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. P24-02871 initiating preparation of the Tower District Specific Plan Objective Design Standards
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, with changes as noted in Exhibit H - Committee Comment Matrix and Exhibit I - Public Comment Matrix
2. ADOPT RESOLUTION, Application No. P24-02871, initiating the Tower District Specific Plan Objective Design Standards
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 District Specific Plan Objective Design Standards. 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 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. 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. Existing infrastructure capacity and implementation measures were also included.
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 areas 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 serves all three of these functions (see Exhibit B - Draft Specific Plan Update).
Budget: The total budget for 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 - Resolution No. 2021-147). 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. Implementation Committee meetings commenced in January 2022, with meetings occurring each month throughout the planning process. Implementation Committee members are listed below:
• Christopher Johnson (Chair) - appointed on September 2nd, 2021 (Appointing Authority: Council President Annalisa Perea)
• Janay Conley (Vice Chair) - appointed on July 29th, 2021 (Appointing Authority: Council President Annalisa Perea)
• Michael Birdsong - appointed on July 29th, 2021 (Appointing Authority: Council President Annalisa Perea)
• Annie Lokrantz - appointed on September 2nd, 2021 (Appointing Authority: Council President Annalisa Perea)
• James Kitch - appointed on September 2nd, 2021 (Appointing Authority: Councilmember Miguel Arias)
• Myra Coble - appointed on September 30th, 2021 (Appointing Authority: Councilmember Miguel Arias)
• Joe Catania - appointed on July 20th, 2023 (Appointing Authority: Mayor Jerry Dyer)
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 areas for open space opportunities, and reviewed existing and potential historic resources and districts. Circulation patterns, existing bus routes and stops, and 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, and as such the objectives and policies of the Plan were analyzed to encourage positive health and equity outcomes. The following six health and equity criteria 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.
The policies in the 1991 Plan were analyzed against the health and equity metrics above and results were presented to the Implementation Committee as part of a health and equity framework. Policies that have been revised, removed, or 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 review of each policy in the 1991 Plan under a “keep, remove, revise” strategy. Policies to remain 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 were created to address community feedback (see Exhibit L - Policy Edits). These policy edits were 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 - Committee Policy Results).
Some concepts from the 1991 Plan remain in the Draft Specific Plan update, such as land use, circulation, parks and open space and historic preservation. 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 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 - Proposed Land Use Map).
• 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 corridors and nodes
• Reflect existing and planned park locations. Note that staff and the Implementation Committee will further evaluate more precise future park locations after Council initiation.
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 - Proposed Land Use Map, 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 forthcoming 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 Tower Entertainment District Overlay will be presented to the City Council for initiation at a future date.
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.
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. 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.” This update may result in text amendments to Chapter 15 of the Citywide Development Code.
WRT Contract
The existing contract with WRT is valid through December 31, 2024. In order to allow adequate time to prepare the environmental analysis, the City will be requesting additional time and budget to the City Council at a future date.
Public Participation
Community Engagement
In early 2023, the City of Fresno Planning and Development Department launched a robust public outreach process. 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.
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 - Community Survey Results). 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, 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, 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 generally each month throughout the planning process. Prior to Implementation Committee meetings, agendas and meeting information were posted to the Tower website, the City’s Facebook page and regular emails were sent to Tower District Specific Plan update stakeholders.
Tower District Specific Plan Implementation Committee Recommendations
May 14, 2024
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.
August 20, 2024
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 - August 20, 2024 Committee Recommendations).
• A motion was made to add the recommended land use changes by the Committee from May 14, 2024, into the Draft Plan update.
September 3, 2024
During a Special Meeting on September 3rd, the Implementation Committee conducted a page-by-page review of the Draft Plan update from the Introduction Chapter through the Land Use Chapter. Feedback was provided to City staff on recommended changes and motions were made at the end of each Chapter review to recommend said changes to the City Council to be incorporated into the Draft Plan update at Council Initiation. Please see Exhibit H - Committee Comment Matrix to review all comments that were recommended on motion by the Committee to City Council.
September 9, 2024
During a Special Meeting on September 9th, the Implementation Committee conducted a page-by-page review of the Draft Plan update from the Parks and Public Facilities Chapter through the Utilities Chapter. Feedback was provided to City staff on recommended changes and motions were made at the end of each Chapter review to recommend said changes to the City Council to be incorporated into the Draft Plan update at Council Initiation. Please see Exhibit H - Committee Comment Matrix to review all comments that were recommended on motion by the Committee to City Council.
September 17, 2024
On September 17, 2024, the Tower District Specific Plan Implementation Committee concluded its review of the Draft Plan update and unanimously recommended all changes, as referenced in Exhibit H - Committee Comment Matrix, to the City Council for incorporation into the Draft Plan update.
• A motion was made to retain the industrial zoning for the property generally located at 234 E Franklin and recommend rezoning of the properties generally located at 348 N Palm, 342 N Palm, 332 N Palm, 462 N Yosemite, 454 N Yosemite from light industrial to a zone more compatible.
Staff is recommending changes to the Draft Plan update per Implementation Committee feedback. Please see Exhibit H - Committee Comment Matrix to review staff’s recommendations, which will be made after City Council initiation. The matrix reflects staff’s recommendations as follows:
• Recommend: Staff recommends making the requested change as provided.
• Recommend with revisions: Staff recommends making the requested change, with minor revisions.
• Comment noted: Staff has documented the comment provided. Changes based on the comment may be made, based on further staff analysis.
• Do not recommend: Staff does not recommend requested change.
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 posed 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 - Public Mailer). 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 - Property Owner Land Use Change Letter).
Public comments were submitted via online, email, phone and in person at Committee Meetings and 62 comment letters were submitted to the City (see Exhibit J - Public Comments). To reference, numbering associated with the letters in Exhibit J - Public Comments corresponds to responses in Exhibit I - Public Comment Matrix. A summary of themes from the 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
Staff is recommending changes to the Draft Plan update per public comments received. Please see Exhibit I - Public Comment Matrix to review staff’s recommendations. For reference, comments organized in Exhibit I correspond to numbering in Exhibit J - Public Comments. Staff’s recommended changes will be made after City Council Initiation. Exhibit J reflects staff’s recommendations as follows:
• Recommend: Staff recommends making the requested change as provided.
• Recommend with revisions: Staff recommends making the requested change, with minor revisions.
• Comment noted: Staff has documented the comment provided. Changes based on the comment may be made, based on further staff analysis.
• Do not recommend: Staff does not recommend requested change.
ENVIRONMENTAL FINDINGS
Initiation of items included in this package for City Council review is 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 Land Use Map
Exhibit D - Proposed Land Use Map
Exhibit E - Committee Policy Results
Exhibit F - May 14, 2024 Committee Recommendations
Exhibit G - August 20, 2024 Committee Recommendations
Exhibit H - Committee Comment Matrix
Exhibit I - Public Comment Matrix
Exhibit J - Public Comments
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 - Objective Design Standards
Exhibit Q - Presentation
Exhibit R - Public Comment from ID 24-1306