Action:  Review and approve, or approve with edits, the December 4, 2017 Fresno County Airport Land Use Commission minutes.

Summary:  Development Permit Application No. D-18-026 was filed by Nicholas Crawford of Don Pickett & Associates, Inc. This application pertains to development of a motorcycle training facility containing a 600-square-foot storage building with restroom and attached 20’ X 30’ canopy, parking and pavement. The proposed project will be constructed on an undeveloped site. The property is zoned IL/UGM (Light Industrial/Urban Growth Management). APN: 458-060-46 & 458-060-58. The proposed site plan is included for information. A Categorical Exemption to CEQA will be prepared for this project prior to approval.

ALUC staff was asked to conduct an informal, preliminary review of the project prior to its submittal for an ALUC finding of consistency.  It was reviewed using two different CLUP documents developed for Fresno Chandler Executive Airport. The first was the current ALUCP adopted in 2014 and the second is our new, draft version scheduled to be adopted this summer: Page C-3: http://fresnocounty.airportstudy.com/files/Fresno-Draft-ALUCP-011018-Small.pdf

In the 2014 ALUCP it states that the placement of a school at that location (2014 plan, page 16 and 2000 plan page 21) is inconsistent with the identified location and zone for which it is proposed. However, ALUC staff also asked Fresno Yosemite International staff to review the project and provide recommendation. Airports Planning Manager, Mark Davis submitted the following review:

This project is located in the Inner Turning Zone (Zone 3) which restricts Residential uses to no more than 2 dwelling units per acre and allows other uses in structures except schools, hospitals, nursing homes or similar uses. I would agree the proposed use is consistent with the FCH ALUCP.  The use in the structure will be storage not a school. Additionally for clarification, the CalTrans Handbook specifically identifies Children’s Schools as a prohibited use, not all schools. Uses not in structures are all compatible. 

Therefore, taking into consideration that the Caltrans Handbook and the ALUC's draft ALUCP document both clarify "children's schools" as inconsistent, ALUC staff recommends a finding of consistency for this project.

Action:  Approval of the City of Fresno's request for a Finding of Consistency on Development Permit Application No. D-18-026.

Summary:  In August of 2017 the ALUC was asked to approve amended language for the city of Fresno's Development Code text Article 58, Section 15-5808 as follows to streamline the process for certain Development Code text amendments, and avoid having to bring items before the ALUC that had nothing to do with Airport Land Use. The ALUC approved of the concept, but not the proposed text revision as worded below:

2017 Proposal:  The Airport Land Use Commission (ALUC) shall review all text amendments which affect the height, density, use, or related aspects of properties within their purview. The ALUC shall also review all Rezones and Plan Amendments that are within their purview.  The Commissioners found the language to be somewhat vague. Therefore proposed language will be presented at the ALUC meeting after staff and the city of Fresno have agreed on draft new language.

Therefore, City of Fresno staff and ALUC staff have revised the original text revision to read as follows:

2018 Proposal:   The Airport Land Use Commission (ALUC) shall review all text amendments effecting projects or property within an Airport Influence Area for consistency with the adopted Airport Land Use Compatibility Plan which affect the height, density, land use designation, or related aspects of properties within their purview, as determined by the Director and the ALUC's staff. The ALUC shall also review all Rezones and Plan Amendments that are within their purview. All reviews should be completed prior to local agency implementation of land use plans, regulations and projects.

Action:  Approval of the City of Fresno's request for a finding of consistency on the amended Development Code Article 58, Section 15-5808 language as presented by ALUC staff.

Summary:  This project proposes to amend the Fresno General Plan, the Bullard, Fresno High, McLane, Roosevelt, Hoover and Downtown Neighborhoods Community Plans, the Tower District Specific Plans, the Fresno Chandler Executive Airport Land Use Compatibility Plan, the Fresno-Chandler Downtown Airport Master and Environs Specific Plan and the Fresno Yosemite Airport Land Use Compatibility Plan, as noted in the attached maps and table and pertains to approximately 498.72 acres of property located within the Fresno General Plan Planning Area in order to improve consistency with existing built conditions and pre-existing plans. A rezone will also be part of the cleanup project in order to make all properties consistent with the aforementioned Plan Amendment. The Development Code text Amendment makes minor changes to various standards in order to improve functionality, clarity, and internal consistency.

Action:  The City of Fresno requests a finding of consistency for planned land use rezoning sites in accordance with the attached table and maps, and for the City of Fresno's Development Code amendment as attached. 

Summary:  The Fresno County ALUC directed staft to work with legal counsel to draft a letter to the City of Fresno regarding the overrule process requirements related to an agenda item brought before the Commission on October 3, 2016. The City of Fresno presented an item to the ALUC with a Finding of Consistency request. The item included plan amendments, a rezone, text amendments and a related Environmental Impact Report for proposed adoption of the Downtown Neighborhood Community Plan and the Fulton Corridor Specific Plan. These applications were referred to the Airport Land Use Commission (ALUC) for mandatory review under the provisions of the State of California Public Utilities Code. Only the portions of the plans that were proposed within the boundaries of the Airport Influence Area of the Fresno Chandler Executive Airport Land Use Compatibility Plan were included for review. 

After much discussion on the items, the ALUC found the proposed plan amendment and rezone inconsistent with the Fresno Chandler Executive Airport Land Use Compatibility Plan due to proposed densities. City staff was present during the discussion and debate on the matter and was made aware of the specific concerns that prompted the commission to make its findings. Some months after the meeting was held ALUC members learned that the finding had been overruled by the City of Fresno. This course of action is allowable if the local agency follows a prescribed course of action clearly outlined in the California Airport Land Use Planning Handbook, section 5.5.  It does not appear that the City of Fresno followed the mandatory overrule steps.

Therefore, the attached letter was drafted by staff and edited by legal counsel and the ALUC Board Chair, and is submitted for review, edits and approval by the Commission.

Action:  Approval of the attached ALUC letter to the City of Fresno.  

Summary:  The project consists of a proposal to amend the land use and zoning designations for the site, and a tentative subdivision map to subdivide the site for a single family residential subdivision.  These actions are summarized as follows: 

- General Plan Amendment 2018-01. This action is an amendment of the Land Use Map of the 2025 Mendota General Plan to change the land use designation of the project site from “Community Commercial” and “High Density Residential” to “Medium Density Residential” and a smaller area of “Community Commercial”. A proposed park and a stormwater basin will be designated “Recreational” and “Public Use”, respectively.
- Zone Change 2018-01. This action is a Zone Change, to change the zoning of the project site to coincide with proposed uses, including:
- 82 single family residential lots will be zoned R-1 (P) (Single Family Residential – Planned Unit Development). The P zone allows minimum lot sizes of 4,200 square feet in the R-1 zone and is applied to allow flexibility for lot sizes in the subdivision.
- A 1.65 -acre commercial site at the corner of Bass and Highway 33 will be zoned C-2 (Community Commercial)
- A proposed mini park will be zoned “O” (Open Space/Recreation)
- A proposed stormwater ponding basin will be zoned P-F (Public Facilities)
- Tentative subdivision map 2018-01. As noted above, the map will create 82 single family residential lots, a mini park, and a stormwater retention basin.

Action:  The City of Mendota requests a finding of consistency for General Plan Amendment 2018-01 and the La Colonia Project.

1.  2018 Meeting Schedule (please mark your calendars):

• June 4, 2018
• August 6, 2018
• October 1, 2018
• December 3, 2018