REPORT TO THE CITY COUNCIL
FROM: JENNIFER CLARK, Director
Planning & Development Department
THROUGH: SOPHIA PAGOULATOS, Planning Manager
Planning & Development Department
BY: ADRIENNE ASADOORIAN-GILBERT, Supervising Planner
Planning & Development Department
SUBJECT
Title
HEARING to consider initiation of the Tower District Specific Plan update, pertaining to all properties located within the boundaries of the Tower District Specific Plan area of the Fresno General Plan.
1. RESOLUTION - Application No. P24-02869 initiating the Tower District Specific Plan Draft Land Use Map and Draft Specific Plan update
2. RESOLUTION - Application No. P24-02420 initiating preparation of the Tower Entertainment District Overlay
3. RESOLUTION - Application No. P24-02871 initiating preparation of the Tower District Specific Plan Objective Design Standards
4. Second contract amendment extending the Consultant Services Agreement with Wallace, Roberts and Todd (WRT) to June 30, 2025.
Body
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. ADOPT RESOLUTION, Application No. P24-02869, initiating the Tower District Specific Plan Draft Land Use Map and Draft Specific Plan update
2. ADOPT RESOLUTION, Application No. P24-02420, initiating the Tower Entertainment District Overlay
3. ADOPT RESOLUTION, Application No. P24-02871, initiating the Tower District Specific Plan Objective Design Standards
4. APPROVE the second contract amendment extending the Consultant Services Agreement with Wallace, Roberts and Todd (WRT) to June 30, 2025.
EXECUTIVE SUMMARY
The proposed project is the initiation of the Draft Tower District Specific Plan Update and Land Use Map which includes initiation of the Tower Entertainment District Overlay and Tower District Specific Plan Objective Design Standards, and a second contract amendment extending the Consultant Services Agreement with WRT to June 30, 2025. This report describes the history and background of the Tower District Specific Plan approved on March 26, 1991 (1991 Plan), the actions taken to update the 1991 Plan, the outreach and planning process, and key elements of the Draft Specific Plan update. The development of the Tower District Specific Plan update was previously acted upon by the City Council in May 2021 to establish the Tower District Specific Plan Implementation Committee, in April 2022 to allocate $400,000 and approve a Consultant Services Agreement with WRT to prepare the Specific Plan update and in June 2023 to amend the Consultant Services agreement with WRT to allocate an additional $170,590 to the Specific Plan update process.
BACKGROUND
Origins: On March 26, 1991, the Fresno City Council adopted Bill No. B-26 and associated Ordinance No. 91-26 which adopted the Tower District Specific Plan and certified Final Environmental Impact No. FEIR 10108. The Tower District Specific Plan area comprises approximately three square miles and includes 1,868 acres. The Plan area is generally bounded by State Route 180 to the south, Blackstone Avenue to the east, Shields Avenue to the north and Fruit Avenue and the Union Pacific Railroad to the west. Preparation of the 1991 Tower District Specific Plan included a 21-member Citizen’s Planning Committee and substantial public input. The Plan analyzed the following four concepts: Conservation, Land Use, Open Space and Circulation. In addition, existing infrastructure capacity and implementation measures were included. The purpose of the 1991 Plan was to provide the City and residents of the district with a comprehensive structure for managing historic resources and neighborhoods in light of anticipated change and development. Objectives and policies established in the 1991 Plan have guided development in the Tower District for the past 33 years.
Specific Plans: California Government Code Section 65450 defines Specific Plans and sets out the regulations for their use. Specific Plans systematically implement the Fresno General Plan for all or part of the area under their scopes in one of three ways: 1) by acting as statements of planning policy that refine the Fresno General Plan policies applicable to a defined area; 2) by directly regulating land use, or 3) by bringing together detailed policies and regulations into a focused development scheme. The Tower District Specific Plan Update includes all three of these functions (see Exhibit B).
Budget: The total budget of the Specific Plan update is $570,590. This includes preparation of the Specific Plan, CEQA analysis, Objective Design Standards and the Tower Entertainment District Overlay.
Consultant Team: The prime consultant for the Specific Plan update is Wallace, Roberts and Todd (WRT), with LSA Associates and Zack Urban Solutions as sub-consultants. The consultant team studied the 1991 Plan, attended committee meetings and outreach events to receive public input, studied the Plan Area and analyzed potential new policies to prepare the Plan update. The consultant for the California Environmental Quality Act (CEQA) analysis is LSA Associates. This analysis will determine potential environmental impacts of the Plan.
Tower District Specific Plan Implementation Committee: On May 27, 2021, the City Council approved Resolution No. 2021-147, establishing the Tower District Specific Plan Implementation Committee (see Exhibit A). The Committee is a seven-member body representing the Council Districts within the boundaries of the Plan Area. Its purpose is to encourage and facilitate community involvement in the update of the specific plan. Resolution No. 2021-147 established. Implementation Committee meetings commenced in January 2022, with meetings occurring each month throughout the planning process. Implementation Committee members are included below:
Christopher Johnson (Chair) - appointed by Council President Annalisa Perea on September 2nd, 2021
Janay Conley (Vice Chair) - appointed by Council President Annalisa Perea on July 29th, 2021
Michael Birdsong - appointed by Council President Annalisa Perea on July 29th, 2021
Annie Lokrantz - appointed by Council President Annalisa Perea on September 2nd, 2021
James Kitch - appointed by Councilmember Miguel Arias on September 2nd, 2021
Myra Coble - appointed by Councilmember Miguel Arias on September 30th, 2021
Joe Catania - appointed by Mayor Jerry Dyer on July 20th, 2023
ANALYSIS
Planning analysis included review of existing and planned land uses, existing street and block patterns, the urban fabric of various neighborhoods within the Plan Area and locations of residential, commercial and industrial land uses. The update process also identified existing park sites, established potential future areas for open space opportunities, and reviewed existing and potential future historic resources and districts. Circulation patterns, existing bus routes and stops, and future planned stops were also analyzed throughout this process.
The Implementation Committee voted to ensure health and equity were the underpinning of the Specific Plan update. Objectives and policies of the Plan were analyzed to encourage positive health and equity outcomes. The following six health and equity topics were utilized in the analysis:
1. Housing Burden: economic equity directly affects an individual’s or family’s financial stability and overall well-being. High housing costs can lead to housing insecurity.
2. Access to Jobs: job accessibility affects economic stability, enabling people to afford adequate housing, nutritious food, healthcare and other necessities.
3. Active Lifestyle: community planning affects the ease with which people engage in recreation, such as ensuring homes are within a 10-minute walking distance from existing parks and planned public open spaces.
4. Access to Healthy Food: communities with limited access to grocery stores that offer fresh fruits, vegetables and other nutritious options face higher rates of diet-related illnesses such as obesity, diabetes, heart disease and hypertension.
5. Environmental Comfort: excessive heat from direct sunshine on asphalt and concrete surfaces can be mitigated with tree canopy and greenery.
6. Safety: street design plays a critical role in providing protected pedestrian and bicycle routes and discouraging motor vehicles at unsafe speeds. Another factor related to safety is that older and poorly ventilated buildings can lead to unhealthful interior air quality, causing headaches and higher asthma rates.
Policies in the 1991 Plan were analyzed against the health and equity metrics above and results were presented as part of a health and equity framework to the Implementation Committee. Policies that have been revised, removed and added as part of the Draft Specific Plan update will undergo further analysis against these metrics and will be included in the final plan presented to the Planning Commission and City Council for final recommendation.
In tandem with this analysis and throughout the public outreach process, City staff, WRT, the Implementation Committee and community embarked on a robust review of each policy in the 1991 Plan under a “keep, remove, revise” strategy. Policies that remained unchanged from the 1991 Plan were identified as “keep;” policies suggested for removal in the Plan update were identified as “remove;” and policies recommended for revision based on community feedback were identified as “revise.” In addition, new policies not established by the 1991 Plan were created to address community feedback (see Exhibit L). These policy edits were then presented at subsequent Implementation Committee meetings for further review and discussion. The Implementation Committee participated in an independent review of each policy to ensure each committee member’s feedback was included in the analysis. Committee responses were collected anonymously and presented to the public at the May 14, 2024 Implementation Committee meeting (See Exhibit E).
Some concepts from the 1991 Plan, such as land use, circulation, parks and open space and historic preservation, remain in the Draft Specific Plan update. Additionally, new Guiding Principles were developed for the Draft Specific Plan update as follows:
• Enhance the livability and social diversity of the Tower District’s residential neighborhoods, and create housing opportunities that make the District inclusive and welcoming
• Nurture the mutually supportive relationship between the Tower District’s residential neighborhoods and vibrant commercial areas
• Conserve and revitalize the Tower District’s historic resources
• Shape the character of new development to complement the Tower District’s character as a walkable place not dominated by the automobile
• Provide effective transportation access for pedestrians, bicyclists, motorists, and transit users, and emphasize the importance of pedestrian-friendly environments
• Increase opportunities for recreation within walking distance of Tower District residents
• Promote environmental sustainability and resilience
The chapters of the Draft Specific Plan update align with those in the 1991 Plan, as follows:
Chapter 2 - Conservation and Historic Preservation
This Chapter highlights the importance of preservation and use of historic resources in retaining a community’s distinct character and sense of place. All eight conservation and historic preservation policies included in the 1991 Plan were carried over into the plan update and revised. The proposed draft also includes 10 new policies that have been incorporated in the draft update. New policies focus on developing a historic context statement for the Tower District, encouraging the rehabilitation and adaptive reuse of historic buildings, and ensuring historic resources are properly maintained.
Chapter 3 - Land Use
This Chapter considers how land should be used in the Tower District and sets parameters regarding allowable activities and the character of new development. All land use policies from the 1991 Plan were carried over into the Draft Specific Plan update and revised. The update also includes 19 new policies. These policies address topics such as increasing the affordable housing inventory in the Tower District, supporting commercial businesses, and encouraging new retail options, namely a grocery store, in the Tower District.
Chapter 4 - Parks and Public Facilities
This Chapter places an emphasis on the ability of parks and open spaces to not only support community life but also contribute to the physical and physiological well-being of District patrons. All policies from the 1991 Plan were incorporated into the Draft Specific Plan update with revisions. The update also includes 11 new policies that focus on strengthening the relationship between agencies to enhance public park space, fostering parks as safe public spaces and identifying opportunities for a public library in the Tower District.
Chapter 5 - Circulation
This Chapter focuses on circulation across the overall street network in the Tower District and the design of streets themselves. From the 1991 Plan, three policies remain unchanged, and eight policies were revised for incorporation into the Draft Specific Plan update, while one policy was removed. Twenty-four policies were added, which focus on improving multi-modal functions of key corridors, providing extended transportation options and enhancing main street corridors.
Chapter 6 - Utilities
This Chapter highlights existing utility infrastructure in the Tower District. As individual projects are proposed, existing utility infrastructure and capacity will be evaluated in conformance with the Department of Public Utilities standards. Improvements will be required as necessary to meet demand.
Proposed Land Use Changes
To align with existing uses and community feedback received during the public outreach process, the Implementation Committee reviewed potential land use changes to areas within the Tower District boundary. A summary of the proposed land use changes is included below (see Exhibit D).
• Allow for mixed-use along Shields Avenue and Blackstone Avenue corridors
• Provide Residential Medium Low Density to align with single-family uses in the Terrace Gardens, Porter Tract and Wilson Island neighborhoods
• Include mixed-use along commercial corners and nodes
• Reflect existing and planned park locations
Housing Crisis Act of 2019 (SB 330) Analysis
Senate Bill (“SB”) 330, also known as the Housing Crisis Act of 2019 is a housing-related bill that went into effect on January 1, 2020, and will remain in effect through January 1, 2030. One of the provisions of this legislation, as it relates to Plan Amendments and Rezoning, includes limitations wherein an affected City (which includes the City of Fresno) cannot change land use or zoning designations, nor alter the intensity of existing land use designations or zone districts, in a manner that reduces housing capacity below the capacity that was available on January 1, 2018 unless there is a concurrent increase of capacity elsewhere within the city (i.e. corresponding up-zone) that ensures there is no net loss of housing capacity.
The Tower District Specific Plan Area includes a total net acreage of 1,307 acres - based on the current General Plan Land Use map, this results in a total housing capacity of 19,671 dwelling units. As referenced in Exhibit D, the Draft Specific Plan update proposes to change the land use designation and corresponding zoning of 99.5 acres, or 5% of the total land area within the Plan Area to align with Draft Specific Plan policies and community feedback, and to reflect established uses in the Tower District. These changes require comparison of current and proposed dwelling unit capacity in the Tower District Specific Plan Area.
Implementation of the proposed Draft Specific Plan land use changes would result in a net increase of 2,318 dwelling units and increase total housing capacity in the Tower District to 21,989 dwelling units, thereby complying with the requirements of SB 330. The table below describes the results:
|
|
Total Acres |
Housing Capacity |
|
TDSP Area |
1,307* |
19,671 dwelling units |
|
Acres Proposed for Change |
99.5 |
General Plan: 718 dwelling units |
|
|
|
TDSP Proposed: 3,036 dwelling units |
|
Net Increase |
2,318 dwelling units |
|
Total Proposed Housing Capacity |
21,989 dwelling units |
*Total net acreage of Plan Area
Tower Entertainment District
During the public outreach process, members of the Tower District community expressed a desire to establish regulations for late-night entertainment uses located adjacent to residential uses. As such, the Tower Entertainment District (TED) Overlay is intended to support a variety of entertainment businesses in the Tower District while ensuring commercial uses integrate well with surrounding residential areas. The TED Overlay is intended to apply to establishments with restaurant, bar and night-club related uses that include rear or side outdoor patios with a Conditional Use Permit (see Exhibit I and Exhibit J).
Objective Design Standards
In June of 2005, the Tower District Specific Plan Design Guidelines were adopted. These guidelines were established to assist property owners and developers by clearly describing what is expected of projects in the Plan area, assist the Implementation Committee by guiding development in the neighborhood commercial mixed-use area, and assist the Planning and Development Department by outlining requirements for projects and minimizing conflicts with existing plans.
California Government Code Section 65913.4 defines objective design standards as “design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark of criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” In accordance with State law, the City is required to update the existing Design Guidelines to establish objective design standards to accompany the Tower District Specific Plan. This update may result in text amendments to Chapter 15 of the Citywide Development Code.
WRT Contract Amendment
The City is requesting a second amendment to the Consultant Services Agreement with WRT for a time extension to June 30, 2025. No budgetary amendments are proposed as part of this amendment (see Exhibit R).
Public Participation
Community Engagement
In early 2023, the City of Fresno Planning and Development Department launched a robust public outreach process. City staff created a video, narrated by Pastor Booker T. Lewis, which highlighted the history of the Tower District community and called for community participation in the creation of the Draft Plan update. The first of its kind Hubsite, which served as a City-operated standalone website for the Tower District Specific Plan update, was created and launched in February 2023.
City staff engaged with the local business community in the Tower District to post flyers at businesses and alert residents and patrons of the Draft Plan update. A survey was distributed throughout the Tower District that achieved 682 responses (see Exhibit K). Key survey results are included below:
• 99% of respondents said it is important to preserve and protect historic buildings and resources in the Tower District.
o Top community priorities for preservation: more art and history focus, reuse of existing buildings, maintain historic quality of neighborhood.
• 58% of respondents saw the need to create more mixed-use development along “main streets.”
o Top community priorities for housing and businesses: new grocery store/healthy food access, affordable housing/housing programs for new homeowners, streamline permitting to encourage small businesses.
• 89% of respondents believe that the Tower District has insufficient green spaces and recreation
o Top community priorities for parks and public facilities: Tower public library, community garden, open schools for evenings and weekend green spaces.
During the summer of 2024, the City hosted a series of two public workshops to receive public feedback and provide guidance on future growth for neighborhoods within the Tower District. The first workshop, hosted at Let’s Roll Ice Cream Shop on June 6, focused on circulation, public space, housing, business and amenity needs, qualities of new buildings, and historic preservation. The second workshop, hosted at Fresno City College on August 26, built on feedback received at workshop one and focused on the top three priorities for various neighborhoods within the Tower District. Both workshops garnered more than 330 attendees in total.
Throughout the planning process, City staff engaged in ongoing outreach efforts. This included regularly canvassing Tower neighborhoods; sending mailers to Tower residents in August 2023, February 2024 and July 2024; and attending local events in the community such as Porch Fest and the farmer’s market. An additional ongoing outreach effort, called Tower Rocks, involved painting on rocks to create a scavenger hunt around the Tower community. Participants were encouraged to find the rocks, scan the QR code located on the rock, participate in the survey, post a photo with the rock and include the hashtag #TowerRocks and place it in a new location. In addition, City staff regularly attended local events in the Tower District to provide updates on the Draft Plan update.
As mentioned above, the Tower District Specific Plan Implementation Committee meetings commenced in January 2022, with meetings occurring each month throughout the planning process and 26 meetings held to date. Prior to Implementation Committee meetings, agendas and meeting information were posted to the City’s Facebook page and regular emails were sent to Tower District Specific Plan update stakeholders.
Tower District Specific Plan Implementation Committee Recommendations
On May 14, 2024, the Tower District Specific Plan Implementation Committee conducted its final policy review and made the following unanimous recommendations to the City Council for review:
• Recommend all Draft Plan policies with comments, as referenced in the Committee Policy Recommendations document to the City Council for review.
• Recommend rezoning residences zoned industrial back to residential and rezone the Central Valley Cheese Factory building from industrial to a zone more compatible.
• Recommend edits to Policy LU 4.3 to remove reference to ADUs and ACUs.
Of these recommendations, the only changes that staff did not recommend include the rezoning of residences zoned industrial back to residential and the rezoning of the Central Valley Cheese Factory. All other recommendations provided by the Implementation Committee at its meeting on May 14, 2024 were incorporated into the Draft Plan update (see Exhibit F).
On August 20, 2024, the Tower District Specific Plan Implementation Committee discussed the Draft Plan update and requested to continue initiation of the Tower District Specific Plan update from the August 29, 2024 City Council meeting agenda to September 26, 2024 and to add two additional Committee meetings on September 3, 2024 and September 17, 2024 to allow for further Committee refinement of the Draft Plan update (see Exhibit G).
Project Review Committee Feedback
The Tower District Specific Plan boundary includes Council Districts 1, 3 and 7. City staff provided an update on the Draft Specific Plan update to all active Council District Project Review and Tower District Design Review Committees during the 30-day public comment period. Committee comments and questions are included below:
District 1: Staff provided an update to the District 1 Project Review Committee on August 8, 2024. The Committee recommended establishing quantifiable metrics for engagement reporting and implementation of Plan principles, objectives and policies.
District 3: Staff provided an update to the District 3 Project Review Committee on July 23, 2024. The Committee expressed questions regarding the 30-day public comment period, how changes can be made to policies after a plan has been updated, and local preference in implementation committee members.
District 7: No active committee.
Tower District Design Review: Staff provided an update to the Tower District Design Review Committee on August 6, 2024. The Committee expressed interest in collaborating with the Tower District Implementation Committee in preparing the objective design standards.
Public Comment
The Draft Specific Plan update was released for a 30-day public comment period from July 12 to August 12, 2024. Mailers were sent via US Postal Service to all residents within the Tower District Specific Plan boundary providing information on the Draft Plan release and 30-day public comment period (see Exhibit M). Notice was posted on the City’s Facebook page and an email was sent to all subscribers of the Tower District Specific Plan. In addition, letters were sent via US Postal Service to all property owners of parcels for which a land use change is proposed (see Exhibit N).
Public comments were submitted via online, email, and phone - 41 comment letters were submitted to the City (see Exhibit H). A summary of comments received is provided below:
• Provide additional opportunities for green spaces
• Increase amenities to enhance pedestrian safety
• Reduce impacts of surrounding noise from late-night uses
• Address crime and homelessness impacts
• Provide for additional retail opportunities, including a grocery store
ENVIRONMENTAL FINDINGS
Initiation of items included in this package for City Council review are not considered a Project per CEQA Guidelines Section 15378. Environmental analysis will commence upon Council initiation.
LOCAL PREFERENCE
Several sub-consultants have a local office and are therefore considered local pursuant to Fresno Municipal Code Section 4-109.
FISCAL IMPACT
Project is funded through General Fund; No additional funding is requested.
Attachments:
Exhibit A - Resolution No. 2021-147
Exhibit B - Draft Specific Plan Update
Exhibit C - General Plan Planned Land Use Map
Exhibit D - Proposed Land Use Map
Exhibit E - Committee Policy Results
Exhibit F - May 14, 2024 Committee Recommendations
Exhibit G -TDSP Implementation Committee Public Comment Letter
Exhibit H - Public Comments
Exhibit I - Draft TED Ordinance
Exhibit J - TED Boundary
Exhibit K - Community Survey Results
Exhibit L - Policy Edits
Exhibit M - Public Mailer
Exhibit N - Property Owner Land Use Change Letter
Exhibit O - Initiating Resolution - TDSPU Plan & Land Use Map
Exhibit P - Initiating Resolution - TED Overlay
Exhibit Q - Initiating Resolution - Objective Design Standards
Exhibit R - WRT Contract Amendment
Exhibit S - Presentation