Action:  Review and approve, or approve with edits, the October 1, 2018 Fresno County Airport Land Use Commission Action Summary.

Summary:  The ALUCP provides policies for use by the Fresno County Airport Land Use Commission when evaluating compatibility between proposals for land use development in the vicinity of public use airports in Fresno County, California (Coalinga Municipal, Firebaugh, Fresno-Chandler Executive, Fresno Yosemite International, Harris Ranch, Reedley Municipal, Selma, Sierra Sky Park and William Robert Johnston Municipal).  Additionally, this plan incorporates the recommendations from the Air Installations Compatible Use Zones (AICUZ) Report for Naval Air Station (NAS), Lemoore, California that apply within Fresno County. The local agencies that have jurisdiction over land uses within the areas covered by this plan include but are not limited to Fresno County and the Cities of Coalinga, Firebaugh, Fresno, Mendota, Reedley, and Selma. The plan is prepared in accordance with the requirements of the California State Aeronautics Act.  

Four sets of comment letters and concurrent responses relating to the ALUCP were submitted to the ALUC for review at the Commission's last meeting on October 6, 2019. No comments were received related to the Initial Study/Negative Declaration. Following that meeting ALUC staff continued to work with the City of Fresno and the consultant to resolve remaining city concerns over proposed expansion of the Airport Influence Areas (AIA) around Fresno Air Terminal and Fresno Chandler Downtown Airports. As presented at the last meeting, Urban Core designations have been delineated within zone 6 of Fresno Air Terminal (FAT)/Fresno Yosemite International and Fresno Chandler Downtown Airports. These designation proposals accommodate the City of Fresno's transit-oriented development plans along corridors such as Kings Canyon, California, Shaw Avenue and the downtown urban core. Updated maps of the AIA for FAT and Chandler Airport are attached for Commission review as agreed upon in principle by ALUC staff and the City of Fresno. 

An additional Caltrans Aeronautics comment letter dated October 26, 2018 was received. The 'Responses to CALTRANS Letter' is attached for Commission review, and all of the responses to comments are included in the attached final draft of the Negative Declaration.  

All of the redline changes made in response to comments on the Fresno County Airport Land Use Compatibility Plan Update and redline changes to the Initial Study/Negative Declaration are available on the project website, as well as the final draft Fresno County Airport Land Use Compatibility Plan: http://fresnocounty.airportstudy.com/.

Action:  Staff recommends the Fresno County Airport Land Use Commission adopt the Fresno County Airport Land Use Compatibility Plan Update and Initial Study/Negative Declaration by attached resolution. 

Summary:  On December 6, the Fresno City Council will be considering a group of plan amendments, rezonings, and text amendments collectively known as a General Plan Cleanup. In total, 18 sites are proposed to be changed to a new General Plan Land Use and zoning designation, six of which were submitted to the Airport Land Use Commission for a Finding of Consistency. In addition, 75 sections of the Development Code text would also be amended.

Overview:

The concept of the Cleanup developed following the wholesale update of the City of Fresno’s land use planning framework. A new General Plan was adopted in late 2014 which proposed many land use changes, particularly with regard to creating mixed-use transit corridors and encouraging roughly half of future growth to take the form of infill development within the existing city. A year later an all-new Development Code replaced the old zoning ordinance in order to more effectively implement these new policies, and a new citywide (excluding Downtown) zoning map was adopted to make planned land use and zoning consistent with each other. Finally, in late 2016 center of the city was brought into alignment with this new framework with the adoption of the Downtown Neighborhoods Community Plan, Fulton Corridor Specific Plan, and Downtown Development Code.

While this new planning system has generally worked as intended and is showing positive impacts, there are a few abnormalities that have been discovered, and the City has used the Cleanup process to remedy these situations. Also, some property owners on sites with new land use designations/zoning have requested to return to the equivalent of their former designations; if doing so isn’t in conflict with General Plan policies or the Master Environmental Impact Report, such requests will be brought to the City Council for consideration. Additionally, minor amendments to the text of the new Development Code have been made as part of the Cleanups in order to improve functionality, clarity, internal consistency, and consistency with State law.

Planned Land Use Changes and Rezonings

Site #3 is located south of Sierra Sky Park airport in the Inner Turning and Inner Approach Zones. It is presently zoned RS-5--Medium Density Residential. City of Fresno staff proposes to rezone it to O—Office to be consistent with adjacent parcels. 

Staff analysis:

Please note this text from the Fresno County ALUCP Update:

2.6.7 Properties Divided by Compatibility Zone Boundary For the purpose of evaluating consistency with the compatibility criteria set forth in this ALUCP, any parcel larger than one acre that is split by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the compatibility zone boundary line.  Parcels less than one acre shall be evaluated for consistency based upon the compatibility zone that covers the majority of the parcel (>50%). 

Therefore, for Site 3 to be found consistent, it would limit dwelling units per acre depending on zone a project sits within. See Table 3A, Zones 2 and 3 for detailed safety criteria. The limitation may be 1 dwelling unit per 10 acres, with a maximum non-residential intensity of 60 persons per acre and 30% required open land. Or a limit of 1 dwelling unit per 2 acres, and a maximum non-residential intensity of 100 persons per acre.

As indicated in the attached spreadsheet entitled Expanded Table for ALUC the City of Fresno's O--Office zoning allows for a maximum height of 60 feet, with no limitation on density. Permitted Uses include a variety of offices and related uses, as well as some other commercial activities such as limited amounts of retail, and limited civic uses are allowed such as certain types of schools and parks. As stated in the Final Draft Fresno County ALUCP, Zones 2 and 3 prohibit children's schools, day care centers, adult schools, colleges, universities, recreational uses, waterways that create a bird attractant and hazards to flight. The City's "office" zoning would also need to limit buildings to three stories or less. Additional conditions include an airport disclosure notice, structures must be located a maximum distance from the extended runway centerline, and airspace review required for objects over 35 feet tall. 

Site #6 is located to the east of Sierra Sky Park airport in the Traffic Pattern Zone. It is a fully developed and established residential neighborhood. Under the old Development Code, this neighborhood was zoned R-1-B, which had a minimum lot size of 12,500 square feet. Under the new Development Code, this neighborhood was zoned RS-4, which allows lots between 5,000 and 9,000 square feet in size. While the redevelopment of these sites is not anticipated, the current zoning allows for greater density than the former zoning and the existing built pattern. Therefore, City of Fresno staff proposes to rezone the neighborhood to RS-3, which allows lots between 9,000 and 32,000 square feet in size. RS-3 is the designation in the new Development Code which is most consistent with the former zoning and the existing built pattern.

Staff analysis: For Site 6 to be found consistent, it would be limited to a maximum non-residential intensity of 300 persons per acre with 10% required open land for new construction. Additional conditions include an airport disclosure notice, airspace review for objects over 100 feet tall, new structures prohibited on existing terrain that penetrates the 14 CFR Part 77 surfaces and required additional airspace analysis within the 50-foot terrain penetration buffer.

Site #7 is also located to the east of Sierra Sky Park airport in the Traffic Pattern Zone. It is small, fully developed residential enclave adjacent to San Joaquin Country Club. Under the old Development Code, this neighborhood was zoned R-A, which had a minimum lot size of 36,000 square feet. Under the new Development Code, this neighborhood was zoned RS-4, which allows lots between 5,000 and 9,000 square feet in size. While the redevelopment of these sites is not anticipated, the current zoning allows for greater density than the former zoning and the existing built pattern. Therefore, City of Fresno staff proposes to rezone the neighborhood to RS-1, which has a minimum lot size of 36,000 square feet in size. RS-1 is the designation in the new Development Code which is most consistent with the former zoning and the existing built pattern.

Staff analysis: For Site 7 to be found consistent, it would be limited to a maximum non-residential intensity of 300 persons per acre with 10% required open land for new construction. Additional conditions include an airport disclosure notice, airspace review for objects over 100 feet tall, new structures prohibited on existing terrain that penetrates the 14 CFR Part 77 surfaces and required additional airspace analysis within the 50-foot terrain penetration buffer.

Site #10 is located to the east of Chandler airport in the Traffic Pattern Zone. It is developed with a mix of commercial and residential uses and also includes vacant properties. It is very similar to adjacent properties to the northwest which are zoned NMX--Neighborhood Mixed Use. Under the old Development Code this area was zoned C-6--Heavy Commercial. Considering the proximity to Downtown employment and amenities and the future High-Speed Rail station, as well as the nature of similar nearby properties, NMX is the most appropriate designation for these properties.

Staff analysis:

Please note this section of the ALUCP Update:

For a proposed project with a mix of residential and nonresidential uses, residential density is converted to intensity and the total number of residential occupants is limited to half the maximum nonresidential intensity specified in Table 3A (of the ALUCP).  For live/work projects, each dwelling unit is to be counted towards density, and only the square footage devoted to nonresidential use is to be used in the calculation of nonresidential intensity. When converting residential density to intensity, the number of people per household for the jurisdiction, as available from the U.S. Census Bureau, should be used.

For Site 10 to be found consistent, it would be limited to projects with a maximum non-residential intensity of 300 persons per acre with 10% required open land for new construction. Additional conditions include an airport disclosure notice, airspace review for objects over 100 feet tall, new structures prohibited on existing terrain that penetrates the 14 CFR Part 77 surfaces and required additional airspace analysis within the 50-foot terrain penetration buffer.

Site #11 is located to the north of Chandler airport in the Traffic Pattern Zone. It is developed primarily with residential uses, although one property has been converted to commercial use. Under the old Development Code this area was zoned C-6--Heavy Commercial. With the adoption of the new Development Code, these properties were rezoned to RS-5--Medium Density Residential. A property owner has requested that the area change back to heavy commercial zoning--under the new Development Code that would be CG--General Commercial. City of Fresno Staff recommends against this action, however, because it would be incompatible with the residential nature of the existing development on that block.

Staff analysis: The City of Fresno's CG--Commercial, General zoning as seen in the attached document allows a wide variety of large and intense retail uses, as well as other commercial activities such as offices. Limited civic uses are allowed, such as certain types of schools and parks. There is no maximum density limitation for this zone. For Site 6 to be found consistent, it would be limited to projects with a maximum non-residential intensity of 300 persons per acre with 10% required open land for new construction. Additional conditions include an airport disclosure notice, airspace review for objects over 100 feet tall, new structures prohibited on existing terrain that penetrates the 14 CFR Part 77 surfaces and required additional airspace analysis within the 50-foot terrain penetration buffer.

Site #13 is located west of Fresno Yosemite International airport in the Traffic Pattern Zone. Under the new Development Code it was changed to public and institutional zoning. However, the site is built out with commercial uses and no public use is anticipated for the site. City of Fresno staff proposes rezoning the site to Community Commercial to match its current uses.

Staff analysis: The City of Fresno's CG--Commercial, community zoning as seen in the attached document allows a variety of neighborhood-oriented retail uses, as well as other commercial activities such as offices. There is no maximum density limit, but maximum project height is 35 feet. Limited civic uses are allowed, such as certain types of schools and parks. Therefore, for Site 6 to be found consistent, it would be limited to a maximum non-residential intensity of 300 persons per acre with 10% required open land for new construction. All hazards to flight and very high intensity uses are prohibited in this zone. Additional conditions include an airport disclosure notice, airspace review for objects over 100 feet tall, new structures prohibited on existing terrain that penetrates the 14 CFR Part 77 surfaces and required additional airspace analysis within the 50-foot terrain penetration buffer.

Development Code Text Amendments

The text amendments (see attached) include minor changes to the Development Code in order to improve functionality, clarity, internal consistency and consistency with State law. While most of these proposed changes have little to no impact to issues under the purview of the ALUC, City of Fresno staff would like to direct commissioners to the changes recommended for sections 15-310-A and 15-903-1, both of which clarify how residential density is measured. The current language in the Development Code causes occasional confusion when compared to the description of how to measure density in the General Plan, particularly for large single-family subdivisions. The proposed change would not change allowed densities in any part of the City, but brings the method of measurement more in line with the General Plan.

To view the current language for each of these sections, Commissioners may view the Development Code in its entirety at the following link: https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH15CIDECOINRE

Action:  Fresno County Airport Land Use Commission approve a Finding of Consistency for the City of Fresno's submitted General Plan Clean-Up item containing six General Plan Land Use and zoning designation changes and 75 Development Code text changes.

Summary:  This item is a follow-up to a Commission question posed at the October 1, 2018 meeting regarding the Commission’s use of a consent agenda for ALUC consistency determinations (e.g., whether a proposed local agency action is consistent with the Commission’s airport land use plan). ALUC Legal Counsel will speak to the Commission regarding this item. 

Action:  Information Item. Alternative direction may be taken at the discretion of the Commission.

1.  2018-19 Fiscal Year ALUC Meeting Schedule (please mark your calendars):

• February 4, 2019
• April 1, 2019
• June 3, 2019