REPORT TO THE PLANNING COMMISSION
October 18, 2017
FROM: Dan Zack, Assistant Director
Neighborhood Revitalization Section
BY: SOPHIA PAGOULATOS, Planning Manager
Long Range Planning Division
SUBJECT
Title
Public hearing to consider the adoption of the Southwest Fresno Specific Plan and related Final Program Environmental Impact Report (FPEIR), State Clearinghouse (SHC) # 2017031012. The following applications have been filed by the Fresno City Council and pertain to approximately 3,255 acres in the DA-1 South Development Area:
1. Recommend that the City Council Review and Consider Final Program Environmental Impact Report (PEIR SCH No. 2017031012), apply the Council’s independent judgment and analyses to the review, and then certify the PEIR as having been completed in compliance with the California Environmental Quality Act (CEQA), based on the Commission’s recommendations on the proposed Final Program EIR and comments thereon (see Exhibits N, O and P).
a. Recommend the City Council Adopt an appropriate Mitigation Monitoring and Reporting Program (MMRP) as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097; and,
b. Recommend the City Council Find that based upon testimony presented by staff, there are significant, unavoidable, environmental impacts which have not been mitigated to a level below significant. Therefore, the City Council should adopt the findings of fact and consider an appropriate statement of overriding considerations.
2. Recommend that the City Council Approve Plan Amendment Application No A-17-13 which proposes to repeal the Edison Community Plan, pertaining to approximately 10,019 acres located in the DA-1 South Development Area (see Exhibit B).
3. Recommend that the City Council Approve Plan Amendment Application No. A-17-14 which proposes to adopt the October 2017 Redline Draft and accompanying technical map changes of the Southwest Fresno Specific Plan (Figure 3-2), pertaining to approximately 3,255 acres located in the DA-1 South Development Area (see Exhibits D and E).
4. Recommend that the City Council Approve Plan Amendment Application No. A-17-15 which proposes to update the Land Use Map (Figure LU-1) and the Dual Designation Map (Figure LU-2) of the Fresno General Plan to incorporate the land use changes proposed in the Southwest Fresno Specific Plan; and to correspondingly amend the Fresno Chandler Executive Airport Land Use Compatibility Plan and the Fresno-Chandler Downtown Airport Master and Environs Specific Plan (see Exhibit F).
5. Recommend that the City Council Approve Text Amendment Application No. TA-17-08 which proposes amendments to the Citywide Development (Fresno Municipal Code Chapter 15) to incorporate the Kearney Boulevard Historic Corridor (KB) Overlay District and the California Avenue Transit Corridor (CA) Overlay District (see Exhibit G).
6. Recommend that the City Council Approve Rezone Application No. R-17-17 which proposes to apply the Kearney Boulevard Historic Corridor (KB) Overlay District to approximately 50.65 acres and to apply the California Avenue Transit Corridor (CA) Overlay District to approximately 40 acres (see Exhibit H).
7. Recommend that the City Council Approve Rezone Application No. R-17-18 which proposes to rezone approximately 910 acres of property within the Southwest Fresno Specific Plan area to be consistent with the planned land use (see Exhibit I).
Body
EXECUTIVE SUMMARY
The proposed project is the adoption of the Southwest Fresno Specific Plan, which entails the repeal of the Edison Community Plan, amendment of the General Plan, adoption of a text amendment to amend the Development Code, the rezoning of approximately 910 acres in the Plan Area, and the adoption of a text amendment and rezone to establish zoning overlays along two key corridors. This report describes the planning process as well as the key elements of the Plan. The Planning Commission last acted on this item in November of 2016 when it recommended initiation of the Draft Preferred Alternative, which included a land use map and guiding principles.
BACKGROUND
Origins. The Southwest Fresno Specific Plan (the Plan) is the first of several specific plans to be developed for the purpose of community-led refinement of the Fresno General Plan with emphasis on implementation and incentivizing development. It builds upon key components in the Urban Form Element of the General Plan: a Bus Rapid Transit Corridor along California Avenue, an activity center on the site bounded by Church Avenue, Martin Luther King, Jr. Blvd. and Jensen Avenue and complete neighborhoods.
Specific Plans. The California Government Code Section 65450 defines specific plans and sets out the regulations for their use. Specific plans systematically implement the general plan for all or part of the area under its scope in one of three ways: 1) by acting as statements of planning policy that refine the 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 Plan most closely represents 1 and 2, since it includes a new planning policy for the area, and it proposes to regulate land use by amending the planned land use of approximately 25% of the property in the area and correspondingly rezoning said property for consistency.
Budget. The initial budget for the Plan was $789,094, which included an economic analysis, infrastructure study, traffic study, outreach services, a land use plan, and an environmental impact report. Two contract amendments were approved during the planning process to pay for additional community outreach and environmental review for a total of $29,143, bringing the total contract amount to approximately $818,237. $750,000 of these funds consisted of Community Development Block Grant (CBBG) funds, and the remainder were general fund monies. One of the requirements associated with the CDBG funds was that they were to be used in eligible geographic areas. See Plan Area section below for further discussion.
Consultant Team. The primary consultant on the project was Placeworks, Inc., who worked closely with the outreach team, led by Shared Spaces. Also on the outreach team were several local consultants, including Pop-Up Design & Development, Centro La Familia, and a local resident from Southwest Fresno. The entire consultant team is listed on the acknowledgements page in the Plan.
Process. The planning process was kicked off in July 2015 and was intended to be a community driven process. It is described on pages 1-17 and 1-18 in the Plan and is summarized below.
Steering Committee. A 21-member steering committee was appointed by the District 3 Councilmember. The Steering Committee was made up of stakeholders, residents, and advocates of Southwest Fresno. Two developers were also on the steering committee. The Steering Committee established rules for decision-making which included a 75% voting majority to make decisions. The Steering Committee met 16 times during the planning process. All meetings were noticed and open to the public.
Community Involvement. Community Input was essential to the development of the plan. A total of 6 community workshops were held during the planning process, as well as 10 topic-group meetings, and 3 community conversations. The purpose of these gatherings was to inform the Steering Committee and the project team about the ideas and concerns of the residents and stakeholders. The topic group meetings were held early in the process to discuss concerns and ideas of community members about specific issues that had been identified, such as housing, parks, and industrial compatibility. These meetings were held in a community office that was established in a vacant storefront near the Plan Area. A youth art-making workshop and a produce market event were also held at the office. The phases of plan development can be summarized as follows:
• Phase 1, July 2015 - November 2016: Development of the Draft Preferred Alternative, which included Guiding Principles and Proposed Land Use Map. During this phase, the following outreach activities occurred:
o 3 Community Workshops
o 10 topic group meetings
o 12 Steering Committee Meetings
• Phase 2, December 2016 - October 2017: Development of the Draft Specific Plan. During this phase, the following outreach activities occurred:
o 3 Community Workshops (including one EIR scoping meeting)
o 4 Steering Committee Meetings
o 3 Community Conversations
Outreach. At the beginning of the planning process, bilingual invitations were mailed to all property owners and residents in the Plan Area and beyond. This outreach was repeated at the midpoint of the process. Community residents who attended workshops were added to the mailing list for the project. All Steering Committee meetings were noticed according to the Brown Act and were held in different locations to maximize access. Most community workshops were held at Gaston Middle School in the Plan Area. Radio announcements in English, Spanish and Hmong were used to announce upcoming workshops. Key documents were featured on a special webpage created for the project (www.fresno.gov/southwestplan <http://www.fresno.gov/southwestplan>) and hard copies were placed in the West Fresno Library and various community centers in the Plan Area. A special phone number was established to field questions.
Plan Features
Plan Area. The geographic area covered by the plan is approximately 3,255 acres in the South Development Area defined in the General Plan and is bounded by Highway 180 on the north and Highway 41 in the east. It does not include the Downtown Neighborhoods Community Plan area nor does it include the land currently in Fresno County that is considered within the Sphere of Influence (SOI) of the General Plan, with one exception, explained below, related to the Martin Luther King, Jr. Activity Center. The maps in the Plan show and consider the SOI as a matter of good planning, but the scope of the Plan and the Environmental Impact Report focuses on the Plan Area only. Potential land uses for the SOI were discussed as part of the planning process and are shown in Figure 3-1 of the Plan. These should be considered for future adoption, if funds can be secured for environmental review.
The Martin-Luther King, Jr. Activity Center, bounded by Church Avenue, Martin Luther King, Jr. Blvd, Jensen and Knight Avenues, was identified in the General Plan as a key site for the Southwest Development Area. Although this site was in the SOI when the planning process began, it was included in the Plan Area because of its ideal location and potential in providing retail and services to the Southwest Fresno community. This site was recently entitled with land use and zoning consistent with the Plan and has been approved for annexation into the City of Fresno.
The Plan Area includes both existing neighborhoods and vacant land. New development within the Plan Area was envisioned on the vacant land to complement and enhance the existing neighborhoods.
Relationship to Other Plans. As a refinement of the city’s General Plan, the Southwest Fresno Specific Plan contains area-specific goals and policies. It also contains a proposed land use map which contemplates land use changes on approximately 25% of the property in the plan area. Thus, the adoption of the Plan will require an amendment to the General Plan Land Use Map and Dual Designation Map to maintain consistency (see Exhibit A-17-15).
The Plan incorporates recommendations from a recent planning process in the southern portion of the Plan Area called the 41 + North Corridor Complete Streets Plan. This plan, funded by a California Department of Transportation (Caltrans) Environmental Justice Transportation Grant, was aimed at solving mobility challenges in the area, which was bounded by North Avenue, Martin Luther King, Jr. Boulevard, Annadale Avenue, and Elm Avenue. Recommendations which emerged from that planning process that have been incorporated into the Southwest Fresno Specific Plan include pedestrian and bicycle improvements on all of the above-mentioned streets, as well as land use recommendations for commercial uses at the intersection of North and Elm Avenues and a Neighborhood Park and residential uses to the west of the Mary Ella Brown Community Center.
The Edison Community Plan, adopted in 1977, is proposed to be repealed pursuant to Policy D-7-a of the General Plan, which calls for its repeal along with that of several other outdated community plans.
The Edison Community Plan aimed to stimulate the long-term balanced growth of the community based on three objectives related to public facilities improvements, housing and economic/employment development. A key area identified in the plan was the intersection of California and Walnut Avenues, which was planned for a community center, along with supporting office and retail uses. Today, the West Fresno Regional Center and Library are located on the site, consistent with the vision of the Edison Community Plan. While the Edison Community Plan served its purpose, the fact that is it 40 years old makes it outdated and a potential source of confusion. Today, the area covered by the Edison Community Plan is covered by several more recent plans, including the Downtown Neighborhoods Community Plan (2016), the Fresno Chandler Executive Airport Land Use Compatibility Plan (2014), the General Plan (2014) and the proposed Southwest Fresno Specific Plan. These newer plans more accurately reflect existing conditions and demographics as well as more current strategies for addressing the issues brought forth by the community.
Guiding Principles. The core principles of the Plan were developed by the Steering Committee with robust community input and are summarized below (see pages 2-2 and 2-3 in the Plan). These principles address the key issues that were identified early in the planning process: poor quality housing, not enough retail diversity, not enough parks and trails, parks in poor condition, inadequate workforce development and employment opportunities, incomplete and inaccessible transportation system, and incompatible land uses. An overarching theme was community health, which is addressed through the guiding principles:
• Provide a mix of high quality housing types located close to amenities, with an emphasis on single-family housing that is affordable to a mix of household income levels. Encourage new housing that is compatible with the community character and historic architecture of Southwest Fresno.
• Attract retail to serve Southwest Fresno residents and reduce vehicle miles travelled. Retail needs include department stores, restaurants, healthy grocers, and services. Discourage the expansion of potentially controversial retail establishments such as liquor stores and short-term loan shops.
• Refine the standard for what is defined as “parkland” to include truly usable parks, as opposed to standards that include unusable spaces in ponding basins or parkland located on landfill or toxic sites. Prioritize improving existing parks with better and more amenities. Provide parks that are safe, healthy, social, and active spaces for residents especially families and youth, to visit.
• Prepare, mentor, and train Southwest Fresno residents, including youth, to become better qualified for existing and future employment opportunities within Southwest Fresno and encourage a shift from unskilled, low-wage jobs to skilled, higher-education jobs. Locate employment uses so that they do not conflict with residential areas, but are still conveniently accessible by various modes of transportation and located near retail and regional access points.
• Provide visible, complete, safe, and regularly maintained transportation infrastructure, such as roads, crosswalks, sidewalks, and traffic lights. Connect and expand access to regional transportation networks and locate transit on routes near residential areas that provide access to desired destinations. Accommodate both motorized and non-motorized modes of travel for people of all ages and abilities.
• Locate new industrial development away from Southwest Fresno residential neighborhoods. Increase transparency and communication between government representatives, residents and stakeholders regarding proposed industrial uses and/or improvements. Restrict the proximity of truck routes near residential areas to the maximum extent feasible.
Land Use Vision/Concepts. After exploring various land use concepts to establish urban form in the Plan Area, a hybrid concept was chosen as the Draft Preferred (land use) Alternative. This preferred alternative included 3 distinct elements to make southwest Fresno more cohesive, healthy and vibrant. These are described below and on pages 2-5 through 2-11 of the Specific Plan.
• Complete Neighborhoods: Established in the General Plan, this concept aims to break away from Fresno’s typical development pattern of separating residential and retail areas, and instead, to create neighborhoods that are interconnected, self-sufficient and walkable. Complete neighborhoods have housing, services, employment, and recreation all within walking distance.
• Magnet Cores: This is a term used for a high activity center that would include a synergistic mix of uses. There are two magnet cores located within the Plan area; the locations were determined with the guidance of an economic study that recommended these locations for their local and regional access. One magnet core, known as the “MLK Activity Center Magnet Core,” is located on the west side of Martin Luther King, Jr. Blvd. between Church and Jensen Avenues, and is planned for a public facility-college campus, a park, residential development, and a retail center. The other magnet core is located on Whites Bridge Avenue between Marks and Hughes Avenues and is envisioned for retail and urban neighborhood residential uses.
• Corridors: key streets that are lined with higher, more intensive development and have multimodal improvements such as pedestrian, bicycle and transit facilities. The various corridors identified in the Plan have different functions and will serve to further define community identity:
o Whites Bridge Avenue: Regional Retail Corridor
o Jensen Avenue: Jobs Corridor
o Elm Avenue: Mixed Use/Jobs Corridor
o Kearney Boulevard: Historic Corridor
o California Avenue: Mixed Use/Transit Corridor
Text Amendment No. T-17-08 and Rezone No. R-17-017 establish zoning overlays along Kearney Boulevard and California Avenue. The Kearney Boulevard Historic Corridor (KB) Overlay District aims to preserve the historic character of Kearney Boulevard by ensuring that front setbacks and building orientation in new development are consistent with existing development along the corridor. In addition, the text amendment calls for the preservation of the historic configuration of the boulevard by continuing the street tree pattern and frontage road design.
The California Avenue Transit Corridor (CA) Overlay District is intended to create a safe and convenient pedestrian environment to support Bus Rapid Transit service on the corridor. It requires that new buildings be oriented toward the street with pedestrian access provided, and limits new front yard fences to 3 feet in height.
Land Use. The proposed land use map is a result of applying the urban form elements and guiding principles described above. Land use changes are proposed on approximately 900 acres of land in the 3,255 acre Plan Area. In general, areas with existing neighborhoods were left unchanged, while areas with vacant land were proposed for change. The more intense land uses, such as commercial, mixed use, and higher density residential, were located in magnet cores or along appropriate corridors. Park and ponding basin designations were refined to reflect usable parkland and the classification criteria identified in the draft Parks Master Plan In addition, properties with industrial or business park land uses were re-designated to other uses.
Industrial Land. One of the universal themes of the residents of Southwest Fresno was the desire for a healthy community and a concern about industrial uses and truck traffic close to residential neighborhoods. Therefore, the land use recommendations in the Plan include re-designating all industrial and business park land use in the Plan Area to other non-industrial land uses. This would still allow the indefinite continuation of all existing lawfully established industrial uses as legal nonconforming uses. It would not allow the establishment of new industrial or business park uses in the Plan Area. To put this in perspective, there are currently 146 acres of land designated for industrial use in the Plan area, or 2% of the industrially designated land within city limits. Currently there are approximately 7,255 acres of industrially designated land within city limits, of which 2,149 acres are vacant.
Housing. The steering committee also believed that the Plan Area and areas near the Plan Area had too much higher density housing and not enough single family housing. The land use plan reflects this direction, as its capacity for multifamily dwelling units is 800 units fewer than anticipated in the General Plan, while its capacity for single family housing increased by approximately 200 units when compared to the General Plan. The overall impact of the Plan’s proposed land uses on Housing Element sites are discussed later in this report.
Implementation Priorities. Chapter 8 of the Plan covers the general strategy for implementation, including funding and financing tools, economic development strategies and an Implementation Action Plan (see pages 8-1 through 8-31 of the Plan). With input from the community, the following priorities were identified:
Priority #1A: Incentivize and support development of the proposed Community College Campus at the MLK Activity Center Magnet Core
Priority #1B: Underground infrastructure for the MLK Activity Center Magnet Core
Priority #1C: New complete streets for Church Avenue, Jensen Avenue, and Martin Luther King, Jr. Blvd (surrounding the MLK Activity Center Magnet Core).
Other high priorities include:
• Park Rehabilitation and New Development
• Trail Network
• Establishment of a Grocery Store or Food Coop
• Workforce Development and Local Hiring Policy
• California Avenue Bus Rapid Transit
• Planning the Whites Bridge & Marks Avenue Magnet Core
Public Comment on the Plan
May 2017 Public Draft. The first public draft of the Plan was made available for a 30-day public comment period from May 17 - June 16, 2017. It was released at a community workshop and discussed at 3 community conversations held in during that time period. The comments can be summarized as follows:
• Clarify parameters around the Industrial Compatibility Assessment and the guiding policy that addresses industrial land use
• Enhance transportation options, and work toward zero emission busses
• Refine truck routes to ensure they are removed from residential neighborhoods where feasible
• Clarify terminology and requirements related to street design, including sidewalk with, street tree spacing and lighting, sharrows and biofiltration.
• Clarify parks discussion in the Public Facilities chapter to reflect the usable parkland.
• Add priorities and cost information to the Implementation Chapter
• Ensure adequate planning with the Washington Unified and Central Unified School Districts
• Ensure that eminent domain is only used as a last resort.
October 2017 Redline Draft. The Steering Committee considered all plan comments at its June 26, and July 6 2017 meetings and voted on revisions to the May 2017 draft which were memorialized in an August 8, 2017 Revisions Memo that was circulated with the Draft Environmental Impact Report. Proposed revisions from the environmental analysis were also added to the memo. Revisions included a new parks policy, green building standards, adding “vibration” to list of performance standards, and revising traffic information to size the future roadway system to avoid property acquisition as much as possible. These revisions are now reflected as redlines in the October 2017 Redline Draft of the document.
Further comments were made on the Plan as part of the EIR process. Some of the comments were repetitive of the comments received on the May 2017 Draft. Others surfaced new issues and when appropriate, were incorporated into the Plan to strengthen its function as a tool to improve the environment. These included additional policies to encourage green building standards as well as zero emission vehicle fleets. Technical changes and clarifications, including revisions of certain maps and figures in the document were also made to reflect the revisions.
One of the figures that was updated is Figure 3-2, the Proposed Land Use map. The following 3 technical changes were made to the map, which staff has determined to be consistent with the environmental document and to fall within its scope:
1. An existing school site, Sunset Elementary, was mistakenly designated with Commercial Mixed Use. The land use has been revised to Public Facility to reflect the existing school use.
2. The Neighborhood Mixed Use site on the southeast corner of Church and Walnut was expanded to include two small parcels that were not shown correctly in the initial map.
3. The land uses on the Martin Luther King Activity Center magnet core were slightly adjusted to reflect the Plan Amendment, Rezone and Parcel Map applications that were recently approved by the City Council.
Airport Land Use Commission. All new land use plans whose geographic area falls within Airport Influence Areas (AIA) must seek a finding of consistency with the Airport Land Use Commission (ALUC). The Fresno Chandler Executive Airport is located just outside of the Plan Area, however its AIA overlaps with the Plan Area. On October 2, 2017, the ALUC reviewed the proposed plan and found it consistent with the Fresno Chandler Executive Airport Land Use Compatibility Plan.
General Plan Consistency
The Government Code requires consistency between a General Plan and a Specific Plan. Since the Plan contains proposed land uses that are different than those on the General Plan Land Use Map (Figure LU-1) and the Dual Designation Map (LU-2) for approximately 25% of the Plan area, a general plan amendment is proposed to ensure land use consistency between both plans. In terms of policy, the Southwest Fresno Specific Plan is a refinement of the General Plan that includes principles, objectives and policies that reflect the needs and desires of Southwest Fresno residents and stakeholders. These principles, policies and objectives are found to be consistent with those of the General Plan. Consistency in key policy areas is discussed below.
Economic Development Element. This Element sets out an economic strategy, and Objective ED-4 states “Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job still levels in order to appeal to local and non-local business.” The Plan strongly supports this objective by proposing the land use designation and zoning on a site that could accommodate a community college in the Plan Area, as well as with policies that support workforce development.
Land Use/Urban Form Element This Element envisions future development of the South Development Area with infill, a Bus Rapid Transit line along California Avenue, and the MLK Activity Center. In addition, it calls for infill development within city limits, and complete neighborhoods. The Plan was created with these elements as the foundation. Urban Form Policy UF-1-a calls for diverse neighborhoods through supporting development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. Policy UF-1-d calls for a range of housing types, providing for diversity and variation of building types, densities and scales of development in order to reinforce the identity of individual neighborhoods, foster a variety of market-based options for living and working to suit a large range of income levels, and further affordable housing opportunities throughout the city. The Plan provides for a range of housing types, including mixed use development, multifamily development and single family development. The plan emphasizes single family development within flexible density ranges to encourage a variety of housing types to suit various income levels.
With regard to industrial land use, Objective LU-7 of the Land Use and Urban Form Element of the General Plan states: Plan and support industrial development to support job growth. The Plan’s set of policies targeted at reducing the incompatibility between industrial uses and adjacent residential neighborhoods is considered consistent with this General Plan policy, since reducing industrial incompatibility over time insures the long term sustainability of both the industrial uses (in the proper location) and the residential neighborhoods. In addition, policies in the Plan recommend prioritization of the “Reverse Triangle” just to the east, as an appropriate location for new industrial uses. Finally, the plan includes a provision that when the “Reverse Triangle” is 85% developed, parcels on the east side of Elm Avenue south of North Avenue could be designated for industrial use.
Mobility and Transportation Element. This Element envisions a multi-modal transportation system and complete streets. The Plan includes policies and objectives consistent with those in the General Plan. General Plan policies of note include MT-1-j which calls for the prioritization of transportation improvements that are consistent with the character of surrounding neighborhoods and supportive of safe, functional and complete neighborhoods; minimizing negative impacts upon sensitive land uses such as residences, hospitals, schools, natural habitats, open space areas and historic and cultural resources. The Plan streamlines projected roadway improvements to minimize property acquisition in existing neighborhoods. Objective MT-3 calls for the preservation of scenic or aesthetically unique corridors by application of unique policies and regulations. The Plan proposes special overlays on Kearney Boulevard and California Avenue to preserve historic character and pedestrian access.
Parks, Open Space and Schools Element. This Element contains standards for acres of parkland per population, and the Plan analyzes parks in the Plan area with these same standards. The Element also contains policies that support urban greening and the goal of a walkable parks system, policies which are also included in the Plan.
Healthy Communities Element. This Element calls for addressing the issue of industrial compatibility with existing residential neighborhoods (Policy HC-3g). It also cites the complete neighborhoods model as one that promotes community health. In addition, the Element calls for the prevention of crime through design. The Plan incorporates Crime Prevention Through Environmental Design (CPTED) principles. Finally, the Plan echoes the Element’s policies on increasing healthy food opportunities and furthering youth development.
Housing Element. This element includes objectives, policies and programs to provide safe and affordable housing for all segments of the community. Policy H-1-a calls for implementation of land use policies and standards that allow for a range of residential densities and products that will enable households of all types and income levels the opportunity to find suitable ownership or rental housing. The Plan includes land zoned at various density ranges from 1 dwelling unit per acre up to 30 dwelling units per acre. Opportunities for single family housing were emphasized in the Plan because opportunities for this type of housing were considered to be lower in the Plan area than in other areas of the City. This is supported by Policy UF-1-a, Diverse Neighborhoods, which calls for support of development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.
In addition to General Plan consistency, the Government Code requires that findings be made for any proposed land use changes on housing element sites. Specifically, Section 65863 (b) of the Government Code states that no city shall reduce or permit the reduction of the residential density for any parcel at a lower residential density, unless it can make written findings that both of the following are true:
1. The reduction is consistent with the adopted general plan; and
2. The remaining sites identified in the housing element are adequate to accommodate the jurisdiction’s share of the regional housing need allocation (RHNA).
The proposed changes on housing element sites would be consistent with the general plan because the adoption of the Southwest Fresno Specific Plan also includes a general plan amendment to align planned land uses and make them consistent. In addition, the Plan is consistent with General Plan and Housing Element goals, policies and objectives as noted above.
Regarding the second point, there are 222 housing element sites in the Southwest Fresno Specific Plan area totaling 864 acres. Of those, land use and zoning changes are proposed on 37 sites totaling 230 acres. Some of these sites gained housing capacity and others lost housing capacity. The net overall change in housing capacity on these sites results in a capacity gain in the 16-30 dwelling units per acre (du/ac) category of 257 units; a net capacity gain in the 12-16 du/ac category of 54 units, and a net capacity loss in the 0-12 du/ac category of 566 units. In this 0-12 du/ac category, the Housing Element inventory included 3,500 dwelling units of excess capacity beyond the regional housing needs allocation of 10,116 dwelling units. Since the Housing Element was adopted, there has been no reduction of dwelling units in this category. Therefore, since the remaining sites identified in the Housing Element are adequate to accommodate the City’s RHNA (2013 - 2023) there is no net loss of dwelling unit capacity to the city’s regional housing need allocation. Further, the Plan is consistent with the goals, policies and objectives of the Fresno General Plan. As such, the Plan is found to be consistent with the Housing Element.
Requests for Land Use Changes
Exhibit L contains a comment letter on the plan requesting land use changes. The Planning Commission has the following options for responding to those requests:
1. Recommend for approval, modification or denial to the City Council, however an approval recommendation would need to be supported by a finding that the change would fall within the scope of the EIR;
2. Defer consideration of land use change requests until they can be evaluated by staff and processed as part of a future Plan clean up.
ENVIRONMENTAL FINDINGS
Environmental Impact Report Process
The City, as the lead agency under the CEQA determined that a Program Environmental Impact Report (PEIR) was required for the proposed project. The consulting firm of Placeworks, Inc. was prepared the PEIR. The review and certification of the PEIR involves the following procedural steps:
Notice of Preparation (NOP): Upon the City’s determination that an EIR was required for this project, a NOP was made available to the general public and responsible trustee agencies to solicit input on issues of concern that should be addressed in the EIR. The initial NOP was issued on February 28, 2017 and included a project description, project location, and a brief overview of the topics to be covered in the PEIR. Comment letters were received from several public agencies and private citizens and were incorporated into the Draft PEIR (DPEIR).
Public Scoping Meeting: On March 1, 2017 the City held a project scoping meeting to which the Responsible and Trustee agencies as well as interested members of the public were invited, and which had been duly advertised in advance. The meeting was attended by approximately 60 members of the public and was held at the Gaston Middle School Multi-Purpose Room.
Notice of Completion (NOC): Upon completion of the DPEIR, the City filed a NOC with the State Clearinghouse, Office of Planning and Research, to begin the public and agency review period.
Public Notice/Public Review Concurrent with filing the NOC, the City provided public notice of the availability of the DEIR for public review by posting on the website, publishing in the Fresno Bee, mailing to all commenters, Steering Committee members, and other interested parties and filing with the County Clerk on August 9, 2017. Comment was invited from the general public, agencies, organizations, and other interested parties. The length of the public review period was 45 days, (from August 9 through September 25, 2017 during which time written comments on the DPEIR were submitted to the City of Fresno.
Response to Comments: After the close of the public review period, the City and consultant prepared formal responses to the written comments received. A total of 16 written comments were received from government agencies, non-governmental organizations/private companies, and members of the public regarding the DPEIR. As required by CEQA Guidelines, 15088(b), City responses were sent to public agencies that submitted comments. The responses to comments were also made available on the City website 10 days prior to City Council consideration.
Final EIR (FEIR): A FEIR was prepared that includes the comment letters and responses to comments and revisions to the DPEIR. The DPEIR consists of one bound volume and a compact disc of the Appendices, which was previously provided to the Planning Commission.
Certification of the EIR: The City Council will hold a public hearing to consider the adequacy and completeness of the EIR under CEQA and to certify the EIR and adopt the necessary Findings of Fact and Statement of Overriding Considerations.
Mitigation Monitoring and Reporting Program (MMRP): The City Council will also consider adopting a program to implement the EIR’s recommended mitigation measures to mitigate, avoid, or substantially lessen the significant impacts of the project. The final Mitigation Monitoring and Reporting Program is included in the FEIR.
Environmental Impact Report Analysis and Conclusions
Project Objectives
Pursuant to the CEQA Guidelines, Section 15124, the EIR must identify the objectives of the project (the “project” means the Southwest Fresno Specific Plan, or “the Plan”). The objectives of this proposed Plan are to:
• Create a healthy community that offers a positive physical, social, natural and economic environment to support the health and wellbeing of all its members;
• Attract high quality new development while protecting existing neighborhoods;
• Provide a mix of high quality housing types, with an emphasis on single-family housing that is compatible with community character and located close to amenities such as parks, schools transit services, shopping and employment;
• Attract needed retail, such as department stores, restaurants, and grocery stores, in order to serve resident needs with fewer, shorter vehicle trips;
• Provide quality open space and recreational opportunities by improving existing parks and creating new parks within walking distance (1/2 mile radius) of all residences;
• Increase economic and educational opportunity through programs, services and facilities to prepare, mentor and train Southwest Fresno residents to access high quality employment opportunities;
• Enhance transportation connectivity both with Southwest Fresno and between Southwest Fresno and other Fresno neighborhoods in order to provide more access to economic, social, and educational opportunities;
• Improve the quality of life in Southwest Fresno through high quality investment, compatible land uses, increased park and recreational opportunities and a multi-modal and connected transportation system.
Impacts Analyzed
The EIR analyzed impacts to the following environmental areas, as these were the areas determined to have potential impacts:
Aesthetics (Section 4.1)
Agriculture Resources (Section 4.2)
Air Quality (Section 4.3)
Biological Resources (Section 4.4)
Cultural and Tribal Resources (Section 4.5)
Geology and Soils (Section 4.6)
Greenhouse Gas Emissions (Section 4.7)
Hazards and Hazardous Materials (Section 4.8)
Hydrology and Water Quality (Section 4.9)
Land Use and Planning (Section 4.10)
Noise (Section 4.11)
Population and Housing (Section 4.12)
Public Services and Recreation (Section 4.13)
Transportation and Traffic (Section 4.14)
Utilities and Service Systems (Section 4.15)
Based on the analysis in the Initial Study, forest resources and mineral resources were not analyzed because it was not reasonably foreseeable that the proposed Project would cause significant impact to those areas.
The EIR found impacts to the following areas: Aesthetics, Agricultural Resources, Air Quality, Biological Resources, Cultural Resources, Greenhouse Gases, Hazards and Hazardous Materials, Noise, Public Services, and Transportation and Traffic. The EIR includes recommended mitigation measures in these areas (See Mitigation Monitoring and Reporting Program included in the FEIR). The recommended mitigation measures were found to reduce impacts to less than significant in all but the areas listed below:
• Aesthetics
• Agricultural Resources
• Air Quality
• Greenhouse Gases
• Noise
• Traffic
Overriding Considerations
Pursuant to CEQA requirements, findings of fact and a statement of overriding consideration are required to approve the project, because the project will result in significant unavoidable impacts. Staff recommends that the following overriding considerations be considered in approving the project despite its unavoidable significant impacts: job creation and economic opportunity, creation of tax revenues, improved public health and air quality related to enhanced walking, bicycling, and public transit opportunities, improved safety and security due to enhanced streetscapes and building facades. See Exhibit N for more detail.
Comments on DPEIR
After the DPEIR was published and noticed for review and comment on August 9, 2017, the City received several comments which were summarized and addressed in the FEIR. None of these comments contained new information that revealed any potentially new or more significant environmental impacts that could have required recirculation of the DPEIR pursuant to CEQA Guidelines Section 15088.5.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications, staff concludes that the required findings of Section 15-5812 of the Fresno Municipal Code can be made. These findings are attached as Exhibit N.
CONCLUSION
The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying Program Environmental Impact Report. Upon consideration of this evaluation, it can be concluded that the Southwest Fresno Specific Plan, adopted through all the applications noted in the title of this staff report, is appropriate for the subject properties. Action by the Planning Commission will be a recommendation to City Council.
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Map of Edison Community Plan Area Plan Amendment A-17-13
Exhibit C- Map of Existing General Plan Land Use
Exhibit D - Plan Amendment A-17-14: Southwest Fresno Specific Plan October 2017 Redline
Exhibit E - Plan Amendment A-17-14: Land Use Map Figure 3-2 with Technical Changes
Exhibit F- Plan Amendment A-17-15: Figures LU-1 & LU-2 of the General Plan
Exhibit G Text Amendment T-17-08 Establishing Overlays
Exhibit H Rezone R-17-17 Map - Overlays
Exhibit I Rezone R-17-18 Map
Exhibit J- Housing Element Analysis
Exhibit K - Plan Comment Letters on May 2017 Public Draft
Exhibit L - Plan Comment Letters on October 2017 Redline Draft
Exhibit M - Fresno Municipal Code Findings
Exhibit N - Findings of Fact and Statement of Overriding Considerations
Exhibit O - Draft Program EIR
Exhibit P- Final EIR