Summary: The City of Fresno has filed Text Amendment Application No. P23-03410 to modify use regulations for tobacco and vapor sales within the City of Fresno boundaries. The City of Fresno is requesting authorization of an amendment to the Citywide Development Code and to modify Fresno Municipal Code (FMC) Sections 15-6802 (Definitions) and 15-2761 (Tobacco and Vapor Sales).

The amendment proposes to add terms and definitions to FMC Section 15-6208 (Definitions) and amend FMC Section 15-2761 (Tobacco and Vapor Sales) of the Citywide Development Code to provide additional regulations for tobacco and vapor sales as a primary use.

The current code regulations for tobacco and vapor sales in FMC Section 15-2761 only provide restrictions for signage when establishments are near sensitive areas, i.e., any establishment located within 400 feet of a park, school (private or public), day care, or other youth-sensitive places may not advertise smoke sales or related paraphernalia in a manner visible from outside the establishment.

The amendment would replace the existing regulations entirely. Specifically, the proposed Text Amendment will provide additional regulations relating to tobacco and vapor sales as a primary use, which are not incidental to a larger retail use such as supermarkets and convenience stores; otherwise known as “Smoke Shops.”

The amendment would also add definitions to Tobacco Product; tobacco retailer; existing tobacco retailer; new tobacco retailer; and paraphernalia in FMC Section 15-6208.

The text amendment was required to be brought before the Airport Land Use Commission, but it is not anticipated to affect the airports or airport land uses.

Action: ALUC staff recommends that the Fresno County Airport Land Use Commission approve a Finding of Consistency for the City of Fresno Text Amendment No. P23-03410- Sections 15-2761 and 15-6902 of the Fresno Municipal Code.

Action:  Review and approve, or approve with edits, the October 2, 2023 Fresno County Airport Land Use Commission Action Summary.

Summary: Stamoules Produce Company, Inc. operates a large crop producing facility in the unincorportated community of Mendota. They wish to construct and operate a special use airport for business and personal use, and seasonal crop-dusting. The plan consists of an approximately 4,847-foot-long by 75-foot-wide runway, along with an approximately 10,173 square-foot hangar building with offices and a 2,000 square-foot caretakers residence, on a 434.93-acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.

The project was submitted to Caltrans as a Private-Use airport, however Caltrans disagreed with the proponent's designation of the airport as Private-Use and advised that it would be classified as Special-Use as defined by the California Code of Regulations. Caltrans' letter to the City of Mendota is attached for your review. 

The project site is located approximately one half-mile northeast of the intersection of W. California Avenue and S. Lyon Avenue, and approximately four miles southwest of the nearest city limits of the City of Mendota (904 S. Lyon Avenue).

The Fresno County Planning Commission approved the land use in June 2023, and the project received approval to move forward with a plan of construction in November 2023, from the Fresno County Board of Supervisors. Now, the airport plan is required to receive a Finding of Consistency with the Airport Land Use Commission's Compatibility Plan. 

The attached resolution document outlines the nature of the airports operations and addresses any known concerns. In summary, the airport will not store any hazardous materials or fuels onsite. Aircraft noise will be emitted by the applicant's aircraft, with flight times varying between 7 am to 10 pm three days per week, and crop dusting will be done seasonally. Estimated noise contours illustrating the location and length of the proposed airport are included which illustrates the approximate location of the 70 and 60 CNEL noise profile of the proposed airport using the Sierra Sky Park Airport Land Use Plan noise profiles as a guide. (Not available when agenda released, was added 11/29.)

Project location maps, a layout plan and Hangar Site Plans are attached for your review, as well as the Board of Supervisor's signed resolution approving the project.

Action: ALUC staff recommends that the Fresno County Airport Land Use Commission approve a Finding of Consistency for Stamoules Produce Company, Inc.'s new proposed special use airport. 

Summary: Vesting Tentative Tract Map No. 6441 was filed with the City of Fresno by Precision Civil Engineering, on behalf of Yanhua Wu, pertaining to approximately 4.23 acres of property located on the south side of East Belmont Avenue east of North Armstrong Avenue. The applicant requests authorization to subdivide the subject property into a 30-lot single-family subdivision.

Plan Amendment-Rezone Application No. P23-01117 was filed by Precision Civil Engineering, on behalf of Yanhua Wu, pertaining to approximately 4.23 acres of property located on the south side of East Belmont Avenue east of North Armstrong Avenue. The applicant requests authorization to rezone the subject property to RS-5 (previously RS-3) and amend the General Plan to change the land use designation to Residential Single-Family, Medium Density (previously Residential Single-Family, Low Density).

Planned Development Permit Application No. P23-03735 proposes modifications to the zoning code to reduce the minimum lot size, street side setback, rear setback, and increase maximum lot coverage. The modifications would allow flexibility for floor plans to be built on all of the lots and create housing that is affordable by design since the overall housing costs would be less than traditional subdivisions because they are smaller and more efficiently designed.

The project is located within Safety Zone 6, the Traffic Pattern Zone (TPZ) of Fresno Yosemite International Airport. There are no limits on dwelling units per acre in this zone and no forseeable hazards to flight depicted in the tract layouts provided. This project does not sit within the noise contours of any airport. 

Action: ALUC staff recommends the Fresno County Airport Land Use Commission approve a Finding of Consistency for the City of Fresno's Tentative Tract Map 6441 P23-01144, Plan Amendment-Rezone P23-01117 and Planned Development P23-03735.

2024 meeting dates

• February 5
• April 1
• June 3