in the AE-20 (Exclusive Agriculture, 20-acre minimum parcel size) Zone District and has an agricultural land use designation. The parcel is currently legal non-conforming in size for the AE-20 Zone District. The size of the parcel as well as many other non-conforming parcels in the area (which are less than 20acres), is resultant of the previous A-1 Zone District in which the minimum parcel size Staff Report – Page 3 was 2.3 acres. The area was rezoned in 1976 to the AE-20 Zone District as part of a broad scale rezoning following adoption of the updated General Plan. The applicant’s mother (who is the property owner) currently resides in a home on the subject parcel. The applicant proposes to split the parcel into a 3.11-acre parcel where his mother will continue to reside and construct a home for himself and his family to live in on the remaining 1.74-acre parcel. General Plan Policies The subject 4.85-acre parcel is designated Agriculture in the General Plan. A major focus of the General Plan is to protect areas designated Agriculture and restrict encroachment of incompatible land uses. The 2000 General Plan update strengthened the commitment to agriculture by adding a number of policies, as well as carrying forward the policy which requires a minimum parcel size of 20 acres in areas designated Agriculture. Policy LU-A.6 states that the County shall maintain twenty (20) acres as a minimum permitted parcel size in areas designated Agriculture, with certain exceptions. Exceptions noted in the General Plan apply to the creation of home-site parcels for purposes of financing construction of a residence, creation of a home-site parcel for a relative involved in the farming operation, and retention of a home-site for property owners who owned the property prior to the implementation of these policies (1976). Only one parcel for a relative involved in the farming operation is allowed per 20 acres. None of these exceptions apply to the subject application. Policy LU-A.7 states, that the County shall generally deny requests to create parcels less than the size specified by Policy LU-A.6 based on concerns that these parcels are less viable economic farming units, and that the resultant increase in residential density increases the potential for conflict with normal agricultural practices on adjacent parcels. Evidence that the affected parcel may be an uneconomic farming unit due to its current size, soil conditions or other factors are not the criteria to be considered a sufficient basis to grant an exception. The decision-making body shall consider the negative incremental and cumulative effects such land divisions have on the agricultural community. An additional consideration is General Plan Policy LU-H.8. The project site is located within the preliminary study area for the Friant-Millerton Regional Plan, the creation of which is directed by Plan Policy LU-H, which states: In the near-term to mid-term, planning and development in the area should focus on expanding and enhancing the area’s recreational activities and resources. In the long-term, the area may be suitable for urban development as the unincorporated county’s largest remaining areas without productive agricultural soils near the Fresno-Clovis Metropolitan Area and recreational and scenic resources. Staff Report – Page 4 Policy LU-H.8 further states that the regional plan should address suitability of the area for future long-term urbanization. Staff believes that the current proposal, if approved, may create conflicts with the proposed Friant-Millerton Regional Plan. Development within the Regional Plan Boundary may be premature at this time. General Plan Policy PF-C.17 states that prior to the consideration of any discretionary project related to land use, a water supply evaluation will be undertaken. This will determine if the water supply is adequate and sustainable as well as the impact that use of the proposed water supply will have on other users in the area and greater Fresno County. The subject parcel is located in an area known to be water deficient. The County Geologist reviewed the subject project and stated that the construction of one additional residence resultant of the approval of this application will not significantly impact water resources. The applicant proposes to waive public road frontage on the proposed parcel. General Plan Policies do not specifically address requirements for public road frontage, however, there are policies addressing access to and from Arterials. The property is located between Auberry and Reno roads. Auberry is classified as an Arterial. General Plan Policy states that direct access from an arterial to an abutting property, to maintain highway capacity and safety, shall be restricted through application of design requirements of new development. Therefore, access to the proposed 1.74-acre parcel would have to be from Reno Road, which is a private road. This is discussed in further detail in the Access and Traffic section of the report. Based on the above staff has determined that the proposal is not consistent with the General Plan. Ordinance Compliance The AE-20 Zoning District requires a minimum 20-acre parcel size. Approval of this Variance application will result in the creation of two parcels, both less than the required minimum parcel size for the Zone District. Parcels less than five acres require 165 feet of public road frontage. The subject Variance application incorporates the request to waive public road frontage for the 1.74acre parcel. Access to the proposed parcel would be via Reno, a private road. This is discussed in more detail in the Access and Traffic portion of the report. With the exception of minimum parcel size and road frontage, all other development standards are met through this application. Exceptional and Extraordinary Circumstances, Neighborhood Compatibility In order to make Finding 1, an exceptional and extraordinary physical circumstance must be present that does not apply generally to other identically zoned property in the Staff Report – Page 5 vicinity. For Finding 2 to be made, the applicant must demonstrate that the Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, and such right is possessed by other property owners under like conditions in the vicinity having the identical zoning classification. In support of Finding 1, exceptional and extraordinary circumstances, the applicant states that the property has been in his family for nearly 40 years and that it is his desire to keep the property in his family. He also states that, “The proposed property split will be along a ridge on the property that acts as a natural property line. This ridge sections off a portion of the property into a large field, without trees, that requires bi-annual maintenance (mowing of grass) in an area approximately two acres, to keep it from being a fire hazard. This parcel is also unique to those in the immediate vicinity in that it is almost completely free of trees and plants. By allowing this Variance, I will be able to plant trees on this land, which will have an extremely positive impact on the ecosystem.” The County recognizes the applicant’s desire to keep the parcel in his family. In some cases, a parcel division can result in a family member retaining a portion of a large family holding when the family is no longer able to afford or maintain the parcel. In this case, the existing parcel is less than five acres in size and the applicant has identified routine maintenance as one of the physical circumstances related to the nature of the parcel. Staff does not believe that maintenance of a five-acre parcel should warrant the granting of the Variance. Staff conducted a site visit and in terms of the unique nature of the parcel as identified by the applicant (the ridge), staff was not able to discern any such characteristic. The elevation of the property gradually increases upward toward the northwest, however, there is no physical demarcation along the proposed property line. Therefore, staff believes that this does not constitute an exceptional or extraordinary circumstance. It is not hampering the applicant from accessing the area or maintaining it and in no way interferes with the functionality of the land. Moreover, the applicant clearly states, “by allowing this Variance, I will be able to plant trees on this land”. Granting a Variance does not aid the applicant in planting trees. Nothing precludes the applicant from currently planting trees on the parcel. Again, upon site visit staff was unable to identify a ridge on the property significant enough to necessitate a Variance. Finding 2 requires the applicant to demonstrate that the Variance is necessary for the preservation and enjoyment of a substantial property right, which is possessed by other property owners under like conditions in the vicinity having identical zoning classification. In support of Finding 2, the applicant states that historically (the area used to be known as “Redwood Park”) people in the area have been able to pass on land to their children for the purpose of building a home and that he will also be able to do the same, given that the Variance is granted. Moreover, as his mother is advancing in years and she currently lives on the property, she will be able to live close to him and the property will be maintained. The applicant states that it is his mother’s wish to gift deed a parcel of land to him and cites other Variances in the area. Staff Report – Page 6 “Redwood Park” is an area recorded in 1909 and is no longer applicable to the current zoning standards. Many of the other parcels in the area which, are less than 20 acres in size, were created under the previous A-1 Zone District which allowed a minimum parcel size of 2.3 acres. The area was rezoned in 1976 to the AE-20 Zone District as part of broad scale rezoning following adoption of the updated General Plan. Therefore the applicant’s claim, while historically correct, does not reflect the current situation since smaller parcels in the area are largely a result of zoning prior to 1976. In response to the applicant’s citing of other Variances, staff’s research revealed that within one-quarter mile of the subject property, a total of four Variance applications were approved and one denied since 1995. Staff notes however, that each Variance application is considered based upon a unique set of circumstances associated with that particular parcel. Other Variances in the area cannot be viewed as precedent setting or grounds for subsequent Variance approval. In reviewing a Variance application, staff considers alternatives that would avoid the need for a Variance. In this case, a Director Review and Approval application could be used to construct a second residence on the existing 4.85-acre parcel given the proposed residence does not exceed 2,000-square feet. Based upon the information stated above, staff does not believe that Findings 1 and 2 can be made with regard to the proposed parcel size. With regard to the road frontage portion of the Variance, the Zoning Ordinance requires that parcels of less than five acres in size in the AE-20 District have 165 feet of public road frontage. This standard serves to restrict the creation of landlocked parcels as well as ensuring that roads serving properties are adequately constructed and maintained. Moreover, waiving the public road frontage requirement generally places additional traffic on private roads, which in turn impacts neighborhood property owners who are dependent on the road for access. The increase in the number of property owners accessing the private road may also result in disputes over upgrading and maintenance responsibilities and tends to diminish the likelihood that the road will ever be upgraded to public road standards. In this case, if the Variance were granted, one additional property owner would regularly utilize the existing private road. As discussed, the proposed 1.74-acre parcel will not have frontage along a public road, but rather will be located adjacent to Reno Road (private). In order to meet the public road frontage requirement of the Ordinance, the applicant would be required to construct a public road almost 500 feet long according to County public road standards from E. Reno Avenue to the proposed 1.74-acre parcel. Staff believes that this requirement would be unreasonable because of the length of the road and cost to construct the road to serve the single-family residence. An alternative would be to propose property division from east to west (parallel to the north and south property lines) which would provide over 171 feet of frontage for each parcel along Auberry Road. This is not a reasonable alternative because the existing house would be Staff Report – Page 7 bisected and the resulting parcel configuration would exceed the required 4:1 lot depth to width ratio and would require a Variance. Based on this information, staff believes that Findings 1 and 2 can be made with regard to the road frontage portion of the request. To address Finding 3, the applicant states that, “it is my intention to one day build a home on this property of 1.74-acres to help preserve it. Any improvements in the area will only enhance property values in the area, and increase safety by reducing fire hazards through regular maintenance.” As the parcel is located in the AE-20 Zone District, the cumulative and incremental impact of land division and residential development should be taken into consideration. An increase in population may conflict with normal farming practices. Should the application be approved, a Right-to-Farm notice should be required, prior to the recordation of the required map. The project was routed to the Health Department for review and comment, the Department indicates that the proposed parcel can support a water well and sewage disposal system with complete replacement area. Staff does not believe that the proposal will result in a negative impact to the properties or public welfare within the vicinity of the subject property. Based on the aforementioned information, staff believes that Finding 3 can be made with regard to parcel size. With regard to impacts to the road and adjacent property owners who use Reno Road, staff also notes that a County Service Area has been established for the maintenance of Reno Road pursuant to the requirements of a previously approved mapping application, and the road has been improved with pavement approximately 18 to 20 feet wide in most areas. As discussed below, if this Variance is approved, the applicant, through the required mapping application, will be required to annex to CSA 35 and improve his proportional share of Reno Road. Based on this information, staff believes that Finding 3 can be made with regard to the road frontage request. Access and Traffic Auberry Road is an arterial road with between 66 feet and 78 feet of total road right-ofway across the frontage of the parcel. The required right-of-way is 53 feet from road centerline to the subject parcel. An additional right-of-way dedication across the frontage of the subject parcel is required in order to provide for this minimum and bring the road up to arterial standards. If approved this issue will be addressed during the required mapping procedure. To address policy and safety considerations staff has included conditions to prohibit additional driveways onto Auberry Road. Staff Report – Page 8 To address limitations identified in the General Plan section of the report, access to the parcel must be off Reno Road. Development standards require public road frontage to restrict the creation of landlocked parcels and to ensure that roads serving parcels are properly constructed and maintained. The application includes the request to waive public road frontage. If approved, the property will have to be annexed to CSA 35, Zone AJ to participate in their pro-rata share of road maintenance, and the applicant will be responsible for improving/constructing a portion of Reno Road. These items will be a mandatory requirement through the required mapping application. STAFF RECOMMENDATION Staff believes that findings 1, 2 and 4 cannot be made with regard to the parcel size request and recommends denial of Variance Application No. 3771. If the Commission believes that the required Findings can be made, it should approve Variance Application No. 3771 and adopt the Negative Declaration prepared for Initial Study Application No. 5026. PLANNING COMMISSION MOTIONS: Recommended Motion (denial action) • Move to determine that the required findings cannot be made and move to deny the request. • Direct the secretary to prepare a resolution documenting the Commission’s action. Alternative Motion (approval action) • Move to adopt the Negative Declaration prepared for Initial Study Application No. 5026. • Move to determine the required findings can be made (state basis for making findings) and move to approve the application subject to the recommended conditions. Recommended Conditions of Approval: 1. Division of the parcel shall be in substantial conformance with the site plan approved by the Planning Commission. 2. No new driveways shall be permitted accessing Auberry Road. 3. Prior to the completion of a mapping procedure, an agreement incorporating the provisions of the “Right-to-Farm” Notice (Ordinance Code Section 17.40.100) shall be entered into with Fresno County. Staff Report – Page 9 The following notes reference mandatory requirements of Fresno County or other agencies and are provided as information to the project applicant. 1. Division of the subject property is subject to the provisions of the Fresno County Parcel Map Ordinance. For more information, contact the Development Engineering Section of the Department of Public Works and Planning at (559) 262-4240. 2. The Clovis Unified School District currently levies a fee of $2.53 per square foot for residential development. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. 3. All storm water runoff from any new development shall remain on-site. Ponds in excess of 18 inches shall be fenced. 4. An encroachment permit will be required for any improvements within the County right-of-way in connection with access to the existing parcel and / or connection of Reno Road to Auberry Road. 5. If any grading is proposed, a Grading and Drainage Plan along with a Grading Permit Voucher will be require. 6. In Fresno County, a test hole and inspection is required in all areas of the FriantKern Canal prior to the issuance of construction permits. The test hole evaluation may result in a requirement for an engineered septic system. Such a system, following an on-site investigation, must be designated and the installation certified by a California registered geologist or a registered civil engineer that is knowledgeable and experienced in the field of septic tank leaching system and design. Whenever possible, test hole procedures should be conducted during the Spring run-off period in order to accurately assess seasonal high ground water conditions. 7. At such time the applicant or future property owner decides to construct a water well, they will be required to apply for and obtain a Permit to Construct a Water Well from the Fresno County Department of Community Health, Environmental Health System. Please be advised that only those persons with a valid C-57 Contractor’s License may construct wells. For more information, contact the Water Surveillance Program at (559) 445-3357. JG:lb G:\4360Devs&Pln\PROJSEC\PROJDOCS\VA\3700-3775\VA3771 sr.doc Staff Report – Page 10