REPORT TO THE CITY COUNCIL
July 16, 2020
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer / Assistant Director
Public Works Department, Traffic Operations and Planning Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division, Right of Way Section
SUBJECT
Title
Actions pertaining to Sierra Sky Park (Council District 2):
1. Adopt a finding of Negative Declaration per staff determination, pursuant to Public Resources Code § 21157.1 and California Environmental Quality Act (CEQA) Guidelines §15177, Master Environmental Impact Report (SCH # 2012111015)
2. BILL - (For Introduction) - Modifying Sections 1901 and 1905 of Chapter 14 of the Fresno Municipal Code relating to use of aircraft and the parking of aircraft on public streets in Sierra Sky Park
3. RESOLUTION - of Intention No. 1128-D to vacate a portion of West Spaatz Avenue and North Doolittle Drive between North Blythe Avenue and West Herndon Avenue
Body
RECOMMENDATION
It is recommended that the Council introduce the attached Ordinance modifying Sections 1901 and Section 1905, of Chapter 14, of the Fresno Municipal Code (FMC) to prohibit aircraft from taxiing and parking on Spaatz Avenue from Blythe Avenue to a point 200 feet west of Doolittle Drive; and on Doolittle Drive between Spaatz Avenue and a point 100 feet north of Herndon Avenue. Staff further recommends the City Council adopt a finding of Negative Declaration per staff determination, pursuant to Public Resources Code § 21157.1 and California Environmental Quality Act (CEQA) Guidelines §15177, Master Environmental Impact Report (SCH # 2012111015) and adopt Resolution of Intention No. 1128-D for the proposed vacation of a portion of West Spaatz Avenue and North Doolittle Drive between North Blythe Avenue and West Herndon Avenue, and set the required hearing at 10:00 a.m. on August 20, 2020.
EXECUTIVE SUMMARY
Currently, the FMC allows for the taxiing and parking of aircraft on Doolittle Drive south of Spaatz Avenue and along Spaatz Avenue between Blythe and Doolittle. The developer, Ginder Development, has requested that the Municipal Code be amended to prohibit aircraft from taxiing and parking on sections of Spaatz Avenue near the Sierra Sky Park Airport, and has also requested that portions of Doolittle Drive and Spaatz Avenue be vacated. The planned retail development per Tentative Parcel Map No. 2014-06 between Herndon Avenue and Spaatz Avenue will increase vehicular traffic on Spaatz Avenue to a level that is incompatible with aircraft taxiing and parking on this roadway. Richard Ginder is requesting the vacation of a portion of West Spaatz Avenue and North Doolittle Drive between North Blythe Avenue and West Herndon Avenue as shown on Exhibit “A” of the attached Resolution of Intent. The purpose of this ordinance change and street vacation is to reduce the limits of where aircraft can park and taxi, improve safety, eliminate excessive right-of-way on Spaatz Avenue and to vacate Doolittle Drive which is now a dead end street.
BACKGROUND
Ginder Development submitted an application to the City to vacate sections of Spaatz Avenue and Doolittle Avenue in the area west of the Sierra Sky Park Airport Runway. Both Spaatz and Doolittle have very wide right-of-ways to accommodate taxiing and parking of aircraft. These 150’ rights-of-way are wider than Herndon Avenue, while most local streets have between 50 and 60 feet of right-of-way. As part of the proposed street vacation agenda item, the developer is requesting to reduce the right-of-way on Spaatz from the current 150 feet down to 109 feet, so as to vacate 41 feet of City street right-of-way. The County side of Spaatz Avenue will be unaffected, as the City limits follow the centerline of Spaatz and all of the right-of-way north of the center of Spaatz is outside of the City. Spaatz Avenue will remain open to traffic for City and County constituents; the change will be the elimination of aircraft taxiing and parking within the City limits on Spaatz Avenue.
The proposed vacation of a portion of West Spaatz Avenue and North Doolittle Drive between North Blythe Avenue and West Herndon Avenue was previously dedicated by Sierra Sky Park Tract in Volume 13, of Plats at Page 27, Fresno County Records, recorded January 14, 1986.
The Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street right-of-way proposed for vacation is unnecessary for present or prospective public street purposes as shown on Exhibit “A” of the attached Resolution of Intent, subject to conditions of approval as listed in Exhibit “B” of the attached Resolution of Intent.
The vacation, if approved by the Council at the public hearing, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder, but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City.
Staff recommends prohibiting aircraft from taxiing on Spaatz Avenue in order to provide safety. There is an existing hanger on Spaatz that is located on the second parcel west of Doolittle (see attached exhibit). There are no other hangers or aircraft-related uses west of the second parcel. Staff is recommending allowing aircraft to taxi on Spaatz to provide access to the existing hanger. The driveway for the new commercial development will be west of the hanger, so the shopping center traffic will not use the section of Spaatz that will allow aircraft. Most of the Sierra Sky Park residential neighborhood is outside of the City, in Fresno County. However, the runway and main taxiway are within the City. There are two streets that parallel the runway further north from the subject vacation and ordinance amendment. McCampbell Drive and Doolittle Drive are half in the City and half in the County, with the centerline being the dividing line between the City and the County. The code changes that are being recommended will not modify where the aircraft are currently allowed to taxi on these two streets. The current code prohibits aircraft on Herndon and Blythe. Aircraft will still be allowed to taxi on the northeast 200 feet of Spaatz. The County allows aircraft to taxi on the other streets within the Sierra Sky Park development.
The developer is also requesting to vacate all of Doolittle Drive, south of the Spaatz intersection. Doolittle Drive no longer connects to Herndon Avenue, as the Council vacated the first 100 feet north of Herndon Avenue in 2017 as part of a Public Works project to complete the Herndon Avenue expressway and multi-purpose trail. The developer proposes to incorporate the vacated Doolittle street right-of-way into the retail shopping center, which will maximize use of the property and take an unnecessary street off the City maintenance backlog. With the proposed vacation of Doolittle Drive, it is appropriate to remove Doolittle from the list of streets near Sierra Sky Park where taxiing and parking of aircraft would be allowed.
Chapter 14, Article 1901 of the Fresno Municipal Code, designates that vehicles and aircraft can concurrently use the streets within Sierra Sky Park. The Code allows aircraft on all of the streets except for that portion of the following:
(a) Herndon Avenue.
(b) Blythe Avenue.
(c) Brawley Avenue heretofore named on said map as Braley Avenue.
(d) Doolittle Drive from Herndon Avenue to a point 100 feet northerly thereof.
(e) McCampbell Drive, save and except the following portions of said street wherein the point use by vehicles and aircraft are permitted:
(i) That portion within the intersections of Fallon, Kelly and Alluvial Avenues, and that portion fronting on Lots 48, 49, 50 and 114;
City staff is recommending the following modification to the Code:
(a) Herndon Avenue.
(b) Blythe Avenue.
(c) Brawley Avenue heretofore named on said map as Braley Avenue.
(d) Doolittle Drive from Herndon Avenue to a point 100 feet northerly thereof.
(d) [Spaatz Avenue, from Blythe Avenue to a point 200 feet west of Doolittle Avenue.]
(e) McCampbell Drive, save and except the following portions of said street wherein the point use by vehicles and aircraft are permitted:
(i) That portion within the intersections of Fallon, Kelly and Alluvial Avenues, and that portion fronting on Lots 48, 49, 50 and 114;
(ii) An area 60 feet in width fronting on Lots 78 and 106 to be specifically determined at such time as the improvements are developed thereon.
Chapter 14, Section 1905 of the Fresno Municipal Code, prohibits parking of aircraft and vehicles on public streets within Sierra Sky Park. Staff is recommending the following modification to the code:
Aircraft and vehicles shall not park on any public street herein designated for their joint use[.], except the following streets wherein parking of aircraft shall be permitted.
(a) Spaatz Avenue between Blythe and Doolittle Avenues;
(b) Doolittle Avenue between Spaatz and a point 100 feet north of Herndon Avenue.
These changes will modify the code to match the street vacation and will improve traffic safety on Spaatz Avenue due to the increased traffic volumes.
The City Attorney’s Office has approved the attached Ordinance and Resolution of Intention as to form.
ENVIRONMENTAL FINDINGS
The City of Fresno has conducted an initial study and proposes to adopt a Negative Declaration for the above-described project. The environmental analysis contained in the Initial Study and this Negative Declaration is tiered from the Master Environmental Impact Report (SCH # 2012111015) prepared for the Fresno General Plan (“MEIR”). A copy of the MEIR may be reviewed in the City of Fresno Planning and Development Department (formerly the Development and Resource Management Department) as indicated within the attached environmental assessment. The proposed project has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report ("MEIR) prepared for the Fresno General Plan. Pursuant to Public Resources Code § 21157.1 and California Environmental Quality Act (CEQA) Guidelines § 15177, this project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available.
This completed environmental impact checklist form, its associated narrative, and proposed mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA.
All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself, and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures.
Based upon the evaluation guided by the environmental checklist form, it was determined that there are no foreseeable impacts from the Project that are additional to those identified in the MEIR, and/or impacts which require mitigation measures not included in the MEIR Mitigation Measure Checklist. The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, or less than significant.
For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project, or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an Environmental Impact Report, and have• been mitigated to the extent feasible. There is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. The MEIR mitigation checklist measures will be imposed on this project.
The initial study has concluded that the proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines.
The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment.
LOCAL PREFERENCE
Local preference was not implemented because this item is not an award of a construction or services contract.
FISCAL IMPACT
This project has no impact to the General Fund and is located in Council District 2. Richard Ginder has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
Ordinance
Aerial Photograph of Development Area
Spaatz-Doolittle Vacation Vicinity
PW-12358-EA
Resolution of Intent No. 1128-D